THE BILL ITSELF
HB 427
Public Adjuster Contracts
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A bill to be entitled
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An act relating to public adjuster contracts; amending
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s. 626.854, F.S.; authorizing certain persons to
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rescind a contract for public adjuster services;
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amending s. 626.8698, F.S.; clarifying the acts that
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may subject a public adjuster or public adjuster
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apprentice to discipline; amending s. 626.8796, F.S.;
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authorizing certain persons to rescind a contract for
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public adjuster services; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (7) of section 626.854, Florida
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Statutes, is amended to read:
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626.854 "Public adjuster" defined; prohibitions.—The
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Legislature finds that it is necessary for the protection of the
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public to regulate public insurance adjusters and to prevent the
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unauthorized practice of law.
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(7)(a) An insured or a claimant may cancel a public
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adjuster's contract to adjust a claim without penalty or
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obligation within 10 days after the date on which the contract
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is executed. If the contract was entered into based on events
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that are the subject of a declaration of a state of emergency by
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the Governor, an insured or a claimant may cancel the public
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adjuster's contract to adjust a claim without penalty or
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obligation within 30 days after the date of loss or 10 days
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after the date on which the contract is executed, whichever is
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longer. The public adjuster's contract must contain the
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following language in minimum 18-point bold type immediately
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before the space reserved in the contract for the signature of
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the insured or claimant:
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"You, the insured, may cancel this contract for any
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reason without penalty or obligation to you within 10
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days after the date of this contract. If this contract
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was entered into based on events that are the subject
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of a declaration of a state of emergency by the
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Governor, you may cancel this contract for any reason
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without penalty or obligation to you within 30 days
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after the date of loss or 10 days after the date on
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which the contract is executed, whichever is longer.
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You may also cancel the contract without penalty or
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obligation to you if I, as your public adjuster, fail
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to provide you and your insurer a copy of a written
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estimate within 60 days of the execution of the
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contract, unless the failure to provide the estimate
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within 60 days is caused by factors beyond my control,
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in accordance with s. 627.70131(5)(a)2., Florida
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Statutes. The 60-day cancellation period for failure
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to provide a written estimate shall cease on the date
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I have provided you with the written estimate."
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The notice of cancellation must shall be provided to ...(name of
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public adjuster)..., submitted in writing and sent by certified
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mail, return receipt requested, or other form of mailing that
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provides proof thereof, at the address specified in the
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contract.
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(b) Notwithstanding any other provision of this chapter,
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an insured who is a vulnerable adult or who lacks capacity to
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consent, as those terms are defined in s. 415.102, or the legal
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representative of such insured persons, may rescind a contract
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for public adjuster services to adjust a claim at any time
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without penalty or further obligation.
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Section 2. Section 626.8698, Florida Statutes, is amended to read:
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626.8698 Disciplinary guidelines for public adjusters and
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public adjuster apprentices.—The department may deny, suspend,
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or revoke the license of a public adjuster or public adjuster
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apprentice, and administer a fine not to exceed $5,000 per act,
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for any of the following acts:
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(1) Violating any provision of this chapter or a rule or
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order of the department.;
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(2) Receiving payment or anything of value as a result of
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an unfair or deceptive practice.;
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(3) Receiving or accepting any fee, kickback, or other
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thing of value pursuant to any agreement or understanding, oral
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or otherwise; entering into a split-fee arrangement with another
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person who is not a public adjuster; or being otherwise paid or
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accepting payment for services that have not been performed.;
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(4) Violating s. 316.066 or s. 817.234.;
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(5) Soliciting or otherwise taking advantage of a person
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who is a vulnerable adult, as defined is s. 415.102, or who is
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emotional, or otherwise upset as the result of a trauma,
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accident, or other similar occurrence.; or
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(6) Violating any ethical rule of the department.
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Section 3. Subsection (4) of section 626.8796, Florida
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Statutes, is amended to read:
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626.8796 Public adjuster contracts; disclosure statement;
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fraud statement.—
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(4)(a) The insured may rescind the contract for public
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adjuster services if the public adjuster has not submitted a
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written estimate to the insurer within 60 days after executing
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the contract, unless the failure to provide the written estimate
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within 60 days is caused by factors beyond the public adjuster's
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control.
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(b) Notwithstanding any other provision of this chapter,
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an insured who is a vulnerable adult or who lacks capacity to
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consent, as those terms are defined in s. 415.102, or the legal
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representative of such insured persons, may rescind a contract
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for public adjuster services at any time without penalty or
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further obligation.
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Section 4. This act shall take effect July 1, 2026.