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; creating s. |
39 | 1004.647, F.S.; creating the Florida Catastrophic Storm |
40 | Risk Management Center of Excellence at Florida State |
41 | University; providing purposes; providing responsibilities |
42 | of the center; amending s. 489.115, F.S.; including wind |
43 | mitigation methodologies under certain continuing |
44 | education requirements for contractors; amending ss. 4, |
45 | 39, and 42 of ch. 2006-12, Laws of Florida; providing |
46 | conforming changes to the redesignation of the Florida |
47 | Comprehensive Hurricane Damage Mitigation Program; |
48 | providing an appropriation; providing an effective date. |
49 |
|
50 | Be It Enacted by the Legislature of the State of Florida: |
51 |
|
52 | Section 1. Section 215.5586, Florida Statutes, is amended |
53 | to read: |
54 | 215.5586 My Safe Florida Home Comprehensive Hurricane |
55 | Damage Mitigation Program.--There is established within the |
56 | Department of Financial Services the My Safe Florida Home |
57 | Comprehensive Hurricane Damage Mitigation Program. The |
58 | department shall provide fiscal accountability, contract |
59 | management, and strategic leadership for the program, consistent |
60 | with this section. This section does not create an entitlement |
61 | for property owners or obligate the state in any way to fund the |
62 | inspection or retrofitting of residential property in this |
63 | state. Implementation of this program is subject to annual |
64 | legislative appropriations. It is the intent of the Legislature |
65 | that the My Safe Florida Home Program provide inspections for at |
66 | least 400,000 site-built, single-family, residential properties |
67 | and provide grants to at least 35,000 applicants before June 30, |
68 | 2009. The program shall be administered by an individual with |
69 | prior executive experience in the private sector in the areas of |
70 | insurance, business, or construction. The program shall develop |
71 | and implement a comprehensive and coordinated approach for |
72 | hurricane damage mitigation that shall include the following: |
73 | (1) WIND CERTIFICATION AND HURRICANE MITIGATION |
74 | INSPECTIONS.-- |
75 | (a) Free home-retrofit inspections of site-built, |
76 | single-family, residential property, including single-family, |
77 | two-family, three-family, or four-family residential units, |
78 | shall be offered throughout the state to determine what |
79 | mitigation measures are needed, what insurance premium discounts |
80 | may be available, and what improvements to existing residential |
81 | properties are needed to reduce the property's vulnerability to |
82 | hurricane damage. The Department of Financial Services shall |
83 | establish a request for proposals to solicit proposals from wind |
84 | certification entities to provide free at no cost to homeowners |
85 | wind certification and hurricane mitigation inspections. The |
86 | inspections provided to homeowners, at a minimum, must include: |
87 | 1. A home inspection and report that summarizes the |
88 | results and identifies corrective actions a homeowner may take |
89 | to mitigate hurricane damage. |
90 | 2. A range of cost estimates regarding the mitigation |
91 | features. |
92 | 3. Insurer-specific information regarding premium |
93 | discounts correlated to recommended mitigation features |
94 | identified by the inspection. |
95 | 4. A hurricane resistance rating scale specifying the |
96 | home's current as well as projected wind resistance |
97 | capabilities. |
98 | (b) To qualify for selection by the department as a |
99 | provider of wind certification and hurricane mitigation |
100 | inspections, the entity shall, at a minimum: |
101 | 1. Use wind certification and hurricane mitigation |
102 | inspectors who: |
103 | a. Have prior experience in residential construction or |
104 | inspection and have received specialized training in hurricane |
105 | mitigation procedures. Such training may be provided by a class |
106 | offered online or in person. |
107 | b. Have undergone drug testing and level 2 background |
108 | checks pursuant to s. 435.04. The department is authorized to |
109 | conduct criminal record checks of inspectors. Inspectors must |
110 | submit a set of the fingerprints to the department for state and |
111 | national criminal history checks and must pay the fingerprint |
112 | processing fee set forth in s. 624.501. The fingerprints shall |
113 | be sent by the department to the Department of Law Enforcement |
114 | and forwarded to the Federal Bureau of Investigation for |
115 | processing. The results shall be returned to the department for |
116 | screening. The fingerprints shall be taken by a law enforcement |
117 | agency, designated examination center, or other department- |
118 | approved entity. Wind certification and hurricane mitigation |
119 | inspectors participating in the program on the effective date of |
120 | this act shall have until June 1, 2007, to meet the requirements |
121 | for a criminal record check. |
122 | c. Have been certified, in a manner satisfactory to the |
123 | department, to conduct the inspections. |
124 | 2. Provide a quality assurance program including a |
125 | reinspection component. |
126 | (c) An application for an inspection must contain a signed |
127 | or electronically verified statement made under penalty of |
128 | perjury that the applicant has submitted only a single |
129 | application. |
130 | (d) The owner of a site-built, single-family, residential |
131 | property may apply for and receive an inspection without also |
132 | applying for a grant pursuant to subsection (2) and without |
133 | meeting the requirements of paragraph (2)(a). |
134 | (e) The department shall develop and maintain as a public |
135 | record a current list of wind certification and hurricane |
136 | mitigation inspectors authorized to conduct wind certification |
137 | and hurricane mitigation inspections pursuant to this section. |
138 | (2) MITIGATION GRANTS.--Financial grants shall be used to |
139 | encourage single-family, site-built, owner-occupied, residential |
140 | property owners to retrofit their properties to make them less |
141 | vulnerable to hurricane damage. |
142 | (a) To be eligible for a grant, a residential property |
143 | must: |
144 | 1. Have been granted a homestead exemption under chapter |
145 | 196. |
146 | 2. Be a dwelling with an insured value of $500,000 or |
147 | less. Homeowners who are low-income persons, as defined in s. |
148 | 420.0004(10), are exempt from this requirement. |
149 | 3. Have undergone an acceptable wind certification and |
150 | hurricane mitigation inspection, if the property is an existing |
151 | structure. |
152 |
|
153 | An application for a grant must contain a signed or |
154 | electronically verified statement made under penalty of perjury |
155 | that the applicant has submitted only a single application and |
156 | must have attached documents demonstrating the applicant meets |
157 | the requirements of this paragraph. A residential property which |
158 | is part of a multifamily residential unit may receive a grant |
159 | only if all homeowners participate and the total number of units |
160 | does not exceed four. |
161 | (b) All grants must be matched on a dollar-for-dollar |
162 | basis for a total of $10,000 for the actual cost of the |
163 | mitigation project with the state's contribution not to exceed |
164 | $5,000. |
165 | (c) The program shall create a process in which mitigation |
166 | contractors agree to participate and seek reimbursement from the |
167 | state and homeowners select from a list of participating |
168 | contractors. All mitigation must be based upon the securing of |
169 | all required local permits and inspections. Mitigation projects |
170 | are subject to random reinspection of up to at least 5 10 |
171 | percent of all projects. Wind certification and hurricane |
172 | mitigation inspectors qualifying for the program may also |
173 | participate as mitigation contractors as long as the inspectors |
174 | meet the department's qualifications and certification |
175 | requirements for mitigation contractors. |
176 | (d) Matching fund grants shall also be made available to |
177 | local governments and nonprofit entities for projects that will |
178 | reduce hurricane damage to single-family, site-built, owner- |
179 | occupied, residential property. |
180 | (e) Grants may be used for the following improvements: |
181 | 1. Roof deck attachment. |
182 | 2. Secondary water barrier. |
183 | 3. Roof covering. |
184 | 4. Brace gable ends. |
185 | 5. Reinforce roof-to-wall connections. |
186 | 6. Opening protection. |
187 | 7. Exterior doors, including garage doors. |
188 | (f) Grants may be used on a previously inspected existing |
189 | structure or on a rebuild. A rebuild is defined as a site-built, |
190 | single-family dwelling under construction to replace a home that |
191 | was destroyed or significantly damaged by a hurricane and deemed |
192 | unlivable by a regulatory authority. The homeowner must have had |
193 | a homestead exemption prior to the hurricane and maintained the |
194 | homestead exemption. |
195 | (g) Low-income homeowners, as defined in s. 420.0004(10), |
196 | who otherwise meet the requirements of paragraphs (a), (c), (e), |
197 | and (f) are eligible for a grant of up to $5,000 and are not |
198 | required to provide a matching amount to receive the grant. |
199 | Additionally, for low-income homeowners, grant funding may be |
200 | used for repair to existing structures leading to any of the |
201 | mitigation improvements provided in paragraph (e), limited to 20 |
202 | percent of the grant value. The program may accept a |
203 | certification directly from a low-income homeowner that the |
204 | homeowner meets the requirements of s. 420.0004(10) if the |
205 | homeowner provides such certification in a signed or |
206 | electronically verified statement made under penalty of perjury. |
207 | (h) Priority of grants shall be given to site-built, |
208 | single-family, residential properties: |
209 | 1. Built prior to the adoption of the American Society of |
210 | Civil Engineers Standard 7, 2002 edition (ACSE 7-02) into the |
211 | Florida Building Code; |
212 | 2. In coastal counties; |
213 | 3. In interior counties significantly impacted by the |
214 | hurricanes of 2004 and 2005; or |
215 | 4. Insured by Citizens Property Insurance Corporation in |
216 | the high risk account. |
217 | (i) The department shall develop a process that ensures |
218 | the most efficient means to collect and verify grant |
219 | applications to determine eligibility and may direct wind |
220 | certification inspectors to collect and verify grant application |
221 | information or use the Internet or other electronic means to |
222 | collect information and determine eligibility. |
223 | (j) The department shall transfer the amount of $40 |
224 | million from funds appropriated to the program, including up to |
225 | 5 percent for administrative costs, to Volunteer Florida |
226 | Foundation, Inc., for provision of inspections and grants to |
227 | low-income homeowners, as defined in s. 420.0004(10), consistent |
228 | with this section. Volunteer Florida Foundation, Inc., shall be |
229 | responsible for inspections and grants management for low-income |
230 | homeowners and shall report its activities and account for state |
231 | funds on a quarterly and annual basis to the Chief Financial |
232 | Officer, the President of the Senate, and the Speaker of the |
233 | House of Representatives. |
234 | (3) EDUCATION AND CONSUMER AWARENESS.--The department may |
235 | undertake a statewide multimedia public outreach and advertising |
236 | campaign to inform consumers of the availability and benefits of |
237 | hurricane inspections and of the safety and financial benefits |
238 | of residential hurricane damage mitigation. The department may |
239 | seek out and use local, state, federal, and private funds to |
240 | support the campaign. Multimedia public education, awareness, |
241 | and advertising efforts designed to specifically address |
242 | mitigation techniques shall be employed, as well as a component |
243 | to support ongoing consumer resources and referral services. |
244 | (4) ADVISORY COUNCIL.--There is created an advisory |
245 | council to provide advice and assistance to the department |
246 | regarding program administrator with regard to his or her |
247 | administration of the program. The advisory council shall |
248 | consist of: |
249 | (a) A representative of lending institutions, selected by |
250 | the Financial Services Commission from a list of at least three |
251 | persons recommended by the Florida Bankers Association. |
252 | (b) A representative of residential property insurers, |
253 | selected by the Financial Services Commission from a list of at |
254 | least three persons recommended by the Florida Insurance |
255 | Council. |
256 | (c) A representative of home builders, selected by the |
257 | Financial Services Commission from a list of at least three |
258 | persons recommended by the Florida Home Builders Association. |
259 | (d) A faculty member of a state university, selected by |
260 | the Financial Services Commission, who is an expert in |
261 | hurricane-resistant construction methodologies and materials. |
262 | (e) Two members of the House of Representatives, selected |
263 | by the Speaker of the House of Representatives. |
264 | (f) Two members of the Senate, selected by the President |
265 | of the Senate. |
266 | (g) The Chief Executive Officer of the Federal Alliance |
267 | for Safe Homes, Inc., or his or her designee. |
268 | (h) The senior officer of the Florida Hurricane |
269 | Catastrophe Fund. |
270 | (i) The executive director of Citizens Property Insurance |
271 | Corporation. |
272 | (j) The director of the Division of Emergency Management |
273 | of the Department of Community Affairs. |
274 |
|
275 | Members appointed under paragraphs (a)-(d) shall serve at the |
276 | pleasure of the Financial Services Commission. Members appointed |
277 | under paragraphs (e) and (f) shall serve at the pleasure of the |
278 | appointing officer. All other members shall serve voting ex |
279 | officio. Members of the advisory council shall serve without |
280 | compensation but may receive reimbursement as provided in s. |
281 | 112.061 for per diem and travel expenses incurred in the |
282 | performance of their official duties. |
283 | (5) FEDERAL FUNDING.--The department may seek out and |
284 | leverage local, state, federal, or private funds to enhance |
285 | shall use its best efforts to obtain grants or funds from the |
286 | federal government to supplement the financial resources of the |
287 | program, consistent with this section. |
288 | (6) RULES.--The Department of Financial Services shall |
289 | adopt rules pursuant to ss. 120.536(1) and 120.54 to govern |
290 | governing the Florida Comprehensive Hurricane Damage Mitigation |
291 | program, implement the provisions of this section, including |
292 | rules governing wind certification and hurricane mitigation |
293 | inspections, mitigation contractors, and training of inspectors |
294 | and contractors, and carry out the duties of the department |
295 | under this section. The department shall also adopt rules |
296 | establishing priorities for grants provided under this section |
297 | based on objective criteria that gives priority to reducing the |
298 | state's probable maximum loss from hurricanes. However, pursuant |
299 | to this overall goal, the department may further establish |
300 | priorities based on the insured value of the dwelling, whether |
301 | or not the dwelling is insured by Citizens Property Insurance |
302 | Corporation and whether or not the area under consideration has |
303 | sufficient resources and the ability to perform the retrofitting |
304 | required. |
305 | (7) CONTRACTS WITH NOT-FOR-PROFIT CORPORATIONS.--The |
306 | Department of Financial Services is authorized to contract with |
307 | not-for-profit corporations to conduct all or portions of the |
308 | program and to increase the awareness of the benefits of |
309 | mitigation among homeowners in this state. The department shall |
310 | consider the not-for-profit corporation's ability to raise funds |
311 | from the private sector to provide for mitigation grants, as |
312 | well as administrative capabilities for conducting other |
313 | business related to the program. |
314 | (7)(8) WIND CERTIFICATION AND HURRICANE MITIGATION |
315 | INSPECTOR LIST.--The department shall develop and maintain as a |
316 | public record a current list of wind certification and hurricane |
317 | mitigation inspectors authorized to conduct wind certification |
318 | and hurricane mitigation inspections pursuant to this section. |
319 | (8) NO-INTEREST LOANS.--The department shall develop a no- |
320 | no-interest loan program by December 31, 2007, to encourage the |
321 | private sector to provide loans to owners of site-built, |
322 | single-family, residential property to pay for mitigation |
323 | measures listed in subsection (2). A loan eligible for interest |
324 | payments pursuant to this subsection may be for a term of up to |
325 | 3 years and cover up to $5,000 in mitigation measures. The |
326 | department shall pay the creditor the market rate of interest |
327 | using funds appropriated for the My Safe Florida Home program. |
328 | In no case shall the department pay more than the interest rate |
329 | set by s. 687.03. To be eligible for a loan, a loan applicant |
330 | must first obtain a home inspection and report that specifies |
331 | what improvements are needed to reduce the property's |
332 | vulnerability to windstorm damage pursuant to this section and |
333 | meet loan underwriting requirements set by the lender. The |
334 | department shall set aside $10 million from funds appropriated |
335 | for the My Safe Florida Home program to implement this |
336 | subsection. The department shall adopt rules pursuant to ss. |
337 | 120.36(1) and 120.54 to implement this subsection. |
338 | (9) PUBLIC OUTREACH FOR CONTRACTORS AND REAL ESTATE |
339 | BROKERS AND SALES ASSOCIATES.--The program shall develop |
340 | brochures for distribution to general contractors, roofing |
341 | contractors, and real estate brokers and sales associates |
342 | licensed under part I of chapter 475 explaining the benefits to |
343 | homeowners of residential hurricane damage mitigation. The |
344 | program shall encourage contractors to distribute the brochures |
345 | to homeowners at the first meeting with a homeowner who is |
346 | considering contracting for home or roof repairs or contracting |
347 | for the construction of a new home. The program shall encourage |
348 | real estate brokers and sales associates licensed under part I |
349 | of chapter 475 to distribute the brochures to clients prior to |
350 | the purchase of a home. The brochures may be made available |
351 | electronically. |
352 | (10) CONTRACT MANAGEMENT.--The department may contract |
353 | with third parties for grants management, inspection services, |
354 | educational outreach, and auditing services. Such contracts |
355 | shall be considered direct costs of the program and shall not be |
356 | subject to administrative cost limits, but contracts valued at |
357 | $500,000 or more shall be subject to review and approval by the |
358 | Legislative Budget Commission. The department shall contract |
359 | with providers that have a demonstrated record of successful |
360 | business operations in areas directly related to the services to |
361 | be provided and shall ensure the highest accountability for use |
362 | of state funds, consistent with this section. |
363 | (11) INTENT.--It is the intent of the Legislature that |
364 | grants made to residential property owners under this section |
365 | shall be considered disaster-relief assistance within the |
366 | meaning of s. 139 of the Internal Revenue Code of 1986, as |
367 | amended. |
368 | (12) REPORTS.--The department shall make an annual report |
369 | on the activities of the program that shall account for the use |
370 | of state funds and indicate the number of inspections requested, |
371 | the number of inspections performed, the number of grant |
372 | applications received, and the number and value of grants |
373 | approved. The report shall be delivered to the President of the |
374 | Senate and the Speaker of the House of Representatives by |
375 | February 1 of each year. |
376 | Section 2. Section 1004.647, Florida Statutes, is created |
377 | to read: |
378 | 1004.647 Florida Catastrophic Storm Risk Management Center |
379 | of Excellence.--The Florida Catastrophic Storm Risk Management |
380 | Center of Excellence is created at the Florida State University, |
381 | College of Business, Department of Risk Management. The purpose |
382 | of the center is to promote and disseminate research on issues |
383 | related to hurricane catastrophe loss and to assist in |
384 | identifying and developing education and research grant funding |
385 | opportunities among higher education institutions in this state |
386 | and the private sector. The purpose of activities of the center |
387 | is to support the state's ability to prepare for, respond to, |
388 | and recover from catastrophic storms. The center shall: |
389 | (1) Coordinate and disseminate applied research efforts |
390 | that are expected to have an immediate impact on policy and |
391 | practices related to windstorm mitigation. |
392 | (2) Coordinate and disseminate information related to |
393 | catastrophic storm risk management, including, but not limited |
394 | to, research and information that would benefit businesses, |
395 | consumers, and public policy makers. Areas of interest may |
396 | include storm forecasting, loss modeling, building construction |
397 | and mitigation, and risk management strategies. Through its |
398 | efforts, the center shall facilitate Florida's preparedness for |
399 | and responsiveness to catastrophic storms. |
400 | (3) Create and promote studies that enhance the |
401 | educational options available to risk management and insurance |
402 | students. |
403 | (4) Publish and disseminate findings. |
404 | (5) Organize and sponsor conferences, symposia, and |
405 | workshops to educate consumers and policymakers. |
406 | Section 3. Paragraph (b) of subsection (4) of section |
407 | 489.115, Florida Statutes, is amended to read: |
408 | 489.115 Certification and registration; endorsement; |
409 | reciprocity; renewals; continuing education.-- |
410 | (4) |
411 | (b)1. Each certificateholder or registrant shall provide |
412 | proof, in a form established by rule of the board, that the |
413 | certificateholder or registrant has completed at least 14 |
414 | classroom hours of at least 50 minutes each of continuing |
415 | education courses during each biennium since the issuance or |
416 | renewal of the certificate or registration. The board shall |
417 | establish by rule that a portion of the required 14 hours must |
418 | deal with the subject of workers' compensation, business |
419 | practices, wind mitigation methodologies, and workplace safety. |
420 | The board shall by rule establish criteria for the approval of |
421 | continuing education courses and providers, including |
422 | requirements relating to the content of courses and standards |
423 | for approval of providers, and may by rule establish criteria |
424 | for accepting alternative nonclassroom continuing education on |
425 | an hour-for-hour basis. The board shall prescribe by rule the |
426 | continuing education, if any, which is required during the first |
427 | biennium of initial licensure. A person who has been licensed |
428 | for less than an entire biennium must not be required to |
429 | complete the full 14 hours of continuing education. |
430 | 2. In addition, the board may approve specialized |
431 | continuing education courses on compliance with the wind |
432 | resistance provisions for one and two family dwellings contained |
433 | in the Florida Building Code and any alternate methodologies for |
434 | providing such wind resistance which have been approved for use |
435 | by the Florida Building Commission or wind mitigation |
436 | methodologies approved by the Department of Financial Services. |
437 | Division I certificateholders or registrants who demonstrate |
438 | proficiency upon completion of such specialized courses may |
439 | certify plans and specifications for one and two family |
440 | dwellings to be in compliance with the code or alternate |
441 | methodologies, as appropriate, except for dwellings located in |
442 | floodways or coastal hazard areas as defined in ss. 60.3D and E |
443 | of the National Flood Insurance Program. |
444 | 3. Each certificateholder or registrant shall provide to |
445 | the board proof of completion of the core curriculum courses, or |
446 | passing the equivalency test of the Building Code Training |
447 | Program established under s. 553.841, specific to the licensing |
448 | category sought, within 2 years after commencement of the |
449 | program or of initial certification or registration, whichever |
450 | is later. Classroom hours spent taking core curriculum courses |
451 | shall count toward the number required for renewal of |
452 | certificates or registration. A certificateholder or registrant |
453 | who passes the equivalency test in lieu of taking the core |
454 | curriculum courses shall receive full credit for core curriculum |
455 | course hours. |
456 | 4. The board shall require, by rule adopted pursuant to |
457 | ss. 120.536(1) and 120.54, a specified number of hours in |
458 | specialized or advanced module courses, approved by the Florida |
459 | Building Commission, on any portion of the Florida Building |
460 | Code, adopted pursuant to part VII of chapter 553, relating to |
461 | the contractor's respective discipline. |
462 | Section 4. Sections 4, 39, and 42 of chapter 2006-12, Laws |
463 | of Florida, are amended to read: |
464 | Section 4. Of the funds appropriated for the My Safe |
465 | Florida Home Comprehensive Hurricane Damage Mitigation Program |
466 | specified in s. 215.5586, Florida Statutes, as created by this |
467 | act, $22.5 $7.5 million shall be for the Manufactured Housing |
468 | and Mobile Home Mitigation and Enhancement Program specified in |
469 | s. 215.559(4)(b), Florida Statutes, as created by this act. The |
470 | Department of Financial Services shall use these funds to |
471 | contract with Tallahassee Community College to implement the |
472 | Manufactured Housing and Mobile Home Mitigation and Enhancement |
473 | Program. |
474 | Section 39. (1) The Office of Insurance Regulation, in |
475 | consultation with the Department of Community Affairs, the |
476 | Department of Financial Services, the Federal Alliance for Safe |
477 | Homes, the Florida Insurance Council, the Florida Home Builders |
478 | Association, the Florida Manufactured Housing Association, the |
479 | Risk and Insurance Department of Florida State University, and |
480 | the Institute for Business and Homes Safety, shall study and |
481 | develop a program that will provide an objective rating system |
482 | that will allow homeowners to evaluate the relative ability of |
483 | Florida properties to withstand the wind load from a sustained |
484 | severe tropical storm or hurricane. |
485 | (2) The rating system will be designed in a manner that is |
486 | easy to understand for the property owner, based on proven |
487 | readily verifiable mitigation techniques and devices, and able |
488 | to be implemented based on a visual inspection program. The |
489 | Department of Financial Services shall implement a pilot program |
490 | for use in the My Safe Florida Home Comprehensive Hurricane |
491 | Damage Mitigation Program. |
492 | (3) The Department shall provide a report to the Governor, |
493 | the President of the Senate, and the Speaker of the House of |
494 | Representatives by March 31, 2007, detailing the nature and |
495 | construction of the rating scale, its effectiveness based on |
496 | implementation in a pilot program, and an operational plan for |
497 | statewide implementation of the rating scale. |
498 | Section 42. (1) For the 2006-2007 fiscal year, the sum of |
499 | $250 million is appropriated on a nonrecurring basis from the |
500 | General Revenue Fund to the Insurance Regulatory Trust Fund in |
501 | the Department of Financial Services for purposes of the My Safe |
502 | Florida Home Comprehensive Hurricane Damage Mitigation Program |
503 | specified in s. 215.5586, Florida Statutes, as created by this |
504 | act. The department shall establish a separate account within |
505 | the trust fund for accounting purposes. |
506 | (2) The sum of $250 million is appropriated from the |
507 | Insurance Regulatory Trust Fund in the Department of Financial |
508 | Services for the purposes set forth in subsection (1). The |
509 | department may expend up to 1 percent of the funds appropriated |
510 | to administer the program. Beginning October 15, 2007, and |
511 | quarterly thereafter, the Chief Financial Officer shall provide |
512 | a report to the Executive Office of the Governor and the chair |
513 | and vice chair of the Legislative Budget Commission containing |
514 | information regarding expenditures made for the purposes set |
515 | forth in subsection (1). |
516 | (3) Notwithstanding the provisions of s. 216.301, Florida |
517 | Statutes, to the contrary, the unexpended balance of |
518 | appropriations authorized in subsections (1) and (2) shall not |
519 | revert until June 30, 2009. |
520 | Section 5. For the 2007-2008 fiscal year, the nonrecurring |
521 | sum of $1 million is appropriated from the General Revenue Fund |
522 | to the Department of Education for the purpose of funding the |
523 | Florida Catastrophic Storm Risk Management Center of Excellence |
524 | as created by this act. |
525 | Section 6. This act shall take effect July 1, 2007. |