CS/HB 1203 passed the House on April 20, 2023, and subsequently passed the Senate on May 1, 2023. Generally, manufacturers provide a warranty for a Heating, Ventilation, and Air Conditioning (HVAC) system for 5 to 10 years. The manufacturer’s 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. If a residential real property is sold to another person, the warranty time may be cut short or may not be transferable to the new owner. In Florida, most manufacturer warranties are tied to a person instead of the property. The HVAC manufacturer warranty is tied to the original owner and does not transfer when the property is sold unless the previous owner transfers it to a new owner, if that is an option under the warranty. The bill:
- Provides that regardless of ownership, an HVAC manufacturer’s warranty runs with the property.
- Provides that an HVAC warrantor continues to be obligated under the terms of the warranty regardless of the property owner and may not charge a transfer fee.
- Provides that the transfer of an HVAC manufacturer warranty does not make the existing warranty term longer.
- Provides that such warranties are deemed registered if a licensed contractor meets certain requirements.
- Provides that a licensed contractor who installs a new HVAC system must document the installation through an invoice or receipt to the customer.
The bill does not appear to have a fiscal impact on local or state governments. The bill was approved by the Governor on June 23, 2023, ch. 2023-288, L.O.F., and will become effective on July 1, 2023.