Recent legislative changes in Florida have significantly impacted roofing contractors and insurance claims. These updates tighten regulations on contract terms, insurance claim handling, advertising practices, and contractor-homeowner interactions. Whether you’re a homeowner or a contractor, understanding these laws is critical to staying compliant and avoiding penalties.
Key Legislative Changes Affecting Roofing Contractors
Contract Cancellation Rights
As of July 1, 2024, Florida homeowners have increased protection regarding contract cancellation:
- Homeowners have 10 days or until the project begins (whichever comes first) to cancel a contract without penalty if it was signed after a state of emergency was declared.
- Contracts must clearly state this cancellation right in 18-point bold font near the homeowner’s signature.
Advertising and Solicitation Restrictions
To reduce fraudulent practices, Florida now prohibits certain advertising tactics used by roofing contractors:
- Contractors cannot offer rebates, gift cards, or any other incentives in exchange for allowing a roof inspection or filing an insurance claim.
- All marketing materials must disclose that:
- The homeowner is responsible for paying their deductible.
- Waiving a deductible or providing false claim information is a third-degree felony in Florida.
Violating these advertising rules can result in fines up to $10,000 per offense.
Assignment of Benefits (AOB) Restrictions
Florida has reformed Assignment of Benefits agreements, restricting contractors from taking control of insurance claims. Now:
- Contractors cannot negotiate insurance claims on behalf of homeowners.
- Homeowners must file their own claims and, if needed, work with licensed public adjusters or attorneys.
Insurance Claim Filing Deadlines
The state has reduced the time homeowners have to file roof-related insurance claims:
- Claims must be filed within two years of the damage event.
- Supplemental claims (for additional damage discovered later) must also be filed within two years.
Roof Repair vs. Full Replacement Criteria
Changes to the “25% Rule” affect when a full roof replacement is required instead of a simple repair:
- If more than 25% of a roof is damaged within 12 months, a full replacement is required.
- If the roof meets the 2007 Florida Building Code or newer, only the damaged sections may need repairs instead of full replacement.
Public Adjusting & Claim Negotiation Restrictions
A major focus of the new laws is cracking down on unlicensed public adjusting by roofing contractors.
- Contractors cannot act as public adjusters unless they are licensed.
- This means they cannot negotiate insurance claims or communicate directly with insurance companies on the homeowner’s behalf.
- Homeowners should hire a licensed public adjuster or attorney for claim disputes.
Contingency Contracts for Insurance Work
A contingency contract is an agreement where a homeowner commits to hiring a contractor only if their insurance claim is approved.
Under Florida’s new laws:
- Contingency contracts must clearly state that the homeowner can cancel within 10 days if the claim is denied.
- No work can begin until the insurance approval is confirmed.
Failing to include proper contract language can result in contract invalidation and fines.
What These Changes Mean for Homeowners & Contractors
For Homeowners
- Know your rights, especially regarding contract cancellations and avoiding fraudulent contractors.
- Verify that your contractor is licensed and insured before signing an agreement.
- File insurance claims quickly, as the new two-year filing limit is strict.
For Contractors
- Update contracts to include the required disclosures and ensure they comply with state laws.
- Review all marketing materials and remove any prohibited incentives while adding required disclaimers.
- Avoid insurance negotiation unless you are a licensed public adjuster.
Final Thoughts
With these new Florida roofing laws, contractors and homeowners alike must adapt to stricter contracting, advertising, and insurance claim regulations. Staying informed and compliant will help protect homeowners from fraud while ensuring that roofing contractors continue operating legally and professionally.
For expert, licensed, and insured roofing services in Florida, contact Roofing Systems of America today.
📞 Call Us: (813) 304-1141
🌐 Visit: RoofingSystemsOfAmerica.com
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