- • Florida caps the public-adjuster fee at 20% of the claim payment (Fla. Stat. § 626.854).
- • For claims arising from an event that is the subject of a declared state of emergency, the Florida cap drops to 10% for the first year after the declaration.
- • The Florida fee is calculated on what the insurer actually pays; it may not be charged on your deductible.
- • South Carolina sets no statutory percentage cap; the fee is whatever the written contract states, with the disclosures required under S.C. Code Title 38, Chapter 48.
- • These figures are general information. Confirm the current statute and read your own contract before signing.
The Florida cap: 20%, and 10% after a declared emergency
Florida is one of the states that caps public-adjuster compensation by statute. Under Fla. Stat. § 626.854, the fee cannot exceed:
The 10% figure is the one that matters after a hurricane: when the Governor declares a state of emergency for a storm, claims arising from that event carry the lower cap in the first year. The reduced cap is a consumer protection. It keeps the fee on a catastrophe claim from eating too far into the recovery.
What the fee is calculated on
The cap is a percentage of the claim payment, the amount the insurer actually pays on the claim. It is not a percentage of your policy limit, your loss, or your estimate. If the carrier pays $30,000, the Florida non-emergency fee is capped at $6,000 (20% of $30,000), not a percentage of whatever the full loss might have been.
One detail worth confirming in the contract: whether the percentage applies to money the carrier already paid before you hired the adjuster, or only to new recovery the adjuster helps produce. Read the definition of the base the fee attaches to. It is where contracts differ.
The fee cannot be charged on your deductible
In Florida, the fee is based on what the insurer pays, which means it is not charged on your deductible, the money you are responsible for out of pocket. Your hurricane deductible on a coastal policy is often a percentage of the dwelling limit, not a flat dollar amount, so this rule can matter a great deal.
Work out your own deductible first with the deductible calculator, then confirm the adjuster’s fee is calculated only on what the carrier pays above it.
Worked examples
The arithmetic below is illustrative only: a demonstration of how the caps work, not a quote, an estimate of any claim’s value, or a prediction. Real payments and contract rates vary.
South Carolina: no cap, set by contract
South Carolina takes the opposite approach. There is no statutory percentage cap on public-adjuster fees. The compensation is whatever the written contract between the adjuster and the insured states, and that contract must carry the disclosures and terms required under S.C. Code Title 38, Chapter 48.
The practical consequence: in South Carolina the number in the contract is the ceiling, because the legislature has not set one. That makes reading the percentage, and what it is applied to, even more important than in Florida. Confirm the adjuster’s license with the South Carolina Department of Insurance and get every fee term in writing.
Contract terms to check before signing
And before any of this: verify the license and run the red-flags checklist. A door-knocker pushing you to sign a fee contract on the spot is the classic warning sign.
Public-adjuster fee FAQ
How much can a public adjuster charge in Florida?
Florida caps the fee at 20% of the claim payment. For claims arising from an event that is the subject of a declared state of emergency by the Governor, the cap is 10% for the first year after the declaration (Fla. Stat. § 626.854). The fee is a percentage of what the insurer pays and may not be charged on your deductible. Confirm the current statute, figures change.
Is the 10% Florida cap permanent for hurricane claims?
The 10% cap applies to claims arising from an event that is the subject of a declared state of emergency, for the first year after the declaration. After that first-year window the standard cap applies. Because the exact timing and triggers are statutory and can change, confirm how it applies to your storm and your dates with counsel or the current statute.
Can a public adjuster charge a fee on my deductible?
In Florida, no, the fee is based on what the insurer actually pays, not on your deductible. In South Carolina the compensation is contractual, so read exactly what base the percentage is applied to before signing.
Does South Carolina cap public-adjuster fees?
South Carolina does not set a statutory percentage cap. The fee is whatever the written contract states, which must include the consumer disclosures required by S.C. Code Title 38, Chapter 48. Confirm the percentage and what it applies to before you sign.
Is a public adjuster’s fee worth it?
It depends on the size and complexity of the claim and how far apart your number and the carrier’s number are. On a large, contested valuation claim the documentation and negotiation can outweigh the percentage; on a small claim near the deductible it often will not. See our guide on when to hire a public adjuster.
- Fla. Stat. § 626.854, Public adjuster; conduct and compensation ↗, The fee cap: 20% of the claim payment, 10% for declared-emergency claims in the first year; fee excludes the deductible.
- S.C. Code Title 38, Chapter 48, Public Insurance Adjusters ↗, South Carolina licensing, contract, and disclosure requirements; no statutory percentage fee cap.
- Florida DFS, Licensee Search ↗, Free public roster, verify the adjuster’s license before signing any fee contract.
- South Carolina DOI ↗, Department of Insurance, licensing and consumer resources.
Not legal advice, and not a quote or a prediction of any claim value. Caps and their triggers change; confirm Fla. Stat. § 626.854 and your own contract with a licensed attorney. South Carolina public-adjuster rules per S.C. Code Title 38, Chapter 48.
Denied, not just underpaid? An attorney review is free.
A public adjuster’s percentage buys documentation and negotiation on a covered claim. If the carrier denied coverage or is acting in bad faith, that is a legal fight, and a property-insurance attorney review costs nothing up front.
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▸ SEE THE FULL SITE MAP →Coverage summaries, policy-language quotations, dollar figures, deadlines, and chart examples throughout this site are general information based on typical or standard policy forms and are illustrative only: they are not a quote, a guarantee of coverage, or a promise of any outcome. Every insurance policy is different: your own policy, endorsements, and state law control, so read your policy and confirm current statutes. Weather imagery courtesy of NOAA, the National Hurricane Center, and the National Weather Service. Legal services are provided by Halversen Law. Nothing on this site is legal advice; consult an attorney about your specific claim.
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