Florida SB 1592: Assisted Living Facilities

Bill Text

1592 
Causes of Action Based on Improvements to Real Property 
2026-01-09T06:36:46Z 
Revising the time in which an action founded on the design, planning, or construction of an improvement to real property shall be commenced; revising the date on which the statute of limitations period for such action begins; defining the terms “completion of the improvement” and “completion of the contract”, etc. 
Original Filed Version 
2026 
S 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1592 

 By Senator Gruters 

 22-01535A-26 20261592__ 
 1 A bill to be entitled 
 2 An act relating to causes of action based on 
 3 improvements to real property; amending s. 95.11, 
 4 F.S.; revising the time in which an action founded on 
 5 the design, planning, or construction of an 
 6 improvement to real property shall be commenced; 
 7 revising the date on which the statute of limitations 
 8 period for such action begins; revising the latest 
 9 date by which an action shall be commenced; defining 
 10 the terms “completion of the improvement” and 
 11 “completion of the contract”; providing an effective 
 12 date. 
 13 
 14 Be It Enacted by the Legislature of the State of Florida: 
 15 
 16 Section 1. Paragraph (b) of subsection (3) of section 
 17 95.11, Florida Statutes, is amended to read: 
 18 95.11 Limitations other than for the recovery of real 
 19 property.—Actions other than for recovery of real property shall 
 20 be commenced as follows: 
 21 (3) WITHIN FOUR YEARS.— 
 22 (b)1. An action founded on the design, planning, or 
 23 construction of an improvement to real property, with the time 
 24 running from the earliest date of: 
 25 a. Completion of the improvement; 
 26 b. The date of abandonment of construction, if not 
 27 completed; 
 28 c. The date of termination of the contract between the 
 29 architect, landscape architect, interior designer, engineer, 
 30 surveyor and mapper, or licensed contractor and his or her 
 31 employer, but only as to the architect, landscape architect, 
 32 interior designer, engineer, surveyor and mapper, or licensed 
 33 contractor who has abandoned construction or whose contract is 
 34 terminated; or 
 35 d. If sub-subparagraphs a., b., and c. do not apply, 
 36 completion of the contract between the architect, landscape 
 37 architect, interior designer, engineer, surveyor and mapper, or 
 38 licensed contractor and his or her employer. the authority 
 39 having jurisdiction issues a temporary certificate of occupancy, 
 40 a certificate of occupancy, or a certificate of completion, or 
 41 the date of abandonment of construction if not completed, 
 42 whichever date is earliest; except that, 
 43 2. An when the action involving involves a latent defect, 
 44 with the time running runs from the time the defect is 
 45 discovered or should have been discovered with the exercise of 
 46 due diligence. 
 47 3. In any event, the action must be commenced within 7 
 48 years after the earliest date of: 
 49 a. Completion of the improvement; 
 50 b. The date of abandonment of construction, if not 
 51 completed; 
 52 c. The date of termination of the contract between the 
 53 architect, landscape architect, interior designer, engineer, 
 54 surveyor and mapper, or licensed contractor and his or her 
 55 employer, but only as to the architect, landscape architect, 
 56 interior designer, engineer, surveyor and mapper, or licensed 
 57 contractor who has abandoned construction or whose contract is 
 58 terminated; or 
 59 d. If sub-subparagraphs a., b., and c. do not apply, 
 60 completion of the contract between the architect, landscape 
 61 architect, interior designer, engineer, surveyor and mapper, or 
 62 licensed contractor and his or her employer the authority having 
 63 jurisdiction issues a temporary certificate of occupancy, a 
 64 certificate of occupancy, or a certificate of completion, or the 
 65 date of abandonment of construction if not completed, whichever 
 66 date is earliest. 
 67 4. For purposes of this paragraph, “completion of the 
 68 improvement” means the earliest of: 
 69 a. For an improvement in which the authority having 
 70 jurisdiction is required to issue a certificate of occupancy, 
 71 the issuance of a temporary certificate of occupancy or 
 72 certificate of occupancy, whichever date is earlier; 
 73 b. For an improvement that is required to comply with the 
 74 Florida Building Code but does not require the authority having 
 75 jurisdiction to issue a certificate of occupancy, completion of 
 76 all required inspections under the Florida Building Code or 
 77 issuance of a certificate of completion, whichever date is 
 78 earlier; or 
 79 c. For an improvement made pursuant to chapters 334-349, 
 80 final acceptance, as defined in s. 337.185(2)(c). 
 81 5. For purposes of this paragraph, “completion of the 
 82 contract” means the later of the date of final performance of 
 83 all the contracted services or the date that final payment for