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