Florida Senate - 2025                              CS for SB 592
       
       
        
       By the Committee on Banking and Insurance; and Senator Leek
       
       
       
       
       
       597-02094-25                                           2025592c1
    1                        A bill to be entitled                      
    2         An act relating to the My Safe Florida Condominium
    3         Pilot Program; amending s. 215.55871, F.S.; revising
    4         the definition of the term “condominium”; limiting
    5         participation in the My Safe Florida Condominium Pilot
    6         Program to certain condominiums; revising the approval
    7         requirements to receive a mitigation grant; deleting
    8         the amount of grant funding designated for certain
    9         projects; revising the improvements for which a grant
   10         may be used; requiring that improvements be verified
   11         during the final hurricane mitigation inspection to
   12         qualify for grant funds; specifying that mitigation
   13         grants may be awarded only for mitigation improvements
   14         that will result in a mitigation credit, discount, or
   15         other rate differential; requiring the Department of
   16         Financial Services to require that certain
   17         improvements be made under certain circumstances;
   18         providing an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Present paragraphs (a) through (d) of subsection
   23  (2) of section 215.55871, Florida Statutes, are redesignated as
   24  paragraphs (b) through (e), respectively, a new paragraph (a) is
   25  added to that subsection, and paragraph (d) of subsection (1),
   26  present paragraph (b) of subsection (2), and subsection (5) of
   27  that section are amended, to read:
   28         215.55871 My Safe Florida Condominium Pilot Program.—There
   29  is established within the Department of Financial Services the
   30  My Safe Florida Condominium Pilot Program to be implemented
   31  pursuant to appropriations. The department shall provide fiscal
   32  accountability, contract management, and strategic leadership
   33  for the pilot program, consistent with this section. This
   34  section does not create an entitlement for associations or unit
   35  owners or obligate the state in any way to fund the inspection
   36  or retrofitting of condominiums in the state. Implementation of
   37  this pilot program is subject to annual legislative
   38  appropriations. It is the intent of the Legislature that the My
   39  Safe Florida Condominium Pilot Program provide licensed
   40  inspectors to perform inspections for and grants to eligible
   41  associations as funding allows.
   42         (1) DEFINITIONS.—As used in this section, the term:
   43         (d) “Condominium” has the same meaning as in s. 718.103.
   44  For purposes of this section, the term does not include detached
   45  units on individual parcels of land.
   46         (2) PARTICIPATION.—
   47         (a) Participation in the pilot program is limited to
   48  condominiums that are three stories or more in height, and the
   49  structure or building that is the subject of the mitigation
   50  grant must include at least one residential unit within such
   51  structure or building.
   52         (c)(b) In order to apply for a grant under subsection (5)
   53  which improves one or more units within a condominium, an
   54  association must receive both of the following:
   55         1. Approval by a majority vote of the board of
   56  administration or a majority vote of the total voting interests
   57  of the association to participate in a mitigation inspection.
   58         2. Approval by at least 75 percent A unanimous vote of all
   59  unit owners who reside within the structure or building that is
   60  the subject of the mitigation grant.
   61         (5) MITIGATION GRANTS.—Financial grants may be used by
   62  associations to make improvements recommended in a hurricane
   63  mitigation inspection report which increase the condominium’s
   64  resistance to hurricane damage.
   65         (a) An application for a mitigation grant must:
   66         1. Contain a signed or electronically verified statement
   67  made under penalty of perjury by the president of the board of
   68  administration that the association has submitted only a single
   69  application for each property that the association operates or
   70  maintains.
   71         2. Include a notarized statement from the president of the
   72  board of administration containing the name and license number
   73  of each contractor the association intends to use for the
   74  mitigation project.
   75         3. Include a notarized statement from the president of the
   76  board of administration which commits to the department that the
   77  association will complete the mitigation improvements. If the
   78  grant will be used to improve units, the application must also
   79  include an acknowledged statement from each unit owner who is
   80  required to provide approval for a grant under paragraph (2)(c)
   81  (2)(b).
   82         (b) An association may select its own contractors for the
   83  mitigation project as long as each contractor meets all
   84  qualification, certification, or licensing requirements in
   85  general law. A mitigation project must be performed by a
   86  properly licensed contractor who has secured all required local
   87  permits necessary for the project. The department must
   88  electronically verify that the contractor’s state license number
   89  is accurate and up to date before approving a grant application.
   90         (c) An association awarded a grant must complete the entire
   91  mitigation project in order to receive the final grant award and
   92  must agree to make the property available for a final inspection
   93  once the mitigation project is finished to ensure the mitigation
   94  improvements are completed in a manner consistent with the
   95  intent of the pilot program and meet or exceed the applicable
   96  Florida Building Code requirements. Construction must be
   97  completed and the association must submit a request to the
   98  department for a final inspection, or request an extension of
   99  time, within 1 year after receiving grant approval. If the
  100  association fails to comply with this paragraph, the application
  101  is deemed abandoned and the grant money reverts back to the
  102  department.
  103         (d) Grant projects shall be funded as follows:
  104         1. All grants must be matched on the basis of $1 provided
  105  by the association for $2 provided by the state toward the
  106  actual cost of the project.
  107         2. For roof-related projects, the grant contribution is $11
  108  per square foot multiplied by the square footage of the
  109  replacement roof, not to exceed $1,000 per unit, with a maximum
  110  grant award of 50 percent of the cost of the project.
  111         3. For opening protection-related projects, the grant
  112  contribution is a maximum of $750 per replacement window or
  113  door, not to exceed $1,500 per unit, with a maximum grant award
  114  of 50 percent of the cost of the project.
  115         2.4. An association may receive grant funds for both roof
  116  related and opening protection-related projects, but the maximum
  117  total grant award may not exceed $175,000 per association.
  118         3.5. The department may not accept grant applications or
  119  maintain a waiting list for grants after the cumulative value of
  120  the grants awarded have fully obligated the appropriation,
  121  unless otherwise expressly authorized by the Legislature.
  122         (e) When recommended by a hurricane mitigation inspection
  123  report, grants for eligible associations may be used for the
  124  following improvements:
  125         1. Opening protection improvements, including all of the
  126  following:
  127         a. Exterior doors.,
  128         b. Garage doors.,
  129         c. Windows., and
  130         d. Skylights.
  131         2. Roof-related improvements, including all of the
  132  following:
  133         a.2. Reinforcing roof-to-wall connections.
  134         b.3. Improving the strength of roof-deck attachments.
  135         c.4.Installing secondary water resistance for roof.
  136         d. Replacing the roof covering.
  137         (f) Improvements must be verified during the final
  138  hurricane mitigation inspection to qualify for grant funds
  139  Grants may be used for a previously inspected existing structure
  140  on the property.
  141         (g)1. If improvements to protect the property which
  142  complied with the current applicable building code at the time
  143  have been previously installed, the association must use a
  144  mitigation grant to install improvements that do both of the
  145  following:
  146         1.a. Comply with or exceed the applicable building code in
  147  effect at the time the association applied for the grant.
  148         2.b. Provide more hurricane protection than the
  149  improvements that the association previously installed.
  150         (h)2. The association may not use a mitigation grant to:
  151         1.a. Install the same type of improvements that were
  152  previously installed; or
  153         2.b. Pay a deductible for a pending insurance claim for
  154  damage that is part of the property for which grant funds are
  155  being received.
  156         (i)(h) The department shall develop a process that ensures
  157  the most efficient means to collect and verify inspection and
  158  grant applications to determine eligibility. The department may
  159  direct hurricane mitigation inspectors to collect and verify
  160  inspection and grant application information or use the Internet
  161  or other electronic means to collect information and determine
  162  eligibility.
  163         (j) Grant funds may be awarded only for each mitigation
  164  improvement that, when applied to the structure or building,
  165  will result in a mitigation credit, discount, or other rate
  166  differential. If necessary for the building or structure to
  167  qualify for a mitigation credit, discount, or other rate
  168  differential, the department must require that improvements be
  169  made to all openings, including exterior doors, garage doors,
  170  windows, and skylights, as a condition of reimbursing a
  171  condominium association approved for a grant.
  172         Section 2. This act shall take effect July 1, 2025.