| 1 | Representative Sands offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 251-3719 and insert: |
| 5 | 215.555 Florida Hurricane Catastrophe Fund.-- |
| 6 | (6) REVENUE BONDS.-- |
| 7 | (b) Emergency assessments.-- |
| 8 | 1. If the board determines that the amount of revenue |
| 9 | produced under subsection (5) is insufficient to fund the |
| 10 | obligations, costs, and expenses of the fund and the |
| 11 | corporation, including repayment of revenue bonds and that |
| 12 | portion of the debt service coverage not met by reimbursement |
| 13 | premiums, the board shall direct the Office of Insurance |
| 14 | Regulation to levy, by order, an emergency assessment on direct |
| 15 | premiums for all property and casualty lines of business in this |
| 16 | state, including property and casualty business of surplus lines |
| 17 | insurers regulated under part VIII of chapter 626, but not |
| 18 | including any workers' compensation premiums or medical |
| 19 | malpractice premiums. As used in this subsection, the term |
| 20 | "property and casualty business" includes all lines of business |
| 21 | identified on Form 2, Exhibit of Premiums and Losses, in the |
| 22 | annual statement required of authorized insurers by s. 624.424 |
| 23 | and any rule adopted under this section, except for those lines |
| 24 | identified as accident and health insurance and except for |
| 25 | policies written under the National Flood Insurance Program. The |
| 26 | assessment shall be specified as a percentage of future premium |
| 27 | collections and is subject to annual adjustments by the board to |
| 28 | reflect changes in premiums subject to assessments collected |
| 29 | under this subparagraph in order to meet debt obligations. The |
| 30 | same percentage shall apply to all policies in lines of business |
| 31 | subject to the assessment issued or renewed during the 12-month |
| 32 | period beginning on the effective date of the assessment. |
| 33 | 2. A premium is not subject to an annual assessment under |
| 34 | this paragraph in excess of 6 percent of premium with respect to |
| 35 | obligations arising out of losses attributable to any one |
| 36 | contract year, and a premium is not subject to an aggregate |
| 37 | annual assessment under this paragraph in excess of 10 percent |
| 38 | of premium. An annual assessment under this paragraph shall |
| 39 | continue until the revenue bonds issued with respect to which |
| 40 | the assessment was imposed are outstanding, including any bonds |
| 41 | the proceeds of which were used to refund the revenue bonds, |
| 42 | unless adequate provision has been made for the payment of the |
| 43 | bonds under the documents authorizing issuance of the bonds. |
| 44 | 3. With respect to each insurer collecting premiums that |
| 45 | are subject to the assessment, the insurer shall collect the |
| 46 | assessment at the same time as it collects the premium payment |
| 47 | for each policy and shall remit the assessment collected to the |
| 48 | fund or corporation as provided in the order issued by the |
| 49 | Office of Insurance Regulation. The office shall verify the |
| 50 | accurate and timely collection and remittance of emergency |
| 51 | assessments and shall report the information to the board in a |
| 52 | form and at a time specified by the board. Each insurer |
| 53 | collecting assessments shall provide the information with |
| 54 | respect to premiums and collections as may be required by the |
| 55 | office to enable the office to monitor and verify compliance |
| 56 | with this paragraph. |
| 57 | 4. With respect to assessments of surplus lines premiums, |
| 58 | each surplus lines agent shall collect the assessment at the |
| 59 | same time as the agent collects the surplus lines tax required |
| 60 | by s. 626.932, and the surplus lines agent shall remit the |
| 61 | assessment to the Florida Surplus Lines Service Office created |
| 62 | by s. 626.921 at the same time as the agent remits the surplus |
| 63 | lines tax to the Florida Surplus Lines Service Office. The |
| 64 | emergency assessment on each insured procuring coverage and |
| 65 | filing under s. 626.938 shall be remitted by the insured to the |
| 66 | Florida Surplus Lines Service Office at the time the insured |
| 67 | pays the surplus lines tax to the Florida Surplus Lines Service |
| 68 | Office. The Florida Surplus Lines Service Office shall remit the |
| 69 | collected assessments to the fund or corporation as provided in |
| 70 | the order levied by the Office of Insurance Regulation. The |
| 71 | Florida Surplus Lines Service Office shall verify the proper |
| 72 | application of such emergency assessments and shall assist the |
| 73 | board in ensuring the accurate and timely collection and |
| 74 | remittance of assessments as required by the board. The Florida |
| 75 | Surplus Lines Service Office shall annually calculate the |
| 76 | aggregate written premium on property and casualty business, |
| 77 | other than workers' compensation and medical malpractice, |
| 78 | procured through surplus lines agents and insureds procuring |
| 79 | coverage and filing under s. 626.938 and shall report the |
| 80 | information to the board in a form and at a time specified by |
| 81 | the board. |
| 82 | 5. Any assessment authority not used for a particular |
| 83 | contract year may be used for a subsequent contract year. If, |
| 84 | for a subsequent contract year, the board determines that the |
| 85 | amount of revenue produced under subsection (5) is insufficient |
| 86 | to fund the obligations, costs, and expenses of the fund and the |
| 87 | corporation, including repayment of revenue bonds and that |
| 88 | portion of the debt service coverage not met by reimbursement |
| 89 | premiums, the board shall direct the Office of Insurance |
| 90 | Regulation to levy an emergency assessment up to an amount not |
| 91 | exceeding the amount of unused assessment authority from a |
| 92 | previous contract year or years, plus an additional 4 percent |
| 93 | provided that the assessments in the aggregate do not exceed the |
| 94 | limits specified in subparagraph 2. |
| 95 | 6. The assessments otherwise payable to the corporation |
| 96 | under this paragraph shall be paid to the fund unless and until |
| 97 | the Office of Insurance Regulation and the Florida Surplus Lines |
| 98 | Service Office have received from the corporation and the fund a |
| 99 | notice, which shall be conclusive and upon which they may rely |
| 100 | without further inquiry, that the corporation has issued bonds |
| 101 | and the fund has no agreements in effect with local governments |
| 102 | under paragraph (c). On or after the date of the notice and |
| 103 | until the date the corporation has no bonds outstanding, the |
| 104 | fund shall have no right, title, or interest in or to the |
| 105 | assessments, except as provided in the fund's agreement with the |
| 106 | corporation. |
| 107 | 7. Emergency assessments are not premium and are not |
| 108 | subject to the premium tax, to the surplus lines tax, to any |
| 109 | fees, or to any commissions. An insurer is liable for all |
| 110 | assessments that it collects and must treat the failure of an |
| 111 | insured to pay an assessment as a failure to pay the premium. An |
| 112 | insurer is not liable for uncollectible assessments. |
| 113 | 8. When an insurer is required to return an unearned |
| 114 | premium, it shall also return any collected assessment |
| 115 | attributable to the unearned premium. A credit adjustment to the |
| 116 | collected assessment may be made by the insurer with regard to |
| 117 | future remittances that are payable to the fund or corporation, |
| 118 | but the insurer is not entitled to a refund. |
| 119 | 9. When a surplus lines insured or an insured who has |
| 120 | procured coverage and filed under s. 626.938 is entitled to the |
| 121 | return of an unearned premium, the Florida Surplus Lines Service |
| 122 | Office shall provide a credit or refund to the agent or such |
| 123 | insured for the collected assessment attributable to the |
| 124 | unearned premium prior to remitting the emergency assessment |
| 125 | collected to the fund or corporation. |
| 126 | 10. The exemption of medical malpractice insurance |
| 127 | premiums from emergency assessments under this paragraph is |
| 128 | repealed May 31, 2010 2007, and medical malpractice insurance |
| 129 | premiums shall be subject to emergency assessments attributable |
| 130 | to loss events occurring in the contract years commencing on |
| 131 | June 1, 2010 2007. |
| 132 | Section 2. Section 215.558, Florida Statutes, is created |
| 133 | to read: |
| 134 | 215.558 Florida Hurricane Damage Prevention Endowment.-- |
| 135 | (1) PURPOSE AND INTENT.--The purpose of this section is to |
| 136 | provide a continuing source of funding for financial incentives |
| 137 | to encourage residential property owners of this state to |
| 138 | retrofit their properties to make them less vulnerable to |
| 139 | hurricane damage, to help decrease the cost of residential |
| 140 | property and casualty insurance, and to provide matching funds |
| 141 | to local governments and nonprofit entities for projects that |
| 142 | will reduce hurricane damage to residential properties. It is |
| 143 | the intent of the Legislature that this section be construed |
| 144 | liberally to effectuate its purpose. |
| 145 | (2) DEFINITIONS.--As used in this section: |
| 146 | (a) "Board" means the State Board of Administration. |
| 147 | (b) "Corpus" means the money that has been appropriated to |
| 148 | the endowment by the 2006 Legislature, together with any amounts |
| 149 | subsequently appropriated to the endowment that are specifically |
| 150 | designated as contributions to the corpus and any grants, gifts, |
| 151 | or donations to the endowment that are specifically designated |
| 152 | as contributions to the corpus. |
| 153 | (c) "Earnings" means any money in the endowment in excess |
| 154 | of the corpus, including any income generated by investments, |
| 155 | any increase in the market value of investments net of decreases |
| 156 | in market value, and any appropriations, grants, gifts, or |
| 157 | donations to the endowment not specifically designated as |
| 158 | contributions to the corpus. |
| 159 | (d) "Endowment" means the Florida Hurricane Damage |
| 160 | Prevention Endowment created by this section. |
| 161 | (e) "Program administrator" means the Department of |
| 162 | Financial Services. |
| 163 | (3) ADMINISTRATION.-- |
| 164 | (a) The board shall invest endowment assets as provided in |
| 165 | this section. |
| 166 | (b) The board may invest and reinvest funds of the |
| 167 | endowment in accordance with s. 215.47 and consistent with board |
| 168 | policy. |
| 169 | (c) The investment objective shall be long-term |
| 170 | preservation of the value of the corpus and a specified regular |
| 171 | annual cash outflow for appropriation, as nonrecurring revenue, |
| 172 | for the purposes specified in subsection (4). |
| 173 | (d) In accordance with s. 215.44, the board shall report |
| 174 | on the financial status of the endowment in its annual |
| 175 | investment report to the Legislature. |
| 176 | (e) Costs and fees of the board for investment services |
| 177 | shall be deducted from the assets of the endowment. |
| 178 | (4) FINANCIAL INCENTIVES FOR RESIDENTIAL HURRICANE DAMAGE |
| 179 | PREVENTION ACTIVITIES.-- |
| 180 | (a) Not less than 80 percent of the net earnings of the |
| 181 | endowment shall be expended for financial incentives to |
| 182 | residential property owners as described in paragraph (b), and |
| 183 | no more than the remainder of the net earnings of the endowment |
| 184 | shall be expended for matching fund grants to local governments |
| 185 | and nonprofit entities for projects that will reduce hurricane |
| 186 | damage to residential properties as described in paragraph (c). |
| 187 | Any funds authorized for expenditure but not expended for these |
| 188 | purposes shall be returned to the endowment. |
| 189 | (b)1. The program administrator, by rule, shall establish |
| 190 | a request for a proposal process to annually solicit proposals |
| 191 | from lending institutions under which the lending institution |
| 192 | will provide interest-free loans to homestead property owners to |
| 193 | pay for inspections of homestead property to determine what |
| 194 | mitigation measures are needed and for improvements to existing |
| 195 | residential properties intended to reduce the homestead |
| 196 | property's vulnerability to hurricane damage, in exchange for |
| 197 | funding from the endowment. |
| 198 | 2. In order to qualify for funding under this paragraph, |
| 199 | an interest-free loan program must include an inspection of |
| 200 | homestead property to determine what mitigation measures are |
| 201 | needed, a means for verifying that the improvements to be paid |
| 202 | for from loan proceeds have been demonstrated to reduce a |
| 203 | homestead property's vulnerability to hurricane damage, and a |
| 204 | means for verifying that the proceeds were actually spent on |
| 205 | such improvements. The program must include a method for |
| 206 | awarding loans according to the following priorities: |
| 207 | a. The highest priority must be given to single-family |
| 208 | owner-occupied homestead dwellings, insured at $500,000 or less, |
| 209 | located in the areas designated as high-risk areas for purposes |
| 210 | of coverage by the Citizens Property Insurance Corporation. |
| 211 | b. The next highest priority must be given to single- |
| 212 | family owner-occupied homestead dwellings, insured at $500,000 |
| 213 | or less, covered by the Citizens Property Insurance Corporation, |
| 214 | wherever located. |
| 215 | c. The next highest priority must be given to single- |
| 216 | family owner-occupied homestead dwellings, insured at $500,000 |
| 217 | or less, that are more than 40 years old. |
| 218 | d. The next highest priority must be given to all other |
| 219 | single-family owner-occupied homestead dwellings insured at |
| 220 | $500,000 or less. |
| 221 | 3. The program administrator shall evaluate proposals |
| 222 | based on the following factors: |
| 223 | a. The degree to which the proposal meets the requirements |
| 224 | of subparagraph 2. |
| 225 | b. The lending institution's plan for marketing the loans. |
| 226 | c. The anticipated number of loans to be granted relative |
| 227 | to the total amount of funding sought. |
| 228 | 4. The program administrator shall annually solicit |
| 229 | proposals from local governments and nonprofit entities for |
| 230 | projects that will reduce hurricane damage to homestead |
| 231 | properties. The program administrator may provide up to 50 |
| 232 | percent of the funding for such projects. The projects may |
| 233 | include educational programs, repair services, property |
| 234 | inspections, and hurricane vulnerability analyses and such other |
| 235 | projects as the program administrator determines to be |
| 236 | consistent with the purposes of this section. |
| 237 | (5) ADVISORY COUNCIL.--There is created an advisory |
| 238 | council to provide advice and assistance to the program |
| 239 | administrator with regard to its administration of the |
| 240 | endowment. The advisory council shall consist of: |
| 241 | (a) A representative of lending institutions, selected by |
| 242 | the Financial Services Commission from a list of at least three |
| 243 | persons recommended by the Florida Bankers Association. |
| 244 | (b) A representative of residential property insurers, |
| 245 | selected by the Financial Services Commission from a list of at |
| 246 | least three persons recommended by the Florida Insurance |
| 247 | Council. |
| 248 | (c) A representative of home builders, selected by the |
| 249 | Financial Services Commission from a list of at least three |
| 250 | persons recommended by the Florida Home Builders Association. |
| 251 | (d) A faculty member of a state university selected by the |
| 252 | Financial Services Commission who is an expert in hurricane- |
| 253 | resistant construction methodologies and materials. |
| 254 | (e) Two members of the House of Representatives selected |
| 255 | by the Speaker of the House of Representatives. |
| 256 | (f) Two members of the Senate selected by the President of |
| 257 | the Senate. |
| 258 | (g) The senior officer of the Florida Hurricane |
| 259 | Catastrophe Fund. |
| 260 | (h) The executive director of Citizens Property Insurance |
| 261 | Corporation. |
| 262 | (i) The director of the Division of Emergency Management |
| 263 | of the Department of Community Affairs. |
| 264 |
|
| 265 | Members appointed under paragraphs (a)-(d) shall serve at the |
| 266 | pleasure of the Financial Services Commission. Members appointed |
| 267 | under paragraphs (e) and (f) shall serve at the pleasure of the |
| 268 | appointing officer. All other members shall serve ex officio. |
| 269 | Members of the advisory council shall serve without compensation |
| 270 | but may receive reimbursement as provided in s. 112.061 for per |
| 271 | diem and travel expenses incurred in the performance of their |
| 272 | official duties. |
| 273 | Section 3. Section 215.5586, Florida Statutes, is created |
| 274 | to read: |
| 275 | 215.5586 Florida Comprehensive Hurricane Damage Mitigation |
| 276 | Program.--There is established within the Department of |
| 277 | Financial Services the Florida Comprehensive Hurricane Damage |
| 278 | Mitigation Program. The program shall be administered by an |
| 279 | individual with prior executive experience in the private sector |
| 280 | in the areas of insurance, business, or construction. The |
| 281 | program shall develop and implement a comprehensive and |
| 282 | coordinated approach for hurricane damage mitigation that shall |
| 283 | include the following: |
| 284 | (1) WIND CERTIFICATION AND HURRICANE MITIGATION |
| 285 | INSPECTIONS.-- |
| 286 | (a) Free home-retrofit inspections of site-built, |
| 287 | residential property, including single-family, two-family, |
| 288 | three-family, or four-family residential units, shall be offered |
| 289 | to determine what mitigation measures are needed and what |
| 290 | improvements to existing residential properties are needed to |
| 291 | reduce the property's vulnerability to hurricane damage. The |
| 292 | Department of Financial Services shall establish a request for |
| 293 | proposals to solicit proposals from wind certification entities |
| 294 | to provide at no cost to homeowners wind certification and |
| 295 | hurricane mitigation inspections. The inspections provided to |
| 296 | homeowners, at a minimum, must include: |
| 297 | 1. A home inspection and report that summarizes the |
| 298 | results and identifies corrective actions a homeowner may take |
| 299 | to mitigate hurricane damage. |
| 300 | 2. A range of cost estimates regarding the mitigation |
| 301 | features. |
| 302 | 3. Insurer-specific information regarding premium |
| 303 | discounts correlated to recommended mitigation features |
| 304 | identified by the inspection. |
| 305 | 4. A hurricane resistance rating scale specifying the |
| 306 | home's current as well as projected wind resistance |
| 307 | capabilities. |
| 308 | (b) To qualify for selection by the department as a |
| 309 | provider of wind certification and hurricane mitigation |
| 310 | inspections, the entity shall, at a minimum: |
| 311 | 1. Use wind certification and hurricane mitigation |
| 312 | inspectors who: |
| 313 | a. Have prior experience in residential construction or |
| 314 | inspection and have received specialized training in hurricane |
| 315 | mitigation procedures. |
| 316 | b. Have undergone drug testing and background checks. |
| 317 | c. Have been certified, in a manner satisfactory to the |
| 318 | department, to conduct the inspections. |
| 319 | 2. Provide a quality assurance program including a |
| 320 | reinspection component. |
| 321 | (2) GRANTS.--Financial grants shall be used to encourage |
| 322 | single-family, site-built, owner-occupied, residential property |
| 323 | owners to retrofit their properties to make them less vulnerable |
| 324 | to hurricane damage. |
| 325 | (a) To be eligible for a grant, a residential property |
| 326 | must: |
| 327 | 1. Have been granted a homestead exemption under chapter |
| 328 | 196. |
| 329 | 2. Be a dwelling with an insured value of $500,000 or |
| 330 | less. |
| 331 | 3. Have undergone an acceptable wind certification and |
| 332 | hurricane mitigation inspection. |
| 333 |
|
| 334 | A residential property which is part of a multi-family |
| 335 | residential unit may receive a grant only if all homeowners |
| 336 | participate and the total number of units does not exceed four. |
| 337 | (b) All grants must be matched on a dollar-for-dollar |
| 338 | basis for a total of $10,000 for the mitigation project with the |
| 339 | state's contribution not to exceed $5,000. |
| 340 | (c) The program shall create a process in which mitigation |
| 341 | contractors agree to participate and seek reimbursement from the |
| 342 | state and homeowners select from a list of participating |
| 343 | contractors. All mitigation must be based upon the securing of |
| 344 | all required local permits and inspections. Mitigation projects |
| 345 | are subject to random reinspection of up to at least 10 percent |
| 346 | of all projects. |
| 347 | (d) Matching fund grants shall also be made available to |
| 348 | local governments and nonprofit entities for projects that will |
| 349 | reduce hurricane damage to single-family, site-built, owner- |
| 350 | occupied, residential property. |
| 351 | (3) LOANS.--Financial incentives shall be provided as |
| 352 | authorized by s. 215.558. |
| 353 | (4) EDUCATION AND CONSUMER AWARENESS.--Multimedia public |
| 354 | education, awareness, and advertising efforts designed to |
| 355 | specifically address mitigation techniques shall be employed, as |
| 356 | well as a component to support ongoing consumer resources and |
| 357 | referral services. |
| 358 | (5) ADVISORY COUNCIL.--There is created an advisory |
| 359 | council to provide advice and assistance to the program |
| 360 | administrator with regard to his or her administration of the |
| 361 | program. The advisory council shall consist of: |
| 362 | (a) A representative of lending institutions, selected by |
| 363 | the Financial Services Commission from a list of at least three |
| 364 | persons recommended by the Florida Bankers Association. |
| 365 | (b) A representative of residential property insurers, |
| 366 | selected by the Financial Services Commission from a list of at |
| 367 | least three persons recommended by the Florida Insurance |
| 368 | Council. |
| 369 | (c) A representative of home builders, selected by the |
| 370 | Financial Services Commission from a list of at least three |
| 371 | persons recommended by the Florida Home Builders Association. |
| 372 | (d) A faculty member of a state university, selected by |
| 373 | the Financial Services Commission, who is an expert in |
| 374 | hurricane-resistant construction methodologies and materials. |
| 375 | (e) Two members of the House of Representatives, selected |
| 376 | by the Speaker of the House of Representatives. |
| 377 | (f) Two members of the Senate, selected by the President |
| 378 | of the Senate. |
| 379 | (g) The Chief Executive Officer of the Federal Alliance |
| 380 | for Safe Homes, Inc., or his or her designee. |
| 381 | (h) The senior officer of the Florida Hurricane |
| 382 | Catastrophe Fund. |
| 383 | (i) The executive director of Citizens Property Insurance |
| 384 | Corporation. |
| 385 | (j) The director of the Division of Emergency Management |
| 386 | of the Department of Community Affairs. |
| 387 |
|
| 388 | Members appointed under paragraphs (a)-(d) shall serve at the |
| 389 | pleasure of the Financial Services Commission. Members appointed |
| 390 | under paragraphs (e) and (f) shall serve at the pleasure of the |
| 391 | appointing officer. All other members shall serve voting ex |
| 392 | officio. Members of the advisory council shall serve without |
| 393 | compensation but may receive reimbursement as provided in s. |
| 394 | 112.061 for per diem and travel expenses incurred in the |
| 395 | performance of their official duties. |
| 396 | (6) RULES.--The Department of Financial Services shall |
| 397 | adopt rules pursuant to ss. 120.536(1) and 120.54 governing the |
| 398 | Florida Comprehensive Hurricane Damage Mitigation Program. |
| 399 | Section 4. Section 215.559, Florida Statutes, is amended |
| 400 | to read: |
| 401 | 215.559 Hurricane Loss Mitigation Program.-- |
| 402 | (1) There is created a Hurricane Loss Mitigation Program. |
| 403 | The Legislature shall annually appropriate $10 million of the |
| 404 | moneys authorized for appropriation under s. 215.555(7)(c) from |
| 405 | the Florida Hurricane Catastrophe Fund to the Department of |
| 406 | Community Affairs for the purposes set forth in this section. |
| 407 | (2)(a) Seven million dollars in funds provided in |
| 408 | subsection (1) shall be used for programs to improve the wind |
| 409 | resistance of residences and mobile homes, including loans, |
| 410 | subsidies, grants, demonstration projects, and direct |
| 411 | assistance; cooperative programs with local governments and the |
| 412 | Federal Government; and other efforts to prevent or reduce |
| 413 | losses or reduce the cost of rebuilding after a disaster. |
| 414 | (b) Three million dollars in funds provided in subsection |
| 415 | (1) shall be used to retrofit existing facilities used as public |
| 416 | hurricane shelters. The department must prioritize the use of |
| 417 | these funds for projects included in the September 1, 2000, |
| 418 | version of the Shelter Retrofit Report prepared in accordance |
| 419 | with s. 252.385(3), and each annual report thereafter. The |
| 420 | department must give funding priority to projects in regional |
| 421 | planning council regions that have shelter deficits and to |
| 422 | projects that maximize use of state funds. |
| 423 | (3) By the 2006-2007 fiscal year, the Department of |
| 424 | Community Affairs shall develop a low-interest loan program for |
| 425 | homeowners and mobile home owners to retrofit their homes with |
| 426 | fixtures or apply construction techniques that have been |
| 427 | demonstrated to reduce the amount of damage or loss due to a |
| 428 | hurricane. Funding for the program shall be used to subsidize or |
| 429 | guaranty private-sector loans for this purpose to qualified |
| 430 | homeowners by financial institutions chartered by the state or |
| 431 | Federal Government. The department may enter into contracts with |
| 432 | financial institutions for this purpose. The department shall |
| 433 | establish criteria for determining eligibility for the loans and |
| 434 | selecting recipients, standards for retrofitting homes or mobile |
| 435 | homes, limitations on loan subsidies and loan guaranties, and |
| 436 | other terms and conditions of the program, which must be |
| 437 | specified in the department's report to the Legislature on |
| 438 | January 1, 2006, required by subsection (8). For the 2005-2006 |
| 439 | fiscal year, the Department of Community Affairs may use up to |
| 440 | $1 million of the funds appropriated pursuant to paragraph |
| 441 | (2)(a) to begin the low-interest loan program as a pilot project |
| 442 | in one or more counties. The Department of Financial Services, |
| 443 | the Office of Financial Regulation, the Florida Housing Finance |
| 444 | Corporation, and the Office of Tourism, Trade, and Economic |
| 445 | Development shall assist the Department of Community Affairs in |
| 446 | establishing the program and pilot project. The department may |
| 447 | use up to 2.5 percent of the funds appropriated in any given |
| 448 | fiscal year for administering the loan program. The department |
| 449 | may adopt rules to implement the program. |
| 450 | (3)(a)(4) Forty percent of the total appropriation in |
| 451 | paragraph (2)(a) shall be used to inspect and improve tie-downs |
| 452 | for mobile homes. Within 30 days after the effective date of |
| 453 | that appropriation, the department shall contract with a public |
| 454 | higher educational institution in this state which has previous |
| 455 | experience in administering the programs set forth in this |
| 456 | subsection to serve as the administrative entity and fiscal |
| 457 | agent pursuant to s. 216.346 for the purpose of administering |
| 458 | the programs set forth in this subsection in accordance with |
| 459 | established policy and procedures. The administrative entity |
| 460 | working with the advisory council set up under subsection (6) |
| 461 | shall develop a list of mobile home parks and counties that may |
| 462 | be eligible to participate in the tie-down program. |
| 463 | (b)1. There is created the Manufactured Housing and Mobile |
| 464 | Home Hurricane Mitigation Program. The program shall require the |
| 465 | mitigation of damage to homes for the areas of concern raised by |
| 466 | the Department of Highway Safety and Motor Vehicles in the 2004- |
| 467 | 2005 Hurricane Reports on the effects of the 2004 and 2005 |
| 468 | hurricanes on manufactured and mobile homes in this state. The |
| 469 | mitigation shall include, but not be limited to, problems |
| 470 | associated with weakened trusses, studs, and other structural |
| 471 | components, site-built additions, or tie-down systems and may |
| 472 | also address any other issues deemed appropriate by the |
| 473 | Department of Community Affairs upon consultation with the |
| 474 | Tallahassee Community College, the Federation of Manufactured |
| 475 | Home Owners of Florida, Inc., the Florida Manufactured Housing |
| 476 | Association, and the Department of Highway Safety and Motor |
| 477 | Vehicles. The program may include an education and outreach |
| 478 | component to ensure that owners of manufactured and mobile homes |
| 479 | are aware of the benefits of participation. |
| 480 | 2. The program shall include the offering of a matching |
| 481 | grant to owners of manufactured and mobile homes manufactured |
| 482 | after 1993 only. Homeowners accepted for the program shall be |
| 483 | eligible to qualify for a $5,000 dollar-for-dollar matching |
| 484 | grant in which the homeowner may receive up to $2,500 in state |
| 485 | moneys. The moneys appropriated for this program shall be |
| 486 | distributed directly to the Department of Community Affairs for |
| 487 | the uses set forth under this paragraph. |
| 488 | 3. Upon evidence of completion of the program, the |
| 489 | Citizens Property Insurance Corporation shall grant, on a pro |
| 490 | rata basis, actuarially reasonable discounts, credits, or other |
| 491 | rate differentials or appropriate reductions in deductibles for |
| 492 | the properties of owners of manufactured homes or mobile homes |
| 493 | on which fixtures or construction techniques that have been |
| 494 | demonstrated to reduce the amount of loss in a windstorm have |
| 495 | been installed or implemented. The discount on the premium shall |
| 496 | be applied to subsequent renewal premium amounts. Premiums of |
| 497 | the Citizens Property Insurance Corporation shall reflect the |
| 498 | location of the home and the fact that the home has been |
| 499 | installed in compliance with building codes adopted after |
| 500 | Hurricane Andrew. |
| 501 | 4. On or before January 1 of each year, the Department of |
| 502 | Community Affairs shall provide a report of activities under |
| 503 | this subsection to the Governor, the President of the Senate, |
| 504 | and the Speaker of the House of Representatives. The report |
| 505 | shall set forth the number of manufactured homes and mobile |
| 506 | homes that have taken advantage of the program, the types of |
| 507 | enhancements and improvements made to the manufactured homes or |
| 508 | mobile homes and attachments to such homes, and whether there |
| 509 | has been an increase of availability of insurance products to |
| 510 | owners of manufactured homes or mobile homes. |
| 511 | (4)(5) Of moneys provided to the Department of Community |
| 512 | Affairs in paragraph (2)(a), 10 percent shall be allocated to a |
| 513 | Type I Center within the State University System dedicated to |
| 514 | hurricane research. The Type I Center shall develop a |
| 515 | preliminary work plan approved by the advisory council set forth |
| 516 | in subsection (6) to eliminate the state and local barriers to |
| 517 | upgrading existing mobile homes and communities, research and |
| 518 | develop a program for the recycling of existing older mobile |
| 519 | homes, and support programs of research and development relating |
| 520 | to hurricane loss reduction devices and techniques for site- |
| 521 | built residences. The State University System also shall consult |
| 522 | with the Department of Community Affairs and assist the |
| 523 | department with the report required under subsection (8). |
| 524 | (5)(6) The Department of Community Affairs shall develop |
| 525 | the programs set forth in this section in consultation with an |
| 526 | advisory council consisting of a representative designated by |
| 527 | the Chief Financial Officer, a representative designated by the |
| 528 | Florida Home Builders Association, a representative designated |
| 529 | by the Florida Insurance Council, a representative designated by |
| 530 | the Federation of Manufactured Home Owners, a representative |
| 531 | designated by the Florida Association of Counties, and a |
| 532 | representative designated by the Florida Manufactured Housing |
| 533 | Association. |
| 534 | (6)(7) Moneys provided to the Department of Community |
| 535 | Affairs under this section are intended to supplement other |
| 536 | funding sources of the Department of Community Affairs and may |
| 537 | not supplant other funding sources of the Department of |
| 538 | Community Affairs. |
| 539 | (7)(8) On January 1st of each year, the Department of |
| 540 | Community Affairs shall provide a full report and accounting of |
| 541 | activities under this section and an evaluation of such |
| 542 | activities to the Speaker of the House of Representatives, the |
| 543 | President of the Senate, and the Majority and Minority Leaders |
| 544 | of the House of Representatives and the Senate. |
| 545 | (8)(9) This section is repealed June 30, 2011. |
| 546 |
|
| 547 | ====== D I R E C T O R Y A M E N D M E N T ===== |
| 548 | Remove lines 247-250 and insert: |
| 549 | Section 1. Paragraph (b) of subsection (6) of section |
| 550 | 215.555, Florida Statutes, is amended to read: |
| 551 |
|
| 552 | ======= T I T L E A M E N D M E N T ======= |
| 553 | Remove lines 7-227 and insert: |
| 554 | amending s. 215.555, F.S.; revising certain revenue bond |
| 555 | emergency assessment requirements; creating s. 215.558, F.S.; |
| 556 | creating the Florida Hurricane Damage Prevention Endowment; |
| 557 | providing a purpose and legislative intent; providing |
| 558 | definitions; providing requirements and authority for investment |
| 559 | of endowment assets by the State Board of Administration; |
| 560 | requiring a report to the Legislature; providing for payment of |
| 561 | the board's investment services' costs and fees from the |
| 562 | endowment; providing requirements of the Department of Financial |
| 563 | Services in providing financial incentives for residential |
| 564 | hurricane damage prevention activities; providing for an |
| 565 | interest-free loan program; providing program criteria and |
| 566 | requirements; creating an advisory council for certain purposes; |
| 567 | providing for appointment of members; requiring members to serve |
| 568 | without compensation; providing for per diem and travel |
| 569 | expenses; creating s. 215.5586, F.S.; establishing the Florida |
| 570 | Comprehensive Hurricane Damage Mitigation Program within the |
| 571 | Department of Financial Services; providing qualifications for |
| 572 | the program administrator; providing program components and |
| 573 | requirements; providing for wind certification and hurricane |
| 574 | mitigation inspections; providing inspection requirements; |
| 575 | providing inspector eligibility requirements; providing for |
| 576 | grants; providing grant requirements; providing for loans; |
| 577 | providing public education and consumer awareness requirements; |
| 578 | creating an advisory council; providing for appointment of |
| 579 | members; specifying service without compensation; providing for |
| 580 | per diem and travel expense reimbursements; requiring the |
| 581 | department to adopt rules; creating the Manufactured Housing and |
| 582 | Mobile Home Hurricane Mitigation Program for certain purposes; |
| 583 | requiring the Department of Community Affairs to develop the |
| 584 | program in consultation with certain entities; specifying |
| 585 | requirements of the program; specifying the program as a |
| 586 | matching grant program for improvement of mobile homes and |
| 587 | manufactured homes; providing for distribution of the grants to |
| 588 | the Department of Community Affairs for certain purposes; |
| 589 | requiring Citizens Property Insurance Corporation to grant |
| 590 | certain insurance discounts, credits, rate differentials, or |
| 591 | deductible reductions for property insurance premiums for |
| 592 | certain manufactured home or mobile home owners; specifying |
| 593 | criteria for such premiums; requiring a program report each year |
| 594 | to the Governor and Legislature; providing report requirements; |
| 595 | creating the Task Force on |