Florida 2024 2024 Regular Session

Florida House Bill H1029 Introduced / Bill

Filed 12/27/2023

                       
 
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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     
 
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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     
 
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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     
 
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 (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     
 
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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     
 
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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     
 
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 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     
 
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 (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     
 
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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     
 
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 (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     
 
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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     
 
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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