SB 490 — Juneteenth Day

Florida Senate - 2021 CS for SB 490 By Senatorthe BracyCommittee 11-00077C-21on 2021490__Governmental AOversight billand toAccountability; be entitled An act relating to Juneteenth Day;

and Senators Bracy and Stewart 585-02991-21 2021490c1 A bill to be entitled An act relating to Juneteenth Day;

110.117, F.S.;

designating Juneteenth Day as a paid holiday for employees of all branches and agencies of state government;

amending ss.

627.062, 627.0651, and 627.410, F.S.;

conforming cross-references to changes made by the act;

amending s.

149 WHEREAS, on January 1, 1863, President Abraham Lincoln issued the Emancipation Proclamation, which afforded free status under federal law to the millions of enslaved African Americans who resided in states that had seceded from the Union, including Florida, and WHEREAS, despite the issuance of the Emancipation Proclamation, it was not fully enforced in certain regions of the United States for more than 2 years afterwards, and WHEREAS, on or about June 19, 1865, federal authorities arrived in Galveston, Texas, to enforce the Emancipation Proclamation and further inform slaves that the Civil War had ended and that the enslaved were now free, and WHEREAS, thereafter, former slaves and their descendants continued to commemorate each June 19 to celebrate freedom and the emancipation of all slaves in the United States, and WHEREAS, emancipation in Florida was proclaimed in Tallahassee on May 20, 1865, and for this reason Floridians traditionally celebrate Emancipation Day on May 20 of each year, and WHEREAS, in 1991, the Florida Legislature officially designated June 19 of each year as “Juneteenth Day” to commemorate the freeing of slaves, but did not designate the day as an official legal holiday, and WHEREAS, this act designates Juneteenth Day as a legal holiday in this state and as a paid holiday for employees of all branches and agencies of state government to further commemorate the announcement of the abolition of slavery and to recognize the significant contributions of African Americans to this state and our nation, NOW, THEREFORE, 4438 Be It Enacted by the Legislature of the State of Florida:

4640 Section 1. Subsection1. Present paragraphs (n) through (u) of subsection (1) of section 110.117,683.01, Florida Statutes, are redesignated as paragraphs (o) through (v), respectively, and a new paragraph (n) is amendedadded to that subsection, to read:

110.117 Paid holidays.— (1) The following holidays shall be paid holidays observed by all state branches and agencies:

(a) New Year’s Day.

(b) Birthday of Martin Luther King, Jr., third Monday in January.

(c) Memorial Day.

(d) Juneteenth Day, June 19.

(e) Independence Day.

(f)(e) Labor Day.

(g)(f) Veterans’ Day, November 11.

(h)(g) Thanksgiving Day.

(i)(h) Friday after Thanksgiving.

(j)(i) Christmas Day.

63 (j) If any of these holidays falls on Saturday, the preceding Friday shall be observed as a holiday.

If any of these holidays falls on Sunday, the following Monday shall be observed as a holiday.

Section 2. Paragraph (a) of subsection (2) of section 627.062, Florida Statutes, is amended to read:

627.062 Rate standards.— (2) As to all such classes of insurance:

(a) Insurers or rating organizations shall establish and use rates, rating schedules, or rating manuals that allow the insurer a reasonable rate of return on the classes of insurance written in this state.

A copy of rates, rating schedules, rating manuals, premium credits or discount schedules, and surcharge schedules, and changes thereto, must be filed with the office under one of the following procedures:

1. If the filing is made at least 90 days before the proposed effective date and is not implemented during the office’s review of the filing and any proceeding and judicial review, such filing is considered a “file and use” filing.

In such case, the office shall finalize its review by issuance of a notice of intent to approve or a notice of intent to disapprove within 90 days after receipt of the filing.

If the 90-day period ends on a weekend or a holiday under s.

110.117(1)(a)-(j) s.

110.117(1)(a)-(i), it must be extended until the conclusion of the next business day.

The notice of intent to approve and the notice of intent to disapprove constitute agency action for purposes of the Administrative Procedure Act.

Requests for supporting information, requests for mathematical or mechanical corrections, or notification to the insurer by the office of its preliminary findings does not toll the 90-day period during any such proceedings and subsequent judicial review.

The rate shall be deemed approved if the office does not issue a notice of intent to approve or a notice of intent to disapprove within 90 days after receipt of the filing.

2. If the filing is not made in accordance with subparagraph 1., such filing must be made as soon as practicable, but within 30 days after the effective date, and is considered a “use and file” filing.

An insurer making a “use and file” filing is potentially subject to an order by the office to return to policyholders those portions of rates found to be excessive, as provided in paragraph (h).

3. For all property insurance filings made or submitted after January 25, 2007, but before May 1, 2012, an insurer seeking a rate that is greater than the rate most recently approved by the office shall make a “file and use” filing.

For purposes of this subparagraph, motor vehicle collision and comprehensive coverages are not considered property coverages.

111 The provisions of this subsection do not apply to workers’ compensation, employer’s liability insurance, and motor vehicle insurance.