Key Takeaways

  • Florida adopted the NAIC Suitability in Annuity Transactions Model Regulation requiring a best interest standard
  • Producers must gather complete financial information before recommending an annuity including income, assets, and risk tolerance
  • Documentation of the suitability analysis must be maintained for at least 5 years
  • Florida requires enhanced disclosures for annuity transactions including fees, surrender charges, and material limitations
  • Insurers must establish supervision systems to review annuity transactions for compliance
Last updated: January 2026

Florida Annuity Suitability Requirements

Florida has adopted comprehensive annuity suitability regulations based on the NAIC Suitability in Annuity Transactions Model Regulation to protect consumers from unsuitable annuity sales.

Best Interest Standard

Florida requires annuity recommendations to meet a best interest standard:

Core Obligations

ObligationRequirement
Best InterestRecommendation must be in consumer's best interest
Care DutyExercise reasonable diligence, care, and skill
Disclosure DutyDisclose material conflicts of interest
Documentation DutyDocument basis for recommendation

What "Best Interest" Means

The producer must:

  • Have reasonable basis for the recommendation
  • Believe recommendation is in consumer's best interest
  • Consider the consumer's financial situation and needs
  • Not prioritize compensation over consumer needs

Exam Tip: Florida's best interest standard is higher than the older "suitability" standard. The recommendation must genuinely serve the consumer's interests.

Required Consumer Information

Before recommending an annuity, the producer must gather:

Consumer Profile

CategoryInformation Required
AgeCurrent age and retirement status
Annual IncomeAll sources of income
Financial SituationAssets, savings, investments
Tax StatusTax bracket, qualified/non-qualified
Financial ExperienceInvestment knowledge
Financial ObjectivesGoals for the annuity
Intended UsePurpose of the funds
Time HorizonWhen funds will be needed
Liquidity NeedsNeed for access to funds
Risk ToleranceWillingness to accept risk
Existing CoverageCurrent insurance/annuities

Documentation Requirements

Florida requires thorough documentation:

What Must Be Documented

  • Consumer profile information gathered
  • Products considered
  • Why the recommendation was made
  • How the product meets consumer's needs
  • Any concerns addressed

Records Retention

Record TypeRetention Period
Suitability analysis5 years
Consumer disclosures5 years
Transaction records5 years
Recommendation basis5 years

Consumer Refusal to Provide Information

If a consumer refuses to provide required information:

Required Steps

  1. Document which information was refused
  2. Inform consumer recommendation may not be suitable
  3. Obtain signed acknowledgment
  4. May proceed if consumer signs

Acknowledgment Must State

  • Consumer was advised of importance of information
  • Consumer chose not to provide it
  • Recommendation may not be in best interest
  • Consumer takes responsibility

Insurer Supervision Requirements

Florida insurers must establish supervision systems:

Supervision Duties

DutyRequirement
Written ProceduresPolicies for suitability
TrainingTrain producers
Review SystemReview transactions
Corrective ActionAddress violations
Record KeepingMaintain records

Transaction Review

Insurers must review for:

  • Completeness of documentation
  • Appropriateness of recommendation
  • Red flags (churning, unsuitable products)
  • Producer compliance patterns

Florida-Specific Annuity Rules

Florida Free Look Period

Florida provides a 21-day free look period for annuities:

ProductFree Look Period
Annuities21 days
Life Insurance14 days
LTC Insurance30 days

Exam Tip: Florida's 21-day free look for annuities is longer than many states. This is a frequently tested Florida-specific rule.

Variable Annuity Requirements

For variable annuities in Florida:

  • Life insurance license required
  • FINRA Series 6 or 7 required
  • Prospectus must be delivered
  • Enhanced suitability analysis

Penalties for Violations

OIR and DFS can impose penalties:

ViolationPotential Penalty
First offenseWarning, fine
Repeat offenseSuspension or revocation
Pattern of violationsLicense revocation
Consumer harmRequired restitution
Per violationUp to $5,000

Aggravating Factors

Regulators consider:

  • Whether violation was intentional
  • Consumer harm caused
  • Producer's disciplinary history
  • Whether producer cooperated

Safe Harbor Provisions

Fiduciary Standards

Producers subject to fiduciary standards under SEC or DOL may satisfy Florida requirements by meeting those standards if:

  • Fiduciary standard meets or exceeds Florida's
  • Producer complies fully
  • Documentation is maintained

Exam Tip: Insurance-only producers (not SEC or DOL registered) must fully comply with Florida's suitability requirements.

Test Your Knowledge

What is the free look period for annuities in Florida?

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Test Your Knowledge

Under Florida annuity suitability rules, what standard must producers meet?

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How long must Florida producers retain annuity suitability documentation?

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Test Your Knowledge

Which of the following is NOT required consumer information under Florida suitability rules?

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Test Your Knowledge

What must a producer do if a consumer refuses to provide required information in Florida?

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