6.2 Florida COBRA and State Continuation Rights
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 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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Test Your Knowledge
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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