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 contract means 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.