Florida Statute 558.3 - Full Text and Legal Analysis

The 2024 Florida Statutes (including 2025 Special Session C)

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

Chapter 558
CONSTRUCTION DEFECTS

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F.S. 558.003

558.003 Action; compliance.—A claimant may not file an action subject to this chapter without first complying with the requirements of this chapter. If a claimant files an action alleging a construction defect without first complying with the requirements of this chapter, on timely motion by a party to the action the court shall stay the action, without prejudice, and the action may not proceed until the claimant has complied with such requirements. The notice requirement is not intended to interfere with an owner’s ability to complete a project that has not been substantially completed. The notice is not required for a project that has not reached the stage of completion of the building or improvement.

History.—s. 3, ch. 2003-49; s. 3, ch. 2004-342; s. 2, ch. 2009-203.

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Amendments to 558.003

Annotations, Discussions, Cases:

Cases Citing Statute 558.003

Total Results: 7

Banner Supply Co. v. Harrell

25 So. 3d 98, 2009 Fla. App. LEXIS 20037, 2009 WL 4927912

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 1661549

Cited 1 times | Published

arising from construction defects). [3] See § 558.003, Fla. Stat. (2008) ("A claimant may not file an

Hebden v. Roy A. Kunnemann Construction, Inc.

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

District Court of Appeal of Florida | Filed: Feb 18, 2009 | Docket: 2275650

Cited 1 times | Published

were "claimants" under section 558.002(3). Section 558.003 states that a "claimant may not file an action

Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc.

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674467

Published

complies with the statute under the dictates of section 558.003, which provides in relevant part as follows:

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

Supreme Court of Florida | Filed: Dec 14, 2017 | Docket: 6241645

Published

file an action for a construction defect. See § 558.003, Fla. Stat. (2012). Specifically, a claimant must

Busch v. Lennar Homes, LLC

219 So. 3d 93, 2017 WL 1372085, 2017 Fla. App. LEXIS 5106

District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 5099902

Published

prematurely, the lawsuit is simply stayed. See § 558.003, Notably, the decision in Par-ham was based in

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

the pre-suit notice requirements of Fla. Stat. § 558.003. II. Legal Standard Federal Rule of Civil Procedure

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

124 F. Supp. 3d 1272, 2015 U.S. Dist. LEXIS 72466, 2015 WL 3539755

District Court, S.D. Florida | Filed: Jun 4, 2015 | Docket: 64303701

Published

action until the claimant has complied. F.S.A. § 558.003. A procedure is set forth pursuant to which the