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1A bill to be entitled
2An act relating to landlord obligations and
3construction contracting; amending s. 83.51, F.S.;
4providing definitions; requiring landlords to provide
5and maintain specified cooling equipment for tenants;
6requiring a landlord to repair or replace such cooling
7equipment within a specified timeframe; providing
8construction; providing exceptions; providing
9applicability; amending s. 489.105, F.S.; revising the
10definitions of the terms "class A air-conditioning
11contractor" and "mechanical contractor" to include
12additional services that such contractors may perform;
13amending ss. 83.56 and 83.60, F.S.; conforming cross-
14references; providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18Section 1.        Section 83.51, Florida Statutes, is amended to
19read:
2083.51       Landlord's obligation to maintain premises.—
21(1)     As used in this section, the term:
22(a)     "Cooling equipment" means a permanently installed or
23securely affixed appliance designed to cool indoor air,
24including central air systems, packaged terminal air
25conditioners, and mini-split heat pumps. The term includes
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26    window air-conditioning units if permitted by applicable code.
27(b)     "Habitable room" means a space in a structure for
28    living, sleeping, eating, or cooking. The term does not include
29    bathrooms, toilet rooms, closets, halls, screen enclosures,
30    sunrooms, storage or utility spaces, or other similar spaces.
31(c)     "Outdoor heat index" means the apparent temperature
32    derived from ambient air temperature and relative humidity as
33    reported by the National Weather Service for the nearest
34    reporting station.
35(d)     "Smoke detection device" means an electrical or a
36    battery-operated device which detects visible or invisible
37    particles of combustion and which is listed by Underwriters
38    Laboratories, Inc., Factory Mutual Laboratories, Inc., or any
39    other nationally recognized testing laboratory using nationally
40    accepted testing standards.
41(2)(1)      The landlord at all times during the tenancy shall:
42(a)     Comply with the requirements of applicable building,
43    housing, and health codes; or
44(b)     Where there are no applicable building, housing, or
45    health codes, maintain the roofs, windows, doors, floors, steps,
46    porches, exterior walls, foundations, and all other structural
47    components in good repair and capable of resisting normal forces
48    and loads and the plumbing in reasonable working condition. The
49    landlord, at commencement of the tenancy, must ensure that
50    screens are installed in a reasonable condition. Thereafter, the
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51    landlord must repair damage to screens once annually, when
52    necessary, until termination of the rental agreement.
53
54    The landlord is not required to maintain a mobile home or other
55    structure owned by the tenant. The landlord's obligations under
56    this subsection may be altered or modified in writing with
57    respect to a single-family home or duplex.
58(3)(a)(2)(a)  Unless otherwise agreed in writing, in
59    addition to the requirements of subsection (2) (1), the landlord
60    of a dwelling unit other than a single-family home or duplex
61    shall, at all times during the tenancy, make reasonable
62    provisions for:
631.      The extermination of rats, mice, roaches, ants, wood-
64    destroying organisms, and bedbugs. If the tenant must vacate the
65    premises for such extermination, the landlord is not liable for
66    damages but must abate the rent. The landlord must provide 7
67    days' written notice, in person, by mail, or by e-mail in
68    accordance with s. 83.505, to the tenant if the tenant must
69    temporarily vacate the premises for extermination pursuant to
70    this subparagraph. A tenant is only required to vacate the
71    premises for a period of time not to exceed 4 days.
722.      Locks and keys.
733.      The clean and safe condition of common areas.
744.      Garbage removal and outside receptacles therefor.
755.      Functioning facilities for heat during winter, running
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76     water, and hot water.
776.      Providing and maintaining cooling equipment capable of
78     maintaining an indoor air temperature in habitable rooms that
79     does not exceed 82 degrees Fahrenheit when the outdoor heat
80     index is or exceeds 90 degrees Fahrenheit. A landlord may use
81     any cooling equipment that meets manufacturer installation
82     requirements and applicable codes to comply with this
83     subparagraph. A landlord must repair or replace cooling
84     equipment within 3 business days after receiving written notice
85     from the tenant that the equipment is not functioning.
86(b)      Unless otherwise agreed in writing, at the
87     commencement of the tenancy of a single-family home or duplex,
88     the landlord must shall install working smoke detection devices.
89     As used in this paragraph, the term "smoke detection device"
90     means an electrical or battery-operated device which detects
91     visible or invisible particles of combustion and which is listed
92     by Underwriters Laboratories, Inc., Factory Mutual Laboratories,
93     Inc., or any other nationally recognized testing laboratory
94     using nationally accepted testing standards.
95(c)     Nothing in This part does not authorize authorizes the
96     tenant to raise a noncompliance by the landlord with this
97     subsection as a defense to an action for possession under s.
98     83.59.
99(d)      This subsection does shall not:
1001.      Apply to a mobile home owned by a tenant.
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1012.(e)       Prohibit Nothing contained in this subsection
102    prohibits the landlord from providing in the rental agreement
103    that the tenant is obligated to pay costs or charges for garbage
104    removal, water, fuel, or utilities.
1053.      Require a landlord to provide and maintain cooling
106    equipment if prohibited by a local historic preservation
107    ordinance or other applicable code. However, if feasible, the
108    landlord must provide and maintain alternative code-compliant
109    cooling equipment.
1104.      Preempt or limit a local government from adopting or
111    enforcing more stringent habitability standards than those
112    provided in this subsection.
113(4)(3)      If the duty imposed by subsection (2) (1) is the
114    same or greater than any duty imposed by subsection (3) (2), the
115    landlord's duty is determined by subsection (2) (1).
116(5)(4)      The landlord is not responsible to the tenant under
117    this section for conditions created or caused by the negligent
118    or wrongful act or omission of the tenant, a member of the
119    tenant's family, or other person on the premises with the
120    tenant's consent.
121(6)     A landlord is not in violation of this section if:
122(a)      The tenant unreasonably denies the landlord access to
123    the dwelling unit for installations, inspections, or repairs.
124(b)      A tenant's cooling equipment is temporarily out of
125    service due to a natural disaster, utility outage, or supply-
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126    chain delay not caused by the landlord, and the landlord
127    commences repairs on the cooling equipment within 3 business
128    days after receiving written notice from the tenant that the
129    equipment is not functioning.
130Section 2.        (1)     The amendments made to s. 83.51, Florida
131    Statutes, by this act apply to rental agreements entered into or
132    renewed on or after July 1, 2026.
133(2)     For rental agreements in effect before July 1, 2026, a
134    landlord must comply with the amendments made to s. 83.51,
135    Florida Statutes, by July 1, 2027.
136Section 3.        Paragraphs (f) and (i) of subsection (3) of
137    section 489.105, Florida Statutes, are amended to read:
138489.105      Definitions.—As used in this part:
139(3)     "Contractor" means the person who is qualified for,
140    and is only responsible for, the project contracted for and
141    means, except as exempted in this part, the person who, for
142    compensation, undertakes to, submits a bid to, or does himself
143    or herself or by others construct, repair, alter, remodel, add
144    to, demolish, subtract from, or improve any building or
145    structure, including related improvements to real estate, for
146    others or for resale to others; and whose job scope is
147    substantially similar to the job scope described in one of the
148    paragraphs of this subsection. For the purposes of regulation
149    under this part, the term "demolish" applies only to demolition
150    of steel tanks more than 50 feet in height; towers more than 50
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151    feet in height; other structures more than 50 feet in height;
152    and all buildings or residences. Contractors are subdivided into
153    two divisions, Division I, consisting of those contractors
154    defined in paragraphs (a)-(c), and Division II, consisting of
155    those contractors defined in paragraphs (d)-(q):
156(f)      "Class A air-conditioning contractor" means a
157    contractor whose services are unlimited in the execution of
158    contracts requiring the experience, knowledge, and skill to:
1591.      Install, maintain, repair, fabricate, alter, extend, or
160    design, if not prohibited by law, central air-conditioning,
161    refrigeration, heating, and ventilating systems, including duct
162    work in connection with a complete system if such duct work is
163    performed by the contractor as necessary to complete an air-
164    distribution system, boiler and unfired pressure vessel systems,
165    and all appurtenances, apparatus, or equipment used in
166    connection therewith, and any duct cleaning and equipment
167    sanitizing that requires at least a partial disassembling of the
168    system.; to
1692.      Install, maintain, repair, fabricate, alter, extend, or
170    design, if not prohibited by law, piping, insulation of pipes,
171    vessels and ducts, pressure and process piping, and pneumatic
172    control piping.; to
1733.      Replace, disconnect, or reconnect power wiring on the
174    line or load side of the dedicated existing electrical
175    disconnect switch on single phase electrical systems.; to
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1764.      Repair or replace power wiring, disconnects, breakers,
177    or fuses for dedicated HVAC circuits with proper use of a
178    circuit breaker lock.; to
1795.      Install, disconnect, and reconnect low voltage heating,
180    ventilating, and air-conditioning control wiring.; and to
1816.      Install a condensate drain from an air-conditioning
182    unit to an existing safe waste or other approved disposal other
183    than a direct connection to a sanitary system.
1847.      Replace and repair existing package pool heaters and
185    connect replacement package pool heaters to existing pool
186    piping. The replacement of an existing package pool heater must
187    use the same make and model as the existing package pool heater.
188    This includes maintaining the flow rate, connection points, and
189    heater specifications without modifications to existing pool
190    piping or system components. The replacement or repair of an
191    existing package pool heater does not include alterations to the
192    pool's hydraulic system, the addition of bypass valves, the
193    installation of new plumbing, the rerouting of pipes, any
194    changes to the pool's circulation system, or any other
195    modifications beyond what is necessary to disconnect and
196    reconnect the unit to the existing piping.
1978.      Perform The scope of work for such contractor also
198    includes any excavation work incidental to work performed in
199    subparagraphs 1.-7., but not thereto, but does not include any
200    work such as liquefied petroleum or natural gas fuel lines
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201    within buildings, except for disconnecting or reconnecting
202    changeouts of liquefied petroleum or natural gas appliances
203    within buildings; potable water lines or connections thereto;
204    sanitary sewer lines; swimming pool piping and filters; or
205    electrical power wiring.
2069.      A Class A air-conditioning contractor may Test and
207    evaluate central air-conditioning, refrigeration, heating, and
208    ventilating systems, including duct work; however, a mandatory
209    licensing requirement is not established for the performance of
210    these specific services.
211(i)      "Mechanical contractor" means a contractor whose
212    services are unlimited in the execution of contracts requiring
213    the experience, knowledge, and skill to:
2141.      Install, maintain, repair, fabricate, alter, extend, or
215    design, if not prohibited by law, central air-conditioning,
216    refrigeration, heating, and ventilating systems, including duct
217    work in connection with a complete system if such duct work is
218    performed by the contractor as necessary to complete an air-
219    distribution system, boiler and unfired pressure vessel systems,
220    lift station equipment and piping, and all appurtenances,
221    apparatus, or equipment used in connection therewith, and any
222    duct cleaning and equipment sanitizing that requires at least a
223    partial disassembling of the system.; to
2242.      Install, maintain, repair, fabricate, alter, extend, or
225    design, if not prohibited by law, piping, insulation of pipes,
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226    vessels and ducts, pressure and process piping, pneumatic
227    control piping, gasoline tanks and pump installations and piping
228    for same, standpipes, air piping, vacuum line piping, oxygen
229    lines, nitrous oxide piping, ink and chemical lines, fuel
230    transmission lines, liquefied petroleum gas lines within
231    buildings, and natural gas fuel lines within buildings.; to
2323.      Replace, disconnect, or reconnect power wiring on the
233    line or load side of the dedicated existing electrical
234    disconnect switch on single phase electrical systems.; to
2354.      Repair or replace power wiring, disconnects, breakers,
236    or fuses for dedicated HVAC circuits with proper use of a
237    circuit breaker lock.; to
2385.      Install, disconnect, and reconnect low voltage heating,
239    ventilating, and air-conditioning control wiring.; and to
2406.      Install a condensate drain from an air-conditioning
241    unit to an existing safe waste or other approved disposal other
242    than a direct connection to a sanitary system.
2437.      Replace and repair existing package pool heaters and
244    connect replacement package pool heaters to existing pool
245    piping. The replacement of an existing package pool heater must
246    use the same make and model as the existing package pool heater.
247    This includes maintaining the flow rate, connection points, and
248    heater specifications without modifications to existing pool
249    piping or system components. The replacement or repair of an
250    existing package pool heater does not include alterations to the
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251    pool's hydraulic system, the addition of bypass valves, the
252    installation of new plumbing, the rerouting of pipes, any
253    changes to the pool's circulation system, or any other
254    modifications beyond what is necessary to disconnect and
255    reconnect the unit to the existing piping.
2568.      Perform The scope of work for such contractor also
257    includes any excavation work incidental to work performed in
258    subparagraphs 1.-7., but not thereto, but does not include any
259    work such as potable water lines or connections thereto,
260    sanitary sewer lines, swimming pool piping and filters, or
261    electrical power wiring.
2629.      A mechanical contractor may Test and evaluate central
263    air-conditioning, refrigeration, heating, and ventilating
264    systems, including duct work; however, a mandatory licensing
265    requirement is not established for the performance of these
266    specific services.
267Section 4.        Subsection (1) of section 83.56, Florida
268    Statutes, is amended to read:
26983.56       Termination of rental agreement.—
270(1)     If the landlord materially fails to comply with s.
271    83.51(2) s. 83.51(1) or material provisions of the rental
272    agreement within 7 days after delivery of written notice by the
273    tenant specifying the noncompliance and indicating the intention
274    of the tenant to terminate the rental agreement by reason
275    thereof, the tenant may terminate the rental agreement. If the
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276    failure to comply with s. 83.51(2) s. 83.51(1) or material
277    provisions of the rental agreement is due to causes beyond the
278    control of the landlord and the landlord has made and continues
279    to make every reasonable effort to correct the failure to
280    comply, the rental agreement may be terminated or altered by the
281    parties, as follows:
282(a)     If the landlord's failure to comply renders the
283    dwelling unit untenantable and the tenant vacates, the tenant
284    shall not be liable for rent during the period the dwelling unit
285    remains uninhabitable.
286(b)     If the landlord's failure to comply does not render
287    the dwelling unit untenantable and the tenant remains in
288    occupancy, the rent for the period of noncompliance shall be
289    reduced by an amount in proportion to the loss of rental value
290    caused by the noncompliance.
291Section 5.        Subsection (1) of section 83.60, Florida
292    Statutes, is amended to read:
29383.60       Defenses to action for rent or possession;
294    procedure.—
295(1)(a)       In an action by the landlord for possession of a
296    dwelling unit based upon nonpayment of rent or in an action by
297    the landlord under s. 83.55 seeking to recover unpaid rent, the
298    tenant may defend upon the ground of a material noncompliance
299    with s. 83.51(2) s. 83.51(1), or may raise any other defense,
300    whether legal or equitable, that he or she may have, including
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301    the defense of retaliatory conduct in accordance with s. 83.64.
302    The landlord must be given an opportunity to cure a deficiency
303    in a notice or in the pleadings before dismissal of the action.
304(b)     The defense of a material noncompliance with s.
305    83.51(2) s. 83.51(1) may be raised by the tenant if 7 days have
306    elapsed after the delivery of written notice by the tenant to
307    the landlord, specifying the noncompliance and indicating the
308    intention of the tenant not to pay rent by reason thereof. Such
309    notice by the tenant may be given to the landlord, the
310    landlord's representative as designated pursuant to s. 83.50, a
311    resident manager, or the person or entity who collects the rent
312    on behalf of the landlord. A material noncompliance with s.
313    83.51(2) s. 83.51(1) by the landlord is a complete defense to an
314    action for possession based upon nonpayment of rent, and, upon
315    hearing, the court or the jury, as the case may be, shall
316    determine the amount, if any, by which the rent is to be reduced
317    to reflect the diminution in value of the dwelling unit during
318    the period of noncompliance with s. 83.51(2) s. 83.51(1). After
319    consideration of all other relevant issues, the court shall
320    enter appropriate judgment.
321Section 6.        This act shall take effect July 1, 2026.
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