Florida Roof Insurance Claims: Deadlines, the 25% Rule and What Roofers Can't Do
One year from the date of loss. That's how long Florida law gives you to put your insurer on notice of a new or reopened roof claim, and a supplemental claim gets 18 months (s. 627.70132). Miss it and the claim is barred, no matter how real the damage is. Once you report, the clock flips to the insurer: 7 days to acknowledge, 60 days to pay or deny (s. 627.70131).
Roof claims are where many Florida homeowners run into the 2022 and 2023 reforms for the first time. The Legislature rewrote the rules on who can file for you, what a roofer can offer you, when a damaged roof has to be fully replaced, and how much the insurer has to pay up front. Below is the process in order, with the statute behind each step, so you know what you're owed and what you're not.
This post is about claims. Whether an insurer can refuse to write or renew a policy because of an older roof is a different question, covered in Florida's roof age law.
Source: s. 627.70132 and s. 627.70131, Florida Statutes (2026).
The deadlines, in one table
Here's every clock that matters on a roof claim, with an example. Say a severe thunderstorm that NOAA verifies tears shingles off your house on Apr 6, 2026. You call it in two days later, on Apr 8, 2026, and the insurer receives your proof-of-loss statement on Apr 20, 2026. These dates are made up; the day counts are the law.
| Deadline | Who | Clock | Starts from | Example date | Statute |
|---|---|---|---|---|---|
| Notice of a new or reopened claim | You | 1 year | Date of loss | Apr 6, 2027 | 627.70132(2) |
| Notice of a supplemental claim | You | 18 months | Date of loss | Oct 6, 2027 | 627.70132(2) |
| Acknowledge your claim | Insurer | 7 calendar days | Your claim communication | Apr 15, 2026 | 627.70131(1)(a) |
| Send the Homeowner Claims Bill of Rights | Insurer | 14 days | Your first claim communication | Apr 22, 2026 | 627.7142 |
| Begin investigating | Insurer | 7 days | Proof-of-loss statement | Apr 27, 2026 | 627.70131(3)(a) |
| Physical inspection, if any | Insurer | 30 days | Proof-of-loss statement | May 20, 2026 | 627.70131(3)(b) |
| Send you its adjuster's detailed estimate | Insurer | 7 days | Estimate is generated | Varies | 627.70131(3)(e) |
| Pay or deny, in whole or part | Insurer | 60 days | Notice of claim | Jun 7, 2026 | 627.70131(7)(a) |
Source: s. 627.70132, s. 627.70131, s. 627.7142, Florida Statutes (2026). Dates are a hypothetical example.
Two details in that table trip people up. First, the date of loss for weather is fixed by law: for a hurricane it's the landfall date, and for a tornado, windstorm, severe rain or other weather event it's the date NOAA verifies the event (s. 627.70132(3)). Not the day you noticed the stain on the ceiling. If you find hail or wind damage months later, count from the storm date.
Second, the 60-day pay-or-deny clock isn't absolute. It pauses while you're in DFS mediation, and it pauses if you take more than 10 days to send material information the insurer asked for, for requests sent at least 15 days before the 60-day deadline (s. 627.70131(8)). After a declared emergency, OIR can give insurers extra time, but no more than 30 additional days (s. 627.70131(5)(a)). If the insurer pays late without one of those excuses, interest runs from the date it got your notice.
Servicemembers get one break: the notice deadlines are tolled during a combat-zone or combat-support deployment that materially affects their ability to file.
The claim, step by step
| Step | What you do | What the law requires of the insurer |
|---|---|---|
| 1. Stop further damage | Tarp or patch to prevent more water getting in; keep receipts and photos | Your policy's duties-after-loss section sets the details; read it |
| 2. Report the claim | Notify the insurer in the way the policy requires, well inside 1 year | Acknowledge within 7 days, with claim forms, instructions and a phone number (627.70131) |
| 3. Proof of loss and documents | Send what's asked; answer information requests within 10 days | Start investigating within 7 days of proof of loss |
| 4. Inspection | Be there if you can; write down the adjuster's name and license number | Inspect within 30 days of proof of loss; the adjuster must give you a name and state license number. Drone, photo or video review is allowed |
| 5. Estimate | Compare the line items to your roofer's estimate | Send you a copy of its adjuster's detailed estimate within 7 days of creating it |
| 6. Decision | Read the explanation; check which deductible was applied | Pay or deny within 60 days, with a written explanation; explain in writing if it pays less than its own estimate |
| 7. Dispute (if needed) | DFS mediation, appraisal if your policy has it, or an attorney | Pay all mediation costs (627.7015) |
Source: s. 627.70131 and s. 627.7015, Florida Statutes (2026).
A few things I'd do on every roof claim. Take dated photos of the roof and every interior water stain before anyone touches anything. Keep the NOAA storm date written down. Save every email, and when you talk to the insurer by phone, note the date and who you spoke to. Every adjuster who communicates with you about the claim must include a name and license number, so ask for it if it's missing.
And don't sit on a claim waiting to see if more shingles fall off. The one-year limit is the outer wall, not the target. Most policies also ask for prompt notice, and the longer you wait, the easier it is for an insurer to argue the damage came from something else, like age or wear.
What a roofer can and can't do
You've probably seen the pitch: a roofer at the door offering an inspection, a gift card or help with your deductible if you file a claim. Section 489.147 shut most of that down. It applies to contractors and anyone acting for them, including paid door knockers.
| Practice | Allowed? | Rule |
|---|---|---|
| Ad or door hanger urging a roof claim without the required fraud and deductible warnings | No | 489.147(1)(a), (2)(a) |
| Gift, gift card, cash, coupon or rebate for letting them inspect your roof | No | 489.147(2)(b)1 |
| Waiving or paying your deductible, or anything of value for filing a roof claim | No | 489.147(2)(b)2 |
| Paying or taking referral fees for insurance-paid work | No | 489.147(2)(c) |
| Interpreting your policy or negotiating the claim for you | Only if licensed as a public adjuster | 489.147(2)(d) |
| Signing you to a repair agreement with no itemized good-faith estimate | No | 489.147(2)(e) |
| Inspecting the roof and giving you a written repair estimate | Yes | Normal contracting work |
| Getting paid by you or the insurer for the roofing work | Yes | 489.147(2)(c) |
Source: s. 489.147, Florida Statutes (2026).
Penalties are up to $10,000 per violation, plus license discipline. An unlicensed person who does any of this is guilty of unlicensed contracting and can be fined the same amount.
The contract itself has to protect you too. Every residential roof contract must say, in 14-point bold on the signature page, that you should call your insurer to verify coverage, deductibles and policy terms before signing if the work is tied to a claim. If the contract leaves out the notice about the incentive ban, you can void it within 10 days of signing. And if you signed within 180 days of an event covered by a governor's state of emergency for your area, you can cancel without penalty within 10 days or by the official start date, whichever comes first. Send that cancellation by certified mail, return receipt requested.
A roofer who says "I'll handle the insurance for you" is offering something the law reserves for licensed public adjusters. If you want someone to negotiate the claim, see the Florida public adjuster rules; DFS says their fees on claims from a declared emergency are capped at 10% of the payment for the first year after the declaration, then 20% (DFS).
You can't sign the claim over
If your homeowners policy was issued on or after January 1, 2023, you can't assign any post-loss benefits under it, in whole or in part. An attempted assignment is "void, invalid, and unenforceable" (s. 627.7152(13)). That ended the old model where a roofer took an assignment of benefits, did the work and sued the insurer directly.
The ban has narrow exceptions: a transfer to someone who buys the property after the loss, and a power of attorney letting a family member, guardian or management company act on your behalf. If a contractor hands you a document that "authorizes direct payment" or gives them rights to your claim, read it carefully, and ask your insurer or an attorney before you sign. Under a post-2023 policy, the claim stays yours, and so do the decisions.
How a roof claim gets paid
Many Florida homeowners policies settle dwelling losses at replacement cost (insurers must offer it under s. 627.7011(1)), but not all at once. The law says the insurer must initially pay at least the actual cash value of the loss, minus the deductible, and then pay the rest "as work is performed and expenses are incurred" (s. 627.7011(3)(a)). Actual cash value is replacement cost minus depreciation, and on an older roof depreciation can be a big number.
Then there's the deductible question, and on a roof claim there can be three different ones in play.
| Deductible | When it applies to a roof | Statute |
|---|---|---|
| All other perils (AOP) | Non-hurricane roof damage, if no roof deductible applies | 627.701 |
| Hurricane | Roof damage from a hurricane; applies per calendar year | 627.701(5) |
| Separate roof deductible (optional) | Non-hurricane roof claims needing repair of 50% or more of the roof | 627.701(10) |
Source: s. 627.701, Florida Statutes (2026).
Hurricane damage to the roof falls under the hurricane deductible, which is usually a percentage of your dwelling limit and works on a calendar-year basis. I won't repeat it here; the hurricane deductible explained covers how it's calculated and what happens with two storms in one season.
The separate roof deductible came out of the May 2022 special session (SB 2-D, ch. 2022-268). An insurer may add one, but it's capped at the lesser of 2% of your Coverage A limit or 50% of the cost to replace the roof, and you must get a premium credit for it. You can reject it by signing an OIR-approved form, both when the policy is issued and when it's added at renewal. And it does not apply to:
- a roof loss from a hurricane,
- a tree fall or other hazard that damages the roof and punctures the roof deck,
- a roof loss that needs repair of less than 50% of the roof,
- a total loss of the home under the valued policy law.
When it does apply, no other deductible can be stacked on the same loss. It only applies to claims adjusted at replacement cost, and the insurer can hold the roof payment at actual cash value until you show proof you paid the roof deductible: a canceled check, money order receipt, credit card statement or a signed financing contract.
| Line | Amount | How it's figured |
|---|---|---|
| Coverage A (dwelling) limit | $350,000 | From the declarations page |
| Cost to replace the roof | $22,000 | Adjuster's estimate |
| 2% of Coverage A | $7,000 | $350,000 × 2% |
| 50% of roof replacement cost | $11,000 | $22,000 × 50% |
| Maximum roof deductible | $7,000 | The lesser of the two |
| Actual cash value of the roof loss | $13,000 | $22,000 minus $9,000 depreciation |
| First payment | $6,000 | ACV $13,000 minus $7,000 deductible |
| Paid as the work is done | $9,000 | Replacement cost minus deductible minus first payment |
Source: deductible cap and payment rules from s. 627.701(10) and s. 627.7011(3)(a), Florida Statutes (2026). Dollar figures are a hypothetical example.
In that example you'd get $6,000 first and $9,000 later as the roof goes on, and you'd carry $7,000 yourself. That's why it's worth looking for a roof deductible on the declarations page before they need it. The law requires the dollar amount to be displayed there (or on the renewal notice) (s. 627.701(4)(e)). If the roof deductible would be painful, ask what rejecting it would do to your premium at your next renewal.
Some policies also settle roof losses at actual cash value or on a schedule tied to the roof's age, through an endorsement. Those are policy terms, not statutes, so the only way to know is to read your own policy and endorsement list. The Florida home insurance page has more on how Florida homeowners coverage is put together.
The 25% rule and the 2007 code
The Florida Building Code's "25% rule" (Existing Building section 706.1.1) says that not more than 25% of a roof or roof section can be repaired, replaced or recovered in any 12-month period unless the entire roof system or section is replaced to current code (2020 edition of the Florida Building Code, as quoted by Citizens). For years, that turned a lot of partial-damage claims into full roof replacements.
In 2022 the Legislature added an exception in s. 553.844(5): if the existing roof was built, repaired or replaced under the 2007 Florida Building Code or a later edition, only the damaged portion has to be brought up to current code, even when 25% or more is being repaired. Local governments can't amend that exception. The 2007 code took effect March 1, 2009, and Citizens Property Insurance Corporation's claims guidance says that if a single-family roof's permit application date is March 1, 2009, or later, the 25% rule doesn't apply.
| Your roof | Damage to the section | What gets paid (subject to the policy) |
|---|---|---|
| Any roof | Less than 25% of the section | Repair of the damaged area |
| Permitted March 1, 2009 or later (2007 code or newer) | 25% or more | Repair of the damaged portion only |
| Permitted before March 1, 2009 | More than 25% of the section | Replacement of that roof section to current code |
| Two storms within 12 months | Covered damage adds up past 25% | Same as above; damage is combined |
Source: s. 553.844(5), Florida Statutes (2026); Citizens Property Insurance Corporation, Evaluating Roof Damage: 25% Rule (Jan 5, 2023).
Two practical points. The rule works by roof section, which the code defines by things like expansion joints, parapet walls, changes in elevation or roof type, so one damaged section doesn't automatically mean a whole new roof. And the cost of bringing a section up to code is paid through law and ordinance coverage. Unless you rejected it in writing, Florida policies include that coverage at 25% of the dwelling limit, and insurers must offer 50% (s. 627.7011(1)-(2)). Check which one you have.
If your roof is pre-2009, find the permit date before a storm. Your county or city building department has it, and it'll matter on any claim.
If you disagree with the offer
Roof disputes usually come down to two arguments: wind or hail versus age and wear, and repair versus replace. Florida gives you a few ways to push back short of a lawsuit.
DFS mediation. The Department of Financial Services runs a mediation program for residential property claims, and the insurer pays the cost of the conference (s. 627.7015). DFS says the dispute must be $500 or more after the deductible and be about what caused the damage or how much the insurer offered, and the conference happens within 21 days of a mediator being assigned (DFS mediation). It's nonbinding. If you sign a settlement, you have 3 business days to back out, as long as you haven't cashed the check. And if the insurer requested mediation and either side rejects the result, or the insurer never told you about your mediation right, you don't have to go through appraisal before suing. More in how Florida insurance mediation works.
Appraisal. If your policy has an appraisal clause, either side can usually invoke it to settle a disagreement over the amount of loss. It's a policy provision, not a statute, so the wording on your policy controls. See the appraisal clause in Florida home insurance.
A complaint to DFS. If the insurer missed a deadline in the table above, or won't explain a decision, contact the insurer first, in writing, and keep records. DFS says most issues are resolved within 30 days. If not, file a request for help with the DFS Division of Consumer Services online or call 1-877-MY-FL-CFO (1-877-693-5236), weekdays 9 a.m. to 3 p.m. (DFS Get Insurance Help).
If the claim was denied outright, what to do when a Florida home claim is denied walks through the letter, the policy language and the options in order.
FAQ
How long do you have to file a roof claim in Florida?
You must give your insurer notice of a new or reopened roof claim within 1 year after the date of loss, and notice of a supplemental claim within 18 months (s. 627.70132). For weather damage, the date of loss is the hurricane landfall date or the date NOAA verifies the storm.
How long does a Florida insurer have to pay a roof claim?
The insurer must pay or deny the claim, in whole or in part, within 60 days after receiving notice, unless factors beyond its control prevent it (s. 627.70131(7)(a)). It must acknowledge your claim within 7 days and, if it inspects, do so within 30 days of receiving your proof of loss.
Does the 25% roof rule still apply in Florida?
Only to roofs not built to the 2007 Florida Building Code or later. Under s. 553.844(5), if the existing roof meets the 2007 code or a later edition, only the damaged portion must be brought up to current code, even when 25% or more is repaired.
Can a roofer pay my deductible in Florida?
No. Under s. 489.147, a contractor may not offer a deductible waiver, rebate, gift, cash or anything of value for a roof inspection or for filing a roof claim. Violations can bring fines of up to $10,000 per violation.
Can I sign an assignment of benefits to my roofer in Florida?
Not under a residential property policy issued on or after January 1, 2023. Section 627.7152(13) makes any attempted assignment of post-loss benefits under those policies void, invalid and unenforceable.
Questions about how your own roof is covered? You can reach Maru Insurance here.
Your own policy wording and Florida law control how any claim is handled. Confirm your situation with a licensed agent, the Florida Department of Financial Services or Office of Insurance Regulation, or, for legal questions, an attorney.
Sources
- Florida Statutes s. 627.70132, notice of property insurance claim (2026)
- Florida Statutes s. 627.70131, insurer's duty to acknowledge, investigate, pay or deny (2026)
- Florida Statutes s. 627.7142, Homeowner Claims Bill of Rights (2026)
- Florida Statutes s. 627.7011, replacement cost and law and ordinance coverage (2026)
- Florida Statutes s. 627.701, deductibles, including the separate roof deductible (2026)
- Florida Statutes s. 553.844, roofs and the 2007 Building Code exception (2026)
- Florida Statutes s. 489.147, prohibited property insurance practices by contractors (2026)
- Florida Statutes s. 627.7152, assignment agreements (2026)
- Florida Statutes s. 627.7015, DFS mediation of property claims (2026)
- Florida Senate: SB 2-D (2022 Special Session D) bill summary
- Citizens Property Insurance Corporation: Evaluating Roof Damage, 25% Rule (Jan 5, 2023)
- Florida DFS: mediation and neutral evaluation
- Florida DFS: Get Insurance Help
- Florida DFS: public adjusters overview
- Florida Legislature: HB 815 (2026) bill history
- Florida Legislature: SB 808 (2026) bill history
This article is for general educational purposes only and is not legal, tax or insurance advice. Coverage depends on the actual policy, its terms, conditions and exclusions, and state law. Maru Insurance · WA License (WAOIC) #1365574 · FL License #G363233 · NPN 22261820.