THE BILL ITSELF
HB 1359
My Safe Florida Home Program
1
A bill to be entitled
2
An act relating to My Safe Florida Home Program;
3
amending s. 215.5586, F.S.; defining the term "class A
4
opening protection"; providing additional requirements
5
for inspections provided through the program;
6
providing additional requirements to receive a grant
7
through a specified program; revising what such grants
8
may be used for; revising requirements of a certain
9
report; requiring the Department of Financial Services
10
to maintain a website that includes certain
11
information; requiring the department to establish
12
performance standards and audit protocols for certain
13
inspectors; providing an effective date.
15
Be It Enacted by the Legislature of the State of Florida:
17
Section 1. Subsections (1) through (10) of section
18
215.5586, Florida Statutes, are renumbered as subsections (2)
19
through (11), respectively, present subsections (1), (2), and
20
(10) are amended, and a new subsection (1) is added to that
21
section, to read:
22
215.5586 My Safe Florida Home Program.—There is
23
established within the Department of Financial Services the My
24
Safe Florida Home Program. The department shall provide fiscal
25
accountability, contract management, and strategic leadership
26
for the program, consistent with this section. This section does
27
not create an entitlement for property owners or obligate the
28
state in any way to fund the inspection or retrofitting of
29
residential property in this state. Implementation of this
30
program is subject to annual legislative appropriations. It is
31
the intent of the Legislature that, subject to the availability
32
of funds, the My Safe Florida Home Program provide licensed
33
inspectors to perform hurricane mitigation inspections of
34
eligible homes and grants to fund hurricane mitigation projects
35
on those homes. The department shall implement the program in
36
such a manner that the total amount of funding requested by
37
accepted applications, whether for inspections, grants, or other
38
services or assistance, does not exceed the total amount of
39
available funds. If, after applications are processed and
40
approved, funds remain available, the department may accept
41
applications up to the available amount. The program shall
42
develop and implement a comprehensive and coordinated approach
43
for hurricane damage mitigation pursuant to the requirements
44
provided in this section.
45
(1) DEFINITION.—As used in this section, the term "class A
46
opening protection" means:
47
(a) Glazed openings that are large missile impact-rated,
48
or protected by products that qualify as such.
49
(b) All openings that are protected at the highest
50
applicable wind-borne debris region standard.
51
(c) Solid entry doors and garage doors that are verified
52
to be wind and pressure rated, unless such wind and pressure
53
ratings are unable to be identified.
54
(2)(1) HURRICANE MITIGATION INSPECTIONS.—
55
(a) To be eligible for a hurricane mitigation inspection
56
under the program:
57
1. A home must be a single-family, detached residential
58
property or a townhouse as defined in s. 481.203;
59
2. A home must be site-built and owner-occupied; and
60
3. The homeowner must have been granted a homestead
61
exemption on the home under chapter 196.
62
(b)1. An application for a hurricane mitigation inspection
63
must contain a signed or electronically verified statement made
64
under penalty of perjury that the applicant has submitted only
65
one inspection application on the home or that the application
66
is allowed under subparagraph 2., and the application must have
67
documents attached which demonstrate that the applicant meets
68
the requirements of paragraph (a).
69
2. An applicant may submit a subsequent hurricane
70
mitigation inspection application for the same home only if:
71
a. The original hurricane mitigation inspection
72
application has been denied or withdrawn because of errors or
73
omissions in the application;
74
b. The original hurricane mitigation inspection
75
application was denied or withdrawn because the home did not
76
meet the eligibility criteria for an inspection at the time of
77
the previous application, and the homeowner reasonably believes
78
the home now is eligible for an inspection; or
79
c. The program's eligibility requirements for an
80
inspection have changed since the original application date, and
81
the applicant reasonably believes the home is eligible under the
82
new requirements.
83
(c) An applicant meeting the requirements of paragraph (a)
84
may receive an inspection of a home under the program without
85
being eligible for a grant under subsection (3)(2) or applying
86
for such grant.
87
(d) Licensed inspectors are to provide home inspections of
88
eligible homes to determine what mitigation measures are needed,
89
what insurance premium discounts may be available, and what
90
improvements to existing residential properties are needed to
91
reduce the property's vulnerability to hurricane damage. An
92
inspector may inspect a townhouse as defined in s. 481.203 to
93
determine if opening protection mitigation as listed in
94
subparagraph (3)(e)1. or 3. (2)(e)1. would provide improvements
95
to mitigate hurricane damage.
96
(e) The department shall contract with wind certification
97
entities to provide hurricane mitigation inspections and verify
98
all current mitigation features. The inspections provided to
99
homeowners, at a minimum, must include:
100
1. A home inspection and report that:
101
a. Summarizes the results and identifies recommended
102
improvements a homeowner may take to mitigate hurricane damage.
103
b. Includes a completed uniform mitigation verification
104
inspection form.
105
c. Certifies, under penalty of perjury, that the
106
improvements submitted on a uniform mitigation verification
107
inspection form are present and properly installed.
108
2. A range of cost estimates regarding the recommended
109
mitigation improvements.
110
3. Information regarding estimated premium discounts,
111
correlated to the current mitigation features and the
112
recommended mitigation improvements identified by the
113
inspection.
114
(f) To qualify for selection by the department as a wind
115
certification entity to provide hurricane mitigation
116
inspections, the entity must, at a minimum, meet the following
117
requirements:
118
1. Use hurricane mitigation inspectors who are licensed or
119
certified as:
120
a. A building inspector under s. 468.607;
121
b. A general, building, or residential contractor under s.
122
489.111;
123
c. A professional engineer under s. 471.015;
124
d. A professional architect under s. 481.213; or
125
e. A home inspector under s. 468.8314 and who have
126
completed at least 3 hours of hurricane mitigation training
127
approved by the Construction Industry Licensing Board, which
128
training must include hurricane mitigation techniques,
129
compliance with the uniform mitigation verification form, and
130
completion of a proficiency exam.
131
2. Use hurricane mitigation inspectors who also have
132
undergone drug testing and a background screening. The
133
department may conduct criminal record checks of inspectors used
134
by wind certification entities. Inspectors must submit a set of
135
fingerprints to the department for state and national criminal
136
history checks and must pay the fingerprint processing fee set
137
forth in s. 624.501. The fingerprints must be sent by the
138
department to the Department of Law Enforcement and forwarded to
139
the Federal Bureau of Investigation for processing. The results
140
must be returned to the department for screening. The
141
fingerprints must be taken by a law enforcement agency,
142
designated examination center, or other department-approved
143
entity.
144
3. Provide a quality assurance program including a
145
reinspection component.
146
(3)(2) HURRICANE MITIGATION GRANTS.—Financial grants shall
147
be used by homeowners to make improvements recommended by an
148
inspection which increase resistance to hurricane damage.
149
(a) A homeowner is eligible for a hurricane mitigation
150
grant if all of the following criteria are met:
151
1. The home must be eligible for an inspection under
152
subsection (2) (1).
153
2. The home must be a dwelling with an insured value of
154
$700,000 or less. Homeowners who are low-income persons, as
155
defined in s. 420.0004(11), are exempt from this requirement.
156
3. The home must undergo an acceptable hurricane
157
mitigation inspection as provided in subsection (2) (1).
158
4. The grant will not be used to replace any currently
159
installed class A opening protections.
160
4. The building permit application for initial
161
construction of the home must have been made before January 1,
162
2008.
163
5. The homeowner must agree to make his or her home
164
available for inspection once a mitigation project is completed.
165
6. The homeowner must agree to provide to the department
166
information received from the homeowner's insurer identifying
167
the discounts realized by the homeowner because of the
168
mitigation improvements funded through the program.
169
7.a. The homeowner must be a low-income person or
170
moderate-income person as defined in s. 420.0004.
171
b. The hurricane mitigation inspection must have occurred
172
within the previous 24 months from the date of application.
173
c. Notwithstanding subparagraph 2., homeowners who are
174
low-income persons, as defined in s. 420.0004(11), are not
175
exempt from the requirement that the home must be a dwelling
176
with an insured value of $700,000 or less.
177
d. This subparagraph expires July 1, 2026.
178
8. After completion of the grant funded project, all new
179
and existing exterior openings and roof-to-wall connections must
180
meet the highest applicable wind-borne debris region standards.
181
Homes located in Monroe County, Miami-Dade County, or Broward
182
County must have impact ratings on all solid exterior doors
183
without glass.
184
(b)1. An application for a grant must contain a signed or
185
electronically verified statement made under penalty of perjury
186
that the applicant has submitted only one grant application or
187
that the application is allowed under subparagraph 2., and the
188
application must have documents attached demonstrating that the
189
applicant meets the requirements of paragraph (a).
190
2. An applicant may submit a subsequent grant application
191
if:
192
a. The original grant application was denied or withdrawn
193
because the application contained errors or omissions;
194
b. The original grant application was denied or withdrawn
195
because the home did not meet the eligibility criteria for a
196
grant at the time of the previous application, and the homeowner
197
reasonably believes that the home now is eligible for a grant;
198
or
199
c. The program's eligibility requirements for a grant have
200
changed since the original application date, and the applicant
201
reasonably believes that he or she is an eligible homeowner
202
under the new requirements.
203
3. A grant application must include a statement from the
204
homeowner which contains the name and state license number of
205
the contractor that the homeowner acknowledges as the intended
206
contractor for the mitigation work. The program must
207
electronically verify that the contractor's state license number
208
is accurate and up to date before grant approval.
209
(c) All grants must be matched on the basis of $1 provided
210
by the applicant for $2 provided by the state up to a maximum
211
state contribution of $10,000 toward the actual cost of the
212
mitigation project, except as provided in paragraph (g) (h).
213
(d) All hurricane mitigation performed under the program
214
must be based upon the securing of all required local permits
215
and inspections and must be performed by properly licensed
216
contractors.
217
(e) When recommended by a hurricane mitigation inspection,
218
grants for eligible homes may be used for the following
219
improvements:
220
1. Opening protection, including exterior doors, garage
221
doors, and impact-rated windows, and skylights.
222
2. Approved Reinforcing roof-to-wall connections.
223
3. Hurricane shutters that meet Florida Building Code
224
Standards
225
3. Improving the strength of roof-deck attachments.
226
4. Roof replacement, if the current Secondary water
227
resistance for roof does not, at minimum, meet:
228
a. The 2002 standards of the Florida Building Code for
229
homes located in a county other than Miami-Dade County; or
230
b. The 1995 standards of the Florida Building Code for
231
homes located in Miami-Dade County.
232
(f) When recommended by a hurricane mitigation inspection,
233
grants for townhouses, as defined in s. 481.203, may only be
234
used for opening protection.
235
(f)(g) The department may require that improvements be
236
made to all openings, including exterior doors, garage doors,
237
windows, and skylights, as a condition of reimbursing a
238
homeowner approved for a grant. The department may adopt, by
239
rule, the maximum grant allowances for any improvement allowable
240
under paragraph (e) or paragraph (f).
241
(g)(h) Low-income homeowners, as defined in s.
242
420.0004(11), who otherwise meet the applicable requirements of
243
this subsection are eligible for a grant of up to $10,000 and
244
are not required to provide a matching amount to receive the
245
grant.
246
(h)(i)1. The department shall develop a process that
247
ensures the most efficient means to collect and verify
248
inspection applications and grant applications to determine
249
eligibility. The department may direct hurricane mitigation
250
inspectors to collect and verify grant application information
251
or use the Internet or other electronic means to collect
252
information and determine eligibility.
253
2. The department shall prioritize the review and approval
254
of such inspection applications and grant applications in the
255
following order:
256
a. First, applications from low-income persons, as defined
257
in s. 420.0004, who are at least 60 years old;
258
b. Second, applications from all other low-income persons,
259
as defined in s. 420.0004;
260
c. Third, applications from moderate-income persons, as
261
defined in s. 420.0004, who are at least 60 years old;
262
d. Fourth, applications from all other moderate-income
263
persons, as defined in s. 420.0004; and
264
e. Last, all other applications.
265
3. The department shall start accepting inspection
266
applications and grant applications no earlier than the
267
effective date of a legislative appropriation funding
268
inspections and grants, as follows:
269
a. Initially, from applicants prioritized under sub-
270
subparagraph 2.a.;
271
b. From applicants prioritized under sub-subparagraph
272
2.b., beginning 15 days after the program initially starts
273
accepting applications;
274
c. From applicants prioritized under sub-subparagraph
275
2.c., beginning 30 days after the program initially starts
276
accepting applications;
277
d. From applicants described in sub-subparagraph 2.d.,
278
beginning 45 days after the program initially starts accepting
279
applications; and
280
e. From all other applicants, beginning 60 days after the
281
program initially starts accepting applications.
282
4. The program may accept a certification directly from a
283
low-income homeowner or moderate-income homeowner who meets the
284
requirements of s. 420.0004(11) or (12), respectively, if the
285
homeowner provides such certification in a signed or
286
electronically verified statement made under penalty of perjury.
287
(i)(j) A homeowner who receives a grant shall finalize
288
construction and request a final inspection, or request an
289
extension for an additional 6 months, within 1 year after grant
290
approval. If a homeowner fails to comply with this paragraph,
291
his or her application is deemed abandoned and the grant money
292
reverts to the department.
293
(11)(10) REPORTS AND ACCOUNTABILITY.—
294
(a) The department shall make an annual report on the
295
activities of the program that shall account for the use of
296
state funds and indicate the number of inspections requested,
297
the number of inspections performed, the number of grant
298
applications received, the number and value of grants approved,
299
and the estimated average annual amount of insurance premium
300
discounts and total estimated annual amount of insurance premium
301
discounts homeowners received from insurers as a result of
302
mitigation funded through the program. The report must detail
303
what percentage of grants were used toward each type of
304
improvement listed under paragraph (2)(e) and the corresponding
305
average premium reduction from such improvements. The report
306
must be delivered to the President of the Senate and the Speaker
307
of the House of Representatives by February 1 of each year.
308
(b) The department shall maintain a publicly accessible
309
online dashboard that shows the total funds awarded by the
310
program categorized by the type of improvement the funds were
311
used toward and the percentage of homes achieving reductions in
312
insurance premiums.
313
(c) The department shall establish performance standards
314
and audit protocols for inspectors under paragraph (2)(d) which
315
ensure accuracy and compliance with this section.
316
Section 2. This act shall take effect July 1, 2026.