Florida 2022 Regular Session

Florida House Bill H0367 Compare Versions

Only one version of the bill is available at this time.

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10	10	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	14	A bill to be entitled 1
15	15	An act relating to Juneteenth Day; amending s. 2
16	16	110.117, F.S.; designating Juneteenth Day as a paid 3
17	17	holiday for employees of all branches and agencies of 4
18	18	state government; amending s. 683.01, F.S.; 5
19	19	designating Juneteenth Day as a legal holiday; 6
20	20	repealing s. 683.21, F.S., relating to Juneteenth Day; 7
21	21	removing provisions designating Juneteenth Day as a 8
22	22	special observance, to conform to changes made by the 9
23	23	act; amending ss. 627.062, 627.0651, and 627.410, 10
24	24	F.S.; conforming cross -references; providing an 11
25	25	effective date. 12
26	26	13
27	27	WHEREAS, on January 1, 1863, President Abraham Lincoln 14
28	28	issued the Emancipation Proclamation, which afforded free status 15
29	29	under federal law to the millions of enslaved African Americans 16
30	30	who resided in states that had seceded from the Union, including 17
31	31	Florida, and 18
32	32	WHEREAS, despite the issuance of the Emancipation 19
33	33	Proclamation, it was not fully enforced in certain regions of 20
34	34	the United States for more than 2 years afterwards, and 21
35	35	WHEREAS, on or about June 19, 1865, federal authorities 22
36	36	arrived in Galveston, Texas, to enforce the Emancipation 23
37	37	Proclamation and further inform slaves that the Civil War had 24
38	38	ended and that the enslaved were now free, an d 25
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47	47	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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51	51	WHEREAS, thereafter, former slaves and their descendants 26
52	52	continued to commemorate each June 19 to celebrate freedom and 27
53	53	the emancipation of all slaves in the United States, and 28
54	54	WHEREAS, emancipation in Florida was proclaimed in 29
55	55	Tallahassee on May 20, 1 865, and for this reason Floridians 30
56	56	traditionally celebrate Emancipation Day on May 20 of each year, 31
57	57	and 32
58	58	WHEREAS, in 1991, the Florida Legislature officially 33
59	59	designated June 19 of each year as "Juneteenth Day" to 34
60	60	commemorate the freeing of slaves but did not designate the day 35
61	61	as an official legal holiday, and 36
62	62	WHEREAS, on June 17, 2021, President Joe Biden signed 37
63	63	legislation officially making Juneteenth Day a federal holiday, 38
64	64	and 39
65	65	WHEREAS, this act designates Juneteenth Day as a legal 40
66	66	holiday in this state and as a paid holiday for employees of all 41
67	67	branches and agencies of state government to further commemorate 42
68	68	the announcement of the abolition of slavery and to recognize 43
69	69	the significant contributions of African Americans to this state 44
70	70	and our nation, NOW, THEREFORE, 45
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72	72	Be It Enacted by the Legislature of the State of Florida: 47
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74	74	Section 1. Subsection (1) of section 110.117, Florida 49
75	75	Statutes, is amended to read: 50
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84	84	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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88	88	110.117 Paid holidays. — 51
89	89	(1) The following holidays shall be paid holidays observed 52
90	90	by all state branches and agencies: 53
91	91	(a) New Year's Day. 54
92	92	(b) Birthday of Martin Luther King, Jr., third Monday in 55
93	93	January. 56
94	94	(c) Memorial Day. 57
95	95	(d) Juneteenth Day, June 19. 58
96	96	(e) Independence Day. 59
97	97	(f)(e) Labor Day. 60
98	98	(g)(f) Veterans' Day, November 11. 61
99	99	(h)(g) Thanksgiving Day. 62
100	100	(i)(h) Friday after Thanksgiving. 63
101	101	(j)(i) Christmas Day. 64
102	102	65
103	103	(j) If any of these holidays falls on Saturday, the preceding 66
104	104	Friday shall be observed as a holiday. If any of these holidays 67
105	105	falls on Sunday, the following Monday shall be observed as a 68
106	106	holiday. 69
107	107	Section 2. Paragraphs (n) through (u) of subsection (1) of 70
108	108	section 683.01, Florida Statutes, are redesignated as paragraphs 71
109	109	(o) through (v), respectively, and a new paragraph (n) is added 72
110	110	to that subsection, to read: 73
111	111	683.01 Legal holidays.— 74
112	112	(1) The legal holidays, which are also public holidays, 75
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121	121	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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125	125	are the following: 76
126	126	(n) Juneteenth Day, June 19. 77
127	127	Section 3. Section 683.21, Florida Statutes, is repealed. 78
128	128	Section 4. Paragraph (a) of subsection (2) of section 79
129	129	627.062, Florida Statutes, is amended to read: 80
130	130	627.062 Rate standards. — 81
131	131	(2) As to all such classes of insurance: 82
132	132	(a) Insurers or rating organizations shall establish and 83
133	133	use rates, rating schedules, or rating manuals that allow the 84
134	134	insurer a reasonable rate of return on the classes of insurance 85
135	135	written in this state. A copy of rates, rating schedules, rating 86
136	136	manuals, premium credits or discount schedules, and surcharge 87
137	137	schedules, and changes thereto, must be filed with the office 88
138	138	under one of the following proce dures: 89
139	139	1. If the filing is made at least 90 days before the 90
140	140	proposed effective date and is not implemented during the 91
141	141	office's review of the filing and any proceeding and judicial 92
142	142	review, such filing is considered a "file and use" filing. In 93
143	143	such case, the office shall finalize its review by issuance of a 94
144	144	notice of intent to approve or a notice of intent to disapprove 95
145	145	within 90 days after receipt of the filing. If the 90 -day period 96
146	146	ends on a weekend or a holiday under s. 110.117(1) s. 97
147	147	110.117(1)(a)-(i), it must be extended until the conclusion of 98
148	148	the next business day. The notice of intent to approve and the 99
149	149	notice of intent to disapprove constitute agency action for 100
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158	158	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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160	160
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162	162	purposes of the Administrative Procedure Act. Requests for 101
163	163	supporting information, request s for mathematical or mechanical 102
164	164	corrections, or notification to the insurer by the office of its 103
165	165	preliminary findings does not toll the 90 -day period during any 104
166	166	such proceedings and subsequent judicial review. The rate shall 105
167	167	be deemed approved if the offi ce does not issue a notice of 106
168	168	intent to approve or a notice of intent to disapprove within 90 107
169	169	days after receipt of the filing. 108
170	170	2. If the filing is not made in accordance with 109
171	171	subparagraph 1., such filing must be made as soon as 110
172	172	practicable, but within 3 0 days after the effective date, and is 111
173	173	considered a "use and file" filing. An insurer making a "use and 112
174	174	file" filing is potentially subject to an order by the office to 113
175	175	return to policyholders those portions of rates found to be 114
176	176	excessive, as provided in paragraph (h). 115
177	177	3. For all property insurance filings made or submitted 116
178	178	after January 25, 2007, but before May 1, 2012, an insurer 117
179	179	seeking a rate that is greater than the rate most recently 118
180	180	approved by the office shall make a "file and use" filing. For 119
181	181	purposes of this subparagraph, motor vehicle collision and 120
182	182	comprehensive coverages are not considered property coverages. 121
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184	184	The provisions of this subsection do not apply to workers' 123
185	185	compensation, employer's liability insurance, and motor vehicle 124
186	186	insurance. 125
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195	195	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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199	199	Section 5. Paragraph (a) of subsection (1) of section 126
200	200	627.0651, Florida Statutes, is amended to read: 127
201	201	627.0651 Making and use of rates for motor vehicle 128
202	202	insurance.— 129
203	203	(1) Insurers shall establish and use rates, rating 130
204	204	schedules, or rating manuals to a llow the insurer a reasonable 131
205	205	rate of return on motor vehicle insurance written in this state. 132
206	206	A copy of rates, rating schedules, and rating manuals, and 133
207	207	changes therein, shall be filed with the office under one of the 134
208	208	following procedures: 135
209	209	(a) If the filing is made at least 60 days before the 136
210	210	proposed effective date and the filing is not implemented during 137
211	211	the office's review of the filing and any proceeding and 138
212	212	judicial review, such filing shall be considered a "file and 139
213	213	use" filing. In such case, the o ffice shall initiate proceedings 140
214	214	to disapprove the rate and so notify the insurer or shall 141
215	215	finalize its review within 60 days after receipt of the filing. 142
216	216	If the 60-day period ends on a weekend or a holiday under s. 143
217	217	110.117(1) s. 110.117(1)(a)-(i), it must be extended until the 144
218	218	conclusion of the next business day. Notification to the insurer 145
219	219	by the office of its preliminary findings shall toll the 60 -day 146
220	220	period during any such proceedings and subsequent judicial 147
221	221	review. The rate shall be deemed approved if the office does not 148
222	222	issue notice to the insurer of its preliminary findings within 149
223	223	60 days after the filing. 150
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232	232	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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236	236	Section 6. Subsection (2) of section 627.410, Florida 151
237	237	Statutes, is amended to read: 152
238	238	627.410 Filing, approval of forms. — 153
239	239	(2) Every such fili ng must be made at least 30 days in 154
240	240	advance of any such use or delivery. At the expiration of the 30 155
241	241	days, the form filed will be deemed approved unless prior 156
242	242	thereto it has been affirmatively approved or disapproved by 157
243	243	order of the office. The approval of such form by the office 158
244	244	constitutes a waiver of any unexpired portion of such waiting 159
245	245	period. The office may extend the period within which it may 160
246	246	affirmatively approve or disapprove such form by up to 15 days 161
247	247	by giving notice of such extension before exp iration of the 162
248	248	initial 30-day period. If the initial 30 -day period or the 15 -163
249	249	day extension period ends on a weekend or a holiday under s. 164
250	250	110.117(1) s. 110.117(1)(a)-(i), the review period must be 165
251	251	extended until the conclusion of the next business day. At the 166
252	252	expiration of such extended period, and in the absence of prior 167
253	253	affirmative approval or disapproval, such form shall be deemed 168
254	254	approved. 169
255	255	Section 7. This act shall take effect July 1, 2022. 170