What a Public Adjuster Can and Cannot Do in Florida

The legal definition, in plain words

Florida defines a public adjuster in Fla. Stat. s. 626.854(1). In short, it is anyone who, for pay, prepares, completes or files an insurance claim for you, helps you negotiate or settle a claim for covered loss or damage, or advertises to do that work. Licensed attorneys are exempt from the definition.

The law also says why it regulates this work: to protect the public and to prevent the unauthorized practice of law. Except for attorneys and licensed, appointed public adjusters, no one may do these things for pay, including offering to negotiate a claim for you (s. 626.854(20)). Someone who only photographs or inventories damaged personal property is not a public adjuster, as long as they do not also try to adjust or settle the claim.

Who they work for

Several kinds of adjusters can touch the same claim. A company employee adjuster works on the insurer’s staff. An independent adjuster is not on the insurer’s staff but works on behalf of an insurer to work out what is owed (Fla. Stat. ss. 626.855, 626.856). Both work on the insurer’s side.

A public adjuster is on your side. The Florida Department of Financial Services puts it plainly: a public adjuster does not work for or represent your insurance company. DFS also says a public adjuster must put fair and honest treatment of the claimant above their own interests. For a side-by-side view, see our page on public adjuster vs. insurance adjuster.

What a public adjuster can do

Within the law, a public adjuster can handle most of the work of a property claim for you:

• Inspect the property and document the damage, inside and out.
• Review your policy and declarations page as they apply to the loss.
• Write an itemized estimate. On residential claims it is due within 60 days after the contract, priced per unit with materials, labor and supplies listed (s. 626.854(12)).
• Build the contents inventory and help you prepare the sworn proof of loss.
• Meet and talk with the insurer to reach agreement on the scope of the covered loss. On residential claims, the insurer must meet or communicate with your public adjuster for that purpose and may not shut them out of in-person meetings with you (s. 626.854(15)(a)).
• Work on a supplemental or reopened claim after an earlier payment, with the fee based only on new payments (s. 626.854(11)(a)).
• Bring in outside help, such as an engineer, if you agree in writing after signing the contract when the cost falls on you (s. 626.854(6)(b)).

How each firm does this work varies. Our process page shows how we handle inspection, documentation and negotiation.

Common tasks, and whether a Florida public adjuster may do them

What a public adjuster cannot do

Florida’s statute sets firm limits. A public adjuster may not:

• Give legal advice, or handle or help settle any claim for bodily injury, death or noneconomic damages (s. 626.854(3)).
• Give or offer you a loan or an advance (s. 626.854(9)).
• Give gifts above a small value set in the statute to get you to sign (s. 626.854(10)).
• Offer a rebate, gift card, cash, a deductible waiver or anything else of value in exchange for a roof inspection or a roof claim (s. 626.854(23)).
• Tell you that filing a claim is free of risk to you, invite you to file when you do not have covered damage, offer something of value to get you to file, or suggest the government sent or endorses the pitch (s. 626.854(8)(a)).
• Charge more than the fee caps, take a fee on your deductible, or take a fee on money the insurer paid before you signed (s. 626.854(11)).
• Use a contract or power of attorney that lets them choose who repairs your home (s. 626.854(18)).
• Block or delay the insurer’s reasonable access to you or the property (s. 626.854(15)(b), (c)).

License, exam and bond

A public adjuster in Florida needs a license from the Department of Financial Services. To get one, an applicant must pass the public adjuster exam and, among other requirements, have at least 6 months of continuous appointment in an adjusting role such as public adjuster apprentice, independent adjuster or company employee adjuster. They must also file a surety bond with the department and keep it in force while licensed (Fla. Stat. s. 626.865).

Firms are licensed too. You can look up both kinds of license on the DFS licensee search. As an example, Adjusterman LLC holds Public Adjusting Firm license W913130, and Michael Klavan holds Public Adjuster license P151443. Our guide on checking a public adjuster license walks through the search. You can read more about us on our About page.

Where other professionals fit

A public adjuster is one of several people who may help after a loss. Knowing where each role stops saves time:

• Attorneys handle legal questions, lawsuits, coverage denials on legal grounds and injury claims. Read public adjuster vs. attorney for how the two roles differ.
• Contractors estimate and do repairs. A licensed contractor may not advertise, offer or perform public adjuster services unless also licensed as a public adjuster (s. 626.854(16), (20)). See public adjuster vs. contractor.
• DFS mediation is a free, state-run program for many residential claim disputes. Adjusterman is not affiliated with DFS.

If you are trying to decide whether your claim needs a public adjuster at all, read when you need a public adjuster, and when you don’t.