For years, Florida has been one of only 10 states that follow the “Frye” standard relating to the admission of expert testimony at trial. This may be changing, as a Florida Senate Panel recently advanced Senate Bill 1412 that would change the standards by which Florida judges admit expert testimony. The proposed bill, which is… Continue Reading
Category Archives: Florida Legislation
Subscribe to Florida Legislation RSS FeedDesign Professional Limitation of Liability Law Approved by Governor
Posted in Architects, Construction Contracts, Design Professionals, Florida Legislation, Professional LiabilityThe Design Professional Limitation of Liability Act, that we have been following and discussing here and here, outlined in the version of SB 286 that ultimately passed both the Senate and House has been approved by Governor Scott. Governor Scott signed the act on April 25th. The act creates § 558.0035, Florida Statute, and will… Continue Reading
CSK’s Capitol Report – Update on the Design Professional Limitation of Liability Bills
Posted in Architects, Construction, Construction Contracts, Design Professionals, Engineers, Florida Legislation, Professional LiabilityAs we have previously posted, we have been closely monitoring Senate Bill (“SB”) 286 and House Bill (“HB”) 575, which have moved quickly through their respective committees and chambers with little opposition. On March 27, 2013, the Senate passed SB 286 by a 37 to 1 vote. SB 286 was then substituted in place of HB… Continue Reading
CSK’s Capitol Report – Senate Bill 286; House Bill – 575
Posted in Architects, Construction, Construction Contracts, Design Professionals, Engineers, Florida Legislation, Professional LiabilityFlorida’s 2013 Legislative session kicks off tomorrow, Tuesday March 5, 2013. This legislative session, CSK’s Construction Law Division is closely following Senate Bill (“SB”) 286 titled Design Professionals and its identical companion bill in the House, House Bill (“HB”) 575. Both bills were introduced and filed in January of 2013. The bills intend to alter the… Continue Reading
The “Fiscal Cliff” and the Construction Industry
Posted in Architects, Construction, Contractors, Design Professionals, Engineers, Florida LegislationAfter a spirited election season and as we wind down toward the end of the year, the elected officials in Washington D.C. are in the midst of a strong debate regarding the tax increases and budget cuts that will begin in 2013. Although the impact is largely debatable, discussions about the “fiscal cliff” are rampant… Continue Reading
No Common Law Implied Warranty of Habitability Applies to Surrounding Structures That “Essentially Service” A Home
Posted in Construction, Developers, Florida Legislation, WarrantyThe Florida Legislature recently passed legislation that is very favorable for developers. More specifically, the legislation appears to eliminate future exposure of developers to claims for common law implied warranties of fitness and merchantability related to subdivision improvements of roads, drainage systems, retention ponds and underground pipes surrounding homes. In mid-March 2012, the Florida House of Representatives passed… Continue Reading