The proposed statute modifies 489.147, Florida Statutes, which was enacted in 2021 and governs certain prohibited practices for roofing and other contractors operating on insurance-funded projects or in emergency areas. If enacted, homeowners would be able to cancel contracts without penalty within 10 days of signing under certain circumstances.
Senate Bill 1066 (and proposed House Bill 939) modifies 489.147, Florida Statutes, first by adding the phrase “contract requirements” to the title, and then adding the following language as a new paragraph six of the statute:
(6)(a) An insured or a claimant may cancel a contract to replace or repair a roof without penalty or obligation until 10 days following the execution of the contract or until the official start date, whichever comes first, if the contract was entered into based on events that are the subject of a declaration of a state of emergency by the Governor. For the purposes of this subsection, the term “official start date” is the date on which the work on the roof commences.
(b) A contractor who executes a contract to replace or repair a roof of a residential property during a declaration of a state of emergency must include in the contract the following language, in bold type of not less than 18 points, immediately before the space reserved for the signature of the residential property owner:
You, the residential property owner, may cancel this contract without penalty or obligation until 10 days following the execution of the contract or until the official start date, whichever comes first, because this contract was entered into during a declaration of a state of emergency by the Governor. It is the responsibility of your contractor to include an official start date clause in your contact. This clause must state the official start date and the work that will be commenced on that date. If there is no official start date clause in the contract, the contract may be voided within 10 days following the execution of the contract.
(c) If the insured or claimant desires to cancel the contract under this subsection, such person must send a notice of cancellation by certified mail, return receipt requested, or other form of mailing that provides proof thereof, at the address specified in the contract.
If enacted, the statute would go into effect on July 1, 2024.