Florida Senate - 2019                                    SB 1070
       
       
        
       By Senator Lee
       
       
       
       
       
       20-00388A-19                                          20191070__
    1                        A bill to be entitled                      
    2         An act relating to continuing care contracts; amending
    3         s. 651.011, F.S.; adding and revising definitions;
    4         amending s. 651.012, F.S.; conforming a cross
    5         reference; deleting an obsolete date; amending s.
    6         651.013, F.S.; adding certain Florida Insurance Code
    7         provisions to the Office of Insurance Regulation’s
    8         authority to regulate providers of continuing care and
    9         continuing care at-home; amending s. 651.019, F.S.;
   10         revising requirements for providers and facilities
   11         relating to financing and refinancing transactions;
   12         amending s. 651.021, F.S.; conforming provisions to
   13         changes made by the act; creating s. 651.0215, F.S.;
   14         specifying conditions, requirements, procedures, and
   15         prohibitions relating to consolidated applications for
   16         provisional certificates of authority and for
   17         certificates of authority and to the office’s review
   18         of such applications; specifying conditions under
   19         which a provider is entitled to secure the release of
   20         certain escrowed funds; providing construction;
   21         amending s. 651.022, F.S.; revising and specifying
   22         requirements, procedures, and prohibitions relating to
   23         applications for provisional certificates of authority
   24         and to the office’s review of such applications;
   25         amending s. 651.023, F.S.; revising and specifying
   26         requirements, procedures, and prohibitions relating to
   27         applications for certificates of authority and to the
   28         office’s review of such applications; conforming
   29         provisions to changes made by the act; amending s.
   30         651.024, F.S.; revising requirements for certain
   31         persons relating to provider acquisitions; specifying
   32         procedures for rebutting a presumption of control;
   33         providing standing to the office to petition a circuit
   34         court in certain proceedings; creating s. 651.0245,
   35         F.S.; specifying procedures, requirements, and a
   36         prohibition relating to an application for the
   37         simultaneous acquisition of a facility and issuance of
   38         a certificate of authority and to the office’s review
   39         of such application; specifying rulemaking
   40         requirements and authority of the Financial Services
   41         Commission; providing standing to the office to
   42         petition a circuit court in certain proceedings;
   43         specifying procedures for rebutting a presumption of
   44         control; creating s. 651.0246, F.S.; specifying
   45         requirements, conditions, procedures, and prohibitions
   46         relating to provider applications to commence
   47         construction or marketing for expansions of
   48         certificated facilities and to the office’s review of
   49         such applications; defining the term “existing units”;
   50         specifying escrow requirements for certain moneys;
   51         specifying conditions under which providers are
   52         entitled to secure release of such moneys; providing
   53         applicability and construction; amending s. 651.026,
   54         F.S.; revising requirements for annual reports filed
   55         by providers with the office; revising the
   56         commission’s rulemaking authority; requiring the
   57         office to annually publish a specified industry
   58         benchmarking report; amending s. 651.0261, F.S.;
   59         requiring providers to file quarterly unaudited
   60         financial statements; authorizing the office to waive
   61         such requirement under certain circumstances;
   62         providing an exception for filing a certain quarterly
   63         statement; revising information that the office may
   64         require providers to file and the circumstances under
   65         which such information must be filed; revising the
   66         commission’s rulemaking authority; amending s.
   67         651.028, F.S.; revising requirements that the office
   68         may waive under certain circumstances; revising the
   69         entities that may qualify for such waiver; requiring
   70         such entities to provide certain information to the
   71         office under certain circumstances; amending s.
   72         651.033, F.S.; revising applicability of escrow
   73         requirements; revising requirements for escrow
   74         accounts and agreements; revising the office’s
   75         authority to allow a withdrawal of a specified
   76         percentage of the required minimum liquid reserve;
   77         revising applicability of requirements relating to the
   78         deposit of certain funds in escrow accounts;
   79         prohibiting an escrow agent, except under certain
   80         circumstances, from releasing or allowing the transfer
   81         of funds; creating s. 651.034, F.S.; specifying
   82         requirements for the office if a regulatory action
   83         level event occurs; specifying requirements for
   84         corrective action plans; authorizing the office to use
   85         members of the Continuing Care Advisory Council and to
   86         retain consultants for certain purposes; requiring
   87         affected providers to bear the fees, costs, and
   88         expenses of such consultants; specifying requirements
   89         for, and authorized actions of, the office and the
   90         Department of Financial Services if an impairment
   91         occurs; providing construction; authorizing the office
   92         to exempt a provider from certain requirements for a
   93         certain timeframe; authorizing the commission to adopt
   94         rules; amending s. 651.035, F.S.; revising minimum
   95         liquid reserve requirements for providers; specifying
   96         requirements, limitations, and procedures for a
   97         provider’s withdrawal of funds held in escrow and the
   98         office’s review of certain requests for withdrawal;
   99         authorizing the office to order certain transfers
  100         under certain circumstances; requiring facilities to
  101         annually file with the office a minimum liquid reserve
  102         calculation; providing construction; creating s.
  103         651.043, F.S.; specifying requirements for certain
  104         management company contracts; specifying requirements,
  105         procedures, and authorized actions relating to changes
  106         in provider management and to the office’s review of
  107         such changes; requiring that disapproved management be
  108         removed within a certain timeframe; authorizing the
  109         office to take certain disciplinary actions under
  110         certain circumstances; requiring providers to
  111         immediately remove management under certain
  112         circumstances; amending s. 651.051, F.S.; revising
  113         requirements for the maintenance of provider records
  114         and assets; amending s. 651.055, F.S.; revising a
  115         required statement in continuing care contracts;
  116         amending s. 651.057, F.S.; conforming provisions to
  117         changes made by the act; amending s. 651.071, F.S.;
  118         specifying the priority of continuing care contracts
  119         and continuing care at-home contracts in receivership
  120         or liquidation proceedings against a provider;
  121         amending s. 651.091, F.S.; revising requirements for
  122         continuing care facilities relating to posting or
  123         providing notices; amending s. 651.095, F.S.; adding
  124         terms to a list of prohibited terms in certain
  125         advertisements; amending s. 651.105, F.S.; adding a
  126         certain Florida Insurance Code provision to the
  127         office’s authority to examine certain providers and
  128         applicants; requiring providers to respond to the
  129         office’s written correspondence and to provide certain
  130         information; providing standing to the office to
  131         petition certain circuit courts for certain relief;
  132         revising, and specifying limitations on, the office’s
  133         examination authority; amending s. 651.106, F.S.;
  134         authorizing the office to deny applications on
  135         specified grounds; adding and revising grounds for
  136         suspension or revocation of provisional certificates
  137         of authority and certificates of authority; creating
  138         s. 651.1065, F.S.; prohibiting certain actions by
  139         certain persons of an impaired or insolvent continuing
  140         care facility; providing that bankruptcy courts or
  141         trustees have jurisdiction over certain matters;
  142         requiring the office to approve or disapprove the
  143         continued marketing of new contracts within a certain
  144         timeframe; providing a criminal penalty; amending s.
  145         651.111, F.S.; defining the term “inspection”;
  146         revising procedures and requirements relating to
  147         requests for inspections to the office; amending s.
  148         651.114, F.S.; revising and specifying requirements,
  149         procedures, and authorized actions relating to
  150         providers’ corrective action plans; providing
  151         construction; revising and specifying requirements and
  152         procedures relating to delinquency proceedings against
  153         a provider; revising circumstances under which the
  154         office must provide a certain notice to trustees or
  155         lenders; creating s. 651.1141, F.S.; providing
  156         legislative findings; authorizing the office to issue
  157         certain immediate final orders under certain
  158         circumstances; amending s. 651.121, F.S.; revising the
  159         composition of the Continuing Care Advisory Council;
  160         amending s. 651.125, F.S.; revising a prohibition to
  161         include certain actions performed without a valid
  162         provisional certificate of authority; providing
  163         effective dates.
  164          
  165  Be It Enacted by the Legislature of the State of Florida:
  166  
  167         Section 1. Section 651.011, Florida Statutes, is amended to
  168  read:
  169         651.011 Definitions.—As used in this chapter, the term:
  170         (1) “Actuarial opinion” means an opinion issued by an
  171  actuary in accordance with Actuarial Standards of Practice No. 3
  172  for Continuing Care Retirement Communities, Revised Edition,
  173  effective May 1, 2011.
  174         (2) “Actuarial study” means an analysis prepared for an
  175  individual facility, or consolidated for multiple facilities,
  176  for either a certified provider, as of a current valuation date
  177  or the most recent fiscal year, or for an applicant, as of a
  178  projected future valuation date, which includes an actuary’s
  179  opinion as to whether such provider or applicant is in
  180  satisfactory actuarial balance in accordance with Actuarial
  181  Standards of Practice No. 3 for Continuing Care Retirement
  182  Communities, Revised Edition, effective May 1, 2011.
  183         (3) “Actuary” means an individual who is qualified to sign
  184  an actuarial opinion in accordance with the American Academy of
  185  Actuaries’ qualification standards and who is a member in good
  186  standing of the American Academy of Actuaries.
  187         (4)(1) “Advertising” means the dissemination of written,
  188  visual, or electronic information by a provider, or any person
  189  affiliated with or controlled by a provider, to potential
  190  residents or their representatives for the purpose of inducing
  191  such persons to subscribe to or enter into a contract for
  192  continuing care or continuing care at-home.
  193         (5)(2) “Continuing care” or “care” means, pursuant to a
  194  contract, furnishing shelter and nursing care or personal
  195  services to a resident who resides in a facility, whether such
  196  nursing care or personal services are provided in the facility
  197  or in another setting designated in the contract for continuing
  198  care, by an individual not related by consanguinity or affinity
  199  to the resident, upon payment of an entrance fee.
  200         (6)(3) “Continuing Care Advisory Council” or “advisory
  201  council” means the council established in s. 651.121.
  202         (7)(4) “Continuing care at-home” means, pursuant to a
  203  contract other than a contract described in subsection (5) (2),
  204  furnishing to a resident who resides outside the facility the
  205  right to future access to shelter and nursing care or personal
  206  services, whether such services are provided in the facility or
  207  in another setting designated in the contract, by an individual
  208  not related by consanguinity or affinity to the resident, upon
  209  payment of an entrance fee.
  210         (8) “Controlling company” means any corporation, trust, or
  211  association that directly or indirectly owns 25 percent or more
  212  of:
  213         (a) The voting securities of one or more providers or
  214  facilities that are stock corporations; or
  215         (b) The ownership interest of one or more providers or
  216  facilities that are not stock corporations.
  217         (9) “Corrective order” means an order issued by the office
  218  which specifies corrective actions that the office determines
  219  are required in accordance with this chapter or commission rule.
  220         (10)“Days cash on hand” means the quotient obtained by
  221  dividing the value of paragraph (a) by the value of paragraph
  222  (b).
  223         (a)The sum of unrestricted cash, unrestricted short-term
  224  and long-term investments, provider restricted funds, and the
  225  minimum liquid reserve as of the reporting date.
  226         (b)Operating expenses less depreciation, amortization, and
  227  other noncash expenses and nonoperating losses, divided by 365.
  228  Operating expenses, depreciation, amortization, and other
  229  noncash expenses and nonoperating losses are each the sum of
  230  their respective values over the 12-month period ending on the
  231  reporting date.
  232  
  233  With prior written approval of the office, a demand note or
  234  other parental guarantee may be considered a short-term or long
  235  term investment for the purposes of paragraph (a). However, the
  236  total of all demand notes issued by the parent may not, at any
  237  time, be more than the sum of unrestricted cash and unrestricted
  238  short-term and long-term investments held by the parent.
  239         (11) “Debt service coverage ratio” means the quotient
  240  obtained by dividing the value of paragraph (a) by the value of
  241  paragraph (b).
  242         (a)The sum of total expenses less interest expense on the
  243  debt facility, depreciation, amortization, and other noncash
  244  expense and nonoperating losses, subtracted from the sum of
  245  total revenues, excluding noncash revenues and nonoperating
  246  gains, and gross entrance fees received less earned entrance
  247  fees and refunds paid. Expenses, interest expense on the debt
  248  facility, depreciation, amortization, and other noncash expense
  249  and nonoperating losses, revenues, noncash revenues,
  250  nonoperating gains, gross entrance fees, earned entrance fees,
  251  and refunds are each the sum of their respective values over the
  252  12-month period ending on the reporting date.
  253         (b)Total annual principal and interest expense due on the
  254  debt facility over the 12-month period ending on the reporting
  255  date. For the purposes of this paragraph, principal excludes any
  256  balloon principal payment amounts, and interest expense due is
  257  the sum of the interest over the 12-month period immediately
  258  preceding the reporting date.
  259         (12) “Department” means the Department of Financial
  260  Services.
  261         (13)(5) “Entrance fee” means an initial or deferred payment
  262  of a sum of money or property made as full or partial payment
  263  for continuing care or continuing care at-home. An accommodation
  264  fee, admission fee, member fee, or other fee of similar form and
  265  application are considered to be an entrance fee.
  266         (14)(6) “Facility” means a place where continuing care is
  267  furnished and may include one or more physical plants on a
  268  primary or contiguous site or an immediately accessible site. As
  269  used in this subsection, the term “immediately accessible site”
  270  means a parcel of real property separated by a reasonable
  271  distance from the facility as measured along public
  272  thoroughfares, and the term “primary or contiguous site” means
  273  the real property contemplated in the feasibility study required
  274  by this chapter.
  275         (7) “Generally accepted accounting principles” means those
  276  accounting principles and practices adopted by the Financial
  277  Accounting Standards Board and the American Institute of
  278  Certified Public Accountants, including Statement of Position
  279  90-8 with respect to any full year to which the statement
  280  applies.
  281         (15) “Impaired” or “impairment” means that either of the
  282  following has occurred:
  283         (a) A provider has failed to maintain its minimum liquid
  284  reserve as required under s. 651.035, unless the provider has
  285  received prior written approval from the office for a withdrawal
  286  pursuant to s. 651.035(6) and is compliant with the approved
  287  payment schedule.
  288         (b)Beginning January 1, 2021:
  289         1.For a provider with mortgage financing from a third
  290  party lender or a public bond issue, the provider’s debt service
  291  coverage ratio is less than 1.00:1 and the provider’s days cash
  292  on hand is less than 90; or
  293         2.For a provider without mortgage financing from a third
  294  party lender or public bond issue, the provider’s days cash on
  295  hand is less than 90.
  296  
  297  If the provider is a member of an obligated group having cross
  298  collateralized debt, the obligated group’s debt service coverage
  299  ratio and days cash on hand must be used to determine if the
  300  provider is impaired.
  301         (16)(8) “Insolvency” means the condition in which a the
  302  provider is unable to pay its obligations as they come due in
  303  the normal course of business.
  304         (17)(9) “Licensed” means that a the provider has obtained a
  305  certificate of authority from the office department.
  306         (18) “Manager”, “management,” or “management company” means
  307  a person who administers the day-to-day business operations of a
  308  facility for a provider, subject to the policies, directives,
  309  and oversight of the provider.
  310         (19)(10) “Nursing care” means those services or acts
  311  rendered to a resident by an individual licensed or certified
  312  pursuant to chapter 464.
  313         (20) “Obligated group” means one or more entities that
  314  jointly agree to be bound by a financing structure containing
  315  security provisions and covenants applicable to the group. For
  316  the purposes of this subsection, debt issued under such a
  317  financing structure must be a joint and several obligation of
  318  each member of the group.
  319         (21) “Occupancy” means the total number of occupied
  320  independent living units, assisted living units, and skilled
  321  nursing beds in a facility divided by the total number of units
  322  and beds in that facility, excluding units and beds that are
  323  unavailable to market or that are reserved by prospective
  324  residents.
  325         (22)(11) “Personal services” has the same meaning as in s.
  326  429.02.
  327         (23)(12) “Provider” means the owner or operator, whether a
  328  natural person, partnership or other unincorporated association,
  329  however organized, trust, or corporation, of an institution,
  330  building, residence, or other place, whether operated for profit
  331  or not, which owner or operator provides continuing care or
  332  continuing care at-home for a fixed or variable fee, or for any
  333  other remuneration of any type, whether fixed or variable, for
  334  the period of care, payable in a lump sum or lump sum and
  335  monthly maintenance charges or in installments. The term does
  336  not apply to an entity that has existed and continuously
  337  operated a facility located on at least 63 acres in this state
  338  providing residential lodging to members and their spouses for
  339  at least 66 years on or before July 1, 1989, and has the
  340  residential capacity of 500 persons, is directly or indirectly
  341  owned or operated by a nationally recognized fraternal
  342  organization, is not open to the public, and accepts only its
  343  members and their spouses as residents.
  344         (24)(13) “Records” means all documents, correspondence, and
  345  the permanent financial, directory, and personnel information
  346  and data maintained by a provider pursuant to this chapter,
  347  regardless of the physical form, characteristics, or means of
  348  transmission.
  349         (25) “Regulatory action level event” means that any of the
  350  following has occurred:
  351         (a)The provider’s debt service coverage ratio is less than
  352  the minimum ratio specified in the provider’s bond covenants or
  353  lending agreement for long-term financing, or, if the provider
  354  does not have a debt service coverage ratio required by its
  355  lending institution, the provider’s debt service coverage ratio
  356  is less than 1.20:1 as of the most recent annual report filed
  357  with the office. If the provider is a member of an obligated
  358  group having cross-collateralized debt, the obligated group’s
  359  debt service coverage ratio must be used as the provider’s debt
  360  service coverage ratio.
  361         (b)The provider’s days cash on hand is less than the
  362  minimum number of days cash on hand specified in the provider’s
  363  bond covenants or lending agreement for long-term financing. If
  364  the provider does not have a days cash on hand required by its
  365  lending institution, the days cash on hand may not be less than
  366  100 as of the most recent annual report filed with the office.
  367  If the provider is a member of an obligated group having cross
  368  collateralized debt, the days cash on hand of the obligated
  369  group must be used as the provider’s days cash on hand.
  370         (c) The average occupancy of the provider’s facility over
  371  the 12-month period ending on the reporting date is less than 80
  372  percent.
  373         (26)(14) “Resident” means a purchaser of, a nominee of, or
  374  a subscriber to a continuing care or continuing care at-home
  375  contract. Such contract does not give the resident a part
  376  ownership of the facility in which the resident is to reside,
  377  unless expressly provided in the contract.
  378         (27)(15) “Shelter” means an independent living unit, room,
  379  apartment, cottage, villa, personal care unit, nursing bed, or
  380  other living area within a facility set aside for the exclusive
  381  use of one or more identified residents.
  382         Section 2. Section 651.012, Florida Statutes, is amended to
  383  read:
  384         651.012 Exempted facility; written disclosure of
  385  exemption.—Any facility exempted under ss. 632.637(1)(e) and
  386  651.011(23) 651.011(12) must provide written disclosure of such
  387  exemption to each person admitted to the facility after October
  388  1, 1996. This disclosure must be written using language likely
  389  to be understood by the person and must briefly explain the
  390  exemption.
  391         Section 3. Subsection (2) of section 651.013, Florida
  392  Statutes, is amended to read:
  393         651.013 Chapter exclusive; applicability of other laws.—
  394         (2) In addition to other applicable provisions cited in
  395  this chapter, the office has the authority granted under ss.
  396  624.302 and 624.303, 624.307-624.312, 624.318 624.308-624.312,
  397  624.319(1)-(3), 624.320-624.321, 624.324, and 624.34, and
  398  624.422 of the Florida Insurance Code to regulate providers of
  399  continuing care and continuing care at-home.
  400         Section 4. Section 651.019, Florida Statutes, is amended to
  401  read:
  402         651.019 New financing, additional financing, or
  403  refinancing.—
  404         (1)(a)A provider shall provide a written general outline
  405  of the amount and the anticipated terms of any new financing or
  406  refinancing, and the intended use of proceeds, to the residents’
  407  council at least 30 days before the closing date of the
  408  financing or refinancing transaction. If there is a material
  409  change in the noticed information, a provider shall provide an
  410  updated notice to the residents’ council within 10 business days
  411  after the provider becomes aware of such change.
  412         (b) If the facility does not have a residents’ council, the
  413  facility must make available, in the same manner as other
  414  community notices, the information required under paragraph (a)
  415  After issuance of a certificate of authority, the provider shall
  416  submit to the office a general outline, including intended use
  417  of proceeds, with respect to any new financing, additional
  418  financing, or refinancing at least 30 days before the closing
  419  date of such financing transaction.
  420         (2) Within 30 days after the closing date of such financing
  421  or refinancing transaction, The provider shall furnish any
  422  information the office may reasonably request in connection with
  423  any new financing, additional financing, or refinancing,
  424  including, but not limited to, the financing agreements and any
  425  related documents, escrow or trust agreements, and statistical
  426  or financial data. the provider shall also submit to the office
  427  copies of executed financing documents, escrow or trust
  428  agreements prepared in support of such financing or refinancing
  429  transaction, and a copy of all documents required to be
  430  submitted to the residents’ council under paragraph (1)(a)
  431  within 30 days after the closing date.
  432         Section 5. Section 651.021, Florida Statutes, is amended to
  433  read:
  434         651.021 Certificate of authority required.—
  435         (1)A No person may not engage in the business of providing
  436  continuing care, issuing contracts for continuing care or
  437  continuing care at-home, or constructing a facility for the
  438  purpose of providing continuing care in this state without a
  439  certificate of authority obtained from the office as provided in
  440  this chapter. This section subsection does not prohibit the
  441  preparation of a construction site or construction of a model
  442  residence unit for marketing purposes, or both. The office may
  443  allow the purchase of an existing building for the purpose of
  444  providing continuing care if the office determines that the
  445  purchase is not being made to circumvent the prohibitions in
  446  this section.
  447         (2) Written approval must be obtained from the office
  448  before commencing construction or marketing for an expansion of
  449  a certificated facility equivalent to the addition of at least
  450  20 percent of existing units or 20 percent or more in the number
  451  of continuing care at-home contracts. This provision does not
  452  apply to construction for which a certificate of need from the
  453  Agency for Health Care Administration is required.
  454         (a) For providers that offer both continuing care and
  455  continuing care at-home, the 20 percent is based on the total of
  456  both existing units and existing contracts for continuing care
  457  at-home. For purposes of this subsection, an expansion includes
  458  increases in the number of constructed units or continuing care
  459  at-home contracts or a combination of both.
  460         (b) The application for such approval shall be on forms
  461  adopted by the commission and provided by the office. The
  462  application must include the feasibility study required by s.
  463  651.022(3) or s. 651.023(1)(b) and such other information as
  464  required by s. 651.023. If the expansion is only for continuing
  465  care at-home contracts, an actuarial study prepared by an
  466  independent actuary in accordance with standards adopted by the
  467  American Academy of Actuaries which presents the financial
  468  impact of the expansion may be substituted for the feasibility
  469  study.
  470         (c) In determining whether an expansion should be approved,
  471  the office shall use the criteria provided in ss. 651.022(6) and
  472  651.023(4).
  473         Section 6. Section 651.0215, Florida Statutes, is created
  474  to read:
  475         651.0215 Consolidated application for a provisional
  476  certificate of authority and a certificate of authority;
  477  required restrictions on use of entrance fees.—
  478         (1)For an applicant to qualify for a certificate of
  479  authority without first obtaining a provisional certificate of
  480  authority, all of the following conditions must be met:
  481         (a)All reservation deposits and entrance fees must be
  482  placed in escrow in accordance with s. 651.033. The applicant
  483  may not use or pledge any part of an initial entrance fee for
  484  the construction or purchase of the facility or as security for
  485  long-term financing.
  486         (b)The reservation deposit may not exceed the lesser of
  487  $40,000 or 10 percent of the then-current fee for the unit
  488  selected by a resident and must be refundable at any time before
  489  the resident takes occupancy of the selected unit.
  490         (c)The resident contract must state that collection of the
  491  balance of the entrance fee is to occur after the resident is
  492  notified that his or her selected unit is available for
  493  occupancy and on or before the occupancy date.
  494         (2)The consolidated application must be on a form
  495  prescribed by the commission and must contain all of the
  496  following information:
  497         (a)All of the information required under s. 651.022(2).
  498         (b)A feasibility study prepared by an independent
  499  consultant which contains all of the information required by s.
  500  651.022(3) and financial forecasts or projections prepared in
  501  accordance with standards adopted by the American Institute of
  502  Certified Public Accountants or in accordance with standards for
  503  feasibility studies for continuing care retirement communities
  504  adopted by the Actuarial Standards Board.
  505         1.The feasibility study must take into account project
  506  costs, actual marketing results to date and marketing
  507  projections, resident fees and charges, competition, resident
  508  contract provisions, and other factors that affect the
  509  feasibility of operating the facility.
  510         2.If the feasibility study is prepared by an independent
  511  certified public accountant, it must contain an examination
  512  report, or a compilation report acceptable to the office,
  513  containing a financial forecast or projections for the first 5
  514  years of operations which take into account an actuary’s
  515  mortality and morbidity assumptions as the study relates to
  516  turnover, rates, fees, and charges. If the study is prepared by
  517  an independent consulting actuary, it must contain mortality and
  518  morbidity assumptions as it relates to turnover, rates, fees,
  519  and charges and an actuary’s signed opinion that the project as
  520  proposed is feasible and that the study has been prepared in
  521  accordance with Actuarial Standards of Practice No. 3 for
  522  Continuing Care Retirement Communities, Revised Edition,
  523  effective May 1, 2011.
  524         (c) Documents evidencing that commitments have been secured
  525  for construction financing and long-term financing or that a
  526  documented plan acceptable to the office has been adopted by the
  527  applicant for long-term financing.
  528         (d) Documents evidencing that all conditions of the lender
  529  have been satisfied to activate the commitment to disburse
  530  funds, other than the obtaining of the certificate of authority,
  531  the completion of construction, or the closing of the purchase
  532  of realty or buildings for the facility.
  533         (e) Documents evidencing that the aggregate amount of
  534  entrance fees received by or pledged to the applicant, plus
  535  anticipated proceeds from any long-term financing commitment and
  536  funds from all other sources in the actual possession of the
  537  applicant, equal at least 100 percent of the aggregate cost of
  538  constructing or purchasing, equipping, and furnishing the
  539  facility plus 100 percent of the anticipated startup losses of
  540  the facility.
  541         (f) A complete audited financial report of the applicant,
  542  prepared by an independent certified public accountant in
  543  accordance with generally accepted accounting principles, as of
  544  the date the applicant commenced business operations or for the
  545  fiscal year that ended immediately preceding the date of
  546  application, whichever is later; and complete unaudited
  547  quarterly financial statements attested to by the applicant
  548  after the date of the last audit.
  549         (g) Documents evidencing that the applicant will be able to
  550  comply with s. 651.035.
  551         (h) Such other reasonable data, financial statements, and
  552  pertinent information as the commission or office may require
  553  with respect to the applicant or the facility to determine the
  554  financial status of the facility and the management capabilities
  555  of its managers and owners.
  556  
  557  If any material change occurs in the facts set forth in an
  558  application filed with the office pursuant to this subsection,
  559  an amendment setting forth such change must be filed with the
  560  office within 10 business days after the applicant becomes aware
  561  of such change, and a copy of the amendment must be sent by
  562  registered mail to the principal office of the facility and to
  563  the principal office of the controlling company.
  564         (3) If an applicant has or proposes to have more than one
  565  facility offering continuing care or continuing care at-home, a
  566  separate certificate of authority must be obtained for each
  567  facility.
  568         (4) Within 45 days after receipt of the information
  569  required under subsection (2), the office shall examine the
  570  information and notify the applicant in writing, specifically
  571  requesting any additional information that the office is
  572  authorized to require. An application is deemed complete when
  573  the office receives all requested information and the applicant
  574  corrects any error or omission of which the applicant was timely
  575  notified or when the time for such notification has expired.
  576  Within 15 days after receipt of all of the requested additional
  577  information, the office shall notify the applicant in writing
  578  that all of the requested information has been received and that
  579  the application is deemed complete as of the date of the notice.
  580  Failure to notify the applicant in writing within the 15-day
  581  period constitutes acknowledgment by the office that it has
  582  received all requested additional information, and the
  583  application is deemed complete for purposes of review on the
  584  date the applicant files all of the required additional
  585  information.
  586         (5) Within 45 days after an application is deemed complete
  587  as set forth in subsection (4) and upon completion of the
  588  remaining requirements of this section, the office shall
  589  complete its review and issue or deny a certificate of authority
  590  to the applicant. If the office requests additional information
  591  and the applicant provides it within 5 business days after
  592  notification, the period for reviewing or approving an
  593  application may not be extended beyond the period specified in
  594  subsection (4). If a certificate of authority is denied, the
  595  office shall notify the applicant in writing, citing the
  596  specific failures to satisfy this chapter, and the applicant is
  597  entitled to an administrative hearing pursuant to chapter 120.
  598         (6)The office shall issue a certificate of authority upon
  599  determining that the applicant meets all of the requirements of
  600  law and has submitted all of the information required under this
  601  section, that all escrow requirements have been satisfied, and
  602  that the fees prescribed in s. 651.015(2) have been paid.
  603         (7) The issuance of a certificate of authority entitles the
  604  applicant to begin construction and collect reservation deposits
  605  and entrance fees from prospective residents. The reservation
  606  contract must state the cancellation policy and the terms of the
  607  continuing care contract. All or any part of an entrance fee or
  608  reservation deposit collected must be placed in an escrow
  609  account or on deposit with the department pursuant to s.
  610  651.033.
  611         (8) The provider is entitled to secure release of the
  612  moneys held in escrow within 7 days after the office receives an
  613  affidavit from the provider, along with appropriate
  614  documentation to verify, and notification is provided to the
  615  escrow agent by certified mail, that all of the following
  616  conditions have been satisfied:
  617         (a) A certificate of occupancy has been issued.
  618         (b) Payment in full has been received for at least 70
  619  percent of the total units of a phase or of the total of the
  620  combined phases constructed. If a provider offering continuing
  621  care at-home is applying for a release of escrowed entrance
  622  fees, the same minimum requirement must be met for the
  623  continuing care contracts and for the continuing care at-home
  624  contracts independently of each other.
  625         (c) The provider has evidence of sufficient funds to meet
  626  the requirements of s. 651.035, which may include funds
  627  deposited in the initial entrance fee account.
  628         (d) Documents evidencing the intended application of the
  629  proceeds upon release and documents evidencing that the entrance
  630  fees, when released, will be applied as represented to the
  631  office.
  632  
  633  Notwithstanding chapter 120, a person, other than the provider,
  634  the escrow agent, and the office, may not have a substantial
  635  interest in any decision by the office regarding the release of
  636  escrow funds in any proceeding under chapter 120 or this
  637  chapter.
  638         (9) The office may not approve any application that
  639  includes in the plan of financing any encumbrance of the
  640  operating reserves or renewal and replacement reserves required
  641  by this chapter.
  642         (10)The office may not issue a certificate of authority to
  643  a facility that does not have a component that is to be licensed
  644  pursuant to part II of chapter 400 or part I of chapter 429, or
  645  that does not offer personal services or nursing services
  646  through written contractual agreement. A written contractual
  647  agreement must be disclosed in the contract for continuing care
  648  or continuing care at-home and is subject to s. 651.1151.
  649         Section 7. Subsections (2), (3), (6), and (8) of section
  650  651.022, Florida Statutes, are amended, and subsection (5) of
  651  that section is republished, to read:
  652         651.022 Provisional certificate of authority; application.—
  653         (2) The application for a provisional certificate of
  654  authority must shall be on a form prescribed by the commission
  655  and must shall contain the following information:
  656         (a) If the applicant or provider is a corporation, a copy
  657  of the articles of incorporation and bylaws; if the applicant or
  658  provider is a partnership or other unincorporated association, a
  659  copy of the partnership agreement, articles of association, or
  660  other membership agreement; and, if the applicant or provider is
  661  a trust, a copy of the trust agreement or instrument.
  662         (b) The full names, residences, and business addresses of:
  663         1. The proprietor, if the applicant or provider is an
  664  individual.
  665         2. Every partner or member, if the applicant or provider is
  666  a partnership or other unincorporated association, however
  667  organized, having fewer than 50 partners or members, together
  668  with the business name and address of the partnership or other
  669  organization.
  670         3. The principal partners or members, if the applicant or
  671  provider is a partnership or other unincorporated association,
  672  however organized, having 50 or more partners or members,
  673  together with the business name and business address of the
  674  partnership or other organization. If such unincorporated
  675  organization has officers and a board of directors, the full
  676  name and business address of each officer and director may be
  677  set forth in lieu of the full name and business address of its
  678  principal members.
  679         4. The corporation and each officer and director thereof,
  680  if the applicant or provider is a corporation.
  681         5. Every trustee and officer, if the applicant or provider
  682  is a trust.
  683         6. The manager, whether an individual, corporation,
  684  partnership, or association.
  685         7. Any stockholder holding at least a 10 percent interest
  686  in the operations of the facility in which the care is to be
  687  offered.
  688         8. Any person whose name is required to be provided in the
  689  application under this paragraph and who owns any interest in or
  690  receives any remuneration from, directly or indirectly, any
  691  professional service firm, association, trust, partnership, or
  692  corporation providing goods, leases, or services to the facility
  693  for which the application is made, with a real or anticipated
  694  value of $10,000 or more, and the name and address of the
  695  professional service firm, association, trust, partnership, or
  696  corporation in which such interest is held. The applicant shall
  697  describe such goods, leases, or services and the probable cost
  698  to the facility or provider and shall describe why such goods,
  699  leases, or services should not be purchased from an independent
  700  entity.
  701         9. Any person, corporation, partnership, association, or
  702  trust owning land or property leased to the facility, along with
  703  a copy of the lease agreement.
  704         10. Any affiliated parent or subsidiary corporation or
  705  partnership.
  706         (c)1. Evidence that the applicant is reputable and of
  707  responsible character. If the applicant is a firm, association,
  708  organization, partnership, business trust, corporation, or
  709  company, the form must shall require evidence that the members
  710  or shareholders are reputable and of responsible character, and
  711  the person in charge of providing care under a certificate of
  712  authority are shall likewise be required to produce evidence of
  713  being reputable and of responsible character.
  714         2. Evidence satisfactory to the office of the ability of
  715  the applicant to comply with the provisions of this chapter and
  716  with rules adopted by the commission pursuant to this chapter.
  717         3. A statement of whether a person identified in the
  718  application for a provisional certificate of authority or the
  719  administrator or manager of the facility, if such person has
  720  been designated, or any such person living in the same location:
  721         a. Has been convicted of a felony or has pleaded nolo
  722  contendere to a felony charge, or has been held liable or has
  723  been enjoined in a civil action by final judgment, if the felony
  724  or civil action involved fraud, embezzlement, fraudulent
  725  conversion, or misappropriation of property.
  726         b. Is subject to a currently effective injunctive or
  727  restrictive order or federal or state administrative order
  728  relating to business activity or health care as a result of an
  729  action brought by a public agency or department, including,
  730  without limitation, an action affecting a license under chapter
  731  400 or chapter 429.
  732  
  733  The statement must shall set forth the court or agency, the date
  734  of conviction or judgment, and the penalty imposed or damages
  735  assessed, or the date, nature, and issuer of the order. Before
  736  determining whether a provisional certificate of authority is to
  737  be issued, the office may make an inquiry to determine the
  738  accuracy of the information submitted pursuant to subparagraphs
  739  1., 2., and 3. 1. and 2.
  740         (d) The contracts for continuing care and continuing care
  741  at-home to be entered into between the provider and residents
  742  which meet the minimum requirements of s. 651.055 or s. 651.057
  743  and which include a statement describing the procedures required
  744  by law relating to the release of escrowed entrance fees. Such
  745  statement may be furnished through an addendum.
  746         (e) Any advertisement or other written material proposed to
  747  be used in the solicitation of residents.
  748         (f) Such other reasonable data, financial statements, and
  749  pertinent information as the commission or office may reasonably
  750  require with respect to the provider or the facility, including
  751  the most recent audited financial report statements of
  752  comparable facilities currently or previously owned, managed, or
  753  developed by the applicant or its principal, to assist in
  754  determining the financial viability of the project and the
  755  management capabilities of its managers and owners.
  756         (g) The forms of the residency contracts, reservation
  757  contracts, escrow agreements, and wait list contracts, if
  758  applicable, which are proposed to be used by the provider in the
  759  furnishing of care. The office shall approve contracts and
  760  escrow agreements that comply with ss. 651.023(1)(c), 651.033,
  761  651.055, and 651.057. Thereafter, no other form of contract or
  762  agreement may be used by the provider until it has been
  763  submitted to the office and approved.
  764  
  765  If any material change occurs in the facts set forth in an
  766  application filed with the office pursuant to this subsection,
  767  an amendment setting forth such change must be filed with the
  768  office within 10 business days after the applicant becomes aware
  769  of such change, and a copy of the amendment must be sent by
  770  registered mail to the principal office of the facility and to
  771  the principal office of the controlling company.
  772         (3) In addition to the information required in subsection
  773  (2), an applicant for a provisional certificate of authority
  774  shall submit a market feasibility study with appropriate
  775  financial, marketing, and actuarial assumptions for the first 5
  776  years of operations. The market feasibility study must shall
  777  include at least the following information:
  778         (a) A description of the proposed facility, including the
  779  location, size, anticipated completion date, and the proposed
  780  construction program.
  781         (b) An identification and evaluation of the primary and, if
  782  appropriate, the secondary market areas of the facility and the
  783  projected unit sales per month.
  784         (c) Projected revenues, including anticipated entrance
  785  fees; monthly service fees; nursing care revenues rates, if
  786  applicable; and all other sources of revenue, including the
  787  total amount of debt financing required.
  788         (d) Projected expenses, including staffing requirements and
  789  salaries; cost of property, plant, and equipment, including
  790  depreciation expense; interest expense; marketing expense; and
  791  other operating expenses.
  792         (e) A projected balance sheet Current assets and
  793  liabilities of the applicant.
  794         (f) Expectations of the financial condition of the project,
  795  including the projected cash flow, and a projected balance sheet
  796  and an estimate of the funds anticipated to be necessary to
  797  cover startup losses.
  798         (g) The inflation factor, if any, assumed in the
  799  feasibility study for the proposed facility and how and where it
  800  is applied.
  801         (h) Project costs and the total amount of debt financing
  802  required, marketing projections, resident fees and charges, the
  803  competition, resident contract provisions, and other factors
  804  that which affect the feasibility of the facility.
  805         (i) Appropriate population projections, including morbidity
  806  and mortality assumptions.
  807         (j) The name of the person who prepared the feasibility
  808  study and the experience of such person in preparing similar
  809  studies or otherwise consulting in the field of continuing care.
  810  The preparer of the feasibility study may be the provider or a
  811  contracted third party.
  812         (k) Any other information that the applicant deems relevant
  813  and appropriate to enable the office to make a more informed
  814  determination.
  815         (5)(a) Within 30 days after receipt of an application for a
  816  provisional certificate of authority, the office shall examine
  817  the application and shall notify the applicant in writing,
  818  specifically setting forth and specifically requesting any
  819  additional information the office is permitted by law to
  820  require. If the application submitted is determined by the
  821  office to be substantially incomplete so as to require
  822  substantial additional information, including biographical
  823  information, the office may return the application to the
  824  applicant with a written notice that the application as received
  825  is substantially incomplete and, therefore, unacceptable for
  826  filing without further action required by the office. Any filing
  827  fee received shall be refunded to the applicant.
  828         (b) Within 15 days after receipt of all of the requested
  829  additional information, the office shall notify the applicant in
  830  writing that all of the requested information has been received
  831  and the application is deemed to be complete as of the date of
  832  the notice. Failure to so notify the applicant in writing within
  833  the 15-day period shall constitute acknowledgment by the office
  834  that it has received all requested additional information, and
  835  the application shall be deemed to be complete for purposes of
  836  review upon the date of the filing of all of the requested
  837  additional information.
  838         (6) Within 45 days after the date an application is deemed
  839  complete as set forth in paragraph (5)(b), the office shall
  840  complete its review and issue a provisional certificate of
  841  authority to the applicant based upon its review and a
  842  determination that the application meets all requirements of
  843  law, that the feasibility study was based on sufficient data and
  844  reasonable assumptions, and that the applicant will be able to
  845  provide continuing care or continuing care at-home as proposed
  846  and meet all financial and contractual obligations related to
  847  its operations, including the financial requirements of this
  848  chapter. If the office requests additional information and the
  849  applicant provides it within 5 business days after notification,
  850  the period for reviewing or approving the application may not be
  851  extended beyond the period specified in subsection (5). If the
  852  application is denied, the office shall notify the applicant in
  853  writing, citing the specific failures to meet the provisions of
  854  this chapter. Such denial entitles the applicant to a hearing
  855  pursuant to chapter 120.
  856         (8) The office may shall not approve any application that
  857  which includes in the plan of financing any encumbrance of the
  858  operating reserves or renewal and replacement reserves required
  859  by this chapter.
  860         Section 8. Subsections (1), (3), and (4), paragraph (b) of
  861  subsection (5), and subsections (6) through (9) of section
  862  651.023, Florida Statutes, are amended, and subsection (2) of
  863  that section is republished, to read:
  864         651.023 Certificate of authority; application.—
  865         (1) After issuance of a provisional certificate of
  866  authority, the office shall issue to the holder of such
  867  provisional certificate a certificate of authority if the holder
  868  of the provisional certificate provides the office with the
  869  following information:
  870         (a) Any material change in status with respect to the
  871  information required to be filed under s. 651.022(2) in the
  872  application for the provisional certificate.
  873         (b) A feasibility study prepared by an independent
  874  consultant which contains all of the information required by s.
  875  651.022(3) and financial forecasts or projections prepared in
  876  accordance with standards adopted by the American Institute of
  877  Certified Public Accountants or in accordance with standards for
  878  feasibility studies or continuing care retirement communities
  879  adopted by the Actuarial Standards Board.
  880         1. The study must also contain an independent evaluation
  881  and examination opinion, or a comparable opinion acceptable to
  882  the office, by the consultant who prepared the study, of the
  883  underlying assumptions used as a basis for the forecasts or
  884  projections in the study and that the assumptions are reasonable
  885  and proper and the project as proposed is feasible.
  886         1.2. The study must take into account project costs, actual
  887  marketing results to date and marketing projections, resident
  888  fees and charges, competition, resident contract provisions, and
  889  any other factors which affect the feasibility of operating the
  890  facility.
  891         2.3. If the study is prepared by an independent certified
  892  public accountant, it must contain an examination opinion or a
  893  compilation report acceptable to the office containing a
  894  financial forecast or projections for the first 5 3 years of
  895  operations which take into account an actuary’s mortality and
  896  morbidity assumptions as the study relates to turnover, rates,
  897  fees, and charges and financial projections having a compilation
  898  opinion for the next 3 years. If the study is prepared by an
  899  independent consulting actuary, it must contain mortality and
  900  morbidity assumptions as the study relates to turnover, rates,
  901  fees, and charges data and an actuary’s signed opinion that the
  902  project as proposed is feasible and that the study has been
  903  prepared in accordance with standards adopted by the American
  904  Academy of Actuaries.
  905         (c) Subject to subsection (4), a provider may submit an
  906  application for a certificate of authority and any required
  907  exhibits upon submission of documents evidencing proof that the
  908  project has a minimum of 30 percent of the units reserved for
  909  which the provider is charging an entrance fee. This does not
  910  apply to an application for a certificate of authority for the
  911  acquisition of a facility for which a certificate of authority
  912  was issued before October 1, 1983, to a provider who
  913  subsequently becomes a debtor in a case under the United States
  914  Bankruptcy Code, 11 U.S.C. ss. 101 et seq., or to a provider for
  915  which the department has been appointed receiver pursuant to
  916  part II of chapter 631.
  917         (d) Documents evidencing Proof that commitments have been
  918  secured for both construction financing and long-term financing
  919  or a documented plan acceptable to the office has been adopted
  920  by the applicant for long-term financing.
  921         (e) Documents evidencing Proof that all conditions of the
  922  lender have been satisfied to activate the commitment to
  923  disburse funds other than the obtaining of the certificate of
  924  authority, the completion of construction, or the closing of the
  925  purchase of realty or buildings for the facility.
  926         (f) Documents evidencing Proof that the aggregate amount of
  927  entrance fees received by or pledged to the applicant, plus
  928  anticipated proceeds from any long-term financing commitment,
  929  plus funds from all other sources in the actual possession of
  930  the applicant, equal at least 100 percent of the aggregate cost
  931  of constructing or purchasing, equipping, and furnishing the
  932  facility plus 100 percent of the anticipated startup losses of
  933  the facility.
  934         (g) A complete audited financial report statements of the
  935  applicant, prepared by an independent certified public
  936  accountant in accordance with generally accepted accounting
  937  principles, as of the date the applicant commenced business
  938  operations or for the fiscal year that ended immediately
  939  preceding the date of application, whichever is later, and
  940  complete unaudited quarterly financial statements attested to by
  941  the applicant after the date of the last audit.
  942         (h) Documents evidencing Proof that the applicant has
  943  complied with the escrow requirements of subsection (5) or
  944  subsection (7) and will be able to comply with s. 651.035.
  945         (i) Such other reasonable data, financial statements, and
  946  pertinent information as the commission or office may require
  947  with respect to the applicant or the facility, to determine the
  948  financial status of the facility and the management capabilities
  949  of its managers and owners.
  950  
  951  If any material change occurs in the facts set forth in an
  952  application filed with the office pursuant to this subsection,
  953  an amendment setting forth such change must be filed with the
  954  office within 10 business days after the applicant becomes aware
  955  of such change, and a copy of the amendment must be sent by
  956  registered mail to the principal office of the facility and to
  957  the principal office of the controlling company.
  958         (2) Within 30 days after receipt of the information
  959  required under subsection (1), the office shall examine such
  960  information and notify the provider in writing, specifically
  961  requesting any additional information the office is permitted by
  962  law to require. Within 15 days after receipt of all of the
  963  requested additional information, the office shall notify the
  964  provider in writing that all of the requested information has
  965  been received and the application is deemed to be complete as of
  966  the date of the notice. Failure to notify the applicant in
  967  writing within the 15-day period constitutes acknowledgment by
  968  the office that it has received all requested additional
  969  information, and the application shall be deemed complete for
  970  purposes of review on the date of filing all of the required
  971  additional information.
  972         (3) Within 45 days after an application is deemed complete
  973  as set forth in subsection (2), and upon completion of the
  974  remaining requirements of this section, the office shall
  975  complete its review and issue or deny a certificate of authority
  976  to the holder of a provisional certificate of authority. If a
  977  certificate of authority is denied, the office must notify the
  978  holder of the provisional certificate in writing, citing the
  979  specific failures to satisfy the provisions of this chapter. If
  980  the office requests additional information and the applicant
  981  provides it within 5 business days after notification, the
  982  period for reviewing or approving an application may not be
  983  extended beyond the period specified in subsection (2). If
  984  denied, the holder of the provisional certificate is entitled to
  985  an administrative hearing pursuant to chapter 120.
  986         (4) The office shall issue a certificate of authority upon
  987  determining that the applicant meets all requirements of law and
  988  has submitted all of the information required by this section,
  989  that all escrow requirements have been satisfied, and that the
  990  fees prescribed in s. 651.015(2) have been paid.
  991         (a) A Notwithstanding satisfaction of the 30-percent
  992  minimum reservation requirement of paragraph (1)(c), no
  993  certificate of authority may not shall be issued until
  994  documentation evidencing that the project has a minimum of 50
  995  percent of the units reserved for which the provider is charging
  996  an entrance fee, and proof is provided to the office. If a
  997  provider offering continuing care at-home is applying for a
  998  certificate of authority or approval of an expansion pursuant to
  999  s. 651.021(2), the same minimum reservation requirements must be
 1000  met for the continuing care and continuing care at-home
 1001  contracts, independently of each other.
 1002         (b) In order for a unit to be considered reserved under
 1003  this section, the provider must collect a minimum deposit of the
 1004  lesser of $40,000 or 10 percent of the then-current entrance fee
 1005  for that unit, and may assess a forfeiture penalty of 2 percent
 1006  of the entrance fee due to termination of the reservation
 1007  contract after 30 days for any reason other than the death or
 1008  serious illness of the resident, the failure of the provider to
 1009  meet its obligations under the reservation contract, or other
 1010  circumstances beyond the control of the resident that equitably
 1011  entitle the resident to a refund of the resident’s deposit. The
 1012  reservation contract must state the cancellation policy and the
 1013  terms of the continuing care or continuing care at-home contract
 1014  to be entered into.
 1015         (5) Up to 25 percent of the moneys paid for all or any part
 1016  of an initial entrance fee may be included or pledged for the
 1017  construction or purchase of the facility or as security for
 1018  long-term financing. The term “initial entrance fee” means the
 1019  total entrance fee charged by the facility to the first occupant
 1020  of a unit.
 1021         (b) For an expansion as provided in s. 651.0246 s.
 1022  651.021(2), a minimum of 75 percent of the moneys paid for all
 1023  or any part of an initial entrance fee collected for continuing
 1024  care and 50 percent of the moneys paid for all or any part of an
 1025  initial fee collected for continuing care at-home shall be
 1026  placed in an escrow account or on deposit with the department as
 1027  prescribed in s. 651.033.
 1028         (6) The provider is entitled to secure release of the
 1029  moneys held in escrow within 7 days after receipt by the office
 1030  of an affidavit from the provider, along with appropriate copies
 1031  to verify, and notification to the escrow agent by certified
 1032  mail, that the following conditions have been satisfied:
 1033         (a) A certificate of occupancy has been issued.
 1034         (b) Payment in full has been received for at least 70
 1035  percent of the total units of a phase or of the total of the
 1036  combined phases constructed. If a provider offering continuing
 1037  care at-home is applying for a release of escrowed entrance
 1038  fees, the same minimum requirement must be met for the
 1039  continuing care and continuing care at-home contracts,
 1040  independently of each other.
 1041         (c) The consultant who prepared the feasibility study
 1042  required by this section or a substitute approved by the office
 1043  certifies within 12 months before the date of filing for office
 1044  approval that there has been no material adverse change in
 1045  status with regard to the feasibility study. If a material
 1046  adverse change exists at the time of submission, sufficient
 1047  information acceptable to the office and the feasibility
 1048  consultant must be submitted which remedies the adverse
 1049  condition.
 1050         (c)(d)Documents evidencing Proof that commitments have
 1051  been secured or a documented plan adopted by the applicant has
 1052  been approved by the office for long-term financing.
 1053         (d)(e)Documents evidencing Proof that the provider has
 1054  sufficient funds to meet the requirements of s. 651.035, which
 1055  may include funds deposited in the initial entrance fee account.
 1056         (e)(f)Documents evidencing Proof as to the intended
 1057  application of the proceeds upon release and documentation proof
 1058  that the entrance fees when released will be applied as
 1059  represented to the office.
 1060         (f) If any material change occurred in the facts set forth
 1061  in the application filed with the office pursuant to subsection
 1062  (1), the applicant timely filed the amendment setting forth such
 1063  change with the office and sent copies of the amendment to the
 1064  principal office of the facility and to the principal office of
 1065  the controlling company as required under that subsection.
 1066  
 1067  Notwithstanding chapter 120, no person, other than the provider,
 1068  the escrow agent, and the office, may have a substantial
 1069  interest in any office decision regarding release of escrow
 1070  funds in any proceedings under chapter 120 or this chapter
 1071  regarding release of escrow funds.
 1072         (7) In lieu of the provider fulfilling the requirements in
 1073  subsection (5) and paragraphs (6)(b) and (c) (d), the office may
 1074  authorize the release of escrowed funds to retire all
 1075  outstanding debts on the facility and equipment upon application
 1076  of the provider and upon the provider’s showing that the
 1077  provider will grant to the residents a first mortgage on the
 1078  land, buildings, and equipment that constitute the facility, and
 1079  that the provider has satisfied paragraphs (6)(a), (c), and (d)
 1080  (e). Such mortgage shall secure the refund of the entrance fee
 1081  in the amount required by this chapter. The granting of such
 1082  mortgage is subject to the following:
 1083         (a) The first mortgage is granted to an independent trust
 1084  that is beneficially held by the residents. The document
 1085  creating the trust must include a provision that agrees to an
 1086  annual audit and will furnish to the office all information the
 1087  office may reasonably require. The mortgage may secure payment
 1088  on bonds issued to the residents or trustee. Such bonds are
 1089  redeemable after termination of the residency contract in the
 1090  amount and manner required by this chapter for the refund of an
 1091  entrance fee.
 1092         (b) Before granting a first mortgage to the residents, all
 1093  construction must be substantially completed and substantially
 1094  all equipment must be purchased. No part of the entrance fees
 1095  may be pledged as security for a construction loan or otherwise
 1096  used for construction expenses before the completion of
 1097  construction.
 1098         (c) If the provider is leasing the land or buildings used
 1099  by the facility, the leasehold interest must be for a term of at
 1100  least 30 years.
 1101         (8) The timeframes provided under s. 651.022(5) and (6)
 1102  apply to applications submitted under s. 651.021(2). The office
 1103  may not issue a certificate of authority to a facility that does
 1104  not have a component that is to be licensed pursuant to part II
 1105  of chapter 400 or to part I of chapter 429 or that does not
 1106  offer personal services or nursing services through written
 1107  contractual agreement. A written contractual agreement must be
 1108  disclosed in the contract for continuing care or continuing care
 1109  at-home and is subject to the provisions of s. 651.1151,
 1110  relating to administrative, vendor, and management contracts.
 1111         (9) The office may not approve an application that includes
 1112  in the plan of financing any encumbrance of the operating
 1113  reserves or renewal and replacement reserves required by this
 1114  chapter.
 1115         Section 9. Section 651.024, Florida Statutes, is amended to
 1116  read:
 1117         651.024 Acquisition.—
 1118         (1) A person who seeks to assume the role of general
 1119  partner of a provider or to otherwise assume ownership or
 1120  possession of, or control over, 10 percent or more of a
 1121  provider’s assets, based on the balance sheet from the most
 1122  recent financial audit report filed with the office, is issued a
 1123  certificate of authority to operate a continuing care facility
 1124  or a provisional certificate of authority shall be subject to
 1125  the provisions of s. 628.4615 and is not required to make
 1126  filings pursuant to s. 651.022, s. 651.023, or s. 651.0245.
 1127         (2) A person who seeks to acquire and become the provider
 1128  for a facility is subject to s. 651.0245 and is not required to
 1129  make filings pursuant to ss. 628.4615, 651.022, and 651.023.
 1130         (3) A person may rebut a presumption of control by filing a
 1131  disclaimer of control with the office on a form prescribed by
 1132  the commission. The disclaimer must fully disclose all material
 1133  relationships and bases for affiliation between the person and
 1134  the provider or facility, as well as the basis for disclaiming
 1135  the affiliation. In lieu of such form, a person or acquiring
 1136  party may file with the office a copy of a Schedule 13G filed
 1137  with the Securities and Exchange Commission pursuant to Rule
 1138  13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities
 1139  Exchange Act of 1934, as amended. After a disclaimer has been
 1140  filed, the provider or facility is relieved of any duty to
 1141  register or report under this section which may arise out of the
 1142  provider’s or facility’s relationship with the person, unless
 1143  the office disallows the disclaimer.
 1144         (4) In addition to the provider, the facility, or the
 1145  controlling company, the office has standing to petition a
 1146  circuit court as described in s. 628.4615(9).
 1147         Section 10. Section 651.0245, Florida Statutes, is created
 1148  to read:
 1149         651.0245 Application for the simultaneous acquisition of a
 1150  facility and issuance of a certificate of authority.—
 1151         (1) Except with the prior written approval of the office, a
 1152  person may not, individually or in conjunction with any
 1153  affiliated person of such person, directly or indirectly acquire
 1154  a facility operating under a subsisting certificate of authority
 1155  and engage in the business of providing continuing care.
 1156         (2) An applicant seeking simultaneous acquisition of a
 1157  facility and issuance of a certificate of authority must:
 1158         (a) Comply with the notice requirements of s.
 1159  628.4615(2)(a); and
 1160         (b) File an application in the form required by the office
 1161  and cooperate with the office’s review of the application.
 1162         (3) The commission shall adopt by rule application
 1163  requirements equivalent to those described in ss. 628.4615(4)
 1164  and (5), 651.022(2), and 651.023(1)(b). The office shall review
 1165  the application and issue an approval or disapproval of the
 1166  filing in accordance with ss. 628.4615(6)(a) and (c), (7)-(10),
 1167  and (14); and 651.023(1)(b).
 1168         (4)In addition to the facility, the provider, or the
 1169  controlling company, the office has standing to petition a
 1170  circuit court as described in s. 628.4615(9).
 1171         (5) A person may rebut a presumption of control by filing a
 1172  disclaimer of control with the office on a form prescribed by
 1173  the commission. The disclaimer must fully disclose all material
 1174  relationships and bases for affiliation between the person and
 1175  the provider or facility, as well as the basis for disclaiming
 1176  the affiliation. In lieu of such form, a person or acquiring
 1177  party may file with the office a copy of a Schedule 13G filed
 1178  with the Securities and Exchange Commission pursuant to Rule
 1179  13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities
 1180  Exchange Act of 1934, as amended. After a disclaimer has been
 1181  filed, the provider or facility is relieved of any duty to
 1182  register or report under this section which may arise out of the
 1183  provider’s or facility’s relationship with the person, unless
 1184  the office disallows the disclaimer.
 1185         (6) The commission may adopt rules as necessary to
 1186  administer this section.
 1187         Section 11. Section 651.0246, Florida Statutes, is created
 1188  to read:
 1189         651.0246 Expansions.—
 1190         (1)(a)A provider must obtain written approval from the
 1191  office before commencing construction or marketing for an
 1192  expansion of a certificated facility equivalent to the addition
 1193  of at least 20 percent of existing units or 20 percent or more
 1194  of the number of continuing care at-home contracts. If the
 1195  provider has exceeded the current statewide median for days cash
 1196  on hand, debt service coverage ratio, and total campus occupancy
 1197  for two consecutive annual reporting periods, the provider is
 1198  automatically granted approval to expand the total number of
 1199  existing units by up to 35 percent upon submitting a letter to
 1200  the office indicating the total number of planned units in the
 1201  expansion, the proposed sources and uses of funds, and an
 1202  attestation that the provider understands and pledges to comply
 1203  with all minimum liquid reserve and escrow account requirements.
 1204  As used in this section, the term “existing units” means the sum
 1205  of the total number of independent living units and assisted
 1206  living units identified in the most recent annual report filed
 1207  with the office pursuant to s. 651.026. For purposes of this
 1208  section, the statewide median for days cash on hand, debt
 1209  service coverage ratio, and total campus occupancy is the median
 1210  calculated in the most recent annual report submitted by the
 1211  office to the Continuing Care Advisory Council pursuant to s.
 1212  651.121(8). This section does not apply to construction for
 1213  which a certificate of need from the Agency for Health Care
 1214  Administration is required.
 1215         (b) The application for the approval of an addition
 1216  consisting of 20 percent or more of existing units or continuing
 1217  care at-home contracts must be on forms adopted by the
 1218  commission and provided by the office. The application must
 1219  include the feasibility study required by this section and such
 1220  other information as reasonably requested by the office. If the
 1221  expansion is only for continuing care at-home contracts, an
 1222  actuarial study prepared by an independent actuary in accordance
 1223  with standards adopted by the American Academy of Actuaries
 1224  which presents the financial impact of the expansion may be
 1225  substituted for the feasibility study.
 1226         (c) In determining whether an expansion should be approved,
 1227  the office shall consider:
 1228         1. Whether the application meets all requirements of law;
 1229         2. Whether the feasibility study was based on sufficient
 1230  data and reasonable assumptions; and
 1231         3.Whether the applicant will be able to provide continuing
 1232  care or continuing care at-home as proposed and meet all
 1233  financial obligations related to its operations, including the
 1234  financial requirements of this chapter.
 1235  
 1236  If the application is denied, the office must notify the
 1237  applicant in writing, citing the specific failures to meet the
 1238  provisions of this chapter. A denial entitles the applicant to a
 1239  hearing pursuant to chapter 120.
 1240         (2) A provider applying for expansion of a certificated
 1241  facility must submit all of the following:
 1242         (a) A feasibility study prepared by an independent
 1243  certified public accountant. The feasibility study must include
 1244  at least the following information:
 1245         1. A description of the facility and proposed expansion,
 1246  including the location, the size, the anticipated completion
 1247  date, and the proposed construction program.
 1248         2. An identification and evaluation of the primary and, if
 1249  applicable, secondary market areas of the facility and the
 1250  projected unit sales per month.
 1251         3. Projected revenues, including anticipated entrance fees;
 1252  monthly service fees; nursing care revenues, if applicable; and
 1253  all other sources of revenue.
 1254         4. Projected expenses, including for staffing requirements
 1255  and salaries; the cost of property, plant, and equipment,
 1256  including depreciation expense; interest expense; marketing
 1257  expense; and other operating expenses.
 1258         5. A projected balance sheet of the applicant.
 1259         6. The expectations for the financial condition of the
 1260  project, including the projected cash flow and an estimate of
 1261  the funds anticipated to be necessary to cover startup losses.
 1262         7. The inflation factor, if any, assumed in the study for
 1263  the proposed expansion and how and where it is applied.
 1264         8. Project costs; the total amount of debt financing
 1265  required; marketing projections; resident rates, fees, and
 1266  charges; the competition; resident contract provisions; and
 1267  other factors that affect the feasibility of the facility.
 1268         9.Appropriate population projections, including morbidity
 1269  and mortality assumptions.
 1270         10. The name of the person who prepared the feasibility
 1271  study and his or her experience in preparing similar studies or
 1272  otherwise consulting in the field of continuing care.
 1273         11. Financial forecasts or projections prepared in
 1274  accordance with standards adopted by the American Institute of
 1275  Certified Public Accountants or in accordance with standards for
 1276  feasibility studies for continuing care retirement communities
 1277  adopted by the Actuarial Standards Board.
 1278         12. An independent evaluation and examination opinion for
 1279  the first 5 years of operations, or a comparable opinion
 1280  acceptable to the office, by the consultant who prepared the
 1281  study, of the underlying assumptions used as a basis for the
 1282  forecasts or projections in the study and that the assumptions
 1283  are reasonable and proper and the project as proposed is
 1284  feasible.
 1285         13. Any other information that the provider deems relevant
 1286  and appropriate to provide to enable the office to make a more
 1287  informed determination.
 1288         (b) Such other reasonable data, financial statements, and
 1289  pertinent information as the commission or office may require
 1290  with respect to the applicant or the facility to determine the
 1291  financial status of the facility and the management capabilities
 1292  of its managers and owners.
 1293         (3) A minimum of 75 percent of the moneys paid for all or
 1294  any part of an initial entrance fee or reservation deposit
 1295  collected for units in the expansion and 50 percent of the
 1296  moneys paid for all or any part of an initial fee collected for
 1297  continuing care at-home contracts in the expansion must be
 1298  placed in an escrow account or on deposit with the department as
 1299  prescribed in s. 651.033. Up to 25 percent of the moneys paid
 1300  for all or any part of an initial entrance fee or reservation
 1301  deposit may be included or pledged for the construction or
 1302  purchase of the facility or as security for long-term financing.
 1303  As used in this section, the term “initial entrance fee” means
 1304  the total entrance fee charged by the facility to the first
 1305  occupant of a unit.
 1306         (4) The provider is entitled to secure release of the
 1307  moneys held in escrow within 7 days after receipt by the office
 1308  of an affidavit from the provider, along with appropriate copies
 1309  to verify, and notification to the escrow agent by certified
 1310  mail that the following conditions have been satisfied:
 1311         (a) A certificate of occupancy has been issued.
 1312         (b) Payment in full has been received for at least 50
 1313  percent of the total units of a phase or of the total of the
 1314  combined phases constructed. If a provider offering continuing
 1315  care at-home is applying for a release of escrowed entrance
 1316  fees, the same minimum requirement must be met for the
 1317  continuing care and continuing care at-home contracts
 1318  independently of each other.
 1319         (c) Documents evidencing that commitments have been secured
 1320  or that a documented plan adopted by the applicant has been
 1321  approved by the office for long-term financing.
 1322         (d) Documents evidencing that the provider has sufficient
 1323  funds to meet the requirements of s. 651.035, which may include
 1324  funds deposited in the initial entrance fee account.
 1325         (e) Documents evidencing the intended application of the
 1326  proceeds upon release and documentation that the entrance fees,
 1327  when released, will be applied as represented to the office.
 1328  
 1329  Notwithstanding chapter 120, only the provider, the escrow
 1330  agent, and the office have a substantial interest in any office
 1331  decision regarding release of escrow funds in any proceedings
 1332  under chapter 120 or this chapter.
 1333         (5)(a) Within 30 days after receipt of an application for
 1334  expansion, the office shall examine the application and shall
 1335  notify the applicant in writing, specifically requesting any
 1336  additional information that the office is authorized to require.
 1337  Within 15 days after the office receives all the requested
 1338  additional information, the office shall notify the applicant in
 1339  writing that the requested information has been received and
 1340  that the application is deemed complete as of the date of the
 1341  notice. If the office chooses not to notify the applicant within
 1342  the 15-day period, the application is deemed complete for
 1343  purposes of review on the date the applicant files the
 1344  additional requested information. If the application submitted
 1345  is determined by the office to be substantially incomplete so as
 1346  to require substantial additional information, including
 1347  biographical information, the office may return the application
 1348  to the applicant with a written notice stating that the
 1349  application as received is substantially incomplete and,
 1350  therefore, is unacceptable for filing without further action
 1351  required by the office. Any filing fee received must be refunded
 1352  to the applicant.
 1353         (b) An application is deemed complete upon the office
 1354  receiving all requested information and the applicant correcting
 1355  any error or omission of which the applicant was timely notified
 1356  or when the time for such notification has expired. The office
 1357  shall notify the applicant in writing of the date on which the
 1358  application was deemed complete.
 1359         (6) Within 45 days after the date on which an application
 1360  is deemed complete as provided in paragraph (5)(b), the office
 1361  shall complete its review and, based upon its review, approve an
 1362  expansion by the applicant and issue a determination that the
 1363  application meets all requirements of law, that the feasibility
 1364  study was based on sufficient data and reasonable assumptions,
 1365  and that the applicant will be able to provide continuing care
 1366  or continuing care at-home as proposed and meet all financial
 1367  and contractual obligations related to its operations, including
 1368  the financial requirements of this chapter. If the office
 1369  requests additional information and the applicant provides it
 1370  within 5 business days after notification, the period for
 1371  reviewing or approving an application may not be extended beyond
 1372  the period specified in paragraph (5)(a). If the application is
 1373  denied, the office must notify the applicant in writing, citing
 1374  the specific failures to meet the requirements of this chapter.
 1375  The denial entitles the applicant to a hearing pursuant to
 1376  chapter 120.
 1377         Section 12. Paragraphs (b) and (c) of subsection (2) and
 1378  subsection (3) of section 651.026, Florida Statutes, are
 1379  amended, subsection (10) is added to that section, and paragraph
 1380  (a) of subsection (2) of that section is republished, to read:
 1381         651.026 Annual reports.—
 1382         (2) The annual report shall be in such form as the
 1383  commission prescribes and shall contain at least the following:
 1384         (a) Any change in status with respect to the information
 1385  required to be filed under s. 651.022(2).
 1386         (b) A financial report statements audited by an independent
 1387  certified public accountant which must contain, for two or more
 1388  periods if the facility has been in existence that long, all of
 1389  the following:
 1390         1. An accountant’s opinion and, in accordance with
 1391  generally accepted accounting principles:
 1392         a. A balance sheet;
 1393         b. A statement of income and expenses;
 1394         c. A statement of equity or fund balances; and
 1395         d. A statement of changes in cash flows.
 1396         2. Notes to the financial report statements considered
 1397  customary or necessary for full disclosure or adequate
 1398  understanding of the financial report statements, financial
 1399  condition, and operation.
 1400         (c) The following financial information:
 1401         1. A detailed listing of the assets maintained in the
 1402  liquid reserve as required under s. 651.035 and in accordance
 1403  with part II of chapter 625;
 1404         2. A schedule giving additional information relating to
 1405  property, plant, and equipment having an original cost of at
 1406  least $25,000, so as to show in reasonable detail with respect
 1407  to each separate facility original costs, accumulated
 1408  depreciation, net book value, appraised value or insurable value
 1409  and date thereof, insurance coverage, encumbrances, and net
 1410  equity of appraised or insured value over encumbrances. Any
 1411  property not used in continuing care must be shown separately
 1412  from property used in continuing care;
 1413         3. The level of participation in Medicare or Medicaid
 1414  programs, or both;
 1415         4. A statement of all fees required of residents,
 1416  including, but not limited to, a statement of the entrance fee
 1417  charged, the monthly service charges, the proposed application
 1418  of the proceeds of the entrance fee by the provider, and the
 1419  plan by which the amount of the entrance fee is determined if
 1420  the entrance fee is not the same in all cases; and
 1421         5. Any change or increase in fees if the provider changes
 1422  the scope of, or the rates for, care or services, regardless of
 1423  whether the change involves the basic rate or only those
 1424  services available at additional costs to the resident;.
 1425         6. If the provider has more than one certificated facility,
 1426  or has operations that are not licensed under this chapter, it
 1427  shall submit a balance sheet, statement of income and expenses,
 1428  statement of equity or fund balances, and statement of cash
 1429  flows for each facility licensed under this chapter as
 1430  supplemental information to the audited financial report
 1431  statements required under paragraph (b); and.
 1432         7. The management’s calculation of the provider’s debt
 1433  service coverage ratio, occupancy, and days cash on hand for the
 1434  current reporting period.
 1435         (3) The commission shall adopt by rule additional
 1436  meaningful measures of assessing the financial viability of a
 1437  provider. The rule may include the following factors:
 1438         (a) Debt service coverage ratios.
 1439         (b) Current ratios.
 1440         (c) Adjusted current ratios.
 1441         (d) Cash flows.
 1442         (e) Occupancy rates.
 1443         (f) Other measures, ratios, or trends.
 1444         (g) Other factors as may be appropriate.
 1445         (10) Within 90 days after the conclusion of each annual
 1446  reporting period, the office shall publish an industry
 1447  benchmarking report that contains all of the following:
 1448         (a) The median days cash on hand for all providers.
 1449         (b) The median debt service coverage ratio for all
 1450  providers.
 1451         (c) The median occupancy rate for all providers by setting,
 1452  including independent living, assisted living, skilled nursing,
 1453  and the entire campus.
 1454         Section 13. Section 651.0261, Florida Statutes, is amended
 1455  to read:
 1456         651.0261 Quarterly and monthly statements.—
 1457         (1) Within 45 days after the end of each fiscal quarter,
 1458  each provider shall file a quarterly unaudited financial
 1459  statement of the provider or of the facility in the form
 1460  prescribed by commission rule and days cash on hand, occupancy,
 1461  debt service coverage ratio, and a detailed listing of the
 1462  assets maintained in the liquid reserve as required under s.
 1463  651.035. This requirement may be waived by the office upon
 1464  written request from a provider that is accredited without
 1465  conditions or stipulations or that has obtained an investment
 1466  grade credit rating from a United States credit rating agency as
 1467  authorized under s. 651.028. The last quarterly statement for a
 1468  fiscal year is not required if a provider does not have pending
 1469  a regulatory action level event or a corrective action plan.
 1470         (2) If the office finds, pursuant to rules of the
 1471  commission, that such information is needed to properly monitor
 1472  the financial condition of a provider or facility or is
 1473  otherwise needed to protect the public interest, the office may
 1474  require the provider to file:
 1475         (a) Within 25 days after the end of each month, a monthly
 1476  unaudited financial statement of the provider or of the facility
 1477  in the form prescribed by the commission by rule and a detailed
 1478  listing of the assets maintained in the liquid reserve as
 1479  required under s. 651.035, within 45 days after the end of each
 1480  fiscal quarter, a quarterly unaudited financial statement of the
 1481  provider or of the facility in the form prescribed by the
 1482  commission by rule. The commission may by rule require all or
 1483  part of the statements or filings required under this section to
 1484  be submitted by electronic means in a computer-readable form
 1485  compatible with the electronic data format specified by the
 1486  commission.
 1487         (b) Such other data, financial statements, and pertinent
 1488  information as the commission or office may reasonably require
 1489  with respect to the provider or the facility, its directors or
 1490  trustees, or, with respect to any parent, subsidiary, or
 1491  affiliate, if the provider or facility relies on a contractual
 1492  or financial relationship with such parent, subsidiary, or
 1493  affiliate in order to meet the financial requirements of this
 1494  chapter, to determine the financial status of the provider or of
 1495  the facility and the management capabilities of its managers and
 1496  owners.
 1497         (3) A filing under subsection (2) may be required if any of
 1498  the following applies:
 1499         (a) The provider is:
 1500         1. Subject to administrative supervision proceedings;
 1501         2. Subject to a corrective action plan resulting from a
 1502  regulatory action level event for up to 2 years after the
 1503  factors that caused the regulatory action level event have been
 1504  corrected; or
 1505         3. Subject to delinquency or receivership proceedings or
 1506  has filed for bankruptcy.
 1507         (b) The provider or facility displays a declining financial
 1508  position.
 1509         (c)A change of ownership of the provider or facility has
 1510  occurred within the previous 2 years.
 1511         (d)The facility is found to be impaired.
 1512         (4) The commission may by rule require all or part of the
 1513  statements or filings required under this section to be
 1514  submitted by electronic means in a computer-readable format
 1515  compatible with an electronic data format specified by the
 1516  commission.
 1517         Section 14. Section 651.028, Florida Statutes, is amended
 1518  to read:
 1519         651.028 Accredited or certain credit-rated facilities.—If a
 1520  provider or obligated group is accredited without stipulations
 1521  or conditions by a process found by the office to be acceptable
 1522  and substantially equivalent to the provisions of this chapter
 1523  or has obtained an investment grade credit rating from a
 1524  nationally recognized credit rating agency, as applicable, from
 1525  Moody’s Investors Service, Standard & Poor’s, or Fitch Ratings,
 1526  the office may, pursuant to rule of the commission, waive the
 1527  quarterly filing any requirements under s. 651.0261 of this
 1528  chapter with respect to the provider if the office finds that
 1529  such waivers are not inconsistent with the security protections
 1530  intended by this chapter. A provider or obligated group that is
 1531  accredited without stipulations or conditions or that has
 1532  obtained such an investment grade credit rating shall provide
 1533  documentation substantiating such accreditation or investment
 1534  grade rating in its request for the waiver. If the office grants
 1535  a waiver to the provider or obligated group, the provider or
 1536  obligated group must notify the office of any changes in the
 1537  accreditation or investment grade rating.
 1538         Section 15. Subsections (1), (2), (3), and (5) of section
 1539  651.033, Florida Statutes, are amended, and subsection (6) is
 1540  added to that section, to read:
 1541         651.033 Escrow accounts.—
 1542         (1) When funds are required to be deposited in an escrow
 1543  account pursuant to s. 651.0215, s. 651.022, s. 651.023, s.
 1544  651.0246, s. 651.035, or s. 651.055:
 1545         (a) The escrow account must shall be established in a
 1546  Florida bank, Florida savings and loan association, or Florida
 1547  trust company, or a national bank that is chartered and
 1548  supervised by the Office of the Comptroller of the Currency
 1549  within the United States Department of the Treasury and that has
 1550  either a branch or a license to operate in this state, which is
 1551  acceptable to the office, or such funds must be deposited on
 1552  deposit with the department; and the funds deposited therein
 1553  shall be kept and maintained in an account separate and apart
 1554  from the provider’s business accounts.
 1555         (b) An escrow agreement shall be entered into between the
 1556  bank, savings and loan association, or trust company and the
 1557  provider of the facility; the agreement shall state that its
 1558  purpose is to protect the resident or the prospective resident;
 1559  and, upon presentation of evidence of compliance with applicable
 1560  portions of this chapter, or upon order of a court of competent
 1561  jurisdiction, the escrow agent shall release and pay over the
 1562  funds, or portions thereof, together with any interest accrued
 1563  thereon or earned from investment of the funds, to the provider
 1564  or resident as directed.
 1565         (c) Any agreement establishing an escrow account required
 1566  under the provisions of this chapter is shall be subject to
 1567  approval by the office. The agreement must shall be in writing
 1568  and shall contain, in addition to any other provisions required
 1569  by law, a provision whereby the escrow agent agrees to abide by
 1570  the duties imposed by paragraphs (b) and (e), (3)(a), (3)(b),
 1571  and (5)(a) and subsection (6) under this section.
 1572         (d) All funds deposited in an escrow account, if invested,
 1573  shall be invested as set forth in part II of chapter 625;
 1574  however, such investment may not diminish the funds held in
 1575  escrow below the amount required by this chapter. Funds
 1576  deposited in an escrow account are not subject to charges by the
 1577  escrow agent except escrow agent fees associated with
 1578  administering the accounts, or subject to any liens, judgments,
 1579  garnishments, creditor’s claims, or other encumbrances against
 1580  the provider or facility except as provided in s. 651.035(1).
 1581         (e) At the request of either the provider or the office,
 1582  the escrow agent shall issue a statement indicating the status
 1583  of the escrow account.
 1584         (2) Notwithstanding s. 651.035(7), In addition, the escrow
 1585  agreement shall provide that the escrow agent or another person
 1586  designated to act in the escrow agent’s place and the provider,
 1587  except as otherwise provided in s. 651.035, shall notify the
 1588  office in writing at least 10 days before the withdrawal of any
 1589  portion of any funds required to be escrowed under the
 1590  provisions of s. 651.035. However, in the event of an emergency
 1591  and upon petition by the provider, the office may waive the 10
 1592  day notification period and allow a withdrawal of up to 10
 1593  percent of the required minimum liquid reserve. The office shall
 1594  have 3 working days to deny the petition for the emergency 10
 1595  percent withdrawal. If the office fails to deny the petition
 1596  within 3 working days, the petition is shall be deemed to have
 1597  been granted by the office. For purposes the purpose of this
 1598  section, the term “working day” means each day that is not a
 1599  Saturday, Sunday, or legal holiday as defined by Florida law.
 1600  Also, for purposes the purpose of this section, the day the
 1601  petition is received by the office is shall not be counted as
 1602  one of the 3 days.
 1603         (3) In addition, When entrance fees are required to be
 1604  deposited in an escrow account pursuant to s. 651.0215, s.
 1605  651.022, s. 651.023, s. 651.0246, or s. 651.055:
 1606         (a) The provider shall deliver to the resident a written
 1607  receipt. The receipt must show the payor’s name and address, the
 1608  date, the price of the care contract, and the amount of money
 1609  paid. A copy of each receipt, together with the funds, must
 1610  shall be deposited with the escrow agent or as provided in
 1611  paragraph (c). The escrow agent must shall release such funds to
 1612  the provider 7 days after the date of receipt of the funds by
 1613  the escrow agent if the provider, operating under a certificate
 1614  of authority issued by the office, has met the requirements of
 1615  s. 651.0215(8), s. 651.023(6), or s. 651.0246. However, if the
 1616  resident rescinds the contract within the 7-day period, the
 1617  escrow agent must shall release the escrowed fees to the
 1618  resident.
 1619         (b) At the request of an individual resident of a facility,
 1620  the escrow agent shall issue a statement indicating the status
 1621  of the resident’s portion of the escrow account.
 1622         (c) At the request of an individual resident of a facility,
 1623  the provider may hold the check for the 7-day period and may
 1624  shall not deposit it during this time period. If the resident
 1625  rescinds the contract within the 7-day period, the check must
 1626  shall be immediately returned to the resident. Upon the
 1627  expiration of the 7 days, the provider shall deposit the check.
 1628         (d) A provider may assess a nonrefundable fee, which is
 1629  separate from the entrance fee, for processing a prospective
 1630  resident’s application for continuing care or continuing care
 1631  at-home.
 1632         (5) When funds are required to be deposited in an escrow
 1633  account pursuant to s. 651.0215, s. 651.022, s. 651.023, s.
 1634  651.0246, or s. 651.035, the following shall apply:
 1635         (a) The escrow agreement must shall require that the escrow
 1636  agent furnish the provider with a quarterly statement indicating
 1637  the amount of any disbursements from or deposits to the escrow
 1638  account and the condition of the account during the period
 1639  covered by the statement. The agreement must shall require that
 1640  the statement be furnished to the provider by the escrow agent
 1641  on or before the 10th day of the month following the end of the
 1642  quarter for which the statement is due. If the escrow agent does
 1643  not provide the quarterly statement to the provider on or before
 1644  the 10th day of the month following the month for which the
 1645  statement is due, the office may, in its discretion, levy
 1646  against the escrow agent a fine not to exceed $25 a day for each
 1647  day of noncompliance with the provisions of this subsection.
 1648         (b) If the escrow agent does not provide the quarterly
 1649  statement to the provider on or before the 10th day of the month
 1650  following the quarter for which the statement is due, the
 1651  provider shall, on or before the 15th day of the month following
 1652  the quarter for which the statement is due, send a written
 1653  request for the statement to the escrow agent by certified mail
 1654  return receipt requested.
 1655         (c) On or before the 20th day of the month following the
 1656  quarter for which the statement is due, the provider shall file
 1657  with the office a copy of the escrow agent’s statement or, if
 1658  the provider has not received the escrow agent’s statement, a
 1659  copy of the written request to the escrow agent for the
 1660  statement.
 1661         (d) The office may, in its discretion, in addition to any
 1662  other penalty that may be provided for under this chapter, levy
 1663  a fine against the provider not to exceed $25 a day for each day
 1664  the provider fails to comply with the provisions of this
 1665  subsection.
 1666         (e) Funds held on deposit with the department are exempt
 1667  from the reporting requirements of this subsection.
 1668         (6) Except as described in paragraph (3)(a), the escrow
 1669  agent may not release or otherwise allow the transfer of funds
 1670  without the written approval of the office, unless the
 1671  withdrawal is from funds in excess of the amounts required by
 1672  ss. 651.0215, 651.022, 651.023, 651.0246, 651.035, and 651.055.
 1673         Section 16. Section 651.034, Florida Statutes, is created
 1674  to read:
 1675         651.034 Financial and operating requirements for
 1676  providers.—
 1677         (1)(a) If a regulatory action level event occurs, the
 1678  office must:
 1679         1. Require the provider to prepare and submit a corrective
 1680  action plan or, if applicable, a revised corrective action plan;
 1681         2. Perform an examination pursuant to s. 651.105 or an
 1682  analysis, as the office considers necessary, of the assets,
 1683  liabilities, and operations of the provider, including a review
 1684  of the corrective action plan or the revised corrective action
 1685  plan; and
 1686         3. After the examination or analysis, issue a corrective
 1687  order, if necessary, specifying any corrective actions that the
 1688  office determines are required.
 1689         (b) In determining corrective actions, the office shall
 1690  consider any factor relevant to the provider based upon the
 1691  office’s examination or analysis of the assets, liabilities, and
 1692  operations of the provider. The provider must submit the
 1693  corrective action plan or the revised corrective action plan
 1694  within 30 days after the occurrence of the regulatory action
 1695  level event. The office shall review and approve or disapprove
 1696  the corrective action plan within 15 business days.
 1697         (c) The office may use members of the Continuing Care
 1698  Advisory Council, individually or as a group, or may retain
 1699  actuaries, investment experts, and other consultants to review a
 1700  provider’s corrective action plan or revised corrective action
 1701  plan, examine or analyze the assets, liabilities, and operations
 1702  of a provider, and formulate the corrective order with respect
 1703  to the provider. The fees, costs, and expenses relating to
 1704  consultants must be borne by the affected provider.
 1705         (2) If an impairment occurs and except when s.
 1706  651.114(11)(a) applies, the office must take action necessary to
 1707  place the provider under regulatory control, including any
 1708  remedy available under part I of chapter 631. An impairment is
 1709  sufficient grounds for the department to be appointed as
 1710  receiver as provided in chapter 631. Except when s.
 1711  651.114(11)(a) is applicable, the department may appoint a
 1712  receiver. If s. 651.114(11)(a) applies, the provider must make
 1713  available to the office copies of any corrective action plan
 1714  approved by the third-party lender or trustee to cure the
 1715  impairment and any related required report. Notwithstanding s.
 1716  631.011, impairment of a provider, for purposes of s. 631.051,
 1717  is defined according to the term “impaired” under s. 651.011.
 1718  The office may forego taking action for up to 180 days after the
 1719  impairment if the office finds there is a reasonable expectation
 1720  that the impairment may be eliminated within the 180-day period.
 1721         (3) There is no liability on the part of, and a cause of
 1722  action may not arise against, the commission, department, or
 1723  office, or their employees or agents, for any action they take
 1724  in the performance of their powers and duties under this
 1725  section.
 1726         (4) The office shall transmit any notice that may result in
 1727  regulatory action by registered mail, certified mail, or any
 1728  other method of transmission which includes documentation of
 1729  receipt by the provider. Notice is effective when the provider
 1730  receives it.
 1731         (5) This section is supplemental to the other laws of this
 1732  state and does not preclude or limit any power or duty of the
 1733  department or office under those laws or under the rules adopted
 1734  pursuant to those laws.
 1735         (6) The office may exempt a provider from subsection (1) or
 1736  subsection (2) until stabilized occupancy is reached or until
 1737  the time projected to achieve stabilized occupancy as reported
 1738  in the last feasibility study required by the office as part of
 1739  an application filing under s. 651.0215, s. 651.023, s. 651.024,
 1740  or s. 651.0246 has elapsed, but for no longer than 5 years after
 1741  the date of issuance of the certificate of occupancy.
 1742         (7) The commission may adopt rules to administer this
 1743  section, including, but not limited to, rules regarding
 1744  corrective action plans, revised corrective action plans,
 1745  corrective orders, and procedures to be followed in the event of
 1746  a regulatory action level event or an impairment.
 1747         Section 17. Paragraphs (a), (b), and (c) of subsection (1)
 1748  of section 651.035, Florida Statutes, are amended, and
 1749  subsections (7) through (10) are added to that section, to read:
 1750         651.035 Minimum liquid reserve requirements.—
 1751         (1) A provider shall maintain in escrow a minimum liquid
 1752  reserve consisting of the following reserves, as applicable:
 1753         (a) Each provider shall maintain in escrow as a debt
 1754  service reserve the aggregate amount of all principal and
 1755  interest payments due during the fiscal year on any mortgage
 1756  loan or other long-term financing of the facility, including
 1757  property taxes as recorded in the audited financial report
 1758  statements required under s. 651.026. The amount must include
 1759  any leasehold payments and all costs related to such payments.
 1760  If principal payments are not due during the fiscal year, the
 1761  provider must shall maintain in escrow as a minimum liquid
 1762  reserve an amount equal to interest payments due during the next
 1763  12 months on any mortgage loan or other long-term financing of
 1764  the facility, including property taxes. If a provider does not
 1765  have a mortgage loan or other financing on the facility, the
 1766  provider must deposit monthly in escrow as a minimum liquid
 1767  reserve an amount equal to one-twelfth of the annual property
 1768  tax liability as indicated in the most recent tax notice
 1769  provided pursuant to s. 197.322(3), and must annually pay
 1770  property taxes out of such escrow.
 1771         (b) A provider that has outstanding indebtedness that
 1772  requires a debt service reserve to be held in escrow pursuant to
 1773  a trust indenture or mortgage lien on the facility and for which
 1774  the debt service reserve may only be used to pay principal and
 1775  interest payments on the debt that the debtor is obligated to
 1776  pay, and which may include property taxes and insurance, may
 1777  include such debt service reserve in computing the minimum
 1778  liquid reserve needed to satisfy this subsection if the provider
 1779  furnishes to the office a copy of the agreement under which such
 1780  debt service is held, together with a statement of the amount
 1781  being held in escrow for the debt service reserve, certified by
 1782  the lender or trustee and the provider to be correct. The
 1783  trustee shall provide the office with any information concerning
 1784  the debt service reserve account upon request of the provider or
 1785  the office. Any such separate debt service reserves are not
 1786  subject to the transfer provisions set forth in subsection (8).
 1787         (c) Each provider shall maintain in escrow an operating
 1788  reserve equal to 30 percent of the total operating expenses
 1789  projected in the feasibility study required by s. 651.023 for
 1790  the first 12 months of operation. Thereafter, each provider
 1791  shall maintain in escrow an operating reserve equal to 15
 1792  percent of the total operating expenses in the annual report
 1793  filed pursuant to s. 651.026. If a provider has been in
 1794  operation for more than 12 months, the total annual operating
 1795  expenses must shall be determined by averaging the total annual
 1796  operating expenses reported to the office by the number of
 1797  annual reports filed with the office within the preceding 3-year
 1798  period subject to adjustment if there is a change in the number
 1799  of facilities owned. For purposes of this subsection, total
 1800  annual operating expenses include all expenses of the facility
 1801  except: depreciation and amortization; interest and property
 1802  taxes included in paragraph (a); extraordinary expenses that are
 1803  adequately explained and documented in accordance with generally
 1804  accepted accounting principles; liability insurance premiums in
 1805  excess of those paid in calendar year 1999; and changes in the
 1806  obligation to provide future services to current residents. For
 1807  providers initially licensed during or after calendar year 1999,
 1808  liability insurance must shall be included in the total
 1809  operating expenses in an amount not to exceed the premium paid
 1810  during the first 12 months of facility operation. Beginning
 1811  January 1, 1993, The operating reserves required under this
 1812  subsection must shall be in an unencumbered account held in
 1813  escrow for the benefit of the residents. Such funds may not be
 1814  encumbered or subject to any liens or charges by the escrow
 1815  agent or judgments, garnishments, or creditors’ claims against
 1816  the provider or facility. However, if a facility had a lien,
 1817  mortgage, trust indenture, or similar debt instrument in place
 1818  before January 1, 1993, which encumbered all or any part of the
 1819  reserves required by this subsection and such funds were used to
 1820  meet the requirements of this subsection, then such arrangement
 1821  may be continued, unless a refinancing or acquisition has
 1822  occurred, and the provider is shall be in compliance with this
 1823  subsection.
 1824         (7)(a) A provider may withdraw funds held in escrow without
 1825  the approval of the office if the amount held in escrow exceeds
 1826  the requirements of this section and if the withdrawal will not
 1827  affect compliance with this section.
 1828         (b)1. For all other proposed withdrawals, in order to
 1829  receive the consent of the office, the provider must file
 1830  documentation showing why the withdrawal is necessary for the
 1831  continued operation of the facility and such additional
 1832  information as the office reasonably requires.
 1833         2. The office shall notify the provider when the filing is
 1834  deemed complete. If the provider has complied with all prior
 1835  requests for information, the filing is deemed complete after 30
 1836  days without communication from the office.
 1837         3. Within 30 days after the date a file is deemed complete,
 1838  the office shall provide the provider with written notice of its
 1839  approval or disapproval of the request. The office may
 1840  disapprove any request to withdraw such funds if it determines
 1841  that the withdrawal is not in the best interest of the
 1842  residents.
 1843         (8) The office may order the immediate transfer of up to
 1844  100 percent of the funds held in the minimum liquid reserve to
 1845  the custody of the department pursuant to part III of chapter
 1846  625 if the office finds that the provider is impaired or
 1847  insolvent. The office may order such a transfer regardless of
 1848  whether the office has suspended or revoked, or intends to
 1849  suspend or revoke, the certificate of authority of the provider.
 1850         (9)Each facility shall file with the office annually,
 1851  together with the annual report required by s. 651.026, a
 1852  calculation of its minimum liquid reserve determined in
 1853  accordance with this section on a form prescribed by the
 1854  commission.
 1855         (10)If the balance of the minimum liquid reserve is below
 1856  the required amount, the provider must be deemed out of
 1857  compliance with this section.
 1858         Section 18. Effective July 1, 2019, section 651.043,
 1859  Florida Statutes, is created to read:
 1860         651.043 Approval of change in management.—
 1861         (1) A contract with a management company entered into after
 1862  July 1, 2019, must be in writing and include a provision that
 1863  the contract will be canceled upon issuance of an order by the
 1864  office pursuant to this section and without the application of a
 1865  cancellation fee or penalty. If a provider contracts with a
 1866  management company, a separate written contract is not required
 1867  for the individual manager employed by the management company to
 1868  oversee a facility. If a management company voluntarily executes
 1869  a contract with a manager or contractor, the contract is not
 1870  required to be submitted to the office unless requested by the
 1871  office.
 1872         (2) A provider shall notify the office, in writing or
 1873  electronically, of any change in management within 10 business
 1874  days. For each new management company or manager not employed by
 1875  a management company, the provider shall submit to the office
 1876  the information required by s. 651.022(2) and a copy of the
 1877  written management contract, if applicable.
 1878         (3) For a provider that is found to be impaired or that has
 1879  a regulatory action level event pending, the office may
 1880  disapprove new management and order the provider to remove the
 1881  new management after reviewing the information required under
 1882  subsection (2).
 1883         (4)For a provider other than that specified in subsection
 1884  (3), the office may disapprove new management and order the
 1885  provider to remove the new management after receiving the
 1886  required information under subsection (2), if the office:
 1887         (a) Finds that the new management is incompetent or
 1888  untrustworthy;
 1889         (b) Finds that the new management is so lacking in
 1890  managerial experience as to make the proposed operation
 1891  hazardous to the residents or potential residents;
 1892         (c) Finds that the new management is so lacking in
 1893  experience, ability, and standing as to jeopardize the
 1894  reasonable promise of successful operation; or
 1895         (d) Has good reason to believe that the new management is
 1896  affiliated directly or indirectly through ownership, control, or
 1897  business relations with any person or persons whose business
 1898  operations are or have been marked by manipulation of assets or
 1899  accounts or by bad faith, to the detriment of residents,
 1900  stockholders, investors, creditors, or the public.
 1901  
 1902  The office shall complete its review as required under
 1903  subsections (3) and (4) and, if applicable, issue notice of
 1904  disapproval of the new management within 15 business days after
 1905  the filing is deemed complete. A filing is deemed complete upon
 1906  the office’s receipt of all requested information and the
 1907  provider’s correction of any error or omission for which the
 1908  provider was timely notified. If the office does not issue
 1909  notice of disapproval of the new management within 15 business
 1910  days after the filing is deemed complete, the new management is
 1911  deemed approved.
 1912         (5) Management disapproved by the office must be removed
 1913  within 30 days after receipt by the provider of notice of such
 1914  disapproval.
 1915         (6) The office may revoke, suspend, or take other
 1916  administrative action against the certificate of authority of
 1917  the provider if the provider:
 1918         (a) Fails to timely remove management disapproved by the
 1919  office;
 1920         (b) Fails to timely notify the office of a change in
 1921  management;
 1922         (c) Appoints new management without a written contract when
 1923  a written contract is required under this section; or
 1924         (d) Repeatedly appoints management that was previously
 1925  disapproved by the office or that is not approvable under
 1926  subsection (4).
 1927         (7) The provider shall remove any management immediately
 1928  upon discovery of either of the following conditions, if the
 1929  conditions were not disclosed in the notice to the office
 1930  required under subsection (2):
 1931         (a) That a manager has been found guilty of, or has pled
 1932  guilty or no contest to, a felony charge, or has been held
 1933  liable or has been enjoined in a civil action by final judgment,
 1934  if the felony or civil action involved fraud, embezzlement,
 1935  fraudulent conversion, or misappropriation of property.
 1936         (b) That a manager is now, or was in the past, affiliated,
 1937  directly or indirectly, through ownership interest of 10 percent
 1938  or more in, or control of, any business, corporation, or other
 1939  entity that has been found guilty of or has pled guilty or no
 1940  contest to a felony charge, or has been held liable or has been
 1941  enjoined in a civil action by final judgment, if the felony or
 1942  civil action involved fraud, embezzlement, fraudulent
 1943  conversion, or misappropriation of property.
 1944  
 1945  The failure to remove such management is grounds for revocation
 1946  or suspension of the provider’s certificate of authority.
 1947         Section 19. Section 651.051, Florida Statutes, is amended
 1948  to read:
 1949         651.051 Maintenance of assets and records in state.—All
 1950  records and assets of a provider must be maintained or readily
 1951  accessible in this state or, if the provider’s corporate office
 1952  is located in another state, such records must be electronically
 1953  stored in a manner that will ensure that the records are readily
 1954  accessible to the office. No records or assets may be removed
 1955  from this state by a provider unless the office consents to such
 1956  removal in writing before such removal. Such consent must shall
 1957  be based upon the provider’s submitting satisfactory evidence
 1958  that the removal will facilitate and make more economical the
 1959  operations of the provider and will not diminish the service or
 1960  protection thereafter to be given the provider’s residents in
 1961  this state. Before Prior to such removal, the provider shall
 1962  give notice to the president or chair of the facility’s
 1963  residents’ council. If such removal is part of a cash management
 1964  system which has been approved by the office, disclosure of the
 1965  system must shall meet the notification requirements. The
 1966  electronic storage of records on a web-based, secured storage
 1967  platform by contract with a third party is acceptable if the
 1968  records are readily accessible to the office.
 1969         Section 20. Subsection (3) of section 651.055, Florida
 1970  Statutes, is amended to read:
 1971         651.055 Continuing care contracts; right to rescind.—
 1972         (3) The contract must include or be accompanied by a
 1973  statement, printed in boldfaced type, which reads: “This
 1974  facility and all other continuing care facilities (also known as
 1975  life plan communities) in the State of Florida are regulated by
 1976  chapter 651, Florida Statutes. A copy of the law is on file in
 1977  this facility. The law gives you or your legal representative
 1978  the right to inspect our most recent financial statement and
 1979  inspection report before signing the contract.”
 1980         Section 21. Subsection (2) of section 651.057, Florida
 1981  Statutes, is amended to read:
 1982         651.057 Continuing care at-home contracts.—
 1983         (2) A provider that holds a certificate of authority and
 1984  wishes to offer continuing care at-home must also:
 1985         (a) Submit a business plan to the office with the following
 1986  information:
 1987         1. A description of the continuing care at-home services
 1988  that will be provided, the market to be served, and the fees to
 1989  be charged;
 1990         2. A copy of the proposed continuing care at-home contract;
 1991         3. An actuarial study prepared by an independent actuary in
 1992  accordance with the standards adopted by the American Academy of
 1993  Actuaries which presents the impact of providing continuing care
 1994  at-home on the overall operation of the facility; and
 1995         4. A market feasibility study that meets the requirements
 1996  of s. 651.022(3) and documents that there is sufficient interest
 1997  in continuing care at-home contracts to support such a program;
 1998         (b) Demonstrate to the office that the proposal to offer
 1999  continuing care at-home contracts to individuals who do not
 2000  immediately move into the facility will not place the provider
 2001  in an unsound financial condition;
 2002         (c) Comply with the requirements of s. 651.0246(1) s.
 2003  651.021(2), except that an actuarial study may be substituted
 2004  for the feasibility study; and
 2005         (d) Comply with the requirements of this chapter.
 2006         Section 22. Subsection (1) of section 651.071, Florida
 2007  Statutes, is amended to read:
 2008         651.071 Contracts as preferred claims on liquidation or
 2009  receivership.—
 2010         (1) In the event of receivership or liquidation proceedings
 2011  against a provider, all continuing care and continuing care at
 2012  home contracts executed by a provider are shall be deemed
 2013  preferred claims or policyholder loss preferred claims pursuant
 2014  to s. 631.271(1)(b) against all assets owned by the provider;
 2015  however, such claims are subordinate to any secured claim.
 2016         Section 23. Subsection (2) and present paragraph (g) of
 2017  subsection (3) of section 651.091, Florida Statutes, are
 2018  amended, and a new paragraph (i) and paragraphs (j), (k), and
 2019  (l) are added to that subsection, and paragraph (d) of
 2020  subsection (3) and subsection (4) of that section are
 2021  republished, to read:
 2022         651.091 Availability, distribution, and posting of reports
 2023  and records; requirement of full disclosure.—
 2024         (2) Every continuing care facility shall:
 2025         (a) Display the certificate of authority in a conspicuous
 2026  place inside the facility.
 2027         (b) Post in a prominent position in the facility which is
 2028  accessible to all residents and the general public a concise
 2029  summary of the last examination report issued by the office,
 2030  with references to the page numbers of the full report noting
 2031  any deficiencies found by the office, and the actions taken by
 2032  the provider to rectify such deficiencies, indicating in such
 2033  summary where the full report may be inspected in the facility.
 2034         (c)Post in a prominent position in the facility,
 2035  accessible to all residents and the general public, a notice
 2036  containing the contact information for the office and the
 2037  Division of Consumer Services of the department and stating that
 2038  the division or office may be contacted for the submission of
 2039  inquiries and complaints with respect to potential violations of
 2040  this chapter committed by a provider. Such contact information
 2041  must include the division’s website and the toll-free consumer
 2042  helpline and the office’s website and telephone number.
 2043         (d) Provide notice to the president or chair of the
 2044  residents’ council within 10 business days after issuance of a
 2045  final examination report or the initiation of any legal or
 2046  administrative proceeding by the office or the department and
 2047  include a copy of such document.
 2048         (e)(c) Post in a prominent position in the facility which
 2049  is accessible to all residents and the general public a summary
 2050  of the latest annual statement, indicating in the summary where
 2051  the full annual statement may be inspected in the facility. A
 2052  listing of any proposed changes in policies, programs, and
 2053  services must also be posted.
 2054         (f)(d) Distribute a copy of the full annual statement and a
 2055  copy of the most recent third-party third party financial audit
 2056  filed with the annual report to the president or chair of the
 2057  residents’ council within 30 days after filing the annual report
 2058  with the office, and designate a staff person to provide
 2059  explanation thereof.
 2060         (g)(e)Deliver the information described in s. 651.085(4)
 2061  in writing to the president or chair of the residents’ council
 2062  and make supporting documentation available upon request Notify
 2063  the residents’ council of any plans filed with the office to
 2064  obtain new financing, additional financing, or refinancing for
 2065  the facility and of any applications to the office for any
 2066  expansion of the facility.
 2067         (h)(f) Deliver to the president or chair of the residents’
 2068  council a summary of entrance fees collected and refunds made
 2069  during the time period covered in the annual report and the
 2070  refund balances due at the end of the report period.
 2071         (i)(g) Deliver to the president or chair of the residents’
 2072  council a copy of each quarterly statement within 30 days after
 2073  the quarterly statement is filed with the office if the facility
 2074  is required to file quarterly.
 2075         (j)(h) Upon request, deliver to the president or chair of
 2076  the residents’ council a copy of any newly approved continuing
 2077  care or continuing care at-home contract within 30 days after
 2078  approval by the office.
 2079         (k) Provide to the president or chair of the residents’
 2080  council a copy of any notice filed with the office relating to
 2081  any change in ownership within 10 business days after such
 2082  filing by the provider.
 2083         (l) Make the information available to prospective residents
 2084  pursuant to paragraph (3)(d) available to current residents and
 2085  provide notice of changes to that information to the president
 2086  or chair of the residents’ council within 3 business days.
 2087         (3) Before entering into a contract to furnish continuing
 2088  care or continuing care at-home, the provider undertaking to
 2089  furnish the care, or the agent of the provider, shall make full
 2090  disclosure, and provide copies of the disclosure documents to
 2091  the prospective resident or his or her legal representative, of
 2092  the following information:
 2093         (d) In keeping with the intent of this subsection relating
 2094  to disclosure, the provider shall make available for review
 2095  master plans approved by the provider’s governing board and any
 2096  plans for expansion or phased development, to the extent that
 2097  the availability of such plans does not put at risk real estate,
 2098  financing, acquisition, negotiations, or other implementation of
 2099  operational plans and thus jeopardize the success of
 2100  negotiations, operations, and development.
 2101         (g) The amount and location of any reserve funds required
 2102  by this chapter, and the name of the person or entity having a
 2103  claim to such funds in the event of a bankruptcy, foreclosure,
 2104  or rehabilitation proceeding.
 2105         (i) Notice of the issuance of a final examination report or
 2106  the initiation of any legal or administrative proceeding by the
 2107  office or the department, including where the report or filing
 2108  may be inspected in the facility, and that, upon request, an
 2109  electronic copy or specific website address will be provided
 2110  from which the document can be downloaded at no cost.
 2111         (j) Notice that the entrance fee is the property of the
 2112  provider after the expiration of the 7-day escrow requirement
 2113  under s. 651.055(2).
 2114         (k) A statement that distribution of assets or income may
 2115  occur or a statement that such distributions will not occur.
 2116         (l) Notice of any holding company system or obligated group
 2117  of which the provider is a member.
 2118         (4) A true and complete copy of the full disclosure
 2119  document to be used must be filed with the office before use. A
 2120  resident or prospective resident or his or her legal
 2121  representative may inspect the full reports referred to in
 2122  paragraph (2)(b); the charter or other agreement or instrument
 2123  required to be filed with the office pursuant to s. 651.022(2),
 2124  together with all amendments thereto; and the bylaws of the
 2125  corporation or association, if any. Upon request, copies of the
 2126  reports and information shall be provided to the individual
 2127  requesting them if the individual agrees to pay a reasonable
 2128  charge to cover copying costs.
 2129         Section 24. Subsection (4) of section 651.095, Florida
 2130  Statutes, is amended to read:
 2131         651.095 Advertisements; requirements; penalties.—
 2132         (4) It is unlawful for any person, other than a provider
 2133  licensed pursuant to this chapter, to advertise or market to the
 2134  general public any product similar to continuing care through
 2135  the use of such terms as “life care,” “life plan,” “life plan
 2136  at-home,” “continuing care,” or “guaranteed care for life,” or
 2137  similar terms, words, or phrases.
 2138         Section 25. Section 651.105, Florida Statutes, is amended
 2139  to read:
 2140         651.105 Examination and inspections.—
 2141         (1) The office may at any time, and shall at least once
 2142  every 3 years, examine the business of any applicant for a
 2143  certificate of authority and any provider engaged in the
 2144  execution of care contracts or engaged in the performance of
 2145  obligations under such contracts, in the same manner as is
 2146  provided for the examination of insurance companies pursuant to
 2147  ss. 624.316 and 624.318 s. 624.316. For a provider as described
 2148  defined in s. 651.028, such examinations must shall take place
 2149  at least once every 5 years. Such examinations must shall be
 2150  made by a representative or examiner designated by the office
 2151  whose compensation will be fixed by the office pursuant to s.
 2152  624.320. Routine examinations may be made by having the
 2153  necessary documents submitted to the office; and, for this
 2154  purpose, financial documents and records conforming to commonly
 2155  accepted accounting principles and practices, as required under
 2156  s. 651.026, are deemed adequate. The final written report of
 2157  each examination must be filed with the office and, when so
 2158  filed, constitutes a public record. Any provider being examined
 2159  shall, upon request, give reasonable and timely access to all of
 2160  its records. The representative or examiner designated by the
 2161  office may at any time examine the records and affairs and
 2162  inspect the physical property of any provider, whether in
 2163  connection with a formal examination or not.
 2164         (2) Any duly authorized officer, employee, or agent of the
 2165  office may, upon presentation of proper identification, have
 2166  access to, and inspect, any records, with or without advance
 2167  notice, to secure compliance with, or to prevent a violation of,
 2168  any provision of this chapter.
 2169         (3) Reports of the results of such financial examinations
 2170  must be kept on file by the office. Any investigatory records,
 2171  reports, or documents held by the office are confidential and
 2172  exempt from the provisions of s. 119.07(1), until the
 2173  investigation is completed or ceases to be active. For the
 2174  purpose of this section, an investigation is active while it is
 2175  being conducted by the office with a reasonable, good faith
 2176  belief that it could lead to the filing of administrative,
 2177  civil, or criminal proceedings. An investigation does not cease
 2178  to be active if the office is proceeding with reasonable
 2179  dispatch and has a good faith belief that action could be
 2180  initiated by the office or other administrative or law
 2181  enforcement agency.
 2182         (4) The office shall notify the provider and the executive
 2183  officer of the governing body of the provider in writing of all
 2184  deficiencies in its compliance with the provisions of this
 2185  chapter and the rules adopted pursuant to this chapter and shall
 2186  set a reasonable length of time for compliance by the provider.
 2187  In addition, the office shall require corrective action or
 2188  request a corrective action plan from the provider which plan
 2189  demonstrates a good faith attempt to remedy the deficiencies by
 2190  a specified date. If the provider fails to comply within the
 2191  established length of time, the office may initiate action
 2192  against the provider in accordance with the provisions of this
 2193  chapter.
 2194         (5) A provider shall respond to written correspondence from
 2195  the office and provide data, financial statements, and pertinent
 2196  information as requested by the office or by the office’s
 2197  investigators, examiners, or inspectors. The office has standing
 2198  to petition a circuit court for mandatory injunctive relief to
 2199  compel access to and require the provider to produce the
 2200  documents, data, records, and other information requested by the
 2201  office or its investigators, examiners, or inspectors. The
 2202  office may petition the circuit court in the county in which the
 2203  facility is situated or the Circuit Court of Leon County to
 2204  enforce this section At the time of the routine examination, the
 2205  office shall determine if all disclosures required under this
 2206  chapter have been made to the president or chair of the
 2207  residents’ council and the executive officer of the governing
 2208  body of the provider.
 2209         (6) A representative of the provider must give a copy of
 2210  the final examination report and corrective action plan, if one
 2211  is required by the office, to the executive officer of the
 2212  governing body of the provider within 60 days after issuance of
 2213  the report.
 2214         (7) Unless a provider or facility is impaired or subject to
 2215  a regulatory action level event, any parent, subsidiary, or
 2216  affiliate is not subject to examination by the office as part of
 2217  a routine examination. However, if a provider or facility relies
 2218  on a contractual or financial relationship with a parent, a
 2219  subsidiary, or an affiliate in order to meet the financial
 2220  requirements of this chapter, the office may examine any parent,
 2221  subsidiary, or affiliate that has a contractual or financial
 2222  relationship with the provider or facility to the extent
 2223  necessary to ascertain the financial condition of the provider.
 2224         (8) If a provider voluntarily contracts with an actuary for
 2225  an actuarial study or review at regular intervals, the office
 2226  may not use any recommendations made by the actuary as a measure
 2227  of performance when conducting an examination or inspection. The
 2228  office may not request, as part of the examination or
 2229  inspection, documents associated with an actuarial study or
 2230  review marked “restricted distribution” if the study or review
 2231  is not required by this chapter.
 2232         Section 26. Section 651.106, Florida Statutes, is amended
 2233  to read:
 2234         651.106 Grounds for discretionary refusal, suspension, or
 2235  revocation of certificate of authority.—The office may deny an
 2236  application or, suspend, or revoke the provisional certificate
 2237  of authority or the certificate of authority of any applicant or
 2238  provider if it finds that any one or more of the following
 2239  grounds applicable to the applicant or provider exist:
 2240         (1) Failure by the provider to continue to meet the
 2241  requirements for the authority originally granted.
 2242         (2) Failure by the provider to meet one or more of the
 2243  qualifications for the authority specified by this chapter.
 2244         (3) Material misstatement, misrepresentation, or fraud in
 2245  obtaining the authority, or in attempting to obtain the same.
 2246         (4) Demonstrated lack of fitness or trustworthiness.
 2247         (5) Fraudulent or dishonest practices of management in the
 2248  conduct of business.
 2249         (6) Misappropriation, conversion, or withholding of moneys.
 2250         (7) Failure to comply with, or violation of, any proper
 2251  order or rule of the office or commission or violation of any
 2252  provision of this chapter.
 2253         (8) The insolvent or impaired condition of the provider or
 2254  the provider’s being in such condition or using such methods and
 2255  practices in the conduct of its business as to render its
 2256  further transactions in this state hazardous or injurious to the
 2257  public.
 2258         (9) Refusal by the provider to be examined or to produce
 2259  its accounts, records, and files for examination, or refusal by
 2260  any of its officers to give information with respect to its
 2261  affairs or to perform any other legal obligation under this
 2262  chapter when required by the office.
 2263         (10) Failure by the provider to comply with the
 2264  requirements of s. 651.026 or s. 651.033.
 2265         (11) Failure by the provider to maintain escrow accounts or
 2266  funds as required by this chapter.
 2267         (12) Failure by the provider to meet the requirements of
 2268  this chapter for disclosure of information to residents
 2269  concerning the facility, its ownership, its management, its
 2270  development, or its financial condition or failure to honor its
 2271  continuing care or continuing care at-home contracts.
 2272         (13) Any cause for which issuance of the license could have
 2273  been refused had it then existed and been known to the office.
 2274         (14) Having been found guilty of, or having pleaded guilty
 2275  or nolo contendere to, a felony in this state or any other
 2276  state, without regard to whether a judgment or conviction has
 2277  been entered by the court having jurisdiction of such cases.
 2278         (15) In the conduct of business under the license, engaging
 2279  in unfair methods of competition or in unfair or deceptive acts
 2280  or practices prohibited under part IX of chapter 626.
 2281         (16) A pattern of bankrupt enterprises.
 2282         (17) The ownership, control, or management of the
 2283  organization includes any person:
 2284         (a) Who is not reputable and of responsible character;
 2285         (b) Who is so lacking in management expertise as to make
 2286  the operation of the provider hazardous to potential and
 2287  existing residents;
 2288         (c) Who is so lacking in management experience, ability,
 2289  and standing as to jeopardize the reasonable promise of
 2290  successful operation;
 2291         (d) Who is affiliated, directly or indirectly, through
 2292  ownership or control, with any person or persons whose business
 2293  operations are or have been marked by business practices or
 2294  conduct that is detrimental to the public, contract holders,
 2295  investors, or creditors by manipulation of assets, finances, or
 2296  accounts or by bad faith; or
 2297         (e) Whose business operations are or have been marked by
 2298  business practices or conduct that is detrimental to the public,
 2299  contract holders, investors, or creditors by manipulation of
 2300  assets, finances, or accounts or by bad faith.
 2301         (18) The provider has not filed a notice of change in
 2302  management, fails to remove a disapproved manager, or persists
 2303  in appointing disapproved managers.
 2304  
 2305  Revocation of a certificate of authority under this section does
 2306  not relieve a provider from the provider’s obligation to
 2307  residents under the terms and conditions of any continuing care
 2308  or continuing care at-home contract between the provider and
 2309  residents or the provisions of this chapter. The provider shall
 2310  continue to file its annual statement and pay license fees to
 2311  the office as required under this chapter as if the certificate
 2312  of authority had continued in full force, but the provider shall
 2313  not issue any new contracts. The office may seek an action in
 2314  the Circuit Court of Leon County to enforce the office’s order
 2315  and the provisions of this section.
 2316         Section 27. Section 651.1065, Florida Statutes, is created
 2317  to read:
 2318         651.1065 Soliciting or accepting new continuing care
 2319  contracts by impaired or insolvent facilities or providers.—
 2320         (1) Regardless of whether delinquency proceedings as to a
 2321  continuing care facility have been or are to be initiated, a
 2322  proprietor, a general partner, a member, an officer, a director,
 2323  a trustee, or a manager of a continuing care facility may not
 2324  actively solicit, approve the solicitation or acceptance of, or
 2325  accept new continuing care contracts in this state after the
 2326  proprietor, general partner, member, officer, director, trustee,
 2327  or manager knew, or reasonably should have known, that the
 2328  continuing care facility was impaired or insolvent except with
 2329  the written permission of the office. If the facility has
 2330  declared bankruptcy, the bankruptcy court or trustee appointed
 2331  by the court has jurisdiction over such matters. The office must
 2332  approve or disapprove the continued marketing of new contracts
 2333  within 15 days after receiving a request from a provider.
 2334         (2) A proprietor, a general partner, a member, an officer,
 2335  a director, a trustee, or a manager who violates this section
 2336  commits a felony of the third degree, punishable as provided in
 2337  s. 775.082, s. 775.083, or s. 775.084.
 2338         Section 28. Subsections (1) and (3) of section 651.111,
 2339  Florida Statutes, are amended to read:
 2340         651.111 Requests for inspections.—
 2341         (1) Any interested party may request an inspection of the
 2342  records and related financial affairs of a provider providing
 2343  care in accordance with the provisions of this chapter by
 2344  transmitting to the office notice of an alleged violation of
 2345  applicable requirements prescribed by statute or by rule,
 2346  specifying to a reasonable extent the details of the alleged
 2347  violation, which notice must shall be signed by the complainant.
 2348  As used in this section, the term “inspection” means an inquiry
 2349  into a provider’s compliance with this chapter.
 2350         (3) Upon receipt of a complaint, the office shall make a
 2351  preliminary review to determine if the complaint alleges a
 2352  violation of this chapter; and, unless the office determines
 2353  that the complaint does not allege a violation of this chapter
 2354  or is without any reasonable basis, the office shall make an
 2355  inspection. The office shall provide the complainant with a
 2356  written acknowledgment of the complaint within 15 days after
 2357  receipt by the office. The complainant shall be advised, within
 2358  30 days after the receipt of the complaint by the office, of the
 2359  office’s determination that the complaint does not allege a
 2360  violation of this chapter, that the complaint is without any
 2361  reasonable basis, or that the office will make an inspection.
 2362  The notice must include an estimated timeframe for completing
 2363  the inspection and a contact number. If the inspection is not
 2364  completed within the estimated timeframe, the office must
 2365  provide the complainant with a revised timeframe. Within 15 days
 2366  after completing an inspection, the office shall provide the
 2367  complainant and the provider a written statement specifying any
 2368  violations of this chapter and any actions taken or that no such
 2369  violation was found proposed course of action of the office.
 2370         Section 29. Section 651.114, Florida Statutes, is amended
 2371  to read:
 2372         651.114 Delinquency proceedings; remedial rights.—
 2373         (1) Upon determination by the office that a provider is not
 2374  in compliance with this chapter, the office may notify the chair
 2375  of the Continuing Care Advisory Council, who may assist the
 2376  office in formulating a corrective action plan.
 2377         (2) Within 30 days after a request by either the advisory
 2378  council or the office, a provider shall make a plan for
 2379  obtaining compliance or solvency available to the advisory
 2380  council and the office, within 30 days after being requested to
 2381  do so by the council, a plan for obtaining compliance or
 2382  solvency.
 2383         (3) Within 30 days after receipt of a plan for obtaining
 2384  compliance or solvency, the office or, at the request of the
 2385  office, notification, the advisory council shall:
 2386         (a) Consider and evaluate the plan submitted by the
 2387  provider.
 2388         (b) Discuss the problem and solutions with the provider.
 2389         (c) Conduct such other business as is necessary.
 2390         (d) Report its findings and recommendations to the office,
 2391  which may require additional modification of the plan.
 2392  
 2393  This subsection may not be construed to delay or prevent the
 2394  office from taking any regulatory measures it deems necessary
 2395  regarding the provider that submitted the plan.
 2396         (4) If the financial condition of a continuing care
 2397  facility or provider is impaired or is such that if not modified
 2398  or corrected, its continued operation would result in
 2399  insolvency, the office may direct the provider to formulate and
 2400  file with the office a corrective action plan. If the provider
 2401  fails to submit a plan within 30 days after the office’s
 2402  directive or submits a plan that is insufficient to correct the
 2403  condition, the office may specify a plan and direct the provider
 2404  to implement the plan. Before specifying a plan, the office may
 2405  seek a recommended plan from the advisory council.
 2406         (5)(4) After receiving approval of a plan by the office,
 2407  the provider shall submit a progress report monthly to the
 2408  advisory council or the office, or both, in a manner prescribed
 2409  by the office. After 3 months, or at any earlier time deemed
 2410  necessary, the council shall evaluate the progress by the
 2411  provider and shall advise the office of its findings.
 2412         (6)(5)If Should the office finds find that sufficient
 2413  grounds exist for rehabilitation, liquidation, conservation,
 2414  reorganization, seizure, or summary proceedings of an insurer as
 2415  set forth in ss. 631.051, 631.061, and 631.071, the department
 2416  office may petition for an appropriate court order or may pursue
 2417  such other relief as is afforded in part I of chapter 631.
 2418  Before invoking its powers under part I of chapter 631, the
 2419  department office shall notify the chair of the advisory
 2420  council.
 2421         (7) Notwithstanding s. 631.011, impairment of a provider,
 2422  for purposes of s. 631.051, has the same meaning as the term
 2423  “impaired” in s. 651.011.
 2424         (8)(6) In the event an order of conservation,
 2425  rehabilitation, liquidation, or conservation, reorganization,
 2426  seizure, or summary proceeding has been entered against a
 2427  provider, the department and office are vested with all of the
 2428  powers and duties they have under the provisions of part I of
 2429  chapter 631 in regard to delinquency proceedings of insurance
 2430  companies. A provider shall give written notice of the
 2431  proceeding to its residents within 3 business days after the
 2432  initiation of a delinquency proceeding under chapter 631 and
 2433  shall include a notice of the delinquency proceeding in any
 2434  written materials provided to prospective residents
 2435         (7) If the financial condition of the continuing care
 2436  facility or provider is such that, if not modified or corrected,
 2437  its continued operation would result in insolvency, the office
 2438  may direct the provider to formulate and file with the office a
 2439  corrective action plan. If the provider fails to submit a plan
 2440  within 30 days after the office’s directive or submits a plan
 2441  that is insufficient to correct the condition, the office may
 2442  specify a plan and direct the provider to implement the plan.
 2443         (9) A provider subject to an order to show cause entered
 2444  pursuant to chapter 631 must file its written response to the
 2445  order, together with any defenses it may have to the
 2446  department’s allegations, not later than 20 days after service
 2447  of the order to show cause, but not less than 15 days before the
 2448  date of the hearing set by the order to show cause.
 2449         (10) A hearing held pursuant to chapter 631 to determine
 2450  whether cause exists for the department to be appointed receiver
 2451  must be commenced within 60 days after an order directing a
 2452  provider to show cause.
 2453         (11)(a)(8)(a) The rights of the office described in this
 2454  section are subordinate to the rights of a trustee or lender
 2455  pursuant to the terms of a resolution, ordinance, loan
 2456  agreement, indenture of trust, mortgage, lease, security
 2457  agreement, or other instrument creating or securing bonds or
 2458  notes issued to finance a facility, and the office, subject to
 2459  the provisions of paragraph (c), may shall not exercise its
 2460  remedial rights provided under this section and ss. 651.018,
 2461  651.106, 651.108, and 651.116 with respect to a facility that is
 2462  subject to a lien, mortgage, lease, or other encumbrance or
 2463  trust indenture securing bonds or notes issued in connection
 2464  with the financing of the facility, if the trustee or lender, by
 2465  inclusion or by amendment to the loan documents or by a separate
 2466  contract with the office, agrees that the rights of residents
 2467  under a continuing care or continuing care at-home contract will
 2468  be honored and will not be disturbed by a foreclosure or
 2469  conveyance in lieu thereof as long as the resident:
 2470         1. Is current in the payment of all monetary obligations
 2471  required by the contract;
 2472         2. Is in compliance and continues to comply with all
 2473  provisions of the contract; and
 2474         3. Has asserted no claim inconsistent with the rights of
 2475  the trustee or lender.
 2476         (b) This subsection does not require a trustee or lender
 2477  to:
 2478         1. Continue to engage in the marketing or resale of new
 2479  continuing care or continuing care at-home contracts;
 2480         2. Pay any rebate of entrance fees as may be required by a
 2481  resident’s continuing care or continuing care at-home contract
 2482  as of the date of acquisition of the facility by the trustee or
 2483  lender and until expiration of the period described in paragraph
 2484  (d);
 2485         3. Be responsible for any act or omission of any owner or
 2486  operator of the facility arising before the acquisition of the
 2487  facility by the trustee or lender; or
 2488         4. Provide services to the residents to the extent that the
 2489  trustee or lender would be required to advance or expend funds
 2490  that have not been designated or set aside for such purposes.
 2491         (c) If Should the office determines determine, at any time
 2492  during the suspension of its remedial rights as provided in
 2493  paragraph (a), that:
 2494         1. The trustee or lender is not in compliance with
 2495  paragraph (a);, or that
 2496         2. A lender or trustee has assigned or has agreed to assign
 2497  all or a portion of a delinquent or defaulted loan to a third
 2498  party without the office’s written consent;,
 2499         3. The provider engaged in the misappropriation,
 2500  conversion, or illegal commitment or withdrawal of minimum
 2501  liquid reserve or escrowed funds required under this chapter;
 2502         4. The provider refused to be examined by the office
 2503  pursuant to s. 651.105(1); or
 2504         5. The provider refused to produce any relevant accounts,
 2505  records, and files requested as part of an examination,
 2506  
 2507  the office shall notify the trustee or lender in writing of its
 2508  determination, setting forth the reasons giving rise to the
 2509  determination and specifying those remedial rights afforded to
 2510  the office which the office shall then reinstate.
 2511         (d) Upon acquisition of a facility by a trustee or lender
 2512  and evidence satisfactory to the office that the requirements of
 2513  paragraph (a) have been met, the office shall issue a 90-day
 2514  temporary certificate of authority granting the trustee or
 2515  lender the authority to engage in the business of providing
 2516  continuing care or continuing care at-home and to issue
 2517  continuing care or continuing care at-home contracts subject to
 2518  the office’s right to immediately suspend or revoke the
 2519  temporary certificate of authority if the office determines that
 2520  any of the grounds described in s. 651.106 apply to the trustee
 2521  or lender or that the terms of the contract used as the basis
 2522  for the issuance of the temporary certificate of authority by
 2523  the office have not been or are not being met by the trustee or
 2524  lender since the date of acquisition.
 2525         Section 30. Section 651.1141, Florida Statutes, is created
 2526  to read:
 2527         651.1141 Immediate final orders.
 2528         (1)The Legislature finds that the following actions
 2529  constitute an imminent and immediate threat to the public
 2530  health, safety, and welfare of the residents of this state:
 2531         (a) The installation of a general partner of a provider or
 2532  assumption of ownership or possession or control of 10 percent
 2533  or more of a provider’s assets in violation of s. 651.024 or s.
 2534  651.0245;
 2535         (b)The removal or commitment of 10 percent or more of the
 2536  required minimum liquid reserve funds in violation of s.
 2537  651.035; or
 2538         (c)The assumption of control over a facility’s operations
 2539  in violation of s. 651.043.
 2540         (2)If it finds that a person or entity is engaging or has
 2541  engaged in one or more of the above activities, the office may,
 2542  pursuant to s. 120.569, issue an immediate final order:
 2543         (a)Directing that such person or entity cease and desist
 2544  that activity; or
 2545         (b)Suspending the certificate of authority of the
 2546  facility.
 2547         Section 31. Subsection (1) of section 651.121, Florida
 2548  Statutes, is amended to read:
 2549         651.121 Continuing Care Advisory Council.—
 2550         (1) The Continuing Care Advisory Council to the office is
 2551  created consisting of 10 members who are residents of this state
 2552  appointed by the Governor and geographically representative of
 2553  this state. Three members shall be representatives
 2554  administrators of facilities that hold valid certificates of
 2555  authority under this chapter and shall have been actively
 2556  engaged in the offering of continuing care contracts in this
 2557  state for 5 years before appointment. The remaining members
 2558  include:
 2559         (a) A representative of the business community whose
 2560  expertise is in the area of management.
 2561         (b) A representative of the financial community who is not
 2562  a facility owner or administrator.
 2563         (c) A certified public accountant.
 2564         (d) An attorney.
 2565         (d)(e)Four Three residents who hold continuing care or
 2566  continuing care at-home contracts with a facility certified in
 2567  this state.
 2568         Section 32. Subsections (1) and (4) of section 651.125,
 2569  Florida Statutes, are amended to read:
 2570         651.125 Criminal penalties; injunctive relief.—
 2571         (1) Any person who maintains, enters into, or, as manager
 2572  or officer or in any other administrative capacity, assists in
 2573  entering into, maintaining, or performing any continuing care or
 2574  continuing care at-home contract subject to this chapter without
 2575  doing so in pursuance of a valid provisional certificate of
 2576  authority or certificate of authority or renewal thereof, as
 2577  contemplated by or provided in this chapter, or who otherwise
 2578  violates any provision of this chapter or rule adopted in
 2579  pursuance of this chapter, commits a felony of the third degree,
 2580  punishable as provided in s. 775.082 or s. 775.083. Each
 2581  violation of this chapter constitutes a separate offense.
 2582         (4) Any action brought by the office against a provider
 2583  shall not abate by reason of a sale or other transfer of
 2584  ownership of the facility used to provide care, which provider
 2585  is a party to the action, except with the express written
 2586  consent of the director of the office.
 2587         Section 33. Except as otherwise expressly provided in this
 2588  act and except for this section, which shall take effect July 1,
 2589  2019, this act shall take effect January 1, 2020.