HB 1899

1	A bill to be entitled
2	An act relating to construction defects; amending s.
3	558.001, F.S.; revising legislative findings and
4	declarations; amending s. 558.002, F.S.; revising
5	definitions; amending s. 558.003, F.S.; providing
6	requirements for filing actions alleging construction
7	defects; requiring abatement, upon timely motion, of
8	certain actions filed that do not comply with certain
9	requirements; amending s. 558.004, F.S.; revising
10	requirements, procedures, criteria, and limitations in
11	provisions relating to notice and opportunity to repair
12	construction defects in certain structures; providing
13	requirements and procedures for making, accepting, or
14	rejecting settlement offers; providing for consequences of
15	certain actions relating to settlement offers; specifying
16	legal obligation to make certain repairs or monetary
17	payments under certain circumstances; providing a mutual
18	duty to exchange certain discoverable evidence; providing
19	requirements and limitations; amending s. 558.005, F.S.;
20	revising certain contract content provisions; providing a
21	notice form; providing application; providing
22	severability; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 558.001, Florida Statutes, is amended
27	to read:
28	558.001  Legislative findings and declaration.--The
29	Legislature finds that it is beneficial to have an alternative
30	method to resolve construction disputes that would reduce the
31	need for litigation as well as protect the rights of homeowners.
32	An effective alternative dispute resolution mechanism in certain
33	construction defect matters should involve the claimant filing a
34	notice of claim with the contractor, subcontractor, supplier, or
35	design professional that the claimant asserts is responsible for
36	the defect, and should provide the contractor, subcontractor,
37	supplier, or design professional with an opportunity to resolve
38	the claim without resort to further legal process.
39	Section 2.  Section 558.002, Florida Statutes, is amended
40	to read:
41	558.002  Definitions.--As used in this chapter act, the
42	term:
43	(1)  "Action" means any civil action or arbitration
44	proceeding for damages or indemnity asserting a claim for damage
45	to or loss of a dwelling or personal property caused by an
46	alleged construction defect, but does not include any civil
47	action or arbitration proceeding asserting a claim for alleged
48	personal injuries arising out of an alleged construction defect.
49	(2)  "Association" has the same meaning as in s.
50	718.103(2), s. 719.103(2), s. 720.301(7), or s. 723.025.
51	(3)  "Claimant" means a homeowner, including a subsequent
52	purchaser, tenant, or association, who asserts a claim for
53	damages against a contractor, subcontractor, supplier, or design
54	professional concerning a construction defect or who asserts a
55	claim for indemnification for such damages. The term does not
56	include a contractor, subcontractor, supplier, or design
57	professional.
58	(4)  "Construction defect" means a deficiency in, or a
59	deficiency arising out of, the design, specifications,
60	surveying, planning, supervision, observation of construction,
61	or construction, repair, alteration, or remodeling of a
62	dwelling, any appurtenance to the dwelling, or the real property
63	to which the dwelling or appurtenance is affixed resulting from:
64	(a)  Defective material, products, or components used in
65	the construction or remodeling;
66	(b)  A violation of the applicable codes in effect at the
67	time of construction or remodeling which gives rise to a cause
68	of action pursuant to s. 553.84;
69	(c)  A failure of the design of a dwelling to meet the
70	applicable professional standards of care at the time of
71	governmental approval; or
72	(d)  A failure to construct or remodel a dwelling in
73	accordance with accepted trade standards for good and
74	workmanlike construction at the time of construction.
75	(5)  "Contractor" means any person, as defined in s. 1.01,
76	firm, partnership, corporation, association, or other
77	organization that is legally engaged in the business of
78	designing, developing, constructing, manufacturing, selling, or
79	remodeling dwellings or attachments thereto.
80	(6)  "Design professional" means a person, as defined in s.
81	1.01, licensed in this state as an architect, interior designer,
82	landscape architect, engineer, or surveyor.
83	(7)  "Dwelling" means a single-family house, manufactured
84	or modular home, duplex, triplex, quadruplex, or other
85	multifamily unit in a multifamily residential building designed
86	for residential use in which title to each individual unit is
87	transferred to the owner under a condominium or cooperative
88	system and includes common areas and improvements that are owned
89	or maintained by an association or by members of an association,
90	and also includes the systems, other components, and
91	improvements, and other structures or facilities, including, but
92	not limited to, recreational structures or facilities, that are
93	appurtenant to and located on the real property on which the
94	house, duplex, triplex, quadruplex, or other multifamily unit is
95	located, but are not necessarily part of the structure at the
96	time of completion of construction.
97	(8)  "Service" means personal service or delivery by
98	certified mail, return receipt requested, to the last known
99	address of the addressee.
100	(9)  "Subcontractor" means a person, as defined in s. 1.01,
101	who is a contractor who performs labor and supplies material
102	work on behalf of another contractor in the construction or
103	remodeling of a dwelling.
104	(10)  "Supplier" means a person, as defined in s. 1.01, who
105	provides only materials, equipment, or other supplies for the
106	construction or remodeling of a dwelling.
107	Section 3.  Section 558.003, Florida Statutes, is amended
108	to read:
109	558.003  Action; compliance abatement.--If A claimant may
110	not file files an action subject to this chapter without first
111	complying with the requirements of this chapter. If a claimant
112	files an action alleging a construction defect without first
113	complying with the requirements of this chapter act, on timely
114	motion by a party to the action the court shall abate the
115	action, without prejudice, and the action may not proceed until
116	the claimant has complied with such requirements.
117	Section 4.  Section 558.004, Florida Statutes, is amended
118	to read:
119	558.004  Notice and opportunity to repair.--
120	(1)  In actions brought alleging a against a contractor,
121	subcontractor, supplier, or design professional related to an
122	alleged construction defect, the claimant shall, at least no
123	later than 60 days before filing an action involving a single-
124	family home manufactured or modular home, duplex, triplex, or
125	quadruplex, or at least 120 days before filing an action
126	involving an association of one or more units in a multifamily
127	residential building, serve written notice of claim on the
128	contractor, subcontractor, supplier, or design professional, as
129	applicable, which notice shall refer to this chapter. If the
130	construction defect claim arises from work performed under a
131	contract, the written notice of claim must be served on the
132	person with whom the claimant contracted. The notice of claim
133	must describe the claim in reasonable detail sufficient to
134	determine the general nature of each alleged construction defect
135	and a description of the damage or loss resulting from the
136	defect, if known. The claimant shall endeavor to serve the
137	notice of claim within 15 days after discovery of an alleged
138	defect, but the failure to serve notice of claim within 15 days
139	does not bar the filing of an action, subject to s. 558.003.
140	This subsection does not preclude a claimant from filing an
141	action sooner than 60 days, or 120 days as applicable, after
142	service of written notice as expressly provided in subsection
143	(6), subsection (7), or subsection (8).
144	(2)  Within 30 5 business days after receipt service of the
145	notice of claim, the contractor, subcontractor, supplier, or
146	design professional may inspect involving a single-family home,
147	manufactured or modular home, duplex, triplex, or quadruplex, or
148	within 50 days after receipt of the notice of claim involving an
149	association of one or more units in a multifamily building, the
150	person receiving the notice of claim under subsection (1) is
151	entitled to perform a reasonable inspection of the dwelling or
152	of each unit subject to the claim to assess each alleged
153	construction defect. The claimant shall provide the person
154	receiving the notice under subsection (1) and such person's

CODING: Words stricken are deletions; words underlined are additions.