House Bill 3631

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    Florida House of Representatives - 1998                HB 3631

        By the Committee on Financial Services and Representatives
    Safley, Cosgrove, Rayson, Bainter, Tamargo and Lawson





  1                      A bill to be entitled

  2         An act relating to hurricane loss mitigation;

  3         creating s. 215.559, F.S.; creating the

  4         Hurricane Loss Mitigation Clearing Trust Fund;

  5         providing for administration; specifying moneys

  6         to be credited to the fund; requiring

  7         appropriation of moneys in the fund; providing

  8         purposes; specifying uses of such moneys by

  9         specified officers and agencies; providing

10         allocations; requiring reports; providing that

11         fund balances carry over to future years;

12         amending s. 215.555, F.S.; requiring the State

13         Board of Administration annually to transfer

14         specified amounts from the Florida Hurricane

15         Catastrophe Fund to the Hurricane Loss

16         Mitigation Clearing Trust Fund; providing an

17         effective date.

18

19  Be It Enacted by the Legislature of the State of Florida:

20

21         Section 1.  Section 215.559, Florida Statutes, is

22  created to read:

23         215.559  Hurricane Loss Mitigation Clearing Trust

24  Fund.--

25         (1)  There is hereby created a clearing fund under the

26  administration of the Comptroller, to be known as the

27  Hurricane Loss Mitigation Clearing Trust Fund.  Funds to be

28  credited to the trust fund shall consist of moneys transferred

29  from the Florida Hurricane Catastrophe Fund pursuant to s.

30  215.555(7)(c).  The Legislature shall annually appropriate the

31  moneys in the fund for the purposes set forth in this section.

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  1         (2)  Moneys in the fund shall be used for the purpose

  2  of providing funding for local governments, state agencies,

  3  public and private educational institutions, and nonprofit

  4  organizations to support programs intended to improve

  5  hurricane preparedness, reduce potential losses in the event

  6  of a hurricane, provide research into means to reduce such

  7  losses, educate or inform the public as to means to reduce

  8  hurricane losses, assist the public in determining the

  9  appropriateness of particular upgrades to structures or in the

10  financing of such upgrades, or protect local infrastructure

11  from potential damage from a hurricane.

12         (3)  The Comptroller shall annually transfer the

13  following amounts of moneys in the fund:

14         (a)1.  Eighty-five percent to the Grants and Donations

15  Trust Fund of the Department of Community Affairs, to be used

16  by the Department of Community Affairs for programs to improve

17  the wind resistance of residences, including loan subsidies,

18  grants, and demonstration projects, cooperative programs with

19  local governments, the Federal Government, and the Institute

20  for Business and Home Safety, and other efforts to prevent or

21  reduce losses or reduce the cost of rebuilding after a

22  disaster.

23         2.  Eligibility for loan subsidies and other forms of

24  direct assistance to property owners is limited to

25  policyholders of the Florida Windstorm Underwriting

26  Association.  Actions taken by a property owner pursuant to

27  such loan subsidies and direct assistance qualify the

28  policyholder for premium discounts as filed by the association

29  and approved by the Department of Insurance and do not

30  constitute changes, additions, or improvements to homestead

31  property within the meaning of chapter 193.  No more than 25

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  1  percent of the total value of such loan subsidies and direct

  2  assistance shall be awarded on the basis of the income of the

  3  recipient.  At least 10 percent of the total value of such

  4  loan subsidies and direct assistance shall be used for mobile

  5  homes, including programs to inspect and improve tie-downs.

  6         3.  The Department of Community Affairs shall develop

  7  the programs in consultation with an advisory council

  8  consisting of the Insurance Consumer Advocate, the Chief

  9  Operating Officer of the Florida Hurricane Catastrophe Fund

10  and representatives of the Department of Insurance, the

11  Residential Property and Casualty Joint Underwriting

12  Association, the Florida Windstorm Underwriting Association,

13  mortgage lenders, home builders, building officials, insurance

14  companies, the Institute for Business and Home Safety, the

15  Federation of Mobile Home Owners, a code development agency,

16  and the Federal Emergency Management Agency.

17         4.  Moneys provided to the Department of Community

18  Affairs under this paragraph are intended to supplement other

19  funding sources of the Department of Community Affairs and may

20  not supplant other funding sources of the Department of

21  Community Affairs.

22         (b)  Five percent to the Insurance Commissioner's

23  Regulatory Trust Fund, to be used by the office of the

24  Insurance Consumer Advocate of the Department of Insurance for

25  the purpose of consumer education, information, and outreach

26  to encourage consumers to take actions that will reduce their

27  property insurance costs, including a statewide media public

28  awareness campaign utilizing television and radio, provided

29  that the funding for the media campaign must be matched by at

30  least an equal amount of in-kind services, with a goal of

31  three times the funds being matched by in-kind services.  The

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  1  Insurance Consumer Advocate shall consult with the Department

  2  of Community Affairs prior to expending moneys provided under

  3  this paragraph.  Moneys provided to the Insurance Consumer

  4  Advocate under this paragraph are intended to supplement other

  5  funding sources of the Insurance Consumer Advocate and may not

  6  supplant other funding sources of the Insurance Consumer

  7  Advocate.

  8         (c)  Ten percent to the Operations and Maintenance

  9  Trust Fund in the general office of the Board of Regents, to

10  be used by the State University System to support programs of

11  research and development, including demonstration projects,

12  with regard to hurricane loss reduction devices and techniques

13  for residences and mobile homes and with regard to the

14  development of credible data on potential loss reductions.

15  The funding of research and development programs must be

16  matched by at least an equal amount of funds or in-kind

17  services from entities other than the State University System.

18  The State University System shall consult with the Department

19  of Community Affairs prior to expending moneys provided under

20  this paragraph.

21

22  On January 1, 2000, and annually thereafter, the Department of

23  Community Affairs shall provide a full report and accounting

24  of activities under this subsection and an evaluation of such

25  activities to the Speaker of the House of Representatives, the

26  President of the Senate, and the Majority and Minority Leaders

27  of the House of Representatives and the Senate.

28         (4)  Notwithstanding the provisions of s. 216.301 and

29  pursuant to s. 216.351, any balance in the trust fund at the

30  end of any fiscal year shall remain in the trust fund at the

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  1  end of the year and shall be available for carrying out the

  2  purposes of the trust fund.

  3         Section 2.  Paragraph (c) of subsection (7) of section

  4  215.555, Florida Statutes, is amended to read:

  5         215.555  Florida Hurricane Catastrophe Fund.--

  6         (7)  ADDITIONAL POWERS AND DUTIES.--

  7         (c)  Beginning with the 1998-1999 fiscal year, on the

  8  first day of each fiscal year, the board shall transfer a

  9  portion of the investment income of the Florida Hurricane

10  Catastrophe Fund to the Hurricane Loss Mitigation Clearing

11  Trust Fund created by s. 215.559.  The amount of the annual

12  transfer shall consist of $10 million, plus an additional

13  amount such that the total amount transferred equals 35

14  percent of the investment income of the Florida Hurricane

15  Catastrophe Fund for the prior fiscal year, however, the board

16  shall limit the transfer to $10 million if the board Each

17  fiscal year, the Legislature shall appropriate from the

18  investment income of the Florida Hurricane Catastrophe Fund an

19  amount no less than $10 million and no more than 35 percent of

20  the investment income from the prior fiscal year for the

21  purpose of providing funding for local governments, state

22  agencies, public and private educational institutions, and

23  nonprofit organizations to support programs intended to

24  improve hurricane preparedness, reduce potential losses in the

25  event of a hurricane, provide research into means to reduce

26  such losses, educate or inform the public as to means to

27  reduce hurricane losses, assist the public in determining the

28  appropriateness of particular upgrades to structures or in the

29  financing of such upgrades, or protect local infrastructure

30  from potential damage from a hurricane. Moneys shall first be

31  available for appropriation under this paragraph in fiscal

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  1  year 1997-1998. Moneys in excess of the $10 million specified

  2  in this paragraph shall not be available for appropriation

  3  under this paragraph if the State Board of Administration

  4  finds that an appropriation of an amount of investment income

  5  in excess of $10 million from the fund would jeopardize the

  6  actuarial soundness of the fund based on the assumptions which

  7  are contained in the premium formula approved for that year or

  8  have an adverse impact on fund rates.

  9         Section 3.  This act shall take effect upon becoming a

10  law.

11

12            *****************************************

13                          HOUSE SUMMARY

14
      Creates the Hurricane Loss Mitigation Clearing Trust
15    Fund. Provides for administration. Specifies moneys to be
      credited to the fund. Requires appropriation of moneys in
16    the fund. Provides purposes. Specifies uses of such
      moneys by specified officers and agencies. Provides
17    allocations. Requires reports. Provides that fund
      balances carry over to future years. Requires the State
18    Board of Administration annually to transfer specified
      amounts from the Florida Hurricane Catastrophe Fund to
19    the Hurricane Loss Mitigation Clearing Trust Fund.

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