In Florida, public adjusters are governed by the Florida Department of Financial Services and the Florida Insurance Code.
Public adjusters in Florida must be licensed by the state to operate.
The Florida Insurance Code requires public adjusters to have a valid license to work with insurance companies and policyholders.
To become licensed, public adjusters must pass a background check and a written exam.
Curious to learn more? Check out: Licensed Public Adjuster
Licensing and Requirements
To become a licensed public adjuster in Florida, you'll need to meet some basic requirements. You must be at least 18 years old and reside in Florida or maintain a principal place of business in the state. Additionally, you must be a U.S. citizen or legal alien with work authorization from U.S. Immigration and Naturalization Services.
You'll also need to complete a public adjuster apprenticeship with proper documentation, or have previously held an All Lines or Property and Casualty Public Adjuster license and appointment in Florida, or currently hold one for the past year. This ensures you have the necessary experience and knowledge to navigate the complex world of insurance claims.
To file your Florida surety bond, you'll need to mail it to the Department of Financial Services Bureau of Licensing at 200 East Gaines St., Larson Building Room 419, Tallahassee, FL 32399. The bond amount is $50,000, which provides an added layer of protection for policyholders.
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Attorney and Agent Provisions
Attorneys in Florida who are licensed to practice law and in good standing with The Florida Bar are exempt from needing a license to adjust insurance-related claims. This exemption is outlined in Section 626.860 of Florida law.
Licensed insurance agents in Florida can also adjust losses for the insurer they represent, but only with the insurer's authorization. They must adhere to the standards of conduct and risk having their agent license and appointment suspended or revoked if they engage in misconduct.
Attorneys who take advantage of this exemption must be properly licensed and in good standing with The Florida Bar. This ensures that they have the necessary expertise and training to handle insurance-related claims.
Insurance agents who adjust losses must have the insurer's explicit authorization to do so. This authorization is crucial in ensuring that the agent is acting within their scope of practice and authority.
For your interest: Licensed Claims Adjuster
Apprentice
To become a public adjuster in Florida, you'll need to meet certain requirements. One of the options is to complete a public adjuster apprenticeship.
A public adjuster apprentice is an all-lines adjuster who assists a public adjusting firm in determining the amount of any claim, loss, or damage payable under an insurance contract.
To be eligible, you must be appointed and employed or contracted by a public adjusting firm.
A public adjuster apprentice must meet specific requirements, but these are not explicitly stated in the article sections provided.
Nonresident All-Lines
A nonresident all-lines adjuster is someone who isn't a Florida resident. They must be licensed as an adjuster in their home state for all lines of insurance, excluding life and annuities.
Their home state might not license adjusters for all lines of insurance, in which case they must meet specific qualifications. These qualifications are a must for nonresident all-lines adjusters.
They can work independently or be associated with an adjusting firm, insurer, or public adjuster. This flexibility is one of the benefits of being a nonresident all-lines adjuster.
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What Are the Requirements?
As you start your journey to become a public adjuster in Florida, you'll need to meet some basic requirements. You must be at least 18 years old.
To get a Florida adjuster license, you'll need to reside in Florida or maintain a principal place of business in the state. You'll also need to be a U.S. citizen or legal alien possessing work authorization from the U.S. Immigration and Naturalization Services.
A public adjuster apprenticeship is also required, with proper documentation to back it up. Alternatively, you can have previously held an All Lines or Property and Casualty Public Adjuster license and appointment in Florida, or currently hold one for the past year.
Here are the specific requirements to get a Florida public adjuster license:
You'll also need to file your $50,000 Florida surety bond by mailing it to the Department of Financial Services Bureau of Licensing at the following address: 200 East Gaines St., Larson Building Room 419, Tallahassee, FL 32399.
Contractual Requirements
In Florida, public adjusters must have a written contract with policyholders before collecting fees on payments made to a named insured. This contract must be signed by the public adjuster who solicited it.
The contract must include the insured's phone number, address, and a brief description of the loss, as well as the insurance company's name and policy number. A copy of the contract and any addendum must be provided to the insured or claimant at the time of signing.
Here are the key details that must be included in the contract:
The contract must also be written in a minimum of 12-point type and titled 'Public Adjuster Contract'. A mandated fraud statement must be present in 18-point bold type before the insured's signature space.
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Policyholder Contractual Requirements
In Florida, public adjusters must enter into a written contract with policyholders before collecting fees on payments made to named insureds. This contract is a crucial part of the relationship between the public adjuster and the policyholder.
The contract must be in writing, and the public adjuster cannot collect fees without it. According to Florida law, a written contract is required for the public adjuster to collect fees on payments made to a named insured.
If services from a third party are required, the policyholder must agree in writing to procure these services. If the public adjuster contracts with a third-party service provider without the policyholder's written consent, the adjuster must bear the third party's fees.
The contract must also include specific details, such as the policyholder's phone number, the address of the loss, a brief description of the loss, the insurance company's name and policy number, and all methods of compensation and fees.
Here are the key details that must be included in the contract:
- Adjuster's full name, business address, license number, phone, and email
- Name of the licensed public adjusting firm
- Policyholder's details
- Description of the loss
- Insurance company name and policy number (if available)
- Compensation details
- Date of contract execution
The contract must be signed by the public adjuster who solicited it, and a copy of the contract and any addendum must be provided to the policyholder or claimant at the time of signing.
Cancellation Rights
Cancellation Rights are crucial to understand when entering into a contract. Within 10 days after the contract's execution, an insured or claimant has the right to cancel the contract.
If the contract was based on events declared as a state of emergency by the Governor, the cancellation period is extended. This can be done within 30 days after the loss date or 10 days after the contract's execution, whichever is longer.
A contract must contain a clear cancellation clause in minimum 18-point bold type. This is a mandatory requirement to ensure transparency and fairness for all parties involved.
Frequently Asked Questions
What is the new public adjuster law in Florida?
In Florida, all insurance adjusters, including public adjusters, must follow the same ethical standards as outlined in Chapter 626 of the Florida Statutes. This new law applies to all types of licenses, ensuring uniform accountability.
Sources
- https://brelly.com/blog/public-adjusting-laws-rules-florida/
- https://myfloridacfo.com/division/agents/compliance/adjusters
- https://www.daytonalawyers.com/what-is-a-public-adjuster-in-florida-and-how-are-they-involved-with-your-property-damage-claim/
- https://www.suretybonds.com/states/florida/public-adjuster-bond
- https://www.munizzilaw.com/blog/a-brief-overview-of-floridas-rules-and-regulations-for-public-adjusters
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