Florida Senate - 2024 SB 612 By Senator Hooper 21-00589A-24 2024612__ Page 1 of 13 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to building construction regulations 2 and system warranties; amending s. 489.105, F.S.; 3 revising

definitions; amending s. 553.775, F.S.; 4 authorizing prevailing parties in proceedings on 5

interpretations of the Florida Building Code and the 6 Florida Accessibility Code for Building Construction 7 to recover attorney fees; amending s. 559.956, F.S.; 8 providing that certain provisions governing the 9 transfer of HVAC manufacturer’s warranties apply to 10 transfers made on or after a specified date; 11 prohibiting HVAC manufacturer’s warranties from being 12 conditioned upon the product registration; providing 13 applicability; removing provisions relating to HVAC 14 manufacturer’s warranty registration; creating s. 15 559.957, F.S.; providing the effective date for 16 certain HVAC system and component warranties under a 17 specified circumstance; providing required information 18 for warranty and product registration cards and forms; 19 prohibiting HVAC system and component warranties from 20 being conditioned upon product registration; providing 21 an effective date. 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25

Section 1. Paragraphs (f), (g), and (

i) of subsection (3) 26 of

section 489.105, Florida Statutes, are amended to read: 27 489.105

Definitions.—As used in this part: 28 (3) “Contractor” means the person who is qualified for, and 29

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 2 of 13 CODING: Words stricken are deletions; words underlined are additions. is only responsible for, the project contracted for and means, 30 except as exempted in this part, the person who, for 31 compensation, undertakes to, submits a bid to, or does himself 32 or herself or by others construct, repair, alter, remodel, add 33 to, demolish, subtract from, or improve any building or 34 structure, including related improvements to real estate, for 35 others or for resale to others; and whose job scope is 36 substantially similar to the job scope described in one of the 37 paragraphs of this subsection.

For the purposes of regulation 38 under this part, the term “demolish” applies only to demolition 39 of steel tanks more than 50 feet in height; towers more than 50 40 feet in height; other structures more than 50 feet in height; 41 and all buildings or residences.

Contractors are subdivided into 42 two divisions, Division I, consisting of those contractors 43 defined in paragraphs (a)-(c), and Division II, consisting of 44 those contractors defined in paragraphs (d)-(q): 45 (f) “Class A air-conditioning contractor” means a 46 contractor whose services are unlimited in the execution of 47 contracts requiring the experience, knowledge, and skill to 48 install, maintain, repair, fabricate, alter, extend, or design, 49 if not prohibited by law, central air-conditioning, 50 refrigeration, heating, and ventilating systems, including duct 51 work in connection with a complete system if such duct work is 52 performed by the contractor as necessary to complete an air-53 distribution system, boiler and unfired pressure vessel systems, 54 and all appurtenances, apparatus, or equipment used in 55 connection therewith, and any duct cleaning and equipment 56 sanitizing that requires at least a partial disassembling of the 57 system; to install, maintain, repair, fabricate, alter, extend, 58

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 3 of 13 CODING: Words stricken are deletions; words underlined are additions. or design, if not prohibited by law, piping, insulation of 59 pipes, vessels and ducts, pressure and process piping, and 60 pneumatic control piping; to replace, disconnect, or reconnect 61 power wiring on the line or load side of the dedicated existing 62 electrical disconnect switch on single-phase electrical systems; 63 to repair or replace power wiring, disconnects, breakers, or 64 fuses for dedicated HVAC circuits; to install, disconnect, and 65 reconnect low voltage heating, ventilating, and air-conditioning 66 control wiring; and to install a condensate drain from an air-67 conditioning unit to an existing safe waste or other approved 68 disposal other than a direct connection to a sanitary system. 69 The scope of work for such contractor also includes any 70 excavation work incidental thereto, but does not include any 71 work such as liquefied petroleum or natural gas fuel lines 72 within buildings, except for disconnecting or reconnecting 73 changeouts of liquefied petroleum or natural gas appliances 74 within buildings; potable water lines or connections thereto; 75 sanitary sewer lines; swimming pool piping and filters; or 76 electrical power wiring.

A Class A air-conditioning contractor 77 may test and evaluate central air-conditioning, refrigeration, 78 heating, and ventilating systems, including duct work; however, 79 a mandatory licensing requirement is not established for the 80 performance of these specific 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

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 4 of 13 CODING: Words stricken are deletions; words underlined are additions. 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; to install, disconnect, and 100 reconnect low voltage heating, ventilating, and air-conditioning 101 control wiring; and to install a condensate drain from an air-102 conditioning unit to an existing safe waste or other approved 103 disposal other than a direct connection to a sanitary system. 104 The scope of work for such contractor also includes any 105 excavation work incidental thereto, but does not include any 106 work such as liquefied petroleum or natural gas fuel lines 107 within buildings, except for disconnecting or reconnecting 108 changeouts of liquefied petroleum or natural gas appliances 109 within buildings; potable water lines or connections thereto; 110 sanitary sewer lines; swimming pool piping and filters; or 111 electrical power wiring.

A Class B air-conditioning contractor 112 may test and evaluate central air-conditioning, refrigeration, 113 heating, and ventilating systems, including duct work; however, 114 a mandatory licensing requirement is not established for the 115 performance of these specific services. 116

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 5 of 13 CODING: Words stricken are deletions; words underlined are additions. (i) “Mechanical contractor” means a contractor whose 117 services are unlimited in the execution of contracts requiring 118 the experience, knowledge, and skill to install, maintain, 119 repair, fabricate, alter, extend, or design, if not prohibited 120 by law, central air-conditioning, refrigeration, heating, and 121 ventilating systems, including duct work in connection with a 122 complete system if such duct work is performed by the contractor 123 as necessary to complete an air-distribution system, boiler and 124 unfired pressure vessel systems, lift station equipment and 125 piping, and all appurtenances, apparatus, or equipment used in 126 connection therewith, and any duct cleaning and equipment 127 sanitizing that requires at least a partial disassembling of the 128 system; to install, maintain, repair, fabricate, alter, extend, 129 or design, if not prohibited by law, piping, insulation of 130 pipes, vessels and ducts, pressure and process piping, pneumatic 131 control piping, gasoline tanks and pump installations and piping 132 for same, standpipes, air piping, vacuum line piping, oxygen 133 lines, nitrous oxide piping, ink and chemical lines, fuel 134 transmission lines, liquefied petroleum gas lines within 135 buildings, and natural gas fuel lines within buildings; to 136 replace, disconnect, or reconnect power wiring on the line or 137 load side of the dedicated existing electrical disconnect switch 138 on single-phase electrical systems; to repair or replace power 139 wiring, disconnects, breakers, or fuses for dedicated HVAC 140 circuits; to install, disconnect, and reconnect low voltage 141 heating, ventilating, and air-conditioning control wiring; and 142 to install a condensate drain from an air-conditioning unit to 143 an existing safe waste or other approved disposal other than a 144 direct connection to a sanitary system.

The scope of work for 145

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 6 of 13 CODING: Words stricken are deletions; words underlined are additions. such contractor also includes any excavation work incidental 146 thereto, but does not include any work such as potable water 147 lines or connections thereto, sanitary sewer lines, swimming 148 pool piping and filters, or electrical power wiring. A 149 mechanical contractor may test and evaluate central air-150 conditioning, refrigeration, heating, and ventilating systems, 151 including duct work; however, a mandatory licensing requirement 152 is not established for the performance of these specific 153 services. 154

Section 2. Paragraph (

c) of subsection (3) of

section 155 553.775, Florida Statutes, is amended to read: 156 553.775

Interpretations.— 157

(3) The following procedures may be invoked regarding 158

interpretations of the Florida Building Code or the Florida 159 Accessibility Code for Building Construction: 160 (

c) The commission shall review decisions of local building 161 officials and local enforcement agencies regarding 162

interpretations of the Florida Building Code or the Florida 163 Accessibility Code for Building Construction after the local 164 board of appeals has considered the decision, if such board 165 exists, and if such appeals process is concluded within 25 166 business days. 167 1. The commission shall coordinate with the Building 168 Officials Association of Florida, Inc., to designate a panel 169 composed of seven members to hear requests to review decisions 170 of local building officials. Five members must be licensed as 171 building code administrators under

part XII of

chapter 468, one 172 member must be licensed as an architect under

chapter 481, and 173 one member must be licensed as an engineer under

chapter 471. 174

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 7 of 13 CODING: Words stricken are deletions; words underlined are additions. Each member must have experience interpreting or enforcing 175 provisions of the Florida Building Code and the Florida 176 Accessibility Code for Building Construction. 177 2.

Requests to review a decision of a local building 178 official interpreting provisions of the Florida Building Code or 179 the Florida Accessibility Code for Building Construction may be 180 initiated by any substantially affected person, including an 181 owner or builder subject to a decision of a local building 182 official or an association of owners or builders having members 183 who are subject to a decision of a local building official. In 184 order to initiate review, the substantially affected person must 185 file a petition with the commission.

The commission shall adopt 186 a form for the petition, which shall be published on the 187 Building Code Information System. The form shall, at a minimum, 188 require the following: 189 a. The name and address of the county or municipality in 190 which provisions of the Florida Building Code or the Florida 191 Accessibility Code for Building Construction are being 192 interpreted. 193 b. The name and address of the local building official who 194 has made the

interpretation being appealed. 195 c. The name, address, and telephone number of the 196 petitioner; the name, address, and telephone number of the 197 petitioner’s representative, if any; and an explanation of how 198 the petitioner’s substantial interests are being affected by the 199 local

interpretation of the Florida Building Code or the Florida 200 Accessibility Code for Building Construction. 201 d. A statement of the provisions of the Florida Building 202 Code or the Florida Accessibility Code for Building Construction 203

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 8 of 13 CODING: Words stricken are deletions; words underlined are additions. which are being interpreted by the local building official. 204 e. A statement of the

interpretation given to provisions of 205 the Florida Building Code or the Florida Accessibility Code for 206 Building Construction by the local building official and the 207 manner in which the

interpretation was rendered. 208 f. A statement of the

interpretation that the petitioner 209 contends should be given to the provisions of the Florida 210 Building Code or the Florida Accessibility Code for Building 211 Construction and a statement supporting the petitioner’s 212

interpretation. 213 g. Space for the local building official to respond in 214 writing. The space shall, at a minimum, require the local 215 building official to respond by providing a statement admitting 216 or denying the statements contained in the petition and a 217 statement of the

interpretation of the provisions of the Florida 218 Building Code or the Florida Accessibility Code for Building 219 Construction which the local jurisdiction or the local building 220 official contends is correct, including the basis for the 221

interpretation. 222 3. The petitioner shall submit the petition to the local 223 building official, who shall place the date of receipt on the 224 petition. The local building official shall respond to the 225 petition in accordance with the form and shall return the 226 petition along with his or her response to the petitioner within 227 5 days after receipt, exclusive of Saturdays, Sundays, and legal 228 holidays. The petitioner may file the petition with the 229 commission at any time after the local building official 230 provides a response. If no response is provided by the local 231 building official, the petitioner may file the petition with the 232

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 9 of 13 CODING: Words stricken are deletions; words underlined are additions. commission 10 days after submission of the petition to the local 233 building official and shall note that the local building 234 official did not respond. 235 4.

Upon receipt of a petition that meets the requirements 236 of subparagraph 2., the commission shall immediately provide 237 copies of the petition to the panel, and the commission shall 238 publish the petition, including any response submitted by the 239 local building official, on the Building Code Information System 240 in a manner that allows interested persons to address the issues 241 by posting comments. 242 5.

The panel shall conduct proceedings as necessary to 243 resolve the issues; shall give due regard to the petitions, the 244 response, and to comments posed on the Building Code Information 245 System; and shall issue an

interpretation regarding the 246 provisions of the Florida Building Code or the Florida 247 Accessibility Code for Building Construction within 21 days 248 after the filing of the petition. The panel shall render a 249 determination based upon the Florida Building Code or the 250 Florida Accessibility Code for Building Construction or, if the 251 code is ambiguous, the intent of the code. The panel’s 252

interpretation shall be provided to the commission, which shall 253 publish the

interpretation on the Building Code Information 254 System and in the Florida Administrative Register. The 255

interpretation shall be considered an

interpretation entered by 256 the commission, and shall be binding upon the parties and upon 257 all jurisdictions subject to the Florida Building Code or the 258 Florida Accessibility Code for Building Construction, unless it 259 is superseded by a declaratory statement issued by the Florida 260 Building Commission or by a final order entered after an appeal 261

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 10 of 13 CODING: Words stricken are deletions; words underlined are additions. proceeding conducted in accordance with subparagraph 7. The 262 prevailing party is entitled to the recovery of all attorney 263 fees accrued from the losing party. 264 6. It is the intent of the Legislature that review 265 proceedings be completed within 21 days after the date that a 266 petition seeking review is filed with the commission, and the 267 time periods set forth in this paragraph may be waived only upon 268 consent of all parties. 269 7. Any substantially affected person may appeal an 270

interpretation rendered by the panel by filing a petition with 271 the commission. Such appeals shall be initiated in accordance 272 with

chapter 120 and the uniform rules of procedure and must be 273 filed within 30 days after publication of the

interpretation on 274 the Building Code Information System or in the Florida 275 Administrative Register. Hearings shall be conducted pursuant to 276

chapter 120 and the uniform rules of procedure. Decisions of the 277 commission are subject to judicial review pursuant to s. 120.68. 278 The final order of the commission is binding upon the parties 279 and upon all jurisdictions subject to the Florida Building Code 280 or the Florida Accessibility Code for Building Construction. 281 8. The burden of proof in any proceeding initiated in 282 accordance with subparagraph 7. is on the party who initiated 283 the appeal. 284 9.

In any review proceeding initiated in accordance with 285 this paragraph, including any proceeding initiated in accordance 286 with subparagraph 7., the fact that an owner or builder has 287 proceeded with construction may not be grounds for determining 288 an issue to be moot if the issue is one that is likely to arise 289 in the future. 290

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 11 of 13 CODING: Words stricken are deletions; words underlined are additions. 291 This paragraph provides the exclusive remedy for addressing 292 requests to review local

interpretations of the Florida Building 293 Code or the Florida Accessibility Code for Building Construction 294 and appeals from review proceedings. 295

Section

Section 559.956, Florida Statutes, is amended to 296 read: 297 559.956 Registrations and Transfers of heating, 298 ventilation, and air-conditioning system manufacturer 299 warranties; required contractor documentation.— 300

(1) If a residential real property that includes a heating, 301 ventilation, and air-conditioning (HVAC) system as a fixture to 302 the property is conveyed to a new owner on or after July 1, 303 2024, a manufacturer’s warranty in effect on that system or a 304 component of that system: 305 (

a) Is automatically transferred to the new owner; and 306 (

b) Continues in effect as if the new owner was the 307 original purchaser of such system or component, as applicable. 308

(2) A warrantor continues to be obligated under the terms 309 of a manufacturer’s warranty agreement for a warranty 310 transferred under this

section and may not charge a fee for the 311 transfer of the warranty. 312

(3) The transfer of a manufacturer’s warranty under this 313

section does not extend the remaining term of the warranty. 314

(4) A manufacturer’s warranty of an HVAC system or a 315 component of the system may not be in any way conditioned upon 316 the product registration. 317

(5) This

section applies if: 318 (

a) A sale of a residential property that includes an HVAC 319

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 12 of 13 CODING: Words stricken are deletions; words underlined are additions. system as a fixture to the property occurs on or after July 1, 320 2024. 321 (

b) A manufacturer’s warranty is still in effect on the 322 HVAC system or a component of the system. A manufacturer’s 323 warranty for an HVAC system is deemed registered with the 324 manufacturer if a contractor licensed under

part I of

chapter 325 489: 326 (

a) Installs the new HVAC system; and 327 (

b) Provides the manufacturer of the HVAC system with the 328 date of the issuance of the certificate of occupancy for 329 installations relating to new construction, or the serial number 330 of the HVAC system for installations relating to existing 331 construction, as applicable. 332

(5) A contractor licensed under

part I of

chapter 489 who 333 installs a new HVAC system must document the installation 334 through an invoice or a receipt and provide the invoice or 335 receipt to the customer. 336

Section

Section 559.957, Florida Statutes, is created to 337 read: 338 559.957 Registration of heating, ventilation, and air-339 conditioning systems; prohibition against warranty conditioned 340 upon registration.— 341

(1) The full length of a manufacturer’s, distributor’s, or 342 retailer’s warranty of a heating, ventilation, and air-343 conditioning (HVAC) system or any component of the system is 344 effective in this state on the date of installation if installed 345 by a contractor licensed under

part I of

chapter 489. 346

(2) If a manufacturer, distributor, or retailer of an HVAC 347 system or any component of the system provides a warranty or 348

Florida Senate - 2024 SB 612 21-00589A-24 2024612__ Page 13 of 13 CODING: Words stricken are deletions; words underlined are additions. product registration card or form, or an electronic, online 349 warranty or product registration form, the card or form must 350 contain the following information, displayed in a clear and 351 conspicuous manner: 352 (

a) The card or form is for the product registration. 353 (

b) Failure to complete and return the card or form does 354 not diminish any warranty rights or decrease the warranty 355 length. 356

(3) Any offered manufacturer’s, distributor’s, or 357 retailer’s warranty of an HVAC system or a component of the 358 system may not be in any way conditioned upon the product 359 registration. 360

Section 5. This act shall take effect July 1, 2024. 361