FL
Florida House Bill H0655

Florida 2025 Regular Session

Florida House Bill H0655 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14+A bill to be entitled 1
1515 An act relating to pet insurance and wellness 2
1616 programs; amending s. 624.604, F.S.; revising the 3
1717 definition of the term "property insurance" to include 4
1818 a pet insurance option; amending s. 626.9541, F.S.; 5
1919 providing that certain practices relating to pet 6
2020 wellness programs are unfair methods of competition 7
2121 and unfair or deceptive acts or practices; creating s. 8
2222 627.71545, F.S.; providing a short title; providing 9
2323 purpose; providing applicability; providing 10
2424 construction; providing definitions; requiring pet 11
2525 insurers that use such defined terms in their pet 12
2626 insurance policies to use and include the statutory 13
2727 definitions in their policies; requiring pet insurers 14
2828 to also make such definitions available on their 15
2929 websites or their program administrators' websites; 16
3030 requiring pet insurers to make certain disclosures to 17
3131 pet insurance applicants and policyholders; requiring 18
3232 pet insurers to provide a summary of their bases or 19
3333 formulas for determination of claim payments under a 20
3434 pet insurance policy on their websites or their 21
3535 program administrators' websites; requiring pet 22
3636 insurers to disclose certain requirements for required 23
3737 medical examinations of a pet by a veterinarian; 24
3838 requiring pet insurers to create a document with a 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 summary of certain disclosures, to post such document 26
5252 on their websites or their program administrators' 27
5353 websites, and, upon issuance or delivery of a policy 28
5454 to a policyholder, to provide such document to the 29
5555 policyholder; requiring additional written 30
5656 disclosures; providing that certain required 31
5757 disclosures are in addition to disclosures required by 32
5858 the Florida Insurance Code or the Financial Services 33
5959 Commission rules; authorizing pet insurance applicants 34
6060 and policyholders to examine and return insurance 35
6161 policies and riders under certain circumstances; 36
6262 requiring that premiums be refunded under certain 37
6363 circumstances; requiring that pet insurance policies 38
6464 and riders have a specified notice printed on or 39
6565 attached to the first page; authorizing pet insurers 40
6666 to issue policies that exclude coverage on the basis 41
6767 of preexisting conditions with appropriate written 42
6868 disclosure to the applicant or policyholder; providing 43
6969 that the pet insurer has a specified burden of proof 44
7070 with regard to such exclusions; authorizing pet 45
7171 insurers to issue new policies that impose a waiting 46
7272 period of up to a specified period of time for 47
7373 specified illnesses, diseases, or conditions; 48
7474 prohibiting pet insurers from issuing policies 49
7575 imposing a waiting period for accidents; requiring pet 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 insurers who issue a policy that imposes a waiting 51
8989 period to include a provision allowing for waiver of 52
9090 the waiting period upon completion of a medical 53
9191 examination of the covered pet by a veterinarian; 54
9292 authorizing pet insurers to require an examination to 55
9393 be conducted by a veterinarian after the purchase of 56
9494 the policy; providing requirements and authorizations 57
9595 relating to such examination; prohibiting a pet 58
9696 insurer from requiring a medical examination of the 59
9797 covered pet to renew a policy; requiring that certain 60
9898 benefits comply with certain provisions of the Florida 61
9999 Insurance Code; prohibiting insurance applicants' 62
100100 eligibility from being based on participation or lack 63
101101 of participation in wellness programs; requiring pet 64
102102 insurers to ensure that their agents are trained on 65
103103 specified topics; providing rulemaking authority ; 66
104104 providing an effective date. 67
105105 68
106106 Be It Enacted by the Legislature of the State of Florida: 69
107107 70
108108 Section 1. Section 624.604, Florida Statutes, is amended 71
109109 to read: 72
110110 624.604 "Property insurance" defined. —"Property insurance" 73
111111 is insurance on real or person al property of every kind and of 74
112112 every interest therein, whether on land, water, or in the air, 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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123123
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125125 against loss or damage from any and all hazard or cause, and 76
126126 against loss consequential upon such loss or damage, other than 77
127127 noncontractual legal liability for any such loss or damage. 78
128128 Property insurance may include pet insurance that provides 79
129129 coverage for accidents and for illnesses of pets. Property 80
130130 insurance may contain a provision for accidental death or injury 81
131131 as part of a multiple peril homeowner's policy. Such insurance, 82
132132 which is incidental to the property insurance, is not subject to 83
133133 the provisions of this code applicable to life or health 84
134134 insurance. Property insurance does not include title insurance, 85
135135 as defined in s. 624.608. 86
136136 Section 2. Paragraph (hh ) is added to subsection (1) of 87
137137 section 626.9541, Florida Statutes, to read: 88
138138 626.9541 Unfair methods of competition and unfair or 89
139139 deceptive acts or practices defined. — 90
140140 (1) UNFAIR METHODS OF COMPETITION AND UNFAIR OR DECEPTIVE 91
141141 ACTS.—The following are de fined as unfair methods of competition 92
142142 and unfair or deceptive acts or practices: 93
143143 (hh) Sales practices for pet wellness programs. — 94
144144 1. A pet insurance agent may not market a wellness program 95
145145 as pet insurance. 96
146146 2. If a wellness program is sold by a pet insurance agent: 97
147147 a. The purchase of the wellness program may not be a 98
148148 prerequisite to the purchase of pet insurance; 99
149149 b. The costs of the wellness program must be separate and 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 identifiable from any pet insurance policy sold by the pet 101
163163 insurance agent; 102
164164 c. The terms and conditions of the wellness program must 103
165165 be separate from any pet insurance policy sold by the agent; 104
166166 d. The products or coverages available through the 105
167167 wellness program may not duplicate the products or coverages 106
168168 available through the p et insurance policy; and 107
169169 e. The advertising of the wellness program must not be 108
170170 misleading. 109
171171 Section 3. Section 627.71545, Florida Statutes, is created 110
172172 to read: 111
173173 627.71545 Pet insurance; noninsurance wellness programs. — 112
174174 (1) This section may be cited as the "Pet Insurance Act." 113
175175 (2) The purpose of this section is to promote the public 114
176176 welfare by creating a comprehensive regulatory framework within 115
177177 which pet insurance may be sold in this state. 116
178178 (3) This section applies to all of the following: 117
179179 (a) Pet insurance policies that are issued to any resident 118
180180 of this state or that are sold, solicited, negotiated, or 119
181181 offered in this state. 120
182182 (b) Pet insurance policies or certificates that are 121
183183 delivered or issued for delivery in this state. 122
184184 (4)(a) This section may not be construed to prohibit or 123
185185 limit the types of exclusions pet insurers may use in their 124
186186 policies or to require pet insurers to include in such policies 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197197
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199199 any of the limitations or exclusions specified in subsection 126
200200 (9). 127
201201 (b) All other applicable provisions of the Florida 128
202202 Insurance Code apply to pet insurance, except that this section 129
203203 supersedes any general provisions of the Florida Insurance Code 130
204204 which otherwise apply to pet insurance. 131
205205 (5)(a) As used in this section, the term: 132
206206 1. "Chronic condition" means a condition that can be 133
207207 treated or managed, but not cured. 134
208208 2. "Congenital anomaly or disorder" means a condition that 135
209209 is present from birth, whether inherited or caused by the 136
210210 environment, and that may cause or contribute to illness o r 137
211211 disease. 138
212212 3. "Hereditary disorder" means an abnormality that is 139
213213 genetically transmitted from parent to offspring and may cause 140
214214 illness or disease. 141
215215 4. "Orthopedic conditions" means a condition that affects 142
216216 the bones, skeletal muscle, cartilage, tendons , ligaments, or 143
217217 joints. The term includes, but is not limited to, elbow 144
218218 dysplasia, hip dysplasia, intervertebral disc degeneration, 145
219219 patellar luxation, and cranial cruciate ligament rupture, but 146
220220 does not include any cancer or any metabolic, hematopoietic, o r 147
221221 autoimmune disease. 148
222222 5. "Pet insurance" means an insurance policy that provides 149
223223 coverage for accidents and for illnesses and diseases of pets. 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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234234
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236236 Such insurance reimburses a policyholder for expenses associated 151
237237 with medical advice, diagnosis, care, or trea tment provided by a 152
238238 veterinarian, including, but not limited to, the cost of drugs 153
239239 prescribed by the veterinarian. 154
240240 6. "Pet insurance policy" or "policy" includes pet 155
241241 insurance certificates. 156
242242 7. "Preexisting condition" means a condition for which any 157
243243 of the following is true before the effective date of or during 158
244244 a waiting period applicable to a pet insurance policy: 159
245245 a. A veterinarian provided medical advice. 160
246246 b. The pet received previous treatment. 161
247247 c. Based on information from verifiable sources, th e pet 162
248248 had signs or symptoms directly related to the condition for 163
249249 which a claim is being made. 164
250250 165
251251 A condition for which coverage is afforded on a policy is not 166
252252 deemed to be a preexisting condition on any renewal of the 167
253253 policy. 168
254254 8. "Renewal" means the issuan ce and delivery at the end of 169
255255 an insurance policy period of a policy that supersedes the 170
256256 policy previously issued and delivered by the same pet insurer 171
257257 or affiliated pet insurer and that provides types and limits of 172
258258 coverage substantially similar to those contained in the policy 173
259259 being superseded. 174
260260 9. "Veterinarian" means a health care practitioner who is 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271271
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273273 licensed to engage in the practice of veterinary medicine in 176
274274 this state under chapter 474. 177
275275 10. "Waiting period" means the period of time specified in 178
276276 a pet insurance policy which is required to run before some or 179
277277 all of the coverage in the policy may begin. This period may not 180
278278 be applied to renewals of existing coverage. 181
279279 11. "Wellness program" means a subscription or 182
280280 reimbursement-based program that is separate from an insurance 183
281281 policy and that provides goods and services to promote the 184
282282 general health, safety, or well -being of the covered pet. If the 185
283283 subscription or program includes language such as "undertakes to 186
284284 indemnify another," "pays a specified am ount upon determinable 187
285285 contingencies," or "provides coverage for a fortuitous event," 188
286286 the subscription or program is transacting in the business of 189
287287 insurance and is subject to the Florida Insurance Code. This 190
288288 definition is not intended to classify a contra ct directly 191
289289 between a service provider and a pet owner which involves only 192
290290 the two parties as being the business of insurance, unless other 193
291291 indications of insurance also exist. 194
292292 (b) If a pet insurer uses any of the terms defined in 195
293293 paragraph (a) in a pet insurance policy, the pet insurer must 196
294294 use the definition of each term as provided in paragraph (a) and 197
295295 must include each such definition in the policy. The pet insurer 198
296296 must also make such definitions available through a clear and 199
297297 conspicuous link on the m ain page of the website of the pet 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 insurer or the pet insurer's program administrator. 201
311311 (6)(a) A pet insurer transacting pet insurance must 202
312312 disclose the following to pet insurance applicants and 203
313313 policyholders: 204
314314 1. Whether the policy excludes coverage due to any of the 205
315315 following: 206
316316 a. A chronic condition; 207
317317 b. A congenital anomaly or disorder; 208
318318 c. A hereditary disorder; or 209
319319 d. A preexisting condition. 210
320320 2. If the policy includes any other exclusions not listed 211
321321 in subparagraph 1., the following informatio n in a statement in 212
322322 the disclosure: "Other exclusions may apply. Please refer to the 213
323323 exclusions section of the policy for more information." 214
324324 3. Any policy provision that limits coverage through a 215
325325 waiting period, a deductible, a coinsurance payment, or an 216
326326 annual or lifetime policy limit. Waiting periods and applicable 217
327327 requirements must be clearly and prominently disclosed to 218
328328 applicants before the policy purchase. 219
329329 4. Whether the pet insurer reduces coverage or increases 220
330330 premium based on the policyholder's claims history, the age of 221
331331 the covered pet, or a change in the geographic location of the 222
332332 policyholder. 223
333333 5. Whether the underwriting company differs from the brand 224
334334 name used to market and sell the pet insurance. 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 (b) Before issuing a pet insurance polic y, a pet insurer 226
348348 shall, through a clear and conspicuous link on the main page of 227
349349 the pet insurer's or the pet insurer's program administrator's 228
350350 website, provide a summary description of the basis or formula 229
351351 for the pet insurer's determination of claim paym ents under the 230
352352 policy. 231
353353 1. A pet insurer that uses a benefit schedule to determine 232
354354 claim payments under a pet insurance policy must clearly 233
355355 disclose both of the following: 234
356356 a. The applicable benefit schedule in the policy. 235
357357 b. All benefit schedules used by the pet insurer under its 236
358358 pet insurance policies through a clear and conspicuous link on 237
359359 the main page of the pet insurer's or pet insurer's program 238
360360 administrator's website. 239
361361 2. A pet insurer that determines claim payments under a 240
362362 pet insurance policy based on usual and customary fees, or any 241
363363 other reimbursement limitation based on prevailing veterinary 242
364364 service provider charges, shall do both of the following: 243
365365 a. Include a usual and customary fee limitation provision 244
366366 in the policy which clearly descr ibes the pet insurer's basis or 245
367367 formula for determining usual and customary fees and the manner 246
368368 in which that basis or formula is applied in calculating claim 247
369369 payments. 248
370370 b. Disclose the pet insurer's basis for determining usual 249
371371 and customary fees through a clear and conspicuous link on the 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 main page of the pet insurer's or pet insurer's program 251
385385 administrator's website. 252
386386 (c) If any medical examination of the pet by a 253
387387 veterinarian is required to effectuate coverage, the pet insurer 254
388388 must clearly and conspicu ously disclose any requirement for the 255
389389 examination before the policy is purchased and must disclose 256
390390 that examination documentation may result in a preexisting 257
391391 condition exclusion. 258
392392 (d) A pet insurer shall create a summary of all policy 259
393393 disclosures required in paragraphs (a), (b), and (c) in a 260
394394 separate document entitled "Insurer Disclosure of Important 261
395395 Policy Provisions." The pet insurer shall post the document 262
396396 through a clear and conspicuous link on the main page of the pet 263
397397 insurer's or pet insurer's progr am administrator's website. 264
398398 (e) At the time a pet insurance policy is issued or 265
399399 delivered to a policyholder, the pet insurer shall provide the 266
400400 policyholder with a copy of the Insurer Disclosure of Important 267
401401 Policy Provisions document required under parag raph (d), in at 268
402402 least 12-point type. At such time, the pet insurer shall also 269
403403 include a written disclosure with all of the following: 270
404404 1. Contact information for the Division of Consumer 271
405405 Services of the department, including a link and toll -free 272
406406 telephone number, for consumers to submit inquiries and 273
407407 complaints relating to pet insurance products regulated by the 274
408408 department or office. 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 2. The address and customer service telephone number of 276
422422 the pet insurance agent. 277
423423 (f) The disclosures required in this su bsection are in 278
424424 addition to any other disclosures required by the Florida 279
425425 Insurance Code or rules prescribed by the commission. 280
426426 (7) Unless the policyholder has filed a claim under the 281
427427 pet insurance policy, a pet insurance applicant or policyholder 282
428428 may examine and return the policy or rider to the pet insurer or 283
429429 pet insurance agent or broker within 30 days after the applicant 284
430430 or policyholder obtains the receipt and is entitled to the 285
431431 premium refunded if, after examining the policy or rider, he or 286
432432 she is not satisfied for any reason. 287
433433 (8) A pet insurance policy and rider must have a notice 288
434434 prominently printed on or attached to the first page which 289
435435 includes specific instructions to accomplish a return, in type 290
436436 at least as large as any type appearing on the p olicy or rider 291
437437 contract and in substantially the following language: 292
438438 293
439439 You have 30 days after the date you receive this 294
440440 policy, certificate, or rider to review and return it 295
441441 to the company if you decide not to keep it. You do 296
442442 not have to tell the company wh y you are returning it. 297
443443 If you decide not to keep policy, certificate, or 298
444444 rider, simply return it to the company at the 299
445445 company's administrative office, or to the insurance 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 agent or broker from whom you bought it, as long as 301
459459 you have not filed a claim. You must return the 302
460460 policy, certificate, or rider within 30 days after the 303
461461 day you first receive it in order to receive a refund. 304
462462 The company must refund the full amount of any premium 305
463463 paid within 30 days after it receives the returned 306
464464 policy, certificate, or rider. The premium refund will 307
465465 be sent directly to the person who paid it. The 308
466466 policy, certificate, or rider will be void as if it 309
467467 had never been issued. 310
468468 311
469469 (9)(a) A pet insurer may issue a policy that excludes 312
470470 coverage on the basis of one or more preexisting conditions with 313
471471 appropriate written disclosure to the applicant or policyholder. 314
472472 The pet insurer has the burden of proving that the preexisting 315
473473 condition exclusion applies to the condition for which a claim 316
474474 is being made. 317
475475 (b)1. A pet insurer may issue a new policy imposing a 318
476476 waiting period that does not exceed 30 days after effectuation 319
477477 of coverage for illnesses or diseases or for orthopedic 320
478478 conditions not resulting from an accident. A pet insurer may not 321
479479 issue a policy imposing a waiting peri od for accidents. 322
480480 2. A pet insurer issuing a policy that imposes a waiting 323
481481 period must include a provision in its contract which allows the 324
482482 waiting period to be waived upon completion of a medical 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 examination of the pet by a veterinarian. The pet insurer may 326
496496 require the examination to be conducted by a veterinarian after 327
497497 the purchase of the policy. 328
498498 a. A medical examination required under this subparagraph 329
499499 must be paid for by the policyholder, unless the policy 330
500500 specifies that the pet insurer will pay for the examination. 331
501501 b. A pet insurer may specify requirements for the 332
502502 examination and require documentation that the requirements have 333
503503 been satisfied, provided that the specifications do not 334
504504 unreasonably restrict the ability of the applicant or 335
505505 policyholder to waive the waiting period. 336
506506 (c) A pet insurer may not require a medical examination of 337
507507 the covered pet for the policyholder to renew a policy. 338
508508 (d) If a pet insurer includes any prescriptive, wellness, 339
509509 or noninsurance benefit in the policy form, the benefit is made 340
510510 part of the policy contract and must comply with all of the 341
511511 applicable provisions of the Florida Insurance Code. 342
512512 (e) An applicant's eligibility to purchase a pet insurance 343
513513 policy may not be based on his or her participation, or lack of 344
514514 participation, in a separate wellness program. 345
515515 (10)(a) A pet insurer must ensure that its agents are 346
516516 trained on the topics specified in paragraph (b) and that its 347
517517 agents have been appropriately trained on the coverages and 348
518518 conditions of its pet insurance p roducts. 349
519519 (b) The training required under this subsection must 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 include information on all of the following topics: 351
533533 1. Preexisting conditions and waiting periods. 352
534534 2. The differences between pet insurance and noninsurance 353
535535 wellness programs. 354
536536 3. Chronic conditions, congenital anomalies or disorders, 355
537537 and hereditary disorders and the way pet insurance policies 356
538538 address those conditions or disorders. 357
539539 4. Rating, underwriting, renewal, and other related 358
540540 administrative topics. 359
541541 (11) The commission may adopt rules necessary to 360
542542 administer this section. 361
543543 Section 4. This act shall take effect January 1, 2026. 362