Florida Senate - 2017 CS for SB 204 By the Committee on Judiciary; and Senator Passidomo 590-02434-17 2017204c1 1 A bill to be entitled 2 An act relating to limitations on actions other than 3 for the recovery of real property; amending s. 95.11, 4 F.S.; specifying the date of completion for specified 5 contracts; providing applicability; reenacting s. 6 627.441(2), F.S., relating to commercial general 7 liability policy coverage to contractors for completed 8 operations, to incorporate the amendment made by the 9 act to s. 95.11, F.S., in a reference thereto; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Paragraph (c) of subsection (3) of section 15 95.11, Florida Statutes, is amended to read: 16 95.11 Limitations other than for the recovery of real 17 property.—Actions other than for recovery of real property shall 18 be commenced as follows: 19 (3) WITHIN FOUR YEARS.— 20 (c) An action founded on the design, planning, or 21 construction of an improvement to real property, with the time 22 running from the date of actual possession by the owner, the 23 date of the issuance of a certificate of occupancy, the date of 24 abandonment of construction if not completed, or the date of 25 completion or termination of the contract between the 26 professional engineer, registered architect, or licensed 27 contractor and his or her employer, whichever date is latest; 28 except that, when the action involves a latent defect, the time 29 runs from the time the defect is discovered or should have been 30 discovered with the exercise of due diligence. In any event, the 31 action must be commenced within 10 years after the date of 32 actual possession by the owner, the date of the issuance of a 33 certificate of occupancy, the date of abandonment of 34 construction if not completed, or the date of completion or 35 termination of the contract between the professional engineer, 36 registered architect, or licensed contractor and his or her 37 employer, whichever date is latest. Completion of the contract 38 means the later of the date of final performance of all the 39 contracted services or the date that final payment for such 40 services becomes due without regard to the date final payment is 41 made. 42 Section 2. This act applies to causes of action that accrue 43 on or after July 1, 2017. 44 Section 3. For the purpose of incorporating the amendment 45 made by this act to section 95.11, Florida Statutes, in a 46 reference thereto, subsection (2) of section 627.441, Florida 47 Statutes, is reenacted to read: 48 627.441 Commercial general liability policies; coverage to 49 contractors for completed operations.— 50 (2) A liability insurer must offer coverage at an 51 appropriate additional premium for liability arising out of 52 current or completed operations under an owner-controlled 53 insurance program for any period beyond the period for which the 54 program provides liability coverage, as specified in s. 55 255.0517(2)(b). The period of such coverage must be sufficient 56 to protect against liability arising out of an action brought 57 within the time limits provided in s. 95.11(3)(c). 58 Section 4. This act shall take effect July 1, 2017.