A State of Emergency and Your Insurance Claim

What a declaration is

Under Fla. Stat. s. 252.36(2), the Governor declares a state of emergency by executive order or proclamation when an emergency has happened or the threat of one is imminent. That is why declarations often come out before a storm reaches land. Each order must state the nature of the emergency and the areas threatened, so it names the counties it covers.

A declaration lasts until the Governor ends it, but no longer than 60 days unless renewed. Many are renewed again and again. The Governor’s 2026 executive orders, for example, include extensions of emergency orders first issued for hurricanes in 2024.

To find the order for your storm, check the Governor’s executive orders page or the Division of Emergency Management’s emergency orders page. The public adjuster rules below refer to the Governor’s declaration, so that is the order to look for.

The public adjuster fee cap drops

Florida caps what a public adjuster may charge on residential and condo unit owner claims (Fla. Stat. s. 626.854(11), (19)). After a declared emergency, the caps work like this:

• 10 percent of claim payments for claims based on events covered by a Governor’s state of emergency declaration. This applies to claims made during the year after the declaration. After that year, the 20 percent cap applies.
• 20 percent of claim payments for claims not tied to a declared emergency. Reopened and supplemental claims are capped at 20 percent of the new payment and may not go past the limits above.
• 1 percent for any part of the policy where the insurer pays or agrees in writing to pay the full limit within 14 days after the loss or within 10 days after the contract is signed, whichever is later.
• 0 percent on anything the insurer paid or agreed to pay before you signed the contract.

These are ceilings. A contract can set a lower rate, and the fee can never be based on your deductible. For more on fees, read what a public adjuster costs, and for what the contract must say, see the Florida public adjuster contract guide.

What a Governor’s declaration changes, and what it does not

You may get longer to cancel

Normally you can cancel a residential public adjuster contract without penalty within 10 days after signing. If the contract was based on events covered by a Governor’s declaration, the window is 30 days after the date of loss or 10 days after signing, whichever is longer (Fla. Stat. s. 626.854(7)).

The notice must be in writing and sent by certified mail, return receipt requested, or another mailing method that gives proof, to the address in the contract. Our guide on cancelling a public adjuster contract explains the steps.

What does not change: your reporting deadlines

Your own deadlines are not tied to the declaration. Under Fla. Stat. s. 627.70132, a new or reopened property claim is barred unless notice reaches the insurer within 1 year after the date of loss, and a supplemental claim within 18 months. For hurricanes, the date of loss is the date the hurricane made landfall. For tornadoes, windstorms, severe rain or other weather events, it is the date the National Oceanic and Atmospheric Administration verifies the event.

Condo associations have one more rule. Notice of a claim for loss assessment coverage must reach the insurer by the later of 1 year after the date of loss or 90 days after the association or its board votes to levy the assessment, and never later than 3 years after the date of loss (s. 627.70132(4)).

An emergency that is renewed for months does not move those dates. Our storm claim deadlines page and our post on how long you have to file cover each clock, including the separate rule for condo loss assessments.

The insurer’s deadlines can stretch

Residential insurers must acknowledge your communications within 7 calendar days and pay or deny a claim within 60 days after notice, unless factors beyond their control apply (Fla. Stat. s. 627.70131).

A declared state of emergency is one event that can count. If the Office of Insurance Regulation issues an order finding that the emergency leaves insurers reasonably unable to meet these deadlines in certain areas, it can give them extra time. The office may not extend the pay-or-deny period by more than 30 additional days (s. 627.70131(5)(a)). If your claim slows down after a big storm, ask the insurer in writing whether such an order applies to your claim.

Late money carries interest. A payment on an initial or supplemental claim made after the 60 days, or after any extra time an order allows, whichever is later, bears interest that runs from the date the insurer received notice of the claim (s. 627.70131(7)(a)).

Other things that come up after a declared storm

• Door-to-door solicitation. On residential claims, public adjusters may solicit only Monday through Saturday, 8 a.m. to 8 p.m. (s. 626.854(5)). That does not change during an emergency. The maximum fine for offering gifts, cash or other inducements tied to roof inspections or roof claims doubles when the violation happens during a declared emergency (s. 626.854(23)). See solicitation rules.
• Citizens policies. If Citizens Property Insurance Corporation insures you, its claims page lists how to report a claim at any hour and posts information for catastrophe events. See Citizens claims.
• An insurer that fails. If your insurer becomes insolvent, the Florida Insurance Guaranty Association, a nonprofit set up by the Legislature, handles covered claims. Its site lists insurers in liquidation. See what FIGA is.

Adjusterman is not affiliated with the Governor’s office, the Division of Emergency Management, Citizens, FIGA or any state agency. If storm damage hit your home or business and you are not sure what is covered, our hurricane claims page explains how we handle storm claims, and a free review can tell you whether you have covered damage.