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HB 241 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to landlord obligations and 2
construction contracting; amending s. 83.51, F.S.; 3
providing definitions; requiring landlords to provide 4
and maintain specified cooling equipment for tenants; 5
requiring a landlord to repair or replace such cooling 6
equipment within a specified timeframe; providing 7
construction; providing exceptions; providing 8
applicability; amending s. 489.105, F.S.; revising the 9
definitions of the terms "class A air-conditioning 10
contractor" and "mechanical contractor" to include 11
additional services that such contractors may perform; 12
amending ss. 83.56 and 83.60, F.S.; conforming cross-13
references; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Section 83.51, Florida Statutes, is amended to 18
read: 19
83.51 Landlord's obligation to maintain premises.— 20
(1) As used in this section, the term: 21
(a) "Cooling equipment" means a permanently installed or 22
securely affixed appliance designed to cool indoor air, 23
including central air systems, packaged terminal air 24
conditioners, and mini-split heat pumps. The term includes 25
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window air-conditioning units if permitted by applicable code. 26
(b) "Habitable room" means a space in a structure for 27
living, sleeping, eating, or cooking. The term does not include 28
bathrooms, toilet rooms, closets, halls, screen enclosures, 29
sunrooms, storage or utility spaces, or other similar spaces. 30
(c) "Outdoor heat index" means the apparent temperature 31
derived from ambient air temperature and relative humidity as 32
reported by the National Weather Service for the nearest 33
reporting station. 34
(d) "Smoke detection device" means an electrical or a 35
battery-operated device which detects visible or invisible 36
particles of combustion and which is listed by Underwriters 37
Laboratories, Inc., Factory Mutual Laboratories, Inc., or any 38
other nationally recognized testing laboratory using nationally 39
accepted testing standards. 40
(2)(1) The landlord at all times during the tenancy shall: 41
(a) Comply with the requirements of applicable building, 42
housing, and health codes; or 43
(b) Where there are no applicable building, housing, or 44
health codes, maintain the roofs, windows, doors, floors, steps, 45
porches, exterior walls, foundations, and all other structural 46
components in good repair and capable of resisting normal forces 47
and loads and the plumbing in reasonable working condition. The 48
landlord, at commencement of the tenancy, must ensure that 49
screens are installed in a reasonable condition. Thereafter, the 50
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landlord must repair damage to screens once annually, when 51
necessary, until termination of the rental agreement. 52
53
The landlord is not required to maintain a mobile home or other 54
structure owned by the tenant. The landlord's obligations under 55
this subsection may be altered or modified in writing with 56
respect to a single-family home or duplex. 57
(3)(a)(2)(a) Unless otherwise agreed in writing, in 58
addition to the requirements of subsection (2) (1), the landlord 59
of a dwelling unit other than a single-family home or duplex 60
shall, at all times during the tenancy, make reasonable 61
provisions for: 62
1. The extermination of rats, mice, roaches, ants, wood-63
destroying organisms, and bedbugs. If the tenant must vacate the 64
premises for such extermination, the landlord is not liable for 65
damages but must abate the rent. The landlord must provide 7 66
days' written notice, in person, by mail, or by e-mail in 67
accordance with s. 83.505, to the tenant if the tenant must 68
temporarily vacate the premises for extermination pursuant to 69
this subparagraph. A tenant is only required to vacate the 70
premises for a period of time not to exceed 4 days. 71
2. Locks and keys. 72
3. The clean and safe condition of common areas. 73
4. Garbage removal and outside receptacles therefor. 74
5. Functioning facilities for heat during winter, running 75
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water, and hot water. 76
6. Providing and maintaining cooling equipment capable of 77
maintaining an indoor air temperature in habitable rooms that 78
does not exceed 82 degrees Fahrenheit when the outdoor heat 79
index is or exceeds 90 degrees Fahrenheit. A landlord may use 80
any cooling equipment that meets manufacturer installation 81
requirements and applicable codes to comply with this 82
subparagraph. A landlord must repair or replace cooling 83
equipment within 3 business days after receiving written notice 84
from the tenant that the equipment is not functioning. 85
(b) Unless otherwise agreed in writing, at the 86
commencement of the tenancy of a single-family home or duplex, 87
the landlord must shall install working smoke detection devices. 88
As used in this paragraph, the term "smoke detection device" 89
means an electrical or battery-operated device which detects 90
visible or invisible particles of combustion and which is listed 91
by Underwriters Laboratories, Inc., Factory Mutual Laboratories, 92
Inc., or any other nationally recognized testing laboratory 93
using nationally accepted testing standards. 94
(c) Nothing in This part does not authorize authorizes the 95
tenant to raise a noncompliance by the landlord with this 96
subsection as a defense to an action for possession under s. 97
83.59. 98
(d) This subsection does shall not: 99
1. Apply to a mobile home owned by a tenant. 100
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2.(e) Prohibit Nothing contained in this subsection 101
prohibits the landlord from providing in the rental agreement 102
that the tenant is obligated to pay costs or charges for garbage 103
removal, water, fuel, or utilities. 104
3. Require a landlord to provide and maintain cooling 105
equipment if prohibited by a local historic preservation 106
ordinance or other applicable code. However, if feasible, the 107
landlord must provide and maintain alternative code-compliant 108
cooling equipment. 109
4. Preempt or limit a local government from adopting or 110
enforcing more stringent habitability standards than those 111
provided in this subsection. 112
(4)(3) If the duty imposed by subsection (2) (1) is the 113
same or greater than any duty imposed by subsection (3) (2), the 114
landlord's duty is determined by subsection (2) (1). 115
(5)(4) The landlord is not responsible to the tenant under 116
this section for conditions created or caused by the negligent 117
or wrongful act or omission of the tenant, a member of the 118
tenant's family, or other person on the premises with the 119
tenant's consent. 120
(6) A landlord is not in violation of this section if: 121
(a) The tenant unreasonably denies the landlord access to 122
the dwelling unit for installations, inspections, or repairs. 123
(b) A tenant's cooling equipment is temporarily out of 124
service due to a natural disaster, utility outage, or supply-125
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chain delay not caused by the landlord, and the landlord 126
commences repairs on the cooling equipment within 3 business 127
days after receiving written notice from the tenant that the 128
equipment is not functioning. 129
Section 2. (1) The amendments made to s. 83.51, Florida 130
Statutes, by this act apply to rental agreements entered into or 131
renewed on or after July 1, 2026. 132
(2) For rental agreements in effect before July 1, 2026, a 133
landlord must comply with the amendments made to s. 83.51, 134
Florida Statutes, by July 1, 2027. 135
Section 3. Paragraphs (f) and (i) of subsection (3) of 136
section 489.105, Florida Statutes, are amended to read: 137
489.105 Definitions.—As used in this part: 138
(3) "Contractor" means the person who is qualified for, 139
and is only responsible for, the project contracted for and 140
means, except as exempted in this part, the person who, for 141
compensation, undertakes to, submits a bid to, or does himself 142
or herself or by others construct, repair, alter, remodel, add 143
to, demolish, subtract from, or improve any building or 144
structure, including related improvements to real estate, for 145
others or for resale to others; and whose job scope is 146
substantially similar to the job scope described in one of the 147
paragraphs of this subsection. For the purposes of regulation 148
under this part, the term "demolish" applies only to demolition 149
of steel tanks more than 50 feet in height; towers more than 50 150
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feet in height; other structures more than 50 feet in height; 151
and all buildings or residences. Contractors are subdivided into 152
two divisions, Division I, consisting of those contractors 153
defined in paragraphs (a)-(c), and Division II, consisting of 154
those contractors defined in paragraphs (d)-(q): 155
(f) "Class A air-conditioning contractor" means a 156
contractor whose services are unlimited in the execution of 157
contracts requiring the experience, knowledge, and skill to: 158
1. Install, maintain, repair, fabricate, alter, extend, or 159
design, if not prohibited by law, central air-conditioning, 160
refrigeration, heating, and ventilating systems, including duct 161
work in connection with a complete system if such duct work is 162
performed by the contractor as necessary to complete an air-163
distribution system, boiler and unfired pressure vessel systems, 164
and all appurtenances, apparatus, or equipment used in 165
connection therewith, and any duct cleaning and equipment 166
sanitizing that requires at least a partial disassembling of the 167
system.; to 168
2. Install, maintain, repair, fabricate, alter, extend, or 169
design, if not prohibited by law, piping, insulation of pipes, 170
vessels and ducts, pressure and process piping, and pneumatic 171
control piping.; to 172
3. Replace, disconnect, or reconnect power wiring on the 173
line or load side of the dedicated existing electrical 174
disconnect switch on single phase electrical systems.; to 175
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4. Repair or replace power wiring, disconnects, breakers, 176
or fuses for dedicated HVAC circuits with proper use of a 177
circuit breaker lock.; to 178
5. Install, disconnect, and reconnect low voltage heating, 179
ventilating, and air-conditioning control wiring.; and to 180
6. Install a condensate drain from an air-conditioning 181
unit to an existing safe waste or other approved disposal other 182
than a direct connection to a sanitary system. 183
7. Replace and repair existing package pool heaters and 184
connect replacement package pool heaters to existing pool 185
piping. The replacement of an existing package pool heater must 186
use the same make and model as the existing package pool heater. 187
This includes maintaining the flow rate, connection points, and 188
heater specifications without modifications to existing pool 189
piping or system components. The replacement or repair of an 190
existing package pool heater does not include alterations to the 191
pool's hydraulic system, the addition of bypass valves, the 192
installation of new plumbing, the rerouting of pipes, any 193
changes to the pool's circulation system, or any other 194
modifications beyond what is necessary to disconnect and 195
reconnect the unit to the existing piping. 196
8. Perform The scope of work for such contractor also 197
includes any excavation work incidental to work performed in 198
subparagraphs 1.-7., but not thereto, but does not include any 199
work such as liquefied petroleum or natural gas fuel lines 200
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within buildings, except for disconnecting or reconnecting 201
changeouts of liquefied petroleum or natural gas appliances 202
within buildings; potable water lines or connections thereto; 203
sanitary sewer lines; swimming pool piping and filters; or 204
electrical power wiring. 205
9. A Class A air-conditioning contractor may Test and 206
evaluate central air-conditioning, refrigeration, heating, and 207
ventilating systems, including duct work; however, a mandatory 208
licensing requirement is not established for the performance of 209
these specific services. 210
(i) "Mechanical contractor" means a contractor whose 211
services are unlimited in the execution of contracts requiring 212
the experience, knowledge, and skill to: 213
1. Install, maintain, repair, fabricate, alter, extend, or 214
design, if not prohibited by law, central air-conditioning, 215
refrigeration, heating, and ventilating systems, including duct 216
work in connection with a complete system if such duct work is 217
performed by the contractor as necessary to complete an air-218
distribution system, boiler and unfired pressure vessel systems, 219
lift station equipment and piping, and all appurtenances, 220
apparatus, or equipment used in connection therewith, and any 221
duct cleaning and equipment sanitizing that requires at least a 222
partial disassembling of the system.; to 223
2. Install, maintain, repair, fabricate, alter, extend, or 224
design, if not prohibited by law, piping, insulation of pipes, 225
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vessels and ducts, pressure and process piping, pneumatic 226
control piping, gasoline tanks and pump installations and piping 227
for same, standpipes, air piping, vacuum line piping, oxygen 228
lines, nitrous oxide piping, ink and chemical lines, fuel 229
transmission lines, liquefied petroleum gas lines within 230
buildings, and natural gas fuel lines within buildings.; to 231
3. Replace, disconnect, or reconnect power wiring on the 232
line or load side of the dedicated existing electrical 233
disconnect switch on single phase electrical systems.; to 234
4. Repair or replace power wiring, disconnects, breakers, 235
or fuses for dedicated HVAC circuits with proper use of a 236
circuit breaker lock.; to 237
5. Install, disconnect, and reconnect low voltage heating, 238
ventilating, and air-conditioning control wiring.; and to 239
6. Install a condensate drain from an air-conditioning 240
unit to an existing safe waste or other approved disposal other 241
than a direct connection to a sanitary system. 242
7. Replace and repair existing package pool heaters and 243
connect replacement package pool heaters to existing pool 244
piping. The replacement of an existing package pool heater must 245
use the same make and model as the existing package pool heater. 246
This includes maintaining the flow rate, connection points, and 247
heater specifications without modifications to existing pool 248
piping or system components. The replacement or repair of an 249
existing package pool heater does not include alterations to the 250
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pool's hydraulic system, the addition of bypass valves, the 251
installation of new plumbing, the rerouting of pipes, any 252
changes to the pool's circulation system, or any other 253
modifications beyond what is necessary to disconnect and 254
reconnect the unit to the existing piping. 255
8. Perform The scope of work for such contractor also 256
includes any excavation work incidental to work performed in 257
subparagraphs 1.-7., but not thereto, but does not include any 258
work such as potable water lines or connections thereto, 259
sanitary sewer lines, swimming pool piping and filters, or 260
electrical power wiring. 261
9. A mechanical contractor may Test and evaluate central 262
air-conditioning, refrigeration, heating, and ventilating 263
systems, including duct work; however, a mandatory licensing 264
requirement is not established for the performance of these 265
specific services. 266
Section 4. Subsection (1) of section 83.56, Florida 267
Statutes, is amended to read: 268
83.56 Termination of rental agreement.— 269
(1) If the landlord materially fails to comply with s. 270
83.51(2) s. 83.51(1) or material provisions of the rental 271
agreement within 7 days after delivery of written notice by the 272
tenant specifying the noncompliance and indicating the intention 273
of the tenant to terminate the rental agreement by reason 274
thereof, the tenant may terminate the rental agreement. If the 275
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failure to comply with s. 83.51(2) s. 83.51(1) or material 276
provisions of the rental agreement is due to causes beyond the 277
control of the landlord and the landlord has made and continues 278
to make every reasonable effort to correct the failure to 279
comply, the rental agreement may be terminated or altered by the 280
parties, as follows: 281
(a) If the landlord's failure to comply renders the 282
dwelling unit untenantable and the tenant vacates, the tenant 283
shall not be liable for rent during the period the dwelling unit 284
remains uninhabitable. 285
(b) If the landlord's failure to comply does not render 286
the dwelling unit untenantable and the tenant remains in 287
occupancy, the rent for the period of noncompliance shall be 288
reduced by an amount in proportion to the loss of rental value 289
caused by the noncompliance. 290
Section 5. Subsection (1) of section 83.60, Florida 291
Statutes, is amended to read: 292
83.60 Defenses to action for rent or possession; 293
procedure.— 294
(1)(a) In an action by the landlord for possession of a 295
dwelling unit based upon nonpayment of rent or in an action by 296
the landlord under s. 83.55 seeking to recover unpaid rent, the 297
tenant may defend upon the ground of a material noncompliance 298
with s. 83.51(2) s. 83.51(1), or may raise any other defense, 299
whether legal or equitable, that he or she may have, including 300
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the defense of retaliatory conduct in accordance with s. 83.64. 301
The landlord must be given an opportunity to cure a deficiency 302
in a notice or in the pleadings before dismissal of the action. 303
(b) The defense of a material noncompliance with s. 304
83.51(2) s. 83.51(1) may be raised by the tenant if 7 days have 305
elapsed after the delivery of written notice by the tenant to 306
the landlord, specifying the noncompliance and indicating the 307
intention of the tenant not to pay rent by reason thereof. Such 308
notice by the tenant may be given to the landlord, the 309
landlord's representative as designated pursuant to s. 83.50, a 310
resident manager, or the person or entity who collects the rent 311
on behalf of the landlord. A material noncompliance with s. 312
83.51(2) s. 83.51(1) by the landlord is a complete defense to an 313
action for possession based upon nonpayment of rent, and, upon 314
hearing, the court or the jury, as the case may be, shall 315
determine the amount, if any, by which the rent is to be reduced 316
to reflect the diminution in value of the dwelling unit during 317
the period of noncompliance with s. 83.51(2) s. 83.51(1). After 318
consideration of all other relevant issues, the court shall 319
enter appropriate judgment. 320
Section 6. This act shall take effect July 1, 2026. 321