Emergency Order 2022-03: Florida Suspends Certain Licensing Rules in Response to Hurricane Ian
It’s been over two weeks since Hurricane Ian devastated the state of Florida, leaving many residents in need of home repairs. In response to the damage, the Florida Department of Business and Professional Regulation issued an emergency order, suspending some of Florida’s contractor licensing requirements.
Issued on October 1, Emergency Order 2022-03 is intended to protect the communities, critical infrastructure, and general welfare of Florida. This order is retroactively effective on all building permits applied for or obtained between September 23, 2022, until the order’s expiration on November 22, 2022. Importantly, this temporary suspension only applies to 44 specific counties within Florida.
Applicable Counties:
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.
The Emergency Order provides two main exceptions that Florida contractors need know:
- Under Fla. Stat. 489.113(3) general, building, and residential contractors are required to subcontract roofing work. However, under this emergency order, roofing work does not to be subcontracted out. This is only effective during the duration of the emergency order.
- The second major change under this emergency order specifically applies to “registered contractors.” In Florida, under Fla. Stat. 489.117, registered contractors can only perform work in the particular county, or municipality, or development district where they are registered. Under the emergency order, registered contractors may perform work in any of the counties covered by the emergency order. However, contractors must still submit their registration, proof of compliance with any applicable worker’s compensation requirements, and proof of liability and property damage insurance to the county where they plan to do work. So long as the registered contractor complies with those requirements, the registered contractor cannot be found guilty of unlicensed contracting during the duration of the emergency order.