Florida Senate - 2025                                    SB 1076
       
       
        
       By Senator McClain
       
       
       
       
       
       9-01227-25                                            20251076__
    1                        A bill to be entitled                      
    2         An act relating to roof contracting; amending s.
    3         489.105, F.S.; revising the definition of the term
    4         “roofing contractor”; amending s. 489.147, F.S.;
    5         revising the circumstances under which residential
    6         property owners are authorized to cancel a roof repair
    7         or replacement contract without penalty or obligation
    8         following a declared state of emergency; providing
    9         applicability; revising what constitutes an official
   10         start date; revising the notice that contractors must
   11         provide to residential property owners when executing
   12         such a contract; reenacting ss. 489.107(4)(b),
   13         489.113(2), 489.117(1)(a), (2)(a) and (b), and (4)(a),
   14         489.118(1), 489.126(1), 489.131(10) and (11), and
   15         877.02(2), F.S., relating to the Construction Industry
   16         Licensing Board, qualifications for practice and
   17         restrictions, registration and specialty contractors,
   18         certification of registered contractors and
   19         grandfathering provisions, moneys received by
   20         contractors, applicability, and solicitation of legal
   21         services or retainers therefor and penalty,
   22         respectively, to incorporate the amendment made to s.
   23         489.105, F.S., in references thereto; providing an
   24         effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Paragraph (e) of subsection (3) of section
   29  489.105, Florida Statutes, is amended to read:
   30         489.105 Definitions.—As used in this part:
   31         (3) “Contractor” means the person who is qualified for, and
   32  is only responsible for, the project contracted for and means,
   33  except as exempted in this part, the person who, for
   34  compensation, undertakes to, submits a bid to, or does himself
   35  or herself or by others construct, repair, alter, remodel, add
   36  to, demolish, subtract from, or improve any building or
   37  structure, including related improvements to real estate, for
   38  others or for resale to others; and whose job scope is
   39  substantially similar to the job scope described in one of the
   40  paragraphs of this subsection. For the purposes of regulation
   41  under this part, the term “demolish” applies only to demolition
   42  of steel tanks more than 50 feet in height; towers more than 50
   43  feet in height; other structures more than 50 feet in height;
   44  and all buildings or residences. Contractors are subdivided into
   45  two divisions, Division I, consisting of those contractors
   46  defined in paragraphs (a)-(c), and Division II, consisting of
   47  those contractors defined in paragraphs (d)-(q):
   48         (e) “Roofing contractor” means a contractor whose services
   49  are unlimited in the roofing trade and who has the experience,
   50  knowledge, and skill to install, maintain, repair, alter,
   51  extend, or design, if not prohibited by law, and use materials
   52  and items used in the installation, maintenance, extension, and
   53  alteration of all kinds of roofing, waterproofing, and coating,
   54  except when coating is not represented to protect, repair,
   55  waterproof, stop leaks, or extend the life of the roof. The
   56  scope of work of a roofing contractor also includes all of the
   57  following and any related work: skylights; and any related work,
   58  required roof-deck attachments;, and any repair or replacement
   59  of wood roof sheathing or fascia as needed during roof repair or
   60  replacement; and the evaluation and enhancement of roof-to-wall
   61  connections for structures with wood roof decking as described
   62  in section 706 of the Florida Building Code, Existing Building,
   63  8th Edition (2023), provided that any enhancement that was
   64  properly installed and inspected in accordance with the Office
   65  of Insurance Regulation uniform mitigation verification
   66  inspection form, the Florida Building Code, or project-specific
   67  engineering exceeding these requirements is done in conjunction
   68  with a roof covering replacement or repair and any related work.
   69         Section 2. Subsection (6) of section 489.147, Florida
   70  Statutes, is amended to read:
   71         489.147 Prohibited property insurance practices; contract
   72  requirements.—
   73         (6)(a) A residential property owner may cancel a contract
   74  to replace or repair a roof without penalty or obligation within
   75  10 days after the execution of the contract or by the official
   76  start date, whichever comes first, if the contract was entered
   77  into within 30 days after based on events that are subject of a
   78  declaration of a state of emergency by the Governor.
   79         (a)This subsection does not apply to any subsequent
   80  extension of a state of emergency which has been declared by the
   81  Governor for the same event.
   82         (b) For the purposes of this subsection, the official start
   83  date is the date on which work that includes the installation of
   84  materials that will be included in the final work on the roof
   85  commences, a final permit has been issued, or a temporary repair
   86  to the roof covering or roof has been made in compliance with
   87  the Florida Building Code.
   88         (c)(b) A contractor executing a contract during a
   89  declaration of a state of emergency to replace or repair a roof
   90  of a residential property must include or add as an attachment
   91  to the contract the following language, in bold type of not less
   92  than 14 18 points, immediately before the space reserved for the
   93  signature of the residential property owner:
   94  
   95         You, the residential property owner, may cancel this
   96         contract without penalty or obligation within 10 days
   97         after the execution of the contract or by the official
   98         start date, whichever comes first, because this
   99         contract was entered into within 30 days after events
  100         resulting in the declaration of during a state of
  101         emergency by the Governor. The official start date is
  102         the date on which work that includes the installation
  103         of materials that will be included in the final work
  104         on the roof commences, a final permit has been issued,
  105         or a temporary repair to the roof covering or roof
  106         system has been made in compliance with the Florida
  107         Building Code.
  108  
  109         (d)(c) The residential property owner must send the notice
  110  of cancellation by certified mail, return receipt requested, or
  111  other form of mailing that provides proof thereof, at the
  112  address specified in the contract.
  113         Section 3. For the purpose of incorporating the amendment
  114  made by this act to section 489.105, Florida Statutes, in a
  115  reference thereto, paragraph (b) of subsection (4) of section
  116  489.107, Florida Statutes, is reenacted to read:
  117         489.107 Construction Industry Licensing Board.—
  118         (4) The board shall be divided into two divisions, Division
  119  I and Division II.
  120         (b) Division II is comprised of the roofing contractor,
  121  sheet metal contractor, air-conditioning contractor, mechanical
  122  contractor, pool contractor, plumbing contractor, and
  123  underground utility and excavation contractor members of the
  124  board; one of the members appointed pursuant to paragraph
  125  (2)(j); and one of the members appointed pursuant to paragraph
  126  (2)(k). Division II has jurisdiction over the regulation of
  127  contractors defined in s. 489.105(3)(d)-(p).
  128         Section 4. For the purpose of incorporating the amendment
  129  made by this act to section 489.105, Florida Statutes, in a
  130  reference thereto, subsection (2) of section 489.113, Florida
  131  Statutes, is reenacted to read:
  132         489.113 Qualifications for practice; restrictions.—
  133         (2) A person must be certified or registered in order to
  134  engage in the business of contracting in this state. However,
  135  for purposes of complying with the provisions of this chapter, a
  136  subcontractor who is not certified or registered may perform
  137  construction work under the supervision of a person who is
  138  certified or registered, provided that the work is within the
  139  scope of the supervising contractor’s license, the supervising
  140  contractor is responsible for the work, and the subcontractor
  141  being supervised is not engaged in construction work that would
  142  require a license as a contractor under any of the categories
  143  listed in s. 489.105(3)(d)-(o). This subsection does not affect
  144  the application of any local construction licensing ordinances.
  145  To enforce this subsection:
  146         (a) The department shall issue a cease and desist order to
  147  prohibit any person from engaging in the business of contracting
  148  who does not hold the required certification or registration for
  149  the work being performed under this part. For the purpose of
  150  enforcing a cease and desist order, the department may file a
  151  proceeding in the name of the state seeking issuance of an
  152  injunction or a writ of mandamus against any person who violates
  153  any provision of such order.
  154         (b) A county, municipality, or local licensing board
  155  created by special act may issue a cease and desist order to
  156  prohibit any person from engaging in the business of contracting
  157  who does not hold the required certification or registration for
  158  the work being performed under this part.
  159         Section 5. For the purpose of incorporating the amendment
  160  made by this act to section 489.105, Florida Statutes, in
  161  references thereto, paragraph (a) of subsection (1), paragraphs
  162  (a) and (b) of subsection (2), and paragraph (a) of subsection
  163  (4) of section 489.117, Florida Statutes, are reenacted to read:
  164         489.117 Registration; specialty contractors.—
  165         (1)(a) A person engaged in the business of a contractor as
  166  defined in s. 489.105(3)(a)-(o) must be registered before
  167  engaging in business as a contractor in this state, unless he or
  168  she is certified. Except as provided in paragraph (2)(b), to be
  169  initially registered, the applicant must submit the required fee
  170  and file evidence of successful compliance with the local
  171  examination and licensing requirements, if any, in the area for
  172  which registration is desired. An examination is not required
  173  for registration.
  174         (2)(a) Except as provided in paragraph (b), the board may
  175  not issue a new registration after July 1, 1993, based on any
  176  certificate of competency or license for a category of
  177  contractor defined in s. 489.105(3)(a)-(o) which is issued by a
  178  municipal or county government that does not exercise
  179  disciplinary control and oversight over such locally licensed
  180  contractors, including forwarding a recommended order in each
  181  action to the board as provided in s. 489.131(7). For purposes
  182  of this subsection and s. 489.131(10), the board shall determine
  183  the adequacy of such disciplinary control by reviewing the local
  184  government’s ability to process and investigate complaints and
  185  to take disciplinary action against locally licensed
  186  contractors.
  187         (b) The board shall issue a registration to an eligible
  188  applicant to engage in the business of a contractor in a
  189  specified local jurisdiction, provided each of the following
  190  conditions are satisfied:
  191         1. The applicant held, in any local jurisdiction in this
  192  state during 2021, 2022, or 2023, a certificate of registration
  193  issued by the state or a local license issued by a local
  194  jurisdiction to perform work in a category of contractor defined
  195  in s. 489.105(3)(a)-(o).
  196         2. The applicant submits all of the following to the board:
  197         a. Evidence of the certificate of registration or local
  198  license held by the applicant as required by subparagraph 1.
  199         b. Evidence that the specified local jurisdiction does not
  200  have a license type available for the category of work for which
  201  the applicant was issued a certificate of registration or local
  202  license during 2021, 2022, or 2023, such as a notification on
  203  the website of the local jurisdiction or an e-mail or letter
  204  from the office of the local building official or local building
  205  department stating that such license type is not available in
  206  that local jurisdiction.
  207         c. Evidence that the applicant has submitted the required
  208  fee.
  209         d. Evidence of compliance with the insurance and financial
  210  responsibility requirements of s. 489.115(5).
  211  
  212  An examination is not required for an applicant seeking a
  213  registration under this paragraph.
  214         (4)(a)1. A person whose job scope does not substantially
  215  correspond to either the job scope of one of the contractor
  216  categories defined in s. 489.105(3)(a)-(o), or the job scope of
  217  one of the certified specialty contractor categories established
  218  by board rule, is not required to register with the board. A
  219  local government, as defined in s. 163.211, may not require a
  220  person to obtain a license, issued by the local government or
  221  the state, for a job scope which does not substantially
  222  correspond to the job scope of one of the contractor categories
  223  defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
  224  489.1455(1), or the job scope of one of the certified specialty
  225  contractor categories established pursuant to s. 489.113(6). A
  226  local government may not require a state or local license to
  227  obtain a permit for such job scopes. For purposes of this
  228  section, job scopes for which a local government may not require
  229  a license include, but are not limited to, painting; flooring;
  230  cabinetry; interior remodeling when the scope of the project
  231  does not include a task for which a state license is required;
  232  driveway or tennis court installation; handyman services;
  233  decorative stone, tile, marble, granite, or terrazzo
  234  installation; plastering; pressure washing; stuccoing; caulking;
  235  and canvas awning and ornamental iron installation.
  236         2. A county that includes an area designated as an area of
  237  critical state concern under s. 380.05 may offer a license for
  238  any job scope which requires a contractor license under this
  239  part if the county imposed such a licensing requirement before
  240  January 1, 2021.
  241         3. A local government may continue to offer a license for
  242  veneer, including aluminum or vinyl gutters, siding, soffit, or
  243  fascia; rooftop painting, coating, and cleaning above three
  244  stories in height; or fence installation and erection if the
  245  local government imposed such a licensing requirement before
  246  January 1, 2021.
  247         4. A local government may not require a license as a
  248  prerequisite to submit a bid for public works projects if the
  249  work to be performed does not require a license under general
  250  law.
  251         Section 6. For the purpose of incorporating the amendment
  252  made by this act to section 489.105, Florida Statutes, in a
  253  reference thereto, subsection (1) of section 489.118, Florida
  254  Statutes, is reenacted to read:
  255         489.118 Certification of registered contractors;
  256  grandfathering provisions.—The board shall, upon receipt of a
  257  completed application and appropriate fee, issue a certificate
  258  in the appropriate category to any contractor registered under
  259  this part who makes application to the board and can show that
  260  he or she meets each of the following requirements:
  261         (1) Currently holds a valid registered local license in one
  262  of the contractor categories defined in s. 489.105(3)(a)-(p).
  263         Section 7. For the purpose of incorporating the amendment
  264  made by this act to section 489.105, Florida Statutes, in a
  265  reference thereto, subsection (1) of section 489.126, Florida
  266  Statutes, is reenacted to read:
  267         489.126 Moneys received by contractors.—
  268         (1) For purposes of this section, the term “contractor”
  269  includes all definitions as set forth in s. 489.105(3), and any
  270  person performing or contracting or promising to perform work
  271  described therein, without regard to the licensure of the
  272  person.
  273         Section 8. For the purpose of incorporating the amendment
  274  made by this act to section 489.105, Florida Statutes, in
  275  references thereto, subsections (10) and (11) of section
  276  489.131, Florida Statutes, are reenacted to read:
  277         489.131 Applicability.—
  278         (10) No municipal or county government may issue any
  279  certificate of competency or license for any contractor defined
  280  in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
  281  government exercises disciplinary control and oversight over
  282  such locally licensed contractors, including forwarding a
  283  recommended order in each action to the board as provided in
  284  subsection (7). Each local board that licenses and disciplines
  285  contractors must have at least two consumer representatives on
  286  that board. If the board has seven or more members, at least
  287  three of those members must be consumer representatives. The
  288  consumer representative may be any resident of the local
  289  jurisdiction who is not, and has never been, a member or
  290  practitioner of a profession regulated by the board or a member
  291  of any closely related profession.
  292         (11) Any municipal or county government which enters or has
  293  in place a reciprocal agreement which accepts a certificate of
  294  competency or license issued by another municipal or county
  295  government in lieu of its own certificate of competency or
  296  license allowing contractors defined in s. 489.105(3)(a)-(o),
  297  shall file a certified copy of such agreement with the board not
  298  later than 60 days after July 1, 1993, or 30 days after the
  299  effective date of such agreement.
  300         Section 9. For the purpose of incorporating the amendment
  301  made by this act to section 489.105, Florida Statutes, in a
  302  reference thereto, subsection (2) of section 877.02, Florida
  303  Statutes, is reenacted to read:
  304         877.02 Solicitation of legal services or retainers
  305  therefor; penalty.—
  306         (2) It shall be unlawful for any person in the employ of or
  307  in any capacity attached to any hospital, sanitarium, police
  308  department, wrecker service or garage, prison or court, for a
  309  person authorized to furnish bail bonds, investigators,
  310  photographers, insurance or public adjusters, or for a general
  311  or other contractor as defined in s. 489.105 or other business
  312  providing sinkhole remediation services, to communicate directly
  313  or indirectly with any attorney or person acting on said
  314  attorney’s behalf for the purpose of aiding, assisting, or
  315  abetting such attorney in the solicitation of legal business or
  316  the procurement through solicitation of a retainer, written or
  317  oral, or any agreement authorizing the attorney to perform or
  318  render legal services.
  319         Section 10. This act shall take effect upon becoming a law.