United States · Florida limitation periods
How does Florida’s seven-year construction repose apply to this improvement?
Section 95.11(3)(b) imposes a seven-year construction outer boundary from the earliest specified certificate or unfinished-construction abandonment event. Model-home and multiple-building treatment, qualifying related claims and the 2023 transition remain material. The separate four-year limitation can expire earlier. This guide computes no repose date.
- Period
- Seven-year outer boundary compared with the shorter applicable limitation and stated statutory exceptions
- Trigger
- The earliest statutory certificate or abandonment, applicable model-home deed, individual building and related pleading service
- 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
A seven-year completion preset omits the statutory earliest-event comparison, model-home and building branches, related claims and transition. It can also conceal an earlier limitation. No computed or paid date is released.
2026 Florida Statutes section 95.11(3)(b)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which actual event starts this Florida limitation or repose period?
Identify the actual improvement or individual building and all qualifying authority certificates or abandonment.
Compare the ordinary or latent-discovery four-year limitation with the separate seven-year outer boundary.
Preserve related pleading service, model-home deed and actual commencement history for the statutory exceptions and transition.
2026 Florida Statutes section 95.11(3)(b)How does Florida treat this limitation or repose?
- Identify the actual improvement or individual building and all qualifying authority certificates or abandonment.
- 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?
A seven-year completion preset omits the statutory earliest-event comparison, model-home and building branches, related claims and transition. It can also conceal an earlier limitation. No computed or paid date is released.
Which Florida limitation or repose qualifications change the procedure?
- The outer boundary has its own specified trigger
- Seven years runs from the earliest temporary occupancy, occupancy or completion certificate, or abandonment of unfinished construction, subject to the paragraph’s special treatment. It is not seven years from later discovery or a later warranty visit. Preserve the actual authority documents and abandonment evidence.
- The shorter limitation can expire first
- The same paragraph states the shorter ordinary four-year limitation and latent-discovery branch. Meeting a nominal seven-year outer boundary does not establish that the limitation remains open. Compare the legally applicable event and each independent endpoint. A single generous period is not the complete analysis.
- Related claims have an express pleading-service branch
- Qualifying counterclaims, cross-claims and third-party claims arising from the pleaded conduct, transaction or occurrence may begin within one year after actual service of the related pleading, even if otherwise time barred. Preserve the actual pleading, relationship and prescribed service, rather than relying on a project’s age alone.
- Model-home and multiple-building facts remain material
- The paragraph uses the first recorded title-transfer deed for its stated newly constructed single-dwelling model home. Each building in a multiple-building improvement receives its own limitation analysis. The correction or repair of specified permitted and certified work does not extend commencement time.
- The seven-year amendment has a historical transition
- Chapter 2023-22 took effect April 13, 2023. Its section 3 applies to actions commenced from that date regardless of accrual, with the stated July 1, 2024 transition for actions previously unbarred. Do not apply a new seven-year boundary to historical filing facts without reviewing that exact transition.
- 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
How does Florida’s seven-year construction repose apply to this improvement?
Is seven years measured from latent discovery?
The repose sentence uses its stated certificate or abandonment event. Latent discovery supplies a separate limitation comparison.
2026 Florida Statutes section 95.11(3)(b)Can a qualifying related claim use a different statutory branch?
The paragraph expressly preserves its one-year period after service of the related pleading for the stated related claims.
2026 Florida Statutes section 95.11(3)(b)Did the 2023 construction change apply only to newly accrued claims?
Chapter 2023-22 section 3 uses action commencement and its specific transition. It is distinct from the negligence accrual transition.
Chapter 2023-22 section 3Official 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 outer boundary has its own specified trigger |
| 2026 Florida Statutes section 95.11(3)(b) | The shorter limitation can expire first |
| 2026 Florida Statutes section 95.11(3)(b) | Related claims have an express pleading-service branch |
| 2026 Florida Statutes section 95.11(3)(b) | Model-home and multiple-building facts remain material |
| Chapter 2023-22 sections 3 and 4 | The seven-year amendment has a historical transition |
| 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 |