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 pursue 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 specifies that if the parties obtain necessary building permits and pass inspections, they are not liable for defects unless they were aware of any material violations. Furthermore, it mandates that any written contract for real property improvements must 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