This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0943b.EEG
DATE: 1/22/2024
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 943 Pub. Rec./My Safe Florida Home Program
SPONSOR(S): LaMarca
TIED BILLS: IDEN./SIM. BILLS: SB 988
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Insurance & Banking Subcommittee 16 Y, 0 N Fortenberry Lloyd
2) Ethics, Elections & Open Government
Subcommittee
Rando Toliver
3) Commerce Committee
SUMMARY ANALYSIS
In 2006, the Legislature created the My Safe Florida Home Program (MSFH Program) within the Department of
Financial Services (DFS), with the intent that the MSFH Program provide licensed inspectors to perform
inspections for owners of site-built, single-family, residential properties and grants to eligible applicants, subject
to the availability of funds.
Under the MSFH Program, licensed inspectors must provide home inspections of site-built, single-family,
residential properties for which a homestead exemption has been granted, to determine what mitigation
measures are needed, what insurance premium discounts may be available, and what improvements to
existing residential properties are needed to reduce the property’s vulnerability to hurricane damage. The
inspections provided to homeowners under the MSFH Program must include, at a minimum, certain
information. Further, the inspection reports provide detailed information to the MSFH Program regarding the
applicant’s home.
Similarly, financial grants under the MSFH Program are intended to encourage single-family, site-built, owner-
occupied, residential property owners to retrofit their properties to make them less vulnerable to hurricane
damage. For a homeowner to be eligible for a grant, the following criteria must be met:
The homeowner must have been granted a homestead exemption on the home;
The home must be a dwelling with an insured value of $700,000 or less;
The home must undergo an acceptable hurricane mitigation inspection under the MSFH Program;
The building permit application for initial construction of the home must have been made before
January 1, 2008; and
The homeowner must agree to make his or her home available for inspection once a mitigation project
is completed.
The bill creates a public record exemption for information contained in applications and inspection reports
submitted under the MSFH Program, regardless of the date that such applications and reports were submitted.
The bill provides for repeal of the exemption on October 2, 2029, unless reviewed and saved from repeal by
the Legislature. It also provides a public necessity statement as required by the Florida Constitution.
The bill may have an indeterminate negative fiscal impact on state government expenditures, no fiscal impact
on state government revenues, no fiscal impact on local government revenues or expenditures, and an
indeterminate positive fiscal impact on the private sector.
The bill provides an effective date of upon becoming a law.
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created public record exemption. The bill creates a public record
exemption; thus, it requires a two-thirds vote for final passage. STORAGE NAME: h0943b.EEG PAGE: 2
DATE: 1/22/2024
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
My Safe Florida Home Program
In 2006, the Legislature created the My Safe Florida Home Program (MSFH Program) within the
Department of Financial Services (DFS), with the intent that the MSFH Program provide licensed
inspectors to perform inspections for owners of site-built, single-family, residential properties and grants
to eligible applicants, subject to the availability of funds.
1
Under the MSFH Program, DFS must develop
and implement a comprehensive and coordinated approach for hurricane damage mitigation that may
include hurricane mitigation inspections,
2
mitigation grants,
3
and education, consumer awareness, and
outreach.
4
HURRICANE MITIGATION INSPECTIONS
Under the MSFH Program, licensed inspectors must provide home inspections of site-built, single-
family, residential properties for which a homestead exemption has been granted, to determine:
What mitigation measures are needed,
What insurance premium discounts may be available, and
What improvements to existing residential properties are needed to reduce the property’s
vulnerability to hurricane damage.
5
DFS must also contract with wind certification entities to provide hurricane mitigation inspections. To
qualify for selection by DFS as a wind certification entity to provide hurricane mitigation inspections, the
entity must meet certain requirements.
6
The inspections provided to homeowners by such entities, at a
minimum, must include:
A home inspection and report that summarizes the results and identifies recommended
improvements a homeowner may take to mitigate hurricane damage;
A range of cost estimates regarding the recommended mitigation improvements; and
Information regarding estimated premium discounts, which are correlated to the current
mitigation features and the recommended mitigation improvements identified by the inspection.
7
The inspection report provides information to the MSFH Program regarding the applicant’s home, such
as detailed descriptions of the premises, pictures of the interior and exterior of the structure, including
private areas, entry points, and possible vulnerabilities to its security.
An application for an inspection must contain a signed or electronically verified statement, made under
penalty of perjury, that the applicant has submitted only a single application for that home.
8
MITIGATION GRANTS
Financial grants under the MSFH Program are intended to encourage single-family, site-built, owner-
occupied, residential property owners to retrofit their properties to make them less vulnerable to
hurricane damage.
9
1
S. 215.5586, F.S.
2
See s. 215.5586(1), F.S.
3
See s. 215.5586(2), F.S.
4
See s. 215.5586(3), F.S.
5
S. 215.5586(2)(a), F.S.
6
See s. 215.5586(2)(c), F.S.
7
S. 215.5586(1)(b), F.S.
8
S. 215.5586(1)(d), F.S. STORAGE NAME: h0943b.EEG PAGE: 3
DATE: 1/22/2024
For a homeowner to be eligible for a grant, the following criteria must be met:
The homeowner must have been granted a homestead exemption on the home under ch. 196,
F.S.;
10
The home must be a dwelling with an insured value of $700,000 or less;
11
The home must undergo an acceptable hurricane mitigation inspection under the MSFH
Program;
The building permit application for initial construction of the home must have been made before
January 1, 2008; and
The homeowner must agree to make his or her home available for inspection once a mitigation
project is completed.
12
An application for a grant must contain a signed or electronically verified statement, made under
penalty of perjury, that the applicant has submitted only a single application.
13
The application must
include attachments that demonstrate the applicant meets the requirements described above.
14
Under the MSFH Program, DFS must develop a process that ensures the most efficient means to
collect and verify grant applications to determine eligibility and may direct hurricane mitigation
inspectors to collect and verify grant application information or use the internet or other electronic
means to collect information and determine eligibility.
15
Public Records
The Florida Constitution sets forth the state’s public policy regarding access to government records,
guaranteeing every person a right to inspect or copy any public record of the legislative, executive, and
judicial branches of government.
16
The Legislature, however, may provide by general law an
exemption
17
from public record requirements provided that the exemption passes by a two-thirds vote
of each chamber, states with specificity the public necessity justifying the exemption, and is no broader
than necessary to meet its public purpose.
18
Current law also addresses the public policy regarding access to government records by guaranteeing
every person a right to inspect and copy any state, county, or municipal record, unless the record is
exempt.
19
Furthermore, the Open Government Sunset Review (OGSR) Act
20
provides that a public
record exemption may be created, revised, or maintained only if it serves an identifiable public purpose
and the “Legislature finds that the purpose is sufficiently compelling to override the strong public policy
of open government and cannot be accomplished without the exemption.”
21
An identifiable public
purpose is served if the exemption meets one of the following purposes:
9
S. 215.5586(2), F.S.
10
Chapter 196, F.S., relates to, among other things, homestead exemptions.
11
Homeowners who are low-income persons, as defined s. 420.0004(11), F.S., are exempt from this requirement. The
term “low-income persons” is defined by s. 420.0004(11), F.S., as one or more natural persons or a family, the total
annual adjusted gross household income of which does not exceed 80% of the median annual adjusted gross income for
households within the state, or 80% of the median annual adjusted gross income for households within the metropolitan
statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is
greater.
12
S. 215.5586(2)(a), F.S.
13
S. 215.5586(2), F.S.
14
Id.
15
S. 215.5586(2)(i), F.S.
16
Art. I, s. 24(a), FLA. CONST.
17
A “public record exemption” means a provision of general law which provides that a specified record, or portion thereof,
is not subject to the access requirements of s. 119.07(1), F.S., or s. 24, Art. I of the Florida Constitution. See s.
119.011(8), F.S.
18
Art. I, s. 24(c), FLA. CONST.
19
See s. 119.01, F.S.
20
S. 119.15, F.S.
21
S. 119.15(6)(b), F.S. STORAGE NAME: h0943b.EEG PAGE: 4
DATE: 1/22/2024
Allow the state or its political subdivisions to effectively and efficiently administer a
governmental program, which administration would be significantly impaired without the
exemption;
Protect sensitive personal information that, if released, would be defamatory or would
jeopardize an individual’s safety; however, only the identity of an individual may be exempted
under this provision; or
Protect trade or business secrets.
22
Pursuant to the OGSR Act, a new public record exemption, or the substantial amendment of an existing
public record exemption, is repealed on October 2
nd
of the fifth year following enactment, unless the
Legislature reenacts the exemption.
23
Effect of the Bill
The bill creates a public record exemption for information contained in applications and inspection
reports submitted under the MSFH Program, regardless of the date that such applications and reports
were submitted. The bill also provides a statement of public necessity as required by the Florida
Constitution.
The exemption is subject to the Open Government Sunset Review Act, and will be repealed on October
2, 2029, unless reviewed and saved from repeal through reenactment by the Legislature.
B. SECTION DIRECTORY:
Section 1. Creates s. 215.55861, F.S., relating to My Safe Florida Home Program public records
exemption.
Section 2. Provides a statement of public necessity.
Section 3. Provides that the bill will take effect upon becoming a law.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Indeterminate. See “Fiscal Comments” section below.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
22
Id.
23
S. 119.15(3), F.S. STORAGE NAME: h0943b.EEG PAGE: 5
DATE: 1/22/2024
The proposed public record exemption may encourage the submission of applications and inspection
reports under the MSFH Program, in which case the bill would have a positive impact on communities
affected by natural disasters. However, the impact to the private sector is indeterminate.
D. FISCAL COMMENTS:
The bill may have a minimal negative fiscal impact on state agencies because agency staff responsible
for complying with public records requests may require training related to the creation of the public
record exemption. Agencies could incur costs associated with redacting the confidential and exempt
information prior to releasing a record. The costs, however, would likely be absorbed by existing
resources, as they are part of the day-to-day responsibilities of such agencies.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. This bill does not appear to affect county or municipal governments.
2. Other:
Vote Requirement
Article I, s. 24(c) of the Florida Constitution requires a two-thirds vote of the members present and
voting for final passage of a newly created or expanded public record exemption. The bill creates a
public record exemption; thus, it requires a two-thirds vote for final passage.
Public Necessity Statement
Article I, s. 24(c) of the Florida Constitution requires a public necessity statement for a newly
created or expanded public record exemption. The bill creates a public record exemption; therefore,
it includes a public necessity statement. The public necessity statement states that the Legislature
finds, in part, that the exemption is necessary because public availability of such information can be
used for identity theft, consumer scams, unwanted solicitations, or other invasive contact, and put
applicants of the My Safe Florida Home Program at increased risk for home invasions and reduced
privacy in their homes.
Breadth of Exemption
Article I, s. 24(c) of the Florida Constitution requires a newly created public record exemption to be
no broader than necessary to accomplish the stated purpose of the law. The bill creates a public
record exemption for certain information received by DFS pursuant to an application and inspection
reports submitted to the MSFH Program. The purpose of the exemption is to protect sensitive
personal information, such as names, email addresses, mailing addresses, and telephone numbers,
that DFS receives in conjunction with its duties related to the review of such applications and
inspection reports. As such, the bill appears to be no broader than necessary to accomplish its
purpose.
B. RULE-MAKING AUTHORITY:
The bill does not confer rulemaking authority nor require the promulgation of rules.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
STORAGE NAME: h0943b.EEG PAGE: 6
DATE: 1/22/2024