Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for HB 623 Ì615874GÎ615874 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: C 03/06/2024 10:01 AM . 03/07/2024 04:17 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Burgess moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 553.837, Florida Statutes, is created to 6 read: 7 553.837 Mandatory builder warranty.— 8 (1) As used in this section, the term: 9 (a) “Builder” has the same meaning as in s. 553.993. 10 (b) “Material violation” has the same meaning as in s. 11 553.84. 12 (c) “Newly constructed home” means any residential real 13 property or manufactured building, modular building, or factory 14 built building as defined in s. 553.36 which is a single-family 15 dwelling, duplex, triplex, or quadruplex that has not been 16 previously occupied. 17 (2) A builder shall warrant a newly constructed home for 18 all construction defects of equipment, material, or workmanship 19 furnished by the builder or any subcontractor or supplier 20 resulting in a material violation of the Florida Building Code 21 pursuant to this part, for a period of 1 year after the date of 22 original conveyance of title to the initial owner or after the 23 date of initial occupancy of the dwelling, whichever occurs 24 first. Defects with respect to appliances or equipment that are 25 covered under a manufacturer warranty do not fall within the 26 scope of the required warranty under this subsection. 27 (a) This subsection may not be construed to require the 28 builder’s warranty to cover any of the following: 29 1. Normal wear and tear of the newly constructed home. 30 2. Normal house settling within generally acceptable trade 31 practices. 32 3. Any object or part of a newly constructed home that 33 contains a defect that is caused by any work performed or 34 material supplied incident to construction, modification, or 35 repair performed by the initial purchaser, a subsequent 36 purchaser, or anyone acting on his or her behalf, other than the 37 builder or its employees, agents, or contractors. 38 4. Any loss or damage to the newly constructed home, 39 whether caused by the initial purchaser, a subsequent purchaser, 40 a third party, or an act of God over which the builder has no 41 control, such as a natural disaster or a fire caused by 42 lightning. 43 (b) The builder shall remedy, at the builder’s expense, any 44 defects that are covered under this subsection and shall restore 45 any work damaged in fulfilling the terms and conditions of the 46 warranty. A builder may purchase a warranty from a home warranty 47 association provided for under chapter 634 to cover the 48 warranties required in this section. 49 (c) A builder shall comply with the requirement to warrant 50 a newly constructed home, whether pursuant to the statutory 51 warranty under this subsection or a builder’s express written 52 warranty as provided in subsection (3), for the full 1-year 53 period required under this subsection even if the newly 54 constructed home is sold or transferred and is no longer owned 55 by the initial owner. 56 (3) Notwithstanding any other provision in this section, 57 the terms and conditions of an express written warranty that is 58 provided by a builder to the initial owner of a newly 59 constructed home supersede any provisions in this section if the 60 express written warranty contains provisions with respect to any 61 of the following: 62 (a) The scope, coverage, and duration of the express 63 written warranty is the same or greater than that required in 64 subsection (2). 65 (b) The express written warranty automatically transfers to 66 a new owner during at least the initial year of the warranty as 67 provided in paragraph (2)(c). 68 (c) If the builder provides an express written warranty 69 that is longer than that required under subsection (2), the 70 express written warranty must state: 71 1. That the builder is providing a warranty that is longer 72 than required under subsection (2) and the length of time for 73 which the warranty is granted. 74 2. Whether the warranty is transferable for a duration 75 beyond the 1 year required under paragraph (2)(c) and any terms 76 under which the warranty may be transferred. 77 (4) Enforcement of this section is limited to a private 78 civil cause of action by a purchaser against any builder that 79 fails to comply with this section. This section may not be 80 construed to extend the statute of repose beyond that provided 81 by law. 82 Section 2. This act shall take effect July 1, 2025. 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete everything before the enacting clause 87 and insert: 88 A bill to be entitled 89 An act relating to builder warranties; creating s. 90 553.837, F.S.; defining terms; requiring a builder to 91 provide certain warranties for a newly constructed 92 home for a specified period; providing that certain 93 defects are not covered by such warranties; providing 94 construction; requiring the builder to remedy, at the 95 builder’s expense, certain defects and restore work 96 damaged; providing that a builder may purchase a 97 warranty from a certain home warranty association to 98 cover specified warranties; requiring the builder to 99 comply with the warranty requirement for a newly 100 constructed home for a specified period even if it is 101 sold or transferred; providing that certain express 102 warranties supersede certain provisions under certain 103 circumstances; specifying requirements for certain 104 express warranties; providing that enforcement is 105 limited to a private cause of action brought by a 106 purchaser against the noncompliant builder; providing 107 construction; providing an effective date.