Florida Statute 553.84 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 553.84

Total Results: 20

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

Court: Fla. Dist. Ct. App. | Date Filed: 2024-10-25T00:00:00-07:00

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

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

Court: Fla. | Date Filed: 2022-01-26T23:53:00-08:00

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-10T00:53:00-07:00

Snippet: the Hayslips' claim for relief under section 553.84, Florida Statutes (2016), of the Florida Building…violation of the Florida Building Codes Act. See § 553.84. U.S. Home moved to stay the court … gives rise to a cause of action pursuant to s. 553.84.").2 The Hayslips rely on Caulk

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T00:00:00-08:00

Citation: 266 So. 3d 1201

Snippet: as a result of building code violations. Section 553.84, Florida Statutes (2013), provides: Notwithstanding…damages. The Fifth District has described section 553.84 as providing a "cause of action where a defendant…1998). The Second District has described section 553.84 as "a remedial statute because it provides…known of building code violations under section 553.84. We reject this argument as well. As stated, Appellant

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-27T00:00:00-08:00

Citation: 266 So. 3d 1201

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-12-26T23:53:00-08:00

Snippet: as a result of building code violations. Section 553.84, Florida Statutes (2013), provides: Notwithstanding…damages. The Fifth District has described section 553.84 as providing a “cause of action where a defendant…1998). The Second District has described section 553.84 as “a remedial statute because it provides relief…known of building code violations under section 553.84. We reject this argument as well. As stated, Appellant

Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company

Court: Fla. | Date Filed: 2017-12-13T23:53:00-08:00

Snippet: rise to a cause of action pursuant to s. 553.84; (c) A failure of the design of real

Anderson v. Taylor Morrison of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-31T00:00:00-07:00

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

Snippet: violation of the Florida Building Code under section 553.84, Florida Statutes (2009); (2) breach of contract…with Nursing Home Residents’ Rights Act). Section 553.84 is a remedial statute because it provides relief

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-05-18T00:00:00-07:00

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

Snippet: remained issues of material fact as to whether section 553.84, Florida Statutes (2005), precluded appellant from…indemnification. The exception to liability in section 553.84 requires a showing as to various facts, many of

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-08-09T00:00:00-07:00

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

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

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

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-30T00:00:00-08:00

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

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

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Fla. | Date Filed: 2012-03-09T00:00:00-08:00

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: 214 F.Supp. 811 (S.D.Fla.1963), rev’d, 378 U.S. 553, 84 S.Ct. 1904, 12 L.Ed.2d 1033 (1964); Swann v. Adams

Scherer v. Villas Del Verde Homeowners Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 2011-01-19T00:00:00-08:00

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

Snippet: versions of section 553.84 referred to the State Minimum Building Codes. See, e.g., § 553.84, Fla. Stat. (1999…single count against Scherer was based on section 553.84, Florida Statutes (2002), which creates a civil…civil action for building code violations. Section 553.84 states in pertinent part: [A]ny person or party…x27;s minimum building codes pursuant to section 553.84. Id. at 985 n. 3. Other than citing this statute…examine the civil cause of action created by section 553.84. Instead, the opinion analyzed whether a cause

General Dynamics Corp. v. Brottem

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-30T00:00:00-08:00

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

Snippet: Third District considered an argument that section 553.84, Florida Statutes, expressly allowed anyone to …person or party who committed the violation.” § 553.84, Fla. Stat. (2001). Like the WQAA, the building…defense. In rejecting the argument that section 553.84 created a cause of action that was not subject

Griffin v. ELLIS ALUMINUM & SCREEN, INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-31T00:00:00-07:00

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

Snippet: negligence per se pursuant to Florida Statute section 553.84. The jury returned a verdict in favor of Ellis …against him on his claim that Ellis violated section 553.84, Florida Statutes (2007), and by refusing Griffin…instruction. We do not find error and affirm. Section 553.84 provides that "any person or party ... damaged

Cohen v. HARTLEY BROS. CONST., INC.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-11-02T23:53:00-08:00

Citation: 940 So. 2d 1251

Snippet: and negligence per se for violation of section 553.84, Florida Statutes,[1] which provides: *1252 Statutory…, L.P., 760 So.2d 126 (Fla.2000). Under section 553.84, Foundation Services was required to establish …statute, but it is clear they both relied on section 553.84, as amended in 2000, which took effect on March

Nunez v. Westfield Homes of Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2006-04-05T00:53:00-07:00

Citation: 925 So. 2d 1108

Snippet: for breach of contract and relief under section 553.84, Florida Statutes (2000).[2] Westfield moved to…drainage behind stucco be installed. [2] Section 553.84 provides: Notwithstanding any other remedies available

Rosenberg v. Cape Coral Plumbing, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-27T23:53:00-08:00

Citation: 920 So. 2d 61

Snippet: that Monopoly is entitled to damages under section 553.84. In its first opinion letter, the trial court acknowledged…that the trial court did not believe that section 553.84 applies to a general contractor's claim against…claim, the trial court concluded that section *64 553.84 was intended for the protection of homeowners and… Cape Coral Plumbing did not argue that section 553.84 did not apply to Monopoly. Once the trial court… issue of Monopoly's standing under section 553.84 had been properly presented, the relevant statutory

Johnson v. Brown

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:00:00-07:00

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

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

Pulte Home Corp. v. Smith

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-14T00:53:00-07:00

Citation: 823 So. 2d 305

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