For Hurricane Isaias repair jobs, check the policy date before relying on an AOB. Preserve any available lien rights from day one. Hurricane Isaias came ashore near Destin as a Category 2 storm on October 9, 2026, and Panhandle repair work is starting now. Many contractors still reach for the old playbook: get the homeowner to sign an assignment of benefits and collect from the insurer. Florida law has closed most of that door. What's left is your direct contract with the homeowner and your Chapter 713 lien rights, and those only protect you if you keep them alive from day one.
The AOB: what it offered, and what's left of it
An AOB let the contractor step into the homeowner's shoes and bill the insurance company directly. For contractors, the appeal was real:
- You dealt with the insurer, not a homeowner who might stall or disappear.
- The homeowner owed you little beyond the deductible and any upgrades they approved.
- You could start work fast without waiting on the homeowner's claim.
Florida took that apart in two steps.
2019 (HB 7065). AOBs became heavily regulated: written agreements, rescission rights, itemized estimates, notice to the insurer within 3 business days, pre-suit notice, and limits on attorney's fees. Emergency-work AOBs were capped at $3,000 or 1% of the dwelling limit, whichever is greater. Most important for you: accepting an AOB generally waives claims against the insured, including lien claims for payments arising from the assignment, subject to statutory exceptions. That waiver can survive rescission or a determination that the AOB is invalid (§ 627.7152(7)).
2022 reform, applying to policies issued on or after January 1, 2023 (SB 2-A). For residential or commercial property policies issued on or after January 1, 2023, a policyholder generally may not assign post-loss benefits, subject to statutory exceptions. Any attempt is "void, invalid, and unenforceable" (§ 627.7152(13)).
What that means for Isaias work. For a policy issued on or after January 1, 2023, a contractor AOB generally cannot transfer post-loss property insurance benefits. For an older policy, have counsel check whether an AOB is permitted and what rights it waives. Do not assume that an invalid AOB leaves all your other rights untouched.
One more limit worth knowing: Florida bars contractors from interpreting a homeowner's policy or adjusting their claim unless they hold a public adjuster license, with fines up to $10,000 per violation (§ 489.147). Stick to the work and your contract. If a qualifying emergency declaration applies, residential roof-repair contracts also have special cancellation and contract-notice rules (§ 489.147(6)).
What your lien rights give you
A licensed contractor who follows Chapter 713 has "a lien on the real property improved for any money that is owed" (§ 713.05). That's a claim against the house itself, not a promise from an insurer.
- It's secured by the property. A lien can secure eligible unpaid amounts under your contract; insurance coverage disputes do not, by themselves, determine whether lien rights exist.
- It's available when an AOB isn't. The 2023 ban doesn't touch your Chapter 713 rights.
- Homestead doesn't block it. Florida's homestead protection has an exception for debts "contracted for the purchase, improvement or repair" of the home (Fla. Const. art. X, § 4(a)).
- Attorney's fees can be recovered. The prevailing party in a lien action is entitled to a reasonable fee (§ 713.29).
- The paper trail works for you. A recorded lien is on the public record. A homeowner who wants to sell or refinance has to deal with it.
AOB vs. lien at a glance
On small screens, scroll the table sideways to read every column.
| Comparison | AOB | Chapter 713 lien |
|---|---|---|
| Policies issued on/after Jan 1, 2023 | Generally prohibited for contractor post-loss assignments (§ 627.7152(13)) | May be available if Chapter 713 requirements are met |
| Who you collect from | The insurer | The homeowner, secured by the property |
| Effect on your lien | Generally waives lien claims for assigned payments, with exceptions (§ 627.7152(7)) | It is your lien |
| Tied to insurance coverage | Yes | Based on eligible unpaid work and the contract; insurance funding alone does not determine lien rights |
| Homestead | Not relevant | Repair work is an exception |
| Attorney's fees | Limited for assignees (§ 627.7152(10)) | Prevailing party recovers (§ 713.29) |
| What can sink it | Paperwork defects, pre-suit rules | Missed deadlines, bad paperwork, overstated amount |
The catch: a lien is only as strong as your paperwork
Lien deadlines are strict, and some missed deadlines or defects can cost you your lien rights. Florida construction attorneys see the same story over and over: a contractor who was owed every dollar and lost the lien anyway because a step was missed.
The clocks that matter on a typical storm job:
On small screens, scroll the table sideways to read every column.
| Step | Deadline | Statute |
|---|---|---|
| Lien-law disclosure for covered direct contracts over $2,500 involving dwellings with up to four units | Include the statutory notice in at least 12-point bold capitals on the contract's front page or a separate page, signed and dated by the owner | § 713.015 |
| Required Notice to Owner from subcontractors and suppliers | Serve before starting or within 45 days after first furnishing labor, services or materials, and before the owner's final disbursement after receiving the contractor's final-payment affidavit | § 713.06(2)(a) |
| Record your claim of lien | Within 90 days after final furnishing of labor, services or materials; correcting deficiencies does not restart the clock | §§ 713.08(5), 713.01(12) |
| Serve the lien on the owner | Serve under § 713.18 before recording or within 15 days after recording | §§ 713.08(4)(c), 713.18 |
| Contractor's final payment affidavit | Deliver to the owner at least 5 days before filing a lien-enforcement action | § 713.06(3)(d) |
| File suit to enforce | Generally within 1 year after recording; a served Notice of Contest shortens the deadline to 60 days after service | § 713.22 |
| Show-cause summons | 20 days after service; seek counsel immediately about the enforcement action required before the summons's return date | § 713.21(4) |
These are general rules. Your role, contract, service method, termination and court papers can change what is required. Have counsel verify the actual dates.
The disclosure rule has exceptions, including specified contractor/developer owners; an oral or implied contract uses a document referencing the contract. A missing notice does not automatically prevent enforcement against an owner who was not adversely affected. Laborers are exempt from the Notice to Owner requirement, and required copies depend on the contracting chain. Direct contractors generally do not serve a Notice to Owner; mailing on day 45 is not a universal service safe harbor. A statutory termination situation can impose an earlier recording cutoff. Late lien service is not automatically fatal: § 713.08(4)(c) ties voidability to demonstrated prejudice.
A few other rules that trip contractors up:
- If a license is required, no license means no lien. Contractors, subcontractors and sub-subcontractors who are unlicensed under the applicable licensing statute cannot claim a lien (§ 713.02(7)). When the improvement's direct-contract price is $2,500 or less, special rules apply: § 713.02(5) exempts the improvement from Part I except § 713.05.
- Get the number right. A willfully exaggerated lien can be fraudulent and unenforceable, and willfully filing a fraudulent lien is a third-degree felony. Minor errors and good-faith disputes over the amount do not alone invalidate an otherwise valid lien (§ 713.31).
- A lien isn't a guarantee. Recovery is subject to contract-price and proper-payment rules. It generally sits behind a mortgage recorded before the Notice of Commencement, and enforcing it means a lawsuit where fees can run against you if you lose (§§ 713.06, 713.07(3), 713.29).
That's why the honest claim is that a lien can be stronger than an AOB, not that it always is. The difference is whether you kept your rights alive.
The mortgage company and the insurance check
After a storm, the claim check is often made out to both the homeowner and the mortgage company, which may hold the money and release it in stages as repairs are finished. Lenders generally want the repairs done and the title clean before the last draw, and lien releases are often part of that process.
A properly perfected lien puts your claim on the public record and may affect a lender's release of repair funds. Be clear about the limits, though: a lien generally does not take priority over a mortgage recorded before the lien's priority date, and it does not, by itself, require the lender to pay you (§ 713.07(3)). If no Notice of Commencement is recorded, priority generally dates from the claim of lien's recording. Don't promise customers, or yourself, more than that.
Planned tools for your project records
Picture a roofer walking into an attorney's office eight months after an Isaias job with a shoebox: some invoices, a few phone photos, a contract with no signed lien-law notice, and a supplier notice he thinks went out "sometime in October." The attorney asks when his last day was, whether the lien was recorded and served, and whether he gave the final payment affidavit. Too often the answer is "I'm not sure," and by then some of those gaps can't be closed. A missing disclosure signature alone does not automatically decide whether a lien can be enforced; counsel must assess the applicable requirements and any prejudice to the owner.
LienGuardian is being built to help you organize:
- Job information for reviewing potential lien eligibility under Chapter 713 with your attorney, based on your role and the property.
- Property-record lookup to help identify the owner and legal description for you to verify.
- Document preparation, including notices to owner and Notices of Commencement, for you to review and confirm.
- Deadline tracking based on the job dates you enter; verify all deadlines for your situation.
- Service records: a place to upload mailing receipts and record what went out and when.
Features are in development; availability at launch is not yet confirmed.
You make every decision. LienGuardian's goal is to keep the dates, documents and service records organized so you and your attorney can work from a clear file.
Read about planned Florida early access, or email info@lienguardian.ai with questions. An inquiry does not create an account, enroll you in a waitlist, or guarantee access or timing.