Florida Senate - 2011                                     SB 910
       By Senator Bennett
       21-00788-11                                            2011910__
    1                        A bill to be entitled                      
    2         An act relating to bedding materials; amending s.
    3         501.145, F.S.; providing a short title; defining
    4         terms; prohibiting a person from manufacturing or
    5         selling bedding that is made in whole or in part from
    6         secondhand material unless such material has been
    7         sanitized, germicidally treated, or cleaned using a
    8         method approved by the Department of Agriculture and
    9         Consumer Services; directing the department to
   10         establish methods for sanitizing, germicidally
   11         treating, or cleaning secondhand materials; requiring
   12         that all bedding manufactured, renovated, sanitized,
   13         or sold in this state which contains secondhand
   14         materials bear a clear and conspicuous label affixed
   15         to the bedding which contains specified information;
   16         requiring the label identifying bedding containing
   17         secondhand materials to be red in color and the label
   18         identifying bedding containing new materials to be
   19         white in color; prohibiting a person other than a
   20         retail consumer from removing, defacing, or altering
   21         the label of bedding; prohibiting a false or
   22         misleading statement on a label; requiring each
   23         bedding renovator, sanitizer, or seller of renovated
   24         bedding to register with and obtain a permit from the
   25         department, which must be renewed annually; requiring
   26         that the department recognize certain documents from
   27         another state or jurisdiction for issuance of a permit
   28         number; requiring that the department establish fees
   29         for initial and renewal permits; authorizing the
   30         department to randomly conduct bedding and materials
   31         product tests and inspections of the premises of any
   32         bedding renovator, sanitizer, or seller of renovated
   33         bedding; authorizing the enforcing authority to impose
   34         an embargo on, remove, recall, condemn, destroy, or
   35         otherwise dispose of bedding if the enforcing
   36         authority finds probable cause to believe that the
   37         inspected bedding violates the act; authorizing the
   38         enforcing authority to deny, suspend, or revoke a
   39         permit or assess an administrative penalty for
   40         violations of the act; authorizing the enforcing
   41         authority to bring an action for injunction relief;
   42         providing that a person who knowingly sells bedding
   43         that contains secondhand material that is not properly
   44         labeled or has not been sanitized, treated, or cleaned
   45         in accordance with the act commits a misdemeanor of
   46         the second degree; directing the department to adopt
   47         rules; providing an effective date.
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. Section 501.145, Florida Statutes, is amended to
   52  read:
   53         (Substantial rewording of section. See
   54         s. 501.145, F.S., for present text.)
   55         501.145Safe and Hygienic Bedding Act.—
   56         (1) SHORT TITLE.—This section may be cited as the Safe and
   57  Hygienic Bedding Act.
   58         (2) DEFINITIONS.—As used in this section, the term:
   59         (a) “Bedding” means any mattress, box spring, pillow, or
   60  cushion made of leather or any other material that is or can be
   61  stuffed or filled in whole or in part with any substance or
   62  material and that can be used by any human being for sleeping or
   63  reclining purposes.
   64         (b) “Clean recycled material” means material comprised in
   65  whole or in part of recycled material derived from postconsumer
   66  waste or industrial waste that has undergone a manufacturing or
   67  other process approved by the department which renders the
   68  resulting material at least as clean as comparable material made
   69  in whole from virgin inputs.
   70         (c) “Department” means the Department of Agriculture and
   71  Consumer Services.
   72         (d) “Enforcing authority” means the Department of
   73  Agriculture and Consumer Services or the Department of Legal
   74  Affairs.
   75         (e) “Manufacturer” means a person that makes any article of
   76  bedding in whole or in part using new or secondhand fabric,
   77  filling materials, clean recycled materials, or other materials.
   78         (f) “New material” means any fabric, filling material,
   79  clean recycled material, or other material or article of bedding
   80  that has not been previously used for any purpose. New material
   81  includes byproducts of any textile or manufacturing process
   82  which are free from dirt, insects, and other contamination.
   83         (g) “Person” means an individual, sole proprietorship,
   84  partnership, limited liability company, corporation, joint
   85  venture, association, trust, or any other entity, and the agents
   86  and employees of any such entity.
   87         (h) “Renovator” means a person who repairs, makes over,
   88  recovers, restores, sanitizes, germicidally treats, cleans, or
   89  renews bedding.
   90         (i) “Sanitizer” means a person who sanitizes, germicidally
   91  treats, or cleans, but who does not otherwise alter, any fabric,
   92  filling material, other material, or article of bedding for use
   93  in manufacturing or renovating bedding.
   94         (j) “Secondhand material” means any fabric, filling
   95  material, other material, or article of bedding that has been
   96  previously used for any purpose and that may be used in place of
   97  new material in manufacturing or renovating bedding, but
   98  excludes clean recycled material.
   99         (k) “Seller” includes a person who offers for sale,
  100  barters, trades, delivers, consigns, leases, possesses with
  101  intent to sell, or disposes of bedding in any commercial manner
  102  at the wholesale, retail, or other level of trade.
  104         (a)A person may not manufacture or sell bedding that is
  105  made in whole or in part from any secondhand material unless
  106  such material has been sanitized, germicidally treated, or
  107  cleaned by a method approved by the department.
  108         (b)The department shall establish methods for sanitizing,
  109  germicidally treating, or cleaning secondhand materials,
  110  including:
  111         1. A method for heat-treating secondhand materials;
  112         2. A method for washing secondhand materials using boiling
  113  water; and
  114         3. Any other methods determined by the department to be
  115  effective in ridding secondhand materials of contaminants,
  116  bedbugs, insects, other living organisms, and other offensive
  117  materials.
  118         (4)LABELING REQUIREMENTS.—
  119         (a)All bedding manufactured, renovated, sanitized, or sold
  120  in this state which contains any secondhand materials must bear
  121  a clear and conspicuous label that:
  122         1. Is red in color and is at least 2 inches by 4 inches in
  123  dimension;
  124         2.Clearly states the words: “SECONDHAND MATERIAL”;
  125         3. Specifically describes which secondhand materials are
  126  contained in the bedding; declares the amount of secondhand
  127  materials that are present in the bedding; describes the methods
  128  used to sanitize, germicidally treat, or clean the bedding; and
  129  specifies the date on which the processing occurred;
  130         4. Includes the name, address, and permit number of the
  131  manufacturer, renovator, or sanitizer; and
  132         5. Is stitched or otherwise firmly attached to the bedding
  133  in such a manner that it may be seen by a consumer before the
  134  purchase.
  135         (b) A label may be attached to bedding that is wholly
  136  manufactured from new material or clean recycled material or a
  137  combination of both. The label must be white in color and must
  138  state the words: “NEW MATERIAL,” “NEW MATERIAL WITH CLEAN
  140  appropriate.
  141         (c)A person other than a retail consumer of the bedding
  142  may not remove, deface, or alter in whole or in part a label or
  143  any statement on a label in order to defeat the provisions of
  144  this subsection.
  145         (d)A person may not make a false or misleading statement
  146  on a label.
  147         (5)PERMIT REQUIRED.
  148         (a)Each bedding renovator, sanitizer, or seller of
  149  renovated bedding must register with and obtain an initial
  150  permit and permit number from the department. The permit must be
  151  renewed annually.
  152         (b)Upon a timely request by an applicant for an initial
  153  permit, the department shall recognize a valid registry,
  154  license, permit, or factory number issued by another state or
  155  jurisdiction if the applicant complies with all requirements
  156  established by the department for issuance of a permit number in
  157  this state.
  158         (c)The department shall adopt a rule establishing fees for
  159  an initial or annual permit. The fees shall be priced according
  160  to the class seeking the permit, such as manufacturers,
  161  renovators, sanitizers, or sellers, must be in an amount that is
  162  reasonable and does not exceed $500.
  164         (a)The department may randomly conduct bedding and
  165  materials product tests and inspections of the premises of any
  166  bedding renovator, sanitizer, or seller of renovated bedding, or
  167  any other party suspected of engaging in such activity, for the
  168  purpose of determining whether such person complies with this
  169  section and the rules of the department.
  170         (b)If the enforcing authority finds probable cause to
  171  believe that an article of bedding violates this section, the
  172  enforcing authority may, as appropriate under the circumstances,
  173  impose an embargo on, remove, recall, condemn, destroy, or
  174  otherwise dispose of bedding found to violate this section.
  175         (c)The enforcing authority may deny, suspend, or revoke a
  176  permit issued under this section, or assess an administrative
  177  penalty, not to exceed $500 per violation, against a person who
  178  violates this section. Each day of a continuing violation
  179  constitutes a separate violation.
  180         (d)The enforcing authority may assess against the violator
  181  any reasonable expenses and costs the enforcing authority incurs
  182  in connection with an administrative proceeding to deny,
  183  suspend, or revoke a person’s permit.
  184         (e)The enforcing authority may bring an action for
  185  injunctive relief against a person who violates this section.
  186         (f) A person who knowingly sells bedding that contains
  187  secondhand material that is not labeled or has not been
  188  sanitized, germicidally treated, or cleaned in accordance with
  189  this section commits a misdemeanor of the second degree,
  190  punishable as provided in s. 775.082 or s. 775.083.
  191         (g) Each product that is found in violation of this section
  192  constitutes a separate violation.
  193         (7)RULES.The department shall adopt rules pursuant to ss.
  194  120.536(1) and 120.54 to administer this section. The rules
  195  adopted may include, but need not be limited to:
  196         (a)Procedures and requirements for the application,
  197  issuance, renewal, denial, suspension, and revocation of each
  198  class of permit;
  199         (b)Procedures for adequate notice and opportunity for
  200  hearing for a person who is subject to administrative penalties
  201  or whose permit is subject to denial, suspension, or revocation;
  202  and
  203         (c) Any other substantive, interpretative, or procedural
  204  rules necessary to administer this section.
  205         Section 2. This act shall take effect July 1, 2011.