Florida Construction Defect Law: What SB 360 (2023) Changed & How to Protect Your New Home

By Emanuel Greco, Licensed FL Real Estate Professional · Updated July 2026

Florida passed Senate Bill 360 in April 2023, significantly restructuring construction defect liability in the state. For new home buyers, the law cuts the window to discover and claim latent defects and changes the notice process that precedes any lawsuit. Understanding these changes is essential if you are buying new construction in Florida — because the protections are shorter than they used to be, and missing a deadline can permanently bar your claim.

Two Types of Florida Construction Defects

Patent Defects

Defects that are visible or discoverable through reasonable inspection at the time of delivery. Examples: cracked tiles, misaligned doors, incomplete finishes, visible water intrusion. Florida's statute of limitations for patent defect claims is 4 years from the date of completion or the date the defect was or should have been discovered.

Latent Defects

Defects that are not visible and cannot be discovered through ordinary inspection at delivery. Examples: foundation settlement, improperly installed hurricane strapping, faulty electrical wiring inside walls, hidden moisture intrusion. These are the defects that surface years later — often after the builder's warranty has expired — and SB 360's 7-year repose window is what limits claims.

Florida's Statute of Repose After SB 360

The statute of repose is an absolute deadline — once it expires, no claim can be filed regardless of when the defect was discovered. This is different from the statute of limitations, which can be tolled (paused) under certain circumstances. The repose period cannot be tolled.

The Notice Requirement: Chapter 558 Process

Before filing a lawsuit for construction defects in Florida, the claimant must follow the Chapter 558 pre-suit process:

1. Written notice to contractor/subcontractor: The homeowner serves a written notice of claim describing each alleged defect in reasonable detail
2. Inspection period: The contractor has 30 days to inspect the property (or 50 days for a claim by a condo or HOA)
3. Response: The contractor must respond within 45 days (75 days for association claims) — either offering to repair, offering cash, disputing the claim, or a combination
4. Owner response: The homeowner accepts or rejects the contractor's offer within 15 days
5. Lawsuit: If the process doesn't resolve the dispute, the homeowner can then file suit

SB 360 modified some of these timeframes and clarified that the Chapter 558 process must be completed (not just started) within the repose period for the claim to survive. Starting the notice process on day 6 year 11 month of a 7-year repose period is not sufficient if the process can't be completed before the repose expires.

What's Covered: Common Florida New Construction Defects

• Foundation issues: Settlement, heave, cracking — especially common in Florida's sandy/expansive soils and sinkhole-prone areas
• Roof defects: Improper installation, inadequate hurricane strapping, water intrusion at penetrations
• Hurricane/wind resistance failures: Improperly installed impact windows, weak roof-to-wall connections — may not appear until the first major storm
• Water intrusion: Improperly sealed stucco, window flashing failures, HVAC condensation drainage issues
• Mold: Often a downstream effect of water intrusion defects — covered if the underlying construction defect caused it
• Electrical defects: Undersized panels, improperly grounded outlets, aluminum wiring in newer builds
• Plumbing: Improper slope, inadequate cleanouts, defective PEX installations

Builder Warranties in Florida New Construction

Florida law requires builders to provide implied warranties on new construction. These are separate from and shorter than the statutory repose period:

• 1-year workmanship warranty: Covers defects in materials and workmanship (paint, finishes, mechanical systems)
• 2-year systems warranty: Covers plumbing, electrical, HVAC, and mechanical systems
• 10-year major structural defects warranty (pre-SB 360 standard): Some builders still provide this contractually even after the repose change, but read your purchase contract — many have shortened it

Builder warranties and the statutory repose are independent. You can have a valid warranty claim even if the repose period hasn't yet expired (and vice versa — a repose period running doesn't obligate the builder to honor a warranty that has expired).

How to Protect Yourself When Buying New Construction in Florida

1. Hire an independent home inspector — not the builder's inspector. Do a pre-drywall inspection (when framing and rough mechanical work is visible) and a final walkthrough inspection
2. Document the walkthrough punch list — get everything in writing; verbal promises from the builder's sales rep are not enforceable
3. Photograph everything — especially roof installation, window flashing, and concrete work before stucco is applied
4. Understand your warranty terms — read the warranty documents in the purchase contract before closing, not after
5. Track your 7-year clock — from certificate of occupancy date (or date of actual completion). If latent defects appear in years 5–7, get counsel immediately — the Chapter 558 process takes months
6. Consider a new construction attorney review — builder contracts are heavily pro-builder. An attorney can identify unfavorable arbitration clauses, warranty limitations, and dispute resolution provisions before you sign