Florida's December 2022 property-insurance package changed both sides of an insurance claim. It shortened several insurer response deadlines, but it also narrowed some of the options policyholders had used when reporting a loss, assigning benefits, or taking an insurer to court.
That sounds like one clean before-and-after story. It isn't.
The Legislature had already passed a separate property-insurance package, Senate Bill 2-D, in May 2022. It then passed Senate Bill 2-A during Special Session A in December. Governor Ron DeSantis approved SB 2-A as Chapter 2022-271 on December 16, 2022. Some provisions became effective that day, while the main claims-handling changes took effect on March 1, 2023. The session also produced SB 4-A, a separate disaster-relief measure, but this article focuses on SB 2-A.
Then the law moved again. Florida's 2023 tort package, HB 837, changed the attorney-fee and bad- faith landscape around the same disputes. Other legislation added exceptions, clarified how contract dates matter, amended Citizens rules, and repealed one of SB 2-A's reinsurance programs.
So this is a historical guide with a current-status layer—not a calculator for your deadline or a substitute for advice about a particular policy. The status notes below were checked on August 3, 2026, using the 2025 Florida Statutes, the latest consolidated edition available, plus enacted 2026 chapter laws found in the research pass. Check the live law again before acting.
For a broader reference, start with our Florida Guide to Property Insurance.
Key Takeaways
Start with four changes:
- Shorter insurance-claim reporting windows. SB 2-A established a one-year base window for notifying an insurer of a new or reopened property insurance claim and an 18-month base window for a supplemental claim. Those figures remain in the 2025 statute, but later exceptions and the policy's issue or renewal date can affect whether the rule applies.
- Shorter deadlines for insurance companies to process an insurance claim. Beginning March 1, 2023, SB 2-A shortened the statutory clocks for acknowledgment, investigation, inspection, estimate delivery, and payment or denial. Most of these duties apply to residential property insurers; the 60-day pay-or-deny rule also reaches specified commercial property insurance claims.
- A new policy-date boundary for assignments of benefits. For the residential and commercial property policies covered by the statute, an attempted post-loss assignment is void if the policy was issued on or after January 1, 2023, subject to three statutory exclusions. An older policy is not an automatic yes; its dates, terms, and applicable law still matter.
- A harder path through some property-insurance lawsuits. SB 2-A removed the former one-way attorney-fee entitlement for covered admitted and surplus-lines property suits and tightened the prerequisite for specified property bad-faith actions. HB 837 changed the surrounding law again in March 2023, so “fees were eliminated” and “bad faith was eliminated” are both too broad.
Where the Laws Expand Policyholder Rights and Protections
These provisions imposed clearer or faster duties on insurers. For a policyholder, that creates leverage in the process; payment and any private lawsuit still depend on the separate rules below.
Stricter Deadlines for Insurance Companies to Process Claims
Section 627.70131, Florida Statutes, sets several clocks for residential property insurers. SB 2-A shortened those clocks effective March 1, 2023. The 60-day payment-or-denial provision has a broader definition that also includes certain commercial property and tenant-contents insurance claims involving premises of 10,000 square feet or less.
The trigger matters as much as the number. A communication, proof-of-loss statement, generated estimate, and notice of loss do not start the same clock.
| Action Required of Insurance Company | Earlier Rule | SB 2-A Rule Effective March 1, 2023 | Scope and Important Limits |
|---|---|---|---|
| Acknowledge receipt of a policyholder communication | 14 calendar days after receiving the communication | 7 calendar days after receiving the communication | Applies to: Residential property insurance claimsDuty may change with: payment, factors beyond the insurer's control, and represented-claimant rules |
| Begin investigating the insurance claim | 14 days after receiving proof-of-loss statements | 7 days after receiving proof-of-loss statements | Applies to: Residential property insurance claimsDuty may change with: the policy, other law, or factors beyond the insurer's control |
| Conduct a physical inspection | A 45-day rule applied only during the SB 2-D transition from January 1 through February 28, 2023 | 30 days after receiving proof-of-loss statements | Applies to: Residential property insurance claimsTiming may change with: OIR orders |
| Send a detailed estimate generated by the insurer's adjuster | During the same SB 2-D transition, delivery was due by the later of 7 days after a request or 7 days after completion | Send a copy within 7 days after generating the estimate | Applies to: Residential property insurance claimsLimit: The law does not require the insurer to create an estimate when one is not reasonably necessary |
| Pay or deny all or part of an insurance claim and explain a denial in writing | 90 days after notice of an initial, reopened, or supplemental insurance claim | 60 days after notice of an initial, reopened, or supplemental insurance claim | Applies to: Residential property insurance claims plus specified commercial claimsTiming may change with: exceptions, tolling, and an OIR additional-time order |
Comparison of earlier insurer deadlines and the SB 2-A rules effective March 1, 2023. Scope and qualifications appear in each row.
The “earlier rule” was not one uniform moment for every row. The 45-day inspection and request-based estimate duties came from SB 2-D and lasted only during January and February 2023 before SB 2-A replaced them.
The 60-day rule remains in the 2025 statute. But the Legislature later clarified that SB 2-A could not impair rights under contracts already in effect and that contract-affecting provisions apply to policies issued or renewed after the relevant effective date. That means March 1, 2023, is the historical starting point for the new text—not a universal answer for every older policy, loss, or insurance claim.
Missing the 60-day pay-or-deny deadline can still matter. Subsection (7) includes written-explanation and interest provisions, and OIR can enforce the Insurance Code. But subsection (7) also says a violation does not, by itself, create a private cause of action.
Added Documentation Requirements for Insurers
SB 2-A made two documentation duties more concrete, and both remain in the 2025 version of section 627.70131: sending a detailed estimate that an insurer's adjuster generates and maintaining dated records of major events in the insurance claim.
If the adjuster generates a detailed estimate, the insurer must send the policyholder a copy within seven days. The distinction is easy to miss: the duty is to send an estimate after it is generated. The statute does not require the insurer to create one when an estimate is not reasonably necessary.
The law also requires an adjuster communication log and records that capture seven categories. Paraphrased from section 627.70131(4), the insurer must document:
- Insurance-claim communications between the insurer and the policyholder or the policyholder's representative.
- Receipt of the policyholder's proof of loss.
- Information requests the insurer makes to the policyholder or representative.
- Physical and electronic inspections of the property.
- Detailed loss estimates generated by the insurer's adjuster.
- The beginning and end of periods when a statutory tolling rule pauses a deadline.
- Payment or denial of the insurance claim.
Its scope is narrower than an automatic statutory right to receive the insurer's entire insurance-claim file. This provision tells the insurer what it must maintain; any access right has to come from somewhere else.
Recheck the live statute before relying on either duty.
Encouraging Electronic Means of Claims Processing
The 2025 version of section 627.70131 authorizes insurers to use electronic methods to investigate an insurance claim. It names photographs, video recordings, videoconferencing, drones, and other remote machines as examples, and it permits the policyholder to help use those methods.
Insurers may use those methods and still assign a licensed adjuster to perform a physical inspection.
When Insurer Deadlines Can Move
SB 2-A narrowed and defined the circumstances that can affect these deadlines.
The current statute's “factors beyond the control of the insurer” definition has two branches. The first covers specified OIR orders involving a declared emergency, a reportable security breach, or an information-technology problem. The second covers fraud, noncooperation, or intentional misrepresentation by the policyholder or representative when that conduct reasonably prevents the insurer from meeting the deadline.
The subsection (7) pay-or-deny periods can be tolled during mediation or another contractual alternative dispute resolution process. Those periods can also be tolled while an insurer waits for a qualifying delayed response to a timely request for material information.
The old, short-lived 45-day inspection rule excluded insurance claims subject to a hurricane deductible. SB 2-A removed that automatic carveout when it created the 30-day inspection rule. A hurricane may still affect timing when a qualifying OIR order provides additional time in specified places and circumstances. The express 30-additional-day cap in this section applies to the pay-or-deny period, not automatically to every insurer deadline.
If an insurer points to a storm-related extension, ask for the exact OIR order and check the locations, companies, duties, and dates it actually covers.
Requirements for Mandatory Arbitration
Arbitration, mediation, and appraisal are three different processes.
Florida's statutory property-insurance mediation program is generally a nonbinding settlement process. Appraisal is a process under the policy for estimating or evaluating the amount of loss. Arbitration sends a dispute to an arbitrator for an award rather than to a judge or jury for a trial.
SB 2-A created section 627.70154, which permits a residential property policy to require binding arbitration only when five conditions are met. All five remain in the 2025 statute. Paraphrased, the law requires:
- A separate mandatory-binding-arbitration endorsement attached to the policy.
- An actuarially sound premium discount or credit for accepting the endorsement.
- A signed election form explaining the rights the policyholder gives up, including the right to a jury trial.
- Completion of the section 627.7015 mediation process before arbitration begins.
- An offer of a policy that does not require mandatory binding arbitration.
A mandatory-arbitration endorsement is supposed to be a separate, disclosed tradeoff—not a sentence buried somewhere in the policy with nothing offered in return.
OIR's January 2025 residential-property forms checklist repeats all five conditions. The policy language still controls whether a particular dispute goes to arbitration.
Where the Laws Limit Policyholder Rights
These provisions affect different choices at different stages of an insurance claim or dispute. The effect on any one person still depends on the policy, dates, and kind of action involved.
Shorter Period to File Insurance Claims
SB 2-A shortened the base notice window for a new or reopened property insurance claim from two years after the date of loss to one year. It shortened the base window for a supplemental claim from three years to 18 months. Those figures remain in section 627.70132.
Application can turn on contract timing, later tolling, and the type of coverage involved.
Chapter 2023-172 clarified that SB 2-A could not impair rights under a contract already in effect and tied contract-affecting provisions to policies issued or renewed after the applicable effective date. Later laws also added tolling for a qualifying servicemember and a separate notice rule for loss-assessment coverage. That is why this article cannot tell you that a particular hurricane, policy, or insurance claim automatically received the one-year rule.
If you are trying to report, reopen, or supplement an insurance claim, treat the policy issue or renewal date, date of loss, and type of notice as separate facts. Do not count forward from one date and assume you are done. Our property insurance claim guide explains the broader process, but a date-specific legal question needs a current answer based on your policy.
Bad Faith Claims Limited
SB 2-A made the prerequisite for a specified property-insurance bad-faith action more demanding. Under section 624.1551, an adverse court adjudication—a court ruling that the insurer breached the policy—and a final judgment or decree must come before the policyholder brings the specified action for extracontractual damages, meaning damages beyond the policy's contractual benefits.
An accepted offer of judgment and the insurer's payment of an appraisal award fall outside that definition of adverse adjudication. A gap between the insurer appraiser's estimate and the appraisal award may be evidence, but the gap alone does not satisfy the prerequisite or create a cause of action.
HB 837 amended Florida's broader bad-faith statute in March 2023, and contract-date rules can affect application. The accurate takeaway is narrower: SB 2-A raised a specific threshold, and later law changed the surrounding landscape again.
Plaintiff Attorney's Fees Limited
For decades, Florida's one-way attorney-fee statutes generally allowed an insured who prevailed in covered litigation to recover fees from the insurer. SB 2-A removed that former entitlement for residential and commercial property suits under both the admitted-insurer and surplus-lines statutes. Admitted insurers hold Florida authorization; surplus-lines coverage is placed with eligible insurers outside that admitted market.
That change was generally effective when SB 2-A became law on December 16, 2022—not January 1, 2023—subject to the later clarification protecting rights under contracts already in effect. Then HB 837 repealed both general fee statutes on March 24, 2023, with its own application provisions.
Narrower, context-dependent fee routes remain in matters involving sanctions, offers of judgment, specified bad-faith actions, contractual language, or other legal grounds. The former automatic one-way path disappeared; any remaining award depends on its own legal ground.
No More Assignments of Benefits for Covered New Policies
An “assignment of benefits,” or AOB, is an agreement that transfers specified post-loss insurance benefits to another person or company, often a contractor performing repairs. SB 2-A created a sharp policy-date boundary for the residential and commercial property policies covered by section 627.7152. That boundary remains in the 2025 statute.
For those policies, an attempted post-loss assignment is void if the policy was issued on or after January 1, 2023. The statute excludes three categories from that prohibition: a transfer to a later purchaser with an insurable interest after the loss, specified powers of attorney, and liability-coverage assignments.
An older policy requires its own validity analysis. The statute's detailed assignment-agreement rules identify policies issued from July 1, 2019, through December 31, 2022, and other policy or legal issues may control an earlier arrangement. This article can identify the boundary; it cannot decide whether a particular AOB is enforceable.
For the detailed handoff, see our assignment of benefits explainer, AOB Guide for Florida Contractors, and AOB Guide for Florida Property Owners.
What Else Did SB 2-A Change?
Insurance-claim rules were only part of the package. SB 2-A also changed Citizens eligibility and introduced a phased flood-insurance condition, created the Florida Optional Reinsurance Assistance program, and expanded specified OIR oversight and appraisal-related authority.
Citizens has been amended repeatedly, including in 2026, and its flood condition varies by date, property value, flood zone, and policy form. The Legislature repealed the FORA program on June 30, 2025. Regulator authority operates separately from an individual policyholder's private remedy.
Those dates belong beside any list of what SB 2-A “did.”
Start with the provision and its dates. Identify the policy and insurance-claim dates, then check what happened to the law afterward.
