Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. SB 660
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .                                
             02/08/2018 04:52 PM       .                                

       Senator Brandes moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 624.1265, Florida Statutes, is amended
    6  to read:
    7         624.1265 Nonprofit religious organization exemption;
    8  authority; notice.—
    9         (1) A nonprofit religious organization is not subject to
   10  the requirements of the Florida Insurance Code if the nonprofit
   11  religious organization:
   12         (a) Qualifies under Title 26, s. 501 of the Internal
   13  Revenue Code of 1986, as amended;
   14         (b) Limits its participants to those members who share a
   15  common set of ethical or religious beliefs of the same religion;
   16         (c) Acts as a facilitator among an organizational
   17  clearinghouse for information between participants who have
   18  financial, physical, or medical needs to assist those with
   19  financial, physical, or medical needs in accordance with
   20  criteria established by the nonprofit religious organization and
   21  participants who have the ability to pay for the benefit of
   22  those participants who have financial, physical, or medical
   23  needs;
   24         (d) Provides for the financial or medical needs of a
   25  participant through contributions from other participants, or
   26  through payments directly from one participant to another
   27  participant; and
   28         (e)Provides amounts that participants may contribute, with
   29  no assumption of risk and no promise to pay:
   30         1.Among the participants; or
   31         2.By the nonprofit religious organization to the
   32  participants;
   33         (f)Provides a monthly accounting to the participants of
   34  the total dollar amount of qualified needs actually shared in
   35  the previous month in accordance with criteria established by
   36  the nonprofit religious organization; and
   37         (g)Conducts an annual audit that is performed by an
   38  independent certified public accounting firm in accordance with
   39  generally accepted accounting principles and that is made
   40  available to the public by providing a copy upon request or by
   41  posting on the nonprofit religious organization’s website
   42  suggests amounts that participants may voluntarily give with no
   43  assumption of risk or promise to pay among the participants or
   44  between the participants.
   45         (2) This section does not prevent:
   46         (a)The organization described in subsection (1) from
   47  establishing qualifications of participation relating to the
   48  health of a prospective participant, does not prevent A
   49  participant from limiting the financial or medical needs that
   50  may be eligible for payment; or, and does not prevent
   51         (b) The nonprofit religious organization from canceling the
   52  membership of a participant when such participant indicates his
   53  or her unwillingness to participate by failing to meet the
   54  conditions of membership make a payment to another participant
   55  for a period in excess of 60 days.
   56         (3) The nonprofit religious organization described in
   57  subsection (1) shall provide a written disclaimer on or
   58  accompanying all applications and guideline materials
   59  distributed by or on behalf of the nonprofit religious
   60  organization. The disclaimer must read in substance: “Notice:
   61  The organization facilitating the sharing of medical expenses is
   62  not an insurance company, and neither its guidelines nor its
   63  plan of operation is an insurance policy. Membership is not
   64  offered through an insurance company, and the organization is
   65  not subject to the regulatory requirements or consumer
   66  protections of the Florida Insurance Code. Whether anyone
   67  chooses to assist you with your medical bills will be totally
   68  voluntary because no other participant is compelled by law to
   69  contribute toward your medical bills. As such, participation in
   70  the organization or a subscription to any of its documents
   71  should never be considered to be insurance. Regardless of
   72  whether you receive any payments for medical expenses or whether
   73  this organization continues to operate, you are always
   74  personally responsible for the payment of your own medical
   75  bills.” each prospective participant in the organizational
   76  clearinghouse written notice that the organization is not an
   77  insurance company, that membership is not offered through an
   78  insurance company, and that the organization is not subject to
   79  the regulatory requirements or consumer protections of the
   80  Florida Insurance Code.
   81         Section 2. This act shall take effect July 1, 2018.
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete everything before the enacting clause
   86  and insert:
   87                        A bill to be entitled                      
   88         An act relating to the Florida Insurance Code
   89         exemption for nonprofit religious organizations;
   90         amending s. 624.1265, F.S.; revising criteria under
   91         which a nonprofit religious organization that
   92         facilitates the sharing of contributions among its
   93         participants for financial, physical, or medical needs
   94         is exempt from requirements of the code; revising
   95         construction; revising requirements for a notice
   96         provided by the organization; providing an effective
   97         date.