Ameriloss Public Adjuster State of Emergency Fee Cap Rule Challenge Dismissed by Florida Division of Administrative Hearings

In a June 29, 2010 Final Order, the Florida Division of Administrative Hearings (“DOAH”) dismissed an April 16, 2010 petition by Ameriloss Public Adjusting Corporation (“Ameriloss”) in which it had sought a formal hearing to determine whether Rule 69B-220.201(5)(d), Florida Administrative Code is ” . . . an invalid exercise of delegated legislative authority within the meaning of § 120.52(8), Florida Statutes.  The Rule imposes a retroactive and perpetual fee cap of 10 percent on public adjuster contracts relating to claims arising out of a declared State of Emergency in Florida.

Any petition for review or appeal of the dismissal must be filed with the appropriate District Court of Appeal within 30 days. 

Prior to the June 29 dismissal, the Florida Department of Financial Services had issued a February 16, 2010 Declaratory Statement providing answers to questions raised by Ameriloss in a November 19, 2009 petition referencing the aforementioned statute, Rule and applicability of the Rule to specific scenarios occurring both before and after the statute’s October 1, 2008 effective date.