Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 670
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Banking and Insurance (Yarborough) recommended
       the following:
    1         Senate Amendment (with title amendment)
    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         627.445Paid 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.
  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.
  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.