Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 670 Ì187688kÎ187688 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Yarborough) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (1) of section 624.406, Florida 6 Statutes, is amended to read: 7 624.406 Combinations of insuring powers, one insurer.—An 8 insurer which otherwise qualifies therefor may be authorized to 9 transact any one kind or combination of kinds of insurance as 10 defined in part V except: 11 (1) A life insurer may also grant annuities, but shall not 12 be authorized to transact any other kind of insurance except 13 health insurance, disability income insurance, paid family leave 14 insurance, excess coverage for health maintenance organizations, 15 or excess insurance, specific and aggregate, for self-insurers 16 of a plan of health insurance and multiple-employer welfare 17 arrangements. 18 Section 2. Section 624.6086, Florida Statutes, is created 19 to read: 20 624.6086 “Paid family leave insurance” defined.— 21 (1) “Paid family leave insurance” is insurance issued to an 22 employer which is related to a benefit program provided to an 23 employee to pay for a percentage or portion of the employee’s 24 income loss due to: 25 (a) The birth of a child or the adoption of a child by the 26 employee; 27 (b) Placement of a child with the employee for foster care; 28 (c) Care of the employee’s family member who has a serious 29 health condition; or 30 (d) Circumstances arising out of the fact that the 31 employee’s family member who is a servicemember is on active 32 duty or has been notified of an impending call or order to 33 active duty. 34 (2) Paid family leave insurance may be issued to and 35 purchased by an employer as an amendment or a rider to a group 36 disability income policy, included in a group disability income 37 policy, or issued as a separate group insurance policy. 38 (3) As used in this section, the terms “child,” “family 39 leave,” and “family member” have the same meanings as provided 40 in s. 627.445(1). 41 Section 3. Section 627.445, Florida Statutes, is created to 42 read: 43 627.445 Paid family leave insurance.— 44 (1) DEFINITIONS.—As used in this section, the term: 45 (a) “Armed Forces of the United States” means an officer or 46 enlisted member of the Army, Navy, Air Force, Marine Corps, 47 Space Force, or Coast Guard of the United States, the Florida 48 National Guard, and the United States Reserve Forces. 49 (b) “Child” means a person who is: 50 1. Under 18 years of age, or 18 years of age or older and 51 incapable of self-care because of a mental or physical 52 disability; and 53 2. A biological, adopted, or foster son or daughter; a 54 stepson or stepdaughter; a legal ward; or a son or daughter of a 55 person to whom the employee stands in loco parentis. 56 (c) “Family leave” means any leave taken by an employee 57 from work for any of the circumstances specified in subsection 58 (2). 59 (d) “Family member” includes a child, spouse, or parent, or 60 other person defined as a family member of the employee in the 61 policy. 62 (e) “Health care provider” means any hospital licensed 63 under chapter 395 and any health care institution licensed under 64 chapter 400 or chapter 429 or an individual licensed under 65 chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, 66 or chapter 466. 67 (f) “Parent” means a biological, foster, or adoptive 68 parent; a stepparent; a legal guardian; or other person who 69 stood in loco parentis to the employee when the employee was a 70 child. 71 (g) “Serious health condition” means an illness, an injury, 72 an impairment, or a physical or mental condition, including, but 73 not limited to, pregnancy complications that threaten the life 74 of the mother or unborn child; transplantation preparation and 75 recovery from surgery related to organ or tissue donation, which 76 involves inpatient care in a hospital, hospice, or residential 77 health care facility; continuing treatment; or continuing 78 supervision by a health care provider. Continuing supervision by 79 a health care provider includes a period of incapacity which is 80 permanent or long-term due to a condition for which treatment 81 may not be effective and where the family member need not be 82 receiving active treatment by a health care provider. 83 (2) COVERED FAMILY LEAVE BENEFITS.—Family leave insurance 84 benefits provided in a paid family leave insurance policy may be 85 provided for any leave taken by an employee from work for any of 86 the following circumstances: 87 (a) Participation in providing care, including physical or 88 psychological care, for a family member made necessary by a 89 serious health condition of the family member; 90 (b) Bonding with the employee’s child during the first 12 91 months after the child’s birth or the first 12 months after the 92 placement of the child for adoption by or foster care with the 93 employee; 94 (c) Addressing a qualifying exigency as interpreted under 95 the Family and Medical Leave Act of 1993, 29 U.S.C. s. 96 2612(a)(1)(E) and 29 C.F.R. s. 825.126(a)(1)-(8), arising out of 97 the fact that the spouse, child, or parent of the employee is on 98 active duty or has been notified of an impending call or order 99 to active duty in the Armed Forces of the United States; 100 (d) Caring for a family member injured in the line of duty 101 with the Armed Forces of the United States; or 102 (e) Caring for a family member or other leave as specified 103 in the policy. 104 (3) REQUIRED POLICY SPECIFICITY.—The policy must specify: 105 (a) Details and requirements with regard to each of the 106 covered circumstances specified in subsection (2). 107 (b) The length of family leave benefits available for each 108 covered circumstance, which may not be less than 2 weeks during 109 a period of 52 consecutive calendar weeks. 110 (c) Whether there is an uncovered waiting period, and if 111 so, the terms and conditions of the uncovered waiting period, 112 which may include, but are not limited to, whether: 113 1. The period runs over a consecutive calendar day period; 114 2. The period is counted toward the annual allotment of 115 covered family leave benefits or is in addition to the annual 116 allotment of covered family leave benefits; 117 3. The period must be met only once per benefit year or 118 must be met for each separate claim for benefits; and 119 4. The employee may work or receive paid time off or other 120 compensation during the period. 121 (d) The amount of benefits that will be paid for covered 122 circumstances provided in subsection (2). 123 (e) The definition of the wages or other income upon which 124 the amount of benefits will be issued. 125 (f) How such wages or other income will be calculated. 126 (g) If the family leave benefits are subject to offsets for 127 wages or other income received or for which the insured may be 128 eligible, all such wages or other income that may be set off and 129 the circumstances under which it may be offset. 130 (h) The frequency of payments due for covered benefits. 131 (4) For purposes of this section, 52 consecutive calendar 132 weeks may be calculated by: 133 (a) A calendar year; 134 (b) Any fixed period starting on a particular date, such as 135 the effective or anniversary date of the policy; 136 (c) The employee’s hiring date or anniversary of hiring 137 date; 138 (d) The period measured forward from the employee’s first 139 day of family leave; 140 (e) A rolling period measured by looking back from the 141 employee’s first day of family leave; or 142 (f) Any other method specified in the policy. 143 (5) PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS. 144 Eligibility for family leave benefits under this section may be 145 limited, excluded, or reduced, but any limitation, exclusion, or 146 reduction must be specified in the policy and not conflict with 147 the Florida Insurance Code. Permissible limitations, exclusions, 148 or reductions may be made for the following: 149 (a) For any period wherein the required notice and medical 150 certification as prescribed in the policy has not been provided; 151 (b) For any leave related to a serious health condition or 152 other harm to a family member brought about by a willful act by 153 the employee; 154 (c) For any period during which the employee performed work 155 for remuneration or profit; 156 (d) For any period for which the employee is eligible to 157 receive remuneration or maintenance from her or his employer, or 158 from a fund to which the employer has contributed; 159 (e) For any period during which the employee is eligible to 160 receive benefits under any other statutory program or employer 161 sponsored program, including, but not limited to, unemployment 162 insurance benefits, workers’ compensation benefits, or any paid 163 time off or employer’s paid leave policy; 164 (f) For any period commencing before the employee becomes 165 eligible for family leave benefits under the policy; 166 (g) For periods where more than one person seeks family 167 leave for the same family member under the same policy, unless 168 the policy specifies otherwise; or 169 (h) For other reasons specified in the policy. 170 (6) PAYMENT OF FAMILY LEAVE BENEFITS.—Family leave benefits 171 provided under a policy that complies with this section must be 172 paid periodically and promptly, as specified in the policy, 173 except as to a contested period of family leave and subject to 174 any of the limitations, exclusions, or reductions permitted 175 under subsection (5). 176 (7) INSURANCE POLICY.— 177 (a) Rates for policies or riders providing paid family 178 leave insurance benefits must be calculated in accordance with 179 the rate standards provided in s. 627.062. 180 (b) Forms for policies or riders providing paid family 181 leave insurance benefits are subject to review by the office 182 under s. 627.410. 183 (c) A policy issued under this section must be issued as 184 provided in s. 624.6086(2). 185 (8) RULEMAKING.—The commission may adopt rules to 186 administer this section. 187 Section 6. This act shall take effect upon becoming a law. 188 189 ================= T I T L E A M E N D M E N T ================ 190 And the title is amended as follows: 191 Delete everything before the enacting clause 192 and insert: 193 A bill to be entitled 194 An act relating to paid family leave insurance; 195 amending s. 624.406, F.S.; authorizing life insurers 196 to transact paid family leave insurance; creating s. 197 624.6086, F.S.; defining terms; creating s. 627.445, 198 F.S.; defining terms; specifying circumstances under 199 which family leave benefits may be provided under a 200 paid family leave insurance policy; requiring that 201 paid family leave insurance policies specify details 202 and requirements with regard to covered circumstances; 203 specifying requirements for policies relating to 204 benefit periods, waiting periods, benefit amounts and 205 certain offsets, and the payment of benefits; 206 providing that eligibility for family leave benefits 207 may be limited, excluded, or reduced but must be 208 specified in the policy; specifying permissible 209 limitations, exclusions, and reductions; providing 210 applicable provisions for calculating rates; 211 specifying the means by which a policy must offer 212 family leave benefits; authorizing the Financial 213 Services Commission to adopt rules; providing an 214 effective date.