CS/CS/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 inspectors; requiring a level 2 background
6check for wind certification and hurricane mitigation
7inspectors; revising certain financial wind certification
8and mitigation grant criteria and use provisions;
9providing additional uses for grant funding for certain
10homeowners; authorizing the Department of Financial
11Services to contract with a not-for-profit corporation to
12conduct the Florida Comprehensive Hurricane Damage
13Mitigation Program and enhance awareness of the benefits
14of mitigation; requiring the department to develop and
15maintain a list of wind certification and hurricane
16mitigation inspectors; amending s. 626.2815, F.S.;
17requiring continuing education for certain agents and
18customer representatives on the subject of premium
19discounts for hurricane mitigation options; amending s.
20627.062, F.S.; requiring certain rate filings to account
21for certain mitigation measures; amending s. 627.0629,
22F.S.; providing for reductions in deductibles for
23mitigation measures; amending s. 627.701, F.S.; requiring
24insurers to provide insureds options for certain
25deductibles, credits, or rate differentials; amending s.
26627.711, F.S.; requiring the Financial Services Commission
27to develop uniform mitigation verification inspection
28forms; providing duties of the commission; creating the
29Windstorm Mitigation Study Committee for the purpose of
30analyzing solutions and programs that could address the
31state's need to mitigate the effects of windstorms on
32structures; providing for membership and qualifications;
33providing that the members are entitled to reimbursement
34for expenses incurred in connection with their duties;
35providing for reimbursement of travel expenses; requiring
36the Department of Financial Services, the Office of
37Insurance Regulation, the Citizens Property Insurance
38Corporation, and other state agencies to supply
39information, assistance, and facilities to the committee;
40requiring the department to provide staff assistance;
41specifying duties of the committee; requiring the
42committee to report to the Governor, the Legislature, the
43Chief Financial Officer, and the Commissioner of Insurance
44Regulation by a specified date; providing for expiration
45of the committee; requiring the Financial Services
46Commission to adopt a uniform home grading scale for
47certain purposes; providing criteria; providing an
48appropriation to the Department of Community Affairs for
49certain purposes; specifying use of funds; providing
50appropriations; providing effective dates.
51
52Be It Enacted by the Legislature of the State of Florida:
53
54     Section 1.  This act may be cited as the "Home Enhancement
55and Loss Prevention Act."
56     Section 2.  Paragraph (b) of subsection (1) and subsection
57(2) of section 215.5586, Florida Statutes, are amended,
58paragraph (c) is added to subsection (1), and subsections (7)
59and (8) are added to that section, to read:
60     215.5586  Florida Comprehensive Hurricane Damage Mitigation
61Program.--There is established within the Department of
62Financial Services the Florida Comprehensive Hurricane Damage
63Mitigation Program. This section does not create an entitlement
64for property owners or obligate the state in any way to fund the
65inspection or retrofitting of residential property in this
66state. Implementation of this program is subject to annual
67legislative appropriations. The program shall be administered by
68an individual with prior executive experience in the private
69sector in the areas of insurance, business, or construction. The
70program shall develop and implement a comprehensive and
71coordinated approach for hurricane damage mitigation that shall
72include the following:
73     (1)  WIND CERTIFICATION AND HURRICANE MITIGATION
74INSPECTIONS.--
75     (b)  To qualify for selection by the department as a
76provider of wind certification and hurricane mitigation
77inspections, the entity shall, at a minimum:
78     1.  Use wind certification and hurricane mitigation
79inspectors who:
80     a.  Have prior experience in residential construction or
81inspection and have received specialized training in hurricane
82mitigation procedures.
83     b.  Have undergone drug testing and level 2 background
84checks pursuant to s. 435.04.
85     c.  Have been certified, in a manner satisfactory to the
86department, to conduct the inspections.
87     2.  Provide a quality assurance program including a
88reinspection component.
89     (2)  GRANTS.--Financial grants shall be used to encourage
90single-family, site-built, owner-occupied, residential property
91owners to retrofit their properties to make them less vulnerable
92to hurricane damage.
93     (a)  To be eligible for a grant, a residential property
94must:
95     1.  Have been granted a homestead exemption under chapter
96196.
97     2.  Be a dwelling with an insured value of $500,000 or
98less. Homeowners who are low-income persons, as defined in s.
99420.0004(10), are exempt from this requirement.
100     3.  Have undergone an acceptable wind certification and
101hurricane mitigation inspection, if the property is an existing
102structure.
103
104A residential property which is part of a multifamily
105residential unit may receive a grant only if all homeowners
106participate and the total number of units does not exceed four.
107     (b)  All grants must be matched on a dollar-for-dollar
108basis for a total of $10,000 for the mitigation project with the
109state's contribution not to exceed $5,000.
110     (c)  The program shall create a process in which mitigation
111contractors agree to participate and seek reimbursement from the
112state and homeowners select from a list of participating
113contractors. All mitigation must be based upon the securing of
114all required local permits and inspections. Mitigation projects
115are subject to random reinspection of up to at least 10 percent
116of all projects.
117     (d)  Matching fund grants shall also be made available to
118local governments and nonprofit entities for projects that will
119reduce hurricane damage to single-family, site-built, owner-
120occupied, residential property.
121     (e)  Grants may be used for the following improvements:
122     1.  Roof deck attachment.;
123     2.  Secondary water barrier.;
124     3.  Roof covering.;
125     4.  Brace gable ends.;
126     5.  Reinforce roof-to-wall connections.;
127     6.  Opening protection.; and
128     7.  Exterior doors, including garage doors.
129     (f)  Grants may be used on a previously inspected existing
130structure or on a rebuild. A rebuild is defined as a site-built,
131single-family dwelling under construction to replace a home that
132was destroyed or significantly damaged by a hurricane and deemed
133unlivable by a regulatory authority. The homeowner must have had
134a homestead exemption prior to the hurricane and maintained the
135homestead exemption.
136     (g)(f)  Low-income homeowners, as defined in s.
137420.0004(10)(9), who otherwise meet the requirements of
138paragraphs (a), and (c), (e), and (f) are eligible for a grant
139of up to $5,000 and are not required to provide a matching
140amount to receive the grant. Additionally, for low-income
141homeowners, grant funding may be used for repair to existing
142structures leading to any of the mitigation improvements
143provided in paragraph (e), limited to 20 percent of the grant
144value. Such grants shall be used to retrofit single-family,
145site-built, owner-occupied, residential properties in order to
146make them less vulnerable to hurricane damage.
147     (7)  CONTRACT WITH NOT-FOR-PROFIT CORPORATION.--The
148Department of Financial Services is authorized to contract with
149a not-for-profit corporation to conduct all or portions of the
150program and to increase the awareness of the benefits of
151mitigation among homeowners in this state. The department shall
152consider the not-for-profit corporation's ability to raise funds
153from the private sector to provide for mitigation grants, as
154well as administrative capabilities for conducting other
155business related to the program.
156     (8)  WIND CERTIFICATION AND HURRICANE MITIGATION INSPECTOR
157LIST.--The department shall develop and maintain as a public
158record a current list of wind certification and hurricane
159mitigation inspectors authorized to conduct wind certification
160and hurricane mitigation inspections pursuant to this section.
161     Section 3.  Paragraph (a) of subsection (3) of section
162626.2815, Florida Statutes, is amended to read:
163     626.2815  Continuing education required; application;
164exceptions; requirements; penalties.--
165     (3)(a)  Each person subject to the provisions of this
166section must, except as set forth in paragraphs (b), (c), and
167(d), complete a minimum of 24 hours of continuing education
168courses every 2 years in basic or higher-level courses
169prescribed by this section or in other courses approved by the
170department. Each person subject to the provisions of this
171section must complete, as part of his or her required number of
172continuing education hours, 3 hours of continuing education,
173approved by the department, every 2 years on the subject matter
174of ethics. Each licensed general lines agent and customer
175representative subject to this section must complete, as part of
176his or her required number of continuing education hours, 1 hour
177of continuing education, approved by the department, every 2
178years on the subject matter of premium discounts available on
179property insurance policies based on various hurricane
180mitigation options and the means for obtaining the discounts.
181     Section 4.  Paragraph (k) is added to subsection (2) of
182section 627.062, Florida Statutes, to read:
183     627.062  Rate standards.--
184     (2)  As to all such classes of insurance:
185     (k)  With respect to residential property insurance rate
186filings, the rate filing must account for mitigation measures
187undertaken by policyholders to reduce hurricane losses.
188
189The provisions of this subsection shall not apply to workers'
190compensation and employer's liability insurance and to motor
191vehicle insurance.
192     Section 5.  Effective October 1, 2007, subsection (1) of
193section 627.0629, Florida Statutes, is amended to read:
194     627.0629  Residential property insurance; rate filings.--
195     (1)  Effective June 1, 2002, a rate filing for residential
196property insurance must include actuarially reasonable
197discounts, credits, or other rate differentials, and, exclusive
198of discounts, credits, or other rate differentials, subject to
199deductible minimums set forth in s. 627.701, or appropriate
200reductions in deductibles, for properties on which fixtures or
201construction techniques demonstrated to reduce the amount of
202loss in a windstorm have been installed or implemented. The
203fixtures or construction techniques shall include, but not be
204limited to, fixtures or construction techniques which enhance
205roof strength, roof covering performance, roof-to-wall strength,
206wall-to-floor-to-foundation strength, opening protection, and
207window, door, and skylight strength. Credits, discounts, or
208other rate differentials, or appropriate reductions in
209deductibles, for fixtures and construction techniques which meet
210the minimum requirements of the Florida Building Code must be
211included in the rate filing. All insurance companies must make a
212rate filing which includes the credits, discounts, or other rate
213differentials or reductions in deductibles by February 28, 2003.
214By July 1, 2007, the office shall reevaluate the discounts,
215credits, other rate differentials, and appropriate reductions in
216deductibles for fixtures and construction techniques that meet
217the minimum requirements of the Florida Building Code, based
218upon actual experience or any other loss relativity studies
219available to the office. The office shall determine the
220discounts, credits, other rate differentials, and appropriate
221reductions in deductibles that reflect the full actuarial value
222of such revaluation, which may be used by insurers in rate
223filings.
224     Section 6.  Subsection (9) of section 627.701, Florida
225Statutes, is amended to read:
226     627.701  Liability of insureds; coinsurance; deductibles.--
227     (9)  With respect to hurricane coverage provided in a
228policy of residential coverage, when the policyholder has taken
229appropriate hurricane mitigation measures regarding the
230residence covered under the policy, the insurer shall may
231provide the insured the option of selecting an appropriate
232reduction in the policy's hurricane deductible or in lieu of
233selecting the appropriate discount credit or other rate
234differential as provided in s. 627.0629. If made available by
235the insurer, The insurer must provide the policyholder with
236notice of the options available under this subsection on a form
237approved by the office.
238     Section 7.  Section 627.711, Florida Statutes, is amended
239to read:
240     627.711  Notice of premium discounts for hurricane loss
241mitigation; uniform mitigation verification inspection form.--
242     (1)  Using a form prescribed by the Office of Insurance
243Regulation, the insurer shall clearly notify the applicant or
244policyholder of any personal lines residential property
245insurance policy, at the time of the issuance of the policy and
246at each renewal, of the availability and the range of each
247premium discount, credit, other rate differential, or reduction
248in deductibles for properties on which fixtures or construction
249techniques demonstrated to reduce the amount of loss in a
250windstorm can be or have been installed or implemented. The
251prescribed form shall describe generally what actions the
252policyholders may be able to take to reduce their windstorm
253premium. The prescribed form and a list of such ranges approved
254by the office for each insurer licensed in the state and
255providing such discounts, credits, other rate differentials, or
256reductions in deductibles for properties described in this
257subsection shall be available for electronic viewing and
258download from the Department of Financial Services' or the
259Office of Insurance Regulation's Internet website. The Financial
260Services Commission may adopt rules to implement this
261subsection.
262     (2)  The Financial Services Commission shall develop by
263rule a uniform mitigation verification inspection form that
264shall be used by all insurers when factoring discounts for wind
265insurance. In developing the form, the commission shall seek
266input from insurance, construction, and building code
267representatives. Further, the commission shall provide guidance
268as to the length of time the inspection results are valid.
269     Section 8.  Windstorm Mitigation Study Committee.--
270     (1)(a)  The Windstorm Mitigation Study Commission is
271created and shall be composed of eight members as follows:
272     1.  Two members shall be appointed by the Governor, with
273one designated by the Governor to serve as chair.
274     2.  Two members shall be appointed by the Chief Financial
275Officer.
276     3.  Two members shall be appointed by the President of the
277Senate.
278     4.  Two members shall be appointed by the Speaker of the
279House of Representatives.
280     (b)  Each member must be knowledgeable of issues concerning
281the mitigation of the effects of windstorms on structures in
282this state and at least one member must represent primarily the
283interests of homeowners.
284     (2)(a)  The members of the committee shall serve without
285compensation, but are entitled to reimbursement for all
286necessary expenses incurred in performing their duties,
287including travel expenses, in accordance with s. 112.061,
288Florida Statutes. Reimbursements for travel shall be paid by the
289appointing entity.
290     (b)  The committee shall meet as necessary, at the call of
291the chair, and at the time and place designated by the chair.
292The committee may conduct its meetings through teleconferences
293or other similar means. The first meeting of the committee shall
294occur no later than February 9, 2007.
295     (3)  The Department of Financial Services, the Office of
296Insurance Regulation, the Citizens Property Insurance
297Corporation, and other agencies of this state shall supply any
298information, assistance, and facilities that are considered
299necessary by the committee to carry out its duties under this
300section. The department shall provide staff assistance as
301necessary in order to carry out the required clerical and
302administrative functions of the committee.
303     (4)  The committee shall analyze those solutions and
304programs that address the state's acute need to mitigate the
305effects of windstorms on structures, especially residential
306property that is located in areas at greatest risk of windstorm
307damage, including programs or proposals that provide for:
308     (a)  The availability of home inspections for windstorm
309resistance.
310     (b)  Grants to assist homeowners, and possibly other groups
311of property owners, to harden their property against windstorm
312damage.
313     (c)  The full actuarial value to be reflected in premium
314credits for windstorm mitigation.
315     (d)  The most effective way to inform policyholders of the
316availability of and means by which to obtain premium credits for
317windstorm mitigation.
318     (e)  Coordination among federal, local, and private
319initiatives.
320     (f)  Streamlining or strengthening applicable state,
321regional, and local regulations.
322     (g)  The stimulation of public and private efforts to
323mitigate against windstorm injury and damage.
324     (h)  The discovery and assessment of funding sources for
325windstorm mitigation.
326     (i)  Tax incentives for windstorm mitigation.
327     (j)  Consumer information concerning the benefits of
328windstorm mitigation, including personal safety as well as
329property security.
330     (k)  Research on windstorm mitigation.
331
332The committee may develop any other solutions and programs that
333it considers appropriate.
334     (5)  In performing its analysis, the committee shall
335consider both the safety of the residents of this state and the
336protection of real property, especially residential. In
337addition, the committee shall consider both short-term and long-
338term solutions and programs.
339     (6)  The committee shall review, evaluate, and make
340recommendations regarding existing and proposed programs and
341initiatives for mitigating windstorm damage.
342     (7)  The committee shall provide recommendations, including
343proposed legislation, to the Governor, the President of the
344Senate, the Speaker of the House of Representatives, the Chief
345Financial Officer, and the Commissioner of Insurance Regulation
346by March 6, 2007.
347     (8)  The committee shall expire on May 15, 2007.
348     Section 9.  The Financial Services Commission shall adopt a
349uniform home grading scale to grade the ability of a home to
350withstand the wind load from a sustained severe tropical storm
351or hurricane. The commission shall coordinate with the Office of
352Insurance Regulation, the Department of Financial Services, and
353the Department of Community Affairs in developing the grading
354scale, which must be based upon and consistent with the rating
355system required by chapter 2006-12, Laws of Florida. The
356commission shall adopt the uniform grading scale by rule no
357later than June 30, 2007.
358     Section 10.  For fiscal year 2006-2007, the sum of
359$100,066,518 is appropriated in fixed capital outlay from the
360Florida Small Cities Community Development Block Grant Program
361Fund to the Department of Community Affairs. These funds shall
362be used consistent with The Federal Register, Vol. 71, No. 209,
363Docket No. FR-5089-N-01, and the Action Plan for Disaster
364Recovery Approved by the United States Department of Housing and
365Urban Development. This funding shall be used to harden single-
366family and multifamily housing  to ensure that affordable
367housing can withstand the effects of hurricane force winds and
368to mitigate against the increasing costs of insurance. Funds may
369also be used to support housing rehabilitation or repair and
370infrastructure development or improvement in accordance with the
371approved action plan.
372     Section 11.  For fiscal year 2006-2007, there is
373appropriated $2,000,000 from the Department of Financial
374Services' Insurance Regulatory Trust Fund to the Department of
375Financial Services for the purposes of implementing section 9 of
376this act.
377     Section 12.  Except as otherwise expressly provided in this
378act, this act shall take effect upon becoming a law.


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