HB 1133

1
A bill to be entitled
2An act relating to agreements for property repairs related
3to reactive drywall; creating s. 553.875, F.S.;
4authorizing certain persons or entities to agree to
5certain measures to effect repairs to improvements to real
6property due to problems arising from the use of reactive
7drywall; prohibiting a cause of action against certain
8persons or entities for damage to property arising from
9prior use of reactive drywall or from such repairs;
10providing a definition; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 553.875, Florida Statutes, is created
15to read:
16     553.875  Agreements for property repairs related to
17reactive drywall.-In the absence of government laws, rules, or
18ordinances establishing standards in the applicable jurisdiction
19for making repairs due to problems arising from the use of
20reactive drywall in improvements to real property, a property
21owner or a condominium association authorized under chapter 718
22to enter into contracts on behalf of unit owners, and a
23condominium developer or licensed contractor, or any combination
24of such persons or entities, may agree to specific measures to
25effect such repairs. If these measures are completed pursuant to
26the agreement, the condominium association, property owner,
27subsequent owners, and their successors in interest shall not
28have a cause of action against the condominium developer or
29contractor for damage to the property arising from the prior use
30of reactive drywall or from the repairs, regardless of the later
31adoption of government laws, rules, or ordinances establishing
32repair standards in the applicable jurisdiction that take effect
33after the date of the agreement. As used in this section, the
34term "reactive drywall" means drywall or similar materials that
35are contaminated with substances that cause the corrosion of
36metals or emit sulfurous compounds.
37     Section 2.  This act shall take effect July 1, 2010.


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