HB 1899

1	A bill to be entitled
2	An act relating to construction defects; amending s.
3	558.001, F.S.; revising legislative findings and
4	declarations; amending s. 558.002, F.S.; revising
5	definitions; amending s. 558.003, F.S.; providing
6	requirements for filing actions alleging construction
7	defects; requiring abatement, upon timely motion, of
8	certain actions filed that do not comply with certain
9	requirements; amending s. 558.004, F.S.; revising
10	requirements, procedures, criteria, and limitations in
11	provisions relating to notice and opportunity to repair
12	construction defects in certain structures; providing
13	requirements and procedures for making, accepting, or
14	rejecting settlement offers; providing for consequences of
15	certain actions relating to settlement offers; specifying
16	legal obligation to make certain repairs or monetary
17	payments under certain circumstances; providing a mutual
18	duty to exchange certain discoverable evidence; providing
19	requirements and limitations; amending s. 558.005, F.S.;
20	revising certain contract content provisions; providing a
21	notice form; providing application; providing
22	severability; providing an effective date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 558.001, Florida Statutes, is amended
27	to read:
28	558.001  Legislative findings and declaration.--The
29	Legislature finds that it is beneficial to have an alternative
30	method to resolve construction disputes that would reduce the
31	need for litigation as well as protect the rights of homeowners.
32	An effective alternative dispute resolution mechanism in certain
33	construction defect matters should involve the claimant filing a
34	notice of claim with the contractor, subcontractor, supplier, or
35	design professional that the claimant asserts is responsible for
36	the defect, and should provide the contractor, subcontractor,
37	supplier, or design professional with an opportunity to resolve
38	the claim without resort to further legal process.
39	Section 2.  Section 558.002, Florida Statutes, is amended
40	to read:
41	558.002  Definitions.--As used in this chapter act, the
42	term:
43	(1)  "Action" means any civil action or arbitration
44	proceeding for damages or indemnity asserting a claim for damage
45	to or loss of a dwelling or personal property caused by an
46	alleged construction defect, but does not include any
47	administrative action or any civil action or arbitration
48	proceeding asserting a claim for alleged personal injuries
49	arising out of an alleged construction defect.
50	(2)  "Association" has the same meaning as in s.
51	718.103(2), s. 719.103(2), s. 720.301(7), or s. 723.025.
52	(3)  "Claimant" means a homeowner, including a subsequent
53	purchaser, tenant, or association, who asserts a claim for
54	damages against a contractor, subcontractor, supplier, or design
55	professional concerning a construction defect or a subsequent
56	owner who asserts a claim for indemnification for such damages.
57	The term does not include a contractor, subcontractor, supplier,
58	or design professional.
59	(4)  "Construction defect" means a deficiency in, or a
60	deficiency arising out of, the design, specifications,
61	surveying, planning, supervision, observation of construction,
62	or construction, repair, alteration, or remodeling of a
63	dwelling, any appurtenance to the dwelling, or the real property
64	to which the dwelling or appurtenance is affixed resulting from:
65	(a)  Defective material, products, or components used in
66	the construction or remodeling;
67	(b)  A violation of the applicable codes in effect at the
68	time of construction or remodeling which gives rise to a cause
69	of action pursuant to s. 553.84;
70	(c)  A failure of the design of a dwelling to meet the
71	applicable professional standards of care at the time of
72	governmental approval; or
73	(d)  A failure to construct or remodel a dwelling in
74	accordance with accepted trade standards for good and
75	workmanlike construction at the time of construction.
76	(5)  "Contractor" means any person, as defined in s. 1.01,
77	firm, partnership, corporation, association, or other
78	organization that is legally engaged in the business of
79	designing, developing, constructing, manufacturing, repairing
80	selling, or remodeling dwellings or attachments thereto.
81	(6)  "Design professional" means a person, as defined in s.
82	1.01, licensed in this state as an architect, interior designer,
83	landscape architect, engineer, or surveyor.
84	(7)  "Dwelling" means a single-family house, manufactured
85	or modular home, duplex, triplex, quadruplex, or other
86	multifamily unit in a multifamily residential building designed
87	for residential use in which title to each individual unit is
88	transferred to the owner under a condominium or cooperative
89	system and includes common areas and improvements that are owned
90	or maintained by an association or by members of an association,
91	and also includes the systems, other components, and
92	improvements, and other structures or facilities, including, but
93	not limited to, recreational structures or facilities, that are
94	appurtenant to and located on the real property on which the
95	house, duplex, triplex, quadruplex, or other multifamily unit is
96	located, but are not necessarily part of the structure at the
97	time of completion of construction.
98	(8)  "Service" means personal service or delivery by
99	certified mail, return receipt requested, to the last known
100	address of the addressee.
101	(9)  "Subcontractor" means a person, as defined in s. 1.01,
102	who is a contractor who performs labor and supplies material
103	work on behalf of another contractor in the construction or
104	remodeling of a dwelling.
105	(10)  "Supplier" means a person, as defined in s. 1.01, who
106	provides only materials, equipment, or other supplies for the
107	construction or remodeling of a dwelling.
108	Section 3.  Section 558.003, Florida Statutes, is amended
109	to read:
110	558.003  Action; compliance abatement.--If A claimant may
111	not file files an action subject to this chapter without first
112	complying with the requirements of this chapter. If a claimant
113	files an action alleging a construction defect without first
114	complying with the requirements of this chapter act, on timely
115	motion by a party to the action the court shall abate the
116	action, without prejudice, and the action may not proceed until
117	the claimant has complied with such requirements.
118	Section 4.  Section 558.004, Florida Statutes, is amended
119	to read:
120	558.004  Notice and opportunity to repair.--
121	(1)  In actions brought alleging a against a contractor,
122	subcontractor, supplier, or design professional related to an
123	alleged construction defect, the claimant shall, at least no
124	later than 60 days before filing an action involving a single-
125	family home, an association representing 20 or fewer residential
126	parcels, a manufactured or modular home, a duplex, a triplex, or
127	a quadruplex, or at least 120 days before filing an action
128	involving an association representing more than 20 residential
129	parcel owners, serve written notice of claim on the contractor,
130	subcontractor, supplier, or design professional, as applicable,
131	which notice shall refer to this chapter. If the construction
132	defect claim arises from work performed under a contract, the
133	written notice of claim must be served on the person with whom
134	the claimant contracted. The notice of claim must describe the
135	claim in reasonable detail sufficient to determine the general
136	nature of each alleged construction defect and a description of
137	the damage or loss resulting from the defect, if known. The
138	claimant shall endeavor to serve the notice of claim within 15
139	days after discovery of an alleged defect, but the failure to
140	serve notice of claim within 15 days does not bar the filing of
141	an action, subject to s. 558.003. This subsection does not
142	preclude a claimant from filing an action sooner than 60 days,
143	or 120 days as applicable, after service of written notice as
144	expressly provided in subsection (6), subsection (7), or
145	subsection (8).
146	(2)  Within 30 5 business days after receipt service of the
147	notice of claim, the contractor, subcontractor, supplier, or
148	design professional may inspect involving a single-family home,
149	an association representing 20 or fewer residential parcels, a
150	manufactured or modular home, a duplex, a triplex, or a
151	quadruplex, or within 50 days after receipt of the notice of
152	claim involving an association representing more than 20
153	residential parcels, the person receiving the notice of claim
154	under subsection (1) is entitled to perform a reasonable
155	inspection of the dwelling or of each unit subject to the claim
156	to assess each alleged construction defect. An association's
157	right to access property for either maintenance or repair
158	includes the authority to grant access for the inspection. The
159	claimant shall provide the person receiving the notice under
160	subsection (1) and such person's contractor, subcontractor,
161	supplier, or design professional and its contractors or agents
162	reasonable access to the dwelling during normal working hours to
163	inspect the dwelling to determine the nature and cause of each
164	alleged construction defect and the nature and extent of any
165	repairs or replacements necessary to remedy each defect. The
166	person receiving notice under subsection (1) shall reasonably
167	coordinate the timing and manner of any and all inspections with
168	the claimant to minimize the number of inspections. The
169	inspection may include destructive testing by mutual agreement
170	under the following reasonable terms and conditions:
171	(a)  If the person receiving notice under subsection (1)
172	determines that destructive testing is necessary to determine
173	the nature and cause of the alleged defects, such person shall
174	notify the claimant in writing.
175	(b)  The notice shall describe the destructive testing to
176	be performed, the person selected to do the testing, the
177	estimated anticipated damage and repairs to the dwelling
178	resulting from the testing, the estimated amount of time
179	necessary for the testing and to complete the repairs, and the
180	financial responsibility offered for covering the costs of
181	repairs.
182	(c)  If the claimant promptly objects to the person
183	selected to perform the destructive testing, the person
184	receiving notice under subsection (1) shall provide the
185	claimant with a list of  three qualified persons from which the
186	claimant may select one such person to perform the testing. The
187	person selected to perform the testing shall operate as an
188	agent or subcontractor of the person receiving notice under
189	subsection (1) and shall communicate with, submit any reports
190	to and be solely responsible to the person receiving notice.
191	(d)  The testing shall be done at a mutually agreeable
192	time.
193	(e)  The claimant or a representative of the claimant may
194	be present to observe the destructive testing.
195	(f)  The destructive testing shall not render the
196	dwelling uninhabitable.
197
198	In the event the claimant fails or refuses to agree to
199	destructive testing, the claimant shall have no claim for
200	damages which could have been avoided or mitigated had
201	destructive testing been allowed when requested and had a
202	feasible remedy been promptly implemented. . Prior to
203	performing any destructive testing, the person who desires to
204	perform the testing shall notify the claimant in writing of the
205	type of testing to be performed, the anticipated damage to the
206	dwelling which will be caused by the testing, and the
207	anticipated repairs that will be necessary to repair any damage
208	caused by the testing. The person performing the testing is
209	responsible for repairing any damage to the dwelling caused by
210	the testing.
211	(3)  Within 10 days after receipt service of the notice of
212	claim involving a single-family home, an association
213	representing 20 or fewer residential parcels, a manufactured or
214	modular home, a duplex, a triplex, or a quadruplex, or within 30
215	days after receipt of the notice of claim involving an
216	association representing more than 20 residential parcels, the
217	person receiving the notice under subsection (1) may contractor,
218	subcontractor, supplier, and design professional must forward a
219	copy of the notice of claim to each contractor, subcontractor,
220	supplier, or design professional whom it reasonably believes is
221	responsible for each defect specified in the notice of claim and
222	shall note the specific defect for which it believes the
223	particular contractor, subcontractor, supplier, or design
224	professional is responsible. Each such contractor,
225	subcontractor, supplier, and design professional may inspect the
226	dwelling as provided in subsection (2) within 5 business days
227	after receiving a copy of the notice.
228	(4)  Within 15 5 business days after receiving a copy of
229	the notice of claim pursuant to subsection (3) involving a
230	single-family home, an association representing 20 or fewer
231	residential parcels, a manufactured or modular home, a duplex, a
232	triplex, or a quadruplex, or within 30 days after receipt of the
233	copy of the notice of claim involving an association
234	representing more than 20 residential parcels, the contractor,
235	subcontractor, supplier, or design professional must serve a
236	written response to the person contractor, subcontractor,
237	supplier, or design professional who forwarded served a copy of
238	the notice of claim. The written response shall include a
239	report, if any, of the scope of any inspection of the dwelling,
240	the findings and results of the inspection, a statement of
241	whether the contractor, subcontractor, supplier, or design
242	professional is willing to make repairs to the dwelling or
243	whether such he or she disputes the claim is disputed, a
244	description of any repairs they are he or she is willing to make
245	to remedy the alleged construction defect, and a timetable for
246	the completion of such repairs.
247	(5)  Within 45 25 days after receiving the notice of claim
248	involving a single-family home, an association representing 20
249	or fewer residential parcels, a manufactured or modular home, a
250	duplex, a triplex, or a quadruplex, or within 75 days after
251	receipt of a copy of the notice of claim involving an
252	association representing more than 20 residential parcels, the
253	person who received notice under subsection (1) each contractor,
254	subcontractor, supplier, or design professional must serve a
255	written response to the claimant. The response shall be served
256	to the attention of the person who signed the notice of claim,
257	unless otherwise designated in the notice of claim. The written
258	response must provide:
259	(a)  A written offer to remedy the alleged construction
260	defect at no cost to the claimant, including a report of the
261	scope of the inspection, the findings and results of the
262	inspection, a detailed description of the proposed repairs
263	necessary to remedy the defect, and a timetable for the
264	completion of such repairs;
265	(b)  A written offer to compromise and settle the claim by
266	monetary payment, that will not obligate the person's insurer,
267	and a timetable for making payment to be paid within 30 days
268	after the claimant's acceptance of the offer; or
269	(c)  A written offer to compromise and settle the claim by
270	a combination of repairs and monetary payment, that will not
271	obligate the person's insurer, that includes a detailed
272	description of the proposed repairs and a timetable for the
273	completion of such repairs and making payment;
274	(d)(c)  A written statement that the person contractor,
275	subcontractor, supplier, or design professional disputes the
276	claim and will not remedy the defect or compromise and settle
277	the claim; or.
278	(e)  A written statement that a monetary payment, including
279	insurance proceeds, if any, will be determined by the person's
280	insurer within 30 days after notification to the insurer by
281	means of forwarding the claim, which notification shall occur at
282	the same time the claimant is notified of this settlement
283	option, which the claimant can accept or reject. A written
284	statement under this paragraph may also include an offer under
285	paragraph (c), but such offer shall be contingent upon the
286	claimant also accepting the determination of the insurer whether
287	to make any monetary payment, in addition thereto. If the
288	insurer for the person receiving the claim makes no response
289	within the 30 days following notification, then the claimant
290	shall be deemed to have met all conditions precedent to
291	commencing an action.
292	(6)  If the contractor, subcontractor, supplier, or design
293	professional offers to remedy the alleged construction defect or
294	compromise and settle the claim by monetary payment, the written
295	response must contain a statement that the claimant shall be
296	deemed to have accepted the offer if, within 15 days, or 45 days
297	for an association, after service to the written response, the
298	claimant does not serve a written rejection of the offer on the
299	contractor, subcontractor, supplier, or design professional.
300	(6)(7)  If the person receiving a notice of claim pursuant
301	to subsection (1) contractor, subcontractor, supplier, or design
302	professional disputes the claim and will neither remedy the
303	defect nor compromise and settle the claim, or does not respond
304	to the claimant's notice of claim within the time provided in
305	subsection (5), the claimant may, without further notice,
306	proceed with an action against that person the contractor,
307	subcontractor, supplier, or design professional for the claim
308	described in the notice of claim. Nothing in this chapter shall
309	be construed to preclude a partial settlement or compromise of
310	the claim as agreed to by the parties and, in that event, the
311	claimant may, without further notice, proceed with an action on
312	the unresolved portions of the claim.
313	(7)(8)  A claimant who receives rejects a timely settlement
314	offer must accept or reject the offer made by serving the
315	contractor, subcontractor, supplier, or design professional must
316	serve written notice of such acceptance or rejection on the
317	person making the offer contractor, subcontractor, supplier, or
318	design professional within 15 days, or 45 days for an
319	association, after receiving service of the settlement offer. If
320	a claimant initiates an action without first accepting or
321	rejecting the offer, the court shall abate the action upon
322	timely motion until the claimant complies with this subsection.
323	The claimant's rejection must contain the settlement offer with
324	the word "rejected" printed on it. After service of the
325	rejection, the claimant may proceed with an action against the
326	contractor, subcontractor, supplier, or design professional for
327	the claims in the notice of claim without further notice.
328	(8)(9)  If the claimant timely and properly accepts the
329	offer to repair an alleged construction defect, the claimant
330	shall provide the offeror and the offeror's agents reasonable
331	access to the claimant's dwelling during normal working hours to
332	perform the repair by the agreed-upon timetable as stated in the
333	offer. If the offeror of a contractor, subcontractor, supplier,
334	or design professional and the contractor, subcontractor,
335	supplier, or design professional does not make the payment or
336	repair the defect within the agreed time and in the agreed
337	manner, except for reasonable delays beyond the control of the
338	offeror, including, but not limited to, weather conditions,
339	delivery of materials, claimant's actions, or issuance of any
340	required permits, the claimant may, without further notice,
341	proceed with an action against the offeror based upon
342	contractor, subcontractor, supplier, or design professional for
343	the claim in the notice of claim. If the offeror a claimant
344	accepts a contractor's, subcontractor's, supplier's, or design
345	professional's offer and the contractor, subcontractor,
346	supplier, or design professional makes payment or repairs the
347	defect within the agreed time and in the agreed manner, the
348	claimant is barred from proceeding with an action against the
349	contractor, subcontractor, supplier, or design professional for
350	the claim described in the notice of claim or as otherwise
351	provided in the accepted settlement offer.
352	(10)  If the claimant accepts the offer of a contractor,
353	subcontractor, supplier, or design professional to repair an
354	alleged construction defect, the claimant shall provide the
355	contractor, subcontractor, supplier, or design professional and
356	its contractors or other agents reasonable access to the
357	claimant's dwelling during normal working hours to perform the
358	repair by the agreed-upon timetable as stated in the offer.
359	(9)(11)  The failure of a claimant or a contractor,
360	subcontractor, supplier, or design professional to follow the
361	procedures in this section is admissible in an action. However,
362	This section does not prohibit or limit the claimant from making
363	any necessary emergency repairs to the dwelling as are required
364	to protect the health, safety, and welfare of the claimant. In
365	addition, any the offer or failure to offer pursuant to
366	subsection (5) of a contractor, subcontractor, supplier, or
367	design professional to remedy an alleged construction defect or
368	to compromise and settle the claim by monetary payment does not
369	constitute an admission of liability with respect to the defect
370	and is not admissible in an action brought under this chapter.
371	(10)(12)  A claimant's mailing of the written notice of
372	claim under subsection (1) tolls the applicable statute of
373	limitations relating to any person covered by this chapter and
374	any bond surety until the later of:
375	(a)  Ninety Sixty days, or 120 days, as applicable, after
376	receipt of the contractor, subcontractor, supplier, or design
377	professional receives the notice of claim pursuant to subsection
378	(1); or
379	(b)  Thirty days after the end of the repair period or
380	payment period stated in the offer, if the claimant has accepted
381	the offer. By stipulation of the parties, the period may be
382	extended and the statute of limitations is tolled during the
383	extension.
384	(11)(13)  The procedures in this chapter section apply to
385	each alleged construction defect. However, a claimant may
386	include multiple defects in one notice of claim. The initial
387	list of construction defects may be amended by the claimant to
388	identify additional or new construction defects as they become
389	known to the claimant. The court shall allow the action to
390	proceed to trial only as to alleged construction defects that
391	were noticed and for which the claimant has complied with this
392	chapter and as to construction defects reasonably related to, or
393	caused by, the construction defects previously noticed. Nothing
394	in this subsection shall preclude subsequent or further actions.
395	(12)(14)  This chapter does Sections 558.001-558.003 of
396	this act do not:
397	(a)  Bar or limit any rights, including the right of
398	specific performance to the extent such right would be available
399	in the absence of this act, any causes of action, or any
400	theories on which liability may be based, except as specifically
401	provided in this chapter act;
402	(b)  Bar or limit any defense, or create any new defense,
403	except as specifically provided in this chapter act; or
404	(c)  Create any new rights, causes of action, or theories
405	on which liability may be based.
406	(13)  Nothing in this section shall relieve the person
407	receiving notice of claim under subsection (1) from complying
408	with all contractual provisions of any liability insurance
409	policy as a condition precedent to coverage for any claim under
410	this section. However, notwithstanding the foregoing or any
411	contractual provision, the providing of a copy of such notice to
412	the person's insurer, if applicable, shall not constitute a
413	claim for insurance purposes. Nothing in this section shall be
414	construed to impair technical notice provisions or requirements
415	of the liability policy or alter, amend, or change existing
416	Florida law relating to rights between insureds and insurers
417	except as otherwise specifically provided herein.
418	(14)(15)  To the extent that an arbitration clause in a
419	contract for the sale, design, construction, or remodeling of a
420	dwelling conflicts with this section, this section shall
421	control.
422	(15)  Upon request, the claimant and the person receiving
423	notice pursuant to subsection (1) shall have a mutual duty to
424	exchange all available discoverable evidence relating to the
425	construction defects, including, but not limited to, expert
426	reports, photographs, information received pursuant to
427	subsection (4), and videotapes, if any. In the event of
428	subsequent litigation, any party who failed to provide such
429	evidence shall be subject to such sanctions as the court may
430	impose for a discovery violation. Expert reports exchanged
431	between the parties may not be used in any subsequent litigation
432	for any purpose, unless the expert, or a person affiliated with
433	the expert, testifies as a witness or the report is used or
434	relied upon by an expert who testifies on behalf of the party
435	for whom the report was prepared.
436	Section 5.  Section 558.005, Florida Statutes, is amended
437	to read:
438	558.005  Contract of sale; provisions; application.--
439	(1)  Except as otherwise provided in subsections (3) and
440	(4), the provisions of this chapter shall control every contract
441	for the design, construction, or remodeling of a dwelling
442	entered into on or after July 1, 2004, which contains the notice
443	as set forth in subsection (2) and is conspicuously set forth in
444	capitalized letters Upon entering into a contract for the sale,
445	design, construction, or remodeling of a dwelling, the
446	contractor, subcontractor, supplier, or design professional
447	shall provide notice to the owner of the dwelling of the
448	contractor's, subcontractor's, supplier's, or design
449	professional's right to offer to cure construction defects or
450	pay to settle alleged construction defects before a claimant may
451	commence an action against the contractor, subcontractor,
452	supplier, or design professional. Such notice must be
453	conspicuous and may be included as part of the contract.
454	(2)  The notice required by subsection (1) must be in
455	substantially the following form:
456
457	CHAPTER 558 NOTICE OF CLAIM
458	CHAPTER 558, FLORIDA STATUTES LAW CONTAINS IMPORTANT
459	REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL
460	ACTION FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A
461	CONTRACTOR, SUBCONTRACTOR, SUPPLIER, OR DESIGN PROFESSIONAL FOR
462	AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE
463	YOU BRING ANY LEGAL ACTION FILE YOUR LAWSUIT, YOU MUST DELIVER
464	TO THE OTHER PARTY TO THIS CONTRACT CONTRACTOR, SUBCONTRACTOR,
465	SUPPLIER, OR DESIGN PROFESSIONAL A WRITTEN NOTICE REFERRING TO
466	CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE
467	DEFECTIVE AND PROVIDE SUCH PERSON YOUR CONTRACTOR AND ANY
468	SUBCONTRACTORS, SUPPLIERS, OR DESIGN PROFESSIONALS THE
469	OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO
470	CONSIDER MAKING MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED
471	CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER
472	WHICH MAY BE MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS,
473	SUPPLIERS, OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES
474	AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND
475	FOLLOWED TO PROTECT YOUR INTERESTS.
476	(3)  After receipt of the initial notice of claim, a
477	claimant and the person receiving notice under s. 558.004(1)
478	may, by written mutual agreement, alter the procedure for the
479	notice of claim process described in this chapter.
480	(4)  This chapter applies to all actions accruing on or
481	after July 1, 2004, and all actions commenced on or after such
482	date, regardless of the date of sale, issuance of a certificate
483	of occupancy or its equivalent, or substantial completion of the
484	dwelling. Notwithstanding the notice requirements of this
485	section for contracts entered into on or after July 1, 2004,
486	this chapter applies to all actions accruing before July 1,
487	2004, but not yet commenced as of July 1, 2004, and failure to
488	include the notice requirements of this section in a contract
489	entered into prior to July 1, 2004, does not operate to bar the
490	procedures of this chapter from applying to all such actions.
491	Section 6.  If any provision of this act or the application
492	thereof to any person or circumstance is held invalid, the
493	invalidity does not affect other provisions or applications of
494	this act which can be given effect without the invalid provision
495	or application, and to this end the provisions of this act are
496	declared severable.
497	Section 7.  This act shall take effect July 1, 2004.

CODING: Words stricken are deletions; words underlined are additions.