What’s Changing, What’s Pending, and Why Preparation Matters More Than Ever
Florida’s property insurance market has been through a period of rapid reform, recalibration, and stabilization. While much of the structural overhaul occurred in prior years, the 2026 legislative session is shaping up to introduce targeted procedural changes that could materially affect how property insurance disputes are handled — particularly for policyholders insured through Citizens Property Insurance.
For attorneys, adjusters, policyholders, and consultants, the key is not speculation, but clarity: understanding what is actually under consideration, when decisions will be made, and how to prepare regardless of outcome.
A Market Moving Toward Precision, Not Overhaul
Florida is not rewriting its property insurance framework wholesale in 2026. Instead, lawmakers are evaluating incremental adjustments that focus on consumer choice, procedural fairness, and transparency — without reopening the broader litigation and assignment reforms enacted in prior years.
This distinction matters. Incremental changes often have outsized practical effects, particularly in how claims are positioned, documented, and resolved.
The Key Issue to Watch: Citizens Dispute Resolution
What’s Under Consideration
One proposal moving through the 2026 legislative session would eliminate mandatory binding arbitration for Citizens Property Insurance policyholders, restoring the insured’s ability to choose whether disputes are resolved through arbitration or traditional court proceedings.
Importantly, this proposal does not mandate litigation. It simply restores choice of forum.
When Decisions Will Be Made
- Late February: Committee deadlines
- Early March: Final legislative action before session adjournment
- If passed: Effective date of July 1, 2026
In practical terms, the window for certainty is measured in weeks, not months. We will know by early March whether this change becomes law.
Likelihood
This proposal has advanced meaningfully and carries a realistic chance of passage, though it is not final. As with most Florida insurance legislation, outcomes remain contingent until the close of session.
What This Would Mean in Practice
For Attorneys
- Greater discretion in forum selection for Citizens claims
- Increased importance of early claim positioning
- Greater emphasis on documentation quality before disputes escalate
- Less reliance on forced administrative pathways
Choice of forum raises the bar on preparation — weak claims are exposed faster, strong claims benefit sooner.
For Policyholders
- More control over how disputes are resolved
- No automatic push toward litigation or arbitration
- Outcomes increasingly tied to preparation, not venue
Forum choice does not improve claims by itself. Well-supported claims do.
For Adjusters and Consultants
- Earlier scrutiny of claim materials
- Higher expectations for role clarity and compliance
- Documentation quality becomes decisive earlier in the claim lifecycle
As procedural flexibility increases, the tolerance for sloppy, inflated, or improperly framed claim support decreases.
What Is Not Happening (Yet)
A broader proposal to create a formal, administrative dispute-resolution system for property insurance claims was withdrawn early in the session. For now, Florida is not moving toward a comprehensive administrative claims adjudication model.
This reinforces an important reality: Florida continues to rely on existing legal and alternative dispute frameworks — placing greater weight on how claims are prepared, not simply where they are resolved.
Why Preparation Is the Real Advantage
Regardless of whether arbitration rules change, the direction of travel is clear:
- Claims are evaluated earlier
- Documentation is scrutinized sooner
- Role boundaries matter more, not less
- Outcomes increasingly reflect process discipline
For professionals involved in property claims, this environment rewards precision, neutrality, and clarity.
Where All Claims Fits
At All Claims, our consulting work is built around this reality. We support attorneys, adjusters, and policyholders by focusing on:
- Clear role separation
- Defensible, litigation-ready documentation
- Accurate scoping grounded in construction and code
- Early identification of issues that escalate disputes unnecessarily
Our goal is not to replace representation, but to strengthen it — ensuring claims are prepared in a way that holds up under increased procedural scrutiny, regardless of forum.
As Florida continues to fine-tune its property insurance framework, preparation — not escalation — remains the most reliable path to durable outcomes.
Final Takeaway
Florida’s 2026 legislative session is not about dramatic reform. It is about measured adjustments that reinforce an important truth: claims succeed or fail based on how they are built, not how loudly they are argued.
For attorneys, policyholders, adjusters, and consultants alike, awareness, discipline, and preparation are no longer optional — they are the differentiators.
Tony Allogia
President, All Claims Consulting
Expert. Neutral. Credible.