1 | Representative(s) Sands offered the following: |
2 |
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3 | Amendment to Amendment (074037) (with title amendment) |
4 | Remove line(s) 5-4305 and insert: |
5 | Section 1. Section 215.558, Florida Statutes, is created |
6 | to read: |
7 | 215.558 Florida Hurricane Damage Prevention Endowment.-- |
8 | (1) PURPOSE AND INTENT.--The purpose of this section is to |
9 | provide a continuing source of funding for financial incentives |
10 | to encourage residential property owners of this state to |
11 | retrofit their properties to make them less vulnerable to |
12 | hurricane damage, to help decrease the cost of residential |
13 | property and casualty insurance, and to provide matching funds |
14 | to local governments and nonprofit entities for projects that |
15 | will reduce hurricane damage to residential properties. It is |
16 | the intent of the Legislature that this section be construed |
17 | liberally to effectuate its purpose. |
18 | (2) DEFINITIONS.--As used in this section: |
19 | (a) "Board" means the State Board of Administration. |
20 | (b) "Corpus" means the money that has been appropriated to |
21 | the endowment by the 2006 Legislature, together with any amounts |
22 | subsequently appropriated to the endowment that are specifically |
23 | designated as contributions to the corpus and any grants, gifts, |
24 | or donations to the endowment that are specifically designated |
25 | as contributions to the corpus. |
26 | (c) "Earnings" means any money in the endowment in excess |
27 | of the corpus, including any income generated by investments, |
28 | any increase in the market value of investments net of decreases |
29 | in market value, and any appropriations, grants, gifts, or |
30 | donations to the endowment not specifically designated as |
31 | contributions to the corpus. |
32 | (d) "Endowment" means the Florida Hurricane Damage |
33 | Prevention Endowment created by this section. |
34 | (e) "Program administrator" means the Department of |
35 | Financial Services. |
36 | (3) ADMINISTRATION.-- |
37 | (a) The board shall invest endowment assets as provided in |
38 | this section. |
39 | (b) The board may invest and reinvest funds of the |
40 | endowment in accordance with s. 215.47 and consistent with board |
41 | policy. |
42 | (c) The investment objective shall be long-term |
43 | preservation of the value of the corpus and a specified regular |
44 | annual cash outflow for appropriation, as nonrecurring revenue, |
45 | for the purposes specified in subsection (4). |
46 | (d) In accordance with s. 215.44, the board shall report |
47 | on the financial status of the endowment in its annual |
48 | investment report to the Legislature. |
49 | (e) Costs and fees of the board for investment services |
50 | shall be deducted from the assets of the endowment. |
51 | (4) FINANCIAL INCENTIVES FOR RESIDENTIAL HURRICANE DAMAGE |
52 | PREVENTION ACTIVITIES.-- |
53 | (a) Not less than 80 percent of the net earnings of the |
54 | endowment shall be expended for financial incentives to |
55 | residential property owners as described in paragraph (b), and |
56 | no more than the remainder of the net earnings of the endowment |
57 | shall be expended for matching fund grants to local governments |
58 | and nonprofit entities for projects that will reduce hurricane |
59 | damage to residential properties as described in paragraph (c). |
60 | Any funds authorized for expenditure but not expended for these |
61 | purposes shall be returned to the endowment. |
62 | (b)1. The program administrator, by rule, shall establish |
63 | a request for a proposal process to annually solicit proposals |
64 | from lending institutions under which the lending institution |
65 | will provide interest-free loans to homestead property owners to |
66 | pay for inspections of homestead property to determine what |
67 | mitigation measures are needed and for improvements to existing |
68 | residential properties intended to reduce the homestead |
69 | property's vulnerability to hurricane damage, in exchange for |
70 | funding from the endowment. |
71 | 2. In order to qualify for funding under this paragraph, |
72 | an interest-free loan program must include an inspection of |
73 | homestead property to determine what mitigation measures are |
74 | needed, a means for verifying that the improvements to be paid |
75 | for from loan proceeds have been demonstrated to reduce a |
76 | homestead property's vulnerability to hurricane damage, and a |
77 | means for verifying that the proceeds were actually spent on |
78 | such improvements. The program must include a method for |
79 | awarding loans according to the following priorities: |
80 | a. The highest priority must be given to single-family |
81 | owner-occupied homestead dwellings, insured at $500,000 or less, |
82 | located in the areas designated as high-risk areas for purposes |
83 | of coverage by the Citizens Property Insurance Corporation. |
84 | b. The next highest priority must be given to single- |
85 | family owner-occupied homestead dwellings, insured at $500,000 |
86 | or less, covered by the Citizens Property Insurance Corporation, |
87 | wherever located. |
88 | c. The next highest priority must be given to single- |
89 | family owner-occupied homestead dwellings, insured at $500,000 |
90 | or less, that are more than 40 years old. |
91 | d. The next highest priority must be given to all other |
92 | single-family owner-occupied homestead dwellings insured at |
93 | $500,000 or less. |
94 | 3. The program administrator shall evaluate proposals |
95 | based on the following factors: |
96 | a. The degree to which the proposal meets the requirements |
97 | of subparagraph 2. |
98 | b. The lending institution's plan for marketing the loans. |
99 | c. The anticipated number of loans to be granted relative |
100 | to the total amount of funding sought. |
101 | 4. The program administrator shall annually solicit |
102 | proposals from local governments and nonprofit entities for |
103 | projects that will reduce hurricane damage to homestead |
104 | properties. The program administrator may provide up to 50 |
105 | percent of the funding for such projects. The projects may |
106 | include educational programs, repair services, property |
107 | inspections, and hurricane vulnerability analyses and such other |
108 | projects as the program administrator determines to be |
109 | consistent with the purposes of this section. |
110 | (5) ADVISORY COUNCIL.--There is created an advisory |
111 | council to provide advice and assistance to the program |
112 | administrator with regard to its administration of the |
113 | endowment. The advisory council shall consist of: |
114 | (a) A representative of lending institutions, selected by |
115 | the Financial Services Commission from a list of at least three |
116 | persons recommended by the Florida Bankers Association. |
117 | (b) A representative of residential property insurers, |
118 | selected by the Financial Services Commission from a list of at |
119 | least three persons recommended by the Florida Insurance |
120 | Council. |
121 | (c) A representative of home builders, selected by the |
122 | Financial Services Commission from a list of at least three |
123 | persons recommended by the Florida Home Builders Association. |
124 | (d) A faculty member of a state university selected by the |
125 | Financial Services Commission who is an expert in hurricane- |
126 | resistant construction methodologies and materials. |
127 | (e) Two members of the House of Representatives selected |
128 | by the Speaker of the House of Representatives. |
129 | (f) Two members of the Senate selected by the President of |
130 | the Senate. |
131 | (g) The senior officer of the Florida Hurricane |
132 | Catastrophe Fund. |
133 | (h) The executive director of Citizens Property Insurance |
134 | Corporation. |
135 | (i) The director of the Division of Emergency Management |
136 | of the Department of Community Affairs. |
137 |
|
138 | Members appointed under paragraphs (a)-(d) shall serve at the |
139 | pleasure of the Financial Services Commission. Members appointed |
140 | under paragraphs (e) and (f) shall serve at the pleasure of the |
141 | appointing officer. All other members shall serve ex officio. |
142 | Members of the advisory council shall serve without compensation |
143 | but may receive reimbursement as provided in s. 112.061 for per |
144 | diem and travel expenses incurred in the performance of their |
145 | official duties. |
146 | Section 2. Section 215.5586, Florida Statutes, is created |
147 | to read: |
148 | 215.5586 Florida Comprehensive Hurricane Damage Mitigation |
149 | Program.--There is established within the Department of |
150 | Financial Services the Florida Comprehensive Hurricane Damage |
151 | Mitigation Program. The program shall be administered by an |
152 | individual with prior executive experience in the private sector |
153 | in the areas of insurance, business, or construction. The |
154 | program shall develop and implement a comprehensive and |
155 | coordinated approach for hurricane damage mitigation that shall |
156 | include the following: |
157 | (1) WIND CERTIFICATION AND HURRICANE MITIGATION |
158 | INSPECTIONS.-- |
159 | (a) Free home-retrofit inspections of site-built, |
160 | residential property, including single-family, two-family, |
161 | three-family, or four-family residential units, shall be offered |
162 | to determine what mitigation measures are needed and what |
163 | improvements to existing residential properties are needed to |
164 | reduce the property's vulnerability to hurricane damage. The |
165 | Department of Financial Services shall establish a request for |
166 | proposals to solicit proposals from wind certification entities |
167 | to provide at no cost to homeowners wind certification and |
168 | hurricane mitigation inspections. The inspections provided to |
169 | homeowners, at a minimum, must include: |
170 | 1. A home inspection and report that summarizes the |
171 | results and identifies corrective actions a homeowner may take |
172 | to mitigate hurricane damage. |
173 | 2. A range of cost estimates regarding the mitigation |
174 | features. |
175 | 3. Insurer-specific information regarding premium |
176 | discounts correlated to recommended mitigation features |
177 | identified by the inspection. |
178 | 4. A hurricane resistance rating scale specifying the |
179 | home's current as well as projected wind resistance |
180 | capabilities. |
181 | (b) To qualify for selection by the department as a |
182 | provider of wind certification and hurricane mitigation |
183 | inspections, the entity shall, at a minimum: |
184 | 1. Use wind certification and hurricane mitigation |
185 | inspectors who: |
186 | a. Have prior experience in residential construction or |
187 | inspection and have received specialized training in hurricane |
188 | mitigation procedures. |
189 | b. Have undergone drug testing and background checks. |
190 | c. Have been certified, in a manner satisfactory to the |
191 | department, to conduct the inspections. |
192 | 2. Provide a quality assurance program including a |
193 | reinspection component. |
194 | (2) GRANTS.--Financial grants shall be used to encourage |
195 | single-family, site-built, owner-occupied, residential property |
196 | owners to retrofit their properties to make them less vulnerable |
197 | to hurricane damage. |
198 | (a) To be eligible for a grant, a residential property |
199 | must: |
200 | 1. Have been granted a homestead exemption under chapter |
201 | 196. |
202 | 2. Be a dwelling with an insured value of $500,000 or |
203 | less. |
204 | 3. Have undergone an acceptable wind certification and |
205 | hurricane mitigation inspection. |
206 |
|
207 | A residential property which is part of a multi-family |
208 | residential unit may receive a grant only if all homeowners |
209 | participate and the total number of units does not exceed four. |
210 | (b) All grants must be matched on a dollar-for-dollar |
211 | basis for a total of $10,000 for the mitigation project with the |
212 | state's contribution not to exceed $5,000. |
213 | (c) The program shall create a process in which mitigation |
214 | contractors agree to participate and seek reimbursement from the |
215 | state and homeowners select from a list of participating |
216 | contractors. All mitigation must be based upon the securing of |
217 | all required local permits and inspections. Mitigation projects |
218 | are subject to random reinspection of up to at least 10 percent |
219 | of all projects. |
220 | (d) Matching fund grants shall also be made available to |
221 | local governments and nonprofit entities for projects that will |
222 | reduce hurricane damage to single-family, site-built, owner- |
223 | occupied, residential property. |
224 | (3) LOANS.--Financial incentives shall be provided as |
225 | authorized by s. 215.558. |
226 | (4) EDUCATION AND CONSUMER AWARENESS.--Multimedia public |
227 | education, awareness, and advertising efforts designed to |
228 | specifically address mitigation techniques shall be employed, as |
229 | well as a component to support ongoing consumer resources and |
230 | referral services. |
231 | (5) MANUFACTURED HOUSING AND MOBILE HOME HURRICANE |
232 | MITIGATION PROGRAM.--The Manufactured Housing and Mobile Home |
233 | Hurricane Mitigation Program shall be also be implemented under |
234 | the Florida Comprehensive Hurricane Damage Mitigation Program. |
235 | (a) The program shall require the mitigation of damage to |
236 | homes for the areas of concern raised by the Department of |
237 | Highway Safety and Motor Vehicles in the 2004-2005 Hurricane |
238 | Reports on the effects of the 2004 and 2005 hurricanes on |
239 | manufactured and mobile homes in this state. The mitigation |
240 | shall include, but not be limited to, problems associated with |
241 | weakened trusses, studs, and other structural components, site- |
242 | built additions, or tie-down systems and may also address any |
243 | other issues deemed appropriate by the Department of Financial |
244 | Services upon consultation with the Department of Community |
245 | Affairs, Tallahassee Community College, the Federation of |
246 | Manufactured Home Owners of Florida, Inc., the Florida |
247 | Manufactured Housing Association, and the Department of Highway |
248 | Safety and Motor Vehicles. The program may include an education |
249 | and outreach component to ensure that owners of manufactured and |
250 | mobile homes are aware of the benefits of participation. |
251 | (b) The program shall include the offering of a matching |
252 | grant to owners of manufactured and mobile homes manufactured |
253 | after 1993 only. Homeowners accepted for the program shall be |
254 | eligible to qualify for a $5,000 dollar-for-dollar matching |
255 | grant in which the homeowner may receive up to $2,500 in state |
256 | moneys. The moneys appropriated for this program shall be |
257 | distributed directly to the Department of Financial Services for |
258 | the uses set forth under this paragraph. |
259 | (c) Upon evidence of completion of the program, the |
260 | Citizens Property Insurance Corporation shall grant, on a pro |
261 | rata basis, actuarially reasonable discounts, credits, or other |
262 | rate differentials or appropriate reductions in deductibles for |
263 | the properties of owners of manufactured homes or mobile homes |
264 | on which fixtures or construction techniques that have been |
265 | demonstrated to reduce the amount of loss in a windstorm have |
266 | been installed or implemented. The discount on the premium shall |
267 | be applied to subsequent renewal premium amounts. Premiums of |
268 | the Citizens Property Insurance Corporation shall reflect the |
269 | location of the home and the fact that the home has been |
270 | installed in compliance with building codes adopted after |
271 | Hurricane Andrew. |
272 | (d) On or before January 1 of each year, the Department of |
273 | Financial Services shall provide a report of activities under |
274 | this subsection to the Governor, the President of the Senate, |
275 | and the Speaker of the House of Representatives. The report |
276 | shall set forth the number of manufactured homes and mobile |
277 | homes that have taken advantage of the program, the types of |
278 | enhancements and improvements made to the manufactured homes or |
279 | mobile homes and attachments to such homes, and whether there |
280 | has been an increase of availability of insurance products to |
281 | owners of manufactured homes or mobile homes. |
282 | (6) ADVISORY COUNCIL.--There is created an advisory |
283 | council to provide advice and assistance to the program |
284 | administrator with regard to his or her administration of the |
285 | program. The advisory council shall consist of: |
286 | (a) A representative of lending institutions, selected by |
287 | the Financial Services Commission from a list of at least three |
288 | persons recommended by the Florida Bankers Association. |
289 | (b) A representative of residential property insurers, |
290 | selected by the Financial Services Commission from a list of at |
291 | least three persons recommended by the Florida Insurance |
292 | Council. |
293 | (c) A representative of home builders, selected by the |
294 | Financial Services Commission from a list of at least three |
295 | persons recommended by the Florida Home Builders Association. |
296 | (d) A faculty member of a state university, selected by |
297 | the Financial Services Commission, who is an expert in |
298 | hurricane-resistant construction methodologies and materials. |
299 | (e) Two members of the House of Representatives, selected |
300 | by the Speaker of the House of Representatives. |
301 | (f) Two members of the Senate, selected by the President |
302 | of the Senate. |
303 | (g) The Chief Executive Officer of the Federal Alliance |
304 | for Safe Homes, Inc., or his or her designee. |
305 | (h) The senior officer of the Florida Hurricane |
306 | Catastrophe Fund. |
307 | (i) The executive director of Citizens Property Insurance |
308 | Corporation. |
309 | (j) The director of the Division of Emergency Management |
310 | of the Department of Community Affairs. |
311 |
|
312 | Members appointed under paragraphs (a)-(d) shall serve at the |
313 | pleasure of the Financial Services Commission. Members appointed |
314 | under paragraphs (e) and (f) shall serve at the pleasure of the |
315 | appointing officer. All other members shall serve voting ex |
316 | officio. Members of the advisory council shall serve without |
317 | compensation but may receive reimbursement as provided in s. |
318 | 112.061 for per diem and travel expenses incurred in the |
319 | performance of their official duties. |
320 | (7) FEDERAL FUNDING.-The department shall use its best |
321 | efforts to obtain grants or funds from the federal government to |
322 | supplement the financial resources of the program. |
323 | (8) RULES.--The Department of Financial Services shall |
324 | adopt rules pursuant to ss. 120.536(1) and 120.54 governing the |
325 | Florida Comprehensive Hurricane Damage Mitigation Program. |
326 | Section 3. Section 215.559, Florida Statutes, is amended |
327 | to read: |
328 | 215.559 Hurricane Loss Mitigation Program.-- |
329 | (1) There is created a Hurricane Loss Mitigation Program. |
330 | The Legislature shall annually appropriate $10 million of the |
331 | moneys authorized for appropriation under s. 215.555(7)(c) from |
332 | the Florida Hurricane Catastrophe Fund to the Department of |
333 | Community Affairs for the purposes set forth in this section. |
334 | (2)(a) Seven million dollars in funds provided in |
335 | subsection (1) shall be used for programs to improve the wind |
336 | resistance of residences and mobile homes, including loans, |
337 | subsidies, grants, demonstration projects, and direct |
338 | assistance; cooperative programs with local governments and the |
339 | Federal Government; and other efforts to prevent or reduce |
340 | losses or reduce the cost of rebuilding after a disaster. |
341 | (b) Three million dollars in funds provided in subsection |
342 | (1) shall be used to retrofit existing facilities used as public |
343 | hurricane shelters. The department must prioritize the use of |
344 | these funds for projects included in the September 1, 2000, |
345 | version of the Shelter Retrofit Report prepared in accordance |
346 | with s. 252.385(3), and each annual report thereafter. The |
347 | department must give funding priority to projects in regional |
348 | planning council regions that have shelter deficits and to |
349 | projects that maximize use of state funds. |
350 | (3) By the 2006-2007 fiscal year, the Department of |
351 | Community Affairs shall develop a low-interest loan program for |
352 | homeowners and mobile home owners to retrofit their homes with |
353 | fixtures or apply construction techniques that have been |
354 | demonstrated to reduce the amount of damage or loss due to a |
355 | hurricane. Funding for the program shall be used to subsidize or |
356 | guaranty private-sector loans for this purpose to qualified |
357 | homeowners by financial institutions chartered by the state or |
358 | Federal Government. The department may enter into contracts with |
359 | financial institutions for this purpose. The department shall |
360 | establish criteria for determining eligibility for the loans and |
361 | selecting recipients, standards for retrofitting homes or mobile |
362 | homes, limitations on loan subsidies and loan guaranties, and |
363 | other terms and conditions of the program, which must be |
364 | specified in the department's report to the Legislature on |
365 | January 1, 2006, required by subsection (8). For the 2005-2006 |
366 | fiscal year, the Department of Community Affairs may use up to |
367 | $1 million of the funds appropriated pursuant to paragraph |
368 | (2)(a) to begin the low-interest loan program as a pilot project |
369 | in one or more counties. The Department of Financial Services, |
370 | the Office of Financial Regulation, the Florida Housing Finance |
371 | Corporation, and the Office of Tourism, Trade, and Economic |
372 | Development shall assist the Department of Community Affairs in |
373 | establishing the program and pilot project. The department may |
374 | use up to 2.5 percent of the funds appropriated in any given |
375 | fiscal year for administering the loan program. The department |
376 | may adopt rules to implement the program. |
377 | (3)(4) Forty percent of the total appropriation in |
378 | paragraph (2)(a) shall be used to inspect and improve tie-downs |
379 | for mobile homes. Within 30 days after the effective date of |
380 | that appropriation, the department shall contract with a public |
381 | higher educational institution in this state which has previous |
382 | experience in administering the programs set forth in this |
383 | subsection to serve as the administrative entity and fiscal |
384 | agent pursuant to s. 216.346 for the purpose of administering |
385 | the programs set forth in this subsection in accordance with |
386 | established policy and procedures. The administrative entity |
387 | working with the advisory council set up under subsection (6) |
388 | shall develop a list of mobile home parks and counties that may |
389 | be eligible to participate in the tie-down program. |
390 | (4)(5) Of moneys provided to the Department of Community |
391 | Affairs in paragraph (2)(a), 10 percent shall be allocated to a |
392 | Type I Center within the State University System dedicated to |
393 | hurricane research. The Type I Center shall develop a |
394 | preliminary work plan approved by the advisory council set forth |
395 | in subsection (6) to eliminate the state and local barriers to |
396 | upgrading existing mobile homes and communities, research and |
397 | develop a program for the recycling of existing older mobile |
398 | homes, and support programs of research and development relating |
399 | to hurricane loss reduction devices and techniques for site- |
400 | built residences. The State University System also shall consult |
401 | with the Department of Community Affairs and assist the |
402 | department with the report required under subsection (8). |
403 | (5)(6) The Department of Community Affairs shall develop |
404 | the programs set forth in this section in consultation with an |
405 | advisory council consisting of a representative designated by |
406 | the Chief Financial Officer, a representative designated by the |
407 | Florida Home Builders Association, a representative designated |
408 | by the Florida Insurance Council, a representative designated by |
409 | the Federation of Manufactured Home Owners, a representative |
410 | designated by the Florida Association of Counties, and a |
411 | representative designated by the Florida Manufactured Housing |
412 | Association. |
413 | (6)(7) Moneys provided to the Department of Community |
414 | Affairs under this section are intended to supplement other |
415 | funding sources of the Department of Community Affairs and may |
416 | not supplant other funding sources of the Department of |
417 | Community Affairs. |
418 | (7)(8) On January 1st of each year, the Department of |
419 | Community Affairs shall provide a full report and accounting of |
420 | activities under this section and an evaluation of such |
421 | activities to the Speaker of the House of Representatives, the |
422 | President of the Senate, and the Majority and Minority Leaders |
423 | of the House of Representatives and the Senate. |
424 | (8)(9) This section is repealed June 30, 2011. |
425 |
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426 |
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427 | ======== T I T L E A M E N D M E N T ======== |
428 | Remove line(s) 4535-4786 and insert: |
429 | An act relating to property and casualty insurance; |
430 | creating s. 215.558, F.S.; creating the Florida Hurricane |
431 | Damage Prevention Endowment; providing a purpose and |
432 | legislative intent; providing definitions; providing |
433 | requirements and authority for investment of endowment |
434 | assets by the State Board of Administration; requiring a |
435 | report to the Legislature; providing for payment of the |
436 | board's investment services' costs and fees from the |
437 | endowment; providing requirements of the Department of |
438 | Financial Services in providing financial incentives for |
439 | residential hurricane damage prevention activities; |
440 | providing for an interest-free loan program; providing |
441 | program criteria and requirements; creating an advisory |
442 | council for certain purposes; providing for appointment of |
443 | members; requiring members to serve without compensation; |
444 | providing for per diem and travel expenses; creating s. |
445 | 215.5586, F.S.; establishing the Florida Comprehensive |
446 | Hurricane Damage Mitigation Program within the Department |
447 | of Financial Services; providing qualifications for the |
448 | program administrator; providing program components and |
449 | requirements; providing for wind certification and |
450 | hurricane mitigation inspections; providing inspection |
451 | requirements; providing inspector eligibility |
452 | requirements; providing for grants; providing grant |
453 | requirements; providing for loans; providing public |
454 | education and consumer awareness requirements; creating |
455 | the Manufactured Housing and Mobile Home Hurricane |
456 | Mitigation Program for certain purposes; requiring the |
457 | Department of Financial Services to develop the program in |
458 | consultation with certain entities; specifying |
459 | requirements of the program; specifying the program as a |
460 | matching grant program for improvement of mobile homes and |
461 | manufactured homes; providing for distribution of the |
462 | grants to the Department of Financial Services for certain |
463 | purposes; requiring Citizens Property Insurance |
464 | Corporation to grant certain insurance discounts, credits, |
465 | rate differentials, or deductible reductions for property |
466 | insurance premiums for certain manufactured home or mobile |
467 | home owners; specifying criteria for such premiums; |
468 | requiring a program report each year to the Governor and |
469 | Legislature; providing report requirements; creating an |
470 | advisory council; providing for appointment of members; |
471 | specifying service without compensation; providing for per |
472 | diem and travel expense reimbursements; requiring the |
473 | department to obtain supplemental federal grants or funds |
474 | for the program; requiring the department to adopt rules; |
475 | amending s. 215.559, F.S.; deleting a provision requiring |
476 | the Department of Community Affairs to develop a low |
477 | interest loan program; creating the Task Force on |
478 | Hurricane Mitigation and |