HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 1 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to the My Safe Florida Condominium 2 Pilot Program; creating s. 215.5587, F.S.; 3 establishing the My Safe Florida Condominium Pilot 4 Program within the Department of Financial Services; 5 providing legislative intent; providing definitions; 6 providing requirements for associations and unit 7 owners to participate in the pilot program; providing 8 voting requirements; requiring the department t o 9 contract with specified entities for certain 10 inspections; providing requirements for such entities; 11 authorizing the department to conduct criminal record 12 checks of certain inspectors; requiring inspectors to 13 submit fingerprints and processing fees to the 14 department; providing requirements for hurricane 15 mitigation inspectors and inspections; requiring 16 applications for inspections and grants to include 17 specified statements; authorizing an association to 18 receive an inspection without applying for a 19 mitigation grant; providing mitigation grants for a 20 specified purpose; providing requirements for an 21 association receiving a mitigation grant; authorizing 22 an association to select is own contractor if such 23 contractor meets certain requirements; requiring the 24 department to electronically verify a contractor's 25 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 2 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S state license; requiring construction to be completed 26 and the association to submit a request for a final 27 inspection within a specified time period; requiring 28 mitigation grants to be matched by the association; 29 providing a maximum state contribution based on the 30 General Appropriations Act; providing requirements for 31 mitigation projects; providing how mitigation grants 32 may be used; requiring the department to develop a 33 specified process to ensure efficiency; autho rizing 34 the department to contract for certain services; 35 providing requirements for such contracts; requiring 36 the department to implement a quality assurance and 37 reinspection program; requiring the department to 38 submit to the Legislature an annual report wi th 39 specified information; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 215.5587, Florida Statutes, is created 44 to read: 45 215.5587 My Safe Florida Condominium Pilot Program. —There 46 is established within the Department of Financial Services the 47 My Safe Florida Condominium Pilot Program to be implemented 48 pursuant to appropriations. The department shall provide fiscal 49 accountability, contract management, and strategic leadership 50 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 3 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S for the pilot program, consistent with this section. This 51 section does not create an entitlement for associations or unit 52 owners or obligate the state in any way to fund the inspection 53 or retrofitting of condominiums in the state. Implementation of 54 this pilot program is subject to annual legislative 55 appropriations. It is the intent of the Legislature that the My 56 Safe Florida Condominium Pilot Program provide licensed 57 inspectors to perform inspections for and grants to eligible 58 associations as funding allows. 59 (1) DEFINITIONS.—As used in this section, the term: 60 (a) "Association" has the same meaning as in s. 718.103. 61 (b) "Association property" has the same meaning as in s. 62 718.103. 63 (c) "Board of administration" has the same meaning as in 64 s. 718.103. 65 (d) "Condominium" has the same meaning as in s. 718.103. 66 (e) "Condominium property" has the same meaning as in s. 67 718.103. 68 (f) "Department" means the Department of Financial 69 Services. 70 (g) "Property" means association property and condominium 71 property, as applicable. 72 (h) "Rebuild" means property under construction to replace 73 a structure that was destroyed or significantly damaged by a 74 hurricane and deemed unlivable by a regulatory authority. 75 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 4 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (i) "Unit" has the same meaning as in s. 718.103. 76 (j) "Unit owner" has the same meaning as in s. 718.103. 77 (2) PARTICIPATION.— 78 (a) In order to apply for an inspection under subsection 79 (4) or a grant under subsection (5) for association property or 80 condominium property, an association must receive approval by a 81 majority vote of the board of administration or a majority vote 82 of the total voting interests of the association to participate 83 in the pilot program. 84 (b) In order to apply for a grant under subsection (5) 85 which improves one or more units within a condominium, a n 86 association must receive both of the following: 87 1. Approval by a majority vote of the board of 88 administration or a majority vote of the total voting interests 89 of the association to participate in a mitigation inspection. 90 2. A unanimous vote of all un it owners within the 91 structure or building that is the subject of the mitigation 92 grant. 93 (c) A unit owner may participate in the pilot program 94 through a mitigation grant awarded to the association but may 95 not participate individually in the pilot program. 96 (d) The votes required under this subsection may take 97 place at the annual budget meeting of the association or at a 98 unit owner meeting called for the purpose of taking such vote. 99 Before a vote of the unit owners may be taken, the association 100 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 5 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S must provide to the unit owners a clear disclosure of the pilot 101 program on a form created by the department. The president and 102 the treasurer of the board of administration must sign the 103 disclosure form indicating that a copy of the form was provided 104 to each unit owner of the association. The signed disclosure 105 form and the minutes from the meeting at which the unit owners 106 voted to participate in the pilot program must be maintained as 107 part of the official records of the association. Within 14 days 108 after an affirmative vote to participate in the pilot program, 109 the association must provide written notice in the same manner 110 as required under s. 718.112(2)(d) to all unit owners of the 111 decision to participate in the pilot program. 112 (3) HURRICANE MITIGATION INSPECTORS. — 113 (a) Licensed inspectors are to provide inspections of the 114 property to determine the mitigation measures that are needed, 115 the insurance premium discounts that may be available to the 116 association, and the improvements to existing properties of the 117 association that are needed to reduce a property's vulnerability 118 to hurricane damage. 119 (b) The department shall contract with wind certification 120 entities to provide hurricane mitigation inspections. To qualify 121 for selection by the department as a wind certification e ntity 122 to provide hurricane mitigation inspections, the entity must, at 123 a minimum, meet all of the following requirements: 124 1. Use hurricane mitigation inspectors who are licensed or 125 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 6 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S certified as: 126 a. A building inspector under s. 468.607; 127 b. A general, building, or residential contractor under s. 128 489.111; 129 c. A professional engineer under s. 471.015; 130 d. A professional architect under s. 481.213; or 131 e. A home inspector under s. 468.8314 who has completed at 132 least 3 hours of hurricane mitigation trai ning approved by the 133 Construction Industry Licensing Board, which must include 134 hurricane mitigation techniques, compliance with the uniform 135 mitigation verification form, and completion of a proficiency 136 exam. 137 2. Use hurricane mitigation inspectors who hav e undergone 138 drug testing and a background screening. The department may 139 conduct criminal record checks of inspectors used by wind 140 certification entities. Inspectors must submit a set of 141 fingerprints to the department for state and national criminal 142 history checks and must pay the fingerprint processing fee set 143 forth in s. 624.501. The fingerprints must be sent by the 144 department to the Department of Law Enforcement and forwarded to 145 the Federal Bureau of Investigation for processing. The results 146 must be returned to the department for screening. The 147 fingerprints must be taken by a law enforcement agency, 148 designated examination center, or other department -approved 149 entity. 150 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 7 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. Provide a quality assurance program including a 151 reinspection component. 152 (4) HURRICANE MITIGATION INSPECTIONS. — 153 (a) The inspections provided to an association under this 154 section must, at a minimum, include all of the following: 155 1. An inspection of the property, and a report that 156 summarizes the results and identifies recommended improve ments 157 the association may take to mitigate hurricane damage. 158 2. A range of cost estimates regarding the recommended 159 mitigation improvements. 160 3. Information regarding estimated insurance premium 161 discounts, correlated to the current mitigation features a nd the 162 recommended mitigation improvements identified by the 163 inspection. 164 (b) An application for an inspection must contain a signed 165 or electronically verified statement made under penalty of 166 perjury by the president of the board of administration that th e 167 association has submitted only a single application for each 168 property that the association operates or maintains. 169 (c) An association may apply for and receive an inspection 170 without also applying for a grant under subsection (5). 171 (5) MITIGATION GRANTS .—Financial grants may be used to 172 encourage associations to retrofit the property the association 173 operates and maintains in order to make such property less 174 vulnerable to hurricane damage. 175 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 8 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (a) An application for a mitigation grant must: 176 1. Contain a signed or electronically verified statement 177 made under penalty of perjury by the president of the board of 178 administration that the association has submitted only a single 179 application for each property that the association operates or 180 maintains. 181 2. Include a notarized statement from the president of the 182 board of administration containing the name and license number 183 of the contractor the association intends to use for the 184 mitigation project. 185 3. Include a notarized statement from the president of the 186 board of administration which commits to the department that the 187 association will complete the mitigation improvements. If the 188 grant will be used to improve units, the application must also 189 include an acknowledged statement from each unit owner who is 190 required to provide approval for a grant under paragraph (2)(b). 191 (b) An association may select its own contractor for the 192 mitigation project as long as such contractor meets all 193 qualification, certi fication, or licensing requirements in 194 general law. A mitigation project must be performed by a 195 properly licensed contractor who has secured all required local 196 permits necessary for the project. The department must 197 electronically verify that the contractor 's state license number 198 is accurate and up to date before approving a grant application. 199 (c) An association awarded a grant must complete the 200 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 9 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S entire mitigation project in order to receive the final grant 201 award and must agree to make the property availabl e for a final 202 inspection once the mitigation project is finished to ensure the 203 mitigation improvements are completed in a matter consistent 204 with the intent of the pilot program and meet or exceed the 205 applicable Florida Building Code requirements. Construct ion must 206 be completed and the association must submit a request to the 207 department for a final inspection, or request an extension of 208 time, within 1 year after receiving grant approval. If the 209 association fails to comply with this paragraph, the application 210 is deemed abandoned and the grant money reverts back to the 211 department. 212 (d) All grants must be matched on the basis of $1 provided 213 by the association for $2 provided by the state up to a maximum 214 contribution as provided in the General Appropriations Act . 215 (e) When recommended by a hurricane mitigation inspection 216 report, grants for eligible associations may be used for the 217 following improvements: 218 1. Opening protection. 219 2. Exterior doors, including garage doors. 220 3. Reinforcing roof -to-wall connections. 221 4. Improving the strength of roof -deck attachments. 222 5. Secondary water barrier for roof. 223 (f) Grants may be used for a previously inspected existing 224 structure on the property or for a rebuild. 225 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 10 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (g)1. If improvements to protect the property which 226 complied with the current applicable building code at the time 227 have been previously installed, the association must use a 228 mitigation grant to install improvements that do both of the 229 following: 230 a. Comply with or exceed the applicable building code in 231 effect at the time the association applied for the grant. 232 b. Provide more hurricane protection than the improvements 233 that the association previously installed. 234 2. The association may not use a mitigation grant to: 235 a. Install the same type of improvement s that were 236 previously installed; or 237 b. Pay a deductible for a pending insurance claim for 238 damage that is part of the property for which grant funds are 239 being received. 240 (h) The department shall develop a process that ensures 241 the most efficient means to collect and verify grant 242 applications to determine eligibility and may direct hurricane 243 mitigation inspectors to collect and verify grant application 244 information or use the Internet or other electronic means to 245 collect information and determine eligibilit y. 246 (6) CONTRACT MANAGEMENT. — 247 (a) The department may contract with third parties for 248 grants management, inspection services, contractor services, 249 information technology, educational outreach, and auditing 250 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 11 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S services. Such contracts are considered direct c osts of the 251 pilot program and are not subject to administrative cost limits. 252 The department shall contract with providers that have a 253 demonstrated record of successful business operations in areas 254 directly related to the services to be provided and shall e nsure 255 the highest accountability for use of state funds, consistent 256 with this section. 257 (b) The department shall implement a quality assurance and 258 reinspection program that determines whether initial inspections 259 and mitigation improvements are completed i n a manner consistent 260 with the intent of the pilot program. The department may use a 261 valid random sampling in order to perform the quality assurance 262 portion of the pilot program. 263 (7) REPORTS.—By February 1 of each year, the department 264 shall submit a report to the President of the Senate and the 265 Speaker of the House of Representatives on the activities of the 266 pilot program and the use of state funds. The report must 267 include all of the following information: 268 (a) The number of inspections requested. 269 (b) The number of inspections performed. 270 (c) The number of grant applications received. 271 (d) The number of grants approved and the monetary value 272 of each grant. 273 (e) The estimated average annual amount of insurance 274 premium discounts each association receiv ed and the total 275 HB 1029 2024 CODING: Words stricken are deletions; words underlined are additions. hb1029-00 Page 12 of 12 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S estimated annual amount of insurance premium discounts received 276 by all associations participating in the pilot program. 277 (f) The estimated average annual amount of insurance 278 premium discounts each unit owner received as a result of the 279 improvements to the building or structure. 280 Section 2. This act shall take effect July 1, 2024. 281