Florida homeowners insurance claim laws and deadlines

Florida splits insurance oversight between two state offices, and knowing which is which saves you time. The Office of Insurance Regulation (OIR) licenses and regulates insurance companies. It doesn’t take consumer claim complaints. Those go to the Department of Financial Services (DFS), Division of Consumer Services. DFS answers consumer questions, opens requests for assistance, runs the state’s property claim mediation program and receives the notice a homeowner must file before a lawsuit over a claim.

Your claim runs on two sets of rules at once. The first is your policy: its deductibles, exclusions and duties after loss (the tasks you must do, such as protecting the home from more damage and showing the damage to the adjuster). The second is Florida law. Section 627.70131 of the Florida Statutes sets the insurer’s clock, and section 627.70132 sets yours. Florida lawmakers have changed these sections often, so read the current text through the official links in the sources list.

If you haven’t reported the damage yet, start with our step-by-step guide to filing a homeowners claim, then come back here for the Florida time limits.

Section 627.70131 puts several fixed day counts on a Florida homeowners claim. These are calendar days, so weekends and holidays count.

An example timeline

Say a storm rips shingles off your roof on day 0, the date of loss. You report the claim on day 2. Under the statute, the clock could run like this:

• By day 9: the insurer acknowledges your report and sends claim forms, instructions and a phone number.
• Day 20: the insurer receives the proof-of-loss statements it asked for.
• By day 27: the insurer begins its investigation.
• By day 50: any physical inspection is done.
• By day 62: the insurer pays or denies in writing, 60 days after your notice on day 2.

Two more Florida rules help you check the work. The adjuster who inspects must hand you a document with his or her name and state adjuster license number. And if the insurer pays less than its own detailed estimate shows, it must explain the difference in writing.

Florida also puts firm time limits on the homeowner. Under section 627.70132:

• New or reopened claim: give the insurer notice within 1 year after the date of loss.
• Supplemental claim: give notice within 18 months after the date of loss. A supplemental claim asks for more money for damage that’s part of a claim already made, such as rotten roof decking found once the old shingles come off.

These limits are paused while an insured servicemember is deployed to a combat zone. Our guide to asking for more money with a supplement shows how to document extra damage so the request is easy to approve.

There’s one more Florida step before any lawsuit over a property claim. Under section 627.70152, the policyholder must file a notice of intent to initiate litigation with DFS, on the DFS form, at least 10 business days before filing suit. It can’t be filed until the insurer has made a coverage decision. The insurer then has 10 business days to respond in writing. If you’re weighing that path, talk with a licensed Florida attorney about timing.

Many Floridians search for the Florida insurance commissioner or the Florida Department of Insurance when a claim stalls. The office that takes homeowner claim complaints is DFS, Division of Consumer Services, and it calls a complaint a request for assistance. You can open one online through the Ask FLDFS portal, or by calling the Insurance Consumer Helpline listed in the regulator box on this page, 8 a.m. to 5 p.m. Eastern, Monday to Friday.

A request works best when it’s short and specific. Name the rule you think was missed, for example “no payment or denial within 60 days of my notice”, and attach the proof: your notice date, the insurer’s letters and your claim diary (a dated log of every call, email and visit). The numbered steps lower on this page walk through it.

If the problem is the amount rather than the timing, compare the estimates first. Our guide on how to dispute an insurance estimate shows how to line up the insurer’s numbers against a contractor’s, item by item, so your request names exact gaps.

Mediation is a meeting where a neutral person, the mediator, helps you and the insurer try to reach an agreement. DFS runs a mediation program for residential property claim disputes under section 627.7015, at no charge to the policyholder. Your insurer must tell you about the program when the policy is issued or renewed, and again when you file a claim.

A claim becomes eligible after the insurer pays or denies it under the 60-day rule, or after the insurer chooses to reinspect. Some disputes don’t qualify:

• disputes under $500, unless you and the insurer both agree to mediate;
• disputes where the insurer has a reasonable basis to suspect fraud;
• losses not reported within the 1-year or 18-month deadlines.

If your claim was turned down completely, read our guide to what to do after a home insurance claim denial before you request mediation. Knowing the exact reason in the letter helps you prepare for the conference.

Citizens Property Insurance Corporation is the state-created insurer of last resort, set up under section 627.351(6) of the Florida Statutes. Homeowners often end up with Citizens when private companies won’t write or renew their policy. Citizens takes claims 24 hours a day, 7 days a week, by phone or online through its myPolicy portal. The claims number is in the facts table on this page.

A state-created insurer still pays claims under the written policy, so the basics of a strong claim don’t change. Report promptly. Photograph the damage before cleanup. Keep receipts for tarps, fans and other emergency repairs. Confirm each phone call with a short email the same day. Keep your Citizens policy number and claim number together at the top of your claim file, because every call starts with them.

In NOAA’s billion-dollar disaster records for Florida, hurricanes lead the list. They also create Florida’s most common claim question: what was wind, and what was water?

• Wind and wind-driven rain are usually handled under your homeowners or windstorm policy. Our hurricane claim guide explains percentage hurricane deductibles and how to photograph roof and window openings.
• Storm surge and rising water are flood, which a standard homeowners policy excludes. Paying for it takes a separate NFIP or private flood policy. The flood insurance claim guide covers the proof of loss and how building and contents claims differ.
• Plumbing leaks, roof leaks and appliance failures happen in every season. The water damage claim guide explains why the broken pipe and the water damage are paid differently, and why mold makes speed matter.

Florida also gets tornadoes. For any other kind of damage, browse all of our claim help topics.

OpenFEMA lists 17 major disaster declarations for Florida from January 2015 through early October 2026, not counting COVID-19, and 11 of them since 2020. Three recent hurricane declarations:

A second Milton declaration, DR-4844, covers the Seminole Tribe.

A federal declaration can open FEMA disaster aid, which is meant for needs your insurance doesn’t meet. For some kinds of FEMA help you must file with your insurer first and send FEMA the settlement or denial letter, so keep every letter the insurer sends. A federal declaration is also different from a Governor’s state of emergency. The Governor’s declaration is the one that sets the lower public adjuster fee cap in the next section.

A public adjuster is a licensed adjuster you hire to prepare and negotiate your claim. The fee is usually a percentage of the claim payments. Florida caps that percentage in section 626.854:

It can make sense to talk with a licensed Florida public adjuster or attorney when the estimates are far apart or the insurer has denied coverage you believe applies. The same goes for a large loss, or when the 1-year, 18-month or pre-suit deadlines are getting close. Learning how your claim works first helps you ask better questions and judge the answers.

My Safe Florida Home is a DFS program that helps owners strengthen homes against hurricanes. Under section 215.5586, the state puts in $2 for every $1 the homeowner spends, up to a maximum state contribution of $10,000, with some exceptions written into the statute. The work must be permitted and done by licensed contractors. Funding rounds open and close, so check the program’s official page for its current status before planning a project.

A grant isn’t a claim payment, but it connects to claims. A stronger roof, doors and windows can mean less damage in the next storm. The permits, photos and invoices from the work also become a record of your home’s condition, which can help if an adjuster later questions the age or state of the roof.