Industry Reminder: HVAC & Water Heater Repair Requirements

Disclaimer: This industry reminder is based on the best available information and should not be construed as technical guidance or legal advice. AAGO members are encouraged to contact their equipment providers and legal counsel for guidance. 

As we start the new year, AAGO wants to remind the industry of some key provisions in Florida law related to HVAC and water heater repairs. AAGO members are encouraged to discuss any compliance best practices or questions regarding Florida requirements with legal counsel for guidance.

In 2016, the Florida legislature passed HB 535, which created Chapter 489.103(23) in state statute. HB 535 included an expanded scope of allowable repairs that onsite maintenance technicians with a CAMT® (certificate for apartment maintenance technicians issued by the National Apartment Association) can perform on existing HVAC and water heater equipment. 

Chapter 489.103(23) states the following requirements must be met:

• The employee: 

  • Does not hold himself or herself out to be licensed or qualified by a licensee; 

  • Does not perform any acts, other than acts authorized by this exemption, that constitute contracting;

  • Receives compensation from and is under the supervision and control of an employer who deducts the FICA and withholding tax and who provides workers' compensation, as prescribed by law; and

  • Holds a current certificate for apartment maintenance technicians issued by the National Apartment Association, which must include at least: 

    • One year of apartment rental housing maintenance experience

    • Successful completion of at least 90 hours courses or online content that covers electrical maintenance and repair; plumbing maintenance and repair, heating, ventilating, or air conditioning system, maintenance and repair, appliance maintenance and repair, and interior and exterior maintenance and repair. 

    • Completion of all examination requirements.

• The equipment:

  • Is already installed on the property owned by the apartment community or managed by the management company;

  • Is not being modified except to replace components necessary to return the equipment to its original condition and the partial disassembly associated with the replacement;

  • Is a type of equipment commonly installed in similar locations; and is repaired with new parts that are functionally identical to the parts being replaced. 

• An individual repair does not involve replacement parts that cost more than $1000. 

• An individual repair may not be so extensive as to be a functional replacement of the HVAC or water heater system being repaired. For purposes of this paragraph, an individual repair may not be part of a larger or major project that is divided into parts to avoid this restriction.

• The property owned by the apartment community or managed by the apartment community management company includes at least 100 apartments.

AAGO members are encouraged to review Florida’s HVAC and water heater repair statute. If you have any questions about how Florida’s HVAC and water heater repair requirements impact your operations, please contact your legal counsel for guidance.

 Quick Reference Guide for HVAC and Water Heater Repair Requirements in Florida