August 05, 2020
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CS/HB 1133

A bill to be entitled
2An act relating to written contracts for property repairs
3related to imported drywall; creating s. 553.875, F.S.;
4authorizing certain persons or entities to agree to
5certain measures to effect repairs to improvements to real
6property due to problems arising from the use of imported
7drywall; prohibiting a cause of action against certain
8persons or entities for damage to property arising from
9prior use of imported drywall or from such repairs;
10providing definitions; providing an effective date.
12Be It Enacted by the Legislature of the State of Florida:
14     Section 1.  Section 553.875, Florida Statutes, is created
15to read:
16     553.875  Written contracts for property repairs related to
17imported drywall.-
18     (1)  In the absence of government laws, rules, or
19ordinances establishing standards in the applicable jurisdiction
20for making repairs due to problems arising from the use of
21imported drywall in improvements to real property, a real
22property owner or a condominium association authorized under
23chapter 718 to enter into written contracts on behalf of unit
24owners, and a condominium developer or licensed contractor, or
25any combination of such persons or entities, may agree to
26specific measures to effect such repairs. If these measures are
27completed pursuant to the written contract, the condominium
28association or real property owner, and any subsequent owners
29and their successors in interest, shall not have a cause of
30action against the condominium developer or licensed contractor
31who procured or performed the repair work for damage to the
32property arising from the prior use of imported drywall or from
33the repairs, regardless of the later adoption of government
34laws, rules, or ordinances establishing repair standards in the
35applicable jurisdiction that take effect after the date of the
36written contract.
37     (2)  As used in this section, the term:
38     (a)  "Imported drywall" means drywall that contains
39elevated levels of elemental sulfur that result in the corrosion
40of certain metals.
41     (b)  "Licensed contractor" means a contractor licensed
42under chapter 489.
43     Section 2.  This act shall take effect July 1, 2010.

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