Direct mail for Florida insurance agents: who to mail and what the card must say

A Florida insurance agent can use postcards to reach homeowners and business owners, as long as the agent is licensed and appointed, the card is truthful, and the card makes no promise the agent cannot keep. The safest message invites a review of coverage and says who you are. It does not promise a lower premium. Every statute and rule cited in this guide is Florida's. If you are licensed in another state, the same ideas probably apply, but the law does not: check your own state insurance department's advertising rules. This is general information, not legal advice. Before you mail, ask your carrier or compliance contact.

Who is allowed to send insurance mail in Florida?

Only a licensed and appointed agent. Under section 626.112 of the Florida Statutes, a person may not be, act as, or advertise as an insurance agent unless currently licensed by the Department of Financial Services and appointed by an insurer or other appointing entity. The same section treats describing coverage or premiums, recommending products and sending invitations to contract as soliciting insurance, which requires a license. A card should go out in the name of the licensed agent or licensed agency, not an unlicensed assistant or a marketing company.

Who should a Florida agent mail?

Mail people who have a current reason to look at their coverage. Public records can show that reason without telling you anything private.

• Homeowners with a recent roof permit. A new roof is a natural time to review a homeowners policy.
• Homeowners with permits for windows, doors or shutters, which relate to what the statutes call opening protection.
• Owners with pool, solar or major remodel permits, where the home has changed and the coverage may need to change with it.
• Newly formed businesses, for commercial lines agents.

Why roof permits matter, stated carefully

Florida law connects a home's construction to its windstorm premium. Section 627.0629 requires residential property insurance rate filings to include actuarially reasonable discounts, credits or other rate differentials, or deductible reductions, for properties with fixtures or construction techniques shown to reduce windstorm loss. The statute's examples include roof strength, roof covering performance, roof-to-wall strength and opening protection.

Section 627.711 requires insurers to tell applicants and policyholders, at issuance and at each renewal, about the availability and range of those discounts. It also creates a uniform mitigation verification inspection form, which insurers must accept when it is signed by an authorized inspector, such as a licensed home inspector with the required training, a licensed contractor, engineer or architect. This is what people usually call a wind mitigation inspection.

Roof age also appears in underwriting law. Under section 627.7011(5), an insurer may not refuse to issue or renew a homeowner's policy solely because of the age of a roof that is less than 15 years old. For a roof that is 15 years old or more, the insurer must allow the owner to get an inspection before requiring replacement.

What must be true of the card?

The core rule is in the Unfair Insurance Trade Practices Act. Section 626.9541(1)(b) makes it an unfair or deceptive act to knowingly put before the public, in a newspaper, circular, letter, poster or any other way, an advertisement or statement about the business of insurance that is untrue, deceptive or misleading. A postcard is covered. Section 626.9541(1)(a) separately prohibits misrepresenting the benefits, advantages, conditions or terms of any insurance policy.

In practice, that means:

• Identify yourself. Print your name, your agency's name and your license number so the reader knows the card comes from a licensed agent.
• Do not suggest a government connection. Section 626.9541(1)(a) also covers statements implying that a government stands behind a product.
• Do not compare carriers or policies unless the comparison is complete and accurate. The same statute prohibits misleading comparisons made to get someone to drop or replace a policy.
• Keep the opt-out line. Tell readers how to stop your mail, and honor it.

We could not find a single Florida provision that spells out how an agent's name and license number must appear on a property insurance postcard. The statutes above are about truthfulness, not layout. Carriers often have their own requirements, so ask yours what identification and wording it expects.

Does Florida Administrative Code Chapter 69B-150 apply?

It depends on what you sell. Chapter 69B-150 is titled "Life and Health Advertising Requirements". Its rules cover subjects such as the form and content of advertisements, identifying the insurer, use of statistics and disparaging comparisons, for life, annuity and health advertising. If your card advertises life or health insurance or an annuity, read that chapter with your compliance contact. A homeowners or commercial property card is not the subject of that chapter, but section 626.9541 applies to all lines.

Can the card offer a gift?

Be careful. Florida treats unlawful rebates and inducements as an unfair practice. Section 626.9541(1)(m) carves out an exception that lets licensed insurers and agents give insureds and prospective insureds advertising and promotional items worth $100 or less per person in a calendar year. Do not rely on this summary. Ask your carrier or compliance contact before you print any offer of a gift, gift card or drawing.

May I use the list to decide who qualifies?

No. Use a mailing list to choose who gets a postcard, and nothing else. Underwriting a consumer's insurance is one of the purposes covered by the federal Fair Credit Reporting Act (15 U.S.C. § 1681b), which governs consumer reports. A marketing list built from public records is not a consumer report and must not be used to decide eligibility, pricing or terms. Those decisions belong to the carrier's underwriting process.

A checklist before you mail

1. Confirm your license and appointment are current for the line on the card.
2. Pick one audience and one reason, such as recent roof permits in the counties you serve.
3. Write the card as an invitation to review coverage. Remove any promise of savings, any percentage and any superlative.
4. Print your name, agency name, license number, phone number and an opt-out line.
5. If you name or show a carrier, get that carrier's approval first.
6. Send the final proof to your carrier or compliance contact and keep their approval on file.
7. Keep a copy of every version you mail and the dates it went out.

PostalNest prints the sender's name and license number on cards for licensed industries, along with who sent the card and an opt-out line. Anyone can stop mail from all senders at postalnest.com/optout. The data sources come from public records such as city building permits, and the data may not be used for FCRA purposes. You remain responsible for what your card says.