Bill > H1295

Introduced Session

An act relating to construction defects; amending ss. 558.001 and 558.002, F.S.; conforming provisions to changes made by the act; amending s. 558.003, F.S.; providing that deviations from the initial plans and specifications for construction projects are not considered construction defects; amending s. 558.004, F.S.; revising the list of parties to be served written notice; revising the list of parties to be served written notice; requiring such claimants to describe with specificity the location of the known damages from the alleged defective conditions; revising which parts of the property the parties served may inspect; revising the persons to whom the parties served may serve a notice of claim; requiring such claimants who accept an offer to repair an alleged construction defect to provide the offeror reasonable access to the claimant's property during a specified timeframe to perform the repair; providing that such claimants may proceed with an action against an offeror without further notice if the payment or repairs do not occur within the agreed-upon timetable; providing exceptions; prohibiting a claimant from proceeding with an action against an offeror if the offeror makes payment or completes the repairs within the agreed-upon timetable in the accepted settlement offer; providing that if such persons served by such claimants obtain the required building permits and certificate of occupancy, and the local government approves the plans, the construction project passes all required inspections under the Florida Building Code; providing applicability; reenacting and amending s. 558.005, F.S.; requiring claimants representing more than 20 parcels and any parties served with a notice of claim alleging a construction defect to agree to preaction mediation in writing; requiring such parties served to deposit sufficient funds in an escrow account to be managed by an escrow agent for a specified purpose; providing when funds may be distributed; requiring such parties to contract with a licensed engineer or construction management firm to certify the status of the completion of each agreed- upon defective condition and damage; providing that any remaining funds in the escrow account be released back to the payor; providing an effective date.

Committee Categories

Robbie Brackett (R)*,  Alex Rizo (R)*, 

Died in Civil Justice & Claims Subcommittee (on 06/16/2025)

Official Document