The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 612
INTRODUCER: Commerce and Tourism Committee and Senator Hooper
SUBJECT: Building Construction Regulations and System Warranties
DATE: February 13, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Baird McKay CM Fav/CS
2. Hunter Ryon CA Favorable
3. Baird Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 612 implements the following changes:
The bill 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 with proper use of a circuit breaker lock.
The bill 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 provides an effective date of July 1, 2024.
II. Present Situation:
Definitions of Contractor
Part I of Chapter 489, F.S., pertains to regulation of construction contracting. Section 489.105,
F.S., provides the definitions used throughout the part.
“Contractor” means the person who is qualified for, and is only responsible for, the project
contracted for and means, except as exempted in this part, 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, including related
BILL: CS/SB 612 Page 2
improvements to real estate, for others or for resale to others; and whose job scope is
substantially similar to the job scope described in one of the paragraphs of this subsection. For
the purposes of regulation under this part, the term “demolish” applies only to demolition of steel
tanks more than 50 feet in height; towers more than 50 feet in height; other structures more than
50 feet in height; and all buildings or residences.1
“Class A air-conditioning contractor” means 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, if not prohibited by law, central air-conditioning, refrigeration,
heating, and ventilating systems, including duct work in connection with a complete system if
such duct work is performed by the contractor as necessary to complete an air-distribution
system, boiler and unfired pressure vessel systems, and all appurtenances, apparatus, or
equipment used in connection therewith, and any duct cleaning and equipment sanitizing that
requires at least a partial disassembling of the system; to install, maintain, repair, fabricate, alter,
extend, or design, if not prohibited by law, piping, insulation of pipes, vessels and ducts, pressure
and process piping, and pneumatic control piping; to replace, disconnect, or reconnect power
wiring on the load side of the dedicated existing electrical disconnect switch; to install,
disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control wiring;
and to install a condensate drain from an air-conditioning unit to an existing safe waste or other
approved disposal other than a direct connection to a sanitary system. The scope of work for
such contractor also includes any excavation work incidental thereto, but does not include any
work such as liquefied petroleum or natural gas fuel lines within buildings, except for
disconnecting or reconnecting changeouts of liquefied petroleum or natural gas appliances within
buildings; potable water lines or connections thereto; sanitary sewer lines; swimming pool piping
and filters; or electrical power wiring. A Class A air-conditioning contractor may test and
evaluate central air-conditioning, refrigeration, heating, and ventilating systems, including duct
work; however, a mandatory licensing requirement is not established for the performance of
these specific services.2
“Class B air-conditioning contractor” means a contractor whose services are limited to 25 tons of
cooling and 500,000 Btu of heating in any one system in the execution of contracts requiring the
experience, knowledge, and skill to install, maintain, repair, fabricate, alter, extend, or design, if
not prohibited by law, central air-conditioning, refrigeration, heating, and ventilating systems,
including duct work in connection with a complete system only to the extent such duct work is
performed by the contractor as necessary to complete an air-distribution system being installed
under this classification, and any duct cleaning and equipment sanitizing that requires at least a
partial disassembling of the system; to install, maintain, repair, fabricate, alter, extend, or design,
if not prohibited by law, piping and insulation of pipes, vessels, and ducts; to replace, disconnect,
or reconnect power wiring on the load side of the dedicated existing electrical disconnect switch;
to install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control
wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or
other approved disposal other than a direct connection to a sanitary system. The scope of work
for such contractor also includes any excavation work incidental thereto, but does not include
any work such as liquefied petroleum or natural gas fuel lines within buildings, except for
1
Section 498.105(3), F.S.
2
Section 489.105(3)(f), F.S.
BILL: CS/SB 612 Page 3
disconnecting or reconnecting changeouts of liquefied petroleum or natural gas appliances within
buildings; potable water lines or connections thereto; sanitary sewer lines; swimming pool piping
and filters; or electrical power wiring. A Class B air-conditioning contractor may test and
evaluate central air-conditioning, refrigeration, heating, and ventilating systems, including duct
work; however, a mandatory licensing requirement is not established for the performance of
these specific services.3
“Mechanical contractor” means 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, if not prohibited by law, central air-conditioning, refrigeration, heating,
and ventilating systems, including duct work in connection with a complete system if such duct
work is performed by the contractor as necessary to complete an air-distribution system, boiler
and unfired pressure vessel systems, lift station equipment and piping, and all appurtenances,
apparatus, or equipment used in connection therewith, and any duct cleaning and equipment
sanitizing that requires at least a partial disassembling of the system; to install, maintain, repair,
fabricate, alter, extend, or design, if not prohibited by law, piping, insulation of pipes, vessels
and ducts, pressure and process piping, pneumatic control piping, gasoline tanks and pump
installations and piping for same, standpipes, air piping, vacuum line piping, oxygen lines,
nitrous oxide piping, ink and chemical lines, fuel transmission lines, liquefied petroleum gas
lines within buildings, and natural gas fuel lines within buildings; to replace, disconnect, or
reconnect power wiring on the load side of the dedicated existing electrical disconnect switch; to
install, disconnect, and reconnect low voltage heating, ventilating, and air-conditioning control
wiring; and to install a condensate drain from an air-conditioning unit to an existing safe waste or
other approved disposal other than a direct connection to a sanitary system. The scope of work
for such contractor also includes any excavation work incidental thereto, but does not include
any work such as potable water lines or connections thereto, sanitary sewer lines, swimming pool
piping and filters, or electrical power wiring. A mechanical contractor may test and evaluate
central air-conditioning, refrigeration, heating, and ventilating systems, including duct work;
however, a mandatory licensing requirement is not established for the performance of these
specific services.4
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,5 from its power source.6 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
3
Section 489.105(3)(g), F.S.
4
Section 489.105(3)(i), F.S.
5
A “dedicated electrical circuit” has its own circuit breaker and supports a single outlet; thus, only one electrically powered
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, (August 16, 2021), available at https://harrison-electric.com/Blog/entryid/243/dedicated-
circuits-what-they-are-how-to-determine-if-you-need-them (last visited Jan. 24, 2024).
6
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. 24, 2023),
available at https://www.linkedin.com/pulse/switching-safety-exploring-importance-disconnect/ (last visited Jan. 24, 2024).
BILL: CS/SB 612 Page 4
to the “line side” of the device to be powered.7 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.8
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.9 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.
Under Florida law, only a licensed electrical contractor may perform “line side” work on the
dedicated HVAC electrical disconnect switch.10 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.11 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 generally
needed to upgrade the insufficient components before the HVAC contractor may safely turn on
the new or repaired HVAC unit.
HVAC System Warranties
A warranty is an assurance that a manufacturer or seller makes about the condition of its
product.12 A warranty means that a manufacturer or seller will replace or repair the product under
certain instances. A warranty can be either express or implied.13
An express warranty is a verbal or written assurance for the product.14 On the other hand, an
implied warranty is an unstated assurance that the product is made for its intended purpose.15 An
implied warranty is in addition to an express warranty. However, an implied warranty may be
negated or limited by an express warranty. There is no implied warranty if a seller states that the
product is “as is,” “with all faults,” or similar language.16
7
Barbara Bellesi Zito, Line vs. Load Wire: What’s the Difference, (May 5, 2023), available at
https://www.angi.com/articles/line-vs-load-wire.htm (last visited January 24, 2024).
8
Dave Robbs, What are Amps, Watts, Volts, and Ohms, How Stuff Works, (October 3, 2022), available at
https://science.howstuffworks.com/environmental/energy/question501.htm (last visited January 24, 2024).
9
Section 301.10, Florida Building Code (7th Ed. 2020); s. 440.14 of NFPA 70, National Electrical Code (2023 ed.).
10
Section 489.505(12), F.S.
11
Section 301.10, Florida Building Code (7th Ed. 2020); s. 440.14 of NFPA 70, National Electrical Code (2023 ed.).
12 Will Kenton, Warranty Definition, Types, Example, and How It Works, Investopedia, (November 24, 2022), available at
https://www.investopedia.com/terms/w/warranty.asp (last visited January 24, 2024).
13
45 Fla. Jur 2d Sales and Exchanges of Goods § 156.
14
“An express 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.” Section 672.313, F.S.
15
Section 672.314, F.S.
16
Section 672.316, F.S.
BILL: CS/SB 612 Page 5
A manufacturer warranty attaches to the purchase of the product by the manufacturer. A
manufacturer warranty is considered a limited warranty because the warranty is only valid for a
certain time period after the purchase. These terms and conditions are created by the
manufacturer. Once the period of coverage is over, someone can purchase an extended warranty
under different coverage terms to extend the protection of the product beyond the terms and
conditions laid out in the manufacturer warranty.17
Magnuson-Moss Warranty Act
The Magnuson-Moss Warranty Act (MMWA)18 is a federal law that governs consumer product
warranties. Passed in 1975, the Act requires manufacturers and sellers of consumer products to
provide consumers with detailed information about warranty coverage before and after the sale
of the warranted product.19
The MMWA defines three kinds of consumers:
A buyer of any consumer product.
Any person to whom such product is transferred during the duration of an implied or express
warranty applicable to the product.
Any other person who is entitled by the terms of such warranty or under applicable State law
to enforce the obligations of the warranty.20
Manufacturer Warranties for HVAC Systems in Florida
Most manufacturers require that an HVAC contractor purchase and install the HVAC system
before the consumer can register the HVAC system for the limited manufacturer warranty.
Generally, manufacturers provide a warranty for the HVAC system for 5 to 10 years. The
warranty covers parts that might fail such as the air compressor or furnace heat exchanger. The
manufacturer will replace or repair any parts at no cost if the parts are covered under the
warranty.21
Before July 1, 2023, if a building or house that contained an HVAC system with a manufacturer
warranty was sold to another person, the warranty time could be cut short or not transfer to the
new owner. The assignment of the HVAC warranty to the new owner was contingent upon the
terms and conditions for the warranty. In Florida, most manufacturer warranties are tied to a
person instead of the property. Usually, the manufacturer warranty is tied to the original owner
17
Tom Scott, Extended Warranties vs. Manufacturer Warranties: What's the Difference?, Fortegra, (July 9, 2019), available
at https://blog.fortegra.com/extended-warranties-vs.-manufacturer-warranties-whats-the-difference (last visited January 24,
2024).
18
15 U.S.C. §§ 2301-2312 (1975).
19
MMWA does not apply if a seller or manufacturer does not provide a warranty on their product. Jason Gordon, Magnuson
Moss Warranty Act – Explained, The Business Professor, (September 26, 2021), available at
https://thebusinessprofessor.