Florida Statute 627.7011 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXVII
INSURANCE

Chapter 627
INSURANCE RATES AND CONTRACTS

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F.S. 627.7011

627.7011 Homeowners’ policies; offer of replacement cost coverage and law and ordinance coverage.—

(1) Prior to issuing a homeowner’s insurance policy, the insurer must offer each of the following:

(a) A policy or endorsement providing that any loss that is repaired or replaced will be adjusted on the basis of replacement costs to the dwelling not exceeding policy limits, rather than actual cash value, but not including costs necessary to meet applicable laws and ordinances regulating the construction, use, or repair of any property or requiring the tearing down of any property, including the costs of removing debris.

(b) A policy or endorsement providing that, subject to other policy provisions, any loss that is repaired or replaced at any location will be adjusted on the basis of replacement costs to the dwelling not exceeding policy limits, rather than actual cash value, and also including costs necessary to meet applicable laws and ordinances regulating the construction, use, or repair of any property or requiring the tearing down of any property, including the costs of removing debris. However, additional costs necessary to meet applicable laws and ordinances may be limited to 25 percent or 50 percent of the dwelling limit, as selected by the policyholder, and such coverage applies only to repairs of the damaged portion of the structure unless the total damage to the structure exceeds 50 percent of the replacement cost of the structure.

An insurer is not required to make the offers required by this subsection with respect to the issuance or renewal of a homeowner’s policy that contains the provisions specified in paragraph (b) for law and ordinance coverage limited to 25 percent of the dwelling limit, except that the insurer must offer the law and ordinance coverage limited to 50 percent of the dwelling limit. This subsection does not prohibit the offer of a guaranteed replacement cost policy.

(2) Unless the insurer obtains the policyholder’s written refusal of the policies or endorsements specified in subsection (1), any policy covering the dwelling is deemed to include the law and ordinance coverage limited to 25 percent of the dwelling limit. The rejection or selection of alternative coverage shall be made on a form approved by the office. The form must fully advise the applicant of the nature of the coverage being rejected. If this form is signed by a named insured, it is conclusively presumed that there was an informed, knowing rejection of the coverage or election of the alternative coverage on behalf of all insureds. Unless the policyholder requests in writing the coverage specified in this section, it need not be provided in or supplemental to any other policy that renews, insures, extends, changes, supersedes, or replaces an existing policy if the policyholder has rejected the coverage specified in this section or has selected alternative coverage. The insurer must provide the policyholder with notice of the availability of such coverage in a form approved by the office at least once every 3 years. The failure to provide such notice constitutes a violation of this code, but does not affect the coverage provided under the policy.

(3) In the event of a loss for which a dwelling or personal property is insured on the basis of replacement costs:

(a) For a dwelling, the insurer must initially pay at least the actual cash value of the insured loss, less any applicable deductible. The insurer shall pay any remaining amounts necessary to perform such repairs as work is performed and expenses are incurred. However, if a roof deductible under s. 627.701(10) is applied to the insured loss, the insurer may limit the claim payment as to the roof to the actual cash value of the loss to the roof until the insurer receives reasonable proof of payment by the policyholder of the roof deductible. Reasonable proof of payment includes a canceled check, money order receipt, credit card statement, or copy of an executed installment plan contract or other financing arrangement that requires full payment of the deductible over time. If a total loss of a dwelling occurs, the insurer must pay the replacement cost coverage without reservation or holdback of any depreciation in value, pursuant to s. 627.702.

(b) For personal property:

1. The insurer must offer coverage under which the insurer is obligated to pay the replacement cost without reservation or holdback for any depreciation in value, whether or not the insured replaces the property.

2. The insurer may also offer coverage under which the insurer may limit the initial payment to the actual cash value of the personal property to be replaced, require the insured to provide receipts for the purchase of the property financed by the initial payment, use such receipts to make the next payment requested by the insured for the replacement of insured property, and continue this process until the insured remits all receipts up to the policy limits for replacement costs. The insurer must provide clear notice of this process before the policy is bound. A policyholder must be provided an actuarially reasonable premium credit or discount for this coverage. The insurer may not require the policyholder to advance payment for the replaced property.

(4)(a) An insurer that issues a homeowner’s insurance policy must include with the policy documents at initial issuance and every renewal, in bold type no smaller than 18 points, the following statement:

“LAW AND ORDINANCE: LAW AND ORDINANCE COVERAGE IS AN IMPORTANT COVERAGE THAT YOU MAY WISH TO PURCHASE. PLEASE DISCUSS WITH YOUR INSURANCE AGENT.”

(b) An insurer that issues a homeowner’s insurance policy that does not provide flood insurance coverage must include on the policy declarations page at initial issuance and every renewal, in bold type no smaller than 18 points, the following statement:

“FLOOD INSURANCE: YOU SHOULD CONSIDER THE PURCHASE OF FLOOD INSURANCE. YOUR HOMEOWNER’S INSURANCE POLICY DOES NOT INCLUDE COVERAGE FOR DAMAGE RESULTING FROM FLOOD EVEN IF HURRICANE WINDS AND RAIN CAUSED THE FLOOD TO OCCUR. WITHOUT SEPARATE FLOOD INSURANCE COVERAGE, YOUR UNCOVERED LOSSES CAUSED BY FLOOD ARE NOT COVERED. PLEASE DISCUSS THE NEED TO PURCHASE SEPARATE FLOOD INSURANCE COVERAGE WITH YOUR INSURANCE AGENT.”

(c) The intent of this subsection is to encourage policyholders to purchase sufficient coverage to protect them in case events excluded from the standard homeowners policy, such as law and ordinance enforcement and flood, combine with covered events to produce damage or loss to the insured property. The intent is also to encourage policyholders to discuss these issues with their insurance agent.

(5)(a) As used in this subsection, the term “authorized inspector” means an inspector who is approved by the insurer and who is:

1. A home inspector licensed under s. 468.8314;

2. A building code inspector certified under s. 468.607;

3. A general, building, or residential contractor licensed under s. 489.111 or a roofing contractor;

4. A professional engineer licensed under s. 471.015;

5. A professional architect licensed under s. 481.213; or

6. Any other individual or entity recognized by the insurer as possessing the necessary qualifications to properly complete a general inspection of a residential structure insured with a homeowner’s insurance policy.

(b) An insurer may not refuse to issue or refuse to renew a homeowner’s policy insuring a residential structure with a roof that is less than 15 years old solely because of the age of the roof.

(c) For a roof that is at least 15 years old, an insurer must allow a homeowner to have a roof inspection performed by an authorized inspector at the homeowner’s expense before requiring the replacement of the roof of a residential structure as a condition of issuing or renewing a homeowner’s insurance policy. The insurer may not refuse to issue or refuse to renew a homeowner’s insurance policy solely because of roof age if an inspection of the roof of the residential structure performed by an authorized inspector indicates that the roof has 5 years or more of useful life remaining.

(d) For purposes of this subsection, a roof’s age shall be calculated using the last date on which 100 percent of the roof’s surface area was built or replaced in accordance with the building code in effect at that time or the initial date of a partial roof replacement when subsequent partial roof builds or replacements were completed that resulted in 100 percent of the roof’s surface area being built or replaced.

(e) This subsection applies to homeowners’ insurance policies issued or renewed on or after July 1, 2022.

(6) This section does not:

(a) Apply to policies not considered to be “homeowners’ policies,” as that term is commonly understood in the insurance industry.

(b) Apply to mobile home policies.

(c) Limit the ability of an insurer to reject or nonrenew any insured or applicant on the grounds that the structure does not meet underwriting criteria applicable to replacement cost or law and ordinance policies or for other lawful reasons.

(d) Prohibit an insurer from limiting its liability under a policy or endorsement providing that loss will be adjusted on the basis of replacement costs to the lesser of:

1. The limit of liability shown on the policy declarations page;

2. The reasonable and necessary cost to repair the damaged, destroyed, or stolen covered property; or

3. The reasonable and necessary cost to replace the damaged, destroyed, or stolen covered property.

(e) Prohibit an insurer from exercising its right to repair damaged property in compliance with its policy and s. 627.702(7).

History.—s. 17, ch. 93-410; s. 1184, ch. 2003-261; s. 14, ch. 2005-111; s. 23, ch. 2006-12; s. 4, ch. 2009-87; s. 19, ch. 2011-39; s. 1, ch. 2018-63; s. 1, ch. 2019-82; s. 14, ch. 2022-268; s. 14, ch. 2022-271; s. 8, ch. 2024-182.

F.S. 627.7011 on Google Scholar

F.S. 627.7011 on Casetext

Amendments to 627.7011

Arrestable Offenses / Crimes under Fla. Stat. 627.7011

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 627.7011.

Annotations, Discussions, Cases:

Cases Citing Statute 627.7011

Total Results: 20

Universal Property & Casualty Insurance Company v. James Kattan

Court: Fla. Dist. Ct. App. | Date Filed: 2024-08-14T00:00:00-07:00

Snippet: insurance policy has the same effect as section 627.7011(3), Florida Statutes (2022), it likewise “governs

Universal Property & Casualty Insurance Corporation v. Irma Qureshi and George Guerrero

Court: Fla. Dist. Ct. App. | Date Filed: 2024-07-24T00:00:00-07:00

Snippet: included a provision tracking the language of section 627.7011(3)(a), Florida Statutes (2020), which provides…even though both the policy’s terms and section 627.7011(3)(a) require payment by the insurer only “as … breaching the insurance contract – section 627.7011(3) limits the breach of contract damages… the policy at its convenience. Section 627.7011(3), however, governs an insurer’s post-loss …District noted in Tio, provisions based on section 627.7011(3) govern an insurer’s obligations in adjusting

CITIZENS PROPERTY INSURANCE CORPORATION v. MAGDA V. SALAZAR

Court: Fla. Dist. Ct. App. | Date Filed: 2023-10-04T00:00:00-07:00

Snippet: settlement provision mirrors the language of section 627.7011(3)(a), Florida Statutes (2018), providing that… 975 n.1 (Fla. 3d DCA 2017). However, section 627.7011(3)(a), which is incorporated into the subject

ELISEO MARTINEZ v. CITIZENS PROPERTY INSURANCE CORPORATION

Court: Fla. Dist. Ct. App. | Date Filed: 2021-06-30T00:53:00-07:00

Snippet: actual cash value calculation” under section 627.7011, Florida Statutes, and the plain language of the

PEOPLE'S TRUST INSURANCE COMPANY v. PEDRO R. RAMOS SANTOS

Court: Fla. Dist. Ct. App. | Date Filed: 2021-05-12T00:53:00-07:00

Snippet: to Insureds, 8 and section 627.7011(5)(e) provides that section 627.7011(3)(a)’s requirement – that the… claimed People’s Trust had violated sections 627.7011, 627.70131, and 627.7142 of the Florida Statutes…) under the “terms of the policy” and section 627.7011(3)(a) of the Florida Statutes, People’s Trust …People’s Trust breached the policy and section 627.7011(3)(a) by “refus[ing] to pay any more [actual cash…People’s Trust’s purported violations of sections 627.7011, 627.70131 and 627.7142 of the Florida Statutes

MARTHA CASTRO v. PEOPLE'S TRUST INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2021-04-28T00:53:00-07:00

Snippet: 4 § 627.7011(3)(a), Fla. Stat. (2017). Section 627.7011(5) carves out an exception…provision is invalid because it violates section 627.7011(3)(a), Florida Statutes (2017), which requires…option to repair. This appeal follows. Section 627.7011, Florida Statutes (2017), provides: (3)…repair damaged property. Specifically, section 627.7011(5)(e) provides “[t]his section does not . . . …provision is unenforceable because it violates section 627.7011(3)(a). In support of her argument, Castro highlights

BRANDON GOLDBERG v. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY

Court: Fla. Dist. Ct. App. | Date Filed: 2020-09-09T00:53:00-07:00

Snippet: deductible, as required by both the policy and section 627.7011(3), Florida Statutes, and (2) failing to issue…this case contains a provision tracking section 627.7011(3), Florida Statutes (2017). Subsection (3)(a)… 1242, 1243 (Fla. 3d DCA 2017): Section 627.7011(3) requires payment of actual cash value—not

ALBERT GANZEMULLER v. OMEGA INSURANCE CO.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-27T00:53:00-07:00

Snippet: repair the property. They argue that subsection 627.7011(5)(e), Florida Statutes (2015), which references…action. The issue on appeal is whether subsections 627.7011(5)(e) and 627.702(7) relieve the Ganzemullers …replacement. § 627.702(7). Section 627.7011 is titled "Homeowners' policies; offer…compliance with its policy and s. 627.702(7)." § 627.7011(5)(e). Even though subsection… argue that the reference to it in subsection 627.7011(5)(e) makes subsection 627.702(7) equally applicable

Vazquez v. Southern Fidelity Property & Casualty, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-11T00:00:00-07:00

Citation: 230 So. 3d 1242

Snippet: . Based on the 2011 amendments to section 627.7011(3), Florida Statutes, if the homeowner files a…against the homeowners. This was error. Section 627.7011(3) requires payment of actual cash value—not merely

Zamora and Fuentes v. Tower Hill Prime Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:53:00-07:00

Snippet: the trial court for further proceedings. See § 627.7011(3)(a), Fla. Stat. (2016); Siegel v. Tower Hill

Zamora v. Tower Hill Prime Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:00:00-07:00

Citation: 226 So. 3d 1085

Snippet: the trial court for further proceedings. See § 627.7011(3)(a), Fla. Stat. (2016); Siegel v. Tower Hill

Escobar v. Tower Hill Signature Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-10-04T00:00:00-07:00

Citation: 226 So. 3d 1084, 2017 WL 4399096

Snippet: the trial court for further proceedings. See § 627.7011(3)(a), Fla. Stat. (2016) (“In the event of a loss

Siegel v. Tower Hill Signature Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-08-30T00:00:00-07:00

Citation: 225 So. 3d 974, 2017 Fla. App. LEXIS 12424

Snippet: the analysis does not end there. Section 627.7011(3)(a), Florida Statutes (2017), sets a minimum…violate the initial payment requirement in section 627.7011 because the current version requires the insurer… to address the payment requirement in section 627.7011. Although Ms. Slayton argued on appeal .that the…loss settlement provision above violated section 627.7011, Florida Statutes (2009), 4 the Fifth…the initial payment requirement found in section 627.7011 and in the endorsement to the Siegels’ policy.

Francis v. Tower Hill Prime Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-12T00:00:00-07:00

Citation: 224 So. 3d 259, 2017 WL 2960690, 2017 Fla. App. LEXIS 9982

Snippet: the argument that the insurer violated section 627.7011, Florida Statutes, as in effect in 2009. In the

Noa v. Florida Insurance Guaranty Assoc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-22T00:00:00-07:00

Citation: 215 So. 3d 141, 2017 WL 1076922, 2017 Fla. App. LEXIS 3787

Snippet: property, including the costs of removing debris.” § 627.7011(l)(b), Fla. Stat. (2011). The question before

Prepared Insurance Co. v. Gal

Court: Fla. Dist. Ct. App. | Date Filed: 2016-10-13T00:00:00-07:00

Citation: 209 So. 3d 14, 2016 Fla. App. LEXIS 15181

Snippet: destroyed, or stolen covered property.” See § 627.7011(6)(b), Fla. Stat. (2010) (amended 2011) (emphasis…insurer may withhold payment. See id. (citing § 627.7011(6), Fla. Stat. (2008)). Thus, an insurer is required

Florida Peninsula Insurance Company v. Cespedes

Court: Fla. Dist. Ct. App. | Date Filed: 2014-12-17T00:00:00-08:00

Citation: 161 So. 3d 581, 2014 Fla. App. LEXIS 20366

Snippet: has two issues disclosed in bold type. Section 627.7011(4), Florida Statutes (2008), required a policy

Juvonen v. United Property & Casualty Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-10-23T00:00:00-07:00

Citation: 124 So. 3d 976, 2013 WL 5729808, 2013 Fla. App. LEXIS 16775

Snippet: be incurred. They argued that sections 627.7011(3) and 627.7011(6), Florida Statutes (2008), require those… court interpreted the 2008 version of section 627.7011, and the 2005 version is at issue in this cáse…incurred. Although the 2008 version of section 627.7011 contains subsection (6), which the 2005 version

Haynes v. Universal Property & Casualty Insurance Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-09T00:00:00-07:00

Citation: 120 So. 3d 651, 2013 WL 4779595, 2013 Fla. App. LEXIS 14431

Snippet: Itiat, 28 So.3d at 141 (citation omitted). Section 627.7011(8), Florida Statutes (2008), provides that “[i…2013). The court examined the language of section 627.7011, Florida Statutes (2008), considered the legislative…interpretation of the policy would contravene section 627.7011. Id. at *8. Accordingly, the court quashed the

Trinidad v. Florida Peninsula Insurance Co.

Court: Fla. | Date Filed: 2013-07-03T00:00:00-07:00

Citation: 121 So. 3d 433, 38 Fla. L. Weekly Supp. 507, 2013 WL 3333823, 2013 Fla. LEXIS 1379

Snippet: Although section 627.7011(3) provides that an insurer must pay replacement costs, section 627.7011(6) provides…section 627.7011(3) because they are not “reasonable and necessary” to the repair. See § 627.7011(6), Fla…policy or the applicable provisions of section 627.7011, Florida Statutes (2008), to pay Amado Trinidad…incur in repairing the property. Because section 627.7011, Florida Statutes (2008), and the replacement …District rejected Trinidad’s assertion that section 627.7011(3), Florida Statutes (2008), which required the