HB 1257

1
A bill to be entitled
2An act relating to the Protect Our Homes Loss Mitigation
3Fund; creating s. 215.558, F.S.; creating the Protect Our
4Homes Loss Mitigation Fund in the Office of Insurance
5Regulation of the Financial Services Commission; providing
6a purpose and legislative intent; providing definitions;
7providing for administration of the fund by a board;
8requiring the board to establish guidelines for use of
9appropriated funds; providing requirements of the board in
10providing financial incentives for residential hurricane
11damage prevention activities; providing for an interest-
12free loan program; providing criteria and requirements;
13creating the Protect Our Homes Loss Mitigation Board for
14certain purposes; providing for appointment of members;
15requiring members to serve without compensation; providing
16for per diem and travel expenses; providing for retention
17of funds in the fund from year to year; providing for
18future review and termination; providing an appropriation;
19providing a contingent effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 215.558, Florida Statutes, is created
24to read:
25     215.558  Protect Our Homes Loss Mitigation Fund.--
26     (1)  CREATION; PURPOSE AND INTENT.--The Protect Our Homes
27Loss Mitigation Fund is created within the Office of Insurance
28Regulation of the Financial Services Commission. The purpose of
29the fund is to provide a continuing source of funding for
30financial incentives to encourage residential property owners of
31this state to retrofit their properties to make them less
32vulnerable to hurricane damage and to provide matching funds to
33local governments and nonprofit entities for projects that will
34reduce hurricane damage to residential properties. It is the
35intent of the Legislature that this section be construed
36liberally to effectuate its purpose.
37     (2)  DEFINITIONS.--As used in this section:
38     (a)  "Appropriation" means annual funds appropriated by the
39Legislature to encourage hurricane loss mitigation efforts
40throughout this state.
41     (b)  "Board" means the Protect Our Homes Loss Mitigation
42Board.
43     (c)  "Fund" means the Protect Our Homes Loss Mitigation
44Fund.
45     (3)  ADMINISTRATION.--
46     (a)  The board shall administer the fund as provided in
47this section.
48     (b)  The board shall review citizen requests and make
49determinations on award amounts based upon recommendations made
50by board staff.
51     (c)  The board shall establish guidelines for use of
52appropriated funds. The guidelines shall include a priority
53schedule that makes effort to retrofit the most vulnerable homes
54in the state first. It is the intent of the Legislature to make
55it a priority to provide funds to homeowners who permanently
56reside in their property throughout the year.
57     (4)  FINANCIAL INCENTIVES FOR RESIDENTIAL HURRICANE DAMAGE
58PREVENTION ACTIVITIES.--
59     (a)  The board, by rule, shall establish a request for a
60proposal process to annually solicit proposals from lending
61institutions under which the lending institution will provide
62interest-free loans to residential property owners to pay for
63improvements to existing residential properties intended to
64reduce the property's vulnerability to hurricane damage in
65exchange for funding from the fund.
66     (b)  In order to qualify for funding under this subsection,
67an interest-free loan program must include a means for verifying
68that the improvements to be paid for from loan proceeds have
69been demonstrated to reduce a property's vulnerability to
70hurricane damage and must include a means for verifying that the
71proceeds were actually spent on such improvements. The program
72must include a method for awarding loans according to the
73priorities established by the board.
74     (5)  PROTECT OUR HOMES LOSS MITIGATION BOARD.--The Protect
75Our Homes Loss Mitigation Board is created to administer the
76fund. The board shall consist of:
77     (a)  A representative of lending institutions, selected by
78the board from a list of at least three persons recommended by
79the Florida Bankers Association.
80     (b)  A representative of residential property insurers,
81selected by the board from a list of at least three persons
82recommended by the Florida Insurance Council.
83     (c)  A representative of home builders, selected by the
84board from a list of at least three persons recommended by the
85Florida Home Builders Association.
86     (d)  A faculty member of a state university selected by the
87board who is an expert in hurricane-resistant construction
88methodologies and materials.
89     (e)  Two members of the House of Representatives selected
90by the Speaker of the House of Representatives.
91     (f)  Two members of the Senate selected by the President of
92the Senate.
93     (g)  The senior officer of the Florida Hurricane
94Catastrophe Fund.
95     (h)  The executive director of the Citizens Property
96Insurance Corporation.
97     (i)  The director of the Division of Emergency Management
98of the Department of Community Affairs.
99
100Members appointed under paragraphs (a)-(d) shall serve at the
101pleasure of the board. Members appointed under paragraphs (e)
102and (f) shall serve at the pleasure of the appointing officer
103and shall serve ex officio and in advisory capacity only.
104Members appointed under paragraphs (g)-(i) shall serve ex
105officio and in advisory capacity only. Members of the board
106shall serve without compensation but may receive reimbursement
107for per diem and travel expenses incurred in the performance of
108their official duties as provided in s. 112.061.
109     (6)  CONTINUITY.--Notwithstanding the provisions of s.
110216.301 and pursuant to s. 216.351, any balance in the fund at
111the end of any fiscal year shall remain in the fund at the end
112of the year and shall be available for carrying out the purposes
113of the fund.
114     (7)  TERMINATION.--In accordance with s. 19(f)(2), Art. III
115of the State Constitution, the Protect Our Homes Loss Mitigation
116Fund, unless terminated sooner, shall be terminated on July 1,
1172010. Before its scheduled termination, the fund shall be
118reviewed as provided in s. 215.3206(1) and (2).
119     Section 2.  The sum of $500 million is appropriated from
120the General Revenue Fund to the Protect Our Homes Loss
121Mitigation Fund for fiscal year 2006-2007 as a nonrecurring
122appropriation for the purposes specified in s. 215.558, Florida
123Statutes, as created by this act.
124     Section 3.  This act shall take effect on the same date
125House Bill 1209 or similar legislation takes effect, if such
126legislation is adopted in the same legislative session or an
127extension thereof and becomes a law.


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