Senate Bill sb1256er

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    ENROLLED

    2006 Legislature                                CS for SB 1256



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  2         An act relating to minimum liquid-reserve

  3         requirements for continuing care providers;

  4         amending s. 651.035, F.S.; deleting the

  5         requirement that a provider include property

  6         insurance premiums within the amount required

  7         as debt service reserve; deleting provisions

  8         providing for calculating the amount of such

  9         premiums; deleting a provision exempting

10         property insurance premiums from the amount

11         that a provider is required to maintain as an

12         operating reserve; providing an effective date.

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14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraphs (a) and (c) of subsection (2) of

17  section 651.035, Florida Statutes, are amended to read:

18         651.035  Minimum liquid reserve requirements.--

19         (2)(a)  A provider shall maintain in escrow as a debt

20  service reserve an amount equal to the aggregate amount of all

21  principal and interest payments due during the fiscal year on

22  any mortgage loan or other long-term financing of the

23  facility, including taxes and insurance as recorded in the

24  audited financial statements required under s. 651.026. The

25  amount shall include any leasehold payments and all costs

26  related to such payments same. If principal payments are not

27  due during the fiscal year, the provider shall maintain in

28  escrow as a minimum liquid reserve an amount equal to interest

29  payments due during the next 12 months on any mortgage loan or

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

31  insurance. For the purpose of this paragraph, the amount of


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    ENROLLED

    2006 Legislature                                CS for SB 1256



 1  property insurance premiums used in calculating the debt

 2  service reserve shall not exceed the amount paid in calendar

 3  year 1999. For providers initially licensed during or after

 4  calendar year 1999, the amount of property insurance premiums

 5  used in calculating the debt service reserve shall not exceed

 6  the amount paid during the first 12 months of facility

 7  operation. However, beginning January 1, 2006, and each year

 8  thereafter, until the amount maintained in escrow attributable

 9  to property insurance equals 100 percent of the premium, the

10  provider shall increase the amount maintained in escrow for

11  property insurance by 10 percent of the premium paid that

12  year.

13         (c)  Each provider shall maintain in escrow an

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

15  total operating expenses projected in the feasibility study

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

17  Thereafter, each provider shall maintain in escrow an

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

19  total operating expenses in the annual report filed pursuant

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

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

22  determined by averaging the total annual operating expenses

23  reported to the office by the number of annual reports filed

24  with the office within the immediate preceding 3-year period

25  subject to adjustment in the event there is a change in the

26  number of facilities owned. For purposes of this subsection,

27  total annual operating expenses shall include all expenses of

28  the facility except: depreciation and amortization; interest,

29  insurance and taxes included in subsection (1); extraordinary

30  expenses which are adequately explained and documented in

31  accordance with generally accepted accounting principles;


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    ENROLLED

    2006 Legislature                                CS for SB 1256



 1  liability insurance premiums in excess of those paid in

 2  calendar year 1999; and changes in the obligation to provide

 3  future services to current residents. For providers initially

 4  licensed during or after calendar year 1999, liability

 5  insurance shall be included in the total operating expenses in

 6  an amount not to exceed the premium paid during the first 12

 7  months of facility operation. Beginning January 1, 1993, the

 8  operating reserves required under this subsection shall be in

 9  an unencumbered account held in escrow for the benefit of the

10  residents. Such funds may not be encumbered or subject to any

11  liens or charges by the escrow agent or judgments,

12  garnishments, or creditors' claims against the provider or

13  facility. However, if a facility had a lien, mortgage, trust

14  indenture, or similar debt instrument in place prior to

15  January 1, 1993, which encumbered all or any part of the

16  reserves required by this subsection and such funds were used

17  to meet the requirements of this subsection, then such

18  arrangement may be continued, unless a refinancing or

19  acquisition has occurred, and the provider shall be in

20  compliance with this subsection.

21         Section 2.  This act shall take effect July 1, 2006.

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