HB 1219

1
A bill to be entitled
2An act relating to bedding materials; amending s. 501.145,
3F.S.; providing a short title; defining terms; prohibiting
4a person from manufacturing or selling bedding that is
5made in whole or in part from secondhand material unless
6such material has been sanitized, germicidally treated, or
7cleaned using a method approved by the Department of
8Agriculture and Consumer Services; directing the
9department to establish methods for sanitizing,
10germicidally treating, or cleaning secondhand materials;
11requiring that all bedding manufactured, renovated,
12sanitized, or sold in this state which contains secondhand
13materials bear a clear and conspicuous label affixed to
14the bedding which contains specified information;
15requiring the label identifying bedding containing
16secondhand materials to be red in color and the label
17identifying bedding containing new materials to be white
18in color; prohibiting a person other than a retail
19consumer from removing, defacing, or altering the label of
20bedding; prohibiting a false or misleading statement on a
21label; requiring each bedding renovator, sanitizer, or
22seller of renovated bedding to register with and obtain a
23permit from the department, which must be renewed
24annually; requiring that the department recognize certain
25documents from another state or jurisdiction for issuance
26of a permit number; requiring that the department
27establish fees for initial and renewal permits;
28authorizing the department to randomly conduct bedding and
29materials product tests and inspections of the premises of
30any bedding renovator, sanitizer, or seller of renovated
31bedding; authorizing the enforcing authority to impose an
32embargo on, remove, recall, condemn, destroy, or otherwise
33dispose of bedding if the enforcing authority finds
34probable cause to believe that the inspected bedding
35violates the act; authorizing the enforcing authority to
36deny, suspend, or revoke a permit or assess an
37administrative penalty for violations of the act;
38authorizing the enforcing authority to bring an action for
39injunction relief; providing that a person who knowingly
40sells bedding that contains secondhand material that is
41not properly labeled or has not been sanitized, treated,
42or cleaned in accordance with the act commits a
43misdemeanor of the second degree; directing the department
44to adopt rules; providing an effective date.
45
46Be It Enacted by the Legislature of the State of Florida:
47
48     Section 1.  Section 501.145, Florida Statutes, is amended
49to read:
50     (Substantial rewording of section. See
51     s. 501.145, F.S., for present text.)
52     501.145  Safe and Hygienic Bedding Act.-
53     (1)  SHORT TITLE.-This section may be cited as the "Safe
54and Hygienic Bedding Act."
55     (2)  DEFINITIONS.-As used in this section, the term:
56     (a)  "Bedding" means any mattress, box spring, pillow, or
57cushion made of leather or any other material that is or can be
58stuffed or filled in whole or in part with any substance or
59material and that can be used by any human being for sleeping or
60reclining purposes.
61     (b)  "Clean recycled material" means material comprised in
62whole or in part of recycled material derived from postconsumer
63waste or industrial waste that has undergone a manufacturing or
64other process approved by the department which renders the
65resulting material at least as clean as comparable material made
66in whole from virgin inputs.
67     (c)  "Department" means the Department of Agriculture and
68Consumer Services.
69     (d)  "Enforcing authority" means the Department of
70Agriculture and Consumer Services or the Department of Legal
71Affairs.
72     (e)  "Manufacturer" means a person that makes any article
73of bedding in whole or in part using new or secondhand fabric,
74filling materials, clean recycled materials, or other materials.
75     (f)  "New material" means any fabric, filling material,
76clean recycled material, or other material or article of bedding
77that has not been previously used for any purpose. New material
78includes byproducts of any textile or manufacturing process
79which are free from dirt, insects, and other contamination.
80     (g)  "Person" means an individual, sole proprietorship,
81partnership, limited liability company, corporation, joint
82venture, association, trust, or any other entity, and the agents
83and employees of any such entity.
84     (h)  "Renovator" means a person who repairs, makes over,
85recovers, restores, sanitizes, germicidally treats, cleans, or
86renews bedding.
87     (i)  "Sanitizer" means a person who sanitizes, germicidally
88treats, or cleans, but who does not otherwise alter, any fabric,
89filling material, other material, or article of bedding for use
90in manufacturing or renovating bedding.
91     (j)  "Secondhand material" means any fabric, filling
92material, other material, or article of bedding that has been
93previously used for any purpose and that may be used in place of
94new material in manufacturing or renovating bedding, but
95excludes clean recycled material.
96     (k)  "Seller" includes a person who offers for sale,
97barters, trades, delivers, consigns, leases, possesses with
98intent to sell, or disposes of bedding in any commercial manner
99at the wholesale, retail, or other level of trade.
100     (3)  SANITIZATION OF SECONDHAND MATERIAL.-
101     (a)  A person may not manufacture or sell bedding that is
102made in whole or in part from any secondhand material unless
103such material has been sanitized, germicidally treated, or
104cleaned by a method approved by the department.
105     (b)  The department shall establish methods for sanitizing,
106germicidally treating, or cleaning secondhand materials,
107including:
108     1.  A method for heat-treating secondhand materials;
109     2.  A method for washing secondhand materials using boiling
110water; and
111     3.  Any other methods determined by the department to be
112effective in ridding secondhand materials of contaminants,
113bedbugs, insects, other living organisms, and other offensive
114materials.
115     (4)  LABELING REQUIREMENTS.-
116     (a)  All bedding manufactured, renovated, sanitized, or
117sold in this state which contains any secondhand materials must
118bear a clear and conspicuous label that:
119     1.  Is red in color and is at least 2 inches by 4 inches in
120dimension;
121     2.  Clearly states the words: "SECONDHAND MATERIAL";
122     3.  Specifically describes which secondhand materials are
123contained in the bedding; declares the amount of secondhand
124materials that are present in the bedding; describes the methods
125used to sanitize, germicidally treat, or clean the bedding; and
126specifies the date on which the processing occurred;
127     4.  Includes the name, address, and permit number of the
128manufacturer, renovator, or sanitizer; and
129     5.  Is stitched or otherwise firmly attached to the bedding
130in such a manner that it may be seen by a consumer before the
131purchase.
132     (b)  A label may be attached to bedding that is wholly
133manufactured from new material or clean recycled material or a
134combination of both. The label must be white in color and must
135state the words: "NEW MATERIAL," "NEW MATERIAL WITH CLEAN
136RECYCLED CONTENT," or "ALL CLEAN RECYCLED CONTENT," as
137appropriate.
138     (c)  A person other than a retail consumer of the bedding
139may not remove, deface, or alter in whole or in part a label or
140any statement on a label in order to defeat the provisions of
141this subsection.
142     (d)  A person may not make a false or misleading statement
143on a label.
144     (5)  PERMIT REQUIRED.-
145     (a)  Each bedding renovator, sanitizer, or seller of
146renovated bedding must register with and obtain an initial
147permit and permit number from the department. The permit must be
148renewed annually.
149     (b)  Upon a timely request by an applicant for an initial
150permit, the department shall recognize a valid registry,
151license, permit, or factory number issued by another state or
152jurisdiction if the applicant complies with all requirements
153established by the department for issuance of a permit number in
154this state.
155     (c)  The department shall adopt a rule establishing fees
156for an initial or annual permit. The fees shall be priced
157according to the class seeking the permit, such as
158manufacturers, renovators, sanitizers, or sellers, must be in an
159amount that is reasonable and does not exceed $500.
160     (6)  INSPECTIONS AND PENALTIES.-
161     (a)  The department may randomly conduct bedding and
162materials product tests and inspections of the premises of any
163bedding renovator, sanitizer, or seller of renovated bedding, or
164any other party suspected of engaging in such activity, for the
165purpose of determining whether such person complies with this
166section and the rules of the department.
167     (b)  If the enforcing authority finds probable cause to
168believe that an article of bedding violates this section, the
169enforcing authority may, as appropriate under the circumstances,
170impose an embargo on, remove, recall, condemn, destroy, or
171otherwise dispose of bedding found to violate this section.
172     (c)  The enforcing authority may deny, suspend, or revoke a
173permit issued under this section, or assess an administrative
174penalty, not to exceed $500 per violation, against a person who
175violates this section. Each day of a continuing violation
176constitutes a separate violation.
177     (d)  The enforcing authority may assess against the
178violator any reasonable expenses and costs the enforcing
179authority incurs in connection with an administrative proceeding
180to deny, suspend, or revoke a person's permit.
181     (e)  The enforcing authority may bring an action for
182injunctive relief against a person who violates this section.
183     (f)  A person who knowingly sells bedding that contains
184secondhand material that is not labeled or has not been
185sanitized, germicidally treated, or cleaned in accordance with
186this section commits a misdemeanor of the second degree,
187punishable as provided in s. 775.082 or s. 775.083.
188     (g)  Each product that is found in violation of this
189section constitutes a separate violation.
190     (7)  RULES.-The department shall adopt rules pursuant to
191ss. 120.536(1) and 120.54 to administer this section. The rules
192adopted may include, but need not be limited to:
193     (a)  Procedures and requirements for the application,
194issuance, renewal, denial, suspension, and revocation of each
195class of permit;
196     (b)  Procedures for adequate notice and opportunity for
197hearing for a person who is subject to administrative penalties
198or whose permit is subject to denial, suspension, or revocation;
199and
200     (c)  Any other substantive, interpretative, or procedural
201rules necessary to administer this section.
202     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.