Florida Senate - 2024 CS for SB 612 By the Committee on Commerce and Tourism; and Senator Hooper 577-02157-24 2024612c1 1 A bill to be entitled 2 An act relating to building construction regulations 3 and system warranties; amending s. 489.105, F.S.; 4 revising definitions; amending s. 559.956, F.S.; 5 providing that certain provisions governing the 6 transfer of heating, ventilation, and air-conditioning 7 (HVAC) system manufacturers warranties apply to 8 transfers made on or after a specified date; 9 prohibiting HVAC system manufacturers warranties from 10 being conditioned upon the product registration; 11 providing applicability; removing provisions relating 12 to an HVAC system manufacturers warranty 13 registration; creating s. 559.957, F.S.; providing the 14 effective date for certain HVAC system and component 15 warranties under a specified circumstance; providing 16 required information for warranty and product 17 registration cards and forms; prohibiting HVAC system 18 and component warranties from being conditioned upon 19 product registration; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Paragraphs (f), (g), and (i) of subsection (3) 24 of section 489.105, Florida Statutes, are amended to read: 25 489.105Definitions.As used in this part: 26 (3)Contractor means the person who is qualified for, and 27 is only responsible for, the project contracted for and means, 28 except as exempted in this part, the person who, for 29 compensation, undertakes to, submits a bid to, or does himself 30 or herself or by others construct, repair, alter, remodel, add 31 to, demolish, subtract from, or improve any building or 32 structure, including related improvements to real estate, for 33 others or for resale to others; and whose job scope is 34 substantially similar to the job scope described in one of the 35 paragraphs of this subsection. For the purposes of regulation 36 under this part, the term demolish applies only to demolition 37 of steel tanks more than 50 feet in height; towers more than 50 38 feet in height; other structures more than 50 feet in height; 39 and all buildings or residences. Contractors are subdivided into 40 two divisions, Division I, consisting of those contractors 41 defined in paragraphs (a)-(c), and Division II, consisting of 42 those contractors defined in paragraphs (d)-(q): 43 (f)Class A air-conditioning contractor means a 44 contractor whose services are unlimited in the execution of 45 contracts requiring the experience, knowledge, and skill to 46 install, maintain, repair, fabricate, alter, extend, or design, 47 if not prohibited by law, central air-conditioning, 48 refrigeration, heating, and ventilating systems, including duct 49 work in connection with a complete system if such duct work is 50 performed by the contractor as necessary to complete an air 51 distribution system, boiler and unfired pressure vessel systems, 52 and all appurtenances, apparatus, or equipment used in 53 connection therewith, and any duct cleaning and equipment 54 sanitizing that requires at least a partial disassembling of the 55 system; to install, maintain, repair, fabricate, alter, extend, 56 or design, if not prohibited by law, piping, insulation of 57 pipes, vessels and ducts, pressure and process piping, and 58 pneumatic control piping; to replace, disconnect, or reconnect 59 power wiring on the line or load side of the dedicated existing 60 electrical disconnect switch on single-phase electrical systems; 61 to repair or replace power wiring, disconnects, breakers, or 62 fuses for dedicated heating, ventilating, and air-conditioning 63 (HVAC) circuits with proper use of a circuit breaker lock; to 64 install, disconnect, and reconnect low voltage heating, 65 ventilating, and air-conditioning control wiring; and to install 66 a condensate drain from an air-conditioning unit to an existing 67 safe waste or other approved disposal other than a direct 68 connection to a sanitary system. The scope of work for such 69 contractor also includes any excavation work incidental thereto, 70 but does not include any work such as liquefied petroleum or 71 natural gas fuel lines within buildings, except for 72 disconnecting or reconnecting changeouts of liquefied petroleum 73 or natural gas appliances within buildings; potable water lines 74 or connections thereto; sanitary sewer lines; swimming pool 75 piping and filters; or electrical power wiring. A Class A air 76 conditioning contractor may test and evaluate central air 77 conditioning, refrigeration, heating, and ventilating systems, 78 including duct work; however, a mandatory licensing requirement 79 is not established for the performance of these specific 80 services. 81 (g)Class B air-conditioning contractor means a 82 contractor whose services are limited to 25 tons of cooling and 83 500,000 Btu of heating in any one system in the execution of 84 contracts requiring the experience, knowledge, and skill to 85 install, maintain, repair, fabricate, alter, extend, or design, 86 if not prohibited by law, central air-conditioning, 87 refrigeration, heating, and ventilating systems, including duct 88 work in connection with a complete system only to the extent 89 such duct work is performed by the contractor as necessary to 90 complete an air-distribution system being installed under this 91 classification, and any duct cleaning and equipment sanitizing 92 that requires at least a partial disassembling of the system; to 93 install, maintain, repair, fabricate, alter, extend, or design, 94 if not prohibited by law, piping and insulation of pipes, 95 vessels, and ducts; to replace, disconnect, or reconnect power 96 wiring on the line or load side of the dedicated existing 97 electrical disconnect switch on single-phase electrical systems; 98 to repair or replace power wiring, disconnects, breakers, or 99 fuses for dedicated HVAC circuits with proper use of a circuit 100 breaker lock; to install, disconnect, and reconnect low voltage 101 heating, ventilating, and air-conditioning control wiring; and 102 to install a condensate drain from an air-conditioning unit to 103 an existing safe waste or other approved disposal other than a 104 direct connection to a sanitary system. The scope of work for 105 such contractor also includes any excavation work incidental 106 thereto, but does not include any work such as liquefied 107 petroleum or natural gas fuel lines within buildings, except for 108 disconnecting or reconnecting changeouts of liquefied petroleum 109 or natural gas appliances within buildings; potable water lines 110 or connections thereto; sanitary sewer lines; swimming pool 111 piping and filters; or electrical power wiring. A Class B air 112 conditioning contractor may test and evaluate central air 113 conditioning, refrigeration, heating, and ventilating systems, 114 including duct work; however, a mandatory licensing requirement 115 is not established for the performance of these specific 116 services. 117 (i)Mechanical contractor means a contractor whose 118 services are unlimited in the execution of contracts requiring 119 the experience, knowledge, and skill to install, maintain, 120 repair, fabricate, alter, extend, or design, if not prohibited 121 by law, central air-conditioning, refrigeration, heating, and 122 ventilating systems, including duct work in connection with a 123 complete system if such duct work is performed by the contractor 124 as necessary to complete an air-distribution system, boiler and 125 unfired pressure vessel systems, lift station equipment and 126 piping, and all appurtenances, apparatus, or equipment used in 127 connection therewith, and any duct cleaning and equipment 128 sanitizing that requires at least a partial disassembling of the 129 system; to install, maintain, repair, fabricate, alter, extend, 130 or design, if not prohibited by law, piping, insulation of 131 pipes, vessels and ducts, pressure and process piping, pneumatic 132 control piping, gasoline tanks and pump installations and piping 133 for same, standpipes, air piping, vacuum line piping, oxygen 134 lines, nitrous oxide piping, ink and chemical lines, fuel 135 transmission lines, liquefied petroleum gas lines within 136 buildings, and natural gas fuel lines within buildings; to 137 replace, disconnect, or reconnect power wiring on the line or 138 load side of the dedicated existing electrical disconnect switch 139 on single-phase electrical systems; to repair or replace power 140 wiring, disconnects, breakers, or fuses for dedicated HVAC 141 circuits with proper use of a circuit breaker lock; to install, 142 disconnect, and reconnect low voltage heating, ventilating, and 143 air-conditioning control wiring; and to install a condensate 144 drain from an air-conditioning unit to an existing safe waste or 145 other approved disposal other than a direct connection to a 146 sanitary system. The scope of work for such contractor also 147 includes any excavation work incidental thereto, but does not 148 include any work such as potable water lines or connections 149 thereto, sanitary sewer lines, swimming pool piping and filters, 150 or electrical power wiring. A mechanical contractor may test and 151 evaluate central air-conditioning, refrigeration, heating, and 152 ventilating systems, including duct work; however, a mandatory 153 licensing requirement is not established for the performance of 154 these specific services. 155 Section 2.Section 559.956, Florida Statutes, is amended to 156 read: 157 559.956Registrations and Transfers of heating, 158 ventilation, and air-conditioning system manufacturer 159 warranties; required contractor documentation. 160 (1)If a residential real property that includes a heating, 161 ventilation, and air-conditioning (HVAC) system as a fixture to 162 the property is conveyed to a new owner on or after July 1, 163 2024, a manufacturers warranty in effect on that system or a 164 component of that system: 165 (a)Is automatically transferred to the new owner; and 166 (b)Continues in effect as if the new owner was the 167 original purchaser of such system or component, as applicable. 168 (2)A warrantor continues to be obligated under the terms 169 of a manufacturers warranty agreement for a warranty 170 transferred under this section and may not charge a fee for the 171 transfer of the warranty. 172 (3)The transfer of a manufacturers warranty under this 173 section does not extend the remaining term of the warranty. 174 (4)A manufacturers warranty of an HVAC system or a 175 component of the system may not be in any way conditioned upon 176 the product registration. 177 (5)This section applies if: 178 (a)A sale of a residential property that includes an HVAC 179 system as a fixture to the property occurs on or after July 1, 180 2024. 181 (b)A manufacturers warranty is still in effect on the 182 HVAC system or a component of the system. A manufacturers 183 warranty for an HVAC system is deemed registered with the 184 manufacturer if a contractor licensed under part I of chapter 185 489: 186 (a)Installs the new HVAC system; and 187 (b)Provides the manufacturer of the HVAC system with the 188 date of the issuance of the certificate of occupancy for 189 installations relating to new construction, or the serial number 190 of the HVAC system for installations relating to existing 191 construction, as applicable. 192 (5)A contractor licensed under part I of chapter 489 who 193 installs a new HVAC system must document the installation 194 through an invoice or a receipt and provide the invoice or 195 receipt to the customer. 196 Section 3.Section 559.957, Florida Statutes, is created to 197 read: 198 559.957Registration of heating, ventilation, and air 199 conditioning systems; prohibition against warranty conditioned 200 upon registration. 201 (1)The full length of a manufacturers, distributors, or 202 retailers warranty of a heating, ventilation, and air 203 conditioning (HVAC) system or any component of the system is 204 effective in this state on the date of installation if installed 205 by a contractor licensed under part I of chapter 489. 206 (2)If a manufacturer, distributor, or retailer of an HVAC 207 system or any component of the system provides a warranty or 208 product registration card or form, or an electronic, online 209 warranty or product registration form, the card or form must 210 contain the following information displayed in a clear and 211 conspicuous manner: 212 (a)The card or form is for the product registration. 213 (b)Failure to complete and return the card or form does 214 not diminish any warranty rights or decrease the warranty 215 length. 216 (3)Any offered manufacturers, distributors, or 217 retailers warranty of an HVAC system or a component of the 218 system may not be in any way conditioned upon the product 219 registration. 220 Section 4.This act shall take effect July 1, 2024.