Florida Senate Bill 76: What Every Homeowner Needs to Know
Florida Senate Bill 76 (SB76) was signed into law June 11, 2021 and went into effect July 1, 2021. It is the most significant change to Florida property insurance law in a decade. SB76 shortened the insurance claim filing window from three years to two, required homeowners to give carriers 60 days pre-suit notice before filing a lawsuit, changed how attorney fees are awarded in insurance disputes, restricted Assignment of Benefits (AOB), and placed new prohibitions on what roofing contractors can do when assisting homeowners with claims. This page explains every provision in plain English — what changed, what contractors like NEXGEN can and cannot do, and what it means for your insurance claim. NEXGEN Roofing, Jacksonville FL. Licensed CCC1332722. Call (904) 802-7150.
Most homeowners filing a roof insurance claim in Florida have never heard of Senate Bill 76. Most roofing contractors act like it doesn't exist. Both are mistakes.
SB76 changed the rules of the game — for homeowners, for contractors, and for the relationship between all three parties during the claims process. It shortened your window to file. It changed what contractors can legally do on your behalf. It restructured how disputes with carriers get resolved. And it has direct consequences for whether your claim gets paid correctly.
We're going to explain it plainly — no legal jargon, no spin. Just what the law says, what it means for you, and how NEXGEN operates within it.
One thing worth saying upfront: SB76 was passed for legitimate reasons. Florida had a genuine problem with predatory contractors and inflated claims driving insurance rates through the roof. The law addressed real abuses. Operating within it — the way NEXGEN does — is not a limitation. It's how ethical contractors have always worked.
Why SB76 Was Passed — and Why It Matters
Florida's property insurance market was in crisis before SB76. The state represented roughly 8% of the nation's homeowner insurance claims but over 76% of all homeowner insurance litigation in the country. Insurance companies were paying out billions — most of it in attorney fees, not to homeowners. Predatory roofing contractors were canvassing neighborhoods, offering incentives to file claims, and generating lawsuits that drove premiums up for everyone.
SB76 was the legislature's response. It restructured the financial incentives around insurance litigation, tightened the rules for contractors, and gave carriers more tools to manage costs. Understanding why it passed helps explain why the restrictions exist — and why legitimate contractors like NEXGEN operate the way they do.
The market conditions that drove SB76
of all US homeowner insurance litigation was in Florida before SB76
of US homeowner insurance claims were in Florida — wildly disproportionate litigation rate
paid out in Florida claims over 7 years — 71% went to attorney fees, only 8% to homeowners
SB76 signed June 11, effective July 1 — the most significant FL insurance reform in a decade
SB76 Legislative Timeline
Governor DeSantis signs the first Assignment of Benefits reform, limiting the ability of contractors to take over homeowner claims. Litigation continued to spike.
Sponsored by Sen. Jim Boyd, the bill targets excessive litigation and predatory contractor practices that were driving up premiums across the state.
Signed at a Sarasota roundtable with insurance commissioners and business groups. The law goes into effect July 1, 2021.
All provisions active. The 2-year claims window, pre-suit notice requirements, contractor prohibitions, and attorney fee changes apply to all new claims.
Florida goes further, passing SB 2-A which completely bans Assignment of Benefits for property insurance claims — closing the door on the practice that had generated the most abuse.
The 5 Key Provisions of Florida SB76
SB76 touched multiple areas of Florida insurance law. Here's each provision explained in plain English — what it changed and what it means for you as a homeowner.
Before SB76, you had three years from the date of a storm or loss to file an insurance claim, supplemental claim, or reopened claim. SB76 reduced that window to two years for all property insurance claims. This applies to storm damage you may not have fully assessed yet. If you had a roof damaged in a storm nearly two years ago and haven't filed, contact a licensed contractor and your carrier immediately. The window closes fast.
Before SB76, a homeowner could file a lawsuit against their insurance carrier with minimal advance notice. Now, before filing any lawsuit related to a property insurance claim, the homeowner must provide the carrier with written notice at least 60 days in advance. The notice must detail the alleged breach, damages sought, and supporting documentation. The carrier then has an opportunity to respond, reinspect, or settle before litigation begins. This was designed to reduce frivolous suits — but it also creates a procedural hurdle for legitimate disputes.
Florida had long allowed homeowners who won insurance lawsuits to recover their attorney fees from the carrier — which made it financially viable to fight legitimate denials. SB76 changed this to a proportional model: if you sue for $50,000 and recover less than 20% of that amount, the carrier owes no attorney fees. Between 20–50% recovery, fees are proportional. Only above 50% recovery do you get full fee coverage. This makes insurance litigation significantly more complex and expensive for homeowners with partially disputed claims.
AOB allowed homeowners to sign over their insurance claim rights to a contractor, who would then negotiate and sue the carrier directly. It was widely abused — contractors would inflate scopes, generate litigation, and collect insurance money without homeowner involvement. SB76 tightened AOB restrictions significantly. SB 2-A (2022) finished the job by banning AOB entirely for property insurance claims. Contractors can no longer take control of your claim. You manage your claim. We assist.
This is the provision that most directly affects the day-to-day relationship between roofing contractors and homeowners. SB76 created a specific list of prohibited acts — things contractors are legally barred from doing when assisting with insurance claims. Any contractor violating these prohibitions exposes both themselves and potentially the homeowner's claim to legal risk. See the full list below.
What Roofing Contractors Cannot Do Under SB76
Florida Statute 489.147, created by SB76, lists specific acts that roofing contractors are prohibited from performing in connection with residential property insurance claims. These aren't suggestions — violations can result in fines up to $10,000 per occurrence and criminal penalties in some cases.
We're listing every prohibition here in plain English. If a contractor is doing any of these things, walk away — and consider whether your claim may have been compromised.
Any contractor offering a "free roof" if you file a claim · Any contractor offering to cover your deductible · Any contractor asking you to sign an Assignment of Benefits · Any contractor guaranteeing a specific claim payout before your adjuster has even visited · Any contractor who discourages you from having your own attorney or public adjuster review the situation.
What Legitimate Contractors Do Within the Law
What SB76 Means for Your Insurance Claim — Practically Speaking
Understanding SB76 isn't just academic. It has direct, practical consequences for how your claim gets handled and what your options are if something goes wrong.
The 2-Year Window Is the Most Urgent Thing on This Page
If you have storm damage you haven't reported yet — and the storm was more than 18 months ago — you need to act now. Florida's 2-year claims deadline under SB76 is firm. Miss it and you lose the right to file, no matter how legitimate the damage is.
Roof damage is frequently discovered late. A small leak becomes visible months after the storm. Interior staining shows up a year later. Granule loss isn't noticed until the next inspection. None of that matters after the 2-year window closes.
If you're unsure whether you might have unaddressed storm damage, call NEXGEN for a free inspection. We'll document what we find and give you an honest assessment of whether a claim is warranted — before your window closes.
If Your Claim Gets Disputed
SB76's pre-suit notice requirement and attorney fee restructuring make disputing a denied or underpaid claim more complicated than it used to be. If your carrier denies your claim or your scope of loss is significantly lower than expected, here's the right order of operations:
• Contact NEXGEN first — we'll review the scope and determine whether supplementing is appropriate
• If the dispute is significant, consult a licensed public adjuster before doing anything else
• If litigation becomes necessary, the 60-day pre-suit notice must be sent before filing — do not skip this step or your case may be dismissed
• Keep every document, every email, every photo — documentation is everything under SB76
AOB — What It Was and Why It No Longer Exists
Assignment of Benefits was a legal mechanism that allowed homeowners to sign over their insurance claim rights to a third party — typically a roofing or water mitigation contractor. The contractor would then file the claim, negotiate with the carrier, and sue the insurer directly if they disagreed with the payout. The homeowner didn't have to deal with any of it.
In theory, this was convenient. In practice, it became one of the most abused mechanisms in Florida insurance history. Contractors would inflate scopes dramatically, generate litigation without homeowner knowledge, and collect large insurance payouts while carriers raised rates on everyone to compensate. Florida accounted for a disproportionate share of AOB-related lawsuits nationwide.
How AOB worked (before 2022)
- Homeowner signs AOB giving contractor control of the claim
- Contractor negotiates scope and payment directly with carrier
- Contractor files lawsuit against carrier if disputed — without homeowner involvement
- Carrier pays settlement to contractor, not homeowner
- Homeowner often unaware of the full scope of what was filed
How it works now (AOB banned)
- You manage your own claim — no signing over rights to a contractor
- Contractor provides estimates and attends adjuster appointments
- Carrier pays you directly (and your mortgage lender if applicable)
- Any disputes go through you — with help from a licensed public adjuster if needed
- Contractor cannot file lawsuits on your behalf or negotiate your settlement
The death of AOB means you have more responsibility in your own claim — but also more control. NEXGEN's role is to make sure you're as informed and well-documented as possible so you can manage the process confidently. We attend the adjuster appointment, we submit supplements, we handle all the contractor-side paperwork. The claim itself stays in your hands — where it belongs.
DISCLAIMER: This page is tended for informational purposes only and does not constitute legal or insurance advice. The information provided reflects our understanding of Florida Senate Bill 76 and related legislation as of the date of publication. Florida insurance laws change frequently. Always consult with a licensed attorney, insurance agent, or licensed public adjuster regarding your specific situation. NEXGEN Roofing is a licensed roofing contractor (CCC1332722, CBC1263996) in the State of Florida. We are not attorneys, public adjusters, or insurance agents.
Florida SB76 — Frequently Asked Questions
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Florida Senate Bill 76 is a property insurance reform law signed June 11, 2021 and effective July 1, 2021. It was the most significant change to Florida's property insurance laws in a decade. SB76 shortened the insurance claim filing window from three years to two, required 60 days pre-suit notice before suing a carrier, restructured attorney fee awards in insurance lawsuits, restricted Assignment of Benefits, and created a list of prohibited acts for roofing contractors assisting with claims.
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The most urgent impact is the 2-year filing deadline. Before SB76, you had three years from the date of a storm or loss to file a claim. SB76 reduced that to two years for all new claims, supplemental claims, and reopened claims. If you have storm damage you haven't reported yet and the storm was nearly two years ago, contact a licensed contractor and your carrier immediately.
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Florida Statute 489.147, created by SB76, prohibits roofing contractors from offering any incentive (cash, gift cards, deductible waivers, or anything of value) in exchange for allowing an inspection or filing a claim. Contractors also cannot waive deductibles, act as a public adjuster, provide a repair authorization without a written estimate, or use prohibited advertising. Violations carry fines up to $10,000 per occurrence.
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No — and it's been illegal since SB76 took effect July 1, 2021. Offering any incentive to encourage a homeowner to file an insurance claim is a prohibited act under Florida Statute 489.147. Any contractor making this offer is violating the law, exposing themselves to fines, and potentially jeopardizing your claim. Walk away and report it to the Florida Department of Business and Professional Regulation.
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No. This is explicitly prohibited under SB76. Your deductible is a contractual obligation under your insurance policy — waiving it or offering to "cover" it constitutes a form of insurance fraud. If a contractor offers to waive your deductible, do not work with them. It puts your claim, your policy, and potentially your credit at risk.
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Assignment of Benefits (AOB) was a legal mechanism that allowed homeowners to sign over their insurance claim rights to a contractor. It was banned entirely by SB 2-A in 2022. You can no longer assign your insurance claim rights to a roofing contractor. You manage your own claim — with the support of your contractor for estimates and adjuster attendance, and a licensed public adjuster if needed for disputes.
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Before filing a lawsuit against your insurance carrier over a claim dispute, SB76 requires you to send written notice to the carrier at least 60 days in advance. The notice must describe the alleged breach, the damages sought, and include supporting documentation. The carrier then has 60 days to respond, reinspect, or make an offer before a lawsuit can proceed. Failing to send this notice properly can result in your lawsuit being dismissed.
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SB76 applies to claims filed on or after July 1, 2021, regardless of when the underlying storm or loss occurred. If you had storm damage from 2019 or 2020 and filed a claim after July 1, 2021, SB76's provisions apply to that claim. The 2-year filing deadline runs from the date of loss — not the date the law took effect.
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Contact a licensed public adjuster or insurance attorney immediately. Document everything — any written offers, signed agreements, or communications. You can also file a complaint with the Florida Department of Business and Professional Regulation (DBPR) against the contractor. Do not make any further payments or sign any additional documents until you understand how the violation may have affected your claim.