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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 A bill to be entitled An act relating to paid family leave insurance;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 A bill to be entitled An act relating to paid family leave insurance;
providing circumstances under which paid family leave insurance may be issued and purchased under group disability income policies and group insurance policies;
providing circumstances under which paid family leave insurance may be issued and purchased;
requiring that paid family leave insurance policies specify details and requirements relating to covered circumstances, benefit periods, waiting periods, benefit amounts, certain offsets, and payment of benefits;
requiring paid family leave insurance policies to specify details and requirements with regard to covered circumstances;
providing that eligibility for family leave insurance benefits may be limited, excluded, or reduced, but any such limitation, exclusion, or reduction must be specified in the policy;
specifying requirements for policies relating to benefit periods, waiting periods, benefit amounts, certain offsets, and the payment of benefits;
providing that eligibility for family leave insurance benefits may be limited, excluded, or reduced but must be specified in the policy;
providing that paid family leave insurance policy forms and riders are subject to review by the Office of Insurance Regulation;
providing that paid family leave insurance forms and riders are subject to review by the Office of Insurance Regulation;
specifying the means by which a policy must offer Page 1of 9 CODING:
specifying the means by which a policy may offer family leave insurance benefits;
authorizing the Financial Services Commission to adopt rules;
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hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 family leave insurance benefits;
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 providing an effective date.
authorizing the Financial Services Commission to adopt rules;
providing an effective date.
paid family leave insurance issuance and purchase.— (1) As used in this section, the term "paid family leave insurance" means insurance issued to an employer which is Page 2of 9 CODING:
paid family leave insurance issuance and purchase.— (1) "Paid family leave insurance" is insurance issued to an employer which is related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to:
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hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 related to a benefit program provided to an employee to pay for a percentage or portion of the employee's income loss due to:
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 (a) The birth of a child or adoption of a child by the employee;
(a) The birth of a child or the adoption of a child by the employee;
As used in this subsection, the terms "child," "family leave," and "family member" have the same meanings as in s.
As used in this subsection, the terms "child," "family leave," and "family member" have the same meanings as provided in s.
(a) "Armed Forces of the United States" means an officer or enlisted member of the Army, Navy, Air Force, Marine Corps, Page 3of 9 CODING:
(a) "Armed Forces of the United States" means an officer or enlisted member of the Army, Navy, Air Force, Marine Corps, Space Force, or Coast Guard of the United States, the Florida Page 3of 9 CODING:
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 Space Force, or Coast Guard of the United States, the Florida National Guard, or the United States Reserve Forces.
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 National Guard, or the United States Reserve Forces.
Under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or a physical disability;
Under 18 years of age, or 18 years of age or older and incapable of self-care because of a mental or physical disability;
A biological, an adopted, or a foster son or daughter;
A biological, adopted, or foster son or daughter;
a stepson or a stepdaughter;
a stepson or stepdaughter;
or a son or a daughter of a person to whom the employee stands in loco parentis.
or a son or daughter of a person to whom the employee stands in loco parentis.
(c) "Family leave" means any leave taken by an employee from work for any of the circumstances specified in subsection (2).
(c) "Family leave" is any leave taken by an employee from work for any of the circumstances specified in subsection (2).
(d) "Family member" means a child, a spouse, a parent, or any other person defined as a family member of the employee in the policy.
(d) "Family member" includes a child, spouse, or parent, or other person defined as a family member of the employee in the policy.
(e) "Health care provider" means a hospital licensed under chapter 395, a health care institution licensed under chapter 400 or chapter 429, or an individual licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, or chapter 466.
(e) "Health care provider" means a hospital licensed under chapter 395, a health care institution licensed under chapter 400 or chapter 429, or a person licensed under chapter 458, chapter 459, chapter 460, chapter 461, chapter 464, or chapter 466.
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(g) "Serious health condition" means an illness, injury, impairment, or physical or mental condition, including, but not limited to, pregnancy complications that threaten the life of Page 4of 9 CODING:
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 (g) "Serious health condition" means an illness, an injury, an impairment, or a physical or mental condition, including, but not limited to, a pregnancy complication that threatens the life of the mother or unborn child;
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 the mother or unborn child;
(c) Addressing a qualifying exigency as interpreted under Page 5of 9 CODING:
(c) Addressing a qualifying exigency as interpreted under the Family and Medical Leave Act of 1993, 29 U.S.C.
Words strickenare deletions;
words underlined are additions.
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 the Family and Medical Leave Act of 1993, 29 U.S.C.
825.126(a)(1)-(8), arising out of the fact that the spouse, child, or parent of the employee is on active duty or has been notified of an impending call or order to active duty in the Armed Forces of the United States;
825.126(a)(1)-(8), arising out of the fact that the spouse, child, or parent of the employee is on active duty or has been notified of an impending call or order Page 5of 9 CODING:
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words underlined are additions.
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 to active duty in the Armed Forces of the United States;
or (e) Caring for a family member or other leave as specified in the policy.
or (e) Caring for a family member or taking other leave as specified in the policy.
(3) REQUIRED POLICY SPECIFICITY.—A paid family leave insurance policy must specify all of the following:
(3) REQUIRED POLICY SPECIFICITY.—The policy must specify all of the following:
The period runs over a consecutive calendar-day period;
The period runs over a consecutive calendar day period;
The period must be met only once per benefit year or Page 6of 9 CODING:
The period must be met only once per benefit year or must be met for each separate claim for benefits;
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words underlined are additions.
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 must be met for each separate claim for benefits;
(d) The amount of benefits that will be paid for covered circumstances specified in subsection (2).
(d) The amount of benefits that will be paid for covered Page 6of 9 CODING:
Words strickenare deletions;
words underlined are additions.
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 circumstances specified in subsection (2).
(g) If the family leave insurance benefits are subject to offsets for wages or other income received or for which the insured may be eligible, all such wages or other income that may be set off and the circumstances under which the family leave insurance benefits may be offset.
(g) If the family leave insurance benefits are subject to offsets for wages or other income received or for which the insured may be eligible, all such wages or other income that may be offset and the circumstances under which it may be offset.
(b) Any fixed period starting on a particular date, such as the effective date or anniversary date of the policy;
(b) Any fixed period starting on a particular date, such as the effective or anniversary date of the policy;
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(e) A rolling period measured by looking back from the employee's first day of family leave;
or (f) Any other method specified in the policy.
(5) PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS.— Eligibility for family leave insurance benefits under this Page 7of 9 CODING:
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 (e) A rolling period measured by looking back from the employee's first day of family leave;
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 section may be limited, excluded, or reduced, but any limitation, exclusion, or reduction must be specified in the policy and not conflict with the insurance code.
or (f) Any other method specified in the policy.
(5) PERMISSIBLE LIMITATIONS, EXCLUSIONS, OR REDUCTIONS.— Eligibility for family leave insurance benefits under this section may be limited, excluded, or reduced, but any limitation, exclusion, or reduction must be specified in the policy and not conflict with the Florida Insurance Code.
(b) For any leave period related to a serious health condition or other harm to a family member brought about by a willful act by the employee;
(b) For any leave related to a serious health condition or other harm to a family member brought about by a willful act by the employee;
(e) For any period during which the employee is eligible to receive benefits under any other statutory program or employer-sponsored program, including, but not limited to, unemployment insurance benefits, workers' compensation benefits, Page 8of 9 CODING:
(e) For any period during which the employee is eligible to receive benefits under any other statutory program or employer-sponsored program, including, but not limited to, unemployment insurance benefits, workers' compensation benefits, or any paid time off or employer's paid leave policy;
(f) For any period commencing before the employee becomes eligible for family leave insurance benefits under the policy;
(g) For any period during which more than one person seeks family leave for the same family member under the same policy, Page 8of 9 CODING:
hb0721-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB721 2023 or any paid time off or employer's paid leave policy;
hb0721-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB721 2023 unless the policy specifies otherwise;
(f) For any period commencing before the employee becomes eligible for family leave insurance benefits under the policy;
or (h) Other reasons specified in the policy.
(g) For any period during which more than one person seeks family leave for the same family member under the same policy, unless the policy specifies otherwise;
or (h) For any other reasons specified in the policy.
(8) RULEMAKING.—The commission may adopt rules to administer this section.
(8) RULEMAKING.—The commission may adopt rules to implement this section.
hb0721-02-c2
hb0721-01-c1
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