Florida Senate - 2026 CS for SB 1600
By the Committee on Children, Families, and Elder Affairs; and
Senator Yarborough
586-02686-26 20261600c1
1 A bill to be entitled
2 An act relating to community-based care lead agency
3 liability insurance; amending s. 409.993, F.S.;
4 requiring the Office of Insurance Regulation, in
5 collaboration with the Department of Children and
6 Families and other entities, to review and analyze
7 certain data; requiring the office to provide a
8 certain report to the Governor and Legislature;
9 authorizing the office to levy fines or otherwise
10 penalize insurance companies, and the department to
11 levy fines or otherwise penalize community-based care
12 lead agencies, for failure to timely reply to certain
13 requests for information; limiting the amount of
14 certain fines to specified amounts; requiring the
15 transfer of such fines to the General Revenue Fund;
16 providing for legislative review and repeal; providing
17 an effective date.
18
19 Be It Enacted by the Legislature of the State of Florida:
20
21 Section 1. Subsection (5) is added to section 409.993,
22 Florida Statutes, to read:
23 409.993 Lead agencies and subcontractor liability.—
24 (5) OFFICE OF INSURANCE REGULATION REVIEW.—
25 (a) The Office of Insurance Regulation, in collaboration
26 with the Department of Children and Families and community—based
27 care lead agencies and their subcontracted providers, shall
28 review all available, relevant, and appropriate data from the
29 previous 5 fiscal years related to liability insurance coverage
30 and availability to analyze the following:
31 1. Access to and availability of liability insurance
32 through authorized insurance companies, surplus lines companies,
33 and self-insurance funds;
34 2. Factors affecting the ability to obtain and maintain
35 liability insurance;
36 3. Cost of general liability insurance based on insurance
37 premium documentation;
38 4. Claims data;
39 5. Settlement and judicial disposition data;
40 6. Community-based care lead agency operating budget and
41 expenses;
42 7. Impact of insurance costs on the financial condition of
43 community-based care lead agencies and their subcontractors; and
44 8. Consistency of statutory insurance requirements with the
45 general insurance market.
46 (b) The Office of Insurance Regulation shall develop a
47 report on the findings of its review and analysis, including,
48 but not limited to:
49 1. Summary of the methods used and data obtained for review
50 and analysis;
51 2. Trends in insurance premium rates;
52 3. Trends in claims and settlements;
53 4. Trends in liability coverage affordability and
54 availability; and
55 5. Actionable recommendations for agency and legislative
56 changes to ensure affordable and available liability insurance
57 for community-based care lead agencies and their subcontractors.
58 (c) The report must be provided to the Governor, the
59 President of the Senate, and the Speaker of the House of
60 Representatives by January 1, 2027.
61 (d) The Office of Insurance Regulation is authorized to
62 levy fines or otherwise penalize an insurance company for
63 failure to reply to any request for information within 30
64 calendar days after such request. Any fine schedule set by the
65 office may not exceed $500 per day for the first 3 days late and
66 $1000 per day for each late day thereafter, which shall be
67 transferred to the General Revenue Fund.
68 (e) The Department of Children and Families is authorized
69 to levy fines or otherwise penalize a community-based care lead
70 agency or subcontractor for failure to reply to any request for
71 information within 30 calendar days after such request. Any fine
72 schedule set by the department may not exceed $500 per day for
73 the first 3 days late and $1000 for each late day thereafter,
74 which shall be transferred to the General Revenue Fund.
75 (f) This subsection shall stand repealed on July 1, 2027,
76 unless reviewed and saved from repeal through reenactment by the
77 Legislature.
78 Section 2. This act shall take effect July 1, 2026.