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