Has a Contractor, Roofer, Plumber or Restoration Company Offered To Handle Your Insurance Claim?
If they are not licensed public adjusters, they may be committing a crime!
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Only licensed public insurance adjusters and attorneys are permitted to solicit to represent policy holders in the claim process. Navigating an insurance claim is such a foreign experience for many homeowners and business owners, insureds are often victims who unknowingly trust people who say they can help when they are not trained or licensed to do so. In most states, the licensure of a public insurance adjuster can be found on the department of insurance's website. Florida public adjusters licenses can be checked here.
(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, prepares, completes, or files an insurance claim form 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, solicits, investigates, or adjusts such claims on behalf of a public adjuster.
Read a recent bulletin regarding the Unlicensed Practice of Public Adjusting (Unlicensed Activity) here.
Unfortunately it is far too common to find contractors, roofers, restoration companies, plumbers and even insurance company adjusters often referred to as "independent" adjusters who are holding themselves out to "help" policyholders through the claims process. Independent adjusters (IA's) are licensed to work on behalf of insurance companies and represent their interests -not yours. In fact, it is considered a conflict of interest and, as such, is forbidden in the Florida Administrative Code for a person licensed as an IA to adjust a loss on behalf of a policyholder.
The investigators at the Department of Financial Services (DFS) process and prosecute cases of the Unlicensed Practice of Public Adjusting (Unlicensed Activity) whenever they are reported. The Florida Association of Public Adjusters works with the DFS to investigate and report confirmed cases of Unlicensed Activity. |
Help Stop Unlicensed & Unregulated Activity
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If you believe you have come across a case of Unlicensed Activity, you can report it on this page. Our Committee will investigate the report and forward it to the appropriate department within the Florida Department of Financial Services to make sure it receives immediate attention.
Statutory Requirements Set Forth to Protect the Public |
Public Adjuster |
Unlicensed Person (Acting as a PA) |
Must meet the Department of Financial Services eligibility requirements including minimum age and citizenship |
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Must comply with a strict code of ethics as it pertains to public adjusters under 69B-220.051 |
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Finger printing & criminal background check. Persons who have committed felonies or crimes of moral turpitude are permanently barred from being licensed |
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Study, pay for and pass the State Public Adjuster Apprentice Exam |
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Apply and pay fee for the Public Adjuster Apprentice License |
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Apply for and purchase a $50,000 surety bond, renewed annually |
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Apply and pay state fee for statutorily required appointment, renewed annually |
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12 Months, and 1200 logged hours of Apprenticeship Training under a mentor public adjuster licensee |
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Successfully complete the Accredited Claim Adjuster Training Programs approved by the state |
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Submit application and pay state fee for the Florida Public Adjuster License |
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Study, pay for and pass the state public adjuster examination |
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Continuing education requirement: 24 hours of public adjuster specific education every two years |
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Statute requires regulatory fiduciary duty to the policyholder |
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Must designate a primary public adjuster responsible for compliance |
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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 |
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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.) |
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Contract must be in writing and prominently display fraud statement and right to cancel the agreement |
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* Contractors, roofers and others typically pay and receive an exorbitant amount of referral fees since their industry is not regulated
** Contractors and others engaging in the unlicensed practice of public adjusting have no such duty
** Contractors and others engaging in the unlicensed practice of public adjusting have no such duty
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"If you are acting as a public adjuster in any manner by negotiating or effecting the settlement of an insurance claim on behalf of an insured and you are performing any of these services for money, commission or anything of value without being licensed as a public adjuster, you could be subject to arrest and may be charged with a third-degree felony as provided by section 626.8738, F.S."
-The Florida Department of Financial Services |
In the media |