CS/HB 7057

1
A bill to be entitled
2An act relating to hurricane damage mitigation; amending
3s. 215.5586, F.S.; redesignating the Florida Comprehensive
4Hurricane Damage Mitigation Program as the "My Safe
5Florida Home Program"; providing additional duties of the
6Department of Financial Services; providing additional
7legislative intent; revising criteria and requirements for
8hurricane mitigation inspections; requiring the department
9to contract with certain entities to provide hurricane
10mitigation inspections; revising the requirements for such
11inspections; providing for a hurricane resistance rating
12scale as adopted by the Financial Services Commission;
13revising the requirements for an entity to be selected by
14the department to perform inspections; providing
15requirements for a homeowner with respect to applying for
16an inspection; revising requirements for mitigation
17grants; authorizing inspectors to participate as
18contractors under certain circumstances; limiting the
19purposes for which a grant may be used; providing for
20priorities of grants; requiring the department to develop
21a grant applications verification and collection process;
22requiring the department to transfer certain appropriated
23funds to Volunteer Florida Foundation, Inc., for certain
24purposes; specifying duties of Volunteer Florida
25Foundation, Inc.; authorizing the department to undertake
26a statewide consumer information campaign; requiring the
27advisory council to advise and assist the department in
28administering the program; expanding the department's
29authorization to enhance financial resource funding of the
30program; revising the department's rulemaking authority;
31deleting provisions authorizing the department to contract
32with not-for-profit corporations; requiring the department
33to maintain a list of authorized hurricane mitigation
34inspectors; authorizing the department to develop a no-
35interest loan program; providing program requirements and
36limitations; requiring the department to pay certain
37creditors from funds appropriated for the program;
38providing loan eligibility criteria; authorizing the
39department to set aside certain funds for program
40purposes; requiring the department to adopt rules;
41providing for public outreach for contractors, real estate
42brokers, and licensed sales associates; authorizing the
43department to contract for grants management, inspection
44services, education outreach, and auditing services;
45providing additional legislative intent; requiring the
46department to make annual reports to the Legislature
47concerning the program; providing report requirements;
48amending s. 489.115, F.S.; including wind mitigation
49methodologies under certain continuing education
50requirements for contractors; amending ss. 4, 39, and 42
51of ch. 2006-12, Laws of Florida; providing conforming
52changes to the redesignation of the Florida Comprehensive
53Hurricane Damage Mitigation Program; providing legislative
54intent; requiring the Office of Insurance Regulation, in
55consultation with the Department of Community Affairs and
56the Florida Building Commission, to conduct wind-loss
57mitigation studies; providing requirements for the
58studies; requiring reports to the Governor, the
59Legislature, the Chief Financial Officer, and the
60Commissioner of Insurance Regulation; creating s. 553.844,
61F.S.; providing legislative findings concerning the need
62to prevent property damage caused by hurricanes; requiring
63the Florida Building Commission to adopt amendments to the
64Florida Building Code, including requirements for certain
65buildings constructed before the implementation of the
66code; providing requirements for such amendments;
67providing requirements for buildings located in a wind-
68borne debris region; amending s. 627.351, F.S.; requiring
69that a residential structure located in a wind-borne
70debris region have certain opening protections required
71under the Florida Building Code in order to be eligible
72for coverage by the Citizens Property Insurance
73Corporation; providing appropriations; providing an
74effective date.
75
76Be It Enacted by the Legislature of the State of Florida:
77
78     Section 1.  Section 215.5586, Florida Statutes, is amended
79to read:
80     215.5586  My Safe Florida Home Comprehensive Hurricane
81Damage Mitigation Program.--There is established within the
82Department of Financial Services the My Safe Florida Home
83Comprehensive Hurricane Damage Mitigation Program. The
84department shall provide fiscal accountability, contract
85management, and strategic leadership for the program, consistent
86with this section. This section does not create an entitlement
87for property owners or obligate the state in any way to fund the
88inspection or retrofitting of residential property in this
89state. Implementation of this program is subject to annual
90legislative appropriations. It is the intent of the Legislature
91that the My Safe Florida Home Program provide inspections for at
92least 400,000 site-built, single-family, residential properties
93and provide grants to at least 35,000 applicants before June 30,
942009. The program shall be administered by an individual with
95prior executive experience in the private sector in the areas of
96insurance, business, or construction. The program shall develop
97and implement a comprehensive and coordinated approach for
98hurricane damage mitigation that shall include the following:
99     (1)  WIND CERTIFICATION AND HURRICANE MITIGATION
100INSPECTIONS.--
101     (a)  Free home-retrofit inspections of site-built, single-
102family, residential property, including single-family, two-
103family, three-family, or four-family residential units, shall be
104offered throughout the state to determine what mitigation
105measures are needed, what insurance premium discounts may be
106available, and what improvements to existing residential
107properties are needed to reduce the property's vulnerability to
108hurricane damage. The Department of Financial Services shall
109contract with establish a request for proposals to solicit
110proposals from wind certification entities to provide free at no
111cost to homeowners wind certification and hurricane mitigation
112inspections. The inspections provided to homeowners, at a
113minimum, must include:
114     1.  A home inspection and report that summarizes the
115results and identifies recommended improvements corrective
116actions a homeowner may take to mitigate hurricane damage.
117     2.  A range of cost estimates regarding the recommended
118mitigation improvements features.
119     3.  Insurer-specific information regarding premium
120discounts correlated to the current mitigation features and the
121recommended mitigation improvements features identified by the
122inspection.
123     4.  A hurricane resistance rating scale specifying the
124home's current as well as projected wind resistance
125capabilities. As soon as practical, the rating scale must be the
126uniform home grading scale adopted by the Financial Services
127Commission pursuant to s. 40 of chapter 2007-1, Laws of Florida.
128     (b)  To qualify for selection by the department as a
129provider of wind certification entity to provide and hurricane
130mitigation inspections, the entity shall, at a minimum:
131     1.  Use wind certification and hurricane mitigation
132inspectors who:
133     a.  Have prior experience in residential construction or
134inspection and have received specialized training in hurricane
135mitigation procedures. Such training may be provided by a class
136offered online or in person.
137     b.  Have undergone drug testing and level 2 background
138checks pursuant to s. 435.04. The department is authorized to
139conduct criminal record checks of inspectors used by wind
140certification entities. Inspectors must submit a set of the
141fingerprints to the department for state and national criminal
142history checks and must pay the fingerprint processing fee set
143forth in s. 624.501. The fingerprints shall be sent by the
144department to the Department of Law Enforcement and forwarded to
145the Federal Bureau of Investigation for processing. The results
146shall be returned to the department for screening. The
147fingerprints shall be taken by a law enforcement agency,
148designated examination center, or other department-approved
149entity. Wind certification and Hurricane mitigation inspectors
150participating in the program on January 25, 2007, the effective
151date of this act shall have until June 1, 2007, to meet the
152requirements for a criminal record check.
153     c.  Have been certified, in a manner satisfactory to the
154department, to conduct the inspections.
155     2.  Provide a quality assurance program including a
156reinspection component.
157     (c)  An application for an inspection must contain a signed
158or electronically verified statement made under penalty of
159perjury that the applicant has submitted only a single
160application for that home.
161     (d)  The owner of a site-built, single-family, residential
162property may apply for and receive an inspection without also
163applying for a grant pursuant to subsection (2) and without
164meeting the requirements of paragraph (2)(a).
165     (2)  MITIGATION GRANTS.--Financial grants shall be used to
166encourage single-family, site-built, owner-occupied, residential
167property owners to retrofit their properties to make them less
168vulnerable to hurricane damage.
169     (a)  To be eligible for a grant for persons who have
170obtained a completed inspection after May 1, 2007, a residential
171property must:
172     1.  Have been granted a homestead exemption under chapter
173196.
174     2.  Be a dwelling with an insured value of $300,000
175$500,000 or less. Homeowners who are low-income persons, as
176defined in s. 420.0004(10), are exempt from this requirement.
177     3.  Have undergone an acceptable wind certification and
178hurricane mitigation inspection, if the property is an existing
179structure.
180     4.  Be located in the "wind-borne debris region" as that
181term is defined in s. 1609.2, International Building Code
182(2006).
183     5.  Be a home for which the building permit application for
184initial construction was made before March 1, 2002.
185
186An application for a grant must contain a signed or
187electronically verified statement made under penalty of perjury
188that the applicant has submitted only a single application and
189must have attached documents demonstrating the applicant meets
190the requirements of this paragraph. A residential property which
191is part of a multifamily residential unit may receive a grant
192only if all homeowners participate and the total number of units
193does not exceed four.
194     (b)  All grants must be matched on a dollar-for-dollar
195basis for a total of $10,000 for the actual cost of the
196mitigation project with the state's contribution not to exceed
197$5,000.
198     (c)  The program shall create a process in which mitigation
199contractors agree to participate and seek reimbursement from the
200state and homeowners select from a list of participating
201contractors. All mitigation must be based upon the securing of
202all required local permits and inspections and must be performed
203by properly licensed contractors. Mitigation projects are
204subject to random reinspection of up to at least 5 10 percent of
205all projects. Hurricane mitigation inspectors qualifying for the
206program may also participate as mitigation contractors as long
207as the inspectors meet the department's qualifications and
208certification requirements for mitigation contractors.
209     (d)  Matching fund grants shall also be made available to
210local governments and nonprofit entities for projects that will
211reduce hurricane damage to single-family, site-built, owner-
212occupied, residential property. The department shall liberally
213construe those requirements in favor of availing the state of
214the opportunity to leverage funding for the My Safe Florida Home
215Program with other sources of funding.
216     (e)  When recommended by a hurricane mitigation inspection,
217grants may be used for the following improvements only:
218     1.  Roof deck attachment.
219     2.  Secondary water barrier.
220     3.  Roof covering.
221     4.  Brace gable ends.
222     5.  Reinforce roof-to-wall connections.
223     1.6.  Opening protection.
224     2.7.  Exterior doors, including garage doors.
225     3.  Brace gable ends.
226
227The department may require that improvements be made to all
228openings, including exterior doors and garage doors, as a
229condition of approving an application for a grant if the
230department determines that improvements to less than all
231openings would not substantially improve the structure's ability
232to withstand hurricane damage.
233     (f)  Grants may be used on a previously inspected existing
234structure or on a rebuild. A rebuild is defined as a site-built,
235single-family dwelling under construction to replace a home that
236was destroyed or significantly damaged by a hurricane and deemed
237unlivable by a regulatory authority. The homeowner must be a
238low-income homeowner as defined in paragraph (g), must have had
239a homestead exemption for that home prior to the hurricane, and
240must be intending to rebuild the home as that homeowner's
241homestead and maintained the homestead exemption.
242     (g)  Low-income homeowners, as defined in s. 420.0004(10),
243who otherwise meet the requirements of paragraphs (a), (c), (e),
244and (f) are eligible for a grant of up to $5,000 and are not
245required to provide a matching amount to receive the grant.
246Additionally, for low-income homeowners, grant funding may be
247used for repair to existing structures leading to any of the
248mitigation improvements provided in paragraph (e), limited to 20
249percent of the grant value. The program may accept a
250certification directly from a low-income homeowner that the
251homeowner meets the requirements of s. 420.0004(10) if the
252homeowner provides such certification in a signed or
253electronically verified statement made under penalty of perjury.
254     (h)  The department shall establish objective, reasonable
255criteria for prioritizing grant applications, consistent with
256the requirements of this section.
257     (i)  The department shall develop a process that ensures
258the most efficient means to collect and verify grant
259applications to determine eligibility and may direct hurricane
260mitigation inspectors to collect and verify grant application
261information or use the Internet or other electronic means to
262collect information and determine eligibility.
263     (j)  The department shall transfer the amount of $40
264million from funds appropriated to the program, including up to
2655 percent for administrative costs, to Volunteer Florida
266Foundation, Inc., for provision of inspections and grants to
267low-income homeowners, as defined in s. 420.0004(10), consistent
268with this section. Volunteer Florida Foundation, Inc., shall be
269responsible for inspections and grants management for low-income
270homeowners and shall report its activities and account for state
271funds on a quarterly and annual basis to the Chief Financial
272Officer, the President of the Senate, and the Speaker of the
273House of Representatives.
274     (3)  EDUCATION AND CONSUMER AWARENESS.--The department may
275undertake a statewide multimedia public outreach and advertising
276campaign to inform consumers of the availability and benefits of
277hurricane inspections and of the safety and financial benefits
278of residential hurricane damage mitigation. The department may
279seek out and use local, state, federal, and private funds to
280support the campaign. Multimedia public education, awareness,
281and advertising efforts designed to specifically address
282mitigation techniques shall be employed, as well as a component
283to support ongoing consumer resources and referral services.
284     (4)  ADVISORY COUNCIL.--There is created an advisory
285council to provide advice and assistance to the department
286regarding program administrator with regard to his or her
287administration of the program. The advisory council shall
288consist of:
289     (a)  A representative of lending institutions, selected by
290the Financial Services Commission from a list of at least three
291persons recommended by the Florida Bankers Association.
292     (b)  A representative of residential property insurers,
293selected by the Financial Services Commission from a list of at
294least three persons recommended by the Florida Insurance
295Council.
296     (c)  A representative of home builders, selected by the
297Financial Services Commission from a list of at least three
298persons recommended by the Florida Home Builders Association.
299     (d)  A faculty member of a state university, selected by
300the Financial Services Commission, who is an expert in
301hurricane-resistant construction methodologies and materials.
302     (e)  Two members of the House of Representatives, selected
303by the Speaker of the House of Representatives.
304     (f)  Two members of the Senate, selected by the President
305of the Senate.
306     (g)  The Chief Executive Officer of the Federal Alliance
307for Safe Homes, Inc., or his or her designee.
308     (h)  The senior officer of the Florida Hurricane
309Catastrophe Fund.
310     (i)  The executive director of Citizens Property Insurance
311Corporation.
312     (j)  The director of the Division of Emergency Management
313of the Department of Community Affairs.
314
315Members appointed under paragraphs (a)-(d) shall serve at the
316pleasure of the Financial Services Commission. Members appointed
317under paragraphs (e) and (f) shall serve at the pleasure of the
318appointing officer. All other members shall serve voting ex
319officio. Members of the advisory council shall serve without
320compensation but may receive reimbursement as provided in s.
321112.061 for per diem and travel expenses incurred in the
322performance of their official duties.
323     (5)  FEDERAL FUNDING.--The department may seek out and
324leverage local, state, federal, or private funds to enhance
325shall use its best efforts to obtain grants or funds from the
326federal government to supplement the financial resources of the
327program.
328     (6)  RULES.--The Department of Financial Services shall
329adopt rules pursuant to ss. 120.536(1) and 120.54 to govern
330governing the Florida Comprehensive Hurricane Damage Mitigation
331program, implement the provisions of this section, including
332rules governing hurricane mitigation inspections, mitigation
333contractors, and training of inspectors and contractors, and
334carry out the duties of the department under this section. The
335department shall also adopt rules establishing priorities for
336grants provided under this section based on objective criteria
337that gives priority to reducing the state's probable maximum
338loss from hurricanes. However, pursuant to this overall goal,
339the department may further establish priorities based on the
340insured value of the dwelling, whether or not the dwelling is
341insured by Citizens Property Insurance Corporation and whether
342or not the area under consideration has sufficient resources and
343the ability to perform the retrofitting required.
344     (7)  CONTRACTS WITH NOT-FOR-PROFIT CORPORATIONS.--The
345Department of Financial Services is authorized to contract with
346not-for-profit corporations to conduct all or portions of the
347program and to increase the awareness of the benefits of
348mitigation among homeowners in this state. The department shall
349consider the not-for-profit corporation's ability to raise funds
350from the private sector to provide for mitigation grants, as
351well as administrative capabilities for conducting other
352business related to the program.
353     (7)(8)  WIND CERTIFICATION AND HURRICANE MITIGATION
354INSPECTOR LIST.--The department shall develop and maintain as a
355public record a current list of wind certification and hurricane
356mitigation inspectors authorized to conduct wind certification
357and hurricane mitigation inspections pursuant to this section.
358     (8)  NO-INTEREST LOANS.--The department may develop a no-
359interest loan program by December 31, 2007, to encourage the
360private sector to provide loans to owners of site-built, single-
361family, residential property to pay for mitigation measures
362listed in subsection (2). A loan eligible for interest payments
363pursuant to this subsection may be for a term of up to 3 years
364and cover up to $5,000 in mitigation measures. The department
365shall pay the creditor the market rate of interest using funds
366appropriated for the My Safe Florida Home program. In no case
367shall the department pay more than the interest rate set by s.
368687.03. To be eligible for a loan, a loan applicant must first
369obtain a home inspection and report that specifies what
370improvements are needed to reduce the property's vulnerability
371to windstorm damage pursuant to this section and meet loan
372underwriting requirements set by the lender. The department may
373set aside up to $10 million from funds appropriated for the My
374Safe Florida Home program to implement this subsection. The
375department shall adopt rules pursuant to ss. 120.36(1) and
376120.54 to implement this subsection which may include
377eligibility criteria.
378     (9)  PUBLIC OUTREACH FOR CONTRACTORS AND REAL ESTATE
379BROKERS AND SALES ASSOCIATES.--The program shall develop
380brochures for distribution to general contractors, roofing
381contractors, and real estate brokers and sales associates
382licensed under part I of chapter 475 explaining the benefits to
383homeowners of residential hurricane damage mitigation. The
384program shall encourage contractors to distribute the brochures
385to homeowners at the first meeting with a homeowner who is
386considering contracting for home or roof repairs or contracting
387for the construction of a new home. The program shall encourage
388real estate brokers and sales associates licensed under part I
389of chapter 475 to distribute the brochures to clients prior to
390the purchase of a home. The brochures may be made available
391electronically.
392     (10)  CONTRACT MANAGEMENT.--The department may contract
393with third parties for grants management, inspection services,
394educational outreach, and auditing services. Such contracts
395shall be considered direct costs of the program and shall not be
396subject to administrative cost limits, but contracts valued at
397$500,000 or more shall be subject to review and approval by the
398Legislative Budget Commission. The department shall contract
399with providers that have a demonstrated record of successful
400business operations in areas directly related to the services to
401be provided and shall ensure the highest accountability for use
402of state funds, consistent with this section.
403     (11)  INTENT.--It is the intent of the Legislature that
404grants made to residential property owners under this section
405shall be considered disaster-relief assistance within the
406meaning of s. 139 of the Internal Revenue Code of 1986, as
407amended.
408     (12)  REPORTS.--The department shall make an annual report
409on the activities of the program that shall account for the use
410of state funds and indicate the number of inspections requested,
411the number of inspections performed, the number of grant
412applications received, and the number and value of grants
413approved. The report shall be delivered to the President of the
414Senate and the Speaker of the House of Representatives by
415February 1 of each year.
416     Section 2.  Paragraph (b) of subsection (4) of section
417489.115, Florida Statutes, is amended to read:
418     489.115  Certification and registration; endorsement;
419reciprocity; renewals; continuing education.--
420     (4)
421     (b)1.  Each certificateholder or registrant shall provide
422proof, in a form established by rule of the board, that the
423certificateholder or registrant has completed at least 14
424classroom hours of at least 50 minutes each of continuing
425education courses during each biennium since the issuance or
426renewal of the certificate or registration. The board shall
427establish by rule that a portion of the required 14 hours must
428deal with the subject of workers' compensation, business
429practices, and workplace safety, and, for applicable licensure
430categories, wind mitigation methodologies. The board shall by
431rule establish criteria for the approval of continuing education
432courses and providers, including requirements relating to the
433content of courses and standards for approval of providers, and
434may by rule establish criteria for accepting alternative
435nonclassroom continuing education on an hour-for-hour basis. The
436board shall prescribe by rule the continuing education, if any,
437which is required during the first biennium of initial
438licensure. A person who has been licensed for less than an
439entire biennium must not be required to complete the full 14
440hours of continuing education.
441     2.  In addition, the board may approve specialized
442continuing education courses on compliance with the wind
443resistance provisions for one and two family dwellings contained
444in the Florida Building Code and any alternate methodologies for
445providing such wind resistance which have been approved for use
446by the Florida Building Commission. Division I
447certificateholders or registrants who demonstrate proficiency
448upon completion of such specialized courses may certify plans
449and specifications for one and two family dwellings to be in
450compliance with the code or alternate methodologies, as
451appropriate, except for dwellings located in floodways or
452coastal hazard areas as defined in ss. 60.3D and E of the
453National Flood Insurance Program.
454     3.  Each certificateholder or registrant shall provide to
455the board proof of completion of the core curriculum courses, or
456passing the equivalency test of the Building Code Training
457Program established under s. 553.841, specific to the licensing
458category sought, within 2 years after commencement of the
459program or of initial certification or registration, whichever
460is later. Classroom hours spent taking core curriculum courses
461shall count toward the number required for renewal of
462certificates or registration. A certificateholder or registrant
463who passes the equivalency test in lieu of taking the core
464curriculum courses shall receive full credit for core curriculum
465course hours.
466     4.  The board shall require, by rule adopted pursuant to
467ss. 120.536(1) and 120.54, a specified number of hours in
468specialized or advanced module courses, approved by the Florida
469Building Commission, on any portion of the Florida Building
470Code, adopted pursuant to part VII of chapter 553, relating to
471the contractor's respective discipline.
472     Section 3.  Sections 4, 39, and 42 of chapter 2006-12, Laws
473of Florida, are amended to read:
474     Section 4.  Of the funds appropriated for the My Safe
475Florida Home Comprehensive Hurricane Damage Mitigation Program
476specified in s. 215.5586, Florida Statutes, as created by this
477act, $7.5 million shall be for the Manufactured Housing and
478Mobile Home Mitigation and Enhancement Program specified in s.
479215.559(4)(b), Florida Statutes, as created by this act. The
480Department of Financial Services shall use these funds to
481contract with Tallahassee Community College to implement the
482Manufactured Housing and Mobile Home Mitigation and Enhancement
483Program.
484     Section 39.  (1)  The Office of Insurance Regulation, in
485consultation with the Department of Community Affairs, the
486Department of Financial Services, the Federal Alliance for Safe
487Homes, the Florida Insurance Council, the Florida Home Builders
488Association, the Florida Manufactured Housing Association, the
489Risk and Insurance Department of Florida State University, and
490the Institute for Business and Homes Safety, shall study and
491develop a program that will provide an objective rating system
492that will allow homeowners to evaluate the relative ability of
493Florida properties to withstand the wind load from a sustained
494severe tropical storm or hurricane.
495     (2)  The rating system will be designed in a manner that is
496easy to understand for the property owner, based on proven
497readily verifiable mitigation techniques and devices, and able
498to be implemented based on a visual inspection program. The
499Department of Financial Services shall implement a pilot program
500for use in the My Safe Florida Home Comprehensive Hurricane
501Damage Mitigation Program.
502     (3)  The Department shall provide a report to the Governor,
503the President of the Senate, and the Speaker of the House of
504Representatives by March 31, 2007, detailing the nature and
505construction of the rating scale, its effectiveness based on
506implementation in a pilot program, and an operational plan for
507statewide implementation of the rating scale.
508     Section 42.  (1)  For the 2006-2007 fiscal year, the sum of
509$250 million is appropriated on a nonrecurring basis from the
510General Revenue Fund to the Insurance Regulatory Trust Fund in
511the Department of Financial Services for purposes of the My Safe
512Florida Home Comprehensive Hurricane Damage Mitigation Program
513specified in s. 215.5586, Florida Statutes, as created by this
514act. The department shall establish a separate account within
515the trust fund for accounting purposes.
516     (2)  The sum of $250 million is appropriated from the
517Insurance Regulatory Trust Fund in the Department of Financial
518Services for the purposes set forth in subsection (1). The
519department may expend up to 1 percent of the funds appropriated
520to administer the program. Beginning October 15, 2007, and
521quarterly thereafter, the Chief Financial Officer shall provide
522a report to the Executive Office of the Governor and the chair
523and vice chair of the Legislative Budget Commission containing
524information regarding expenditures made for the purposes set
525forth in subsection (1).
526     (3)  Notwithstanding the provisions of s. 216.301, Florida
527Statutes, to the contrary, the unexpended balance of
528appropriations authorized in subsections (1) and (2) shall not
529revert until June 30, 2009.
530     Section 4.  It is the intent of the Legislature that
531scientifically valid and actuarially sound windstorm mitigation
532rate factors, premium discounts, and differentials be provided
533to residential and commercial property insurance policyholders.
534In order to ensure the validity of such factors, the Office of
535Insurance Regulation, in consultation with the Department of
536Community Affairs and the Florida Building Commission, shall
537conduct or cause to be conducted one or more wind-loss
538mitigation studies, subject to appropriation of funds by the
539Legislature for this purpose. The studies shall evaluate the
540windstorm loss relativities for construction features,
541including, but not limited to, those that enhance roof strength,
542roof-covering performance, roof-to-wall strength, wall-to-floor-
543to-foundation strength, opening protections, and window, door,
544and skylight strength. The studies shall include residential
545property, including single-family and multifamily homes, mobile
546homes, and condominiums, and commercial nonresidential property.
547The studies shall include, but need not be limited to, an
548analysis of loss data from the 2004 and 2005 hurricanes. The
549findings of the studies shall be reported to the Governor, the
550President of the Senate, the Speaker of the House of
551Representatives, the Chief Financial Officer, and the
552Commissioner of Insurance Regulation by January 1, 2008, for the
553studies related to residential property, and by March 1, 2008,
554for the studies related to commercial nonresidential property.
555     Section 5.  Section 553.844, Florida Statutes, is created
556to read:
557     553.844  Windstorm loss mitigation; requirements for roofs
558and opening protection.--
559     (1)  The Legislature finds that:
560     (a)  The effects of recent hurricanes on the state have
561demonstrated the effectiveness of the Florida Building Code in
562reducing property damage to buildings constructed in accordance
563with its requirements, and have also exposed a vulnerability of
564some construction undertaken prior to implementation of the
565Florida Building Code.
566     (b)  Hurricanes represent a continuing threat to the
567health, safety, and welfare of the residents of this state due
568to the direct destructive effects of hurricanes as well as their
569effects on windstorm insurance rates.
570     (c)  The mitigation of property damage constitutes a valid
571and recognized objective of the Florida Building Code.
572     (d)  Cost-effective techniques for integrating proven
573methods of the Florida Building Code into buildings built prior
574to its implementation benefit all residents of the state as a
575whole.
576     (2)  The Florida Building Commission shall:
577     (a)  Analyze the extent to which a proposed Florida
578Building Code provision will mitigate property damage to
579buildings and their contents in evaluating that proposal. If the
580nature of the proposed Florida Building Code provision relates
581only to mitigation of property damage and not to a life safety
582concern, the proposal shall be reviewed based on its measurable
583benefits in relation to the costs imposed.
584     (b)  Develop and adopt within the Florida Building Code a
585means to incorporate recognized mitigation techniques for site-
586built, single-family residential structures constructed prior to
587the implementation of the Florida Building Code, including, but
588not limited to:
589     1.  Prescriptive techniques for the installation of gable-
590end bracing;
591     2.  Secondary water barriers for roofs and standards
592relating to secondary water barriers. The criteria may include,
593but need not be limited to, roof shape, slope, and composition
594of all elements of the roof system;
595     3.  Prescriptive techniques for improvement of roof-to-wall
596connections. The Legislature recognizes that the cost of
597retrofitting existing buildings to meet the code requirements
598for new construction in this regard may exceed the practical
599benefit to be attained. The Legislature intends for the
600commission to provide for the integration of alternate, lower-
601cost means that may be employed to retrofit existing buildings
602that are not otherwise required to comply with the requirements
603of the Florida Building Code for new construction so that the
604cost of such improvements does not exceed approximately 15
605percent of the cost of reroofing;
606     4.  Strengthening or correcting roof-decking attachments
607and fasteners during reroofing; and
608     5.  Adding or strengthening opening protections.
609     (3)  The Legislature finds that the integration of these
610specifically identified mitigation measures is critical to
611addressing the serious problem facing the state from damage
612caused by windstorms and that delay in the adoption and
613implementation constitutes a threat to the health, safety, and
614welfare of the state. Accordingly, the Florida Building
615Commission shall develop and adopt these measures by October 1,
6162007, by rule separate from the Florida Building Code, which
617take immediate effect and shall incorporate such requirements
618into the next edition of the Florida Building Code. Such rules
619shall require or otherwise clarify that for site-built, single-
620family residential structures:
621     (a)  A roof replacement must incorporate the techniques
622specified in subparagraphs (2)(b)2. and 4.
623     (b)  For a building that is located in the wind-borne
624debris region as defined in s. 1609.2 of the International
625Building Code (2006) and that has an insured value of $300,000
626or more or, if the building is uninsured or for which
627documentation of insured value is not presented, has a just
628valuation for the structure for purposes of ad valorem taxation
629of $300,000 or more, a roof replacement must incorporate the
630techniques specified in subparagraph (2)(b)3.
631     (c)  Any activity requiring a building permit that is
632applied for on or after July 1, 2008, and for which the
633estimated cost is $50,000 or more, must include provision of
634opening protections as required within the Florida Building Code
635for new construction for a building that is located in the wind-
636borne debris region as defined in s. 1609.2 of the International
637Building Code (2006) and that has an insured value of $750,000
638or more, or, if the building is uninsured or for which
639documentation of insured value is not presented, has a just
640valuation for the structure for purposes of ad valorem taxation
641of $750,000 or more.
642     Section 6.  Paragraph (a) of subsection (6) of section
643627.351, Florida Statutes, as amended by section 21 of chapter
6442007-1, Laws of Florida, is amended to read:
645     627.351  Insurance risk apportionment plans.--
646     (6)  CITIZENS PROPERTY INSURANCE CORPORATION.--
647     (a)1.  The Legislature finds that actual and threatened
648catastrophic losses to property in this state from hurricanes
649have caused insurers to be unwilling or unable to provide
650property insurance coverage to the extent sought and needed. It
651is in the public interest and a public purpose to assist in
652assuring that property in the state is insured so as to
653facilitate the remediation, reconstruction, and replacement of
654damaged or destroyed property in order to reduce or avoid the
655negative effects otherwise resulting to the public health,
656safety, and welfare; to the economy of the state; and to the
657revenues of the state and local governments needed to provide
658for the public welfare. It is necessary, therefore, to provide
659property insurance to applicants who are in good faith entitled
660to procure insurance through the voluntary market but are unable
661to do so. The Legislature intends by this subsection that
662property insurance be provided and that it continues, as long as
663necessary, through an entity organized to achieve efficiencies
664and economies, while providing service to policyholders,
665applicants, and agents that is no less than the quality
666generally provided in the voluntary market, all toward the
667achievement of the foregoing public purposes. Because it is
668essential for the corporation to have the maximum financial
669resources to pay claims following a catastrophic hurricane, it
670is the intent of the Legislature that the income of the
671corporation be exempt from federal income taxation and that
672interest on the debt obligations issued by the corporation be
673exempt from federal income taxation.
674     2.  The Residential Property and Casualty Joint
675Underwriting Association originally created by this statute
676shall be known, as of July 1, 2002, as the Citizens Property
677Insurance Corporation. The corporation shall provide insurance
678for residential and commercial property, for applicants who are
679in good faith entitled, but are unable, to procure insurance
680through the voluntary market. The corporation shall operate
681pursuant to a plan of operation approved by order of the
682Financial Services Commission. The plan is subject to continuous
683review by the commission. The commission may, by order, withdraw
684approval of all or part of a plan if the commission determines
685that conditions have changed since approval was granted and that
686the purposes of the plan require changes in the plan. The
687corporation shall continue to operate pursuant to the plan of
688operation approved by the Office of Insurance Regulation until
689October 1, 2006. For the purposes of this subsection,
690residential coverage includes both personal lines residential
691coverage, which consists of the type of coverage provided by
692homeowner's, mobile home owner's, dwelling, tenant's,
693condominium unit owner's, and similar policies, and commercial
694lines residential coverage, which consists of the type of
695coverage provided by condominium association, apartment
696building, and similar policies.
697     3.  For the purposes of this subsection, the term
698"homestead property" means:
699     a.  Property that has been granted a homestead exemption
700under chapter 196;
701     b.  Property for which the owner has a current, written
702lease with a renter for a term of at least 7 months and for
703which the dwelling is insured by the corporation for $200,000 or
704less;
705     c.  An owner-occupied mobile home or manufactured home, as
706defined in s. 320.01, which is permanently affixed to real
707property, is owned by a Florida resident, and has been granted a
708homestead exemption under chapter 196 or, if the owner does not
709own the real property, the owner certifies that the mobile home
710or manufactured home is his or her principal place of residence;
711     d.  Tenant's coverage;
712     e.  Commercial lines residential property; or
713     f.  Any county, district, or municipal hospital; a hospital
714licensed by any not-for-profit corporation qualified under s.
715501(c)(3) of the United States Internal Revenue Code; or a
716continuing care retirement community that is certified under
717chapter 651 and that receives an exemption from ad valorem taxes
718under chapter 196.
719     4.  For the purposes of this subsection, the term
720"nonhomestead property" means property that is not homestead
721property.
722     5.  Effective July 1, 2008, a personal lines residential
723structure that has a dwelling replacement cost of $1 million or
724more, or a single condominium unit that has a combined dwelling
725and content replacement cost of $1 million or more is not
726eligible for coverage by the corporation. Such dwellings insured
727by the corporation on June 30, 2008, may continue to be covered
728by the corporation until the end of the policy term. However,
729such dwellings that are insured by the corporation and become
730ineligible for coverage due to the provisions of this
731subparagraph may reapply and obtain coverage in the high-risk
732account and be considered "nonhomestead property" if the
733property owner provides the corporation with a sworn affidavit
734from one or more insurance agents, on a form provided by the
735corporation, stating that the agents have made their best
736efforts to obtain coverage and that the property has been
737rejected for coverage by at least one authorized insurer and at
738least three surplus lines insurers. If such conditions are met,
739the dwelling may be insured by the corporation for up to 3
740years, after which time the dwelling is ineligible for coverage.
741The office shall approve the method used by the corporation for
742valuing the dwelling replacement cost for the purposes of this
743subparagraph. If a policyholder is insured by the corporation
744prior to being determined to be ineligible pursuant to this
745subparagraph and such policyholder files a lawsuit challenging
746the determination, the policyholder may remain insured by the
747corporation until the conclusion of the litigation.
748     6.  For properties constructed on or after January 1, 2009,
749the corporation may not insure any property located within 2,500
750feet landward of the coastal construction control line created
751pursuant to s. 161.053 unless the property meets the
752requirements of the code-plus building standards developed by
753the Florida Building Commission.
754     7.  It is the intent of the Legislature that policyholders,
755applicants, and agents of the corporation receive service and
756treatment of the highest possible level but never less than that
757generally provided in the voluntary market. It also is intended
758that the corporation be held to service standards no less than
759those applied to insurers in the voluntary market by the office
760with respect to responsiveness, timeliness, customer courtesy,
761and overall dealings with policyholders, applicants, or agents
762of the corporation.
763     8.  Effective January 1, 2009, a personal lines residential
764structure that is located in the "wind-borne debris region," as
765defined in s. 1609.2, International Building Code (2006), and
766that has an insured value on the structure of $750,000 or more
767is not eligible for coverage by the corporation unless the
768structure has opening protections as required under the Florida
769Building Code for a newly constructed residential structure in
770that area. A residential structure shall be deemed to comply
771with the requirements of this subparagraph if it has shutters or
772opening protections on all openings and if such opening
773protections complied with the Florida Building Code at the time
774they were installed.
775     Section 7.  From the funds appropriated to the My Safe
776Florida Home Program by section 42 of chapter 2006-12, Laws of
777Florida, the Department of Financial Services shall transfer $1
778million from the Insurance Regulatory Trust Fund to the Energy
779Consumption Trust Fund within the Department of Community
780Affairs for the purpose of funding the Low-income Emergency Home
781Repair Program under s. 420.36, Florida Statutes.
782Notwithstanding s. 420.36(3)(b), Florida Statutes,
783administrative expenses of the program may not exceed 5 percent
784of the total funds appropriated by this section.
785     Section 8.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.