| 1 | A bill to be entitled |
| 2 | An act relating to hurricane damage mitigation; amending |
| 3 | s. 215.5586, F.S.; redesignating the Florida Comprehensive |
| 4 | Hurricane Damage Mitigation Program as the My Safe Florida |
| 5 | Home Program; providing additional duties of the |
| 6 | Department of Financial Services; providing additional |
| 7 | legislative intent; revising criteria and requirements for |
| 8 | wind certification and hurricane mitigation inspections; |
| 9 | requiring the department to maintain a list of certain |
| 10 | inspectors; revising requirements for mitigation grants; |
| 11 | authorizing inspectors to participate as contractors under |
| 12 | certain circumstances; providing for priorities of grants; |
| 13 | requiring the department to develop a grant applications |
| 14 | verification and collection process; requiring the |
| 15 | department to transfer certain appropriated funds to |
| 16 | Volunteer Florida Foundation, Inc., for certain purposes; |
| 17 | specifying duties of Volunteer Florida Foundation, Inc.; |
| 18 | authorizing the department to undertake a statewide |
| 19 | consumer information campaign; requiring the advisory |
| 20 | council to advise and assist the department in |
| 21 | administering the program; expanding the department's |
| 22 | authorization to enhance financial resource funding of the |
| 23 | program; revising the department's rulemaking authority; |
| 24 | deleting provisions authorizing the department to contract |
| 25 | with not-for-profit corporations; requiring the department |
| 26 | to develop a no-interest loan program; providing program |
| 27 | requirements and limitations; requiring the department to |
| 28 | pay certain creditors from funds appropriated for the |
| 29 | program; providing loan eligibility criteria; requiring |
| 30 | the department to set aside certain funds for program |
| 31 | purposes; requiring the department to adopt rules; |
| 32 | providing for public outreach for contractors and real |
| 33 | estate brokers and licensed sales associates; authorizing |
| 34 | the department to contract for grants management, |
| 35 | inspection services, education outreach, and auditing |
| 36 | services; providing additional legislative intent; |
| 37 | requiring the department to make annual reports on the |
| 38 | program; providing report requirements; amending s. |
| 39 | 215.559, F.S.; requiring the Legislature to make an annual |
| 40 | appropriation from the Florida Hurricane Catastrophe Fund |
| 41 | to the Florida Catastrophic Storm Risk Management Center |
| 42 | of Excellence; creating s. 215.5597, F.S.; creating the |
| 43 | Florida Catastrophic Storm Risk Management Center of |
| 44 | Excellence at Florida State University; providing |
| 45 | purposes; providing responsibilities of the center; |
| 46 | amending s. 489.115, F.S.; including wind mitigation |
| 47 | methodologies under certain continuing education |
| 48 | requirements for contractors; amending ss. 4, 39, and 42 |
| 49 | of ch. 2006-12, Laws of Florida; providing conforming |
| 50 | changes to the redesignation of the Florida Comprehensive |
| 51 | Hurricane Damage Mitigation Program; providing an |
| 52 | effective date. |
| 53 |
|
| 54 | Be It Enacted by the Legislature of the State of Florida: |
| 55 |
|
| 56 | Section 1. Section 215.5586, Florida Statutes, is amended |
| 57 | to read: |
| 58 | 215.5586 My Safe Florida Home Comprehensive Hurricane |
| 59 | Damage Mitigation Program.--There is established within the |
| 60 | Department of Financial Services the My Safe Florida Home |
| 61 | Comprehensive Hurricane Damage Mitigation Program. The |
| 62 | department shall provide fiscal accountability, contract |
| 63 | management, and strategic leadership for the program, consistent |
| 64 | with this section. This section does not create an entitlement |
| 65 | for property owners or obligate the state in any way to fund the |
| 66 | inspection or retrofitting of residential property in this |
| 67 | state. Implementation of this program is subject to annual |
| 68 | legislative appropriations. It is the intent of the Legislature |
| 69 | that the My Safe Florida Home Program provide inspections for at |
| 70 | least 400,000 site-built, single-family, residential properties |
| 71 | and provide grants to at least 35,000 applicants before June 30, |
| 72 | 2009. The program shall be administered by an individual with |
| 73 | prior executive experience in the private sector in the areas of |
| 74 | insurance, business, or construction. The program shall develop |
| 75 | and implement a comprehensive and coordinated approach for |
| 76 | hurricane damage mitigation that shall include the following: |
| 77 | (1) WIND CERTIFICATION AND HURRICANE MITIGATION |
| 78 | INSPECTIONS.-- |
| 79 | (a) Free home-retrofit inspections of site-built, |
| 80 | single-family, residential property, including single-family, |
| 81 | two-family, three-family, or four-family residential units, |
| 82 | shall be offered throughout the state to determine what |
| 83 | mitigation measures are needed, what insurance premium discounts |
| 84 | may be available, and what improvements to existing residential |
| 85 | properties are needed to reduce the property's vulnerability to |
| 86 | hurricane damage. The Department of Financial Services shall |
| 87 | establish a request for proposals to solicit proposals from wind |
| 88 | certification entities to provide free at no cost to homeowners |
| 89 | wind certification and hurricane mitigation inspections. The |
| 90 | inspections provided to homeowners, at a minimum, must include: |
| 91 | 1. A home inspection and report that summarizes the |
| 92 | results and identifies corrective actions a homeowner may take |
| 93 | to mitigate hurricane damage. |
| 94 | 2. A range of cost estimates regarding the mitigation |
| 95 | features. |
| 96 | 3. Insurer-specific information regarding premium |
| 97 | discounts correlated to recommended mitigation features |
| 98 | identified by the inspection. |
| 99 | 4. A hurricane resistance rating scale specifying the |
| 100 | home's current as well as projected wind resistance |
| 101 | capabilities. |
| 102 | (b) To qualify for selection by the department as a |
| 103 | provider of wind certification and hurricane mitigation |
| 104 | inspections, the entity shall, at a minimum: |
| 105 | 1. Use wind certification and hurricane mitigation |
| 106 | inspectors who: |
| 107 | a. Have prior experience in residential construction or |
| 108 | inspection and have received specialized training in hurricane |
| 109 | mitigation procedures. Such training may be provided by a class |
| 110 | offered online or in person. |
| 111 | b. Have undergone drug testing and level 2 background |
| 112 | checks pursuant to s. 435.04. The department is authorized to |
| 113 | conduct criminal record checks of inspectors. Inspectors must |
| 114 | submit a set of the fingerprints to the department for state and |
| 115 | national criminal history checks and must pay the fingerprint |
| 116 | processing fee set forth in s. 624.501. The fingerprints shall |
| 117 | be sent by the department to the Department of Law Enforcement |
| 118 | and forwarded to the Federal Bureau of Investigation for |
| 119 | processing. The results shall be returned to the department for |
| 120 | screening. The fingerprints shall be taken by a law enforcement |
| 121 | agency, designated examination center, or other department- |
| 122 | approved entity. Wind certification and hurricane mitigation |
| 123 | inspectors participating in the program on the effective date of |
| 124 | this act shall have until June 1, 2007, to meet the requirements |
| 125 | for a criminal record check. |
| 126 | c. Have been certified, in a manner satisfactory to the |
| 127 | department, to conduct the inspections. |
| 128 | 2. Provide a quality assurance program including a |
| 129 | reinspection component. |
| 130 | (c) An application for an inspection must contain a signed |
| 131 | or electronically verified statement made under penalty of |
| 132 | perjury that the applicant has submitted only a single |
| 133 | application. |
| 134 | (d) The owner of a site-built, single-family, residential |
| 135 | property may apply for and receive an inspection without also |
| 136 | applying for a grant pursuant to subsection (2) and without |
| 137 | meeting the requirements of paragraph (2)(a). |
| 138 | (e) The department shall develop and maintain as a public |
| 139 | record a current list of wind certification and hurricane |
| 140 | mitigation inspectors authorized to conduct wind certification |
| 141 | and hurricane mitigation inspections pursuant to this section. |
| 142 | (2) MITIGATION GRANTS.--Financial grants shall be used to |
| 143 | encourage single-family, site-built, owner-occupied, residential |
| 144 | property owners to retrofit their properties to make them less |
| 145 | vulnerable to hurricane damage. |
| 146 | (a) To be eligible for a grant, a residential property |
| 147 | must: |
| 148 | 1. Have been granted a homestead exemption under chapter |
| 149 | 196. |
| 150 | 2. Be a dwelling with an insured value of $500,000 or |
| 151 | less. Homeowners who are low-income persons, as defined in s. |
| 152 | 420.0004(10), are exempt from this requirement. |
| 153 | 3. Have undergone an acceptable wind certification and |
| 154 | hurricane mitigation inspection, if the property is an existing |
| 155 | structure. |
| 156 |
|
| 157 | An application for a grant must contain a signed or |
| 158 | electronically verified statement made under penalty of perjury |
| 159 | that the applicant has submitted only a single application and |
| 160 | must have attached documents demonstrating the applicant meets |
| 161 | the requirements of this paragraph. A residential property which |
| 162 | is part of a multifamily residential unit may receive a grant |
| 163 | only if all homeowners participate and the total number of units |
| 164 | does not exceed four. |
| 165 | (b) All grants must be matched on a dollar-for-dollar |
| 166 | basis for a total of $10,000 for the actual cost of the |
| 167 | mitigation project with the state's contribution not to exceed |
| 168 | $5,000. |
| 169 | (c) The program shall create a process in which mitigation |
| 170 | contractors agree to participate and seek reimbursement from the |
| 171 | state and homeowners select from a list of participating |
| 172 | contractors. All mitigation must be based upon the securing of |
| 173 | all required local permits and inspections. Mitigation projects |
| 174 | are subject to random reinspection of up to at least 5 10 |
| 175 | percent of all projects. Wind certification and hurricane |
| 176 | mitigation inspectors qualifying for the program may also |
| 177 | participate as mitigation contractors as long as the inspectors |
| 178 | meet the department's qualifications and certification |
| 179 | requirements for mitigation contractors. |
| 180 | (d) Matching fund grants shall also be made available to |
| 181 | local governments and nonprofit entities for projects that will |
| 182 | reduce hurricane damage to single-family, site-built, owner- |
| 183 | occupied, residential property. |
| 184 | (e) Grants may be used for the following improvements: |
| 185 | 1. Roof deck attachment. |
| 186 | 2. Secondary water barrier. |
| 187 | 3. Roof covering. |
| 188 | 4. Brace gable ends. |
| 189 | 5. Reinforce roof-to-wall connections. |
| 190 | 6. Opening protection. |
| 191 | 7. Exterior doors, including garage doors. |
| 192 | (f) Grants may be used on a previously inspected existing |
| 193 | structure or on a rebuild. A rebuild is defined as a site-built, |
| 194 | single-family dwelling under construction to replace a home that |
| 195 | was destroyed or significantly damaged by a hurricane and deemed |
| 196 | unlivable by a regulatory authority. The homeowner must have had |
| 197 | a homestead exemption prior to the hurricane and maintained the |
| 198 | homestead exemption. |
| 199 | (g) Low-income homeowners, as defined in s. 420.0004(10), |
| 200 | who otherwise meet the requirements of paragraphs (a), (c), (e), |
| 201 | and (f) are eligible for a grant of up to $5,000 and are not |
| 202 | required to provide a matching amount to receive the grant. |
| 203 | Additionally, for low-income homeowners, grant funding may be |
| 204 | used for repair to existing structures leading to any of the |
| 205 | mitigation improvements provided in paragraph (e), limited to 20 |
| 206 | percent of the grant value. The program may accept a |
| 207 | certification directly from a low-income homeowner that the |
| 208 | homeowner meets the requirements of s. 420.0004(10) if the |
| 209 | homeowner provides such certification in a signed or |
| 210 | electronically verified statement made under penalty of perjury. |
| 211 | (h) Priority of grants shall be given to site-built, |
| 212 | single-family, residential properties: |
| 213 | 1. Built prior to the adoption of the American Society of |
| 214 | Civil Engineers Standard 7, 2002 edition (ACSE 7-02) into the |
| 215 | Florida Building Code; |
| 216 | 2. In coastal counties; |
| 217 | 3. In interior counties significantly impacted by the |
| 218 | hurricanes of 2004 and 2005; or |
| 219 | 4. Insured by Citizens Property Insurance Corporation in |
| 220 | the high risk account. |
| 221 | (i) The department shall develop a process that ensures |
| 222 | the most efficient means to collect and verify grant |
| 223 | applications to determine eligibility and may direct wind |
| 224 | certification inspectors to collect and verify grant application |
| 225 | information or use the Internet or other electronic means to |
| 226 | collect information and determine eligibility. |
| 227 | (j) The department shall transfer the amount of $40 |
| 228 | million from funds appropriated to the program, including up to |
| 229 | 5 percent for administrative costs, to Volunteer Florida |
| 230 | Foundation, Inc., for provision of inspections and grants to |
| 231 | low-income homeowners, as defined in s. 420.0004(10), consistent |
| 232 | with this section. Volunteer Florida Foundation, Inc., shall be |
| 233 | responsible for inspections and grants management for low-income |
| 234 | homeowners and shall report its activities and account for state |
| 235 | funds on a quarterly and annual basis to the Chief Financial |
| 236 | Officer, the President of the Senate, and the Speaker of the |
| 237 | House of Representatives. |
| 238 | (3) EDUCATION AND CONSUMER AWARENESS.--The department may |
| 239 | undertake a statewide multimedia public outreach and advertising |
| 240 | campaign to inform consumers of the availability and benefits of |
| 241 | hurricane inspections and of the safety and financial benefits |
| 242 | of residential hurricane damage mitigation. The department may |
| 243 | seek out and use local, state, federal, and private funds to |
| 244 | support the campaign. Multimedia public education, awareness, |
| 245 | and advertising efforts designed to specifically address |
| 246 | mitigation techniques shall be employed, as well as a component |
| 247 | to support ongoing consumer resources and referral services. |
| 248 | (4) ADVISORY COUNCIL.--There is created an advisory |
| 249 | council to provide advice and assistance to the department |
| 250 | regarding program administrator with regard to his or her |
| 251 | administration of the program. The advisory council shall |
| 252 | consist of: |
| 253 | (a) A representative of lending institutions, selected by |
| 254 | the Financial Services Commission from a list of at least three |
| 255 | persons recommended by the Florida Bankers Association. |
| 256 | (b) A representative of residential property insurers, |
| 257 | selected by the Financial Services Commission from a list of at |
| 258 | least three persons recommended by the Florida Insurance |
| 259 | Council. |
| 260 | (c) A representative of home builders, selected by the |
| 261 | Financial Services Commission from a list of at least three |
| 262 | persons recommended by the Florida Home Builders Association. |
| 263 | (d) A faculty member of a state university, selected by |
| 264 | the Financial Services Commission, who is an expert in |
| 265 | hurricane-resistant construction methodologies and materials. |
| 266 | (e) Two members of the House of Representatives, selected |
| 267 | by the Speaker of the House of Representatives. |
| 268 | (f) Two members of the Senate, selected by the President |
| 269 | of the Senate. |
| 270 | (g) The Chief Executive Officer of the Federal Alliance |
| 271 | for Safe Homes, Inc., or his or her designee. |
| 272 | (h) The senior officer of the Florida Hurricane |
| 273 | Catastrophe Fund. |
| 274 | (i) The executive director of Citizens Property Insurance |
| 275 | Corporation. |
| 276 | (j) The director of the Division of Emergency Management |
| 277 | of the Department of Community Affairs. |
| 278 |
|
| 279 | Members appointed under paragraphs (a)-(d) shall serve at the |
| 280 | pleasure of the Financial Services Commission. Members appointed |
| 281 | under paragraphs (e) and (f) shall serve at the pleasure of the |
| 282 | appointing officer. All other members shall serve voting ex |
| 283 | officio. Members of the advisory council shall serve without |
| 284 | compensation but may receive reimbursement as provided in s. |
| 285 | 112.061 for per diem and travel expenses incurred in the |
| 286 | performance of their official duties. |
| 287 | (5) FEDERAL FUNDING.--The department may seek out and |
| 288 | leverage local, state, federal, or private funds to enhance |
| 289 | shall use its best efforts to obtain grants or funds from the |
| 290 | federal government to supplement the financial resources of the |
| 291 | program, consistent with this section. |
| 292 | (6) RULES.--The Department of Financial Services shall |
| 293 | adopt rules pursuant to ss. 120.536(1) and 120.54 to govern |
| 294 | governing the Florida Comprehensive Hurricane Damage Mitigation |
| 295 | program, implement the provisions of this section, including |
| 296 | rules governing wind certification and hurricane mitigation |
| 297 | inspections, mitigation contractors, and training of inspectors |
| 298 | and contractors, and carry out the duties of the department |
| 299 | under this section. The department shall also adopt rules |
| 300 | establishing priorities for grants provided under this section |
| 301 | based on objective criteria that gives priority to reducing the |
| 302 | state's probable maximum loss from hurricanes. However, pursuant |
| 303 | to this overall goal, the department may further establish |
| 304 | priorities based on the insured value of the dwelling, whether |
| 305 | or not the dwelling is insured by Citizens Property Insurance |
| 306 | Corporation and whether or not the area under consideration has |
| 307 | sufficient resources and the ability to perform the retrofitting |
| 308 | required. |
| 309 | (7) CONTRACTS WITH NOT-FOR-PROFIT CORPORATIONS.--The |
| 310 | Department of Financial Services is authorized to contract with |
| 311 | not-for-profit corporations to conduct all or portions of the |
| 312 | program and to increase the awareness of the benefits of |
| 313 | mitigation among homeowners in this state. The department shall |
| 314 | consider the not-for-profit corporation's ability to raise funds |
| 315 | from the private sector to provide for mitigation grants, as |
| 316 | well as administrative capabilities for conducting other |
| 317 | business related to the program. |
| 318 | (7)(8) WIND CERTIFICATION AND HURRICANE MITIGATION |
| 319 | INSPECTOR LIST.--The department shall develop and maintain as a |
| 320 | public record a current list of wind certification and hurricane |
| 321 | mitigation inspectors authorized to conduct wind certification |
| 322 | and hurricane mitigation inspections pursuant to this section. |
| 323 | (8) NO-INTEREST LOANS.--The department shall develop a no- |
| 324 | no-interest loan program by December 31, 2007, to encourage the |
| 325 | private sector to provide loans to owners of site-built, |
| 326 | single-family, residential property to pay for mitigation |
| 327 | measures listed in subsection (2). A loan eligible for interest |
| 328 | payments pursuant to this subsection may be for a term of up to |
| 329 | 3 years and cover up to $5,000 in mitigation measures. The |
| 330 | department shall pay the creditor the market rate of interest |
| 331 | using funds appropriated for the My Safe Florida Home program. |
| 332 | In no case shall the department pay more than the interest rate |
| 333 | set by s. 687.03. To be eligible for a loan, a loan applicant |
| 334 | must first obtain a home inspection and report that specifies |
| 335 | what improvements are needed to reduce the property's |
| 336 | vulnerability to windstorm damage pursuant to this section and |
| 337 | meet loan underwriting requirements set by the lender. The |
| 338 | department shall set aside $10 million from funds appropriated |
| 339 | for the My Safe Florida Home program to implement this |
| 340 | subsection. The department shall adopt rules pursuant to ss. |
| 341 | 120.36(1) and 120.54 to implement this subsection. |
| 342 | (9) PUBLIC OUTREACH FOR CONTRACTORS AND REAL ESTATE |
| 343 | BROKERS AND SALES ASSOCIATES.--The program shall develop |
| 344 | brochures for distribution to general contractors, roofing |
| 345 | contractors, and real estate brokers and sales associates |
| 346 | licensed under part I of chapter 475 explaining the benefits to |
| 347 | homeowners of residential hurricane damage mitigation. The |
| 348 | program shall encourage contractors to distribute the brochures |
| 349 | to homeowners at the first meeting with a homeowner who is |
| 350 | considering contracting for home or roof repairs or contracting |
| 351 | for the construction of a new home. The program shall encourage |
| 352 | real estate brokers and sales associates licensed under part I |
| 353 | of chapter 475 to distribute the brochures to clients prior to |
| 354 | the purchase of a home. The brochures may be made available |
| 355 | electronically. |
| 356 | (10) CONTRACT MANAGEMENT.--The department may contract |
| 357 | with third parties for grants management, inspection services, |
| 358 | educational outreach, and auditing services. Such contracts |
| 359 | shall be considered direct costs of the program and shall not be |
| 360 | subject to administrative cost limits, but contracts valued at |
| 361 | $500,000 or more shall be subject to review and approval by the |
| 362 | Legislative Budget Commission. The department shall contract |
| 363 | with providers that have a demonstrated record of successful |
| 364 | business operations in areas directly related to the services to |
| 365 | be provided and shall ensure the highest accountability for use |
| 366 | of state funds, consistent with this section. |
| 367 | (11) INTENT.--It is the intent of the Legislature that |
| 368 | grants made to residential property owners under this section |
| 369 | shall be considered disaster-relief assistance within the |
| 370 | meaning of s. 139 of the Internal Revenue Code of 1986, as |
| 371 | amended. |
| 372 | (12) REPORTS.--The department shall make an annual report |
| 373 | on the activities of the program that shall account for the use |
| 374 | of state funds and indicate the number of inspections requested, |
| 375 | the number of inspections performed, the number of grant |
| 376 | applications received, and the number and value of grants |
| 377 | approved. The report shall be delivered to the President of the |
| 378 | Senate and the Speaker of the House of Representatives by |
| 379 | February 1 of each year. |
| 380 | Section 2. Subsection (1) of section 215.559, Florida |
| 381 | Statutes, is amended to read: |
| 382 | 215.559 Hurricane Loss Mitigation Program.-- |
| 383 | (1) There is created a Hurricane Loss Mitigation Program. |
| 384 | The Legislature shall annually appropriate $10 million of the |
| 385 | moneys authorized for appropriation under s. 215.555(7)(c) from |
| 386 | the Florida Hurricane Catastrophe Fund to the Department of |
| 387 | Community Affairs for the purposes set forth in this section. |
| 388 | The Legislature shall annually appropriate $1 million of the |
| 389 | moneys authorized for appropriation under s. 215.555(7)(c) from |
| 390 | the Florida Hurricane Catastrophe Fund to the Florida |
| 391 | Catastrophic Storm Risk Management Center of Excellence. |
| 392 | Section 3. Section 215.5597, Florida Statutes, is created |
| 393 | to read: |
| 394 | 215.5597 Florida Catastrophic Storm Risk Management Center |
| 395 | of Excellence.--The Florida Catastrophic Storm Risk Management |
| 396 | Center of Excellence is created at the Florida State University, |
| 397 | College of Business, Department of Risk Management. The purpose |
| 398 | of the center is to promote and disseminate research on issues |
| 399 | related to hurricane catastrophe loss and to assist in |
| 400 | identifying and developing education and research grant funding |
| 401 | opportunities among higher education institutions in this state |
| 402 | and the private sector. The purpose of activities of the center |
| 403 | is to support the state's ability to prepare for, respond to, |
| 404 | and recover from catastrophic storms. The center shall: |
| 405 | (1) Coordinate and disseminate applied research efforts |
| 406 | that are expected to have an immediate impact on policy and |
| 407 | practices related to windstorm mitigation. |
| 408 | (2) Coordinate and disseminate information related to |
| 409 | catastrophic storm risk management, including, but not limited |
| 410 | to, research and information that would benefit businesses, |
| 411 | consumers, and public policy makers. Areas of interest may |
| 412 | include storm forecasting, loss modeling, building construction |
| 413 | and mitigation, and risk management strategies. Through its |
| 414 | efforts, the center shall facilitate Florida's preparedness for |
| 415 | and responsiveness to catastrophic storms. |
| 416 | (3) Create and promote studies that enhance the |
| 417 | educational options available to risk management and insurance |
| 418 | students. |
| 419 | (4) Publish and disseminate findings. |
| 420 | (5) Organize and sponsor conferences, symposia, and |
| 421 | workshops to educate consumers and policymakers. |
| 422 | Section 4. Paragraph (b) of subsection (4) of section |
| 423 | 489.115, Florida Statutes, is amended to read: |
| 424 | 489.115 Certification and registration; endorsement; |
| 425 | reciprocity; renewals; continuing education.-- |
| 426 | (4) |
| 427 | (b)1. Each certificateholder or registrant shall provide |
| 428 | proof, in a form established by rule of the board, that the |
| 429 | certificateholder or registrant has completed at least 14 |
| 430 | classroom hours of at least 50 minutes each of continuing |
| 431 | education courses during each biennium since the issuance or |
| 432 | renewal of the certificate or registration. The board shall |
| 433 | establish by rule that a portion of the required 14 hours must |
| 434 | deal with the subject of workers' compensation, business |
| 435 | practices, wind mitigation methodologies, and workplace safety. |
| 436 | The board shall by rule establish criteria for the approval of |
| 437 | continuing education courses and providers, including |
| 438 | requirements relating to the content of courses and standards |
| 439 | for approval of providers, and may by rule establish criteria |
| 440 | for accepting alternative nonclassroom continuing education on |
| 441 | an hour-for-hour basis. The board shall prescribe by rule the |
| 442 | continuing education, if any, which is required during the first |
| 443 | biennium of initial licensure. A person who has been licensed |
| 444 | for less than an entire biennium must not be required to |
| 445 | complete the full 14 hours of continuing education. |
| 446 | 2. In addition, the board may approve specialized |
| 447 | continuing education courses on compliance with the wind |
| 448 | resistance provisions for one and two family dwellings contained |
| 449 | in the Florida Building Code and any alternate methodologies for |
| 450 | providing such wind resistance which have been approved for use |
| 451 | by the Florida Building Commission or wind mitigation |
| 452 | methodologies approved by the Department of Financial Services. |
| 453 | Division I certificateholders or registrants who demonstrate |
| 454 | proficiency upon completion of such specialized courses may |
| 455 | certify plans and specifications for one and two family |
| 456 | dwellings to be in compliance with the code or alternate |
| 457 | methodologies, as appropriate, except for dwellings located in |
| 458 | floodways or coastal hazard areas as defined in ss. 60.3D and E |
| 459 | of the National Flood Insurance Program. |
| 460 | 3. Each certificateholder or registrant shall provide to |
| 461 | the board proof of completion of the core curriculum courses, or |
| 462 | passing the equivalency test of the Building Code Training |
| 463 | Program established under s. 553.841, specific to the licensing |
| 464 | category sought, within 2 years after commencement of the |
| 465 | program or of initial certification or registration, whichever |
| 466 | is later. Classroom hours spent taking core curriculum courses |
| 467 | shall count toward the number required for renewal of |
| 468 | certificates or registration. A certificateholder or registrant |
| 469 | who passes the equivalency test in lieu of taking the core |
| 470 | curriculum courses shall receive full credit for core curriculum |
| 471 | course hours. |
| 472 | 4. The board shall require, by rule adopted pursuant to |
| 473 | ss. 120.536(1) and 120.54, a specified number of hours in |
| 474 | specialized or advanced module courses, approved by the Florida |
| 475 | Building Commission, on any portion of the Florida Building |
| 476 | Code, adopted pursuant to part VII of chapter 553, relating to |
| 477 | the contractor's respective discipline. |
| 478 | Section 5. Sections 4, 39, and 42 of chapter 2006-12, Laws |
| 479 | of Florida, are amended to read: |
| 480 | Section 4. Of the funds appropriated for the My Safe |
| 481 | Florida Home Comprehensive Hurricane Damage Mitigation Program |
| 482 | specified in s. 215.5586, Florida Statutes, as created by this |
| 483 | act, $22.5 $7.5 million shall be for the Manufactured Housing |
| 484 | and Mobile Home Mitigation and Enhancement Program specified in |
| 485 | s. 215.559(4)(b), Florida Statutes, as created by this act. The |
| 486 | Department of Financial Services shall use these funds to |
| 487 | contract with Tallahassee Community College to implement the |
| 488 | Manufactured Housing and Mobile Home Mitigation and Enhancement |
| 489 | Program. |
| 490 | Section 39. (1) The Office of Insurance Regulation, in |
| 491 | consultation with the Department of Community Affairs, the |
| 492 | Department of Financial Services, the Federal Alliance for Safe |
| 493 | Homes, the Florida Insurance Council, the Florida Home Builders |
| 494 | Association, the Florida Manufactured Housing Association, the |
| 495 | Risk and Insurance Department of Florida State University, and |
| 496 | the Institute for Business and Homes Safety, shall study and |
| 497 | develop a program that will provide an objective rating system |
| 498 | that will allow homeowners to evaluate the relative ability of |
| 499 | Florida properties to withstand the wind load from a sustained |
| 500 | severe tropical storm or hurricane. |
| 501 | (2) The rating system will be designed in a manner that is |
| 502 | easy to understand for the property owner, based on proven |
| 503 | readily verifiable mitigation techniques and devices, and able |
| 504 | to be implemented based on a visual inspection program. The |
| 505 | Department of Financial Services shall implement a pilot program |
| 506 | for use in the My Safe Florida Home Comprehensive Hurricane |
| 507 | Damage Mitigation Program. |
| 508 | (3) The Department shall provide a report to the Governor, |
| 509 | the President of the Senate, and the Speaker of the House of |
| 510 | Representatives by March 31, 2007, detailing the nature and |
| 511 | construction of the rating scale, its effectiveness based on |
| 512 | implementation in a pilot program, and an operational plan for |
| 513 | statewide implementation of the rating scale. |
| 514 | Section 42. (1) For the 2006-2007 fiscal year, the sum of |
| 515 | $250 million is appropriated on a nonrecurring basis from the |
| 516 | General Revenue Fund to the Insurance Regulatory Trust Fund in |
| 517 | the Department of Financial Services for purposes of the My Safe |
| 518 | Florida Home Comprehensive Hurricane Damage Mitigation Program |
| 519 | specified in s. 215.5586, Florida Statutes, as created by this |
| 520 | act. The department shall establish a separate account within |
| 521 | the trust fund for accounting purposes. |
| 522 | (2) The sum of $250 million is appropriated from the |
| 523 | Insurance Regulatory Trust Fund in the Department of Financial |
| 524 | Services for the purposes set forth in subsection (1). The |
| 525 | department may expend up to 1 percent of the funds appropriated |
| 526 | to administer the program. Beginning October 15, 2007, and |
| 527 | quarterly thereafter, the Chief Financial Officer shall provide |
| 528 | a report to the Executive Office of the Governor and the chair |
| 529 | and vice chair of the Legislative Budget Commission containing |
| 530 | information regarding expenditures made for the purposes set |
| 531 | forth in subsection (1). |
| 532 | (3) Notwithstanding the provisions of s. 216.301, Florida |
| 533 | Statutes, to the contrary, the unexpended balance of |
| 534 | appropriations authorized in subsections (1) and (2) shall not |
| 535 | revert until June 30, 2009. |
| 536 | Section 6. This act shall take effect July 1, 2007. |