This is the Final Public Hearing on the adoption of new Rule 69O-125.003, Florida Administrative Code, published on November 23, 2005, in Vol. 31, No. 47; January 20, 2006, in Vol. 32, No. 3; and March 10, 2006, in Vol. 32, No. 10, of the Florida ...  

  • DATE AND TIME: May 31, 2006, 9:00 a.m., during a regular meeting of the Financial Services Commission

    PLACE: Cabinet Meeting Room, Lower Level, The Capitol, Tallahassee, Florida

    GENERAL SUBJECT MATTER TO BE CONSIDERED: This is the Final Public Hearing on the adoption of new Rule 69O-125.003, Florida Administrative Code, published on November 23, 2005, in Vol. 31, No. 47; January 20, 2006, in Vol. 32, No. 3; and March 10, 2006, in Vol. 32, No. 10, of the Florida Administrative Weekly. A Notice of Change was published on February 24, 2006, In Vol. 32, No. 8 of the Weekly.

    Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this program, please advise the contact person at least 5 calendar days before the program by contacting John Rosbury at E-mail john.rosbury@fldfs.com.

    THE FULL TEXT OF THE PROPOSED RULE IS:

    69O-125.003 Unfair Discrimination Because of Travel Plans.

    (1) No insurer nor person authorized to engage in the business of insurance in the State of Florida shall refuse to issue any policy, contract or certificate of life insurance, annuity contract, accident, disability or health insurance, because of the intent of the applicant to engage in future lawful foreign travel or based upon past lawful foreign travel, unless the insurer can demonstrate that insureds who have traveled or intend to travel are a separate actuarially supportable class whose risk of loss is different from those insureds who have not traveled and do not intend to travel.

    (2) No insurer nor person authorized to engage in the business of insurance in the State of Florida, shall, in determining the rates charged an applicant for coverage under any policy, contract or certificate of life insurance, annuity contract, accident, disability or health insurance, issued or to be issued to be delivered to any resident of this state, consider the intent of the applicant to engage in future lawful foreign travel or past lawful travel of the applicant, unless the insurer can demonstrate that insureds who have traveled or intend to travel are a separate actuarially supportable class whose risk of loss is different from those insureds who have not traveled and do not intend to travel.

    (3) Violation of this rule constitutes unfair discrimination prohibited by Section 626.9541(1)(g), Florida Statutes.

    Specific Authority 626.9611 FS. Law Implemented 626.951, 626.9521, 626.9541(1)(g) FS. History–New ___________.