Can a roofer pay my deductible or file my insurance claim in Florida?

After a storm, a door hanger or a knock on the door can come with a pitch. "We'll handle your insurance." "Don't worry about the deductible." Florida created its contractor claim rules in 2021 and has amended them several times since, and much of that pitch is now illegal. This guide covers what a roofer can and cannot do on your claim, based on the statute.

Assure-U holds a Florida roofing contractor license, so every rule below binds us too. We are not public adjusters or attorneys, which is exactly why we hand policy questions back to you and your insurer.

What does section 489.147 prohibit?

Florida Statutes section 489.147 lists prohibited property insurance practices for contractors. A contractor may not do these things directly or indirectly:

The statute defines soliciting broadly. It covers contact in person, by email, by phone or other real-time communication, and by delivery to a specific person.

Can a roofer pay or waive my deductible?

No. The statute bars a contractor from offering a rebate, gift, gift card, cash, coupon, deductible waiver or any other thing of value in exchange for letting the contractor inspect your roof or for making a roof insurance claim.

The deductible is your share of the loss. Any written or electronic contractor ad that urges you to make a roof claim must say, in large type, that you are responsible for paying any deductible, that a deductible waiver or rebate is insurance fraud punishable as a third degree felony, and that filing a claim with false, incomplete or misleading information is also a third degree felony.

If a roofer offers to cover your deductible by padding the estimate, walk away.

Can a roofer file my insurance claim for me?

You should file it yourself. The Homeowner Claims Bill of Rights in section 627.7142 advises homeowners to file all claims directly with their insurance company. A roofer who files and then argues the claim for you is adjusting it, which section 489.147 bars unless the roofer is also a licensed public adjuster.

What your roofer can properly do:

• Inspect the roof and document the damage with photos and measurements.
• Give you a good-faith, itemized estimate of the materials and work.
• Share that estimate and those photos with you and, at your request, your insurer.
• Do the repair or replacement once you decide.

What your roofer cannot do is tell you what your policy covers, advise you on your duties under the policy, or negotiate the claim with your insurer on your behalf.

Can I assign my claim to my roofer?

Not on newer policies. Under Florida Statutes section 627.7152, subsection (13), an assignment of post-loss benefits under a residential property policy issued on or after January 1, 2023 is void, invalid and unenforceable. That came from SB 2-A in the December 2022 special session.

So a roofer cannot step into your shoes on the claim. You stay the policyholder, and you stay in charge.

What must a roofing contract include?

Section 489.147 adds three contract notices:

1. A deductible notice. A roof repair or replacement contract must say that the contractor may not offer anything of value for an inspection or a claim. If it does not, you may void the contract within 10 days of signing.
2. A cancellation notice after emergencies. For contracts signed within 180 days after a governor's state of emergency covering your area, you may cancel without penalty within 10 days of signing or by the official start date of the work, whichever comes first. The notice must be in bold type of at least 14 points.
3. A coverage notice. On the signature page, in bold type of at least 14 points, the contract must advise you to confirm your coverage with your insurer before you sign.

Cancel in writing by certified mail, return receipt requested, or another method that gives you proof of delivery.

What happens to a roofer who breaks these rules?

A licensed contractor who violates section 489.147 faces discipline under the contractor licensing law and a fine of up to $10,000 per violation. An unlicensed person who does the same commits unlicensed contracting and can be fined up to $10,000 per violation. The acts of paid employees and paid door-to-door solicitors count as the contractor's own acts.

You can verify a contractor's license and look for complaints through the Florida Department of Business and Professional Regulation. The Department of Financial Services summary of property insurance changes also covers the solicitation rules. For questions about a claim, its consumer helpline is 1-877-693-5236.

How should I pick a roofer after a storm?

• Confirm the license before anyone climbs on your roof.
• Get an itemized estimate in writing before you sign anything.
• Read the contract for the three notices above.
• Call your insurer or agent to confirm your coverage before you sign.
• Be wary of anyone who talks more about your policy than your roof.

Our guide to choosing a roofer in Orlando covers licensing and insurance checks in more detail, and what to do after roof storm damage covers the first days after a storm. For what a deductible really costs on a hurricane claim, see our hurricane deductible guide.

We follow these rules on every storm job. You get photos, an itemized estimate and a straight answer about the roof, and the policy questions go to your insurer. Start with our storm damage repair service or a free roof inspection.