Key Takeaways
- Federal COBRA applies to Florida employers with 20 or more employees
- Florida state continuation applies to employers with fewer than 20 employees
- COBRA provides 18-36 months of continuation coverage depending on the qualifying event
- Employees have 60 days to elect COBRA and 45 days to pay the initial premium
- COBRA premiums can be up to 102% of the full group health premium
Last updated: January 2026
Florida COBRA and State Continuation Rights
Florida employees have continuation rights under both federal COBRA and state law.
Federal COBRA in Florida
Who COBRA Applies To
Federal COBRA applies to:
- Private employers with 20 or more employees
- State and local governments
- Churches with 20+ employees
COBRA Does NOT Apply To
- Employers with fewer than 20 employees
- Federal government
- Some church plans
Qualifying Events and Periods
COBRA Qualifying Events
| Qualifying Event | Maximum Period |
|---|---|
| Termination (not gross misconduct) | 18 months |
| Reduction in hours | 18 months |
| Employee's death | 36 months |
| Divorce/legal separation | 36 months |
| Medicare eligibility | 36 months |
| Child loses dependent status | 36 months |
Extended Periods
| Situation | Extension |
|---|---|
| SSA disability within 60 days | 29 months |
| Second qualifying event | 36 months |
Exam Tip: Basic COBRA is 18 months for termination. Dependents can get 36 months for death, divorce, etc.
COBRA Notice Requirements
Employer/Administrator Duties
| Requirement | Timeframe |
|---|---|
| Initial notice | When first covered |
| Qualifying event notice | Within 14 days |
| Election notice | Within 14 days |
Employee Duties
| Requirement | Timeframe |
|---|---|
| Report divorce | Within 60 days |
| Report child losing status | Within 60 days |
| Elect COBRA | Within 60 days |
| Pay initial premium | Within 45 days |
| Pay ongoing premiums | Within 30 days |
COBRA Premiums
Maximum Amounts
| Situation | Maximum Premium |
|---|---|
| Standard COBRA | 102% |
| Disability extension | 150% |
What Premium Includes
- Employer's portion
- Employee's portion
- Administrative fee
Florida State Continuation
For employers under 20 employees:
State Continuation
| Feature | Requirement |
|---|---|
| Employer Size | Under 20 employees |
| Duration | Similar to COBRA |
| Premium | Similar limits |
| Oversight | OIR/DFS |
Exam Tip: Florida follows federal COBRA for 20+ employee companies. Smaller employers have state continuation.
COBRA Termination
When Coverage Ends
| Event | Effect |
|---|---|
| Premium not paid | Terminates |
| Maximum period expires | Ends |
| All group coverage ends | Terminates |
| New group coverage | May terminate |
| Medicare eligibility | May terminate |
Grace Periods
| Payment | Grace Period |
|---|---|
| Initial premium | 45 days |
| Ongoing premiums | 30 days |
Coverage Options Comparison
When COBRA-Eligible
| Option | Consideration |
|---|---|
| COBRA | 102% of full premium |
| Spouse's plan | May be cheaper |
| Marketplace | May qualify for subsidies |
| Medicare | If eligible |
| Medicaid | If income qualifies |
COBRA and Medicare
- Medicare generally primary
- COBRA can supplement
- Cannot require COBRA over Medicare
Producer Counseling Points
Key Points
- Compare all options
- Calculate true COBRA cost
- Consider how long needed
- Check marketplace subsidies
- Meet all deadlines
Exam Tip: Help clients understand COBRA is 102% of FULL premium, not just employee share. Marketplace may be better if subsidies available.
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What is the employer size for federal COBRA?
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What is the maximum COBRA premium?
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How long to elect COBRA coverage?
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Maximum COBRA period for divorce?
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Grace period for ongoing COBRA payments?
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