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