HB 5A

1
A bill to be entitled
2An act relating to hurricane preparedness and insurance;
3providing a short title; amending s. 215.5586, F.S.;
4revising criteria for wind certification and hurricane
5mitigation inspection entities; requiring a level 2
6background check for wind certification and hurricane
7mitigation inspectors; revising certain financial wind
8certification and mitigation grant criteria and use
9provisions; providing additional uses for grant funding
10for certain homeowners; authorizing the Department of
11Financial Services to contract with a not-for-profit
12corporation to conduct the Florida Comprehensive Hurricane
13Damage Mitigation Program and enhance awareness of the
14benefits of mitigation; creating part XV of chapter 468,
15Florida Statutes, consisting of s. 468.851, F.S.;
16providing for wind mitigation inspectors; providing
17definitions; authorizing the Department of Business and
18Professional Regulation to certify wind inspectors;
19providing for fees; providing for the department to issue
20certificates for wind mitigation inspectors; providing
21qualifications for applicants; providing continuing
22education requirements; requiring the department to adopt
23rules relating to education courses; prohibiting
24employment or operation as a wind mitigation inspector
25without a certificate; providing exceptions; providing
26procedures and requirements; specifying certain activities
27as grounds for disciplinary action; providing penalties;
28prohibiting certain activities; providing criminal
29penalties; requiring the department to develop and
30maintain a list of wind mitigation inspectors and
31contractors; providing for validity of wind mitigation
32inspectors certification under certain provisions of law
33for a certain time; amending ss. 471.017 and 481.215,
34F.S.; authorizing certain boards to approve certain
35specialized continuing education courses; authorizing
36certain licensed engineers and architects to conduct
37inspections; amending s. 489.115, F.S.; including wind
38mitigation methodology studies under certain continuing
39education courses; authorizing certain certificateholders
40or registrants to conduct wind mitigation inspections
41under certain circumstances; amending s. 626.2815, F.S.;
42requiring continuing education for certain agents and
43customer representatives on the subject of premium
44discounts for hurricane mitigation options; amending s.
45627.062, F.S.; requiring certain rate filings to account
46for certain mitigation measures; amending s. 627.0629,
47F.S.; providing for reductions in deductibles for
48mitigation measures; amending s. 627.701, F.S.; requiring
49insurers to provide insureds options for certain
50deductibles, credits, or rate differentials; amending s.
51627.711, F.S.; requiring the Financial Services Commission
52to develop uniform mitigation verification inspection
53forms; providing duties of the commission; creating the
54Windstorm Mitigation Study Committee for the purpose of
55analyzing solutions and programs that could address the
56state's need to mitigate the effects of windstorms on
57structures; providing for membership and qualifications;
58providing that the members are entitled to reimbursement
59for expenses incurred in connection with their duties;
60providing for reimbursement of travel expenses; requiring
61the Department of Financial Services, the Office of
62Insurance Regulation, the Citizens Property Insurance
63Corporation, and other state agencies to supply
64information, assistance, and facilities to the committee;
65requiring the department to provide staff assistance;
66specifying duties of the committee; requiring the
67committee to report to the Governor, the Legislature, the
68Chief Financial Officer, and the Commissioner of Insurance
69Regulation by a specified date; providing for expiration
70of the committee; requiring the Financial Services
71Commission to adopt a uniform home grading scale for
72certain purposes; providing criteria; providing an
73appropriation to the Department of Community Affairs for
74certain purposes; specifying use of funds; providing
75appropriations; providing effective dates.
76
77Be It Enacted by the Legislature of the State of Florida:
78
79     Section 1.  This act may be cited as the "Home Enhancement
80and Loss Prevention Act."
81     Section 2.  Paragraph (b) of subsection (1) and subsection
82(2) of section 215.5586, Florida Statutes, are amended,
83paragraph (c) is added to subsection (1), and subsection (7) is
84added to that section, to read:
85     215.5586  Florida Comprehensive Hurricane Damage Mitigation
86Program.--There is established within the Department of
87Financial Services the Florida Comprehensive Hurricane Damage
88Mitigation Program. This section does not create an entitlement
89for property owners or obligate the state in any way to fund the
90inspection or retrofitting of residential property in this
91state. Implementation of this program is subject to annual
92legislative appropriations. The program shall be administered by
93an individual with prior executive experience in the private
94sector in the areas of insurance, business, or construction. The
95program shall develop and implement a comprehensive and
96coordinated approach for hurricane damage mitigation that shall
97include the following:
98     (1)  WIND CERTIFICATION AND HURRICANE MITIGATION
99INSPECTIONS.--
100     (b)  To qualify for selection by the department as a
101provider of wind certification and hurricane mitigation
102inspections, the entity shall, at a minimum:
103     1.  Use wind certification and hurricane mitigation
104inspectors who:
105     a.  Have prior experience in residential construction or
106inspection and have received specialized training in hurricane
107mitigation procedures.
108     b.  Have undergone drug testing and level 2 background
109checks pursuant to s. 435.04.
110     c.  Have been certified as wind mitigation inspectors
111pursuant to s. 468.851, in a manner satisfactory to the
112department, to conduct the inspections.
113     2.  Provide a quality assurance program including a
114reinspection component.
115     (2)  GRANTS.--Financial grants shall be used to encourage
116single-family, site-built, owner-occupied, residential property
117owners to retrofit their properties to make them less vulnerable
118to hurricane damage.
119     (a)  To be eligible for a grant, a residential property
120must:
121     1.  Have been granted a homestead exemption under chapter
122196.
123     2.  Be a dwelling structure with an assessed insured value
124of $500,000 or less.
125     3.  Have undergone an acceptable wind certification and
126hurricane mitigation inspection, if the property is an existing
127structure.
128
129A residential property which is part of a multifamily
130residential unit may receive a grant only if all homeowners
131participate and the total number of units does not exceed four.
132     (b)  All grants must be matched on a dollar-for-dollar
133basis for a total of $10,000 for the mitigation project with the
134state's contribution not to exceed $5,000.
135     (c)  The program shall create a process in which mitigation
136contractors agree to participate and seek reimbursement from the
137state and homeowners select from a list of participating
138contractors. All mitigation must be based upon the securing of
139all required local permits and inspections. Mitigation projects
140are subject to random reinspection of up to at least 10 percent
141of all projects.
142     (d)  Matching fund grants shall also be made available to
143local governments and nonprofit entities for projects that will
144reduce hurricane damage to single-family, site-built, owner-
145occupied, residential property.
146     (e)  Grants may be used for the following improvements:
147     1.  Roof deck attachment.;
148     2.  Secondary water barrier.;
149     3.  Roof covering.;
150     4.  Brace gable ends.;
151     5.  Reinforce roof-to-wall connections.;
152     6.  Opening protection.; and
153     7.  Exterior doors, including garage doors.
154     (f)  Grants may be used on a previously inspected existing
155structure or on a rebuild. A rebuild is defined as a site-built,
156single-family dwelling under construction to replace a home that
157was destroyed or significantly damaged by a hurricane and deemed
158unlivable by a regulatory authority. The homeowner must have had
159a homestead exemption prior to the hurricane and maintained the
160homestead exemption.
161     (g)(f)  Low-income homeowners, as defined in s.
162420.0004(10)(9), who otherwise meet the requirements of
163paragraphs (a), and (c), (e), and (f) are eligible for a grant
164of up to $5,000 and are not required to provide a matching
165amount to receive the grant. Additionally, for low-income
166homeowners, grant funding may be used for repair to existing
167structures leading to any of the mitigation improvements
168provided in paragraph (e), limited to 20 percent of the grant
169value. Such grants shall be used to retrofit single-family,
170site-built, owner-occupied, residential properties in order to
171make them less vulnerable to hurricane damage.
172     (7)  CONTRACT WITH NOT-FOR-PROFIT CORPORATION.--The
173Department of Financial Services is authorized to contract with
174a not-for-profit corporation to conduct all or portions of the
175program and to increase the awareness of the benefits of
176mitigation among homeowners in this state. The department shall
177consider the not-for-profit corporation's ability to raise funds
178from the private sector to provide for mitigation grants, as
179well as administrative capabilities for conducting other
180business related to the program.
181     Section 3.  Effective October 1, 2007, part XV of chapter
182468, Florida Statutes, consisting of section 468.851, Florida
183Statutes, is created to read:
184
PART XV
185
WIND MITIGATION INSPECTORS
186     468.851  Wind mitigation inspectors; certification;
187inspections.--
188     (1)  For purposes of this section:
189     (a)  "Wind mitigation inspection" means home-retrofit
190inspection of site-built residential property to determine
191mitigation measures and improvements to existing residential
192properties which measures and improvements are identified to
193reduce the property's vulnerability to hurricane wind damage and
194help prepare property owners for future tropical storms and
195hurricanes by providing information regarding deficiencies in
196structures that may be susceptible to damage due to high winds.
197     (b)  "Wind mitigation inspector" means a person who is
198certified by the department under this section or, prior to
199December 31, 2007, approved by the Department of Financial
200Services pursuant to s. 215.5586, who acts as a wind mitigation
201inspector while conducting special inspections not required as
202minimum inspections by the Florida Building Code, and who is
203qualified to inspect and determine that residential buildings
204and structures can be retrofitted to resist near-hurricane and
205hurricane velocity winds in accordance with the provisions of
206this section.
207     (c)  "Department" means the Department of Business and
208Professional Regulation.
209     (2)  The department may:
210     (a)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to
211implement the provisions of this section.
212     (b)  Certify individuals as being qualified under the
213provisions of this section as wind mitigation inspectors.
214     (c)  Establish by rule fees to cover the costs of the
215program, of up to $200 for each application or renewal.
216     (3)(a)  Any person who desires to be certified under this
217section shall apply to the department, in writing, upon forms
218approved and furnished by the department. The department may
219approve the application for certification if the person:
220     1.  Is at least 18 years of age.
221     2.  Is of good moral character.
222     3.  Provides proof, in a form established by department
223rule, that the applicant has satisfactorily completed classroom
224education courses for initial certification. The department may
225establish by rule criteria for accepting alternative
226nonclassroom education or training.
227     (b)  As a condition of each renewal the applicant shall
228provide proof, in a form established by department rule, that
229the applicant has satisfactorily completed continuing education
230courses during each biennium since the issuance or renewal of
231the certificate.
232(c)  The department shall establish by rule criteria for
233approval of initial education courses and continuing education
234courses and providers and may endorse or approve training
235conducted pursuant to s. 455.2179, s. 215.5586, or s. 215.559.
236Continuing education providers shall submit education
237information to the department pursuant to s. 455.2178.
238     (4)  The department shall issue a certificate to any
239individual the department determines is qualified under this
240section. A person may not be employed by a state agency or local
241governmental authority or hold himself or herself out to the
242general public for compensation as a wind mitigation inspector
243without possessing the certificate issued in accordance with
244this section, except for licensed contractors, licensed
245professional engineers, and licensed architects that have
246satisfactorily completed a continuing education course in wind
247certification and hurricane mitigation approved pursuant to s.
248489.115.
249     (5)  The following acts constitute grounds for which the
250disciplinary actions in subsection (6) may be taken:
251     (a)  Violating or failing to comply with any provision of
252this section, or rule or lawful order of the department.
253     (b)  Obtaining certification through fraud, deceit, or
254perjury.
255     (c)  Having been convicted of a felony against this state
256or the United States, or of a felony in another state that would
257have been a felony had it been committed in this state.
258     (d)  Having been convicted of a crime in any jurisdiction
259which directly relates to the practice of wind mitigation
260inspection.
261     (e)  Making or filing a report or record which the
262certificateholder knows to be false, knowingly inducing another
263to file a false report or record, knowingly failing to file a
264report or record required by state or local law, knowingly
265impeding or obstructing such filing, or knowingly inducing
266another person to impede or obstruct such filing.
267     (f)  Failing to conduct proper wind mitigation inspections
268by committing willful misconduct, gross negligence, gross
269misconduct, repeated negligence, or negligence resulting in a
270significant danger to life or property.
271     (g)  Having a certification or license suspended or being
272disciplined in another jurisdiction.
273     (6)  When the department finds that any person has
274committed any of the acts set forth in subsection (5), the
275department may enter an order imposing one or more of the
276following penalties:
277     (a)  Denial of an application for certification.
278     (b)  Permanent revocation of a certificate.
279     (c)  Suspension of a certificate.
280     (d)  Imposition of an administrative fine not to exceed
281$5,000 for each separate offense. Such fine must be rationally
282related to the gravity of the violation.
283     (e)  Issuance of a reprimand.
284     (f)  Placement of the certificateholder on probation for a
285period of time and subject to such conditions as the department
286may impose.
287     (g)  Satisfactory completion of additional education or
288training.
289     (h)  Issuance of a citation.
290     (7)  When a certificate is suspended, placed on probation,
291or has conditions imposed, the department shall reinstate the
292certificate upon proof the disciplined individual has complied
293with all terms and conditions set forth in the final order.
294     (8)  With respect to a wind mitigation inspector
295certificate, a person may not:
296     (a)  Falsely hold himself or herself out as a
297certificateholder.
298     (b)  Falsely impersonate a certificateholder.
299     (c)  Present as his or her own the certificate of another.
300     (d)  Give false or forged evidence to the department for
301the purpose of obtaining a certificate.
302     (e)  Use or attempt to use a certificate that has been
303suspended or revoked.
304     (f)  Threaten, coerce, persuade, or otherwise influence, or
305attempt to threaten, coerce, persuade, or otherwise influence,
306any certificateholder to violate any provision of this section.
307     (g)  Offer any compensation to a certificateholder in order
308to induce a violation of this part, a local building code or
309ordinance, or another law of this state.
310     (9)  Any person who violates any provision of this section
311commits a misdemeanor of the first degree, punishable as
312provided in s. 775.082 or s. 775.083. Any person who violates
313any provision of this section after a previous conviction for
314such violation commits a felony of the third degree, punishable
315as provided in s. 775.082 or s. 775.083.
316     (10)  The department shall develop and maintain as a public
317record a current list of wind mitigation inspectors authorized
318to conduct wind mitigation inspections pursuant to this section
319and a list of contractors, architects, and engineers who are
320authorized to conduct wind mitigation inspections pursuant to
321ss. 489.115(4), 471.017(4), and 481.215(7), respectively.
322     Section 4.  Wind mitigation inspectors that are approved by
323the Department of Financial Services pursuant to s. 215.5586,
324Florida Statutes, at the time of the effective date of the
325certification provisions of s. 468.851, Florida Statutes, shall
326be given until December 31, 2007, to comply with the
327certification requirements by making application to the
328Department of Business and Professional Regulation pursuant to
329s. 120.60, Florida Statutes. The Department of Financial
330Services shall provide a list of qualified wind mitigation
331inspectors employed as of September 30, 2007, by the wind
332certification entities approved pursuant to s. 215.5586, Florida
333Statutes. The provisions of s. 468.851(4), Florida Statutes,
334shall not restrict the Department of Financial Services from
335using the services of those individuals performing services
336pursuant to s. 215.5586, Florida Statutes, until December 31,
3372007.
338     Section 5.  Subsection (4) is added to section 471.017,
339Florida Statutes, to read:
340     471.017  Renewal of license.--
341     (4)  The board may approve specialized continuing education
342courses on wind mitigation methodologies which have been
343approved by the Department of Financial Services. Upon
344completion of such specialized wind mitigation courses, licensed
345engineers who demonstrate proficiency in wind mitigation
346methodologies may conduct wind mitigation inspections. For
347purposes of this subparagraph, the term "wind mitigation
348inspection" has the same meaning as provided in s. 468.851.
349     Section 6.  Subsection (7) is added to section 481.215,
350Florida Statutes, to read:
351     481.215  Renewal of license.--
352     (7)  The board may approve specialized continuing education
353courses on wind mitigation methodologies which have been
354approved by the Department of Financial Services. Upon
355completion of such specialized wind mitigation courses, licensed
356architects who demonstrate proficiency in wind mitigation
357methodologies may conduct wind mitigation inspections. For
358purposes of this subparagraph, the term "wind mitigation
359inspection" has the same meaning as provided in s. 468.851.
360     Section 7.  Paragraph (b) of subsection (4) of section
361489.115, Florida Statutes, is amended to read:
362     489.115  Certification and registration; endorsement;
363reciprocity; renewals; continuing education.--
364     (4)
365     (b)1.  Each certificateholder or registrant shall provide
366proof, in a form established by rule of the board, that the
367certificateholder or registrant has completed at least 14
368classroom hours of at least 50 minutes each of continuing
369education courses during each biennium since the issuance or
370renewal of the certificate or registration. The board shall
371establish by rule that a portion of the required 14 hours must
372deal with the subject of workers' compensation, business
373practices, and workplace safety. The board shall by rule
374establish criteria for the approval of continuing education
375courses and providers, including requirements relating to the
376content of courses and standards for approval of providers, and
377may by rule establish criteria for accepting alternative
378nonclassroom continuing education on an hour-for-hour basis. The
379board shall prescribe by rule the continuing education, if any,
380which is required during the first biennium of initial
381licensure. A person who has been licensed for less than an
382entire biennium must not be required to complete the full 14
383hours of continuing education.
384     2.  In addition, the board may approve specialized
385continuing education courses on compliance with the wind
386resistance provisions for one and two family dwellings contained
387in the Florida Building Code and any alternate methodologies for
388providing such wind resistance which have been approved for use
389by the Florida Building Commission or wind mitigation
390methodologies which have been approved by the Department of
391Financial Services. Division I certificateholders or registrants
392who demonstrate proficiency upon completion of such specialized
393courses may certify plans and specifications for one and two
394family dwellings to be in compliance with the code or alternate
395methodologies, as appropriate, except for dwellings located in
396floodways or coastal hazard areas as defined in ss. 60.3D and E
397of the National Flood Insurance Program. Upon completion of such
398specialized wind mitigation courses, Division I
399certificateholders or registrants who demonstrate proficiency in
400wind mitigation methodologies may conduct wind mitigation
401inspections. For purposes of this subparagraph, the term "wind
402mitigation inspection" has the same meaning as provided in s.
403468.851.
404     3.  Each certificateholder or registrant shall provide to
405the board proof of completion of the core curriculum courses, or
406passing the equivalency test of the Building Code Training
407Program established under s. 553.841, specific to the licensing
408category sought, within 2 years after commencement of the
409program or of initial certification or registration, whichever
410is later. Classroom hours spent taking core curriculum courses
411shall count toward the number required for renewal of
412certificates or registration. A certificateholder or registrant
413who passes the equivalency test in lieu of taking the core
414curriculum courses shall receive full credit for core curriculum
415course hours.
416     4.  The board shall require, by rule adopted pursuant to
417ss. 120.536(1) and 120.54, a specified number of hours in
418specialized or advanced module courses, approved by the Florida
419Building Commission, on any portion of the Florida Building
420Code, adopted pursuant to part VII of chapter 553, relating to
421the contractor's respective discipline.
422     Section 8.  Paragraph (a) of subsection (3) of section
423626.2815, Florida Statutes, is amended to read:
424     626.2815  Continuing education required; application;
425exceptions; requirements; penalties.--
426     (3)(a)  Each person subject to the provisions of this
427section must, except as set forth in paragraphs (b), (c), and
428(d), complete a minimum of 24 hours of continuing education
429courses every 2 years in basic or higher-level courses
430prescribed by this section or in other courses approved by the
431department. Each person subject to the provisions of this
432section must complete, as part of his or her required number of
433continuing education hours, 3 hours of continuing education,
434approved by the department, every 2 years on the subject matter
435of ethics. Each licensed general lines agent and customer
436representative subject to this section must complete, as part of
437his or her required number of continuing education hours, 1 hour
438of continuing education, approved by the department, every 2
439years on the subject matter of premium discounts available on
440property insurance policies based on various hurricane
441mitigation options and the means for obtaining the discounts.
442     Section 9.  Paragraph (k) is added to subsection (2) of
443section 627.062, Florida Statutes, to read:
444     627.062  Rate standards.--
445     (2)  As to all such classes of insurance:
446     (k)  With respect to residential property insurance rate
447filings, the rate filing must account for mitigation measures
448undertaken by policyholders to reduce hurricane losses.
449
450The provisions of this subsection shall not apply to workers'
451compensation and employer's liability insurance and to motor
452vehicle insurance.
453     Section 10.  Effective October 1, 2007, subsection (1) of
454section 627.0629, Florida Statutes, is amended to read:
455     627.0629  Residential property insurance; rate filings.--
456     (1)  Effective June 1, 2002, a rate filing for residential
457property insurance must include actuarially reasonable
458discounts, credits, or other rate differentials, and, exclusive
459of discounts, credits, or other rate differentials, subject to
460deductible minimums set forth in s. 627.701, or appropriate
461reductions in deductibles, for properties on which fixtures or
462construction techniques demonstrated to reduce the amount of
463loss in a windstorm have been installed or implemented. The
464fixtures or construction techniques shall include, but not be
465limited to, fixtures or construction techniques which enhance
466roof strength, roof covering performance, roof-to-wall strength,
467wall-to-floor-to-foundation strength, opening protection, and
468window, door, and skylight strength. Credits, discounts, or
469other rate differentials, or appropriate reductions in
470deductibles, for fixtures and construction techniques which meet
471the minimum requirements of the Florida Building Code must be
472included in the rate filing. All insurance companies must make a
473rate filing which includes the credits, discounts, or other rate
474differentials or reductions in deductibles by February 28, 2003.
475By July 1, 2007, the office shall reevaluate the discounts,
476credits, other rate differentials, and appropriate reductions in
477deductibles for fixtures and construction techniques that meet
478the minimum requirements of the Florida Building Code, based
479upon actual experience or any other loss relativity studies
480available to the office. The office shall determine the
481discounts, credits, other rate differentials, and appropriate
482reductions in deductibles that reflect the full actuarial value
483of such revaluation, which may be used by insurers in rate
484filings.
485     Section 11.  Subsection (9) of section 627.701, Florida
486Statutes, is amended to read:
487     627.701  Liability of insureds; coinsurance; deductibles.--
488     (9)  With respect to hurricane coverage provided in a
489policy of residential coverage, when the policyholder has taken
490appropriate hurricane mitigation measures regarding the
491residence covered under the policy, the insurer shall may
492provide the insured the option of selecting an appropriate
493reduction in the policy's hurricane deductible or in lieu of
494selecting the appropriate discount credit or other rate
495differential as provided in s. 627.0629. If made available by
496the insurer, The insurer must provide the policyholder with
497notice of the options available under this subsection on a form
498approved by the office.
499     Section 12.  Section 627.711, Florida Statutes, is amended
500to read:
501     627.711  Notice of premium discounts for hurricane loss
502mitigation; uniform mitigation verification inspection form.--
503     (1)  Using a form prescribed by the Office of Insurance
504Regulation, the insurer shall clearly notify the applicant or
505policyholder of any personal lines residential property
506insurance policy, at the time of the issuance of the policy and
507at each renewal, of the availability and the range of each
508premium discount, credit, other rate differential, or reduction
509in deductibles for properties on which fixtures or construction
510techniques demonstrated to reduce the amount of loss in a
511windstorm can be or have been installed or implemented. The
512prescribed form shall describe generally what actions the
513policyholders may be able to take to reduce their windstorm
514premium. The prescribed form and a list of such ranges approved
515by the office for each insurer licensed in the state and
516providing such discounts, credits, other rate differentials, or
517reductions in deductibles for properties described in this
518subsection shall be available for electronic viewing and
519download from the Department of Financial Services' or the
520Office of Insurance Regulation's Internet website. The Financial
521Services Commission may adopt rules to implement this
522subsection.
523     (2)  The Financial Services Commission shall develop by
524rule a uniform mitigation verification inspection form that
525shall be used by all insurers when factoring discounts for wind
526insurance. In developing the form, the commission shall seek
527input from insurance, construction, and building code
528representatives. Further, the commission shall provide guidance
529as to the length of time the inspection results are valid. This
530form shall be used in conjunction with the wind certification
531and hurricane mitigation inspections conducted by licensed and
532exempt professionals pursuant to ss. 215.5586 and 468.851.
533     Section 13.  Windstorm Mitigation Study Committee.--
534     (1)(a)  The Windstorm Mitigation Study Commission is
535created and shall be composed of eight members as follows:
536     1.  Two members shall be appointed by the Governor, with
537one designated by the Governor to serve as chair.
538     2.  Two members shall be appointed by the Chief Financial
539Officer.
540     3.  Two members shall be appointed by the President of the
541Senate.
542     4.  Two members shall be appointed by the Speaker of the
543House of Representatives.
544     (b)  Each member must be knowledgeable of issues concerning
545the mitigation of the effects of windstorms on structures in
546this state and at least one member must represent primarily the
547interests of homeowners.
548     (2)(a)  The members of the committee shall serve without
549compensation, but are entitled to reimbursement for all
550necessary expenses incurred in performing their duties,
551including travel expenses, in accordance with s. 112.061,
552Florida Statutes. Reimbursements for travel shall be paid by the
553appointing entity.
554     (b)  The committee shall meet as necessary, at the call of
555the chair, and at the time and place designated by the chair.
556The committee may conduct its meetings through teleconferences
557or other similar means. The first meeting of the committee shall
558occur no later than February 9, 2007.
559     (3)  The Department of Financial Services, the Office of
560Insurance Regulation, the Citizens Property Insurance
561Corporation, and other agencies of this state shall supply any
562information, assistance, and facilities that are considered
563necessary by the committee to carry out its duties under this
564section. The department shall provide staff assistance as
565necessary in order to carry out the required clerical and
566administrative functions of the committee.
567     (4)  The committee shall analyze those solutions and
568programs that address the state's acute need to mitigate the
569effects of windstorms on structures, especially residential
570property that is located in areas at greatest risk of windstorm
571damage, including programs or proposals that provide for:
572     (a)  The availability of home inspections for windstorm
573resistance.
574     (b)  Grants to assist homeowners, and possibly other groups
575of property owners, to harden their property against windstorm
576damage.
577     (c)  The full actuarial value to be reflected in premium
578credits for windstorm mitigation.
579     (d)  The most effective way to inform policyholders of the
580availability of and means by which to obtain premium credits for
581windstorm mitigation.
582     (e)  Coordination among federal, local, and private
583initiatives.
584     (f)  Streamlining or strengthening applicable state,
585regional, and local regulations.
586     (g)  The stimulation of public and private efforts to
587mitigate against windstorm injury and damage.
588     (h)  The discovery and assessment of funding sources for
589windstorm mitigation.
590     (i)  Tax incentives for windstorm mitigation.
591     (j)  Consumer information concerning the benefits of
592windstorm mitigation, including personal safety as well as
593property security.
594     (k)  Research on windstorm mitigation.
595
596The committee may develop any other solutions and programs that
597it considers appropriate.
598     (5)  In performing its analysis, the committee shall
599consider both the safety of the residents of this state and the
600protection of real property, especially residential. In
601addition, the committee shall consider both short-term and long-
602term solutions and programs.
603     (6)  The committee shall review, evaluate, and make
604recommendations regarding existing and proposed programs and
605initiatives for mitigating windstorm damage.
606     (7)  The committee shall provide recommendations, including
607proposed legislation, to the Governor, the President of the
608Senate, the Speaker of the House of Representatives, the Chief
609Financial Officer, and the Commissioner of Insurance Regulation
610by March 6, 2007.
611     (8)  The committee shall expire on May 15, 2007.
612     Section 14.  The Financial Services Commission shall adopt
613a uniform home grading scale to grade the ability of a home to
614withstand the wind load from a sustained severe tropical storm
615or hurricane. The commission shall coordinate with the Office of
616Insurance Regulation, the Department of Financial Services, and
617the Department of Community Affairs in developing the grading
618scale, which must be based upon and consistent with the rating
619system required by chapter 2006-12, Laws of Florida. The
620commission shall adopt the uniform grading scale by rule no
621later than June 30, 2007.
622     Section 15.  For fiscal year 2006-2007, the sum of
623$100,066,518 is appropriated in fixed capital outlay from the
624Florida Small Cities Community Development Block Grant Program
625Fund to the Department of Community Affairs. These funds shall
626be used consistent with The Federal Register, Vol. 71, No. 209,
627Docket No. FR-5089-N-01, and the Action Plan for Disaster
628Recovery Approved by the United States Department of Housing and
629Urban Development. This funding shall be used to harden single-
630family and multifamily housing  to ensure that affordable
631housing can withstand the effects of hurricane force winds and
632to mitigate against the increasing costs of insurance. Funds may
633also be used to support housing rehabilitation or repair and
634infrastructure development or improvement in accordance with the
635approved action plan.
636     Section 16.  For fiscal year 2006-2007, there is
637appropriated $1,761,000 from the Department of Business and
638Professional Regulation's Professional Regulation Trust Fund and
6395 FTE to the Department of Business and Professional Regulation
640for the purposes of implementing section 3 of this act.
641     Section 17.  For fiscal year 2006-2007, there is
642appropriated $2,000,000 from the Department of Financial
643Services' Insurance Regulatory Trust Fund to the Department of
644Financial Services for the purposes of implementing section 14
645of this act.
646     Section 18.  Except as otherwise expressly provided in this
647act, this act shall take effect upon becoming a law.


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