What this statute does
Fla. Stat. 626.854 is the foundational statute for the public adjusting profession in Florida. It defines who may act as a public adjuster, establishes the licensing requirements, sets the rules for written contracts and solicitation conduct, and, critically, caps the fees a public adjuster may charge.
Who may act as a public adjuster
Only a person licensed by the Florida Department of Financial Services (DFS) may act as, advertise as, or solicit business as a public adjuster. Licensing carries examination, bonding, and continuing-education requirements. A company adjuster or independent adjuster works for the insurer under a different license and may not represent you. Aside from a licensed attorney, a public adjuster is the only professional who may legally represent a policyholder in negotiating a first-party property claim.
Fee caps
The statute caps public adjuster contingency fees:
- Standard claims: a public adjuster may not charge more than 20% of the claim payment.
- Declared-emergency claims: for claims arising from events that are the subject of a declared state of emergency, the cap is 10% of the claim payment for the first year after the declaration.
- The fee cannot be increased because the claim goes to litigation.
- A written contract is required, and the fee percentage must be disclosed to you in advance.
Right of cancellation
Under Fla. Stat. 626.854, policyholders have a 10-day right of cancellation after signing a public adjuster contract. Cancellation during this period is without penalty.
Solicitation and conduct rules
The statute also regulates how and when a public adjuster may solicit business, including limits on contacting policyholders during the loss-producing event and outside reasonable hours, and it prohibits conduct that pressures or misleads a homeowner. These rules protect policyholders at a vulnerable moment; they do not limit your right to choose representation.
License verification
Every Florida public adjuster has a DFS license number. Verify any adjuster's license through MyFloridaCFO before signing a contract. Ocean Point's firm license is W829547 (searchable in the DFS public licensing database).
How this statute affects your claim
- Your public adjuster contract must disclose the fee percentage clearly in advance.
- Your fee will fall within one of the two statutory caps: 20%, or 10% for first-year declared-emergency claims.
- You have 10 days to cancel without penalty.
- Any attempt to circumvent the fee caps, including through related-party structures, is a statutory violation.