Property Insurance Reforms in Florida: What NY Movers Need to Know

Recent changes to litigation, roof claims, and assignment-of-benefits—and what that means for premiums vs. NY

Florida’s property-insurance market has changed fast over the last few years. Lawmakers targeted lawsuit volume, roof-claim abuse, and third-party assignment-of-benefits (AOB)—and those reforms meaningfully affect how claims get handled, what your policy covers, and ultimately what you pay. Here’s a plain-English guide for New Yorkers considering a move.

The headline reforms (in simple terms)

1) One-way attorney fees eliminated for property cases

In late 2022, Florida repealed the one-way attorney fee rules that long encouraged suing your insurer (if you won any amount, the insurer owed your legal fees). Laws now lean on standard offer-of-judgment rules instead. That shift is intended to curb litigation volume and defense costs. The Florida Senate+1

2) Assignment-of-Benefits (AOB) effectively banished in property policies

After years of AOB abuse (contractors taking over a claim, then suing the carrier), the Legislature first restricted AOBs in 2019—and then, in the 2022 special session, effectively prohibited AOBs for new property policies. Translation: the claim stays between you and your insurer, which limits “middle-man” litigation. Florida Governor's Office+2The Florida Senate+2

3) Roof-claim and solicitation crackdowns

Earlier reforms tightened claim deadlines, pre-suit notice, and restricted roof-solicitation tactics (e.g., flyers promising free roofs). The goal: discourage inflated or fraudulent roof claims that were driving up loss costs statewide. WSHB Law+2MyFloridaLicense+2

4) Stabilizing measures for insurers (so the market can write policies)

Lawmakers also created a Reinsurance to Assist Policyholders (RAP) fund and adjusted claim-handling timelines to keep carriers solvent and writing business after tough storm seasons. Carlton Fields+1

What this means for a Florida homeowner (or soon-to-be)

• Fewer lawsuits / tougher fee recovery → carriers’ legal costs should moderate, but policyholders and contractors have less leverage to litigate. Expect more emphasis on documentation and timely notice. The Florida Senate

• No AOB for property → you’ll likely sign work authorizations, not benefit assignments. Keep control of your claim—and choose licensed contractors carefully. The Florida Bar

• Roof claims → solicitation restrictions and clearer claim timelines mean more scrutiny. Photograph pre-loss condition, keep maintenance records, and review roof deductibles or coverage sub-limits with your agent. MyFloridaLicense

Will reforms lower premiums? A realistic expectation

Florida remains the most expensive homeowners-insurance state due to hurricane risk, reinsurance pricing, and past loss trends. Recent estimates put the average annual premium around $7,136, versus a national average near ~$2,500. By comparison, New York’s average sits far lower—roughly $1,800 (estimates vary by methodology and coverage). So yes, even after reforms, Florida premiums are typically several times NY’s. Insurance.com+2Insurance.com+2

Reforms aim to bend the curve over time—fewer lawsuits, clearer rules, more carrier participation—not to erase Florida’s catastrophe exposure. Expect further volatility tied to reinsurance and storm activity. Reuters

Practical steps if you’re moving from NY to FL

1. Shop early, shop wide
   Get quotes before you close. Ask independent agents to compare admitted carriers and E&S (surplus lines) options if needed.

2. Dial in the wind/hurricane piece
   Understand your wind/hurricane deductible (often a % of dwelling limit). Ask about optional endorsements (ordinance & law, screen enclosures, water backup).

3. Ask about roof age & shape
   Premiums and eligibility hinge on roof type/age. Hip roofs, newer roofs, and verified mitigation (straps, clips, secondary water barrier) can materially reduce cost.

4. Keep paper trails for claims
   Post-reform, documentation matters more than ever: photos, videos, invoices, maintenance logs—and prompt notice to your carrier after any loss. The Florida Senate

5. Consider location trade-offs
   Homes farther inland, higher elevation, and outside flood-prone zones may cost significantly less to insure than coastal properties.

For investors & snowbirds: underwriting tips

• Condo buyers: Review the master policy, wind deductibles, reserve studies, and any special assessments post-2022 condo-law changes (separate from this article’s focus, but critical for cost).

• Short-term rentals: Be sure your policy permits STR use—and price the premium accordingly.

• Renovations: Keep contracts clean; avoid any vendor who pushes “free roof” pitches or asks you to sign away claim benefits. Florida Realtors

Bottom line

Florida’s reforms reduced lawsuit incentives, curbed AOB, and tightened roof-claim rules—changes meant to stabilize a storm-exposed market. Premiums are still higher than New York’s, but smart shopping, mitigation credits, roof diligence, and location choices can meaningfully improve your number.

Want a Florida insurance reality-check tailored to your target neighborhood and home type? I’ll connect you with trusted agents, model true monthly (mortgage + insurance + HOA + utilities), and flag risk trade-offs before you buy.

Fernanda Stucken — Tampa Bay Realtor
📧 contact@fernandastucken.com | 📞 (347) 216-6620

This article is educational, not legal/insurance advice. Always consult a licensed Florida insurance agent about your specific coverage.