Florida Public Adjuster Contracts: Fee Exceptions and Cancellation Rights
The percentage is only part of the contract. Your coverage type, payment dates, written commitments, and cancellation instructions can change the result.
By AdjusterAlly··3 min read·Updated
What should you check before signing a Florida public adjuster contract?
Check the adjuster's license, the exact services, the payment amounts used to calculate the fee, and the cancellation instructions. Record what the insurer has already paid or promised in writing. Florida has fee exceptions that a simple percentage quote can miss, so request the calculation for each relevant coverage part.
This guide is for residential property and condominium unit-owner policyholders. Florida Statutes § 626.854(19) limits the application of subsections (5)-(18), including the fee and cancellation rules discussed here. Do not automatically apply this guide to a commercial policy or association master policy.
Sources were checked September 3, 2026. Policy wording, dates, and facts matter; this article cannot decide what your particular contract permits.
Is the Florida public adjuster fee cap always 20%?
No. For the policies covered here, 20% is the general ceiling and 10% applies to qualifying emergency-event claims made during the following year. Separate rules can reduce the permitted fee further. Ask the adjuster to identify both the applicable limit and the specific payments included in the calculation.
The Florida Department of Financial Services disaster guidance explains the standard and emergency limits. A declared emergency does not make every unrelated claim eligible for the lower rate. Confirm the event, declaration date, and claim timing rather than relying on a storm-season label.
1% limit: A coverage part reaches its policy limit through payment or written commitment within 14 days after loss or 10 days after contract execution, whichever is later.
0% limit: The insurer pays or agrees in writing to pay a coverage part before the public adjusting contract is executed.
also describes these exceptions. Keep the insurer's dated letters as well as bank records. A payment commitment can matter before the money arrives.
How do you make the fee calculation checkable?
Ask the adjuster to list each coverage part, its limit, the payment or written commitment date, and the proposed fee. Separate amounts already addressed by the insurer from amounts the adjuster will pursue. Request a written explanation of each exclusion or exception before accepting one percentage for the entire claim.
Prepare a payment worksheet with one entry per insurer payment or commitment:
Coverage part and policy limit, copied from the policy rather than recalled from memory.
Amount paid or promised, with the letter or payment document attached.
Date of loss and date the public adjusting contract was signed.
Proposed rate, proposed fee base, and resulting fee in dollars.
Items the adjuster says are excluded, and the reason for the exclusion.
Any unresolved question that needs a written explanation or legal advice.
For example, multiplying a proposed 10% fee by an assumed $40,000 fee base produces $4,000. That arithmetic does not establish that $40,000 is the lawful base or that 10% is the applicable limit. Verify both inputs before comparing proposals. A mathematically correct invoice can still rest on the wrong facts.
Under § 626.854(11)(a), (c)-(d), deductibles are excluded, additional-living-expense compensation needs separate affirmative agreement, and reopened or supplemental claim fees cannot be based on previous payments. Applicable limits still govern.
What documents should you receive?
Florida Statutes § 626.8796 sets contract requirements. Look for the adjuster and firm license information, policyholder details, loss description, claim type, compensation percentage, required signatures, and dates. The adjuster must provide an unaltered executed copy when you sign and send a copy to the insurer within seven days.
The same statute requires a separate claim-process disclosure before signing. It explains, among other things, that hiring a public adjuster is optional, the adjuster is not the insurer's representative, and the fee is your responsibility. DFS's July 2026 compliance guidance identifies the required disclosure as Form DFS-H1-1982.
Before leaving a meeting or closing an electronic signing session:
Download every page, attachment, and disclosure.
Check that the saved version contains the completed fields and signatures.
Save the signing confirmation or timestamp in your claim folder.
Locate the exact mailing address for cancellation and a working contact for questions.
Ask how you will receive the inspection findings, estimate, and progress updates.
Do not rely on a screenshot of the percentage line or a salesperson's text message as your only contract record.
How long do you have to cancel?
You generally have 10 days after signing to cancel without penalty or obligation. For a contract based on a Governor-declared emergency event, compare 30 days after the loss with 10 days after signing; the longer window applies. Follow the written mailing requirements and retain proof rather than relying on a call.
Record both dates immediately if an emergency event is involved. If you are unsure when a period expires, contact DFS or a qualified attorney promptly instead of assuming weekends add time. Keep a copy of the notice, the mailing receipt, tracking details, and any reply together. An acknowledgment is useful evidence, but do not delay sending notice while waiting for one.
What if the adjuster does not provide an estimate?
Florida also provides a cancellation route if the required written estimate is not supplied within 60 days, subject to an exception for factors beyond the adjuster's control. That cancellation window ends when the estimate is provided. Request the estimate and preserve the correspondence rather than treating every delay as an automatic release.
The DFS July 2026 contract guidance explains this required notice, including the exception and the end of the cancellation period. The consumer checklist describes an itemized repair estimate covering materials, labor, equipment, and supplies.
Ask when the estimate was sent, who received it, and how to obtain your copy. Save the actual document and transmission record. If the firm claims circumstances beyond its control, ask it to describe them in writing. Bring those records to DFS or counsel if you need help assessing cancellation.
What should you ask during the first consultation?
Which particular damage or payment issue would your firm work on?
Who will inspect, prepare the estimate, and communicate with the insurer?
Which payment documents do you need before quoting a fee?
What happens to the fee if no additional money is recovered?
Which other professionals might be involved, what would they cost, and who authorizes their work?
How will you explain a coverage disagreement that needs an attorney's advice?
For contracts after July 1, 2023, DFS explains that charging you for third-party claim services requires the specified separate written agreement after the adjusting contract. Ask about extra costs before approving any work.
Start with Florida's official public adjuster guidance to check licensing expectations, and use the Florida directory to compare firms. A useful consultation produces an understandable scope and checkable fee calculation, not pressure to sign before you have read the documents.
Key facts
This guide covers residential property and condominium unit-owner policies; the cited fee and cancellation provisions have a specific statutory scope.
Do not stop at the headline percentage: review earlier payments, policy-limit commitments, covered services, and the fee calculation for each coverage part.
Save the complete contract and disclosure, proof of when you signed, and any cancellation mailing records.
Official Florida sources checked September 3, 2026. This is consumer information, not an attorney review of your agreement.
