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HB 427 2026
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hb427-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to public adjuster contracts; amending 2
s. 626.854, F.S.; authorizing certain persons to 3
rescind a contract for public adjuster services; 4
amending s. 626.8698, F.S.; clarifying the acts that 5
may subject a public adjuster or public adjuster 6
apprentice to discipline; amending s. 626.8796, F.S.; 7
authorizing certain persons to rescind a contract for 8
public adjuster services; providing an effective date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
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Section 1. Subsection (7) of section 626.854, Florida 13
Statutes, is amended to read: 14
626.854 "Public adjuster" defined; prohibitions.—The 15
Legislature finds that it is necessary for the protection of the 16
public to regulate public insurance adjusters and to prevent the 17
unauthorized practice of law. 18
(7)(a) An insured or a claimant may cancel a public 19
adjuster's contract to adjust a claim without penalty or 20
obligation within 10 days after the date on which the contract 21
is executed. If the contract was entered into based on events 22
that are the subject of a declaration of a state of emergency by 23
the Governor, an insured or a claimant may cancel the public 24
adjuster's contract to adjust a claim without penalty or 25
HB 427 2026
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hb427-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
obligation within 30 days after the date of loss or 10 days 26
after the date on which the contract is executed, whichever is 27
longer. The public adjuster's contract must contain the 28
following language in minimum 18-point bold type immediately 29
before the space reserved in the contract for the signature of 30
the insured or claimant: 31
32
"You, the insured, may cancel this contract for any 33
reason without penalty or obligation to you within 10 34
days after the date of this contract. If this contract 35
was entered into based on events that are the subject 36
of a declaration of a state of emergency by the 37
Governor, you may cancel this contract for any reason 38
without penalty or obligation to you within 30 days 39
after the date of loss or 10 days after the date on 40
which the contract is executed, whichever is longer. 41
You may also cancel the contract without penalty or 42
obligation to you if I, as your public adjuster, fail 43
to provide you and your insurer a copy of a written 44
estimate within 60 days of the execution of the 45
contract, unless the failure to provide the estimate 46
within 60 days is caused by factors beyond my control, 47
in accordance with s. 627.70131(5)(a)2., Florida 48
Statutes. The 60-day cancellation period for failure 49
to provide a written estimate shall cease on the date 50
HB 427 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
I have provided you with the written estimate." 51
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The notice of cancellation must shall be provided to ...(name of 53
public adjuster)..., submitted in writing and sent by certified 54
mail, return receipt requested, or other form of mailing that 55
provides proof thereof, at the address specified in the 56
contract. 57
(b) Notwithstanding any other provision of this chapter, 58
an insured who is a vulnerable adult or who lacks capacity to 59
consent, as those terms are defined in s. 415.102, or the legal 60
representative of such insured persons, may rescind a contract 61
for public adjuster services to adjust a claim at any time 62
without penalty or further obligation. 63
Section 2. Section 626.8698, Florida Statutes, is amended 64
to read: 65
626.8698 Disciplinary guidelines for public adjusters and 66
public adjuster apprentices.—The department may deny, suspend, 67
or revoke the license of a public adjuster or public adjuster 68
apprentice, and administer a fine not to exceed $5,000 per act, 69
for any of the following acts: 70
(1) Violating any provision of this chapter or a rule or 71
order of the department.; 72
(2) Receiving payment or anything of value as a result of 73
an unfair or deceptive practice.; 74
(3) Receiving or accepting any fee, kickback, or other 75
HB 427 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
thing of value pursuant to any agreement or understanding, oral 76
or otherwise; entering into a split-fee arrangement with another 77
person who is not a public adjuster; or being otherwise paid or 78
accepting payment for services that have not been performed.; 79
(4) Violating s. 316.066 or s. 817.234.; 80
(5) Soliciting or otherwise taking advantage of a person 81
who is a vulnerable adult, as defined is s. 415.102, or who is 82
emotional, or otherwise upset as the result of a trauma, 83
accident, or other similar occurrence.; or 84
(6) Violating any ethical rule of the department. 85
Section 3. Subsection (4) of section 626.8796, Florida 86
Statutes, is amended to read: 87
626.8796 Public adjuster contracts; disclosure statement; 88
fraud statement.— 89
(4)(a) The insured may rescind the contract for public 90
adjuster services if the public adjuster has not submitted a 91
written estimate to the insurer within 60 days after executing 92
the contract, unless the failure to provide the written estimate 93
within 60 days is caused by factors beyond the public adjuster's 94
control. 95
(b) Notwithstanding any other provision of this chapter, 96
an insured who is a vulnerable adult or who lacks capacity to 97
consent, as those terms are defined in s. 415.102, or the legal 98
representative of such insured persons, may rescind a contract 99
for public adjuster services at any time without penalty or 100
HB 427 2026
CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
further obligation. 101
Section 4. This act shall take effect July 1, 2026. 102