On January 20, 2025, Florida Gov. Ron DeSantis issued Executive Order EO 25-13 declaring a statewide emergency regarding the inbound winter weather system, moving across the newly designated Gulf of America, which is expected to bring frigid temperatures, snow, and icy conditions to many central and northern Florida counties.
The emergency declaration is valid for 60 days unless extended. Roofing contractors should keep this relatively new Florida law in mind when entering into residential roof repair or replacement contracts entered into during the state of emergency.
As you may already know, on July 1, 2024, Florida implemented a law requiring roofing contractors to offer a 10-day cancellation period, and include corresponding notice language in contracts to repair or replace a residential roof during a declared state of emergency. See Florida Statute § 489.147(6).
What you may not know is that the law is not limited to hurricanes or other tropical rain events. Subsection (a) states that owners may cancel within 10 days or by the official start date, whichever comes first, “if the contract was entered into based on events that are subject of a declaration of a state of emergency by the Governor.” F.S. §489.147(6)(a). This language suggests at least some nexus must exist between the state of emergency and the roofing contract, but it remains to be seen how courts interpret the statute and how they will determine the intent of the contracting parties.
Subsection (b), however, which requires the contractual notice to residential owners, makes no reference to the intent of the parties or any causal connection between the contract and the emergency declaration. This implies that the mere declaration of a state of emergency triggers the required notice, regardless of whether the roofing contract relates to the state of emergency or not. F.S. §489.147(6)(b).
Failure to comply with the statute carries several potential penalties, including subjecting the contractor to disciplinary proceedings under Fla. Stat. § 489.129, and can include a fine up to $10,000.00 for each violation.
Accordingly, roofing contractors should familiarize themselves with the statute and have their contracts updated to include the required notice language. Those wanting to err on the side of caution may want to include the required statutory notice in their standard contracts or explore ways to tailor the notice’s applicability only to pending emergency declarations.
About Our Author
Lee Tomlinson is a member of one of the largest construction practices in the country with Adams and Reese’s roster of more than 90 attorneys serving the legal needs of the construction industry. An attorney in the firm’s Tampa office, Lee’s construction practice encompasses all areas of construction litigation and construction law, including payment disputes, lien and bond claims, contract review and drafting, construction contract negotiation, and construction defect claims. Lee is recognized among the Best Lawyers® “Ones to Watch” in Construction Law: Litigation and among Florida Super Lawyers® “Rising Stars” in Construction Litigation.