Florida property claim representation
Florida public adjuster fees: the limits and exceptions.
The fee calculation should be explained in the written agreement. Florida law contains several limits that can apply differently depending on the policy, declaration of emergency, payment history and timing.
Reviewed November 2, 2026. Coverage and available remedies depend on your policy, loss facts and applicable law.
First check the policy type
The provisions summarized below are in Florida Statutes section 626.854(11). Subsection (19) limits subsections (5)–(18) to residential property insurance policies and condominium unit-owner policies described there. Do not automatically treat a condominium association master policy or commercial policy as an individual homeowner’s policy.
The general caps
Declared-emergency claims: the 10% maximum applies to claims based on events that are the subject of the Governor’s emergency declaration and made during the year after that declaration. The statute measures that period from the declaration, not simply from the date an individual owner discovered damage. After that year, the statutory 20% limitation applies.
Other claims within the provision’s scope: the general maximum is 20% of applicable claim payments or settlements, excluding attorney fees and costs. The agreed fee may be lower, and the special limits below may control.
Special payment limits
- Early policy-limit payment: a 1% maximum applies for a coverage part when the insurer pays or agrees in writing to pay at least that coverage part’s policy limit within 14 days after the loss or 10 days after the public adjusting contract, whichever is later.
- Payment or written commitment before the agreement: the statute sets a 0% limit for the coverage part where the insurer’s payment or written agreement to pay precedes execution of the public adjusting contract.
- Reopened or supplemental claims: earlier settlements or payments for the same cause of loss cannot be used as the fee base. The fee is based on qualifying additional payments obtained through the adjuster’s work after contracting, subject to the applicable caps.
Other protections in the fee provision
The fee cannot be based on the deductible. Additional living expense compensation requires an affirmative separate agreement with the required disclosure. The rate cannot increase solely because the claim enters litigation. Read the statute and agreement together rather than relying on an isolated percentage.
What to ask the adjuster
- Which statutory provisions apply to this policy and claim?
- What payment amount will be used to calculate the fee?
- How will prior payments and written commitments be handled?
- Is additional living expense work included under a separate agreement?
- What costs, if any, require separate written approval?
- When is payment due, and what cancellation rights apply?
A clearly explained agreement helps you compare services and understand the amount available for repairs. No fee percentage establishes or guarantees the eventual claim result.
For a practical introduction, read how a public adjuster gets paid. For separate litigation costs, see Florida’s attorney-fee changes. Questions about legal enforceability or a disputed agreement should be reviewed by an attorney.
Concerned about a claim payment?
Experienced Public Adjusters helps Florida property owners document damage and present supported claims, with a focus on luxury homes, complex residential losses, condominium and HOA master policies, and commercial property.
Call (888) 881-8416 Request a claim review
Serving Naples, Tampa, Orlando, Daytona Beach and surrounding communities. Find our offices and service areas.
David Dwyer, designated primary adjuster: Florida license W391016. Experienced Public Adjusters: firm license W807213. Representation is subject to a written agreement; no settlement outcome is guaranteed.