The statute, if enacted, would require a builder of a newly constructed single family residence, duplex, triplex, quadruplex, or manufactured home to provide a one year warranty on all equipment, materials, or workmanship where a defect in those items results in a material violation of the Florida Building Code.
House Bill 623, if signed by the Governor, would create 553.837, Florida Statutes, and would required the following:
(2) A builder shall warrant a newly constructed home for all construction defects of equipment, material, or workmanship furnished by the builder or any subcontractor or supplier resulting in a material violation of the Florida Building Code pursuant to this part, for a period of 1 year after the date of original conveyance of title to the initial owner or after the date of initial occupancy of the dwelling, whichever occurs first. Defects with respect to appliances or equipment that are covered under a manufacturer warranty do not fall within the scope of the required warranty under this subsection.
The warranty, however, is not required to cover the following:
1. Normal wear and tear of the newly constructed home.
2. Normal house settling within generally acceptable trade practices.
3. Any object or part of a newly constructed home that contains a defect that is caused by any work performed or material supplied incident to construction, modification, or repair performed by the initial purchaser, a subsequent purchaser, or anyone acting on his or her behalf, other than the builder or its employees, agents, or contractors.
4. Any loss or damage to the newly constructed home, whether caused by the initial purchaser, a subsequent purchaser, a third party, or an act of God over which the builder has no control, such as a natural disaster or a fire caused by lightning.
Builders can purchase a warranty from a home warranty association to satisfy the requirements of the statute, and can provide their own, written warranties, so long as the warranty provide the same or more protections as the new statute. Warranties must also survive the transfer of the property from one buyer to another, if that occurs within the first year that the warranty would be applicable. But, nothing in the statute is intended to extend the statute of repose.
If this bill is signed by the governor, it would become effective July 1, 2025.