SB 360 Brings Major Changes to Florida Construction Law

Senate Bill 360 was signed into law on Friday, April 14th, 2023 in the state of Florida. This new law brings many changes to the residential construction industry.

Let's break it down.

• The Statute of Repose for latent defects is now 7 years vs. 10 years.
• SB 360 aligns trade workers' and architects' obligations with the same timeline as the home builder, holding all parties accountable near the end of the statue of repose.
• A building code violation must have a material impact for a homeowner to take action against the builder for a building code violation.

SB 360 provides clarity where old laws left room for question.

• SB 360 clearly states that the new statute of repose begins upon completion, including the earlier of issuance of a temporary certificate of occupancy or certificate of completion.
• SB 360 clearly states the statue periods begin on the date the title is transferred to the first purchaser.
• SB 360 clearly states that statute periods are separate for each building in a project and begin at the earlier of issuance of a temporary certificate of occupancy or certificate of completion for each building.

SB 360 went into effect immediately after the Governor signed the bill, meaning the statute of repose for latent defects for all homeowners has been reduced to seven years.

Please Note: There is an exception for claims that would have been timely under the pre-existing law. Those claims can be made through July 1, 2024.

Questions? Our team is here to help! Contact one of our Florida advisors today.

Doug Wenzel | 866-440-7271 | dwenzel@maverickbuilders.com

Miriam Rodriguez Alvarez | 305.333.5683 | malvarez@maverickbuilders.com

Josh Arrowood | 865-389-7377 | jarrowood@maverickbuilders.com