The High Court will resolve the dispute among Florida’s District Courts which have issued conflicting rulings.

Since its enactment in 2021, Florida Statute § 627.70152 has sparked debate  about whether it applies retroactively. The statute established an impactful condition precedent by requiring all claimants under residential or commercial insurance policies to file a Notice of Intent to Initiate Litigation with the Florida Department of Financial Services before filing suit.

The Fourth District Court of Appeal was the first to address the question of whether Florida Statute § 627.70152 applied retroactively to policies in effect prior its enactment. In Cole v. Universal Prop. & Cas. Ins. Co., 363 So. 3d 1089 (Fla. 4th DCA 2023), the court held that the pre-suit requirement of Florida Statute § 627.70152 was procedural in nature and expressed a clear legislative intent to apply retroactively to policies in effect before the statute was enacted. In February 2024, Florida’s Third District Court of Appeal reached a similar finding in Cantens v. Certain Underwriters at Lloyd’s London, Etc., 388 So. 3d 242 (Fla. 3d DCA 2024).

However, the foregoing decisions are at odds with Florida’s Second and Sixth District Courts of Appeal. The Sixth District certified the conflict with Cole in Hughes v. Universal Property & Casualty Insurance Company, 374 So. 3d 900, 910 (Fla. 6th DCA 2023). In Cole, the court held that the notice statute cannot apply retroactively to policies in effect prior to its effective date because the Statute lacked clear legislative intent and was substantive in nature. This was upheld the following year in Sulzer v. American Integrity Ins. Co. of Fla., 2024 WL 79882 (mem) (Fla. 6th Jan. 8, 2024) (reversing the trial court’s order granting the insurer’s motion to dismiss and remanding based on findings consistent with Hughes). 

The Second District aligned with the Sixth District’s disposition in Buis v. Universal Property & Casualty Insurance Co., 394 So. 3d 738 (Fla. 2d DCA 2024) when it rejected that Florida Statute § 627.70152 applied retroactively. Most recently  Brown v. Safepoint Insurance, 2025 WL 727774 (Fla. 2d DCA Mar. 7, 2025) followed the line established in Buis.

This divergence in judicial interpretations across jurisdictions warrants Florida Supreme Court review of the conflicting rulings. A review of the Hughes decision and a forthcoming ruling is expected this year.

Check back soon for an update once a decision is made.