Amendment
Bill No. 7225
Amendment No. 219395
CHAMBER ACTION
Senate House
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1Representative(s) Sands offered the following:
2
3     Amendment to Amendment (074037) (with title amendment)
4Remove line(s) 5-4305 and insert:
5     Section 1.  Section 215.558, Florida Statutes, is created
6to read:
7     215.558  Florida Hurricane Damage Prevention Endowment.--
8     (1)  PURPOSE AND INTENT.--The purpose of this section is to
9provide a continuing source of funding for financial incentives
10to encourage residential property owners of this state to
11retrofit their properties to make them less vulnerable to
12hurricane damage, to help decrease the cost of residential
13property and casualty insurance, and to provide matching funds
14to local governments and nonprofit entities for projects that
15will reduce hurricane damage to residential properties. It is
16the intent of the Legislature that this section be construed
17liberally to effectuate its purpose.
18     (2)  DEFINITIONS.--As used in this section:
19     (a)  "Board" means the State Board of Administration.
20     (b)  "Corpus" means the money that has been appropriated to
21the endowment by the 2006 Legislature, together with any amounts
22subsequently appropriated to the endowment that are specifically
23designated as contributions to the corpus and any grants, gifts,
24or donations to the endowment that are specifically designated
25as contributions to the corpus.
26     (c)  "Earnings" means any money in the endowment in excess
27of the corpus, including any income generated by investments,
28any increase in the market value of investments net of decreases
29in market value, and any appropriations, grants, gifts, or
30donations to the endowment not specifically designated as
31contributions to the corpus.
32     (d)  "Endowment" means the Florida Hurricane Damage
33Prevention Endowment created by this section.
34     (e)  "Program administrator" means the Department of
35Financial Services.
36     (3)  ADMINISTRATION.--
37     (a)  The board shall invest endowment assets as provided in
38this section.
39     (b)  The board may invest and reinvest funds of the
40endowment in accordance with s. 215.47 and consistent with board
41policy.
42     (c)  The investment objective shall be long-term
43preservation of the value of the corpus and a specified regular
44annual cash outflow for appropriation, as nonrecurring revenue,
45for the purposes specified in subsection (4).
46     (d)  In accordance with s. 215.44, the board shall report
47on the financial status of the endowment in its annual
48investment report to the Legislature.
49     (e)  Costs and fees of the board for investment services
50shall be deducted from the assets of the endowment.
51     (4)  FINANCIAL INCENTIVES FOR RESIDENTIAL HURRICANE DAMAGE
52PREVENTION ACTIVITIES.--
53     (a)  Not less than 80 percent of the net earnings of the
54endowment shall be expended for financial incentives to
55residential property owners as described in paragraph (b), and
56no more than the remainder of the net earnings of the endowment
57shall be expended for matching fund grants to local governments
58and nonprofit entities for projects that will reduce hurricane
59damage to residential properties as described in paragraph (c).
60Any funds authorized for expenditure but not expended for these
61purposes shall be returned to the endowment.
62     (b)1.  The program administrator, by rule, shall establish
63a request for a proposal process to annually solicit proposals
64from lending institutions under which the lending institution
65will provide interest-free loans to homestead property owners to
66pay for inspections of homestead property to determine what
67mitigation measures are needed and for improvements to existing
68residential properties intended to reduce the homestead
69property's vulnerability to hurricane damage, in exchange for
70funding from the endowment.
71     2.  In order to qualify for funding under this paragraph,
72an interest-free loan program must include an inspection of
73homestead property to determine what mitigation measures are
74needed, a means for verifying that the improvements to be paid
75for from loan proceeds have been demonstrated to reduce a
76homestead property's vulnerability to hurricane damage, and a
77means for verifying that the proceeds were actually spent on
78such improvements. The program must include a method for
79awarding loans according to the following priorities:
80     a.  The highest priority must be given to single-family
81owner-occupied homestead dwellings, insured at $500,000 or less,
82located in the areas designated as high-risk areas for purposes
83of coverage by the Citizens Property Insurance Corporation.
84     b.  The next highest priority must be given to single-
85family owner-occupied homestead dwellings, insured at $500,000
86or less, covered by the Citizens Property Insurance Corporation,
87wherever located.
88     c.  The next highest priority must be given to single-
89family owner-occupied homestead dwellings, insured at $500,000
90or less, that are more than 40 years old.
91     d.  The next highest priority must be given to all other
92single-family owner-occupied homestead dwellings insured at
93$500,000 or less.
94     3.  The program administrator shall evaluate proposals
95based on the following factors:
96     a.  The degree to which the proposal meets the requirements
97of subparagraph 2.
98     b.  The lending institution's plan for marketing the loans.
99     c.  The anticipated number of loans to be granted relative
100to the total amount of funding sought.
101     4.  The program administrator shall annually solicit
102proposals from local governments and nonprofit entities for
103projects that will reduce hurricane damage to homestead
104properties. The program administrator may provide up to 50
105percent of the funding for such projects. The projects may
106include educational programs, repair services, property
107inspections, and hurricane vulnerability analyses and such other
108projects as the program administrator determines to be
109consistent with the purposes of this section.
110     (5)  ADVISORY COUNCIL.--There is created an advisory
111council to provide advice and assistance to the program
112administrator with regard to its administration of the
113endowment. The advisory council shall consist of:
114     (a)  A representative of lending institutions, selected by
115the Financial Services Commission from a list of at least three
116persons recommended by the Florida Bankers Association.
117     (b)  A representative of residential property insurers,
118selected by the Financial Services Commission from a list of at
119least three persons recommended by the Florida Insurance
120Council.
121     (c)  A representative of home builders, selected by the
122Financial Services Commission from a list of at least three
123persons recommended by the Florida Home Builders Association.
124     (d)  A faculty member of a state university selected by the
125Financial Services Commission who is an expert in hurricane-
126resistant construction methodologies and materials.
127     (e)  Two members of the House of Representatives selected
128by the Speaker of the House of Representatives.
129     (f)  Two members of the Senate selected by the President of
130the Senate.
131     (g)  The senior officer of the Florida Hurricane
132Catastrophe Fund.
133     (h)  The executive director of Citizens Property Insurance
134Corporation.
135     (i)  The director of the Division of Emergency Management
136of the Department of Community Affairs.
137
138Members appointed under paragraphs (a)-(d) shall serve at the
139pleasure of the Financial Services Commission. Members appointed
140under paragraphs (e) and (f) shall serve at the pleasure of the
141appointing officer. All other members shall serve ex officio.
142Members of the advisory council shall serve without compensation
143but may receive reimbursement as provided in s. 112.061 for per
144diem and travel expenses incurred in the performance of their
145official duties.
146     Section 2.  Section 215.5586, Florida Statutes, is created
147to read:
148     215.5586  Florida Comprehensive Hurricane Damage Mitigation
149Program.--There is established within the Department of
150Financial Services the Florida Comprehensive Hurricane Damage
151Mitigation Program. The program shall be administered by an
152individual with prior executive experience in the private sector
153in the areas of insurance, business, or construction. The
154program shall develop and implement a comprehensive and
155coordinated approach for hurricane damage mitigation that shall
156include the following:
157     (1)  WIND CERTIFICATION AND HURRICANE MITIGATION
158INSPECTIONS.--
159     (a)  Free home-retrofit inspections of site-built,
160residential property, including single-family, two-family,
161three-family, or four-family residential units, shall be offered
162to determine what mitigation measures are needed and what
163improvements to existing residential properties are needed to
164reduce the property's vulnerability to hurricane damage. The
165Department of Financial Services shall establish a request for
166proposals to solicit proposals from wind certification entities
167to provide at no cost to homeowners wind certification and
168hurricane mitigation inspections. The inspections provided to
169homeowners, at a minimum, must include:
170     1.  A home inspection and report that summarizes the
171results and identifies corrective actions a homeowner may take
172to mitigate hurricane damage.
173     2.  A range of cost estimates regarding the mitigation
174features.
175     3.  Insurer-specific information regarding premium
176discounts correlated to recommended mitigation features
177identified by the inspection.
178     4.  A hurricane resistance rating scale specifying the
179home's current as well as projected wind resistance
180capabilities.
181     (b)  To qualify for selection by the department as a
182provider of wind certification and hurricane mitigation
183inspections, the entity shall, at a minimum:
184     1.  Use wind certification and hurricane mitigation
185inspectors who:
186     a.  Have prior experience in residential construction or
187inspection and have received specialized training in hurricane
188mitigation procedures.
189     b.  Have undergone drug testing and background checks.
190     c.  Have been certified, in a manner satisfactory to the
191department, to conduct the inspections.
192     2.  Provide a quality assurance program including a
193reinspection component.
194     (2)  GRANTS.--Financial grants shall be used to encourage
195single-family, site-built, owner-occupied, residential property
196owners to retrofit their properties to make them less vulnerable
197to hurricane damage.
198     (a)  To be eligible for a grant, a residential property
199must:
200     1.  Have been granted a homestead exemption under chapter
201196.
202     2.  Be a dwelling with an insured value of $500,000 or
203less.
204     3.  Have undergone an acceptable wind certification and
205hurricane mitigation inspection.
206
207A residential property which is part of a multi-family
208residential unit may receive a grant only if all homeowners
209participate and the total number of units does not exceed four.
210     (b)  All grants must be matched on a dollar-for-dollar
211basis for a total of $10,000 for the mitigation project with the
212state's contribution not to exceed $5,000.
213     (c)  The program shall create a process in which mitigation
214contractors agree to participate and seek reimbursement from the
215state and homeowners select from a list of participating
216contractors. All mitigation must be based upon the securing of
217all required local permits and inspections. Mitigation projects
218are subject to random reinspection of up to at least 10 percent
219of all projects.
220     (d)  Matching fund grants shall also be made available to
221local governments and nonprofit entities for projects that will
222reduce hurricane damage to single-family, site-built, owner-
223occupied, residential property.
224     (3)  LOANS.--Financial incentives shall be provided as
225authorized by s. 215.558.
226     (4)  EDUCATION AND CONSUMER AWARENESS.--Multimedia public
227education, awareness, and advertising efforts designed to
228specifically address mitigation techniques shall be employed, as
229well as a component to support ongoing consumer resources and
230referral services.
231     (5)  MANUFACTURED HOUSING AND MOBILE HOME HURRICANE
232MITIGATION PROGRAM.--The Manufactured Housing and Mobile Home
233Hurricane Mitigation Program shall be also be implemented under
234the Florida Comprehensive Hurricane Damage Mitigation Program.
235     (a)  The program shall require the mitigation of damage to
236homes for the areas of concern raised by the Department of
237Highway Safety and Motor Vehicles in the 2004-2005 Hurricane
238Reports on the effects of the 2004 and 2005 hurricanes on
239manufactured and mobile homes in this state. The mitigation
240shall include, but not be limited to, problems associated with
241weakened trusses, studs, and other structural components, site-
242built additions, or tie-down systems and may also address any
243other issues deemed appropriate by the Department of Financial
244Services upon consultation with the Department of Community
245Affairs, Tallahassee Community College, the Federation of
246Manufactured Home Owners of Florida, Inc., the Florida
247Manufactured Housing Association, and the Department of Highway
248Safety and Motor Vehicles. The program may include an education
249and outreach component to ensure that owners of manufactured and
250mobile homes are aware of the benefits of participation.
251     (b)  The program shall include the offering of a matching
252grant to owners of manufactured and mobile homes manufactured
253after 1993 only. Homeowners accepted for the program shall be
254eligible to qualify for a $5,000 dollar-for-dollar matching
255grant in which the homeowner may receive up to $2,500 in state
256moneys. The moneys appropriated for this program shall be
257distributed directly to the Department of Financial Services for
258the uses set forth under this paragraph.
259     (c)  Upon evidence of completion of the program, the
260Citizens Property Insurance Corporation shall grant, on a pro
261rata basis, actuarially reasonable discounts, credits, or other
262rate differentials or appropriate reductions in deductibles for
263the properties of owners of manufactured homes or mobile homes
264on which fixtures or construction techniques that have been
265demonstrated to reduce the amount of loss in a windstorm have
266been installed or implemented. The discount on the premium shall
267be applied to subsequent renewal premium amounts. Premiums of
268the Citizens Property Insurance Corporation shall reflect the
269location of the home and the fact that the home has been
270installed in compliance with building codes adopted after
271Hurricane Andrew.
272     (d)  On or before January 1 of each year, the Department of
273Financial Services shall provide a report of activities under
274this subsection to the Governor, the President of the Senate,
275and the Speaker of the House of Representatives. The report
276shall set forth the number of manufactured homes and mobile
277homes that have taken advantage of the program, the types of
278enhancements and improvements made to the manufactured homes or
279mobile homes and attachments to such homes, and whether there
280has been an increase of availability of insurance products to
281owners of manufactured homes or mobile homes.
282     (6)  ADVISORY COUNCIL.--There is created an advisory
283council to provide advice and assistance to the program
284administrator with regard to his or her administration of the
285program. The advisory council shall consist of:
286     (a)  A representative of lending institutions, selected by
287the Financial Services Commission from a list of at least three
288persons recommended by the Florida Bankers Association.
289     (b)  A representative of residential property insurers,
290selected by the Financial Services Commission from a list of at
291least three persons recommended by the Florida Insurance
292Council.
293     (c)  A representative of home builders, selected by the
294Financial Services Commission from a list of at least three
295persons recommended by the Florida Home Builders Association.
296     (d)  A faculty member of a state university, selected by
297the Financial Services Commission, who is an expert in
298hurricane-resistant construction methodologies and materials.
299     (e)  Two members of the House of Representatives, selected
300by the Speaker of the House of Representatives.
301     (f)  Two members of the Senate, selected by the President
302of the Senate.
303     (g)  The Chief Executive Officer of the Federal Alliance
304for Safe Homes, Inc., or his or her designee.
305     (h)  The senior officer of the Florida Hurricane
306Catastrophe Fund.
307     (i)  The executive director of Citizens Property Insurance
308Corporation.
309     (j)  The director of the Division of Emergency Management
310of the Department of Community Affairs.
311
312Members appointed under paragraphs (a)-(d) shall serve at the
313pleasure of the Financial Services Commission. Members appointed
314under paragraphs (e) and (f) shall serve at the pleasure of the
315appointing officer. All other members shall serve voting ex
316officio. Members of the advisory council shall serve without
317compensation but may receive reimbursement as provided in s.
318112.061 for per diem and travel expenses incurred in the
319performance of their official duties.
320     (7)  FEDERAL FUNDING.-The department shall use its best
321efforts to obtain grants or funds from the federal government to
322supplement the financial resources of the program.
323     (8)  RULES.--The Department of Financial Services shall
324adopt rules pursuant to ss. 120.536(1) and 120.54 governing the
325Florida Comprehensive Hurricane Damage Mitigation Program.
326     Section 3.  Section 215.559, Florida Statutes, is amended
327to read:
328     215.559  Hurricane Loss Mitigation Program.--
329     (1)  There is created a Hurricane Loss Mitigation Program.
330The Legislature shall annually appropriate $10 million of the
331moneys authorized for appropriation under s. 215.555(7)(c) from
332the Florida Hurricane Catastrophe Fund to the Department of
333Community Affairs for the purposes set forth in this section.
334     (2)(a)  Seven million dollars in funds provided in
335subsection (1) shall be used for programs to improve the wind
336resistance of residences and mobile homes, including loans,
337subsidies, grants, demonstration projects, and direct
338assistance; cooperative programs with local governments and the
339Federal Government; and other efforts to prevent or reduce
340losses or reduce the cost of rebuilding after a disaster.
341     (b)  Three million dollars in funds provided in subsection
342(1) shall be used to retrofit existing facilities used as public
343hurricane shelters. The department must prioritize the use of
344these funds for projects included in the September 1, 2000,
345version of the Shelter Retrofit Report prepared in accordance
346with s. 252.385(3), and each annual report thereafter. The
347department must give funding priority to projects in regional
348planning council regions that have shelter deficits and to
349projects that maximize use of state funds.
350     (3)  By the 2006-2007 fiscal year, the Department of
351Community Affairs shall develop a low-interest loan program for
352homeowners and mobile home owners to retrofit their homes with
353fixtures or apply construction techniques that have been
354demonstrated to reduce the amount of damage or loss due to a
355hurricane. Funding for the program shall be used to subsidize or
356guaranty private-sector loans for this purpose to qualified
357homeowners by financial institutions chartered by the state or
358Federal Government. The department may enter into contracts with
359financial institutions for this purpose. The department shall
360establish criteria for determining eligibility for the loans and
361selecting recipients, standards for retrofitting homes or mobile
362homes, limitations on loan subsidies and loan guaranties, and
363other terms and conditions of the program, which must be
364specified in the department's report to the Legislature on
365January 1, 2006, required by subsection (8). For the 2005-2006
366fiscal year, the Department of Community Affairs may use up to
367$1 million of the funds appropriated pursuant to paragraph
368(2)(a) to begin the low-interest loan program as a pilot project
369in one or more counties. The Department of Financial Services,
370the Office of Financial Regulation, the Florida Housing Finance
371Corporation, and the Office of Tourism, Trade, and Economic
372Development shall assist the Department of Community Affairs in
373establishing the program and pilot project. The department may
374use up to 2.5 percent of the funds appropriated in any given
375fiscal year for administering the loan program. The department
376may adopt rules to implement the program.
377     (3)(4)  Forty percent of the total appropriation in
378paragraph (2)(a) shall be used to inspect and improve tie-downs
379for mobile homes. Within 30 days after the effective date of
380that appropriation, the department shall contract with a public
381higher educational institution in this state which has previous
382experience in administering the programs set forth in this
383subsection to serve as the administrative entity and fiscal
384agent pursuant to s. 216.346 for the purpose of administering
385the programs set forth in this subsection in accordance with
386established policy and procedures. The administrative entity
387working with the advisory council set up under subsection (6)
388shall develop a list of mobile home parks and counties that may
389be eligible to participate in the tie-down program.
390     (4)(5)  Of moneys provided to the Department of Community
391Affairs in paragraph (2)(a), 10 percent shall be allocated to a
392Type I Center within the State University System dedicated to
393hurricane research. The Type I Center shall develop a
394preliminary work plan approved by the advisory council set forth
395in subsection (6) to eliminate the state and local barriers to
396upgrading existing mobile homes and communities, research and
397develop a program for the recycling of existing older mobile
398homes, and support programs of research and development relating
399to hurricane loss reduction devices and techniques for site-
400built residences. The State University System also shall consult
401with the Department of Community Affairs and assist the
402department with the report required under subsection (8).
403     (5)(6)  The Department of Community Affairs shall develop
404the programs set forth in this section in consultation with an
405advisory council consisting of a representative designated by
406the Chief Financial Officer, a representative designated by the
407Florida Home Builders Association, a representative designated
408by the Florida Insurance Council, a representative designated by
409the Federation of Manufactured Home Owners, a representative
410designated by the Florida Association of Counties, and a
411representative designated by the Florida Manufactured Housing
412Association.
413     (6)(7)  Moneys provided to the Department of Community
414Affairs under this section are intended to supplement other
415funding sources of the Department of Community Affairs and may
416not supplant other funding sources of the Department of
417Community Affairs.
418     (7)(8)  On January 1st of each year, the Department of
419Community Affairs shall provide a full report and accounting of
420activities under this section and an evaluation of such
421activities to the Speaker of the House of Representatives, the
422President of the Senate, and the Majority and Minority Leaders
423of the House of Representatives and the Senate.
424     (8)(9)  This section is repealed June 30, 2011.
425
426
427======== T I T L E  A M E N D M E N T ========
428     Remove line(s) 4535-4786 and insert:
429An act relating to property and casualty insurance;
430creating s. 215.558, F.S.; creating the Florida Hurricane
431Damage Prevention Endowment; providing a purpose and
432legislative intent; providing definitions; providing
433requirements and authority for investment of endowment
434assets by the State Board of Administration; requiring a
435report to the Legislature; providing for payment of the
436board's investment services' costs and fees from the
437endowment; providing requirements of the Department of
438Financial Services in providing financial incentives for
439residential hurricane damage prevention activities;
440providing for an interest-free loan program; providing
441program criteria and requirements; creating an advisory
442council for certain purposes; providing for appointment of
443members; requiring members to serve without compensation;
444providing for per diem and travel expenses; creating s.
445215.5586, F.S.; establishing the Florida Comprehensive
446Hurricane Damage Mitigation Program within the Department
447of Financial Services; providing qualifications for the
448program administrator; providing program components and
449requirements; providing for wind certification and
450hurricane mitigation inspections; providing inspection
451requirements; providing inspector eligibility
452requirements; providing for grants; providing grant
453requirements; providing for loans; providing public
454education and consumer awareness requirements; creating
455the Manufactured Housing and Mobile Home Hurricane
456Mitigation Program for certain purposes; requiring the
457Department of Financial Services to develop the program in
458consultation with certain entities; specifying
459requirements of the program; specifying the program as a
460matching grant program for improvement of mobile homes and
461manufactured homes; providing for distribution of the
462grants to the Department of Financial Services for certain
463purposes; requiring Citizens Property Insurance
464Corporation to grant certain insurance discounts, credits,
465rate differentials, or deductible reductions for property
466insurance premiums for certain manufactured home or mobile
467home owners; specifying criteria for such premiums;
468requiring a program report each year to the Governor and
469Legislature; providing report requirements; creating an
470advisory council; providing for appointment of members;
471specifying service without compensation; providing for per
472diem and travel expense reimbursements; requiring the
473department to obtain supplemental federal grants or funds
474for the program; requiring the department to adopt rules;
475amending s. 215.559, F.S.; deleting a provision requiring
476the Department of Community Affairs to develop a low
477interest loan program; creating the Task Force on
478Hurricane Mitigation and


CODING: Words stricken are deletions; words underlined are additions.