Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 966
       
       
       
       
       
       
                                Ì540480ÅÎ540480                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/27/2024           .                                
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       The Committee on Rules (Burgess) recommended the following:
       
    1         Senate Substitute for Amendment (790218) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 553.837, Florida Statutes, is created to
    7  read:
    8         553.837 Mandatory builder warranty.—
    9         (1) As used in this section, the term:
   10         (a) “Builder” has the same meaning as in s. 553.993.
   11         (b) “Newly constructed home” means any residential real
   12  property, or manufactured or modular home, which is a single
   13  family dwelling, duplex, triplex, or quadruplex that has not
   14  been previously occupied.
   15         (2) A builder shall warrant a newly constructed home for
   16  all construction flaws caused by defects of equipment, material,
   17  or workmanship furnished by the builder or any subcontractor or
   18  supplier resulting in noncompliance with standards of quality as
   19  measured by acceptable trade practices for a period of 1 year
   20  from the date of original conveyance of title to the initial
   21  purchaser or from the date of full completion of each of any
   22  items completed after conveyance of title. The builder must
   23  comply with the requirement to warrant a newly constructed home
   24  for the duration required under this subsection even if the
   25  newly constructed home is sold or transferred and is no longer
   26  owned by the initial purchaser. The builder shall remedy, at the
   27  builder’s expense, any such defects and shall restore any work
   28  damaged in fulfilling the terms and conditions of the warranty.
   29  A builder may purchase a warranty from a home warranty
   30  association provided for under chapter 634 to cover the
   31  warranties required in this section.
   32         (3) This section may not be construed to require the
   33  builder’s warranty that is mandated under subsection (2) to
   34  cover any of the following:
   35         (a) Normal wear and tear of the newly constructed home.
   36         (b) Normal house settling within generally acceptable trade
   37  practices.
   38         (c) Any object or part of the newly constructed home that
   39  has been substantially modified by the initial purchaser or a
   40  subsequent purchaser.
   41         (d) Damage to the newly constructed home, whether caused by
   42  the initial purchaser, a subsequent purchaser, a third party, or
   43  an act of God over which the builder has no control, such as a
   44  natural disaster or a fire caused by lightning.
   45         (4) Notwithstanding any other provision in this section, a
   46  builder may provide a purchaser with a warranty that is broader
   47  in scope or that is for a period longer than the 1-year warranty
   48  required in subsection (2) if the builder’s warranty explicitly
   49  states all of the following:
   50         (a) The builder is providing a warranty that is longer than
   51  is required under subsection (2) and the length of time for
   52  which the warranty is granted.
   53         (b) Whether the warranty is transferable for the duration
   54  of the warranty and any terms under which the warranty may be
   55  transferred.
   56         (5) Enforcement of this section is limited to a private
   57  civil cause of action by a purchaser against any builder that
   58  fails to comply with this section.
   59         Section 2. This act shall take effect July 1, 2024.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete everything before the enacting clause
   64  and insert:
   65                        A bill to be entitled                      
   66         An act relating to builder warranties; creating s.
   67         553.837, F.S.; defining terms; requiring a builder to
   68         provide certain warranties for a newly constructed
   69         home for a specified period; requiring the builder to
   70         comply with the warranty requirement even if the newly
   71         constructed home is sold or transferred; requiring the
   72         builder to remedy at the builder’s expense certain
   73         defects and work damaged; requiring the builder to
   74         restore any work damaged in certain circumstances;
   75         authorizing a builder to purchase a warranty from a
   76         home warranty association under certain circumstances;
   77         providing construction; authorizing a builder to
   78         provide a warranty that is broader in scope or longer
   79         in duration if certain criteria are met; providing
   80         that enforcement of the act is limited to a private
   81         civil cause of action; providing an effective date.