April 04, 2020
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Amendment CaShTmL-192948.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for SB 3046
    Amendment No. ___   Barcode 192948
                            CHAMBER ACTION
              Senate                               House
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       04/26/2004 05:37 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 2, line 1, through page 5, line 3, delete those
15  lines
16  
17  and insert:  
18         Section 1.  Section 558.001, Florida Statutes, is
19  amended to read:
20         558.001  Legislative findings and declaration.--The
21  Legislature finds that it is beneficial to have an alternative
22  method to resolve construction disputes that would reduce the
23  need for litigation as well as protect the rights of
24  homeowners. An effective alternative dispute resolution
25  mechanism in certain construction defect matters should
26  involve the claimant filing a notice of claim with the
27  contractor, subcontractor, supplier, or design professional
28  that the claimant asserts is responsible for the defect, and
29  should provide the contractor, subcontractor, supplier, or
30  design professional with an opportunity to resolve the claim
31  without resort to further legal process.
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    7:29 AM   04/24/04                              s3046c1c-21t7j

SENATE AMENDMENT Bill No. CS for SB 3046 Amendment No. ___ Barcode 192948 1 Section 2. Section 558.002, Florida Statutes, is 2 amended to read: 3 558.002 Definitions.--As used in this chapter act, the 4 term: 5 (1) "Action" means any civil action or arbitration 6 proceeding for damages or indemnity asserting a claim for 7 damage to or loss of a dwelling or personal property caused by 8 an alleged construction defect, but does not include any 9 administrative or civil action or arbitration proceeding 10 asserting a claim for alleged personal injuries arising out of 11 an alleged construction defect. 12 (2) "Association" has the same meaning as in s. 13 718.103(2), s. 719.103(2), s. 720.301(7), or s. 723.025. 14 (3) "Claimant" means a homeowner, including a 15 subsequent purchaser, tenant, or association, who asserts a 16 claim for damages against a contractor, subcontractor, 17 supplier, or design professional concerning a construction 18 defect or a subsequent owner who asserts a claim for 19 indemnification for such damages. The term does not include a 20 contractor, subcontractor, supplier, or design professional. 21 (4) "Construction defect" means a deficiency in, or a 22 deficiency arising out of, the design, specifications, 23 surveying, planning, supervision, observation of construction, 24 or construction, repair, alteration, or remodeling of a 25 dwelling, any appurtenance to the dwelling, or the real 26 property to which the dwelling or appurtenance is affixed 27 resulting from: 28 (a) Defective material, products, or components used 29 in the construction or remodeling; 30 (b) A violation of the applicable codes in effect at 31 the time of construction or remodeling which gives rise to a 2 7:29 AM 04/24/04 s3046c1c-21t7j
SENATE AMENDMENT Bill No. CS for SB 3046 Amendment No. ___ Barcode 192948 1 cause of action pursuant to s. 553.84; 2 (c) A failure of the design of a dwelling to meet the 3 applicable professional standards of care at the time of 4 governmental approval; or 5 (d) A failure to construct or remodel a dwelling in 6 accordance with accepted trade standards for good and 7 workmanlike construction at the time of construction. 8 (5) "Contractor" means any person, as defined in s. 9 1.01, firm, partnership, corporation, association, or other 10 organization that is legally engaged in the business of 11 designing, developing, constructing, manufacturing, repairing, 12 selling, or remodeling dwellings or attachments thereto. 13 (6) "Design professional" means a person, as defined 14 in s. 1.01, licensed in this state as an architect, interior 15 designer, landscape architect, engineer, or surveyor. 16 (7) "Dwelling" means a single-family house, 17 manufactured or modular home, duplex, triplex, quadruplex, or 18 other multifamily unit in a multifamily residential building 19 designed for residential use in which title to each individual 20 unit is transferred to the owner under a condominium or 21 cooperative system and includes common areas and improvements 22 that are owned or maintained by an association or by members 23 of an association, and also includes the systems, other 24 components, and improvements, and other structures or 25 facilities, including, but not limited to, recreational 26 structures or facilities, that are appurtenant to and located 27 on the real property on which the house, duplex, triplex, 28 quadruplex, or other multifamily unit is located, but are not 29 necessarily part of the structure at the time of completion of 30 construction. 31 (8) "Service" means personal service or delivery by 3 7:29 AM 04/24/04 s3046c1c-21t7j
SENATE AMENDMENT Bill No. CS for SB 3046 Amendment No. ___ Barcode 192948 1 certified mail, return receipt requested, to the last known 2 address of the addressee. 3 (9) "Subcontractor" means a person, as defined in s. 4 1.01, who is a contractor who performs labor and supplies 5 material work on behalf of another contractor in the 6 construction or remodeling of a dwelling. 7 (10) "Supplier" means a person, as defined in s. 1.01, 8 who provides only materials, equipment, or other supplies for 9 the construction or remodeling of a dwelling. 10 Section 3. Section 558.003, Florida Statutes, is 11 amended to read: 12 558.003 Action; compliance abatement.--If A claimant 13 may not file files an action subject to this chapter without 14 first complying with the requirements of this chapter. If a 15 claimant files an action alleging a construction defect 16 without first complying with the requirements of this chapter 17 act, on timely motion by a party to the action the court shall 18 abate the action, without prejudice, and the action may not 19 proceed until the claimant has complied with such 20 requirements. 21 22 23 ================ T I T L E A M E N D M E N T =============== 24 And the title is amended as follows: 25 On page 1, lines 3 through 10, delete those lines 26 27 and insert: 28 amending s. 558.001, F.S.; revising legislative 29 findings and declarations; amending s. 558.002, 30 F.S.; revising definitions; amending s. 31 558.003, F.S.; providing requirements for 4 7:29 AM 04/24/04 s3046c1c-21t7j
SENATE AMENDMENT Bill No. CS for SB 3046 Amendment No. ___ Barcode 192948 1 filing actions alleging construction defects; 2 requiring abatement, upon timely motion, of 3 certain actions filed that do not comply with 4 certain requirements; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 7:29 AM 04/24/04 s3046c1c-21t7j
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