The new statute modifies the definitions of work that can be performed by Class A and B HVAC contractors and Mechanical contractors in Florida to include additional electrical work. It also requires warranties on HVAC systems to be transferable and eliminates certain hurdles to transferability.
The statute first amend the portions of 489.105, Florida Statutes, that define the work that Class A air-conditioning contractor, Class B air-conditioning contractor, and Mechanical contractors can do in Florida. Specifically, the following, underlined language is added to the scope of work allowed for each license:
to replace, disconnect, or reconnect power wiring on the line or load side of the dedicated existing electrical disconnect switch on single phase electrical systems; to repair or replace power wiring, disconnects, breakers, or fuses for dedicated HVAC circuits with proper use of a circuit breaker lock
This alters the type of electrical work HVAC contractors can perform.
The second major change impacts warranties for HVAC systems and how they can and must be transferred to new property owners after July 1, 2024.
First, 559.956, Florida Statutes, is amended to add the following language and remove prior language that dealt with registration of HVAC system warranties:
(4) A manufacturer's warranty of a HVAC system or a component of the system may not be in any way conditioned upon the product registration.
(5) This section applies if:
(a) A sale of a residential property that includes an HVAC system as a fixture to the property occurs on or after July 1, 2024.
(b) A manufacturer's warranty is still in effect on the HVAC system or a component of the system.
Second, a new statute, 559.957, Florida Statutes, is created, which also addresses the registration of HVAC system warranties, and adds the following requirements:
(1) The full length of a manufacturer's, distributor's, or retailer's warranty of a heating, ventilation, and air-conditioning (HVAC) system or any component of the system is effective in this state on the date of installation if installed by a contractor licensed under part I of chapter 489.
(2) If a manufacturer, distributor, or retailer of a HVAC system or any component of the system provides a warranty or product registration card or form, or an electronic, online warranty or product registration form, the card or form must contain the following information, displayed in a clear and conspicuous manner:
(a) The card or form is for the product registration.
(b) Failure to complete and return the card or form does not diminish any warranty rights or decrease the warranty length.
(3) Any offered manufacturer's, distributor's, or retailer's warranty of a HVAC system or a component of the system may not be in any way conditioned upon the product registration.
If enacted, the statute would take effect July 1, 2024.