Senate Bill 76 is a hot topic for roofing contractors working within Florida. But what exactly are the implications for roofing contractors? How was the bill originally enacted and where have we landed today? Keep reading to learn more about where we are today and what you can expect in the future.
If you are like me and have been hearing about SB 76 but didn't understand the entirety of what it would really mean for contractors, then you must watch this video. Episode 55 from The Roofing Success Podcast does a great job of explaining the bill and ways to work around it in order to still be profitable as a roofing contractor. Jim Ahlin, interviews Winston Taitt, Sharon Freeman and Patrick Carr about the bill, how it came about, and what it looked like when it was enacted. However, after this episode aired, new developments in the bill have come to the table. Keep reading to learn more.
After this show was aired, as sited in Insurance Journal, it did not take long for part of the recent anti-policyholder legislation to be declared illegal.
"Judge Walker found that the section of the law that bans “written or electronic communication that encourages, induces, or instructs someone to contact a contractor or public adjuster for the purpose of filing an insurance claim for roof damage” violates the First Amendment of contractors."
"The state Department of Business and Professional Regulation unsuccessfully argued that the provision is a reasonable restriction on commercial speech to combat consumer exploitation and fraud, “ensuring that the line between contractor and insurance adjuster is not blurred,” and protecting Florida homeowners from 'skyrocketing insurance premiums, or, worse, the inability to secure homeowner’s insurance at all.'
"The judge agreed fraud is a serious issue for the state but said the Legislature failed to address these concerns within the bounds set by the Constitution. He found the provision goes too far in limiting advertising and solicitations by contractors and suggested that the state has other options to address fraudulent behavior without imposing such a wide ban on contractors’ speech."
As the bill currently stands, parts of it are still in play such as the key provision of reducing the claims deadline on all claims to two years from the date of loss, except for on supplemental claims which will have an additional year.
However, in light of the new ruling by U.S. District Judge Mark Walker, roofer contracts will be allowed to advertise to homeowners in terms of filing a claim for their roof damage. As more information trickles in, we will keep you informed on how this will affect Floridian roofer contractors.
Winston A. Taitt, Managing Partner of Taitt Law, P.A., has exclusively represented homeowners and contractors in property damage disputes against insurance carriers. He founded Taitt Law, P.A. to represent property owners in property damage disputes against insurance carriers.
Sharon A. "Shari" Freeman, Esq. Attorney, Partner at Taitt Law, P.A., represents clients in a wide array of first-party property matters throughout the State of Florida. She brings her background in construction litigation to fight for full and fair payments under homeowners' policies for claims from catastrophic losses, such as earthquakes, floods, hail, tropical storms, and hurricanes; or other damages such as fire, water damage, or mold.
Patrick Carr, President of Blue Collar Media Group helps contractors produce engaging videos. He works hands-on with clients, bringing their vision and brand to life through original video content. Blue Collar Media Group is not a marketing company, it’s a group of content generators that work with contractors or their marketing company to produce videos to use across various platforms that engage with the contractor's audience.
On this episode, we outline the Florida SB 76 Roadmap For Roofing Contractors, and its implications nationally.
The Roofing Success Podcast is a show created to inspire roofing contractors to achieve optimal success in their roofing businesses. The host, Jim Ahlin, is the co-author of the book, "Internet Marketing For Roofing Contractors, How to TRIPLE Your Sales and Turn Your Roofing Website Into an Online Lead Generation Machine", and Co-Founder of Roofer Marketers, the Digital Marketing Agency for the roofing industry. On each episode, Jim will be sitting down with industry leaders to talk about their processes, the lessons they learned, and how to find success in roofing.