Florida Senate - 2017 SB 204 By Senator Passidomo 28-00360-17 2017204__ 1 A bill to be entitled 2 An act relating to actions founded on real property 3 improvements; amending s. 95.11, F.S.; specifying when 4 a contract has been completed between a professional 5 engineer, registered architect, or licensed contractor 6 and his or her employer; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Paragraph (c) of subsection (3) of section 11 95.11, Florida Statutes, is amended to read: 12 95.11 Limitations other than for the recovery of real 13 property.—Actions other than for recovery of real property shall 14 be commenced as follows: 15 (3) WITHIN FOUR YEARS.— 16 (c) An action founded on the design, planning, or 17 construction of an improvement to real property, with the time 18 running from the date of actual possession by the owner, the 19 date of the issuance of a certificate of occupancy, the date of 20 abandonment of construction if not completed, or the date of 21 completion or termination of the contract between the 22 professional engineer, registered architect, or licensed 23 contractor and his or her employer, whichever date is latest; 24 except that, when the action involves a latent defect, the time 25 runs from the time the defect is discovered or should have been 26 discovered with the exercise of due diligence. In any event, the 27 action must be commenced within 10 years after the date of 28 actual possession by the owner, the date of the issuance of a 29 certificate of occupancy, the date of abandonment of 30 construction if not completed, or the date of completion or 31 termination of the contract between the professional engineer, 32 registered architect, or licensed contractor and his or her 33 employer, whichever date is latest. Completion of the contract 34 shall be the last date the professional engineer, registered 35 architect, or licensed contractor furnishes labor, services, or 36 materials, not including labor, services, or materials relating 37 to correction of deficiencies in such engineer’s, architect’s, 38 or contractor’s previously performed work or materials supplied. 39 Section 2. This act shall take effect July 1, 2017.