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    5 Things Florida Annuity Buyers Should Know

    Florida has specific rules designed to protect annuity buyers — from best-interest requirements to a 21-day review period. Here are five things worth knowing before you sign an annuity contract.

    Headshot of Evan Sussman

    By Evan Sussman, IFW Certified Retirement Income ExpertPublished Sep. 20267 min read

    Know Before You Buy

    Five Florida consumer protections and considerations worth understanding

    1. 01

      Best-Interest Standard

      Recommendations must address your situation, needs and objectives.

    2. 02

      21-Day Free Look

      Florida gives you time to review the contract you receive.

    3. 03

      Replacement Disclosure

      Comparisons and compensation disclosure are required.

    4. 04

      Guaranty Association

      FLAHIGA may protect eligible contracts — within limits.

    5. 05

      Licensing & Questions

      Verify the agent's license, then ask better questions.

    Retired couple walking a palm-lined Florida beachfront promenade at golden hour

    Florida is one of America's most popular retirement destinations — and for many retirees, protecting savings and creating dependable retirement income become increasingly important as they transition from accumulating money to using it.

    Annuities can play a role in that transition. But choosing an annuity isn't simply about comparing rates or looking for the highest potential income.

    The contract matters. The insurance company matters. Your financial situation matters. And in Florida, there are specific consumer protections you should understand before making a decision.

    1. Florida Requires Annuity Recommendations to Be in Your Best Interest

    This is an important place to start.

    Under Florida law, when an insurance agent recommends an annuity, the agent must act in the best interest of the consumer and cannot put the agent's or insurance company's financial interest ahead of the consumer's interest.

    But what does that actually mean? It means an annuity recommendation shouldn't happen in a vacuum.

    Florida's statute identifies a detailed set of consumer information that can be relevant when determining whether an annuity recommendation addresses someone's needs and objectives. That includes things such as:

    • Your age
    • Annual income
    • Financial situation and obligations
    • Financial experience
    • Insurance needs
    • Financial objectives
    • How you intend to use the annuity
    • Your financial time horizon
    • Existing investments, annuities and insurance
    • Liquidity needs
    • Liquid net worth
    • Risk tolerance
    • Where the money to purchase the annuity is coming from
    • Tax status

    2. Florida Gives You Time to Review Your Annuity

    Here's a Florida consumer protection every annuity buyer should know.

    Think of It as Your Opportunity to Double-Check the Decision

    Once you receive your actual contract, don't simply file it away. Use the review period. Look at:

    • The surrender schedule
    • Withdrawal provisions
    • Interest-crediting terms
    • Income provisions, if applicable
    • Optional riders
    • Rider or contract charges
    • Death-benefit provisions
    • Any other guarantees or limitations that influenced your decision

    And make sure what you see in the contract matches what you thought you were buying. Florida's consumer guide specifically tells consumers to read their contracts and make sure they understand what they cover.

    Retired Florida couple reviewing annuity paperwork and a tablet on a waterfront porch
    Florida buyers have a defined window to review the contract they actually receive.

    3. Be Especially Careful When Replacing an Existing Annuity

    Sometimes replacing an existing annuity with a new one can make sense. Sometimes it may not. What matters is understanding both sides of the transaction.

    When an agent recommends an annuity replacement in Florida, the Florida Department of Financial Services says the agent must provide a disclosure and comparison involving the proposed annuity and the existing annuity. The agent must also provide a document explaining how the agent is compensated for the annuity sale.

    Before replacing an annuity, don't just ask “What am I getting?” Also ask “What am I giving up?”

    What Am I Gaining? / What Am I Giving Up?

    What Could I Gain?

    Different guarantees

    What Could I Give Up?

    Existing guarantees

    What Could I Gain?

    Different income features

    What Could I Give Up?

    Existing income benefits

    What Could I Gain?

    New crediting options

    What Could I Give Up?

    Existing crediting terms

    What Could I Gain?

    Different rider benefits

    What Could I Give Up?

    Existing riders

    What Could I Gain?

    Different liquidity provisions

    What Could I Give Up?

    Current withdrawal privileges

    What Could I Gain?

    A new surrender schedule

    What Could I Give Up?

    Progress already made through the existing surrender period

    Depending on the contracts involved, replacing an annuity can also involve surrender charges or other financial consequences.

    4. Florida Has a Guaranty Association — But Understand What It Means

    An annuity is a contract with an insurance company. That means the financial strength and claims-paying ability of the issuing insurer matter.

    Florida Life & Health Insurance Guaranty Association (FLAHIGA)

    FLAHIGA can provide certain protections to eligible Florida policyholders if a member insurance company becomes insolvent. Current FLAHIGA information lists maximum protection, assuming the contract qualifies for coverage, of:

    Deferred Annuity

    $250,000

    Net cash surrender value per contract owner. For deferred annuities, total cash-surrender protection per owner per member insurance company is $250,000.

    Annuity in Benefit

    $300,000

    Per contract owner.

    Coverage is subject to eligibility requirements, statutory limits and applicable aggregation rules.

    A Better Way to Think About Protection

    1. 1

      Understand the financial strength of the insurance company

      Start with who is standing behind the contract.

    2. 2

      Understand the contractual guarantees of your annuity

      Know exactly which features are guaranteed and which are not.

    3. 3

      Understand what state guaranty protection may apply

      Treat it as a backstop for insolvency, not as a primary guarantee.

    5. Know Who You're Working With — and Ask Better Questions

    You don't have to become an annuity expert before buying one. But you should understand enough to ask good questions.

    Florida's Department of Financial Services says annuities must be sold by appropriately licensed and appointed insurance agents and encourages consumers to verify licensing status. Its consumer guide also specifically identifies checking the licensing status of an insurance or securities professional as a consumer responsibility.

    But verifying a license should only be the beginning.

    Your Florida Annuity Buyer's Checklist

    • Why is this particular annuity being recommended to me?
    • What retirement goal is it intended to address?
    • What portion of my retirement assets will remain liquid?
    • How long is the surrender period?
    • How much can I withdraw without a surrender charge?
    • What fees or rider charges apply?
    • Which features are guaranteed and which are not?
    • How is interest or investment performance determined?
    • What happens if I need more access to my money than expected?
    • What happens to the contract when I die?
    • What insurance company is providing the guarantees?
    • Have I independently verified the agent's Florida license?
    • Have I actually reviewed the contract during Florida's 21-day free-look period?

    That's a much better foundation for making an informed decision.

    Florida Annuity Buyers Have Protections — But Your Decisions Still Matter

    Florida provides meaningful consumer protections around annuity transactions. Annuity recommendations are subject to a best-interest standard. Consumers receive time to review their contracts. Replacements involve additional disclosure requirements. Agents must be appropriately licensed. And Florida has a guaranty association that may provide protection when an eligible member insurer becomes insolvent.

    But consumer protections don't eliminate the need to understand what you're buying. There is no one-size-fits-all annuity. An annuity that makes sense for one Florida retiree may be completely inappropriate for another based on income needs, assets, liquidity, timeline, risk tolerance, tax situation and retirement goals.

    Sources

    1. 1.Annuity Overview — annuity types, replacements, free-look provisions and buying considerations — Florida Department of Financial Services
    2. 2.Annuities: A Guide for Consumers — consumer rights and responsibilities — Florida Department of Financial Services
    3. 3.Florida Statute §627.4554 — Suitability in Annuity Transactions — The Florida Legislature
    4. 4.Coverage eligibility and statutory limits — Florida Life & Health Insurance Guaranty Association

    Go deeper in the Knowledge Hub

    Educational guides that expand on the topics covered in this article.

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