Understanding Florida Statute 553.84: Legal Recourse for Building Code Violations

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Here is the Florida Statute:

553.84 Statutory civil action.—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 material 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 material 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 material violation existed. For purposes of this section, 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.

Here is a summary of what it means. Do you have a law like this in your state?

Florida Statute 553.84 provides for a specific type of civil legal action related to violations of the Florida Building Code. Here's a breakdown of what this statute means:

1. Right to Sue for Damages: This statute allows any person or group of people who have been harmed by a "material violation" of the Florida Building Code to sue the responsible party in court. This applies to both individual cases and class-action lawsuits.
2. Material Violation: A "material violation" is defined as a violation of the Florida Building Code that occurs within a completed building, structure, or facility and could reasonably lead to, or has led to, physical harm to a person or significant damage to the building or its systems.
3. Exceptions: There are important exceptions to this right to sue. If the following conditions are met, the statute does not apply:
   • The required building permits were obtained.
   • The local government or a public agency with authority to enforce the Florida Building Code approved the plans.
   • The construction project passed all required inspections under the code.
   • There is no personal injury or property damage, other than to the property that is the subject of the permits, plans, and inspections.
   • However, even if these conditions are met, the statute still applies if the person or party knew, or should have known, about the material violation.

In simple terms, this statute creates a pathway for legal action against those who violate the Florida Building Code, causing harm or significant damage. However, it also provides certain protections for parties who have followed the required permitting and inspection processes, unless they were aware of the violation. This is particularly relevant in roles as a Building Official, as it emphasizes the importance of code compliance and the potential legal consequences of violations.