Orlando Sentinel Editorial Opposes HB 1013
The Orlando Sentinel Editorial page of April 4, 2012, has come out in opposition to HB 1013, the anti-common law implied warranty legislation. The editorial is reprinted in part below. To view the full editorial please follow the link. Do not forget to contact the Governor’s office to veto this legislation.
When a leaking underground drainage system pitted roads and driveways and created sinkholes in lawns at aWinter Garden subdivision, homeowners sued the developer to cover the damage and repair costs. After conflicting rulings in lower courts, the case reached the Florida Supreme Court, which heard arguments on it in December.
But before the justices had issued a ruling, the Florida Legislature stepped in like Judge Judy and moved to decide the case — and any future ones like it — in favor of the developer.
Lawmakers often carp about being pre-empted or overruled by "activist judges." But in this case, lawmakers trumped the judges.
The bill is on its way to Gov. Rick Scott’s desk. If he signs it, the Winter Garden homeowners likely will get stuck with the bill for re-engineering and repairing their subdivision’s faulty drainage system, at $3,800 per house. And homeowners who find themselves in a similar predicament in the future will have fewer options in seeking compensation.