| 1 | A bill to be entitled |
| 2 | An act relating to written contracts for property repairs |
| 3 | related to imported 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 imported |
| 7 | drywall; prohibiting a cause of action against certain |
| 8 | persons or entities for damage to property arising from |
| 9 | prior use of imported drywall or from such repairs; |
| 10 | providing definitions; 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 Written contracts for property repairs related to |
| 17 | imported drywall.- |
| 18 | (1) In the absence of government laws, rules, or |
| 19 | ordinances establishing standards in the applicable jurisdiction |
| 20 | for making repairs due to problems arising from the use of |
| 21 | imported drywall in improvements to real property, a real |
| 22 | property owner or a condominium association authorized under |
| 23 | chapter 718 to enter into written contracts on behalf of unit |
| 24 | owners, and a condominium developer or licensed contractor, or |
| 25 | any combination of such persons or entities, may agree to |
| 26 | specific measures to effect such repairs. If these measures are |
| 27 | completed pursuant to the written contract, the condominium |
| 28 | association or real property owner, and any subsequent owners |
| 29 | and their successors in interest, shall not have a cause of |
| 30 | action against the condominium developer or licensed contractor |
| 31 | who procured or performed the repair work for damage to the |
| 32 | property arising from the prior use of imported drywall or from |
| 33 | the repairs, regardless of the later adoption of government |
| 34 | laws, rules, or ordinances establishing repair standards in the |
| 35 | applicable jurisdiction that take effect after the date of the |
| 36 | written contract. |
| 37 | (2) As used in this section, the term: |
| 38 | (a) "Imported drywall" means drywall that contains |
| 39 | elevated levels of elemental sulfur that result in the corrosion |
| 40 | of certain metals. |
| 41 | (b) "Licensed contractor" means a contractor licensed |
| 42 | under chapter 489. |
| 43 | Section 2. This act shall take effect July 1, 2010. |