Senate Bill 76 Is Signed Into Law
Governor DeSantis signed Senate Bill 76 into law on June 11, 2021. This Bill having been signed into law, paves the way for additional reform efforts to continue in Florida’s homeowners insurance market, as much work remains to be done. A summary of the changes Florida residents can expect to see from this legislation include:
Roofing contractors or others acting on their behalf are prohibited from soliciting claims (via phone calls, documents, or electronic communications). Doing so may incur a $10,000 fine for each violation.
All claims are to be reported within two years of the date of loss, not three years, with an additional year allowed for supplemental claims.
- No "one-way attorney fee-statute"
Attorney fees and costs will be contingent on obtaining a judgment for indemnity, which exceeds the pre-suit offer made by the carrier.
Plaintiff attorney to file a pre-suit demand at least 10 days prior to filing a lawsuit with an estimate of all attorney fees and costs and amounts in dispute. It also allows the carrier to request meditation/alternative dispute resolution.
With 76% of the insurance lawsuits filed nationwide coming from Florida, but only 8% of the payouts going to Florida homeowners, we believe this law is the first step in combating the rampant abuse of our justice system, preying our residents, and a step in the right direction to stabilize the insurance marketplace.