Read the full stored bill text
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.—
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(a)
The Office of Insurance Regulation, in collaboration
26
with the Department of Children and Families and community
—
based
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care lead agencies and their subcontracted providers, shall
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review all available, relevant, and appropriate data from the
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previous 5 fiscal years related to liability insurance coverage
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and availability to analyze the following:
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1.
Access to and availability of liability insurance
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through authorized insurance companies, surplus lines companies,
33
and self-insurance funds;
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2.
Factors affecting the ability to obtain and maintain
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liability insurance;
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3.
Cost of general liability insurance based on insurance
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premium documentation;
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4.
Claims data;
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5.
Settlement and judicial disposition data;
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6.
Community-based care lead agency operating budget and
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expenses;
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7.
Impact of insurance costs on the financial condition of
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community-based care lead agencies and their subcontractors; and
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8.
Consistency of statutory insurance requirements with the
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general insurance market.
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(b)
The Office of Insurance Regulation shall develop a
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report on the findings of its review and analysis, including,
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but not limited to:
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1.
Summary of the methods used and data obtained for review
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and analysis;
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2.
Trends in insurance premium rates;
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3.
Trends in claims and settlements;
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4.
Trends in liability coverage affordability and
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availability; and
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5.
Actionable recommendations for agency and legislative
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changes to ensure affordable and available liability insurance
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for community-based care lead agencies and their subcontractors.
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(c)
The report must be provided to the Governor, the
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President of the Senate, and the Speaker of the House of
60
Representatives by January 1, 2027.
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(d)
The Office of Insurance Regulation is authorized to
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levy fines or otherwise penalize an insurance company for
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failure to reply to any request for information within 30
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calendar days after such request. Any fine schedule set by the
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office may not exceed $500 per day for the first 3 days late and
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$1000 per day for each late day thereafter, which shall be
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transferred to the General Revenue Fund.
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(e)
The Department of Children and Families is authorized
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to levy fines or otherwise penalize a community-based care lead
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agency or subcontractor for failure to reply to any request for
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information within 30 calendar days after such request. Any fine
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schedule set by the department may not exceed $500 per day for
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the first 3 days late and $1000 for each late day thereafter,
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which shall be transferred to the General Revenue Fund.
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(f)
This subsection s
hall stand repealed on July 1, 202
7
,
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unless reviewed and saved from repeal through reenactment by the
77
Legislature
.
78 Section 2. This act shall take effect July 1, 2026.