HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 481 Building Construction Regulations and System Warranties
SPONSOR(S): Civil Justice Subcommittee, Maggard
TIED BILLS: IDEN./SIM. BILLS: SB 612
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Civil Justice Subcommittee 16 Y, 0 N, As CS Mawn Jones
2) Commerce Committee 19 Y, 0 N Wright Hamon
3) Judiciary Committee 21 Y, 0 N Mawn Kramer
SUMMARY ANALYSIS
The Florida Building Codes Act (“Building Code”), set out in part IV of ch. 553, F.S., sets minimum standards
for the design, construction, erection, alteration, modification, repair, and demolition of structures in the state.
The Building Code also incorporates all state laws and rules pertaining to such standards.
An electrical disconnect switch is a switch that isolates all wiring in a structure, or the wiring in a dedicated
electrical circuit, from its power source. Each component of an electrical circuit, including the disconnect
switch, is rated for a maximum flow of electric current, measured in amperes. Under Florida law, an HVAC unit
must have a dedicated electrical disconnect switch; electricity runs from the power source to the switch through
the switch’s “line side,” and from the switch’s “load side” to the HVAC unit. Installation of an HVAC unit or
components thereof must be done in compliance with the unit’s or component’s amperage requirem ents.
However, only a licensed electrical contractor may perform “line side” work on a dedicated HVAC electrical
disconnect switch. Thus, where components of a structure’s existing electrical circuit cannot handle the
amperage requirements of a new or repaired HVAC unit, a licensed electrical contractor is generally needed to
upgrade the insufficient components before the HVAC system contractor may turn on the new or repaired
HVAC unit.
A warranty is, in essence, a contract making assurances about the condition of a product, which contract
requires the product’s manufacturer, distributor, or retailer to replace, repair, or issue a refund for the product
under the circumstances specified in the warranty agreement. Under current law, an HVAC system warranty
runs with the property on which the system is fixed and thus transfers to a subsequent purchaser thereof
automatically. An HVAC system warranty is also considered registered if it was installed by a licensed
contractor who then provides specified documentation to the warrantor and the consumer; however, a
warrantor can still refuse to honor a warranty’s terms if the warranty is unregistered.
CS/HB 481:
Expands the scope of work for specified HVAC system contractors to include specified line-side repairs
or replacements and the repair or replacement of specified components for dedicated HVAC circuits
under specified conditions.
Prohibits the conditioning of an HVAC system warranty on product registration and specifies that the full
length of such a warranty’s coverage term begins on the date a licensed contractor installs the system.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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DATE: 1/30/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Florida Building Code
The Florida Building Codes Act (“Building Code”), established in part IV of ch. 553, F.S., provides a
mechanism for the uniform adoption, updating, interpretation, and enforcement of a single state building
code that must be applied, administered, and enforced uniformly and consistently across the state.1 The
Building Code is adopted by the Commission and enforced by local governments.2
The Building Code’s primary purpose is the regulation of new construction and existing structure
modifications to achieve the highest safety level and the fewest construction defects.3 To accomplish
this, the Building Code sets minimum standards for the design, construction, erection, alteration,
modification, repair, and demolition of structures in the state, and incorporates all state laws and rules
pertaining to such standards.4
Plan Review and Building Permits
Each local government must issue building permits for construction projects within its jurisdiction.5
However, the building official may not issue a building permit before first reviewing the plans and
specifications and finding that such plans and specifications comply with the Building Code. 6 No
person, firm, or corporation may construct, erect, alter, repair, secure, or demolish any structure without
first obtaining a building permit, if required, from the building official.7
Inspections and Violations
For any construction requiring a building permit, the building official8 must inspect the work to ensure
that it complies with the Building Code.9 Where a local government determines that an engineer,
architect, or contractor has committed a “material violation” of the Building Code and has failed to
correct the violation within a reasonable time, the local government must impose a fine on such
licensee of no less than $500 and no more than $5,000 per violation. 10 A “material violation,” as the
term is used here, is a violation existing within a completed building, structure, or facility which may
result, or has resulted, in physical harm to a person or significant damage to the performance of a
building or its systems.11
1 S. 553.72(1), F.S.
2
Ss. 125.56, 553.72, 553.73, and 553.74, F.S.
3 Fla. Bldg. Comm., Advanced Florida Building Code Principals, http://www.floridabuilding.org/Upload/Courses_trp/421-2-MATERIAL-
Adv%20FL%20Bldg%20Code%20-%20Course%20PDF%20version%207.0.pdf (last visited Jan. 24, 2024).
4 S. 553.73(1), F.S. The civil rights portions of the Accessibility Code are not incorporated.
5 A building permit is an official document or certificate issued by the local building official that authorizes performance of a sp ecific
construction activity. Ss. 125.01(1)(bb), 125.56(1), 468.603(2), and 553.80(1), F.S.
6 Ss. 125.56 and 553.79, F.S.
7 Building permits are generally not required for cosmetic improvements, such as painting or flooring replacement. S. 553.79, F.S.
8 A building official is a local government employee or a person contracted with a government entity who supervises building co de
activities. Id.
9 Id.
10 S. 553.781, F.S.
11 Id.
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Certificates of Completion or Occupancy
The building official issues a certificate of completion when an existing building or structure is
renovated or remodeled without a change in its occupancy or use, or when a shell building12 is newly
constructed, and such work passes its final building inspection. 13 When a new structure to be
occupied14 passes its final building inspection, the building official issues a certificate of occupancy.15 A
building or structure requiring a certificate of completion or occupancy generally may not be used or
occupied until the appropriate certificate is issued; however, the building official may issue a temporary
certificate of completion or occupancy before the project’s close if a portion of the building or structure
may be safely used or occupied.16 The temporary certificate grants the applicant the same rights as a
certificate of completion or occupancy but expires after a set time period unless the building official
grants an extension.17 A building official may also suspend or revoke a temporary or final certificate of
occupancy or completion if the certificate was issued in error or on the basis of incorrect information or
where it is determined that the building or structure is in violation of any ordinance, regulation, or
Building Code provision.18
HVAC System Contractors
Job Scopes
Chapter 489, F.S., regulates the profession of contracting in the state. Generally speaking, a contractor
is the person who, for compensation, undertakes to, submits a bid to, or does himself or herself or by
others construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or
structure, and whose job scope is substantially similar to the job scopes described in s. 489.105, F.S. 19
Such job scopes include a:
“Class A air-conditioning contractor,” meaning a contractor whose services are unlimited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair,
fabricate, alter, extend, or design central air-conditioning, heating, and ventilation (“HVAC”)
systems and to perform other related tasks, including replacing, disconnecting, or reconnecting
power wiring on the load side20 of the dedicated existing electrical disconnect switch. 21
“Class B air-conditioning contractor,” meaning a contractor whose services are limited in the
execution of contracts requiring the experience, knowledge, and skill to install, maintain, repair,
fabricate, alter, extend, or design HVAC systems and to perform other related tasks, including
replacing, disconnecting, or reconnecting power wiring on the load side of the dedicated existing
electrical disconnect switch.22
“Mechanical contractor,” meaning a contractor whose services are unlimited in the execution of
contracts requiring the experience, knowledge, and skill to install, maintain, repair, fabricate,
alter, extend, or design HVAC systems and to perform other tasks, 23 including replacing,
12 A shell building separates a structure’s interior space from its exterior and generally consists of the foundation, outer wal ls, roofing,
windows, and exterior doors. When a shell building is constructed, the developer leaves the structure’s interior unfi nished so that the
purchaser or tenant may contract with other construction professionals to customize its elements (including flooring, ceiling s, interior
walls, interior doors, and electrical fittings). Nassau County Building/Code Enforcement Department, Guidelines for Shell Building and
Tenant Build-Out Permits, https://www.nassaucountyfl.com/DocumentCenter/View/13984/Guidelines-for-Shell-Building-and-Tenant-
Build-Out-Permits?bidId (last visited Jan. 24, 2024).
13 Passage of a final building inspection includes obtaining approvals for all permits issued for the project (such as building and fire
permits and sub-permits such as electrical, mechanical, elevator, plumbing, and roof permits). S. 553.79(17)(a), F.S.; S. 110, Fla. Bldg.
Code, 7th Ed. (2020).
14
This includes an existing building or structure for which the occupancy classification is changing.
15 S. 111, Fla. Bldg. Code, 7th Ed. (2020).
16 Typically, the building official also requires that any outstanding w ork be nearing completion before issuing a temporary certificate.
See City of Tampa, Apply for a Temporary Certificate of Occupancy, https://www.tampa.gov/document/apply-temporary-certificate-
occupancy-tco-35571 (last visited Jan. 24, 2024) (requiring an applicant for a temporary certificate of occupancy to affirm that
construction will be complete within 90 days); id.
17 S. 111, Fla. Bldg. Code, 7th Ed. (2020).
18 Id.
19 S. 489.105(3), F.S.
20 The electrical wiring to the disconnect feed is fed from the “load side,” or outgoing side.
21 S. 489.105(3), F.S.
22 Id.
23 In addition to the tasks a class A contractor may perform, a mechanical contractor may work on medical an d fuel gas lines.
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disconnecting, or reconnecting power wiring on the load side of the dedicated existing electrical
disconnect switch.24
HVAC System Contractor Limitations
An electrical disconnect switch is a switch that isolates all wiring in a home or other structure, or the
wiring in a dedicated electrical circuit,25 from its power source.26 Electricity to a disconnect switch is fed
from the “load side,” or outgoing side, of the power source to the “line side,” or incoming side, of the
switch; electricity is then fed from the “load side” of the disconnect switch to the “line side” of the device
to be powered.27 The components of an electrical circuit, including an electrical disconnect switch, are
rated for a maximum flow of electrical current, measured in amperes; the higher the ampere rating, the
more continuous electrical current an electrical circuit can handle without the risk of component
deterioration or overheating.28
Under Florida law, an HVAC unit must have a dedicated electrical disconnect switch, which switch must
be located within sight of and be readily accessible from the HVAC unit. 29 Electricity runs from the
power source to the dedicated HVAC electrical disconnect switch through the switch’s “line side,” and
from the switch’s “load side” to the HVAC unit, as indicated in the diagram below:
Under Florida law, only a licensed electrical contractor may perform “line side” work on the dedicated
HVAC electrical disconnect switch.30 Thus, HVAC system contractors, whether they are class A, class
B, or mechanical, are currently prohibited from replacing, disconnecting, or reconnecting power wiring
on the line side of the dedicated HVAC disconnect switch or from repairing or replacing power wiring,
disconnects, breakers, or fuses for dedicated HVAC circuits. However, the Building Code requires that
HVAC units and components thereof be installed in compliance with the amperage requirements of the
unit or component.31 Thus, where components of a home or structure’s existing electrical circuit cannot
handle the ampere requirements of the new or repaired HVAC unit, a licensed electrical contractor is
24 Id.
25 A “dedicated electrical circuit” has its own circuit breaker and supports a single outlet; thus, only one electrically powere d device can
draw power from that circuit at any given time. Harrison Electric, Inc. Dedicated Circuits: What They Are & How to Determine If You
Need Them, Aug. 16, 2021, https://harrison-electric.com/Blog/entryid/243/dedicated-circuits-what-they-are-how-to-determine-if-you-
need-them (last visited Jan. 24, 2024).
26 Power will flow to the breaker so long as the power source is operational, but power will only flow from the breaker through the
structure if the disconnect switch is flipped to the “on” position. This is what is meant by “isolate.” American Electrical, Inc., Switching to
Safety: Exploring the Importance of Disconnect Switches in Electrical Systems, Jun 20, 2023, https://www.linkedin.com/pulse/switching-
safety-exploring-importance-disconnect/ (last visited Jan. 24, 2024).
27 Barbara Bellesi Zito, Line vs. Load Wire: What’s the Difference, May 5, 2023, https://www.angi.com/articles/line-vs-load-wire.htm (last
visited Jan. 24, 2024).
28 Dave Robbs, What are Amps, Watts, Volts, and Ohms, How Stuff Works, Oct. 3, 2022,
https://science.howstuffworks.com/environmental/energy/question501.htm (last visited Jan. 24, 2024).
29 S. 301.10, Florida Building Code (7th Ed. 2020); s. 440.14 of NFPA 70, National Electrical Code (2023 ed.).
30 S. 489.505(12), F.S.
31 S. 301.10, Florida Building Code (7th Ed. 2020); s. 440.14 of NFPA 70, National Electrical Code (2023 ed.).
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generally needed to upgrade the insufficient components before the HVAC contractor may safely turn
on the new or repaired HVAC unit.
HVAC System Warranties
General Background
A warranty is, in essence, a contract making assurances about the condition of a product, which
contract requires the product’s manufacturer or seller to replace, repair, or issue a refund for the
product under the circumstances specified in the warranty agreement.32 A warranty can be either
express or implied.33 An express warranty is a verbal or written assurance for a product, which warranty
is created by an affirmation of fact or promise made by the seller to the buyer that relates to the goods,
by any description of the goods that is made part of the basis of the bargain, or by any sample or model
that is made part of the basis of the bargain.34 Conversely, an implied warranty is an unstated
assurance that the product is made for its intended purpose, which warranty exists in addition to any
express warranty.35 However, there is no implied warranty where a seller states that the product is sold
“as is,” “with all faults,” or where the seller uses similar language.36
Manufacturer’s, Distributor’s, and Retailer’s Warranties
A manufacturer’s, distributor’s, or retailer’s warranty protects a consumer from defects in a faulty
product and generally attaches to a product at the time of its sale.37 Such warranties are considered
limited warranties because their coverage period generally lasts only for a certain time period after the
product’s sale, which time period is specified in the warranty agreement.38