Florida Senate - 2019                             CS for SB 1070
       
       
        
       By the Committee on Banking and Insurance; and Senator Lee
       
       
       
       
       
       597-02920-19                                          20191070c1
    1                        A bill to be entitled                      
    2         An act relating to continuing care contracts; amending
    3         s. 651.011, F.S.; adding and revising definitions;
    4         amending s. 651.012, F.S.; conforming a cross
    5         reference; deleting an obsolete date; amending s.
    6         651.013, F.S.; adding certain Florida Insurance Code
    7         provisions to the Office of Insurance Regulation’s
    8         authority to regulate providers of continuing care and
    9         continuing care at-home; amending s. 651.019, F.S.;
   10         revising requirements for providers and facilities
   11         relating to financing and refinancing transactions;
   12         amending s. 651.021, F.S.; conforming provisions to
   13         changes made by the act; creating s. 651.0215, F.S.;
   14         specifying conditions, requirements, procedures, and
   15         prohibitions relating to consolidated applications for
   16         provisional certificates of authority and for
   17         certificates of authority and to the office’s review
   18         of such applications; specifying conditions under
   19         which a provider is entitled to secure the release of
   20         certain escrowed funds; providing construction;
   21         amending s. 651.022, F.S.; revising and specifying
   22         requirements, procedures, and prohibitions relating to
   23         applications for provisional certificates of authority
   24         and to the office’s review of such applications;
   25         amending s. 651.023, F.S.; revising and specifying
   26         requirements, procedures, and prohibitions relating to
   27         applications for certificates of authority and to the
   28         office’s review of such applications; conforming
   29         provisions to changes made by the act; amending s.
   30         651.024, F.S.; revising requirements for certain
   31         persons relating to provider acquisitions; specifying
   32         procedures for rebutting a presumption of control;
   33         providing standing to the office to petition a circuit
   34         court in certain proceedings; creating s. 651.0245,
   35         F.S.; specifying procedures, requirements, and a
   36         prohibition relating to an application for the
   37         simultaneous acquisition of a facility and issuance of
   38         a certificate of authority and to the office’s review
   39         of such application; specifying rulemaking
   40         requirements and authority of the Financial Services
   41         Commission; providing standing to the office to
   42         petition a circuit court in certain proceedings;
   43         specifying procedures for rebutting a presumption of
   44         control; creating s. 651.0246, F.S.; specifying
   45         requirements, conditions, procedures, and prohibitions
   46         relating to provider applications to commence
   47         construction or marketing for expansions of
   48         certificated facilities and to the office’s review of
   49         such applications; defining the term “existing units”;
   50         specifying escrow requirements for certain moneys;
   51         specifying conditions under which providers are
   52         entitled to secure release of such moneys; providing
   53         applicability and construction; amending s. 651.026,
   54         F.S.; revising requirements for annual reports filed
   55         by providers with the office; revising the
   56         commission’s rulemaking authority; requiring the
   57         office to annually publish a specified industry
   58         benchmarking report; amending s. 651.0261, F.S.;
   59         requiring providers to file quarterly unaudited
   60         financial statements; authorizing the office to waive
   61         such requirement under certain circumstances;
   62         providing an exception for filing a certain quarterly
   63         statement; revising information that the office may
   64         require providers to file and the circumstances under
   65         which such information must be filed; revising the
   66         commission’s rulemaking authority; amending s.
   67         651.028, F.S.; revising requirements that the office
   68         may waive under certain circumstances; revising the
   69         entities that may qualify for such waiver; requiring
   70         such entities to provide certain information within a
   71         certain timeframe to the office under certain
   72         circumstances; amending s. 651.033, F.S.; revising
   73         applicability of escrow requirements; revising
   74         requirements for escrow accounts and agreements;
   75         revising the office’s authority to allow a withdrawal
   76         of a specified percentage of the required minimum
   77         liquid reserve; revising applicability of requirements
   78         relating to the deposit of certain funds in escrow
   79         accounts; prohibiting an escrow agent, except under
   80         certain circumstances, from releasing or allowing the
   81         transfer of funds; creating s. 651.034, F.S.;
   82         specifying requirements for the office if a regulatory
   83         action level event occurs; specifying requirements for
   84         corrective action plans; authorizing the office to use
   85         members of the Continuing Care Advisory Council and to
   86         retain consultants for certain purposes; requiring
   87         affected providers to bear costs and expenses relating
   88         to such consultants; specifying requirements for, and
   89         authorized actions of, the office and the Department
   90         of Financial Services if an impairment occurs;
   91         providing construction; authorizing the office to
   92         exempt a provider from certain requirements for a
   93         certain timeframe; authorizing the commission to adopt
   94         rules; amending s. 651.035, F.S.; revising minimum
   95         liquid reserve requirements for providers; specifying
   96         requirements, limitations, and procedures for a
   97         provider’s withdrawal of funds held in escrow and the
   98         office’s review of certain requests for withdrawal;
   99         authorizing the office to order certain transfers
  100         under certain circumstances; requiring facilities to
  101         annually file with the office a minimum liquid reserve
  102         calculation; requiring increases in the minimum liquid
  103         reserve to be funded within a certain timeframe;
  104         requiring providers to fund shortfalls in minimum
  105         liquid reserves under certain circumstances within a
  106         certain timeframe; creating s. 651.043, F.S.;
  107         specifying requirements for certain management company
  108         contracts; specifying requirements, procedures, and
  109         authorized actions relating to changes in provider
  110         management and to the office’s review of such changes;
  111         requiring that disapproved management be removed
  112         within a certain timeframe; authorizing the office to
  113         take certain disciplinary actions under certain
  114         circumstances; requiring providers to immediately
  115         remove management under certain circumstances;
  116         amending s. 651.051, F.S.; revising requirements for
  117         the maintenance of provider records and assets;
  118         amending s. 651.055, F.S.; revising a required
  119         statement in continuing care contracts; amending s.
  120         651.057, F.S.; conforming provisions to changes made
  121         by the act; amending s. 651.071, F.S.; specifying the
  122         priority of continuing care contracts and continuing
  123         care at-home contracts in receivership or liquidation
  124         proceedings against a provider; amending s. 651.091,
  125         F.S.; revising requirements for continuing care
  126         facilities relating to posting or providing notices;
  127         amending s. 651.095, F.S.; adding terms to a list of
  128         prohibited terms in certain advertisements; amending
  129         s. 651.105, F.S.; adding a certain Florida Insurance
  130         Code provision to the office’s authority to examine
  131         certain providers and applicants; requiring providers
  132         to respond to the office’s written correspondence and
  133         to provide certain information; providing standing to
  134         the office to petition certain circuit courts for
  135         certain relief; revising, and specifying limitations
  136         on, the office’s examination authority; amending s.
  137         651.106, F.S.; authorizing the office to deny
  138         applications on specified grounds; adding and revising
  139         grounds for suspension or revocation of provisional
  140         certificates of authority and certificates of
  141         authority; creating s. 651.1065, F.S.; prohibiting
  142         certain actions by certain persons of an impaired or
  143         insolvent continuing care facility; providing that
  144         bankruptcy courts or trustees have jurisdiction over
  145         certain matters; requiring the office to approve or
  146         disapprove the continued marketing of new contracts
  147         within a certain timeframe; providing a criminal
  148         penalty; amending s. 651.111, F.S.; defining the term
  149         “inspection”; revising procedures and requirements
  150         relating to requests for inspections to the office;
  151         amending s. 651.114, F.S.; revising and specifying
  152         requirements, procedures, and authorized actions
  153         relating to providers’ corrective action plans;
  154         providing construction; revising and specifying
  155         requirements and procedures relating to delinquency
  156         proceedings against a provider; revising circumstances
  157         under which the office must provide a certain notice
  158         to trustees or lenders; creating s. 651.1141, F.S.;
  159         providing legislative findings; authorizing the office
  160         to issue certain immediate final orders under certain
  161         circumstances; amending s. 651.121, F.S.; revising the
  162         composition of the Continuing Care Advisory Council;
  163         amending s. 651.125, F.S.; revising a prohibition to
  164         include certain actions performed without a valid
  165         provisional certificate of authority; providing
  166         effective dates.
  167          
  168  Be It Enacted by the Legislature of the State of Florida:
  169  
  170         Section 1. Section 651.011, Florida Statutes, is amended to
  171  read:
  172         651.011 Definitions.—As used in this chapter, the term:
  173         (1) “Actuarial opinion” means an opinion issued by an
  174  actuary in accordance with Actuarial Standards of Practice No. 3
  175  for Continuing Care Retirement Communities, Revised Edition,
  176  effective May 1, 2011.
  177         (2) “Actuarial study” means an analysis prepared for an
  178  individual facility, or consolidated for multiple facilities,
  179  for either a certified provider, as of a current valuation date
  180  or the most recent fiscal year, or for an applicant, as of a
  181  projected future valuation date, which includes an actuary’s
  182  opinion as to whether such provider or applicant is in
  183  satisfactory actuarial balance in accordance with Actuarial
  184  Standards of Practice No. 3 for Continuing Care Retirement
  185  Communities, Revised Edition, effective May 1, 2011.
  186         (3) “Actuary” means an individual who is qualified to sign
  187  an actuarial opinion in accordance with the American Academy of
  188  Actuaries’ qualification standards and who is a member in good
  189  standing of the American Academy of Actuaries.
  190         (4)(1) “Advertising” means the dissemination of written,
  191  visual, or electronic information by a provider, or any person
  192  affiliated with or controlled by a provider, to potential
  193  residents or their representatives for the purpose of inducing
  194  such persons to subscribe to or enter into a contract for
  195  continuing care or continuing care at-home.
  196         (5)(2) “Continuing care” or “care” means, pursuant to a
  197  contract, furnishing shelter and nursing care or personal
  198  services to a resident who resides in a facility, whether such
  199  nursing care or personal services are provided in the facility
  200  or in another setting designated in the contract for continuing
  201  care, by an individual not related by consanguinity or affinity
  202  to the resident, upon payment of an entrance fee.
  203         (6)(3) “Continuing Care Advisory Council” or “advisory
  204  council” means the council established in s. 651.121.
  205         (7)(4) “Continuing care at-home” means, pursuant to a
  206  contract other than a contract described in subsection (5) (2),
  207  furnishing to a resident who resides outside the facility the
  208  right to future access to shelter and nursing care or personal
  209  services, whether such services are provided in the facility or
  210  in another setting designated in the contract, by an individual
  211  not related by consanguinity or affinity to the resident, upon
  212  payment of an entrance fee.
  213         (8) “Controlling company” means any corporation, trust, or
  214  association that directly or indirectly owns 25 percent or more
  215  of:
  216         (a) The voting securities of one or more providers or
  217  facilities that are stock corporations; or
  218         (b) The ownership interest of one or more providers or
  219  facilities that are not stock corporations.
  220         (9) “Corrective order” means an order issued by the office
  221  which specifies corrective actions that the office determines
  222  are required in accordance with this chapter or commission rule.
  223         (10)“Days cash on hand” means the quotient obtained by
  224  dividing the value of paragraph (a) by the value of paragraph
  225  (b).
  226         (a)The sum of unrestricted cash, unrestricted short-term
  227  and long-term investments, provider restricted funds, and the
  228  minimum liquid reserve as of the reporting date.
  229         (b)Operating expenses less depreciation, amortization, and
  230  other noncash expenses and nonoperating losses, divided by 365.
  231  Operating expenses, depreciation, amortization, and other
  232  noncash expenses and nonoperating losses are each the sum of
  233  their respective values over the 12-month period ending on the
  234  reporting date.
  235  
  236  With prior written approval of the office, a demand note or
  237  other parental guarantee may be considered a short-term or long
  238  term investment for the purposes of paragraph (a). However, the
  239  total of all demand notes issued by the parent may not, at any
  240  time, be more than the sum of unrestricted cash and unrestricted
  241  short-term and long-term investments held by the parent.
  242         (11) “Debt service coverage ratio” means the quotient
  243  obtained by dividing the value of paragraph (a) by the value of
  244  paragraph (b).
  245         (a)The sum of total expenses less interest expense on the
  246  debt facility, depreciation, amortization, and other noncash
  247  expense and nonoperating losses, subtracted from the sum of
  248  total revenues, excluding noncash revenues and nonoperating
  249  gains, and gross entrance fees received less earned entrance
  250  fees and refunds paid. Expenses, interest expense on the debt
  251  facility, depreciation, amortization, and other noncash expense
  252  and nonoperating losses, revenues, noncash revenues,
  253  nonoperating gains, gross entrance fees, earned entrance fees,
  254  and refunds are each the sum of their respective values over the
  255  12-month period ending on the reporting date.
  256         (b)Total annual principal and interest expense due on the
  257  debt facility over the 12-month period ending on the reporting
  258  date. For the purposes of this paragraph, principal excludes any
  259  balloon principal payment amounts, and interest expense due is
  260  the sum of the interest over the 12-month period immediately
  261  preceding the reporting date.
  262         (12) “Department” means the Department of Financial
  263  Services.
  264         (13)(5) “Entrance fee” means an initial or deferred payment
  265  of a sum of money or property made as full or partial payment
  266  for continuing care or continuing care at-home. An accommodation
  267  fee, admission fee, member fee, or other fee of similar form and
  268  application are considered to be an entrance fee.
  269         (14)(6) “Facility” means a place where continuing care is
  270  furnished and may include one or more physical plants on a
  271  primary or contiguous site or an immediately accessible site. As
  272  used in this subsection, the term “immediately accessible site”
  273  means a parcel of real property separated by a reasonable
  274  distance from the facility as measured along public
  275  thoroughfares, and the term “primary or contiguous site” means
  276  the real property contemplated in the feasibility study required
  277  by this chapter.
  278         (7) “Generally accepted accounting principles” means those
  279  accounting principles and practices adopted by the Financial
  280  Accounting Standards Board and the American Institute of
  281  Certified Public Accountants, including Statement of Position
  282  90-8 with respect to any full year to which the statement
  283  applies.
  284         (15) “Impaired” or “impairment” means that either of the
  285  following has occurred:
  286         (a) A provider has failed to maintain its minimum liquid
  287  reserve as required under s. 651.035, unless the provider has
  288  received prior written approval from the office for a withdrawal
  289  pursuant to s. 651.035(6) and is compliant with the approved
  290  payment schedule.
  291         (b)Beginning January 1, 2021:
  292         1.For a provider with mortgage financing from a third
  293  party lender or a public bond issue, the provider’s debt service
  294  coverage ratio is less than 1.00:1 and the provider’s days cash
  295  on hand is less than 90; or
  296         2.For a provider without mortgage financing from a third
  297  party lender or public bond issue, the provider’s days cash on
  298  hand is less than 90.
  299  
  300  If the provider is a member of an obligated group having cross
  301  collateralized debt, the obligated group’s debt service coverage
  302  ratio and days cash on hand must be used to determine if the
  303  provider is impaired.
  304         (16)(8) “Insolvency” means the condition in which a the
  305  provider is unable to pay its obligations as they come due in
  306  the normal course of business.
  307         (17)(9) “Licensed” means that a the provider has obtained a
  308  certificate of authority from the office department.
  309         (18) “Manager”, “management,” or “management company” means
  310  a person who administers the day-to-day business operations of a
  311  facility for a provider, subject to the policies, directives,
  312  and oversight of the provider.
  313         (19)(10) “Nursing care” means those services or acts
  314  rendered to a resident by an individual licensed or certified
  315  pursuant to chapter 464.
  316         (20) “Obligated group” means one or more entities that
  317  jointly agree to be bound by a financing structure containing
  318  security provisions and covenants applicable to the group. For
  319  the purposes of this subsection, debt issued under such a
  320  financing structure must be a joint and several obligation of
  321  each member of the group.
  322         (21) “Occupancy” means the total number of occupied
  323  independent living units, assisted living units, and skilled
  324  nursing beds in a facility divided by the total number of units
  325  and beds in that facility, excluding units and beds that are
  326  unavailable to market or that are reserved by prospective
  327  residents.
  328         (22)(11) “Personal services” has the same meaning as in s.
  329  429.02.
  330         (23)(12) “Provider” means the owner or operator, whether a
  331  natural person, partnership or other unincorporated association,
  332  however organized, trust, or corporation, of an institution,
  333  building, residence, or other place, whether operated for profit
  334  or not, which owner or operator provides continuing care or
  335  continuing care at-home for a fixed or variable fee, or for any
  336  other remuneration of any type, whether fixed or variable, for
  337  the period of care, payable in a lump sum or lump sum and
  338  monthly maintenance charges or in installments. The term does
  339  not apply to an entity that has existed and continuously
  340  operated a facility located on at least 63 acres in this state
  341  providing residential lodging to members and their spouses for
  342  at least 66 years on or before July 1, 1989, and has the
  343  residential capacity of 500 persons, is directly or indirectly
  344  owned or operated by a nationally recognized fraternal
  345  organization, is not open to the public, and accepts only its
  346  members and their spouses as residents.
  347         (24)(13) “Records” means all documents, correspondence, and
  348  the permanent financial, directory, and personnel information
  349  and data maintained by a provider pursuant to this chapter,
  350  regardless of the physical form, characteristics, or means of
  351  transmission.
  352         (25) “Regulatory action level event” means that any two of
  353  the following have occurred:
  354         (a)The provider’s debt service coverage ratio is less than
  355  the minimum ratio specified in the provider’s bond covenants or
  356  lending agreement for long-term financing, or, if the provider
  357  does not have a debt service coverage ratio required by its
  358  lending institution, the provider’s debt service coverage ratio
  359  is less than 1.20:1 as of the most recent report filed with the
  360  office. If the provider is a member of an obligated group having
  361  cross-collateralized debt, the obligated group’s debt service
  362  coverage ratio must be used as the provider’s debt service
  363  coverage ratio.
  364         (b)The provider’s days cash on hand is less than the
  365  minimum number of days cash on hand specified in the provider’s
  366  bond covenants or lending agreement for long-term financing. If
  367  the provider does not have a days cash on hand required by its
  368  lending institution, the days cash on hand may not be less than
  369  100 as of the most recent report filed with the office. If the
  370  provider is a member of an obligated group having cross
  371  collateralized debt, the days cash on hand of the obligated
  372  group must be used as the provider’s days cash on hand.
  373         (c) The 12-month average occupancy of the provider’s
  374  facility is less than 80 percent. The average occupancy must be
  375  calculated using the facility’s occupancy as of the last day of
  376  each month.
  377         (26)(14) “Resident” means a purchaser of, a nominee of, or
  378  a subscriber to a continuing care or continuing care at-home
  379  contract. Such contract does not give the resident a part
  380  ownership of the facility in which the resident is to reside,
  381  unless expressly provided in the contract.
  382         (27)(15) “Shelter” means an independent living unit, room,
  383  apartment, cottage, villa, personal care unit, nursing bed, or
  384  other living area within a facility set aside for the exclusive
  385  use of one or more identified residents.
  386         Section 2. Section 651.012, Florida Statutes, is amended to
  387  read:
  388         651.012 Exempted facility; written disclosure of
  389  exemption.—Any facility exempted under ss. 632.637(1)(e) and
  390  651.011(23) 651.011(12) must provide written disclosure of such
  391  exemption to each person admitted to the facility after October
  392  1, 1996. This disclosure must be written using language likely
  393  to be understood by the person and must briefly explain the
  394  exemption.
  395         Section 3. Subsection (2) of section 651.013, Florida
  396  Statutes, is amended to read:
  397         651.013 Chapter exclusive; applicability of other laws.—
  398         (2) In addition to other applicable provisions cited in
  399  this chapter, the office has the authority granted under ss.
  400  624.302 and 624.303, 624.307-624.312, 624.318 624.308-624.312,
  401  624.319(1)-(3), 624.320-624.321, 624.324, and 624.34, and
  402  624.422 of the Florida Insurance Code to regulate providers of
  403  continuing care and continuing care at-home.
  404         Section 4. Section 651.019, Florida Statutes, is amended to
  405  read:
  406         651.019 New financing, additional financing, or
  407  refinancing.—
  408         (1)(a)A provider shall provide a written general outline
  409  of the amount and the anticipated terms of any new financing or
  410  refinancing, and the intended use of proceeds, to the residents’
  411  council at least 30 days before the closing date of the
  412  financing or refinancing transaction. If there is a material
  413  change in the noticed information, a provider shall provide an
  414  updated notice to the residents’ council within 10 business days
  415  after the provider becomes aware of such change.
  416         (b) If the facility does not have a residents’ council, the
  417  facility must make available, in the same manner as other
  418  community notices, the information required under paragraph (a)
  419  After issuance of a certificate of authority, the provider shall
  420  submit to the office a general outline, including intended use
  421  of proceeds, with respect to any new financing, additional
  422  financing, or refinancing at least 30 days before the closing
  423  date of such financing transaction.
  424         (2) Within 30 days after the closing date of such financing
  425  or refinancing transaction, The provider shall furnish any
  426  information the office may reasonably request in connection with
  427  any new financing, additional financing, or refinancing,
  428  including, but not limited to, the financing agreements and any
  429  related documents, escrow or trust agreements, and statistical
  430  or financial data. the provider shall also submit to the office
  431  copies of executed financing documents, escrow or trust
  432  agreements prepared in support of such financing or refinancing
  433  transaction, and a copy of all documents required to be
  434  submitted to the residents’ council under paragraph (1)(a)
  435  within 30 days after the closing date.
  436         Section 5. Section 651.021, Florida Statutes, is amended to
  437  read:
  438         651.021 Certificate of authority required.—
  439         (1)A No person may not engage in the business of providing
  440  continuing care, issuing contracts for continuing care or
  441  continuing care at-home, or constructing a facility for the
  442  purpose of providing continuing care in this state without a
  443  certificate of authority obtained from the office as provided in
  444  this chapter. This section subsection does not prohibit the
  445  preparation of a construction site or construction of a model
  446  residence unit for marketing purposes, or both. The office may
  447  allow the purchase of an existing building for the purpose of
  448  providing continuing care if the office determines that the
  449  purchase is not being made to circumvent the prohibitions in
  450  this section.
  451         (2) Written approval must be obtained from the office
  452  before commencing construction or marketing for an expansion of
  453  a certificated facility equivalent to the addition of at least
  454  20 percent of existing units or 20 percent or more in the number
  455  of continuing care at-home contracts. This provision does not
  456  apply to construction for which a certificate of need from the
  457  Agency for Health Care Administration is required.
  458         (a) For providers that offer both continuing care and
  459  continuing care at-home, the 20 percent is based on the total of
  460  both existing units and existing contracts for continuing care
  461  at-home. For purposes of this subsection, an expansion includes
  462  increases in the number of constructed units or continuing care
  463  at-home contracts or a combination of both.
  464         (b) The application for such approval shall be on forms
  465  adopted by the commission and provided by the office. The
  466  application must include the feasibility study required by s.
  467  651.022(3) or s. 651.023(1)(b) and such other information as
  468  required by s. 651.023. If the expansion is only for continuing
  469  care at-home contracts, an actuarial study prepared by an
  470  independent actuary in accordance with standards adopted by the
  471  American Academy of Actuaries which presents the financial
  472  impact of the expansion may be substituted for the feasibility
  473  study.
  474         (c) In determining whether an expansion should be approved,
  475  the office shall use the criteria provided in ss. 651.022(6) and
  476  651.023(4).
  477         Section 6. Section 651.0215, Florida Statutes, is created
  478  to read:
  479         651.0215 Consolidated application for a provisional
  480  certificate of authority and a certificate of authority;
  481  required restrictions on use of entrance fees.—
  482         (1)For an applicant to qualify for a certificate of
  483  authority without first obtaining a provisional certificate of
  484  authority, all of the following conditions must be met:
  485         (a)All reservation deposits and entrance fees must be
  486  placed in escrow in accordance with s. 651.033. The applicant
  487  may not use or pledge any part of an initial entrance fee for
  488  the construction or purchase of the facility or as security for
  489  long-term financing.
  490         (b)The reservation deposit may not exceed the lesser of
  491  $40,000 or 10 percent of the then-current fee for the unit
  492  selected by a resident and must be refundable at any time before
  493  the resident takes occupancy of the selected unit.
  494         (c)The resident contract must state that collection of the
  495  balance of the entrance fee is to occur after the resident is
  496  notified that his or her selected unit is available for
  497  occupancy and on or before the occupancy date.
  498         (2)The consolidated application must be on a form
  499  prescribed by the commission and must contain all of the
  500  following information:
  501         (a)All of the information required under s. 651.022(2).
  502         (b)A feasibility study prepared by an independent
  503  consultant which contains all of the information required by s.
  504  651.022(3) and financial forecasts or projections prepared in
  505  accordance with standards adopted by the American Institute of
  506  Certified Public Accountants or in accordance with standards for
  507  feasibility studies for continuing care retirement communities
  508  adopted by the Actuarial Standards Board.
  509         1.The feasibility study must take into account project
  510  costs, actual marketing results to date and marketing
  511  projections, resident fees and charges, competition, resident
  512  contract provisions, and other factors that affect the
  513  feasibility of operating the facility.
  514         2.If the feasibility study is prepared by an independent
  515  certified public accountant, it must contain an examination
  516  report, or a compilation report acceptable to the office,
  517  containing a financial forecast or projections for the first 5
  518  years of operations which take into account an actuary’s
  519  mortality and morbidity assumptions as the study relates to
  520  turnover, rates, fees, and charges. If the study is prepared by
  521  an independent consulting actuary, it must contain mortality and
  522  morbidity assumptions as it relates to turnover, rates, fees,
  523  and charges and an actuary’s signed opinion that the project as
  524  proposed is feasible and that the study has been prepared in
  525  accordance with Actuarial Standards of Practice No. 3 for
  526  Continuing Care Retirement Communities, Revised Edition,
  527  effective May 1, 2011.
  528         (c) Documents evidencing that commitments have been secured
  529  for construction financing and long-term financing or that a
  530  documented plan acceptable to the office has been adopted by the
  531  applicant for long-term financing.
  532         (d) Documents evidencing that all conditions of the lender
  533  have been satisfied to activate the commitment to disburse
  534  funds, other than the obtaining of the certificate of authority,
  535  the completion of construction, or the closing of the purchase
  536  of realty or buildings for the facility.
  537         (e) Documents evidencing that the aggregate amount of
  538  entrance fees received by or pledged to the applicant, plus
  539  anticipated proceeds from any long-term financing commitment and
  540  funds from all other sources in the actual possession of the
  541  applicant, equal at least 100 percent of the aggregate cost of
  542  constructing or purchasing, equipping, and furnishing the
  543  facility plus 100 percent of the anticipated startup losses of
  544  the facility.
  545         (f) A complete audited financial report of the applicant,
  546  prepared by an independent certified public accountant in
  547  accordance with generally accepted accounting principles, as of
  548  the date the applicant commenced business operations or for the
  549  fiscal year that ended immediately preceding the date of
  550  application, whichever is later; and complete unaudited
  551  quarterly financial statements attested to by the applicant
  552  after the date of the last audit.
  553         (g) Documents evidencing that the applicant will be able to
  554  comply with s. 651.035.
  555         (h) Such other reasonable data, financial statements, and
  556  pertinent information as the commission or office may require
  557  with respect to the applicant or the facility to determine the
  558  financial status of the facility and the management capabilities
  559  of its managers and owners.
  560  
  561  If any material change occurs in the facts set forth in an
  562  application filed with the office pursuant to this subsection,
  563  an amendment setting forth such change must be filed with the
  564  office within 10 business days after the applicant becomes aware
  565  of such change, and a copy of the amendment must be sent by
  566  registered mail to the principal office of the facility and to
  567  the principal office of the controlling company.
  568         (3) If an applicant has or proposes to have more than one
  569  facility offering continuing care or continuing care at-home, a
  570  separate certificate of authority must be obtained for each
  571  facility.
  572         (4) Within 45 days after receipt of the information
  573  required under subsection (2), the office shall examine the
  574  information and notify the applicant in writing, specifically
  575  requesting any additional information that the office is
  576  authorized to require. An application is deemed complete when
  577  the office receives all requested information and the applicant
  578  corrects any error or omission of which the applicant was timely
  579  notified or when the time for such notification has expired.
  580  Within 15 days after receipt of all of the requested additional
  581  information, the office shall notify the applicant in writing
  582  that all of the requested information has been received and that
  583  the application is deemed complete as of the date of the notice.
  584  Failure to notify the applicant in writing within the 15-day
  585  period constitutes acknowledgment by the office that it has
  586  received all requested additional information, and the
  587  application is deemed complete for purposes of review on the
  588  date the applicant files all of the required additional
  589  information.
  590         (5) Within 45 days after an application is deemed complete
  591  as set forth in subsection (4) and upon completion of the
  592  remaining requirements of this section, the office shall
  593  complete its review and issue or deny a certificate of authority
  594  to the applicant. If a certificate of authority is denied, the
  595  office shall notify the applicant in writing, citing the
  596  specific failures to satisfy this chapter, and the applicant is
  597  entitled to an administrative hearing pursuant to chapter 120.
  598         (6)The office shall issue a certificate of authority upon
  599  determining that the applicant meets all of the requirements of
  600  law and has submitted all of the information required under this
  601  section, that all escrow requirements have been satisfied, and
  602  that the fees prescribed in s. 651.015(2) have been paid.
  603         (7) The issuance of a certificate of authority entitles the
  604  applicant to begin construction and collect reservation deposits
  605  and entrance fees from prospective residents. The reservation
  606  contract must state the cancellation policy and the terms of the
  607  continuing care contract. All or any part of an entrance fee or
  608  reservation deposit collected must be placed in an escrow
  609  account or on deposit with the department pursuant to s.
  610  651.033.
  611         (8) The provider is entitled to secure release of the
  612  moneys held in escrow within 7 days after the office receives an
  613  affidavit from the provider, along with appropriate
  614  documentation to verify, and notification is provided to the
  615  escrow agent by certified mail, that all of the following
  616  conditions have been satisfied:
  617         (a) A certificate of occupancy has been issued.
  618         (b) Payment in full has been received for at least 70
  619  percent of the total units of a phase or of the total of the
  620  combined phases constructed. If a provider offering continuing
  621  care at-home is applying for a release of escrowed entrance
  622  fees, the same minimum requirement must be met for the
  623  continuing care contracts and for the continuing care at-home
  624  contracts independently of each other.
  625         (c) The provider has evidence of sufficient funds to meet
  626  the requirements of s. 651.035, which may include funds
  627  deposited in the initial entrance fee account.
  628         (d) Documents evidencing the intended application of the
  629  proceeds upon release and documents evidencing that the entrance
  630  fees, when released, will be applied as represented to the
  631  office.
  632         (9) The office may not approve any application that
  633  includes in the plan of financing any encumbrance of the
  634  operating reserves or renewal and replacement reserves required
  635  by this chapter.
  636         (10)The office may not issue a certificate of authority to
  637  a facility that does not have a component that is to be licensed
  638  pursuant to part II of chapter 400 or part I of chapter 429, or
  639  that does not offer personal services or nursing services
  640  through written contractual agreement. A written contractual
  641  agreement must be disclosed in the contract for continuing care
  642  or continuing care at-home and is subject to s. 651.1151.
  643         Section 7. Subsections (2), (3), (6), and (8) of section
  644  651.022, Florida Statutes, are amended, and subsection (5) of
  645  that section is republished, to read:
  646         651.022 Provisional certificate of authority; application.—
  647         (2) The application for a provisional certificate of
  648  authority must shall be on a form prescribed by the commission
  649  and must shall contain the following information:
  650         (a) If the applicant or provider is a corporation, a copy
  651  of the articles of incorporation and bylaws; if the applicant or
  652  provider is a partnership or other unincorporated association, a
  653  copy of the partnership agreement, articles of association, or
  654  other membership agreement; and, if the applicant or provider is
  655  a trust, a copy of the trust agreement or instrument.
  656         (b) The full names, residences, and business addresses of:
  657         1. The proprietor, if the applicant or provider is an
  658  individual.
  659         2. Every partner or member, if the applicant or provider is
  660  a partnership or other unincorporated association, however
  661  organized, having fewer than 50 partners or members, together
  662  with the business name and address of the partnership or other
  663  organization.
  664         3. The principal partners or members, if the applicant or
  665  provider is a partnership or other unincorporated association,
  666  however organized, having 50 or more partners or members,
  667  together with the business name and business address of the
  668  partnership or other organization. If such unincorporated
  669  organization has officers and a board of directors, the full
  670  name and business address of each officer and director may be
  671  set forth in lieu of the full name and business address of its
  672  principal members.
  673         4. The corporation and each officer and director thereof,
  674  if the applicant or provider is a corporation.
  675         5. Every trustee and officer, if the applicant or provider
  676  is a trust.
  677         6. The manager, whether an individual, corporation,
  678  partnership, or association.
  679         7. Any stockholder holding at least a 10 percent interest
  680  in the operations of the facility in which the care is to be
  681  offered.
  682         8. Any person whose name is required to be provided in the
  683  application under this paragraph and who owns any interest in or
  684  receives any remuneration from, directly or indirectly, any
  685  professional service firm, association, trust, partnership, or
  686  corporation providing goods, leases, or services to the facility
  687  for which the application is made, with a real or anticipated
  688  value of $10,000 or more, and the name and address of the
  689  professional service firm, association, trust, partnership, or
  690  corporation in which such interest is held. The applicant shall
  691  describe such goods, leases, or services and the probable cost
  692  to the facility or provider and shall describe why such goods,
  693  leases, or services should not be purchased from an independent
  694  entity.
  695         9. Any person, corporation, partnership, association, or
  696  trust owning land or property leased to the facility, along with
  697  a copy of the lease agreement.
  698         10. Any affiliated parent or subsidiary corporation or
  699  partnership.
  700         (c)1. Evidence that the applicant is reputable and of
  701  responsible character. If the applicant is a firm, association,
  702  organization, partnership, business trust, corporation, or
  703  company, the form must shall require evidence that the members
  704  or shareholders are reputable and of responsible character, and
  705  the person in charge of providing care under a certificate of
  706  authority are shall likewise be required to produce evidence of
  707  being reputable and of responsible character.
  708         2. Evidence satisfactory to the office of the ability of
  709  the applicant to comply with the provisions of this chapter and
  710  with rules adopted by the commission pursuant to this chapter.
  711         3. A statement of whether a person identified in the
  712  application for a provisional certificate of authority or the
  713  administrator or manager of the facility, if such person has
  714  been designated, or any such person living in the same location:
  715         a. Has been convicted of a felony or has pleaded nolo
  716  contendere to a felony charge, or has been held liable or has
  717  been enjoined in a civil action by final judgment, if the felony
  718  or civil action involved fraud, embezzlement, fraudulent
  719  conversion, or misappropriation of property.
  720         b. Is subject to a currently effective injunctive or
  721  restrictive order or federal or state administrative order
  722  relating to business activity or health care as a result of an
  723  action brought by a public agency or department, including,
  724  without limitation, an action affecting a license under chapter
  725  400 or chapter 429.
  726  
  727  The statement must shall set forth the court or agency, the date
  728  of conviction or judgment, and the penalty imposed or damages
  729  assessed, or the date, nature, and issuer of the order. Before
  730  determining whether a provisional certificate of authority is to
  731  be issued, the office may make an inquiry to determine the
  732  accuracy of the information submitted pursuant to subparagraphs
  733  1., 2., and 3. 1. and 2.
  734         (d) The contracts for continuing care and continuing care
  735  at-home to be entered into between the provider and residents
  736  which meet the minimum requirements of s. 651.055 or s. 651.057
  737  and which include a statement describing the procedures required
  738  by law relating to the release of escrowed entrance fees. Such
  739  statement may be furnished through an addendum.
  740         (e) Any advertisement or other written material proposed to
  741  be used in the solicitation of residents.
  742         (f) Such other reasonable data, financial statements, and
  743  pertinent information as the commission or office may reasonably
  744  require with respect to the provider or the facility, including
  745  the most recent audited financial report statements of
  746  comparable facilities currently or previously owned, managed, or
  747  developed by the applicant or its principal, to assist in
  748  determining the financial viability of the project and the
  749  management capabilities of its managers and owners.
  750         (g) The forms of the residency contracts, reservation
  751  contracts, escrow agreements, and wait list contracts, if
  752  applicable, which are proposed to be used by the provider in the
  753  furnishing of care. The office shall approve contracts and
  754  escrow agreements that comply with ss. 651.023(1)(c), 651.033,
  755  651.055, and 651.057. Thereafter, no other form of contract or
  756  agreement may be used by the provider until it has been
  757  submitted to the office and approved.
  758  
  759  If any material change occurs in the facts set forth in an
  760  application filed with the office pursuant to this subsection,
  761  an amendment setting forth such change must be filed with the
  762  office within 10 business days after the applicant becomes aware
  763  of such change, and a copy of the amendment must be sent by
  764  registered mail to the principal office of the facility and to
  765  the principal office of the controlling company.
  766         (3) In addition to the information required in subsection
  767  (2), an applicant for a provisional certificate of authority
  768  shall submit a market feasibility study with appropriate
  769  financial, marketing, and actuarial assumptions for the first 5
  770  years of operations. The market feasibility study must shall
  771  include at least the following information:
  772         (a) A description of the proposed facility, including the
  773  location, size, anticipated completion date, and the proposed
  774  construction program.
  775         (b) An identification and evaluation of the primary and, if
  776  appropriate, the secondary market areas of the facility and the
  777  projected unit sales per month.
  778         (c) Projected revenues, including anticipated entrance
  779  fees; monthly service fees; nursing care revenues rates, if
  780  applicable; and all other sources of revenue, including the
  781  total amount of debt financing required.
  782         (d) Projected expenses, including staffing requirements and
  783  salaries; cost of property, plant, and equipment, including
  784  depreciation expense; interest expense; marketing expense; and
  785  other operating expenses.
  786         (e) A projected balance sheet Current assets and
  787  liabilities of the applicant.
  788         (f) Expectations of the financial condition of the project,
  789  including the projected cash flow, and a projected balance sheet
  790  and an estimate of the funds anticipated to be necessary to
  791  cover startup losses.
  792         (g) The inflation factor, if any, assumed in the
  793  feasibility study for the proposed facility and how and where it
  794  is applied.
  795         (h) Project costs and the total amount of debt financing
  796  required, marketing projections, resident fees and charges, the
  797  competition, resident contract provisions, and other factors
  798  that which affect the feasibility of the facility.
  799         (i) Appropriate population projections, including morbidity
  800  and mortality assumptions.
  801         (j) The name of the person who prepared the feasibility
  802  study and the experience of such person in preparing similar
  803  studies or otherwise consulting in the field of continuing care.
  804  The preparer of the feasibility study may be the provider or a
  805  contracted third party.
  806         (k) Any other information that the applicant deems relevant
  807  and appropriate to enable the office to make a more informed
  808  determination.
  809         (5)(a) Within 30 days after receipt of an application for a
  810  provisional certificate of authority, the office shall examine
  811  the application and shall notify the applicant in writing,
  812  specifically setting forth and specifically requesting any
  813  additional information the office is permitted by law to
  814  require. If the application submitted is determined by the
  815  office to be substantially incomplete so as to require
  816  substantial additional information, including biographical
  817  information, the office may return the application to the
  818  applicant with a written notice that the application as received
  819  is substantially incomplete and, therefore, unacceptable for
  820  filing without further action required by the office. Any filing
  821  fee received shall be refunded to the applicant.
  822         (b) Within 15 days after receipt of all of the requested
  823  additional information, the office shall notify the applicant in
  824  writing that all of the requested information has been received
  825  and the application is deemed to be complete as of the date of
  826  the notice. Failure to so notify the applicant in writing within
  827  the 15-day period shall constitute acknowledgment by the office
  828  that it has received all requested additional information, and
  829  the application shall be deemed to be complete for purposes of
  830  review upon the date of the filing of all of the requested
  831  additional information.
  832         (6) Within 45 days after the date an application is deemed
  833  complete as set forth in paragraph (5)(b), the office shall
  834  complete its review and issue a provisional certificate of
  835  authority to the applicant based upon its review and a
  836  determination that the application meets all requirements of
  837  law, that the feasibility study was based on sufficient data and
  838  reasonable assumptions, and that the applicant will be able to
  839  provide continuing care or continuing care at-home as proposed
  840  and meet all financial and contractual obligations related to
  841  its operations, including the financial requirements of this
  842  chapter. If the application is denied, the office shall notify
  843  the applicant in writing, citing the specific failures to meet
  844  the provisions of this chapter. Such denial entitles the
  845  applicant to a hearing pursuant to chapter 120.
  846         (8) The office may shall not approve any application that
  847  which includes in the plan of financing any encumbrance of the
  848  operating reserves or renewal and replacement reserves required
  849  by this chapter.
  850         Section 8. Subsections (1) and (4) through (9) of section
  851  651.023, Florida Statutes, are amended, and subsection (2) of
  852  that section is republished, to read:
  853         651.023 Certificate of authority; application.—
  854         (1) After issuance of a provisional certificate of
  855  authority, the office shall issue to the holder of such
  856  provisional certificate a certificate of authority if the holder
  857  of the provisional certificate provides the office with the
  858  following information:
  859         (a) Any material change in status with respect to the
  860  information required to be filed under s. 651.022(2) in the
  861  application for the provisional certificate.
  862         (b) A feasibility study prepared by an independent
  863  consultant which contains all of the information required by s.
  864  651.022(3) and financial forecasts or projections prepared in
  865  accordance with standards adopted by the American Institute of
  866  Certified Public Accountants or in accordance with standards for
  867  feasibility studies or continuing care retirement communities
  868  adopted by the Actuarial Standards Board.
  869         1. The study must also contain an independent evaluation
  870  and examination opinion, or a comparable opinion acceptable to
  871  the office, by the consultant who prepared the study, of the
  872  underlying assumptions used as a basis for the forecasts or
  873  projections in the study and that the assumptions are reasonable
  874  and proper and the project as proposed is feasible.
  875         1.2. The study must take into account project costs, actual
  876  marketing results to date and marketing projections, resident
  877  fees and charges, competition, resident contract provisions, and
  878  any other factors which affect the feasibility of operating the
  879  facility.
  880         2.3. If the study is prepared by an independent certified
  881  public accountant, it must contain an examination opinion or a
  882  compilation report acceptable to the office containing a
  883  financial forecast or projections for the first 5 3 years of
  884  operations which take into account an actuary’s mortality and
  885  morbidity assumptions as the study relates to turnover, rates,
  886  fees, and charges and financial projections having a compilation
  887  opinion for the next 3 years. If the study is prepared by an
  888  independent consulting actuary, it must contain mortality and
  889  morbidity assumptions as the study relates to turnover, rates,
  890  fees, and charges data and an actuary’s signed opinion that the
  891  project as proposed is feasible and that the study has been
  892  prepared in accordance with standards adopted by the American
  893  Academy of Actuaries.
  894         (c) Subject to subsection (4), a provider may submit an
  895  application for a certificate of authority and any required
  896  exhibits upon submission of documents evidencing proof that the
  897  project has a minimum of 30 percent of the units reserved for
  898  which the provider is charging an entrance fee. This does not
  899  apply to an application for a certificate of authority for the
  900  acquisition of a facility for which a certificate of authority
  901  was issued before October 1, 1983, to a provider who
  902  subsequently becomes a debtor in a case under the United States
  903  Bankruptcy Code, 11 U.S.C. ss. 101 et seq., or to a provider for
  904  which the department has been appointed receiver pursuant to
  905  part II of chapter 631.
  906         (d) Documents evidencing Proof that commitments have been
  907  secured for both construction financing and long-term financing
  908  or a documented plan acceptable to the office has been adopted
  909  by the applicant for long-term financing.
  910         (e) Documents evidencing Proof that all conditions of the
  911  lender have been satisfied to activate the commitment to
  912  disburse funds other than the obtaining of the certificate of
  913  authority, the completion of construction, or the closing of the
  914  purchase of realty or buildings for the facility.
  915         (f) Documents evidencing Proof that the aggregate amount of
  916  entrance fees received by or pledged to the applicant, plus
  917  anticipated proceeds from any long-term financing commitment,
  918  plus funds from all other sources in the actual possession of
  919  the applicant, equal at least 100 percent of the aggregate cost
  920  of constructing or purchasing, equipping, and furnishing the
  921  facility plus 100 percent of the anticipated startup losses of
  922  the facility.
  923         (g) A complete audited financial report statements of the
  924  applicant, prepared by an independent certified public
  925  accountant in accordance with generally accepted accounting
  926  principles, as of the date the applicant commenced business
  927  operations or for the fiscal year that ended immediately
  928  preceding the date of application, whichever is later, and
  929  complete unaudited quarterly financial statements attested to by
  930  the applicant after the date of the last audit.
  931         (h) Documents evidencing Proof that the applicant has
  932  complied with the escrow requirements of subsection (5) or
  933  subsection (7) and will be able to comply with s. 651.035.
  934         (i) Such other reasonable data, financial statements, and
  935  pertinent information as the commission or office may require
  936  with respect to the applicant or the facility, to determine the
  937  financial status of the facility and the management capabilities
  938  of its managers and owners.
  939  
  940  If any material change occurs in the facts set forth in an
  941  application filed with the office pursuant to this subsection,
  942  an amendment setting forth such change must be filed with the
  943  office within 10 business days after the applicant becomes aware
  944  of such change, and a copy of the amendment must be sent by
  945  registered mail to the principal office of the facility and to
  946  the principal office of the controlling company.
  947         (2) Within 30 days after receipt of the information
  948  required under subsection (1), the office shall examine such
  949  information and notify the provider in writing, specifically
  950  requesting any additional information the office is permitted by
  951  law to require. Within 15 days after receipt of all of the
  952  requested additional information, the office shall notify the
  953  provider in writing that all of the requested information has
  954  been received and the application is deemed to be complete as of
  955  the date of the notice. Failure to notify the applicant in
  956  writing within the 15-day period constitutes acknowledgment by
  957  the office that it has received all requested additional
  958  information, and the application shall be deemed complete for
  959  purposes of review on the date of filing all of the required
  960  additional information.
  961         (4) The office shall issue a certificate of authority upon
  962  determining that the applicant meets all requirements of law and
  963  has submitted all of the information required by this section,
  964  that all escrow requirements have been satisfied, and that the
  965  fees prescribed in s. 651.015(2) have been paid.
  966         (a) A Notwithstanding satisfaction of the 30-percent
  967  minimum reservation requirement of paragraph (1)(c), no
  968  certificate of authority may not shall be issued until
  969  documentation evidencing that the project has a minimum of 50
  970  percent of the units reserved for which the provider is charging
  971  an entrance fee, and proof is provided to the office. If a
  972  provider offering continuing care at-home is applying for a
  973  certificate of authority or approval of an expansion pursuant to
  974  s. 651.021(2), the same minimum reservation requirements must be
  975  met for the continuing care and continuing care at-home
  976  contracts, independently of each other.
  977         (b) In order for a unit to be considered reserved under
  978  this section, the provider must collect a minimum deposit of the
  979  lesser of $40,000 or 10 percent of the then-current entrance fee
  980  for that unit, and may assess a forfeiture penalty of 2 percent
  981  of the entrance fee due to termination of the reservation
  982  contract after 30 days for any reason other than the death or
  983  serious illness of the resident, the failure of the provider to
  984  meet its obligations under the reservation contract, or other
  985  circumstances beyond the control of the resident that equitably
  986  entitle the resident to a refund of the resident’s deposit. The
  987  reservation contract must state the cancellation policy and the
  988  terms of the continuing care or continuing care at-home contract
  989  to be entered into.
  990         (5) Up to 25 percent of the moneys paid for all or any part
  991  of an initial entrance fee may be included or pledged for the
  992  construction or purchase of the facility or as security for
  993  long-term financing. As used in this section, the term “initial
  994  entrance fee” means the total entrance fee charged by the
  995  facility to the first occupant of a unit.
  996         (a) A minimum of 75 percent of the moneys paid for all or
  997  any part of an initial entrance fee collected for continuing
  998  care or continuing care at-home must shall be placed in an
  999  escrow account or on deposit with the department as prescribed
 1000  in s. 651.033.
 1001         (b) For an expansion as provided in s. 651.021(2), a
 1002  minimum of 75 percent of the moneys paid for all or any part of
 1003  an initial entrance fee collected for continuing care and 50
 1004  percent of the moneys paid for all or any part of an initial fee
 1005  collected for continuing care at-home shall be placed in an
 1006  escrow account or on deposit with the department as prescribed
 1007  in s. 651.033.
 1008         (6) The provider is entitled to secure release of the
 1009  moneys held in escrow within 7 days after receipt by the office
 1010  of an affidavit from the provider, along with appropriate copies
 1011  to verify, and notification to the escrow agent by certified
 1012  mail, that the following conditions have been satisfied:
 1013         (a) A certificate of occupancy has been issued.
 1014         (b) Payment in full has been received for at least 70
 1015  percent of the total units of a phase or of the total of the
 1016  combined phases constructed. If a provider offering continuing
 1017  care at-home is applying for a release of escrowed entrance
 1018  fees, the same minimum requirement must be met for the
 1019  continuing care and continuing care at-home contracts,
 1020  independently of each other.
 1021         (c) The consultant who prepared the feasibility study
 1022  required by this section or a substitute approved by the office
 1023  certifies within 12 months before the date of filing for office
 1024  approval that there has been no material adverse change in
 1025  status with regard to the feasibility study. If a material
 1026  adverse change exists at the time of submission, sufficient
 1027  information acceptable to the office and the feasibility
 1028  consultant must be submitted which remedies the adverse
 1029  condition.
 1030         (c)(d)Documents evidencing Proof that commitments have
 1031  been secured or a documented plan adopted by the applicant has
 1032  been approved by the office for long-term financing.
 1033         (d)(e)Documents evidencing Proof that the provider has
 1034  sufficient funds to meet the requirements of s. 651.035, which
 1035  may include funds deposited in the initial entrance fee account.
 1036         (e)(f)Documents evidencing Proof as to the intended
 1037  application of the proceeds upon release and documentation proof
 1038  that the entrance fees when released will be applied as
 1039  represented to the office.
 1040         (f) If any material change occurred in the facts set forth
 1041  in the application filed with the office pursuant to subsection
 1042  (1), the applicant timely filed the amendment setting forth such
 1043  change with the office and sent copies of the amendment to the
 1044  principal office of the facility and to the principal office of
 1045  the controlling company as required under that subsection.
 1046  
 1047  Notwithstanding chapter 120, no person, other than the provider,
 1048  the escrow agent, and the office, may have a substantial
 1049  interest in any office decision regarding release of escrow
 1050  funds in any proceedings under chapter 120 or this chapter
 1051  regarding release of escrow funds.
 1052         (7) In lieu of the provider fulfilling the requirements in
 1053  subsection (5) and paragraphs (6)(b) and (c) (d), the office may
 1054  authorize the release of escrowed funds to retire all
 1055  outstanding debts on the facility and equipment upon application
 1056  of the provider and upon the provider’s showing that the
 1057  provider will grant to the residents a first mortgage on the
 1058  land, buildings, and equipment that constitute the facility, and
 1059  that the provider has satisfied paragraphs (6)(a), (c), and (d)
 1060  (e). Such mortgage shall secure the refund of the entrance fee
 1061  in the amount required by this chapter. The granting of such
 1062  mortgage is subject to the following:
 1063         (a) The first mortgage is granted to an independent trust
 1064  that is beneficially held by the residents. The document
 1065  creating the trust must include a provision that agrees to an
 1066  annual audit and will furnish to the office all information the
 1067  office may reasonably require. The mortgage may secure payment
 1068  on bonds issued to the residents or trustee. Such bonds are
 1069  redeemable after termination of the residency contract in the
 1070  amount and manner required by this chapter for the refund of an
 1071  entrance fee.
 1072         (b) Before granting a first mortgage to the residents, all
 1073  construction must be substantially completed and substantially
 1074  all equipment must be purchased. No part of the entrance fees
 1075  may be pledged as security for a construction loan or otherwise
 1076  used for construction expenses before the completion of
 1077  construction.
 1078         (c) If the provider is leasing the land or buildings used
 1079  by the facility, the leasehold interest must be for a term of at
 1080  least 30 years.
 1081         (8) The timeframes provided under s. 651.022(5) and (6)
 1082  apply to applications submitted under s. 651.021(2). The office
 1083  may not issue a certificate of authority to a facility that does
 1084  not have a component that is to be licensed pursuant to part II
 1085  of chapter 400 or to part I of chapter 429 or that does not
 1086  offer personal services or nursing services through written
 1087  contractual agreement. A written contractual agreement must be
 1088  disclosed in the contract for continuing care or continuing care
 1089  at-home and is subject to the provisions of s. 651.1151,
 1090  relating to administrative, vendor, and management contracts.
 1091         (9) The office may not approve an application that includes
 1092  in the plan of financing any encumbrance of the operating
 1093  reserves or renewal and replacement reserves required by this
 1094  chapter.
 1095         Section 9. Section 651.024, Florida Statutes, is amended to
 1096  read:
 1097         651.024 Acquisition.—
 1098         (1) A person who seeks to assume the role of general
 1099  partner of a provider or to otherwise assume ownership or
 1100  possession of, or control over, 10 percent or more of a
 1101  provider, a controlling company of the provider, or a provider’s
 1102  assets, based on the balance sheet from the most recent
 1103  financial audit report filed with the office, is issued a
 1104  certificate of authority to operate a continuing care facility
 1105  or a provisional certificate of authority shall be subject to
 1106  the provisions of s. 628.4615 and is not required to make
 1107  filings pursuant to s. 651.022, s. 651.023, or s. 651.0245.
 1108         (2) A person who seeks to acquire and become the provider
 1109  for a facility is subject to s. 651.0245 and is not required to
 1110  make filings pursuant to ss. 628.4615, 651.022, and 651.023.
 1111         (3) A person may rebut a presumption of control by filing a
 1112  disclaimer of control with the office on a form prescribed by
 1113  the commission. The disclaimer must fully disclose all material
 1114  relationships and bases for affiliation between the person and
 1115  the provider or facility, as well as the basis for disclaiming
 1116  the affiliation. In lieu of such form, a person or acquiring
 1117  party may file with the office a copy of a Schedule 13G filed
 1118  with the Securities and Exchange Commission pursuant to Rule
 1119  13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities
 1120  Exchange Act of 1934, as amended. After a disclaimer has been
 1121  filed, the provider or facility is relieved of any duty to
 1122  register or report under this section which may arise out of the
 1123  provider’s or facility’s relationship with the person, unless
 1124  the office disallows the disclaimer.
 1125         (4) In addition to the provider, the facility, or the
 1126  controlling company, the office has standing to petition a
 1127  circuit court as described in s. 628.4615(9).
 1128         Section 10. Section 651.0245, Florida Statutes, is created
 1129  to read:
 1130         651.0245 Application for the simultaneous acquisition of a
 1131  facility and issuance of a certificate of authority.—
 1132         (1) Except with the prior written approval of the office, a
 1133  person may not, individually or in conjunction with any
 1134  affiliated person of such person, directly or indirectly acquire
 1135  a facility operating under a subsisting certificate of authority
 1136  and engage in the business of providing continuing care.
 1137         (2) An applicant seeking simultaneous acquisition of a
 1138  facility and issuance of a certificate of authority must:
 1139         (a) Comply with the notice requirements of s.
 1140  628.4615(2)(a); and
 1141         (b) File an application in the form required by the office
 1142  and cooperate with the office’s review of the application.
 1143         (3) The commission shall adopt by rule application
 1144  requirements equivalent to those described in ss. 628.4615(4)
 1145  and (5), 651.022(2), and 651.023(1)(b). The office shall review
 1146  the application and issue an approval or disapproval of the
 1147  filing in accordance with ss. 628.4615(6)(a) and (c), (7)-(10),
 1148  and (14); and 651.023(1)(b).
 1149         (4)In addition to the facility, the provider, or the
 1150  controlling company, the office has standing to petition a
 1151  circuit court as described in s. 628.4615(9).
 1152         (5) A person may rebut a presumption of control by filing a
 1153  disclaimer of control with the office on a form prescribed by
 1154  the commission. The disclaimer must fully disclose all material
 1155  relationships and bases for affiliation between the person and
 1156  the provider or facility, as well as the basis for disclaiming
 1157  the affiliation. In lieu of such form, a person or acquiring
 1158  party may file with the office a copy of a Schedule 13G filed
 1159  with the Securities and Exchange Commission pursuant to Rule
 1160  13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities
 1161  Exchange Act of 1934, as amended. After a disclaimer has been
 1162  filed, the provider or facility is relieved of any duty to
 1163  register or report under this section which may arise out of the
 1164  provider’s or facility’s relationship with the person, unless
 1165  the office disallows the disclaimer.
 1166         (6) The commission may adopt rules as necessary to
 1167  administer this section.
 1168         Section 11. Section 651.0246, Florida Statutes, is created
 1169  to read:
 1170         651.0246 Expansions.—
 1171         (1)(a)A provider must obtain written approval from the
 1172  office before commencing construction or marketing for an
 1173  expansion of a certificated facility equivalent to the addition
 1174  of at least 20 percent of existing units or 20 percent or more
 1175  of the number of continuing care at-home contracts. If the
 1176  provider has exceeded the current statewide median for days cash
 1177  on hand, debt service coverage ratio, and total facility
 1178  occupancy for two consecutive annual reporting periods, the
 1179  provider is automatically granted approval to expand the total
 1180  number of existing units by up to 35 percent upon submitting a
 1181  letter to the office indicating the total number of planned
 1182  units in the expansion, the proposed sources and uses of funds,
 1183  and an attestation that the provider understands and pledges to
 1184  comply with all minimum liquid reserve and escrow account
 1185  requirements. As used in this section, the term “existing units”
 1186  means the sum of the total number of independent living units
 1187  and assisted living units identified in the most recent annual
 1188  report filed with the office pursuant to s. 651.026. For
 1189  purposes of this section, the statewide median for days cash on
 1190  hand, debt service coverage ratio, and total facility occupancy
 1191  is the median calculated in the most recent annual report
 1192  submitted by the office to the Continuing Care Advisory Council
 1193  pursuant to s. 651.121(8). This section does not apply to
 1194  construction for which a certificate of need from the Agency for
 1195  Health Care Administration is required.
 1196         (b) The application for the approval of an addition
 1197  consisting of 20 percent or more of existing units or continuing
 1198  care at-home contracts must be on forms adopted by the
 1199  commission and provided by the office. The application must
 1200  include the feasibility study required by this section and such
 1201  other information as reasonably requested by the office. If the
 1202  expansion is only for continuing care at-home contracts, an
 1203  actuarial study prepared by an independent actuary in accordance
 1204  with standards adopted by the American Academy of Actuaries
 1205  which presents the financial impact of the expansion may be
 1206  substituted for the feasibility study.
 1207         (c) In determining whether an expansion should be approved,
 1208  the office shall consider:
 1209         1. Whether the application meets all requirements of law;
 1210         2. Whether the feasibility study was based on sufficient
 1211  data and reasonable assumptions; and
 1212         3.Whether the applicant will be able to provide continuing
 1213  care or continuing care at-home as proposed and meet all
 1214  financial obligations related to its operations, including the
 1215  financial requirements of this chapter.
 1216  
 1217  If the application is denied, the office must notify the
 1218  applicant in writing, citing the specific failures to meet the
 1219  provisions of this chapter. A denial entitles the applicant to a
 1220  hearing pursuant to chapter 120.
 1221         (2) A provider applying for expansion of a certificated
 1222  facility must submit all of the following:
 1223         (a) A feasibility study prepared by an independent
 1224  certified public accountant. The feasibility study must include
 1225  at least the following information:
 1226         1. A description of the facility and proposed expansion,
 1227  including the location, the size, the anticipated completion
 1228  date, and the proposed construction program.
 1229         2. An identification and evaluation of the primary and, if
 1230  applicable, secondary market areas of the facility and the
 1231  projected unit sales per month.
 1232         3. Projected revenues, including anticipated entrance fees;
 1233  monthly service fees; nursing care revenues, if applicable; and
 1234  all other sources of revenue.
 1235         4. Projected expenses, including for staffing requirements
 1236  and salaries; the cost of property, plant, and equipment,
 1237  including depreciation expense; interest expense; marketing
 1238  expense; and other operating expenses.
 1239         5. A projected balance sheet of the applicant.
 1240         6. The expectations for the financial condition of the
 1241  project, including the projected cash flow and an estimate of
 1242  the funds anticipated to be necessary to cover startup losses.
 1243         7. The inflation factor, if any, assumed in the study for
 1244  the proposed expansion and how and where it is applied.
 1245         8. Project costs; the total amount of debt financing
 1246  required; marketing projections; resident rates, fees, and
 1247  charges; the competition; resident contract provisions; and
 1248  other factors that affect the feasibility of the facility.
 1249         9.Appropriate population projections, including morbidity
 1250  and mortality assumptions.
 1251         10. The name of the person who prepared the feasibility
 1252  study and his or her experience in preparing similar studies or
 1253  otherwise consulting in the field of continuing care.
 1254         11. Financial forecasts or projections prepared in
 1255  accordance with standards adopted by the American Institute of
 1256  Certified Public Accountants or in accordance with standards for
 1257  feasibility studies for continuing care retirement communities
 1258  adopted by the Actuarial Standards Board.
 1259         12. An independent evaluation and examination opinion for
 1260  the first 5 years of operations, or a comparable opinion
 1261  acceptable to the office, by the consultant who prepared the
 1262  study, of the underlying assumptions used as a basis for the
 1263  forecasts or projections in the study and that the assumptions
 1264  are reasonable and proper and the project as proposed is
 1265  feasible.
 1266         13. Any other information that the provider deems relevant
 1267  and appropriate to provide to enable the office to make a more
 1268  informed determination.
 1269         (b) Such other reasonable data, financial statements, and
 1270  pertinent information as the commission or office may require
 1271  with respect to the applicant or the facility to determine the
 1272  financial status of the facility and the management capabilities
 1273  of its managers and owners.
 1274  
 1275  If any material change occurs in the facts set forth in an
 1276  application filed with the office pursuant to this section, an
 1277  amendment setting forth such change must be filed with the
 1278  office within 10 business days after the applicant becomes aware
 1279  of such change, and a copy of the amendment must be sent by
 1280  registered mail to the principal office of the facility and to
 1281  the principal office of the controlling company.
 1282         (3) A minimum of 75 percent of the moneys paid for all or
 1283  any part of an initial entrance fee or reservation deposit
 1284  collected for units in the expansion and 50 percent of the
 1285  moneys paid for all or any part of an initial fee collected for
 1286  continuing care at-home contracts in the expansion must be
 1287  placed in an escrow account or on deposit with the department as
 1288  prescribed in s. 651.033. Up to 25 percent of the moneys paid
 1289  for all or any part of an initial entrance fee or reservation
 1290  deposit may be included or pledged for the construction or
 1291  purchase of the facility or as security for long-term financing.
 1292  As used in this section, the term “initial entrance fee” means
 1293  the total entrance fee charged by the facility to the first
 1294  occupant of a unit.
 1295         (4) The provider is entitled to secure release of the
 1296  moneys held in escrow within 7 days after receipt by the office
 1297  of an affidavit from the provider, along with appropriate copies
 1298  to verify, and notification to the escrow agent by certified
 1299  mail that the following conditions have been satisfied:
 1300         (a) A certificate of occupancy has been issued.
 1301         (b) Payment in full has been received for at least 50
 1302  percent of the total units of a phase or of the total of the
 1303  combined phases constructed. If a provider offering continuing
 1304  care at-home is applying for a release of escrowed entrance
 1305  fees, the same minimum requirement must be met for the
 1306  continuing care and continuing care at-home contracts
 1307  independently of each other.
 1308         (c) Documents evidencing that commitments have been secured
 1309  or that a documented plan adopted by the applicant has been
 1310  approved by the office for long-term financing.
 1311         (d) Documents evidencing that the provider has sufficient
 1312  funds to meet the requirements of s. 651.035, which may include
 1313  funds deposited in the initial entrance fee account.
 1314         (e) Documents evidencing the intended application of the
 1315  proceeds upon release and documentation that the entrance fees,
 1316  when released, will be applied as represented to the office.
 1317  
 1318  Notwithstanding chapter 120, only the provider, the escrow
 1319  agent, and the office have a substantial interest in any office
 1320  decision regarding release of escrow funds in any proceedings
 1321  under chapter 120 or this chapter.
 1322         (5)(a) Within 30 days after receipt of an application for
 1323  expansion, the office shall examine the application and shall
 1324  notify the applicant in writing, specifically requesting any
 1325  additional information that the office is authorized to require.
 1326  Within 15 days after the office receives all the requested
 1327  additional information, the office shall notify the applicant in
 1328  writing that the requested information has been received and
 1329  that the application is deemed complete as of the date of the
 1330  notice. If the office chooses not to notify the applicant within
 1331  the 15-day period, the application is deemed complete for
 1332  purposes of review on the date the applicant files the
 1333  additional requested information. If the application submitted
 1334  is determined by the office to be substantially incomplete so as
 1335  to require substantial additional information, including
 1336  biographical information, the office may return the application
 1337  to the applicant with a written notice stating that the
 1338  application as received is substantially incomplete and,
 1339  therefore, is unacceptable for filing without further action
 1340  required by the office. Any filing fee received must be refunded
 1341  to the applicant.
 1342         (b) An application is deemed complete upon the office
 1343  receiving all requested information and the applicant correcting
 1344  any error or omission of which the applicant was timely notified
 1345  or when the time for such notification has expired. The office
 1346  shall notify the applicant in writing of the date on which the
 1347  application was deemed complete.
 1348         (6) Within 45 days after the date on which an application
 1349  is deemed complete as provided in paragraph (5)(b), the office
 1350  shall complete its review and, based upon its review, approve an
 1351  expansion by the applicant and issue a determination that the
 1352  application meets all requirements of law, that the feasibility
 1353  study was based on sufficient data and reasonable assumptions,
 1354  and that the applicant will be able to provide continuing care
 1355  or continuing care at-home as proposed and meet all financial
 1356  and contractual obligations related to its operations, including
 1357  the financial requirements of this chapter. If the office
 1358  requests additional information and the applicant provides it
 1359  within 5 business days after notification, the period for
 1360  reviewing or approving an application may not be extended beyond
 1361  the period specified in paragraph (5)(a). If the application is
 1362  denied, the office must notify the applicant in writing, citing
 1363  the specific failures to meet the requirements of this chapter.
 1364  The denial entitles the applicant to a hearing pursuant to
 1365  chapter 120.
 1366         Section 12. Paragraphs (b) and (c) of subsection (2) and
 1367  subsection (3) of section 651.026, Florida Statutes, are
 1368  amended, subsection (10) is added to that section, and paragraph
 1369  (a) of subsection (2) of that section is republished, to read:
 1370         651.026 Annual reports.—
 1371         (2) The annual report shall be in such form as the
 1372  commission prescribes and shall contain at least the following:
 1373         (a) Any change in status with respect to the information
 1374  required to be filed under s. 651.022(2).
 1375         (b) A financial report statements audited by an independent
 1376  certified public accountant which must contain, for two or more
 1377  periods if the facility has been in existence that long, all of
 1378  the following:
 1379         1. An accountant’s opinion and, in accordance with
 1380  generally accepted accounting principles:
 1381         a. A balance sheet;
 1382         b. A statement of income and expenses;
 1383         c. A statement of equity or fund balances; and
 1384         d. A statement of changes in cash flows.
 1385         2. Notes to the financial report statements considered
 1386  customary or necessary for full disclosure or adequate
 1387  understanding of the financial report statements, financial
 1388  condition, and operation.
 1389         (c) The following financial information:
 1390         1. A detailed listing of the assets maintained in the
 1391  liquid reserve as required under s. 651.035 and in accordance
 1392  with part II of chapter 625;
 1393         2. A schedule giving additional information relating to
 1394  property, plant, and equipment having an original cost of at
 1395  least $25,000, so as to show in reasonable detail with respect
 1396  to each separate facility original costs, accumulated
 1397  depreciation, net book value, appraised value or insurable value
 1398  and date thereof, insurance coverage, encumbrances, and net
 1399  equity of appraised or insured value over encumbrances. Any
 1400  property not used in continuing care must be shown separately
 1401  from property used in continuing care;
 1402         3. The level of participation in Medicare or Medicaid
 1403  programs, or both;
 1404         4. A statement of all fees required of residents,
 1405  including, but not limited to, a statement of the entrance fee
 1406  charged, the monthly service charges, the proposed application
 1407  of the proceeds of the entrance fee by the provider, and the
 1408  plan by which the amount of the entrance fee is determined if
 1409  the entrance fee is not the same in all cases; and
 1410         5. Any change or increase in fees if the provider changes
 1411  the scope of, or the rates for, care or services, regardless of
 1412  whether the change involves the basic rate or only those
 1413  services available at additional costs to the resident;.
 1414         6. If the provider has more than one certificated facility,
 1415  or has operations that are not licensed under this chapter, it
 1416  shall submit a balance sheet, statement of income and expenses,
 1417  statement of equity or fund balances, and statement of cash
 1418  flows for each facility licensed under this chapter as
 1419  supplemental information to the audited financial report
 1420  statements required under paragraph (b); and.
 1421         7. The management’s calculation of the provider’s debt
 1422  service coverage ratio, occupancy, and days cash on hand for the
 1423  current reporting period.
 1424         (3) The commission shall adopt by rule additional
 1425  meaningful measures of assessing the financial viability of a
 1426  provider. The rule may include the following factors:
 1427         (a) Debt service coverage ratios.
 1428         (b) Current ratios.
 1429         (c) Adjusted current ratios.
 1430         (d) Cash flows.
 1431         (e) Occupancy rates.
 1432         (f) Other measures, ratios, or trends.
 1433         (g) Other factors as may be appropriate.
 1434         (10) By August 1 annually, the office shall publish an
 1435  industry benchmarking report for the preceding calendar year
 1436  which contains all of the following:
 1437         (a) The median days cash on hand for all providers.
 1438         (b) The median debt service coverage ratio for all
 1439  providers.
 1440         (c) The median occupancy rate for all providers by setting,
 1441  including independent living, assisted living, skilled nursing,
 1442  and the entire facility.
 1443         Section 13. Section 651.0261, Florida Statutes, is amended
 1444  to read:
 1445         651.0261 Quarterly and monthly statements.—
 1446         (1) Within 45 days after the end of each fiscal quarter,
 1447  each provider shall file a quarterly unaudited financial
 1448  statement of the provider or of the facility in the form
 1449  prescribed by commission rule and days cash on hand, occupancy,
 1450  debt service coverage ratio, and a detailed listing of the
 1451  assets maintained in the liquid reserve as required under s.
 1452  651.035. This requirement may be waived by the office upon
 1453  written request from a provider that is accredited without
 1454  conditions or stipulations or that has obtained an investment
 1455  grade credit rating from a United States credit rating agency as
 1456  authorized under s. 651.028. The last quarterly statement for a
 1457  fiscal year is not required if a provider does not have pending
 1458  a regulatory action level event or a corrective action plan. The
 1459  office may not waive the quarterly reporting requirement for a
 1460  period of 12 months for any provider that is impaired, or does
 1461  not comply with a requirement for debt service coverage ratio,
 1462  days cash on hand, or average facility occupancy under s.
 1463  651.011(25).
 1464         (2) If the office finds, pursuant to rules of the
 1465  commission, that such information is needed to properly monitor
 1466  the financial condition of a provider or facility or is
 1467  otherwise needed to protect the public interest, the office may
 1468  require the provider to file:
 1469         (a) Within 25 days after the end of each month, a monthly
 1470  unaudited financial statement of the provider or of the facility
 1471  in the form prescribed by the commission by rule and a detailed
 1472  listing of the assets maintained in the liquid reserve as
 1473  required under s. 651.035, within 45 days after the end of each
 1474  fiscal quarter, a quarterly unaudited financial statement of the
 1475  provider or of the facility in the form prescribed by the
 1476  commission by rule. The commission may by rule require all or
 1477  part of the statements or filings required under this section to
 1478  be submitted by electronic means in a computer-readable form
 1479  compatible with the electronic data format specified by the
 1480  commission.
 1481         (b) Such other data, financial statements, and pertinent
 1482  information as the commission or office may reasonably require
 1483  with respect to the provider or the facility, its directors or
 1484  trustees, or, with respect to any parent, subsidiary, or
 1485  affiliate, if the provider or facility relies on a contractual
 1486  or financial relationship with such parent, subsidiary, or
 1487  affiliate in order to meet the financial requirements of this
 1488  chapter, to determine the financial status of the provider or of
 1489  the facility and the management capabilities of its managers and
 1490  owners.
 1491         (3) A filing under subsection (2) may be required if any of
 1492  the following applies:
 1493         (a) The provider is:
 1494         1. Subject to administrative supervision proceedings;
 1495         2. Subject to a corrective action plan resulting from a
 1496  regulatory action level event for up to 2 years after the
 1497  factors that caused the regulatory action level event have been
 1498  corrected; or
 1499         3. Subject to delinquency or receivership proceedings or
 1500  has filed for bankruptcy.
 1501         (b) The provider or facility displays a declining financial
 1502  position.
 1503         (c)A change of ownership of the provider or facility has
 1504  occurred within the previous 2 years.
 1505         (d)The facility is found to be impaired.
 1506         (4) The commission may by rule require all or part of the
 1507  statements or filings required under this section to be
 1508  submitted by electronic means in a computer-readable format
 1509  compatible with an electronic data format specified by the
 1510  commission.
 1511         Section 14. Section 651.028, Florida Statutes, is amended
 1512  to read:
 1513         651.028 Accredited or certain credit-rated facilities.—If a
 1514  provider or obligated group is accredited without stipulations
 1515  or conditions by a process found by the office to be acceptable
 1516  and substantially equivalent to the provisions of this chapter
 1517  or has obtained an investment grade credit rating from a
 1518  nationally recognized credit rating agency, as applicable, from
 1519  Moody’s Investors Service, Standard & Poor’s, or Fitch Ratings,
 1520  the office may, pursuant to rule of the commission, waive the
 1521  quarterly filing any requirements under s. 651.0261 of this
 1522  chapter with respect to the provider if the office finds that
 1523  such waivers are not inconsistent with the security protections
 1524  intended by this chapter. A provider or obligated group that is
 1525  accredited without stipulations or conditions or that has
 1526  obtained such an investment grade credit rating shall provide
 1527  documentation substantiating such accreditation or investment
 1528  grade rating in its request for the waiver. If the office grants
 1529  a waiver to the provider or obligated group, the provider or
 1530  obligated group must notify the office within 10 business days
 1531  after any changes in the accreditation or investment grade
 1532  rating.
 1533         Section 15. Subsections (1), (2), (3), and (5) of section
 1534  651.033, Florida Statutes, are amended, and subsection (6) is
 1535  added to that section, to read:
 1536         651.033 Escrow accounts.—
 1537         (1) When funds are required to be deposited in an escrow
 1538  account pursuant to s. 651.0215, s. 651.022, s. 651.023, s.
 1539  651.0246, s. 651.035, or s. 651.055:
 1540         (a) The escrow account must shall be established in a
 1541  Florida bank, Florida savings and loan association, or Florida
 1542  trust company, or a national bank that is chartered and
 1543  supervised by the Office of the Comptroller of the Currency
 1544  within the United States Department of the Treasury and that has
 1545  either a branch or a license to operate in this state, which is
 1546  acceptable to the office, or such funds must be deposited on
 1547  deposit with the department; and the funds deposited therein
 1548  shall be kept and maintained in an account separate and apart
 1549  from the provider’s business accounts.
 1550         (b) An escrow agreement shall be entered into between the
 1551  bank, savings and loan association, or trust company and the
 1552  provider of the facility; the agreement shall state that its
 1553  purpose is to protect the resident or the prospective resident;
 1554  and, upon presentation of evidence of compliance with applicable
 1555  portions of this chapter, or upon order of a court of competent
 1556  jurisdiction, the escrow agent shall release and pay over the
 1557  funds, or portions thereof, together with any interest accrued
 1558  thereon or earned from investment of the funds, to the provider
 1559  or resident as directed.
 1560         (c) Any agreement establishing an escrow account required
 1561  under the provisions of this chapter is shall be subject to
 1562  approval by the office. The agreement must shall be in writing
 1563  and shall contain, in addition to any other provisions required
 1564  by law, a provision whereby the escrow agent agrees to abide by
 1565  the duties imposed by paragraphs (b) and (e), (3)(a), (3)(b),
 1566  and (5)(a) and subsection (6) under this section.
 1567         (d) All funds deposited in an escrow account, if invested,
 1568  shall be invested as set forth in part II of chapter 625;
 1569  however, such investment may not diminish the funds held in
 1570  escrow below the amount required by this chapter. Funds
 1571  deposited in an escrow account are not subject to charges by the
 1572  escrow agent except escrow agent fees associated with
 1573  administering the accounts, or subject to any liens, judgments,
 1574  garnishments, creditor’s claims, or other encumbrances against
 1575  the provider or facility except as provided in s. 651.035(1).
 1576         (e) At the request of either the provider or the office,
 1577  the escrow agent shall issue a statement indicating the status
 1578  of the escrow account.
 1579         (2) Notwithstanding s. 651.035(7), In addition, the escrow
 1580  agreement shall provide that the escrow agent or another person
 1581  designated to act in the escrow agent’s place and the provider,
 1582  except as otherwise provided in s. 651.035, shall notify the
 1583  office in writing at least 10 days before the withdrawal of any
 1584  portion of any funds required to be escrowed under the
 1585  provisions of s. 651.035. However, in the event of an emergency
 1586  and upon petition by the provider, the office may waive the 10
 1587  day notification period and allow a withdrawal of up to 10
 1588  percent of the required minimum liquid reserve. The office shall
 1589  have 3 working days to deny the petition for the emergency 10
 1590  percent withdrawal. If the office fails to deny the petition
 1591  within 3 working days, the petition is shall be deemed to have
 1592  been granted by the office. For purposes the purpose of this
 1593  section, the term “working day” means each day that is not a
 1594  Saturday, Sunday, or legal holiday as defined by Florida law.
 1595  Also, for purposes the purpose of this section, the day the
 1596  petition is received by the office is shall not be counted as
 1597  one of the 3 days.
 1598         (3) In addition, When entrance fees are required to be
 1599  deposited in an escrow account pursuant to s. 651.0215, s.
 1600  651.022, s. 651.023, s. 651.0246, or s. 651.055:
 1601         (a) The provider shall deliver to the resident a written
 1602  receipt. The receipt must show the payor’s name and address, the
 1603  date, the price of the care contract, and the amount of money
 1604  paid. A copy of each receipt, together with the funds, must
 1605  shall be deposited with the escrow agent or as provided in
 1606  paragraph (c). The escrow agent must shall release such funds to
 1607  the provider 7 days after the date of receipt of the funds by
 1608  the escrow agent if the provider, operating under a certificate
 1609  of authority issued by the office, has met the requirements of
 1610  s. 651.0215(8), s. 651.023(6), or s. 651.0246. However, if the
 1611  resident rescinds the contract within the 7-day period, the
 1612  escrow agent must shall release the escrowed fees to the
 1613  resident.
 1614         (b) At the request of an individual resident of a facility,
 1615  the escrow agent shall issue a statement indicating the status
 1616  of the resident’s portion of the escrow account.
 1617         (c) At the request of an individual resident of a facility,
 1618  the provider may hold the check for the 7-day period and may
 1619  shall not deposit it during this time period. If the resident
 1620  rescinds the contract within the 7-day period, the check must
 1621  shall be immediately returned to the resident. Upon the
 1622  expiration of the 7 days, the provider shall deposit the check.
 1623         (d) A provider may assess a nonrefundable fee, which is
 1624  separate from the entrance fee, for processing a prospective
 1625  resident’s application for continuing care or continuing care
 1626  at-home.
 1627         (5) When funds are required to be deposited in an escrow
 1628  account pursuant to s. 651.0215, s. 651.022, s. 651.023, s.
 1629  651.0246, or s. 651.035, the following shall apply:
 1630         (a) The escrow agreement must shall require that the escrow
 1631  agent furnish the provider with a quarterly statement indicating
 1632  the amount of any disbursements from or deposits to the escrow
 1633  account and the condition of the account during the period
 1634  covered by the statement. The agreement must shall require that
 1635  the statement be furnished to the provider by the escrow agent
 1636  on or before the 10th day of the month following the end of the
 1637  quarter for which the statement is due. If the escrow agent does
 1638  not provide the quarterly statement to the provider on or before
 1639  the 10th day of the month following the month for which the
 1640  statement is due, the office may, in its discretion, levy
 1641  against the escrow agent a fine not to exceed $25 a day for each
 1642  day of noncompliance with the provisions of this subsection.
 1643         (b) If the escrow agent does not provide the quarterly
 1644  statement to the provider on or before the 10th day of the month
 1645  following the quarter for which the statement is due, the
 1646  provider shall, on or before the 15th day of the month following
 1647  the quarter for which the statement is due, send a written
 1648  request for the statement to the escrow agent by certified mail
 1649  return receipt requested.
 1650         (c) On or before the 20th day of the month following the
 1651  quarter for which the statement is due, the provider shall file
 1652  with the office a copy of the escrow agent’s statement or, if
 1653  the provider has not received the escrow agent’s statement, a
 1654  copy of the written request to the escrow agent for the
 1655  statement.
 1656         (d) The office may, in its discretion, in addition to any
 1657  other penalty that may be provided for under this chapter, levy
 1658  a fine against the provider not to exceed $25 a day for each day
 1659  the provider fails to comply with the provisions of this
 1660  subsection.
 1661         (e) Funds held on deposit with the department are exempt
 1662  from the reporting requirements of this subsection.
 1663         (6) Except as described in paragraph (3)(a), the escrow
 1664  agent may not release or otherwise allow the transfer of funds
 1665  without the written approval of the office, unless the
 1666  withdrawal is from funds in excess of the amounts required by
 1667  ss. 651.0215, 651.022, 651.023, 651.0246, 651.035, and 651.055.
 1668         Section 16. Section 651.034, Florida Statutes, is created
 1669  to read:
 1670         651.034 Financial and operating requirements for
 1671  providers.—
 1672         (1)(a) If a regulatory action level event occurs, the
 1673  office must:
 1674         1. Require the provider to prepare and submit a corrective
 1675  action plan or, if applicable, a revised corrective action plan;
 1676         2. Perform an examination pursuant to s. 651.105 or an
 1677  analysis, as the office considers necessary, of the assets,
 1678  liabilities, and operations of the provider, including a review
 1679  of the corrective action plan or the revised corrective action
 1680  plan; and
 1681         3. After the examination or analysis, issue a corrective
 1682  order, if necessary, specifying any corrective actions that the
 1683  office determines are required.
 1684         (b) In determining corrective actions, the office shall
 1685  consider any factor relevant to the provider based upon the
 1686  office’s examination or analysis of the assets, liabilities, and
 1687  operations of the provider. The provider must submit the
 1688  corrective action plan or the revised corrective action plan
 1689  within 30 days after the occurrence of the regulatory action
 1690  level event. The office shall review and approve or disapprove
 1691  the corrective action plan within 45 business days.
 1692         (c) The office may use members of the Continuing Care
 1693  Advisory Council, individually or as a group, or may retain
 1694  actuaries, investment experts, and other consultants to review a
 1695  provider’s corrective action plan or revised corrective action
 1696  plan, examine or analyze the assets, liabilities, and operations
 1697  of a provider, and formulate the corrective order with respect
 1698  to the provider. The costs and expenses relating to consultants
 1699  must be borne by the affected provider.
 1700         (2) If an impairment occurs and except when s.
 1701  651.114(11)(a) applies, the office must take action necessary to
 1702  place the provider under regulatory control, including any
 1703  remedy available under part I of chapter 631. An impairment is
 1704  sufficient grounds for the department to be appointed as
 1705  receiver as provided in chapter 631. Except when s.
 1706  651.114(11)(a) is applicable, the department may appoint a
 1707  receiver. If s. 651.114(11)(a) applies, the provider must make
 1708  available to the office copies of any corrective action plan
 1709  approved by the third-party lender or trustee to cure the
 1710  impairment and any related required report. Notwithstanding s.
 1711  631.011, impairment of a provider, for purposes of s. 631.051,
 1712  is defined according to the term “impaired” under s. 651.011.
 1713  The office may forego taking action for up to 180 days after the
 1714  impairment if the office finds there is a reasonable expectation
 1715  that the impairment may be eliminated within the 180-day period.
 1716         (3) There is no liability on the part of, and a cause of
 1717  action may not arise against, the commission, department, or
 1718  office, or their employees or agents, for any action they take
 1719  in the performance of their powers and duties under this
 1720  section.
 1721         (4) The office shall transmit any notice that may result in
 1722  regulatory action by registered mail, certified mail, or any
 1723  other method of transmission which includes documentation of
 1724  receipt by the provider. Notice is effective when the provider
 1725  receives it.
 1726         (5) This section is supplemental to the other laws of this
 1727  state and does not preclude or limit any power or duty of the
 1728  department or office under those laws or under the rules adopted
 1729  pursuant to those laws.
 1730         (6) The office may exempt a provider from subsection (1) or
 1731  subsection (2) until stabilized occupancy is reached or until
 1732  the time projected to achieve stabilized occupancy as reported
 1733  in the last feasibility study required by the office as part of
 1734  an application filing under s. 651.0215, s. 651.023, s. 651.024,
 1735  or s. 651.0246 has elapsed, but for no longer than 5 years after
 1736  the date of issuance of the certificate of occupancy.
 1737         (7) The commission may adopt rules to administer this
 1738  section, including, but not limited to, rules regarding
 1739  corrective action plans, revised corrective action plans,
 1740  corrective orders, and procedures to be followed in the event of
 1741  a regulatory action level event or an impairment.
 1742         Section 17. Paragraphs (a), (b), and (c) of subsection (1)
 1743  of section 651.035, Florida Statutes, are amended, and
 1744  subsections (7) through (11) are added to that section, to read:
 1745         651.035 Minimum liquid reserve requirements.—
 1746         (1) A provider shall maintain in escrow a minimum liquid
 1747  reserve consisting of the following reserves, as applicable:
 1748         (a) Each provider shall maintain in escrow as a debt
 1749  service reserve the aggregate amount of all principal and
 1750  interest payments due during the fiscal year on any mortgage
 1751  loan or other long-term financing of the facility, including
 1752  property taxes as recorded in the audited financial report
 1753  statements required under s. 651.026. The amount must include
 1754  any leasehold payments and all costs related to such payments.
 1755  If principal payments are not due during the fiscal year, the
 1756  provider must shall maintain in escrow as a minimum liquid
 1757  reserve an amount equal to interest payments due during the next
 1758  12 months on any mortgage loan or other long-term financing of
 1759  the facility, including property taxes. If a provider does not
 1760  have a mortgage loan or other financing on the facility, the
 1761  provider must deposit monthly in escrow as a minimum liquid
 1762  reserve an amount equal to one-twelfth of the annual property
 1763  tax liability as indicated in the most recent tax notice
 1764  provided pursuant to s. 197.322(3), and must annually pay
 1765  property taxes out of such escrow.
 1766         (b) A provider that has outstanding indebtedness that
 1767  requires a debt service reserve to be held in escrow pursuant to
 1768  a trust indenture or mortgage lien on the facility and for which
 1769  the debt service reserve may only be used to pay principal and
 1770  interest payments on the debt that the debtor is obligated to
 1771  pay, and which may include property taxes and insurance, may
 1772  include such debt service reserve in computing the minimum
 1773  liquid reserve needed to satisfy this subsection if the provider
 1774  furnishes to the office a copy of the agreement under which such
 1775  debt service is held, together with a statement of the amount
 1776  being held in escrow for the debt service reserve, certified by
 1777  the lender or trustee and the provider to be correct. The
 1778  trustee shall provide the office with any information concerning
 1779  the debt service reserve account upon request of the provider or
 1780  the office. Any such separate debt service reserves are not
 1781  subject to the transfer provisions set forth in subsection (8).
 1782         (c) Each provider shall maintain in escrow an operating
 1783  reserve equal to 30 percent of the total operating expenses
 1784  projected in the feasibility study required by s. 651.023 for
 1785  the first 12 months of operation. Thereafter, each provider
 1786  shall maintain in escrow an operating reserve equal to 15
 1787  percent of the total operating expenses in the annual report
 1788  filed pursuant to s. 651.026. If a provider has been in
 1789  operation for more than 12 months, the total annual operating
 1790  expenses must shall be determined by averaging the total annual
 1791  operating expenses reported to the office by the number of
 1792  annual reports filed with the office within the preceding 3-year
 1793  period subject to adjustment if there is a change in the number
 1794  of facilities owned. For purposes of this subsection, total
 1795  annual operating expenses include all expenses of the facility
 1796  except: depreciation and amortization; interest and property
 1797  taxes included in paragraph (a); extraordinary expenses that are
 1798  adequately explained and documented in accordance with generally
 1799  accepted accounting principles; liability insurance premiums in
 1800  excess of those paid in calendar year 1999; and changes in the
 1801  obligation to provide future services to current residents. For
 1802  providers initially licensed during or after calendar year 1999,
 1803  liability insurance must shall be included in the total
 1804  operating expenses in an amount not to exceed the premium paid
 1805  during the first 12 months of facility operation. Beginning
 1806  January 1, 1993, The operating reserves required under this
 1807  subsection must shall be in an unencumbered account held in
 1808  escrow for the benefit of the residents. Such funds may not be
 1809  encumbered or subject to any liens or charges by the escrow
 1810  agent or judgments, garnishments, or creditors’ claims against
 1811  the provider or facility. However, if a facility had a lien,
 1812  mortgage, trust indenture, or similar debt instrument in place
 1813  before January 1, 1993, which encumbered all or any part of the
 1814  reserves required by this subsection and such funds were used to
 1815  meet the requirements of this subsection, then such arrangement
 1816  may be continued, unless a refinancing or acquisition has
 1817  occurred, and the provider is shall be in compliance with this
 1818  subsection.
 1819         (7)(a) A provider may withdraw funds held in escrow without
 1820  the approval of the office if the amount held in escrow exceeds
 1821  the requirements of this section and if the withdrawal will not
 1822  affect compliance with this section.
 1823         (b)1. For all other proposed withdrawals, in order to
 1824  receive the consent of the office, the provider must file
 1825  documentation showing why the withdrawal is necessary for the
 1826  continued operation of the facility and such additional
 1827  information as the office reasonably requires.
 1828         2. The office shall notify the provider when the filing is
 1829  deemed complete. If the provider has complied with all prior
 1830  requests for information, the filing is deemed complete after 30
 1831  days without communication from the office.
 1832         3. Within 30 days after the date a file is deemed complete,
 1833  the office shall provide the provider with written notice of its
 1834  approval or disapproval of the request. The office may
 1835  disapprove any request to withdraw such funds if it determines
 1836  that the withdrawal is not in the best interest of the
 1837  residents.
 1838         (8) The office may order the immediate transfer of up to
 1839  100 percent of the funds held in the minimum liquid reserve to
 1840  the custody of the department pursuant to part III of chapter
 1841  625 if the office finds that the provider is impaired or
 1842  insolvent. The office may order such a transfer regardless of
 1843  whether the office has suspended or revoked, or intends to
 1844  suspend or revoke, the certificate of authority of the provider.
 1845         (9)Each facility shall file with the office annually,
 1846  together with the annual report required by s. 651.026, a
 1847  calculation of its minimum liquid reserve determined in
 1848  accordance with this section on a form prescribed by the
 1849  commission.
 1850         (10)Any increase in the minimum liquid reserve must be
 1851  funded not later than 61 days after the minimum liquid reserve
 1852  calculation is due to be filed as provided in s. 651.026.
 1853         (11)Notwithstanding subsection (6), if the market value of
 1854  the minimum liquid reserve is less than the required minimum
 1855  amount at the end of any fiscal quarter, the provider must fund
 1856  the shortfall within 10 business days.
 1857         Section 18. Effective July 1, 2019, section 651.043,
 1858  Florida Statutes, is created to read:
 1859         651.043 Approval of change in management.—
 1860         (1) A contract with a management company entered into after
 1861  July 1, 2019, must be in writing and include a provision that
 1862  the contract will be canceled upon issuance of an order by the
 1863  office pursuant to this section and without the application of a
 1864  cancellation fee or penalty. If a provider contracts with a
 1865  management company, a separate written contract is not required
 1866  for the individual manager employed by the management company to
 1867  oversee a facility. If a management company voluntarily executes
 1868  a contract with a manager or contractor, the contract is not
 1869  required to be submitted to the office unless requested by the
 1870  office.
 1871         (2) A provider shall notify the office, in writing or
 1872  electronically, of any change in management within 10 business
 1873  days. For each new management company or manager not employed by
 1874  a management company, the provider shall submit to the office
 1875  the information required by s. 651.022(2) and a copy of the
 1876  written management contract, if applicable.
 1877         (3) For a provider that is found to be impaired or that has
 1878  a regulatory action level event pending, the office may
 1879  disapprove new management and order the provider to remove the
 1880  new management after reviewing the information required under
 1881  subsection (2).
 1882         (4)For a provider other than that specified in subsection
 1883  (3), the office may disapprove new management and order the
 1884  provider to remove the new management after receiving the
 1885  required information under subsection (2), if the office:
 1886         (a) Finds that the new management is incompetent or
 1887  untrustworthy;
 1888         (b) Finds that the new management is so lacking in
 1889  managerial experience as to make the proposed operation
 1890  hazardous to the residents or potential residents;
 1891         (c) Finds that the new management is so lacking in
 1892  experience, ability, and standing as to jeopardize the
 1893  reasonable promise of successful operation; or
 1894         (d) Has good reason to believe that the new management is
 1895  affiliated directly or indirectly through ownership, control, or
 1896  business relations with any person or persons whose business
 1897  operations are or have been marked by manipulation of assets or
 1898  accounts or by bad faith, to the detriment of residents,
 1899  stockholders, investors, creditors, or the public.
 1900  
 1901  The office shall complete its review as required under
 1902  subsections (3) and (4) and, if applicable, issue notice of
 1903  disapproval of the new management within 30 business days after
 1904  the filing is deemed complete. A filing is deemed complete upon
 1905  the office’s receipt of all requested information and the
 1906  provider’s correction of any error or omission for which the
 1907  provider was timely notified. If the office does not issue
 1908  notice of disapproval of the new management within 15 business
 1909  days after the filing is deemed complete, the new management is
 1910  deemed approved.
 1911         (5) Management disapproved by the office must be removed
 1912  within 30 days after receipt by the provider of notice of such
 1913  disapproval.
 1914         (6) The office may revoke, suspend, or take other
 1915  administrative action against the certificate of authority of
 1916  the provider if the provider:
 1917         (a) Fails to timely remove management disapproved by the
 1918  office;
 1919         (b) Fails to timely notify the office of a change in
 1920  management;
 1921         (c) Appoints new management without a written contract when
 1922  a written contract is required under this section; or
 1923         (d) Repeatedly appoints management that was previously
 1924  disapproved by the office or that is not approvable under
 1925  subsection (4).
 1926         (7) The provider shall remove any management immediately
 1927  upon discovery of either of the following conditions, if the
 1928  conditions were not disclosed in the notice to the office
 1929  required under subsection (2):
 1930         (a) That a manager has been found guilty of, or has pled
 1931  guilty or no contest to, a felony charge, or has been held
 1932  liable or has been enjoined in a civil action by final judgment,
 1933  if the felony or civil action involved fraud, embezzlement,
 1934  fraudulent conversion, or misappropriation of property.
 1935         (b) That a manager is now, or was in the past, affiliated,
 1936  directly or indirectly, through ownership interest of 10 percent
 1937  or more in, or control of, any business, corporation, or other
 1938  entity that has been found guilty of or has pled guilty or no
 1939  contest to a felony charge, or has been held liable or has been
 1940  enjoined in a civil action by final judgment, if the felony or
 1941  civil action involved fraud, embezzlement, fraudulent
 1942  conversion, or misappropriation of property.
 1943  
 1944  The failure to remove such management is grounds for revocation
 1945  or suspension of the provider’s certificate of authority.
 1946         Section 19. Section 651.051, Florida Statutes, is amended
 1947  to read:
 1948         651.051 Maintenance of assets and records in state.—All
 1949  records and assets of a provider must be maintained or readily
 1950  accessible in this state or, if the provider’s corporate office
 1951  is located in another state, such records must be electronically
 1952  stored in a manner that will ensure that the records are readily
 1953  accessible to the office. No records or assets may be removed
 1954  from this state by a provider unless the office consents to such
 1955  removal in writing before such removal. Such consent must shall
 1956  be based upon the provider’s submitting satisfactory evidence
 1957  that the removal will facilitate and make more economical the
 1958  operations of the provider and will not diminish the service or
 1959  protection thereafter to be given the provider’s residents in
 1960  this state. Before Prior to such removal, the provider shall
 1961  give notice to the president or chair of the facility’s
 1962  residents’ council. If such removal is part of a cash management
 1963  system which has been approved by the office, disclosure of the
 1964  system must shall meet the notification requirements. The
 1965  electronic storage of records on a web-based, secured storage
 1966  platform by contract with a third party is acceptable if the
 1967  records are readily accessible to the office.
 1968         Section 20. Subsection (3) of section 651.055, Florida
 1969  Statutes, is amended to read:
 1970         651.055 Continuing care contracts; right to rescind.—
 1971         (3) The contract must include or be accompanied by a
 1972  statement, printed in boldfaced type, which reads: “This
 1973  facility and all other continuing care facilities (also known as
 1974  life plan communities) in the State of Florida are regulated by
 1975  chapter 651, Florida Statutes. A copy of the law is on file in
 1976  this facility. The law gives you or your legal representative
 1977  the right to inspect our most recent financial statement and
 1978  inspection report before signing the contract.”
 1979         Section 21. Subsection (2) of section 651.057, Florida
 1980  Statutes, is amended to read:
 1981         651.057 Continuing care at-home contracts.—
 1982         (2) A provider that holds a certificate of authority and
 1983  wishes to offer continuing care at-home must also:
 1984         (a) Submit a business plan to the office with the following
 1985  information:
 1986         1. A description of the continuing care at-home services
 1987  that will be provided, the market to be served, and the fees to
 1988  be charged;
 1989         2. A copy of the proposed continuing care at-home contract;
 1990         3. An actuarial study prepared by an independent actuary in
 1991  accordance with the standards adopted by the American Academy of
 1992  Actuaries which presents the impact of providing continuing care
 1993  at-home on the overall operation of the facility; and
 1994         4. A market feasibility study that meets the requirements
 1995  of s. 651.022(3) and documents that there is sufficient interest
 1996  in continuing care at-home contracts to support such a program;
 1997         (b) Demonstrate to the office that the proposal to offer
 1998  continuing care at-home contracts to individuals who do not
 1999  immediately move into the facility will not place the provider
 2000  in an unsound financial condition;
 2001         (c) Comply with the requirements of s. 651.0246(1) s.
 2002  651.021(2), except that an actuarial study may be substituted
 2003  for the feasibility study; and
 2004         (d) Comply with the requirements of this chapter.
 2005         Section 22. Subsection (1) of section 651.071, Florida
 2006  Statutes, is amended to read:
 2007         651.071 Contracts as preferred claims on liquidation or
 2008  receivership.—
 2009         (1) In the event of receivership or liquidation proceedings
 2010  against a provider, all continuing care and continuing care at
 2011  home contracts executed by a provider are shall be deemed
 2012  preferred claims or policyholder loss preferred claims pursuant
 2013  to s. 631.271(1)(b) against all assets owned by the provider;
 2014  however, such claims are subordinate to any secured claim.
 2015         Section 23. Subsection (2) and present paragraph (g) of
 2016  subsection (3) of section 651.091, Florida Statutes, are
 2017  amended, and a new paragraph (i) and paragraphs (j), (k), and
 2018  (l) are added to that subsection, and paragraph (d) of
 2019  subsection (3) and subsection (4) of that section are
 2020  republished, to read:
 2021         651.091 Availability, distribution, and posting of reports
 2022  and records; requirement of full disclosure.—
 2023         (2) Every continuing care facility shall:
 2024         (a) Display the certificate of authority in a conspicuous
 2025  place inside the facility.
 2026         (b) Post in a prominent position in the facility which is
 2027  accessible to all residents and the general public a concise
 2028  summary of the last examination report issued by the office,
 2029  with references to the page numbers of the full report noting
 2030  any deficiencies found by the office, and the actions taken by
 2031  the provider to rectify such deficiencies, indicating in such
 2032  summary where the full report may be inspected in the facility.
 2033         (c)Post in a prominent position in the facility,
 2034  accessible to all residents and the general public, a notice
 2035  containing the contact information for the office and the
 2036  Division of Consumer Services of the department and stating that
 2037  the division or office may be contacted for the submission of
 2038  inquiries and complaints with respect to potential violations of
 2039  this chapter committed by a provider. Such contact information
 2040  must include the division’s website and the toll-free consumer
 2041  helpline and the office’s website and telephone number.
 2042         (d) Provide notice to the president or chair of the
 2043  residents’ council within 10 business days after issuance of a
 2044  final examination report or the initiation of any legal or
 2045  administrative proceeding by the office or the department and
 2046  include a copy of such document.
 2047         (e)(c) Post in a prominent position in the facility which
 2048  is accessible to all residents and the general public a summary
 2049  of the latest annual statement, indicating in the summary where
 2050  the full annual statement may be inspected in the facility. A
 2051  listing of any proposed changes in policies, programs, and
 2052  services must also be posted.
 2053         (f)(d) Distribute a copy of the full annual statement and a
 2054  copy of the most recent third-party third party financial audit
 2055  filed with the annual report to the president or chair of the
 2056  residents’ council within 30 days after filing the annual report
 2057  with the office, and designate a staff person to provide
 2058  explanation thereof.
 2059         (g)(e)Deliver the information described in s. 651.085(4)
 2060  in writing to the president or chair of the residents’ council
 2061  and make supporting documentation available upon request Notify
 2062  the residents’ council of any plans filed with the office to
 2063  obtain new financing, additional financing, or refinancing for
 2064  the facility and of any applications to the office for any
 2065  expansion of the facility.
 2066         (h)(f) Deliver to the president or chair of the residents’
 2067  council a summary of entrance fees collected and refunds made
 2068  during the time period covered in the annual report and the
 2069  refund balances due at the end of the report period.
 2070         (i)(g) Deliver to the president or chair of the residents’
 2071  council a copy of each quarterly statement within 30 days after
 2072  the quarterly statement is filed with the office if the facility
 2073  is required to file quarterly.
 2074         (j)(h) Upon request, deliver to the president or chair of
 2075  the residents’ council a copy of any newly approved continuing
 2076  care or continuing care at-home contract within 30 days after
 2077  approval by the office.
 2078         (k) Provide to the president or chair of the residents’
 2079  council a copy of any notice filed with the office relating to
 2080  any change in ownership within 10 business days after such
 2081  filing by the provider.
 2082         (l) Make the information available to prospective residents
 2083  pursuant to paragraph (3)(d) available to current residents and
 2084  provide notice of changes to that information to the president
 2085  or chair of the residents’ council within 3 business days.
 2086         (3) Before entering into a contract to furnish continuing
 2087  care or continuing care at-home, the provider undertaking to
 2088  furnish the care, or the agent of the provider, shall make full
 2089  disclosure, and provide copies of the disclosure documents to
 2090  the prospective resident or his or her legal representative, of
 2091  the following information:
 2092         (d) In keeping with the intent of this subsection relating
 2093  to disclosure, the provider shall make available for review
 2094  master plans approved by the provider’s governing board and any
 2095  plans for expansion or phased development, to the extent that
 2096  the availability of such plans does not put at risk real estate,
 2097  financing, acquisition, negotiations, or other implementation of
 2098  operational plans and thus jeopardize the success of
 2099  negotiations, operations, and development.
 2100         (g) The amount and location of any reserve funds required
 2101  by this chapter, and the name of the person or entity having a
 2102  claim to such funds in the event of a bankruptcy, foreclosure,
 2103  or rehabilitation proceeding.
 2104         (i) Notice of the issuance of a final examination report or
 2105  the initiation of any legal or administrative proceeding by the
 2106  office or the department, including where the report or filing
 2107  may be inspected in the facility, and that, upon request, an
 2108  electronic copy or specific website address will be provided
 2109  from which the document can be downloaded at no cost.
 2110         (j) Notice that the entrance fee is the property of the
 2111  provider after the expiration of the 7-day escrow requirement
 2112  under s. 651.055(2).
 2113         (k) A statement that distribution of assets or income may
 2114  occur or a statement that such distributions will not occur.
 2115         (l) Notice of any holding company system or obligated group
 2116  of which the provider is a member.
 2117         (4) A true and complete copy of the full disclosure
 2118  document to be used must be filed with the office before use. A
 2119  resident or prospective resident or his or her legal
 2120  representative may inspect the full reports referred to in
 2121  paragraph (2)(b); the charter or other agreement or instrument
 2122  required to be filed with the office pursuant to s. 651.022(2),
 2123  together with all amendments thereto; and the bylaws of the
 2124  corporation or association, if any. Upon request, copies of the
 2125  reports and information shall be provided to the individual
 2126  requesting them if the individual agrees to pay a reasonable
 2127  charge to cover copying costs.
 2128         Section 24. Subsection (4) of section 651.095, Florida
 2129  Statutes, is amended to read:
 2130         651.095 Advertisements; requirements; penalties.—
 2131         (4) It is unlawful for any person, other than a provider
 2132  licensed pursuant to this chapter, to advertise or market to the
 2133  general public any product similar to continuing care through
 2134  the use of such terms as “life care,” “life plan,” “life plan
 2135  at-home,” “continuing care,” or “guaranteed care for life,” or
 2136  similar terms, words, or phrases.
 2137         Section 25. Section 651.105, Florida Statutes, is amended
 2138  to read:
 2139         651.105 Examination and inspections.—
 2140         (1) The office may at any time, and shall at least once
 2141  every 3 years, examine the business of any applicant for a
 2142  certificate of authority and any provider engaged in the
 2143  execution of care contracts or engaged in the performance of
 2144  obligations under such contracts, in the same manner as is
 2145  provided for the examination of insurance companies pursuant to
 2146  ss. 624.316 and 624.318 s. 624.316. For a provider as described
 2147  defined in s. 651.028, such examinations must shall take place
 2148  at least once every 5 years. Such examinations must shall be
 2149  made by a representative or examiner designated by the office
 2150  whose compensation will be fixed by the office pursuant to s.
 2151  624.320. Routine examinations may be made by having the
 2152  necessary documents submitted to the office; and, for this
 2153  purpose, financial documents and records conforming to commonly
 2154  accepted accounting principles and practices, as required under
 2155  s. 651.026, are deemed adequate. The final written report of
 2156  each examination must be filed with the office and, when so
 2157  filed, constitutes a public record. Any provider being examined
 2158  shall, upon request, give reasonable and timely access to all of
 2159  its records. The representative or examiner designated by the
 2160  office may at any time examine the records and affairs and
 2161  inspect the physical property of any provider, whether in
 2162  connection with a formal examination or not.
 2163         (2) Any duly authorized officer, employee, or agent of the
 2164  office may, upon presentation of proper identification, have
 2165  access to, and inspect, any records, with or without advance
 2166  notice, to secure compliance with, or to prevent a violation of,
 2167  any provision of this chapter.
 2168         (3) Reports of the results of such financial examinations
 2169  must be kept on file by the office. Any investigatory records,
 2170  reports, or documents held by the office are confidential and
 2171  exempt from the provisions of s. 119.07(1), until the
 2172  investigation is completed or ceases to be active. For the
 2173  purpose of this section, an investigation is active while it is
 2174  being conducted by the office with a reasonable, good faith
 2175  belief that it could lead to the filing of administrative,
 2176  civil, or criminal proceedings. An investigation does not cease
 2177  to be active if the office is proceeding with reasonable
 2178  dispatch and has a good faith belief that action could be
 2179  initiated by the office or other administrative or law
 2180  enforcement agency.
 2181         (4) The office shall notify the provider and the executive
 2182  officer of the governing body of the provider in writing of all
 2183  deficiencies in its compliance with the provisions of this
 2184  chapter and the rules adopted pursuant to this chapter and shall
 2185  set a reasonable length of time for compliance by the provider.
 2186  In addition, the office shall require corrective action or
 2187  request a corrective action plan from the provider which plan
 2188  demonstrates a good faith attempt to remedy the deficiencies by
 2189  a specified date. If the provider fails to comply within the
 2190  established length of time, the office may initiate action
 2191  against the provider in accordance with the provisions of this
 2192  chapter.
 2193         (5) A provider shall respond to written correspondence from
 2194  the office and provide data, financial statements, and pertinent
 2195  information as requested by the office or by the office’s
 2196  investigators, examiners, or inspectors. The office has standing
 2197  to petition a circuit court for mandatory injunctive relief to
 2198  compel access to and require the provider to produce the
 2199  documents, data, records, and other information requested by the
 2200  office or its investigators, examiners, or inspectors. The
 2201  office may petition the circuit court in the county in which the
 2202  facility is situated or the Circuit Court of Leon County to
 2203  enforce this section At the time of the routine examination, the
 2204  office shall determine if all disclosures required under this
 2205  chapter have been made to the president or chair of the
 2206  residents’ council and the executive officer of the governing
 2207  body of the provider.
 2208         (6) A representative of the provider must give a copy of
 2209  the final examination report and corrective action plan, if one
 2210  is required by the office, to the executive officer of the
 2211  governing body of the provider within 60 days after issuance of
 2212  the report.
 2213         (7) Unless a provider or facility is impaired or subject to
 2214  a regulatory action level event, any parent, subsidiary, or
 2215  affiliate is not subject to examination by the office as part of
 2216  a routine examination. However, if a provider or facility relies
 2217  on a contractual or financial relationship with a parent, a
 2218  subsidiary, or an affiliate in order to meet the financial
 2219  requirements of this chapter, the office may examine any parent,
 2220  subsidiary, or affiliate that has a contractual or financial
 2221  relationship with the provider or facility to the extent
 2222  necessary to ascertain the financial condition of the provider.
 2223         Section 26. Section 651.106, Florida Statutes, is amended
 2224  to read:
 2225         651.106 Grounds for discretionary refusal, suspension, or
 2226  revocation of certificate of authority.—The office may deny an
 2227  application or, suspend, or revoke the provisional certificate
 2228  of authority or the certificate of authority of any applicant or
 2229  provider if it finds that any one or more of the following
 2230  grounds applicable to the applicant or provider exist:
 2231         (1) Failure by the provider to continue to meet the
 2232  requirements for the authority originally granted.
 2233         (2) Failure by the provider to meet one or more of the
 2234  qualifications for the authority specified by this chapter.
 2235         (3) Material misstatement, misrepresentation, or fraud in
 2236  obtaining the authority, or in attempting to obtain the same.
 2237         (4) Demonstrated lack of fitness or trustworthiness.
 2238         (5) Fraudulent or dishonest practices of management in the
 2239  conduct of business.
 2240         (6) Misappropriation, conversion, or withholding of moneys.
 2241         (7) Failure to comply with, or violation of, any proper
 2242  order or rule of the office or commission or violation of any
 2243  provision of this chapter.
 2244         (8) The insolvent or impaired condition of the provider or
 2245  the provider’s being in such condition or using such methods and
 2246  practices in the conduct of its business as to render its
 2247  further transactions in this state hazardous or injurious to the
 2248  public.
 2249         (9) Refusal by the provider to be examined or to produce
 2250  its accounts, records, and files for examination, or refusal by
 2251  any of its officers to give information with respect to its
 2252  affairs or to perform any other legal obligation under this
 2253  chapter when required by the office.
 2254         (10) Failure by the provider to comply with the
 2255  requirements of s. 651.026 or s. 651.033.
 2256         (11) Failure by the provider to maintain escrow accounts or
 2257  funds as required by this chapter.
 2258         (12) Failure by the provider to meet the requirements of
 2259  this chapter for disclosure of information to residents
 2260  concerning the facility, its ownership, its management, its
 2261  development, or its financial condition or failure to honor its
 2262  continuing care or continuing care at-home contracts.
 2263         (13) Any cause for which issuance of the license could have
 2264  been refused had it then existed and been known to the office.
 2265         (14) Having been found guilty of, or having pleaded guilty
 2266  or nolo contendere to, a felony in this state or any other
 2267  state, without regard to whether a judgment or conviction has
 2268  been entered by the court having jurisdiction of such cases.
 2269         (15) In the conduct of business under the license, engaging
 2270  in unfair methods of competition or in unfair or deceptive acts
 2271  or practices prohibited under part IX of chapter 626.
 2272         (16) A pattern of bankrupt enterprises.
 2273         (17) The ownership, control, or management of the
 2274  organization includes any person:
 2275         (a) Who is not reputable and of responsible character;
 2276         (b) Who is so lacking in management expertise as to make
 2277  the operation of the provider hazardous to potential and
 2278  existing residents;
 2279         (c) Who is so lacking in management experience, ability,
 2280  and standing as to jeopardize the reasonable promise of
 2281  successful operation;
 2282         (d) Who is affiliated, directly or indirectly, through
 2283  ownership or control, with any person or persons whose business
 2284  operations are or have been marked by business practices or
 2285  conduct that is detrimental to the public, contract holders,
 2286  investors, or creditors by manipulation of assets, finances, or
 2287  accounts or by bad faith; or
 2288         (e) Whose business operations are or have been marked by
 2289  business practices or conduct that is detrimental to the public,
 2290  contract holders, investors, or creditors by manipulation of
 2291  assets, finances, or accounts or by bad faith.
 2292         (18) The provider has not filed a notice of change in
 2293  management, fails to remove a disapproved manager, or persists
 2294  in appointing disapproved managers.
 2295  
 2296  Revocation of a certificate of authority under this section does
 2297  not relieve a provider from the provider’s obligation to
 2298  residents under the terms and conditions of any continuing care
 2299  or continuing care at-home contract between the provider and
 2300  residents or the provisions of this chapter. The provider shall
 2301  continue to file its annual statement and pay license fees to
 2302  the office as required under this chapter as if the certificate
 2303  of authority had continued in full force, but the provider shall
 2304  not issue any new contracts. The office may seek an action in
 2305  the Circuit Court of Leon County to enforce the office’s order
 2306  and the provisions of this section.
 2307         Section 27. Section 651.1065, Florida Statutes, is created
 2308  to read:
 2309         651.1065 Soliciting or accepting new continuing care
 2310  contracts by impaired or insolvent facilities or providers.—
 2311         (1) Regardless of whether delinquency proceedings as to a
 2312  continuing care facility have been or are to be initiated, a
 2313  proprietor, a general partner, a member, an officer, a director,
 2314  a trustee, or a manager of a continuing care facility may not
 2315  actively solicit, approve the solicitation or acceptance of, or
 2316  accept new continuing care contracts in this state after the
 2317  proprietor, general partner, member, officer, director, trustee,
 2318  or manager knew, or reasonably should have known, that the
 2319  continuing care facility was impaired or insolvent except with
 2320  the written permission of the office. If the facility has
 2321  declared bankruptcy, the bankruptcy court or trustee appointed
 2322  by the court has jurisdiction over such matters. The office must
 2323  approve or disapprove the continued marketing of new contracts
 2324  within 15 days after receiving a request from a provider.
 2325         (2) A proprietor, a general partner, a member, an officer,
 2326  a director, a trustee, or a manager who violates this section
 2327  commits a felony of the third degree, punishable as provided in
 2328  s. 775.082, s. 775.083, or s. 775.084.
 2329         Section 28. Subsections (1) and (3) of section 651.111,
 2330  Florida Statutes, are amended to read:
 2331         651.111 Requests for inspections.—
 2332         (1) Any interested party may request an inspection of the
 2333  records and related financial affairs of a provider providing
 2334  care in accordance with the provisions of this chapter by
 2335  transmitting to the office notice of an alleged violation of
 2336  applicable requirements prescribed by statute or by rule,
 2337  specifying to a reasonable extent the details of the alleged
 2338  violation, which notice must shall be signed by the complainant.
 2339  As used in this section, the term “inspection” means an inquiry
 2340  into a provider’s compliance with this chapter.
 2341         (3) Upon receipt of a complaint, the office shall make a
 2342  preliminary review to determine if the complaint alleges a
 2343  violation of this chapter; and, unless the office determines
 2344  that the complaint does not allege a violation of this chapter
 2345  or is without any reasonable basis, the office shall make an
 2346  inspection. The office shall provide the complainant with a
 2347  written acknowledgment of the complaint within 15 days after
 2348  receipt by the office. The complainant shall be advised, within
 2349  30 days after the receipt of the complaint by the office, of the
 2350  office’s determination that the complaint does not allege a
 2351  violation of this chapter, that the complaint is without any
 2352  reasonable basis, or that the office will make an inspection.
 2353  The notice must include an estimated timeframe for completing
 2354  the inspection and a contact number. If the inspection is not
 2355  completed within the estimated timeframe, the office must
 2356  provide the complainant with a revised timeframe. Within 15 days
 2357  after completing an inspection, the office shall provide the
 2358  complainant and the provider a written statement specifying any
 2359  violations of this chapter and any actions taken or that no such
 2360  violation was found proposed course of action of the office.
 2361         Section 29. Section 651.114, Florida Statutes, is amended
 2362  to read:
 2363         651.114 Delinquency proceedings; remedial rights.—
 2364         (1) Upon determination by the office that a provider is not
 2365  in compliance with this chapter, the office may notify the chair
 2366  of the Continuing Care Advisory Council, who may assist the
 2367  office in formulating a corrective action plan.
 2368         (2) Within 30 days after a request by either the advisory
 2369  council or the office, a provider shall make a plan for
 2370  obtaining compliance or solvency available to the advisory
 2371  council and the office, within 30 days after being requested to
 2372  do so by the council, a plan for obtaining compliance or
 2373  solvency.
 2374         (3) Within 30 days after receipt of a plan for obtaining
 2375  compliance or solvency, the office or, at the request of the
 2376  office, notification, the advisory council shall:
 2377         (a) Consider and evaluate the plan submitted by the
 2378  provider.
 2379         (b) Discuss the problem and solutions with the provider.
 2380         (c) Conduct such other business as is necessary.
 2381         (d) Report its findings and recommendations to the office,
 2382  which may require additional modification of the plan.
 2383  
 2384  This subsection may not be construed to delay or prevent the
 2385  office from taking any regulatory measures it deems necessary
 2386  regarding the provider that submitted the plan.
 2387         (4) If the financial condition of a continuing care
 2388  facility or provider is impaired or is such that if not modified
 2389  or corrected, its continued operation would result in
 2390  insolvency, the office may direct the provider to formulate and
 2391  file with the office a corrective action plan. If the provider
 2392  fails to submit a plan within 30 days after the office’s
 2393  directive or submits a plan that is insufficient to correct the
 2394  condition, the office may specify a plan and direct the provider
 2395  to implement the plan. Before specifying a plan, the office may
 2396  seek a recommended plan from the advisory council.
 2397         (5)(4) After receiving approval of a plan by the office,
 2398  the provider shall submit a progress report monthly to the
 2399  advisory council or the office, or both, in a manner prescribed
 2400  by the office. After 3 months, or at any earlier time deemed
 2401  necessary, the council shall evaluate the progress by the
 2402  provider and shall advise the office of its findings.
 2403         (6)(5)If Should the office finds find that sufficient
 2404  grounds exist for rehabilitation, liquidation, conservation,
 2405  reorganization, seizure, or summary proceedings of an insurer as
 2406  set forth in ss. 631.051, 631.061, and 631.071, the department
 2407  office may petition for an appropriate court order or may pursue
 2408  such other relief as is afforded in part I of chapter 631.
 2409  Before invoking its powers under part I of chapter 631, the
 2410  department office shall notify the chair of the advisory
 2411  council.
 2412         (7) Notwithstanding s. 631.011, impairment of a provider,
 2413  for purposes of s. 631.051, has the same meaning as the term
 2414  “impaired” in s. 651.011.
 2415         (8)(6) In the event an order of conservation,
 2416  rehabilitation, liquidation, or conservation, reorganization,
 2417  seizure, or summary proceeding has been entered against a
 2418  provider, the department and office are vested with all of the
 2419  powers and duties they have under the provisions of part I of
 2420  chapter 631 in regard to delinquency proceedings of insurance
 2421  companies. A provider shall give written notice of the
 2422  proceeding to its residents within 3 business days after the
 2423  initiation of a delinquency proceeding under chapter 631 and
 2424  shall include a notice of the delinquency proceeding in any
 2425  written materials provided to prospective residents
 2426         (7) If the financial condition of the continuing care
 2427  facility or provider is such that, if not modified or corrected,
 2428  its continued operation would result in insolvency, the office
 2429  may direct the provider to formulate and file with the office a
 2430  corrective action plan. If the provider fails to submit a plan
 2431  within 30 days after the office’s directive or submits a plan
 2432  that is insufficient to correct the condition, the office may
 2433  specify a plan and direct the provider to implement the plan.
 2434         (9) A provider subject to an order to show cause entered
 2435  pursuant to chapter 631 must file its written response to the
 2436  order, together with any defenses it may have to the
 2437  department’s allegations, not later than 20 days after service
 2438  of the order to show cause, but not less than 15 days before the
 2439  date of the hearing set by the order to show cause.
 2440         (10) A hearing held pursuant to chapter 631 to determine
 2441  whether cause exists for the department to be appointed receiver
 2442  must be commenced within 60 days after an order directing a
 2443  provider to show cause.
 2444         (11)(a)(8)(a) The rights of the office described in this
 2445  section are subordinate to the rights of a trustee or lender
 2446  pursuant to the terms of a resolution, ordinance, loan
 2447  agreement, indenture of trust, mortgage, lease, security
 2448  agreement, or other instrument creating or securing bonds or
 2449  notes issued to finance a facility, and the office, subject to
 2450  the provisions of paragraph (c), may shall not exercise its
 2451  remedial rights provided under this section and ss. 651.018,
 2452  651.106, 651.108, and 651.116 with respect to a facility that is
 2453  subject to a lien, mortgage, lease, or other encumbrance or
 2454  trust indenture securing bonds or notes issued in connection
 2455  with the financing of the facility, if the trustee or lender, by
 2456  inclusion or by amendment to the loan documents or by a separate
 2457  contract with the office, agrees that the rights of residents
 2458  under a continuing care or continuing care at-home contract will
 2459  be honored and will not be disturbed by a foreclosure or
 2460  conveyance in lieu thereof as long as the resident:
 2461         1. Is current in the payment of all monetary obligations
 2462  required by the contract;
 2463         2. Is in compliance and continues to comply with all
 2464  provisions of the contract; and
 2465         3. Has asserted no claim inconsistent with the rights of
 2466  the trustee or lender.
 2467         (b) This subsection does not require a trustee or lender
 2468  to:
 2469         1. Continue to engage in the marketing or resale of new
 2470  continuing care or continuing care at-home contracts;
 2471         2. Pay any rebate of entrance fees as may be required by a
 2472  resident’s continuing care or continuing care at-home contract
 2473  as of the date of acquisition of the facility by the trustee or
 2474  lender and until expiration of the period described in paragraph
 2475  (d);
 2476         3. Be responsible for any act or omission of any owner or
 2477  operator of the facility arising before the acquisition of the
 2478  facility by the trustee or lender; or
 2479         4. Provide services to the residents to the extent that the
 2480  trustee or lender would be required to advance or expend funds
 2481  that have not been designated or set aside for such purposes.
 2482         (c) If Should the office determines determine, at any time
 2483  during the suspension of its remedial rights as provided in
 2484  paragraph (a), that:
 2485         1. The trustee or lender is not in compliance with
 2486  paragraph (a);, or that
 2487         2. A lender or trustee has assigned or has agreed to assign
 2488  all or a portion of a delinquent or defaulted loan to a third
 2489  party without the office’s written consent;,
 2490         3. The provider engaged in the misappropriation,
 2491  conversion, or illegal commitment or withdrawal of minimum
 2492  liquid reserve or escrowed funds required under this chapter;
 2493         4. The provider refused to be examined by the office
 2494  pursuant to s. 651.105(1); or
 2495         5. The provider refused to produce any relevant accounts,
 2496  records, and files requested as part of an examination,
 2497  
 2498  the office shall notify the trustee or lender in writing of its
 2499  determination, setting forth the reasons giving rise to the
 2500  determination and specifying those remedial rights afforded to
 2501  the office which the office shall then reinstate.
 2502         (d) Upon acquisition of a facility by a trustee or lender
 2503  and evidence satisfactory to the office that the requirements of
 2504  paragraph (a) have been met, the office shall issue a 90-day
 2505  temporary certificate of authority granting the trustee or
 2506  lender the authority to engage in the business of providing
 2507  continuing care or continuing care at-home and to issue
 2508  continuing care or continuing care at-home contracts subject to
 2509  the office’s right to immediately suspend or revoke the
 2510  temporary certificate of authority if the office determines that
 2511  any of the grounds described in s. 651.106 apply to the trustee
 2512  or lender or that the terms of the contract used as the basis
 2513  for the issuance of the temporary certificate of authority by
 2514  the office have not been or are not being met by the trustee or
 2515  lender since the date of acquisition.
 2516         Section 30. Section 651.1141, Florida Statutes, is created
 2517  to read:
 2518         651.1141 Immediate final orders.
 2519         (1)The Legislature finds that the following actions
 2520  constitute an imminent and immediate threat to the public
 2521  health, safety, and welfare of the residents of this state:
 2522         (a) The installation of a general partner of a provider or
 2523  assumption of ownership or possession or control of 10 percent
 2524  or more of a provider’s assets in violation of s. 651.024 or s.
 2525  651.0245;
 2526         (b)The removal or commitment of 10 percent or more of the
 2527  required minimum liquid reserve funds in violation of s.
 2528  651.035; or
 2529         (c)The assumption of control over a facility’s operations
 2530  in violation of s. 651.043.
 2531         (2)If it finds that a person or entity is engaging or has
 2532  engaged in one or more of the above activities, the office may,
 2533  pursuant to s. 120.569, issue an immediate final order:
 2534         (a)Directing that such person or entity cease and desist
 2535  that activity; or
 2536         (b)Suspending the certificate of authority of the
 2537  facility.
 2538         Section 31. Subsection (1) of section 651.121, Florida
 2539  Statutes, is amended to read:
 2540         651.121 Continuing Care Advisory Council.—
 2541         (1) The Continuing Care Advisory Council to the office is
 2542  created consisting of 10 members who are residents of this state
 2543  appointed by the Governor and geographically representative of
 2544  this state. Three members shall be representatives
 2545  administrators of facilities that hold valid certificates of
 2546  authority under this chapter and shall have been actively
 2547  engaged in the offering of continuing care contracts in this
 2548  state for 5 years before appointment. The remaining members
 2549  include:
 2550         (a) A representative of the business community whose
 2551  expertise is in the area of management.
 2552         (b) A representative of the financial community who is not
 2553  a facility owner or administrator.
 2554         (c) A certified public accountant.
 2555         (d) An attorney.
 2556         (d)(e)Four Three residents who hold continuing care or
 2557  continuing care at-home contracts with a facility certified in
 2558  this state.
 2559         Section 32. Subsections (1) and (4) of section 651.125,
 2560  Florida Statutes, are amended to read:
 2561         651.125 Criminal penalties; injunctive relief.—
 2562         (1) Any person who maintains, enters into, or, as manager
 2563  or officer or in any other administrative capacity, assists in
 2564  entering into, maintaining, or performing any continuing care or
 2565  continuing care at-home contract subject to this chapter without
 2566  doing so in pursuance of a valid provisional certificate of
 2567  authority or certificate of authority or renewal thereof, as
 2568  contemplated by or provided in this chapter, or who otherwise
 2569  violates any provision of this chapter or rule adopted in
 2570  pursuance of this chapter, commits a felony of the third degree,
 2571  punishable as provided in s. 775.082 or s. 775.083. Each
 2572  violation of this chapter constitutes a separate offense.
 2573         (4) Any action brought by the office against a provider
 2574  shall not abate by reason of a sale or other transfer of
 2575  ownership of the facility used to provide care, which provider
 2576  is a party to the action, except with the express written
 2577  consent of the director of the office.
 2578         Section 33. Except as otherwise expressly provided in this
 2579  act and except for this section, which shall take effect July 1,
 2580  2019, this act shall take effect January 1, 2020.