Florida Property Insurance Law Changes Since 2022

Updated November 2, 2026. General claim information and public-adjuster commentary. Policy dates, loss facts and later legal developments can change the answer. A Florida attorney should advise on legal rights, deadlines and litigation.

A claim payment should be measured against the cost of recovery. Florida’s insurance changes can leave homeowners and business owners carrying more of the cost of challenging a disputed claim. Shorter notice windows, restricted assignments and changes to attorney fees make early documentation and informed decisions especially important.

This guide focuses on changes since November 2022. It also explains the related roof-code exception enacted in May 2022. We distinguish enacted law from our assessment of its practical effects.

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Attorney-fee changes can reduce the money left for repairs

SB 2-A became law on December 16, 2022. It removed the former one-way statutory attorney-fee entitlement for suits arising under residential or commercial property policies. HB 837 subsequently repealed sections 627.428 and 626.9373 in March 2023. Under the changed framework, proving an underpayment does not by itself restore that former entitlement. Read SB 2-A and HB 837.

Previously, qualifying policyholders could recover reasonable attorney fees from the insurer under the applicable statute. That helped make some disputed claims economically practical to pursue. It was not a universal promise of a free lawyer. Today, where the former fee entitlement is unavailable, a fee taken from the recovery can leave less money for rebuilding. Expert costs and other litigation expenses may reduce the net recovery further.

Our assessment: having to fund a legal challenge from repair proceeds can weaken an owner’s practical bargaining position. An owner may feel pressure to accept less because of costs, delay and litigation risk. The reforms do not give insurers permission to underpay covered losses. A low offer should be evaluated against the policy, documented damage and repair scope, with legal advice when needed.

Older policies require separate review. In Blumberg v. Security First Insurance Company, No. 5D2024-1214 (August 28, 2025), the Fifth District rejected retroactive application of the fee changes to the policy involved in that case. Do not assume a lawsuit filed after the reforms automatically loses all earlier rights. Read the court opinion.

Other potential fee mechanisms, including qualifying proposals for settlement, have their own conditions and risks for either side. An attorney must evaluate them. More about attorney fees and net recovery.

AOB restrictions changed how owners arrange and pay for help

Section 627.7152(13) restricts transferring post-loss benefits under residential and commercial property policies issued on or after January 1, 2023, subject to specified exceptions. DFS explains that policies issued or renewed from that date are affected. A contractor AOB attempted under a policy subject to the prohibition is not enforceable. Read the current AOB statute.

The ban is not a blanket prohibition on hiring your own remediation company, roofer, engineer or other expert. The important change is the loss of the AOB payment-and-enforcement arrangement for affected policies. Owners may now need to negotiate deposits, payment timing and responsibility for disputed invoices themselves. That can make independent help harder to fund when money is already tight.

A work authorization, direction to pay or expert agreement should clearly explain scope, price and who owes payment. A document’s label does not determine its legal effect. Managed-repair terms, an insurer’s repair election and coverage limits also need review. Do not assume any contract makes the insurance company responsible for the full bill. Read our contractor and AOB guide.

The 25% roof rule has an important exception

This change predates the requested November 2022 starting point: SB 4-D became effective May 26, 2022. Under section 553.844(5), a roof or roof section built, repaired or replaced in compliance with the 2007 Florida Building Code or a later edition can qualify for an exception when 25% or more is being worked on. Only the portion repaired, replaced or recovered must meet the current applicable code under that exception. Read section 553.844(5).

It is inaccurate to say every roof’s 25% rule disappeared, or that 25% damage guarantees insurance payment for a whole roof. The qualifying code history, roof section, proposed work and coverage all matter. For owners, the practical difficulty is that the percentage alone may no longer support the full replacement they expected. Repairability, compatible materials, covered damage and applicable code requirements need documented support. Understand repair versus replacement.

Shorter notice windows leave less room for delay

The current general rule in section 627.70132 is notice within one year of the loss for an initial or reopened claim and within 18 months for a supplemental claim. Exceptions and older-policy questions must be evaluated separately. These are not the same as proof-of-loss requirements or the deadline to sue. Read the notice statute.

Hidden water damage, a seasonal home left unoccupied, or a long association investigation can make lost time expensive. Report promptly, keep delivery records and document newly discovered damage. Do not delay emergency protection or required notice while waiting to hire a public adjuster.

The reforms also shortened several insurer response periods. Current section 627.70131 generally provides seven days to acknowledge covered claim communications, 30 days after proof-of-loss statements for a physical inspection when one is performed, and 60 days after claim notice for payment or denial, subject to scope, exceptions and tolling. The rules differ for some commercial claims. See the current claim-handling guide.

Bad-faith remedies involve additional legal hurdles

Section 624.1551 requires an adverse court adjudication establishing breach and a final judgment or decree before the covered property-insurer extracontractual action can proceed. Payment of an appraisal award or acceptance of an offer of judgment alone does not meet that requirement. In practical terms, an appraisal increase is not automatically a bad-faith lawsuit. Read the statute.

That can add time and expense to a remedy owners may expect to be straightforward. A public adjuster documents and adjusts the claim; an attorney determines legal causes of action, notices and litigation strategy. Read our explanation of the different roles.

New protections owners should use

Some changes strengthened consumer safeguards. Those protections matter even where other reforms increased an owner’s financial burden.

• 2023 insurer accountability: SB 7052 expanded oversight and documentation requirements around reductions to adjuster reports. Keep every estimate and ask for an explanation of material changes. SB 7052.
• 2024 public-adjuster disclosures: DFS implemented the required Claim Process Disclosure Form. Review the form, fee agreement, expenses and cancellation terms before signing. DFS disclosure guidance.
• 2025 estimate transparency: effective April 21, 2025, rule 69B-220.201 added residential estimate requirements involving local market pricing, explanations and supporting documentation for changes. The rule includes scope and exception details. Current ethical requirements.
• 2026 claim-status responses: effective June 26, 2026, section 626.854(24) requires a public adjuster, apprentice or firm to respond with specific information to a written or electronic claim-status request within 14 days and document the response. DFS July 2026 guidance.
• Current advertising and conduct: the adopted version of rule 69B-220.051 took effect September 28, 2026. It addresses licensed advertising, contracts, disclosures and the owner’s approval of settlements. Current conduct rule.

DFS assists consumers and regulates licensed insurance professionals; OIR oversees insurers. A complaint is not a substitute for complying with notice requirements or obtaining legal advice before a deadline.

Build a claim record that explains the actual repair cost

1. Keep the complete policy and endorsements in force on the loss date, plus renewal documents.
2. Document the cause, affected rooms, materials and emergency work with dated photographs and reports.
3. Get written scopes and pricing for remediation, repairs and specialist assessments.
4. Compare the carrier’s estimate line by line with the documented work needed. Identify omissions and explain disagreements.
5. Keep the claim timeline, inspection records, moisture records where relevant, invoices and every revised estimate.
6. Ask a Florida attorney about legal fees, possible fee recovery, proposed releases and litigation deadlines when the dispute requires legal advice.

For a luxury home, small omissions can involve large costs: custom cabinetry, continuous stone or wood finishes, specialty roofing and integrated systems should be described specifically. Association and business claims also need the correct insured entity, policy, building records and applicable limits. A larger claim does not remove the need to document each item.

Continue reading: claims rights · AOBs and contractor contracts · legal fees · roof code · DFS legislative updates.

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David Dwyer, designated primary adjuster: Florida license W391016. Experienced Public Adjusters: firm license W807213. Representation is subject to a written agreement; no settlement outcome is guaranteed.