United States · Florida limitation periods
Which Florida construction-defect limitation event starts the four-year period?
Section 95.11(3)(b) ordinarily uses four years from the earliest specified certificate or unfinished-construction abandonment. Latent defects use actual or due-diligence discovery. Seven-year repose, model homes, multiple buildings and related claims require separate comparison. The 2023 transition also matters. This guide computes no filing date.
- Period
- Four-year applicable limitation compared with seven-year repose and the stated related-claim and special-trigger branches
- Trigger
- The earliest statutory certificate or abandonment event, actual latent discovery, model-home deed and building-specific history
- Rule
- 2026 Florida Statutes section 95.11(3)(b)
2026 Florida Statutes and reviewed 2023 transition laws, with current civil and general practice compilations
Source guide · No automated date
Establish the complete Florida limitation or repose procedure
One generic completion date cannot select the earliest certificate, latent discovery, model-home event, separate building or related-claim branch. It also omits repose and transition. No computed or paid date is released.
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Which actual event starts this Florida limitation or repose period?
Collect the authority’s actual temporary occupancy, occupancy and completion certificates, plus unfinished-construction abandonment evidence.
Determine whether the defect is latent and establish actual or due-diligence discovery.
Identify model-home transfer, each individual building, related pleading service and the governing historical transition.
2026 Florida Statutes section 95.11(3)(b)How does Florida treat this limitation or repose?
- Collect the authority’s actual temporary occupancy, occupancy and completion certificates, plus unfinished-construction abandonment evidence.
- Establish each statutory clock, actual event, discovery and applicable exceptions. Compare the competing endpoints. This guide computes no date.
- Preserve each trigger, legally available tolling interval, applicable clerk calendar and actual filing receipt.
- Complete the required act with the proper court or recipient.
A period stated in years requires its corresponding calendar endpoint under the governing authority. A repose boundary can differ from a discovery-based limitation. Establish the applicable final-day rule, actual clerk calendar and any permitted tolling or extension. Rule 2.514 does not itself prove that a statutory repose has been extended. These conditional guides issue no calendar date.
2026 Florida Statutes section 95.031Why does this procedure need a separate comparison?
One generic completion date cannot select the earliest certificate, latent discovery, model-home event, separate building or related-claim branch. It also omits repose and transition. No computed or paid date is released.
Which Florida limitation or repose qualifications change the procedure?
- The ordinary trigger selects the earliest stated event
- The statute compares temporary certificate of occupancy, certificate of occupancy, certificate of completion and abandonment of unfinished construction. It uses the earliest qualifying date. Ordinary final payment, owner possession or contract termination is not silently substituted for those current statutory events.
- Latent discovery does not eliminate the outer comparison
- A latent defect uses actual or due-diligence discovery for its limitation. The statute separately imposes seven-year repose from its stated event. For permitted and certified work within the specified scope, correcting or repairing completed work does not extend commencement time, whether performed under warranty or otherwise.
- Model homes and separate buildings use specific treatment
- A newly constructed single-dwelling residential model home uses the first recorded deed transferring title to another party. A multiple-building improvement treats each building as its own improvement. Preserve the actual deed and individual certificate history instead of applying one development-wide date.
- Related claims use actual pleading service
- The paragraph permits qualifying counterclaims, cross-claims and third-party claims arising from the pleaded conduct, transaction or occurrence up to one year after service of the related pleading, even if otherwise barred. Merely belonging to the same project does not establish that branch.
- The 2023 transition differs from general negligence
- Chapter 2023-22 applies its amendments to actions commenced on or after April 13, 2023, regardless of accrual, with its July 1, 2024 transition protection for the stated previously unbarred actions. Chapter 2023-15 separately renumbered the construction paragraph. Review the actual filing history and operative text.
- Tolling requires an actual statutory ground
- Section 95.051 limits limitation tolling to its stated grounds and referenced laws. Absence, false name and concealment do not toll when sufficient jurisdictional service remains available. Incapacity and minority carry specific conditions and outer limits. Negotiation or a demand letter alone does not establish tolling. Repose requires its own governing treatment.
- An out-of-state cause can already be barred
- Section 95.10 prevents maintaining an action in Florida when the cause arose elsewhere and that jurisdiction bars it through lapse of time. Establish where the actual cause arose and its governing law. A Florida period does not automatically revive the foreign-barred cause.
- This guide does not decide legal accrual, due diligence, a statutory exception, an expired claim, valid filing or successful enforcement.
- Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.
What must be filed, served and preserved?
Questions about this Florida limitation or repose act
Which Florida construction-defect limitation event starts the four-year period?
Does warranty repair restart the four-year period?
The paragraph says the specified correction or repair of permitted and certified completed work does not extend commencement time.
2026 Florida Statutes section 95.11(3)(b)Does every building share the first development certificate?
The statute treats each building as its own improvement in a multiple-building project. Preserve each building’s actual events.
2026 Florida Statutes section 95.11(3)(b)Does a latent defect remove seven-year repose automatically?
The paragraph states the latent-discovery limitation and a separate outer boundary. Compare both and the actual applicable exceptions.
2026 Florida Statutes section 95.11(3)(b)Official Florida limitation or repose sources and review
Provisions used (15)
| Provision | Purpose |
|---|---|
| 2026 Florida Statutes section 95.11(3)(b) | The responsible actor, actual event and stated procedural period |
| 2026 Florida Statutes section 95.11(3)(b) | The ordinary trigger selects the earliest stated event |
| 2026 Florida Statutes section 95.11(3)(b) | Latent discovery does not eliminate the outer comparison |
| 2026 Florida Statutes section 95.11(3)(b) | Model homes and separate buildings use specific treatment |
| 2026 Florida Statutes section 95.11(3)(b) | Related claims use actual pleading service |
| Chapter 2023-22 sections 3 and 4 | The 2023 transition differs from general negligence |
| 2026 Florida Statutes section 95.051(1),(2) | Tolling requires an actual statutory ground |
| 2026 Florida Statutes section 95.10 | An out-of-state cause can already be barred |
| 2026 Florida Statutes section 95.11 | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.031(1) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.051(1),(2) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 95.10 | Applicable computation, filing, service and proof |
| Florida Rule of Civil Procedure 1.050 | Applicable computation, filing, service and proof |
| Florida Rule of General Practice and Judicial Administration 2.525(b),(e) | Applicable computation, filing, service and proof |
| 2026 Florida Statutes section 110.117(1) | Observed statutory holidays and weekend substitutions |