Florida Public Adjuster Law
Statute 626.854 explained in plain English. What public adjusters can and can't do, fee caps, contract rules, and your rights as a policyholder.
Florida public adjusters are regulated under Florida Statute 626.854 and the broader Florida Insurance Code. The Florida Department of Financial Services (DFS) administers licensing and discipline. The rules exist to protect policyholders and ensure adjusters meet professional standards.
Definition: What is a Public Adjuster?
Florida defines a public adjuster as any person — other than a licensed attorney, an insurance company adjuster, or an independent adjuster contracted to the carrier — who, for compensation, acts on behalf of an insured to investigate, prepare, file, or settle a first-party property insurance claim.
Licensing Requirements
- Pass a pre-licensing course (40+ hours) and state exam
- Maintain a $50,000 surety bond
- Pass fingerprint and background check
- Complete continuing education (24 hours every 2 years)
- Hold an active license through the DFS
Verify any adjuster's license: myfloridacfo.com/division/agents
Fee Caps (FL Statute 626.854(11))
- Declared emergency claims (hurricane, etc.) — capped at 10% of any additional payment during the first year after the loss
- After year 1 on emergency claims — capped at 20%
- Non-emergency claims — no statutory cap; typically 10–20% by industry practice
- The fee is contingent on additional recovery beyond what the insurer initially offered
Contract Requirements (FL Statute 626.8796)
Every public adjuster contract in Florida must contain:
- The adjuster's full name and active Florida license number
- Fee or compensation terms
- Scope of work and services to be performed
- 3 business day right of cancellation in 18-point bold type
- Signatures of both parties
- A copy must be filed with the DFS within 30 days
Solicitation Restrictions
Florida restricts when public adjusters may approach policyholders after a disaster:
- 48-hour blackout: no in-person solicitation at the loss site during the first 48 hours following a declared state of emergency
- No misleading advertising or guarantees of specific settlement amounts
- No undisclosed kickbacks or referral fees
What Public Adjusters Cannot Do
- Practice law (cannot litigate, file lawsuits, appear in court)
- Adjust claims for an insurer (different license type required)
- Advertise themselves as "insurance experts" without proper licensing
- Charge fees on payments made before the contract was signed
Your Rights as a Policyholder
- You can hire — or fire — a public adjuster at any time (subject to contract terms)
- You can cancel within 3 business days, no questions asked
- You can verify the adjuster's license before signing
- You can request the contract in writing (required by law)
- You retain the right to settle directly with the insurer if you choose
This page summarizes Florida law for general information. It is not legal advice. For interpretation of statutes specific to your situation, consult a Florida attorney. Statutes are subject to amendment by the Florida Legislature.
Frequently Asked Questions
What law regulates public adjusters in Florida?
Florida Statute 626.854 — part of the Florida Insurance Code — defines what a public adjuster is, who can act as one, licensing requirements, contract requirements, fee caps, and prohibited conduct.
Are public adjusters licensed in Florida?
Yes. Florida public adjusters must hold a license from the Florida Department of Financial Services (DFS). Licensing requires a pre-licensing course, exam, surety bond, fingerprint background check, and continuing education. Verify any adjuster's license at myfloridacfo.com/division/agents.
What is the maximum public adjuster fee in Florida?
For declared emergency claims (e.g., hurricane), Florida Statute 626.854(11) caps the public adjuster fee at 10% of the additional insurance settlement during the first year after the loss. After year one, the cap is 20%. Non-emergency claims are not statutorily capped but typically run 10–20%.
Can I cancel a public adjuster contract in Florida?
Yes. Florida law gives policyholders an unconditional 3-business-day right to cancel a public adjuster contract without penalty. The contract must contain notice of this right.
Are public adjusters allowed to solicit hurricane claims door-to-door?
There are restrictions. Florida prohibits in-person solicitation by public adjusters of any insured at the loss site during the first 48 hours following a state-of-emergency event. The intent is to protect victims from high-pressure sales after disasters.
What must be in a Florida public adjuster contract?
Per FL Statute 626.8796: the licensee's full name and license number, fee/compensation terms, scope of work, the 3-day right of cancellation in 18-point bold type, and signatures of both parties. A copy must be filed with the DFS.
Work With a Licensed Florida Public Adjuster
Dolphin Claims is FAPIA member, BBB accredited, and fully licensed under Florida Statute 626.854.