Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 7028
       
       
       
       
       
       
                                Ì332382$Î332382                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/31/2024           .                                
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       The Committee on Fiscal Policy (Boyd) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 70 - 309
    4  and insert:
    5         (a) To be eligible for a hurricane mitigation inspection
    6  under the program:
    7         1.A home must be a single-family, detached residential
    8  property or a townhouse as defined in s. 481.203;
    9         2.A home must be site-built and owner-occupied; and
   10         3.The homeowner must have been granted a homestead
   11  exemption on the home under chapter 196.
   12         (b)1.An application for a hurricane mitigation inspection
   13  must contain a signed or electronically verified statement made
   14  under penalty of perjury that the applicant has submitted only
   15  one inspection application on the home or that the application
   16  is allowed under subparagraph 2., and the application must have
   17  documents attached which demonstrate that the applicant meets
   18  the requirements of paragraph (a).
   19         2.An applicant may submit a subsequent hurricane
   20  mitigation inspection application for the same home only if:
   21         a.The original hurricane mitigation inspection application
   22  has been denied or withdrawn because of errors or omissions in
   23  the application;
   24         b.The original hurricane mitigation inspection application
   25  was denied or withdrawn because the home did not meet the
   26  eligibility criteria for an inspection at the time of the
   27  previous application, and the homeowner reasonably believes the
   28  home now is eligible for an inspection; or
   29         c.The program’s eligibility requirements for an inspection
   30  have changed since the original application date, and the
   31  applicant reasonably believes the home is eligible under the new
   32  requirements.
   33         (c)An applicant meeting the requirements of paragraph (a)
   34  may receive an inspection of a home under the program without
   35  being eligible for a grant under subsection (2) or applying for
   36  such grant.
   37         (d) Licensed inspectors are to provide home inspections of
   38  eligible homes site-built, single-family, residential properties
   39  for which a homestead exemption has been granted, to determine
   40  what mitigation measures are needed, what insurance premium
   41  discounts may be available, and what improvements to existing
   42  residential properties are needed to reduce the property’s
   43  vulnerability to hurricane damage. An inspector may inspect a
   44  townhouse as defined in s. 481.203 to determine if opening
   45  protection mitigation as listed in subparagraph (2)(e)1.
   46  paragraph (2)(e) would provide improvements to mitigate
   47  hurricane damage.
   48         (e)(b) The department of Financial Services shall contract
   49  with wind certification entities to provide hurricane mitigation
   50  inspections. The inspections provided to homeowners, at a
   51  minimum, must include:
   52         1. A home inspection and report that summarizes the results
   53  and identifies recommended improvements a homeowner may take to
   54  mitigate hurricane damage.
   55         2. A range of cost estimates regarding the recommended
   56  mitigation improvements.
   57         3. Information regarding estimated premium discounts,
   58  correlated to the current mitigation features and the
   59  recommended mitigation improvements identified by the
   60  inspection.
   61         (f)(c) To qualify for selection by the department as a wind
   62  certification entity to provide hurricane mitigation
   63  inspections, the entity must, at a minimum, meet the following
   64  requirements:
   65         1. Use hurricane mitigation inspectors who are licensed or
   66  certified as:
   67         a. A building inspector under s. 468.607;
   68         b. A general, building, or residential contractor under s.
   69  489.111;
   70         c. A professional engineer under s. 471.015;
   71         d. A professional architect under s. 481.213; or
   72         e. A home inspector under s. 468.8314 and who have
   73  completed at least 3 hours of hurricane mitigation training
   74  approved by the Construction Industry Licensing Board, which
   75  training must include hurricane mitigation techniques,
   76  compliance with the uniform mitigation verification form, and
   77  completion of a proficiency exam.
   78         2. Use hurricane mitigation inspectors who also have
   79  undergone drug testing and a background screening. The
   80  department may conduct criminal record checks of inspectors used
   81  by wind certification entities. Inspectors must submit a set of
   82  fingerprints to the department for state and national criminal
   83  history checks and must pay the fingerprint processing fee set
   84  forth in s. 624.501. The fingerprints must be sent by the
   85  department to the Department of Law Enforcement and forwarded to
   86  the Federal Bureau of Investigation for processing. The results
   87  must be returned to the department for screening. The
   88  fingerprints must be taken by a law enforcement agency,
   89  designated examination center, or other department-approved
   90  entity.
   91         3. Provide a quality assurance program including a
   92  reinspection component.
   93         (d) An application for an inspection must contain a signed
   94  or electronically verified statement made under penalty of
   95  perjury that the applicant has submitted only a single
   96  application for that home.
   97         (e) The owner of a site-built, single-family, residential
   98  property or townhouse as defined in s. 481.203, for which a
   99  homestead exemption has been granted, may apply for and receive
  100  an inspection without also applying for a grant pursuant to
  101  subsection (2) and without meeting the requirements of paragraph
  102  (2)(a).
  103         (2) HURRICANE MITIGATION GRANTS.—Financial grants shall be
  104  used by homeowners to encourage single-family, site-built,
  105  owner-occupied, residential property owners to make improvements
  106  recommended by an inspection which increase resistance retrofit
  107  their properties to make them less vulnerable to hurricane
  108  damage.
  109         (a) For A homeowner is to be eligible for a hurricane
  110  mitigation grant if all of, the following criteria are must be
  111  met:
  112         1. The home must be eligible for an inspection under
  113  subsection (1) The homeowner must have been granted a homestead
  114  exemption on the home under chapter 196.
  115         2. The home must be a dwelling with an insured value of
  116  $700,000 or less. Homeowners who are low-income persons, as
  117  defined in s. 420.0004(11), are exempt from this requirement.
  118         3. The home must undergo an acceptable hurricane mitigation
  119  inspection as provided in subsection (1).
  120         4. The building permit application for initial construction
  121  of the home must have been made before January 1, 2008.
  122         5. The homeowner must agree to make his or her home
  123  available for inspection once a mitigation project is completed.
  124         6.The homeowner must agree to provide to the department
  125  information received from the homeowner’s insurer identifying
  126  the discounts realized by the homeowner because of the
  127  mitigation improvements funded through the program.
  128         (b)1. An application for a grant must contain a signed or
  129  electronically verified statement made under penalty of perjury
  130  that the applicant has submitted only one grant a single
  131  application or that the application is allowed under
  132  subparagraph 2., and the application must have attached
  133  documents attached demonstrating that the applicant meets the
  134  requirements of this paragraph (a).
  135         2.An applicant may submit a subsequent grant application
  136  if:
  137         a.The original grant application was denied or withdrawn
  138  because the application contained errors or omissions;
  139         b.The original grant application was denied or withdrawn
  140  because the home did not meet the eligibility criteria for a
  141  grant at the time of the previous application, and the homeowner
  142  reasonably believes that the home now is eligible for a grant;
  143  or
  144         c.The program’s eligibility requirements for a grant have
  145  changed since the original application date, and the applicant
  146  reasonably believes that he or she is an eligible homeowner
  147  under the new requirements.
  148         3.A grant application must include a statement from the
  149  homeowner which contains the name and state license number of
  150  the contractor that the homeowner acknowledges as the intended
  151  contractor for the mitigation work. The program must
  152  electronically verify that the contractor’s state license number
  153  is accurate and up to date before grant approval.
  154         (c)(b) All grants must be matched on the basis of $1
  155  provided by the applicant for $2 provided by the state up to a
  156  maximum state contribution of $10,000 toward the actual cost of
  157  the mitigation project, except as provided in paragraph (h).
  158         (d)(c)The program shall create a process in which
  159  contractors agree to participate and homeowners select from a
  160  list of participating contractors. All hurricane mitigation
  161  performed under the program must be based upon the securing of
  162  all required local permits and inspections and must be performed
  163  by properly licensed contractors. Hurricane mitigation
  164  inspectors qualifying for the program may also participate as
  165  mitigation contractors as long as the inspectors meet the
  166  department’s qualifications and certification requirements for
  167  mitigation contractors.
  168         (d) Matching fund grants shall also be made available to
  169  local governments and nonprofit entities for projects that will
  170  reduce hurricane damage to single-family, site-built, owner
  171  occupied, residential property. The department shall liberally
  172  construe those requirements in favor of availing the state of
  173  the opportunity to leverage funding for the My Safe Florida Home
  174  Program with other sources of funding.
  175         (e) When recommended by a hurricane mitigation inspection,
  176  grants for eligible homes may be used for the following
  177  improvements:
  178         1. Opening protection, including exterior doors, garage
  179  doors, windows, and skylights.
  180         2. Exterior doors, including garage doors.
  181         3. Reinforcing roof-to-wall connections.
  182         3.4. Improving the strength of roof-deck attachments.
  183         4.5. Secondary water resistance barrier for roof.
  184         (f) When recommended by a hurricane mitigation inspection,
  185  grants for townhouses, as defined in s. 481.203, may only be
  186  used for opening protection.
  187         (g) The department may require that improvements be made to
  188  all openings, including exterior doors, and garage doors,
  189  windows, and skylights, as a condition of reimbursing a
  190  homeowner approved for a grant. The department may adopt, by
  191  rule, the maximum grant allowances for any improvement allowable
  192  under paragraph (e) or paragraph (f) (e) or this paragraph.
  193         (g) Grants may be used on a previously inspected existing
  194  structure or on a rebuild. A rebuild is defined as a site-built,
  195  single-family dwelling under construction to replace a home that
  196  was destroyed or significantly damaged by a hurricane and deemed
  197  unlivable by a regulatory authority. The homeowner must be a
  198  low-income homeowner as defined in paragraph (h), must have had
  199  a homestead exemption for that home before the hurricane, and
  200  must be intending to rebuild the home as that homeowner’s
  201  homestead.
  202         (h) Low-income homeowners, as defined in s. 420.0004(11),
  203  who otherwise meet the applicable requirements of this
  204  subsection paragraphs (a), (c), (e), and (g) are eligible for a
  205  grant of up to $10,000 and are not required to provide a
  206  matching amount to receive the grant. The program may accept a
  207  certification directly from a low-income homeowner that the
  208  homeowner meets the requirements of s. 420.0004(11) if the
  209  homeowner provides such certification in a signed or
  210  electronically verified statement made under penalty of perjury.
  211         (i)1. The department shall develop a process that ensures
  212  the most efficient means to collect and verify inspection
  213  applications and grant applications to determine eligibility.
  214  The department and may direct hurricane mitigation inspectors to
  215  collect and verify grant application information or use the
  216  Internet or other electronic means to collect information and
  217  determine eligibility.
  218         2.The department shall prioritize the review and approval
  219  of such inspection applications and grant applications in the
  220  following order:
  221         a.First, applications from low-income persons, as defined
  222  in s. 420.0004, who are at least 60 years old;
  223         b.Second, applications from all other low-income persons,
  224  as defined in s. 420.0004;
  225         c.Third, applications from moderate-income persons, as
  226  defined in s. 420.0004, who are at least 60 years old;
  227         d.Fourth, applications from all other moderate-income
  228  persons, as defined in s. 420.0004; and
  229         e.Last, all other applications.
  230         3.The department shall start accepting inspection
  231  applications and grant applications no earlier than the
  232  effective date of a legislative appropriation funding
  233  inspections and grants, as follows:
  234         a.Initially, from applicants prioritized under sub
  235  subparagraph 2.a.;
  236         b.From applicants prioritized under sub-subparagraph 2.b.,
  237  beginning 15 days after the program initially starts accepting
  238  applications;
  239         c.From applicants prioritized under sub-subparagraph 2.c.,
  240  beginning 30 days after the program initially starts accepting
  241  applications;
  242         d.From applicants described in sub-subparagraph 2.d.,
  243  beginning 45 days after the program initially starts accepting
  244  applications; and
  245         e.From all other applicants, beginning 60 days after the
  246  program initially starts accepting applications.
  247         4.The program may accept a certification directly from a
  248  low-income homeowner or moderate-income homeowner who meets the
  249  requirements of s. 420.0004(11) or (12), respectively, if the
  250  homeowner provides such certification in a signed or
  251  electronically verified statement made under penalty of perjury.
  252         (j)A homeowner who receives a grant shall finalize
  253  construction and request a final inspection, or request an
  254  extension for an additional 6 months, within 1 year after grant
  255  approval. If a homeowner fails to comply with this paragraph,
  256  his or her application is deemed abandoned and the grant money
  257  reverts to the department.
  258         (3)REQUESTS FOR INFORMATION.—The department may request
  259  that an applicant provide additional information. An application
  260  is deemed withdrawn by the applicant if the department does not
  261  receive a response to its request for additional information
  262  within 60 days after the notification of any apparent error or
  263  omission.
  264  
  265  ================= T I T L E  A M E N D M E N T ================
  266  And the title is amended as follows:
  267         Delete lines 9 - 32
  268  and insert:
  269         application under certain conditions; authorizing
  270         applicants who meet specified requirements to receive
  271         a home inspection under the program without being
  272         eligible for, or applying for, a grant; specifying
  273         eligibility requirements for hurricane mitigation
  274         grants; revising application requirements for
  275         hurricane mitigation grants; authorizing an applicant
  276         to submit a subsequent hurricane mitigation grant
  277         application under certain conditions; requiring that a
  278         grant application include certain information;
  279         deleting and revising provisions relating to the
  280         selection of hurricane mitigation inspectors and
  281         contractors; deleting the requirement that matching
  282         fund grants be made available to certain entities;
  283         revising improvements that grants for eligible homes
  284         may be used; deleting the authorization to use grants
  285         on rebuilds; requiring the Department of Financial
  286         Services to develop a process that ensures the most
  287         efficient means to collect and verify inspection
  288         applications; requiring the department to prioritize
  289         the review and approval of inspection and grant
  290         applications in a specified order; requiring the
  291         department to start accepting inspection and grant
  292         applications as specified in the act; requiring
  293         homeowners to finalize construction and make certain
  294         requests within a specified time; providing that an
  295         application is deemed abandoned under certain
  296         circumstances; authorizing the department to request
  297         certain information; providing that an application is
  298         considered withdrawn under certain circumstances;