Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 204 Ì606890:Î606890 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/15/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Passidomo) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Paragraph (c) of subsection (3) of section 6 95.11, Florida Statutes, is amended to read: 7 95.11 Limitations other than for the recovery of real 8 property.—Actions other than for recovery of real property shall 9 be commenced as follows: 10 (3) WITHIN FOUR YEARS.— 11 (c) An action founded on the design, planning, or 12 construction of an improvement to real property, with the time 13 running from the date of actual possession by the owner, the 14 date of the issuance of a certificate of occupancy, the date of 15 abandonment of construction if not completed, or the date of 16 completion or termination of the contract between the 17 professional engineer, registered architect, or licensed 18 contractor and his or her employer, whichever date is latest; 19 except that, when the action involves a latent defect, the time 20 runs from the time the defect is discovered or should have been 21 discovered with the exercise of due diligence. In any event, the 22 action must be commenced within 10 years after the date of 23 actual possession by the owner, the date of the issuance of a 24 certificate of occupancy, the date of abandonment of 25 construction if not completed, or the date of completion or 26 termination of the contract between the professional engineer, 27 registered architect, or licensed contractor and his or her 28 employer, whichever date is latest. Completion of the contract 29 means the later of the date of final performance of all the 30 contracted services or the date that final payment for such 31 services becomes due without regard to the date final payment is 32 made. 33 Section 2. This act applies to causes of action that accrue 34 on or after July 1, 2017. 35 Section 3. For the purpose of incorporating the amendment 36 made by this act to section 95.11, Florida Statutes, in a 37 reference thereto, subsection (2) of section 627.441, Florida 38 Statutes, is reenacted to read: 39 627.441 Commercial general liability policies; coverage to 40 contractors for completed operations.— 41 (2) A liability insurer must offer coverage at an 42 appropriate additional premium for liability arising out of 43 current or completed operations under an owner-controlled 44 insurance program for any period beyond the period for which the 45 program provides liability coverage, as specified in s. 46 255.0517(2)(b). The period of such coverage must be sufficient 47 to protect against liability arising out of an action brought 48 within the time limits provided in s. 95.11(3)(c). 49 Section 4. This act shall take effect July 1, 2017. 50 51 ================= T I T L E A M E N D M E N T ================ 52 And the title is amended as follows: 53 Delete everything before the enacting clause 54 and insert: 55 A bill to be entitled 56 An act relating to limitations on actions other than 57 for the recovery of real property; amending s. 95.11, 58 F.S.; specifying the date of completion for specified 59 contracts; providing applicability; reenacting s. 60 627.441(2), F.S., relating to commercial general 61 liability policy coverage to contractors for completed 62 operations, to incorporate the amendment made by the 63 act to s. 95.11, F.S., in a reference thereto; 64 providing an effective date.