The Florida Homeowner Claims Bill of Rights, line by line

What the Bill of Rights is, and what it is not

The Legislature created the Homeowner Claims Bill of Rights in 2014 and placed it in section 627.7142 of the Florida Statutes. It applies to personal lines residential property policies — homeowners, condo unit-owner, dwelling-fire and mobile home policies that insure where people live. Commercial policies are not covered by this particular notice.

The statute calls the document a plain-language summary of rights that already exist elsewhere in the insurance code, mainly in section 627.70131 (claim-handling deadlines) and section 627.7015 (mediation). That framing matters in two ways:

• The Bill of Rights does not, by itself, create new rights or a separate right to sue. The underlying statutes and your policy are where the rights actually live.
• An insurer that fails to send it can be disciplined by regulators, but the failure is not evidence you can use in a civil lawsuit, according to the statute.

Even so, it is the clearest single checklist a Florida homeowner gets of the clock the insurer is on. Keep it with your claim file.

When you should receive it

Your insurer must provide the Bill of Rights within 14 days after it receives your first communication about a claim. In practice, most companies send it by email or mail together with the acknowledgment letter and claim number. If two weeks have passed since your first call and you have not seen it, ask for it in writing and note the date you asked.

The notice does not apply to every contact. If a represented policyholder’s lawyer is handling communications, or the claim is plainly outside the policy, the paperwork you receive may look different. Ask your insurer which documents apply to your claim if anything seems missing.

The rights it lists, with the statute behind each one

The current form lists the following rights. The wording below is our plain-English summary; read the form you receive for the exact text.

1. Acknowledgment within 7 days. The insurer must acknowledge your reported claim within 7 days after you report it. Under section 627.70131(1)–(2), that acknowledgment for a new claim should include the forms you need, instructions, and a phone number.
2. A coverage position within 30 days of a proof of loss, if you ask in writing. After you submit a complete, sworn proof-of-loss statement, you can request in writing that the insurer tell you whether the claim is covered in full, covered in part, or denied, or that it is still investigating. The insurer has 30 days from that request to respond.
3. A copy of any detailed estimate within 7 days. If the insurer’s adjuster writes a detailed estimate of your loss, you are entitled to a copy within 7 days after it is generated (s. 627.70131(3)(e)). This is often the most useful document in a dispute, because it shows line by line what the insurer included and left out.
4. Payment or denial within 60 days. Within 60 days after notice of an initial, reopened or supplemental claim, the insurer must pay the claim, pay the undisputed portion, or deny it, and explain its decision in writing (s. 627.70131(7)). Mortgage companies named on the policy may be listed on the check.
5. Interest if the 60 days are missed. If the insurer does not pay or deny on time, a later payment carries statutory interest from the date the insurer received notice of the claim. The interest is paid when the claim, or the undisputed part of it, is paid.
6. Free mediation. You can ask the Florida Department of Financial Services (DFS) to mediate a disputed claim. The insurer pays the cost of the mediator, with limited exceptions. See our guide to Florida property insurance mediation.
7. Neutral evaluation for sinkhole claims. For a covered sinkhole claim, either side can request neutral evaluation by a DFS-certified evaluator under section 627.7074.
8. A helpline. The DFS Division of Consumer Services runs a free insurance helpline at 1-877-MY-FL-CFO (1-877-693-5236) for questions about how your claim is being handled.

The practical advice printed on the form

The Bill of Rights also includes a short list of homeowner do’s and don’ts. They are worth taking seriously:

• Report the claim directly to your insurance company.
• Make reasonable emergency repairs to stop further damage — tarp the roof, shut off water — and keep every receipt.
• Photograph and video the damage before and after emergency repairs, and keep damaged items when you can.
• Check with your insurer before signing a repair contract; some policies have managed-repair or preferred-contractor programs that change how the claim is paid.
• Read carefully any contract that asks you to pay a percentage of your insurance proceeds or to pay out of pocket.
• Confirm a contractor’s Florida license and complaint history with the Department of Business and Professional Regulation, and ask for proof of insurance before work starts.
• If you have to leave the home, secure it, turn off utilities and give the insurer a number where you can be reached.

What to do when the insurer misses a deadline

The Bill of Rights tells you the timelines. It does not, by itself, give you a separate lawsuit when a timeline is missed. What it does give you is leverage and a paper trail:

1. Write it down. Keep a claim diary: dates of calls, names and license numbers of adjusters (the adjuster must give you theirs under s. 627.70131(3)(b)), and copies of everything you send.
2. Ask in writing. Email the adjuster, cite the deadline, and ask for the missing item: the estimate, the coverage decision, or payment of the undisputed amount.
3. Contact DFS. A consumer complaint or assistance request with the Division of Consumer Services often prompts a response, and the department tracks insurer compliance.
4. Consider mediation. Once the insurer has made its coverage decision, a disputed claim is generally eligible for state mediation.
5. Get a legal opinion. Repeated missed deadlines, a denial you think is wrong, or a payment well below repair costs are the situations where a Florida homeowner insurance lawyer can explain options such as pre-suit notice under section 627.70152 or a civil remedy notice under section 624.155.

Your side of the deal: deadlines and duties

The Bill of Rights is about the insurer’s obligations, but the policy and the statutes put obligations on you too. Missing one can hurt a claim even when the damage is clearly covered:

• Notice deadlines. For current losses, notice of a new or reopened claim must be given within 1 year of the date of loss, and a supplemental claim within 18 months (s. 627.70132). The claim process guide walks through these.
• Cooperation. Policies typically require you to show the damage, provide records, sit for a recorded statement or an examination under oath, and submit a sworn proof of loss when asked. If you fail to provide requested material information within 10 days, the insurer’s 60-day clock can be tolled (s. 627.70131(8)(b)).
• Mitigation. You are expected to take reasonable steps to prevent further damage.

These duties are where a lot of denials come from. If an insurer says you did not cooperate, ask exactly what it says is missing, and supply it in writing.

Frequently asked questions

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