Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 966 Ì664086?Î664086 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 03/05/2024 04:09 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Burgess moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 26 - 74 4 and insert: 5 (b) “Material violation” has the same meaning as in s. 6 553.84. 7 (c) “Newly constructed home” means any residential real 8 property or manufactured building, modular building, or factory 9 built building as defined in s. 553.36 which is a single-family 10 dwelling, duplex, triplex, or quadruplex that has not been 11 previously occupied. 12 (2) A builder shall warrant a newly constructed home for 13 all construction defects of equipment, material, or workmanship 14 furnished by the builder or any subcontractor or supplier 15 resulting in a material violation of the Florida Building Code 16 pursuant to this part, for a period of 1 year after the date of 17 original conveyance of title to the initial owner or after the 18 date of initial occupancy of the dwelling, whichever occurs 19 first. Defects with respect to appliances or equipment that are 20 covered under a manufacturer warranty do not fall within the 21 scope of the required warranty under this subsection. 22 (a) This subsection may not be construed to require the 23 builder’s warranty to cover any of the following: 24 1. Normal wear and tear of the newly constructed home. 25 2. Normal house settling within generally acceptable trade 26 practices. 27 3. Any object or part of a newly constructed home that 28 contains a defect that is caused by any work performed or 29 material supplied incident to construction, modification, or 30 repair performed by the initial purchaser, a subsequent 31 purchaser, or anyone acting on his or her behalf, other than the 32 builder or its employees, agents, or contractors. 33 4. Any loss or damage to the newly constructed home, 34 whether caused by the initial purchaser, a subsequent purchaser, 35 a third party, or an act of God over which the builder has no 36 control, such as a natural disaster or a fire caused by 37 lightning. 38 (b) The builder shall remedy, at the builder’s expense, any 39 defects that are covered under this subsection and shall restore 40 any work damaged in fulfilling the terms and conditions of the 41 warranty. A builder may purchase a warranty from a home warranty 42 association provided for under chapter 634 to cover the 43 warranties required in this section. 44 (c) A builder shall comply with the requirement to warrant 45 a newly constructed home, whether pursuant to the statutory 46 warranty under this subsection or a builder’s express written 47 warranty as provided in subsection (3), for the full 1-year 48 period required under this subsection even if the newly 49 constructed home is sold or transferred and is no longer owned 50 by the initial owner. 51 (3) Notwithstanding any other provision in this section, 52 the terms and conditions of an express written warranty that is 53 provided by a builder to the initial owner of a newly 54 constructed home supersedes any provisions in this section if 55 the express written warranty contains provisions with respect to 56 any of the following: 57 (a) The scope, coverage, and duration of the express 58 written warranty is the same or greater than that required in 59 subsection (2). 60 (b) The express written warranty automatically transfers to 61 a new owner during at least the initial year of the warranty as 62 provided in paragraph (2)(c). 63 (c) If the builder provides an express written warranty 64 that is longer than that required under subsection (2), the 65 express written warranty must state: 66 1. That the builder is providing a warranty that is longer 67 than required under subsection (2) and the length of time for 68 which the warranty is granted. 69 2. Whether the warranty is transferable for a duration 70 beyond the 1 year required under paragraph (2)(c) and any terms 71 under which the warranty may be transferred. 72 (4) Enforcement of this section is limited to a private 73 civil cause of action by a purchaser against any builder that 74 fails to comply with this section. This section may not be 75 construed to extend the statute of repose beyond that provided 76 by law. 77 Section 2. This act shall take effect July 1, 2025. 78 79 ================= T I T L E A M E N D M E N T ================ 80 And the title is amended as follows: 81 Delete lines 5 - 17 82 and insert: 83 home for a specified period; providing that certain 84 defects are not covered by such warranties; providing 85 construction; requiring the builder to remedy, at the 86 builder’s expense, certain defects and work damaged; 87 providing that a builder may purchase a warranty from 88 a certain home warranty association to cover specified 89 warranties; requiring the builder to comply with the 90 warranty requirement for a newly constructed home for 91 a specified period even if it is sold or transferred; 92 providing that certain express warranties supersede 93 certain provisions under certain circumstances; 94 specifying requirements for certain express 95 warranties; providing that enforcement is limited to a 96 private cause of action brought by a purchaser against 97 the noncompliant builder; providing construction; 98 providing an effective date.