Asset Protection
Florida Homeowners Insurance: What Changed in Attorney Fees
By Flavia Arruda Salinas · August 25, 2026
A recurring debate in the Florida Legislature is whether a property owner should recover attorney fees after prevailing in certain actions against an insurer.
Understanding the current environment requires separating proposals from measures that actually became law.
The starting point: SB 2-A and HB 837
In 2022, Senate Bill 2-A eliminated one-way attorney fees in property insurance disputes. In 2023, House Bill 837 expanded changes related to attorney fees and other civil remedies.
As a general rule, each party became responsible for its own legal costs in property insurance actions, subject to the exceptions and specific mechanisms available under applicable law.
The 2025 attempts
In 2025, HB 1551 and SB 426 proposed new rules for attorney-fee awards in certain insurance actions. Neither passed.
This corrects summaries that identify SB 554 as the attorney-fee restoration proposal. The bill directly addressing that subject was SB 426.
What happened during the 2026 session
Three areas drew attention:
- HB 459, addressing a mandatory dispute-resolution process, was withdrawn before introduction. Related proposals H 341 and S 108 also failed to advance.
- HB 815 and SB 808, addressing roof age and the issuance or renewal of coverage, died in committee.
- HB 527, which would have required human review for certain claim denials or reductions supported by artificial intelligence, passed the House 108 to zero but died in the Senate Rules Committee.
What actually became law in 2026
According to the Florida Department of Financial Services, insurance measures enacted in 2026 included SB 1028, SB 1452, and HB 7031E. They addressed matters such as Citizens mechanisms, Department of Financial Services programs, and specific deadlines or procedures.
None of those three measures restored the former general one-way attorney-fee rule.
Why this distinction matters in a real estate decision
Insurance, litigation costs, and access to coverage are part of the expense and risk of owning Florida property. Buyers and owners should therefore work with a network of licensed professionals, including a real estate advisor, attorney, and insurance agent, each operating within the appropriate professional scope.
The real estate professional's role is to identify the issue and coordinate due diligence. Legal interpretation of a policy, claim denial, or lawsuit belongs to a qualified attorney.
Official sources
- Florida Department of Financial Services: Property Insurance Changes
- Florida Senate: 2022 legislative summary for SB 2-A
- Florida Senate: 2026 HB 459 history
- Florida Senate: 2026 HB 815 history
- Florida Senate: 2026 SB 808 history
- Florida Senate: 2026 HB 527 history
This content is exclusively informational and educational. It is not legal, accounting, financial, or insurance advice. Matters involving policies, claim denials, or litigation should be reviewed by a Florida-licensed attorney and a licensed insurance professional based on the specific circumstances.
