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Florida bill SB-76 property insurance reform

Florida homeowners face potential serious issues given Fla. Senate bill SB-76 moves through legislation. On Feb. 18, 2021, Aloia, Roland, Lubell & Morgan, PLLC senior partner, Jack Morgan, Esq., and Aloia Roland attorney, licensed contractor and licensed realtor, Scott Hertz, Esq., Cape Coral Construction Industry Association executive director/CEO, Bill Johnson Jr., Aloia Roland senior partner, Evan Lubell, Esq. and SHEEHY strategies CEO/PR executive, Ryan Sheehy-Cox, APR address the dynamics and concerns of this proposed bill.

The panel also discusses how the Fla. bill would affect homeowners and all industries whom this bill could affect when dealing with residential property damage due to storms — especially the roofing industry — and how insurance companies play an increasingly significant role. Additionally, this bill includes related legislation including HB 305, SB 212, and the SB-76 bill is also referred to as CS/SB 76. This controversial proposed legislation has garnered national media attention in Reuters and a variety of statewide media outlets.

Whom does this bill affect?

  • Florida Homeowners
    • Reduces insurance payments to consumers on property damage claims.
    • Reduces the amount of time that a consumer would have to make a claim.
    • Limits consumers’ access to the court system by limiting attorney fee provisions that have been in place for 60 years. Meaning, the homeowner would have to pay an attorney to fight for them.
    • Less coverage but with the same or higher premiums.
  • Roofing industry
    • Insurance companies can limit what you get back to 40% of the current value, leaving the remainder on the back of the consumer to complete the project and pay the roofing company.
  • Legal community
    • Limits the coverage of attorney fees. Therefore, the homeowner would have to retain an attorney and incur the cost of doing so.
    • With limited attorney fees proposed in the bill, attorneys may not be able to cover their losses when averaging out their cases. With litigation taking even longer during this pandemic it could be over two years before litigation concludes.


To read the bill
visit Florida Bill SB-76.

This video is property of Aloia, Roland, Lubell & Morgan, PLLC and close captions are included.

Aloia Roland’s Jack Morgan and Scott Hertz discuss issues

On Friday, Feb. 12, 2021, Aloia Roland senior partner, Jack Morgan, and attorney, licensed contractor and licensed realtor, Scott Hertz address the dynamics and concerns given Florida bill SB-76 moves through legislation.

Jack Morgan’s practice focuses primarily on business related litigation, which includes litigation related to construction liens, construction defects, OSHA matters, business disputes, and other contractual matters. His clientele includes business owners, contractors, subcontractors, developers, and businesses in the construction, healthcare, agricultural, real estate, entertainment and service industries.

Scott Hertz is an experienced litigator and focuses his practice on the areas of construction law, breach of contract, commercial law, and real estate litigation. He represents clients in front of Southwest Florida government agencies dealing with licensing, permitting, land use issues and ordinances that impact his clients. Partnership disputes and business breakups are another area of representation.

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