Florida Public Adjuster Contract

Before a Florida public adjuster can assist the policyholder with their insurance claim, both the insured and the adjuster must sign a contract. In additon to the limitation on what a Florida public adjuster can charge for his/her services, Florida Statute requires other specific information to be included within a Florida Public Adjuster's Contract. Below you will find the requirements and the statute or Rules that demands this information be included.

A Florida public adjuster's contract must contain:

A specified fraud statement.

The name of the public adjuster as listed in DFS records, who solicited the claim.

The permanent address of the public adjuster

The public adjuster's phone number

The public adjuster's license number

The insured's full name

The insured's street address

The address of the loss.

A brief description of the loss

The percentage amount of the public adjuster's fee.

The type of claim including emergency, non-emergency, or supplemental claim

The signature of the public adjuster.

The signature of named insureds.

The date the contract was signed.

If all named insured are not available to sign the contract, an affidavit must be provided.

The affidavit must contain specific language.

An unaltered copy of the contract is to be remitted to the insurer with 30 days

A copy of the public adjuster's contract must be given to the insured

The name of the insurer and the policy number if available

Any additional cost due the public adjuster

The public adjuster who solicited the claim must sign the contract.

626.854 Public adjuster Contract

(11)(a) If a public adjuster enters into a contract with an insured or claimant to reopen a claim or file a supplemental claim that seeks additional payments for a claim that has been previously paid in part or in full or settled by the insurer, the public adjuster may not charge, agree to, or accept from any source compensation, payment, commission, fee, or any other thing of value based on a previous settlement or previous claim payments by the insurer for the same cause of loss. The charge, compensation, payment, commission, fee, or any other thing of value must be based only on the claim payments or settlement obtained through the work of the public adjuster after entering into the contract with the insured or claimant. Compensation for the reopened or supplemental claim may not exceed 20 percent of the reopened or supplemental claim payment. In no event shall the contracts described in this paragraph exceed the limitations in paragraph (b).

(b) A public adjuster may not charge, agree to, or accept from any source compensation, payment, commission, fee, or any other thing of value in excess of:

1. Ten percent of the amount of insurance claim payments made by the insurer for claims based on events that are the subject of a declaration of a state of emergency by the Governor. This provision applies to claims made

during the year after the declaration of emergency. After that year, the limitations in subparagraph 2. apply.

2. Twenty percent of the amount of insurance claim payments made by the insurer for claims that are not based on events that are the subject of a declaration of a state of emergency by the Governor.

(c) Any maneuver, shift, or device through which the limits on compensation set forth in this subsection are exceeded is a violation of this chapter punishable as provided under s. 626.8698.

626.8796 Public adjuster contracts; fraud statement

(1) All contracts for public adjuster services must be in writing and prominently display the following statement on the contract: “Pursuant to s.817.234, Florida Statutes, any person who, with the intent to injure, defraud, or deceive an insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree, punishable as provided in s.775.082, s.775.083, or s.775.084, Florida Statutes.”

(2) A public adjuster contract relating to a property and casualty claim must contain the full name, permanent business address, and license number of the public adjuster; the full name of the public adjusting firm; and the insured’s full name and street address, together with a brief description of the loss. The contract must state the percentage of compensation for the public adjuster’s services; the type of claim, including an emergency claim, nonemergency claim, or supplemental claim; the signatures of the public adjuster and all named insureds; and the signature date. If all of the named insureds’ signatures are not available, the public adjuster must submit an affidavit signed by the available named insureds attesting that they have authority to enter into the contract and settle all claim issues on behalf of the named insureds. An unaltered copy of the executed contract must be remitted to the insurer within 30 days after execution. A public adjusting firm that adjusts claims primarily for commercial entities with operations in more than one state and that does not directly or indirectly perform adjusting services for insurers or individual homeowners is deemed to comply with the requirements of this subsection if, at the time a proof of loss is submitted, the public adjusting firm remits to the insurer an affidavit signed by the public adjuster or public adjuster apprentice that identifies:

(a) The full name, permanent business address, and license number of the public adjuster or public adjuster apprentice.

(b) The full name of the public adjusting firm.

(d) An attestation that the compensation for public adjusting services will not exceed the limitations provided by law.

(e) The type of claim, including an emergency claim, nonemergency claim, or supplemental claim.

69B-220.051(5) Required Contract Terms.

(5) Required Contract Terms. Public adjusters shall ensure that all contracts for their adjusting services contain the terms required by Sections 626.854 and 626.8796, F.S., and the following information:

(a) The insured’s phone number, if available.

(b) The address of loss if different from the insured’s current street address.

(d) The insured’s insurance company name and policy number, if available.

(e) All methods of compensation and all fees or other amounts required to be paid by the insured to the public adjuster shall be stated in the contract.

(f) Any costs to be reimbursed to the public adjuster out of the proceeds shall be specified in either the contract or an addendum to the contract, which shall be signed and dated by the parties.

(6) The contract must be signed by the public adjuster who solicited the contract. A copy of the contract and any addendum thereto, signed by all parties, shall be provided to the insured or claimant at the time he or she signs the contract.