Public adjuster vs. insurance adjuster in Florida: who works for you?
Summary
Three types of insurance adjusters are involved in Florida flood claims. Company adjusters and independent adjusters work for your insurance carrier. Public adjusters (PAs) — licensed under FL Stat. §626.854 and regulated by the Florida Department of Financial Services — are the only adjusters who work for you. Florida law caps PA fees at 10% during a declared emergency and 20% for other claims.
IICRC-certified restoration · Documentation your PA and attorney can use
The three types of Florida insurance adjusters
Company adjuster, independent adjuster, and public adjuster — defined.
Company adjuster
Works for insurer- Salaried employee of your insurance company
- Handles claims directly for their employer
- Has financial incentive to minimize claim payouts
- Licensed under FL Stat. §626.112
- Most common on smaller or lower-complexity claims
Independent adjuster
Works for insurer- Licensed contractor hired by insurers for specific claims
- Not a company employee — paid per assignment
- Common after major storms when insurer staff are overwhelmed
- Licensed under FL Stat. §626.112
- Works for the insurer's interests, not the policyholder's
Public adjuster
Works for you- Licensed under FL Stat. §626.854 by the FL DFS
- Cannot be employed by or have an interest in an insurer
- Owes a fiduciary duty to the policyholder
- Paid a percentage of the final settlement (capped by FL law)
- Represents the property owner in scope and valuation negotiations
Florida law on PA fees
Florida caps public adjuster fees. Know the limits before you sign.
Florida is one of the few states with statutory PA fee caps specifically designed to protect policyholders after disaster events. The caps are codified in the same section that defines PA licensing requirements.
10%
During a declared state of emergency
When the Florida governor issues a state of emergency (e.g., a named hurricane), PA fees are capped at 10% of the final claim settlement for losses related to the emergency event. The emergency cap applies to new contracts signed after the declaration — not to pre-existing PA engagements.
20%
All other claims
For non-emergency property claims — pipe bursts, non-named-storm flooding, fire, or theft — the statutory cap is 20% of the final settlement. A PA cannot lawfully charge more than this ceiling regardless of the engagement agreement. If a PA quotes more than 20%, report them to FL DFS.
Require a written contract. FL law requires PA contracts to be in writing, include the fee percentage, describe the services to be provided, and allow for a 3-business-day cancellation period (FL Stat. §626.8796). Never agree to a PA fee verbally or sign a contract on the day of a disaster.
How restoration work connects
How your restoration contractor's documentation supports the adjuster's work.
Whether you use a public adjuster or negotiate directly with the insurer, the quality of the restoration contractor's documentation determines how defensible the claim scope is.
What the PA uses from your contractor
- Moisture mapping baseline readings to justify scope of drywall/flooring removal
- Thermal imaging showing concealed water migration not visible to the naked eye
- Water category classification (clean, gray, or black) that determines required remediation protocol
- Day-by-day drying logs as evidence that equipment was placed and running as billed
- Material removal inventory as a line-by-line basis for the estimate
What the company adjuster cannot dispute
- Timestamped photos from the day of loss — establishes what damage existed pre-mitigation
- IICRC S500 psychrometric calculations justifying the dehumidifier and air mover count
- Independent clearance test results showing remediation was complete before rebuild
- Written scope from licensed mold assessor (FL Ch. 468) if mold was found — required by most FL insurers
- Permit documentation for work over the Miami-Dade or other county permit threshold
Decision guide
Six signs a public adjuster may be worth the fee.
PAs cost 10–20% of the settlement. That makes sense when the underpayment gap is large enough that the net result — even after the PA fee — exceeds what you would have received without one. These are the indicators that the gap is likely to exist.
The initial claim settlement is significantly lower than independent contractor estimates.
The insurer's adjuster spent fewer than two hours on-site and did not open walls or test moisture levels.
Your claim involves a large commercial property, multi-unit building, or high-value residential loss where the scope is complex.
The insurer has denied portions of your claim — especially line items your contractor documented as necessary.
You have received a partial payment that does not cover the cost to restore the property to pre-loss condition.
The insurer is slow to respond: Florida law requires an insurer to acknowledge your claim within 14 days and to pay or deny within 90 days (FL Stat. §627.70131).
FAQ
Florida public adjusters — common questions.
What is a public adjuster in Florida?
A public adjuster (PA) in Florida is a licensed professional who represents property owners in insurance claims. Under FL Stat. §626.854, a public adjuster must be licensed by the Florida Department of Financial Services, is prohibited from being employed by any insurer, and owes a fiduciary duty to the policyholder — not the insurer. PAs negotiate with the insurer's adjuster to maximize the settlement on behalf of the property owner.
How much does a Florida public adjuster charge?
Florida law caps public adjuster fees. For claims during a state of emergency declared by the governor, the cap is 10% of the final settlement. For all other claims, the cap is 20% of the settlement. The fee is a percentage of what the PA recovers — if the final settlement is $100,000, the PA earns $10,000–$20,000. PAs work on contingency; you pay only if the claim settles. Get the fee agreement in writing before signing anything.
What is the difference between a company adjuster, independent adjuster, and public adjuster?
Three types of adjusters operate in Florida. A company adjuster (sometimes called an in-house adjuster) is a salaried employee of your insurance company who handles claims on their behalf. An independent adjuster (IA) is a licensed contractor hired by insurance companies to handle specific claims — they work for the insurer, not you. A public adjuster (PA) is licensed to represent policyholders — they work for you. Both company adjusters and IAs have a financial incentive to minimize claim payouts. Only a PA has a legal duty to your interests.
Can a public adjuster re-open a closed flood claim in Florida?
Yes. If a final proof of loss has been submitted and the insurer has paid, reopening the claim requires the insurer's cooperation and is often difficult. However, if the claim was settled informally — no signed release — a PA can submit a supplemental claim for documented damage that was missed in the initial adjustment. Supplemental claims are common after hurricane losses when additional damage is discovered during the repair process. Consult a PA or property insurance attorney about the specific facts of your closed claim.
Do I need a public adjuster or a lawyer for a denied flood claim?
It depends on the denial type. If the insurer is disputing the scope or valuation of the loss — agreeing coverage exists but disagreeing on the amount — a public adjuster is often the right first step. PAs are experienced at re-inspecting, re-estimating, and negotiating scope disputes without litigation. If the insurer is denying coverage entirely — arguing the loss is not covered under the policy — a Florida-licensed property insurance attorney is more appropriate, because the resolution may require the threat of or actual litigation.
Related Florida flood guides
Denied claims, mold, and city-specific restoration.
Give your PA the documentation record they need to win.
IICRC-certified water damage restoration. Moisture mapping, thermal imaging, drying logs, and material inventories — formatted for insurance and public adjuster review from day one.
Start flood intakeLast updated: 2026-07. Florida public adjuster licensing is governed by FL Stat. §626.854 and administered by the Department of Financial Services. Consult a Florida-licensed attorney before signing any PA contract or taking legal action on a denied claim.