Florida Senate - 2018 SB 536 By Senator Passidomo 28-00653B-18 2018536__ 1 A bill to be entitled 2 An act relating to limitations of actions other than 3 for the recovery of real property; amending s. 95.11, 4 F.S.; authorizing the commencement, within a specified 5 timeframe, of counterclaims, cross-claims, and third 6 party claims that arise out of the same transaction or 7 occurrence and are the basis for an action previously 8 brought; providing that the correction of defects and 9 deficiencies or the performance of certain types of 10 work do not extend the period of time within which an 11 action must be commenced; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Paragraph (c) of subsection (3) of section 16 95.11, Florida Statutes, is amended to read: 17 95.11 Limitations other than for the recovery of real 18 property.—Actions other than for recovery of real property shall 19 be commenced as follows: 20 (3) WITHIN FOUR YEARS.— 21 (c) An action founded on the design, planning, or 22 construction of an improvement to real property, with the time 23 running from the date of actual possession by the owner, the 24 date of the issuance of a certificate of occupancy, the date of 25 abandonment of construction if not completed, or the date of 26 completion of the contract or termination of the contract 27 between the professional engineer, registered architect, or 28 licensed contractor and his or her employer, whichever date is 29 latest; except that, when the action involves a latent defect, 30 the time runs from the time the defect is discovered or should 31 have been discovered with the exercise of due diligence. In any 32 event, the action must be commenced within 10 years after the 33 date of actual possession by the owner, the date of the issuance 34 of a certificate of occupancy, the date of abandonment of 35 construction if not completed, or the date of completion of the 36 contract or termination of the contract between the professional 37 engineer, registered architect, or licensed contractor and his 38 or her employer, whichever date is latest. However, 39 counterclaims, cross-claims, and third-party claims that arise 40 out of the same transaction or occurrence and are the basis for 41 an action previously brought may be commenced up to 45 days 42 after service of process upon the party asserting such claims, 43 even if such claims would otherwise be time barred. 44 45 For purposes of this paragraph, the term “completion of the 46 contract”
Completion of the contractmeans the later of the date 47 of final performance of all the contracted services or the date 48 that final payment for such services becomes due without regard 49 to the date final payment is made. Once a certificate of 50 completion or occupancy has been issued by a governmental 51 authority, the correction of defects or deficiencies, punch list 52 work, and warranty work do not extend the time within which an 53 action must be commenced. 54 Section 2. This act shall take effect July 1, 2018.