Florida Statute 553.84 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 553
BUILDING CONSTRUCTION STANDARDS

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F.S. 553.84

553.84 Statutory civil action.—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.

History.—s. 15, ch. 74-167; s. 88, ch. 2000-141; ss. 28, 34, ch. 2001-186; s. 3, ch. 2001-372; s. 2, ch. 2023-22.

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Amendments to 553.84

Annotations, Discussions, Cases:

Cases Citing Statute 553.84

Total Results: 44

Murthy v. Sinha Corp.

644 So. 2d 983

Supreme Court of Florida | Filed: Sep 8, 1994 | Docket: 2515696

Cited 55 times | Published

(1991). [2] § 713.31, Fla. Stat. (1991). [3] § 553.84, Fla. Stat. (1991). [4] Specifically, the owners

Invo Florida, Inc. v. Somerset Venturer, Inc.

751 So. 2d 1263, 2000 Fla. App. LEXIS 2752, 2000 WL 276350

District Court of Appeal of Florida | Filed: Mar 15, 2000 | Docket: 1310149

Cited 25 times | Published

of action under the Southern Building Code, section 553.84, Florida Statutes (1995), the Florida Supreme

Comptech Intern., Inc. v. Milam Commerce Park, Ltd.

753 So. 2d 1219, 1999 WL 983857

Supreme Court of Florida | Filed: Oct 28, 1999 | Docket: 2354542

Cited 24 times | Published

of action under the Southern Building Code, section 553.84, Florida Statutes (1995), and because the computers

New Lenox Industries, Inc. v. Fenton

510 F. Supp. 2d 893, 2007 U.S. Dist. LEXIS 32659, 2007 WL 1303035

District Court, M.D. Florida | Filed: May 3, 2007 | Docket: 2452472

Cited 22 times | Published

loss rule does not limit claims under Fla. Stat. § 553.84). [71] Fla. Stat. § 812.081. [72] Fla. Stat

Home Owners Warranty v. Hanover Ins.

683 So. 2d 527, 1996 WL 496545

District Court of Appeal of Florida | Filed: Dec 11, 1996 | Docket: 2518230

Cited 16 times | Published

implied warranty, negligence, violation of section 553.84, Florida Statutes, and strict liability. Each

Edward J. Seibert, AIA, Architect and Planner, PA v. BAYPORT B. & T. CLUB ASS'N, INC.

573 So. 2d 889, 1990 Fla. App. LEXIS 9421, 1990 WL 202679

District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 478815

Cited 15 times | Published

committed professional negligence or because of section 553.84, Florida Statutes (1979), which provides a

Continuum Condominium Ass'n v. Continuum VI, Inc.

549 So. 2d 1125, 14 Fla. L. Weekly 2373, 1989 Fla. App. LEXIS 5635, 1989 WL 118920

District Court of Appeal of Florida | Filed: Oct 10, 1989 | Docket: 1374227

Cited 12 times | Published

violation of the Florida Building Codes Act, Section 553.84, Florida Statutes (1987), and sought to recover

Hofrichter v. Zuckerman & Venditti

710 So. 2d 127, 1998 WL 171315

District Court of Appeal of Florida | Filed: Apr 15, 1998 | Docket: 1444431

Cited 11 times | Published

loss rule to preclude cause of action under section 553.84, Florida Statutes).

Rosenberg v. Cape Coral Plumbing, Inc.

920 So. 2d 61, 2005 WL 3536123

District Court of Appeal of Florida | Filed: Dec 28, 2005 | Docket: 1730780

Cited 10 times | Published

that Monopoly is entitled to damages under section 553.84. In its first opinion letter, the trial court

Pacheco v. Power & Light Co.

784 So. 2d 1159, 2001 WL 246068

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 1744077

Cited 8 times | Published

we first reject the plaintiffs claim that section 553.84, Florida Statutes (1997), which creates a cause

Nunez v. Westfield Homes of Florida, Inc.

925 So. 2d 1108, 2006 WL 1118135

District Court of Appeal of Florida | Filed: Apr 5, 2006 | Docket: 1516934

Cited 4 times | Published

damages for breach of contract and relief under section 553.84, Florida Statutes (2000).[2] Westfield moved

Pulte Home Corp. v. Smith

823 So. 2d 305, 2002 WL 1969281

District Court of Appeal of Florida | Filed: Aug 14, 2002 | Docket: 458626

Cited 4 times | Published

related damages. This suit is authorized under § 553.84, Fla. Stat. [4] Regarding issues common to the

COMPTECH INTERN. v. Milam Commerce Park

711 So. 2d 1255, 1998 WL 251087

District Court of Appeal of Florida | Filed: May 20, 1998 | Docket: 1337492

Cited 4 times | Published

could be characterized as statutory torts." Section 553.84 is a statutory tort. Thus the ELR applies if

Stallings v. Kennedy Elec., Inc.

710 So. 2d 195, 1998 Fla. App. LEXIS 4807, 1998 WL 210296

District Court of Appeal of Florida | Filed: May 1, 1998 | Docket: 1444432

Cited 4 times | Published

statutory claim under section 553.84, Florida Statutes (1995). Section 553.84 provides a cause of action

Stone's Throw Condo. Ass'n v. SAND COVE

749 So. 2d 520, 1999 WL 1203829

District Court of Appeal of Florida | Filed: Dec 17, 1999 | Docket: 1291908

Cited 3 times | Published

however, for purposes of this appeal, are: (1) a section 553.84, Florida Statutes (1995), claim that the architectural

BRICKELL BISCAYNE v. Morse/Diesel, Inc.

683 So. 2d 168, 1996 WL 637300

District Court of Appeal of Florida | Filed: Nov 6, 1996 | Docket: 466077

Cited 3 times | Published

against both appellees for negligence and under section 553.84, Florida Statutes (1986). The disposition of

Pulte Home Corp. v. Bay at Cypress Creek Homeowners' Ass'n

118 So. 3d 957, 2013 WL 4033989, 2013 Fla. App. LEXIS 12484

District Court of Appeal of Florida | Filed: Aug 9, 2013 | Docket: 60233496

Cited 2 times | Published

for alleged building code violations under section 553.84, Florida Statutes (2011).1 We reverse the order

Seawatch at Marathon Condo. Ass'n v. CHARLEY TOPPINO AND SONS, INC.

610 So. 2d 470, 1992 WL 318499

District Court of Appeal of Florida | Filed: Nov 3, 1992 | Docket: 1734786

Cited 2 times | Published

and violation of the Florida Building Code, section 553.84, Florida Statutes (1991). After the trial court

Mid-Continent Cas. Co. v. Plastering

341 F. Supp. 3d 1289

District Court, M.D. Florida | Filed: Sep 24, 2018 | Docket: 64321234

Cited 1 times | Published

the Florida Building Code under Florida Statute § 553.84. (Doc. 61-1 at 1-14). Mid-Continent is currently

General Dynamics Corp. v. Brottem

53 So. 3d 334, 31 I.E.R. Cas. (BNA) 1225, 2010 Fla. App. LEXIS 20129, 2010 WL 5391519

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60298075

Cited 1 times | Published

Third District considered an argument that section 553.84, Florida Statutes, expressly allowed anyone

McGuire v. Ryland Group, Inc.

497 F. Supp. 2d 1347, 2007 U.S. Dist. LEXIS 46693, 2007 WL 1790706

District Court, M.D. Florida | Filed: Jun 20, 2007 | Docket: 1237166

Cited 1 times | Published

implied warranty, (3) violation of Florida Statute § 553.84, and (4) violation of Florida's unfair & deceptive

Indemnity Insurance Co. of North America v. American Aviation, Inc.

344 F.3d 1136, 2003 WL 22053825

Court of Appeals for the Eleventh Circuit | Filed: Sep 4, 2003 | Docket: 65655766

Cited 1 times | Published

(2) negligent construction; (3) violation of section 553.84; and (4) return of illegally collected rent

Indemnity Insurance Company v. American Aviation

399 F.3d 1275

Court of Appeals for the Eleventh Circuit | Filed: Sep 3, 2003 | Docket: 397789

Cited 1 times | Published

(2) negligent construction; (3) violation of section 553.84; and (4) return of illegally collected rent

John Hancock-Gannon Joint Venture II v. McNully

800 So. 2d 294, 2001 Fla. App. LEXIS 15261, 2001 WL 1334742

District Court of Appeal of Florida | Filed: Oct 31, 2001 | Docket: 64810309

Cited 1 times | Published

unenforceable in law or in equity. Additionally, section 553.84, Florida Statutes (1992), provides the owner

Sierra v. Allied Stores Corp.

538 So. 2d 943, 1989 WL 11189

District Court of Appeal of Florida | Filed: Feb 14, 1989 | Docket: 472287

Cited 1 times | Published

theory of strict liability. Sierra relies on section 553.84, Florida Statutes (1987), which provides: Statutory

Eloquence on the Bay Condominium Association, Inc., Etc. v. CDC Builders, Inc., Etc.

District Court of Appeal of Florida | Filed: Jun 18, 2025 | Docket: 70572364

Published

the trial court reviewed the language of section 553.84, Florida Statutes, and found the jury should

Bandklayder Development, LLC v. Joseph Sabga, III, and Dunia Sabga

District Court of Appeal of Florida | Filed: Jan 2, 2025 | Docket: 69511750

Published

(2) violation of the Florida Building Code, section 553.84, Florida Statutes, and (3) breach of implied

William J. Osborne and Amanda L. Osborne v. Drees Homes of Florida, Inc.

District Court of Appeal of Florida | Filed: Oct 25, 2024 | Docket: 69309860

Published

alleged four counts: (1) a statutory action under section 553.84, Florida Statutes, for violating the Florida

Shane R. Hayslip v. U. S. Home Corporation

Supreme Court of Florida | Filed: Jan 27, 2022 | Docket: 62631937

Published

filed a lawsuit against U.S. Home pursuant to section 553.84, Florida Statutes (2016), alleging that U

SHANE R. HAYSLIP & LAURA M. HAYSLIP v. U S HOME CORPORATION

District Court of Appeal of Florida | Filed: Jul 10, 2019 | Docket: 15897418

Published

stay the Hayslips' claim for relief under section 553.84, Florida Statutes (2016), of the Florida Building

D.R. Horton, Inc. v. Heron's Landing Condo. Ass'n of Jacksonville, Inc.

266 So. 3d 1201

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708542

Published

Appellee as a result of building code violations. Section 553.84, Florida Statutes (2013), provides: Notwithstanding

D.R. Horton, Inc. v. Heron's Landing Condo. Ass'n of Jacksonville, Inc.

266 So. 3d 1201

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 64708543

Published

Appellee as a result of building code violations. Section 553.84, Florida Statutes (2013), provides: Notwithstanding

D.R. Horton, Inc. - Jacksonville v. Heron's Landing Condominium Association of Jacksonville, Inc.

District Court of Appeal of Florida | Filed: Dec 27, 2018 | Docket: 8455145

Published

Appellee as a result of building code violations. Section 553.84, Florida Statutes (2013), provides: Notwithstanding

Anderson v. Taylor Morrison of Florida, Inc.

223 So. 3d 1088, 2017 WL 2374404, 2017 Fla. App. LEXIS 7777

District Court of Appeal of Florida | Filed: May 31, 2017 | Docket: 6067548

Published

violation of the Florida Building Code under section 553.84, Florida Statutes (2009); (2) breach of contract;

Gazzara v. Pulte Home Corp.

207 F. Supp. 3d 1306, 2016 WL 4705632, 2016 U.S. Dist. LEXIS 121348

District Court, M.D. Florida | Filed: Sep 8, 2016 | Docket: 64310271

Published

against buildei-s who fail to do so. Florida Statute § 553.84 provides homeowners a private cause of action

Gozzo Development, Inc. v. Anne M. Esker, Clay Lane Rental Limited Partnership, etc.

199 So. 3d 940, 2016 WL 2908442, 2016 Fla. App. LEXIS 7650

District Court of Appeal of Florida | Filed: May 18, 2016 | Docket: 3071418

Published

remained issues of material fact as to whether section 553.84, Florida Statutes (2005), precluded appellant

Porto Venezia Condominium Ass'n v. WB Fort Lauderdale, LLC

926 F. Supp. 2d 1330, 2013 WL 772613

District Court, S.D. Florida | Filed: Feb 27, 2013 | Docket: 65989097

Published

Porto a cause of action under Florida Statute § 553.84. Count III was also based on the same defects

Landmark American Insurance Co. v. Santa Rosa Beach Development Corp. I

107 So. 3d 1135, 2012 WL 5971204, 2012 Fla. App. LEXIS 20553

District Court of Appeal of Florida | Filed: Nov 30, 2012 | Docket: 60228563

Published

negligence, building code violations pursuant to section 553.84, Florida Statutes, and breach of warranty (as

Scherer v. Villas Del Verde Homeowners Ass'n

55 So. 3d 602, 2011 Fla. App. LEXIS 188, 2011 WL 148801

District Court of Appeal of Florida | Filed: Jan 19, 2011 | Docket: 2408720

Published

Association's single count against Scherer was based on section 553.84, Florida Statutes (2002), which creates a civil

Griffin v. ELLIS ALUMINUM & SCREEN, INC.

30 So. 3d 714, 2010 Fla. App. LEXIS 4204, 2010 WL 1222761

District Court of Appeal of Florida | Filed: Mar 31, 2010 | Docket: 465709

Published

negligence per se pursuant to Florida Statute section 553.84. The jury returned a verdict in favor of Ellis

Cohen v. HARTLEY BROS. CONST., INC.

940 So. 2d 1251, 2006 WL 3103014

District Court of Appeal of Florida | Filed: Nov 3, 2006 | Docket: 1524065

Published

action and negligence per se for violation of section 553.84, Florida Statutes,[1] which provides: *1252

Johnson v. Brown

827 So. 2d 372, 2002 Fla. App. LEXIS 14564, 2002 WL 31250522

District Court of Appeal of Florida | Filed: Oct 9, 2002 | Docket: 64817912

Published

of negligence and for remedies pursuant to section 553.84, Florida Statutes (1999). *373Section 489.128

Pacheco v. Florida Power & Light Co.

784 So. 2d 1159, 2001 Fla. App. LEXIS 3356

District Court of Appeal of Florida | Filed: Mar 14, 2001 | Docket: 64805314

Published

we first reject the plaintiffs claim that section 553.84, Florida Statutes (1997), which creates a cause

Iovino v. ITT Community Homes

721 So. 2d 1254, 1998 Fla. App. LEXIS 16014, 1998 WL 889667

District Court of Appeal of Florida | Filed: Dec 23, 1998 | Docket: 64784835

Published

warranty, breach of implied warranty, violation of section 553.84, Florida Statutes, fraud in the inducement