Florida Senate - 2025 CS for SB 1076
By the Committee on Regulated Industries; and Senator McClain
580-03184-25 20251076c1
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; revising the
9 notice that contractors must provide to residential
10 property owners when executing such a contract;
11 requiring a contractor executing certain contracts to
12 include in or attach to the contract a certain notice
13 to the contract; reenacting ss. 489.107(4)(b),
14 489.113(2), 489.117(1)(a), (2)(a) and (b), and (4)(a),
15 489.118(1), 489.126(1), 489.131(10) and (11), and
16 877.02(2), F.S., relating to the Construction Industry
17 Licensing Board, qualifications for practice and
18 restrictions, registration and specialty contractors,
19 certification of registered contractors and
20 grandfathering provisions, moneys received by
21 contractors, applicability, and solicitation of legal
22 services or retainers therefor and penalty,
23 respectively, to incorporate the amendment made to s.
24 489.105, F.S., in references thereto; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. Paragraph (e) of subsection (3) of section
30 489.105, Florida Statutes, is amended to read:
31 489.105 Definitions.—As used in this part:
32 (3) “Contractor” means the person who is qualified for, and
33 is only responsible for, the project contracted for and means,
34 except as exempted in this part, the person who, for
35 compensation, undertakes to, submits a bid to, or does himself
36 or herself or by others construct, repair, alter, remodel, add
37 to, demolish, subtract from, or improve any building or
38 structure, including related improvements to real estate, for
39 others or for resale to others; and whose job scope is
40 substantially similar to the job scope described in one of the
41 paragraphs of this subsection. For the purposes of regulation
42 under this part, the term “demolish” applies only to demolition
43 of steel tanks more than 50 feet in height; towers more than 50
44 feet in height; other structures more than 50 feet in height;
45 and all buildings or residences. Contractors are subdivided into
46 two divisions, Division I, consisting of those contractors
47 defined in paragraphs (a)-(c), and Division II, consisting of
48 those contractors defined in paragraphs (d)-(q):
49 (e) “Roofing contractor” means a contractor whose services
50 are unlimited in the roofing trade and who has the experience,
51 knowledge, and skill to install, maintain, repair, alter,
52 extend, or design, if not prohibited by law, and use materials
53 and items used in the installation, maintenance, extension, and
54 alteration of all kinds of roofing, waterproofing, and coating,
55 except when coating is not represented to protect, repair,
56 waterproof, stop leaks, or extend the life of the roof. The
57 scope of work of a roofing contractor also includes all of the
58 following and any related work: skylights; and any related work,
59 required roof-deck attachments;, and any repair or replacement
60 of wood roof sheathing or fascia as needed during roof repair or
61 replacement; and the evaluation and enhancement of roof-to-wall
62 connections for structures with wood roof decking as described
63 in section 706 of the Florida Building Code, Existing Building,
64 provided that any enhancement that was properly installed and
65 inspected in accordance with the Office of Insurance Regulation
66 uniform mitigation verification inspection form, the Florida
67 Building Code, or project-specific engineering exceeding these
68 requirements is done in conjunction with a roof covering
69 replacement or repair and any related work.
70 Section 2. Subsection (6) of section 489.147, Florida
71 Statutes, is amended, and subsection (7) is added to that
72 section, to read:
73 489.147 Prohibited property insurance practices; contract
74 requirements.—
75 (6)(a) A residential property owner may cancel a contract
76 to replace or repair a roof without penalty or obligation within
77 10 days after the execution of the contract or by the official
78 start date, whichever comes first, if the contract was entered
79 into within 180 days after based on events that are subject of a
80 declaration of a state of emergency by the Governor and the
81 residential property is located within the geographic area for
82 which the declaration of the state of emergency applies. For the
83 purposes of this subsection, the official start date is the date
84 on which work that includes the installation of materials that
85 will be included in the final work on the roof commences, a
86 final permit has been issued, or a temporary repair to the roof
87 covering or roof has been made in compliance with the Florida
88 Building Code.
89 (b) A contractor executing a contract during a declaration
90 of a state of emergency to replace or repair a roof of a
91 residential property must include or add as an attachment to the
92 contract the following language, in bold type of not less than
93 14 18 points, immediately before the space reserved for the
94 signature of the residential property owner:
95
96 “You, the residential property owner, may cancel this
97 contract without penalty or obligation within 10 days
98 after the execution of the contract or by the official
99 start date, whichever comes first, because this
100 contract was entered into within 180 days after events
101 resulting in the declaration of during a state of
102 emergency by the Governor. The official start date is
103 the date on which work that includes the installation
104 of materials that will be included in the final work
105 on the roof commences, a final permit has been issued,
106 or a temporary repair to the roof covering or roof
107 system has been made in compliance with the Florida
108 Building Code.”
109
110 (c) The residential property owner must send the notice of
111 cancellation by certified mail, return receipt requested, or
112 other form of mailing that provides proof thereof, at the
113 address specified in the contract.
114 (7) A contractor executing a contract to replace or repair
115 a roof of a residential property must include or add as an
116 attachment to the contract the following language, in bold type
117 of not less than 14 points, on the page reserved for the
118 signature of the residential property owner:
119
120 “If the proposed work is related to an insurance
121 claim, you, the residential property owner, should
122 contact your insurance company to verify coverage for
123 the proposed roofing work, including any claims,
124 deductibles, and policy terms before signing this
125 contract. By signing this contract, you acknowledge
126 that you have been advised to contact your insurance
127 provider regarding coverage and reimbursement of the
128 proposed work.”
129 Section 3. For the purpose of incorporating the amendment
130 made by this act to section 489.105, Florida Statutes, in a
131 reference thereto, paragraph (b) of subsection (4) of section
132 489.107, Florida Statutes, is reenacted to read:
133 489.107 Construction Industry Licensing Board.—
134 (4) The board shall be divided into two divisions, Division
135 I and Division II.
136 (b) Division II is comprised of the roofing contractor,
137 sheet metal contractor, air-conditioning contractor, mechanical
138 contractor, pool contractor, plumbing contractor, and
139 underground utility and excavation contractor members of the
140 board; one of the members appointed pursuant to paragraph
141 (2)(j); and one of the members appointed pursuant to paragraph
142 (2)(k). Division II has jurisdiction over the regulation of
143 contractors defined in s. 489.105(3)(d)-(p).
144 Section 4. For the purpose of incorporating the amendment
145 made by this act to section 489.105, Florida Statutes, in a
146 reference thereto, subsection (2) of section 489.113, Florida
147 Statutes, is reenacted to read:
148 489.113 Qualifications for practice; restrictions.—
149 (2) A person must be certified or registered in order to
150 engage in the business of contracting in this state. However,
151 for purposes of complying with the provisions of this chapter, a
152 subcontractor who is not certified or registered may perform
153 construction work under the supervision of a person who is
154 certified or registered, provided that the work is within the
155 scope of the supervising contractor’s license, the supervising
156 contractor is responsible for the work, and the subcontractor
157 being supervised is not engaged in construction work that would
158 require a license as a contractor under any of the categories
159 listed in s. 489.105(3)(d)-(o). This subsection does not affect
160 the application of any local construction licensing ordinances.
161 To enforce this subsection:
162 (a) The department shall issue a cease and desist order to
163 prohibit any person from engaging in the business of contracting
164 who does not hold the required certification or registration for
165 the work being performed under this part. For the purpose of
166 enforcing a cease and desist order, the department may file a
167 proceeding in the name of the state seeking issuance of an
168 injunction or a writ of mandamus against any person who violates
169 any provision of such order.
170 (b) A county, municipality, or local licensing board
171 created by special act may issue a cease and desist order to
172 prohibit any person from engaging in the business of contracting
173 who does not hold the required certification or registration for
174 the work being performed under this part.
175 Section 5. For the purpose of incorporating the amendment
176 made by this act to section 489.105, Florida Statutes, in
177 references thereto, paragraph (a) of subsection (1), paragraphs
178 (a) and (b) of subsection (2), and paragraph (a) of subsection
179 (4) of section 489.117, Florida Statutes, are reenacted to read:
180 489.117 Registration; specialty contractors.—
181 (1)(a) A person engaged in the business of a contractor as
182 defined in s. 489.105(3)(a)-(o) must be registered before
183 engaging in business as a contractor in this state, unless he or
184 she is certified. Except as provided in paragraph (2)(b), to be
185 initially registered, the applicant must submit the required fee
186 and file evidence of successful compliance with the local
187 examination and licensing requirements, if any, in the area for
188 which registration is desired. An examination is not required
189 for registration.
190 (2)(a) Except as provided in paragraph (b), the board may
191 not issue a new registration after July 1, 1993, based on any
192 certificate of competency or license for a category of
193 contractor defined in s. 489.105(3)(a)-(o) which is issued by a
194 municipal or county government that does not exercise
195 disciplinary control and oversight over such locally licensed
196 contractors, including forwarding a recommended order in each
197 action to the board as provided in s. 489.131(7). For purposes
198 of this subsection and s. 489.131(10), the board shall determine
199 the adequacy of such disciplinary control by reviewing the local
200 government’s ability to process and investigate complaints and
201 to take disciplinary action against locally licensed
202 contractors.
203 (b) The board shall issue a registration to an eligible
204 applicant to engage in the business of a contractor in a
205 specified local jurisdiction, provided each of the following
206 conditions are satisfied:
207 1. The applicant held, in any local jurisdiction in this
208 state during 2021, 2022, or 2023, a certificate of registration
209 issued by the state or a local license issued by a local
210 jurisdiction to perform work in a category of contractor defined
211 in s. 489.105(3)(a)-(o).
212 2. The applicant submits all of the following to the board:
213 a. Evidence of the certificate of registration or local
214 license held by the applicant as required by subparagraph 1.
215 b. Evidence that the specified local jurisdiction does not
216 have a license type available for the category of work for which
217 the applicant was issued a certificate of registration or local
218 license during 2021, 2022, or 2023, such as a notification on
219 the website of the local jurisdiction or an e-mail or letter
220 from the office of the local building official or local building
221 department stating that such license type is not available in
222 that local jurisdiction.
223 c. Evidence that the applicant has submitted the required
224 fee.
225 d. Evidence of compliance with the insurance and financial
226 responsibility requirements of s. 489.115(5).
227
228 An examination is not required for an applicant seeking a
229 registration under this paragraph.
230 (4)(a)1. A person whose job scope does not substantially
231 correspond to either the job scope of one of the contractor
232 categories defined in s. 489.105(3)(a)-(o), or the job scope of
233 one of the certified specialty contractor categories established
234 by board rule, is not required to register with the board. A
235 local government, as defined in s. 163.211, may not require a
236 person to obtain a license, issued by the local government or
237 the state, for a job scope which does not substantially
238 correspond to the job scope of one of the contractor categories
239 defined in s. 489.105(3)(a)-(o) and (q) or authorized in s.
240 489.1455(1), or the job scope of one of the certified specialty
241 contractor categories established pursuant to s. 489.113(6). A
242 local government may not require a state or local license to
243 obtain a permit for such job scopes. For purposes of this
244 section, job scopes for which a local government may not require
245 a license include, but are not limited to, painting; flooring;
246 cabinetry; interior remodeling when the scope of the project
247 does not include a task for which a state license is required;
248 driveway or tennis court installation; handyman services;
249 decorative stone, tile, marble, granite, or terrazzo
250 installation; plastering; pressure washing; stuccoing; caulking;
251 and canvas awning and ornamental iron installation.
252 2. A county that includes an area designated as an area of
253 critical state concern under s. 380.05 may offer a license for
254 any job scope which requires a contractor license under this
255 part if the county imposed such a licensing requirement before
256 January 1, 2021.
257 3. A local government may continue to offer a license for
258 veneer, including aluminum or vinyl gutters, siding, soffit, or
259 fascia; rooftop painting, coating, and cleaning above three
260 stories in height; or fence installation and erection if the
261 local government imposed such a licensing requirement before
262 January 1, 2021.
263 4. A local government may not require a license as a
264 prerequisite to submit a bid for public works projects if the
265 work to be performed does not require a license under general
266 law.
267 Section 6. For the purpose of incorporating the amendment
268 made by this act to section 489.105, Florida Statutes, in a
269 reference thereto, subsection (1) of section 489.118, Florida
270 Statutes, is reenacted to read:
271 489.118 Certification of registered contractors;
272 grandfathering provisions.—The board shall, upon receipt of a
273 completed application and appropriate fee, issue a certificate
274 in the appropriate category to any contractor registered under
275 this part who makes application to the board and can show that
276 he or she meets each of the following requirements:
277 (1) Currently holds a valid registered local license in one
278 of the contractor categories defined in s. 489.105(3)(a)-(p).
279 Section 7. For the purpose of incorporating the amendment
280 made by this act to section 489.105, Florida Statutes, in a
281 reference thereto, subsection (1) of section 489.126, Florida
282 Statutes, is reenacted to read:
283 489.126 Moneys received by contractors.—
284 (1) For purposes of this section, the term “contractor”
285 includes all definitions as set forth in s. 489.105(3), and any
286 person performing or contracting or promising to perform work
287 described therein, without regard to the licensure of the
288 person.
289 Section 8. For the purpose of incorporating the amendment
290 made by this act to section 489.105, Florida Statutes, in
291 references thereto, subsections (10) and (11) of section
292 489.131, Florida Statutes, are reenacted to read:
293 489.131 Applicability.—
294 (10) No municipal or county government may issue any
295 certificate of competency or license for any contractor defined
296 in s. 489.105(3)(a)-(o) after July 1, 1993, unless such local
297 government exercises disciplinary control and oversight over
298 such locally licensed contractors, including forwarding a
299 recommended order in each action to the board as provided in
300 subsection (7). Each local board that licenses and disciplines
301 contractors must have at least two consumer representatives on
302 that board. If the board has seven or more members, at least
303 three of those members must be consumer representatives. The
304 consumer representative may be any resident of the local
305 jurisdiction who is not, and has never been, a member or
306 practitioner of a profession regulated by the board or a member
307 of any closely related profession.
308 (11) Any municipal or county government which enters or has
309 in place a reciprocal agreement which accepts a certificate of
310 competency or license issued by another municipal or county
311 government in lieu of its own certificate of competency or
312 license allowing contractors defined in s. 489.105(3)(a)-(o),
313 shall file a certified copy of such agreement with the board not
314 later than 60 days after July 1, 1993, or 30 days after the
315 effective date of such agreement.
316 Section 9. For the purpose of incorporating the amendment
317 made by this act to section 489.105, Florida Statutes, in a
318 reference thereto, subsection (2) of section 877.02, Florida
319 Statutes, is reenacted to read:
320 877.02 Solicitation of legal services or retainers
321 therefor; penalty.—
322 (2) It shall be unlawful for any person in the employ of or
323 in any capacity attached to any hospital, sanitarium, police
324 department, wrecker service or garage, prison or court, for a
325 person authorized to furnish bail bonds, investigators,
326 photographers, insurance or public adjusters, or for a general
327 or other contractor as defined in s. 489.105 or other business
328 providing sinkhole remediation services, to communicate directly
329 or indirectly with any attorney or person acting on said
330 attorney’s behalf for the purpose of aiding, assisting, or
331 abetting such attorney in the solicitation of legal business or
332 the procurement through solicitation of a retainer, written or
333 oral, or any agreement authorizing the attorney to perform or
334 render legal services.
335 Section 10. This act shall take effect upon becoming a law.