Florida Statute 558.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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

Chapter 558
CONSTRUCTION DEFECTS

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F.S. 558.002

558.002 Definitions.—As used in this chapter, the term:

(1) “Action” means any civil action or arbitration proceeding for damages or indemnity asserting a claim for damage to or loss of real or personal property caused by an alleged construction defect, but does not include any administrative action or any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect.

(2) “Association” has the same meaning as in s. 718.103, s. 719.103(2), s. 720.301(9), or s. 723.075.

(3) “Claimant” means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. The term does not include a contractor, subcontractor, supplier, or design professional.

(4) “Completion of a building or improvement” means issuance of a certificate of occupancy, whether temporary or otherwise, that allows for occupancy or use of the entire building or improvement, or an equivalent authorization issued by the governmental body having jurisdiction. In jurisdictions where no certificate of occupancy or equivalent authorization is issued, the term means substantial completion of construction, finishing, and equipping of the building or improvement according to the plans and specifications.

(5) “Construction defect” means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:

(a) Defective material, products, or components used in the construction or remodeling;

(b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to s. 553.84;

(c) A failure of the design of real property to meet the applicable professional standards of care at the time of governmental approval; or

(d) A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction.

(6) “Contractor” means any person, as defined in s. 1.01, that is legally engaged in the business of designing, developing, constructing, manufacturing, repairing, or remodeling real property.

(7) “Design professional” means a person, as defined in s. 1.01, who is licensed in this state as an architect, a landscape architect, an engineer, a surveyor, or a geologist or who is a registered interior designer, as defined in s. 481.203.

(8) “Real property” or “property” means land that is improved and the improvements on such land, including fixtures, manufactured housing, or mobile homes and excluding public transportation projects.

(9) “Service” means delivery by certified mail with a United States Postal Service record of evidence of delivery or attempted delivery to the last known address of the addressee, by hand delivery, or by delivery by any courier with written evidence of delivery.

(10) “Subcontractor” means a person, as defined in s. 1.01, who is a contractor who performs labor and supplies material on behalf of another contractor in the construction or remodeling of real property.

(11) “Supplier” means a person, as defined in s. 1.01, who provides only materials, equipment, or other supplies for the construction or remodeling of real property.

History.—s. 2, ch. 2003-49; s. 2, ch. 2004-342; s. 31, ch. 2004-345; s. 27, ch. 2004-353; s. 109, ch. 2005-2; s. 2, ch. 2006-281; s. 1, ch. 2009-203; s. 1, ch. 2013-28; s. 2, ch. 2015-165; s. 82, ch. 2020-160; s. 18, ch. 2023-203.

F.S. 558.002 on Google Scholar

F.S. 558.002 on Casetext

Amendments to 558.002

Arrestable Offenses / Crimes under Fla. Stat. 558.002

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 558.002.

Annotations, Discussions, Cases:

Cases Citing Statute 558.002

Total Results: 13

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

Court: District Court of Appeal of Florida | Date Filed: 2019-07-10

Snippet: 232 So. 3d 273, 278 (Fla. 2017); see also § 558.002(3) (" 'Claimant' means a property

Gindel v. Centex Homes

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Citation: 267 So. 3d 403

Snippet: litigation. The relevant portion of the statute reads: 558.002(1)"Action" means any civil action or arbitration

Gindel v. Centex Homes

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Citation: 267 So. 3d 403

Snippet: litigation. The relevant portion of the statute reads: 558.002(1)"Action" means any civil action or arbitration

ROBERT C. GINDEL v. CENTEX HOMES

Court: District Court of Appeal of Florida | Date Filed: 2018-09-12

Snippet: relevant portion of the statute reads: 558.002(1) “Action” means any civil action or arbitration

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

Court: Supreme Court of Florida | Date Filed: 2017-12-14

Snippet: for claimants seeking damages. In fact, section 558.002(3) defines a “claimant” as one asserting a “claim

Hebden v. Roy A. Kunnemann Construction, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-02-18

Citation: 3 So. 3d 417, 2009 Fla. App. LEXIS 1272, 2009 WL 383570

Snippet: in section 558.002(4). As property owners, the Hebdens were "claimants" under section 558.002(3). Section

Specialty Engineering Consultants, Inc. v. HOVSTONE PROPERTIES FLORIDA, LLC

Court: District Court of Appeal of Florida | Date Filed: 2007-11-14

Citation: 968 So. 2d 680, 2007 WL 3355603

Snippet: comply with Chapter 558 is defined in section 558.002(3) as follows: "Claimant" means a property owner

Betancourt v. State

Court: Supreme Court of Florida | Date Filed: 2001-12-13

Citation: 804 So. 2d 313, 2001 WL 1585050

Snippet: provided by statute. See Betancourt, 767 So.2d at 558.[2] In its analysis, the Third District, in a majority

King v. King

Court: District Court of Appeal of Florida | Date Filed: 1998-08-28

Citation: 719 So. 2d 920, 1998 WL 542712

Snippet: $300; (3) MasterCard, $3,510; and (4) Visa, $7,558. [2] They were: (1) Fleet Financial, $3,250; (2) Providian

State v. Hamilton

Court: Supreme Court of Florida | Date Filed: 1995-09-14

Citation: 660 So. 2d 1038, 1995 WL 541626

Snippet: court opinion. See Hamilton, 645 So.2d at 557-558. [2] The district court opinion noted that the only

State v. Fields

Court: District Court of Appeal of Florida | Date Filed: 1980-11-12

Citation: 390 So. 2d 128

Snippet: particulars." United States v. Cruikshank, 92 U.S. 542, 558, 2 Otto 542, 23 L.Ed. 588 (1876). This rule was generally

MacArthur v. Gaines

Court: District Court of Appeal of Florida | Date Filed: 1973-12-11

Citation: 286 So. 2d 608

Snippet: Construction Company, Fla.App. 1973, 281 So.2d 558. [2] See Gaines v. MacArthur, Fla.App. 1971, 254 So

Wiggen v. Bethel Apostolic Temple

Court: District Court of Appeal of Florida | Date Filed: 1966-12-13

Citation: 192 So. 2d 796

Snippet: also Williams v. Hutson, Fla.App. 1966, 186 So.2d 558. [2] Radtke v. Loud, Fla.App. 1957, 98 So.2d 891.