Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1366
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/22/2024           .                                

       The Committee on Appropriations (DiCeglie) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 67 - 295
    4  and insert:
    5         (b)“Board of administration” has the same meaning as in s.
    6  718.103.
    7         (c)“Condominium” has the same meaning as in s. 718.103.
    8         (d)“Condominium parcel” has the same meaning as s.
    9  718.103.
   10         (e)“Department” means the Department of Financial
   11  Services.
   12         (f)“Property” means the parcel or parcels whose owners
   13  have applied to participate in the program.
   14         (g)“Service area” means the area of this state within 15
   15  miles inward of a coastline as defined in s. 376.031.
   16         (h)“Unit” has the same meaning as in s. 718.103.
   17         (i)“Unit owner” has the same meaning as in s. 718.103.
   18         (j)“Voting interests” has the same meaning as s. 718.103.
   19         (2)PARTICIPATION.—Only the owners of condominium parcels
   20  within the service area and that are 3 stories or less are
   21  eligible to participate in the pilot program.
   22         (a)In order to apply for an inspection of condominium
   23  parcels under subsection (4), an association must receive
   24  approval by a majority vote of the board of administration or a
   25  majority vote of the total voting interests of the association
   26  to participate in the pilot program. The president of the
   27  association may submit an inspection application for the
   28  condominium parcels participating in the pilot program.
   29         (b)In order to apply for a grant under subsection (5)
   30  which improves one or more units within a condominium parcel, an
   31  association must receive both of the following:
   32         1.Approval by a majority vote of the board of
   33  administration or a majority vote of the total voting interests
   34  of the association to participate in a mitigation grant.
   35         2.A unanimous vote of all unit owners within the structure
   36  or building that is the subject of the mitigation grant.
   37         (c)The president of the association shall submit a grant
   38  application for the condominium parcels participating in the
   39  pilot program. A unit owner may participate in the pilot program
   40  through a mitigation grant awarded to the association but may
   41  not participate individually in the pilot program.
   42         (d)The votes required under this subsection may take place
   43  at the annual budget meeting of the association or at a unit
   44  owner meeting called for the purpose of taking such vote. Before
   45  a vote of the unit owners may be taken, the association must
   46  provide to the unit owners a clear disclosure of the pilot
   47  program on a form created by the department. The president and
   48  the treasurer of the board of administration must sign the
   49  disclosure form indicating that a copy of the form was provided
   50  to each unit owner of the association. The signed disclosure
   51  form and the minutes from the meeting at which the unit owners
   52  voted to participate in the pilot program must be maintained as
   53  part of the official records of the association. Within 14 days
   54  after an affirmative vote to participate in the pilot program,
   55  the association must provide written notice in the same manner
   56  as required under s. 718.112(2)(d) to all unit owners of the
   57  decision to participate in the pilot program.
   59         (a)Licensed inspectors must be used to provide inspections
   60  of the property to determine the mitigation measures that are
   61  needed, the insurance premium discounts that may be available to
   62  the association, and the improvements to existing properties of
   63  the association that are needed to reduce a property’s
   64  vulnerability to hurricane damage.
   65         (b)The department shall contract with wind certification
   66  entities to provide hurricane mitigation inspections. To qualify
   67  for selection by the department as a wind certification entity
   68  to provide hurricane mitigation inspections, the entity must, at
   69  a minimum, meet all of the following requirements:
   70         1.Use hurricane mitigation inspectors who are licensed or
   71  certified as:
   72         a.A building inspector under s. 468.607;
   73         b.A general, building, or residential contractor under s.
   74  489.111;
   75         c.A professional engineer under s. 471.015;
   76         d.A professional architect under s. 481.213; or
   77         e.A home inspector under s. 468.8314 who has completed at
   78  least 3 hours of hurricane mitigation training approved by the
   79  Construction Industry Licensing Board, which must include
   80  hurricane mitigation techniques, compliance with the uniform
   81  mitigation verification form, and completion of a proficiency
   82  exam.
   83         2.Use hurricane mitigation inspectors who have undergone
   84  drug testing and a background screening. The department may
   85  conduct criminal record checks of inspectors used by wind
   86  certification entities. Inspectors must submit a full set of
   87  fingerprints to the department or to a vendor, an entity, or an
   88  agency authorized by s. 943.053(13). The department, vendor,
   89  entity, or agency shall forward the fingerprints to the
   90  Department of Law Enforcement for state processing, and the
   91  Department of Law Enforcement shall forward the fingerprints to
   92  the Federal Bureau of Investigation for national processing.
   93  Fees for state and federal fingerprint processing shall be paid
   94  by the applicant. The state cost for fingerprint processing
   95  shall be as provided in s. 943.053(3)(e). The results must be
   96  returned to the department for screening. The fingerprints must
   97  be taken by a law enforcement agency, designated examination
   98  center, or other department-approved entity.
   99         3.Provide a quality assurance program, including a
  100  reinspection component.
  102         (a)The inspections provided to an association under this
  103  section must, at a minimum, include all of the following:
  104         1.An inspection of the property, and a report that
  105  summarizes the results and identifies recommended improvements
  106  the association may take to mitigate hurricane damage.
  107         2.A range of cost estimates regarding the recommended
  108  mitigation improvements.
  109         3.Information regarding estimated insurance premium
  110  discounts, correlated to the current mitigation features and the
  111  recommended mitigation improvements identified by the
  112  inspection.
  113         (b)An application for an inspection must contain a signed
  114  or electronically verified statement made under penalty of
  115  perjury by the president of the board of administration that the
  116  association has submitted only a single application for each
  117  property that the association operates or maintains.
  118         (c)An association may apply for and receive an inspection
  119  without also applying for a grant under subsection (5).
  120         (5)MITIGATION GRANTS.—Grants must be used by associations
  121  to make improvements recommended by an inspection which increase
  122  the condominium parcel’s resistance to hurricane damage.
  123         (a)An application for a mitigation grant must:
  124         1.Contain a signed or electronically verified statement
  125  made under penalty of perjury by the president of the board of
  126  administration that the association has submitted only a single
  127  application for each condominium parcel that the association
  128  operates or maintains.
  129         2.Include a notarized statement from the president of the
  130  board of administration containing the name and license number
  131  of each contractor the association intends to use for the
  132  mitigation project.
  133         3.Include a notarized statement from the president of the
  134  board of administration which commits to the department that the
  135  association will complete the mitigation improvements. If the
  136  grant will be used to improve units, the application must also
  137  include an acknowledged statement from each unit owner who is
  138  required to provide approval for a grant under paragraph (2)(b).
  139         (b)An association may select its own contractors for the
  140  mitigation project as long as each contractor meets all
  141  qualification, certification, or licensing requirements in
  142  general law. A mitigation project must be performed by a
  143  properly licensed contractor who has secured all required local
  144  permits necessary for the project. The department must
  145  electronically verify that the contractor’s state license number
  146  is accurate and up to date before approving a grant application.
  147         (c)An association awarded a grant must complete the entire
  148  mitigation project in order to receive the final grant award and
  149  must agree to make the property available for a final inspection
  150  once the mitigation project is finished to ensure the mitigation
  151  improvements are completed in a matter consistent with the
  152  intent of the pilot program and meet or exceed the applicable
  153  Florida Building Code requirements. Construction must be
  154  completed and the association must submit a request to the
  155  department for a final inspection, or request an extension of
  156  time, within 1 year after receiving grant approval. If the
  157  association fails to comply with this paragraph, the application
  158  is deemed abandoned and the grant money reverts back to the
  159  department.
  160         (d)All grants must be matched on the basis of $1 provided
  161  by the association for $2 provided by the state up to a maximum
  162  contribution as provided in the General Appropriations Act.
  163         (e)When recommended by a hurricane mitigation inspection
  164  report, grants for eligible associations may be used for the
  165  following improvements:
  166         1.Opening protection, including exterior doors, garage
  167  doors, windows, and skylights.
  168         2.Reinforcing roof-to-wall connections.
  169         3.Improving the strength of roof-deck attachments.
  170         4.Secondary water barrier for roofs.
  171         (f)1.If improvements to protect the property which
  172  complied with the current applicable building code at the time
  173  have been previously installed, the association must use a
  174  mitigation grant to install improvements that do both of the
  175  following:
  176         a.Comply with or exceed the applicable building code in
  177  effect at the time the association applied for the grant.
  178         b.Provide more hurricane protection than the improvements
  179  that the association previously installed.
  180         2.The association may not use a mitigation grant to:
  181         a.Install the same type of improvements that were
  182  previously installed; or
  183         b.Pay a deductible for a pending insurance claim for
  184  damage that is part of the property for which grant funds are
  185  being received.
  186         (g)The department shall develop a process that ensures the
  187  most efficient means to collect and verify inspection and grant
  188  applications to determine eligibility. The department may direct
  189  hurricane mitigation inspectors to collect and verify inspection
  190  and grant application information or use the Internet or other
  191  electronic means to collect information and determine
  192  eligibility.
  193         (6)CONTRACT MANAGEMENT.—
  194         (a)The department may contract with third parties for
  195  grant management, inspection services, contractor services,
  196  information technology, educational outreach, and auditing
  197  services. Such contracts are considered direct costs of the
  198  pilot program and are not subject to administrative cost limits.
  199  The department shall contract with providers that have a
  200  demonstrated record of successful business operations in areas
  201  directly related to the services to be provided and shall ensure
  202  the highest accountability for use of state funds, consistent
  203  with this section.
  204         (b)The department shall implement a quality assurance and
  205  reinspection program that determines whether initial inspections
  206  and mitigation improvements are completed in a manner consistent
  207  with the intent of the pilot program. The department may use a
  208  valid random sampling in order to perform the quality assurance
  209  portion of the pilot program.
  210         (7)REPORTS.—By February 1 of each year, the department
  211  shall submit a report to the President of the Senate and the
  212  Speaker of the House of Representatives on the activities of the
  213  pilot program and the use of state funds. The report must
  214  include all of the following information:
  215         (a)The number of inspections requested.
  216         (b)The number of inspections performed.
  217         (c)The number of grant applications received.
  218         (d)The number of grants approved and the monetary value of
  219  each grant.
  220         (e)The estimated average annual amount of insurance
  221  premium discounts each association received and the total
  222  estimated annual amount of insurance premium discounts received
  223  by all associations participating in the pilot program.
  224         (f)The estimated average annual amount of insurance
  225  premium discounts each unit owner received as a result of the
  226  improvements to the building or structure.
  227         (8)REQUESTS FOR INFORMATION.—The department may request
  228  that an applicant provide additional information. An application
  229  is deemed withdrawn by the applicant if the department does not
  230  receive a response to its request for additional information
  231  within 60 days after the applicant is notified of any apparent
  232  error or omission.
  233         (9)RULES.—The department shall adopt rules pursuant to ss.
  234  120.536(1) and 120.54 to govern the program, implement this
  235  section, and carry out the duties of the department under this
  236  section.
  238  ================= T I T L E  A M E N D M E N T ================
  239  And the title is amended as follows:
  240         Delete lines 7 - 45
  241  and insert:
  242         providing that the unit owners of certain condominium
  243         parcels are eligible to participate in the pilot
  244         program; providing requirements for associations to
  245         apply for a certain inspection; authorizing the
  246         president of the association to submit an inspection
  247         application; providing requirements for associations
  248         to apply for a certain grant; requiring the president
  249         of the association to submit a grant application;
  250         authorizing a unit owner to participate in the pilot
  251         program under certain circumstances; providing voting
  252         requirements; requiring that licensed inspectors be
  253         used for a specified purpose; requiring the department
  254         to contract with specified entities for certain
  255         inspections; providing requirements for such entities;
  256         authorizing the department to conduct criminal record
  257         checks of certain inspectors; requiring inspectors to
  258         submit fingerprints and processing fees to the
  259         department; providing requirements for hurricane
  260         mitigation inspectors and inspections; requiring that
  261         applications for inspections and grants include
  262         specified statements; authorizing an association to
  263         receive an inspection without applying for a
  264         mitigation grant; providing mitigation grants for a
  265         specified purpose; providing requirements for an
  266         association receiving a mitigation grant; authorizing
  267         an association to select its own contractors if each
  268         contractor meets certain requirements; requiring the
  269         department to electronically verify a contractor’s
  270         state license; requiring the association to complete
  271         construction to receive the final grant award;
  272         requiring the association to make the property
  273         available for final inspection once the project is
  274         completed; requiring that such construction be
  275         completed and that the association submit a request
  276         for a final inspection within a specified timeframe;
  277         requiring that mitigation grants be matched by the
  278         association; providing a maximum state contribution
  279         based on the General Appropriations Act; providing
  280         requirements for mitigation projects; providing the
  281         manner in which mitigation grants may be used;
  282         requiring the department to develop a specified
  283         process that ensures the most efficient means to
  284         collect and verify inspection and grant applications;
  285         authorizing the department to direct hurricane
  286         mitigation inspectors to collect and verify certain
  287         information; authorizing the department to contract
  288         for certain services; providing requirements for such
  289         contracts; requiring the department to implement a
  290         quality assurance and reinspection program; requiring
  291         the department to submit to the Legislature an annual
  292         report containing specified information; authorizing
  293         the department to request additional information from
  294         an applicant; providing that an application is deemed
  295         withdrawn under certain circumstances; requiring the
  296         department to adopt rules; providing an effective
  297         date.