House Bill hb1393c1

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    Florida House of Representatives - 2001             CS/HB 1393

        By the Committee on Insurance and Representatives Spratt
    and Alexander





  1                      A bill to be entitled

  2         An act relating to the Hurricane Loss

  3         Mitigation Program; amending s. 215.559, F.S.;

  4         specifying the amount of funds to be used to

  5         inspect and improve tie-downs for mobile homes;

  6         requiring the Department of Community Affairs

  7         to contract with a public higher educational

  8         institution to serve as an administrative

  9         entity and fiscal agent for certain purposes;

10         requiring a certain Type I Center to develop a

11         work plan for certain purposes; revising the

12         process for establishing an advisory council;

13         requiring an annual report; extending a future

14         repeal; requiring the department to allocate a

15         portion of appropriated funds to fund a

16         factory-built shelter demonstration project

17         with local school districts; providing criteria

18         and limitations; providing an effective date.

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

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22         Section 1.  Section 215.559, Florida Statutes, is

23  amended to read:

24         215.559  Hurricane Loss Mitigation Program.--

25         (1)  There is created a Hurricane Loss Mitigation

26  Program. The Legislature shall annually appropriate $10

27  million of the moneys authorized for appropriation under s.

28  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to

29  the Department of Community Affairs for the purposes set forth

30  in this section.

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    Florida House of Representatives - 2001             CS/HB 1393

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  1         (2)(a)  Seven million dollars in funds provided in

  2  subsection (1) shall be used for programs to improve the wind

  3  resistance of residences and mobile homes, including loans,

  4  subsidies, grants, demonstration projects, and direct

  5  assistance; cooperative programs with local governments and

  6  the Federal Government; and other efforts to prevent or reduce

  7  losses or reduce the cost of rebuilding after a disaster.

  8         (b)  Three million dollars in funds provided in

  9  subsection (1) shall be used to retrofit existing facilities

10  used as public hurricane shelters. The department must

11  prioritize the use of these funds for projects included in the

12  September 1, 2000, version of the Shelter Retrofit Report

13  prepared in accordance with s. 252.385(3), and each annual

14  report thereafter. The department must give funding priority

15  to projects in regional planning council regions that have

16  shelter deficits and to projects that maximize use of state

17  funds.

18         (3)  Forty At least 40 percent of the total

19  appropriation in paragraph (2)(a) shall be used to inspect and

20  improve tie-downs for mobile homes. Within 30 days after the

21  effective date of that appropriation, the department shall

22  contract with a public higher educational institution in this

23  state which has previous experience in administering the

24  programs set forth in this subsection to serve as the

25  administrative entity and fiscal agent pursuant to s. 216.346

26  for the purpose of administering the programs set forth in

27  this subsection in accordance with established policy and

28  procedures for loans, subsidies, grants, demonstration

29  projects, and direct assistance for the first year of the

30  programs shall be used for mobile homes, including programs to

31  inspect and improve tie-downs, construct and provide safety

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    Florida House of Representatives - 2001             CS/HB 1393

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  1  structures, and provide other means to reduce losses. In the

  2  second year of the programs, at least 30 percent of the total

  3  appropriation shall be used for mobile homes, and thereafter

  4  at least 20 percent shall be used for such purposes.

  5         (4)  Of moneys provided to the Department of Community

  6  Affairs in paragraph (2)(a), 10 percent shall be allocated to

  7  a the Operations and Maintenance Trust Fund in the general

  8  office of the Board of Regents, to be used by the Type I

  9  Center within the State University System dedicated to

10  hurricane research. The Type I Center shall develop a

11  preliminary work plan approved by the advisory council set

12  forth in subsection (5) to eliminate the state and local

13  barriers to upgrading existing mobile homes and communities,

14  research and develop a program for the recycling of existing

15  older mobile homes, and to support programs of research and

16  development relating to hurricane loss reduction devices and

17  techniques for site-built residences and mobile homes and

18  relating to the development of credible data on potential loss

19  reductions. The State University System also shall consult

20  with the Department of Community Affairs and assist the

21  department with the report required under subsection (7).

22         (5)  Except for the program set forth in subsection

23  (3), the Department of Community Affairs shall develop the

24  programs set forth in this section in consultation with an

25  advisory council appointed by the secretary consisting of a

26  representative designated by of the Department of Insurance, a

27  representative designated by the Florida Home Builders

28  Association of home builders, a representative designated by

29  the Florida Insurance Council of insurance companies, a

30  representative designated by of the Federation of Manufactured

31  Mobile Home Owners, a representative designated by of the

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    Florida House of Representatives - 2001             CS/HB 1393

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  1  Florida Association of Counties, and a representative

  2  designated by of the Florida Manufactured Housing Association

  3  who is a mobile home manufacturer or supplier. Part III of

  4  chapter 112 does not apply to the advisory council and its

  5  members.

  6         (6)  Moneys provided to the Department of Community

  7  Affairs under this section are intended to supplement other

  8  funding sources of the Department of Community Affairs and may

  9  not supplant other funding sources of the Department of

10  Community Affairs.

11         (7)  On January 1st of each year 2001 and 2002, the

12  Department of Community Affairs shall provide a full report

13  and accounting of activities under this section and an

14  evaluation of such activities to the Speaker of the House of

15  Representatives, the President of the Senate, and the Majority

16  and Minority Leaders of the House of Representatives and the

17  Senate.

18         (8)  This section is repealed June 30, 2006 2002.

19         Section 2.  For fiscal year 2001-2002, the Department

20  of Community Affairs shall allocate up to $500,000 of the

21  moneys required to be used under s. 215.559(2)(b), Florida

22  Statutes, to fund a factory-built school shelter demonstration

23  project with local school districts.  These funds shall

24  provide no more than 25 percent of the costs of a

25  factory-built school shelter as defined in chapter 553,

26  Florida Statutes, which meets the requirements for the

27  enhanced hurricane protection areas in the State Uniform

28  Building Code for Public Educational Facilities Construction

29  as provided in s. 235.26(8), Florida Statutes.  Funds shall

30  not be used for factory-built school shelters on school sites

31  which cannot be used as shelters because of their location.

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    Florida House of Representatives - 2001             CS/HB 1393

    200-556A-01






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

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