Florida Senate - 2023                             CS for SB 1242
       
       
        
       By the Committee on Commerce and Tourism; and Senator Boyd
       
       
       
       
       
       577-03504-23                                          20231242c1
    1                        A bill to be entitled                      
    2         An act relating to registrations and transfers of
    3         heating, ventilation, and air-conditioning system
    4         manufacturer warranties; creating s. 559.956, F.S.;
    5         specifying that certain warranties for heating,
    6         ventilation, and air-conditioning (HVAC) systems are
    7         automatically transferred and remain in effect under
    8         certain circumstances relating to the conveyance of
    9         property; specifying that a warrantor continues to be
   10         obligated under the terms of such transferred
   11         warranty; prohibiting warrantors from charging a fee
   12         for such transfers; specifying that such transfers do
   13         not extend the remaining term of a warranty; deeming
   14         manufacturers’ warranties for HVAC systems registered
   15         with the manufacturer if certain requirements are met;
   16         requiring certain contractors installing HVAC systems
   17         to provide certain documentation; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 559.956, Florida Statutes, is created to
   23  read:
   24         559.956 Registrations and transfers of heating,
   25  ventilation, and air-conditioning system manufacturer
   26  warranties; required contractor documentation.—
   27         (1) If a residential real property that includes a heating,
   28  ventilation, and air-conditioning (HVAC) system as a fixture to
   29  the property is conveyed to a new owner, a manufacturer’s
   30  warranty in effect on that system or a component of that system:
   31         (a) Is automatically transferred to the new owner; and
   32         (b) Continues in effect as if the new owner was the
   33  original purchaser of such system or component, as applicable.
   34         (2) A warrantor continues to be obligated under the terms
   35  of a manufacturer’s warranty agreement for a warranty
   36  transferred under this section and may not charge a fee for the
   37  transfer of the warranty.
   38         (3) The transfer of a manufacturer’s warranty under this
   39  section does not extend the remaining term of the warranty.
   40         (4) A manufacturer’s warranty for an HVAC system is deemed
   41  registered with the manufacturer if a contractor licensed under
   42  part I of chapter 489:
   43         (a) Installs the new HVAC system; and
   44         (b) Provides the manufacturer of the HVAC system with the
   45  date of the issuance of the certificate of occupancy for
   46  installations relating to new construction, or the serial number
   47  of the HVAC system for installations relating to existing
   48  construction, as applicable.
   49         (5) A contractor licensed under part I of chapter 489 who
   50  installs a new HVAC system must document the installation
   51  through an invoice or a receipt and provide the invoice or
   52  receipt to the customer.
   53         Section 2. This act shall take effect July 1, 2023.