Florida anti-consumer Chinese drywall legislation passed house insurance committee

On March 25th, 2010, the State of Florida House Insurance Committee passed HB 1133 even though testimony was offered that the bill was anti-consumer and anti-homeowner. Also adding insult to injury, the sponsoring representative, Florida Representative Mayfield said that some aspects of the bill needed to be fixed. Even in light of this, Rep. Mayfield pushed her bill through.

So what is HB 1133? HB 1133 is a bill that seeks to immunize builders and developers, who used substandard Chinese drywall in homes and projects, from any claims, problems or damages if they agree to repair/remediate affected properties. The bill also grants immunity from claims regardless of the quality of the repairs, does not mandate that repairs must meet the Florida Building Code and does not even require the agreement between builder and homeowner to be in writing. The official text of the bill is as follows that is so problematic:

If these measure(s) are complete pursuant to the agreement, the ..., property owner, subsequent owner, … will not have a cause of action against the condominium developer or contractor for damage to the property arising from the prior use of reactive drywall or from the repairs, regardless of the later adoption of government laws, rules, or ordinances establishing repair standards ... that take effect after the date of the agreement.

The above text of the bill states that the owners will not have cause of action against a developer or contractor for prior damages resulting from prior use of reactive drywall or from repairs (indicating that faulty drywall repairs are acceptable) regardless of the later adoption of government laws, rules or ordinances establishing repair standards. Simply, builders are immune from damages resulting from their use of reactive (Chinese) drywall and the repairs they have made to remediate the properties. They are being given immunity... yes, immunity, from any future legislation that may establish repair standards, their lack thereof to meet these standards if repair attempts were made previously and any damages resulting from the use of reactive (Chinese) drywall.

The repair standards and any future legislation would benefit homeowners and property owners and would allow property owners to seek damages resulting from the use of the reactive drywall, substandard repairs and even personal, property and financial injury. Allowing legislators and government bodies to mandate repair standards for the remediation of reactive drywall is to the benefit of the owner and the occupants. This bill is a special interest bill that seeks to protect a handful of developers and builders from mistakes they made and damages they caused as a direct result of their business practices.

This bill is anti-consumer, anti-homeowner, anti-family and anti-children. These properties are poisoning occupants and destroying financial value. This bill seeks to protect the financial gains made by developers and builders who profited from a thriving construction market and increased profit while decreasing quality and concern for the consumers well-being.

Unfortunately, this measure passed and several responsible representatives stood behind the consumer and voted NO. Representatives Jenne, Lang, Rader and Taylor should be congratulated on taking a stand and supporting families and property owners against special interest and irresponsible corporations seeking to shield themselves from liabilities they have created.

Those representatives, Rep. Patterson, Grady, Domino, Eisnaugle, Flores, Hays, Nehr, Nelson, Wood and Workman, who allowed this measure to pass or voted YES, can be reached via email at the addresses listed below. Take the time to email them your position on consumer protectionism and the value of large corporations and special interests to your life.

Debbie.mayfield@myfloridahouse.gov

bennett.mike.web@flsenate.gov

Pat.patterson@myfloridahouse.gov

Tom.grady@myfloridahouse.gov

Carl.domino@myfloridahouse.gov

Eric.Eisnaugle@myfloridahouse.gov

Anitere.Flores@myfloridahouse.gov

Alan.Hays@myfloridahouse.gov

Peter.Nehr@myfloridahouse.gov

Bryan.Nelson@myfloridahouse.gov

John.Wood@myfloridahouse.gov

Ritch.Workman@myfloridahouse.gov

When a State and a people, including its elected representatives, take a stance that benefits a few rather than the whole, the people lose. In this instance the people of the State of Florida are losing their right to seek damages against corporations who used faulty drywall and business practices. By supporting politicians who support special interests, the people are allowing these politicians through HB 1133 to waive this right on their behalf to the developers and builders even if repairs were made incorrectly, insufficiently and/or in violation of any future governmental mandate regarding the method, quality or practice of correcting properties where reactive drywall is or has been present.

In and around Orlando and the State of Florida, hundreds if not thousands of properties are affected by reactive (Chinese) drywall and owners/occupants are experiencing financial damage, property damage and physical damage as a result. HB 1133 will effect all Floridians in one way, shape or form and it is the responsibility of all Floridians and Americans to support the interests of the people and to urge their politcians to do the same.

For more information on HB 1133, click here to be redirected to the proper page at the Florida House of Representatives.