Storm Roof Leak: Tarp, Document, and Florida's Rules

After a storm opens your roof, three things matter: protect the home from more rain and keep records of what was done, know that most policies expect reasonable temporary steps, and know the claim notice window. Florida's "25% roof rule" was changed, so a roof built or redone under the 2007 Florida Building Code or later is no longer automatically a full replacement.

1. Stop the next rain first, and photograph everything

Safety comes before paperwork. Stay off a wet or damaged roof, and keep clear of ceilings that are bulging or dripping near light fixtures. Your matched company can talk through temporary protection such as a tarp. CFDR is a referral service: it does not do the work, and the homeowner pays CFDR nothing.

Before anything is covered or moved, take dated photos and video of the roof opening, the ceiling stains, wet insulation and damaged belongings. Take a second set after temporary protection goes on, and keep the receipts. A before-and-after record shows what the storm did and what you did about it, which is what an adjuster will ask about. If a tarp is installed, ask the matched company to describe in writing what was covered and where. More on the emergency steps: roof leak emergency and emergency roof tarping.

2. What the "duty to mitigate" means in a policy

Most homeowner policies put this in a condition called Duties After Loss. As one example, the Tower Hill HO-3 form (edition TH HO-3 06 13) tells the insured to "Protect the property from further damage" and, if repairs are required, to "Make reasonable and necessary temporary repairs to protect the property" and "Keep an accurate record of repair expenses." The same list includes giving prompt notice and cooperating in the investigation. This is one form used as an example, not a recommendation of any insurer.

Your policy may word it differently. Read your own Duties After Loss section, and ask your insurer or agent which emergency costs it reimburses. Do not assume the insurer will pay for a tarp; that depends on your policy and your claim. See temporary repairs and insurance in Florida and whether insurance covers a roof leak.

3. A temporary fix is not a permanent one

A tarp or temporary patch keeps water out. It is not a repair. Roof work that changes the roof covering generally has to meet the building code, so your matched company or a roofer can tell you what a permanent repair involves in your city or county. Keep temporary-protection invoices separate from permanent-repair estimates so each can be shown on its own.

4. The "25% rule" for roofs, and what changed

For many years the Florida Building Code, Existing Building volume, limited how much of a roof could be repaired, replaced or recovered in a 12-month period (25 percent of the roof area or roof section) before the whole roof system or section had to be brought up to current code. A repair above that line could trigger a full replacement.

Section 553.844(5), Florida Statutes, now carries an exception. Notwithstanding any contrary provision in the Florida Building Code, if an existing roofing system or roof section was built, repaired or replaced in compliance with the 2007 Florida Building Code or a later edition, and 25 percent or more of it is being repaired, replaced or recovered, only the repaired, replaced or recovered portion must be constructed to the code in effect. The statute says a local government may not adopt an amendment to this exception. The statute's history note shows its most recent amendment was ch. 2022-269.

In plain terms: for a roof built or redone under the 2007 code or later, a large repair does not by itself force the whole roof up to current code. A roof that predates that is a different situation, and which code edition applies to your permit is a question for your local building department. Neither the code nor the statute decides whether your insurer pays for a full replacement; your policy and your claim do.

5. Claim notice: the deadlines in s. 627.70132

For a property insurance claim or reopened claim (not a supplemental claim), s. 627.70132 bars the claim unless notice is given to the insurer in accordance with the terms of the policy within 1 year after the date of loss. For a supplemental claim, the window is 18 months after the date of loss. A supplemental claim is additional loss or damage from the same peril the insurer already adjusted, or costs incurred during repairs under an open, timely noticed claim.

For weather events such as hurricanes, tornadoes, windstorms or severe rain, the statute sets the date of loss as the landfall date or the date NOAA verifies the event. Your policy may also ask for "prompt notice," so do not wait for the outer limit. Notice to the insurer is the policyholder's step; CFDR is not involved in your claim with the insurer. The Florida claim guide covers the deadlines in more detail.

A simple order of operations

1. Make the situation safe, and call 911 for any fire or electrical hazard. 2. Photograph and video the damage before temporary protection goes on. 3. Have your matched company put temporary protection on and describe it in writing. 4. Photograph again and keep every receipt. 5. Report the loss to your insurer promptly and note the date and who you spoke with. 6. Get permanent-repair estimates separately.

Frequently asked questions

Does a tarp mean I can skip the claim? No. Temporary protection is not a repair, and the notice deadline in s. 627.70132 still runs from the date of loss.

Does the 25% rule force my insurer to pay for a new roof? No. The rule is a building code provision about how much of a roof must meet current code. It does not set what your policy pays.

Is the claim deadline always one year? For a claim or reopened claim the statute says 1 year, and for a supplemental claim 18 months. Your policy can require earlier notice, so report promptly.

Get matched

Call or text CFDR at 321-420-7274 and Ryan Solberg matches you with a restoration company. Ask the matched company for its arrival time and a written description of any temporary protection. CFDR is a referral service, not FEMA and not a contractor. This post is not legal advice; check your policy and your local building department. Serving Orlando and eight other Central Florida counties.