Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1366
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                

       The Committee on Banking and Insurance (DiCeglie) recommended
       the following:
    1         Senate Amendment 
    3         Delete lines 67 - 150
    4  and insert:
    5         (b)“Association property” means property, whether real or
    6  personal, which is owned or leased by, or dedicated by a
    7  recorded plat to, the association for the use and benefit of its
    8  members and which is located in the service area.
    9         (c)“Board of administration” has the same meaning as in s.
   10  718.103.
   11         (d)“Condominium” has the same meaning as in s. 718.103.
   12         (e)“Condominium property” means the lands, leaseholds, and
   13  personal property that are subject to condominium ownership,
   14  whether or not contiguous, and all improvements thereon and all
   15  easements and rights appurtenant thereto intended for use in
   16  connection with the condominium and that are located in the
   17  service area.
   18         (f)“Department” means the Department of Financial
   19  Services.
   20         (g)“Property” means association property and condominium
   21  property, as applicable, located in the service area.
   22         (h)“Rebuild” means property under construction to replace
   23  a structure that was destroyed or significantly damaged by a
   24  hurricane and deemed unlivable by a regulatory authority.
   25         (i)“Service area” means the area of the state within 15
   26  miles inward of a coastline as defined in s. 376.031.
   27         (j)“Unit” has the same meaning as in s. 718.103.
   28         (k)“Unit owner” has the same meaning as in s. 718.103.
   29         (2)PARTICIPATION.—
   30         (a)In order to apply for an inspection under subsection
   31  (4) or a grant under subsection (5) for association property or
   32  condominium property, an association must receive approval by a
   33  majority vote of the board of administration or a majority vote
   34  of the total voting interests of the association to participate
   35  in the pilot program.
   36         (b)In order to apply for a grant under subsection (5)
   37  which improves one or more units within a condominium, an
   38  association must receive both of the following:
   39         1.Approval by a majority vote of the board of
   40  administration or a majority vote of the total voting interests
   41  of the association to participate in a mitigation inspection.
   42         2.A unanimous vote of all unit owners within the structure
   43  or building that is the subject of the mitigation grant.
   44         (c)A unit owner may participate in the pilot program
   45  through a mitigation grant awarded to the association but may
   46  not participate individually in the pilot program.
   47         (d)The votes required under this subsection may take place
   48  at the annual budget meeting of the association or at a unit
   49  owner meeting called for the purpose of taking such vote. Before
   50  a vote of the unit owners may be taken, the association must
   51  provide to the unit owners a clear disclosure of the pilot
   52  program on a form created by the department. The president and
   53  the treasurer of the board of administration must sign the
   54  disclosure form indicating that a copy of the form was provided
   55  to each unit owner of the association. The signed disclosure
   56  form and the minutes from the meeting at which the unit owners
   57  voted to participate in the pilot program must be maintained as
   58  part of the official records of the association. Within 14 days
   59  after an affirmative vote to participate in the pilot program,
   60  the association must provide written notice in the same manner
   61  as required under s. 718.112(2)(d) to all unit owners of the
   62  decision to participate in the pilot program.
   64         (a)Licensed inspectors must be used to provide inspections
   65  of the property to determine the mitigation measures that are
   66  needed, the insurance premium discounts that may be available to
   67  the association, and the improvements to existing properties of
   68  the association that are needed to reduce a property’s
   69  vulnerability to hurricane damage.
   70         (b)The department shall contract with wind certification
   71  entities to provide hurricane mitigation inspections. To qualify
   72  for selection by the department as a wind certification entity
   73  to provide hurricane mitigation inspections, the entity must, at
   74  a minimum, meet all of the following requirements:
   75         1.Use hurricane mitigation inspectors who are licensed or
   76  certified as:
   77         a.A building inspector under s. 468.607;
   78         b.A general, building, or residential contractor under s.
   79  489.111;
   80         c.A professional engineer under s. 471.015;
   81         d.A professional architect under s. 481.213; or
   82         e.A home inspector under s. 468.8314 who has completed at
   83  least 3 hours of hurricane mitigation training approved by the
   84  Construction Industry Licensing Board, which must include
   85  hurricane mitigation techniques, compliance with the uniform
   86  mitigation verification form, and completion of a proficiency
   87  exam.
   88         2.Use hurricane mitigation inspectors who have undergone
   89  drug testing and a background screening. The department may
   90  conduct criminal record checks of inspectors used by wind
   91  certification entities. Inspectors must submit a full set of
   92  fingerprints to the department or to a vendor, an entity, or an
   93  agency authorized by s. 943.053(13). The department, vendor,
   94  entity, or agency shall forward the fingerprints to the
   95  Department of Law Enforcement for state processing, and the
   96  Department of Law Enforcement shall forward the fingerprints to
   97  the Federal Bureau of Investigation for national processing.
   98  Fees for state and federal fingerprint processing shall be paid
   99  by the applicant. The state cost for fingerprint processing
  100  shall be as provided in s. 943.053(3)(e). The results