Florida Insurance Advertising Rules: What the Law Requires and How to Comply

Insurance advertising rules are spread across the unfair practices statute (§626.9541, F.S.), the rules of the Department and the Office of Insurance Regulation, and the federal Medicare rules. These are the ones that matter most in an agency's campaign, each with its citation. All of them were checked at their official source on October 17, 2026.

1. Nothing false or misleading about the policy

It's an unfair practice to circulate any illustration, statement, sales presentation, omission or comparison that misrepresents a policy's benefits, advantages, conditions or terms, or to use a policy name that misrepresents its true nature (§626.9541(1)(a)1. and 5., F.S.). So is publishing a false, deceptive or misleading ad about the business of insurance in print, on radio or TV "or in any other manner" (§626.9541(1)(b)), or spreading false statements about another person to harm them (§626.9541(1)(c)).

For health insurance, the rules also bar unfair or incomplete comparisons, disparaging competitors and phrases like "no red tape" (69O-150.011(1)–(2), F.A.C.).

How we handle it: we describe coverage using the details your agency confirms, and we don't publish prices or benefits that aren't in writing.

2. Never look like the government

An ad can't suggest that the state or federal government stands behind an agency or its sales (§626.9541(1)(a)9.), use words, symbols, shapes or colors so close to a government agency's that people assume a connection (69O-150.013(2)–(5), F.A.C.), or give the impression that a state or federal agency approves the insurer or its policies (69O-150.012(2)–(3)). In Medicare Advantage, you also can't say CMS, Medicare or HHS endorses the plan, or use the Medicare name, the CMS logo or the Medicare card in a misleading way (42 CFR 422.2262(a)(1)(ix) and (xvii)).

How we handle it: we design with your brand, with no seals, colors or images that could be mistaken for the government's.

3. Health insurance: the insurer's name and approval

The 69O-150 rules apply to every health insurance ad disseminated in Florida, whether the insurer or an agent on its behalf runs it (69O-150.002(1), F.A.C.). The actual insurer's name goes on all its ads (69O-150.013(1)(a)), and every ad agents use needs the insurer's prior written approval, or verbal approval confirmed in writing later (69O-150.013(10)). If an agent contacts someone whose name came from a lead generator, the agent says so at first contact (69O-150.013(11)).

How we handle it: we put the insurer's name on every health piece and leave time in the calendar for your agency to get the approval.

4. Titles and designations: only the ones you hold

A licensee can't use a designation or title that falsely implies special financial expertise, or terms like "financial advisor" that falsely imply a license for other financial products (§626.9541(1)(ff)1.–3.). A designation counts only if an organization with published standards grants it, and using one that wasn't earned, doesn't exist or is self-conferred is prohibited; the Department states that it doesn't endorse any designation (69B-215.235, F.A.C.).

How we handle it: before we write a title, we ask for the certificate from the organization that granted it.

5. Real testimonials, and "Paid Endorsement" if someone was paid

In health insurance ads, a testimonial is genuine, reflects the person's current opinion and is reproduced accurately; if it's more than a year old, it gets reconfirmed. If the person was paid, the ad says so with "Paid Endorsement" or similar, in type at least as large (69O-150.008(1) and (4), F.A.C.). In Medicare Advantage, the person names the product or company, was enrolled when recorded, any payment is disclosed, and an actor is disclosed as an actor portrayal (42 CFR 422.2262(b)(2)).

How we handle it: we use real clients in their own words and add the right disclaimer on screen.

6. Medicare: the notice that you don't offer every plan

A third-party agency or agent that doesn't sell for every Medicare Advantage organization in the area uses this standard CMS notice: "We do not offer every plan available in your area. Currently we represent [insert number of organizations] organizations which offer [insert number of plans] products in your area. Please contact Medicare.gov or 1-800-MEDICARE to get information on all of your options." It's said on calls before discussing benefits, included in email and chat, displayed prominently on the website and in all marketing materials, including print and TV ads (42 CFR 422.2267(e)(41)).

How we handle it: we make it prominent on the website and in every ad, using the numbers your agency confirms.

7. Gifts and "free" insurance

An insurer or its agent can give away items, gift cards or tickets worth up to $100 in total per insured or prospective insured per calendar year (§626.9541(1)(m)1.). What they can't do is advertise or offer "free" insurance as an incentive to buy or sell goods or services (§626.9541(1)(n)1.), and Medicare Advantage marketing can't use "free" to describe a $0 premium or reduced premiums, deductibles or copays (42 CFR 422.2262(a)(1)(xi)).

The rules at a glance

Where this fits in your marketing

At Brito Marketing these rules go into every campaign from the first draft, in English and Spanish. That's how we approach marketing for insurance agencies in Florida. If you already know what you need, create your marketing plan on our website.

Sources

§626.9541, F.S. · 69B-215.235, F.A.C. · Chapter 69O-150, F.A.C. · 69O-150.008 · 69O-150.011 · 69O-150.012 · 69O-150.013 · 42 CFR 422.2262 · 42 CFR 422.2267. All checked on October 17, 2026.

This isn't legal advice; review your ads with your attorney or with the Florida Department of Financial Services.