Florida does not tell a roofer how much it can ask for up front. It does tell the roofer what has to happen next once the deposit passes 10 percent, and it makes keeping your money without doing the work a crime. This is how section 489.126, Florida Statutes plays out on a home reroof under the 2026 statutes.
| Situation | What Florida law requires |
|---|---|
| Deposit of 10 percent or less | No statutory deadlines tied to the deposit |
| Deposit over 10 percent | Permit application due 30 days after you pay |
| Permit issued | Start work within 90 days after it is issued |
| Deadline missed | You send a written demand by certified mail |
| No action 30 days after your demand | A court may infer the roofer had no just cause |
Is there a legal limit on a roofing deposit?
No. Section 489.126 does not set a maximum percentage or dollar amount. A roofer can ask for 10, 30 or 50 percent, and you can say yes, say no or negotiate. The statute's definition of "contractor" covers anyone who does or promises to do the work, licensed or not, so the rules below apply even to an unlicensed roofer.
What changes once the deposit is over 10 percent?
The roofer takes on two deadlines for work on residential property:
- Apply for the permit within 30 days after the date you paid. This does not apply to work that needs no permit, but a reroof in Orlando and Orange County needs one.
- Start the work within 90 days after all necessary permits are issued.
Both deadlines stretch only for just cause or for a longer timeline you put your signature on. Read the contract for that language before you sign. A clause that gives the roofer 180 days to start is a written agreement to a longer period.
What if the roofer takes my deposit and never starts?
The statute gives you a set process. Follow it in order, and keep copies of everything.
- Check the dates. Note the day you paid, the day the permit was applied for and the day it was issued. You can look up permit status with the City of Orlando or Orange County.
- Send a written demand by certified mail, return receipt requested. Send it to the address in your contract. If there is none, use the roofer's address on file with its licensing board.
- Wait 30 days. If the roofer does not apply for permits, start work or refund your payment within 30 days of the demand, the law lets a court infer it had no just cause.
- Talk to an attorney about a civil claim, a complaint to the licensing board and a report to law enforcement.
The penalty depends on how much money is involved:
| Amount received | Offense |
|---|---|
| Under $1,000 | First-degree misdemeanor |
| $1,000 to under $20,000 | Third-degree felony |
| $20,000 to under $200,000 | Second-degree felony |
| $200,000 or more | First-degree felony |
The statute also says intent to repay later is not a defense.
What if the work starts and then stops?
A separate part of s. 489.126 covers a roofer who has been paid more than the value of the work done so far. That roofer may not stop work for 90 days, or for any other period set in the contract, without just cause. If it walks off without proper notice, you send a certified-mail demand to finish the work or refund the excess. No response within 30 days lets a court infer there was no just cause. The penalty table above applies to the excess amount.
What should the contract say about payment?
Any home contract above $2,500 must carry a printed notice about the state recovery fund and the licensing board's address and phone, under section 489.1425, Florida Statutes. A licensed roofer who leaves it out can be fined by the board. If that statement is missing, ask why.
Beyond what the law requires, a clear contract shows:
- The deposit amount and what it pays for, such as ordering materials
- The dates for applying for the permit and starting work
- A payment schedule tied to stages you can see, like dry-in and final inspection
- Who pays suppliers and how you get lien releases
Payments to the roofer can also create lien risk if suppliers go unpaid. See Florida roofing liens and the Notice to Owner.
Can the recovery fund pay me back?
Sometimes, and only after you have tried other routes. You generally need a court judgment, arbitration award or licensing board restitution order against a licensed contractor that went unpaid. Section 489.105, Florida Statutes classifies roofing contractors as Division II. Under section 489.143, for Division II contracts signed on or after July 1, 2024, the fund pays up to $30,000 per claim and no more than $600,000 in total for any one licensee. Contractors who were unlicensed when you signed are excluded. Consult an attorney before you rely on it.
How do I protect a deposit before I pay it?
Look up the roofer's license on MyFloridaLicense.com and confirm the name matches the contract. Pay by check or card so there is a record, and get a receipt that states the amount and date. Ask when the permit application will go in, then check that it did. Our guide on how to choose a roofer in Orlando covers insurance and contract checks, and how long roof replacement takes shows a normal timeline from signing to final inspection.
If cost is what pushes you toward a roofer who wants a big deposit, compare prices in our Orlando roof replacement cost guide and see roof financing.
To get a written, line-item proposal with dates, book a free roof inspection.
