Proposed revision to Florida statute sits before the House that would require building code violations to be “material” to trigger claim under 553.84.

Florida Statute 553.84 creates a cause of action for any person damaged as a result of any building code violation against any party who committed that building code violation in the construction of the building. This cause of action is heavily used in construction litigation throughout the state and is a key liability claim heavily disputed between parties and experts alike. Proposed House Bill 85 would amend Florida Statute 553.84, to require a “material” violation of the Florida Building Code for a claim and subsequent liability under the statute to stand. The proposed amendment not only requires a material code violation, but also provides the definition of what that means. Specifically, “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.” This definition tracks with the definitions provided within the Florida Building Code and serves to differentiate a “technical” violation was a “material” violation. 

_{Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}