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HB 705 2026
CODING: Words stricken are deletions; words underlined are additions.
hb705-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to causes of action based on 2
improvements to real property; amending s. 95.11, 3
F.S.; revising the time in which an action founded on 4
the design, planning, or construction of an 5
improvement to real property shall be commenced; 6
revising the date on which the statute of limitations 7
period for such action begins; revising the latest 8
date by which an action shall be commenced; defining 9
the terms "completion of the improvement" and 10
"completion of the contract"; providing an effective 11
date. 12
13
Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraph (b) of subsection (3) of section 16
95.11, Florida Statutes, is amended to read: 17
95.11 Limitations other than for the recovery of real 18
property.—Actions other than for recovery of real property shall 19
be commenced as follows: 20
(3) WITHIN FOUR YEARS.— 21
(b)1. An action founded on the design, planning, or 22
construction of an improvement to real property, with the time 23
running from the earliest date of: 24
a. Completion of the improvement; 25
HB 705 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
b. The date of abandonment of construction, if not 26
completed; 27
c. The date of termination of the contract between the 28
architect, landscape architect, interior designer, engineer, 29
surveyor and mapper, or licensed contractor and his or her 30
employer, but only as to the architect, landscape architect, 31
interior designer, engineer, surveyor and mapper, or licensed 32
contractor who has abandoned construction or whose contract is 33
terminated; or 34
d. If sub-subparagraphs a., b., and c. do not apply, 35
completion of the contract between the architect, landscape 36
architect, interior designer, engineer, surveyor and mapper, or 37
licensed contractor and his or her employer. the authority 38
having jurisdiction issues a temporary certificate of occupancy, 39
a certificate of occupancy, or a certificate of completion, or 40
the date of abandonment of construction if not completed, 41
whichever date is earliest; except that, 42
2. An when the action involving involves a latent defect, 43
with the time running runs from the time the defect is 44
discovered or should have been discovered with the exercise of 45
due diligence. 46
3. In any event, the action must be commenced within 7 47
years after the earliest date of: 48
a. Completion of the improvement; 49
b. The date of abandonment of construction, if not 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
completed; 51
c. The date of termination of the contract between the 52
architect, landscape architect, interior designer, engineer, 53
surveyor and mapper, or licensed contractor and his or her 54
employer, but only as to the architect, landscape architect, 55
interior designer, engineer, surveyor or mapper, or licensed 56
contractor who has abandoned construction or whose contract is 57
terminated; or 58
d. If sub-subparagraphs a., b., and c. do not apply, 59
completion of the contract between the architect, landscape 60
architect, interior designer, engineer, surveyor and mapper, or 61
licensed contractor and his or her employer the authority having 62
jurisdiction issues a temporary certificate of occupancy, a 63
certificate of occupancy, or a certificate of completion, or the 64
date of abandonment of construction if not completed, whichever 65
date is earliest. 66
4. For purposes of this paragraph, "completion of the 67
improvement" means the earliest of: 68
a. For an improvement in which the authority having 69
jurisdiction is required to issue a certificate of occupancy, 70
the issuance of a temporary certificate of occupancy or 71
certificate of occupancy, whichever date is earlier; 72
b. For an improvement that is required to comply with the 73
Florida Building Code but does not require the authority having 74
jurisdiction to issue a certificate of occupancy, completion of 75
HB 705 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
all required inspections under the Florida Building Code or 76
issuance of a certificate of completion, whichever date is 77
earlier; or 78
c. For an improvement made pursuant to chapters 334-349, 79
final acceptance, as defined in s. 337.185(2)(c). 80
5. For purposes of this paragraph, "completion of the 81
contract" means the later of the date of final performance of 82
all the contracted services or the date that final payment for 83
such services becomes due without regard to the date final 84
payment is made. 85
6. However, counterclaims, cross-claims, and third-party 86
claims that arise out of the conduct, transaction, or occurrence 87
set out or attempted to be set out in a pleading may be 88
commenced up to 1 year after the pleading to which such claims 89
relate is served, even if such claims would otherwise be time 90
barred. With respect to actions founded on the design, planning, 91
or construction of an improvement to real property, if such 92
construction is performed pursuant to a duly issued building 93
permit and if the authority having jurisdiction has issued a 94
temporary certificate of occupancy, a certificate of occupancy, 95
or a certificate of completion, then as to the construction 96
which is within the scope of such building permit and 97
certificate, the correction of defects to completed work or 98
repair of completed work, whether performed under warranty or 99
otherwise, does not extend the period of time within which an 100
HB 705 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
action must be commenced. If a newly constructed single-dwelling 101
residential building is used as a model home, the time begins to 102
run from the date that a deed is recorded first transferring 103
title to another party. Notwithstanding any provision of this 104
section to the contrary, if the improvement to real property 105
consists of the design, planning, or construction of multiple 106
buildings, each building must be considered its own improvement 107
for purposes of determining the limitations period set forth in 108
this paragraph. 109
Section 2. This act shall take effect upon becoming a law. 110