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Florida HB 459: Proposed Insurance Dispute Changes

Florida HB 459: Proposed Insurance Dispute Changes
Florida HB 459: Proposed Insurance Dispute Changes
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If you own a home or building in Florida, HB 459 (2026) could change how property-insurance disputes are handled. The bill is still pending, but it proposes that any disagreement over a claim be resolved through the Division of Administrative Hearings (DOAH). Either the homeowner or the insurer could file a petition, and an administrative law judge would make a final determination on coverage and payment within set deadlines.

The process requires detailed filings, including policy information, damage descriptions, estimates, and amounts in dispute. All named insureds or their representatives must participate in the proceedings. Insurers would cover the mediator or judge’s fees, but homeowners would be responsible for any experts or attorneys they bring.

Unlike earlier non-binding mediation proposals, HB 459-00 appears to create a binding adjudication, meaning the administrative judge’s decision could directly require payment from the insurer. While this could speed up claim resolutions, it reduces procedural protections, eliminates jury trials, and creates certain technical filing requirements. Homeowners could risk dismissal if paperwork is incomplete or filed incorrectly.

If passed, the bill would likely take effect on July 1, 2026. Homeowners should keep thorough documentation of damage and correspondence, review policy materials carefully, and consider consulting an attorney before filing a petition, because success may depend almost as much on following procedural rules as on the facts of the claim.

This summary is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on specific claims