Florida Senate Bill 76: what homeowners need to know

Florida Senate Bill 76 took effect on July 1, 2021. It shortened the time to report a homeowners insurance claim, added a required pre-suit notice before you can sue your insurer, and let insurers pay less for older roofs. Reforms in 2022 went further, so today most homeowners have one year to report a claim.

We first wrote about SB 76 in 2021, when the law was brand new. This updated guide explains what it did, what the 2022 laws added, and what it all means if you're disputing a claim today.

What Senate Bill 76 changed in 2021

Lawmakers said SB 76 would reduce lawsuits and slow rising premiums. For homeowners, these were the changes that mattered most.

A shorter deadline to report a claim

Before SB 76, Florida homeowners had three years from the date of a hurricane or windstorm to report a claim. SB 76 cut that to two years for any type of claim, not just weather, and set a three-year limit for supplemental claims (a claim for more money on damage you already reported).

The concern back then still holds. Most people don't climb onto their roof after every storm. A small leak can run inside a wall for months before a stain shows on the ceiling. The shorter the deadline, the more it matters to get your roof and home checked soon after a storm.

A required notice before you can sue

SB 76 created the notice of intent to initiate litigation (Florida Statutes §627.70152). Before you can file a lawsuit over a property insurance claim, you or your lawyer must send this notice to your insurer through the Florida Department of Financial Services at least 10 business days before suing. It has to include:

• An estimate of the damages, and
• The amount you believe is in dispute.

The insurer then has a short window to respond. It can stand by its decision, make a settlement offer, or ask for appraisal or another way to resolve the dispute. The idea was to give insurers one last chance to settle before a case went to court.

Lower payments for older roofs

SB 76 allowed insurers to offer policies with a roof surfacing payment schedule. Under these policies, the insurer pays a percentage of the cost of a new roof based on its age and material, rather than full replacement cost. Some policies pay actual cash value (replacement cost minus depreciation) for older roofs instead. If your policy has one of these endorsements, it changes what a fair payment looks like.

Limits on attorney's fees

For decades, if you sued your property insurer and won, Florida law generally required the insurer to pay your attorney's fees. This is often called the "one-way" fee rule. SB 76 began limiting it with a formula tied to the offers and demands made before suit.

What changed again in 2022

After several insurers left the market or went insolvent, the Legislature passed two more reform laws in 2022.

Senate Bill 4-D (May 2022) changed the roof replacement rules. Under the long-standing "25% rule," if more than a quarter of a roof section was damaged, the whole section had to be brought up to code, which often meant a full replacement. After SB 4-D, roofs built or replaced under the 2007 Florida Building Code or later generally don't have to be fully replaced just because more than 25% is damaged. Insurers can repair them instead.

Senate Bill 2-A (December 2022) made bigger changes:

• The deadline to report a new or reopened claim dropped to one year from the date of loss, and to 18 months for a supplemental claim (§627.70132).
• Insurers must generally pay or deny a claim within 60 days of being notified, down from 90 (§627.70131).
• The one-way attorney's fee rule was eliminated for property insurance.
• Assignment of benefits, where a homeowner signs over the claim to a contractor, was ended for policies issued on or after January 1, 2023.

Then vs. now: Florida homeowners insurance claims

These rules depend on your policy and the date of your loss. Older claims may follow the earlier rules, so have someone check the dates for your specific claim.

What this means if you're disputing a claim today

The changes add up to one practical lesson: move quickly and document everything. The window to act is shorter than it used to be, and the steps before a lawsuit matter more.

1. Report damage promptly. With a one-year deadline, a late discovery can cost you the claim.
2. Get inspected after every major storm. A licensed roofer can spot wind and hail damage that's easy to miss from the ground.
3. Read your declarations page. Look for a roof payment schedule, an actual cash value endorsement, or a separate hurricane deductible.
4. Keep records. Save dated photos, receipts, permits and every letter from your insurer.
5. Ask for the insurer's estimate in writing so you can compare it to your own contractor's.
6. Know your dispute options. Many policies include appraisal for disagreements over the amount of a loss, and the Florida Department of Financial Services runs a free mediation program for many residential claims.
7. Get a policy review before you sue. The pre-suit notice needs an accurate estimate and disputed amount. A mistake there can slow your case down.

If your roof claim was turned down, our guide on what to do after a roof insurance claim is denied walks through the next steps in detail.

Do you still need a lawyer for a homeowners claim?

Many homeowners assume that since fee shifting ended, hiring a lawyer no longer makes sense. That isn't necessarily true. A lawyer can read your policy as the legal contract it is, track the shorter deadlines, prepare the notice of intent correctly, and handle appraisal, mediation or a lawsuit if the insurer won't be fair.

Fees work differently than they did before 2022, so ask any lawyer exactly how they'll be paid on your claim before you sign anything. We explain ours in writing at the first meeting, and we offer a free policy review for Florida homeowners. For more on when it makes sense to get help, see why you need a homeowners insurance attorney.

Frequently asked questions

Is Senate Bill 76 still in effect?

Yes, much of it is. The notice of intent to initiate litigation and the roof payment schedule options from SB 76 are still part of Florida law. But later laws replaced some of its pieces, including the two-year claim deadline, which is now one year for most policies and losses.

How long do I have to file a homeowners insurance claim in Florida?

For most policies and losses since the 2022 reforms, you generally have one year from the date of loss to report a new or reopened claim, and 18 months to file a supplemental claim. The date of loss is usually the day of the storm or event that caused the damage.

What is a notice of intent to initiate litigation?

It's a required notice you or your lawyer send to your insurer, through the Florida Department of Financial Services, at least 10 business days before filing a property insurance lawsuit. It includes an estimate of your damages and the amount in dispute, and gives the insurer a final chance to resolve the claim.

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Florida's property insurance rules have changed several times since 2021, and they'll likely keep changing. What hasn't changed is that you paid for your coverage and deserve a fair answer on your claim. If your insurer delayed, underpaid or denied it, learn more about the property claims we handle, or get a free policy review so you know where you stand.