| 1 | A bill to be entitled | 
| 2 | An act relating to mitigation enhancement; amending s. | 
| 3 | 215.5586, F.S.; revising eligibility criteria for | 
| 4 | qualifying as a wind certification entity for certain | 
| 5 | purposes; deleting an obsolete provision; requiring the | 
| 6 | Department of Financial Services to implement a quality | 
| 7 | assurance program; revising authority of the department to | 
| 8 | require certain improvements to be made as a condition of | 
| 9 | reimbursing a homeowner approved for a grant; deleting a | 
| 10 | provision authorizing the department to transfer certain | 
| 11 | funds to Volunteer Florida Foundation, Inc., for certain | 
| 12 | purposes; deleting a requirement that Volunteer Florida, | 
| 13 | Inc., undertake certain activities; requiring the | 
| 14 | department to develop a no-interest loan program by a | 
| 15 | certain date; expanding authority of the department to | 
| 16 | contract with additional third parties for certain | 
| 17 | purposes; amending s. 627.062, F.S.; requiring insurers to | 
| 18 | account for county ordinances and local amendments to the | 
| 19 | Florida Building Code in certain rate filings; amending s. | 
| 20 | 627.711, F.S.; requiring insurers to accept as valid | 
| 21 | uniform mitigation verification forms certified by the | 
| 22 | department or signed by certain professionals; providing | 
| 23 | an effective date. | 
| 24 | 
 | 
| 25 | Be It Enacted by the Legislature of the State of Florida: | 
| 26 | 
 | 
| 27 | Section 1.  Subsection (1), paragraphs (e) and (j) of | 
| 28 | subsection (2), and subsections (8) and (10) of section | 
| 29 | 215.5586, Florida Statutes, are amended to read: | 
| 30 | 215.5586  My Safe Florida Home Program.--There is | 
| 31 | established within the Department of Financial Services the My | 
| 32 | Safe Florida Home Program. The department shall provide fiscal | 
| 33 | accountability, contract management, and strategic leadership | 
| 34 | for the program, consistent with this section. This section does | 
| 35 | not create an entitlement for property owners or obligate the | 
| 36 | state in any way to fund the inspection or retrofitting of | 
| 37 | residential property in this state. Implementation of this | 
| 38 | program is subject to annual legislative appropriations. It is | 
| 39 | the intent of the Legislature that the My Safe Florida Home | 
| 40 | Program provide inspections for at least 400,000 site-built, | 
| 41 | single-family, residential properties and provide grants to at | 
| 42 | least 35,000 applicants before June 30, 2009. The program shall | 
| 43 | develop and implement a comprehensive and coordinated approach | 
| 44 | for hurricane damage mitigation that shall include the | 
| 45 | following: | 
| 46 | (1)  HURRICANE MITIGATION INSPECTIONS.-- | 
| 47 | (a)  Free home-retrofit inspections of site-built, single- | 
| 48 | family, residential property shall be offered throughout the | 
| 49 | state to determine what mitigation measures are needed, what | 
| 50 | insurance premium discounts may be available, and what | 
| 51 | improvements to existing residential properties are needed to | 
| 52 | reduce the property's vulnerability to hurricane damage. The | 
| 53 | Department of Financial Services shall contract with wind | 
| 54 | certification entities to provide free hurricane mitigation | 
| 55 | inspections. The inspections provided to homeowners, at a | 
| 56 | minimum, must include: | 
| 57 | 1.  A home inspection and report that summarizes the | 
| 58 | results and identifies recommended improvements a homeowner may | 
| 59 | take to mitigate hurricane damage. | 
| 60 | 2.  A range of cost estimates regarding the recommended | 
| 61 | mitigation improvements. | 
| 62 | 3.  Insurer-specific information regarding premium | 
| 63 | discounts correlated to the current mitigation features and the | 
| 64 | recommended mitigation improvements identified by the | 
| 65 | inspection. | 
| 66 | 4.  A hurricane resistance rating scale specifying the | 
| 67 | home's current as well as projected wind resistance | 
| 68 | capabilities. As soon as practical, the rating scale must be the | 
| 69 | uniform home grading scale adopted by the Financial Services | 
| 70 | Commission pursuant to s. 215.55865. | 
| 71 | (b)  To qualify for selection by the department as a wind | 
| 72 | certification entity to provide hurricane mitigation | 
| 73 | inspections, the entity shall, at a minimum: | 
| 74 | 1.  Use hurricane mitigation inspectors who: | 
| 75 | a.  Are certified as a building code inspector under s. | 
| 76 | 468.607; | 
| 77 | b.  Are licensed as a general contractor or residential | 
| 78 | contractor under s. 489.111; | 
| 79 | c.  Are licensed as a professional engineer under s. | 
| 80 | 471.015 and have passed the appropriate equivalency test of the | 
| 81 | Building Code training program as required by s. 553.841; | 
| 82 | d. Are licensed as a professional architect under s. | 
| 83 | 481.213; or | 
| 84 | e. a.Have at least 2 years'priorexperience in | 
| 85 | residential construction or residential building inspection and | 
| 86 | have received specialized training in hurricane mitigation | 
| 87 | procedures. Such training may be provided by a class offered | 
| 88 | online or in person. | 
| 89 | 2.  Use hurricane mitigation inspectors who: | 
| 90 | a. b.Have undergone drug testing and level 2 background | 
| 91 | checks pursuant to s. 435.04. The department may is authorized  | 
| 92 | toconduct criminal record checks of inspectors used by wind | 
| 93 | certification entities. Inspectors must submit a set of the | 
| 94 | fingerprints to the department for state and national criminal | 
| 95 | history checks and must pay the fingerprint processing fee set | 
| 96 | forth in s. 624.501. The fingerprints shall be sent by the | 
| 97 | department to the Department of Law Enforcement and forwarded to | 
| 98 | the Federal Bureau of Investigation for processing. The results | 
| 99 | shall be returned to the department for screening. The | 
| 100 | fingerprints shall be taken by a law enforcement agency, | 
| 101 | designated examination center, or other department-approved | 
| 102 | entity. Hurricane mitigation inspectors participating in the  | 
| 103 | program on January 25, 2007, shall have until June 1, 2007, to  | 
| 104 | meet the requirements for a criminal record check. | 
| 105 | b. c.Have been certified, in a manner satisfactory to the | 
| 106 | department, to conduct the inspections. | 
| 107 | 3. 2.Provide a quality assurance program including a | 
| 108 | reinspection component. | 
| 109 | (c)  The department shall implement a quality assurance | 
| 110 | program that includes a statistically valid number of | 
| 111 | reinspections. | 
| 112 | (d) (c)An application for an inspection must contain a | 
| 113 | signed or electronically verified statement made under penalty | 
| 114 | of perjury that the applicant has submitted only a single | 
| 115 | application for that home. | 
| 116 | (e) (d)The owner of a site-built, single-family, | 
| 117 | residential property may apply for and receive an inspection | 
| 118 | without also applying for a grant pursuant to subsection (2) and | 
| 119 | without meeting the requirements of paragraph (2)(a). | 
| 120 | (2)  MITIGATION GRANTS.--Financial grants shall be used to | 
| 121 | encourage single-family, site-built, owner-occupied, residential | 
| 122 | property owners to retrofit their properties to make them less | 
| 123 | vulnerable to hurricane damage. | 
| 124 | (e)  When recommended by a hurricane mitigation inspection, | 
| 125 | grants may be used for the following improvements only: | 
| 126 | 1.  Opening protection. | 
| 127 | 2.  Exterior doors, including garage doors. | 
| 128 | 3.  Brace gable ends. | 
| 129 | 
 | 
| 130 | The department may require that improvements be made to all | 
| 131 | openings, including exterior doors and garage doors, as a | 
| 132 | condition of reimbursing a homeowner who has been approved | 
| 133 | approving an applicationfor a grantif the department  | 
| 134 | determines that improvements to less than all openings would not  | 
| 135 | substantially improve the structure's ability to withstand  | 
| 136 | hurricane damage. | 
| 137 | (j)  The department shall transfer the amount of $40  | 
| 138 | million from funds appropriated to the program, including up to  | 
| 139 | 5 percent for administrative costs, to Volunteer Florida  | 
| 140 | Foundation, Inc., for provision of inspections and grants to  | 
| 141 | low-income homeowners, as defined in s. 420.0004(10), consistent  | 
| 142 | with this section. Volunteer Florida Foundation, Inc., shall be  | 
| 143 | responsible for inspections and grants management for low-income  | 
| 144 | homeowners and shall report its activities and account for state  | 
| 145 | funds on a quarterly and annual basis to the Chief Financial  | 
| 146 | Officer, the President of the Senate, and the Speaker of the  | 
| 147 | House of Representatives. | 
| 148 | (8)  NO-INTEREST LOANS.--The department shall maydevelop a | 
| 149 | no-interest loan program by August 31, 2008 December 31, 2007, | 
| 150 | to encourage the private sector to provide loans to owners of | 
| 151 | site-built, single-family, residential property to pay for | 
| 152 | mitigation measures listed in subsection (2). A loan eligible | 
| 153 | for interest payments pursuant to this subsection may be for a | 
| 154 | term of up to 3 years and cover up to $5,000 in mitigation | 
| 155 | measures. The department shall pay the creditor the market rate | 
| 156 | of interest using funds appropriated for the My Safe Florida | 
| 157 | Home Program. In no case shall the department pay more than the | 
| 158 | interest rate set by s. 687.03. To be eligible for a loan, a | 
| 159 | loan applicant must first obtain a home inspection and report | 
| 160 | that specifies what improvements are needed to reduce the | 
| 161 | property's vulnerability to windstorm damage pursuant to this | 
| 162 | section and meet loan underwriting requirements set by the | 
| 163 | lender. The department may set aside up to $10 million from | 
| 164 | funds appropriated for the My Safe Florida Home Program to | 
| 165 | implement this subsection. The department shall adopt rules | 
| 166 | pursuant to ss. 120.536(1) and 120.54 to implement this | 
| 167 | subsection which may include eligibility criteria. | 
| 168 | (10)  CONTRACT MANAGEMENT.--The department may contract | 
| 169 | with third parties for grants management, inspection services, | 
| 170 | contractor services for low-income homeowners, information | 
| 171 | technology, educational outreach, and auditing services. Such | 
| 172 | contracts shall be considered direct costs of the program and | 
| 173 | shall not be subject to administrative cost limits, but | 
| 174 | contracts valued at $500,000 or more shall be subject to review | 
| 175 | and approval by the Legislative Budget Commission. The | 
| 176 | department shall contract with providers that have a | 
| 177 | demonstrated record of successful business operations in areas | 
| 178 | directly related to the services to be provided and shall ensure | 
| 179 | the highest accountability for use of state funds, consistent | 
| 180 | with this section. | 
| 181 | Section 2.  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 county ordinances and | 
| 187 | local amendments to the Florida Building Code that effectuate | 
| 188 | the reduction or elimination of geologic hazards and ordinances | 
| 189 | geared toward reducing insurer risk from geologic hazards. | 
| 190 | 
 | 
| 191 | The provisions of this subsection shall not apply to workers' | 
| 192 | compensation and employer's liability insurance and to motor | 
| 193 | vehicle insurance. | 
| 194 | Section 3.  Subsection (2) of section 627.711, Florida | 
| 195 | Statutes, is amended to read: | 
| 196 | 627.711  Notice of premium discounts for hurricane loss | 
| 197 | mitigation; uniform mitigation verification inspection form.-- | 
| 198 | (2)  By July 1, 2007, the Financial Services Commission | 
| 199 | shall develop by rule a uniform mitigation verification | 
| 200 | inspection form that shall be used by all insurers when | 
| 201 | factoring discounts for wind insurance. In developing the form, | 
| 202 | the commission shall seek input from insurance, construction, | 
| 203 | and building code representatives. Further, the commission shall | 
| 204 | provide guidance as to the length of time the inspection results | 
| 205 | are valid. An insurer shall accept as valid a uniform mitigation | 
| 206 | verification form certified by the Department of Financial | 
| 207 | Services or signed by: | 
| 208 | (a)  An approved My Safe Florida Home wind inspector; | 
| 209 | (b)  A building code inspector certified under s. 468.607; | 
| 210 | (c)  A general or residential contractor licensed under s. | 
| 211 | 489.111; | 
| 212 | (d)  A professional engineer licensed under s. 471.015 who | 
| 213 | has passed the appropriate equivalency test of the Building Code | 
| 214 | training program as required by s. 553.841; or | 
| 215 | (e)  A professional architect licensed under s. 481.213. | 
| 216 | Section 4.  This act shall take effect July 1, 2008. |