Alleged Violations Of Florida Building Code Not Subject To Class Treatment

Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida's building code. Section 553.84, Florida Statutes, provides for such a private cause of action, but also provides a statutory defense for homebuilders where: (1) the homebuilder obtained any required building permits, and the appropriate agency approved the plans; (2) the project passed all inspections required under the Code; and (3) there was no personal injury or damage to property other than the property that is the subject of the permits, plans, and inspections. This defense, however, does not apply if the homebuilder knew or should have known of the code violation.