Florida lawmakers regularly consider new ways to handle property insurance disputes, especially after large storm seasons and continuing market volatility. One proposal that drew attention was HB 459, a bill that would have shifted many disputed property insurance claims into an administrative judge process at DOAH.
That proposal never became law.
According to official tracking by the Florida House of Representatives, HB 459 (a general bill sponsored by Randy Maggard) was filed in November 2025 and then withdrawn prior to introduction on January 9, 2026. There were no recorded votes and no bill analyses on the official pages.
Takeaway: HB 459 did not change your rights. It created no new deadlines, no mandatory procedure, and no restriction on lawsuits because it did not pass.
What HB 459 would have changed if it had passed
Even though the bill failed, it helps to understand what lawmakers were thinking.
HB 459 would have required many property insurance disputes to go through a state administrative process first instead of going straight to court.
This process would have taken place at the Division of Administrative Hearings (DOAH).
Under the proposed process:
- A homeowner or insurance company could file a petition with DOAH if a claim was disputed.
- The petition would have needed detailed information, including:
- The homeowner’s name and contact information
- The insurance company’s information
- A description of the damage
- The amount of money in dispute
- A signed statement saying both sides tried to resolve the issue first
- The insurance company would have had only 14 days to either:
- Pay the claim, or
- File a formal response
- An administrative law judge would have:
- Made an initial decision within 60 days
- Issued a final coverage decision within 180 days
Supporters said this could make disputes faster and less expensive.
Why Some People Were Concerned
Not everyone agreed with this idea.
Some critics worried that:
- Homeowners might lose access to a jury trial.
- The administrative process might limit certain legal protections.
- Strict filing rules could hurt homeowners who don’t have lawyers.
- It could make it harder for some attorneys to take these cases.
Supporters believed the faster deadlines could help homeowners repair their homes sooner and reduce court backlogs.
But again this debate is now mostly academic because the bill was withdrawn before becoming law.
What Has Changed in Florida Insurance Law
Even though HB 459 failed, Florida’s property insurance laws have changed in recent years.
Several reforms passed between 2022 and 2023, including:
- Changes to attorney fee rules
- Elimination of one-way attorney fees in most property cases
- New offer-of-judgment standards
- Broader civil litigation reforms
These changes have already affected how property insurance claims are handled in Florida.
This means today’s insurance claim process is not the same as it was a few years ago.
What Homeowners Should Know
HB 459 did not pass, but Florida’s property-claim environment has already changed substantially through enacted reforms.
Mediation still exists as a consumer option, and the state describes it as a non-binding conference process designed to help resolve disputes.
Recent reforms have changed fee-shifting incentives in property insurance disputes. For example, the Florida Senate’s summary of SB 2-A states that it eliminated one-way attorney fees for property insurance and shifted to an offer-of-judgment framework.
Broader civil remedies reforms have also reshaped attorney-fee statutes in insurance cases generally, including repeal of section 627.428, and created new rules for certain declaratory coverage lawsuits (with an explicit exclusion for residential and commercial property insurance policies).
If you have a denied, delayed, or underpaid property claim, it’s worth getting current, fact-specific guidance early especially because today’s rules and incentives are not the same as they were a few years ago.
To learn more about your rights and how we help Florida homeowners with insurance disputes, contact at us at vargasgonzalez.com
