| 1 | A bill to be entitled | 
| 2 | An act relating to the My Safe Florida Home Program;  | 
| 3 | amending s. 215.5586, F.S.; requiring that wind  | 
| 4 | certification entities meet certain minimum criteria to  | 
| 5 | qualify for selection by the Department of Financial  | 
| 6 | Services; deleting a provision requiring hurricane  | 
| 7 | mitigation inspectors participating in the program to meet  | 
| 8 | the requirements for a criminal record check by a  | 
| 9 | specified date; authorizing the department to require that  | 
| 10 | improvements be made to all openings of a structure,  | 
| 11 | including exterior doors and garage doors, as a condition  | 
| 12 | of reimbursing a homeowner for a grant; deleting a  | 
| 13 | provision authorizing the department to transfer certain  | 
| 14 | funds to Volunteer Florida Foundation, Inc., for certain  | 
| 15 | purposes; deleting a requirement that Volunteer Florida,  | 
| 16 | Inc., undertake certain activities; requiring the  | 
| 17 | department to implement a no-interest loan program by a  | 
| 18 | certain date; providing program requirements; requiring  | 
| 19 | the department to set aside certain moneys for certain  | 
| 20 | purposes; authorizing the department to adopt rules;  | 
| 21 | authorizing the department to contract with third parties  | 
| 22 | for contractor services and technology; amending s.  | 
| 23 | 627.711, F.S.; requiring insurers to accept as valid  | 
| 24 | uniform mitigation verification forms certified by the  | 
| 25 | department or signed by certain professionals; providing  | 
| 26 | an effective date. | 
| 27 | 
  | 
| 28 | Be It Enacted by the Legislature of the State of Florida: | 
| 29 | 
  | 
| 30 |      Section 1.  Subsection (1), paragraphs (e) and (j) of  | 
| 31 | subsection (2), and subsections (8) and (10) of section  | 
| 32 | 215.5586, Florida Statutes, are amended to read: | 
| 33 |      215.5586  My Safe Florida Home Program.--There is  | 
| 34 | established within the Department of Financial Services the My  | 
| 35 | Safe Florida Home Program. The department shall provide fiscal  | 
| 36 | accountability, contract management, and strategic leadership  | 
| 37 | for the program, consistent with this section. This section does  | 
| 38 | not create an entitlement for property owners or obligate the  | 
| 39 | state in any way to fund the inspection or retrofitting of  | 
| 40 | residential property in this state. Implementation of this  | 
| 41 | program is subject to annual legislative appropriations. It is  | 
| 42 | the intent of the Legislature that the My Safe Florida Home  | 
| 43 | Program provide inspections for at least 400,000 site-built,  | 
| 44 | single-family, residential properties and provide grants to at  | 
| 45 | least 35,000 applicants before June 30, 2009. The program shall  | 
| 46 | develop and implement a comprehensive and coordinated approach  | 
| 47 | for hurricane damage mitigation that shall include the  | 
| 48 | following: | 
| 49 |      (1)  HURRICANE MITIGATION INSPECTIONS.-- | 
| 50 |      (a)  Free home-retrofit inspections of site-built, single- | 
| 51 | family, residential property shall be offered throughout the  | 
| 52 | state to determine what mitigation measures are needed, what  | 
| 53 | insurance premium discounts may be available, and what  | 
| 54 | improvements to existing residential properties are needed to  | 
| 55 | reduce the property's vulnerability to hurricane damage. The  | 
| 56 | Department of Financial Services shall contract with wind  | 
| 57 | certification entities to provide free hurricane mitigation  | 
| 58 | inspections. The inspections provided to homeowners, at a  | 
| 59 | minimum, must include: | 
| 60 |      1.  A home inspection and report that summarizes the  | 
| 61 | results and identifies recommended improvements a homeowner may  | 
| 62 | take to mitigate hurricane damage. | 
| 63 |      2.  A range of cost estimates regarding the recommended  | 
| 64 | mitigation improvements. | 
| 65 |      3.  Insurer-specific information regarding premium  | 
| 66 | discounts correlated to the current mitigation features and the  | 
| 67 | recommended mitigation improvements identified by the  | 
| 68 | inspection. | 
| 69 |      4.  A hurricane resistance rating scale specifying the  | 
| 70 | home's current as well as projected wind resistance  | 
| 71 | capabilities. As soon as practical, the rating scale must be the  | 
| 72 | uniform home grading scale adopted by the Financial Services  | 
| 73 | Commission pursuant to s. 215.55865. | 
| 74 |      (b)  To qualify for selection by the department as a wind  | 
| 75 | certification entity to provide hurricane mitigation  | 
| 76 | inspections, the entity shall, at a minimum, meet the following  | 
| 77 | requirements: | 
| 78 |      1.  Use hurricane mitigation inspectors who: | 
| 79 |      a.  Are certified as a building inspector under s. 468.607; | 
| 80 |      b.  Are licensed as a general or residential contractor  | 
| 81 | under s. 489.111; | 
| 82 |      c.  Are licensed as a professional engineer under s.  | 
| 83 | 471.015 and who have passed the appropriate equivalency test of  | 
| 84 | the Building Code Training Program as required by s. 553.841;  | 
| 85 |      d.  Are licensed as a professional architect under s.  | 
| 86 | 481.213; or | 
| 87 |      e.a.  Have at least 2 years of prior experience in  | 
| 88 | residential construction or residential building inspection and  | 
| 89 | have received specialized training in hurricane mitigation  | 
| 90 | procedures. Such training may be provided by a class offered  | 
| 91 | online or in person. | 
| 92 |      2.  Use hurricane mitigation inspectors who also: | 
| 93 |      a.b.  Have undergone drug testing and level 2 background  | 
| 94 | checks pursuant to s. 435.04. The department may is authorized  | 
| 95 | to conduct criminal record checks of inspectors used by wind  | 
| 96 | certification entities. Inspectors must submit a set of the  | 
| 97 | fingerprints to the department for state and national criminal  | 
| 98 | history checks and must pay the fingerprint processing fee set  | 
| 99 | forth in s. 624.501. The fingerprints shall be sent by the  | 
| 100 | department to the Department of Law Enforcement and forwarded to  | 
| 101 | the Federal Bureau of Investigation for processing. The results  | 
| 102 | shall be returned to the department for screening. The  | 
| 103 | fingerprints shall be taken by a law enforcement agency,  | 
| 104 | designated examination center, or other department-approved  | 
| 105 | entity; and. Hurricane mitigation inspectors participating in  | 
| 106 | the program on January 25, 2007, shall have until June 1, 2007,  | 
| 107 | to meet the requirements for a criminal record check. | 
| 108 |      b.c.  Have been certified, in a manner satisfactory to the  | 
| 109 | department, to conduct the inspections. | 
| 110 |      3.2.  Provide a quality assurance program including a  | 
| 111 | reinspection component. | 
| 112 |      (c)  The department shall implement a quality assurance  | 
| 113 | program that includes a statistically valid number of  | 
| 114 | reinspections. | 
| 115 |      (d)(c)  An application for an inspection must contain a  | 
| 116 | signed or electronically verified statement made under penalty  | 
| 117 | of perjury that the applicant has submitted only a single  | 
| 118 | application for that home. | 
| 119 |      (e)(d)  The owner of a site-built, single-family,  | 
| 120 | residential property may apply for and receive an inspection  | 
| 121 | without also applying for a grant pursuant to subsection (2) and  | 
| 122 | without meeting the requirements of paragraph (2)(a). | 
| 123 |      (2)  MITIGATION GRANTS.--Financial grants shall be used to  | 
| 124 | encourage single-family, site-built, owner-occupied, residential  | 
| 125 | property owners to retrofit their properties to make them less  | 
| 126 | vulnerable to hurricane damage. | 
| 127 |      (e)  When recommended by a hurricane mitigation inspection,  | 
| 128 | grants may be used for the following improvements only: | 
| 129 |      1.  Opening protection. | 
| 130 |      2.  Exterior doors, including garage doors. | 
| 131 |      3.  Brace gable ends. | 
| 132 | 
  | 
| 133 | The department may require that improvements be made to all  | 
| 134 | openings, including exterior doors and garage doors, as a  | 
| 135 | condition of reimbursing a homeowner approved approving an  | 
| 136 | application for a grant if the department determines that  | 
| 137 | improvements to less than all openings would not substantially  | 
| 138 | improve the structure's ability to withstand hurricane damage. | 
| 139 |      (j)  The department shall transfer the amount of $40  | 
| 140 | million from funds appropriated to the program, including up to  | 
| 141 | 5 percent for administrative costs, to Volunteer Florida  | 
| 142 | Foundation, Inc., for provision of inspections and grants to  | 
| 143 | low-income homeowners, as defined in s. 420.0004(10), consistent  | 
| 144 | with this section. Volunteer Florida Foundation, Inc., shall be  | 
| 145 | responsible for inspections and grants management for low-income  | 
| 146 | homeowners and shall report its activities and account for state  | 
| 147 | funds on a quarterly and annual basis to the Chief Financial  | 
| 148 | Officer, the President of the Senate, and the Speaker of the  | 
| 149 | House of Representatives. | 
| 150 |      (8)  NO-INTEREST LOANS.--The department shall implement may  | 
| 151 | develop a no-interest loan program by October 1, 2008,  | 
| 152 | contingent upon the selection of a qualified vendor and  | 
| 153 | execution of a contract acceptable to the department and the  | 
| 154 | vendor. The department shall enter into partnerships with  | 
| 155 | December 31, 2007, to encourage the private sector to provide  | 
| 156 | loans to owners of site-built, single-family, residential  | 
| 157 | property to pay for mitigation measures listed in subsection  | 
| 158 | (2). A loan eligible for interest payments pursuant to this  | 
| 159 | subsection may be for a term of up to 3 years and cover up to  | 
| 160 | $5,000 in mitigation measures. The department shall pay the  | 
| 161 | creditor the market rate of interest using funds appropriated  | 
| 162 | for the My Safe Florida Home Program. In no case shall the  | 
| 163 | department pay more than the interest rate set by s. 687.03. To  | 
| 164 | be eligible for a loan, a loan applicant must first obtain a  | 
| 165 | home inspection and report that specifies what improvements are  | 
| 166 | needed to reduce the property's vulnerability to windstorm  | 
| 167 | damage pursuant to this section and meet loan underwriting  | 
| 168 | requirements set by the lender. The department shall may set  | 
| 169 | aside up to $10 million from funds appropriated for the My Safe  | 
| 170 | Florida Home Program to implement this subsection. The  | 
| 171 | department may shall adopt rules pursuant to ss. 120.536(1) and  | 
| 172 | 120.54 to implement this subsection which may include  | 
| 173 | eligibility criteria. | 
| 174 |      (10)  CONTRACT MANAGEMENT.--The department may contract  | 
| 175 | with third parties for grants management, inspection services,  | 
| 176 | contractor services for low-income homeowners, information  | 
| 177 | technology, educational outreach, and auditing services. Such  | 
| 178 | contracts shall be considered direct costs of the program and  | 
| 179 | shall not be subject to administrative cost limits, but  | 
| 180 | contracts valued at $500,000 or more shall be subject to review  | 
| 181 | and approval by the Legislative Budget Commission. The  | 
| 182 | department shall contract with providers that have a  | 
| 183 | demonstrated record of successful business operations in areas  | 
| 184 | directly related to the services to be provided and shall ensure  | 
| 185 | the highest accountability for use of state funds, consistent  | 
| 186 | with this section. | 
| 187 |      Section 2.  Subsection (2) of section 627.711, Florida  | 
| 188 | Statutes, is amended to read: | 
| 189 |      627.711  Notice of premium discounts for hurricane loss  | 
| 190 | mitigation; uniform mitigation verification inspection form.-- | 
| 191 |      (2)  By July 1, 2007, the Financial Services Commission  | 
| 192 | shall develop by rule a uniform mitigation verification  | 
| 193 | inspection form that shall be used by all insurers when  | 
| 194 | submitted by policyholders for the purpose of factoring  | 
| 195 | discounts for wind insurance. In developing the form, the  | 
| 196 | commission shall seek input from insurance, construction, and  | 
| 197 | building code representatives. Further, the commission shall  | 
| 198 | provide guidance as to the length of time the inspection results  | 
| 199 | are valid. An insurer shall accept as valid a uniform mitigation  | 
| 200 | verification form certified by the Department of Financial  | 
| 201 | Services or signed by: | 
| 202 |      (a)  A hurricane mitigation inspector employed by an  | 
| 203 | approved My Safe Florida Home wind certification entity; | 
| 204 |      (b)  A building code inspector certified under s. 468.607; | 
| 205 |      (c)  A general or residential contractor licensed under s.  | 
| 206 | 489.111; | 
| 207 |      (d)  A professional engineer licensed under s. 471.015 who  | 
| 208 | has passed the appropriate equivalency test of the Building Code  | 
| 209 | training program as required by s. 553.841; or | 
| 210 |      (e)  A professional architect licensed under s. 481.213. | 
| 211 |      Section 3.  This act shall take effect July 1, 2008. |