Storm contractor rules in Florida: price gouging, tax receipts and roof contracts

This page reports what the official source says. It is not legal advice: ask the office named here. The wider picture is on the storm contractor rules page.

The three sources in one table

Source	What it says
Florida Statutes 501.160	After the Governor declares a state of emergency, it is unlawful to rent or sell, or offer to, an essential commodity at an unconscionable price in the declared area. The section lists services among the commodities. The prohibition lasts no more than 60 days under the initial declaration unless an executive order extends it.
Florida Statutes 501.160, subsection 8	During a declared emergency, a person who offers goods and services to the public without a business tax receipt commits a second-degree misdemeanor. Religious, charitable, fraternal, civic, educational and social organisations are excluded.
Florida Statutes 489.147	Rules for contractors who solicit or contract for roof work tied to insurance claims, including a 10-day cancellation right for roof contracts made within 180 days of a declared emergency. The section is about roofs, not tree work.
Florida Attorney General, October 11, 2024	A list of tips for owners after Hurricane Milton, including checking licences and insurance of a company, written estimates, and not paying the full amount up front.

Price gouging

Section 501.160 defines a commodity as any goods, services, materials, merchandise, supplies, equipment, resources or other article of commerce. It says a price is prima facie unconscionable if it shows a gross disparity from the average price during the 30 days before the declaration, or grossly exceeds the average price for the same or a similar commodity in the trade area in that period. The section adds an exception where the increase comes from additional costs or from regional, national or international market trends. It says a price increase approved by a government agency is not a violation, that the state attorney or the Department of Legal Affairs can enforce the section, and that the section creates no private cause of action.

Business tax receipts

Subsection 8 of the same section ties the second-degree misdemeanor to a missing business tax receipt under the local tax receipt sections it cites. It says that when price gouging is alleged, failure to possess a licence is reasonable cause to detain the person, for a reasonable period and in a reasonable manner. The section does not describe a state contractor licence: the receipt is the local business tax.

Roof contracts

Section 489.147 is written for roof work, and the statute does not say it covers tree removal. It bars a contractor from offering a rebate, gift or waiver of an insurance deductible in exchange for a roof inspection or a claim. It gives the owner 10 days to cancel a roof contract made within 180 days of a declared state of emergency, or until the official start date if that comes first, and it sets a fine of up to US$10,000 for each violation. It requires fixed notice wording in bold type of at least 14 points in roof contracts.

What the Attorney General alert adds

The alert, issued October 11, 2024 after Hurricane Milton, lists tips for tree removal: watch for unsolicited approaches, get multiple written estimates, ask whether debris removal is included, check proof of insurance with the insurer, and do not pay the full amount up front. For hiring contractors it names the state licence website and says a contract should include the buyer's right to cancel wording. It is an alert, not a rule, and it does not say which trades need a state licence.