Proposed Statute Would Require Building Code Violations to be "Material" to Trigger Liability

While Florida law creates liability for a person who damages or injures another as a result of a violation of the Florida Building Code, a proposed statute would require building code violations to be “material” before liability could be imposed under the statute.

House Bill 85 proposes making the following changes (underlined) to 553.84, Florida Statutes, including adding a specific definition for “material violations” of Florida’s Building Code:

Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a material violation of this part or the Florida Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the material violation; however, if the person or party obtains the required building permits and any local government or public agency with authority to enforce the Florida Building Code approves the plans, if the construction project passes all required inspections under the code, and if there is no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections, this section does not apply unless the person or party knew or should have known that the material violation existed. For purposes of this section, the term "material violation" means a Florida Building Code violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.

The proposed statute would take effect upon enactment. You can click here to view the full version of House Bill 85.