Florida SB 266: Covenants and Restrictions

Bill Text

266 
Public Adjuster Contracts 
2025-10-23T06:27:09Z 
Authorizing certain persons to rescind a contract for public adjuster services; clarifying the acts that may subject a public adjuster or public adjuster apprentice to discipline; authorizing certain persons to rescind a contract for public adjuster services, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 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