Text of Proposed Changes to § 95.11, Florida Statutes
The proposed new language to § 95.11, Florida Statutes, is listed below. New language is underlined. Line numbers are the line references from the actual bill.
95.11 Limitations other than for the recovery of real
38 property.—Actions other than for recovery of real property shall
39 be commenced as follows:
40 (3) WITHIN FOUR YEARS.—
41 (c) An action founded on the design, planning, or
42 construction of an improvement to real property, with the time
43 running from the date of actual possession by the owner, the
44 date of the issuance of a certificate of occupancy, the date of
45 abandonment of construction if not completed, or the date of
46 completion or termination of the contract between the
47 professional engineer, registered architect, or licensed
48 contractor and his or her employer, whichever date is latest;
49 except that, when the action involves a latent defect, the time
50 runs from the time the defect is discovered or should have been
51 discovered with the exercise of due diligence. In any event, the
52 action must be commenced within 10 years after the date of
53 actual possession by the owner, the date of the issuance of a
54 certificate of occupancy, the date of abandonment of
55 construction if not completed, or the date of completion or
56 termination of the contract between the professional engineer,
57 registered architect, or licensed contractor and his or her
58 employer, whichever date is latest. A right of action founded on
59 the design, planning, or construction of an improvement to real
60 property does not pass to subsequent purchasers of the real
61 property if purchased as-is.
62 Section 2. The amendment made by this act to s.
63 95.11(3)(c), Florida Statutes, applies to any action commenced
64 on or after July 1, 2017, regardless of when the cause of action
65 accrued, except that any action that would not have been barred
66 on July 1, 2018, under s. 95.11(3)(c), Florida Statutes, before
67 the amendment made by this act may be commenced before July 1,
68 2018, and if it is not commenced by that date and would be
69 barred by the amendment made by this act to s. 95.11(3)(c),
70 Florida Statutes, it shall be barred.