Florida Senate - 2024                                    SB 7028
       
       
        
       By the Committee on Banking and Insurance
       
       
       
       
       
       597-02168-24                                          20247028__
    1                        A bill to be entitled                      
    2         An act relating to the My Safe Florida Home Program;
    3         amending s. 215.5586, F.S.; revising legislative
    4         intent; specifying eligibility requirements for
    5         hurricane mitigation inspections under the program;
    6         specifying requirements for a hurricane mitigation
    7         inspection application; authorizing an applicant to
    8         submit a subsequent hurricane mitigation inspection
    9         application under certain conditions; authorizing the
   10         Department of Financial Services to request certain
   11         information; providing that an application is
   12         considered withdrawn under certain circumstances;
   13         authorizing an applicant to receive a home inspection
   14         under the program without being eligible for a grant
   15         or applying for a grant; specifying eligibility
   16         requirements for hurricane mitigation grants; revising
   17         application requirements for hurricane mitigation
   18         grants; authorizing an applicant to submit a
   19         subsequent hurricane mitigation grant application
   20         under certain conditions; authorizing the department
   21         to request certain information; providing that an
   22         application is considered withdrawn under certain
   23         circumstances; deleting and revising provisions
   24         relating to the selection of hurricane mitigation
   25         inspectors and contractors; authorizing, rather than
   26         requiring, matching fund grants to be made available
   27         to certain entities; revising the improvements for
   28         which grants may be used; requiring the department to
   29         develop a process that ensures the most efficient
   30         means to collect and verify inspection applications;
   31         requiring the department, for a specified timeframe,
   32         to prioritize applications in a specified order;
   33         revising provisions regarding the development of
   34         brochures; requiring the Citizens Property Insurance
   35         Corporation to distribute such brochures to specified
   36         persons; providing appropriations; providing an
   37         effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 215.5586, Florida Statutes, as amended
   42  by section 5 of chapter 2023-349, Laws of Florida, is amended to
   43  read:
   44         215.5586 My Safe Florida Home Program.—There is established
   45  within the Department of Financial Services the My Safe Florida
   46  Home Program. The department shall provide fiscal
   47  accountability, contract management, and strategic leadership
   48  for the program, consistent with this section. This section does
   49  not create an entitlement for property owners or obligate the
   50  state in any way to fund the inspection or retrofitting of
   51  residential property in this state. Implementation of this
   52  program is subject to annual legislative appropriations. It is
   53  the intent of the Legislature that, subject to the availability
   54  of funds, the My Safe Florida Home Program provide licensed
   55  inspectors to perform hurricane mitigation inspections of
   56  eligible homes for owners of site-built, single-family,
   57  residential properties and grants to eligible fund hurricane
   58  mitigation projects on those homes applicants. The department
   59  shall implement the program in such a manner that the total
   60  amount of funding requested by accepted applications, whether
   61  for inspections, grants, or other services or assistance, does
   62  not exceed the total amount of available funds. If, after
   63  applications are processed and approved, funds remain available,
   64  the department may accept applications up to the available
   65  amount. The program shall develop and implement a comprehensive
   66  and coordinated approach for hurricane damage mitigation
   67  pursuant to that may include the following requirements provided
   68  in this section.:
   69         (1) HURRICANE MITIGATION INSPECTIONS.—
   70         (a) To be eligible for an inspection under the program:
   71         1.A home must be a single-family, site-built, detached
   72  residential property or a townhouse as defined in s. 481.203;
   73  and
   74         2.The homeowner must have been granted a homestead
   75  exemption on the home under chapter 196.
   76         (b)1.An application for an inspection must contain a
   77  signed or electronically verified statement made under penalty
   78  of perjury that the applicant has submitted only one inspection
   79  application on the home or that the application is allowed under
   80  subparagraph 2., and must have documents attached to the
   81  application which demonstrate that the applicant meets the
   82  requirements of paragraph (a).
   83         2.An applicant may submit a subsequent hurricane
   84  mitigation inspection application for the same home only if:
   85         a.The original hurricane mitigation inspection application
   86  has been denied or withdrawn because of errors or omissions in
   87  the application;
   88         b.The original hurricane mitigation inspection application
   89  was denied or withdrawn because the home did not meet the
   90  eligibility criteria for an inspection at the time of the
   91  previous application, and the homeowner reasonably believes the
   92  home now is eligible for an inspection; or
   93         c.The program’s eligibility requirements for an inspection
   94  have changed since the original application date, and the
   95  applicant reasonably believes the home is eligible under the new
   96  requirements.
   97         3.The department may request that the applicant provide
   98  additional information if the application contains apparent
   99  errors or omissions. An application is considered withdrawn by
  100  the applicant if the department does not receive a response to
  101  its request for additional information within 60 days after the
  102  department notifies the applicant of any apparent errors or
  103  omissions.
  104         (c)An applicant meeting the requirements of this
  105  subsection may receive an inspection of a home under the program
  106  without being eligible for a grant under subsection (2) or
  107  applying for such grant.
  108         (d) Licensed inspectors are to provide home inspections of
  109  homes meeting the requirements of this subsection site-built,
  110  single-family, residential properties for which a homestead
  111  exemption has been granted, to determine what mitigation
  112  measures are needed, what insurance premium discounts may be
  113  available, and what improvements to existing residential
  114  properties are needed to reduce the property’s vulnerability to
  115  hurricane damage. An inspector may inspect a townhouse as
  116  defined in s. 481.203 to determine if opening protection
  117  mitigation as listed in subparagraph (2)(f)1. paragraph (2)(e)
  118  would provide improvements to mitigate hurricane damage.
  119         (e)(b) The department of Financial Services shall contract
  120  with wind certification entities to provide hurricane mitigation
  121  inspections. The inspections provided to homeowners, at a
  122  minimum, must include:
  123         1. A home inspection and report that summarizes the results
  124  and identifies recommended improvements a homeowner may take to
  125  mitigate hurricane damage.
  126         2. A range of cost estimates regarding the recommended
  127  mitigation improvements.
  128         3. Information regarding estimated premium discounts,
  129  correlated to the current mitigation features and the
  130  recommended mitigation improvements identified by the
  131  inspection.
  132         (f)(c) To qualify for selection by the department as a wind
  133  certification entity to provide hurricane mitigation
  134  inspections, the entity must, at a minimum, meet the following
  135  requirements:
  136         1. Use hurricane mitigation inspectors who are licensed or
  137  certified as:
  138         a. A building inspector under s. 468.607;
  139         b. A general, building, or residential contractor under s.
  140  489.111;
  141         c. A professional engineer under s. 471.015;
  142         d. A professional architect under s. 481.213; or
  143         e. A home inspector under s. 468.8314 and who have
  144  completed at least 3 hours of hurricane mitigation training
  145  approved by the Construction Industry Licensing Board, which
  146  training must include hurricane mitigation techniques,
  147  compliance with the uniform mitigation verification form, and
  148  completion of a proficiency exam.
  149         2. Use hurricane mitigation inspectors who also have
  150  undergone drug testing and a background screening. The
  151  department may conduct criminal record checks of inspectors used
  152  by wind certification entities. Inspectors must submit a set of
  153  fingerprints to the department for state and national criminal
  154  history checks and must pay the fingerprint processing fee set
  155  forth in s. 624.501. The fingerprints must be sent by the
  156  department to the Department of Law Enforcement and forwarded to
  157  the Federal Bureau of Investigation for processing. The results
  158  must be returned to the department for screening. The
  159  fingerprints must be taken by a law enforcement agency,
  160  designated examination center, or other department-approved
  161  entity.
  162         3. Provide a quality assurance program including a
  163  reinspection component.
  164         (d) An application for an inspection must contain a signed
  165  or electronically verified statement made under penalty of
  166  perjury that the applicant has submitted only a single
  167  application for that home.
  168         (e) The owner of a site-built, single-family, residential
  169  property or townhouse as defined in s. 481.203, for which a
  170  homestead exemption has been granted, may apply for and receive
  171  an inspection without also applying for a grant pursuant to
  172  subsection (2) and without meeting the requirements of paragraph
  173  (2)(a).
  174         (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be
  175  used by homeowners to encourage single-family, site-built,
  176  owner-occupied, residential property owners to make improvements
  177  recommended by an inspection which increase resistance retrofit
  178  their properties to make them less vulnerable to hurricane
  179  damage.
  180         (a) For A homeowner is to be eligible for a hurricane
  181  mitigation grant if all of, the following criteria are must be
  182  met:
  183         1. The home must be eligible for an inspection under
  184  subsection (1) The homeowner must have been granted a homestead
  185  exemption on the home under chapter 196.
  186         2. The home must be a dwelling with an insured value of
  187  $700,000 or less. Homeowners who are low-income persons, as
  188  defined in s. 420.0004(11), are exempt from this requirement.
  189         3. The home must undergo an acceptable hurricane mitigation
  190  inspection as provided in subsection (1).
  191         4. The building permit application for initial construction
  192  of the home must have been made before January 1, 2008.
  193         5. The homeowner must agree to make his or her home
  194  available for inspection once a mitigation project is completed.
  195         6.The homeowner must agree to provide to the department
  196  information received from the homeowner’s insurer identifying
  197  the discounts realized by the homeowner because of the
  198  mitigation improvements funded through the program.
  199         (b)1. An application for a grant must contain a signed or
  200  electronically verified statement made under penalty of perjury
  201  that the applicant has submitted only one grant a single
  202  application or that the application is allowed under
  203  subparagraph 2., and must have attached documents attached
  204  demonstrating the applicant meets the requirements of this
  205  paragraph (a).
  206         2.An applicant may submit a subsequent grant application
  207  if:
  208         a.The original grant application was denied or withdrawn
  209  because the application contained errors or omissions;
  210         b.The original grant application was denied or withdrawn
  211  because the home did not meet the eligibility criteria for a
  212  grant at the time of the previous application, and the homeowner
  213  reasonably believes that the home now is eligible for a grant;
  214  or
  215         c.The program’s eligibility requirements for a grant have
  216  changed since the original application date, and the applicant
  217  reasonably believes that he or she is an eligible homeowner
  218  under the new requirements.
  219         3.The department may request that the applicant provide
  220  additional information if the application contains apparent
  221  errors or omissions. An application is considered withdrawn by
  222  the applicant if the department does not receive a response to
  223  its request for additional information within 60 days after the
  224  department notifies the applicant of any apparent errors or
  225  omissions.
  226         (c)(b) All grants must be matched on the basis of $1
  227  provided by the applicant for $2 provided by the state up to a
  228  maximum state contribution of $10,000 toward the actual cost of
  229  the mitigation project, except as provided in paragraph (j).
  230         (d)(c)The program shall create a process in which
  231  contractors agree to participate and homeowners select from a
  232  list of participating contractors. All hurricane mitigation
  233  performed under the program must be based upon the securing of
  234  all required local permits and inspections and must be performed
  235  by properly licensed contractors. Hurricane mitigation
  236  inspectors qualifying for the program may also participate as
  237  mitigation contractors as long as the inspectors meet the
  238  department’s qualifications and certification requirements for
  239  mitigation contractors.
  240         (e)(d) Matching fund grants may shall also be made
  241  available to local governments and nonprofit entities for
  242  projects that will reduce hurricane damage to eligible homes
  243  single-family, site-built, owner-occupied, residential property.
  244  The department shall liberally construe those requirements in
  245  favor of availing the state of the opportunity to leverage
  246  funding for the My Safe Florida Home Program with other sources
  247  of funding.
  248         (f)(e) When recommended by a hurricane mitigation
  249  inspection, grants for eligible homes may be used for the
  250  following improvements:
  251         1. Opening protection, including exterior doors, garage
  252  doors, windows, and skylights.
  253         2. Exterior doors, including garage doors.
  254         3. Reinforcing roof-to-wall connections.
  255         3.4. Improving the strength of roof-deck attachments.
  256         4.5. Secondary water resistance barrier for roof.
  257         (g)(f) When recommended by a hurricane mitigation
  258  inspection, grants for townhouses, as defined in s. 481.203, may
  259  only be used for opening protection.
  260         (h) The department may require that improvements be made to
  261  all openings, including exterior doors, and garage doors,
  262  windows, and skylights, as a condition of reimbursing a
  263  homeowner approved for a grant. The department may adopt, by
  264  rule, the maximum grant allowances for any improvement allowable
  265  under paragraph (f) or paragraph (g) (e) or this paragraph.
  266         (i)(g) Grants may be used on a previously inspected
  267  existing structure or on a rebuild. A rebuild is defined as a
  268  site-built, single-family dwelling under construction to replace
  269  a home that was destroyed or significantly damaged by a
  270  hurricane and deemed unlivable by a regulatory authority. The
  271  homeowner must be a low-income homeowner as defined in paragraph
  272  (j) (h), must have had a homestead exemption for that home
  273  before the hurricane, and must be intending to rebuild the home
  274  as that homeowner’s homestead.
  275         (j)(h) Low-income homeowners, as defined in s.
  276  420.0004(11), who otherwise meet the applicable requirements of
  277  this subsection paragraphs (a), (c), (e), and (g) are eligible
  278  for a grant of up to $10,000 and are not required to provide a
  279  matching amount to receive the grant. The program may accept a
  280  certification directly from a low-income homeowner that the
  281  homeowner meets the requirements of s. 420.0004(11) if the
  282  homeowner provides such certification in a signed or
  283  electronically verified statement made under penalty of perjury.
  284         (k)1.(i) The department shall develop a process that
  285  ensures the most efficient means to collect and verify
  286  inspection applications and grant applications to determine
  287  eligibility. The department and may direct hurricane mitigation
  288  inspectors to collect and verify grant application information
  289  or use the Internet or other electronic means to collect
  290  information and determine eligibility.
  291         2.The department, for the first 60 days it accepts
  292  inspection applications and grant applications after any
  293  legislative appropriation funding inspections and grants, must
  294  prioritize the review and approval of such applications in the
  295  following order:
  296         a.First, applications from low-income persons, as defined
  297  in s. 420.0004, who are at least 60 years old;
  298         b.Second, applications from all other low-income persons,
  299  as defined in s. 420.0004;
  300         c.Third, applications from moderate-income persons, as
  301  defined in s. 420.0004, who are at least 60 years old;
  302         d.Fourth, applications from all other moderate-income
  303  persons, as defined in s. 420.0004; and
  304         e.Last, all other applications.
  305         3.The program may accept a certification directly from a
  306  low-income homeowner or moderate-income homeowner who meets the
  307  requirements of s. 420.0004(11) or s. 420.0004(12) if the
  308  homeowner provides such certification in a signed or
  309  electronically verified statement made under penalty of perjury.
  310         (3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH.—
  311         (a) The department may undertake a statewide multimedia
  312  public outreach and advertising campaign to inform consumers of
  313  the availability and benefits of hurricane inspections and of
  314  the safety and financial benefits of residential hurricane
  315  damage mitigation. The department may seek out and use local,
  316  state, federal, and private funds to support the campaign.
  317         (b) The program may develop brochures for distribution to
  318  Citizens Property Insurance Corporation and other licensed
  319  entities or nonprofits that work with the department to educate
  320  the public on the benefits of the program, general contractors,
  321  roofing contractors, and real estate brokers and sales
  322  associates who are licensed under part I of chapter 475 which
  323  provide information on the benefits to homeowners of residential
  324  hurricane damage mitigation. Citizens Property Insurance
  325  Corporation must is encouraged to distribute the brochure to
  326  policyholders of the corporation each year the program is
  327  funded. Contractors are encouraged to distribute the brochures
  328  to homeowners at the first meeting with a homeowner who is
  329  considering contracting for home or roof repair or contracting
  330  for the construction of a new home. Real estate brokers and
  331  sales associates are encouraged to distribute the brochure to
  332  clients before the purchase of a home. The brochures may be made
  333  available electronically.
  334         (4) FUNDING.—The department may seek out and leverage
  335  local, state, federal, or private funds to enhance the financial
  336  resources of the program.
  337         (5) RULES.—The department of Financial Services shall adopt
  338  rules pursuant to ss. 120.536(1) and 120.54 to govern the
  339  program; implement the provisions of this section; including
  340  rules governing hurricane mitigation inspections and grants,
  341  mitigation contractors, and training of inspectors and
  342  contractors; and carry out the duties of the department under
  343  this section.
  344         (6) HURRICANE MITIGATION INSPECTOR LIST.—The department
  345  shall develop and maintain as a public record a current list of
  346  hurricane mitigation inspectors authorized to conduct hurricane
  347  mitigation inspections pursuant to this section.
  348         (7) CONTRACT MANAGEMENT.—
  349         (a) The department may contract with third parties for
  350  grants management, inspection services, contractor services for
  351  low-income homeowners, information technology, educational
  352  outreach, and auditing services. Such contracts are considered
  353  direct costs of the program and are not subject to
  354  administrative cost limits. The department shall contract with
  355  providers that have a demonstrated record of successful business
  356  operations in areas directly related to the services to be
  357  provided and shall ensure the highest accountability for use of
  358  state funds, consistent with this section.
  359         (b) The department shall implement a quality assurance and
  360  reinspection program that determines whether initial inspections
  361  and home improvements are completed in a manner consistent with
  362  the intent of the program. The department may use valid random
  363  sampling in order to perform the quality assurance portion of
  364  the program.
  365         (8) INTENT.—It is the intent of the Legislature that grants
  366  made to residential property owners under this section shall be
  367  considered disaster-relief assistance within the meaning of s.
  368  139 of the Internal Revenue Code of 1986, as amended.
  369         (9) REPORTS.—The department shall make an annual report on
  370  the activities of the program that shall account for the use of
  371  state funds and indicate the number of inspections requested,
  372  the number of inspections performed, the number of grant
  373  applications received, the number and value of grants approved,
  374  and the estimated average annual amount of insurance premium
  375  discounts and total estimated annual amount of insurance premium
  376  discounts homeowners received from insurers as a result of
  377  mitigation funded through the program. The report must be
  378  delivered to the President of the Senate and the Speaker of the
  379  House of Representatives by February 1 of each year.
  380         Section 2. (1)For the 2024-2025 fiscal year, the sum of
  381  $100 million in nonrecurring funds is appropriated from the
  382  General Revenue Fund to the Department of Financial Services to
  383  provide mitigation grants pursuant to s. 215.5586(2), Florida
  384  Statutes, under the My Safe Florida Home Program. The department
  385  may not continue to accept applications or to create a waiting
  386  list in anticipation of additional funding unless the
  387  Legislature provides express authority to implement such
  388  actions.
  389         (2)For the 2024-2025 fiscal year, the sum of $7 million in
  390  nonrecurring funds is appropriated from the General Revenue Fund
  391  to the Department of Financial Services for administrative costs
  392  related to implementation of mitigation grants pursuant to s.
  393  215.5586(2), Florida Statutes, under the My Safe Florida Home
  394  Program.
  395         Section 3. This act shall take effect July 1, 2024.