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House Bill 1185

Florida House of Representatives - 1997 HB 1185 By Representative Bainter 1 A bill to be entitled 2 An act relating to hurricane preparedness and 3 mitigation; amending s. 215.555, F.S.; 4 authorizing the Department of Community Affairs 5 to establish and administer a program to assist 6 homeowners in retrofitting homes to withstand 7 certain hurricane force winds; establishing an 8 advisory committee to assist the department; 9 providing for discounts; requiring approval of 10 the program by the State Board of 11 Administration; requiring a budget plan; 12 requiring program criteria; requiring the 13 department to adopt rules; authorizing the 14 department to use certain moneys; providing 15 legislative intent; establishing a program to 16 be administered by the Florida Windstorm 17 Underwriting Association for the purpose of 18 providing grants to certain homeowners for 19 certain purposes; requiring the Department of 20 Community Affairs to establish certain 21 standards for certain purposes; providing 22 requirements; requiring the Florida Windstorm 23 Underwriting Association to identify areas of 24 the state for certain purposes; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraph (c) of subsection (7) of section 30 215.555, Florida Statutes, 1996 Supplement, is amended, and 31 subsection (13) is added to said section, to read: 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1185 143-215-97 1 215.555 Florida Hurricane Catastrophe Fund.-- 2 (7) ADDITIONAL POWERS AND DUTIES.-- 3 (c)1. Each fiscal year, the Legislature shall 4 appropriate from the investment income of the Florida 5 Hurricane Catastrophe Fund an amount no less than $10 million 6 and no more than 35 percent of the investment income from the 7 prior fiscal year for the purpose of providing funding for 8 local governments, state agencies, public and private 9 educational institutions, and nonprofit organizations to 10 support programs intended to improve hurricane preparedness, 11 reduce potential losses in the event of a hurricane, provide 12 research into means to reduce such losses, educate or inform 13 the public as to means to reduce hurricane losses, assist the 14 public in determining the appropriateness of particular 15 upgrades to structures or in the financing of such upgrades, 16 or protect local infrastructure from potential damage from a 17 hurricane. Moneys shall first be available for appropriation 18 under this paragraph in fiscal year 1997-1998. Moneys in 19 excess of the $10 million specified in this paragraph shall 20 not be available for appropriation under this paragraph if the 21 State Board of Administration finds that an appropriation of 22 investment income from the fund would jeopardize the actuarial 23 soundness of the fund. 24 2. The Department of Community Affairs is authorized 25 to use funds available under this paragraph for the purpose of 26 establishing a program which will provide funds to homeowners 27 for retrofitting their homes to achieve an improved level of 28 wind resistance to mitigate property loss in future 29 wind-related disasters. The department shall develop the 30 program in consultation with an advisory committee consisting 31 of the Consumer Advocate and one additional representative of 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1185 143-215-97 1 the Department of Insurance, the Chief Operating Officer of 2 the Florida Hurricane Catastrophe Fund, a representative of 3 the Residential Property and Casualty Joint Underwriting 4 Association, a representative of the Florida Windstorm 5 Underwriting Association, a representative of the banking 6 industry, a representative of the homebuilding industry, a 7 representative of building officials, a representative of the 8 insurance industry, a representative of the Insurance 9 Institute for Property Loss Reduction, a representative of a 10 code development agency, and a representative of the Federal 11 Emergency Management Agency. Homeowners who comply with 12 retrofitting conducted under the program pursuant to this 13 subparagraph shall be entitled to discounts set forth in s. 14 627.0629(1). 15 3. The department shall submit the program to the 16 State Board of Administration for approval prior to the 17 allocation of funds and shall include a budget plan for the 18 funds allocated for the program. The program shall include 19 criteria for monitoring and evaluating the program to 20 determine the effectiveness of reducing property damage to 21 residential structures. The department shall adopt rules 22 governing the program, including, but not limited to, the 23 types and limits of financial assistance and methods of 24 distribution of moneys. The department may use an amount not 25 greater than 5 percent of the annual appropriation under this 26 paragraph each year, moneys received from any other source for 27 the purpose of this paragraph, and all proceeds derived from 28 the use of such moneys, including any income from repayments 29 of assistance provided under this paragraph for such program. 30 All such moneys shall be deposited into the Operating Trust 31 Fund of the department. 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1185 143-215-97 1 (13) EVALUATION OF RESIDENTIAL PROPERTY STRUCTURAL 2 SOUNDNESS.-- 3 (a) It is the intent of the Legislature to provide a 4 program whereby homeowners may obtain an evaluation of the 5 wind resistance of their homes with respect to preventing 6 damage from hurricanes, together with a recommendation of 7 reasonable steps that may be taken to upgrade their homes to 8 better withstand hurricane force winds. 9 (b) The Legislature hereby authorizes the 10 establishment of a program to be administered by the Florida 11 Windstorm Underwriting Association. 12 (c) The program shall provide grants to homeowners, 13 for the purpose of providing homeowner applicants with funds 14 to conduct an evaluation of the integrity of their homes with 15 respect to withstanding hurricane force winds, recommendations 16 to retrofit the homes to better withstand damage from such 17 winds, and the estimated cost to make the recommended 18 retrofits. 19 (d) The Department of Community Affairs shall 20 establish by rule standards to govern the quality of the 21 evaluation, the quality of the recommendations for 22 retrofitting, the eligibility of the persons conducting the 23 evaluation, and the selection of applicants under the program. 24 In establishing the rule, the department shall consult with 25 the advisory committee to minimize the possibility of fraud or 26 abuse in the evaluation and retrofitting process, and to 27 ensure that funds spent by homeowners acting on the 28 recommendations achieve positive results. 29 (e) The Florida Windstorm Underwriting Association 30 shall identify areas of this state with the greatest wind risk 31 to residential properties and recommend annually to the 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1185 143-215-97 1 department priority target areas for such evaluations and 2 inclusion with the associated residential construction 3 mitigation program. 4 Section 2. This act shall take effect upon becoming a 5 law. 6 7 ***************************************** 8 HOUSE SUMMARY 9 Authorizes the Department of Community Affairs to 10 establish and administer a residential construction mitigation program to assist homeowners in retrofitting 11 homes to withstand hurricane force winds. Establishes an advisory committee to assist the department. Requires 12 approval of the program by the State Board of Administration. Establishes a grant program to be 13 administered by the Florida Windstorm Underwriting Association to provide assistance to homeowners to 14 evaluate the integrity of their homes to withstand hurricane force winds, recommend retrofitting options, 15 and estimate retrofitting costs. Requires the Department of Community Affairs to establish standards for such 16 evaluations and retrofitting. Requires the Florida Windstorm Underwriting Association to identify areas of 17 the state of greatest susceptibility to wind damage and program application. See bill for details. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5