Florida Public Adjuster Rules: Fee Caps, Contracts and Your Right to Cancel

10%. That's the most a Florida public adjuster can charge on a claim made in the year after the Governor declares a state of emergency, whether the emergency is a hurricane or anything else. Outside a declared emergency, the ceiling is 20%. And on any money your insurer paid before you signed the contract, the fee is zero. Those three numbers come from s. 626.854 of the Florida Statutes, and they're the first thing I'd check before signing anything in the Panhandle right now.

Hurricane Isaias came ashore near Destin on Oct. 9, 2026, as a Category 2 storm (Florida Division of Emergency Management). As of Oct. 27, about half of the homeowners claims insurers reported to state regulators were still open with no payment made (details below). If yours is one of them and you're weighing a public adjuster, every one of them in Florida works under the same rulebook. Read it before you sign.

Source: s. 626.854, Fla. Stat. (2026); Florida DFS, Public Adjusters

What a public adjuster is (and isn't)

Florida law defines a public adjuster as anyone (other than a licensed attorney) who, for pay, prepares or files an insurance claim for you, or negotiates the settlement on your behalf, no matter what they call themselves (s. 626.854(1)). They work for you, not your insurer, and you pay them out of the claim.

That's the key difference from the other adjusters you'll meet. The company adjuster and the independent adjuster your insurer sends are paid by the insurer. DFS puts it plainly in its disaster assistance guide: company adjusters won't ask you to sign a contract or charge you a fee. If someone asks you to sign a contract for a percentage of your claim, you're talking to a public adjuster, or to someone pretending to be one.

A few hard limits apply. A public adjuster can't give legal advice or handle bodily injury or death claims (s. 626.854(3)). They can't take part in repairing the property they're adjusting or have a financial stake in a repair or salvage company tied to the claim (s. 626.8795). And a roofer or general contractor can't act as your public adjuster unless they hold that license too (s. 626.854(16)); even then, they can't both adjust and repair the same house.

Source: s. 626.854, Fla. Stat. (2026); s. 626.8795; s. 626.865; s. 626.8796; DFS Disaster Assistance guide (June 2026)

Why this matters after Isaias

Governor DeSantis declared a state of emergency on Oct. 6, 2026, in Executive Order 26-202, three days before landfall, when the storm was still Tropical Depression Nine. That declaration (later amended for Isaias) is what switches on the lower 10% fee cap and the longer cancellation window for contracts tied to this storm.

The claims backlog is real. As of Oct. 27, insurers had reported 44,426 homeowners claims to the Office of Insurance Regulation (OIR). About half, 21,647, were still open with no payment made. Another 12,893 had closed without payment.

Open, no payment yet21,647Closed without payment12,893Closed with payment6,786Open, some payment made3,100

Source: Florida Office of Insurance Regulation, Hurricane Isaias claims data, data as of Oct. 27, 2026 (insurer-reported, homeowners line only)

Show the numbers

Status	Claims
Open, no payment yet	21,647
Closed without payment	12,893
Closed with payment	6,786
Open, some payment made	3,100

Those two big groups are exactly who public adjusters are soliciting: people still waiting for a decision, and people who got a "no." Closed without payment isn't the same as wrongly denied. OIR's own page lists damage below the deductible, flood damage outside a homeowners policy, and withdrawn claims among the common reasons. If you're in that group, read my post on what to do when a Florida home insurance claim is denied before you sign with anyone.

The fee caps, line by line

Subsection (11) of s. 626.854 sets the ceilings. Each one is a maximum, not a going rate. A public adjuster can agree to less, and you can ask.

Source: s. 626.854, Fla. Stat. (2026). Caps are calculated on payments to the insured, excluding attorney fees and costs.

Three things in that table trip people up.

The 10% window is about when the claim is made. The statute says the 10% cap "applies to claims made during the year after the declaration of emergency." For Isaias, with the declaration dated Oct. 6, 2026, that runs to roughly early October 2027. After that, the 20% cap applies. The contract itself has to say whether it's an emergency, nonemergency or supplemental claim (s. 626.8796(2)), so look for that box.

Money already paid is off the table. The cap is 0% on any coverage part your insurer paid, or agreed in writing to pay, before you signed. On a reopened or supplemental claim, the fee can only come from what the adjuster gets you after signing. If your insurer paid part of a coverage before the contract and more comes in after, ask the adjuster to show in writing which dollars the fee applies to, and take any disagreement to DFS or an attorney.

Watch the separate ALE form. Additional living expenses (hotel, extra food costs while you're displaced) are off-limits for a fee unless you sign a separate agreement with specific disclosure language. If a stack of papers includes an ALE agreement, know what it does before you sign it.

Any "maneuver, shift, or device" to get around the caps is itself a violation (s. 626.854(11)(f)), and DFS can fine a public adjuster up to $5,000 per act and suspend or revoke the license (s. 626.8698).

A hypothetical claim, with the math

Hypothetical example, not a real claim. Say Isaias tore shingles off your roof in Fort Walton Beach and water came through the ceiling. You filed in October. Your insurer paid $8,000 on the dwelling before you hired anyone. You think it's low, and in November you sign with a public adjuster, who files a supplemental claim for more. After the adjuster's estimate and some back-and-forth, the insurer pays another $32,000, for a total of $40,000 (all figures after your hurricane deductible).

Fee on the $8,000 paid before signing$010% cap: declared emergency, first year$3,20020% cap: no declared emergency$6,400

Source: Ceilings computed from s. 626.854, Fla. Stat. (2026), subsections (11)(a) and (11)(b)1.-2., applying DFS's statement that public adjusters cannot charge fees on payments made before the contract

Show the numbers

Scenario	Maximum fee
Fee on the $8,000 paid before signing	$0
10% cap: declared emergency, first year	$3,200
20% cap: no declared emergency	$6,400

Under DFS's reading (no fee on payments made before the contract, per its public adjuster page) and subsection (11)(a), the most you'd owe is $3,200: 10% of the $32,000 the adjuster's work produced, with nothing on the $8,000 already paid. The statute writes the 0% rule per coverage part, though: it applies to "any coverage part" the insurer paid or agreed in writing to pay before the contract. Since the $8,000 was paid on the dwelling coverage, the fee on that whole dwelling part could arguably be zero. Get the fee basis in writing before you sign. Either way, a contract taking 10% of the full $40,000, or $4,000, goes beyond what the law allows. The same claim with no declared emergency would have a ceiling of $6,400 under DFS's reading.

Two variations on the same hypothetical:

• Reopened claim. Your claim was settled, and a public adjuster reopens it and gets $15,000 more. Under (11)(a), the fee can only be figured on that $15,000. Inside the Isaias emergency year the 10% cap still controls, so the ceiling is $1,500; after that year it's 20%, or $3,000. The same caveat applies: if the earlier payment was on the same coverage part, the per-coverage-part 0% rule in (11)(b)4. could arguably cut that further, so get the fee basis in writing.
• Quick full-limit payment. Your dwelling limit is $300,000 and the house is a total loss. If the insurer pays or commits in writing to the full $300,000 within 10 days of the contract (and that's later than 14 days after the loss), the cap on that coverage part drops to 1%, or $3,000. Under the 10% cap it would have been $30,000.

Whatever the percentage, it comes out of money meant for repairs. DFS's guide says so directly: hiring a public adjuster doesn't guarantee a higher payout or faster handling, and the fee can shrink what's left for the roofer (DFS). Run your own version of this math before you sign.

Door knocks, flyers and what's off-limits

A public adjuster, or anyone working for one, can solicit you only Monday through Saturday, between 8 a.m. and 8 p.m. (s. 626.854(5)). No Sunday visits, no calls at 9 p.m. That applies "by any means," so phone calls and texts count, not just knocks on the door.

The statute also bans specific sales tactics. These are the ones I'd watch for in a hurricane zone:

Source: s. 626.854, Fla. Stat. (2026)

Printed flyers, mailers and newspaper ads from a public adjuster must carry a disclaimer in bold capitals: "THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT." If a flyer on your door doesn't have it, that tells you something.

Separately, DFS can discipline an adjuster for soliciting or taking advantage of someone who is "vulnerable, emotional, or otherwise upset" after a trauma (s. 626.8698(5)). A week after a hurricane, that describes a lot of people. You're allowed to say "leave your card" and close the door.

What the contract has to say

Florida is specific about the paperwork, and a contract that misses the requirements in s. 626.8796 is "invalid and unenforceable." Use this as a checklist:

Source: s. 626.8796, Fla. Stat. (2026); s. 626.854, Fla. Stat. (2026); DFS Public Adjuster Code of Ethics and Contract Checklist

The disclosure form matters more than people think. It has to tell you that you are not required to hire a public adjuster, that the adjuster doesn't work for your insurer, that the fee is your responsibility, and that you can still talk directly to your insurer, its adjuster or your own attorney. A public adjuster can't tell you to stay off the phone with your insurer, and can't talk you out of getting legal advice (DFS ethics checklist).

After you sign, the adjuster owes you a written, itemized, per-unit estimate within 60 days, and must answer a written or emailed status request within 14 days (s. 626.854(12) and (24)). The insurer, for its part, can't shut your public adjuster out of in-person meetings with you, and has to give at least 48 hours' notice before scheduling an inspection or meeting (s. 626.854(14)-(15)). Your adjuster also can't block the insurer's inspection.

Your right to cancel

You can cancel a public adjuster contract "without penalty or obligation" within 10 days after signing. When the contract is tied to a declared emergency, like Isaias, the window is 30 days after the date of loss or 10 days after signing, whichever is longer (s. 626.854(7)). There's a third exit: if the adjuster doesn't give you and your insurer a written estimate within 60 days of signing, you can cancel until the estimate shows up, unless the delay was outside the adjuster's control.

For Isaias, the date of loss is Oct. 9, 2026, so the 30-day clock ends around Nov. 8. That's days away. Anyone signing now will mostly be relying on the 10-day window instead.

Source: computed from s. 626.854, Fla. Stat. (2026), subsection (7), with Oct. 9, 2026 as the date of loss (FDEM). Day counts are illustrative; the contract wording and DFS control.

How you cancel matters. The notice has to be in writing and sent by certified mail, return receipt requested (or another mailing method that gives proof), to the address in the contract. A text or a phone call doesn't meet that standard. Mail it early, keep the receipt, and send a copy to your insurer.

How to check a license

Every public adjuster must be licensed by the Florida Department of Financial Services (DFS). To get that license, a person has to pass the state exam, carry a $50,000 surety bond, and have at least six months of continuous experience as an appointed apprentice, independent adjuster, company adjuster or nonresident public adjuster (s. 626.865). Apprentices can work a claim under a licensed adjuster but can't sign you up: only the licensed public adjuster or firm can execute the contract (s. 626.8651(3)).

The check takes two minutes:

1. Ask for the license number and a government-issued photo ID, and compare the two, as DFS suggests on its public adjuster page.
2. Look the person and the firm up on the DFS Licensee Search.
3. Make sure the name and license number match what's printed on the contract.

If someone is adjusting without a license, pushes you to overstate a claim, or you suspect fraud, DFS asks you to call the Insurance Fraud Hotline at 1-800-378-0445. For general claim questions, the DFS consumer helpline is 1-877-693-5236 (1-877-MY-FL-CFO).

Do you need one?

Sometimes. A public adjuster earns the fee on large, complicated losses: a house with roof, interior and contents damage, a dispute over how much is wind and how much is water, or a condo unit where the association's master policy and your unit-owner policy overlap. On a small claim that's already been paid fairly, the fee can cost more than the extra money it brings in.

Before you sign, I'd do three things. Get the insurer's own estimate (Florida requires insurers to send it to you within 7 days after their adjuster generates it). Read the coverage and deductible lines on your declarations page. And check the free options: DFS runs a state mediation program for disputed property claims that doesn't require hiring anyone, and the hurricane claim deadlines give you a year from the date of loss to report a new or reopened claim and 18 months for a supplemental one, so a few days spent reading won't cost you the claim.

If you do hire one, pick them; don't let them pick you from a driveway. My pages on Florida home insurance, condo insurance and flood insurance explain what each type of policy covers, which helps you judge whether a claim is worth fighting.

Your own policy wording and Florida law control your claim. Confirm your situation with a licensed agent, Florida DFS, or (for legal questions) an attorney.

FAQ

How much can a public adjuster charge in Florida?

Under s. 626.854(11), the cap is 10% of claim payments for claims tied to a Governor-declared state of emergency and made during the year after the declaration, and 20% for other claims. The fee is 0% on any coverage part the insurer paid or agreed to pay before you signed, and never applies to your deductible.

Can I cancel a public adjuster contract in Florida?

Yes. You can cancel without penalty within 10 days after signing. For a claim tied to a declared emergency, the window is 30 days after the date of loss or 10 days after signing, whichever is longer. Cancellation must be in writing by certified mail or another mailing with proof.

When can a public adjuster solicit me in Florida?

Only Monday through Saturday, between 8 a.m. and 8 p.m. That limit in s. 626.854(5) applies to any means of solicitation, including phone calls and door knocks.

How do I check if a Florida public adjuster is licensed?

Ask for the license number and a government photo ID, then look the adjuster and firm up on the Florida DFS Licensee Search at licenseesearch.fldfs.com. Report suspected unlicensed activity to the DFS Insurance Fraud Hotline at 1-800-378-0445.

Sources

1. Florida Statutes s. 626.854, public adjuster defined; prohibitions (2026)
2. Florida Statutes s. 626.8796, public adjuster contracts; disclosure statement (2026)
3. Florida Statutes s. 626.8795, public adjusters; conflict of interest (2026)
4. Florida Statutes s. 626.865, public adjuster qualifications and bond (2026)
5. Florida Statutes s. 626.8651, public adjuster apprentice appointment (2026)
6. Florida Statutes s. 626.8698, disciplinary guidelines for public adjusters (2026)
7. Florida Statutes s. 627.70131, insurer's duty to acknowledge and act on claims (2026)
8. Florida Statutes s. 627.70132, notice of property insurance claims (2026)
9. Florida DFS: Public Adjusters overview
10. Florida DFS: Licensee Search
11. Florida DFS: Disaster Assistance guide (June 2026)
12. Florida DFS: Public Adjuster Code of Ethics and Contract Checklist
13. Executive Order 26-202, state of emergency (Oct. 6, 2026)
14. Florida OIR: Hurricane Isaias claims data (as of Oct. 27, 2026)
15. Florida Division of Emergency Management: Hurricane Isaias update (Oct. 11, 2026)