Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1256
                        Barcode 180658
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Banking and Insurance (Atwater) recommended
12  the following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraphs (a) and (c) of subsection (2) of
19  section 651.035, Florida Statutes, are amended to read:
20         651.035  Minimum liquid reserve requirements.--
21         (2)(a)  A provider shall maintain in escrow as a debt
22  service reserve an amount equal to the aggregate amount of all
23  principal and interest payments due during the fiscal year on
24  any mortgage loan or other long-term financing of the
25  facility, including taxes and insurance as recorded in the
26  audited financial statements required under s. 651.026. The
27  amount shall include any leasehold payments and all costs
28  related to such payments same. If principal payments are not
29  due during the fiscal year, the provider shall maintain in
30  escrow as a minimum liquid reserve an amount equal to interest
31  payments due during the next 12 months on any mortgage loan or
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    4:38 PM   02/08/06                             s1256d-bi25-t01

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1256 Barcode 180658 1 other long-term financing of the facility, including taxes and 2 insurance. For the purpose of this paragraph, the amount of 3 property insurance premiums used in calculating the debt 4 service reserve shall not exceed the amount paid in calendar 5 year 1999. For providers initially licensed during or after 6 calendar year 1999, the amount of property insurance premiums 7 used in calculating the debt service reserve shall not exceed 8 the amount paid during the first 12 months of facility 9 operation. However, beginning January 1, 2006, and each year 10 thereafter, until the amount maintained in escrow attributable 11 to property insurance equals 100 percent of the premium, the 12 provider shall increase the amount maintained in escrow for 13 property insurance by 10 percent of the premium paid that 14 year. 15 (c) Each provider shall maintain in escrow an 16 operating reserve in an amount equal to 30 percent of the 17 total operating expenses projected in the feasibility study 18 required by s. 651.023 for the first 12 months of operation. 19 Thereafter, each provider shall maintain in escrow an 20 operating reserve in an amount equal to 15 percent of the 21 total operating expenses in the annual report filed pursuant 22 to s. 651.026. Where a provider has been in operation for more 23 than 12 months, the total annual operating expenses shall be 24 determined by averaging the total annual operating expenses 25 reported to the office by the number of annual reports filed 26 with the office within the immediate preceding 3-year period 27 subject to adjustment in the event there is a change in the 28 number of facilities owned. For purposes of this subsection, 29 total annual operating expenses shall include all expenses of 30 the facility except: depreciation and amortization; interest, 31 insurance and taxes included in subsection (1); extraordinary 2 4:38 PM 02/08/06 s1256d-bi25-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1256 Barcode 180658 1 expenses which are adequately explained and documented in 2 accordance with generally accepted accounting principles; 3 liability insurance premiums in excess of those paid in 4 calendar year 1999; and changes in the obligation to provide 5 future services to current residents. For providers initially 6 licensed during or after calendar year 1999, liability 7 insurance shall be included in the total operating expenses in 8 an amount not to exceed the premium paid during the first 12 9 months of facility operation. Beginning January 1, 1993, the 10 operating reserves required under this subsection shall be in 11 an unencumbered account held in escrow for the benefit of the 12 residents. Such funds may not be encumbered or subject to any 13 liens or charges by the escrow agent or judgments, 14 garnishments, or creditors' claims against the provider or 15 facility. However, if a facility had a lien, mortgage, trust 16 indenture, or similar debt instrument in place prior to 17 January 1, 1993, which encumbered all or any part of the 18 reserves required by this subsection and such funds were used 19 to meet the requirements of this subsection, then such 20 arrangement may be continued, unless a refinancing or 21 acquisition has occurred, and the provider shall be in 22 compliance with this subsection. 23 Section 2. This act shall take effect July 1, 2006. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 Delete everything before the enacting clause 29 30 and insert: 31 A bill to be entitled 3 4:38 PM 02/08/06 s1256d-bi25-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1256 Barcode 180658 1 An act relating to minimum liquid-reserve 2 requirements for continuing care providers; 3 amending s. 651.035, F.S.; deleting the 4 requirement that a provider include property 5 insurance premiums within the amount required 6 as debt service reserve; deleting provisions 7 providing for calculating the amount of such 8 premiums; deleting a provision exempting 9 property insurance premiums from the amount 10 that a provider is required to maintain as an 11 operating reserve; providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 4:38 PM 02/08/06 s1256d-bi25-t01