1 | A bill to be entitled |
2 | An act relating to hurricane preparedness and insurance; |
3 | providing a short title; amending s. 215.5586, F.S.; |
4 | revising criteria for wind certification and hurricane |
5 | mitigation inspectors; requiring a level 2 background |
6 | check for wind certification and hurricane mitigation |
7 | inspectors; revising certain financial wind certification |
8 | and mitigation grant criteria and use provisions; |
9 | providing additional uses for grant funding for certain |
10 | homeowners; authorizing the Department of Financial |
11 | Services to contract with a not-for-profit corporation to |
12 | conduct the Florida Comprehensive Hurricane Damage |
13 | Mitigation Program and enhance awareness of the benefits |
14 | of mitigation; requiring the department to develop and |
15 | maintain a list of wind certification and hurricane |
16 | mitigation inspectors; amending s. 626.2815, F.S.; |
17 | requiring continuing education for certain agents and |
18 | customer representatives on the subject of premium |
19 | discounts for hurricane mitigation options; amending s. |
20 | 627.062, F.S.; requiring certain rate filings to account |
21 | for certain mitigation measures; amending s. 627.0629, |
22 | F.S.; providing for reductions in deductibles for |
23 | mitigation measures; amending s. 627.701, F.S.; requiring |
24 | insurers to provide insureds options for certain |
25 | deductibles, credits, or rate differentials; amending s. |
26 | 627.711, F.S.; requiring the Financial Services Commission |
27 | to develop uniform mitigation verification inspection |
28 | forms; providing duties of the commission; creating the |
29 | Windstorm Mitigation Study Committee for the purpose of |
30 | analyzing solutions and programs that could address the |
31 | state's need to mitigate the effects of windstorms on |
32 | structures; providing for membership and qualifications; |
33 | providing that the members are entitled to reimbursement |
34 | for expenses incurred in connection with their duties; |
35 | providing for reimbursement of travel expenses; requiring |
36 | the Department of Financial Services, the Office of |
37 | Insurance Regulation, the Citizens Property Insurance |
38 | Corporation, and other state agencies to supply |
39 | information, assistance, and facilities to the committee; |
40 | requiring the department to provide staff assistance; |
41 | specifying duties of the committee; requiring the |
42 | committee to report to the Governor, the Legislature, the |
43 | Chief Financial Officer, and the Commissioner of Insurance |
44 | Regulation by a specified date; providing for expiration |
45 | of the committee; requiring the Financial Services |
46 | Commission to adopt a uniform home grading scale for |
47 | certain purposes; providing criteria; providing an |
48 | appropriation to the Department of Community Affairs for |
49 | certain purposes; specifying use of funds; providing |
50 | appropriations; providing effective dates. |
51 |
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52 | Be It Enacted by the Legislature of the State of Florida: |
53 |
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54 | Section 1. This act may be cited as the "Home Enhancement |
55 | and Loss Prevention Act." |
56 | Section 2. Paragraph (b) of subsection (1) and subsection |
57 | (2) of section 215.5586, Florida Statutes, are amended, |
58 | paragraph (c) is added to subsection (1), and subsections (7) |
59 | and (8) are added to that section, to read: |
60 | 215.5586 Florida Comprehensive Hurricane Damage Mitigation |
61 | Program.--There is established within the Department of |
62 | Financial Services the Florida Comprehensive Hurricane Damage |
63 | Mitigation Program. This section does not create an entitlement |
64 | for property owners or obligate the state in any way to fund the |
65 | inspection or retrofitting of residential property in this |
66 | state. Implementation of this program is subject to annual |
67 | legislative appropriations. The program shall be administered by |
68 | an individual with prior executive experience in the private |
69 | sector in the areas of insurance, business, or construction. The |
70 | program shall develop and implement a comprehensive and |
71 | coordinated approach for hurricane damage mitigation that shall |
72 | include the following: |
73 | (1) WIND CERTIFICATION AND HURRICANE MITIGATION |
74 | INSPECTIONS.-- |
75 | (b) To qualify for selection by the department as a |
76 | provider of wind certification and hurricane mitigation |
77 | inspections, the entity shall, at a minimum: |
78 | 1. Use wind certification and hurricane mitigation |
79 | inspectors who: |
80 | a. Have prior experience in residential construction or |
81 | inspection and have received specialized training in hurricane |
82 | mitigation procedures. |
83 | b. Have undergone drug testing and level 2 background |
84 | checks pursuant to s. 435.04. |
85 | c. Have been certified, in a manner satisfactory to the |
86 | department, to conduct the inspections. |
87 | 2. Provide a quality assurance program including a |
88 | reinspection component. |
89 | (2) GRANTS.--Financial grants shall be used to encourage |
90 | single-family, site-built, owner-occupied, residential property |
91 | owners to retrofit their properties to make them less vulnerable |
92 | to hurricane damage. |
93 | (a) To be eligible for a grant, a residential property |
94 | must: |
95 | 1. Have been granted a homestead exemption under chapter |
96 | 196. |
97 | 2. Be a dwelling with an insured value of $500,000 or |
98 | less. Homeowners who are low-income persons, as defined in s. |
99 | 420.0004(10), are exempt from this requirement. |
100 | 3. Have undergone an acceptable wind certification and |
101 | hurricane mitigation inspection, if the property is an existing |
102 | structure. |
103 |
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104 | A residential property which is part of a multifamily |
105 | residential unit may receive a grant only if all homeowners |
106 | participate and the total number of units does not exceed four. |
107 | (b) All grants must be matched on a dollar-for-dollar |
108 | basis for a total of $10,000 for the mitigation project with the |
109 | state's contribution not to exceed $5,000. |
110 | (c) The program shall create a process in which mitigation |
111 | contractors agree to participate and seek reimbursement from the |
112 | state and homeowners select from a list of participating |
113 | contractors. All mitigation must be based upon the securing of |
114 | all required local permits and inspections. Mitigation projects |
115 | are subject to random reinspection of up to at least 10 percent |
116 | of all projects. |
117 | (d) Matching fund grants shall also be made available to |
118 | local governments and nonprofit entities for projects that will |
119 | reduce hurricane damage to single-family, site-built, owner- |
120 | occupied, 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 |
130 | structure or on a rebuild. A rebuild is defined as a site-built, |
131 | single-family dwelling under construction to replace a home that |
132 | was destroyed or significantly damaged by a hurricane and deemed |
133 | unlivable by a regulatory authority. The homeowner must have had |
134 | a homestead exemption prior to the hurricane and maintained the |
135 | homestead exemption. |
136 | (g)(f) Low-income homeowners, as defined in s. |
137 | 420.0004(10)(9), who otherwise meet the requirements of |
138 | paragraphs (a), and (c), (e), and (f) are eligible for a grant |
139 | of up to $5,000 and are not required to provide a matching |
140 | amount to receive the grant. Additionally, for low-income |
141 | homeowners, grant funding may be used for repair to existing |
142 | structures leading to any of the mitigation improvements |
143 | provided in paragraph (e), limited to 20 percent of the grant |
144 | value. Such grants shall be used to retrofit single-family, |
145 | site-built, owner-occupied, residential properties in order to |
146 | make them less vulnerable to hurricane damage. |
147 | (7) CONTRACT WITH NOT-FOR-PROFIT CORPORATION.--The |
148 | Department of Financial Services is authorized to contract with |
149 | a not-for-profit corporation to conduct all or portions of the |
150 | program and to increase the awareness of the benefits of |
151 | mitigation among homeowners in this state. The department shall |
152 | consider the not-for-profit corporation's ability to raise funds |
153 | from the private sector to provide for mitigation grants, as |
154 | well as administrative capabilities for conducting other |
155 | business related to the program. |
156 | (8) WIND CERTIFICATION AND HURRICANE MITIGATION INSPECTOR |
157 | LIST.--The department shall develop and maintain as a public |
158 | record a current list of wind certification and hurricane |
159 | mitigation inspectors authorized to conduct wind certification |
160 | and hurricane mitigation inspections pursuant to this section. |
161 | Section 3. Paragraph (a) of subsection (3) of section |
162 | 626.2815, Florida Statutes, is amended to read: |
163 | 626.2815 Continuing education required; application; |
164 | exceptions; requirements; penalties.-- |
165 | (3)(a) Each person subject to the provisions of this |
166 | section must, except as set forth in paragraphs (b), (c), and |
167 | (d), complete a minimum of 24 hours of continuing education |
168 | courses every 2 years in basic or higher-level courses |
169 | prescribed by this section or in other courses approved by the |
170 | department. Each person subject to the provisions of this |
171 | section must complete, as part of his or her required number of |
172 | continuing education hours, 3 hours of continuing education, |
173 | approved by the department, every 2 years on the subject matter |
174 | of ethics. Each licensed general lines agent and customer |
175 | representative subject to this section must complete, as part of |
176 | his or her required number of continuing education hours, 1 hour |
177 | of continuing education, approved by the department, every 2 |
178 | years on the subject matter of premium discounts available on |
179 | property insurance policies based on various hurricane |
180 | mitigation options and the means for obtaining the discounts. |
181 | Section 4. Paragraph (k) is added to subsection (2) of |
182 | section 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 |
186 | filings, the rate filing must account for mitigation measures |
187 | undertaken by policyholders to reduce hurricane losses. |
188 |
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189 | The provisions of this subsection shall not apply to workers' |
190 | compensation and employer's liability insurance and to motor |
191 | vehicle insurance. |
192 | Section 5. Effective October 1, 2007, subsection (1) of |
193 | section 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 |
196 | property insurance must include actuarially reasonable |
197 | discounts, credits, or other rate differentials, and, exclusive |
198 | of discounts, credits, or other rate differentials, subject to |
199 | deductible minimums set forth in s. 627.701, or appropriate |
200 | reductions in deductibles, for properties on which fixtures or |
201 | construction techniques demonstrated to reduce the amount of |
202 | loss in a windstorm have been installed or implemented. The |
203 | fixtures or construction techniques shall include, but not be |
204 | limited to, fixtures or construction techniques which enhance |
205 | roof strength, roof covering performance, roof-to-wall strength, |
206 | wall-to-floor-to-foundation strength, opening protection, and |
207 | window, door, and skylight strength. Credits, discounts, or |
208 | other rate differentials, or appropriate reductions in |
209 | deductibles, for fixtures and construction techniques which meet |
210 | the minimum requirements of the Florida Building Code must be |
211 | included in the rate filing. All insurance companies must make a |
212 | rate filing which includes the credits, discounts, or other rate |
213 | differentials or reductions in deductibles by February 28, 2003. |
214 | By July 1, 2007, the office shall reevaluate the discounts, |
215 | credits, other rate differentials, and appropriate reductions in |
216 | deductibles for fixtures and construction techniques that meet |
217 | the minimum requirements of the Florida Building Code, based |
218 | upon actual experience or any other loss relativity studies |
219 | available to the office. The office shall determine the |
220 | discounts, credits, other rate differentials, and appropriate |
221 | reductions in deductibles that reflect the full actuarial value |
222 | of such revaluation, which may be used by insurers in rate |
223 | filings. |
224 | Section 6. Subsection (9) of section 627.701, Florida |
225 | Statutes, is amended to read: |
226 | 627.701 Liability of insureds; coinsurance; deductibles.-- |
227 | (9) With respect to hurricane coverage provided in a |
228 | policy of residential coverage, when the policyholder has taken |
229 | appropriate hurricane mitigation measures regarding the |
230 | residence covered under the policy, the insurer shall may |
231 | provide the insured the option of selecting an appropriate |
232 | reduction in the policy's hurricane deductible or in lieu of |
233 | selecting the appropriate discount credit or other rate |
234 | differential as provided in s. 627.0629. If made available by |
235 | the insurer, The insurer must provide the policyholder with |
236 | notice of the options available under this subsection on a form |
237 | approved by the office. |
238 | Section 7. Section 627.711, Florida Statutes, is amended |
239 | to read: |
240 | 627.711 Notice of premium discounts for hurricane loss |
241 | mitigation; uniform mitigation verification inspection form.-- |
242 | (1) Using a form prescribed by the Office of Insurance |
243 | Regulation, the insurer shall clearly notify the applicant or |
244 | policyholder of any personal lines residential property |
245 | insurance policy, at the time of the issuance of the policy and |
246 | at each renewal, of the availability and the range of each |
247 | premium discount, credit, other rate differential, or reduction |
248 | in deductibles for properties on which fixtures or construction |
249 | techniques demonstrated to reduce the amount of loss in a |
250 | windstorm can be or have been installed or implemented. The |
251 | prescribed form shall describe generally what actions the |
252 | policyholders may be able to take to reduce their windstorm |
253 | premium. The prescribed form and a list of such ranges approved |
254 | by the office for each insurer licensed in the state and |
255 | providing such discounts, credits, other rate differentials, or |
256 | reductions in deductibles for properties described in this |
257 | subsection shall be available for electronic viewing and |
258 | download from the Department of Financial Services' or the |
259 | Office of Insurance Regulation's Internet website. The Financial |
260 | Services Commission may adopt rules to implement this |
261 | subsection. |
262 | (2) The Financial Services Commission shall develop by |
263 | rule a uniform mitigation verification inspection form that |
264 | shall be used by all insurers when factoring discounts for wind |
265 | insurance. In developing the form, the commission shall seek |
266 | input from insurance, construction, and building code |
267 | representatives. Further, the commission shall provide guidance |
268 | as 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 |
271 | created and shall be composed of eight members as follows: |
272 | 1. Two members shall be appointed by the Governor, with |
273 | one designated by the Governor to serve as chair. |
274 | 2. Two members shall be appointed by the Chief Financial |
275 | Officer. |
276 | 3. Two members shall be appointed by the President of the |
277 | Senate. |
278 | 4. Two members shall be appointed by the Speaker of the |
279 | House of Representatives. |
280 | (b) Each member must be knowledgeable of issues concerning |
281 | the mitigation of the effects of windstorms on structures in |
282 | this state and at least one member must represent primarily the |
283 | interests of homeowners. |
284 | (2)(a) The members of the committee shall serve without |
285 | compensation, but are entitled to reimbursement for all |
286 | necessary expenses incurred in performing their duties, |
287 | including travel expenses, in accordance with s. 112.061, |
288 | Florida Statutes. Reimbursements for travel shall be paid by the |
289 | appointing entity. |
290 | (b) The committee shall meet as necessary, at the call of |
291 | the chair, and at the time and place designated by the chair. |
292 | The committee may conduct its meetings through teleconferences |
293 | or other similar means. The first meeting of the committee shall |
294 | occur no later than February 9, 2007. |
295 | (3) The Department of Financial Services, the Office of |
296 | Insurance Regulation, the Citizens Property Insurance |
297 | Corporation, and other agencies of this state shall supply any |
298 | information, assistance, and facilities that are considered |
299 | necessary by the committee to carry out its duties under this |
300 | section. The department shall provide staff assistance as |
301 | necessary in order to carry out the required clerical and |
302 | administrative functions of the committee. |
303 | (4) The committee shall analyze those solutions and |
304 | programs that address the state's acute need to mitigate the |
305 | effects of windstorms on structures, especially residential |
306 | property that is located in areas at greatest risk of windstorm |
307 | damage, including programs or proposals that provide for: |
308 | (a) The availability of home inspections for windstorm |
309 | resistance. |
310 | (b) Grants to assist homeowners, and possibly other groups |
311 | of property owners, to harden their property against windstorm |
312 | damage. |
313 | (c) The full actuarial value to be reflected in premium |
314 | credits for windstorm mitigation. |
315 | (d) The most effective way to inform policyholders of the |
316 | availability of and means by which to obtain premium credits for |
317 | windstorm mitigation. |
318 | (e) Coordination among federal, local, and private |
319 | initiatives. |
320 | (f) Streamlining or strengthening applicable state, |
321 | regional, and local regulations. |
322 | (g) The stimulation of public and private efforts to |
323 | mitigate against windstorm injury and damage. |
324 | (h) The discovery and assessment of funding sources for |
325 | windstorm mitigation. |
326 | (i) Tax incentives for windstorm mitigation. |
327 | (j) Consumer information concerning the benefits of |
328 | windstorm mitigation, including personal safety as well as |
329 | property security. |
330 | (k) Research on windstorm mitigation. |
331 |
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332 | The committee may develop any other solutions and programs that |
333 | it considers appropriate. |
334 | (5) In performing its analysis, the committee shall |
335 | consider both the safety of the residents of this state and the |
336 | protection of real property, especially residential. In |
337 | addition, the committee shall consider both short-term and long- |
338 | term solutions and programs. |
339 | (6) The committee shall review, evaluate, and make |
340 | recommendations regarding existing and proposed programs and |
341 | initiatives for mitigating windstorm damage. |
342 | (7) The committee shall provide recommendations, including |
343 | proposed legislation, to the Governor, the President of the |
344 | Senate, the Speaker of the House of Representatives, the Chief |
345 | Financial Officer, and the Commissioner of Insurance Regulation |
346 | by March 6, 2007. |
347 | (8) The committee shall expire on May 15, 2007. |
348 | Section 9. The Financial Services Commission shall adopt a |
349 | uniform home grading scale to grade the ability of a home to |
350 | withstand the wind load from a sustained severe tropical storm |
351 | or hurricane. The commission shall coordinate with the Office of |
352 | Insurance Regulation, the Department of Financial Services, and |
353 | the Department of Community Affairs in developing the grading |
354 | scale, which must be based upon and consistent with the rating |
355 | system required by chapter 2006-12, Laws of Florida. The |
356 | commission shall adopt the uniform grading scale by rule no |
357 | later 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 |
360 | Florida Small Cities Community Development Block Grant Program |
361 | Fund to the Department of Community Affairs. These funds shall |
362 | be used consistent with The Federal Register, Vol. 71, No. 209, |
363 | Docket No. FR-5089-N-01, and the Action Plan for Disaster |
364 | Recovery Approved by the United States Department of Housing and |
365 | Urban Development. This funding shall be used to harden single- |
366 | family and multifamily housing to ensure that affordable |
367 | housing can withstand the effects of hurricane force winds and |
368 | to mitigate against the increasing costs of insurance. Funds may |
369 | also be used to support housing rehabilitation or repair and |
370 | infrastructure development or improvement in accordance with the |
371 | approved action plan. |
372 | Section 11. For fiscal year 2006-2007, there is |
373 | appropriated $2,000,000 from the Department of Financial |
374 | Services' Insurance Regulatory Trust Fund to the Department of |
375 | Financial Services for the purposes of implementing section 9 of |
376 | this act. |
377 | Section 12. Except as otherwise expressly provided in this |
378 | act, this act shall take effect upon becoming a law. |