Read the full stored bill text
Florida Senate
-
2026
SB 266
By
Senator Burton
12-00671-26 2026266__
1 A bill to be entitled
2 An act relating to public adjuster contracts; amending
3 s. 626.854, F.S.; authorizing certain persons to
4 rescind a contract for public adjuster services;
5 amending s. 626.8698, F.S.; clarifying the acts that
6 may subject a public adjuster or public adjuster
7 apprentice to discipline; amending s. 626.8796, F.S.;
8 authorizing certain persons to rescind a contract for
9 public adjuster services; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Subsection (7) of section 626.854, Florida
14 Statutes, is amended to read:
15 626.854 “Public adjuster” defined; prohibitions.—The
16 Legislature finds that it is necessary for the protection of the
17 public to regulate public insurance adjusters and to prevent the
18 unauthorized practice of law.
19 (7)
(a)
An insured or
a
claimant may cancel a public
20 adjuster’s contract to adjust a claim without penalty or
21 obligation within 10 days after the date on which the contract
22 is executed. If the contract was entered into based on events
23 that are the subject of a declaration of a state of emergency by
24 the Governor, an insured or
a
claimant may cancel the public
25 adjuster’s contract to adjust a claim without penalty or
26 obligation within 30 days after the date of loss or 10 days
27 after the date on which the contract is executed, whichever is
28 longer. The public adjuster’s contract must contain the
29 following language in minimum 18-point bold type immediately
30 before the space reserved in the contract for the signature of
31 the insured or claimant:
32
33
“
You, the insured, may cancel this contract for any
34 reason without penalty or obligation to you within 10
35 days after the date of this contract. If this contract
36 was entered into based on events that are the subject
37 of a declaration of a state of emergency by the
38 Governor, you may cancel this contract for any reason
39 without penalty or obligation to you within 30 days
40 after the date of loss or 10 days after the date on
41 which the contract is executed, whichever is longer.
42 You may also cancel the contract without penalty or
43 obligation to you if I, as your public adjuster, fail
44 to provide you and your insurer a copy of a written
45 estimate within 60 days of the execution of the
46 contract, unless the failure to provide the estimate
47 within 60 days is caused by factors beyond my control,
48 in accordance with s. 627.70131(5)(a)2., Florida
49 Statutes. The 60-day cancellation period for failure
50 to provide a written estimate shall cease on the date
51 I have provided you with the written estimate.
”
52
53 The notice of cancellation
must
shall
be provided to ...(name of
54 public adjuster)..., submitted in writing and sent by certified
55 mail, return receipt requested, or other form of mailing that
56 provides proof thereof, at the address specified in the
57 contract.
58
(b)
Notwithstanding any other provision of this chapter, an
59
insured who is a vulnerable adult or who lacks capacity to
60
consent, as those terms are defined in s. 415.102, or the legal
61
representative of such insured persons, may rescind a contract
62
for public adjuster services
to adjust
a claim at any time
63
without penalty or further obligation.
64 Section 2. Section 626.8698, Florida Statutes, is amended
65 to read:
66 626.8698 Disciplinary guidelines for public adjusters and
67 public adjuster apprentices.—The department may deny, suspend,
68 or revoke the license of a public adjuster or public adjuster
69 apprentice, and administer a fine not to exceed $5,000 per act,
70 for any of the following
acts
:
71 (1) Violating any provision of this chapter or a rule or
72 order of the department
.
;
73 (2) Receiving payment or anything of value as a result of
74 an unfair or deceptive practice
.
;
75 (3) Receiving or accepting any fee, kickback, or other
76 thing of value pursuant to any agreement or understanding, oral
77 or otherwise; entering into a split-fee arrangement with another
78 person who is not a public adjuster; or being otherwise paid or
79 accepting payment for services that have not been performed
.
;
80 (4) Violating s. 316.066 or s. 817.234
.
;
81 (5) Soliciting or otherwise taking advantage of a person
82 who is
a
vulnerable
adult, as
defined is
s. 415.102
,
or who is
83 emotional
,
or otherwise upset as the result of a trauma,
84 accident, or other similar occurrence
.
; or
85 (6) Violating any ethical rule of the department.
86 Section 3. Subsection (4) of section 626.8796, Florida
87 Statutes, is amended to read:
88 626.8796 Public adjuster contracts; disclosure statement;
89 fraud statement.—
90 (4)
(a)
The insured may rescind the contract for public
91 adjuster services if the public adjuster has not submitted a
92 written estimate to the insurer within 60 days after executing
93 the contract, unless the failure to provide the written estimate
94 within 60 days is caused by factors beyond the public adjuster’s
95 control.
96
(b)
Notwithstanding any other provision of this chapter, an
97
insured who is a vulnerable adult or who lacks capacity to
98
consent, as those terms are defined in s. 415.102, or the legal
99
representative of such insured persons, may rescind a contract
100
for public adjuster services
at any time without penalty or
101
further obligation.
102 Section 4. This act shall take effect July 1, 2026.