Florida home insurance cancellation and non-renewal laws

Notice of non-renewal

Florida's published rule requires written notice of non-renewal at least 120 days before it takes effect, and the notice must include the reason. Shorter periods apply in a few listed situations, such as a plan approved by the Office of Insurance Regulation (45 days) or a policy that covers both a home and a vehicle (90 days).

• The notice must include the reason for the nonrenewal (§ 627.4133(2)(b); § 627.4091(2)).
• Policy covering both a home and a motor vehicle: 90 days (§ 627.4133(2)(b)7).
• Office of Insurance Regulation–approved early cancellation/nonrenewal plan: 45 days (§ 627.4133(2)(b)6).
• Citizens nonrenewal where the policy was assumed by an authorized insurer offering replacement coverage: 45 days (§ 627.4133(2)(b)5).

Notice of cancellation

Florida's published rule requires written notice of cancellation at least 120 days before it takes effect once a policy has been in force for 60 days, with the reason stated. During the first 60 days the period is 20 days. Nonpayment has a separate 10-day rule.

• After 60 days, cancellation is limited to material misstatement, nonpayment, failure to meet underwriting requirements within 60 days of coverage, a substantial change in risk, or cancellation of a whole class of insureds.
• Within the first 60 days: 20 days, and no minimum is stated for material misstatement or failure to meet underwriting requirements (§ 627.4133(2)(b)2).
• Nonpayment: 10 days (separate rule).

Notice of cancellation (misstatement)

Florida's published rule requires 120 days' notice for a cancellation based on a material misstatement once the policy has been in force for 60 days; during the first 60 days the statute does not state a minimum for this reason.

Notice of cancellation for nonpayment

Florida's published rule requires at least 10 days' written notice, with the reason, before a cancellation for nonpayment of premium.

• The notice must be accompanied by the reason.

Specific reasons in the notice

Florida's published rule says each notice of non-renewal or cancellation must include the specific reasons, including any specific underwriting reasons.

Roof age

Florida's published rule says an insurer may not refuse to renew a homeowners policy solely because of roof age if the roof is less than 15 years old. For roofs 15 years or older, the homeowner may have the roof inspected by an authorized inspector at their own expense, and the insurer may not refuse to renew solely because of age if that inspection shows at least 5 years of useful life remaining.

• Homeowners' policies issued or renewed on or after July 1, 2022.
• Does not apply to mobile home policies or policies not considered homeowners' policies (§ 627.7011(6)).

Claims caused by acts of God

Florida's published rule says claims caused by an act of God may not be used as a reason for cancellation or non-renewal, unless the insured did not take reasonable action the insurer requested to prevent the damage from happening again.

• Unless the insurer can show the insured failed to take action reasonably necessary, as requested by the insurer, to prevent recurrence of damage.

A single water-damage claim

Florida's published rule says a single water-damage claim may not be the only reason for cancellation or non-renewal, unless the insured did not take action the insurer reasonably requested to prevent a similar loss.

• Unless the insurer can show the insured failed to take action reasonably requested to prevent a similar occurrence.

Protection while damaged property is repaired

Florida's published rule limits cancellation and non-renewal of a home damaged by a covered peril: for hurricane or wind damage covered by an emergency declaration, until 90 days after repairs; for other covered damage, until repairs are done or one year after the final claim payment, whichever comes first. Listed exceptions apply.

• Authorized insurers; residential property damaged by a covered peril.
• 10 days' notice for nonpayment; 45 days' notice for claim-related misstatement or fraud, unreasonable delay in repair, or when policy limits have been paid (§ 627.4133(2)(e)2).

Effective date during a hurricane

Florida's published rule says that if a cancellation or non-renewal would take effect while a hurricane is affecting the area, the effective date is extended until the end of that hurricane.

• Does not apply where replacement coverage is in effect for a claim occurring during the hurricane.

Insurer reducing business

Florida's published rule allows a shorter 45-day notice only when the Office of Insurance Regulation has approved an insurer's plan for early cancellation or non-renewal. Decisions tied to an insurer reducing its business are usually not based on the individual home.

What the rule says about late notices

Florida's published rule describes what happens when the required notice is not provided: coverage remains in effect until replacement coverage starts or until the required number of days after the notice is given, whichever comes first. Your state regulator can answer questions about how this applies.

• Not for the 10-day nonpayment notice.