Florida homeowner law · property insurance
Florida Home Law: your rights when insurance is what protects your home
Florida home law is a lot of things, but when a storm, a leak or a fire hits, the part that matters most is the law that governs your homeowners insurance claim. This free guide explains it in plain English: the deadlines you must meet, the deadlines your insurer must meet, what the 2022–2023 reforms changed, and where to turn when a claim goes sideways.
- Statute citations on every guide
- Reviewed October 2026
- Sponsored by The Lawgical Firm, P.A.
Topic hub
Explore Florida home law by topic
Each guide focuses on one question homeowners ask most, cites the Florida Statutes it relies on, and links to the official source so you can read the rule yourself.
Florida Homeowner Claims Bill of Rights
The one-page notice your insurer must send within 14 days of your first claim contact, and what each promise in it means.
s. 627.7142The claim process, step by step
From the first phone call to payment: 7-day, 30-day and 60-day insurer deadlines, and your 1-year notice window.
ss. 627.70131, 627.70132What changed in 2022–2023
SB 76, SB 2-A and HB 837 in one place: shorter notice deadlines, no more one-way attorney fees, the end of assignment of benefits.
Reform timelineCitizens Property Insurance claims
How a claim with the state-created insurer works, the 20% eligibility rule, and the flood-coverage requirement now phasing in.
s. 627.351(6)Roof and hurricane rules
Hurricane deductibles, roof deductibles, the roof-age rule for policies, and the “25% rule” for roof repairs.
ss. 627.701, 627.7011, 553.844Mediation and appraisal
The state’s free mediation program, appraisal under your policy, and sinkhole neutral evaluation compared side by side.
ss. 627.7015, 627.7074When you need a homeowner insurance lawyer
Warning signs in a denial or low offer, pre-suit notice, and what working with a property insurance attorney looks like now.
s. 627.70152Free case review
Send a short description of your claim and a Florida property insurance attorney will look at it. No upfront fees.
(407) 433-4131Know your rights
Ten Florida homeowner insurance rights worth knowing before you file
Tap any right to see what it means in practice and where it comes from. These summaries apply to most personal residential policies; your policy wording and date of loss can change the answer.
Your claim must be acknowledged within 7 days
Once you report a claim, the insurer generally has 7 calendar days to acknowledge it and send claim forms, instructions and a phone number. A dated phone acknowledgment counts if it is noted in the claim file.
Florida Statutes s. 627.70131(1) and (2)
You get a plain-language Bill of Rights within 14 days
For personal residential policies, the insurer must send the Homeowner Claims Bill of Rights within 14 days of your first communication about the claim. Read what it promises.
s. 627.7142
Inspection within 30 days of your proof of loss
If the insurer wants to physically inspect, it must generally do so within 30 days after it receives your proof-of-loss statement, and the adjuster must give you their name and state license number.
s. 627.70131(3)(b)
A copy of the adjuster’s detailed estimate within 7 days
When the insurer’s adjuster prepares a detailed estimate of the loss, you are generally entitled to a copy within 7 days after it is generated. Ask for it in writing if it does not arrive.
s. 627.70131(3)(e)
Payment or a written denial within 60 days
For residential claims, the insurer must pay or deny, in whole or in part, within 60 days after notice of an initial, reopened or supplemental claim, and explain its decision in writing. Limited exceptions apply, such as a declared state of emergency or a policyholder who does not cooperate.
s. 627.70131(5) and (7)
Interest if payment comes late
If the insurer pays after the deadline, the payment generally carries statutory interest from the date the insurer received notice of the claim. The policy cannot waive this.
s. 627.70131(7)(a)
Free state mediation of a disputed claim
The Florida Department of Financial Services runs a mediation program for residential property claim disputes, and the insurer pays the mediator. You can back out of a mediated settlement within 3 business days unless you have already cashed the check. How mediation works.
s. 627.7015
Replacement cost, paid in stages
With a replacement cost dwelling policy, the insurer must pay at least the actual cash value (minus the deductible) first and the rest as repairs are done. For a total loss it must pay replacement cost without holding back depreciation.
s. 627.7011(3)(a); s. 627.702
Your roof’s age alone cannot cost you coverage if it is under 15
For policies issued or renewed on or after July 1, 2022, an insurer may not refuse to write or renew a home policy solely because the roof is less than 15 years old. Older roofs can earn coverage with an inspection showing at least 5 years of useful life. Roof and hurricane rules.
s. 627.7011(5)
One hurricane deductible per calendar year
A hurricane deductible applies once per calendar year to all hurricane losses under policies from the same insurer group. After the first storm, later hurricane claims that year use the greater of the remaining hurricane deductible or your regular deductible.
s. 627.701(5)
Deadlines
The claim clock under Florida home law
Most claim problems we hear about start with a missed date. Here are the main ones in order, for residential claims with recent dates of loss.
- Day 7Insurer acknowledges your claim and sends formsInsurer
- Day 14Homeowner Claims Bill of Rights arrivesInsurer
- Day 30*Physical inspection done (*after proof of loss)Insurer
- Day 60Claim paid or denied in writing, with reasonsInsurer
- 1 yearLast day to give notice of a new or reopened claimYou
- 18 monthsLast day to give notice of a supplemental claimYou
- 10 business daysPre-suit notice must precede any lawsuitYou / your lawyer
- 5 yearsSuit for breach of the policy, counted from the date of lossYou / your lawyer
For a hurricane or other weather event, the date of loss is the landfall date or the date NOAA verifies the event (s. 627.70132(3)).
A rough guide only. The 1-year and 18-month windows apply to losses under the post-December 2022 version of s. 627.70132; older losses had longer windows. Your policy may impose its own conditions, so have a lawyer confirm any deadline you are close to.
Reforms
Florida homeowners insurance law, before and after the reforms
Three bills reshaped Florida homeowner law between 2021 and 2023. The details are in our guide to the 2023 insurance law changes.
| Topic | Before | Now (generally) | Source |
|---|---|---|---|
| Notice of a new claim | 3 years for hurricane/windstorm only; then 2 years for any peril (SB 76, 2021) | 1 year from date of loss | SB 2-A (2022); s. 627.70132 |
| Supplemental claim notice | 3 years (SB 76) | 18 months from date of loss | SB 2-A; s. 627.70132 |
| Insurer pay-or-deny deadline | 90 days | 60 days | SB 2-A; s. 627.70131(7) |
| Attorney fees if the homeowner wins | Insurer usually paid them (one-way fee statute) | Each side generally pays its own | SB 2-A; HB 837 (2023) |
| Assignment of benefits to a contractor | Allowed with conditions | Void for policies issued on or after Jan. 1, 2023 | s. 627.7152(13) |
| Notice before suing | Generally not required before 2021 | 10 business days’ written pre-suit notice | SB 76; s. 627.70152 |
What this site covers
Florida homeowner law, through the lens of insurance
“Florida home law” can mean homestead, HOA disputes, landlord-tenant rules or real estate closings. This site deliberately sticks to one slice: Florida homeowners insurance law, because that is the practice of the sponsoring firm, a Florida property insurance claims law firm.
If your question is about an HOA, a lease or a closing, the Florida Bar Lawyer Referral Service can point you to a lawyer who handles that area.
Claim types the firm reviews
- Hurricane and windstorm damage
- Roof damage and roof leaks
- Water damage and plumbing leaks, including mold
- Fire, hail, sinkhole, theft and vandalism
- Residential and commercial property claims
Getting help
When Florida home law says it is time to talk to a lawyer
Plenty of claims are paid fairly without anyone hiring a lawyer. These are the moments when a second opinion tends to be worth it:
- The insurer denied the claim, or paid only for “wear and tear” or “pre-existing” damage.
- The offer is far below your contractor’s estimate, or the adjuster’s estimate leaves out whole rooms or the roof.
- Sixty days have passed with no payment or written decision.
- You are asked for an examination under oath, a recorded statement or a stack of documents with a short deadline.
- The insurer demands appraisal, or you are weighing whether to invoke it.
- You are close to the 1-year or 18-month notice deadline.
Read more in when to hire a Florida homeowner insurance lawyer.
Questions homeowners ask about Florida home law
What is the Florida Homeowner Claims Bill of Rights?
It is a short notice, required by section 627.7142 of the Florida Statutes, that a personal residential insurer must send within 14 days after you first contact it about a claim. It summarizes your rights to acknowledgment, estimate copies, a 60-day decision, interest on late payment, and free mediation.
How long do I have to report a homeowners insurance claim in Florida?
For most current losses, notice of a new or reopened claim must be given within 1 year after the date of loss, and notice of a supplemental claim within 18 months, under section 627.70132. Older losses fell under longer windows, so the date of loss matters.
Does my insurer still pay my attorney fees if I win?
Generally no, for newer policies. The 2022 special session (SB 2-A) ended one-way attorney fees in property insurance suits and HB 837 repealed the old fee statute in 2023. Which rule applies can depend on when your policy was issued, so ask a lawyer about your specific policy.
Is mediation required before I can sue my insurer?
No. State mediation under section 627.7015 is optional for the homeowner. What is required before most property insurance lawsuits is a written pre-suit notice, submitted on a Department of Financial Services form at least 10 business days before suit, under section 627.70152.
Does this site cover HOA or landlord-tenant law?
No. This site covers Florida homeowner law only as it relates to property insurance claims. For HOA, landlord-tenant or real estate questions, contact the Florida Bar Lawyer Referral Service.