Florida property claim deadlines: notice, response, suit
Published
Florida law sets several separate clocks on a property claim. Under s. 627.70132, notice to the insurer is due within 1 year after the date of loss for an initial or reopened claim and within 18 months for a supplemental claim, and under s. 95.11(2)(e) an action for breach of a property insurance contract has a five-year period that runs from the date of loss. The policy, the date of loss and the version of the statute that applies can change these dates.
Not legal advice. This article is not legal advice about any specific claim. Deadlines depend on the policy, the date of loss and the current statute, and exceptions exist. Florida statutes were last checked against the 2026 Florida Statutes on November 4, 2026. Check the current text or ask a licensed Florida attorney before relying on anything here.
How long does a policyholder have to give notice of a claim?
Section 627.70132(2) says a claim or reopened claim is barred unless notice was given to the insurer, in accordance with the terms of the policy, within 1 year after the date of loss. A supplemental claim is barred unless notice was given within 18 months after the date of loss.
The statute defines a reopened claim as a closed claim reopened at the insured's request for additional costs for loss or damage already disclosed to the insurer. A supplemental claim is a claim for additional loss or damage from the same peril that the insurer already adjusted, or for costs incurred while completing repairs under an open claim for which timely notice was given.
The periods are tolled during a deployment to a combat zone or combat support posting that materially affects a named insured servicemember's ability to file.
What is the date of loss for a hurricane or storm?
For a hurricane, s. 627.70132(3) defines the date of loss as the date the hurricane made landfall. For a tornado, windstorm, severe rain or other weather-related event, it is the date the event is verified by the National Oceanic and Atmospheric Administration.
The notice periods run from that date, so the date used on a claim file matters.
When is a proof of loss due?
Section 627.70131 does not set a deadline for the insured to send a proof of loss. It uses the date the insurer receives proof-of-loss statements to start the investigation and inspection periods, and it requires the insurer to record that date.
The due date comes from the policy. One industry article describes the ISO homeowners forms (2011 editions) as calling for a signed, sworn proof of loss within 60 days after the insurer's request, and notes that older forms ran from the loss instead. Many Florida insurers use their own forms, so the policy's own terms control. The policy's duties-after-loss section is the place to check.
What deadlines apply to the insurer?
Section 627.70131 applies to residential property insurers, and subsection (7) also covers some commercial property claims, such as structure or contents coverage for a building of 10,000 square feet or less. The statute provides the following.
- Acknowledge a claim communication within 7 calendar days, unless payment is made in that period or factors beyond the insurer's control prevent it.
- Begin any investigation reasonably necessary within 7 days after receiving proof-of-loss statements.
- Conduct any physical inspection within 30 days after receiving proof-of-loss statements.
- Send the policyholder a copy of any detailed estimate within 7 days after the insurer's adjuster generates it.
- Pay or deny the claim, or a portion of it, within 60 days after receiving notice of an initial, reopened or supplemental claim, unless factors beyond its control prevent it.
Can those insurer deadlines be extended?
Yes. Section 627.70131(5) lists factors beyond the insurer's control, including an Office of Insurance Regulation order tied to a gubernatorial state of emergency, a reportable security breach or an information technology issue. The office may not extend the payment period by more than 30 additional days. Policyholder fraud, lack of cooperation or intentional misrepresentation can also qualify.
Subsection (8) tolls the requirements during a mediation under s. 627.7015 or a contractual alternative dispute resolution proceeding. It also tolls them if the policyholder or a representative does not provide material information the insurer requested within 10 days, for requests sent at least 15 days before the pay-or-deny date.
Separately, s. 627.70131(1)(c) says the 7-day acknowledgment rule does not apply to claimants represented by counsel, beyond providing forms and instructions.
What happens if the insurer pays late?
Under s. 627.70131(7)(a), a payment made more than 60 days after notice, or after any extended period under an Office of Insurance Regulation order, bears interest at the s. 55.03 rate. Interest runs from the date the insurer received notice, and the policy cannot waive it.
The statute also says failure to comply is a violation of the Insurance Code but does not form the sole basis for a private cause of action.
How long does a policyholder have to sue?
Section 95.11(2)(e) covers an action for breach of a property insurance contract and says the five-year period runs from the date of loss. Section 627.70132(5) says the notice section does not affect the s. 95.11 limits for claims timely filed under it.
Policy terms and other rules can also matter, so an attorney is the right person to confirm a suit date.
What must happen before a suit is filed?
Section 627.70152 applies to suits under residential or commercial property policies. As a condition precedent to suit, the claimant must give the Department of Financial Services written notice of intent to initiate litigation, on the department's form, at least 10 business days before filing. It cannot be given before the insurer has made a coverage determination under s. 627.70131.
The insurer must respond in writing within 10 business days. A court must dismiss without prejudice a suit filed without the required notice or before the response period ends.
Separately, s. 627.7015 offers mediation for disputed claims under personal lines and commercial residential policies. The insurer bears the cost of the mediation conference, and mediation is nonbinding unless a written settlement is reached.
What changed in the 2022 and 2023 laws?
The Legislature's 2022 special session bill SB 2-A became chapter 2022-271. The enrolled bill and statute histories show the following changes relevant to property claims.
- Section 627.7152(13) now bars a policyholder from assigning post-loss benefits under residential or commercial property policies issued on or after January 1, 2023, and says an attempt is void, invalid and unenforceable.
- SB 2-A amended s. 627.428 to remove the right to attorney fees for judgments against insurers in suits under residential and commercial property policies. HB 837 (chapter 2023-15) then repealed s. 627.428 and s. 626.9373. New s. 86.121 on fees in coverage declaratory actions does not apply to actions under residential or commercial property policies.
- Sections 627.70131 and 627.70132 were amended in 2022, and the s. 627.70132 history lists further amendments in 2023 and 2024. Earlier versions may govern older losses, and a Florida attorney can say which version applies.
What does s. 626.854 say about public adjusters?
Section 626.854 is the public adjuster statute. It says a public adjuster may not give legal advice, and it states a legislative purpose of preventing the unauthorized practice of law.
Among its other rules, which by their terms apply to residential property and condominium unit owner policies (s. 626.854(19)), an insured can cancel the contract without penalty within 10 days after it is executed, or within 30 days after the date of loss if that is longer for a loss tied to a governor-declared emergency. The section also caps fees (10 percent for claims based on a declared emergency made during the year after the declaration, 20 percent otherwise, with additional limits), requires a written itemized estimate within 60 days after the contract, and requires the adjuster to keep that estimate for at least 5 years. Read the section itself for the full text.
How do adjusters track these dates?
A claim file typically records the date of loss, notice date, proof-of-loss date, the insurer's response dates, any tolling and the suit period, along with the source of each date. ClaimCompass is a claims CRM built for public adjusters.
Is this legal advice?
This article is general information, not legal advice. Laws and policies change, and your deadlines depend on your policy, your date of loss and the current statute. Check the current Florida Statutes or talk to a licensed Florida attorney before relying on anything here. Last reviewed November 4, 2026.
Frequently asked questions
- What is the deadline to report a property claim in Florida?
- Under s. 627.70132, notice of a claim or reopened claim is due within 1 year after the date of loss, and notice of a supplemental claim within 18 months. Check the policy and current statute.
- How long does a Florida insurer have to pay or deny a property claim?
- Under s. 627.70131(7), within 60 days after receiving notice of an initial, reopened or supplemental claim, unless factors beyond its control prevent it. Late payments bear interest.
- How long is the suit period for a property insurance contract in Florida?
- Section 95.11(2)(e) provides five years for an action for breach of a property insurance contract, running from the date of loss. Confirm any date with a Florida attorney.
- Can a policyholder assign benefits to a contractor in Florida?
- Section 627.7152(13) bars assigning post-loss benefits under residential or commercial property policies issued on or after January 1, 2023.
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Sources
- Fla. Stat. s. 627.70132, Notice of property insurance claim
- Fla. Stat. s. 627.70131, Insurer's duty to acknowledge communications regarding claims; investigation
- Fla. Stat. s. 95.11, Limitations other than for the recovery of real property
- Fla. Stat. s. 627.70152, Suits arising under a property insurance policy
- Fla. Stat. s. 627.7015, Alternative procedure for resolution of disputed property insurance claims
- Fla. Stat. s. 627.7152, Assignment agreements
- Fla. Stat. s. 626.854, Public adjuster defined; prohibitions
- Fla. Stat. s. 86.121, Attorney fees; actions for declaratory relief to determine insurance coverage
- Florida Senate, SB 2-A (2022 special session), enrolled bill
- Florida Senate, CS/CS/HB 837 (2023), enrolled bill
- ISO homeowners Section I conditions (2011 ed.), as described by PropertyCasualty360