After a storm, a roof leak or a burst pipe, the phone starts ringing. Contractors offer free inspections, someone knocks on the door offering to “handle your claim”, and a flyer promises to get you more money from your insurer. Florida law draws clear lines around who is allowed to do what on a property insurance claim, and knowing those lines protects you. This guide explains what a licensed public adjuster is, what a contractor may and may not do, what Florida’s fee caps and cancellation rights say, and why you can no longer sign over your claim benefits on newer policies. It is general education, not legal advice.

Key takeaways

• A public adjuster is licensed to prepare, file and negotiate a claim for you in exchange for a fee. A contractor is not allowed to do that unless he or she also holds a public adjuster license (section 626.854, Florida Statutes).
• For residential claims, Florida caps public adjuster fees at 10 percent for claims tied to a governor-declared state of emergency (for claims made during the year after the declaration) and 20 percent for other claims. Fees cannot be based on your deductible.
• You can cancel a public adjuster contract without penalty within 10 days of signing, and longer after a declared emergency.
• On residential and commercial property policies issued on or after January 1, 2023, an attempt to assign post-loss benefits to a contractor or other third party is void (section 627.7152(13)).

Three different people, three different jobs

Most confusion comes from mixing up these roles:

• Your insurer’s adjuster. Employed by or hired by the insurance company to investigate and value the claim under your policy. They work for the insurer, even though they should deal with you fairly.
• A public adjuster. A state-licensed professional you hire, who is paid a percentage of the claim payment, to prepare and present the claim for you. Florida defines the role broadly: anyone who, for money, prepares or files a claim for an insured, or helps negotiate its settlement, is acting as a public adjuster (section 626.854(1)). Attorneys are exempt from the licensing requirement under a separate section.
• A contractor. Repairs or replaces the damage. A contractor may discuss and explain his or her own bid for repairs with you or your insurer, and may suggest you contact your insurer to ask whether the repair is covered. A contractor may not advertise, solicit or handle public adjuster services without a public adjuster license (section 626.854(16)).

What a licensed public adjuster may charge

For residential policies and condominium unit owner policies, section 626.854(11) sets ceilings on what a public adjuster can take. In plain terms:

• 10 percent of the claim payment for claims based on an event covered by a governor’s declaration of a state of emergency, for claims made during the year after the declaration. After that year, the 20 percent limit applies.
• 20 percent for claims not tied to a declared emergency.
• Nothing on any coverage part where your insurer already paid, or agreed in writing to pay, before you signed the public adjuster contract.
• Not based on your deductible. Fees cannot be calculated on the deductible portion of the claim.
• Reopened or supplemental claims: the fee is based only on additional payments obtained through the adjuster’s work after signing, and may not exceed 20 percent of that supplemental payment.

The statute also says the rate cannot be raised simply because a claim ends up in litigation, and that additional living expenses are included in the fee only if you agree in a separate signed agreement.

Your rights if you hire one

1. A cancellation window. You may cancel the contract without penalty within 10 days after it is signed. If the contract arises from an event covered by a governor’s state of emergency, you may cancel within 30 days after the date of loss or 10 days after signing, whichever is longer. The notice must be in writing and sent in a way that proves delivery, such as certified mail.
2. A written estimate in 60 days. The adjuster must give you an itemized, per-unit written estimate within 60 days after the contract date. If not, you may cancel with no additional fees, unless the delay was outside the adjuster’s control.
3. Status updates. The adjuster must respond with specific information to a written request for claim status within 14 days.
4. Required contract language. The contract must carry the cancellation notice in large bold type directly above the signature line.
5. Inspection notice. Anyone acting for your insurer who needs access to your property must give at least 48 hours’ notice to you or your public adjuster before a meeting or onsite inspection, though you can waive that notice.

A public adjuster also may not give gifts worth more than $25 as an inducement to sign, offer loans or advances, or accept payment for referring business. Solicitation is limited to Monday through Saturday, 8 a.m. to 8 p.m. A roofing contractor or public adjuster may not offer you cash, a gift card or a deductible waiver in exchange for allowing a roof inspection or filing a roof claim (section 626.854(23)).

Why you cannot “sign over” your claim on a newer policy

You may have heard of an assignment of benefits (AOB): a contractor has the homeowner sign a form transferring the right to collect the insurance payment. Florida changed this. Under section 627.7152(13), a policyholder may not assign post-loss benefits under a residential or commercial property insurance policy issued on or after January 1, 2023, and an attempt to do so is void and unenforceable. Policies issued earlier could be subject to the older rules in the same statute, which included a 14-day right to rescind and a 3,000-dollar-or-1-percent cap on emergency work. Look at your policy’s issue date, and ask your agent if you are not sure which rules apply to you.

The practical result: if someone asks you to sign a form handing over your claim rights on a recent policy, stop and read it. A normal repair contract is different. It says what work will be done and for how much, and you remain the policyholder who deals with your insurer.

A calm checklist after damage

1. Protect the property. Make reasonable temporary repairs to prevent further damage, such as a tarp or water extraction, and keep receipts and photos. Your policy requires you to do this.
2. Report the claim yourself. Call your insurer or agent and open the claim. Deadlines run from the date of loss; our guide to the Florida homeowners insurance claim timeline lists the notice and response windows.
3. Document everything. Photos, video, dates, names. A home inventory made before the loss makes the personal property part of a claim far easier.
4. Get more than one repair estimate. Ask each contractor for a written, itemized quote and check the license of every contractor and public adjuster before you sign. Do not pay in full in advance.
5. Read before you sign. Any contract with a public adjuster, contractor or mitigation company should be read in full. You can take a day, and nobody with a legitimate offer needs a signature on the spot.
6. Know what your policy pays for. Check settlement terms and extras such as ordinance coverage: see law and ordinance coverage and the difference between replacement cost and actual cash value.

Do you need a public adjuster at all?

Many claims are small, clear and settled directly with the insurer. A public adjuster tends to come up on larger or more complicated losses, such as a disputed scope, a roof or interior water loss that has been partly paid, or a homeowner who simply lacks the time to document a big loss. Because the fee comes out of your claim payment, weigh what the adjuster could realistically add against the percentage you would pay, and compare the contract with the limits above. Nothing in Florida law requires you to hire anyone.

Prevention helps too. Condition records from a pre-purchase or pre-listing inspection show what the home looked like before a loss, and our inspection partner explains how inspectors evaluate roof age and condition on Central Florida homes. If a contractor is pushing a quick roof replacement on an older home that you are thinking of selling, the sales-side view in roof age and your Central Florida home sale is useful context.

Frequently asked questions

Can a roofing contractor file my insurance claim for me?

Not for a fee, unless the person is also a licensed public adjuster. A contractor may explain his or her bid and suggest you contact your insurer, but may not advertise or handle public adjuster services without a license.

What is the most a public adjuster can charge in Florida?

For residential claims, 10 percent for claims made within a year after a governor-declared state of emergency tied to the event, and 20 percent for other claims, with additional limits for already-paid amounts, policy-limit payments made quickly, and reopened claims.

Can I cancel a public adjuster contract?

Yes. You can cancel without penalty within 10 days after signing, or within 30 days after the date of loss if the claim arises from a governor-declared emergency, whichever is longer. You can also cancel if no written estimate arrives within 60 days, with limited exceptions.

Can I assign my insurance benefits to a contractor in Florida?

Not on residential or commercial property policies issued on or after January 1, 2023. Such an assignment is void and unenforceable.

Does my insurer have to deal with my public adjuster?

Yes. The insurer may not exclude a public adjuster from in-person meetings with you and must communicate with the adjuster to try to agree on the scope of the covered loss, though the insurer keeps reasonable access to you and the property.

Questions about your own policy?

If you want to review how your homeowners policy handles claims, deductibles and settlement terms before you ever need them, request a review through our Florida property insurance quote page or call 407-476-6667. We are an insurance agency, not a public adjuster or law firm, and we cannot advise on a specific claim dispute. This article is based on Florida Statutes sections 626.854 and 627.7152 as published for 2026; confirm current law and your policy wording before acting.

By Tariq AbouAdma, Florida Insurance Agent, NPN 16445652. Quality RE Insurance LLC, 336 Wilshire Blvd, Suite 274-229, Casselberry, FL 32707.