BROWARD COUNTY, Fla — In 2022, following the devastation from Hurricane Ian, a cancer survivor and a widow hired a public adjuster to help them through, not only the disaster, but to take some of the stress off of everything going on in their personal lives.
It is essential to begin this report by informing readers that it is unlawful for a public adjuster to include a "power of attorney" provision in any contract. We'll get to that later.
Watch report from Michael Paluska
The Florida Division of Insurance Fraud is the lead investigator on the case. According to the probable cause affidavit out of Broward County, Francisco Chaparro is charged with insurance fraud, exploiting the elderly, and grand theft.
He is listed as the registered owner of All Elements Public Adjusters, located in Miramar, Florida, Broward County. ABC Action News is showing Chaparro's mugshot because investigators tell ABC Action News reporter Michael Paluska they believe there could be more victims.
"This is an open and ongoing investigation. The arrest was made based on an initial victim's report that a public adjuster failed to forward insurance claim funds," Devin Galetta, Communications Director with the Florida Department of Financial Services, said in an e-mail to Paluska.
"Since then, additional victims—primarily from Florida's west coast—have come forward with similar allegations involving the same individual, all related to claims filed after Hurricane Ian. The subject is believed to have operated in multiple areas of the state following the storm."
"I am 71 years old, and I'm trying to get a job at minimum wage. I'm going today for an interview," Pam Pettingill told Paluska. "It's affected my whole life."
Charlotte County initially investigated Pettingill's case, which was then transferred to the Florida Division of Insurance Fraud, where it remains under investigation.
Pettingill says she hired Chaparro after Hurricane Ian damaged her roof. She said he came highly recommended.
"My neighbor had a personal friend, and they were public adjusters, and they're like, 'you just lost your husband six months ago. You should be dealing with the mourning and taking care of your house and cleaning up. Let them do the work for you. It'll take a lot of stress off your plate,'" Pettingill said. "I didn't know what a public adjuster was, you know, but they had hired several people. Had the same people, several people in that neighborhood had hired Francisco, so I felt that that would be safe."
According to insurance documents and copies of cleared checks, Pettingill told investigators Chaparro stole $63,618.92.
Another alleged victim in this case is Carla Dickey. Dickey checks in regularly with the detective assigned to the case, but feels like it is taking too long.
"My case is still an open investigation, and he has not filed charges yet. In my case, I'm being told that there are multiple victims and that they will all be filed as one large case the next time that it gets filed with more than 10 victims," Dickey said.
Heavy winds and rain from Hurricane Ian caused flooding at Dickey's home in Lee County. At the time, she was battling cancer. She tells Paluska she hired Chaparro following another recommendation, after she felt that the initial insurance assessment to fix her damaged home was too low. She told investigators she never received the $34,048.05 in damage payouts from Citizens.
"I'm going to let everybody know how many people you've ruined, how many people's lives you've ruined. They have ruined people's lives," Dickey said. "I'm completely disgusted, I'm very upset, I'm very angry, I'm very hurt. I've I feel like there's no answers and that there's no recovery, and I just want to fix my house. I'm living in this for two years with flooring that needs to be torn out and replaced, which has possible mold or mildew."Here is where a power of attorney comes in.
Both Pettingill and Dickey's contracts reviewed by ABC Action News gave Chaparro power of attorney, which is "a legal document delegating authority from one person to another. In the document, the maker of the power of attorney (the "principal") grants the right to act on the maker's behalf as that person's agent.
What authority is granted depends on the specific language of the power of attorney. A person giving a power of attorney may make it very broad or may limit it to certain specific acts," according to the Florida Bar. "Never sign a power of attorney," Mohammad Mubarak, a former prosecutor and now partner at MSO law.
Following the 2022 landfall of Hurricane Ian, Mubarak reports that Florida legislators changed the law regarding public adjusters and power of attorney, now making it illegal for an adjuster to add power of attorney to any contract. He said there are ways a homeowner can protect themselves.
"Number one, make sure that they're licensed, check their Google reviews or Facebook reviews, Better Business Bureau, do your research to make sure that they are the qualified person that you need to be hiring," Mubarak said. "I would say, don't just trust anyone who has a license. Do your research, do your due diligence, and look them up online again; also, check for reviews. Maybe your neighbor used them. Ask for a reference. Those are ways to protect yourself. Checks and balances keep the insurance companies honest, just like there are bad public adjusters and bad attorneys, there are 99% who are doing the right thing."
Multiple requests for comment to Chaparro and his attorney were not returned. Chaparro's next court appearance is scheduled for September.
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