[RPPTL LandTen] Radon Gas Disclosure

[Haney, Gregory]

Yes, it is. For some reason I had actually looked this up recently.  Here you go:

http://www.flsenate.gov/Laws/Statutes/2012/404.161
404.161 Penalties.—
(1) Any person who violates any of the provisions of this chapter or any rule promulgated hereunder is guilty of a felony of the third degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082>, s. 775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>, or s. 775.084<http://www.flsenate.gov/Laws/Statutes/2012/775.084>.
(2) Any person who interferes with, hinders, or opposes any agent, officer, or member of the department in the discharge of his or her duties under this chapter is guilty of a felony of the third degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082>, s. 775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>, or s. 775.084<http://www.flsenate.gov/Laws/Statutes/2012/775.084>.
(3) Any person who fails to comply with a lawful order issued pursuant to this chapter within the time fixed by the department or the time allowed for review under s. 404.163<http://www.flsenate.gov/Laws/Statutes/2012/404.163>, whichever is longer, is guilty of a felony of the third degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082>, s. 775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>, or s. 775.084<http://www.flsenate.gov/Laws/Statutes/2012/775.084>.
(4) Any person who is not an official of another state and who violates any of the provisions of the Southeast Interstate Low-Level Radioactive Waste Compact is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082<http://www.flsenate.gov/Laws/Statutes/2012/775.082> or s.775.083<http://www.flsenate.gov/Laws/Statutes/2012/775.083>.





Gregory R. Haney | Shumaker
Attorney at Law
Board Certified in Real Estate Law
Bank of America Plaza, Suite 2800
101 East Kennedy Boulevard | Tampa, FL  33602
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ghaney at slk-law.com | bio<http://www.slk-law.com/Lawyers/Gregory-Scott-R-Haney> | LinkedIn<http://www.linkedin.com/in/gregoryhaney>

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Eric.Rapkin at akerman.com
Sent: Wednesday, June 18, 2014 12:18 PM
To: landten at lists.flabarrpptl.org
Subject: Re: [RPPTL LandTen] Radon Gas Disclosure

Technically, isn't any violation of Chapter 404 regarding radon a felony? I could see Fla Dept of Law Enforcement having a Radon Notice Task Force and rounding up attorneys who forget the notice in a lease or sale contract. And many form sale contracts are incorrect because they quote the old language about county public health unit instead of county health department.

Eric D. Rapkin
Akerman LLP | Las Olas Centre II, Suite 1600 | 350 East Las Olas Boulevard | Fort Lauderdale, FL 33301-2999
Dir: 954.759.8962 | Main: 954.463.2700 | Cell: 305.343.6129 | Fax: 954.847.5350
eric.rapkin at akerman.com<mailto:eric.rapkin at akerman.com>

From: landten-bounces at lists.flabarrpptl.org<mailto:landten-bounces at lists.flabarrpptl.org> [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Bob Wunker
Sent: Wednesday, June 18, 2014 12:07 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Radon Gas Disclosure

It seems to me the Johnson v Davis and its progeny for undisclosed, and with radon a covert hazardous, conditions would apply.  Radon is estimated to cause about 21,000 lung cancer deaths per year, according to EPA's 2003 Assessment of Risks from Radon in Homes (EPA 402-R-03-003)<http://www.epa.gov/radon/risk_assessment.html>.  Risk of lung cancer from radon is significantly increased for smokers, and even former smokers.  Thus, the legal remedy for failure to warn would seem to be a personal injury or wrongful death action if such result developed.  I don't know of a statutory or regulatory remedy for failure to give the notice however.  Giving the notice is a protective measure thus putting a lessee or buyer on notice to test for radon or bear the risk.

If a lessee tests and discovers radon to be at an unacceptable level, the lessee might be able to negotiate a modification of the financial cost of the lease and require the landlord to rehabilitate the premises.

Robert L. Wunker
Cell: 561-866-4544

On Wed, Jun 18, 2014 at 11:35 AM, Chuck Hoskin <CHoskin at esclaw.com<mailto:CHoskin at esclaw.com>> wrote:
I sent this around yesterday and only got one response asking me to tell them what I found out.  I was competing with UPL of eviction forms preparers.

Can anyone direct me to legal authority for a remedy for failure to give the Radon Gas Disclosure in a commercial lease?  Thanks.

Chuck Hoskin

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