Important Update for Florida Roofing Contractors: New Contract Regulations Effective July 1, 2024

May 25, 2024
Amy Thayer

Attention Florida roofing contractors! Significant changes to contract requirements are coming into effect on July 1, 2024, following the Governor's approval of House Bill 939 on May 2, 2024, which amends Florida Statute section 489.147. These changes will directly impact your contractual obligations when replacing or repairing roofs for residential property owners during a state of emergency declared by the Governor. Here’s what you need to know:

Definition of Residential Property Owner

Paragraph (b) of subsection (1) of section 489.147, Florida Statutes, is redesignated as paragraph (c), a new paragraph (b) is added to that subsection:

A "residential property owner" is defined as the person who holds legal title to the residential real property directly affected by the actions of a governmental entity. Importantly, this term does not include governmental entities themselves.

Key Provisions for Roof Repair and Replacement Contracts During a State of Emergency

Subsection (6) is added to Florida Statute 489.147. Below, we outline the key provisions:

Right to Cancel: Residential property owners have the right to cancel a contract without penalty or obligation within 10 days after the contract's execution or by the official start date, whichever comes first. This provision applies if the contract was signed based on events subject to a state of emergency declaration by the Governor.

Official Start Date: For the purposes of this regulation, the official start date is defined as: The is the date on which work that includes the installation of materials that will be included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.

Contract Language Requirement: When executing a contract during a state of emergency, contractors must include or add as an attachment to the contract the following cancellation notice in bold type, not less than 18 points, immediately before the signature space for the residential property owner:

“You, the residential property owner, may cancel this contract without penalty or obligation within 10 days after the execution of the contract or by the official start date, whichever comes   first, because this contract was entered into during a state of emergency by the Governor. The official start date is the date on which work that includes the installation of materials that will be included in the final work on the roof commences, a final permit has been issued, or a temporary repair to the roof covering or roof system has been made in compliance with the Florida Building Code.”

Cancellation Procedure: The residential property owner must send the cancellation notice by certified mail, return receipt requested, or any other mailing method that provides proof of delivery, to the address specified in the contract.

What This Means for You

As a roofing contractor in Florida, especially with hurricane season (June 1st - November 30th), it is crucial to update your contract templates and inform your clients of their rights under this new law. This law applies if a contract is entered into during a state of emergency declared by the Governor. Ensuring compliance will not only help you avoid legal issues but also build trust with your clients by clearly communicating their rights and your obligations.

Stay informed and prepared for these changes to maintain a smooth operation and provide the best service to your clients, particularly during the heightened activity of hurricane season. For further details or questions regarding these new requirements, consult with a legal expert, contact the appropriate regulatory body, or view the amendment here.

Mark your calendars for July 1, 2024, and make sure your contracts are ready for this significant update!