reglab/housing_qa huggingface dataset:
FL Stat § 650.10 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 650 - Social Security for Public Employees|650.10 - Referenda and Certification.

650.10 Referenda and certification.—(1) The Governor, or an official of the state designated by the Governor for the purpose, is empowered to authorize and supervise the conduct of employee referenda prescribed by s. 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the state or by a political subdivision thereof should be excluded from or included under an agreement under this chapter. The notice of referendum required by s. 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or individual designated to supervise the referendum shall deem necessary and sufficient, to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this chapter.(2) Upon receiving evidence satisfactory to her or him that with respect to any such referendum the conditions specified in s. 218(d)(3) of the Social Security Act have been met, the Governor, or an official of the state designated by the Governor for the purpose, shall so certify to the Secretary of Health, Education, and Welfare.History.—s. 12, ch. 29824, 1955; s. 2, ch. 61-138; s. 507, ch. 97-102.
FL Stat § 651.012 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.012 - Exempted Facility; Written Disclosure of Exemption.

651.012 Exempted facility; written disclosure of exemption.—Any facility exempted under ss. 632.637(1)(e) and 651.011(23) must provide written disclosure of such exemption to each person admitted to the facility. This disclosure must be written using language likely to be understood by the person and must briefly explain the exemption.History.—s. 3, ch. 96-363; s. 1663, ch. 2003-261; s. 2, ch. 2010-202; s. 2, ch. 2011-193; s. 2, ch. 2019-160.
FL Stat § 651.013 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.013 - Chapter Exclusive; Applicability of Other Laws.

651.013 Chapter exclusive; applicability of other laws.—(1) Except as herein provided, providers of continuing care and continuing care at-home are governed by the provisions of this chapter and are exempt from all other provisions of the Florida Insurance Code.(2) In addition to other applicable provisions cited in this chapter, the office has the authority granted under ss. 624.302, 624.303, 624.307-624.312, 624.318, 624.319(1)-(3), 624.320, 624.321, 624.324, 624.34, and 624.422 of the Florida Insurance Code to regulate providers of continuing care and continuing care at-home.History.—ss. 31, 52, ch. 85-321; s. 12, ch. 93-22; s. 2, ch. 97-229; s. 1664, ch. 2003-261; s. 140, ch. 2004-5; s. 3, ch. 2011-193; s. 3, ch. 2019-160.
FL Stat § 651.014 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.014 - Insurance Business Not Authorized.

651.014 Insurance business not authorized.—Nothing in the Florida Insurance Code or this chapter shall be deemed to authorize any provider of a continuing care facility to transact any insurance business other than that of continuing care insurance or otherwise to engage in any other type of insurance unless it is authorized under a certificate of authority issued by the office under the provisions of the Florida Insurance Code.History.—ss. 32, 52, ch. 85-321; s. 12, ch. 93-22; s. 1665, ch. 2003-261.
FL Stat § 651.015 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.015 - Administration; Forms; Fees; Rules; Fines.

651.015 Administration; forms; fees; rules; fines.—The administration of this chapter is vested in the commission, office, and department, which shall:(1) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for provisional certificates of authority, certificates of authority or renewals thereof, statements, examinations, and other required reports. The office is authorized to accept any application statement, report, or information submitted electronically or by facsimile to comply with requirements in this chapter or rules adopted under this section. The commission may adopt rules to implement the provisions of this subsection.(2) Collect in advance, and the applicant shall pay in advance, the following fees:(a) At the time of filing an application for a certificate of authority, an application fee in the amount of $75 for each facility.(b) At the time of filing the annual report required by s. 651.026, a fee in the amount of $100 for each year or part thereof for each facility.(c) A late fee not to exceed $50 a day for each day of noncompliance.(d) A fee to cover the actual cost of a credit report and fingerprint processing.(e) At the time of filing an application for a provisional certificate of authority, a fee in the amount of $50.(3) Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.(4) Impose administrative fines and penalties pursuant to this chapter.(5) Deposit all fees and fines collected under the provisions of this chapter into the Insurance Regulatory Trust Fund.History.—s. 1, ch. 77-323; s. 249, ch. 79-400; ss. 2, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 2, 31, 33, 35, ch. 83-328; s. 1, ch. 87-136; s. 12, ch. 93-22; s. 3, ch. 97-229; s. 217, ch. 98-200; s. 1, ch. 2002-222; s. 1666, ch. 2003-261.
FL Stat § 651.018 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.018 - Administrative Supervision.

651.018 Administrative supervision.—The office may place a facility in administrative supervision pursuant to part VI of chapter 624.History.—ss. 2, 16, ch. 91-98; s. 12, ch. 93-22; s. 1667, ch. 2003-261.
FL Stat § 651.019 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.019 - New Financing, Additional Financing, or Refinancing.

651.019 New financing, additional financing, or refinancing.—(1)(a) A provider shall provide a written general outline of the amount and the anticipated terms of any new financing or refinancing, and the intended use of proceeds, to the residents’ council at least 30 days before the closing date of the financing or refinancing transaction. If there is a material change in the noticed information, a provider shall provide an updated notice to the residents’ council within 10 business days after the provider becomes aware of such change.(b) If the facility does not have a residents’ council, the facility must make available, in the same manner as other community notices, the information required under paragraph (a).(2) Within 30 days after the closing date of such financing or refinancing transaction, the provider shall submit to the office copies of executed financing documents, escrow or trust agreements prepared in support of such financing or refinancing transaction, and a copy of all documents required to be submitted to the residents’ council under paragraph (1)(a).History.—ss. 3, 16, ch. 91-98; s. 12, ch. 93-22; s. 1668, ch. 2003-261; s. 4, ch. 2019-160.
FL Stat § 651.021 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.021 - Certificate of Authority Required.

651.021 Certificate of authority required.—A person may not engage in the business of providing continuing care, issuing contracts for continuing care or continuing care at-home, or constructing a facility for the purpose of providing continuing care in this state without a certificate of authority obtained from the office as provided in this chapter. This section does not prohibit the preparation of a construction site or construction of a model residence unit for marketing purposes, or both. The office may allow the purchase of an existing building for the purpose of providing continuing care if the office determines that the purchase is not being made to circumvent the prohibitions in this section.History.—s. 1, ch. 77-323; ss. 3, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 3, 31, 33, 35, ch. 83-328; s. 1, ch. 86-209; s. 1, ch. 89-363; ss. 1, 12, ch. 93-22; s. 275, ch. 99-8; s. 1669, ch. 2003-261; s. 4, ch. 2011-193; s. 5, ch. 2019-160.
FL Stat § 651.0235 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.0235 - Validity of Provisional Certificates of Authority and Certificates of Authority.

651.0235 Validity of provisional certificates of authority and certificates of authority.—(1) The provisional certificate of authority and certificate of authority shall be valid for as long as the office determines that the provider continues to meet the requirements of this chapter.(2) If the provider fails to meet the requirements of this chapter for a provisional certificate of authority or a certificate of authority, the office may notify the provider of any deficiencies and require the provider to correct such deficiencies within a period to be determined by the office. If such deficiencies are not corrected within 20 days after the notice to the provider, or within less time at the discretion of the office, the office shall notify the Continuing Care Advisory Council, which may assist the facility in formulating a remedial plan to be submitted to the office within 60 days after the date of notification. The time period for correcting the deficiencies may be extended upon submission of a plan for corrective action approved by the office. If such deficiencies have not been cleared by the expiration of such time period, as extended, the office shall petition for a delinquency proceeding or pursue such other relief as provided under this chapter, as the circumstances may require.(3) The office shall notify the Agency for Health Care Administration of any facility for which a provisional certificate of authority or certificate of authority is no longer valid.History.—ss. 4, 9, ch. 87-136; s. 12, ch. 93-22; s. 6, ch. 97-229; s. 1672, ch. 2003-261; s. 4, ch. 2010-202.
FL Stat § 651.024 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.024 - Acquisition.

651.024 Acquisition.—(1) A person who seeks to assume the role of general partner of a provider or to otherwise assume ownership or possession of, or control over, 10 percent or more of a provider, a controlling company of the provider, or a provider’s assets, based on the balance sheet from the most recent financial audit report filed with the office, is subject to s. 628.4615 and is not required to make filings pursuant to s. 651.022, s. 651.023, or s. 651.0245.(2) A person who seeks to acquire and become the provider for a facility is subject to s. 651.0245 and is not required to make filings pursuant to ss. 628.4615, 651.022, and 651.023.(3) In addition to the provider or the controlling company, the office has standing to petition a circuit court under s. 628.4615(9).History.—ss. 16, 17, ch. 86-250; s. 10, ch. 90-248; s. 184, ch. 91-108; s. 12, ch. 93-22; s. 9, ch. 2019-160.
FL Stat § 651.0245 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.0245 - Application for the Simultaneous Acquisition of a Facility and Issuance of a Certificate of Authority.

651.0245 Application for the simultaneous acquisition of a facility and issuance of a certificate of authority.—(1) Except with the prior written approval of the office, a person may not, individually or in conjunction with any affiliated person of such person, directly or indirectly acquire a facility operating under a subsisting certificate of authority and engage in the business of providing continuing care.(2) An applicant seeking simultaneous acquisition of a facility and issuance of a certificate of authority must:(a) Comply with the notice requirements of s. 628.4615(2)(a); and(b) File an application in the form required by the office and cooperate with the office’s review of the application.(3) The commission shall adopt by rule application requirements equivalent to those described in ss. 628.4615(4) and (5), 651.022(2), and 651.023(1)(b). The office shall review the application and issue an approval or disapproval of the filing in accordance with ss. 628.4615(6)(a) and (c), (7)-(10), and (14) and 651.023(1)(b).(4) In addition to the provider or the controlling company, the office has standing to petition a circuit court under s. 628.4615(9).(5) A person may rebut a presumption of control by filing a disclaimer of control with the office on a form prescribed by the commission. The disclaimer must fully disclose all material relationships and bases for affiliation between the person and the provider or facility, as well as the basis for disclaiming the affiliation. In lieu of such form, a person or acquiring party may file with the office a copy of a Schedule 13G filed with the Securities and Exchange Commission pursuant to Rule 13d-1(b) or (c), 17 C.F.R. s. 240.13d-1, under the Securities Exchange Act of 1934, as amended. After a disclaimer has been filed, the provider or facility is relieved of any duty to register or report under this section which may arise out of the provider’s or facility’s relationship with the person, unless the office disallows the disclaimer.(6) The commission may adopt rules as necessary to administer this section.History.—s. 10, ch. 2019-160.
FL Stat § 651.0261 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.0261 - Quarterly and Monthly Statements.

651.0261 Quarterly and monthly statements.—(1) Within 45 days after the end of each fiscal quarter, each provider shall file a quarterly unaudited financial statement of the provider or of the facility in the form prescribed by commission rule and days cash on hand, occupancy, debt service coverage ratio, and a detailed listing of the assets maintained in the liquid reserve as required under s. 651.035. The last quarterly statement for a fiscal year is not required if a provider does not have pending a regulatory action level event, impairment, or a corrective action plan. If a provider falls below two or more of the thresholds set forth in s. 651.011(25) at the end of any fiscal quarter, the provider shall submit to the office, at the same time as the quarterly statement, an explanation of the circumstances and a description of the actions it will take to meet the requirements.(2) If the office finds that such information is needed to properly monitor the financial condition of a provider or facility or is otherwise needed to protect the public interest, the office may require the provider to file:(a) Within 25 days after the end of each month, a monthly unaudited financial statement of the provider or of the facility in the form prescribed by the commission by rule and a detailed listing of the assets maintained in the liquid reserve as required under s. 651.035.(b) Such other data, financial statements, and pertinent information as the commission or office may reasonably require with respect to the provider or the facility, its directors, or its trustees; or with respect to any parent, subsidiary, or affiliate, if the provider or facility relies on a contractual or financial relationship with such parent, subsidiary, or affiliate in order to meet the financial requirements of this chapter, to determine the financial status of the provider or of the facility and the management capabilities of its managers and owners.(3) A filing under subsection (2) may be required if any of the following applies:(a) The provider is:1. Subject to administrative supervision proceedings;2. Subject to a corrective action plan resulting from a regulatory action level event and for up to 2 years after the factors that caused the regulatory action level event have been corrected; or3. Subject to delinquency or receivership proceedings or has filed for bankruptcy.(b) The provider or facility displays a declining financial position.(c) A change of ownership of the provider or facility has occurred within the previous 2 years.(d) The provider is found to be impaired.(4) The commission may by rule require all or part of the statements or filings required under this section to be submitted by electronic means in a computer-readable format compatible with an electronic data format specified by the commission.History.—ss. 5, 16, ch. 91-98; s. 12, ch. 93-22; s. 1674, ch. 2003-261; s. 6, ch. 2006-64; s. 13, ch. 2019-160.
FL Stat § 651.028 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.028 - Accredited Facilities.

651.028 Accredited facilities.—A provider or facility is deemed accredited for purposes of ss. 400.235(5)(b)1. and 651.105(1) if it is accredited without stipulations or conditions by a process found by the commission to be acceptable, substantially equivalent to the provisions of this chapter, and consistent with the security protections intended by this chapter.History.—ss. 6, 16, ch. 91-98; ss. 4, 12, ch. 93-22; s. 1675, ch. 2003-261; s. 2, ch. 2015-122; s. 14, ch. 2019-160.
FL Stat § 651.051 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.051 - Maintenance of Assets and Records in State.

651.051 Maintenance of assets and records in state.—All records and assets of a provider must be maintained or readily accessible in this state or, if the provider’s corporate office is located in another state, such records must be electronically stored in a manner that will ensure that the records are readily accessible to the office. No records or assets may be removed from this state by a provider unless the office consents to such removal in writing before such removal. Such consent must be based upon the provider’s submitting satisfactory evidence that the removal will facilitate and make more economical the operations of the provider and will not diminish the service or protection thereafter to be given the provider’s residents in this state. Before such removal, the provider shall give notice to the president or chair of the facility’s residents’ council. If such removal is part of a cash management system which has been approved by the office, disclosure of the system must meet the notification requirements. The electronic storage of records on a web-based, secured storage platform by contract with a third party is acceptable if the records are readily accessible to the office.History.—s. 1, ch. 77-323; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 9, 31, 33, 35, ch. 83-328; s. 12, ch. 93-22; s. 10, ch. 97-229; s. 1678, ch. 2003-261; s. 19, ch. 2019-160.
FL Stat § 651.061 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.061 - Dismissal or Discharge of Resident; Refund.

651.061 Dismissal or discharge of resident; refund.—(1) No contract for care shall permit dismissal or discharge of the resident from the facility providing care before the expiration of the contract, without just cause for such a removal. For any contract entered into on or after October 1, 1997, and terminated by a provider for just cause, the provider shall pay to the resident any refund due upon the resident’s vacating the facility, less a reasonable amount to cover the anticipated cost of utilities, telephone, or other obligations, if applicable and as documented by the provider. Any funds retained and not used for such purposes will be refunded to the resident within 45 days of vacating the unit. For contracts written prior to October 1, 1997, any refund due shall be made in accordance with the terms of the contract. The term “just cause” includes, but is not limited to, a good faith determination that a resident is a danger to herself or himself or others while remaining in the facility. The term “just cause” does not include termination of contract holders for the purpose of decertifying a facility from this chapter.(2) It shall not be deemed just cause if the resident is unable to pay monthly maintenance fees until the entire unearned entrance fee, plus, when applicable, any Medicare benefits under Title XVIII of the Social Security Act and/or third-party insurance benefits received, is earned by the facility. For this purpose, the unearned portion shall be the difference between all amounts paid in by the resident and the cost of caring for the resident based upon the per capita cost to the facility. In any case where a consideration greater than the minimum charge has been paid for accommodations which are above-standard, the facility may include an additional amount in the resident’s cost of care based upon the ratio of the amount paid to the minimum consideration for standard accommodations times the current per capita cost and applied to the period the aged person was in residence. Should these entrance fees be exhausted within 90 days of the date of failure to pay, the facility may not require the resident to leave before 90 days from the date of failure to pay, during which time the resident shall continue to pay the facility a reduced fee based on her or his current income.History.—s. 1, ch. 77-323; ss. 10, 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 11, 31, 33, 35, ch. 83-328; s. 12, ch. 93-22; s. 512, ch. 97-102; s. 12, ch. 97-229.
FL Stat § 651.065 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.065 - Waiver of Statutory Protection.

651.065 Waiver of statutory protection.—No act, agreement, or statement of any resident, or of an individual purchasing care for a resident, under any contract to furnish care to the resident shall constitute a valid waiver of any provision of this chapter intended for the benefit or protection of the resident or the individual purchasing care for the resident.History.—s. 1, ch. 77-323; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 3, ch. 83-265; ss. 12, 31, 33, 35, ch. 83-328; s. 12, ch. 93-22; s. 13, ch. 97-229.
FL Stat § 651.071 (2021)
2021 Florida Statutes|Title XXXVII - Insurance|Chapter 651 - Continuing Care Contracts|651.071 - Contracts as Preferred Claims on Liquidation or Receivership.

651.071 Contracts as preferred claims on liquidation or receivership.—(1) In the event of receivership or liquidation proceedings against a provider, all continuing care and continuing care at-home contracts executed by a provider are deemed preferred claims against all assets owned by the provider; however, such claims are subordinate to any secured claim. For purposes of s. 631.271, such contracts are deemed Class 2 claims.(2) Any other claims not set forth in subsection (1) shall be considered as general creditors’ claims.(3) Nothing in this section shall be construed to impair the priority, with respect to the lien property, of mortgages, security agreements, or lease agreements or installment sales agreements on property not otherwise encumbered entered into by a provider with an issuer of bonds or notes, which has financed a facility, and which bonds are secured by a resolution, ordinance, or indenture of trust, if such mortgages or agreements were duly recorded at least 4 months prior to the institution of receivership or liquidation proceedings.History.—s. 1, ch. 77-323; s. 1, ch. 80-355; s. 25, ch. 81-292; s. 2, ch. 81-318; s. 37, ch. 83-38; s. 3, ch. 83-265; ss. 31, 33, 35, ch. 83-328; s. 8, ch. 87-350; s. 184, ch. 91-108; s. 12, ch. 93-22; s. 14, ch. 97-229; s. 11, ch. 2011-193; s. 3, ch. 2015-122; s. 22, ch. 2019-160.