Senate Bill sb2596

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    Florida Senate - 2007                                  SB 2596

    By Senator Gaetz





    4-1552A-07                                              See HB

  1                      A bill to be entitled

  2         An act relating to hurricane damage mitigation

  3         programs; amending s. 215.5586, F.S.;

  4         transferring the Florida Comprehensive

  5         Hurricane Damage Mitigation Program from the

  6         Department of Financial Services to the

  7         Department of Community Affairs; redesignating

  8         the program as the Florida Comprehensive

  9         Hurricane Damage Mitigation Grant Program;

10         providing eligibility limitations; expanding

11         duties of the advisory council; creating s.

12         215.5587, F.S.; establishing the Florida

13         Comprehensive Hurricane Damage Mitigation Sales

14         Tax Exemption or Rebate Program in the

15         Department of Community Affairs; providing

16         program requirements; providing for

17         requirements for wind certification and

18         hurricane mitigation inspections; providing for

19         an exemption from or a rebate of sales taxes on

20         certain tangible personal property used for

21         certain purposes; providing eligibility

22         requirements; providing limitations; providing

23         for public education and consumer awareness;

24         requiring the department to seek federal

25         funding; requiring the department to adopt

26         rules; requiring the department to coordinate

27         with the Department of Revenue for exemption or

28         rebate purposes; requiring the department to

29         develop and maintain a list of private

30         hurricane damage mitigation contractors;

31         amending s. 212.08, F.S.; providing an

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1         additional exemption from the sales and use tax

 2         for certain tangible personal property used in

 3         hurricane damage mitigation retrofitting

 4         projects; providing an exception; providing an

 5         appropriation; providing an effective date.

 6  

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

 8  

 9         Section 1.  Section 215.5586, Florida Statutes, as

10  amended by section 4 of chapter 2007-1, Laws of Florida, is

11  amended to read:

12         215.5586  Florida Comprehensive Hurricane Damage

13  Mitigation Grant Program.--There is established within the

14  Department of Community Affairs Financial Services the Florida

15  Comprehensive Hurricane Damage Mitigation Grant Program. This

16  section does not create an entitlement for property owners or

17  obligate the state in any way to fund the inspection or

18  retrofitting of residential property in this state.

19  Implementation of this program is subject to annual

20  legislative appropriations. The program shall be administered

21  by an individual with prior executive experience in the

22  private sector in the areas of insurance, business, or

23  construction. The program shall develop and implement a

24  comprehensive and coordinated approach for hurricane damage

25  mitigation that shall include the following:

26         (1)  WIND CERTIFICATION AND HURRICANE MITIGATION

27  INSPECTIONS.--

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

29  residential property, including single-family, two-family,

30  three-family, or four-family residential units, shall be

31  offered to determine what mitigation measures are needed and

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  what improvements to existing residential properties are

 2  needed to reduce the property's vulnerability to hurricane

 3  damage. The department of Financial Services shall establish a

 4  request for proposals to solicit proposals from wind

 5  certification entities to provide at no cost to homeowners

 6  wind certification and hurricane mitigation inspections. The

 7  inspections provided to homeowners, at a minimum, must

 8  include:

 9         1.  A home inspection and report that summarizes the

10  results and identifies corrective actions a homeowner may take

11  to mitigate hurricane damage.

12         2.  A range of cost estimates regarding the mitigation

13  features.

14         3.  Insurer-specific information regarding premium

15  discounts correlated to recommended mitigation features

16  identified by the inspection.

17         4.  A hurricane resistance rating scale specifying the

18  home's current as well as projected wind resistance

19  capabilities.

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

21  provider of wind certification and hurricane mitigation

22  inspections, the entity shall, at a minimum:

23         1.  Use wind certification and hurricane mitigation

24  inspectors who:

25         a.  Have prior experience in residential construction

26  or inspection and have received specialized training in

27  hurricane mitigation procedures.

28         b.  Have undergone drug testing and level 2 background

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

30  conduct criminal record checks of inspectors. Inspectors must

31  submit a set of the fingerprints to the department for state

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  and national criminal history checks and must pay the

 2  fingerprint processing fee set forth in s. 624.501. The

 3  fingerprints shall be sent by the department to the Department

 4  of Law Enforcement and forwarded to the Federal Bureau of

 5  Investigation for processing. The results shall be returned to

 6  the department for screening. The fingerprints shall be taken

 7  by a law enforcement agency, designated examination center, or

 8  other department-approved entity. Wind certification and

 9  hurricane mitigation inspectors participating in the program

10  on the effective date of this act shall have until June 1,

11  2007, to 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         (2)  GRANTS.--Financial grants shall be used to

17  encourage single-family, site-built, owner-occupied,

18  residential property owners to retrofit their properties to

19  make them less vulnerable to hurricane damage.

20         (a)  To be eligible for a grant, a residential property

21  must:

22         1.  Have been granted a homestead exemption under

23  chapter 196.

24         2.  Be a dwelling with an insured value of $500,000 or

25  less. Homeowners who are low-income persons, as defined in s.

26  420.0004(10), are exempt from this requirement.

27         3.  Have undergone an acceptable wind certification and

28  hurricane mitigation inspection, if the property is an

29  existing structure.

30  

31  

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  A residential property which is part of a multifamily

 2  residential unit may receive a grant only if all homeowners

 3  participate and the total number of units does not exceed

 4  four.

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

 6  basis for a total of $10,000 for the mitigation project with

 7  the state's contribution not to exceed $5,000.

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

 9  mitigation contractors agree to participate and seek

10  reimbursement from the state and homeowners select from a list

11  of participating contractors. All mitigation must be based

12  upon the securing of all required local permits and

13  inspections. Mitigation projects are subject to random

14  reinspection of up to at least 10 percent of all projects.

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

16  to local governments and nonprofit entities for projects that

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

18  owner-occupied, residential property.

19         (e)  Grants may be used for the following improvements:

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         6.  Opening protection.

26         7.  Exterior doors, including garage doors.

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

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

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

30  replace a home that was destroyed or significantly damaged by

31  a hurricane and deemed unlivable by a regulatory authority.

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  The homeowner must have had a homestead exemption prior to the

 2  hurricane and maintained the homestead exemption.

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

 4  420.0004(10), who otherwise meet the requirements of

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

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

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

 8  grant funding may be used for repair to existing structures

 9  leading to any of the mitigation improvements provided in

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

11         (h)  Any person receiving a grant under this section is

12  not eligible to receive a sales tax rebate under s. 215.5587.

13         (3)  EDUCATION AND CONSUMER AWARENESS.--Multimedia

14  public education, awareness, and advertising efforts designed

15  to specifically address mitigation techniques shall be

16  employed, as well as a component to support ongoing consumer

17  resources and referral services.

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

19  council to provide advice and assistance to the program

20  administrator with regard to his or her administration of the

21  program and the tax rebate program under s. 215.5587. The

22  advisory council shall consist of:

23         (a)  A representative of lending institutions, selected

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

25  three persons recommended by the Florida Bankers Association.

26         (b)  A representative of residential property insurers,

27  selected by the Financial Services Commission from a list of

28  at least three persons recommended by the Florida Insurance

29  Council.

30  

31  

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




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

 2  Financial Services Commission from a list of at least three

 3  persons recommended by the Florida Home Builders Association.

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

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

 6  hurricane-resistant construction methodologies and materials.

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

 8  selected by the Speaker of the House of Representatives.

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

10  President of the Senate.

11         (g)  The Chief Executive Officer of the Federal

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

13         (h)  The senior officer of the Florida Hurricane

14  Catastrophe Fund.

15         (i)  The executive director of Citizens Property

16  Insurance Corporation.

17         (j)  The director of the Division of Emergency

18  Management of the department of Community Affairs.

19  

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

21  pleasure of the Secretary of Community Affairs Financial

22  Services Commission. Members appointed under paragraphs (e)

23  and (f) shall serve at the pleasure of the appointing officer.

24  All other members shall serve voting ex officio. Members of

25  the advisory council shall serve without compensation but may

26  receive reimbursement as provided in s. 112.061 for per diem

27  and travel expenses incurred in the performance of their

28  official duties. Vacancies on the advisory council under

29  paragraphs (a)-(d) shall be filled by the Secretary of

30  Community Affairs in the same manner as original appointments

31  to the council were made.

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1         (5)  FEDERAL FUNDING.--The department shall use its

 2  best efforts to obtain grants or funds from the Federal

 3  Government to supplement the financial resources of the

 4  program.

 5         (6)  RULES.--The department of Financial Services shall

 6  adopt rules pursuant to ss. 120.536(1) and 120.54 governing

 7  the Florida Comprehensive Hurricane Damage Mitigation Grant

 8  Program. The department shall also adopt rules establishing

 9  priorities for grants provided under this section based on

10  objective criteria that gives priority to reducing the state's

11  probable maximum loss from hurricanes. However, pursuant to

12  this overall goal, the department may further establish

13  priorities based on the insured value of the dwelling, whether

14  or not the dwelling is insured by Citizens Property Insurance

15  Corporation and whether or not the area under consideration

16  has sufficient resources and the ability to perform the

17  retrofitting required.

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

19  department may of Financial Services is authorized to contract

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

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

22  mitigation among homeowners in this state. The department

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

24  raise funds from the private sector to provide for mitigation

25  grants, as well as administrative capabilities for conducting

26  other business related to the program.

27         (8)  WIND CERTIFICATION AND HURRICANE MITIGATION

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

29  a public record a current list of wind certification and

30  hurricane mitigation inspectors authorized to conduct wind

31  

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  certification and hurricane mitigation inspections pursuant to

 2  this section.

 3         Section 2.  Section 215.5587, Florida Statutes, is

 4  created to read:

 5         215.5587  Florida Comprehensive Hurricane Damage

 6  Mitigation Sales Tax Exemption or Rebate Program.--There is

 7  established within the Department of Community Affairs the

 8  Florida Comprehensive Hurricane Damage Mitigation Sales Tax

 9  Exemption or Rebate Program. The program shall be implemented

10  by private mitigation contractors with prior experience in the

11  private sector in the area of insurance, business, or

12  construction. The program shall develop and implement a

13  comprehensive and coordinated approach for hurricane damage

14  mitigation that shall include the following:

15         (1)  WIND CERTIFICATION AND HURRICANE MITIGATION

16  INSPECTIONS.--

17         (a)  Free retrofit inspections of any property shall be

18  offered to determine what mitigation measures are needed and

19  what improvements to existing properties are needed to reduce

20  the property's vulnerability to hurricane damage. The

21  department shall establish a request for proposals to solicit

22  proposals from wind certification entities to provide wind

23  certification and hurricane mitigation inspections at no cost

24  to property owners. The inspections provided to property

25  owners, at a minimum, must include:

26         1.  A property inspection and report that summarizes

27  the results and identifies corrective actions a property owner

28  may take to mitigate hurricane damage.

29         2.  A range of cost estimates regarding the mitigation

30  features.

31  

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1         3.  Insurer-specific information regarding premium

 2  discounts correlated to recommended mitigation features

 3  identified by the inspection.

 4         4.  A hurricane resistance rating scale specifying the

 5  property's current as well as projected wind resistance

 6  capabilities.

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

 8  provider of wind certification and hurricane mitigation

 9  inspections, an entity shall, at a minimum:

10         1.  Use wind certification and hurricane mitigation

11  inspectors who:

12         a.  Have prior experience in construction or inspection

13  and have received specialized training in hurricane mitigation

14  procedures.

15         b.  Have undergone drug testing and level 2 background

16  screening pursuant to s. 435.04. The department is authorized

17  to conduct criminal record checks of inspectors. Inspectors

18  must submit a set of the fingerprints to the department for

19  state and national criminal history checks and must pay the

20  fingerprint processing fee set forth in s. 624.501. The

21  fingerprints shall be sent by the department to the Department

22  of Law Enforcement and forwarded to the Federal Bureau of

23  Investigation for processing. The results shall be returned to

24  the department for screening. The fingerprints shall be taken

25  by a law enforcement agency, designated examination center, or

26  other department-approved entity. Wind certification and

27  hurricane mitigation inspectors participating in the program

28  on the effective date of this act shall have until June 1,

29  2008, to meet the requirements for a criminal record check.

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

31  the department, to conduct the inspections.

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1         2.  Provide a quality assurance program, including a

 2  reinspection component.

 3         (2)  SALES TAX EXEMPTION OR REBATE.--Tangible personal

 4  property purchased by a private hurricane damage mitigation

 5  contractor for use in retrofitting property to mitigate

 6  hurricane damage shall be exempt from the tax imposed under

 7  chapter 212 or shall be subject to a rebate from the

 8  Department of Revenue to the owner of such property, as

 9  provided in this section, to encourage property owners to

10  retrofit their properties to make the properties less

11  vulnerable to hurricane damage. In order to purchase tangible

12  personal property exempt from the tax imposed by chapter 212,

13  a contractor shall possess a valid exemption certificate as

14  provided in chapter 212.

15         (a)1.  To be eligible for a rebate, a property that is

16  an existing structure must have undergone an acceptable wind

17  certification and hurricane mitigation inspection.

18         2.a.  A residential property that is part of a

19  multifamily residential unit may receive a rebate only if all

20  homeowners participate and the total number of units does not

21  exceed four.

22         b.  The owners of a commercial property that consists

23  of more than one unit may receive a rebate only if all

24  business owners of the property participate.

25         (b)  The total amount of the exemption or rebate for an

26  individual property shall not exceed $5,000.

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

28  private mitigation contractors agree to provide wind

29  certification and hurricane damage inspections and contract

30  with property owners to retrofit properties to mitigate damage

31  from hurricanes. All mitigation must be based upon the

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  securing of all required local permits and inspections.

 2  Mitigation projects are subject to random reinspection of at

 3  least 10 percent of all projects.

 4         (d)  Sales tax exemptions or rebates may be claimed for

 5  the following improvements:

 6         1.  Roof deck attachment.

 7         2.  Secondary water barrier.

 8         3.  Roof covering.

 9         4.  Brace gable ends.

10         5.  Reinforce roof-to-wall connections.

11         6.  Opening protection.

12         7.  Exterior doors, including garage doors.

13         (e)  Sales tax exemptions or rebates may be claimed on

14  a previously inspected existing structure or on a rebuild. The

15  term "rebuild" means a site-built facility under construction

16  to replace a structure that was destroyed or significantly

17  damaged by a hurricane and deemed unlivable or unusable by a

18  regulatory authority.

19         (f)1.  A person who receives a rebate of sales taxes

20  under this section is not eligible to receive a grant under s.

21  215.5586.

22         2.  A person who receives a grant under s. 215.5586 is

23  not eligible to receive a rebate under this section.

24         3.  Tangible personal property purchased by a

25  contractor under contract with a property owner who has

26  received a grant under s. 215.5586 is not exempt from the tax

27  imposed by chapter 212.

28         4.  The provisions governing refunds under s. 212.095

29  shall apply to rebates under this section.

30         (3)  EDUCATION AND CONSUMER AWARENESS.--Multimedia

31  public education, awareness, and advertising efforts designed

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  to specifically address mitigation techniques shall be

 2  employed, as well as a component to support ongoing consumer

 3  resources and referral services.

 4         (4)  FEDERAL FUNDING.--The department shall use its

 5  best efforts to obtain grants or funds from the Federal

 6  Government to supplement the financial resources of the

 7  program.

 8         (5)  RULES.--The department shall adopt rules pursuant

 9  to ss. 120.536(1) and 120.54 governing the Florida

10  Comprehensive Hurricane Damage Mitigation Sales Tax Exemption

11  or Rebate Program. The department shall coordinate with the

12  Department of Revenue in administering sales tax exemptions or

13  rebates under the program.

14         (6)  PRIVATE HURRICANE MITIGATION CONTRACTOR LIST.--In

15  addition to the requirements of s. 215.5586(8), the department

16  shall develop and maintain as a public record a current list

17  of private hurricane damage mitigation contractors authorized

18  by the department to retrofit properties to make them less

19  vulnerable to hurricane damage in accordance with this

20  section.

21         Section 3.  Paragraph (eee) is added to subsection (7)

22  of section 212.08, Florida Statutes, to read:

23         212.08  Sales, rental, use, consumption, distribution,

24  and storage tax; specified exemptions.--The sale at retail,

25  the rental, the use, the consumption, the distribution, and

26  the storage to be used or consumed in this state of the

27  following are hereby specifically exempt from the tax imposed

28  by this chapter.

29         (7)  MISCELLANEOUS EXEMPTIONS.--Exemptions provided to

30  any entity by this chapter do not inure to any transaction

31  that is otherwise taxable under this chapter when payment is

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    Florida Senate - 2007                                  SB 2596
    4-1552A-07                                              See HB




 1  made by a representative or employee of the entity by any

 2  means, including, but not limited to, cash, check, or credit

 3  card, even when that representative or employee is

 4  subsequently reimbursed by the entity. In addition, exemptions

 5  provided to any entity by this subsection do not inure to any

 6  transaction that is otherwise taxable under this chapter

 7  unless the entity has obtained a sales tax exemption

 8  certificate from the department or the entity obtains or

 9  provides other documentation as required by the department.

10  Eligible purchases or leases made with such a certificate must

11  be in strict compliance with this subsection and departmental

12  rules, and any person who makes an exempt purchase with a

13  certificate that is not in strict compliance with this

14  subsection and the rules is liable for and shall pay the tax.

15  The department may adopt rules to administer this subsection.

16         (eee)  Tangible personal property purchased for

17  hurricane damage mitigation retrofitting projects.--Also

18  exempt from the tax imposed by this chapter is tangible

19  personal property purchased by a private hurricane damage

20  mitigation contractor for purposes of retrofitting property to

21  make the property less vulnerable to damage from a hurricane,

22  as provided in s. 215.5587, unless the owner of the property

23  being retrofitted as provided in s. 215.5587 has received a

24  grant under s. 215.5586.

25         Section 4.  The sum of $3 million is appropriated from

26  the General Revenue Fund to the Department of Community

27  Affairs for purposes of administering the Florida

28  Comprehensive Hurricane Damage Mitigation Sales Tax Exemption

29  or Rebate Program as provided in s. 215.5587, Florida

30  Statutes.

31         Section 5.  This act shall take effect July 1, 2007.

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