Short answer: According to SB 76 (2021), Chapter 2021-77, Florida shortened the window to report a property claim or reopened claim to 2 years from the date of loss (3 years for supplemental claims), created a mandatory presuit notice under s. 627.70152 that you must file at least 10 business days before suing, and replaced the old one-way attorney-fee rule with a tiered formula. Effective July 1, 2021.
What did SB 76 (2021) change?
SB 76 (2021), enacted as Chapter 2021-77, Laws of Florida, was the first of Florida's recent property-insurance overhauls. It shortened the deadline to report a claim, created a new presuit notice you must send before suing your insurer (s. 627.70152), replaced the old one-way attorney-fee rule with a tiered formula, and cracked down on contractors soliciting roof-damage claims. It took effect July 1, 2021.
Read this page as the 2021 enacted text. Later reforms (SB 2-A in December 2022 and HB 837 in 2023) changed some of these rules again, so several SB 76 provisions are no longer current law. We flag those below.
How did SB 76 change the claim reporting deadline?
SB 76 amended s. 627.70132 to shorten the window to give your insurer notice of a claim. A claim or reopened claim (but not a supplemental claim) is barred unless you notify the insurer within 2 years after the date of loss, reduced from the prior 3 years. Supplemental claims got a separate 3-year deadline.
| Claim type | As enacted by SB 76 (2021) | Prior law | Current law (after SB 2-A, 2022) |
|---|---|---|---|
| Claim or reopened claim | 2 years from date of loss | 3 years | 1 year from date of loss |
| Supplemental claim | 3 years from date of loss | - | 18 months from date of loss |
Key takeaway: SB 76's 2-year window has since been cut further. Under current s. 627.70132, the deadline is 1 year for a claim or reopened claim and 18 months for a supplemental claim. See Fla. Stat. 627.70132.
What is the s. 627.70152 presuit notice?
SB 76 created s. 627.70152, a mandatory presuit step. Before filing suit under a property policy, a claimant must give the Department of Financial Services (DFS) written notice of intent to initiate litigation at least 10 business days before filing. The insurer must respond in writing within 10 business days after receiving the notice.
| Step | What happens | Timing |
|---|---|---|
| File presuit notice | Claimant files written notice of intent to litigate with DFS | At least 10 business days before filing suit |
| Insurer response | Insurer must respond in writing | Within 10 business days of receiving the notice |
See Fla. Stat. 627.70152 for the full presuit-notice detail.
How did SB 76 change attorney fees?
Before SB 76, a policyholder who won a recovery against the insurer was generally entitled to attorney fees under the one-way fee statutes (ss. 626.9373(1) / 627.428(1)). SB 76 replaced that in property suits with a tiered formula in s. 627.70152(8), keyed to how much of the "disputed amount" the claimant recovers. The "disputed amount" is the difference between the claimant's presuit settlement demand (excluding attorney fees and costs) and the insurer's presuit settlement offer.
| Share of the "disputed amount" the claimant obtains | Who pays attorney fees |
|---|---|
| Less than 20% | Each party pays its own fees; the claimant gets no fee award |
| At least 20% but less than 50% | Insurer pays a proportional share of the claimant's fees |
| 50% or more | Insurer pays the claimant's full fees |
Important: this formula still referenced the one-way fee statutes (ss. 626.9373(1) / 627.428(1)). Those one-way attorney-fee entitlements for property insurance were later eliminated by SB 2-A (December 2022) and HB 837 (2023), so SB 76's fee formula as originally enacted has since been superseded. Treat the tiers above as 2021 enacted history, not current law. See Florida property insurance reform.
What did SB 76 do about contractor roof solicitation?
SB 76 created s. 489.147 to curb aggressive roof-claim solicitation. It bars a contractor from soliciting a residential property owner through a "prohibited advertisement," defined as any written or electronic communication that encourages, instructs, or induces a consumer to contact a contractor or public adjuster for the purpose of making an insurance claim for roof damage. It also:
- Bars offering a homeowner a rebate, gift, gift card, cash, coupon, waiver of any insurance deductible, or other thing of value as an inducement.
- Bars a contractor (unless separately licensed as a public adjuster) from interpreting policy provisions, advising an insured on coverages or duties, or adjusting a property-insurance claim on the insured's behalf.
That last point matters: only a licensed public adjuster or attorney may advise you on coverage or adjust your claim. See Fla. Stat. 626.854.
Is SB 76 still current law?
Partly. SB 76's structure survives, but key numbers changed:
- The 627.70132 reporting window is now 1 year (claims and reopened claims) and 18 months (supplemental claims), not SB 76's 2 and 3 years.
- The 627.70152(8) attorney-fee tiers were superseded when the one-way fee statutes they relied on were repealed by SB 2-A and HB 837.
One clarification, because it is a common mix-up: SB 76 did not create Florida's mandatory percentage roof deductible. The only "deductible" language in SB 76 is the s. 489.147 ban on contractors offering to waive your deductible. The separate mandatory roof-deductible endorsement (up to 2% of Coverage A) came later, from SB 2D (2022). See SB 2D (2022) and SB 2-A (2022).
How does Ocean Point use SB 76 in a claim?
We treat the post-2021 deadlines as hard stops. Our team (Florida DFS firm license W829547, 21 years in the field, 500+ mediations, led by primary public adjuster Eli Goins, license P159790, and a member of FAPIA) tracks the date of loss on every file and gets notice to the carrier well inside the statutory window, because a late notice is one of the easiest ways for a carrier to bar a claim. We prepare the s. 627.70152 presuit notice with the demand and supporting documentation so the "disputed amount" is defined on the record. And when a contractor pressures you to sign paperwork that "handles the insurance," we tell you plainly what s. 489.147 forbids: a contractor cannot adjust your claim or waive your deductible.
Who this is for, and does SB 76 affect your claim?
If your loss happened on or after July 1, 2021, SB 76 (as later amended) sets your clock and your presuit path. It matters most when your claim is being delayed, denied, or underpaid and you are weighing litigation, because the presuit notice is now a required gate and the reporting deadline may already be running against you.
Do not rely on the fee tiers or the 2-year window as if they were current, they were changed by the 2022-23 reforms. Confirm the current deadline for your date of loss, document the loss early, and get the presuit notice right if a dispute is heading toward suit.
Bottom line: SB 76 started Florida's deadline-and-presuit regime, but the current numbers come from the later reforms, so verify today's rules before you act on any date or fee figure.