Senate Bill sb1864e1

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  1                      A bill to be entitled

  2         An act relating to hurricane damage mitigation;

  3         amending s. 215.5586, F.S.; redesignating the

  4         Florida Comprehensive Hurricane Damage

  5         Mitigation Program as the "My Safe Florida Home

  6         Program"; providing additional duties of the

  7         Department of Financial Services; providing

  8         additional legislative intent; revising

  9         criteria and requirements for hurricane

10         mitigation inspections; requiring the

11         department to contract with certain entities to

12         provide hurricane mitigation inspections;

13         revising the requirements for such inspections;

14         providing for a hurricane resistance rating

15         scale as adopted by the Financial Services

16         Commission; revising the requirements for an

17         entity to be selected by the department to

18         perform inspections; providing requirements for

19         a homeowner with respect to applying for an

20         inspection; revising requirements for

21         mitigation grants; authorizing inspectors to

22         participate as contractors under certain

23         circumstances; limiting the purposes for which

24         a grant may be used; providing for priorities

25         of grants; requiring the department to develop

26         a grant applications verification and

27         collection process; requiring the department to

28         transfer certain appropriated funds to

29         Volunteer Florida Foundation, Inc., for certain

30         purposes; specifying duties of Volunteer

31         Florida Foundation, Inc.; authorizing the


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 1         department to undertake a statewide consumer

 2         information campaign; requiring the advisory

 3         council to advise and assist the department in

 4         administering the program; expanding the

 5         department's authorization to enhance financial

 6         resource funding of the program; revising the

 7         department's rulemaking authority; deleting

 8         provisions authorizing the department to

 9         contract with not-for-profit corporations;

10         requiring the department to maintain a list of

11         authorized hurricane mitigation inspectors;

12         authorizing the department to develop a

13         no-interest loan program; providing program

14         requirements and limitations; requiring the

15         department to pay certain creditors from funds

16         appropriated for the program; providing loan

17         eligibility criteria; authorizing the

18         department to set aside certain funds for

19         program purposes; requiring the department to

20         adopt rules; providing for public outreach for

21         contractors, real estate brokers, and licensed

22         sales associates; authorizing the department to

23         contract for grants management, inspection

24         services, education outreach, and auditing

25         services; providing additional legislative

26         intent; requiring the department to make annual

27         reports to the Legislature concerning the

28         program; providing report requirements;

29         amending s. 489.115, F.S.; including wind

30         mitigation methodologies under certain

31         continuing education requirements for


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 1         contractors; amending ss. 4, 39, and 42 of ch.

 2         2006-12, Laws of Florida; providing conforming

 3         changes to the redesignation of the Florida

 4         Comprehensive Hurricane Damage Mitigation

 5         Program; providing legislative intent;

 6         requiring the Office of Insurance Regulation,

 7         in consultation with the Department of

 8         Community Affairs and the Florida Building

 9         Commission, to conduct wind-loss mitigation

10         studies; providing requirements for the

11         studies; requiring reports to the Governor, the

12         Legislature, the Chief Financial Officer, and

13         the Commissioner of Insurance Regulation;

14         creating s. 553.844, F.S.; providing

15         legislative findings concerning the need to

16         prevent property damage caused by hurricanes;

17         requiring the Florida Building Commission to

18         adopt amendments to the Florida Building Code,

19         including requirements for certain buildings

20         constructed before the implementation of the

21         code; providing requirements for such

22         amendments; providing requirements for

23         buildings located in a wind-borne debris

24         region; providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Section 215.5586, Florida Statutes, is

29  amended to read:

30         215.5586  My Safe Florida Home Comprehensive Hurricane

31  Damage Mitigation Program.--There is established within the


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 1  Department of Financial Services the My Safe Florida Home

 2  Comprehensive Hurricane Damage Mitigation Program. The

 3  department shall provide fiscal accountability, contract

 4  management, and strategic leadership for the program,

 5  consistent with this section. This section does not create an

 6  entitlement for property owners or obligate the state in any

 7  way to fund the inspection or retrofitting of residential

 8  property in this state. Implementation of this program is

 9  subject to annual legislative appropriations. It is the intent

10  of the Legislature that the My Safe Florida Home Program

11  provide inspections for at least 400,000 site-built,

12  single-family, residential properties and provide grants to at

13  least 35,000 applicants before June 30, 2009. The program

14  shall be administered by an individual with prior executive

15  experience in the private sector in the areas of insurance,

16  business, or construction. The program shall develop and

17  implement a comprehensive and coordinated approach for

18  hurricane damage mitigation that shall include the following:

19         (1)  WIND CERTIFICATION AND HURRICANE MITIGATION

20  INSPECTIONS.--

21         (a)  Free home-retrofit inspections of site-built,

22  single-family, residential property, including single-family,

23  two-family, three-family, or four-family residential units,

24  shall be offered throughout the state to determine what

25  mitigation measures are needed, what insurance premium

26  discounts may be available, and what improvements to existing

27  residential properties are needed to reduce the property's

28  vulnerability to hurricane damage. The Department of Financial

29  Services shall contract with establish a request for proposals

30  to solicit proposals from wind certification entities to

31  provide free at no cost to homeowners wind certification and


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 1  hurricane mitigation inspections. The inspections provided to

 2  homeowners, at a minimum, must include:

 3         1.  A home inspection and report that summarizes the

 4  results and identifies recommended improvements corrective

 5  actions a homeowner may take to mitigate hurricane damage.

 6         2.  A range of cost estimates regarding the recommended

 7  mitigation improvements features.

 8         3.  Insurer-specific information regarding premium

 9  discounts correlated to the current mitigation features and

10  the recommended mitigation improvements features identified by

11  the inspection.

12         4.  A hurricane resistance rating scale specifying the

13  home's current as well as projected wind resistance

14  capabilities. As soon as practical, the rating scale must be

15  the uniform home grading scale adopted by the Financial

16  Services Commission pursuant to s. 40 of chapter 2007-1, Laws

17  of Florida.

18         (b)  To qualify for selection by the department as a

19  provider of wind certification entity to provide and hurricane

20  mitigation inspections, the entity shall, at a minimum:

21         1.  Use wind certification and hurricane mitigation

22  inspectors who:

23         a.  Have prior experience in residential construction

24  or inspection and have received specialized training in

25  hurricane mitigation procedures. Such training may be provided

26  by a class offered online or in person.

27         b.  Have undergone drug testing and level 2 background

28  checks pursuant to s. 435.04. The department is authorized to

29  conduct criminal record checks of inspectors used by wind

30  certification entities. Inspectors must submit a set of the

31  fingerprints to the department for state and national criminal


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 1  history checks and must pay the fingerprint processing fee set

 2  forth in s. 624.501. The fingerprints shall be sent by the

 3  department to the Department of Law Enforcement and forwarded

 4  to the Federal Bureau of Investigation for processing. The

 5  results shall be returned to the department for screening. The

 6  fingerprints shall be taken by a law enforcement agency,

 7  designated examination center, or other department-approved

 8  entity. Wind certification and Hurricane mitigation inspectors

 9  participating in the program on January 25, 2007, the

10  effective date of this act shall have until June 1, 2007, to

11  meet the requirements for a criminal record check.

12         c.  Have been certified, in a manner satisfactory to

13  the department, to conduct the inspections.

14         2.  Provide a quality assurance program including a

15  reinspection component.

16         (e)  An application for an inspection must contain a

17  signed or electronically verified statement made under penalty

18  of perjury that the applicant has submitted only a single

19  application for that home.

20         (f)  The owner of a site-built, single-family,

21  residential property may apply for and receive an inspection

22  without also applying for a grant pursuant to subsection (2)

23  and without meeting the requirements of paragraph (2)(a).

24         (2)  MITIGATION GRANTS.--Financial grants shall be used

25  to encourage single-family, site-built, owner-occupied,

26  residential property owners to retrofit their properties to

27  make them less vulnerable to hurricane damage.

28         (a)  To be eligible for a grant for persons who have

29  obtained a completed inspection after May 1, 2007, a

30  residential property must:

31  


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 1         1.  Have been granted a homestead exemption under

 2  chapter 196.

 3         2. Be a dwelling with an insured value of $300,000

 4  $500,000 or less. Homeowners who are low-income persons, as

 5  defined in s. 420.0004(10), are exempt from this requirement.

 6         3.  Have undergone an acceptable wind certification and

 7  hurricane mitigation inspection, if the property is an

 8  existing structure.

 9         4.  Be located in the "wind-borne debris region" as

10  that term is defined in s. 1609.2, International Building Code

11  (2006).

12         5.  Be a home for which the building permit application

13  for initial construction was made before March 1, 2002.

14  

15  An application for a grant must contain a signed or

16  electronically verified statement made under penalty of

17  perjury that the applicant has submitted only a single

18  application and must have attached documents demonstrating the

19  applicant meets the requirements of this paragraph. A

20  residential property which is part of a multifamily

21  residential unit may receive a grant only if all homeowners

22  participate and the total number of units does not exceed

23  four.

24         (b)  All grants must be matched on a dollar-for-dollar

25  basis for a total of $10,000 for the actual cost of the

26  mitigation project with the state's contribution not to exceed

27  $5,000.

28         (c)  The program shall create a process in which

29  mitigation contractors agree to participate and seek

30  reimbursement from the state and homeowners select from a list

31  of participating contractors. All mitigation must be based


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 1  upon the securing of all required local permits and

 2  inspections and must be performed by properly licensed

 3  contractors. Mitigation projects are subject to random

 4  reinspection of up to at least 5 10 percent of all projects.

 5  Wind certification and hurricane mitigation inspectors

 6  qualifying for the program may also participate as mitigation

 7  contractors as long as the inspectors meet the department's

 8  qualifications and certification requirements for mitigation

 9  contractors.

10         (d)  Matching fund grants shall also be made available

11  to local governments and nonprofit entities for projects that

12  will reduce hurricane damage to single-family, site-built,

13  owner-occupied, residential property. The department shall

14  liberally construe those requirements in favor of availing the

15  state of the opportunity to leverage funding for the My Safe

16  Florida Home Program with other sources of funding.

17         (e)  When recommended by a hurricane mitigation

18  inspection, grants may be used for the following improvements

19  only:

20         1.  Roof deck attachment.

21         2.  Secondary water barrier.

22         3.  Roof covering.

23         4.  Brace gable ends.

24         5.  Reinforce roof-to-wall connections.

25         1.6.  Opening protection.

26         2.7.  Exterior doors, including garage doors.

27         3.  Brace gable ends.

28  

29  The department may require that improvements be made to all

30  openings, including exterior doors and garage doors, as a

31  condition of approving an application for a grant if the


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 1  department determines that improvements to less than all

 2  openings would not substantially improve the structure's

 3  ability to withstand hurricane damage.

 4         (f)  Grants may be used on a previously inspected

 5  existing structure or on a rebuild. A rebuild is defined as a

 6  site-built, single-family dwelling under construction to

 7  replace a home that was destroyed or significantly damaged by

 8  a hurricane and deemed unlivable by a regulatory authority.

 9  The homeowner must be a low-income homeowner as defined in

10  paragraph (g), must have had a homestead exemption for that

11  home prior to the hurricane, and must be intending to rebuild

12  the home as that homeowner's homestead and maintained the

13  homestead exemption.

14         (g)  Low-income homeowners, as defined in s.

15  420.0004(10), who otherwise meet the requirements of

16  paragraphs (a), (c), (e), and (f) are eligible for a grant of

17  up to $5,000 and are not required to provide a matching amount

18  to receive the grant. Additionally, for low-income homeowners,

19  grant funding may be used for repair to existing structures

20  leading to any of the mitigation improvements provided in

21  paragraph (e), limited to 20 percent of the grant value. The

22  program may accept a certification directly from a low-income

23  homeowner that the homeowner meets the requirements of s.

24  420.0004(10) if the homeowner provides such certification in a

25  signed or electronically verified statement made under penalty

26  of perjury.

27         (h)  The department shall establish objective,

28  reasonable criteria for prioritizing grant applications,

29  consistent with the requirements of this section.

30         (i)  The department shall develop a process that

31  ensures the most efficient means to collect and verify grant


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 1  applications to determine eligibility and may direct hurricane

 2  mitigation inspectors to collect and verify grant application

 3  information or use the Internet or other electronic means to

 4  collect information and determine eligibility.

 5         (j)  The department shall transfer the amount of $40

 6  million from funds appropriated to the program, including up

 7  to 5 percent for administrative costs, to Volunteer Florida

 8  Foundation, Inc., for provision of inspections and grants to

 9  low-income homeowners, as defined in s. 420.0004(10),

10  consistent with this section. Volunteer Florida Foundation,

11  Inc., shall be responsible for inspections and grants

12  management for low-income homeowners and shall report its

13  activities and account for state funds on a quarterly and

14  annual basis to the Chief Financial Officer, the President of

15  the Senate, and the Speaker of the House of Representatives.

16         (3)  EDUCATION AND CONSUMER AWARENESS.--The department

17  may undertake a statewide multimedia public outreach and

18  advertising campaign to inform consumers of the availability

19  and benefits of hurricane inspections and of the safety and

20  financial benefits of residential hurricane damage mitigation.

21  The department may seek out and use local, state, federal, and

22  private funds to support the campaign. Multimedia public

23  education, awareness, and advertising efforts designed to

24  specifically address mitigation techniques shall be employed,

25  as well as a component to support ongoing consumer resources

26  and referral services.

27         (4)  ADVISORY COUNCIL.--There is created an advisory

28  council to provide advice and assistance to the department

29  regarding program administrator with regard to his or her

30  administration of the program. The advisory council shall

31  consist of:


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 1         (a)  A representative of lending institutions, selected

 2  by the Financial Services Commission from a list of at least

 3  three persons recommended by the Florida Bankers Association.

 4         (b)  A representative of residential property insurers,

 5  selected by the Financial Services Commission from a list of

 6  at least three persons recommended by the Florida Insurance

 7  Council.

 8         (c)  A representative of home builders, selected by the

 9  Financial Services Commission from a list of at least three

10  persons recommended by the Florida Home Builders Association.

11         (d)  A faculty member of a state university, selected

12  by the Financial Services Commission, who is an expert in

13  hurricane-resistant construction methodologies and materials.

14         (e)  Two members of the House of Representatives,

15  selected by the Speaker of the House of Representatives.

16         (f)  Two members of the Senate, selected by the

17  President of the Senate.

18         (g)  The Chief Executive Officer of the Federal

19  Alliance for Safe Homes, Inc., or his or her designee.

20         (h)  The senior officer of the Florida Hurricane

21  Catastrophe Fund.

22         (i)  The executive director of Citizens Property

23  Insurance Corporation.

24         (j)  The director of the Division of Emergency

25  Management of the Department of Community Affairs.

26  

27  Members appointed under paragraphs (a)-(d) shall serve at the

28  pleasure of the Financial Services Commission. Members

29  appointed under paragraphs (e) and (f) shall serve at the

30  pleasure of the appointing officer. All other members shall

31  serve voting ex officio. Members of the advisory council shall


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 1  serve without compensation but may receive reimbursement as

 2  provided in s. 112.061 for per diem and travel expenses

 3  incurred in the performance of their official duties.

 4         (5)  FEDERAL FUNDING.--The department may seek out and

 5  leverage local, state, federal, or private funds to enhance

 6  shall use its best efforts to obtain grants or funds from the

 7  federal government to supplement the financial resources of

 8  the program.

 9         (6)  RULES.--The Department of Financial Services shall

10  adopt rules pursuant to ss. 120.536(1) and 120.54 to govern

11  governing the Florida Comprehensive Hurricane Damage

12  Mitigation program, implement the provisions of this section,

13  including rules governing hurricane mitigation inspections,

14  mitigation contractors, and training of inspectors and

15  contractors, and carry out the duties of the department under

16  this section. The department shall also adopt rules

17  establishing priorities for grants provided under this section

18  based on objective criteria that gives priority to reducing

19  the state's probable maximum loss from hurricanes. However,

20  pursuant to this overall goal, the department may further

21  establish priorities based on the insured value of the

22  dwelling, whether or not the dwelling is insured by Citizens

23  Property Insurance Corporation and whether or not the area

24  under consideration has sufficient resources and the ability

25  to perform the retrofitting required.

26         (7)  CONTRACTS WITH NOT-FOR-PROFIT CORPORATIONS.--The

27  Department of Financial Services is authorized to contract

28  with not-for-profit corporations to conduct all or portions of

29  the program and to increase the awareness of the benefits of

30  mitigation among homeowners in this state. The department

31  shall consider the not-for-profit corporation's ability to


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 1  raise funds from the private sector to provide for mitigation

 2  grants, as well as administrative capabilities for conducting

 3  other business related to the program.

 4         (7)(8)  WIND CERTIFICATION AND HURRICANE MITIGATION

 5  INSPECTOR LIST.--The department shall develop and maintain as

 6  a public record a current list of wind certification and

 7  hurricane mitigation inspectors authorized to conduct wind

 8  certification and hurricane mitigation inspections pursuant to

 9  this section.

10         (8)  NO-INTEREST LOANS.--The department may develop a

11  no-interest loan program by December 31, 2007, to encourage

12  the private sector to provide loans to owners of site-built,

13  single-family, residential property to pay for mitigation

14  measures listed in subsection (2). A loan eligible for

15  interest payments pursuant to this subsection may be for a

16  term of up to 3 years and cover up to $5,000 in mitigation

17  measures. The department shall pay the creditor the market

18  rate of interest using funds appropriated for the My Safe

19  Florida Home program. In no case shall the department pay more

20  than the interest rate set by s. 687.03. To be eligible for a

21  loan, a loan applicant must first obtain a home inspection and

22  report that specifies what improvements are needed to reduce

23  the property's vulnerability to windstorm damage pursuant to

24  this section and meet loan underwriting requirements set by

25  the lender. The department may set aside up to $10 million

26  from funds appropriated for the My Safe Florida Home program

27  to implement this subsection. The department shall adopt rules

28  pursuant to ss. 120.36(1) and 120.54 to implement this

29  subsection which may include eligibility criteria.

30         (9)  PUBLIC OUTREACH FOR CONTRACTORS AND REAL ESTATE

31  BROKERS AND SALES ASSOCIATES.--The program shall develop


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 1  brochures for distribution to general contractors, roofing

 2  contractors, and real estate brokers and sales associates

 3  licensed under part I of chapter 475 explaining the benefits

 4  to homeowners of residential hurricane damage mitigation. The

 5  program shall encourage contractors to distribute the

 6  brochures to homeowners at the first meeting with a homeowner

 7  who is considering contracting for home or roof repairs or

 8  contracting for the construction of a new home. The program

 9  shall encourage real estate brokers and sales associates

10  licensed under part I of chapter 475 to distribute the

11  brochures to clients prior to the purchase of a home. The

12  brochures may be made available electronically.

13         (10)  CONTRACT MANAGEMENT.--The department may contract

14  with third parties for grants management, inspection services,

15  educational outreach, and auditing services. Such contracts

16  shall be considered direct costs of the program and shall not

17  be subject to administrative cost limits, but contracts valued

18  at $500,000 or more shall be subject to review and approval by

19  the Legislative Budget Commission. The department shall

20  contract with providers that have a demonstrated record of

21  successful business operations in areas directly related to

22  the services to be provided and shall ensure the highest

23  accountability for use of state funds, consistent with this

24  section.

25         (11)  INTENT.--It is the intent of the Legislature that

26  grants made to residential property owners under this section

27  shall be considered disaster-relief assistance within the

28  meaning of s. 139 of the Internal Revenue Code of 1986, as

29  amended.

30         (12)  REPORTS.--The department shall make an annual

31  report on the activities of the program that shall account for


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 1  the use of state funds and indicate the number of inspections

 2  requested, the number of inspections performed, the number of

 3  grant applications received, and the number and value of

 4  grants approved. The report shall be delivered to the

 5  President of the Senate and the Speaker of the House of

 6  Representatives by February 1 of each year.

 7         Section 2.  Paragraph (b) of subsection (4) of section

 8  489.115, Florida Statutes, is amended to read:

 9         489.115  Certification and registration; endorsement;

10  reciprocity; renewals; continuing education.--

11         (4)

12         (b)1.  Each certificateholder or registrant shall

13  provide proof, in a form established by rule of the board,

14  that the certificateholder or registrant has completed at

15  least 14 classroom hours of at least 50 minutes each of

16  continuing education courses during each biennium since the

17  issuance or renewal of the certificate or registration. The

18  board shall establish by rule that a portion of the required

19  14 hours must deal with the subject of workers' compensation,

20  business practices, and workplace safety, and, for applicable

21  licensure categories, wind mitigation methodologies. The board

22  shall by rule establish criteria for the approval of

23  continuing education courses and providers, including

24  requirements relating to the content of courses and standards

25  for approval of providers, and may by rule establish criteria

26  for accepting alternative nonclassroom continuing education on

27  an hour-for-hour basis. The board shall prescribe by rule the

28  continuing education, if any, which is required during the

29  first biennium of initial licensure. A person who has been

30  licensed for less than an entire biennium must not be required

31  to complete the full 14 hours of continuing education.


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 1         2.  In addition, the board may approve specialized

 2  continuing education courses on compliance with the wind

 3  resistance provisions for one and two family dwellings

 4  contained in the Florida Building Code and any alternate

 5  methodologies for providing such wind resistance which have

 6  been approved for use by the Florida Building Commission.

 7  Division I certificateholders or registrants who demonstrate

 8  proficiency upon completion of such specialized courses may

 9  certify plans and specifications for one and two family

10  dwellings to be in compliance with the code or alternate

11  methodologies, as appropriate, except for dwellings located in

12  floodways or coastal hazard areas as defined in ss. 60.3D and

13  E of the National Flood Insurance Program.

14         3.  Each certificateholder or registrant shall provide

15  to the board proof of completion of the core curriculum

16  courses, or passing the equivalency test of the Building Code

17  Training Program established under s. 553.841, specific to the

18  licensing category sought, within 2 years after commencement

19  of the program or of initial certification or registration,

20  whichever is later. Classroom hours spent taking core

21  curriculum courses shall count toward the number required for

22  renewal of certificates or registration. A certificateholder

23  or registrant who passes the equivalency test in lieu of

24  taking the core curriculum courses shall receive full credit

25  for core curriculum course hours.

26         4.  The board shall require, by rule adopted pursuant

27  to ss. 120.536(1) and 120.54, a specified number of hours in

28  specialized or advanced module courses, approved by the

29  Florida Building Commission, on any portion of the Florida

30  Building Code, adopted pursuant to part VII of chapter 553,

31  relating to the contractor's respective discipline.


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 1         Section 3.  Sections 4, 39, and 42 of chapter 2006-12,

 2  Laws of Florida, are amended to read:

 3         Section 4.  Of the funds appropriated for the My Safe

 4  Florida Home Comprehensive Hurricane Damage Mitigation Program

 5  specified in s. 215.5586, Florida Statutes, as created by this

 6  act, $7.5 million shall be for the Manufactured Housing and

 7  Mobile Home Mitigation and Enhancement Program specified in s.

 8  215.559(4)(b), Florida Statutes, as created by this act. The

 9  Department of Financial Services shall use these funds to

10  contract with Tallahassee Community College to implement the

11  Manufactured Housing and Mobile Home Mitigation and

12  Enhancement Program.

13         Section 39.  (1)  The Office of Insurance Regulation,

14  in consultation with the Department of Community Affairs, the

15  Department of Financial Services, the Federal Alliance for

16  Safe Homes, the Florida Insurance Council, the Florida Home

17  Builders Association, the Florida Manufactured Housing

18  Association, the Risk and Insurance Department of Florida

19  State University, and the Institute for Business and Homes

20  Safety, shall study and develop a program that will provide an

21  objective rating system that will allow homeowners to evaluate

22  the relative ability of Florida properties to withstand the

23  wind load from a sustained severe tropical storm or hurricane.

24         (2)  The rating system will be designed in a manner

25  that is easy to understand for the property owner, based on

26  proven readily verifiable mitigation techniques and devices,

27  and able to be implemented based on a visual inspection

28  program. The Department of Financial Services shall implement

29  a pilot program for use in the My Safe Florida Home

30  Comprehensive Hurricane Damage Mitigation Program.

31  


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 1         (3)  The Department shall provide a report to the

 2  Governor, the President of the Senate, and the Speaker of the

 3  House of Representatives by March 31, 2007, detailing the

 4  nature and construction of the rating scale, its effectiveness

 5  based on implementation in a pilot program, and an operational

 6  plan for statewide implementation of the rating scale.

 7         Section 42.  (1)  For the 2006-2007 fiscal year, the

 8  sum of $250 million is appropriated on a nonrecurring basis

 9  from the General Revenue Fund to the Insurance Regulatory

10  Trust Fund in the Department of Financial Services for

11  purposes of the My Safe Florida Home Comprehensive Hurricane

12  Damage Mitigation Program specified in s. 215.5586, Florida

13  Statutes, as created by this act. The department shall

14  establish a separate account within the trust fund for

15  accounting purposes.

16         (2)  The sum of $250 million is appropriated from the

17  Insurance Regulatory Trust Fund in the Department of Financial

18  Services for the purposes set forth in subsection (1). The

19  department may expend up to 1 percent of the funds

20  appropriated to administer the program. Beginning October 15,

21  2007, and quarterly thereafter, the Chief Financial Officer

22  shall provide a report to the Executive Office of the Governor

23  and the chair and vice chair of the Legislative Budget

24  Commission containing information regarding expenditures made

25  for the purposes set forth in subsection (1).

26         (3)  Notwithstanding the provisions of s. 216.301,

27  Florida Statutes, to the contrary, the unexpended balance of

28  appropriations authorized in subsections (1) and (2) shall not

29  revert until June 30, 2009.

30         Section 4.  It is the intent of the Legislature that

31  scientifically valid and actuarially sound windstorm


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    CS for CS for SB 1864                          First Engrossed



 1  mitigation rate factors, premium discounts, and differentials

 2  be provided to residential and commercial property insurance

 3  policyholders. In order to ensure the validity of such

 4  factors, the Office of Insurance Regulation, in consultation

 5  with the Department of Community Affairs and the Florida

 6  Building Commission, shall conduct or cause to be conducted

 7  one or more wind-loss mitigation studies, subject to

 8  appropriation of funds by the Legislature for this purpose.

 9  The studies shall evaluate the windstorm loss relativities for

10  construction features, including, but not limited to, those

11  that enhance roof strength, roof-covering performance,

12  roof-to-wall strength, wall-to-floor-to-foundation strength,

13  opening protections, and window, door, and skylight strength.

14  The studies shall include residential property, including

15  single-family and multifamily homes, mobile homes, and

16  condominiums, and commercial nonresidential property. The

17  studies shall include, but need not be limited to, an analysis

18  of loss data from the 2004 and 2005 hurricanes. The findings

19  of the studies shall be reported to the Governor, the

20  President of the Senate, the Speaker of the House of

21  Representatives, the Chief Financial Officer, and the

22  Commissioner of Insurance Regulation by January 1, 2008, for

23  the studies related to residential property, and by March 1,

24  2008, for the studies related to commercial nonresidential

25  property.

26         Section 5.  Section 553.844, Florida Statutes, is

27  created to read:

28         553.844  Windstorm loss mitigation; requirements for

29  roofs and opening protection.--

30         (1)  The Legislature finds that:

31  


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    CS for CS for SB 1864                          First Engrossed



 1         (a)  The effects of recent hurricanes on the state have

 2  demonstrated the effectiveness of the Florida Building Code in

 3  reducing property damage to buildings constructed in

 4  accordance with its requirements, and have also exposed a

 5  vulnerability of some construction undertaken prior to

 6  implementation of the Florida Building Code.

 7         (b)  Hurricanes represent a continuing threat to the

 8  health, safety, and welfare of the residents of this state due

 9  to the direct destructive effects of hurricanes as well as

10  their effects on windstorm insurance rates.

11         (c)  The mitigation of property damage constitutes a

12  valid and recognized objective of the Florida Building Code.

13         (d)  Cost-effective techniques for integrating proven

14  methods of the Florida Building Code into buildings built

15  prior to its implementation benefit all residents of the state

16  as a whole.

17         (2)  The Florida Building Commission shall:

18         (a)  Analyze the extent to which a proposed Florida

19  Building Code provision will mitigate property damage to

20  buildings and their contents in evaluating that proposal. If

21  the nature of the proposed Florida Building Code provision

22  relates only to mitigation of property damage and not to a

23  life safety concern, the proposal shall be reviewed based on

24  its measurable benefits in relation to the costs imposed.

25         (b)  Develop and adopt within the Florida Building Code

26  a means to incorporate recognized mitigation techniques for

27  site-built, single-family residential structures constructed

28  prior to the implementation of the Florida Building Code,

29  including, but not limited to:

30         1.  Prescriptive techniques for the installation of

31  gable-end bracing;


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    CS for CS for SB 1864                          First Engrossed



 1         2.  Secondary water barriers for roofs and standards

 2  relating to secondary water barriers. The criteria may

 3  include, but need not be limited to, roof shape, slope, and

 4  composition of all elements of the roof system;

 5         3.  Prescriptive techniques for improvement of

 6  roof-to-wall connections. The Legislature recognizes that the

 7  cost of retrofitting existing buildings to meet the code

 8  requirements for new construction in this regard may exceed

 9  the practical benefit to be attained. The Legislature intends

10  for the commission to provide for the integration of

11  alternate, lower-cost means that may be employed to retrofit

12  existing buildings that are not otherwise required to comply

13  with the requirements of the Florida Building Code for new

14  construction so that the cost of such improvements does not

15  exceed approximately 15 percent of the cost of reroofing;

16         4.  Strengthening or correcting roof-decking

17  attachments and fasteners during reroofing; and

18         5.  Adding or strengthening opening protections.

19         (3)  The Legislature finds that the integration of

20  these specifically identified mitigation measures is critical

21  to addressing the serious problem facing the state from damage

22  caused by windstorms and that delay in the adoption and

23  implementation constitutes a threat to the health, safety, and

24  welfare of the state. Accordingly, the Florida Building

25  Commission shall develop and adopt these measures by October

26  1, 2007, by rule separate from the Florida Building Code,

27  which take immediate effect and shall incorporate such

28  requirements into the next edition of the Florida Building

29  Code. Such rules shall require or otherwise clarify that for

30  site-built, single-family residential structures:

31  


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    CS for CS for SB 1864                          First Engrossed



 1         (a)  A roof replacement must incorporate the techniques

 2  specified in subparagraphs (2)(b)2. and 4.

 3         (b)  For a building that is located in the wind-borne

 4  debris region as defined in s. 1609.2 of the International

 5  Building Code (2006) and that has an insured value of $300,000

 6  or more or, if the building is uninsured or for which

 7  documentation of insured value is not presented, has a just

 8  valuation for the structure of $300,000 or more for purposes

 9  of ad valorem taxation of $300,000 or more, a roof replacement

10  must incorporate the techniques specified in subparagraph

11  (2)(b)3.

12         Section 6.  This act shall take effect upon becoming a

13  law.

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