Florida Senate - 2021                                     SB 490
       
       
        
       By Senator Bracy
       
       
       
       
       
       11-00077C-21                                           2021490__
    1                        A bill to be entitled                      
    2         An act relating to Juneteenth Day; amending s.
    3         110.117, F.S.; designating Juneteenth Day as a paid
    4         holiday for employees of all branches and agencies of
    5         state government; amending ss. 627.062, 627.0651, and
    6         627.410, F.S.; conforming cross-references to changes
    7         made by the act; amending s. 683.01, F.S.; designating
    8         Juneteenth Day as a legal holiday; repealing s.
    9         683.21, F.S., relating to Juneteenth Day; deleting
   10         provisions designating Juneteenth Day as a special
   11         observance, to conform to changes made by the act;
   12         providing an effective date.
   13  
   14         WHEREAS, on January 1, 1863, President Abraham Lincoln
   15  issued the Emancipation Proclamation, which afforded free status
   16  under federal law to the millions of enslaved African Americans
   17  who resided in states that had seceded from the Union, including
   18  Florida, and
   19         WHEREAS, despite the issuance of the Emancipation
   20  Proclamation, it was not fully enforced in certain regions of
   21  the United States for more than 2 years afterwards, and
   22         WHEREAS, on or about June 19, 1865, federal authorities
   23  arrived in Galveston, Texas, to enforce the Emancipation
   24  Proclamation and further inform slaves that the Civil War had
   25  ended and that the enslaved were now free, and
   26         WHEREAS, thereafter, former slaves and their descendants
   27  continued to commemorate each June 19 to celebrate freedom and
   28  the emancipation of all slaves in the United States, and
   29         WHEREAS, emancipation in Florida was proclaimed in
   30  Tallahassee on May 20, 1865, and for this reason Floridians
   31  traditionally celebrate Emancipation Day on May 20 of each year,
   32  and
   33         WHEREAS, in 1991, the Florida Legislature officially
   34  designated June 19 of each year as “Juneteenth Day” to
   35  commemorate the freeing of slaves, but did not designate the day
   36  as an official legal holiday, and
   37         WHEREAS, this act designates Juneteenth Day as a legal
   38  holiday in this state and as a paid holiday for employees of all
   39  branches and agencies of state government to further commemorate
   40  the announcement of the abolition of slavery and to recognize
   41  the significant contributions of African Americans to this state
   42  and our nation, NOW, THEREFORE,
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Subsection (1) of section 110.117, Florida
   47  Statutes, is amended to read:
   48         110.117 Paid holidays.—
   49         (1) The following holidays shall be paid holidays observed
   50  by all state branches and agencies:
   51         (a) New Year’s Day.
   52         (b) Birthday of Martin Luther King, Jr., third Monday in
   53  January.
   54         (c) Memorial Day.
   55         (d) Juneteenth Day, June 19.
   56         (e) Independence Day.
   57         (f)(e) Labor Day.
   58         (g)(f) Veterans’ Day, November 11.
   59         (h)(g) Thanksgiving Day.
   60         (i)(h) Friday after Thanksgiving.
   61         (j)(i) Christmas Day.
   62  
   63  (j) If any of these holidays falls on Saturday, the preceding
   64  Friday shall be observed as a holiday. If any of these holidays
   65  falls on Sunday, the following Monday shall be observed as a
   66  holiday.
   67         Section 2. Paragraph (a) of subsection (2) of section
   68  627.062, Florida Statutes, is amended to read:
   69         627.062 Rate standards.—
   70         (2) As to all such classes of insurance:
   71         (a) Insurers or rating organizations shall establish and
   72  use rates, rating schedules, or rating manuals that allow the
   73  insurer a reasonable rate of return on the classes of insurance
   74  written in this state. A copy of rates, rating schedules, rating
   75  manuals, premium credits or discount schedules, and surcharge
   76  schedules, and changes thereto, must be filed with the office
   77  under one of the following procedures:
   78         1. If the filing is made at least 90 days before the
   79  proposed effective date and is not implemented during the
   80  office’s review of the filing and any proceeding and judicial
   81  review, such filing is considered a “file and use” filing. In
   82  such case, the office shall finalize its review by issuance of a
   83  notice of intent to approve or a notice of intent to disapprove
   84  within 90 days after receipt of the filing. If the 90-day period
   85  ends on a weekend or a holiday under s. 110.117(1)(a)-(j) s.
   86  110.117(1)(a)-(i), it must be extended until the conclusion of
   87  the next business day. The notice of intent to approve and the
   88  notice of intent to disapprove constitute agency action for
   89  purposes of the Administrative Procedure Act. Requests for
   90  supporting information, requests for mathematical or mechanical
   91  corrections, or notification to the insurer by the office of its
   92  preliminary findings does not toll the 90-day period during any
   93  such proceedings and subsequent judicial review. The rate shall
   94  be deemed approved if the office does not issue a notice of
   95  intent to approve or a notice of intent to disapprove within 90
   96  days after receipt of the filing.
   97         2. If the filing is not made in accordance with
   98  subparagraph 1., such filing must be made as soon as
   99  practicable, but within 30 days after the effective date, and is
  100  considered a “use and file” filing. An insurer making a “use and
  101  file” filing is potentially subject to an order by the office to
  102  return to policyholders those portions of rates found to be
  103  excessive, as provided in paragraph (h).
  104         3. For all property insurance filings made or submitted
  105  after January 25, 2007, but before May 1, 2012, an insurer
  106  seeking a rate that is greater than the rate most recently
  107  approved by the office shall make a “file and use” filing. For
  108  purposes of this subparagraph, motor vehicle collision and
  109  comprehensive coverages are not considered property coverages.
  110  
  111  The provisions of this subsection do not apply to workers’
  112  compensation, employer’s liability insurance, and motor vehicle
  113  insurance.
  114         Section 3. Paragraph (a) of subsection (1) of section
  115  627.0651, Florida Statutes, is amended to read:
  116         627.0651 Making and use of rates for motor vehicle
  117  insurance.—
  118         (1) Insurers shall establish and use rates, rating
  119  schedules, or rating manuals to allow the insurer a reasonable
  120  rate of return on motor vehicle insurance written in this state.
  121  A copy of rates, rating schedules, and rating manuals, and
  122  changes therein, shall be filed with the office under one of the
  123  following procedures:
  124         (a) If the filing is made at least 60 days before the
  125  proposed effective date and the filing is not implemented during
  126  the office’s review of the filing and any proceeding and
  127  judicial review, such filing shall be considered a “file and
  128  use” filing. In such case, the office shall initiate proceedings
  129  to disapprove the rate and so notify the insurer or shall
  130  finalize its review within 60 days after receipt of the filing.
  131  If the 60-day period ends on a weekend or a holiday under s.
  132  110.117(1)(a)-(j) s. 110.117(1)(a)-(i), it must be extended
  133  until the conclusion of the next business day. Notification to
  134  the insurer by the office of its preliminary findings shall toll
  135  the 60-day period during any such proceedings and subsequent
  136  judicial review. The rate shall be deemed approved if the office
  137  does not issue notice to the insurer of its preliminary findings
  138  within 60 days after the filing.
  139         Section 4. Subsection (2) of section 627.410, Florida
  140  Statutes, is amended to read:
  141         627.410 Filing, approval of forms.—
  142         (2) Every such filing must be made at least 30 days in
  143  advance of any such use or delivery. At the expiration of the 30
  144  days, the form filed will be deemed approved unless prior
  145  thereto it has been affirmatively approved or disapproved by
  146  order of the office. The approval of such form by the office
  147  constitutes a waiver of any unexpired portion of such waiting
  148  period. The office may extend the period within which it may
  149  affirmatively approve or disapprove such form by up to 15 days
  150  by giving notice of such extension before expiration of the
  151  initial 30-day period. If the initial 30-day period or the 15
  152  day extension period ends on a weekend or a holiday under s.
  153  110.117(1)(a)-(j) s. 110.117(1)(a)-(i), the review period must
  154  be extended until the conclusion of the next business day. At
  155  the expiration of such extended period, and in the absence of
  156  prior affirmative approval or disapproval, such form shall be
  157  deemed approved.
  158         Section 5. Present paragraphs (n) through (u) of subsection
  159  (1) of section 683.01, Florida Statutes, are redesignated as
  160  paragraphs (o) through (v), respectively, and a new paragraph
  161  (n) is added to that subsection, to read:
  162         683.01 Legal holidays.—
  163         (1) The legal holidays, which are also public holidays, are
  164  the following:
  165         (n) Juneteenth Day, June 19.
  166         Section 6. Section 683.21, Florida Statutes, is repealed.
  167         Section 7. This act shall take effect July 1, 2021.