Short answer: According to CS/SB 2-D (2022), codified as Chapter 2022-268, Laws of Florida, the May 2022 special-session reform created the $2 billion RAP reinsurance layer, let insurers offer a separate roof deductible capped at the lesser of 2% of Coverage A or 50% of roof replacement cost, barred roof-age-only nonrenewals for roofs under 15 years old, and tied property-suit attorney fees to a presuit-offer sliding scale.
What did CS/SB 2-D (2022) do?
CS/SB 2-D was the first of two major property-insurance packages Florida passed in 2022. The Legislature enacted it during the May 2022 special session (session 2022D), the Governor approved it on May 26, 2022, and it became Chapter 2022-268, Laws of Florida, effective May 26, 2022 (except as otherwise provided). The law touched reinsurance, roof deductibles, roof-age underwriting, contractor solicitation, and how attorney fees are awarded in property lawsuits.
Here is what it changed at a glance:
| Provision | Statute | What CS/SB 2-D did |
|---|---|---|
| RAP reinsurance program | s. 215.5551 | Created a $2 billion reimbursement layer below the FHCF retention |
| Separate roof deductible | s. 627.701 | Allowed a capped roof-only deductible the policyholder can reject |
| Roof-age underwriting | s. 627.7011(5) | Restricted denying or nonrenewing a policy solely because of roof age |
| Contractor solicitation | s. 489.147 | Required deductible-fraud disclosures in roof-claim advertising |
| Property-suit attorney fees | s. 627.428(1), s. 626.9373(1), routed through s. 627.70152(8) | Tied fee awards to a presuit-offer sliding scale |
| AOB attorney fees | s. 627.7152(10) | Added a separate sliding scale for assignee suits |
| My Safe Florida Home | mitigation grants | Appropriated $150,000,000 for inspections and matching grants |
Is SB 2D the same as SB 2A?
No, and this is the single most common point of confusion. There were two 2022 property-insurance special sessions:
- CS/SB 2-D (SB 2D) was the May 2022 special session, codified as Chapter 2022-268. That is the law described on this page.
- SB 2A was the December 2022 special session, a separate and later law (commonly Chapter 2022-271) that went much further. SB 2A repealed the one-way attorney-fee statutes for property insurance and eliminated assignment of benefits for policies issued after January 1, 2023.
So the attorney-fee and AOB provisions SB 2D put in place were significantly overtaken just months later by SB 2A. If you are reading an old article that says "the 2022 reform," check whether it means the May bill or the December bill, because they say different things.
What is the RAP reinsurance program?
CS/SB 2-D created the Reinsurance to Assist Policyholders (RAP) program in s. 215.5551, F.S., administered by the State Board of Administration. RAP provides a $2 billion reimbursement layer positioned below the Florida Hurricane Catastrophe Fund (FHCF) retention at no cost to participating insurers. In exchange, participating insurers had to file rate filings reflecting the RAP savings.
This is a carrier-side, behind-the-scenes program. It does not change your claim rights directly, but it was designed to keep insurers solvent and, in theory, to hold down premiums after several years of Florida market instability.
Can my insurer put a separate deductible on my roof?
CS/SB 2-D amended s. 627.701, F.S. to let an insurer offer a policy with a separate deductible that applies only to roof losses. Two protections come with it:
- You can opt out. The separate roof deductible is an option the policyholder may reject. The policy must carry a prescribed capitalized notice telling the insured they are electing coverage with a separate roof-loss deductible.
- It is capped. Under s. 627.701(10)(a)2., the roof deductible may not exceed the lesser of 2 percent of the policy's Coverage A limit or 50 percent of the cost to replace the roof.
In plain terms: if your Coverage A limit is high, the 2 percent cap controls; if replacing your roof is relatively cheap, the 50 percent cap controls. Whichever number is smaller is the ceiling. Read your declarations page carefully, because a separate roof deductible can materially cut what you collect on a roof loss.
Can an insurer refuse to renew my policy because my roof is old?
CS/SB 2-D added s. 627.7011(5), F.S. to limit roof-age underwriting:
- Roof under 15 years old: An insurer may not refuse to issue or renew a homeowner's policy on a residential structure with a roof that is less than 15 years old solely because of the age of the roof.
- Roof 15 years or older: The insurer must allow a roof inspection. If an inspection by an authorized inspector shows the roof has 5 years or more of useful life remaining, the insurer may not refuse to issue or renew solely because of roof age.
This provision was aimed squarely at the wave of nonrenewals Florida homeowners were seeing based on roof age alone. It does not force an insurer to cover a genuinely failed roof, but it stops age-only refusals when the roof still has life left.
How did SB 2D change attorney fees in property lawsuits?
Historically Florida had "one-way" attorney-fee statutes (s. 627.428 and s. 626.9373) that made insurers pay a prevailing policyholder's fees. SB 76 (2021) had already created the presuit process in s. 627.70152 and a fee-differential structure. CS/SB 2-D amended s. 627.428(1) and s. 626.9373(1) so that fee awards in non-assignee residential and commercial property suits are calculated on the presuit-offer sliding scale in s. 627.70152(8):
| Recovery vs. presuit offer (share of disputed amount) | Who pays attorney fees |
|---|---|
| Less than 20% | Each party pays its own attorney fees |
| 20% to less than 50% | Insurer pays the claimant's attorney fees |
| 50% or more | Insurer pays the claimant's full attorney fees |
CS/SB 2-D also established a strong presumption that a lodestar fee is sufficient and reasonable, rebuttable only in a rare and exceptional circumstance. The practical effect was to narrow when and how much a policyholder's lawyer could recover, pushing more disputes toward the presuit and appraisal tracks before litigation.
What did SB 2D change about assignment of benefits (AOB)?
For assignment-of-benefits suits, CS/SB 2-D added its own sliding scale in s. 627.7152(10). It compares the judgment the assignee obtains against the insurer's presuit settlement offer:
| Judgment vs. presuit offer (share of disputed amount) | Who is awarded fees |
|---|---|
| Less than 25% | Insurer is awarded reasonable attorney fees |
| 25% to less than 50% | No party recovers attorney fees |
| 50% or more | Assignee is awarded reasonable attorney fees |
Note this scale uses 25 percent as its first breakpoint, not the 20 percent used for non-assignee property suits. Later, SB 2A (December 2022) eliminated AOB entirely for policies issued after January 1, 2023, so this AOB fee scale applies to a shrinking set of older policies.
What are the new rules for contractors soliciting roof claims?
CS/SB 2-D amended the contractor-solicitation provisions in s. 489.147, F.S. A contractor may not, directly or indirectly, run prohibited advertising that induces a consumer to file a roof-damage insurance claim unless the advertisement states, in a font size of at least 12 points, that:
- the consumer is responsible for the insurance deductible; and
- it is insurance fraud, punishable as a felony of the third degree, for a contractor to knowingly pay, waive, or rebate all or part of an insurance deductible.
These disclosures were meant to curb "free roof" solicitation that quietly promised to eat the deductible, which is illegal.
Is SB 2D still the law today?
Read this section carefully. The figures on this page reflect CS/SB 2-D as enacted in May 2022, not necessarily current Florida law. These statutes have since been amended:
- SB 2A (December 2022) repealed the one-way attorney-fee statutes (s. 627.428 and s. 626.9373) for property insurance and eliminated assignment of benefits for policies issued after January 1, 2023.
- HB 837 (2023) further revised general attorney-fee and one-way-fee law.
So the SB 2D attorney-fee and AOB sliding scales were largely superseded within a year. The roof-deductible option and roof-age underwriting limits are the SB 2D provisions most likely to still touch a current homeowner's policy. Before you rely on any fee or AOB rule for your own claim, confirm the version of the law that applies to your policy period.
How does Ocean Point use SB 2D on your claim?
We are a Florida public-adjusting firm (DFS firm license W829547) representing policyholders, not insurers, and our primary public adjuster Eli Goins (license P159790) has worked these files through every version of the 2022 and 2023 reforms. When SB 2D shows up on a claim, our team does three things:
- We check your deductible. If your policy carries a separate roof deductible, we confirm it was properly offered, that you were given the required opt-out notice, and that it does not exceed the lesser of 2 percent of Coverage A or 50 percent of roof replacement cost.
- We push back on roof-age denials. If an insurer refuses or nonrenews based on roof age, we look at whether the 15-year and 5-years-of-useful-life standards were honored, including whether a required inspection happened.
- We resolve before litigation when we can. With over 500 mediations behind us and FAPIA membership, we work the presuit, appraisal, and mediation tracks hard, which is exactly where the SB 2D and SB 2A fee changes pushed these disputes.
We do not provide legal advice, and we do not file lawsuits. When a claim needs a lawyer, we coordinate with counsel who can apply the current fee statutes to your policy.
Who this is for, and does SB 2D help you?
CS/SB 2-D matters most to you if you have a roof claim, a separate roof deductible on your declarations page, or a roof-age nonrenewal notice. It matters less for the fee and AOB provisions, which SB 2A and HB 837 have largely overtaken. If your insurer is delaying, denying, or underpaying a roof or storm loss, the underwriting protections in s. 627.7011(5) and the deductible cap in s. 627.701 are the parts of this law you can actually use.
Bottom line: SB 2D is the May 2022 reform (Chapter 2022-268), not the December SB 2A law, and its most durable homeowner protections are the roof-deductible cap and the roof-age underwriting limits, so verify which reform applies before you rely on any single number.