The Florida Senate
HOUSE MESSAGE SUMMARY
Prepared By: The Professional Staff of the Committee on Judiciary
[s00736.hms.docx]
BILL: CS/CS/CS/SB 736 1st Eng.
INTRODUCER: Rules Committee, Community Affairs Committee, Judiciary Committee, and
Senator Hutson
SUBJECT: Construction Defects and Building Code Violations
DATE: March 10, 2022
I.Amendments Contained in Message:
House Amendment – 303549 (body with title)
II.Summary of Amendments Contained in Message:
House Amendment – 303459 is a delete-all amendment that provides a general 7-year repose
period for bringing a construction defect action based on a latent defect and also provides
exceptions which result in longer repose periods for defects to the common elements and
common areas of a homeowners’ association, condominium association, and cooperative
associations; fraudulently concealed defects; and material violations of the building code. The
Senate bill, in contrast, provides a 7-year repose period and uses more concrete events, such as
the issuance of a certificate of occupancy or certificate of completion or the closing or expiration
of a building permit, to define when the repose period begins to run.
The House amendment does not limit actions for a building code violation to material violations
of the code, but this limit is included in the Senate bill.
The House amendment provides for the repeal of chapter 558, F.S., effective July 1, 2025. This
chapter provides alternative dispute resolution procedures for construction defects. The Senate
bill, in contrast, amends chapter 558, F.S., to require an inspection report as part of a notice of
claim, to require a claimant who rejects a settlement offer to explain his or her reasons for the
rejection, and to make other changes.


Statutes affected:
S 736 Filed: 95.11
S 736 c1: 95.11
S 736 c2: 95.11, 627.441
S 736 c3: 95.11, 627.441
S 736 e1: 95.11, 553.84