Proposed Committee Substitute by the Committee on Banking and

Insurance

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A bill to be entitled

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An act relating to the My Safe Florida Home Program;

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amending s. 215.5586, F.S.; requiring that wind

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certification entities meet certain minimum criteria to

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qualify for selection by the Department of Financial

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Services; deleting a provision requiring hurricane

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mitigation inspectors participating in the program to

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meet the requirements for a criminal record check by a

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specified date; authorizing the department to require

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that improvements be made to all openings of a

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structure, including exterior doors and garage doors,

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as a condition of reimbursing a homeowner for a grant;

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authorizing the department to contract with third

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parties for contractor services and technology;

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amending s. 627.711, F.S.; requiring insurers to accept

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as valid certain uniform inspection forms; providing an

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effective date.

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

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     Section 1.  Subsection (1), paragraph (e) of subsection (2),

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and subsection (10) of section 215.5586, Florida Statutes, are

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amended to read:

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     215.5586  My Safe Florida Home Program.--There is

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established within the Department of Financial Services the My

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Safe Florida Home Program. The department shall provide fiscal

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accountability, contract management, and strategic leadership for

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the program, consistent with this section. This section does not

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create an entitlement for property owners or obligate the state

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in any way to fund the inspection or retrofitting of residential

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property in this state. Implementation of this program is subject

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to annual legislative appropriations. It is the intent of the

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Legislature that the My Safe Florida Home Program provide

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inspections for at least 400,000 site-built, single-family,

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residential properties and provide grants to at least 35,000

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applicants before June 30, 2009. The program shall develop and

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implement a comprehensive and coordinated approach for hurricane

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damage mitigation that shall include the following:

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     (1)  HURRICANE MITIGATION INSPECTIONS.--

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

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family, residential property shall be offered throughout the

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state to determine what mitigation measures are needed, what

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insurance premium discounts may be available, and what

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improvements to existing residential properties are needed to

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reduce the property's vulnerability to hurricane damage. The

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Department of Financial Services shall contract with wind

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certification entities to provide free hurricane mitigation

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inspections. The inspections provided to homeowners, at a

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minimum, must include:

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     1.  A home inspection and report that summarizes the results

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and identifies recommended improvements a homeowner may take to

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mitigate hurricane damage.

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     2.  A range of cost estimates regarding the recommended

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mitigation improvements.

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     3.  Insurer-specific information regarding premium discounts

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correlated to the current mitigation features and the recommended

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mitigation improvements identified by the inspection.

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     4.  A hurricane resistance rating scale specifying the

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home's current as well as projected wind resistance capabilities.

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As soon as practical, the rating scale must be the uniform home

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grading scale adopted by the Financial Services Commission

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pursuant to s. 215.55865.

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

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certification entity to provide hurricane mitigation inspections,

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the entity shall, at a minimum:

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     1.  Use hurricane mitigation inspectors who:

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     a. Are certified as building inspectors under s. 468.607;

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     b. Are licensed as a general or residential contractor

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under s. 489.111;

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     c. Are licensed as a professional engineer under s. 471.015

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and who have passed the appropriate equivalency test of the

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Building Code Training Program as required by s. 553.841; or

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     d. Are licensed as a professional architect under s.

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481.213.

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     2. Use hurricane mitigation inspectors who:

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     a. Have at least 2 years of prior experience in residential

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construction or residential building inspection and have received

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specialized training in hurricane mitigation procedures. Such

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training may be provided by a class offered online or in person;.

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     b.  Have undergone drug testing and level 2 background

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

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conduct criminal record checks of inspectors used by wind

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certification entities. Inspectors must submit a set of the

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fingerprints to the department for state and national criminal

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history checks and must pay the fingerprint processing fee set

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

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department to the Department of Law Enforcement and forwarded to

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the Federal Bureau of Investigation for processing. The results

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shall be returned to the department for screening. The

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fingerprints shall be taken by a law enforcement agency,

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designated examination center, or other department-approved

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entity; and. Hurricane mitigation inspectors participating in the

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program on January 25, 2007, shall have until June 1, 2007, to

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meet the requirements for a criminal record check.

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

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department, to conduct the inspections.

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     3.2. Provide a quality assurance program including a

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reinspection component.

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     (c) The department shall implement a quality assurance

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program that includes a statistically valid number of

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reinspections.

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     (d)(c) An application for an inspection must contain a

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signed or electronically verified statement made under penalty of

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perjury that the applicant has submitted only a single

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application for that home.

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     (e)(d) The owner of a site-built, single-family,

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residential property may apply for and receive an inspection

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

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

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

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

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property owners to retrofit their properties to make them less

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vulnerable to hurricane damage.

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     (e)  When recommended by a hurricane mitigation inspection,

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grants may be used for the following improvements only:

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     1.  Opening protection.

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     2.  Exterior doors, including garage doors.

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     3.  Brace gable ends.

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The department may require that improvements be made to all

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openings, including exterior doors and garage doors, as a

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condition of reimbursing a homeowner approved approving an

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application for a grant if the department determines that

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improvements to less than all openings would not substantially

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improve the structure's ability to withstand hurricane damage.

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

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third parties for grants management, inspection services,

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contractor services for low-income homeowners, information

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technology, educational outreach, and auditing services. Such

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contracts shall be considered direct costs of the program and

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shall not be subject to administrative cost limits, but contracts

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valued at $500,000 or more shall be subject to review and

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approval by the Legislative Budget Commission. The department

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shall contract with providers that have a demonstrated record of

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successful business operations in areas directly related to the

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services to be provided and shall ensure the highest

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accountability for use of state funds, consistent with this

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section.

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     Section 2.  Subsection (2) of section 627.711, Florida

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Statutes, is amended to read:

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     627.711  Notice of premium discounts for hurricane loss

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mitigation; uniform mitigation verification inspection form.--

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     (2)  By July 1, 2007, the Financial Services Commission

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shall develop by rule a uniform mitigation verification

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inspection form that shall be used by all insurers when factoring

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discounts for wind insurance. In developing the form, the

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commission shall seek input from insurance, construction, and

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building code representatives. Further, the commission shall

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provide guidance as to the length of time the inspection results

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are valid. An insurer shall accept as valid a uniform mitigation

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verification form signed by an approved My Safe Florida Home wind

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inspector or certified by the Department of Financial Services.

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     Section 3.  This act shall take effect July 1, 2008.