The bill amends Florida Statutes concerning construction defects, specifically sections 558.003 and 558.004, by clarifying that deviations from initial construction plans and specifications do not qualify as construction defects. It revises the notice requirements for claimants representing more than 20 parcels, extending the notice period from 120 to 180 days before filing an action. Claimants are now required to provide detailed descriptions of the alleged defects and their locations, and the bill establishes specific timeframes for inspections and responses. Additionally, if a claimant accepts an offer to repair a defect, they must grant reasonable access for repairs, and if repairs are not completed within the agreed timeframe, the claimant may proceed with legal action without further notice.

The bill also introduces provisions for preaction mediation for claimants representing more than 20 parcels, requiring parties to deposit funds into an escrow account to address claims. It stipulates that if the necessary building permits are obtained and inspections passed, the construction project is deemed compliant with the Florida Building Code, barring personal injury or property damage outside the permit scope. Furthermore, it mandates that written contracts for real property improvements include a notice regarding the claims for construction defects being subject to the notice and cure provisions of Chapter 558, although failure to include this notice does not incur penalties. The act is set to take effect on July 1, 2025.

Statutes affected:
S 1442 Filed: 558.003, 558.005