On April 13, Gov. Ron DeSantis signed Senate Bill No. 360 (the Act), an act that affords greater protection from suits to members of Florida’s construction industry. The act amends Section 95.11, Florida Statutes, shortening the time that lawsuits based upon design, planning, or construction involving real property must be commenced, and altering the date that the statute of limitations period begins to run. Additionally, the act amends Section 553.84, Florida Statutes, imposing a materiality threshold for private causes of action based upon violations of Florida’s Building Code.

Lawsuits must be commenced within time limits established by law. Statutes of limitation establish periods that usually start from the date a claim “accrues,” such as the occurrence of the last event creating the cause of action, or when the injured party should have discovered a claim. Unlike statutes of limitations, statutes of repose, which are usually longer, typically run from the date of a definitive act without consideration of when the cause of action accrued.