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Senator Peaden moved the following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 343 and 344

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insert:

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     Section 5.  Effective upon this act becoming a law and

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applicable to policies issued or renewed on or after that date,

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paragraph (v) of subsection (3) of section 627.6699, Florida

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Statutes, is amended to read:

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     627.6699  Employee Health Care Access Act.--

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     (3)  DEFINITIONS.--As used in this section, the term:

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     (v)  "Small employer" means, in connection with a health

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benefit plan with respect to a calendar year and a plan year, any

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person, sole proprietor, self-employed individual, independent

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contractor, firm, corporation, partnership, or association that

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is actively engaged in business, has its principal place of

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business in this state, employed an average of at least 1 but not

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more than 50 eligible employees on business days during the

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preceding calendar year, the majority of whom were employed

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within this state, and employs at least 1 employee on the first

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day of the plan year, and is not formed primarily for the purpose

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of purchasing health insurance. In determining the number of

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eligible employees, companies that are an affiliated group as

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defined in s. 1504(a) of the Internal Revenue Code shall be

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considered one employer. For purposes of this section, a sole

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proprietor, an independent contractor, or a self-employed

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individual is considered a small employer only if all of the

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conditions and criteria established in this section are met.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 54, after the semicolon,

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insert:

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amending s. 627.6699, F.S.; redefining the term "small

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employer" for purposes of the Employee Health Care Access

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Act;

4/9/2008  4:17:00 PM     2-07124-08