FL Public Adjuster common mistakes
FL Public Adjuster · Understand the traps and how to avoid them.
On fee questions, reciting a flat 10% or 15% cap for every public adjusting contract instead of the general 20% statutory cap.
Candidates memorize a single percentage from other states or outdated study material and do not verify the current Florida statute before answering.
What to do instead
Memorize Fla. Stat. 626.854's general 20% cap on public adjuster compensation based on the insurance settlement, and check for claim-specific exceptions before selecting an answer. Write the statute number next to the percentage in your notes.
Skipping the public adjuster contract's required 3-business-day cancellation notice and treating the contract as effective immediately on signature.
Candidates confuse it with a standard 3-day home-solicitation cancellation or a 10-day free look and assume no separate written notice is required.
What to do instead
Memorize that a Florida public adjusting contract must be written, signed, and include the statutory right to cancel within 3 business days. Practice spotting missing notice language in sample contracts.
In settlement math, subtracting depreciation from replacement cost but then applying the deductible to the recoverable depreciation instead of to the loss.
Candidates rush the arithmetic and do not track the order of operations in a loss settlement worksheet.
What to do instead
Use a written worksheet every time: RCV minus depreciation equals ACV; ACV minus deductible equals net ACV payment; recoverable depreciation is released only after repair and only as the policy requires. Practice with a one-room fire example.
Applying only the flat AOP deductible on a hurricane claim and ignoring the percentage hurricane deductible shown in the declarations.
Candidates default to the common $1,000 or $2,500 deductible and do not read the declarations page or Florida's hurricane deductible rules.
What to do instead
Always read the declarations first. Calculate percentage deductibles as a percent of Coverage A, for example 2% of $300,000 equals $6,000, and apply the correct per-occurrence or per-building rule.
Treating a proof of loss as optional and advising the insured to wait for the insurer's estimate before submitting one.
Candidates focus on damage evaluation and forget that policy conditions are precedent to coverage and can bar or delay payment.
What to do instead
Calendar the policy's proof-of-loss deadline at first contact, prepare and submit it with documentation, and keep proof of submission. Review the conditions section before every claim scenario.
Mixing up the insurer's claim-handling deadlines with the public adjuster's own reporting and contract duties.
Both are 'deadlines' in Florida statutes, and candidates study them as one block without assigning each duty to the right party.
What to do instead
Build a two-column table: insurer duties under Fla. Stat. 627.70131 versus public adjuster duties and contract requirements. Quiz yourself by party, not by number.
Producing an estimate that omits general contractor's overhead and profit, permits, debris removal, or temporary repairs because those lines are not visible in photos.
Candidates estimate only the obvious damaged materials and forget indirect costs that are part of a complete repair.
What to do instead
Use a standard estimate checklist: demolition, drywall, paint, flooring, trim, permits, debris removal, temporary repairs, and O&P when three or more trades are involved. Compare against Xactimate category headings.
Taking photo-based measurements and quantities as final rather than verifying dimensions and moisture readings on site.
Candidates try to save time and assume photos show the full extent of damage.
What to do instead
Require an on-site inspection with a laser measure and moisture meter. Document room dimensions, affected square footage, and pre-loss condition in a photo log before finalizing quantities.
Soliciting or attempting to solicit a public adjusting contract at the loss scene within 48 hours after the loss.
Candidates know public adjusters must not pressure victims but do not memorize the specific time-and-place prohibition.
What to do instead
Memorize Fla. Stat. 626.854's solicitation limits: no solicitation at the loss scene before 48 hours and no in-person or telephone solicitation at the residence between 6 p.m. and 8 a.m. Role-play a compliant first contact.
Accepting a contractor's repair estimate as the public adjuster's own damage assessment without independent verification, or accepting a referral fee from the contractor.
Candidates want to move the claim quickly and do not see the conflict of interest or misrepresentation risk.
What to do instead
Independently inspect and document damage, identify the source of any third-party estimate, and refuse referral fees or other compensation from repair vendors. Disclose any relationship in writing.