HB 367 2022
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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
A bill to be entitled 1
An act relating to Juneteenth Day; amending s. 2
110.117, F.S.; designating Juneteenth Day as a paid 3
holiday for employees of all branches and agencies of 4
state government; amending s. 683.01, F.S.; 5
designating Juneteenth Day as a legal holiday; 6
repealing s. 683.21, F.S., relating to Juneteenth Day; 7
removing provisions designating Juneteenth Day as a 8
special observance, to conform to changes made by the 9
act; amending ss. 627.062, 627.0651, and 627.410, 10
F.S.; conforming cross -references; providing an 11
effective date. 12
13
WHEREAS, on January 1, 1863, President Abraham Lincoln 14
issued the Emancipation Proclamation, which afforded free status 15
under federal law to the millions of enslaved African Americans 16
who resided in states that had seceded from the Union, including 17
Florida, and 18
WHEREAS, despite the issuance of the Emancipation 19
Proclamation, it was not fully enforced in certain regions of 20
the United States for more than 2 years afterwards, and 21
WHEREAS, on or about June 19, 1865, federal authorities 22
arrived in Galveston, Texas, to enforce the Emancipation 23
Proclamation and further inform slaves that the Civil War had 24
ended and that the enslaved were now free, an d 25
HB 367 2022
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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
WHEREAS, thereafter, former slaves and their descendants 26
continued to commemorate each June 19 to celebrate freedom and 27
the emancipation of all slaves in the United States, and 28
WHEREAS, emancipation in Florida was proclaimed in 29
Tallahassee on May 20, 1 865, and for this reason Floridians 30
traditionally celebrate Emancipation Day on May 20 of each year, 31
and 32
WHEREAS, in 1991, the Florida Legislature officially 33
designated June 19 of each year as "Juneteenth Day" to 34
commemorate the freeing of slaves but did not designate the day 35
as an official legal holiday, and 36
WHEREAS, on June 17, 2021, President Joe Biden signed 37
legislation officially making Juneteenth Day a federal holiday, 38
and 39
WHEREAS, this act designates Juneteenth Day as a legal 40
holiday in this state and as a paid holiday for employees of all 41
branches and agencies of state government to further commemorate 42
the announcement of the abolition of slavery and to recognize 43
the significant contributions of African Americans to this state 44
and our nation, NOW, THEREFORE, 45
46
Be It Enacted by the Legislature of the State of Florida: 47
48
Section 1. Subsection (1) of section 110.117, Florida 49
Statutes, is amended to read: 50
HB 367 2022
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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
110.117 Paid holidays. — 51
(1) The following holidays shall be paid holidays observed 52
by all state branches and agencies: 53
(a) New Year's Day. 54
(b) Birthday of Martin Luther King, Jr., third Monday in 55
January. 56
(c) Memorial Day. 57
(d) Juneteenth Day, June 19. 58
(e) Independence Day. 59
(f)(e) Labor Day. 60
(g)(f) Veterans' Day, November 11. 61
(h)(g) Thanksgiving Day. 62
(i)(h) Friday after Thanksgiving. 63
(j)(i) Christmas Day. 64
65
(j) If any of these holidays falls on Saturday, the preceding 66
Friday shall be observed as a holiday. If any of these holidays 67
falls on Sunday, the following Monday shall be observed as a 68
holiday. 69
Section 2. Paragraphs (n) through (u) of subsection (1) of 70
section 683.01, Florida Statutes, are redesignated as paragraphs 71
(o) through (v), respectively, and a new paragraph (n) is added 72
to that subsection, to read: 73
683.01 Legal holidays.— 74
(1) The legal holidays, which are also public holidays, 75
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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
are the following: 76
(n) Juneteenth Day, June 19. 77
Section 3. Section 683.21, Florida Statutes, is repealed. 78
Section 4. Paragraph (a) of subsection (2) of section 79
627.062, Florida Statutes, is amended to read: 80
627.062 Rate standards. — 81
(2) As to all such classes of insurance: 82
(a) Insurers or rating organizations shall establish and 83
use rates, rating schedules, or rating manuals that allow the 84
insurer a reasonable rate of return on the classes of insurance 85
written in this state. A copy of rates, rating schedules, rating 86
manuals, premium credits or discount schedules, and surcharge 87
schedules, and changes thereto, must be filed with the office 88
under one of the following proce dures: 89
1. If the filing is made at least 90 days before the 90
proposed effective date and is not implemented during the 91
office's review of the filing and any proceeding and judicial 92
review, such filing is considered a "file and use" filing. In 93
such case, the office shall finalize its review by issuance of a 94
notice of intent to approve or a notice of intent to disapprove 95
within 90 days after receipt of the filing. If the 90 -day period 96
ends on a weekend or a holiday under s. 110.117(1) s. 97
110.117(1)(a)-(i), it must be extended until the conclusion of 98
the next business day. The notice of intent to approve and the 99
notice of intent to disapprove constitute agency action for 100
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purposes of the Administrative Procedure Act. Requests for 101
supporting information, request s for mathematical or mechanical 102
corrections, or notification to the insurer by the office of its 103
preliminary findings does not toll the 90 -day period during any 104
such proceedings and subsequent judicial review. The rate shall 105
be deemed approved if the offi ce does not issue a notice of 106
intent to approve or a notice of intent to disapprove within 90 107
days after receipt of the filing. 108
2. If the filing is not made in accordance with 109
subparagraph 1., such filing must be made as soon as 110
practicable, but within 3 0 days after the effective date, and is 111
considered a "use and file" filing. An insurer making a "use and 112
file" filing is potentially subject to an order by the office to 113
return to policyholders those portions of rates found to be 114
excessive, as provided in paragraph (h). 115
3. For all property insurance filings made or submitted 116
after January 25, 2007, but before May 1, 2012, an insurer 117
seeking a rate that is greater than the rate most recently 118
approved by the office shall make a "file and use" filing. For 119
purposes of this subparagraph, motor vehicle collision and 120
comprehensive coverages are not considered property coverages. 121
122
The provisions of this subsection do not apply to workers' 123
compensation, employer's liability insurance, and motor vehicle 124
insurance. 125
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Section 5. Paragraph (a) of subsection (1) of section 126
627.0651, Florida Statutes, is amended to read: 127
627.0651 Making and use of rates for motor vehicle 128
insurance.— 129
(1) Insurers shall establish and use rates, rating 130
schedules, or rating manuals to a llow the insurer a reasonable 131
rate of return on motor vehicle insurance written in this state. 132
A copy of rates, rating schedules, and rating manuals, and 133
changes therein, shall be filed with the office under one of the 134
following procedures: 135
(a) If the filing is made at least 60 days before the 136
proposed effective date and the filing is not implemented during 137
the office's review of the filing and any proceeding and 138
judicial review, such filing shall be considered a "file and 139
use" filing. In such case, the o ffice shall initiate proceedings 140
to disapprove the rate and so notify the insurer or shall 141
finalize its review within 60 days after receipt of the filing. 142
If the 60-day period ends on a weekend or a holiday under s. 143
110.117(1) s. 110.117(1)(a)-(i), it must be extended until the 144
conclusion of the next business day. Notification to the insurer 145
by the office of its preliminary findings shall toll the 60 -day 146
period during any such proceedings and subsequent judicial 147
review. The rate shall be deemed approved if the office does not 148
issue notice to the insurer of its preliminary findings within 149
60 days after the filing. 150
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Section 6. Subsection (2) of section 627.410, Florida 151
Statutes, is amended to read: 152
627.410 Filing, approval of forms. — 153
(2) Every such fili ng must be made at least 30 days in 154
advance of any such use or delivery. At the expiration of the 30 155
days, the form filed will be deemed approved unless prior 156
thereto it has been affirmatively approved or disapproved by 157
order of the office. The approval of such form by the office 158
constitutes a waiver of any unexpired portion of such waiting 159
period. The office may extend the period within which it may 160
affirmatively approve or disapprove such form by up to 15 days 161
by giving notice of such extension before exp iration of the 162
initial 30-day period. If the initial 30 -day period or the 15 -163
day extension period ends on a weekend or a holiday under s. 164
110.117(1) s. 110.117(1)(a)-(i), the review period must be 165
extended until the conclusion of the next business day. At the 166
expiration of such extended period, and in the absence of prior 167
affirmative approval or disapproval, such form shall be deemed 168
approved. 169
Section 7. This act shall take effect July 1, 2022. 170