Important Hurricane Ian Info from the Florida DPBR for Disaster Restoration Workers
Hurricane Ian has left a wave of destruction and heartache in its path that no restoration professional can easily navigate or prepare for. However, a recent facts sheet presented by Governor Ron DeSantis may be able to help professionals and their customers prepare accordingly. Below is the full sheet shared earlier this week:
Emergency Order 2022-03 has been issued in response to Hurricane Ian.
The following provisions are applicable to certain counties specified in the Order:
- Division I contractors, including general, building, and residential contractors, can self-perform roofing work for all roofing types on structures within their respective license scope.
- Registered contractors from any local jurisdiction in Florida are allowed to contract for work within their respective license scope, in counties specified in the Order, even if such counties are outside of their geographical scope limitations, provided certain requirements are met such as providing proof of their state registration and compliance with applicable insurance requirements.
Additionally, for purposes of tarp installation, the Order also clarifies that Section 489.103(6), Florida Statutes, provides an exemption to the contractor’s license requirement for: “The sale or installation of any finished products, material, or articles of merchandise that are not fabricated into and do not become a permanent fixed part of the structure, such as awnings”¦” So long as the tarp installation complies with this exemption, a state contractor’s license is not required.
FAQs for DBPR Emergency Order 2022-03
1. Does the Order allow general, building, and residential contractors to perform their own roof repairs or replacements without subcontracting to a licensed roofer?
Yes, but only in the following counties specified in the order, and only on structures that fall within their respective license scope. Counties specified in the order are: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Desoto, Duval, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Levy, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie, Sarasota, Seminole, Sumter, Union, and Volusia.
2. Does the order allow registered contractors to contract outside of their geographical scope?
Yes, the Order allows state-registered contractors from any local jurisdiction to contract for work within their respective licenses outside of their geographic license scope, but only in the following counties specified in the Order: Alachua, Baker, Bradford, Brevard, Broward, Charlotte, Citrus, Clay, Collier, Desoto, Duval, Flagler, Gilchrist, Glades, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Lake, Lee, Levy, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, St. Johns, St. Lucie, Sarasota, Seminole, Sumter, Union, and Volusia.
3. What requirements must registered contractors comply with when contracting for work outside of their geographic scope in the counties specified in the Order?
Registered contractors must provide proof of their state registration, as well as proof of compliance with applicable workers’ compensation as required by Chapter 440, Florida Statutes, and liability and property damage insurance as required by section 489.115(5)(a), Florida Statutes, to the jurisdiction in which the work is being performed.
4. Does the order allow out-of-state contractors without a Florida license to contract for work in Florida?
No, contractors are required to obtain registered or state licensure as a Florida contractor before contracting for work that requires licensure under Chapter 489, Florida Statutes.
5. How do I obtain a license as a Florida-certified or registered roofing contractor?
Those requirements have not changed. For registered contractor licensure requirements, contact the city or county you want to work in to determine their competency requirements. For certified contractor licensure requirements, please visit myfloridalicense.com or call (850) 487- 1395.
6. If I contract as an owner/builder, can I hire an out-of-state contractor to help with storm damage?
You cannot subcontract to an unlicensed contractor; they must be your employees. As an owner/builder, you are responsible for workers’ comp and liability insurance for anyone working on your property. Furthermore, as an owner/builder, you are acting as the contractor and are not eligible to make a claim against the recovery fund.
7. Isn’t there a licensing exemption for a handyman?
The handyman exemption applies to jobs under $2,500 that are of a casual, minor, or inconsequential nature. Typically, jobs that require permitting are not exempt, regardless of the amount of the contract. If in doubt, ask your local building department for clarification.