DeSantis Insurance Bill Explained: What Most People Get Wrong

DeSantis Insurance Bill Explained: What Most People Get Wrong

If you live in Florida, you’ve probably spent the last couple of years watching your mailbox with a sense of genuine dread. Opening that insurance renewal notice felt like a high-stakes gamble. For a long time, the house was winning, and the "house" in this case was a collapsing insurance market that saw premiums double or triple while carriers fled the state like they were escaping a literal hurricane.

Then came the legislative hammer.

Governor Ron DeSantis signed a series of massive overhauls—most notably SB 2A and later HB 837—that fundamentally changed how insurance works in the Sunshine State. Honestly, if you haven’t looked at the fine print lately, you might be in for a shock. The "DeSantis insurance bill" isn't just one thing; it’s a total renovation of the legal and financial plumbing that keeps Florida’s homes insured.

The Death of the "One-Way" Street

Let’s talk about the elephant in the room: lawyers. For decades, Florida had this thing called "one-way attorney fees." Basically, if a homeowner sued their insurance company and won by even a single dollar, the insurance company had to pay the homeowner’s legal bills.

It sounds fair on paper, right? It was meant to help the little guy.

✨ Don't miss: The Richest Man in Babylon: Why This 100-Year-Old Book Is Still the Best Money Advice

But in practice, it created a massive incentive for "litigation factories." Florida accounted for something like 8% of all homeowners' insurance claims in the U.S. but nearly 80% of all homeowners' insurance lawsuits. That math is broken. SB 2A killed one-way attorney fees for property insurance. Now, if you sue your insurer and win, your lawyer's check usually comes out of your settlement, not a separate pile of cash from the company.

No More Handing Over Your Rights (AOB)

You’ve probably had a contractor knock on your door after a storm offering a "free roof." In the old days, they’d ask you to sign an Assignment of Benefits (AOB). This document basically handed your insurance rights over to the contractor. They’d do the work, file a claim for a ridiculous amount, and if the insurer balked, the contractor’s lawyers would sue.

The new laws effectively banned AOBs for property insurance policies issued after January 1, 2023. If a roofer asks you to sign your benefits away today, that contract is likely void and unenforceable. You’re back in the driver’s seat, for better or worse.

The Clock is Ticking Faster

The state also decided that "later" isn't good enough. Under the new rules, everything has been sped up.

  • Filing a claim: You used to have two years to report a new or reopened claim. Now? You’ve got one year.
  • Insurer Response: Companies now have only 7 days to acknowledge your claim (it used to be 14).
  • The Check: Insurers must pay or deny your claim within 60 days instead of 90.

It’s a "hurry up and wait" situation, but the state is finally putting some teeth into the "hurry up" part.

Is It Actually Working?

This is where the coffee-shop debates get heated. If you ask the Governor’s office, they’ll point to 2026 data showing that Citizens Property Insurance—the state-backed "insurer of last resort"—is finally shrinking. At one point, Citizens was ballooning with over 1.4 million policies because nobody else would take the risk. As of early 2026, that number has plummeted to under 400,000.

Why? Because private companies like Florida Peninsula and Universal Property & Casualty are actually starting to file for rate decreases or at least keeping things flat.

📖 Related: How Do Pawnbrokers Work: What Most People Get Wrong About Fast Cash

But here’s the reality check: "Stabilizing" doesn't mean "cheap."

If your premium was $2,000 in 2020 and it's $5,500 now, a 5% "reduction" or a "flat rate" doesn't exactly feel like a victory. For many in Broward or Miami-Dade, where premiums are still north of $6,000, the bill explained everything except how to afford it.

Why the "Tort Reform" (HB 837) Matters

While SB 2A hit the property side, HB 837 went after the rest of the legal system. It shortened the statute of limitations for general negligence (like slip-and-falls) from four years to two. It also changed Florida from a "pure" comparative negligence state to a "modified" one.

Basically, if you are more than 50% at fault for your own injury, you get nothing. Before, you could be 90% at fault and still collect 10% of the damages. It’s a harsh shift, but it’s designed to stop the "lottery" mentality that insurers claim drove up everyone’s rates.

What Most People Get Wrong

People think these bills were a gift to the insurance companies. In some ways, they were. But they also came with some "pro-consumer" bits that get ignored. For example, insurers can't refuse to cover you just because your roof is old if that roof is less than 15 years old or has 5 years of life left.

Also, there’s a new "Prompt Pay" law. If an insurer misses those new, shorter deadlines, they can face serious fines from the Office of Insurance Regulation. The state is trying to say, "We took away your right to sue easily, so we’re going to force the companies to behave." Whether the regulators actually follow through is the $6,000 question.

What You Should Do Right Now

Don't just sit there and pay the bill. The market is moving fast.

  1. Shop your policy immediately. With 17 new companies entering the Florida market since the reforms, the company that was the "cheapest" last year probably isn't anymore.
  2. Check your Citizens eligibility. If you're with Citizens, you might get a "takeout" offer from a private company. Under the new laws, if a private company offers you a rate that is within 20% of the Citizens rate, you must leave Citizens.
  3. Get a Wind Mitigation Inspection. This is the single biggest way to drop your premium. If you’ve added hurricane straps or a new roof since 2023, that inspection could save you thousands.
  4. Watch the 2026 deadlines. Remember, you only have one year from the date of damage to file a claim. If a storm hits this summer, you can't wait until next Christmas to decide if the leak is "bad enough" to report.

The "DeSantis insurance bill" basically gambled that by making it harder to sue, companies would come back to Florida. They are coming back. The prices are leveling off. But for the average homeowner, the "Sunshine State" still feels a bit like a "Stormy State" when the bill arrives in the mail.

Actionable Next Steps

  • Audit your current policy: Look specifically for "Binding Arbitration" clauses. Some of the new laws allow companies to offer cheaper rates if you agree to arbitrate disputes instead of going to court.
  • Contact an independent agent: Don't use a "captive" agent who only sells one brand. You need someone who can see the 17+ new carriers that have entered the market since the 2023 reforms took hold.