In short: In Speed Dry v. Anchor Property & Casualty Insurance Co., 302 So. 3d 463 (Fla. 5th DCA 2020), the insurer argued a homeowner could not assign hurricane claim benefits on a homestead. The Fifth DCA disagreed: an assignment transfers contract rights, not title, so Article X, § 4(c) does not apply. Review was denied. Assignments are now void for policies issued on or after Jan. 1, 2023.
The Facts
Wayne Parker’s homestead, insured by Anchor, was damaged by Hurricane Irma in September 2017.
Parker signed a work authorization and assignment of benefits with Speed Dry, letting the company do the repairs, deal with the insurer and be paid directly.
Anchor rejected Speed Dry’s estimate, and Speed Dry sued on the policy.
Anchor argued Speed Dry had no standing because Article X, § 4(c) allows homestead to be alienated only by mortgage, sale or gift, and insurance proceeds share homestead protection.
The trial court agreed and entered summary judgment for Anchor.
The Decision
The Fifth District Court of Appeal reversed (Case No. 5D19-3055, Aug. 21, 2020; opinion by Judge Orfinger).
“Alienation” is a real-property term meaning a transfer of title. An assignment of post-loss benefits transfers rights under an insurance contract and conveys no interest in the home itself.
Cases like Chames v. DeMayo rest on § 4(a), the forced-sale and lien protection, and Speed Dry sought no lien or forced sale.
The court certified a question of great public importance to the Florida Supreme Court. Review was denied (No. SC20-1382, Sept. 29, 2020), and the Fourth DCA later followed Speed Dry.
The Law
Current law (2026): § 627.7152(13), added in the December 2022 special session (ch. 2022-271), makes an assignment of post-loss benefits under a residential or commercial property policy issued on or after January 1, 2023 void and unenforceable, with narrow exceptions. Speed Dry now matters mainly for older policies.
Homeowners can still hire contractors and pay them from claim proceeds; they just cannot hand the claim itself to the contractor under newer policies.
Lessons
- Homestead protections are about title and creditors. They do not stop a homeowner from making ordinary contracts about insurance money.
- Check the policy issue date before signing anything a contractor calls an assignment. For 2023 and later policies it is void.
- A certified question that the Supreme Court declines leaves the district court’s answer in place.
- In probate, insurance proceeds on a decedent’s homestead can raise similar questions about who controls the claim.
Source: Opinion, Speed Dry, Inc. v. Anchor Prop. & Cas. Ins. Co., 302 So. 3d 463 (Fla. 5th DCA 2020)
Watch the Oral Argument
This is the recording of the oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Can a Homeowner Assign Insurance Benefits on Homestead? Article X, Section 4(c) | Speed Dry v. Anchor, 5D19-3055
Go Deeper
- Purge Paid, But Homestead Still Ordered Sold for Child Support? (Pacin v. Granja)
- Divorce Deal vs. Survivorship: Who Gets Joint Property When an Ex Dies? (Ebanks v. Ebanks)
- Testamentary Capacity in Florida: When Dementia Makes a Will, Deed, or POA Invalid
Frequently Asked Questions
Can I assign insurance benefits on my Florida homestead?
For policies issued before 2023, Speed Dry says homestead law does not bar it. For policies issued on or after January 1, 2023, § 627.7152(13) voids most assignments.
What is an assignment of benefits?
An agreement transferring the right to collect insurance claim proceeds to someone else, usually a repair contractor.
Does homestead protection cover insurance proceeds?
Florida courts have extended homestead protection to some proceeds against creditors, but Speed Dry holds that protection does not stop the owner from voluntarily assigning them.
Did the Florida Supreme Court decide the Speed Dry question?
No. It declined review in 2020, leaving the Fifth DCA’s decision in place.
Talk to a Florida homestead and probate lawyer
Weidner Law, P.A. handles Florida homestead, probate and real estate disputes from St. Petersburg. If you need a probate real estate lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: the full Florida Probate Code and Probate Rules and the Florida Trust Code are on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
