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Your rights, and the clocks that run against you

A Florida property claim is governed by a set of statutory deadlines. Missing one of yours is fatal to the claim. Missing one of theirs is a violation of the insurance code. Both are worth knowing before you make the first phone call.

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Your clock — when your claim must be reported

This is the deadline that ends claims. Section 627.70132, Florida Statutes says a claim is barred if notice is not given in time. It is not a guideline, and an insurer is not obliged to remind you.

Initial claim or reopened claim1 year from the date of loss
Supplemental claim18 months from the date of loss
Hurricane, tornado, windstorm or severe rainthe date of loss is the landfall date — not the day you noticed the damage
Loss assessment (condominium)no later than 3 years, and subject to the 1-year / 90-day rules in the section

A reopened claim is a closed claim you ask the insurer to reopen for additional costs on damage already disclosed. A supplemental claim is additional loss from the same event, or costs incurred while completing repairs under an open, timely-noticed claim. The 18-month window extends a live claim — it does not revive one that was never reported.

Their clock — what your insurer must do, and by when

Section 627.70131, Florida Statutes sets duties with actual calendar limits. It applies to residential policies, including surplus lines, and it cannot be waived or nullified by the wording of your policy.

Acknowledge receipt of your claim7 calendar days, unless payment is made in that time
Begin the investigation after your proof of loss7 days
Physical inspection of the property30 days after your proof-of-loss statement
Send you the adjuster's detailed estimate7 days after the estimate is generated
Pay or deny the claim60 days from notice of the claim
Late paymentowes interest at the § 55.03 rate, accruing from the day the insurer received notice

Two useful details buried in that section: the adjuster who inspects or communicates with you must give you their name and state licence number (that is how you check them), and if a payment is less than the insurer's own detailed estimate, the insurer must explain the difference in writing. Those clocks are tolled during a § 627.7015 mediation and where you fail to supply requested material information within 10 days.

The Homeowner Claims Bill of Rights

Florida law requires your insurer to send you a Homeowner Claims Bill of Rights within 14 days of your first communication about a claim. The text is fixed by § 627.7142, Florida Statutes. Stripped to its operative parts, you have the right to:

  1. An acknowledgment within 7 days of reporting the claim.
  2. On written request, a coverage decision within 30 days of a complete proof of loss — covered in full, partly covered, denied, or a written statement that it is being investigated.
  3. A copy of the insurer's detailed estimate within 7 days of it being generated.
  4. Full settlement, the undisputed portion, or a denial within 60 days.
  5. Payment of interest under § 627.70131 if the 60 days pass.
  6. Free mediation of a disputed residential claim, run by the Department of Financial Services.
  7. Neutral evaluation for a covered sinkhole claim.
  8. The state helpline — 1-877-693-5236.

The same document also advises you to file claims directly with your insurer, to document and keep damaged property, to read any contract that pays a percentage of your proceeds, to confirm your contractor is licensed, and to require proof of insurance before repairs start.

If a public adjuster is involved

Public adjusters are heavily regulated in Florida, and the rules exist to protect you. All of the following are in § 626.854, Florida Statutes:

  • A written contract is required before they can collect a fee on your payments.
  • You can cancel without penalty within 10 days. If the claim arises from a Governor-declared state of emergency, you get 30 days from the date of loss or 10 days from signing, whichever is longer — and that notice must appear in the contract in at least 18-point bold type.
  • They owe you a written, itemised estimate within 60 days of the contract. If they do not provide one, you can cancel.
  • They may only solicit Monday to Saturday, 8am to 8pm.
  • No loans or advances to you, and no gift worth more than $25 as an inducement.
  • No rebate, gift, gift card or waived deductible in exchange for letting anyone inspect your roof or make a roof claim — and no compensation for referring roofing work. These are fineable up to $10,000 per act, or $20,000 during a declared emergency.
  • Your insurer's representatives must give you 48 hours' notice before meeting you or inspecting the property, and you may refuse access if they do not.

More on whether you need one, and what they may charge →

Information, not legal advice. Rules are summarised from the sections cited above, which control in every case. Statutes change and claims turn on their facts. For advice on your own claim, contact a licensed professional or the free state helpline on the resources page. Where this page and the statute differ, the statute governs.
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