Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 622
       
       
       
       
       
       
                                Ì528586VÎ528586                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/07/2023           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Banking and Insurance (Yarborough) recommended
       the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present subsections (13) through (26) and (27)
    7  of section 651.011, Florida Statutes, are redesignated as
    8  subsections (14) through (27) and (29), respectively, and new
    9  subsection (13) and subsection (28) are added to that section,
   10  to read:
   11         651.011 Definitions.—As used in this chapter, the term:
   12         (13) “Designated resident representative” means a resident
   13  elected by the residents’ council to represent residents on
   14  matters related to changes in fees or services as specified in
   15  s. 651.085(2) and (3).
   16         (28)“Residents’ council” means an organized body
   17  representing the resident population of a certified facility. A
   18  residents’ council shall serve as a liaison between residents
   19  and the appropriate representative of the provider.
   20         Section 2. Paragraph (b) of subsection (4) and subsection
   21  (6) of section 651.0246, Florida Statutes, are amended to read:
   22         651.0246 Expansions.—
   23         (4) The provider is entitled to secure release of the
   24  moneys held in escrow within 7 days after receipt by the office
   25  of an affidavit from the provider, along with appropriate copies
   26  to verify, and notification to the escrow agent by certified
   27  mail that the following conditions have been satisfied:
   28         (b) Payment in full has been received for at least 50
   29  percent of the total units of a phase or of the total of the
   30  combined phases constructed; or a provider has collected a
   31  reservation deposit for at least 75 percent of the proposed
   32  units for which an entrance fee is to be charged and the
   33  escrowed funds will be used for the sole purpose of paying
   34  secured indebtedness as specified in the feasibility study
   35  submitted pursuant to paragraph (2)(a). The minimum reservation
   36  deposit must be the lesser of $40,000 or 10 percent of the then
   37  current entrance fee for the unit being reserved. If the
   38  expansion is to be completed in multiple phases, the 75 percent
   39  reservation requirement applies separately to each phase of the
   40  expansion. If a provider offering continuing care at-home is
   41  applying for a release of escrowed entrance fees, the same
   42  minimum requirement must be met for the continuing care and
   43  continuing care at-home contracts independently of each other.
   44  
   45  Notwithstanding chapter 120, only the provider, the escrow
   46  agent, and the office have a substantial interest in any office
   47  decision regarding release of escrow funds in any proceedings
   48  under chapter 120 or this chapter.
   49         (6) Within 30 45 days after the date on which an
   50  application is deemed complete as provided in paragraph (5)(b),
   51  the office shall complete its review and, based upon its review,
   52  approve an expansion by the applicant and issue a determination
   53  that the application meets all requirements of law, that the
   54  feasibility study was based on sufficient data and reasonable
   55  assumptions, and that the applicant will be able to provide
   56  continuing care or continuing care at-home as proposed and meet
   57  all financial and contractual obligations related to its
   58  operations, including the financial requirements of this
   59  chapter. If the application is denied, the office must notify
   60  the applicant in writing, citing the specific failures to meet
   61  the requirements of this chapter. The denial entitles the
   62  applicant to a hearing pursuant to chapter 120.
   63         Section 3. Paragraph (b) of subsection (2) of section
   64  651.026, Florida Statutes, is amended to read:
   65         651.026 Annual reports.—
   66         (2) The annual report shall be in such form as the
   67  commission prescribes and shall contain at least the following:
   68         (b) A financial report audited by an independent certified
   69  public accountant which must contain, for two or more periods if
   70  the facility has been in existence that long, all of the
   71  following:
   72         1. An accountant’s opinion and, in accordance with
   73  generally accepted accounting principles:
   74         a. A balance sheet;
   75         b. A statement of income and expenses;
   76         c. A statement of equity or fund balances; and
   77         d. A statement of changes in cash flows.
   78         2. Notes to the financial report considered customary or
   79  necessary for full disclosure or adequate understanding of the
   80  financial report, financial condition, and operation.
   81         3.If the provider’s financial statements are consolidated
   82  or combined in accordance with generally accepted accounting
   83  principles with the financial statements of additional entities
   84  owned or controlled by the provider, the financial report must
   85  include as supplemental information a separate balance sheet,
   86  statement of income and expenses, statement of equity or fund
   87  balances, and statement of changes in cash flows for the
   88  individual provider and each additional entity comprising the
   89  consolidated or combined financial report.
   90         4.If the provider is a member of an obligated group, the
   91  provider may use the obligated group’s audited financial
   92  statements if they contain as supplemental information a
   93  separate balance sheet, statement of income and expenses,
   94  statement of equity or fund balances, and statement of changes
   95  in cash flows for the individual provider and other members of
   96  the obligated group.
   97         Section 4. Paragraph (a) of subsection (1) and paragraph
   98  (c) of subsection (3) of section 651.033, Florida Statutes, are
   99  amended, and paragraph (a) of subsection (3) of that section is
  100  republished, to read:
  101         651.033 Escrow accounts.—
  102         (1) When funds are required to be deposited in an escrow
  103  account pursuant to s. 651.0215, s. 651.022, s. 651.023, s.
  104  651.0246, s. 651.035, or s. 651.055:
  105         (a) The escrow account must be established in a Florida
  106  bank, Florida savings and loan association, Florida trust
  107  company, or a national bank that is chartered and supervised by
  108  the Office of the Comptroller of the Currency within the United
  109  States Department of the Treasury and that has a branch in this
  110  state, which is acceptable to the office, or such funds must be
  111  deposited with the department and be kept and maintained in an
  112  account separate and apart from the provider’s business
  113  accounts.
  114         (3) When entrance fees are required to be deposited in an
  115  escrow account pursuant to s. 651.0215, s. 651.022, s. 651.023,
  116  s. 651.0246, or s. 651.055:
  117         (a) The provider shall deliver to the resident a written
  118  receipt. The receipt must show the payor’s name and address, the
  119  date, the price of the care contract, and the amount of money
  120  paid. A copy of each receipt, together with the funds, must be
  121  deposited with the escrow agent or as provided in paragraph (c).
  122  The escrow agent must release such funds to the provider 7 days
  123  after the date of receipt of the funds by the escrow agent if
  124  the provider, operating under a certificate of authority issued
  125  by the office, has met the requirements of s. 651.0215(8), s.
  126  651.023(6), or s. 651.0246. However, if the resident rescinds
  127  the contract within the 7-day period, the escrow agent must
  128  release the escrowed fees to the resident.
  129         (c) As an alternative to paragraph (a) At the request of an
  130  individual resident of a facility, the provider may hold the
  131  check for the 7-day period and may not deposit it during this
  132  time period. If the resident rescinds the contract within the 7
  133  day period, the check must be immediately returned to the
  134  resident. Upon the expiration of the 7 days, the provider shall
  135  deposit the check.
  136         Section 5. Subsection (6) of section 651.034, Florida
  137  Statutes, is amended to read:
  138         651.034 Financial and operating requirements for
  139  providers.—
  140         (6) The office may exempt a provider from subsection (1) or
  141  subsection (2) until stabilized occupancy is reached or until
  142  the time projected to achieve stabilized occupancy as reported
  143  in the last feasibility study required by the office as part of
  144  an application filing under s. 651.0215, s. 651.023, s. 651.024,
  145  or s. 651.0246 has elapsed, but for no longer than 5 years after
  146  the end of the provider’s fiscal year in which the certificate
  147  of occupancy was issued date of issuance of the certificate of
  148  occupancy.
  149         Section 6. Paragraph (b) of subsection (1), paragraph (a)
  150  of subsection (2), subsection (5), and paragraph (a) of
  151  subsection (7) of section 651.035, Florida Statutes, are amended
  152  to read:
  153         651.035 Minimum liquid reserve requirements.—
  154         (1) A provider shall maintain in escrow a minimum liquid
  155  reserve consisting of the following reserves, as applicable:
  156         (b) A provider that has outstanding indebtedness that
  157  requires a debt service reserve to be held in escrow pursuant to
  158  a trust indenture or mortgage lien on the facility and for which
  159  the debt service reserve may only be used to pay principal and
  160  interest payments on the debt that the debtor is obligated to
  161  pay, and which may include property taxes and insurance, may
  162  include such debt service reserve in computing the minimum
  163  liquid reserve needed to satisfy this subsection if the provider
  164  furnishes to the office a copy of the agreement under which such
  165  debt service reserve is held, together with a statement of the
  166  amount being held in escrow for the debt service reserve,
  167  certified by the lender or trustee and the provider to be
  168  correct. The trustee shall provide the office with any
  169  information concerning the debt service reserve account upon
  170  request of the provider or the office. In addition, the trust
  171  indenture, loan agreement, or escrow agreement must provide that
  172  the provider, trustee, lender, escrow agent, or another person
  173  designated to act in their place shall notify the office in
  174  writing at least 10 days before the withdrawal of any portion of
  175  the debt service reserve funds required to be held in escrow as
  176  described in this paragraph. The notice must include an
  177  affidavit sworn to by the provider, the trustee, or a person
  178  designated to act in their place which includes the amount of
  179  the scheduled debt service payment, the payment due date, the
  180  amount of the withdrawal, the accounts from which the withdrawal
  181  will be made, and a plan with a schedule for replenishing the
  182  withdrawn funds. If the plan is revised by a consultant that is
  183  retained as prescribed in the provider’s financing documents,
  184  the revised plan must be submitted to the office within 10 days
  185  after approval by the lender or trustee. Any such separate debt
  186  service reserves are not subject to the transfer provisions set
  187  forth in subsection (8).
  188         (2)(a) In facilities where not all residents are under
  189  continuing care or continuing care at-home contracts, the
  190  reserve requirements of subsection (1) shall be computed only
  191  with respect to the proportional share of operating expenses
  192  that are applicable to residents. For purposes of this
  193  calculation, the proportional share shall be based upon the
  194  ratio of residents under continuing care or continuing care at
  195  home contracts to the total of all residents, including those
  196  residents who do not hold such contracts.
  197         (5) A provider may satisfy the minimum liquid reserve
  198  requirements of this section by acquiring from a financial
  199  institution, as specified in paragraph (b), a clean,
  200  unconditional irrevocable letter of credit equal to the
  201  requirements of this section, less the amount of escrowed
  202  operating cash required by paragraph (d).
  203         (a) The letter of credit must be issued by a financial
  204  institution participating in the State of Florida Treasury
  205  Certificate of Deposit Program or a Florida bank, a Florida
  206  savings and loan association, a Florida trust company, or a
  207  national bank that is chartered and supervised by the Office of
  208  the Comptroller of the Currency within the United States
  209  Department of the Treasury, and must be approved by the office
  210  before issuance and before any renewal or modification thereof.
  211  At a minimum, the letter of credit must provide for:
  212         1. Ninety days’ prior written notice to both the provider
  213  and the office of the financial institution’s determination not
  214  to renew or extend the term of the letter of credit.
  215         2. Unless otherwise arranged by the provider to the
  216  satisfaction of the office, deposit by the financial institution
  217  of letter of credit funds in an account designated by the office
  218  no later than 30 days before the expiration of the letter of
  219  credit.
  220         3. Deposit by the financial institution of letter of credit
  221  funds in an account designated by the office within 4 business
  222  days following written instructions from the office that, in the
  223  sole judgment of the office, funding of the minimum liquid
  224  reserve is required.
  225         (b) The terms of the letter of credit must be approved by
  226  the office and the long-term debt of the financial institution
  227  providing such letter of credit must be rated in one of their
  228  top three long-term debt rating categories by either Moody’s
  229  Investors Service, Standard & Poor’s Corporation, or a
  230  recognized securities rating agency acceptable to the office.
  231         (c) The letter of credit must name the office as
  232  beneficiary.
  233         (d) Notwithstanding any other provision of this section, a
  234  provider using a letter of credit pursuant to this subsection
  235  shall, at all times, have and maintain in escrow an operating
  236  cash reserve equal to 2 months’ operating expenses as determined
  237  pursuant to s. 651.026.
  238         (e) If the issuing financial institution no longer
  239  participates in the State of Florida Treasury Certificate of
  240  Deposit Program, such financial institution shall deposit as
  241  collateral with the department eligible securities, as
  242  prescribed by s. 625.52, having a market value equal to or
  243  greater than 100 percent of the stated amount of the letter of
  244  credit.
  245         (7)(a) A provider may withdraw funds held in escrow without
  246  the approval of the office if:
  247         1. The amount held in escrow exceeds the requirements of
  248  this section and if the withdrawal will not affect compliance
  249  with this section; or
  250         2.The withdrawal is from a debt service reserve required
  251  to be held in escrow pursuant to a trust indenture or mortgage
  252  lien on the facility as described in paragraph (1)(b) and will
  253  be used to pay principal or interest payments, which may include
  254  property taxes and insurance, the debtor is obligated to pay
  255  when sufficient funds are not available on the next principal or
  256  interest payment due date.
  257  
  258  The notice specified in paragraph (1)(b) must be sent to the
  259  office at least 10 days before debt service reserve funds may be
  260  withdrawn without prior approval.
  261         Section 7. Subsection (2) of section 651.055, Florida
  262  Statutes, is amended to read:
  263         651.055 Continuing care contracts; right to rescind.—
  264         (2) A resident has the right to rescind a continuing care
  265  contract and receive a full refund of any funds paid, without
  266  penalty or forfeiture, within 7 days after executing the
  267  contract. However, if an individual signs a reservation
  268  agreement pursuant to s. 651.023(4) and fails to cancel such
  269  agreement within 30 days after executing the agreement and
  270  subsequently signs a residency contract pursuant to this section
  271  and rescinds the contract within 7 days, the forfeiture penalty
  272  authorized under s. 651.023(4)(b) may be deducted from the
  273  refund unless the individual can demonstrate extenuating
  274  circumstances, such as, but not limited to, the death or illness
  275  of a spouse or partner, a diagnosis of a chronic or terminal
  276  illness of the individual, or a change in financial or asset
  277  position which warrants cancellation of the contract. A resident
  278  may not be required to move into the facility designated in the
  279  contract before the expiration of the 7-day period. During the
  280  7-day period, the resident’s funds must be held in an escrow
  281  account or the provider may hold the check until the 7-day
  282  period expires unless otherwise requested by the resident
  283  pursuant to s. 651.033(3)(c).
  284         Section 8. Paragraphs (a) and (d) of subsection (2) of
  285  section 651.081, Florida Statutes, are amended to read:
  286         651.081 Residents’ council.—
  287         (2)(a) Each facility shall establish a residents’ council
  288  created for the purpose of representing residents on matters set
  289  forth in s. 651.085. A residents’ council has authority to
  290  establish and maintain its own governance documents, such as
  291  bylaws or operating agreements, policies, and operating
  292  procedures, which may include establishment of committees. A
  293  person is eligible to participate in residents’ council matters,
  294  including elections, if the person meets the definition of a
  295  resident under s. 651.011. The residents’ council shall be
  296  established through an election in which the residents, as
  297  defined in s. 651.011, vote by ballot, physically or by proxy.
  298  If the election is to be held during a meeting, a notice of the
  299  organizational meeting must be provided to all residents of the
  300  community at least 10 business days before the meeting. Notice
  301  may be given through internal mailboxes, communitywide
  302  newsletters, bulletin boards, in-house television stations, and
  303  other similar means of communication. An election creating a
  304  residents’ council is valid if at least 40 percent of the total
  305  resident population participates in the election and a majority
  306  of the participants vote affirmatively for the council. The
  307  initial residents’ council created under this section is valid
  308  for at least 12 months. A residents’ organization formalized by
  309  bylaws and elected officials must be recognized as the
  310  residents’ council under this section and s. 651.085. Within 30
  311  days after the election of a newly elected president or chair of
  312  the residents’ council, the provider shall give the president or
  313  chair a copy of this chapter and rules adopted thereunder, or
  314  direct him or her to the appropriate public website to obtain
  315  this information. Only one residents’ council may represent
  316  residents before the governing body of the provider as described
  317  in s. 651.085(2).
  318         (d) A residents’ council shall adopt its own bylaws and
  319  governance documents subject to the vote and approval of the
  320  residents. The residents’ council shall provide for open
  321  meetings when appropriate. The residents’ council governing
  322  documents shall define the manner in which residents may submit
  323  an issue to the council and define a reasonable timeframe in
  324  which the residents’ council shall respond to a resident
  325  submission or inquiry. A residents’ council may include term
  326  limits in its governing documents to ensure consistent
  327  integration of new leaders. If a licensed facility files for
  328  bankruptcy under chapter 11 of the United States Bankruptcy
  329  Code, 11 U.S.C. chapter 11, the facility, in its required filing
  330  of the 20 largest unsecured creditors with the United States
  331  Trustee, shall include the name and contact information of a
  332  designated resident selected by the residents’ council, and a
  333  statement explaining that the designated resident was chosen by
  334  the residents’ council to serve as a representative of the
  335  residents’ interest on the creditors’ committee, if appropriate.
  336         Section 9. Paragraph (f) of subsection (1) of section
  337  651.083, Florida Statutes, is amended to read:
  338         651.083 Residents’ rights.—
  339         (1) No resident of any facility shall be deprived of any
  340  civil or legal rights, benefits, or privileges guaranteed by
  341  law, by the State Constitution, or by the United States
  342  Constitution solely by reason of status as a resident of a
  343  facility. Each resident of a facility has the right to:
  344         (f) Present grievances and recommend changes in policies,
  345  procedures, and services to the staff of the facility, governing
  346  officials, or any other person without restraint, interference,
  347  coercion, discrimination, or reprisal. This right includes
  348  access to ombudsman volunteers or staff and advocates and the
  349  right to be a member of, and active in, and to associate with,
  350  advocacy or special interest groups or associations.
  351         Section 10. Subsections (2), (3), and (5) of section
  352  651.085, Florida Statutes, are amended to read:
  353         651.085 Quarterly meetings between residents and the
  354  governing body of the provider; resident representation before
  355  the governing body of the provider.—
  356         (2) A residents’ council formed pursuant to s. 651.081,
  357  members of which are elected by the residents, shall nominate
  358  and elect designate a designated resident representative to
  359  represent them on matters specified in subsection (3) before the
  360  governing body of the provider. The initial designated resident
  361  representative elected under this section shall be elected to
  362  serve at least 12 months. The designated resident representative
  363  need not be a current member of the residents’ council; however,
  364  such individual must meet the definition of a resident under s.
  365  651.011.
  366         (3) The designated resident representative shall be
  367  notified by a representative of the provider at least 14 days in
  368  advance of any meeting of the full governing body at which the
  369  annual budget and proposed changes or increases in resident fees
  370  or services are on the agenda or will be discussed. The
  371  designated resident representative shall be invited to attend
  372  and participate in that portion of the meeting designated for
  373  the discussion of such changes. A designated resident
  374  representative shall perform his or her duties in good faith.
  375  For a provider that owns or operates more than one facility in
  376  this state, each facility must have its own designated resident
  377  representative.
  378         (5) The board of directors or governing board of a licensed
  379  provider may at its sole discretion allow a resident of the
  380  facility to be a voting member of the board or governing body of
  381  the facility. The board of directors or governing board of a
  382  licensed provider may establish specific criteria for the
  383  nomination, selection, and term of a resident as a member of the
  384  board or governing body. If the board or governing body of a
  385  licensed provider operates more than one licensed facility,
  386  regardless of whether the facility is in-state or out-of-state,
  387  the board or governing body may select at its sole discretion
  388  one resident from among its facilities to serve on the board of
  389  directors or governing body on a rotating basis. A resident who
  390  serves as a member of a board or governing body of the facility
  391  shall perform his or her duties in a fiduciary manner, including
  392  the duty of confidentiality, duty of care, duty of loyalty, and
  393  duty of obedience, as required of any individual serving on the
  394  board or governing body.
  395         Section 11. Present paragraphs (e) through (k) and (l) of
  396  subsection (2) of section 651.091, Florida Statutes, are
  397  redesignated as paragraphs (f) through (l) and (n),
  398  respectively, new paragraph (e) and paragraph (m) are added to
  399  that subsection, and paragraph (m) is added to subsection (3) of
  400  that section, to read:
  401         651.091 Availability, distribution, and posting of reports
  402  and records; requirement of full disclosure.—
  403         (2) Every continuing care facility shall:
  404         (e) Provide a copy of the final examination report and
  405  corrective action plan, if one is required by the office, to the
  406  executive officer of the governing body of the provider and the
  407  president or chair of the residents’ council within 60 days
  408  after issuance of the report.
  409         (m)Notify the president or chair of the residents’ council
  410  in writing of a change in management within 10 business days
  411  after the change.
  412         (3) Before entering into a contract to furnish continuing
  413  care or continuing care at-home, the provider undertaking to
  414  furnish the care, or the agent of the provider, shall make full
  415  disclosure, obtain written acknowledgment of receipt, and
  416  provide copies of the disclosure documents to the prospective
  417  resident or his or her legal representative, of the following
  418  information:
  419         (m)Disclosure of whether the provider has one or more
  420  residents serving on its board or governing body and whether
  421  that individual has a vote or is serving in a nonvoting, ex
  422  officio capacity.
  423         Section 12. Subsections (1) and (6) of section 651.105,
  424  Florida Statutes, are amended to read:
  425         651.105 Examination.—
  426         (1)(a) The office may at any time, and shall at least once
  427  every 3 years, examine the business of any applicant for a
  428  certificate of authority and any provider engaged in the
  429  execution of care contracts or engaged in the performance of
  430  obligations under such contracts, in the same manner as is
  431  provided for the examination of insurance companies pursuant to
  432  ss. 624.316 and 624.318. For a provider as deemed accredited
  433  under s. 651.028, such examinations must take place at least
  434  once every 5 years. An examination covering the preceding 3 or 5
  435  fiscal years of the provider, as applicable, must be commenced
  436  within 12 months after the end of the most recent fiscal year
  437  covered by the examination. Such examination may include events
  438  subsequent to the end of the most recent fiscal year and the
  439  events of any prior period which relate to possible violations
  440  of this chapter or which affect the present financial condition
  441  of the provider. At least once every 3 or 5 fiscal years, as
  442  applicable, the office shall conduct an interview in person,
  443  telephonically, or through electronic communication with the
  444  current president or chair of the residents’ council, or another
  445  designated officer of the council if the president or chair is
  446  not available, as part of the examination process.
  447         (b) Such examinations must be made by a representative or
  448  examiner designated by the office whose compensation will be
  449  fixed by the office pursuant to s. 624.320. Routine examinations
  450  may be made by having the necessary documents submitted to the
  451  office; and, for this purpose, financial documents and records
  452  conforming to commonly accepted accounting principles and
  453  practices, as required under s. 651.026, are deemed adequate.
  454  The final written report of each examination must be filed with
  455  the office and, when so filed, constitutes a public record. Any
  456  provider being examined shall, upon request, give reasonable and
  457  timely access to all of its records. The representative or
  458  examiner designated by the office may at any time examine the
  459  records and affairs and inspect the physical property of any
  460  provider, whether in connection with a formal examination or
  461  not.
  462         (6) A representative of the provider must give a copy of
  463  the final examination report and corrective action plan, if one
  464  is required by the office, to the executive officer of the
  465  governing body of the provider within 60 days after issuance of
  466  the report.
  467         Section 13. Section 651.012, Florida Statutes, is amended
  468  to read:
  469         651.012 Exempted facility; written disclosure of
  470  exemption.—Any facility exempted under ss. 632.637(1)(e) and
  471  651.011(24) ss. 632.637(1)(e) and 651.011(23) must provide
  472  written disclosure of such exemption to each person admitted to
  473  the facility. This disclosure must be written using language
  474  likely to be understood by the person and must briefly explain
  475  the exemption.
  476         Section 14. Subsection (1) of section 651.0261, Florida
  477  Statutes, is amended to read:
  478         651.0261 Quarterly and monthly statements.—
  479         (1) Within 45 days after the end of each fiscal quarter,
  480  each provider shall file a quarterly unaudited financial
  481  statement of the provider or of the facility in the form
  482  prescribed by commission rule and days cash on hand, occupancy,
  483  debt service coverage ratio, and a detailed listing of the
  484  assets maintained in the liquid reserve as required under s.
  485  651.035. The last quarterly statement for a fiscal year is not
  486  required if a provider does not have pending a regulatory action
  487  level event, impairment, or a corrective action plan. If a
  488  provider falls below two or more of the thresholds set forth in
  489  s. 651.011(26) s. 651.011(25) at the end of any fiscal quarter,
  490  the provider shall submit to the office, at the same time as the
  491  quarterly statement, an explanation of the circumstances and a
  492  description of the actions it will take to meet the
  493  requirements.
  494         Section 15. This act shall take effect July 1, 2023.
  495  
  496  ================= T I T L E  A M E N D M E N T ================
  497  And the title is amended as follows:
  498         Delete everything before the enacting clause
  499  and insert:
  500                        A bill to be entitled                      
  501         An act relating to continuing care contracts; amending
  502         s. 651.011, F.S.; defining the terms “designated
  503         resident representative” and “residents’ council”;
  504         amending s. 651.0246, F.S.; revising a condition for
  505         the release of certain escrowed funds to providers
  506         applying for expansions of certificated continuing
  507         care facilities; revising the timeframe in which the
  508         Office of Insurance Regulation must complete its
  509         review of an application for expansion; amending s.
  510         651.026, F.S.; revising information required to be
  511         contained in certain providers’ financial reports in
  512         their annual reports; amending s. 651.033, F.S.;
  513         revising a requirement for national banks in which
  514         escrow accounts are established; revising a condition
  515         under which a provider may hold and not deposit a
  516         resident’s check for a specified period; amending s.
  517         651.034, F.S.; revising the timeframe during which the
  518         office may exempt certain providers from certain
  519         regulatory actions; amending s. 651.035, F.S.;
  520         providing that certain documents relating to a
  521         provider’s debt service reserve must require certain
  522         notice to the office before the withdrawal of debt
  523         service reserve funds; specifying requirements for the
  524         notice and for certain plans to replenish withdrawn
  525         funds; revising the calculation of minimum liquid
  526         reserve requirements for certain facilities; revising
  527         requirements for letters of credit which satisfy
  528         minimum liquid reserve requirements; revising
  529         circumstances under which a provider may withdraw
  530         funds held in escrow without the office’s approval;
  531         making a technical change; amending s. 651.055, F.S.;
  532         specifying that a forfeiture penalty may be deducted
  533         from certain resident refunds except under certain
  534         circumstances; conforming a provision to changes made
  535         by the act; amending s. 651.081, F.S.; specifying the
  536         authority of residents’ councils and the eligibility
  537         of persons to participate in residents’ council
  538         matters; deleting a requirement for open meetings of
  539         residents’ councils; amending s. 651.083, F.S.;
  540         specifying that a resident has the right to access
  541         ombudsman staff; amending s. 651.085, F.S.; requiring
  542         residents’ councils to nominate and elect a designated
  543         resident representative to represent them on specified
  544         matters; providing requirements for designated
  545         resident representatives; revising meetings of the
  546         full governing body for which the designated resident
  547         representative must be notified; requiring each
  548         facility of certain providers to have its own
  549         designated resident representative; providing a
  550         requirement for certain designated resident
  551         representatives; amending s. 651.091, F.S.; adding
  552         reporting and notice requirements for continuing care
  553         facilities; adding a disclosure requirement for
  554         providers to prospective residents or their legal
  555         representatives; amending s. 651.105, F.S.; specifying
  556         requirements for the office’s examination of providers
  557         and applicants for certificates of authority; deleting
  558         a requirement for a provider’s representative to give
  559         examination reports and corrective action plans to the
  560         governing body’s executive officer within a certain
  561         timeframe; amending ss. 651.012 and 651.0261, F.S.;
  562         conforming cross-references; providing an effective
  563         date.