1 | The Elder & Long-Term Care Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to continuing care provider minimum liquid |
7 | reserve requirements; amending s. 651.035, F.S.; deleting |
8 | property insurance premiums from certain debt service |
9 | reserve requirements; deleting certain property insurance |
10 | debt service reserve limitations; deleting certain |
11 | additional minimum debt service reserve requirements for |
12 | certain years; including property insurance premiums in |
13 | calculating expenses; providing an effective date. |
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15 | Be It Enacted by the Legislature of the State of Florida: |
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17 | Section 1. Paragraphs (a) and (c) of subsection (2) of |
18 | section 651.035, Florida Statutes, are amended to read: |
19 | 651.035 Minimum liquid reserve requirements.-- |
20 | (2)(a) A provider shall maintain in escrow as a debt |
21 | service reserve an amount equal to the aggregate amount of all |
22 | principal and interest payments due during the fiscal year on |
23 | any mortgage loan or other long-term financing of the facility, |
24 | including taxes and insurance as recorded in the audited |
25 | financial statements required under s. 651.026. The amount shall |
26 | include any leasehold payments and all costs related to such |
27 | payments same. If principal payments are not due during the |
28 | fiscal year, the provider shall maintain in escrow as a minimum |
29 | liquid reserve an amount equal to interest payments due during |
30 | the next 12 months on any mortgage loan or other long-term |
31 | financing of the facility, including taxes and insurance. For |
32 | the purpose of this paragraph, the amount of property insurance |
33 | premiums used in calculating the debt service reserve shall not |
34 | exceed the amount paid in calendar year 1999. For providers |
35 | initially licensed during or after calendar year 1999, the |
36 | amount of property insurance premiums used in calculating the |
37 | debt service reserve shall not exceed the amount paid during the |
38 | first 12 months of facility operation. However, beginning |
39 | January 1, 2006, and each year thereafter, until the amount |
40 | maintained in escrow attributable to property insurance equals |
41 | 100 percent of the premium, the provider shall increase the |
42 | amount maintained in escrow for property insurance by 10 percent |
43 | of the premium paid that year. |
44 | (c) Each provider shall maintain in escrow an operating |
45 | reserve in an amount equal to 30 percent of the total operating |
46 | expenses projected in the feasibility study required by s. |
47 | 651.023 for the first 12 months of operation. Thereafter, each |
48 | provider shall maintain in escrow an operating reserve in an |
49 | amount equal to 15 percent of the total operating expenses in |
50 | the annual report filed pursuant to s. 651.026. Where a provider |
51 | has been in operation for more than 12 months, the total annual |
52 | operating expenses shall be determined by averaging the total |
53 | annual operating expenses reported to the office by the number |
54 | of annual reports filed with the office within the immediate |
55 | preceding 3-year period subject to adjustment in the event there |
56 | is a change in the number of facilities owned. For purposes of |
57 | this subsection, total annual operating expenses shall include |
58 | all expenses of the facility except: depreciation and |
59 | amortization; interest, insurance and taxes included in |
60 | subsection (1); extraordinary expenses which are adequately |
61 | explained and documented in accordance with generally accepted |
62 | accounting principles; liability insurance premiums in excess of |
63 | those paid in calendar year 1999; and changes in the obligation |
64 | to provide future services to current residents. For providers |
65 | initially licensed during or after calendar year 1999, liability |
66 | insurance shall be included in the total operating expenses in |
67 | an amount not to exceed the premium paid during the first 12 |
68 | months of facility operation. Beginning January 1, 1993, the |
69 | operating reserves required under this subsection shall be in an |
70 | unencumbered account held in escrow for the benefit of the |
71 | residents. Such funds may not be encumbered or subject to any |
72 | liens or charges by the escrow agent or judgments, garnishments, |
73 | or creditors' claims against the provider or facility. However, |
74 | if a facility had a lien, mortgage, trust indenture, or similar |
75 | debt instrument in place prior to January 1, 1993, which |
76 | encumbered all or any part of the reserves required by this |
77 | subsection and such funds were used to meet the requirements of |
78 | this subsection, then such arrangement may be continued, unless |
79 | a refinancing or acquisition has occurred, and the provider |
80 | shall be in compliance with this subsection. |
81 | Section 2. This act shall take effect July 1, 2006. |