Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69O - OIR - Insurance Regulation › Chapter 69O-125 - UNFAIR DISCRIMINATION › Section 69O-125.001 - Unfair Discrimination Because of Sex or Marital Status

Current through Reg. 50, No. 138; July 16, 2024
(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 insurance of annuity contract or
				shall cancel or decline to renew any policy, contract or certificate of
				insurance or annuity contract solely because of the sex or marital status of
				the applicant, insured, policyholder, certificate holder or annuitant; nor
				shall said insurer or person engaged in the business of insurance in this state
				provide in such policy, contract or certificate of insurance or annuity
				contract for the payment of dividends or other benefits of whatever nature or
				kind, nor provide therein contractual terms or conditions, which based solely
				upon the sex or marital status of the applicant, insured, policyholder,
				certificate holder or annuitant, except to the extent the amount of benefits,
				term, conditions, or type of coverage vary as a result of the application of
				rate differentials permitted under the Florida Insurance Code. However, nothing
				in this rule shall prohibit an insurer from taking marital status into account
				for the purpose of defining persons eligible for dependents'
				benefits.
(2) This rule does not
				apply to or affect the right of fraternal benefit societies to determine
				eligibility requirements for membership. If a fraternal benefit society does,
				however, admit members of both sexes, this rule is applicable to the insurance
				benefits available to members thereof.
(3) Specific examples of practices prohibited
				by this rule include but are not limited to the following:
(a) Denying coverage to females gainfully
				employed at home, employed part-time or employed by relatives when coverage is
				offered to males similarly employed.
(b) Denying policy riders to females when the
				riders are available to males.
(c)
				Denying maternity benefits to insureds or prospective insureds purchasing an
				individual contract when comparable family coverage contracts offer maternity
				benefits.
(d) Denying under group
				contracts, dependent coverage to husbands of female employees, when dependent
				coverage is available to wives of male employees.
(e) Denying disability income contracts to
				employed women when coverage is offered to men similarly employed.
(f) Treating complications of pregnancy
				differently from any other illness or sickness under the contract.
(g) Restricting, reducing, modifying, or
				excluding benefits relating to coverage involving the genital organs of only
				one sex.
(h) Offering lower maximum
				monthly benefits to women than to men who are in the same classification under
				a disability income contract.
(i)
				Offering more restrictive benefit periods and more restrictive definitions of
				disability to women than to men in the same classifications under a disability
				income contract.
(j) Establishing
				different conditions by sex under which the policyholder may exercise benefit
				options contained in the contract.
(k) Limiting the amount of coverage an
				insured or prospective insured may purchase based upon the marital status
				unless such limitation is for the purpose of defining persons eligible for
				dependents' benefits.