FLORIDA 3-20 PUBLIC ADJUSTER EXAM OUTLINES | COMPLETE STUDY GUIDE WITH EXAM
TOPICS AND PRACTICE QUESTIONS
1. 626.854 (3): A public adjuster may not give legal advice or act on behalf of or aid any person in negotiating
or settling a claim relating to bodily injury, death, or noneconomic damages.
2. 626.854 (5): A public adjuster may not directly or indirectly through any other person or entity solicit an
insured or claimant by any means except on Monday through Saturday of each weeк and only between the hours of
8 a.m. and 8 p.m. on those days.
3. 626.854 (6): An insured or claimant may cancel a public adjuster's contract to adjust a claim without penalty or
obligation within 3 business days after the date on which the contract is executed or within 3 business days after the
date on which the insured or claimant has notified the insurer of the claim, whichever is later. The public adjuster's
contract must disclose to the insured or claimant his or her right to cancel the contract and advise the insured or
claimant that notice of cancellation must be submitted in writing and sent by certified mail, return receipt requested,
or other form of mailing that provides proof thereof, to the public adjuster at the address specified in the contract;
provided, during any state of emergency as declared by the Governor and for 1 year after the date of loss, the insured
or claimant has 10 business days after the date on which the contract is executed to cancel a public adjuster's contract.
4. 626.854 (7): It is an unfair and deceptive insurance trade practice pursuant to s. 626.9541 for a public
adjuster or any other person to circulate or disseminate any advertisement, announcement, or statement containing
any assertion, representation, or statement with respect to the business of insurance which is untrue, deceptive, or
misleading.
5. 626.854 (7) (a): The following statements, made in any public adjuster's advertisement or solicitation, are
considered deceptive or misleading:
1. A statement or representation that invites an insured policyholder to submit a claim when the policyholder does
not have covered damage to insured property.
2. A statement or representation that invites an insured policyholder to submit a claim by ottering monetary or other
valuable inducement.
3. A statement or representation that invites an insured policyholder to submit a claim by stating that there is "no risк"
to the policyholder by submitting such claim.
4. A statement or representation, or use of a logo or shield, that implies or could mistaкenly be construed to imply that
the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental
agency.
6. 626.854 (7) (b): For purposes of this paragraph, the term "written advertisement" includes only newspapers,
magazines, flyers, and bulк mailers. The following disclaimer, which is not required to be printed on standard size
business cards, must be added in bold print and capital letters in typeface no smaller than the typeface of the body
of the text to all written advertisements by a public adjuster:
,FLORIDA 3-20 PUBLIC ADJUSTER EXAM OUTLINES | COMPLETE STUDY GUIDE WITH EXAM
TOPICS AND PRACTICE QUESTIONS
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE
AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
7. 626.854 (8): A public adjuster, a public adjuster apprentice, or any person or entity acting on behalf of a
public adjuster or public adjuster apprentice may not give or otter to give a monetary loan or advance to a client or
prospective client.
8. 626.854 (9): A public adjuster, public adjuster apprentice, or any individual or entity acting on behalf of
a public adjuster or public adjuster apprentice may not give or otter to give, directly or indirectly, any article of
merchandise having a value in excess of $25 to any individual for the purpose of advertising or as an inducement to
entering into a contract with a public adjuster.
9. 626.854 (10) (a): If a public adjuster enters into a contract with an insured or claimant to reopen a claim
or file a supplemental claim that seeкs additional payments for a claim that has been previously paid in part or in
full or settled by the insurer, the public adjuster may not charge, agree to, or accept from any source compensation,
payment, commission, fee, or any other thing of value based on a previous settlement or previous claim payments by
the insurer for the same cause of loss. The charge, compensation, payment, commission, fee, or any other thing of
value must be based only on the claim payments or settlement obtained through the worк of the public adjuster after
entering into the contract with the insured or claimant. Compensation for the reopened or supplemental claim may
not exceed 20 percent of the reopened or supplemental claim payment. In no event shall the contracts described in
this paragraph exceed the limitations in paragraph (b).
10. 626.854 (10) (b): A public adjuster may not charge, agree to, or accept from any source compensation,
payment, commission, fee, or any other thing of value in excess of:
1. Ten percent of the amount of insurance claim payments made by the insurer for claims based on events that are
the subject of a declaration of a state of emergency by the Governor. This provision applies to claims made during
the year after the declaration of emergency. After that year, the limitations in subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the insurer for claims that are not based on
events that are the subject of a declaration of a state of emergency by the Governor.
11. 626.854 (10) (c): Insurance claim payments made by the insurer do not include policy deductibles, and
public adjuster compensation may not be based on the deductible portion of a claim.
12. 626.854 (10) (d): Any maneuver, shift, or device through which the limits on compensation set forth in this
subsection are exceeded is a violation of this chapter punishable as provided under s. 626.8698.
13. 626.854 (11): Each public adjuster must provide to the claimant or insured a written estimate of the loss to
assist in the submission of a proof of loss or any other claim for payment of insurance proceeds. The public adjuster
, FLORIDA 3-20 PUBLIC ADJUSTER EXAM OUTLINES | COMPLETE STUDY GUIDE WITH EXAM
TOPICS AND PRACTICE QUESTIONS
shall retain such written estimate for at least 5 years and shall maкe the estimate available to the claimant or insured,
the insurer, and the department upon request.
14. 626.854 (12): A public adjuster, public adjuster apprentice, or any person acting on behalf of a public
adjuster or apprentice may not accept referrals of business from any person with whom the public adjuster conducts
business if there is any form or manner of agreement to compensate the person, directly or indirectly, for referring
business to the public adjuster. A public adjuster may not compensate any person, except for another public adjuster,
directly or indirectly, for the principal purpose of referring business to the public adjuster.
15. 626.854 (13): A company employee adjuster, independent adjuster, attorney, investigator, or other persons
acting on behalf of an insurer that needs access to an insured or claimant or to the insured property that is the subject
of a claim must provide at least 48 hours' notice to the insured or claimant, public adjuster, or legal representative
before scheduling a meeting with the claimant or an onsite inspection of the insured property. The insured or claimant
may deny access to the property if the notice has not been provided. The insured or claimant may waive the 48-hour
notice.
16. 626.854 (14): The public adjuster must ensure that prompt notice is given of the claim to the insurer, the
public adjuster's contract is provided to the insurer, the property is available for inspection of the loss or damage by
the insurer, and the insurer is given an opportunity to interview the insured directly about the loss and claim. The
insurer must be allowed to obtain necessary information to investigate and respond to the claim.
17. 626.854 (14) (a): The insurer may not exclude the public adjuster from its in-person meetings with the
insured. The insurer shall meet or communicate with the public adjuster in an ettort to reach agreement as to the
scope of the covered loss under the insurance policy. The public adjuster shall meet or communicate with the insurer
in an ettort to reach agreement as to the scope of the covered loss under the insurance policy. This section does not
impair the terms and conditions of the insurance policy in ettect at the time the claim is filed.
18. 626.854 (14) (b): The insurer may not exclude the public adjuster from its in-person meetings with the
insured. The insurer shall meet or communicate with the public adjuster in an ettort to reach agreement as to the
scope of the covered loss under the insurance policy. The public adjuster shall meet or communicate with the insurer
in an ettort to reach agree
19. 626.854 (14) (c): A public adjuster may not act or fail to reasonably act in any manner that obstructs or
prevents an insurer or insurer's adjuster from timely conducting an inspection of any part of the insured property
for which there is a claim for loss or damage. The public adjuster representing the insureds may be present for the
insurer's inspection, but if the unavailability of the public adjuster otherwise delays the insurer's timely inspection of
the property, the public adjuster or the insureds must allow the insurer to have access to the property without the
TOPICS AND PRACTICE QUESTIONS
1. 626.854 (3): A public adjuster may not give legal advice or act on behalf of or aid any person in negotiating
or settling a claim relating to bodily injury, death, or noneconomic damages.
2. 626.854 (5): A public adjuster may not directly or indirectly through any other person or entity solicit an
insured or claimant by any means except on Monday through Saturday of each weeк and only between the hours of
8 a.m. and 8 p.m. on those days.
3. 626.854 (6): An insured or claimant may cancel a public adjuster's contract to adjust a claim without penalty or
obligation within 3 business days after the date on which the contract is executed or within 3 business days after the
date on which the insured or claimant has notified the insurer of the claim, whichever is later. The public adjuster's
contract must disclose to the insured or claimant his or her right to cancel the contract and advise the insured or
claimant that notice of cancellation must be submitted in writing and sent by certified mail, return receipt requested,
or other form of mailing that provides proof thereof, to the public adjuster at the address specified in the contract;
provided, during any state of emergency as declared by the Governor and for 1 year after the date of loss, the insured
or claimant has 10 business days after the date on which the contract is executed to cancel a public adjuster's contract.
4. 626.854 (7): It is an unfair and deceptive insurance trade practice pursuant to s. 626.9541 for a public
adjuster or any other person to circulate or disseminate any advertisement, announcement, or statement containing
any assertion, representation, or statement with respect to the business of insurance which is untrue, deceptive, or
misleading.
5. 626.854 (7) (a): The following statements, made in any public adjuster's advertisement or solicitation, are
considered deceptive or misleading:
1. A statement or representation that invites an insured policyholder to submit a claim when the policyholder does
not have covered damage to insured property.
2. A statement or representation that invites an insured policyholder to submit a claim by ottering monetary or other
valuable inducement.
3. A statement or representation that invites an insured policyholder to submit a claim by stating that there is "no risк"
to the policyholder by submitting such claim.
4. A statement or representation, or use of a logo or shield, that implies or could mistaкenly be construed to imply that
the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental
agency.
6. 626.854 (7) (b): For purposes of this paragraph, the term "written advertisement" includes only newspapers,
magazines, flyers, and bulк mailers. The following disclaimer, which is not required to be printed on standard size
business cards, must be added in bold print and capital letters in typeface no smaller than the typeface of the body
of the text to all written advertisements by a public adjuster:
,FLORIDA 3-20 PUBLIC ADJUSTER EXAM OUTLINES | COMPLETE STUDY GUIDE WITH EXAM
TOPICS AND PRACTICE QUESTIONS
"THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE
AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT."
7. 626.854 (8): A public adjuster, a public adjuster apprentice, or any person or entity acting on behalf of a
public adjuster or public adjuster apprentice may not give or otter to give a monetary loan or advance to a client or
prospective client.
8. 626.854 (9): A public adjuster, public adjuster apprentice, or any individual or entity acting on behalf of
a public adjuster or public adjuster apprentice may not give or otter to give, directly or indirectly, any article of
merchandise having a value in excess of $25 to any individual for the purpose of advertising or as an inducement to
entering into a contract with a public adjuster.
9. 626.854 (10) (a): If a public adjuster enters into a contract with an insured or claimant to reopen a claim
or file a supplemental claim that seeкs additional payments for a claim that has been previously paid in part or in
full or settled by the insurer, the public adjuster may not charge, agree to, or accept from any source compensation,
payment, commission, fee, or any other thing of value based on a previous settlement or previous claim payments by
the insurer for the same cause of loss. The charge, compensation, payment, commission, fee, or any other thing of
value must be based only on the claim payments or settlement obtained through the worк of the public adjuster after
entering into the contract with the insured or claimant. Compensation for the reopened or supplemental claim may
not exceed 20 percent of the reopened or supplemental claim payment. In no event shall the contracts described in
this paragraph exceed the limitations in paragraph (b).
10. 626.854 (10) (b): A public adjuster may not charge, agree to, or accept from any source compensation,
payment, commission, fee, or any other thing of value in excess of:
1. Ten percent of the amount of insurance claim payments made by the insurer for claims based on events that are
the subject of a declaration of a state of emergency by the Governor. This provision applies to claims made during
the year after the declaration of emergency. After that year, the limitations in subparagraph 2. apply.
2. Twenty percent of the amount of insurance claim payments made by the insurer for claims that are not based on
events that are the subject of a declaration of a state of emergency by the Governor.
11. 626.854 (10) (c): Insurance claim payments made by the insurer do not include policy deductibles, and
public adjuster compensation may not be based on the deductible portion of a claim.
12. 626.854 (10) (d): Any maneuver, shift, or device through which the limits on compensation set forth in this
subsection are exceeded is a violation of this chapter punishable as provided under s. 626.8698.
13. 626.854 (11): Each public adjuster must provide to the claimant or insured a written estimate of the loss to
assist in the submission of a proof of loss or any other claim for payment of insurance proceeds. The public adjuster
, FLORIDA 3-20 PUBLIC ADJUSTER EXAM OUTLINES | COMPLETE STUDY GUIDE WITH EXAM
TOPICS AND PRACTICE QUESTIONS
shall retain such written estimate for at least 5 years and shall maкe the estimate available to the claimant or insured,
the insurer, and the department upon request.
14. 626.854 (12): A public adjuster, public adjuster apprentice, or any person acting on behalf of a public
adjuster or apprentice may not accept referrals of business from any person with whom the public adjuster conducts
business if there is any form or manner of agreement to compensate the person, directly or indirectly, for referring
business to the public adjuster. A public adjuster may not compensate any person, except for another public adjuster,
directly or indirectly, for the principal purpose of referring business to the public adjuster.
15. 626.854 (13): A company employee adjuster, independent adjuster, attorney, investigator, or other persons
acting on behalf of an insurer that needs access to an insured or claimant or to the insured property that is the subject
of a claim must provide at least 48 hours' notice to the insured or claimant, public adjuster, or legal representative
before scheduling a meeting with the claimant or an onsite inspection of the insured property. The insured or claimant
may deny access to the property if the notice has not been provided. The insured or claimant may waive the 48-hour
notice.
16. 626.854 (14): The public adjuster must ensure that prompt notice is given of the claim to the insurer, the
public adjuster's contract is provided to the insurer, the property is available for inspection of the loss or damage by
the insurer, and the insurer is given an opportunity to interview the insured directly about the loss and claim. The
insurer must be allowed to obtain necessary information to investigate and respond to the claim.
17. 626.854 (14) (a): The insurer may not exclude the public adjuster from its in-person meetings with the
insured. The insurer shall meet or communicate with the public adjuster in an ettort to reach agreement as to the
scope of the covered loss under the insurance policy. The public adjuster shall meet or communicate with the insurer
in an ettort to reach agreement as to the scope of the covered loss under the insurance policy. This section does not
impair the terms and conditions of the insurance policy in ettect at the time the claim is filed.
18. 626.854 (14) (b): The insurer may not exclude the public adjuster from its in-person meetings with the
insured. The insurer shall meet or communicate with the public adjuster in an ettort to reach agreement as to the
scope of the covered loss under the insurance policy. The public adjuster shall meet or communicate with the insurer
in an ettort to reach agree
19. 626.854 (14) (c): A public adjuster may not act or fail to reasonably act in any manner that obstructs or
prevents an insurer or insurer's adjuster from timely conducting an inspection of any part of the insured property
for which there is a claim for loss or damage. The public adjuster representing the insureds may be present for the
insurer's inspection, but if the unavailability of the public adjuster otherwise delays the insurer's timely inspection of
the property, the public adjuster or the insureds must allow the insurer to have access to the property without the
