The Florida Legislature concluded a Special Legislative Session specifically to address property insurance. The Legislature passed two bills – Senate Bill 2D and Senate Bill 4D – and Governor DeSantis signed each on May 26, 2022.

Both bills include changes that will impact you as a property insurance policyholder. Below is an overview of key changes. All changes are effective immediately.

To review all included changes, read the bills online on the Florida Senate's website:

• Senate Bill 2D 
• Senate Bill 4D

Senate Bill 2D

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Senate Bill 4D

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My Safe Florida Home Program

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Including hurricane mitigation improvements on your home may result in a decrease in your homeowners insurance premium. 

Eligibility

• Homestead single family homes insured at $500,000 or less.
  
• Located in the wind-borne debris region identified in the Florida Building Code.
  
• The homeowner must ensure the home is available for inspection after the mitigation project is completed.
  
• The building permit for initial construction of the home must have been made before January 1, 2008.
  
• The home must have undergone an acceptable hurricane mitigation inspection after  July 1, 2008.

For more information, please visit the My Safe Florida Home Program site. 

Contractor Solicitation Prohibitions

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Contractors are prohibited from making written or electronic communications that encourage a homeowner to contact a contractor or public adjuster to make a property insurance claim for roof damage unless the solicitation includes the following:

• The consumer is responsible for the payment of the deductible.
• It is insurance fraud punishable as a third-degree felony for a contractor to pay or waive an insurance deductible.
• It is insurance fraud punishable as a third-degree felony to intentionally file an insurance claim containing false, fraudulent, or misleading information.

For more information on contractor solicitation and fraud, visit Demolish Contractor Fraud: Step to Avoid Falling Victim. 

Separate Roof Deductibles

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Property insurance companies are allowed to offer a policy with a separate roof deductible of up to two percent of the Coverage A (dwelling) limit of the policy or 50 percent of the cost to replace the roof, whichever is lower.

Roof Age

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An insurance company cannot refuse to issue or renew a homeowners insurance policy on a home with a roof less than 15 years age solely because of the roof’s age.

If a roof is 15 years old or older, an insurance company must allow a homeowner to have  a roof inspection performed by an authorized inspector before requiring the roof to be replaced in order to have the policy issued or renewed. The homeowner is responsible for the cost of the inspection. The insurance company may not refuse to issue or renew a homeowners insurance policy solely because of roof age if an inspection of the roof indicates that the roof has five years or more  of useful life.

Claims Handling

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Within 45 days of receiving a proof of loss statement, an insurance company must conduct a physical inspection of the property. This requirement does not apply to hurricane claims.

Insurance companies must notify policyholders of their right to receive any detailed report/estimate developed by the adjuster. The report must be provided to the requesting policyholder within seven days of the request or the completion of the report, whichever is later.

If there is a difference in the claim payment and the estimate, insurance companies must provide a reasonable explanation of the claim decision. 

Additional Changes

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The bill also makes changes to the following areas:

• Bad faith lawsuits
• Attorney fees related to Assignment of Benefits
• Fee multipliers awarded to attorneys
• Regulation of insurance companies
• Reporting requirements for insurance companies

Roof Compliance

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If a roof was built, repaired, or replaced in compliance with the 2007 Florida Building Code or later and at least 25% of the roof is being repaired, replaced, or recovered:

• only the part being repaired, replaced, or recovered must be constructed in compliance with the Building Code in effect at the time. 

Condos

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Each building of a condominium that is three stories or higher and has reached 30 years of age must have an inspection every 10 years. If the building is near a coastline and has reached 25 years of age, it must have an inspection every 10 years.

The bill includes specific steps the condominium association and inspector must take regarding the inspections.

It also outlines how long studies on the building must be maintained and specific actions that should be taken based on the studies, including the amount of reserves to cover necessary repairs. 

Contact the Office of the Insurance Consumer Advocate