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Florida Statute 553.84 | Lawyer Caselaw & Research
F.S. 553.84 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 553
BUILDING CONSTRUCTION STANDARDS
View Entire Chapter
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.

F.S. 553.84 on Google Scholar

F.S. 553.84 on Casetext

Amendments to 553.84


Arrestable Offenses / Crimes under Fla. Stat. 553.84
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 553.84.



Annotations, Discussions, Cases:

Cases from cite.case.law:

D. R. HORTON, INC. JACKSONVILLE, v. HERON S LANDING CONDOMINIUM ASSOCIATION OF JACKSONVILLE, INC., 266 So. 3d 1201 (Fla. App. Ct. 2018)

. . . Section 553.84, Florida Statutes (2013), provides: Notwithstanding any other remedies available, any . . . The Fifth District has described section 553.84 as providing a "cause of action where a defendant has . . . The Second District has described section 553.84 as "a remedial statute because it provides relief for . . . did not present evidence that it knew or should have known of building code violations under section 553.84 . . .

MID- CONTINENT CASUALTY COMPANY, a v. DELACRUZ DRYWALL PLASTERING STUCCO, INC., 341 F. Supp. 3d 1289 (M.D. Fla. 2018)

. . . , negligence, common law indemnity, and violating the Florida Building Code under Florida Statute § 553.84 . . .

ALTMAN CONTRACTORS, INC. v. CRUM FORSTER SPECIALTY INSURANCE COMPANY,, 232 So. 3d 273 (Fla. 2017)

. . . effect at the time of construction or remodeling which gives rise to a cause of action pursuant to s. 553.84 . . .

ANDERSON v. TAYLOR MORRISON OF FLORIDA, INC., 223 So. 3d 1088 (Fla. Dist. Ct. App. 2017)

. . . three-count complaint in September 2015 alleging (1) violation of the Florida Building Code under section 553.84 . . . Section 553.84 is a remedial statute because it provides relief for a person whose home has been built . . .

GAZZARA, v. PULTE HOME CORPORATION,, 207 F. Supp. 3d 1306 (M.D. Fla. 2016)

. . . Florida Statute § 553.84 provides homeowners a private cause of action against a homebuilder if they . . . stucco siding which violated the Code, causing the stucco siding to fail, thus Pulte violated Section 553.84 . . .

GOZZO DEVELOPMENT, INC. v. M. ESKER, a G. P. A. M. P. A. J. P. A. B. P. A. C. P. A. d b a, 199 So. 3d 940 (Fla. Dist. Ct. App. 2016)

. . . We agree with appellant that there remained issues of material fact as to whether section 553.84, Florida . . . The exception to liability in section 553.84 requires a showing as to various facts, many of which were . . .

J. B. D. CONSTRUCTION, INC. a v. MID- CONTINENT CASUALTY COMPANY,, 571 F. App'x 918 (11th Cir. 2014)

. . . filed a three count Counterclaim against J.B.D. for Breach of Contract (Count I), Breach of Section 553.84 . . .

PULTE HOME CORPORATION, v. BAY AT CYPRESS CREEK HOMEOWNERS ASSOCIATION, INC., 118 So. 3d 957 (Fla. Dist. Ct. App. 2013)

. . . (the HOA), for alleged building code violations under section 553.84, Florida Statutes (2011). . . .

PORTO VENEZIA CONDOMINIUM ASSOCIATION, INC. v. WB FORT LAUDERDALE, LLC, WB LLC, v., 926 F. Supp. 2d 1330 (S.D. Fla. 2013)

. . . the cited defects violated the building code and gave Porto a cause of action under Florida Statute § 553.84 . . . See [DE 501 at 3 n. 1 ("Porto Venezia also brought claims for violation of Section 553.84 and negligence . . .

LANDMARK AMERICAN INSURANCE COMPANY, v. SANTA ROSA BEACH DEVELOPMENT CORP. I,, 107 So. 3d 1135 (Fla. Dist. Ct. App. 2012)

. . . implied warranty of fitness and merchantability, negligence, building code violations pursuant to section 553.84 . . .

H. SCHERER, III, v. VILLAS DEL VERDE HOMEOWNERS ASSOCIATION, INC., 55 So. 3d 602 (Fla. Dist. Ct. App. 2011)

. . . The Association’s single count against Scherer was based on section 553.84, Florida Statutes (2002), . . . Section 553.84 states in pertinent part: [A]ny person or party, in an individual capacity or on behalf . . . , Sinha was personally liable for violation of Florida’s minimum building codes pursuant to section 553.84 . . . Prior versions of section 553.84 referred to the State Minimum Building Codes. . . . See, e.g., § 553.84, Fla. . . .

GENERAL DYNAMICS CORPORATION, v. BROTTEM,, 53 So. 3d 334 (Fla. Dist. Ct. App. 2010)

. . . Light Co., 784 So.2d 1159 (Fla. 3d DCA 2001), the Third District considered an argument that section 553.84 . . . in any court of competent jurisdiction against the person or party who committed the violation.” § 553.84 . . . In rejecting the argument that section 553.84 created a cause of action that was not subject to the workers . . .

GRIFFIN, v. ELLIS ALUMINUM SCREEN, INC., 30 So. 3d 714 (Fla. Dist. Ct. App. 2010)

. . . proceeded to trial on two counts: negligence and negligence per se pursuant to Florida Statute section 553.84 . . . trial court erred in granting a directed verdict against him on his claim that Ellis violated section 553.84 . . . Section 553.84 provides that “any person or party ... damaged as a result of a violation of this part . . .

WEST COAST ROOFING AND WATERPROOFING, INC. a v. JOHNS MANVILLE, INC. a JOHNS MANVILLE GAF d. b. a. BFS LLC, d. b. a., 287 F. App'x 81 (11th Cir. 2008)

. . . . § 553.84; (7) violation of Florida’s Unfair and Deceptive Trade Practices Act, Fla. . . .

McGUIRE, v. THE RYLAND GROUP, INC., 497 F. Supp. 2d 1347 (M.D. Fla. 2007)

. . . (1) breach of express warranty, (2) breach of implied warranty, (3) violation of Florida Statute § 553.84 . . . Florida Statute § 553.84 provides homeowners a private cause of action against homebuilders in the event . . . Stat. 553.84. Defendant argues that there is no evidence of a FBC violation. . . .

NEW LENOX INDUSTRIES, INC. a v. H. FENTON, LLC., 510 F. Supp. 2d 893 (M.D. Fla. 2007)

. . . . § 553.84). . Fla. Stat. § 812.081. . Fla. Stat. § 772.11 (1988). . Id. . Fla. . . .

COHEN, v. HARTLEY BROTHERS CONSTRUCTION, INC. d b a A, 940 So. 2d 1251 (Fla. Dist. Ct. App. 2006)

. . . alleged in Counts I and II a statutory cause of action and negligence per se for violation of section 553.84 . . . Under section 553.84, Foundation Services was required to establish three facts in order to show it was . . . The parties do not specify a year for this statute, but it is clear they both relied on section 553.84 . . .

NUNEZ, v. WESTFIELD HOMES OF FLORIDA, INC., 925 So. 2d 1108 (Fla. Dist. Ct. App. 2006)

. . . their class action complaint, the Buyers seek damages for breach of contract and relief under section 553.84 . . . Section 553.84 provides: Notwithstanding any other remedies available, any person or party, in an individual . . .

L. ROSENBERG, d b a v. CAPE CORAL PLUMBING, INC., 920 So. 2d 61 (Fla. Dist. Ct. App. 2005)

. . . to section 553.04, Florida Statutes (2000), and that Monopoly is entitled to damages under section 553.84 . . . that “nothing was mentioned about” this point but that the trial court did not believe that section 553.84 . . . Even if the issue of Monopoly’s standing under section 553.84 had been properly presented, the relevant . . . Section 553.84, entitled “Statutory civil action,” provides that “any person or party, in an individual . . .

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, v. AMERICAN AVIATION, INC. v., 344 F.3d 1136 (11th Cir. 2003)

. . . Mi-lam for: (1) negligent selection of contractor; (2) negligent construction; (3) violation of section 553.84 . . . negligence claims were barred by the economic loss rule, despite the statutory duty created by section 553.84 . . .

JOHNSON, v. BROWN,, 827 So. 2d 372 (Fla. Dist. Ct. App. 2002)

. . . in favor of Appellee, against Plaintiffs claims of negligence and for remedies pursuant to section 553.84 . . .

PULTE HOME CORPORATION, v. M. SMITH, E. C. a M. E. a, 823 So. 2d 305 (Fla. Dist. Ct. App. 2002)

. . . This suit is authorized under § 553.84, Fla. Stat. . . . .

C. S. I. R. ENTERPRISES, INC. v. SEBRITE AGENCY, INC. a a a a, 214 F. Supp. 2d 1276 (M.D. Fla. 2002)

. . . . §§ 624.155, 501.213, and 553.84. Id. . . .

JOHN HANCOCK- GANNON JOINT VENTURE II, v. F. McNULLY d b a s a k a s C. E. J. H. J., 800 So. 2d 294 (Fla. Dist. Ct. App. 2001)

. . . Additionally, section 553.84, Florida Statutes (1992), provides the owner with a statutory cause of action . . .

D. PACHECO, v. FLORIDA POWER LIGHT COMPANY, a E. T. a W. J. a J. a, 784 So. 2d 1159 (Fla. Dist. Ct. App. 2001)

. . . In doing so, we first reject the plaintiffs claim that section 553.84, Florida Statutes (1997), which . . .

INVO FLORIDA, INC. v. SOMERSET VENTURER, INC., 751 So. 2d 1263 (Fla. Dist. Ct. App. 2000)

. . . 1219 (Fla.1999), when reviewing a statutory cause of action under the Southern Building Code, section 553.84 . . .

STONE S THROW CONDOMINIUM ASSOCIATION, INC. a v. SAND COVE APARTMENTS, INC., 749 So. 2d 520 (Fla. Dist. Ct. App. 1999)

. . . The key claims, however, for purposes of this appeal, are: (1) a section 553.84, Florida Statutes (1995 . . . The section 553.84 claim, made in the initial complaint, was dismissed without prejudice, but was never . . . reverse the dismissal of the negligent misrepresentation claim, and affirm the dismissal of the section 553.84 . . . Count III — breach of implied warranty against Deeb as contractor; Count IV — violation of section 553.84 . . . Count III — breach of implied warranty against Deeb as contraetor; Count IV — violation of section 553.84 . . .

COMPTECH INTERNATIONAL, INC. v. MILAM COMMERCE PARK, LTD. v. Jr., 753 So. 2d 1219 (Fla. 1999)

. . . economic loss rule does not preclude a statutory cause of action under the Southern Building Code, section 553.84 . . . economic loss rule does not preclude a homeowner’s claim against a subcontractor for violation of section 553.84 . . . Milam for: (1) negligent selection of contractor; (2) negligent construction; (3) violation of section 553.84 . . . The statute at issue here, section 553.84, provides: Statutory Civil Action.— Notwithstanding any other . . . The Fifth District reversed the dismissal of the count under section 553.84, holding the economic loss . . .

J. IOVINO E. v. ITT COMMUNITY HOMES,, 721 So. 2d 1254 (Fla. Dist. Ct. App. 1998)

. . . They alleged counts in breach of express warranty, breach of implied warranty, violation of section 553.84 . . .

COMPTECH INTERNATIONAL, INC. a v. MILAM COMMERCE PARK, LTD. a D M a, 711 So. 2d 1255 (Fla. Dist. Ct. App. 1998)

. . . The Legislature has enacted section 553.84, Florida Statutes (1989), which states: 553.84 Statutory civil . . . See Id. §§ 553.84, .79. . . . The Legislature has plainly said that a litigant can sue under section 553.84 in addition to any other . . . As a practical matter, the majority eliminates the statutory cause of action under section 553.84. . . . The plaintiff’s claim under section 553.84 is not barred by the economic loss doctrine. . . . Section 553.84 is a statutory tort. . . . The dissent argues to the contrary quoting the language in Section 553.84 which provides a cause of action . . . Section 553.84, Florida Statutes (1989), provides that "any person or party ... damaged as a result of . . . Kennedy Electric, Inc., 710 So.2d 195, No. 97-1412 (Fla. 5th DCA 1998)(independent Section 553.84 cause . . . While most cases in Florida citing to Section 553.84 either ignore or dismiss the statutory cause of . . .

STALLINGS, Jr. v. KENNEDY ELECTRIC, INC., 710 So. 2d 195 (Fla. Dist. Ct. App. 1998)

. . . of the negligence and negligence per se counts but reverse as to the statutory claim under section 553.84 . . . Section 553.84 provides a cause of action where a defendant has injured a plaintiff by violating the . . . However, barring appellants’ statutory claim under section 553.84 based on the economic loss rule would . . . The court reasoned that a claim under section 553.84 is subsumed by the economic loss rule because the . . . It should be noted that the constitutionality of section 553.84 is not an issue on this appeal. . . .

ALEX HOFRICHTER, P. A. f k a P. A. v. ZUCKERMAN VENDITTI, P. A. S. P. A, S., 710 So. 2d 127 (Fla. Dist. Ct. App. 1998)

. . . (Fla. 3d DCA Sept. 17, 1997) (applying economic loss rule to preclude cause of action under section 553.84 . . .

BRICKELL BISCAYNE CORPORATION, v. MORSE DIESEL, INCORPORATED,, 683 So. 2d 168 (Fla. Dist. Ct. App. 1996)

. . . Diesel or for the direct, %ow-assigned claims against both ap-pellees for negligence and under section 553.84 . . .

HOME OWNERS WARRANTY CORPORATION v. HANOVER INSURANCE COMPANY,, 683 So. 2d 527 (Fla. Dist. Ct. App. 1996)

. . . stated claims against the developer for breach of implied warranty, negligence, violation of section 553.84 . . .

MURTHY, v. N. SINHA CORP., 644 So. 2d 983 (Fla. 1994)

. . . . § 553.84, Fla.Stat. (1991). . . . .

ROGERS FORD CONSTRUCTION CORPORATION, v. CARLANDIA CORPORATION,, 626 So. 2d 1350 (Fla. 1993)

. . . warranty implied in chapter 713, Florida Statutes, and building code violations under sections 553.73 and 553.84 . . . implied in chapter 713, negligent construction, and building code violations under sections 553.73 and 553.84 . . .

SEAWATCH AT MARATHON CONDOMINIUM ASSOCIATION, INC. a v. CHARLEY TOPPINO AND SONS, INC., 610 So. 2d 470 (Fla. Dist. Ct. App. 1992)

. . . breach of common-law and statutory warranties, and violation of the Florida Building Code, section 553.84 . . .

EDWARD J. SEIBERT, A. I. A. ARCHITECT AND PLANNER, P. A. J. v. BAYPORT BEACH AND TENNIS CLUB ASSOCIATION, INC., 573 So. 2d 889 (Fla. Dist. Ct. App. 1990)

. . . found that Seibert was responsible because he committed professional negligence or because of section 553.84 . . .

CONTINUUM CONDOMINIUM ASSOCIATION, INC. v. CONTINUUM VI, INC., 549 So. 2d 1125 (Fla. Dist. Ct. App. 1989)

. . . claimed breaches of warranties, negligence, and violation of the Florida Building Codes Act, Section 553.84 . . .

SIERRA, v. ALLIED STORES CORPORATION ALLIED STORES CORPORATION v. OMNI INTERNATIONAL OF MIAMI, INC. a a, 538 So. 2d 943 (Fla. Dist. Ct. App. 1989)

. . . Sierra relies on section 553.84, Florida Statutes (1987), which provides: Statutory civil action. . . . accordance with common-law principles, is imposed on “the person or party who committed the violation.” § 553.84 . . .

DREXEL PROPERTIES, INC. v. BAY COLONY CLUB CONDOMINIUM, INC., 406 So. 2d 515 (Fla. Dist. Ct. App. 1981)

. . . None of the parties suggest, and correctly so, that Florida Statutes 553.84 (1979) and 718.203 (1979) . . .