What is the new roof law in florida

What is the new roof law in florida

Old roof

There is new laws coming into effect July 1st 2022, included in those is some changes to insurance rules in Florida. An insurer may not refuse to issue or refuse to renew a homeowner’s policy insuring a residential structure with a roof that is less than 15 years old solely because of the age of the roof. For a roof that is at least 15 years old, an insurer must allow a homeowner to have a roof
inspection performed by an authorized inspector at the homeowner’s expense before requiring the replacement of the roof of a residential structure as a condition of issuing or renewing a homeowner’s insurance policy.
The insurer may not refuse to issue or refuse to renew a homeowner’s insurance policy solely because of roof age if an inspection of the roof of the residential structure performed by an authorized inspector indicates that the roof has 5 years or more of useful life remaining.
A roof’s age shall be calculated using the last date on which 100 percent of the roof’s surface area was built or replaced in accordance with the building code in effect at that time or the initial date of a partial roof replacement when subsequent partial roof builds or
replacements were completed that resulted in 100 percent of the roof’s surface area being built or replaced.

Allows property insurers to include in the policy a separate roof deductible of up to two percent of the Coverage A limit of the policy or 50 percent of the cost to replace the roof. The policyholder must also be offered the option to decline the roof deductible by signing a form approved by OIR.
The roof deductible does not apply to a total loss to a primary structure in accordance with the valued policy law which is caused by a covered peril, roof loss resulting from a hurricane, roof loss resulting from a tree fall or other hazard that damages the roof and
punctures the roof deck or roof loss requiring the repair of less than 50 percent of the roof. Changes part of the state law that enacts and governs Florida’s Building Code and changes the amount of a roof that must be brought up to current codes in the event of damage and repair. If 25 percent or more of a roof is damaged, then only the repaired part of the roof must be constructed pursuant to the current code. Roofers will no longer have to bring the entire roof up to code when making event-significant repairs.
Prohibits contractors from making written or electronic communications that encourage or induce a consumer to contact a contractor or public adjuster for the purposes of making a property insurance claim for roof damage unless the solicitation provides notice that the consumer is responsible for the payment of any deductible, it is insurance fraud punishable as a third-degree felony for a contractor to pay or waive an insurance deductible and it is insurance fraud punishable as a third-degree felony to intentionally file an insurance claim containing false, fraudulent, or misleading information.

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The News4JAX I-TEAM found Florida homeowners' insurance is skyrocketing because of roof repair claims. (WJXT)

ORLANDO, Fla. – Legislation proposed by Florida lawmakers for an upcoming special session to reform the state's property insurance market would create a $2 billion reinsurance fund and prohibit insurers from automatically denying coverage to homeowners' with older roofs.

Four bills filed late Friday in the state House and Senate would create a new fund in which insurers can purchase insurance to help insulate them from risk. The bills also would allow homeowners with roofs 15 years or older to get an inspection of their condition before insurers deny them coverage. If an inspection shows that a roof has at least five years of life remaining, insurers can't refuse to issue a policy only based on the roof's age under the proposed legislation.

If a roof is more than 25% damaged but already complies with the state's 2007 building code, it would only have to be repaired instead of replaced under an exemption to the building code that the proposed legislation creates. One of the measures also would provide grants worth up to $10,000 each to retrofit homes so they are less vulnerable to hurricane damage. To qualify, properties would have to have insured values of $500,000 or less, be homesteaded, constructed before 2008 and located in areas where wind speeds from storms can exceed 140 miles per hour (225 kilometers per hours). Homeowners would get $2 from the state for every $1 they invested in mitigation efforts.

Under the proposals, some insurers would be required to get coverage from the new Reinsurance to Assist Policyholders program operated by the State Board of Administration.

In a proclamation calling lawmakers back to Tallahassee in the upcoming week, Republican Gov. Ron DeSantis highlighted several issues that have contributed to rising insurance rates in the state, including high rates of insurance litigation that drive up premiums and massive underwriting losses for insurance companies that have resulted in insolvency or canceled policies, among other things.

Florida Chief Financial Officer Jimmy Patronis, said in an interview that the state last year accounted for 9% of all claims filed nationally but nearly 80% of all the property insurance lawsuits.

The bills would allow for more state oversight so regulators can spot trends, analyze reasons and try to prevent the future failure of insurers. They also would limit attorney fee awards in court cases involving insurance claims assigned to third-party contractors and ban attorneys' fees from being transferred in property insurance litigation.

Under the proposals, insurers can require a separate roof deductible as long as it doesn't exceed 2% of the dwelling limits in the policy or half of the roof replacement costs. Policyholders must be able to opt-out of that, if they want, according to the bill.

Copyright 2022 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed without permission.


Do you have to replace your roof every 15 years in Florida?

The money the seller paid for that roof may be warrantied for 30 years in northern states, but here in Florida that 30 Year Shingle Roof still must be replaced by the 15-year mark!

Can you insure a 25 year old roof in Florida?

For example, new laws prohibit companies from refusing to write or renew policies on homes with roofs that are more than 15 years old solely because of the roof's age. They must allow the homeowner to get an inspection to prove a roof has five years or more of useful life.

Can I get homeowners insurance with an old roof in Florida?

And for roofs that are older than 15 years, insurers would have to allow homeowners to have an inspection on the roof's condition before refusing coverage. If the inspection shows the roof has five or more years of useful life left, the insurance company could not reject coverage simply because of age.”

What is the new insurance law in Florida?

Ron DeSantis has signed into a law sweeping property insurance legislation that creates a $2 billion reinsurance fund and rewrites rules on coverage denials and attorney fees in a move to stabilize rising costs and insurer losses. May 26, 2022, at 6:47 p.m.