Florida SB 1600: Treatment of Defendants Adjudicated Incompetent to Stand Trial

Bill Text

1600 
Community-based Care Lead Agency Liability Insurance 
2026-02-11T09:09:30Z 
Requiring the Office of Insurance Regulation, in collaboration with the Department of Children and Families and other entities, to review and analyze certain data; requiring the office to provide a certain report to the Governor and Legislature; authorizing the office to levy fines or otherwise penalize insurance companies, and the department to levy fines or otherwise penalize community-based care lead agencies, for failure to timely reply to certain requests for information, etc. 
Committee Substitute 1 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
c1 

 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.