Florida SB 1354: Sunshine Scholarship Program

Bill Text

1354 
Small Employer Health Insurance 
2026-01-07T09:15:01Z 
Deleting and revising definitions; deleting provisions relating to the creation of the Florida Small Employer Health Reinsurance Program, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1354 

 By Senator Garcia 

 36-01414A-26 20261354__ 
 1 A bill to be entitled 
 2 An act relating to small employer health insurance; 
 3 amending s. 627.6699, F.S.; deleting and revising 
 4 definitions; deleting provisions relating to the 
 5 creation of the Florida Small Employer Health 
 6 Reinsurance Program; amending ss. 627.642, 627.6475, 
 7 627.657, and 627.66997, F.S.; conforming cross 
 8 references; providing an effective date. 
 9 
 10 Be It Enacted by the Legislature of the State of Florida: 
 11 
 12 Section 1. Paragraphs (b), (p), (q), and (s) of subsection 
 13 (3), paragraph (d) of subsection (9), paragraphs (b) and (c) of 
 14 subsection (10), and subsection (11) of section 627.6699, 
 15 Florida Statutes, are amended to read: 
 16 627.6699 Employee Health Care Access Act.— 
 17 (3) DEFINITIONS.—As used in this section, the term: 
 18 (b) “Board” means the board of directors of the program. 
 19 (p) “Plan of operation” means the plan of operation of the 
 20 program, including articles, bylaws, and operating rules, 
 21 adopted by the board under subsection (11). 
 22 (q) “Program” means the Florida Small Employer Carrier 
 23 Reinsurance Program created under subsection (11). 
 24 (p)(s) “Reinsuring carrier” means a small employer carrier 
 25 that elects to comply with reinsurance the requirements set 
 26 forth in subsection (11). 
 27 (9) SMALL EMPLOYER CARRIER’S ELECTION TO BECOME A RISK 
 28 ASSUMING CARRIER OR A REINSURING CARRIER.— 
 29 (d) A small employer carrier that elects to cease 
 30 participating as a reinsuring carrier and to become a risk 
 31 assuming carrier is prohibited from reinsuring or continuing to 
 32 reinsure any small employer health benefits plan under 
 33 subsection (11) as soon as the carrier becomes a risk-assuming 
 34 carrier and must pay a prorated assessment based upon business 
 35 issued as a reinsuring carrier for any portion of the year that 
 36 the business was reinsured. A small employer carrier that elects 
 37 to cease participating as a risk-assuming carrier and to become 
 38 a reinsuring carrier is permitted to reinsure small employer 
 39 health benefit plans under the terms set forth in subsection 
 40 (11) and must pay a prorated assessment based upon business 
 41 issued as a reinsuring carrier for any portion of the year that 
 42 the business was reinsured. 
 43 (10) ELECTION PROCESS TO BECOME A RISK-ASSUMING CARRIER.— 
 44 (b) In determining whether to approve an application by a 
 45 small employer carrier to become a risk-assuming carrier, the 
 46 office shall consider: 
 47 1. The carrier’s financial ability to support the 
 48 assumption of the risk of small employer groups. 
 49 2. The carrier’s history of rating and underwriting small 
 50 employer groups. 
 51 3. The carrier’s commitment to market fairly to all small 
 52 employers in the state or its service area, as applicable. 
 53 4. The carrier’s ability to assume and manage the risk of 
 54 enrolling small employer groups without the protection of the 
 55 reinsurance program provided in subsection (11). 
 56 (c) A small employer carrier that becomes a risk-assuming 
 57 carrier pursuant to this subsection is not subject to 
 58 reinsurance the assessment provisions of subsection (11). 
 59 (11) SMALL EMPLOYER HEALTH REINSURANCE PROGRAM.— 
 60 (a) There is created a nonprofit entity to be known as the 
 61 “Florida Small Employer Health Reinsurance Program.” 
 62 (b)1. The program shall operate subject to the supervision 
 63 and control of the board. 
 64 2. Effective upon this act becoming a law, the board shall 
 65 consist of the director of the office or his or her designee, 
 66 who shall serve as the chairperson, and 13 additional members 
 67 who are representatives of carriers and insurance agents and are 
 68 appointed by the director of the office and serve as follows: 
 69 a. Five members shall be representatives of health insurers 
 70 licensed under chapter 624 or chapter 641. Two members shall be 
 71 agents who are actively engaged in the sale of health insurance. 
 72 Four members shall be employers or representatives of employers. 
 73 One member shall be a person covered under an individual health 
 74 insurance policy issued by a licensed insurer in this state. One 
 75 member shall represent the Agency for Health Care Administration 
 76 and shall be recommended by the Secretary of Health Care 
 77 Administration. 
 78 b. A member appointed under this subparagraph shall serve a 
 79 term of 4 years and shall continue in office until the member’s 
 80 successor takes office, except that, in order to provide for 
 81 staggered terms, the directo