Florida’s Homeowner Claims Bill of Rights Explained in Plain English

Filing a home insurance claim can be stressful and confusing for any homeowner. To help Florida homeowners understand the process, the state created something called the Homeowner Claims Bill of Rights. This is basically a one-page document that explains your key rights and what you can expect from your insurance company after you file a property damage claim. The Florida Legislature passed this Bill of Rights in 2014 as a way to educate homeowners about their protections and important timelines in the claims process hermanwells.com. In this post, we’ll break down Florida’s Homeowner Claims Bill of Rights in simple, plain English. Our goal is to make these legal protections easy to understand, even if you’re not familiar with insurance jargon.

By law, when you report a home insurance claim in Florida, your insurance company must send you a copy of the Homeowner Claims Bill of Rights within 14 days myfloridacfo.com. Let’s go through what this document includes and why it matters for you as a homeowner.

What Is the Homeowner Claims Bill of Rights?

The Homeowner Claims Bill of Rights is a summary of your rights and responsibilities during an insurance claim under Florida law. It’s designed to be consumer-friendly, meaning it’s written in simple terms (non-technical language) so that everyday people can understand it leg.state.fl.us. This document outlines what your insurance company is required to do after you file a claim, and it also gives you some helpful advice on what you should do when you have damage to your home.

Think of it as a checklist of how the claim process should go. It covers things like how quickly the insurer must respond, how soon you should be paid, and options you have if there’s a dispute. It also reminds you to take certain steps (like doing emergency repairs or checking contractor licenses) to protect yourself. The Homeowner Claims Bill of Rights is specific to the claims process — it doesn’t list all of your rights, just the main ones related to handling a claim myfloridacfo.com. Importantly, this Bill of Rights isn’t giving you new rights out of thin air; it’s summarizing existing Florida laws in a way that’s easy to reference. Its purpose is to let you know what to expect and what is expected of you after you file a homeowner’s insurance claim hermanwells.com.

Now, let’s break down the key rights that this Bill of Rights outlines for Florida homeowners.

Your Rights After Filing a Home Insurance Claim in Florida

When you file a property insurance claim on your home in Florida, the Homeowner Claims Bill of Rights assures you have certain protections. In plain English, here are the main rights it says you have:

Prompt Claim Acknowledgment (within 7 days): Your insurance company must let you know it received your claim within 7 days of you submitting it myfloridacfo.com. This means within about a week, you should hear from them (often by mail or email) confirming that your claim was received and is being processed.
Timely Claim Decision (within 30 days after proof of loss): If you submit a Proof of Loss form (a document where you list what happened and the details of your damage) and you ask in writing, the insurance company has 30 days to tell you the status of your claim myfloridacfo.com. In other words, within 30 days of them getting your completed proof-of-loss statement, they must inform you if your claim is fully covered, partially covered, denied, or still under investigation. This keeps you from being left in the dark — you have a right to know where your claim stands within a month’s time of giving them the necessary claim information.
Right to a Copy of Detailed Estimate: You have the right to receive a copy of any detailed damage estimate that the insurance adjuster prepares for your claim myfloridacfo.com. If the insurance company’s adjuster inspects your home and writes up an estimate of the damage, they must give you a copy of that estimate within 7 days after it’s written. This way, you can see how they calculated the loss amount and what they think needs to be repaired or replaced.
Quick Payment or Claim Denial (within 60 days): You should receive a timely outcome for your claim. According to the Bill of Rights, within 60 days of submitting your claim, you should either get full payment, a partial payment for any part of the claim that is not in dispute, or a written denial of your claim myfloridacfo.com. In plain terms, the insurance company can’t drag its feet forever — they have about two months to either pay you (at least the amount they agree is owed) or tell you why they won’t. (One thing to note: if you have a mortgage on your home, the insurance payment check might include your mortgage company’s name too, as a co-payee. This is normal and is done because the bank also has a financial interest in the property) myfloridacfo.com.
Interest on Late Payments: If the insurance company misses that 60-day window to pay or deny your claim, they may have to pay you interest on the amount owed myfloridacfo.com. Florida law says that starting from day 60 after you file the claim, if it’s still not paid or decided, interest begins to accrue on whatever amount the insurer eventually owes you myfloridacfo.com. That interest will be added to your claim payment. This rule (effective January 1, 2022) is there to give insurers an extra incentive not to delay claims without good reason.
Free Mediation for Disputed Claims: If you and the insurance company disagree about the claim, you have the right to request free mediation through the Florida Department of Financial Services (DFS) myfloridacfo.com. Mediation is an informal process where a neutral third party tries to help you and the insurer reach an agreement. Most homeowners’ property claims qualify for the state’s free mediation program (there are some exceptions), and the insurance company pays for the mediation service myfloridacfo.com. This is a helpful option if you think the insurer is not offering a fair amount or denying something you believe should be covered.
Neutral Evaluation for Sinkhole Claims: If your claim involves sinkhole damage (and your policy covers sinkholes), you are entitled to a free neutral evaluation by an expert myfloridacfo.com. Sinkhole claims can be complicated, so Florida provides this neutral evaluation program where an independent engineer or geologist (not hired by your insurance company) will examine the damage and give an opinion on the cause and estimate of the damage. This can help resolve disputes specifically about sinkhole claims.
Assistance from the State Helpline: You have the right to seek help at any time from the Florida Department of Financial Services’ Consumer Helpline for any questions or issues with your insurance claim leg.state.fl.us. The Bill of Rights includes contact information for the state’s toll-free insurance helpline. This means if you’re confused, have trouble with your insurance company, or just need guidance, you can call the state’s consumer advocates for assistance. They can answer questions and even reach out to the insurance company on your behalf if necessary.

These rights are meant to protect you and make the insurance claims process more transparent. They set clear deadlines for insurers and provide avenues for help if things aren’t going smoothly. Knowing about these rights can give you peace of mind during what is often a stressful time (like after a storm or accident that damages your home).

Tips and Advice for Homeowners Filing a Claim

The Homeowner Claims Bill of Rights doesn’t just list your rights — it also gives practical advice to homeowners on what to do when you have property damage. Following this advice can help make your claim go more smoothly and protect you from further problems. Here are the key tips in plain English:

Report the claim to your insurer directly: File your claim directly with your insurance company, not through a third-party contractor or public adjuster, if possible. This ensures the insurance company knows about your loss right away and can’t say they weren’t informed weldonrothman.com. It also keeps you in control of the claim process from the start.
Talk to your insurance company before signing repair contracts: Always contact your insurer before you hire someone or sign a contract for repairs myfloridacfo.com. Your policy might have certain rules about using approved contractors or specific procedures for repairs. By checking with your insurance company first, you can make sure you don’t accidentally violate your policy conditions. It also gives the insurer a chance to inspect the damage themselves or guide you on next steps.
Make emergency repairs to prevent more damage: If your home is damaged, you should do what you can to prevent further damage. For example, if a storm blew off part of your roof, you might put a tarp over the open section to stop rain from causing more harm inside. The Bill of Rights advises making necessary temporary repairs and documenting them myfloridacfo.com. This means keep receipts for anything you buy (like tarps or plywood) and take photos before and after the emergency repairs myfloridacfo.com. Don’t throw away damaged items until the adjuster sees them, if possible. By protecting your property from additional damage, you’re also meeting a common requirement in insurance policies (to mitigate, or lessen, the damage).
Read contracts carefully, especially for costs or fees: Be cautious with repair contracts. Do not rush to sign any contract for repairs or restoration without reading it thoroughly — especially if the contract says you have to pay something out-of-pocket or give the contractor a percentage of your insurance claim proceeds myfloridacfo.com. Some contractors might offer to handle your whole claim but then take a large cut of the money — this could leave you short on funds to fully repair your home. Make sure you understand who pays for what, and don’t agree to any fees that aren’t clear. If a contractor pressures you to sign quickly or pay upfront, that’s a red flag. It’s okay to take your time or seek advice before signing.
Use licensed and insured contractors: When you do hire a contractor to fix your home, ensure they are licensed to do business in Florida and have insurance myfloridacfo.com. A licensed contractor has met certain qualifications and it’s actually required by law that anyone doing repair work paid by insurance is properly licensed kubickidraper.com. Ask the contractor for their Florida license number and verify it online or by calling the Florida Department of Business and Professional Regulation. Also, request proof that they carry liability insurance (this protects you in case something goes wrong during the repair). Don’t hesitate to ask for references or check reviews — reputable contractors will be happy to provide them. Hiring a licensed, insured contractor protects you from scams and shoddy work, and it’s exactly what the Bill of Rights advises homeowners to do myfloridacfo.com.
Get proof of insurance from the contractor: Before any work begins, require the contractor to show proof of their insurance coverage myfloridacfo.com. This could be a certificate of insurance. It’s important because if the contractor were to get hurt on the job or accidentally cause more damage, their insurance should cover it — not your homeowner’s insurance. Never feel bad about asking for this; legitimate contractors expect it.
Secure your property if you have to leave: If the damage to your home is so severe that you can’t stay there (for example, after a fire or significant storm damage), make sure to secure your property and turn off utilities before you leave myfloridacfo.com. This means locking doors, boarding up broken windows, and shutting off the gas, water, and electricity if necessary to prevent accidents or further damage. Let your insurance company know where you will be staying and give them a phone number where they can reach you myfloridacfo.com. This way, you stay in communication and don’t miss important updates on your claim.

Following these tips can help you avoid common pitfalls during the insurance claim process. They basically boil down to: keep the insurance company in the loop, protect your home from more harm, be careful with agreements, and only use reputable professionals for repairs.

What the Homeowner Claims Bill of Rights Doesn’t Cover

While the Homeowner Claims Bill of Rights is a great tool for understanding the claims process, it’s important to know its limitations.

First, this Bill of Rights does not list all of your rights under Florida law — it only highlights the main ones related to filing a claim myfloridacfo.com. For instance, there are other laws about insurance fraud, cancellation/nonrenewal protections, and so on that aren’t mentioned in this one-page document. So, think of the Bill of Rights as a summary of the claims process, not an exhaustive legal guide.

Second, the Homeowner Claims Bill of Rights is not a legal weapon on its own. According to the statute, this document “does not create a civil cause of action” against an insurermyfloridacfo.com. In simple terms, you can’t directly sue your insurance company just because they violated something in the Bill of Rights. And if an insurer fails to give you the Bill of Rights, it doesn’t mean you automatically win a case — however, the insurance regulators could enforce penalties on the insurer for not following the rules. The Bill of Rights is there to inform and empower you, but it doesn’t replace the actual insurance contract or laws.

Lastly, the timelines and rights in the Bill of Rights do have some exceptions. The document itself notes that there are exceptions to these timeframes when conditions are beyond the insurance company’s control myfloridacfo.com. For example, after a major hurricane or natural disaster, insurance companies might be dealing with an overwhelming number of claims at once. If something like that happens, delays might be considered beyond their control (to a reasonable extent). The key takeaway is that the law expects insurers to act fast, but it also acknowledges real-world challenges. If you ever feel like your insurance company is ignoring these rights without a valid reason, you can contact the Florida DFS helpline or seek legal advice — but generally, companies do strive to meet these standards to avoid penalties.

How Orange Contracting and Roofing Can Help

Understanding your rights is important, and so is choosing the right people to help you recover from damage to your home. Orange Contracting and Roofing (OCR) is here to assist Florida homeowners through the repair process, and we align our services with the Homeowner Claims Bill of Rights principles.

Licensed and Insured Professionals: We are a fully licensed Florida contractor and carry all the necessary insurance. In fact, Florida law requires that any repair work paid for by insurance must be done by a properly licensed company kubickidraper.com. With Orange Contracting and Roofing, you can be confident you’re hiring qualified professionals who meet state requirements. We’re happy to show our license and insurance proof, and we encourage homeowners to verify any contractor’s credentials — it’s your right to do so.
Help with Emergency Repairs: If your roof or home is damaged in a storm or accident, our team can respond quickly to perform emergency repairs (like tarping a roof or boarding up openings) to prevent further damage. This directly supports what the Bill of Rights advises homeowners to do, and we’ll even guide you on how to document these actions for your insurance claim. We know that taking quick action and keeping good records can make a big difference in your claim’s outcome, so we’re there to help you every step of the way.
Experience with Insurance Claims: While we are not insurance adjusters or lawyers, we have extensive experience working on storm damage and insurance claim-related repairs. We understand the timelines that insurance companies are supposed to follow and the importance of detailed estimates. If needed, we can provide you with a professional estimate for the damage to your roof, which you can share with your insurer. We cooperate with insurance adjusters by answering questions about the damage and our repair plans. Our goal is the same as yours — to restore your home properly and swiftly. By keeping open communication with you (and, with your permission, with the insurer’s representatives), we help ensure the process stays on track.
Quality Repairs and Transparent Service: Orange Contracting and Roofing prides itself on doing high-quality work. When your claim is approved and it’s time to fix the damage, we make sure the repairs meet all building codes and industry standards. We provide clear contracts and do not spring surprise fees on you. You’ll never be asked to sign away your rights or agree to unfair terms with us. Our approach is honest and customer-focused, which means we want you to fully understand the work being done on your home and be comfortable with every step.

In short, our team at Orange Contracting and Roofing can be a valuable partner when disaster strikes. We help you protect your home from further damage, meet all the recommended guidelines (licensed contractor, proper documentation, etc.), and ultimately restore your roof and property to good condition. We do all this while respecting your rights as a homeowner and maintaining open communication.

Your home is your biggest investment, and if you ever need to file an insurance claim for damage, remember that you’re not alone. Florida’s Homeowner Claims Bill of Rights is there to empower you, and professionals like Orange Contracting and Roofing are here to help you navigate the aftermath. If you have any questions about the claims process or need repairs, feel free to reach out to us. We’re committed to helping homeowners in our community stay informed, protected, and taken care of when it matters most.

Call Orange Contracting and Roofing at 407-205-2676 or email [email protected]

The company’s office is located at 105 Candace Dr., Suite 129, Maitland, FL 32751. Taking this step can help ensure a home is well-prepared to face the demands of the Central Florida climate for years to come.