What the Florida 25% roof rule says
The Florida 25% roof rule comes from the Florida Building Code – Existing Building, section 706.1.1. In substance, it has long provided that not more than 25% of the total roof area or a roof section of an existing building may be repaired, replaced or recovered in any 12-month period unless the entire existing roofing system or roof section is replaced to meet the current code.
Put simply: under the traditional rule, if a storm damaged more than a quarter of a roof section, the building department could require that whole section be replaced to current code, not just patched. Because a roof replacement costs far more than a repair, the rule became one of the most argued-over issues in Florida roof claims.
The 2022 change: s. 553.844(5)
In a 2022 special session, the Legislature added subsection (5) to s. 553.844, Florida Statutes (ch. 2022-269, Laws of Florida). It says that, notwithstanding any contrary Florida Building Code provision, if an existing roofing system or roof section was built, repaired or replaced in compliance with the 2007 Florida Building Code requirements, and 25% or more of it is being repaired, replaced or recovered, only the repaired, replaced or recovered portion must be built to the code currently in effect.
The Florida Building Commission must adopt the exception, and local governments may not amend it by ordinance.
| Your roof | If 25% or more of a section needs work |
|---|---|
| Built, repaired or replaced in compliance with the 2007 Florida Building Code (generally, newer permitted roofs) | Only the repaired portion must meet current code (s. 553.844(5)) |
| Older roof not built to 2007-code requirements | The traditional rule may still require the whole roof section to be replaced to current code |
Tip: Permit records matter. Many roofing references treat roofs permitted after the 2007 code took effect (March 1, 2009) as meeting the requirement, but your local building official decides what applies to your property. Get your permit history from your city or county.
How the percentage is measured
- Roof section, not just the whole roof. The code measures against the total roof area or a roof section. Sections are commonly separated by features such as expansion joints, parapet walls, changes in elevation or roof type.
- A 12-month window. Repairs within a 12-month period can be added together, so two smaller storm repairs can cross the threshold.
- Tie-ins. Work needed to properly tie new materials into existing roofing is often excluded from the calculation.
- Covered vs. total damage. Insurers typically look only at covered damage when they compute the percentage. If they exclude some areas as wear and tear, the percentage drops – another reason to dispute an overbroad wear and tear roof denial.
Who pays for code-required work?
Code-driven costs are not automatically covered by the basic dwelling coverage. Three provisions usually decide who pays:
Law and ordinance coverage
Under s. 627.7011(1)–(2), insurers must offer homeowners policies with law and ordinance coverage limited to 25% or 50% of the dwelling limit. If you didn’t reject it in writing, the policy is deemed to include law and ordinance coverage at 25% of the dwelling limit. This coverage generally pays the added cost of bringing damaged parts of the home up to current code.
Note that this “25%” is a different number – a coverage limit as a percent of your dwelling limit – not the building-code repair threshold.
Code betterment under s. 626.9744
Unless the policy specifically excludes or limits it, s. 626.9744(1) says a homeowner on a repair or replacement cost policy may not be required to pay for betterment required by ordinance or code, other than the deductible.
Matching
Even below the 25% line, s. 626.9744(2) can require reasonable replacement of adjoining areas when new materials won’t match in quality, color or size. See our roof damage insurance claim Florida guide for matching disputes.
Using the 25% rule in a claim
- Get the insurer’s estimate and calculate the percentage of each roof section it treats as damaged.
- Have a licensed roofer measure the damaged area per section and explain whether the 25% rule or the s. 553.844(5) exception applies.
- Pull permit records to show when the roof was installed and under which code.
- Ask your local building department how it applies the rule to your roof type.
- Check your declarations page for the law and ordinance limit, and any roof payment schedule or ACV endorsement.
- If the insurer refuses to account for code requirements, consider mediation, appraisal on the amount, or a legal review. See options after a roof leak claim is denied or underpaid.
FAQ
Does the 25% rule still exist in Florida?
Yes, but it is narrower. Under s. 553.844(5), roofs built, repaired or replaced in compliance with the 2007 Florida Building Code only need the repaired portion brought to current code. Older roofs can still be subject to the traditional section-replacement rule.
Does the 25% rule mean insurance must pay for a new roof?
Not automatically. The rule affects what the building code requires; whether insurance pays depends on whether the damage is covered and on your policy’s law and ordinance coverage and any code betterment limits.
Is the 25% calculated on the whole roof or one slope?
The code refers to the total roof area or a roof section. How a section is defined for your roof is a technical question for your roofer and local building official.
Can two storms add up to 25%?
The code uses a 12-month period, so repairs within that window can be combined. How an insurer handles two separate claims in that period is often disputed.
Sources: Florida Statutes ss. 553.844(5), 626.9744, 627.7011 (2026), via flsenate.gov; Florida Building Code – Existing Building s. 706.1.1 (wording summarized; check the edition adopted for your permit).