Florida SB 360 (Ch. 2023-22): Construction Statute of Repose Cut From 10 to 7 Years

Quick Answer

CS/SB 360 (chapter 2023-22, Laws of Florida) shortened Florida's outside deadline for suing over the design, planning or construction of an improvement to real property from 10 years to 7 years, and changed which events start the clock. It took effect when the Governor signed it on April 13, 2023. It is a construction-claims law, not an association law, but it matters to any condominium or HOA that may bring a defect claim over common elements.

The one thing boards most need to know: for claims that would not have been barred before the act, the enrolled bill set a transition deadline of July 1, 2024. That date has passed, so check current section 95.11(3)(b) and talk with counsel before assuming any defect claim is still open.

At a Glance

What the Law Says

1. The limitations period and the repose period

Section 95.11(3) sets a four-year period for "an action founded on the design, planning, or construction of an improvement to real property." The current text starts that clock "from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest." For a latent defect, "the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence."

The statute then sets an outside limit: "In any event, the action must be commenced within 7 years after" the same triggering events, "whichever date is earliest." Lawyers call this a statute of repose. The enrolled bill's markup shows the number 7 replacing 10.

Our reading: the plain-text copy of the enrolled bill flattens its strike-through markup, and it shows both the old and new wording together. The current 2026 text, which we also read, no longer lists the owner's date of actual possession or the contract completion date as starting points. Confirm the comparison with counsel if timing matters.

2. Multiple buildings

The current text adds: "if the improvement to real property consists of the design, planning, or construction of multiple buildings, each building must be considered its own improvement for purposes of determining the limitations period."

3. Other rules left in place

• Counterclaims, cross-claims and third-party claims may be commenced up to one year after the pleading to which they relate is served, even if otherwise time barred.
• If the work was done under a building permit and a certificate was issued, correcting or repairing completed work "whether performed under warranty or otherwise, does not extend the period of time within which an action must be commenced."
• If a newly constructed single-dwelling residential building is used as a model home, the time begins when a deed is recorded first transferring title to another party.

4. Building code civil action (section 553.84)

The act amended 553.84, the statutory civil action for building code violations. It defines "material violation" as "a Florida Building Code violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems." We did not read the current 2026 text of 553.84.

5. Applicability and transition (section 3)

The amended 95.11(3) applies "to any action commenced on or after the effective date of this act, regardless of when the cause of action accrued, except that any action that would not have been barred" under the prior wording "must be commenced on or before July 1, 2024. If the action is not commenced by July 1, 2024, and is barred by the amendments," then "the action is barred."

What This Means in Practice

For condominium and HOA boards

• This act is about suits against builders, designers and contractors. An association's own authority under Chapters 718 and 720 is unchanged.
• Our reading: for a community built recently, the clock may be running from a certificate of occupancy or completion, not from the date of turnover or the date the board first learned of a problem. A defect that is discovered late is still subject to the outside limit.
• With multiple buildings, the statute treats each building as its own improvement, so one building's clock may differ from another's.
• Because the July 1, 2024 transition date has passed, older claims were either filed by then or are governed by the amended deadline.

For owners

• The statute is not limited to associations, so an individual owner with a defect claim faces the same timing rules. It says nothing about a later buyer getting extra time. Our reading.

What the law does not say

• It does not mention associations, turnover or Chapter 558 pre-suit notice.
• It does not say how the pre-suit notice process in Chapter 558 affects the deadline. Open question for counsel. See our Chapter 558 page.
• It does not define "authority having jurisdiction." That phrase is in the current text.

Later amendments

The History line for section 95.11 shows later acts after chapter 2023-22: chapters 2023-86, 2024-183, 2025-81 and 2025-153. We did not read those acts, so this page does not describe what they changed. The quoted current text above is from the 2026 statutes.

Timeline

Related Florida Law

• Construction defects (Chapter 558)
• Developer turnover (718.301)
• Condominium Act (Chapter 718)
• SB 154 (2023) condominium and cooperative bill
• Homeowners' Association Act (Chapter 720)

Board Checklist

• List the certificate of occupancy, certificate of completion or similar dates for each building in the community.
• Calendar the 4-year and 7-year marks from those dates, and confirm the triggering date with counsel.
• If a defect claim is under review, ask counsel whether the 7-year outside limit has run for each building.
• Keep a record of when each defect was first discovered or should have been discovered.
• Do not assume repairs or warranty work extend the deadline; the statute says correction of defects does not extend it where permit and certificate conditions are met.
• Review developer turnover documents for permit and certificate records.
• Ask counsel how Chapter 558 notice steps fit with the deadlines before any pre-suit notice is sent.

Frequently Asked Questions

What did SB 360 change?

It changed section 95.11(3) to shorten the outside deadline for actions founded on design, planning or construction of an improvement to real property from 10 years to 7 years, revised the events that start the clock, treated each building in a multi-building project as its own improvement, and added a definition of "material violation" to section 553.84.

When did it take effect?

Upon becoming a law, which the Senate bill page lists as April 13, 2023.

Does SB 360 amend the condominium or HOA chapters?

No. Its citation table lists only sections 95.11 and 553.84.

What happens to claims that arose before the act?

Section 3 applies the amended deadline to actions started after the effective date, but gives actions that would not have been barred before a deadline of July 1, 2024. If not commenced by then and barred by the amendments, they are barred.

Does a hidden defect get more time?

For a latent defect the four-year period runs from discovery, but the statute states "in any event" the action must be commenced within 7 years of the triggering date.

Is section 95.11(3)(c) still the right cite?

Not in the 2026 statutes. The construction paragraph is now (3)(b). Cite the current edition.

Where This Comes From

We read the enrolled text of CS/SB 360 (1st Engrossed), the Florida Senate bill page with its history, votes and citations, and the 2026 text and History line of section 95.11 on Online Sunshine. The official bill page is flsenate.gov/Session/Bill/2023/360. We did not read the Senate or House analyses, the current text of 553.84, or the later acts listed in the 95.11 History line.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Florida attorney before acting.