LEGISLATIVE SESSION 2025

ANALYSIS OF BILL SB 586

+ HB 6005 (House Companion Bill)

Actions by Condominium Associations

GENERAL BILL by Senator Thomas Leek

Companion Bill HB 6005 Filed by State Representative John Snyder

Last Action:   2/10/2025 filed in Senate

These bills seek removal of “and statute of  repose” language contained in Florida Statute § 718.124.    We should support these bills.

Removal of the language  allows condominium projects to  be governed by the statute of limitations provisions  in Florida Statute §718.124, rather than Florida Statute § 95.11(3)(c).

There is a difference  between the statute of limitations and the statute of repose.   

The statute of limitations has a four-year time period limitation to commence actions for latent defects and for actions other than real  property.   The running of the statute of limitations can be tolled if there are hidden defects, so that the four-year time period would not begin to run until the defect is discovered—or reasonably should have discovered.   

 In 2023, Governor DeSantis signed law SB 360, which shortened the statute of repose from 10 years to 7 years to limit the ability to commence design and construction defect actions.     However, a statute of repose cannot be tolled and  is an absolute bar on claims without regard as to when a defect was or should have been discovered.

The problem is that structural defects are often not visible and may be discovered several years after construction.    At that time, the statute of repose may have run and a claim would be barred, which would not  benefit an owner, but will instead benefit the builder or developer.
 

EFFECTIVE JULY 1, 2025