Florida Senate - 2010 SB 2196 By Senator Bennett 21-01439A-10 20102196__ 1 A bill to be entitled 2 An act relating to agreements for property repairs 3 related to reactive drywall; creating s. 553.875, 4 F.S.; authorizing certain persons or entities to agree 5 to certain measures to effect repairs to improvements 6 to real property due to problems arising from the use 7 of reactive drywall; prohibiting a cause of action 8 against certain persons or entities for damage to 9 property arising from prior use of reactive drywall or 10 from such repairs; providing a definition; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 553.875, Florida Statutes, is created to 16 read: 17 553.875 Agreements for property repairs related to reactive 18 drywall.—In the absence of government laws, rules, or ordinances 19 establishing standards in the applicable jurisdiction for making 20 repairs due to problems arising from the use of reactive drywall 21 in improvements to real property, a property owner or a 22 condominium association authorized under chapter 718 to enter 23 into contracts on behalf of unit owners, and a condominium 24 developer or licensed contractor, or any combination of such 25 persons or entities, may agree to specific measures to effect 26 such repairs. If these measures are completed pursuant to the 27 agreement, the condominium association, property owner, 28 subsequent owners, and their successors in interest will not 29 have a cause of action against the condominium developer or 30 contractor for damage to the property arising from the prior use 31 of reactive drywall or from the repairs, regardless of the later 32 adoption of government laws, rules, or ordinances establishing 33 repair standards in the applicable jurisdiction which take 34 effect after the date of the agreement. As used in this section, 35 the term “reactive drywall” means drywall or similar materials 36 that are contaminated with substances that cause the corrosion 37 of metals or emit sulfurous compounds. 38 Section 2. This act shall take effect upon becoming a law.