This month, The Morgan Law Group P.A. welcomed public adjusters from across the state for two separate breakfast events to inform them about Florida legislation updates — specifically SB 76 and SB 1598, the new Florida Property Insurance Laws — that affect upcoming contracts, insurance claims, and adjustments.
To discuss the new legislation, and how it affects the insurance industry, our Florida insurance claims attorneys hosted approximately 30 public adjusters in Miami on May 14, 2021, and another 20 public adjusters in Orlando on May 18, 2021, to reveal the details of the new laws and how they affect each of our roles in the insurance industry.
The New Florida Property Insurance Law for Admitted and Surplus Lines Insurers
The new laws prohibit certain types of solicitations and the offering of something of value in exchange for a roof inspection or making a roof claim.
It also prohibits a contractor from using prohibited written or electronic advertisement — including door hangers, business cards, magnets, flyers, pamphlets, and emails — that encourages, instructs, or induces a consumer to contact that contractor or public adjuster for purpose of making a claim for roof damage.
The new legislation prohibits certain types of financial incentives in relation to roof claims.
A contractor cannot provide anything of value — including a rebate, gift card, coupon, or deductible waiver — to a residential property owner in exchange for permitting a contractor to inspect the roof or for making an insurance claim for damage to the owner’s roof.
The new statute prohibits referral fees or rewards for the referral of any services payable by property insurance proceeds.
Unlike now, public adjusting firms will require licensure, unless it is a sole practitioner who operates under their own name, has no employees, and uses the services of other licensees.
Finally, the new legislation also revises the timeframes in which an insured or a claimant may cancel a public adjuster’s contract to adjust a claim without penalty or obligation.