Building Code, Violation of
1Elements and Case Citations
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“Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this part or the Florida Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the violation; however, if the person or party obtains the required building permits and any local government or public agency with authority to enforce the Florida Building Code approves the plans, if the construction project passes all required inspections under the code, and if there is no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections, this section does not apply unless the person or party knew or should have known that the violation existed.”
Florida Statute Section 553.84.
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[/MM_Access_Decision] [MM_Access_Decision access='true']“Notwithstanding any other remedies available, any person or party, in an individual capacity or on behalf of a class of persons or parties, damaged as a result of a violation of this part or the Florida Building Code, has a cause of action in any court of competent jurisdiction against the person or party who committed the violation; however, if the person or party obtains the required building permits and any local government or public agency with authority to enforce the Florida Building Code approves the plans, if the construction project passes all required inspections under the code, and if there is no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections, this section does not apply unless the person or party knew or should have known that the violation existed.”
Florida Statute Section 553.84.
FLORIDA STATE COURTS
First District: D.R. Horton, Inc. – Jacksonville v. Heron’s Landing Condo. Ass’n of Jacksonville, Inc., 266 So. 3d 1201, 1208 (Fla. 1st DCA 2018); Cohen v. Hartley Bros. Const., 940 So. 2d 1251, 1252 (Fla. 1st DCA 2006).
Second District: Anderson v. Taylor Morrison of Florida, Inc., 223 So.3d 1088, 1090 (Fla. 2d DCA 2017); Scherer v. Villas Del Verde Homeowners Ass’n, Inc., 55 So.2d 602 (Fla. 2d DCA 2011); Rosenberg V. Cape Coral Plumbing, Inc., 920 So.2d 61, 63 (Fla. 2d DCA 2005); Edward J. Seibert, AIA, v. Bayport Beach and Tennis Club Ass’n, Inc., 573 So.2d 889, 890 (Fla. 2d DCA 1990).
Third District: Sierra v. Allied Stores Corp., 538 So. 2d 943, 944 (Fla. 3d DCA 1989).
Fifth District: Stallings v. Kennedy Elec., Inc., 710 So. 2d 195, 195 (Fla. 5th DCA 1998).
FLORIDA FEDERAL COURTS
Middle District: Mark Wells Gen. Contractors, Inc. v. Cemex, Inc., 2009 WL 10670445, *3 (M.D. Fla. July 23, 2009); McGuire v. Ryland Grp., Inc., 497 F. Supp. 2d 1347, 1353 (M.D. Fla. 2007).
Florida Statutes: § 553.84, Fla. Stat. (2023).
2 Defenses to Claim for Building Code, Violation of
- R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 1.
- Statute of Limitations: 95.11(3)(c), Fla. Stat. (2023) (four years). Westpark Pres. Homeowners Ass’n, Inc. v. Pulte Home Corp., 2023 WL 3325821, *3 (Fla. 2d DCA May 10, 2023) (citing Snyder v. Wernecke, 813 So. 2d 213, 216 (Fla. 4th DCA 2002)).
- “Although the South Florida building code provides that compliance is the responsibility of the owner, the code does not impose a duty on a landowner to supervise construction undertaken by an independent contractor.” Sierra v. Allied Stores Corp., 538 So. 2d 943, 944 (Fla. 3d DCA 1989)(emphasis added); Brown v. S. Broward Hosp. Dist., 402 So. 2d 58, 60 (Fla. 4th DCA 1981).
- To be exempt from liability, a party has the burden of proving that the building code was not violated. Gozzo Dev., Inc. v. Esker, 199 So. 3d 940, 941 (Fla. 4th DCA 2016).
- Section 553.84 “provides a defense to any builder that obtained the required permits, approvals, and inspections, unless (1) the violation caused a personal injury or injury to property besides the property that had been the subject of the permits, plans, and inspections or (2) the builder knew or should have known of the violation.” Gazzara v. Pulte Home Corp., 2016 WL 7188893, *3 (M.D. Fla. Dec. 12, 2016)(emphasis added).
The statutory creation of a private right of action for violation of the building code does not trump, provide an exception to, or otherwise overcome workers compensation immunity. Pacheco v. Power & Light Co., 784 So.2d 1159, 1162 (Fla. 3d DCA 2001).
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