Short answer: According to Fla. Stat. 489.147, a Florida contractor may not offer a homeowner a rebate, gift, cash, coupon, or a waiver of the insurance deductible to induce a roof-damage claim, may not solicit through a prohibited advertisement, and may not interpret policy provisions or adjust a claim unless separately licensed as a public adjuster. Violations carry disciplinary action and fines up to $10,000 per violation.
What does Florida Statute 489.147 do?
Fla. Stat. 489.147, "Prohibited property insurance practices," was created by SB 76 (2021) to stop aggressive, deductible-driven roof-claim solicitation. It draws a bright line between what a contractor may do (repair your property) and what only a licensed public adjuster or attorney may do (advise you on coverage and adjust your claim).
What does the statute prohibit?
| Prohibited practice | What it means for you |
|---|---|
| Offering to waive or absorb your deductible | A contractor cannot offer a rebate, gift, gift card, cash, coupon, or any waiver of your insurance deductible as an inducement to make a claim |
| Prohibited advertisement | A contractor cannot send communications that encourage, instruct, or induce you to contact a contractor or public adjuster to make a roof-damage claim unless the ad carries the required warnings |
| Interpreting your policy | A contractor (unless separately licensed as a public adjuster) cannot advise you about your coverages, duties, or policy provisions |
| Adjusting your claim | A contractor cannot negotiate or effectuate the settlement of your insurance claim on your behalf |
What must a compliant roofing advertisement say?
A written or electronic solicitation that encourages a roof-damage claim must include, in at least 12-point type, a notice that the consumer is responsible for paying any deductible and that it is insurance fraud punishable as a felony for a contractor to knowingly or willfully, and with intent to injure, defraud, or deceive, pay or offer to pay all or part of an insurance deductible. In other words, "free roof, we'll cover your deductible" is not a lawful offer.
Why does this protect you?
The "we'll waive your deductible" pitch is not free money. When a contractor eats the deductible, that cost is typically padded back into an inflated estimate submitted to your carrier, which can expose you to a fraud allegation, a denial, or a rescinded policy. Fla. Stat. 489.147 exists because policyholders were left holding that risk.
Who is allowed to advise you?
Only a licensed public adjuster or an attorney may advise you on your coverage and adjust your claim. If a roofer is telling you what your policy "should" pay or offering to "handle the insurance," that is exactly the conduct 489.147 restricts. See Fla. Stat. 626.854 for who may lawfully represent you.
How does Ocean Point use this statute?
We are a licensed Florida public adjusting firm (DFS license W829547), so advising you on coverage and adjusting your claim is precisely what we are licensed to do, on contingency, with the deductible handled honestly and the estimate built to the documented scope. When a contractor has already pressured a homeowner into paperwork that "handles the insurance," we untangle it and put the claim back on a lawful, documented footing.