Has a General Contractor, Roofer, Plumber, Mold Remediator, Water Dry-Out Contractor, Restoration Company, Independent Adjuster, Appraiser, “Claim Consultant” or “Claim Expert” (Unlicensed)
Offered To Handle Your Insurance Claim?
Offered To Handle Your Insurance Claim?
If they are not licensed Public Adjusters (also known as Public Insurance Adjusters),
they may be committing a crime!
they may be committing a crime!
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Only licensed and bonded public insurance adjusters and attorneys are permitted to solicit and represent policy holders in the claim process. Navigating an insurance claim is such a foreign experience for many homeowners and business owners. Insured Property Owners are often victims who unknowingly trust people who say they can help handle your claim when they are not trained, licensed, bonded or appointed to do so. In many states (like Florida), the licensure of a public insurance adjuster can be found on the Department of Financial Service's (DFS) website. Florida public adjusters licenses can be checked here.
§626.854 (1) A “public adjuster” is any person, except a duly licensed attorney at law as exempted under
s.626.860, who, for money, commission, or any other thing of value, directly or indirectly, prepares, completes, or files an insurance claim for an insured or third-party claimant or who, for money, commission, or any other thing of value, acts on behalf of, or aids an insured or third-party claimant in negotiating for or effecting the settlement of a , claim or claims for loss or damage covered by an insurance contract or who advertises for employment as an adjuster of such claims. The term also includes any person who, for money, commission, or any other thing of value, directly or indirectly solicits, investigates, or adjusts such claims on behalf of a public adjuster, an insured, or a third-party claimant. Read a recent bulletin regarding
Unlicensed Activity here. Unfortunately it is far too common to find General Contractors, Roofers, Plumbers, Mold Remediators, Water Dry-Out Contractors, Restoration Companies, Independent Adjusters (IA’s), Appraisers, “Claim Consultants” or “Claim Experts” (Unlicensed) who hold themselves out to "help" policyholders through the claims process. There are many Contractors who “handle” loss damages in a conflicting manner towards their own financial interests, not yours. Similarly, Independent adjusters (IA's) are licensed to work on behalf of insurance companies and represent an insurance company financial interests, not yours. In fact, it is considered a conflict of interest and, as such, is forbidden in the Florida Statutes and Administrative Code for any person or entity to adjust/handle a loss claim on behalf of a policyholder, except a licensed Public Adjuster or licensed attorney at law as exempted under §626.860. Additionally, Insurance Company Adjusters (aka “Field Adjusters”, “Desk Adjusters” or “Examiners”), must also be licensed and appointed to work for the insurance company.
Investigators at the Florida Department of Investigative & Forensic Services (DIFS), Florida Department of Financial Services (DFS) and/or Florida Department of Business & Professional Regulations (DBPR) process and prosecute cases of the Unlicensed Activity when reported. The Florida Association of Public Adjusters (FAPIA) works with the DIFS/DFS/DBPR and other governmental agencies to investigate and report confirmed cases of Unlicensed Activity. "….any person who acts as a resident or nonresident public adjuster or holds himself or herself out to be a public adjuster to adjust claims in this state, without being licensed by the department as a public adjuster and appointed as a public adjuster, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each act in violation of this section constitutes a separate offense.626.8738, F.S."
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Help Stop Unlicensed & Unregulated Claims Handling Activity
If you believe you have come across a case of Unlicensed Activity, you can report it on this page. Our Committee will research the complaint report and subject party, and forward it to the appropriate governmental agency(s) to make sure it receives immediate attention.
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Statutory Requirements Set Forth to Protect the Public |
Public Adjuster |
Unlicensed Person |
Must meet the Department of Financial Services eligibility requirements including minimum age and citizenship |
+ |
- |
Must comply with a strict code of ethics as it pertains to public adjusters under 69B-220.051 |
+ |
- |
Finger printing & criminal background check. Persons who have committed felonies or crimes of moral turpitude are permanently barred from being licensed |
+ |
- |
Study, pay for and pass the State Public Adjuster Apprentice Exam |
+ |
- |
Apply and pay fee for the Public Adjuster Apprentice License |
+ |
- |
Apply for and purchase a $50,000 surety bond |
+ |
- |
Apply and pay state fee for statutorily required appointment |
+ |
- |
6 Months of Apprenticeship Training under a mentor public adjuster licensee |
+ |
- |
Successfully complete the Accredited Claim Adjuster Training Programs approved by the state |
+ |
- |
Submit application and pay state fee for the Florida Public Adjuster License |
+ |
- |
Study, pay for and pass the state public adjuster examination |
+ |
- |
Continuing education requirement: 20 hours of public adjuster specific education every two years |
+ |
- |
Statute requires regulatory fiduciary duty to the policyholder |
+ |
- |
Must designate a primary public adjuster responsible for compliance |
+ |
- |
Must be appointed under a PA Agency license if not working solo under personal name or if working with other licensees |
+ |
- |
Must refrain from any activity that would be construed a conflict of interest including receiving referrals or direct or indirect payment connected to the repairs of the property |
+ |
* |
Public adjusters must “put the duty for fair and honest treatment of the claimant above the adjuster’s own interests in every instance” (§ 69B-220.201, Fla. Admin. Code.) |
+ |
** |
Contract must be in writing and prominently display fraud statement and right to cancel the agreement |
+ |
+ |
The above chart is for general informational purposes only and not to be considered all inclusive on any part or whole element.
* Contractors, roofers and others may typically pay and receive an exorbitant amount of referral fees which get added to the total cost of repairs.
** Contractors and others engaging in unlicensed activity have no such duty
* Contractors, roofers and others may typically pay and receive an exorbitant amount of referral fees which get added to the total cost of repairs.
** Contractors and others engaging in unlicensed activity have no such duty