Recent Changes to Florida Building Code and Lawsuits

1. Florida law allows for a private cause of action for violation of the Florida Building Code.
2. A recent amendment to Florida Statute 553.84 better defines and limits what is considered a cognizable cause of action for violation of the Code.
3. The amendment to the statute no longer allows for Code violation claims for any violation, regardless of significance.
4. A violation of the Code is evidence of negligence, but does not establish negligence per se.
5. Prior to the recent amendment, the previous statute allowed for Code violation claims regardless of the significance of the violation. 1. Florida Statute 553.84 allows individuals to file a cause of action in court against parties who commit material violations of the Florida Building Code.
2. The statute does not apply if required building permits are obtained, plans are approved by local authorities, and the construction project passes all required inspections, unless the party knew or should have known about the violation.
3. A material violation is defined as a Florida Building Code violation that may result in physical harm or significant damage to a building or its systems.
4. The recent changes to the statute narrow the opportunities for owners to file suit against builders for Code violations.
5. The changes aim to better determine the viability of Code violation claims in a lawsuit, though the term “significant damage” leaves room for interpretation.
6. It is advisable to consult with competent construction counsel before bringing a lawsuit for a Code violation.

https://www.jimersonfirm.com/blog/2023/05/florida-building-code-violations-recent-legislative-changes-to-consider-before-filing-a-lawsuit/