The Florida Senate

¹558.002  Definitions.--As used in this act, the term:

(1)  "Action" means any civil action or arbitration proceeding for damages or indemnity asserting a claim for damage to or loss of a dwelling or personal property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect.

(2)  "Association" has the same meaning as in s. 718.103(2), s. 719.103(2), s. 720.301(7), or s. 723.025

(3)  "Claimant" means a homeowner, including a subsequent purchaser, tenant, or association, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a construction defect. The term does not include a contractor, subcontractor, supplier, or design professional.

(4)  "Construction defect" means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of a dwelling resulting from:

(a)  Defective material, products, or components used in the construction or remodeling;

(b)  A violation of the applicable codes in effect at the time of construction or remodeling;

(c)  A failure of the design of a dwelling to meet the applicable professional standards of care at the time of governmental approval; or

(d)  A failure to construct or remodel a dwelling in accordance with accepted trade standards for good and workmanlike construction at the time of construction.

(5)  "Contractor" means any person, firm, partnership, corporation, association, or other organization that is legally engaged in the business of designing, developing, constructing, manufacturing, selling, or remodeling dwellings or attachments thereto.

(6)  "Design professional" means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor.

(7)  "Dwelling" means a single-family house, manufactured or modular home, duplex, or unit in a multifamily residential building designed for residential use and includes common areas and improvements that are owned or maintained by an association or by members of an association, and includes the systems, other components, and improvements that are part of the structure at the time of completion of construction.

(8)  "Service" means personal service or delivery by certified mail to the last known address of the addressee.

(9)  "Subcontractor" means a contractor who performs work on behalf of another contractor in the construction or remodeling of a dwelling.

(10)  "Supplier" means a person who provides materials, equipment, or other supplies for the construction or remodeling of a dwelling.

History.--s. 2, ch. 2003-49.

¹Note.--Section 7, ch. 2003-49, provides that "[t]his act shall take effect [May 27, 2003] and shall apply to all actions accruing on or after the effective date."