CODING: Words stricken are deletions; words underlined are additions.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.
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27 Be It Enacted by the Legislature of the State of Florida:
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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:
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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
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Florida House of Representatives - 1997 HB 1185
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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.
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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
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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.
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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.
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