Florida Senate - 2017                                     SB 204
       
       
        
       By Senator Passidomo
       
       28-00360-17                                            2017204__
    1                        A bill to be entitled                      
    2         An act relating to actions founded on real property
    3         improvements; amending s. 95.11, F.S.; specifying when
    4         a contract has been completed between a professional
    5         engineer, registered architect, or licensed contractor
    6         and his or her employer; providing an effective date.
    7          
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Paragraph (c) of subsection (3) of section
   11  95.11, Florida Statutes, is amended to read:
   12         95.11 Limitations other than for the recovery of real
   13  property.—Actions other than for recovery of real property shall
   14  be commenced as follows:
   15         (3) WITHIN FOUR YEARS.—
   16         (c) An action founded on the design, planning, or
   17  construction of an improvement to real property, with the time
   18  running from the date of actual possession by the owner, the
   19  date of the issuance of a certificate of occupancy, the date of
   20  abandonment of construction if not completed, or the date of
   21  completion or termination of the contract between the
   22  professional engineer, registered architect, or licensed
   23  contractor and his or her employer, whichever date is latest;
   24  except that, when the action involves a latent defect, the time
   25  runs from the time the defect is discovered or should have been
   26  discovered with the exercise of due diligence. In any event, the
   27  action must be commenced within 10 years after the date of
   28  actual possession by the owner, the date of the issuance of a
   29  certificate of occupancy, the date of abandonment of
   30  construction if not completed, or the date of completion or
   31  termination of the contract between the professional engineer,
   32  registered architect, or licensed contractor and his or her
   33  employer, whichever date is latest. Completion of the contract
   34  shall be the last date the professional engineer, registered
   35  architect, or licensed contractor furnishes labor, services, or
   36  materials, not including labor, services, or materials relating
   37  to correction of deficiencies in such engineer’s, architect’s,
   38  or contractor’s previously performed work or materials supplied.
   39         Section 2. This act shall take effect July 1, 2017.