Florida Statutes
Fla. Stat. § 558.002 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 13
cases (5 in the last 5 years), 2007–2025 · leading case: Hebden v. Roy A. Kunnemann Constr., Inc., 3 So. 3d 417 (Fla. 4th DCA 2009).
Hebden v. Roy A. Kunnemann Constr., Inc., 3 So. 3d 417 (Fla. 4th DCA 2009). “As property owners, the Hebdens were “claimants” under section 558.002(3). Section 558.003 states that a “claimant may not file an action subject to this chapter without first complying with the requirements of this chapter.”
Auto-Owners Ins. v. Am. Bldg. Materials, Inc., 820 F. Supp. 2d 1265 (M.D. Fla. 2011). “”); § 558.002(8) (2010) (“‘Real property’ means land that is improved and the improvements on such land, including fixtures .”
Gindel v. Centex Homes, 267 So. 3d 403 (Fla. 4th DCA 2018). “§§ 558.002(1), 558.003, 558.004(1)(a), Fla.”
Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights East Condo. Ass'n, Inc. (Fla. 3d DCA 2025). “” We conclude that these allegations fall squarely within the ambit of section 558.002, i.e., Peterson is a “claimant” who filed an “action”5 alleging a “construction defect,” as those 5 “Action” is defined as follows: 9 terms are defined in the statute.”
Specialty Eng'g Consultants, Inc. v. HOVSTONE Props. FLORIDA, LLC, 968 So. 2d 680 (Fla. 4th DCA 2007). “The type of claimant which must comply with Chapter 558 is defined in section 558.002(3) as follows: "Claimant" means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design…”
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. (Fla. 2017). “” § 558.002(1) (emphasis added). Based on its application only to construction defects and the explicit limitation included in the definition of an “action,” it is not clear that chapter 558, Florida Statutes, applies to the CGL policy at issue in this case at all.”
Karpel v. Gebrueder Knauf Verwaltungsgesellschaft, KG (S.D. Fla. 2022). “” Fla. Stat. § 558.002 (3) (emphasis added).”
Medmoun v. Home Depot U.S.A., Inc. (M.D. Fla. 2022). “§ 558.002, Fla. Stat. The Court denies Home Depot’s Motion to Stay and USIG’s Motion to Dismiss insofar as it argues for dismissal because of Medmoun’s failure to give it notice and opportunity to cure.”
Shane R. Hayslip & Laura M. Hayslip v. U S Home Corp. (Fla. 2d DCA 2019). “"); § 558.002(5)(b) (" '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 .”
Karpel v. Gebrueder Knauf Verwaltungsgesellschaft, KG (S.D. Fla. 2022). “See Fla. Stat. § 558.002 .” (ECF No. 58 at 7 n.”
Employers Ins. Co. of Wausau v. BL Companies Connecticut, Inc. (M.D. Fla. 2025). “§ 558.002(1),(3),(5)(d), on a timely motion, the trial court must grant a motion for a stay.”
Robert C. Gindel v. Centex Homes (Fla. 4th DCA 2018). “§§ 558.002(1), 558.003, 558.004(1)(a), Fla.”
— 558.002(1) — 7 cases
Gindel v. Centex Homes, 267 So. 3d 403 (Fla. 4th DCA 2018). “§§ 558.002(1), 558.003, 558.004(1)(a), Fla.”
Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights East Condo. Ass'n, Inc. (Fla. 3d DCA 2025). “” We conclude that these allegations fall squarely within the ambit of section 558.002, i.e., Peterson is a “claimant” who filed an “action”5 alleging a “construction defect,” as those 5 “Action” is defined as follows: 9 terms are defined in the statute.”
Medmoun v. Home Depot U.S.A., Inc. (M.D. Fla. 2022). “§ 558.002, Fla. Stat. The Court denies Home Depot’s Motion to Stay and USIG’s Motion to Dismiss insofar as it argues for dismissal because of Medmoun’s failure to give it notice and opportunity to cure.”
Employers Ins. Co. of Wausau v. BL Companies Connecticut, Inc. (M.D. Fla. 2025). “§ 558.002(1),(3),(5)(d), on a timely motion, the trial court must grant a motion for a stay.”
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. (Fla. 2017). “” § 558.002(1) (emphasis added). Based on its application only to construction defects and the explicit limitation included in the definition of an “action,” it is not clear that chapter 558, Florida Statutes, applies to the CGL policy at issue in this case at all.”
— 558.002(3) — 5 cases
Hebden v. Roy A. Kunnemann Constr., Inc., 3 So. 3d 417 (Fla. 4th DCA 2009). “As property owners, the Hebdens were “claimants” under section 558.002(3). Section 558.003 states that a “claimant may not file an action subject to this chapter without first complying with the requirements of this chapter.”
Specialty Eng'g Consultants, Inc. v. HOVSTONE Props. FLORIDA, LLC, 968 So. 2d 680 (Fla. 4th DCA 2007). “The type of claimant which must comply with Chapter 558 is defined in section 558.002(3) as follows: "Claimant" means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design…”
Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights East Condo. Ass'n, Inc. (Fla. 3d DCA 2025). “” We conclude that these allegations fall squarely within the ambit of section 558.002, i.e., Peterson is a “claimant” who filed an “action”5 alleging a “construction defect,” as those 5 “Action” is defined as follows: 9 terms are defined in the statute.”
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. (Fla. 2017). “” § 558.002(1) (emphasis added). Based on its application only to construction defects and the explicit limitation included in the definition of an “action,” it is not clear that chapter 558, Florida Statutes, applies to the CGL policy at issue in this case at all.”
Shane R. Hayslip & Laura M. Hayslip v. U S Home Corp. (Fla. 2d DCA 2019). “"); § 558.002(5)(b) (" '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 .”
— 558.002(4) — 1 case
Hebden v. Roy A. Kunnemann Constr., Inc., 3 So. 3d 417 (Fla. 4th DCA 2009). “As property owners, the Hebdens were “claimants” under section 558.002(3). Section 558.003 states that a “claimant may not file an action subject to this chapter without first complying with the requirements of this chapter.”
— 558.002(5) — 2 cases
Moss & Assocs., LLC v. Daystar Peterson & Brickell Heights East Condo. Ass'n, Inc. (Fla. 3d DCA 2025). “” We conclude that these allegations fall squarely within the ambit of section 558.002, i.e., Peterson is a “claimant” who filed an “action”5 alleging a “construction defect,” as those 5 “Action” is defined as follows: 9 terms are defined in the statute.”
Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co. (Fla. 2017). “” § 558.002(1) (emphasis added). Based on its application only to construction defects and the explicit limitation included in the definition of an “action,” it is not clear that chapter 558, Florida Statutes, applies to the CGL policy at issue in this case at all.”
— 558.002(5)(b) — 1 case
Shane R. Hayslip & Laura M. Hayslip v. U S Home Corp. (Fla. 2d DCA 2019). “"); § 558.002(5)(b) (" '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 .”
— 558.002(8) — 1 case
Auto-Owners Ins. v. Am. Bldg. Materials, Inc., 820 F. Supp. 2d 1265 (M.D. Fla. 2011). “”); § 558.002(8) (2010) (“‘Real property’ means land that is improved and the improvements on such land, including fixtures .”
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