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.