Roof Claims Under the New Florida Rules

Reform-era rules. 25% rule current state. ACV-only roof endorsement. Matching narrowed. Wear-and-tear weapon.

What you'll learn

What the recent FL roof reforms changed. The 25% rule, current state. Roof age + ACV settlement. The matching narrowing. Strategies that still work post-reform.

9.2.1 What changed

Florida roof claim rules were reformed materially in 2021–2023 through multiple legislative actions:

SB 76 (2021) — Roof Deductible Statute, contractor solicitation restrictions
SB 2D (May 2022) — required Citizens roof exclusions, AOB tightening
SB 2A (Dec 2022) — broader claim deadline shortening, attorney fee changes
HB 7065 (2019) — earlier AOB reform

Net effect: roof claims got harder for homeowners. Carriers got more tools to limit roof payouts.

9.2.2 The 25% rule — current state

The "25% rule" — historically requiring full roof replacement when 25%+ damaged — has been narrowed by recent reforms.

Current rule (general — verify against your specific situation)

For losses on or after the relevant reform effective dates:

Roofs 10+ years old built to a code in effect after 2007 may be repaired rather than fully replaced when 25%+ damaged
Roofs older than 10 years may have different rules
Specific exemptions apply for certain roof types and situations

The exact rule depends on:

Your roof's age
Roof type (asphalt, tile, metal)
Code in effect when roof was installed
Specific damage pattern + extent
Date of loss
Specific carrier policy language

Practical takeaway

Don't assume the historical 25% rule applies. Verify w/ building department + current FL Statutes for your specific situation.

When the rule still applies → claim full code-compliant replacement under O&L coverage. When the rule has been narrowed → still claim individual code-required upgrades.

9.2.3 ACV settlement on older roofs

Many FL carriers have moved older roofs to ACV-only settlement.

How it works

Standard policy: roof pays at RCV regardless of age.

Modified policy w/ roof endorsement: roof over a certain age (often 10 or 15 years) pays at ACV only — depreciation deducted, no recoverable depreciation.

Math

15-year-old roof, $20K replacement cost:

Settlement type	Payment
Standard RCV	$20K (over 2 steps)
ACV-only roof	~$8K. Period.

Find out which version you have

Pull your dec page
Look for roof endorsement form numbers
Read the policy's Loss Settlement provision for roof-specific language
Look for terms like "ACV settlement applies to roofs over [N] years of age"

Older homes + ACV-only roof = budget for major out-of-pocket on next roof claim.

9.2.4 Roof matching — narrowed

§ 626.9744 — the matching statute — has been narrowed for roof claims by recent reforms.

Pre-reform (historical)

Damaged roof + matching shingles unavailable → carrier owed full roof replacement.

Post-reform

Roof matching is less reliable. Some policies now explicitly exclude roof matching. Some narrow the rule to only certain situations.

Practical

Check your specific policy for roof-matching language
Get attorney review for any roof matching dispute
Don't assume broader replacement under § 626.9744 without verification

Detail on matching in Module 5.5.

9.2.5 The wear-and-tear weapon — biggest in roof claims

Roof claims are the most denied category of FL property claims, and wear-and-tear is the most common reason.

Carrier pattern

Inspector arrives
Photographs the roof
Concludes "this damage is wear-and-tear, not storm"
Denies or partial-denies the claim

How to fight wear-and-tear on roof claims

Documentation:

NWS wind speeds at your address on date of loss
Photos showing fresh damage (clean breaks, no weathering)
Comparable claims from same storm in your neighborhood (storm pattern, not wear)
Independent roofer inspection
Roof age + remaining life expectancy

Independent roofer report:

Get a licensed FL roofer to inspect + write a report concluding:

Cause is consistent w/ wind/storm event
Damage pattern is fresh (not aged)
Roof had reasonable remaining life pre-loss
Cite manufacturer specifications

This is the killer document in roof denial disputes.

Engineer report (for high-stakes claims):

For claims over $25K, an independent engineer report is often necessary. Engineers are admissible expert witnesses in litigation.

9.2.6 Roof contractor solicitation rules — § 489.147

SB 76 created strict rules on roof contractor solicitation:

Cannot offer rebates, gift cards, or inducements for roof inspections or claims
Cannot solicit door-to-door w/o written permission
Cannot file claims on behalf of insured (that's PA work)

For homeowners: if a roofer offers "free roof inspection" + handles your claim → that's a red flag. Either they're crossing into unlicensed PA practice, or they're driving an AOB scheme that's largely been killed by reform.

9.2.7 The roof inspection — what to do

Before the carrier inspects

Independent roofer report ready
Photos from multiple angles (drone if possible)
Manufacturer spec sheet for your shingles
Maintenance records if any
Weather records for date of loss

During carrier inspection

Be present (or your roofer)
Photograph the carrier's inspection
Note what they look at (and what they don't)
Request access to their photos + report under § 627.7142

After carrier inspection

If denial / partial denial → roof appeal time (Module 7.2 + 7.3).

9.2.8 Common roof claim disputes + counters

"Damage is wear-and-tear."

Counter: independent roofer report. Weather data. Comparable storm claims. Roof age vs remaining life.

"Roof is too old to claim."

Counter: policy doesn't generally have age-based exclusion absent specific endorsement. Verify your policy. ACV-only settlement may apply but coverage isn't excluded.

"We can repair, not replace."

Counter: IICRC standards. Roof system integrity. Whether repair will be effective. Florida 25% rule (where applicable).

"Cosmetic damage exclusion applies."

Counter: damage is functional, not cosmetic. Hail bruising affects shingle integrity. Wind tear-off affects waterproofing.

"Matching doesn't apply to roof."

Counter: depends on specific policy + date of loss. Verify w/ attorney for high-stakes disputes.

9.2.9 Action steps

For older roofs: check your policy for ACV-only roof endorsement.
For roof claims: get an independent roofer report before carrier inspection if possible.
For wear-and-tear denials: counter w/ weather data + independent roofer + comparable claims.
For matching disputes: verify current FL law before relying on broader replacement.
For high-stakes claims: consider engineer report for litigation prep.

Next: 9.3 Water Damage and the 14-Day Notice Issue.

Educational. Not legal advice. Florida roof claim rules have changed materially since 2021. Verify current statutes + case law for your specific date of loss before relying on any rule.