Florida's HVAC Regulations Homeowners Should Know

Laws and Regulations can, at times be a rather dry and boring topic. However there are somethings, you as a Florida Homeowner, probably aren't aware of, and we've put together this articles you help you become aware of some of the laws and regulations you should know.

We need to iterate this as well, the Author of this Post nor Artic Air Home Services is in no way providing Legal Advice, nor do we pertain to be Lawyers in any regard.

Residential AC warranty NOW transfers to the new owner

One good thing our Current Governor has done is this new law, HB1203. Effective on July 1 2023, Now new law protects homeowners who've bought a house with a New HVAC System in it. The Law Reads as follows:

When residential real property that includes a heating, ventilation, and air-conditioning (HVAC) system is conveyed to a new owner, a manufacturer’s warranty in effect for the system (or a component of the system) is automatically transferred to the new owner, and shall continue to be in effect as if the new owner was the
original purchaser.

Warrantors for HVAC systems continue to be obligated under the terms of the original manufacturer’s warranty agreement for warranties transferred under this law and may not charge a fee for the transfer of the warranty.
However, the transfer of a warranty does not extend the remaining term of the warranty. A manufacturer’s warranty for an HVAC system is deemed registered with the manufacturer if a contractor licensed under part I of Chapter 489 installs the new HVAC system; AND provides the manufacturer of the HVAC system with the
certificate of occupancy (for HVAC systems installed in new construction) OR the serial number of the HVAC
system that was installed for existing construction.

Additionally this new law also requires the Contractors Licensed under Part I of Chapter 489 who install new HVAC systems MUST document the installation though an invoice or receipt and provide the invoice or receipt to the customer.

This may be a bit dry, but in summary, If you buy an older house with a New HVAC System that is still under warranty, that warranty transfers over to the new buyer. Believe it or not, that is good news.

You need a Permit to Replace an HVAC Unit

This one is kind of a no-brainer, especially for larger, central-air based systems. Florida Building code requires licensed HVAC contractors to obtain a building permit to install, remove, or replace an Air Conditioning System.  

This permit ensures that the system in your home or business is installed correctly, circulates good indoor air quality, cools your property efficiently, and more.

Building permits required for an AC installation or replacement are designed specifically to protect you as the consumer and property owner.

Ask your HVAC contractor about their process for getting a building permit before work begins. There are consequences for both the contractor and property owner if neither obtains a permit.

The Florida Statute Chapter 489 requires all licensed HVAC contractors to obtain a building permit in order to install, remove or replace any AC system, as regulated by the Florida Building Code. For example, in most cases, this permit law includes

  • Installing an AC heating or cooling system
  • Installing an AC wall unit by cutting out or removing part of wall (not replacement)
  • Replacing a condenser, air handler or heating elements

Permitting in Florida can vary by City and/or County. Your HVAC contractor should be able to obtain these and be familiar with obtaining these before work begins.

 New SEER Ratings

We've gone into detail on this one in our Understanding SEER Ratings - What You Need To Know About Energy Efficiency In Florida topic. Though this is more of a National Regulation, than a Florida-direct one, however it still effects Florida.
The US Department of Energy (DoE) released new and updated efficiency minimums standards back on January 1st 2023. 

I a brief summation, any new HVAC equipment you purchase After January 1, 2023 has to have a minimum SEER Rating of 15.0 You can read more about this in our article linked above.

This next one is for the Homeowners who also rent out your Homes or Apartments:

Your Landlord is NOT Legally Required to Provide you AC or Maintain the Unit

Yes, sadly you read that correctly. We live in one of the hottest states in the Union, and there is No Legal Requirement in Florida that a Landlord has to provide or maintain an A/C unit to their residents.

Despite that many lawmakers in Florida have tried several times to pass a bill to do so, the bills continue to die. 

According to state law, landlords are required to comply with building, housing and health codes. Florida state laws and regulations do not specifically mention AC failure as an emergency.