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Homeowner Protection

The roofer took your deposit and never started. Here is what Florida's deposit statute says, and the letter it calls for.

A deposit paid to a roofer in mid-October hits Florida's 30-day permit deadline in mid-November, and the 90-day start deadline falls about three months after the permits issue. Florida has one statute written for exactly this. This is the plain-English version of what it says, with the certified-mail letter it calls for, the agencies and courts that handle what comes next, and what the Panhandle's own record shows about getting money back. It comes from a Gulf Breeze roofer who read the statute, not from a lawyer.

Last updated · Complete Roofing LLC · Gulf Breeze, FL · FL Lic. CCC1337480

Reviewed by Jason Taylor, third-generation Florida-licensed roofing contractor (verify FL Lic. CCC1337480 at myfloridalicense.com)

Quick answer
Florida Statute 489.126 says a roofer who takes more than 10 percent of the contract price up front must apply for the necessary permits within 30 days of the payment (unless the work needs no permit) and start the work within 90 days after all permits issue, unless the roofer has just cause or you agreed in writing to a longer period. If the roofer misses either deadline, the statute calls for a written demand sent by certified mail to the address in the contract, and it says a roofer who does not apply, start or refund within 30 days of receiving that letter may be inferred to have had no just cause. Whether the roofer holds a Florida license changes every route after that, so that check comes first. We are roofers, not lawyers: a Florida attorney or legal aid can tell you what your contract and your facts allow.
Down payment that starts the clocks
Over 10%
FS 489.126(2)(a): an initial payment of more than 10 percent of the contract price for residential repair, restoration, improvement or construction.
To apply for permits
30 days
FS 489.126(2)(a)1.: within 30 days after the date the payment is made, except where the work needs no permit under the applicable codes and ordinances. The end of s. 489.126(2)(a) adds an exception for just cause or a longer period you agreed to in writing.
To start after permits issue
90 days
FS 489.126(2)(a)2.: within 90 days after the date all necessary permits are issued. The end of s. 489.126(2)(a) adds an exception for just cause or a longer period you agreed to in writing.
After your certified-mail demand
30 days
FS 489.126(2)(b)2.: with no permit application, start or refund within 30 days of receiving the demand, it "may be inferred" that the roofer had no just cause.
Where the statute's felony grades begin
$1,000
FS 489.126(5)(a)–(b): total money received of $1,000 or more but under $20,000 is a third-degree felony; under $1,000, a first-degree misdemeanor.
Small claims court ceiling
$8,000
Fla. Sm. Cl. R. 7.010(b) (July 1, 2026 rules): money cases up to $8,000, exclusive of costs, interest and attorneys' fees, go to small claims court under simpler rules.
Recovery Fund maximum, Division II contracts since July 1, 2024
$30,000
FS 489.143(3): a $30,000 maximum payment for Division II contracts entered into on or after July 1, 2024, and $15,000 for July 1, 2016, through June 30, 2024; roofing is a Division II trade under s. 489.105(3)(e). Subsection (2) also still names $25,000 ("whichever is less"), and the board decides each payment.

What Florida's deposit statute says, in its own words (FS 489.126)

Section 489.126 reaches three situations. More than 10 percent down: permit applications within 30 days of payment and a start within 90 days after the permits issue, unless the roofer has just cause or you agreed in writing to longer. Money ahead of the work: the roofer may not go 90 days without working. After a missed deadline and your certified-mail demand: 30 days with no permit application, start or refund allows an inference of no just cause.

The statute's own definition reaches anyone who takes the money: it says the term "contractor" includes "any person performing or contracting or promising to perform work described" in the contractor definitions of section 489.105(3), "without regard to the licensure of the person," so a crew with no license is inside it.

Situation one: more than 10 percent down.

Fla. Stat. § 489.126(2)(a) (2026)“A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must: 1. Apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and 2. Start the work within 90 days after the date all necessary permits for work, if any, are issued, unless the contractor has just cause for failing to apply for the necessary permits, starting the work, or refunding the payment, or unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits or start the work or to longer periods for both.”

Two things in that paragraph decide most arguments. The 30 days run from the date of your payment, not from the signing date, and the 90 days run from the date all permits are issued, not from the application. The only ways the statute lets the roofer stretch either period are "just cause", which the statute never defines, or a longer period that you "agreed, in writing" to. A promise over the phone is not the written agreement the statute describes. Whether a text or email counts as writing is a question for a Florida attorney.

Situation two: money ahead of the work, then 90 days of nothing. Subsection (3)(a) says a contractor who receives money for residential work "in excess of the value of the work performed may not fail or refuse to perform any work for any 90-day period or for any period that is mutually agreed upon and specified in the contract." This rule does not turn on the 10 percent figure; it turns on whether the money in the roofer's hands is worth more than what is on your roof.

Subsection (3)(b) says it is "prima facie evidence" of that situation when three things are true. The contractor did no contracted work for 90 days (or the contract's agreed period). The stoppage was not related to your termination of the contract or a material breach of it by you. And the contractor either had no just cause or "terminated the contract without proper notification to the owner."

Subsection (3)(b)3.a. says proper notification of termination "must be made by the contractor in the form of a letter that includes the reason for termination of the contract or the reason for failure to perform sent via certified mail, return receipt requested, mailed to the address of the owner listed in the contracting agreement." A text saying the roofer is done with the job is not the certified-mail letter the statute describes.

Situation three: the demand and the 30 days after it. For both situations the statute puts the next step on you, in writing, once the roofer has broken the rule. Subsection (2)(b)1. opens "If a contractor fails to comply with the requirements of paragraph (a), the contractee must make written demand," and the demand must be "a letter that includes a demand to apply for the necessary permits, to start the work, or to refund the payment sent via certified mail, return receipt requested, mailed to the address listed in the contracting agreement." If the contract lists no address, or there is no written agreement, the statute says the letter goes "to the address listed for licensing purposes with the department or the local construction industry licensing board, if applicable." The 90-day rule has the same mechanism in (3)(b)3.b., which opens "If a contractor fails to comply with paragraph (a)," with the demand worded "to perform work, or refund the money received in excess of the value of the work performed."

Then comes the clock the whole statute hangs on. Under (2)(b)2., "it may be inferred that a contractor does not have just cause if the contractor fails to apply for the necessary permits, start the work, or refund payments within 30 days of receiving written demand," and (3)(b)3.c. says the same for the 90-day rule. Nothing in the statute makes the inference automatic: it says only that it "may be inferred." The 30 days run from the roofer's receipt of a written demand, which is why the letter and the certified-mail receipt matter more than any phone call.

What the statute says about intent and criminal grades. Section 489.126 carries its own criminal provisions; it does not borrow them from the theft statute.

  • Subsection (4)(a) says the required intent "may be shown to exist at the time that the contractor appropriated the money to his or her own use" and need not exist when the money was taken.
  • Subsection (4)(b) says intent to "deprive the owner of the right to the money owed, or deprive the owner of the benefit from it" may be inferred "if the contractor fails to refund any portion of the money owed within 30 days after receiving a written demand for such money from the owner."
  • The intent described there mirrors the intent element of Florida's theft statute. Section 812.014(1) defines theft as knowingly obtaining or using another's property with intent to deprive the other person of a right to it or a benefit from it, or to appropriate it to one's own use.
  • Subsection 489.126(4)(c) adds that "the fact that the person so charged intended to return the money owed is not a defense."
  • The grades in (5) run by the total money received: under $1,000 is a first-degree misdemeanor; $1,000 to under $20,000 a third-degree felony; $20,000 to under $200,000 a second-degree felony; $200,000 or more a first-degree felony. Subsection (6) applies the same grades to the 90-day rule, measured by the money received above the value of the work performed.

Whether anyone is charged is a decision for the State Attorney, not for you, this page or any roofer; the statute tells you what the grades are, nothing more.

The Isaias calendar: how the clocks fall for a deposit paid after the storm

For example, a deposit paid on Wednesday, October 14, 2026, puts the permit application due by Friday, November 13. Permits issued on Thursday, November 19 put the start deadline at Wednesday, February 17, 2027. The statute's only exceptions are work that needs no permit (permit deadline only); just cause, which the statute does not define; and a longer period you agreed to in writing.

Count 30 days from the day you paid, and 90 days from the day the last permit issued; the dates above are worked examples. For work that needs a permit, if no permit has been applied for, the 90-day start clock has not started, and the 30-day permit clock is the one that matters.

Those example dates fall on weekdays on purpose. Section 489.126 does not say how its days are counted. Florida's court rule for computing time, Fla. R. Gen. Prac. & Jud. Admin. 2.514, applies to statutes that do not specify a counting method. It starts the count on the next day that is not a weekend or legal holiday, and it moves a last day that falls on one to the next business day. Whether a court applies that rule to this statute is a question for a Florida attorney.

Hurricane Isaias made landfall near Destin on the evening of October 9, 2026. The Governor's state of emergency, Executive Order 26-202, is dated October 6, 2026, and was issued for 60 days unless extended. On this page that emergency matters for the license question below and for the separate 10-day right in the next paragraph. It does not change the deposit statute's clocks, which run the same in any month.

Florida law also gives a separate 10-day cancellation right for some home roofing contracts signed in the months after a declared storm. This page does not explain it. The cancel page does, with the window, the dates and its letter.

The building department for your address can tell you, online or by phone, whether a permit was ever applied for. That is the county's department, or your city's if your city issues its own permits. Write down what the record shows and the date you looked, because that line goes in the letter.

The certified-mail demand: what to send, where, and what the statute says follows

Once the roofer misses a deadline, the statute calls for a letter, not a call: a written demand to apply for the permits, start the work, or refund the payment, sent certified mail, return receipt requested, to the address in the contract. If the roofer does not apply, start or refund within 30 days of receiving it, the statute allows an inference of no just cause and, in a criminal case, an inference of intent if the roofer fails to refund any portion of the money owed. The blank letter is below.

The letter comes after a missed deadline (the statute's wording is quoted in the first section). For the October 14 payment in the calendar above, that point comes once Friday, November 13 passes with no permit application on file.

The statute names the address printed in the contract. If the contract has no address, or there is no written contract at all, it points to the address listed for licensing purposes with the Department of Business and Professional Regulation, or with the local construction industry licensing board if that applies. A licensed roofer's address shows on the DBPR record, and the 30-second license check is on the scams page.

The statute's method is certified mail, return receipt requested. Its 30 days run from when the roofer receives the letter, so the green card or the tracking record is the proof of that date. The post-office receipts belong with the copy of the letter. A photo of the signed letter sent by text or email the same day is a courtesy copy and a timestamp. It is not a substitute for the mailing the statute describes.

Here is what the statute says follows, in its sequence:

  • Within 30 days of receiving the letter, the roofer applies for the permits, starts, or refunds. If none of the three happens, the statute says it "may be inferred" that there was no just cause.
  • In a criminal case, intent to deprive you of the money may be inferred if the roofer "fails to refund any portion of the money owed within 30 days after receiving a written demand for such money from the owner."
  • The criminal grades in subsections (5) and (6) are measured by the money received.

The statute does not say who draws the first inference, and it writes the second for criminal cases. The routes the rest of this page lays out are a complaint to the licensing board, a criminal case, which only a prosecutor can bring (normally the State Attorney), and a case you file in county court. Which of them fits your facts is a question for a Florida attorney or legal aid. The free and low-cost options are in the cancel page's directory.

The letter template is the next section. It contains the statute's words, blanks for your facts, and nothing else. That is deliberate: a form you fill in yourself is printed information, while a letter written for your particular situation is legal work, and we are roofers.

The demand letter: copy it, fill in the brackets, mail it certified

Once a deadline has passed, fill in every bracket, add nothing, sign it, and send it certified mail, return receipt requested, to the address in the contract. The quoted paragraphs are Florida Statute 489.126's own words; the rest is blanks for your facts. We are roofers, not lawyers: a Florida attorney or legal aid can tell you whether it fits your contract.
  1. Address it to the mailing address printed in the contract. If there is none, use the licensing address the statute names (see the section above).
  2. At the post-office counter, fill in the certified-mail form first and write its article number into the letter's heading. Then seal the letter, mail it certified, return receipt requested, and photograph the receipt.
  3. A same-day photo of the signed letter by text or email is a courtesy copy only.
  4. Keep a folder: the contract, every receipt, every text, the permit record and the date you checked it, this letter and both postal receipts.

[Today's date]

SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED — Article No. [article number from the certified-mail form]

[Roofer's business name exactly as written in the contract]

[Mailing address listed in the contract — or, if the contract lists none, the address listed for licensing purposes with the Florida Department of Business and Professional Regulation or the local construction industry licensing board]

Re: Written demand under section 489.126, Florida Statutes

Contract dated [date the contract was signed] for roofing work at [property street address, city, Florida ZIP]

Payment of $[total amount paid to date], made on [date(s) of payment], toward a contract price of $[contract price]

To [name of the roofer or company representative named in the contract]:

On [date(s) of payment] I paid you $[total amount paid] toward the contract price of $[contract price] for the roofing work described in our contract dated [date the contract was signed] at the property above. The payment was made by [check number / card / cash receipt number].

As of today, the status of the permit for this work is: [what the county or city permit record or building department showed on (date checked): no application on file / application filed on (date) / permit issued on (date)]. As of today, the work performed at the property is: [none / describe exactly what has been done and when].

Section 489.126(2)(a), Florida Statutes, provides: "A contractor who receives, as initial payment, money totaling more than 10 percent of the contract price for repair, restoration, improvement, or construction to residential real property must: 1. Apply for permits necessary to do work within 30 days after the date payment is made, except where the work does not require a permit under the applicable codes and ordinances, and 2. Start the work within 90 days after the date all necessary permits for work, if any, are issued, unless the contractor has just cause for failing to apply for the necessary permits, starting the work, or refunding the payment, or unless the person who made the payment agreed, in writing, to a longer period to apply for the necessary permits or start the work or to longer periods for both."

Section 489.126(3)(a), Florida Statutes, provides: "A contractor who receives money for repair, restoration, addition, improvement, or construction of residential real property in excess of the value of the work performed may not fail or refuse to perform any work for any 90-day period or for any period that is mutually agreed upon and specified in the contract."

This letter is a demand to apply for the necessary permits, to start the work, or to refund the payment, under section 489.126(2)(b)1., Florida Statutes. It is also a demand to perform work, or refund the money received in excess of the value of the work performed, under section 489.126(3)(b)3.b., Florida Statutes.

Section 489.126(2)(b)2., Florida Statutes, provides: "It may be inferred that a contractor does not have just cause if the contractor fails to apply for the necessary permits, start the work, or refund payments within 30 days of receiving written demand to apply for the necessary permits, start the work, or refund the payment from the person who made the payment."

Section 489.126(3)(b)3.c., Florida Statutes, provides: "It may be inferred that a contractor does not have just cause if the contractor fails to perform work, or refund the money received in excess of the value of the work performed, within 30 days after receiving a written demand to perform the work, or refund the money received in excess of the value of the work performed, from the person who made the payment."

Section 489.126(4)(b), Florida Statutes, provides: "It may be inferred that a contractor intended to deprive the owner of the right to the money owed, or deprive the owner of the benefit from it, and inferred that the contractor appropriated the money for his or her own use, or to a person not entitled to the use of the money, if the contractor fails to refund any portion of the money owed within 30 days after receiving a written demand for such money from the owner."

Sincerely,

[Your signature]

[Your printed name]

[Your mailing address for any reply or refund]

[Phone] · [Email]

Enclosures: copy of the contract dated [date]; proof of payment [list each receipt, check or statement].

The quoted paragraphs are the text of Fla. Stat. § 489.126(2)(a), (2)(b)2., (3)(a), (3)(b)3.c. and (4)(b), word for word (2026 Florida Statutes, read at leg.state.fl.us on October 30, 2026). The two demand sentences use the words of § 489.126(2)(b)1. and (3)(b)3.b. Everything else is a blank for your facts. We are roofers, not lawyers. This is a blank form, not legal advice, and it does not create an attorney-client relationship with anyone. A Florida attorney or legal aid can tell you whether it fits your contract and what to do if there is no answer.

Is the roofer licensed? It changes every route

Florida treats the two cases differently. A licensed roofer answers to the Construction Industry Licensing Board, which can fine, suspend, revoke and order restitution. Under FS 489.128 an unlicensed contractor cannot enforce the contract; FS 489.13 allows a fine of up to $10,000, and FS 489.127 makes unlicensed contracting during a declared emergency a third-degree felony. DBPR cannot order that person to refund you.

The check itself takes 30 seconds and lives on the scams page: use it and come back.

One caution while DBPR's Isaias emergency order is in force. Under DBPR Emergency Order 2026-01, a Florida-licensed general, building or residential contractor may lawfully do roofing in the declared counties without subcontracting it, and a registered contractor from another part of Florida may do the work its registration allows here on the order's conditions. Neither is "unlicensed": the first holds a general, building or residential license rather than a roofing one, and the second a registration issued for another part of Florida. The order, as amended, expires December 5, 2026, or earlier if the Governor's order ends first. Its relief continues for any project whose permit was applied for or obtained while it was in force. Separately, section 489.117(5) lets a registered contractor do work its registration allows in a declared natural-emergency area until 24 months after the state of emergency expires.

If the roofer holds no Florida license at all.

  • Florida law makes an unlicensed contractor's contract unenforceable by that contractor. It also makes unlicensed contracting during a declared emergency a third-degree felony. The cancel page's "five more ways out" and the scams page's license check explain both.
  • For this rule, the statute says a contractor "shall be considered unlicensed only if the contractor was unlicensed on the effective date of the original contract for the work, if stated therein, or, if not stated, the date the last party to the contract executed it, if stated therein." If the contract gives neither date, it measures licensure "on the first date upon which the contractor provided labor, services, or materials under the contract."
  • None of that takes away your own rights. Subsection (3) says the section "shall not affect the rights of parties other than the unlicensed contractor to enforce contract, lien, or bond remedies."
  • On the administrative side, DBPR may fine an unlicensed person up to $10,000 and recover its investigative costs. Anyone doing this work without "a valid active certificate or registration" is guilty of unlicensed contracting, whatever local license or certificate of competency they hold.

What DBPR's Unlicensed Activity program will and will not do, in its own words:

  • It may issue a citation "for engaging in, offering to, or advertising unlicensed activity; may include fines up to $2,500," or a notice to cease and desist.
  • It "is required by statute to forward all unlicensed activity cases to the local State Attorney for prosecution," and "a judge may order restitution" in that criminal case.
  • But "DBPR does not have authority to order an unlicensed person to refund money."
  • Unlicensed-activity complaints "are always public record."
  • The hotline is 1-866-532-1440, and it takes anonymous reports.

For a roofer with no Florida license at all, Florida law leaves two money routes: the civil courts (below) and, if the State Attorney files charges, court-ordered restitution. The Recovery Fund statute excludes a roofer who had no Florida contractor's license on the day the contract was signed; an inactive, delinquent or suspended license still counts (below). Which of those fits your facts is a question for a Florida attorney or legal aid. The deposit statute itself still applies, because its definition of "contractor" is "without regard to the licensure of the person."

What DBPR can and cannot do when the roofer is licensed

DBPR investigates written complaints, and the Construction Industry Licensing Board disciplines licensees: probation, fines up to $10,000 per violation, suspension or revocation, and it may order restitution to the homeowner. DBPR will not act as your lawyer or collect for you, and it gives no completion time for an investigation; the only clocks are the ones in the statutes.

How a complaint is filed. A complaint is filed in writing, either online through DBPR's complaint portal or by mail on Uniform Complaint Form DBPR 0070 with the construction-industry complaint package. The package asks for copies of the relevant documents, including contracts, proof of payment, correspondence and the building permit.

Where DBPR's role stops. DBPR's own page draws the boundary: "The Department cannot represent you in civil matters to recover fees paid or seek remedies for injuries." It suggests you "may wish to consult a private attorney regarding these matters," and it lists "Disagreements over contract terms" and "Some fee and price disputes" among matters that may be outside its authority.

The only published clocks are statutory. The complaint package says investigations "differ in complexity and duration, so providing a time of completion is not possible." The statutes set these two:

  • The licensee has 20 days to respond to the complaint once served.
  • Florida law sets 30 days for the probable-cause decision once the panel receives DBPR's final investigative report, and the DBPR secretary can extend that (s. 455.225(4)).

Confidentiality. A complaint against a licensed contractor, and what DBPR gathers investigating it, stays confidential until 10 days after probable cause is found, or until the licensee waives confidentiality, whichever comes first. That protection does not apply to complaints about unlicensed persons, which DBPR says "are always public record" (s. 455.225(10)).

What the board can do. Section 489.129(1) lets it:

  • place a licensee on probation or reprimand the licensee;
  • revoke, suspend or refuse to renew the license;
  • "require financial restitution to a consumer for financial harm directly related to a violation";
  • impose "an administrative fine not to exceed $10,000 per violation";
  • assess costs.

The grounds that fit a deposit that bought nothing are written into the statute:

  • Abandonment. The statute says "A project may be presumed abandoned after 90 days if the contractor terminates the project without just cause or without proper notification to the owner, including the reason for termination, or fails to perform work without just cause for 90 consecutive days."
  • Financial mismanagement. This includes abandoning a job when "the percentage of completion is less than the percentage of the total contract price paid," unless the contract entitles the contractor to keep the money or the excess is refunded within 30 days after the job is abandoned.
  • Failing to comply with the deposit statute itself.

Mandatory arbitration. Where the damages at issue are under $2,500 and the statute's other conditions are met, DBPR must refer the complaint to mandatory arbitration.

The board's penalty ranges. Rule 61G4-17.001, effective January 18, 2026, publishes them as minimum-to-maximum ranges for a first and a repeat offense. The four rows that fit this page are below.

Ground (rule row)First offense (minimum to maximum)Repeat offense (minimum to maximum)
Abandonment — s. 489.129(1)(j) (row (1)(j))$2,500 fine and probation or suspension, to $7,500 fine and probation, suspension, or revocation$5,000 fine and probation or suspension, to $10,000 fine and revocation
Mismanagement or misconduct causing financial harm to the customer — s. 489.129(1)(g) (row (1)(g))$1,500 fine or probation or suspension, to $5,000 fine and probation or suspension, or revocation$2,500 fine and probation or suspension, to $7,500 fine and revocation
Not applying for permits within 30 days after a payment of more than 10 percent, or not starting within 90 days after all permits issue — s. 489.126(2) (row (1)(i)11.)$2,500 fine or probation or suspension, to $5,000 fine and probation or suspension$5,000 fine and probation or suspension, to $10,000 fine and probation, suspension or revocation
Not satisfying a civil judgment within a reasonable time, which the rule defines as 60 days after entry of a judgment that is not appealed — s. 489.129(1)(q) (row (1)(q))$500 fine or proof of satisfaction of the judgment, to $5,000 fine and proof of satisfaction of the judgment and probation, suspension, or revocation$5,000 fine or proof of satisfaction of the judgment, to $10,000 fine or proof of satisfaction of the judgment, and probation, suspension or revocation

The rule also says the board "will consider a mutually agreed upon payment plan as satisfaction of such judgment, so long as the payments are current."

One routing rule. If the roofer's license is a state registration (a number starting RC, RR, RG or RB), which rests on a local license, rather than a state certification (CCC, CRC, CGC or CBC), the local licensing board handles the complaint first.

  • The department "may not initiate or pursue any complaint against a registered contractor who is not also a certified contractor where a local jurisdiction enforcement body has jurisdiction." The exceptions are when summary procedures are started, or when the local body fails to act within 6 months.
  • The local body may itself "require restitution, impose a suspension or revocation of his or her local license, or a fine not to exceed $5,000," and it must send the state board a recommended penalty.
  • Local boards have no disciplinary authority over certified contractors, so complaints about a CCC, CRC, CGC or CBC license go to DBPR.

The Florida Homeowners' Construction Recovery Fund: who qualifies and what it pays

The Fund pays an owner-occupant only on a judgment, arbitration award or board restitution order against a licensed contractor, after collection fails and within a year after the case ends, up to $30,000 for roofing contracts signed on or after July 1, 2024 (the statute also names $25,000, and the board decides each payment). It does not pay if the roofer had no Florida contractor's license on the day the contract was signed (an inactive, delinquent or suspended license still counts), and a payout suspends the license automatically.

The notice in your contract. Every home roofing contract over $2,500 must carry the Fund's notice, in substantially these words:

Fla. Stat. § 489.1425(1)“PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS' CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR.”

The notice then points to the licensing board's address and telephone number. Read the capitalized words carefully: payment is limited in amount and applies only to specified violations by a licensed contractor.

Licensed contractor only. A homeowner "is not qualified" if the contract was one "in which the contractor did not hold a valid and current license at the time of the construction contract." For this test the statute counts "a license in an active, inactive, delinquent, or suspended status" (s. 489.1402(1)(l)). That is why the license check matters so much here: if the roofer had no Florida contractor's license on the day the contract was signed, the statute excludes that loss from the Fund.

Owner-occupied homes only. The Fund is for a "homeowner", which the statute defines as the owner of an owner-occupied residence. A residence means a house, a condominium or cooperative unit, or a building of no more than two units that the owner lives in, or will live in, 6 months or more each calendar year once the work is done. By its terms, the definition does not reach a rental the owner does not live in, or a second home lived in less than 6 months a year.

Roofing has been inside the Fund since July 1, 2016. The statute that defines the trades lists roofing at s. 489.105(3)(e), inside Division II (paragraphs (d) through (q)). The only Division II exclusion is a contract "to perform a scope of work described in s. 489.105(3)(d)-(q) before July 1, 2016."

A judgment, award or restitution order comes first, then collection, then the application to the Fund. The statute's conditions are these:

  • The order. The homeowner "has received a final judgment in a court of competent jurisdiction in this state or has received an award in arbitration or the Construction Industry Licensing Board has issued a final order directing the licensee to pay restitution." The board may waive this if the licensee has died, or if a bankruptcy court blocks a judgment.
  • The violation. The judgment, award or order "is based upon a violation of s. 489.129(1)(g), (j), or (k) or s. 713.35". Those are:
    • mismanagement or misconduct that causes the customer financial harm;
    • abandonment;
    • signing certain false statements (for example, that the work is bonded or that subcontractors, labor and materials have been paid);
    • a false statement about payment of subcontractors or suppliers under s. 713.35.
  • The damages. The order "specifies the actual damages suffered".
  • The licensee. The violation was committed by a licensee.
  • Collection. A writ of execution has been issued and returned unsatisfied (no property to levy on, or a sale that fell short of the judgment), or the homeowner has met the statute's alternative. Where the board ordered restitution, the homeowner has also made "a diligent attempt, as defined by board rule, to collect the restitution awarded by the board".
  • Timing. The application is made "within 1 year after the conclusion of any civil, criminal, or administrative action or award in arbitration based on the act."

Recovery also comes only after the homeowner has exhausted the limits of any available bond, guarantee, warranty, letter of credit or other source the statute lists.

The caps.

  • For Division II work, which includes roofing, payment from the Fund is capped at $30,000 for contracts entered into on or after July 1, 2024. The cap is $15,000 for contracts entered into from July 1, 2016, through June 30, 2024.
  • Payments arising from the same transaction share one cap, regardless of how many homeowners apply. A transaction is one contract, or a series of contracts for the same or adjoining property.
  • Each Division II licensee has a total cap of $600,000 for contracts entered into on or after July 1, 2024, and $150,000 for the earlier contracts.
  • Subsection (2) of the same statute also still names $25,000 ("whichever is less") in its payment formula, which also refers to the unsatisfied part of a judgment and to each Division's maximum; the board decides each payment.
  • Payment is limited to actual damages, and payment of "postjudgment interest, attorney fees, court costs, medical damages, and punitive damages is prohibited."

What a payout does to the license. The statute says: "Upon the payment of any amount from the recovery fund … the license of such licensee shall be automatically suspended, without further administrative action, upon the date of payment from the fund." The license may not be reinstated until the licensee repays the Fund in full with interest, and a bankruptcy discharge does not lift that.

How to apply. The application is made on the board's form, DBPR/CILB/022 (Revised December 2024), under Rule 61G4-21.003. It is mailed to the address printed on the form: Florida Homeowners' Construction Recovery Fund, Construction Industry Licensing Board, 2601 Blair Stone Road, Tallahassee, FL 32399-1039. The Recovery Fund office's number is 850-921-6593, and DBPR's own page calls the Fund "a last resort after all civil remedies have been exhausted."

Small claims court, county court, and how a judgment becomes license leverage

A money dispute of $8,000 or less goes to small claims court, Florida's simplest county-court track; up to $50,000 it is an ordinary county-court case, and larger cases go to circuit court; all are filed with the clerk. A judgment opens two more doors: a licensed roofer who has not satisfied it within 60 days is within a disciplinary ground (FS 489.129(1)(q); Rule 61G4-17.001), and a judgment expressly based on one of the Fund's listed violations, with actual damages specified, can start a Recovery Fund application.

Florida's small claims court runs on a simpler set of court rules for the smallest money cases. The Florida Small Claims Rules (rule 7.010(b)) apply them to "all actions of a civil nature in the county courts which contain a demand for money or property, the value of which does not exceed $8,000 exclusive of costs, interest, and attorneys' fees." County courts hear actions at law where the amount in controversy does not exceed $50,000 for cases filed on or after January 1, 2023, not counting interest, costs and attorney fees. Larger actions at law go to circuit court (FS 26.012(2)(a)).

Florida's venue statute says actions "shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located." The Santa Rosa clerk's packet for these cases puts it plainly: "The proper place to sue is where the transaction occurred, where the other person lives or where you were to be paid." Cases can be filed at the clerk's counter or through the Florida Courts e-filing portal at myflcourtaccess.com.

Where to file in our three counties. The clerks publish the forms, fees and steps, and this page does not repeat them.

  • Escambia County: Clerk of the Circuit Court and Comptroller, Clerk's Judicial Offices (County Civil division), 190 West Government Street, Pensacola, FL 32502.
  • Santa Rosa County: Clerk of Court and Comptroller, Santa Rosa County Courthouse, 4025 Avalon Blvd., Milton, FL 32583, where the clerk's office takes court filings; County Civil questions (850) 981-5567 (clerk's contact list). The clerk's South End Service Center, 5841 Gulf Breeze Pkwy., Gulf Breeze, also takes filings of court cases, Monday–Friday 8 a.m.–4:30 p.m. (clerk's locations).
  • Okaloosa County: Clerk of Circuit Court, Okaloosa County Courthouse, 101 E. James Lee Blvd., Room 108, Crestview, FL 32536 (850-689-5000), or the Courthouse Annex Extension, 1940 Lewis Turner Blvd., Suite 1-300, Fort Walton Beach, FL 32547 (850-651-7200). Both locations are on the clerk's small claims page.

Two sentences from the clerks' own packets set expectations honestly:

  • Okaloosa's brochure: "Neither the Court nor the Clerk's office can collect money damages for you."
  • Santa Rosa's packet: "If you have questions or concerns about these forms, commentary, the use of the forms, or your legal rights, it is strongly recommended that you talk to an attorney."

How a judgment becomes license leverage. A judgment against a licensed roofer also opens two routes outside the court case.

  • First, "failing to satisfy within a reasonable time, the terms of a civil judgment obtained against the licensee … relating to the practice of the licensee's profession" is a disciplinary ground. The board's rule defines a reasonable time as "sixty (60) days following the entry of a civil judgment that is not appealed."
  • Second, a final judgment that specifies actual damages and rests expressly on one of the violations the Fund statute lists, such as abandonment or financial mismanagement, is one of the three starting points that statute accepts before the Fund can consider paying; an arbitration award or a board restitution order are the others (above).

Whether to file, in which court, and against whom (the company, its qualifying agent, or both) are the questions a Florida attorney or legal aid answers. The Florida Bar's referral line and the Disaster Legal Aid Helpline are in the cancel page's directory.

Why vetting beats remedies: what the Panhandle record shows

Every route on this page exists, and the local record shows how slowly they pay. Deposit cases that include Hurricane Sally victims reached convictions, a guilty plea and prison sentences five and six years after the storm. One defendant was ordered to pay more than $2 million in restitution and says he has no funds or assets to sell; another's plea agreement carries roughly $4.7 million in restitution.

A guilty plea, October 2026. On October 6, 2026, a Pensacola-area contractor pleaded guilty to 19 felony counts, including 13 counts of failing to return contractor payments of $1,000 to $20,000. Prosecutors said the case involved more than 150 victims and more than $5 million taken from May 2019 through December 2022 across Escambia, Santa Rosa and Okaloosa counties (WEAR-TV, Oct. 6, 2026). The plea agreement reported by WEAR-TV carries roughly $4.7 million in restitution; sentencing was scheduled for December 4, 2026.

One of those victims' stories ran in the Pensacola News Journal on October 13, 2026. A couple paid $90,000 down for a complete rebuild after Hurricane Sally, and two years later they still had an unlivable home and were sleeping in a camper. The same article quotes an assistant state attorney warning about "large upfront payments (10% or more)" and contracts "without a draw schedule for funds and materials" (Pensacola News Journal, Oct. 13, 2026).

Two prison sentences, 2025 and 2026. A second Pensacola-area contractor was sentenced on December 11, 2025, to 10 years in prison with $506,385 in restitution. Prosecutors said he had defrauded victims of more than $2 million between 2018 and 2022. A homeowner's mother told the court he "received $157,000 of the loan and then abandoned the job" (WEAR-TV, Dec. 11, 2025).

On August 31, 2026, the same man received 30 more years and an order to pay more than $2 million in restitution. A prosecutor said that of 22 Escambia County projects under his name, four were completed, and the man says he has no funds or assets to sell. A related WEAR headline reported that authorities say victims' restitution is unlikely (WEAR-TV, Aug. 31, 2026).

Four years earlier, in September 2022, a Pensacola family had paid that contractor a $40,000 deposit after Sally. They still had a tarp on the roof and bare studs inside, and they had been filing complaints with the county's contractor competency board (WEAR-TV, Sept. 16, 2022).

The same gap after other storms. The gap between the deposit and the case is the pattern, not the exception.

  • After Hurricane Milton (October 2024), 14 mobile-home-park residents aged 62 to 95 paid $222,000 in down payments. Complaints began in July 2025. In December 2025 the contractor was arrested on 13 felony charges, including 10 counts of presenting someone else's contractor's license during a declared state of emergency, and police investigators said none of the work was completed (WWSB, Dec. 17, 2025).
  • After Hurricane Michael (October 2018), an 87-year-old homeowner's checks totaling about $38,000 were cashed between February and May 2019. The only permit pulled was for a demolition that had to be redone, and by August 2019 no work had been done for six months. The grand-theft guilty verdict came in June 2026 (State Attorney's Office, 14th Judicial Circuit, June 17, 2026).
  • In October 2026, a Central Florida homeowner who paid a $15,000 deposit in February 2026 told a television station that the company cashed the check, no crew ever came, and the company stopped answering (WKMG News 6, Oct. 12, 2026).

The lesson is not that the routes are useless; it is that they are slow and that a judgment is worth what the defendant owns. The cheapest protection is the one before the deposit: the license check on the scams page, the eight questions on the questions page, and a payment schedule tied to the work, so the money you have paid never runs far ahead of the materials delivered and the work done.

Who to call, and where the full directory is

The DBPR routes are described above: unlicensed activity and its hotline in the license section; complaints against a licensed roofer in the DBPR section; and the Recovery Fund and its phone number in its own section. The county clerks are in the court section. The Attorney General's consumer line, free and low-cost legal help and the county building departments are in one directory on the cancel page.

Unlicensed activity · complaints against a licensed roofer · the Recovery Fund · the full agency directory on the cancel page.

This page is general information for Florida homeowners, current as of October 30, 2026, and not legal advice. We are roofers, not lawyers, and nothing here tells you what your own contract allows. Statutes and rules cited: Fla. Stat. §§ 489.105, 489.117, 489.126, 489.127, 489.128, 489.129, 489.13, 489.131, 489.1402, 489.141, 489.1425, 489.143, 455.225, 713.35, 812.014, 26.012, 34.01 and 47.011; Fla. Sm. Cl. R. 7.010; Fla. R. Gen. Prac. & Jud. Admin. 2.514; Rules 61G4-17.001 and 61G4-21.003, F.A.C.; DBPR Emergency Orders 2026-01 and 2026-02; Executive Order 26-202. Read them yourself at leg.state.fl.us and flrules.org. For your own contract and your own facts, talk to a Florida attorney or legal aid.

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Got Questions?

Roofer Took Your Deposit in Florida — Frequently Asked

The statute stretches them only for just cause or for a longer period the person who paid "agreed, in writing," to. A phone call is not a written agreement; whether a text or email counts is a question for a Florida attorney.

Not in the statute's terms: s. 489.126(3)(b)3.a. describes proper notification of termination as a letter that gives the reason, sent by certified mail, return receipt requested. Whether the job counts as abandoned is a question for a Florida attorney or legal aid.

A complaint against a licensed contractor stays confidential until 10 days after probable cause is found, under s. 455.225(10). DBPR says complaints of unlicensed activity are always public record.

Want an independent look at the roof?

Jason photographs your roof and sends you a written report and a quote within 24 hours, whether or not you ever hire us. Florida law sets these deposit rules for every roofer, including us. Before you sign with anyone else, ask a Florida attorney or legal aid how that affects your contract with the first roofer. You can check Jason's license, CCC1337480, at myfloridalicense.com.