Florida Senate - 2026 CS for SB 1706
By the Committee on Appropriations; and Senator Pizzo
576-03008-26 20261706c1
1 A bill to be entitled
2 An act relating to the My Safe Florida Condominium
3 Pilot Program; amending s. 215.55871, F.S.; defining
4 the term “area median income”; deleting the definition
5 of the term “service area”; revising definitions;
6 revising eligibility requirements for participation in
7 the My Safe Florida Condominium Pilot Program;
8 requiring the Department of Financial Services to
9 adopt rules to verify household income; authorizing
10 the department to require periodic recertification;
11 specifying that condominium property with mixed-income
12 occupancies is eligible to participate in the pilot
13 program under certain circumstances; authorizing
14 financial grants to be used by associations for a
15 specified purpose; requiring that an application for a
16 mitigation grant include documentation to verify
17 household income; making clarifying changes; requiring
18 a hurricane mitigation inspector to verify the
19 possession of water intrusion mitigation devices;
20 limiting the award of grant funds; requiring an
21 association to complete a certain percentage of
22 opening protection improvements; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsections (1), (2), and (5) of section
28 215.55871, Florida Statutes, are amended to read:
29 215.55871 My Safe Florida Condominium Pilot Program.—There
30 is established within the Department of Financial Services the
31 My Safe Florida Condominium Pilot Program to be implemented
32 pursuant to appropriations. The department shall provide fiscal
33 accountability, contract management, and strategic leadership
34 for the pilot program, consistent with this section. This
35 section does not create an entitlement for associations or unit
36 owners or obligate the state in any way to fund the inspection
37 or retrofitting of condominiums in the state. Implementation of
38 this pilot program is subject to annual legislative
39 appropriations. It is the intent of the Legislature that the My
40 Safe Florida Condominium Pilot Program provide licensed
41 inspectors to perform inspections for and grants to eligible
42 associations as funding allows.
43 (1) DEFINITIONS.—As used in this section, the term:
44 (a) “Area median income” means the median household income,
45 as published annually by the United States Department of Housing
46 and Urban Development, for the county in which the condominium
47 property is located.
48 (b)(a) “Association” has the same meaning as in s. 718.103.
49 (c)(b) “Association property” means property, real and
50 personal, which is owned or leased by, or is dedicated by a
51 recorded plat to, an association for the use and benefit of its
52 members and is located in the service area.
53 (d)(c) “Board of administration” has the same meaning as in
54 s. 718.103.
55 (e)(d) “Condominium” has the same meaning as in s. 718.103.
56 For purposes of this section, the term does not include detached
57 units on individual parcels of land.
58 (f)(e) “Condominium property” means the lands, leaseholds,
59 and personal property that are subjected to condominium
60 ownership, whether or not contiguous, and all improvements
61 thereon and all easements and rights appurtenant thereto
62 intended for use in connection with the condominium and are
63 located in the service area.
64 (g)(f) “Department” means the Department of Financial
65 Services.
66 (h)(g) “Property” means association property and
67 condominium property, as applicable, located in the service
68 area.
69 (h) “Service area” means the area of the state which is 15
70 miles inward of a coastline, as that term is defined in s.
71 376.031.
72 (i) “Unit” has the same meaning as in s. 718.103.
73 (j) “Unit owner” has the same meaning as in s. 718.103.
74 (2) PARTICIPATION.—
75 (a) Participation in the pilot program is limited to:
76 1. Condominium associations in which the structures or
77 buildings on the condominium property were constructed before
78 January 1, 2008.
79 2. Condominium associations in which at least 80 percent of
80 the occupied units within the condominium property are owned and
81 occupied by a person or family whose household annual income is
82 at or below 80 percent of the area median income, adjusted for
83 household size, applicable to the county in which the
84 condominium is located. Eligibility must be determined using the
85 area median income published at the time an application is
86 submitted. For purposes of determining whether a condominium
87 association meets the 80 percent unit-occupied threshold:
88 a. Only occupied residential units may be counted.
89 b. Owner-occupied residential units may be counted as long
90 as the persons or families living in such residential units
91 provide income documentation to the department and the
92 department has verified that such person or family meets the
93 income requirements of this subparagraph.
94 3. Structures or buildings on the condominium property
95 which are three or more stories in height, provided that each
96 structure or building that is the subject of a mitigation grant
97 contains at least two single-family dwellings.
98 (b) The department shall adopt rules establishing
99 acceptable methods for verifying household income, including,
100 but not limited to, owner self-certification, tax returns,
101 income statements, or other documentation deemed sufficient by
102 the department. The department may require periodic
103 recertification of income eligibility to ensure compliance with
104 this section.
105 (c) A condominium property with mixed-income occupancies is
106 eligible to participate in the pilot program under this section
107 if the income threshold in subparagraph (a)2. is met.
108 (d)(b) In order to apply for an inspection under subsection
109 (4) or a grant under subsection (5) for association property or
110 condominium property, an association must receive approval by a
111 majority vote of the board of administration or a majority vote
112 of the total voting interests of the association to participate
113 in the pilot program. An association may not apply for an
114 inspection under subsection (4) or a grant under subsection (5)
115 for association property or condominium property unless the
116 association has complied with the inspection requirements in ss.
117 553.899 and 718.112(2)(g) and (h). An association may not apply
118 for a grant under sub-subparagraph (5)(e)1.a. subparagraph
119 (5)(e)1. for association property or condominium property unless
120 the windows of the association property or condominium property
121 are established as common elements in the declaration.
122 (e)(c) In order to apply for a grant under subsection (5)
123 which improves one or more units within a condominium, an
124 association must receive both of the following:
125 1. Approval by a majority vote of the board of
126 administration or a majority vote of the total voting interests
127 of the association to participate in a mitigation inspection.
128 2. Approval by at least 75 percent of all unit owners who
129 reside within the structure or building that is the subject of
130 the mitigation grant.
131 (f)(d) A unit owner may participate in the pilot program
132 through a mitigation grant awarded to the association but may
133 not participate individually in the pilot program.
134 (g)(e) The votes required under this subsection may take
135 place at the annual budget meeting of the association or at a
136 unit owner meeting called for the purpose of taking such vote.
137 Before a vote of the unit owners may be taken, the association
138 must provide to the unit owners a clear disclosure of the pilot
139 program on a form created by the department. The president and
140 the treasurer of the board of administration must sign the
141 disclosure form indicating that a copy of the form was provided
142 to each unit owner of the association. The signed disclosure
143 form and the minutes from the meeting at which the unit owners
144 voted to participate in the pilot program must be maintained as
145 part of the official records of the association. Within 14 days
146 after an affirmative vote to participate in the pilot program,
147 the association must provide written notice in the same manner
148 as required under s. 718.112(2)(d) to all unit owners of the
149 decision to participate in the pilot program.
150 (5) MITIGATION GRANTS.—Financial grants may be used by
151 associations to make improvements that recommended in a
152 hurricane mitigation inspection report which increase the
153 condominium’s resistance to hurricane damage as provided in this
154 subsection.
155 (a) An application for a mitigation grant must:
156 1. Contain a signed or electronically verified statement
157 made under penalty of perjury by the president of the board of
158 administration that the association has submitted only a single
159 application for each property that the association operates or
160 maintains.
161 2. Include a notarized statement from the president of the
162 board of administration containing the name and license number
163 of each contractor the association intends to use for the
164 mitigation project.
165 3. Include a notarized statement from the president of the
166 board of administration which commits to the department that the
167 association will complete the mitigation improvements. If the
168 grant will be used to improve units, the application must also
169 include an acknowledged statement from each unit owner who is
170 required to provide approval for a grant under paragraph (2)(e)
171 (2)(c).
172 4. Include documentation deemed sufficient by the
173 department under paragraph (2)(b) for verifying household
174 income.
175 (b) An association may select its own contractors for the
176 mitigation project as long as each contractor meets all
177 qualification, certification, or licensing requirements in
178 general law. A mitigation project must be performed by a
179 properly licensed contractor who has secured all required local
180 permits necessary for the project. The department must
181 electronically verify that the contractor’s state license number
182 is accurate and up to date before approving a grant application.
183 (c) An association awarded a grant must complete the entire
184 mitigation project in order to receive the final grant award and
185 must agree to make the property available for a final inspection
186 once the mitigation project is finished to ensure the mitigation
187 improvements are completed in a manner consistent with the
188 intent of the pilot program and meet or exceed the applicable
189 Florida Building Code requirements. Construction must be
190 completed and the association must submit a request to the
191 department for a final inspection, or request an extension of
192 time, within 1 year after receiving grant approval. If the
193 association fails to comply with this paragraph, the application
194 is deemed abandoned and the grant money reverts back to the
195 department.
196 (d) Grant projects shall be funded as follows:
197 1. All grants must be matched on the basis of $1 provided
198 by the association for $2 provided by the state toward the
199 actual cost of the project.
200 2. An association may receive grant funds for both roof
201 related and opening protection-related projects, but the maximum
202 total grant award may not exceed $175,000 per association.
203 3. The department may not accept grant applications or
204 maintain a waiting list for grants after the cumulative value of
205 the grants awarded have fully obligated the appropriation,
206 unless otherwise expressly authorized by the Legislature.
207 (e) Grant funds may only be used for the following:
208 1. water intrusion mitigation devices or Mitigation
209 improvements recommended in a hurricane mitigation inspection
210 report which that will result in a mitigation credit, discount,
211 or other rate differential for the building or structure to
212 which the improvement is such device or improvement is applied
213 or made, including. When recommended by a hurricane mitigation
214 inspection report, grants for eligible associations may be used
215 for the following improvements:
216 a.1. Opening protection improvements, including all of the
217 following:
218 (I)a. Exterior doors.
219 (II)b. Garage doors.
220 (III)c. Windows.
221 (IV)d. Skylights.
222 b.2. Roof improvements, including all of the following:
223 (I)a. Reinforcing roof-to-wall connections.
224 (II)b. Improving the strength of roof-deck attachments.
225 (III)c. Installing secondary water resistance for the roof.
226 (IV)d. Replacing the roof covering.
227 2. Water intrusion mitigation devices designed to prevent
228 wind-driven rainwater intrusion through the tracks of sliding
229 glass doors. Grant funds authorized under this subparagraph are
230 not contingent upon a recommendation in a hurricane mitigation
231 inspection report. However, a hurricane mitigation inspector
232 must verify the use of such a device.
233 (f) Except for the water intrusion mitigation devices as
234 specified in subparagraph (e)2., mitigation improvements must be
235 identified in the final hurricane mitigation inspection report
236 in order for an association to receive grant funds.
237 (g) If improvements to protect the property which that
238 complied with the current applicable building code at the time
239 have been previously installed, the association must use a
240 mitigation grant to install improvements that do both of the
241 following:
242 1. Comply with or exceed the applicable building code in
243 effect at the time the association applied for the grant.
244 2. Provide more hurricane protection than the improvements
245 that the association previously installed.
246 (h) The association may not use a mitigation grant to:
247 1. Install the same type of improvements that were
248 previously installed; or
249 2. Pay a deductible for a pending insurance claim for
250 damage that is part of the property for which grant funds are
251 being received.
252 (i) The department shall develop a process that ensures the
253 most efficient means to collect and verify inspection and grant
254 applications to determine eligibility. The department may direct
255 hurricane mitigation inspectors to collect and verify inspection
256 and grant application information or use the Internet or other
257 electronic means to collect information and determine
258 eligibility.
259 (j) Grant funds may only be awarded for a mitigation
260 improvement that addresses the common elements of the
261 condominium property that will result in a mitigation credit,
262 discount, or other rate differential for the building or
263 structure to which the improvement is made. As a condition of
264 receiving awarding a grant, the association department must
265 complete 100 percent of the opening protection improvements to
266 the common elements which were recommended in the final
267 hurricane mitigation inspection report require mitigation
268 improvements to be made to all openings, including exterior
269 doors, garage doors, windows, and skylights that are a part of
270 the common elements, if doing so is necessary for the building
271 or structure to qualify for a mitigation credit, discount, or
272 other rate differential.
273 Section 2. This act shall take effect July 1, 2026.