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 unless there is personal injury or property damage beyond the permits' scope. Furthermore, it mandates that any written contract for real property improvements must include a notice regarding the notice and cure provisions of Chapter 558, although failure to include this notice does not incur penalties. The bill outlines procedures for managing costs associated with alleged defects, requiring the hiring of a licensed third-party engineer to confirm the completion of repairs, and specifies that any remaining funds in the escrow account after repairs must be returned to the payor. The act is set to take effect on July 1, 2025.

Statutes affected:
S 1442 Filed: 558.003, 558.005