How long do I have to file a hurricane insurance claim in Florida?

Under Florida Statute 627.70132, notice of a new or reopened claim must be given within one year after the date of loss, and a supplemental claim within 18 months. For a hurricane, the date of loss is the date of landfall.

Can I make emergency repairs before the adjuster comes?

Generally, yes, and your policy likely expects you to take reasonable steps to prevent further damage, such as tarping the roof and boarding openings. Photograph the damage first and keep all receipts and damaged materials.

Can a contractor waive my insurance deductible?

No. Florida Statute 489.147 prohibits contractors from offering a deductible waiver, rebate, gift card or cash in exchange for a roof inspection or for making a roof damage claim.

Can I sign my insurance benefits over to a contractor?

Not for residential property policies issued on or after January 1, 2023. Florida law makes any attempt to assign post-loss benefits under those policies void and unenforceable.

Does my whole roof have to be replaced if part of it is damaged?

Not always. The building code generally requires bringing the roof covering up to code when more than 25 percent is repaired within 12 months, but a state law exception limits the requirement to the repaired portion for roofs built or replaced under the 2007 Florida Building Code or later. Permit records show which applies.

After a Storm in Florida: Emergency Repairs, Insurance Claim Deadlines and Roof Rules

The short answer

After storm damage in Florida, protect the house from further damage right away, document everything before cleanup, and report the claim to your insurer. Florida law bars a new or reopened property claim not reported within one year of the date of loss, and a supplemental claim not reported within 18 months; for a hurricane, the date of loss is landfall. Permanent repairs need permits, roof repairs follow Florida's 25 percent rules, and contractors may not offer deductible waivers or gifts for a roof claim, interpret your policy or adjust the claim for you.

The days after a storm are when homeowners make the decisions that shape the next six months: who to call, what to sign, what to throw away. Most of the expensive mistakes we see happen in that first week, usually because someone was in a hurry and a contractor at the door seemed like the fastest way out.

This is a practical guide to that week and the repairs that follow, written from the contractor's side. It is not legal or insurance advice; for coverage questions, talk to your agent, your insurer or a licensed public adjuster.

The first 48 hours

Stay safe. Stay away from downed lines, and do not go into rooms with sagging ceilings or standing water near outlets.
Document before you touch anything. Take photos and video of every damaged area, outside and in, including the roof from the ground, ceilings, floors, windows and belongings. Date and keep everything.
Prevent more damage. Tarp the roof, board broken openings and stop active water. Most policies expect you to take reasonable steps to protect the property, and small emergency repairs like these generally do not wait for a permit.
Keep receipts and damaged materials. Save receipts for tarps, boards, fans and any emergency work. Keep samples of damaged roofing or flooring until the adjuster has seen them.
Report the claim. Call your insurer or agent and write down the claim number and the name of everyone you speak with.

Florida's claim deadlines

Notice deadlines under Florida Statute 627.70132
Type of claim	Deadline to give notice	Counted from
New claim	1 year	Date of loss
Reopened claim	1 year	Date of loss
Supplemental claim (more damage found later)	18 months	Date of loss

For a hurricane, the date of loss is the date of landfall. Your policy may have its own timing requirements too.

One year sounds like plenty, but hidden damage takes time to show up: a slow roof leak, wet insulation, stained drywall weeks later. Report early, and if you find more damage, report it as soon as you do.

Roof repairs and the 25 percent rules

Whether a damaged roof can be patched or has to be replaced is one of the biggest questions after a storm, and Florida has two rules that interact.

The code rule. Under the current Florida Building Code, when more than 25 percent of a roof is repaired, replaced or recovered within 12 months, the roof covering generally has to be brought up to current code, not just the damaged part.
The state law exception. Since 2022, Florida Statute 553.844 says that if the existing roof was built, repaired or replaced under the 2007 Florida Building Code or later, only the portion being repaired has to meet current code, even when it is 25 percent or more.
Permit records decide it. The roof permit date is how you prove which code the roof was built under. Pull it before the adjuster's inspection if you can.

How these rules apply can depend on your jurisdiction and roof type, so ask your roofing contractor to explain how they read them for your house, in writing.

What Florida law says about contractors after a storm

Storms bring out door-knockers, and Florida has tightened the rules on what contractors can do around insurance claims:

No incentives for roof claims. A contractor may not offer you a rebate, gift card, cash or a waiver of your deductible in exchange for a roof inspection or for making a roof damage claim.
No playing adjuster. A contractor may not interpret your policy, advise you on coverage or adjust the claim on your behalf. Only a licensed public adjuster can do that for you.
Written, itemized estimates. A contractor may not hand you a repair agreement without a good-faith, itemized and detailed estimate.
Roof contracts must include a notice about these rules. If it is missing, you can cancel the contract within 10 days of signing.
No assignment of benefits. For residential policies issued on or after January 1, 2023, you cannot assign your post-loss insurance benefits to a contractor. A contract that tries to do so is void.

Permits for permanent repairs

Emergency protection comes first, but permanent repairs to the roof, structure, windows, doors, electrical and plumbing still need permits. Building departments know that after a storm, and many have emergency procedures. The City of Miami, for example, does not charge its extra fee for emergency work that cannot wait, as long as the permit is obtained within three business days. Ask your building department what applies.

Permitted repairs matter later, too. Your next wind mitigation inspection, insurance renewal and sale will all ask for permit records, and repairs done with current products can earn better insurance credits than what was there before. Our post on wind mitigation inspections explains how.

The bottom line

Protect the house, document everything, report early and do not let urgency push you into a contract you have not read. We handle structural and concrete repairs, impact windows and doors and whole-home renovation after storm damage across Miami-Dade, Broward and Palm Beach, with permits and itemized estimates. Contact us when you are ready to plan the permanent repairs.

Quick questions

How long do I have to file a hurricane insurance claim in Florida?: Under Florida Statute 627.70132, notice of a new or reopened claim must be given within one year after the date of loss, and a supplemental claim within 18 months. For a hurricane, the date of loss is the date of landfall.
Can I make emergency repairs before the adjuster comes?: Generally, yes, and your policy likely expects you to take reasonable steps to prevent further damage, such as tarping the roof and boarding openings. Photograph the damage first and keep all receipts and damaged materials.
Can a contractor waive my insurance deductible?: No. Florida Statute 489.147 prohibits contractors from offering a deductible waiver, rebate, gift card or cash in exchange for a roof inspection or for making a roof damage claim.
Can I sign my insurance benefits over to a contractor?: Not for residential property policies issued on or after January 1, 2023. Florida law makes any attempt to assign post-loss benefits under those policies void and unenforceable.
Does my whole roof have to be replaced if part of it is damaged?: Not always. The building code generally requires bringing the roof covering up to code when more than 25 percent is repaired within 12 months, but a state law exception limits the requirement to the repaired portion for roofs built or replaced under the 2007 Florida Building Code or later. Permit records show which applies.

Sources

This article is general information, not legal advice. Building departments in Miami-Dade, Broward and Palm Beach counties set their own procedures, so confirm the requirements for your property with your local building department.

Scott Rosenberg

Florida Certified General Contractor, CGC1541479

Scott qualifies Rosemont Ventures Group LLC and has worked in general contracting since 1998. He writes Building Blocks to answer the questions South Florida owners ask before they build. Verify the license.