Conor Norris, Ethan Kelley: You shouldn’t need a license to be a good Samaritan

After the devastation wrought by Hurricane Ian, Florida will have to spend years rebuilding. But one Texas roofer was arrested for just trying to help, showing that licensing laws often just get in the way.

When disasters strike, Americans come together, ignoring political and regional differences. Americans are consistently ranked as the most charitable people in the world, and we prove it after disasters like Hurricane Ian.

Hurricane Ian was a destructive storm, battering large portions of Florida, Georgia and South Carolina. Homes and communities were destroyed. But just as we watched the destruction unfold, we are watching an outpouring of support from around the country. Countless people donated money to help the recovery effort. Others came to Florida to help physically rebuild, offering their services as contractors or roofers.

Terence Duque, the owner of Duque Roofing, was one such man, traveling to Florida from Texas to help. He has a highly-rated roofing business in Texas, and after helping the police give out food, he started offering his roofing services. But instead of helping to rebuild the community in Charlotte County, Duque was not only stopped, but he was also arrested for offering services without a Florida license.

Silly occupational licensing laws strike again.

Occupational licensing laws are designed to protect consumers from low-quality or fly-by-night professionals. After a disaster like Hurricane Ian, poor contractors and fraudsters pose a serious risk of harm. But occupational licensing typically falls short of its goal. It helps professionals, insulating them from competition and increasing their salaries, but it doesn’t actually improve quality for consumers. Contractor licensing can even harm people, when it forces them to do the work themselves.

In past emergencies, the state government allowed professionals who were licensed in other states to help. They could work in Florida during the state of emergency using their home state’s license. These temporary waivers allowed licensed professionals from other states, like Duque, to legally help Floridians. But relying on emergency waivers has drawbacks, especially when they aren’t issued.

A more effective solution would be to permanently recognize licenses from other states. It’s not as crazy as it sounds. Since 2019, 18 states have implemented universal recognition. Had Florida been one of those states, Duque wouldn’t be in jail and a Charlotte County homeowner would have a roof over their head.

How does universal recognition work? It allows workers who already have a license to work in their home state to move to another state and work without the need for re-licensure and a lengthy waiting period. Workers who want to use universal recognition must be in good standing in their home state and not have a criminal or civil record against them. It allows licenses to be taken with the worker when they move. Their skills and record of quality don’t disappear when they move to a state — and their license shouldn’t either.

For someone looking to move, the costs of reapplying for a license may be so high that they decide not to move. Around 20% of workers need a license to work. Research finds that rigid licensing requirements reduce the likelihood of workers moving by as much as 7%.

Providing relief to families impacted by Hurricane Ian is important. But Florida’s licensing requirements and inability to accept other states’ licenses prevents skilled professionals from providing that relief. Meeting these licensing requirements are time intensive when time is something many families can’t afford.

After Hurricane Frances in 2004, Florida allowed out-of-state roofers to come and work, which helped the state recover faster. But today, Duque and his employees have found themselves wrapped up and suffocated by an anaconda of licensing regulations. Licensing laws are preventing Floridians from getting repairs at a time when they need it most.

Americans’ desire to help in the face of tragedy is unrelenting. Unfortunately, licensing laws are just as unrelenting. Even in an emergency, they prevent skilled professionals from coming to Florida and offering their much-needed services.

Had Florida implemented universal licensing recognition before the storm, this never would have happened. Hurricane Ian demonstrated the importance of allowing professionals to come to the state, in emergencies and in normal times. Florida should do better for both its citizens and good Samaritans like Duque.

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Conor Norris is the assistant director and Ethan Kelley is a legislative analyst at the Knee Center for the Study of Occupational Regulation at West Virginia University in Morgantown, West Virginia.