Guide
Florida roofing contract rules: solicitation, deductibles, cancellation
Updated
After a storm the knock on the door comes fast. Florida has written the rules for that conversation into statute, and they give you two separate ten-day exits.
What a Florida contractor may not do
Florida statute lists prohibited property insurance practices for contractors. A contractor may not, directly or indirectly (F.S. 489.147(2)):
- Solicit you with a prohibited advertisement. Any written or electronic communication encouraging you to contact a contractor or public adjuster to make a roof damage insurance claim must carry, in at least 12 point type and at least half the size of the largest type used, statements that you are responsible for your deductible, that paying or waiving a deductible is insurance fraud punishable as a third degree felony, and that filing a false claim is likewise a felony. The statute names door hangers, business cards, magnets, flyers, pamphlets and emails.
- Offer you a rebate, gift, gift card, cash, coupon, deductible waiver or anything else of value in exchange for letting them inspect your roof or for making an insurance claim.
- Pay or accept a referral fee for services for which insurance proceeds are payable.
- Interpret your policy, advise you on coverage or adjust the claim for you, unless they hold a Florida public adjuster license.
- Give you a repair authorization without a good faith estimate of the itemized and detailed cost of services and materials.
A contractor who violates this section faces disciplinary proceedings and a fine of up to $10,000 per violation, and an unlicensed person who does it is guilty of unlicensed contracting and can be fined up to $10,000 per violation as well (F.S. 489.147(3) and (4)).
Two different ten-day exits
- Missing notice: void within 10 days
- A contractor may not execute a roof repair or replacement contract with a residential property owner without including a notice that they may not engage in the prohibited practices in paragraph (2)(b), the gifts and deductible waivers. If that notice is missing, you may void the contract within 10 days after executing it (F.S. 489.147(5)).
- State of emergency: cancel within 10 days
- If the contract was entered into within 180 days of events that are the subject of a declaration of a state of emergency by the Governor, and your property is inside the declared area, you may cancel without penalty or obligation within 10 days of executing the contract or by the official start date, whichever comes first. The contract must carry that cancellation language in bold type of not less than 14 points immediately before your signature line (F.S. 489.147(6)).
The statute defines the official start date for that second right as the date work including installation of materials that will form part of the final roof commences, a permit has been issued, or a temporary repair to the roof covering or roof has been made in compliance with the Florida Building Code.
A short screening routine
- Check the flyer or door hanger for the required warnings in the required type size. Missing warnings are a statutory violation on its face.
- Refuse any offer of a gift, gift card, cash, coupon or deductible help in exchange for an inspection or a claim.
- Ask for the good faith itemized estimate before you sign anything authorizing repairs.
- Look for the prohibited practices notice in the contract, and the emergency cancellation language if a state of emergency applies.
- Verify the license before the contract, not after. See the license check.
Nothing here is legal or insurance advice. If you think a contract breaches these rules, the Department of Business and Professional Regulation is the body that disciplines contractors, and your own attorney is the person who advises you.