Everyone in Florida’s construction industry should be aware of and voice their support for Florida Senate Bill 204 and its counterpart, House Bill 377. These bills would amend Florida Statute §95.11(3)(c), the construction statute of repose, in order to close a recent loophole that has caused the statute, which was intended to be definite but is no longer.

The statute of repose bars unfiled lawsuits pertaining to latent defects in the design, planning or construction of improvements to real property after the passage of 10 years. Patent defects are subject to the four-year statute of limitations, not the statute of repose.