Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 623
       
       
       
       
       
       
                                Ì615874GÎ615874                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/06/2024 10:01 AM       .      03/07/2024 04:17 PM       
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       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.