Causes of Action for Construction Defects Claims: Florida Building Code

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Modified: May 18, 2023

Article

CS/SB 360

Florida Building Code

pp. 3–4; §553.84, F.S.

Narrows the scope of the cause of action granted to persons damaged as a result of a violation of the Florida Building Codes Act or the Florida Building Code by:

  • Amending the statute to limit recovery for material violations only; and

  • Defining the term “material violation” to mean a Florida Building Code violation that exists within a completed building, structure, or facility that may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.

This standard for material violation in the bill is the same standard in existing law that requires a local enforcing agency to impose a fine on a builder of $500 to $5,000 for failing to correct a material violation within a reasonable time.

Effective date: April 13, 2023

Chapter No. 2023-22, LOF