In the aftermath of an already unprecedented hurricane season, many homeowners are faced with difficult decisions that need to be made quickly when it comes to repairs and the daunting task of handling an insurance claim. Coupled with the Florida Gulf Coast’s aging population, our region is ripe for unscrupulous actors who try to take advantage of property owners who are already overwhelmed with the stress and anxiety of storm recovery. Some unscrupulous actors deliberately approach homeowners within a day or two of the impact of a major storm, knowing that some homeowners will be desperate to start making repairs or have to navigate the insurance claim process promptly after loss.
Overview of Florida’s New Consumer Protection Laws
Two recent changes to Florida law expand the right of homeowners to cancel certain roofing and public adjuster contracts without penalty. These updates aim to protect homeowners from predatory practices during the stressful post-storm recovery period.
Key Changes to Public Adjuster Contracts (Effective July 1, 2023)
Effective July 1, 2023, new legislative amendments apply to contracts with public insurance adjusters. These laws allow an insured to cancel a public adjuster contract without penalty or obligation if specific conditions are not met:
- If the public adjuster fails to provide fail to provide both the insured and the insurer a copy of a written estimate within sixty (60) days of the execution of the contract.
- If the contract was entered into based on events that are subject of a declaration of a state of emergency by the Governor, the insured or claimant may cancel the public adjuster’s contract without penalty or obligation within:
- Thirty (30) days after the date of loss, or
- Ten (10) days after the date on which the contract is executed, whichever is longer.
The amendments also impose stricter disclosure requirements for public adjuster contracts, including clear disclosure of these cancellation rights.
Key Changes to Roofing Contracts (Effective July 1, 2024)
Starting July 1, 2024, new laws will apply to contracts for repairing or replacing roofs. These laws allow property owners to cancel a roofing contract without penalty or obligation under specific circumstances:
- The contract was entered into based on events that are subject of a declaration of a state of emergency by the Governor.
- Homeowners can cancel within ten (10) days after the execution of the contract or by the official start date of the work, whichever comes first.
- The official start date is defined by statute as:
- The commencement of work involving materials that will be part of the final roof.
- The issuance of a final permit.
- A temporary repair to the roof or roof covering made in compliance with the Florida Building Code.
Roofing contracts must now include updated disclosures informing homeowners of their rights under these provisions.
Importance of Consulting Legal Counsel
If you’re considering canceling a roofing or public adjuster contract under these new laws, it is critical to consult experienced legal counsel. A legal professional can help ensure compliance with these provisions and protect your rights. Furthermore, you can find valuable resources for storm recovery at FEMA.gov.
