Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1600
       
       
       
       
       
       
                                Ì496816FÎ496816                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/11/2026           .                                
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       The Committee on Children, Families, and Elder Affairs
       (Yarborough) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (5) is added to section 409.993,
    6  Florida Statutes, to read:
    7         409.993 Lead agencies and subcontractor liability.—
    8         (5)(a)The Office of Insurance Regulation, in collaboration
    9  with the Department of Children and Families and communitybased
   10  care lead agencies and their subcontracted providers must review
   11  all available, relevant, and appropriate data from the previous
   12  five fiscal years related to liability insurance coverage and
   13  availability to analyze the following:
   14         1.Access to and availability of liability insurance
   15  through authorized insurance companies, surplus lines companies,
   16  and self-insurance funds;
   17         2.Factors affecting the ability to obtain and maintain
   18  liability insurance;
   19         3.Cost of general liability insurance based on insurance
   20  premium documentation;
   21         4.Claims data;
   22         5.Settlement and judicial disposition data;
   23         6.Community-based care lead agency operating budget and
   24  expenses;
   25         7.Impact of insurance costs on the financial condition of
   26  community-based care lead agencies and their subcontractors; and
   27         8.Consistency of statutory insurance requirements with the
   28  general insurance market.
   29         (b)The Office of Insurance Regulation must develop a
   30  report on the findings of its review and analysis, including,
   31  but not limited to:
   32         1.Summary of the methods used and data obtained for review
   33  and analysis;
   34         2.Trends in insurance premium rates;
   35         3.Trends in claims and settlements;
   36         4.Trends in liability coverage affordability and
   37  availability;
   38         5.Actionable recommendations for agency and legislative
   39  changes to ensure affordable and available liability insurance
   40  for community-based care lead agencies and their subcontractors.
   41         (c)The report must be provided to the Governor, President
   42  of the Senate, and Speaker of the House of Representatives by
   43  January 1, 2027.
   44         (d)The Office of Insurance Regulation is authorized to
   45  levy fines or otherwise penalize an insurance company for
   46  failure to reply to any request for information within 30
   47  calendar days of such request. Any fine schedule set by the
   48  Office shall not exceed $500 per day for the first 3 days late
   49  and $1000 per day for each late day thereafter, which shall be
   50  transferred to the General Revenue Fund.
   51         (e)The Department of Children and Families is authorized
   52  to levy fines or otherwise penalize a community-based care lead
   53  agency or subcontractor for failure to reply to any request for
   54  information within 30 calendar days of such request. Any fine
   55  schedule set by the Department shall not exceed $500 per day for
   56  the first 3 days late and $1000 for each late day thereafter,
   57  which shall be transferred to the General Revenue Fund.
   58         (f)This subsection of law shall stand repealed on July 1,
   59  2027, unless reviewed and saved from repeal through reenactment
   60  by the Legislature.
   61         Section 2. This act shall take effect July 1, 2025.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to community-based care lead agency
   69         liability insurance; amending s. 409.993, F.S.;
   70         requiring the Office of Insurance Regulation and the
   71         Department of Children and Families to review and
   72         analyze certain data; requiring the Office of
   73         Insurance Regulation to provide a report to the
   74         Governor and Legislature; allowing for the provision
   75         of fines or other penalties by the Office of Insurance
   76         Regulation or the Department of Children and Families
   77         for failure to timely reply to certain requests of
   78         information; providing for a cap on fines if a fine
   79         schedule is created; providing for future repeal of
   80         the section; providing an effective date.