search
cart
facebook twitter linkedin youtube instagram Spotify Podcasts Apple Podcasts Spotify Podcasts Apple Podcasts
  • Sign In
  • Create Account
  • Sign Out
  • My Account
  • NEWS
  • TOPICS
    • Cool Roofing
    • Event News
    • Latinos in Roofing
    • Low Slope
    • Legal
    • Metal
    • Project Profiles
    • Roofing Supply Pro
    • Roofing Safety
    • Steep Slope
    • Sustainable Roofing
    • Technology
  • EXCLUSIVES
    • Best of Success
    • Contractor Profile
    • IRE Show
    • Roofing Contractor of the Year
      • Enter Roofing Contractor of the Year
    • Top 100
      • Enter the Top 100
    • Young Guns
    • State of the Industry
  • MULTIMEDIA
    • Videos
    • Podcasts
    • Interactive Spotlights
    • Roofing Quizzes
    • IRE Videos
    • Webinars
    • Photo Galleries
  • PRODUCTS
    • New Products
    • Featured Products
  • COLUMNS
    • Editor's Note
    • Exit Planning
    • Guest Column
  • EVENTS
    • International Roofing Expo
    • Webinars
    • Best of Success Conference
    • Industry Events
  • DIRECTORY
    • Associations
    • Distributors
    • Manufacturer/Supplier
    • Business Services
    • Get Listed
  • MORE
    • Roofing Contractor Newsletters
    • Techos y Más Advisory Board
    • RC Store
    • Roofing Supply Pro
    • Custom Content & Marketing Services
    • Market Research
    • Sponsor Insights
    • Company Spotlights
    • Classifieds
      • Auctions
      • Business For Sale
      • Business Opportunities
      • Equipment For Sale
      • Positions Available
      • Products
      • Safety
      • Software
      • Services
      • Training
    • Contact Us
  • EMAGAZINE
    • eMagazine
    • Advertise
      • Editorial Calendar
      • Contact
    • Archive Issues
  • SIGN UP!
Guest Column

Hurricane Ian Cleanup: Out-of-State Roofing Contractors Beware

What Roofers Need to Know About Hurricane Ian Response

By Trent Cotney
key-west-86025_1280.jpg
Image by David Mark from Pixabay.
September 30, 2022

Hurricane Ian created billions of dollars of damages to homes, buildings, and a variety of structures throughout Florida. As the construction industry mobilizes to assist with cleanup and restoration, it is important for out-of-state contractors to understand the complexity and enforcement of Florida’s construction licensing laws.

Florida’s construction licensing is governed by Chapters 455 and 489, Florida Statutes. It provides that anyone engaged in construction must have the appropriate license. The definition of “contractor” under Section 489.105, Florida Statutes, requires that any person who seeks to "construct, repair, alter, remodel, add to, demolish, subtract from, or improve any building or structure” must have a license.

In Florida, licensure is divided into two divisions: Division I consists of residential, building, and general contractors who have the ability to work on structures subject to their intended use and height requirements. They have the ability to perform all work that is not under Division II or subcontract that work to the appropriate contractor that is licensed in that specialty. Examples of Division II contractors include roofing, HVAC, mechanical, solar, and similar trades. Electrical contractors are governed by a separate section of Chapter 489 but have similar requirements.

In the State of Florida, a licensed roofing contractor cannot supervise the work of unlicensed roofing labor – the labor must be licensed as well. In other words, a licensed roofing contractor can only legally subcontract to another licensed roofing contractor. This nuance is often missed by many Florida licensed roofing contractors.

Since Hurricane Ian, I have received dozens of call from out-of-state contractors looking to come into Florida to do work. The first thing an out-of-state contractor should know is that the same rules apply to out-of-state contractors and there is not a “hurricane exception.”  In fact, if you are an unlicensed contractor performing work during a state of emergency such as post-Hurricane Ian cleanup, it is a third-degree felony. See Section 489.127(2)(c). Unlicensed contractors should also know that the licensing requirement is actively enforced and often checked before you enter storm-damaged zones.

How can you do work as an out-of-state contractor? If you are unlicensed but doing non-specialty work like demolition, drywall, carpentry or masonry, you can work under the supervision of a licensed Florida contractor. You will need a subcontract agreement and you will also want to verify that you have commercial general liability and workers’ compensation insurance (Florida endorsed) that is legally sufficient to work in Florida – check with your insurance agent ahead of time. 

If you are doing Division II work, you will need to either be licensed or be working as a W2 employee of a licensed Division II contractor. For example, an out-of-state roofing contractor could work for a Florida licensed roofing contractor by having its employees be placed on payroll, properly insured, and paid as employees under the licensed roofing contractor.

If you have any questions or need clarification, myfloridalicense.com provides detailed guidance on licensing do’s and don’ts. Florida does enforce its rules and, in addition to state licensing being actively reviewed, you should anticipate increased OSHA inspections from the Florida regional offices.

The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

For more information on this subject, please contact the author at trent.cotney@arlaw.com.

KEYWORDS: commercial roofing contractor Florida hurricanes legal issues in AEC legislation Residential Roofing Contractor

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Trent cotney
Trent Cotney is a Partner with Adams & Reese and a Florida Bar Board Certified Construction Lawyer, licensed to practice in multiple states across the U.S. and in Canada. With nearly 25 years of experience, Trent has dedicated his career to serving the construction and roofing industries. He is a zealous advocate for the international commercial roofing sector and serves as general counsel for over 10 prominent trade associations and organizations, including the National Roofing Contractors Association (NRCA), Florida Roofing & Sheet Metal Contractors Association (FRSA), National Slate Association, Roofing Technology Think Tank (RT3), and Western States Roofing Contractors Association (WSRCA). Trent’s commitment to the industry extends beyond legal counsel; he is an active participant in education, advocacy, and innovation, working tirelessly to address the challenges contractors face and advance the industry as a whole. Known for his deep understanding of construction law and unwavering dedication, Trent Cotney remains a trusted advisor and leader in the roofing community.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • two-roofers-in-harnesses-on-tile-roof

    How AI Is (and Isn’t) Impacting Roofing Jobs

    A new study from Microsoft shows artificial intelligence...
    Roofing Technology
    By: Chris Gray
  • Baker-Roofing-Company-employees-on-flat-roof-examinining-paperwork

    Exclusive: 2025’s Top 100 Roofing Contractors

    Roofing Contractor's 2025 Top 100 list reveals revenue...
    Top 100 Roofing Contractors
    By: Chris Gray
  • A before and after heat measurement comparison

    How Hot is Too Hot in the Attic?

    If the ventilation is working, how hot should the attic...
    Columns
    By: Paul Scelsi
You must login or register in order to post a comment.

Report Abusive Comment

Manage My Account
  • eMagazine Subscription
  • Sign Up for the Newsletter
  • Online Registration
  • Manage My Preferences
  • Subscription Customer Service

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Roofing Contractor audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Roofing Contractor or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • A finished commercial roof, including flashings
    Sponsored byFlashCo

    It’s All in the Details – How to Avoid 4 Common Mistakes with Roofing Accessories

  • Happy mature couple using phone holding credit card making payments. Middle aged older man and woman doing ecommerce shopping on smartphone booking or buying online on mobile sitting at home table.
    Sponsored byWatercress Financial

    Meeting Modern Expectations: Why Offering Financing Is Essential for Roofers Today

  • A roofing contractor stands on a roof behind an American flag
    Sponsored byTAMKO®

    Building Roofs, Building Community: TAMKO’s Lasting Commitment to Veterans and the Military

Popular Stories

TWS Remodeling team

Private Equity Fallout Rocks Roofing; Pros Step In

Malarkey-logo-with-Charles-Collins-headshot

Malarkey Roofing Products Announces New President

roofer-safety-harness-construction.jpg

OSHA's Top 10 Most Cited Violations of 2025

Roofing Contractor Bookstore

Related Articles

  • contract-provisions

    10 Ways Roofing Contractors Can Avoid Latent Defect Claims

    See More
  • OSHA Self-Auditing Strategies for Roofing Contractors

    OSHA Self-Auditing Strategies for Roofing Contractors

    See More
  • State of the Roofing Industry

    Roofing Trends in 2025

    See More

Related Products

See More Products
  • vrb_1.jpg

    The Art of Roofing Cutting Series DVD Library - Super Advanced DVD

  • contractorlaw.jpg

    Construction Law: An Introduction for Engineers, Architects, and Contractors

See More Products

Events

View AllSubmit An Event
  • February 27, 2025

    2025 State of the Industry Report: Roofing Contractor

    On-Demand This webinar is a must-attend for all roofing contractors who are looking to understand market insights related to current and future installation trends.
View AllSubmit An Event

Related Directories

  • Western States Roofing Contractors Assn.

    Western States Roofing Contractors Association (WSRCA) was established in 1974 and is a non-profit regional association of roofing, roof deck and waterproofing contractors and industry-related associate members. WSRCA is dedicated to promoting professionalism by providing leadership for the prosperity of its members through benefits and annual trade show in Las Vegas, the Western Roofing Expo.
  • Roofing Contractors Assn. of Washington

    The Roofing Contractors Association of Washington (RCAW) is a nonprofit organization dedicated to supporting and promoting the roofing industry in Washington state. RCAW provides resources, networking opportunities, and education for roofing professionals, advocating for best practices, safety standards, and the advancement of the trade through industry collaboration.
×

Be in the forefront of the roofing industry!

Join thousands of professionals today. Shouldn’t you know what they know?

JOIN NOW!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Reprints
    • Market Research
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • Instagram
    • YouTube
    • X
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2025. All Rights Reserved BNP Media.

Design, CMS, Hosting & Web Development :: ePublishing