December 14, 2019
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       Florida Senate - 2010                                    SB 2196
       
       
       
       By Senator Bennett
       
       
       
       
       21-01439A-10                                          20102196__
    1                        A bill to be entitled                      
    2         An act relating to agreements for property repairs
    3         related to reactive drywall; creating s. 553.875,
    4         F.S.; authorizing certain persons or entities to agree
    5         to certain measures to effect repairs to improvements
    6         to real property due to problems arising from the use
    7         of reactive drywall; prohibiting a cause of action
    8         against certain persons or entities for damage to
    9         property arising from prior use of reactive drywall or
   10         from such repairs; providing a definition; providing
   11         an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 553.875, Florida Statutes, is created to
   16  read:
   17         553.875 Agreements for property repairs related to reactive
   18  drywall.—In the absence of government laws, rules, or ordinances
   19  establishing standards in the applicable jurisdiction for making
   20  repairs due to problems arising from the use of reactive drywall
   21  in improvements to real property, a property owner or a
   22  condominium association authorized under chapter 718 to enter
   23  into contracts on behalf of unit owners, and a condominium
   24  developer or licensed contractor, or any combination of such
   25  persons or entities, may agree to specific measures to effect
   26  such repairs. If these measures are completed pursuant to the
   27  agreement, the condominium association, property owner,
   28  subsequent owners, and their successors in interest will not
   29  have a cause of action against the condominium developer or
   30  contractor for damage to the property arising from the prior use
   31  of reactive drywall or from the repairs, regardless of the later
   32  adoption of government laws, rules, or ordinances establishing
   33  repair standards in the applicable jurisdiction which take
   34  effect after the date of the agreement. As used in this section,
   35  the term “reactive drywall” means drywall or similar materials
   36  that are contaminated with substances that cause the corrosion
   37  of metals or emit sulfurous compounds.
   38         Section 2. This act shall take effect upon becoming a law.

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