HB 0377CS

CHAMBER ACTION




1The Elder & Long-Term Care Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to continuing care provider minimum liquid
7reserve requirements; amending s. 651.035, F.S.; deleting
8property insurance premiums from certain debt service
9reserve requirements; deleting certain property insurance
10debt service reserve limitations; deleting certain
11additional minimum debt service reserve requirements for
12certain years; including property insurance premiums in
13calculating expenses; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Paragraphs (a) and (c) of subsection (2) of
18section 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
21service reserve an amount equal to the aggregate amount of all
22principal and interest payments due during the fiscal year on
23any mortgage loan or other long-term financing of the facility,
24including taxes and insurance as recorded in the audited
25financial statements required under s. 651.026. The amount shall
26include any leasehold payments and all costs related to such
27payments same. If principal payments are not due during the
28fiscal year, the provider shall maintain in escrow as a minimum
29liquid reserve an amount equal to interest payments due during
30the next 12 months on any mortgage loan or other long-term
31financing of the facility, including taxes and insurance. For
32the purpose of this paragraph, the amount of property insurance
33premiums used in calculating the debt service reserve shall not
34exceed the amount paid in calendar year 1999. For providers
35initially licensed during or after calendar year 1999, the
36amount of property insurance premiums used in calculating the
37debt service reserve shall not exceed the amount paid during the
38first 12 months of facility operation. However, beginning
39January 1, 2006, and each year thereafter, until the amount
40maintained in escrow attributable to property insurance equals
41100 percent of the premium, the provider shall increase the
42amount maintained in escrow for property insurance by 10 percent
43of the premium paid that year.
44     (c)  Each provider shall maintain in escrow an operating
45reserve in an amount equal to 30 percent of the total operating
46expenses projected in the feasibility study required by s.
47651.023 for the first 12 months of operation. Thereafter, each
48provider shall maintain in escrow an operating reserve in an
49amount equal to 15 percent of the total operating expenses in
50the annual report filed pursuant to s. 651.026. Where a provider
51has been in operation for more than 12 months, the total annual
52operating expenses shall be determined by averaging the total
53annual operating expenses reported to the office by the number
54of annual reports filed with the office within the immediate
55preceding 3-year period subject to adjustment in the event there
56is a change in the number of facilities owned. For purposes of
57this subsection, total annual operating expenses shall include
58all expenses of the facility except: depreciation and
59amortization; interest, insurance and taxes included in
60subsection (1); extraordinary expenses which are adequately
61explained and documented in accordance with generally accepted
62accounting principles; liability insurance premiums in excess of
63those paid in calendar year 1999; and changes in the obligation
64to provide future services to current residents. For providers
65initially licensed during or after calendar year 1999, liability
66insurance shall be included in the total operating expenses in
67an amount not to exceed the premium paid during the first 12
68months of facility operation. Beginning January 1, 1993, the
69operating reserves required under this subsection shall be in an
70unencumbered account held in escrow for the benefit of the
71residents. Such funds may not be encumbered or subject to any
72liens or charges by the escrow agent or judgments, garnishments,
73or creditors' claims against the provider or facility. However,
74if a facility had a lien, mortgage, trust indenture, or similar
75debt instrument in place prior to January 1, 1993, which
76encumbered all or any part of the reserves required by this
77subsection and such funds were used to meet the requirements of
78this subsection, then such arrangement may be continued, unless
79a refinancing or acquisition has occurred, and the provider
80shall be in compliance with this subsection.
81     Section 2.  This act shall take effect July 1, 2006.


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