Bill Text: FL S1164 | 2022 | Regular Session | Introduced
Bill Title: Juneteenth Day
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Governmental Oversight and Accountability [S1164 Detail]
Download: Florida-2022-S1164-Introduced.html
Florida Senate - 2022 SB 1164
By Senator Bracy
11-00785-22 20221164__
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, on June 17, 2021, President Joe Biden signed
38 legislation observing June 19 as “Juneteenth National
39 Independence Day” and officially designating the day a federal
40 holiday, and
41 WHEREAS, this act designates Juneteenth Day as a legal
42 holiday in this state and as a paid holiday for employees of all
43 branches and agencies of state government to further commemorate
44 the announcement of the abolition of slavery and to recognize
45 the significant contributions of African Americans to this state
46 and our nation, NOW, THEREFORE,
47
48 Be It Enacted by the Legislature of the State of Florida:
49
50 Section 1. Subsection (1) of section 110.117, Florida
51 Statutes, is amended to read:
52 110.117 Paid holidays.—
53 (1) The following holidays shall be paid holidays observed
54 by all state branches and agencies:
55 (a) New Year’s Day.
56 (b) Birthday of Martin Luther King, Jr., third Monday in
57 January.
58 (c) Memorial Day.
59 (d) Juneteenth Day, June 19.
60 (e) Independence Day.
61 (f)(e) Labor Day.
62 (g)(f) Veterans’ Day, November 11.
63 (h)(g) Thanksgiving Day.
64 (i)(h) Friday after Thanksgiving.
65 (j)(i) Christmas Day.
66
67 (j) If any of these holidays falls on Saturday, the preceding
68 Friday shall be observed as a holiday. If any of these holidays
69 falls on Sunday, the following Monday shall be observed as a
70 holiday.
71 Section 2. Paragraph (a) of subsection (2) of section
72 627.062, Florida Statutes, is amended to read:
73 627.062 Rate standards.—
74 (2) As to all such classes of insurance:
75 (a) Insurers or rating organizations shall establish and
76 use rates, rating schedules, or rating manuals that allow the
77 insurer a reasonable rate of return on the classes of insurance
78 written in this state. A copy of rates, rating schedules, rating
79 manuals, premium credits or discount schedules, and surcharge
80 schedules, and changes thereto, must be filed with the office
81 under one of the following procedures:
82 1. If the filing is made at least 90 days before the
83 proposed effective date and is not implemented during the
84 office’s review of the filing and any proceeding and judicial
85 review, such filing is considered a “file and use” filing. In
86 such case, the office shall finalize its review by issuance of a
87 notice of intent to approve or a notice of intent to disapprove
88 within 90 days after receipt of the filing. If the 90-day period
89 ends on a weekend or a holiday under s. 110.117(1)(a)-(j) s.
90 110.117(1)(a)-(i), it must be extended until the conclusion of
91 the next business day. The notice of intent to approve and the
92 notice of intent to disapprove constitute agency action for
93 purposes of the Administrative Procedure Act. Requests for
94 supporting information, requests for mathematical or mechanical
95 corrections, or notification to the insurer by the office of its
96 preliminary findings does not toll the 90-day period during any
97 such proceedings and subsequent judicial review. The rate shall
98 be deemed approved if the office does not issue a notice of
99 intent to approve or a notice of intent to disapprove within 90
100 days after receipt of the filing.
101 2. If the filing is not made in accordance with
102 subparagraph 1., such filing must be made as soon as
103 practicable, but within 30 days after the effective date, and is
104 considered a “use and file” filing. An insurer making a “use and
105 file” filing is potentially subject to an order by the office to
106 return to policyholders those portions of rates found to be
107 excessive, as provided in paragraph (h).
108 3. For all property insurance filings made or submitted
109 after January 25, 2007, but before May 1, 2012, an insurer
110 seeking a rate that is greater than the rate most recently
111 approved by the office shall make a “file and use” filing. For
112 purposes of this subparagraph, motor vehicle collision and
113 comprehensive coverages are not considered property coverages.
114
115 The provisions of this subsection do not apply to workers’
116 compensation, employer’s liability insurance, and motor vehicle
117 insurance.
118 Section 3. Paragraph (a) of subsection (1) of section
119 627.0651, Florida Statutes, is amended to read:
120 627.0651 Making and use of rates for motor vehicle
121 insurance.—
122 (1) Insurers shall establish and use rates, rating
123 schedules, or rating manuals to allow the insurer a reasonable
124 rate of return on motor vehicle insurance written in this state.
125 A copy of rates, rating schedules, and rating manuals, and
126 changes therein, shall be filed with the office under one of the
127 following procedures:
128 (a) If the filing is made at least 60 days before the
129 proposed effective date and the filing is not implemented during
130 the office’s review of the filing and any proceeding and
131 judicial review, such filing shall be considered a “file and
132 use” filing. In such case, the office shall initiate proceedings
133 to disapprove the rate and so notify the insurer or shall
134 finalize its review within 60 days after receipt of the filing.
135 If the 60-day period ends on a weekend or a holiday under s.
136 110.117(1)(a)-(j) s. 110.117(1)(a)-(i), it must be extended
137 until the conclusion of the next business day. Notification to
138 the insurer by the office of its preliminary findings shall toll
139 the 60-day period during any such proceedings and subsequent
140 judicial review. The rate shall be deemed approved if the office
141 does not issue notice to the insurer of its preliminary findings
142 within 60 days after the filing.
143 Section 4. Subsection (2) of section 627.410, Florida
144 Statutes, is amended to read:
145 627.410 Filing, approval of forms.—
146 (2) Every such filing must be made at least 30 days in
147 advance of any such use or delivery. At the expiration of the 30
148 days, the form filed will be deemed approved unless prior
149 thereto it has been affirmatively approved or disapproved by
150 order of the office. The approval of such form by the office
151 constitutes a waiver of any unexpired portion of such waiting
152 period. The office may extend the period within which it may
153 affirmatively approve or disapprove such form by up to 15 days
154 by giving notice of such extension before expiration of the
155 initial 30-day period. If the initial 30-day period or the 15
156 day extension period ends on a weekend or a holiday under s.
157 110.117(1)(a)-(j) s. 110.117(1)(a)-(i), the review period must
158 be extended until the conclusion of the next business day. At
159 the expiration of such extended period, and in the absence of
160 prior affirmative approval or disapproval, such form shall be
161 deemed approved.
162 Section 5. Present paragraphs (n) through (u) of subsection
163 (1) of section 683.01, Florida Statutes, are redesignated as
164 paragraphs (o) through (v), respectively, and a new paragraph
165 (n) is added to that subsection, to read:
166 683.01 Legal holidays.—
167 (1) The legal holidays, which are also public holidays, are
168 the following:
169 (n) Juneteenth Day, June 19.
170 Section 6. Section 683.21, Florida Statutes, is repealed.
171 Section 7. This act shall take effect July 1, 2022.
