Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. CS for SB 1366 Ì126388PÎ126388 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/22/2024 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (DiCeglie) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 67 - 295 4 and insert: 5 (b) “Board of administration” has the same meaning as in s. 6 718.103. 7 (c) “Condominium” has the same meaning as in s. 718.103. 8 (d) “Condominium parcel” has the same meaning as s. 9 718.103. 10 (e) “Department” means the Department of Financial 11 Services. 12 (f) “Property” means the parcel or parcels whose owners 13 have applied to participate in the program. 14 (g) “Service area” means the area of this state within 15 15 miles inward of a coastline as defined in s. 376.031. 16 (h) “Unit” has the same meaning as in s. 718.103. 17 (i) “Unit owner” has the same meaning as in s. 718.103. 18 (j) “Voting interests” has the same meaning as s. 718.103. 19 (2) PARTICIPATION.—Only the owners of condominium parcels 20 within the service area and that are 3 stories or less are 21 eligible to participate in the pilot program. 22 (a) In order to apply for an inspection of condominium 23 parcels under subsection (4), an association must receive 24 approval by a majority vote of the board of administration or a 25 majority vote of the total voting interests of the association 26 to participate in the pilot program. The president of the 27 association may submit an inspection application for the 28 condominium parcels participating in the pilot program. 29 (b) In order to apply for a grant under subsection (5) 30 which improves one or more units within a condominium parcel, an 31 association must receive both of the following: 32 1. Approval by a majority vote of the board of 33 administration or a majority vote of the total voting interests 34 of the association to participate in a mitigation grant. 35 2. A unanimous vote of all unit owners within the structure 36 or building that is the subject of the mitigation grant. 37 (c) The president of the association shall submit a grant 38 application for the condominium parcels participating in the 39 pilot program. A unit owner may participate in the pilot program 40 through a mitigation grant awarded to the association but may 41 not participate individually in the pilot program. 42 (d) The votes required under this subsection may take place 43 at the annual budget meeting of the association or at a unit 44 owner meeting called for the purpose of taking such vote. Before 45 a vote of the unit owners may be taken, the association must 46 provide to the unit owners a clear disclosure of the pilot 47 program on a form created by the department. The president and 48 the treasurer of the board of administration must sign the 49 disclosure form indicating that a copy of the form was provided 50 to each unit owner of the association. The signed disclosure 51 form and the minutes from the meeting at which the unit owners 52 voted to participate in the pilot program must be maintained as 53 part of the official records of the association. Within 14 days 54 after an affirmative vote to participate in the pilot program, 55 the association must provide written notice in the same manner 56 as required under s. 718.112(2)(d) to all unit owners of the 57 decision to participate in the pilot program. 58 (3) HURRICANE MITIGATION INSPECTORS.— 59 (a) Licensed inspectors must be used to provide inspections 60 of the property to determine the mitigation measures that are 61 needed, the insurance premium discounts that may be available to 62 the association, and the improvements to existing properties of 63 the association that are needed to reduce a property’s 64 vulnerability to hurricane damage. 65 (b) The department shall contract with wind certification 66 entities to provide hurricane mitigation inspections. To qualify 67 for selection by the department as a wind certification entity 68 to provide hurricane mitigation inspections, the entity must, at 69 a minimum, meet all of the following requirements: 70 1. Use hurricane mitigation inspectors who are licensed or 71 certified as: 72 a. A building inspector under s. 468.607; 73 b. A general, building, or residential contractor under s. 74 489.111; 75 c. A professional engineer under s. 471.015; 76 d. A professional architect under s. 481.213; or 77 e. A home inspector under s. 468.8314 who has completed at 78 least 3 hours of hurricane mitigation training approved by the 79 Construction Industry Licensing Board, which must include 80 hurricane mitigation techniques, compliance with the uniform 81 mitigation verification form, and completion of a proficiency 82 exam. 83 2. Use hurricane mitigation inspectors who have undergone 84 drug testing and a background screening. The department may 85 conduct criminal record checks of inspectors used by wind 86 certification entities. Inspectors must submit a full set of 87 fingerprints to the department or to a vendor, an entity, or an 88 agency authorized by s. 943.053(13). The department, vendor, 89 entity, or agency shall forward the fingerprints to the 90 Department of Law Enforcement for state processing, and the 91 Department of Law Enforcement shall forward the fingerprints to 92 the Federal Bureau of Investigation for national processing. 93 Fees for state and federal fingerprint processing shall be paid 94 by the applicant. The state cost for fingerprint processing 95 shall be as provided in s. 943.053(3)(e). The results must be 96 returned to the department for screening. The fingerprints must 97 be taken by a law enforcement agency, designated examination 98 center, or other department-approved entity. 99 3. Provide a quality assurance program, including a 100 reinspection component. 101 (4) HURRICANE MITIGATION INSPECTIONS.— 102 (a) The inspections provided to an association under this 103 section must, at a minimum, include all of the following: 104 1. An inspection of the property, and a report that 105 summarizes the results and identifies recommended improvements 106 the association may take to mitigate hurricane damage. 107 2. A range of cost estimates regarding the recommended 108 mitigation improvements. 109 3. Information regarding estimated insurance premium 110 discounts, correlated to the current mitigation features and the 111 recommended mitigation improvements identified by the 112 inspection. 113 (b) An application for an inspection must contain a signed 114 or electronically verified statement made under penalty of 115 perjury by the president of the board of administration that the 116 association has submitted only a single application for each 117 property that the association operates or maintains. 118 (c) An association may apply for and receive an inspection 119 without also applying for a grant under subsection (5). 120 (5) MITIGATION GRANTS.—Grants must be used by associations 121 to make improvements recommended by an inspection which increase 122 the condominium parcel’s resistance to hurricane damage. 123 (a) An application for a mitigation grant must: 124 1. Contain a signed or electronically verified statement 125 made under penalty of perjury by the president of the board of 126 administration that the association has submitted only a single 127 application for each condominium parcel that the association 128 operates or maintains. 129 2. Include a notarized statement from the president of the 130 board of administration containing the name and license number 131 of each contractor the association intends to use for the 132 mitigation project. 133 3. Include a notarized statement from the president of the 134 board of administration which commits to the department that the 135 association will complete the mitigation improvements. If the 136 grant will be used to improve units, the application must also 137 include an acknowledged statement from each unit owner who is 138 required to provide approval for a grant under paragraph (2)(b). 139 (b) An association may select its own contractors for the 140 mitigation project as long as each contractor meets all 141 qualification, certification, or licensing requirements in 142 general law. A mitigation project must be performed by a 143 properly licensed contractor who has secured all required local 144 permits necessary for the project. The department must 145 electronically verify that the contractor’s state license number 146 is accurate and up to date before approving a grant application. 147 (c) An association awarded a grant must complete the entire 148 mitigation project in order to receive the final grant award and 149 must agree to make the property available for a final inspection 150 once the mitigation project is finished to ensure the mitigation 151 improvements are completed in a matter consistent with the 152 intent of the pilot program and meet or exceed the applicable 153 Florida Building Code requirements. Construction must be 154 completed and the association must submit a request to the 155 department for a final inspection, or request an extension of 156 time, within 1 year after receiving grant approval. If the 157 association fails to comply with this paragraph, the application 158 is deemed abandoned and the grant money reverts back to the 159 department. 160 (d) All grants must be matched on the basis of $1 provided 161 by the association for $2 provided by the state up to a maximum 162 contribution as provided in the General Appropriations Act. 163 (e) When recommended by a hurricane mitigation inspection 164 report, grants for eligible associations may be used for the 165 following improvements: 166 1. Opening protection, including exterior doors, garage 167 doors, windows, and skylights. 168 2. Reinforcing roof-to-wall connections. 169 3. Improving the strength of roof-deck attachments. 170 4. Secondary water barrier for roofs. 171 (f)1. If improvements to protect the property which 172 complied with the current applicable building code at the time 173 have been previously installed, the association must use a 174 mitigation grant to install improvements that do both of the 175 following: 176 a. Comply with or exceed the applicable building code in 177 effect at the time the association applied for the grant. 178 b. Provide more hurricane protection than the improvements 179 that the association previously installed. 180 2. The association may not use a mitigation grant to: 181 a. Install the same type of improvements that were 182 previously installed; or 183 b. Pay a deductible for a pending insurance claim for 184 damage that is part of the property for which grant funds are 185 being received. 186 (g) The department shall develop a process that ensures the 187 most efficient means to collect and verify inspection and grant 188 applications to determine eligibility. The department may direct 189 hurricane mitigation inspectors to collect and verify inspection 190 and grant application information or use the Internet or other 191 electronic means to collect information and determine 192 eligibility. 193 (6) CONTRACT MANAGEMENT.— 194 (a) The department may contract with third parties for 195 grant management, inspection services, contractor services, 196 information technology, educational outreach, and auditing 197 services. Such contracts are considered direct costs of the 198 pilot program and are not subject to administrative cost limits. 199 The department shall contract with providers that have a 200 demonstrated record of successful business operations in areas 201 directly related to the services to be provided and shall ensure 202 the highest accountability for use of state funds, consistent 203 with this section. 204 (b) The department shall implement a quality assurance and 205 reinspection program that determines whether initial inspections 206 and mitigation improvements are completed in a manner consistent 207 with the intent of the pilot program. The department may use a 208 valid random sampling in order to perform the quality assurance 209 portion of the pilot program. 210 (7) REPORTS.—By February 1 of each year, the department 211 shall submit a report to the President of the Senate and the 212 Speaker of the House of Representatives on the activities of the 213 pilot program and the use of state funds. The report must 214 include all of the following information: 215 (a) The number of inspections requested. 216 (b) The number of inspections performed. 217 (c) The number of grant applications received. 218 (d) The number of grants approved and the monetary value of 219 each grant. 220 (e) The estimated average annual amount of insurance 221 premium discounts each association received and the total 222 estimated annual amount of insurance premium discounts received 223 by all associations participating in the pilot program. 224 (f) The estimated average annual amount of insurance 225 premium discounts each unit owner received as a result of the 226 improvements to the building or structure. 227 (8) REQUESTS FOR INFORMATION.—The department may request 228 that an applicant provide additional information. An application 229 is deemed withdrawn by the applicant if the department does not 230 receive a response to its request for additional information 231 within 60 days after the applicant is notified of any apparent 232 error or omission. 233 (9) RULES.—The department shall adopt rules pursuant to ss. 234 120.536(1) and 120.54 to govern the program, implement this 235 section, and carry out the duties of the department under this 236 section. 237 238 ================= T I T L E A M E N D M E N T ================ 239 And the title is amended as follows: 240 Delete lines 7 - 45 241 and insert: 242 providing that the unit owners of certain condominium 243 parcels are eligible to participate in the pilot 244 program; providing requirements for associations to 245 apply for a certain inspection; authorizing the 246 president of the association to submit an inspection 247 application; providing requirements for associations 248 to apply for a certain grant; requiring the president 249 of the association to submit a grant application; 250 authorizing a unit owner to participate in the pilot 251 program under certain circumstances; providing voting 252 requirements; requiring that licensed inspectors be 253 used for a specified purpose; requiring the department 254 to contract with specified entities for certain 255 inspections; providing requirements for such entities; 256 authorizing the department to conduct criminal record 257 checks of certain inspectors; requiring inspectors to 258 submit fingerprints and processing fees to the 259 department; providing requirements for hurricane 260 mitigation inspectors and inspections; requiring that 261 applications for inspections and grants include 262 specified statements; authorizing an association to 263 receive an inspection without applying for a 264 mitigation grant; providing mitigation grants for a 265 specified purpose; providing requirements for an 266 association receiving a mitigation grant; authorizing 267 an association to select its own contractors if each 268 contractor meets certain requirements; requiring the 269 department to electronically verify a contractor’s 270 state license; requiring the association to complete 271 construction to receive the final grant award; 272 requiring the association to make the property 273 available for final inspection once the project is 274 completed; requiring that such construction be 275 completed and that the association submit a request 276 for a final inspection within a specified timeframe; 277 requiring that mitigation grants be matched by the 278 association; providing a maximum state contribution 279 based on the General Appropriations Act; providing 280 requirements for mitigation projects; providing the 281 manner in which mitigation grants may be used; 282 requiring the department to develop a specified 283 process that ensures the most efficient means to 284 collect and verify inspection and grant applications; 285 authorizing the department to direct hurricane 286 mitigation inspectors to collect and verify certain 287 information; authorizing the department to contract 288 for certain services; providing requirements for such 289 contracts; requiring the department to implement a 290 quality assurance and reinspection program; requiring 291 the department to submit to the Legislature an annual 292 report containing specified information; authorizing 293 the department to request additional information from 294 an applicant; providing that an application is deemed 295 withdrawn under certain circumstances; requiring the 296 department to adopt rules; providing an effective 297 date.