TALLAHASSEE, Fla. – With the troubled property-insurance industry blaming roof-damage claims for driving up costs, Florida lawmakers in May approved scaling back a requirement to replace roofs. But seven months later, a contractor’s group and a roofing company have gone to a state appeals court as they argue the change is unconstitutional.

The Restoration Association of Florida and Florida Premier Roofing LLC, an Orlando-area firm, filed a lawsuit in June and argued in an October court document that the change “unconstitutionally targets roofing contractors and the work they perform for homeowners.”  The lawsuit also alleged, that the measure violated due-process rights because it conflicts with another state law that requires roofing materials to match in quality, color, and size when repairs are made.

Last week, these two groups filed a notice of taking the case to the 1st District Court of Appeal after a circuit judge in early December issued a pair of rulings rejecting their challenge. The notice does not detail arguments the contractors’ group and the roofing company will make in the appeal, but contend the law passed during a May special legislative session, violates due-process rights and a part of the Florida Constitution that limits laws to single subjects.

 

This legislative change drew relatively little attention during the special session as it was part of a bill (SB 4-D) that included high-profile efforts to bolster the safety of condominium buildings after the deadly collapse last year of the Champlain Towers South building in Surfside.

 

The roofing legislative change dealt with part of the Florida Building Code that has been known as the “25 percent rule.” That rule in the past required entire roofs to be replaced to meet code requirements if more than 25 percent of the roofs were damaged. The new law applies to roofs built or replaced under the 2007 building code or later versions of the building code. Under the change, if those roofs become more than 25% damaged, only portions that are damaged are required to be rebuilt to code, effectively lessening the need for full roof replacements. Stated simply, if a roof is compliant with the 2007 building code, the 25% rule no longer applies and no longer mandates replacement of the entire roof.

“Put simply, the insurance industry wanted, and the Florida Legislature enacted, legislation aimed to significantly increase roof repairs after property loss and substantially decrease the number of total roof replacements when, in reality, they are vital to preserving a home after severe weather events such as hurricanes occur,” the document said.

Consumer Law Office (CLO) – Handling Property Insurance Claims & Disputes!

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