CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  Representative(s) Green offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (1) of section 651.015, Florida

18  Statutes, is amended to read:

19         651.015  Administration; forms; fees; rules;

20  fines.--The administration of this chapter is vested in the

21  department, which shall:

22         (1)  Prepare and furnish all forms necessary under the

23  provisions of this chapter in relation to applications for

24  provisional certificates of authority, certificates of

25  authority or renewals thereof, statements, examinations, and

26  other required reports. The department is authorized to accept

27  any application statement, report, or information submitted

28  electronically or by facsimile to comply with requirements in

29  this chapter or rules adopted under this section. The

30  department may adopt rules to implement the provisions of this

31  subsection.

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)





  1         Section 2.  Paragraph (d) of subsection (1) of section

  2  651.033, Florida Statutes, is amended to read:

  3         651.033  Escrow accounts.--

  4         (1)  When funds are required to be deposited in an

  5  escrow account pursuant to s. 651.022, s. 651.023, s. 651.035,

  6  or s. 651.055:

  7         (d)  All funds deposited in an escrow account, if

  8  invested, shall be invested as set forth in part II of chapter

  9  625; however, such investment shall not diminish the funds

10  held in escrow below the amount required by this chapter. All

11  funds deposited in an escrow account shall not be subject to

12  any charges by the escrow agent except escrow agent fees

13  associated with administering the accounts, or subject to any

14  liens, judgments, garnishments, creditor's claims, or other

15  encumbrances against the provider or facility except as

16  provided in s. 651.035(2)(1).

17         Section 3.  Subsections (1) and (2) of section 651.035,

18  Florida Statutes, are amended to read:

19         651.035  Minimum liquid reserve requirements.--

20         (1)  A provider shall maintain in escrow a minimum

21  liquid reserve consisting of the applicable reserves specified

22  in subsection (2).

23         (2)(1)(a)  A provider shall maintain in escrow as a

24  debt service reserve and as a minimum liquid reserve an amount

25  equal to the aggregate amount of all principal and interest

26  payments due during the fiscal year on any mortgage loan or

27  other long-term financing of the facility, including taxes and

28  insurance as recorded in the audited financial statements

29  required under s. 651.026.  The amount shall include any

30  leasehold payments and all costs related to same.  If

31  principal payments are not due during the fiscal year, the

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)





  1  provider shall maintain in escrow as a minimum liquid reserve

  2  an amount equal to interest payments due during the next 12

  3  months on any mortgage loan or other long-term financing of

  4  the facility, including taxes and insurance. For the purpose

  5  of this paragraph, the amount of property insurance premiums

  6  used in calculating the debt service reserve shall not exceed

  7  the amount paid in calendar year 1999. For providers initially

  8  licensed during or after calendar year 1999, the amount of

  9  property insurance premiums used in calculating the debt

10  service reserve shall not exceed the amount paid during the

11  first 12 months of facility operation. However, beginning

12  January 1, 2006, and each year thereafter, until the amount

13  maintained in escrow attributable to property insurance equals

14  100 percent of the premium, the provider shall increase the

15  amount maintained in escrow for property insurance by 10

16  percent of the premium paid that year.

17         (b)  A provider which has outstanding indebtedness

18  which requires what is normally referred to as a "debt service

19  reserve" to be held in escrow pursuant to a trust indenture or

20  mortgage lien on the facility and for which the debt service

21  reserve may only be used to pay principal and interest

22  payments on the debt which the debtor is obligated to pay, and

23  which may include taxes and insurance, may include such debt

24  service reserve in its computation of its minimum liquid

25  reserve to satisfy this subsection, provided that the provider

26  furnishes to the Department of Insurance a copy of the

27  agreement under which such debt service is held, together with

28  a statement of the amount being held in escrow for the debt

29  service reserve, certified by the lender or trustee and the

30  provider to be correct.  The trustee shall provide the

31  department with any information concerning the debt service

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)





  1  reserve account upon request of the provider or the

  2  department.

  3         (c)(2)(a)  Each provider shall maintain in escrow an

  4  operating reserve in an amount equal to 30 percent of the

  5  total operating expenses projected in the feasibility study

  6  required by s. 651.023 for the first 12 months of operation.

  7  Thereafter, each provider shall maintain in escrow an

  8  operating reserve in an amount equal to 15 percent of the

  9  total operating expenses in the annual report filed pursuant

10  to s. 651.026. Where a provider has been in operation for more

11  than 12 months, the total annual operating expenses shall be

12  determined by averaging the total annual operating expenses

13  reported to the department by the number of annual reports

14  filed with the department within the immediate preceding

15  3-year period subject to adjustment in the event there is a

16  change in the number of facilities owned. For purposes of this

17  subsection, total annual operating expenses shall include all

18  expenses of the facility except: depreciation and

19  amortization; interest, insurance and taxes included in

20  subsection (1); extraordinary expenses which are adequately

21  explained and documented in accordance with generally accepted

22  accounting principles; liability insurance premiums in excess

23  of those paid in calendar year 1999; and changes in the

24  obligation to provide future services to current residents.

25  For providers initially licensed during or after calendar year

26  1999, liability insurance shall be included in the total

27  operating expenses in an amount not to exceed the premium paid

28  during the first 12 months of facility operation. Beginning

29  January 1, 1993, the operating reserves required under this

30  subsection shall be in an unencumbered account held in escrow

31  for the benefit of the residents.  Such funds may not be

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)





  1  encumbered or subject to any liens or charges by the escrow

  2  agent or judgments, garnishments, or creditors' claims against

  3  the provider or facility.  However, if a facility had a lien,

  4  mortgage, trust indenture, or similar debt instrument in place

  5  prior to January 1, 1993, which encumbered all or any part of

  6  the reserves required by this subsection and such funds were

  7  used to meet the requirements of this subsection, then such

  8  arrangement may be continued, unless a refinancing or

  9  acquisition has occurred, and the provider shall be in

10  compliance with this subsection.

11         (d)(b)  Each provider shall maintain in escrow a

12  renewal and replacement reserve in an amount equal to 15

13  percent of the total accumulated depreciation based on the

14  audited financial statement required to be filed pursuant to

15  s. 651.026, not to exceed 15 percent of the facility's average

16  operating expenses for the past 3 fiscal years based on the

17  audited financial statements for each of such years.  For a

18  provider who is an operator of a facility but is not the owner

19  and depreciation is not included as part of the provider's

20  financial statement, the renewal and replacement reserve

21  required by this paragraph shall equal 15 percent of the total

22  operating expenses of the provider, as described in this

23  section.  Each provider licensed prior to October 1, 1983,

24  shall be required to fully fund the renewal and replacement

25  reserve by October 1, 2003, by multiplying the difference

26  between the former escrow requirement and the present escrow

27  requirement by the number of years the facility has been in

28  operation after October 1, 1983.

29         Section 4.  Subsection (8) of section 651.118, Florida

30  Statutes, is amended, and subsection (13) is added to said

31  section, to read:

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)





  1         651.118  Agency for Health Care Administration;

  2  certificates of need; sheltered beds; community beds.--

  3         (8)  A provider may petition the Agency for Health Care

  4  Administration to use a designated number of sheltered nursing

  5  home beds to provide extended congregate care as defined in s.

  6  400.402 if the beds are in a distinct area of the nursing home

  7  which can be adapted to meet the requirements for extended

  8  congregate care. The provider may subsequently use such beds

  9  as sheltered beds after notifying the agency of the intended

10  change. Any sheltered beds used to provide extended congregate

11  care pursuant to this subsection may not qualify for funding

12  under the Medicaid waiver. Any sheltered beds used to provide

13  extended congregate care pursuant to this subsection may share

14  common areas, services, and staff with beds designated for

15  nursing home care, provided that all of the beds are under

16  common ownership. For the purposes of this subsection, fire

17  and life safety codes applicable to nursing home facilities

18  shall apply.

19         (13)  Residents, as defined in this chapter, are not

20  considered new admissions for the purpose of s.

21  400.141(15)(d).

22         Section 5.  This act shall take effect July 1, 2002.

23

24

25  ================ T I T L E   A M E N D M E N T ===============

26  And the title is amended as follows:

27         On page ,

28  remove:  the entire title

29

30  and insert:

31                  A bill to be entitled

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                                                   HOUSE AMENDMENT

                                           Bill No. CS for SB 1246

    Amendment No. ___ (for drafter's use only)





  1         An act relating to continuing care retirement

  2         communities; amending s. 651.015, F.S.;

  3         authorizing the Department of Insurance to

  4         accept certain documents and information

  5         relating to continuing care contracts

  6         electronically or by facsimile; authorizing the

  7         department to adopt rules; amending s. 651.033,

  8         F.S.; correcting a cross reference; amending s.

  9         651.035, F.S.; revising minimum liquid reserve

10         requirements for continuing care providers;

11         amending s. 651.118, F.S.; providing a funding

12         limitation on sheltered beds used to provide

13         extended congregate care in a continuing care

14         facility; authorizing certain sharing of

15         facilities and services between such sheltered

16         beds and nursing home beds in such facilities;

17         exempting continuing care facility residents

18         from certain calculations relating to

19         moratoriums on new nursing home admissions;

20         providing an effective date.

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