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Florida roof insurance law and hurricane deductibles, explained

In Florida, the roof is where most homeowner claims start and where many of them go wrong. Florida roof insurance law changed significantly in 2022, and hurricane deductibles work differently from the deductible most people have in mind. Here is how the main rules fit together.

Last reviewed: October 2026. General information about Florida law, not legal advice for your situation.

How hurricane deductibles work

Most Florida homeowners policies have two deductibles: an “all other perils” deductible (often a flat dollar amount) and a separate hurricane deductible, usually a percentage of your dwelling coverage (Coverage A). Section 627.701 sets the rules.

The options insurers must offer

Before issuing a personal residential policy, the insurer must offer hurricane deductibles of $500, 2%, 5% and 10% of the dwelling limit (s. 627.701(3)(a)), with some exceptions for higher-value homes: the $500 option need not be offered when dwelling limits are $250,000 or more, for example. A hurricane deductible above 10% on a home valued under $500,000 requires your signed statement and, if there is a mortgage, the lender’s written approval.

What 2% means in dollars: with $350,000 of dwelling coverage, a 2% hurricane deductible is $7,000, and a 5% deductible is $17,500. The dollar amount must appear on your declarations page (s. 627.701(4)(b)).

One hurricane deductible per calendar year

The hurricane deductible applies once per calendar year to all hurricane losses under policies from the same insurer or insurer group (s. 627.701(5)). If a second hurricane damages your home in the same year, the deductible for that second claim is the greater of whatever remains of your hurricane deductible or your regular all-other-perils deductible. Insurers can ask you to report or keep records of hurricane losses below the deductible, so do report damage even if you think it is under the deductible.

When the hurricane deductible applies

Policies define the “hurricane” period, usually tied to the National Hurricane Center issuing a hurricane watch or warning for any part of Florida and ending a set time after the last watch or warning ends. Wind damage from a tropical storm that never reaches hurricane status is typically subject to the all-other-perils deductible instead. Read your policy’s definition.

Roof age: when an insurer can and cannot refuse coverage

For policies issued or renewed on or after July 1, 2022, section 627.7011(5) provides:

  • An insurer may not refuse to issue or renew a homeowners policy solely because the roof is less than 15 years old.
  • If the roof is 15 years or older, you may have it inspected, at your expense, by an authorized inspector before the insurer can require replacement as a condition of coverage. If the inspection shows 5 or more years of useful life remaining, the insurer may not refuse to write or renew solely because of roof age.
  • Roof age is measured from the last date the entire roof surface was built or replaced to code.

These rules limit refusals based on age alone. Insurers can still decline or non-renew for other lawful underwriting reasons, such as the roof’s actual condition.

The optional roof deductible

Since 2022, insurers may add a separate roof deductible to personal residential policies (s. 627.701(10)). The rules are specific:

  • It cannot exceed the lesser of 2% of Coverage A or 50% of the cost to replace the roof.
  • The premium must include a credit or discount for it, and you must be allowed to opt out on a signed form, both at issue and when it is added at renewal.
  • It applies only to claims adjusted on a replacement cost basis.
  • It does not apply to a total loss, a roof loss caused by a hurricane, a tree or similar object that punctures the roof deck, or a repair of less than 50% of the roof.
  • If the roof deductible applies, no other deductible applies to that loss from the same peril.

If a roof deductible applies, the insurer may limit its roof payment to actual cash value until you show reasonable proof that you paid the roof deductible, such as a cancelled check or a financing agreement (s. 627.7011(3)(a)).

The “25% rule” for roof repairs

The Florida Building Code has long required that when 25% or more of a roof is repaired, replaced or recovered within a 12-month period, the entire roof be brought up to current code. For homeowners, that often turned a partial repair into a full roof replacement, and it was a frequent point of dispute with insurers.

In 2022 the Legislature added section 553.844(5): if the existing roof was built, repaired or replaced in compliance with the 2007 Florida Building Code or later, then when 25% or more of it is repaired, replaced or recovered, only the portion being repaired must meet current code. Local governments cannot override that exception. Older roofs remain subject to the traditional rule.

Whether the 25% rule applies to your roof, and whether your policy’s law and ordinance coverage pays for the code upgrade, are two separate questions. Unless you rejected it in writing, a Florida policy covering the dwelling is deemed to include law and ordinance coverage of 25% of the dwelling limit, and insurers must also offer a 50% option (s. 627.7011(1)–(2)). Ask your contractor and your building department how the rule applies to your roof, and check how your insurer’s estimate treats it.

Making a roof or hurricane claim

  1. Know your date of loss. For hurricanes, it is the landfall date; for other weather events, the date NOAA verifies (s. 627.70132(3)). You generally have 1 year from that date to give notice of a new claim.
  2. Tarp and document. Emergency tarping is a reasonable mitigation expense. Photograph the roof and every interior stain or leak before repairs.
  3. Get your own inspection. A licensed roofer’s written report on the cause and extent of damage, and whether the 2007-code exception or the 25% rule applies, can be critical.
  4. Read the denial carefully. Common reasons given for roof denials are wear and tear, age, improper installation, or damage that “pre-existed” the storm. These are often disputes about causation that turn on evidence.
  5. Consider your options. Mediation, appraisal and pre-suit notice are explained in our guides to mediation and appraisal and the claim process.

Watch out for roofing solicitations. Florida law (s. 489.147) restricts how roofing contractors may solicit homeowners and advertise help with insurance claims, and contractors may not offer to pay your deductible or give rebates as an inducement. A contractor who offers to “handle the whole claim” for a share of the proceeds is a red flag.

A word on flood

Storm surge and rising water are flood, which standard homeowners policies exclude. Flood is covered by a separate flood policy, often through the National Flood Insurance Program, which has its own proof-of-loss and lawsuit deadlines. If your home took both wind and water damage, you may have two claims with two insurers; keep the documentation for each separate.

Frequently asked questions

Can my insurer cancel my policy because my roof is old?

Not solely because the roof is under 15 years old, for policies issued or renewed on or after July 1, 2022. For a roof 15 years or older, an inspection showing at least 5 years of useful life prevents a refusal based solely on age. Insurers may still act on other lawful underwriting grounds.

Does the roof deductible apply to hurricane damage?

No. Under section 627.701(10), the separate roof deductible does not apply to a roof loss caused by a hurricane. Hurricane damage is subject to your hurricane deductible instead.

Is the 25% roof rule gone in Florida?

Not entirely. Since 2022, roofs built or replaced to the 2007 Florida Building Code or later only need the repaired portion brought to current code. Older roofs can still require full replacement when 25% or more is repaired within 12 months.

Do I pay a new hurricane deductible for every storm?

No. The hurricane deductible applies once per calendar year across policies from the same insurer group. Later hurricane claims that year use the greater of the remaining hurricane deductible or your regular deductible.

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