Florida 2024 Regular Session

Florida House Bill H1029 Compare Versions

OldNewDifferences
11
2-ENROLLED
3-CS/CS/CS/HB 1029 2024 Legislature
2+
3+CS/CS/CS/HB 1029 2024
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1029-04-er
8+hb1029-03-c3
99 Page 1 of 14
1010 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
1111
1212
1313
14- 1
14+A bill to be entitled 1
1515 An act relating to the My Safe Florida Condominium 2
1616 Pilot Program; creating s. 215.5587, F.S.; 3
1717 establishing the My Safe Florida Condominium Pilot 4
1818 Program within the Department of Financial Services; 5
1919 providing legislative intent; providing definitions; 6
2020 providing requirements for associations and unit 7
2121 owners to participate in the pilot program; providing 8
2222 voting requirements; requiring the department to 9
2323 contract with specified entities for certain 10
2424 inspections; providing requirements for such entities; 11
2525 authorizing the department to conduct criminal record 12
2626 checks of certain inspectors; requiring inspectors to 13
2727 submit a full set of fingerprints to the department or 14
2828 other authorized entities; providing requirements for 15
2929 state and federal fingerprint processing; provid ing 16
3030 requirements for hurricane mitigation inspectors and 17
3131 inspections; requiring applications for inspections 18
3232 and grants to include specified statements; 19
3333 authorizing an association to receive an inspection 20
3434 without applying for a mitigation grant; providing 21
3535 mitigation grants for a specified purpose; providing 22
3636 requirements for an association receiving a mitigation 23
3737 grant; authorizing an association to select is own 24
3838 contractors if such contractors meet certain 25
39-ENROLLED
40-CS/CS/CS/HB 1029 2024 Legislature
39+
40+CS/CS/CS/HB 1029 2024
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1029-04-er
45+hb1029-03-c3
4646 Page 2 of 14
4747 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
4848
4949
5050
5151 requirements; requiring the department to 26
5252 electronically verify a contractor's state license; 27
5353 requiring construction to be completed and the 28
5454 association to submit a request for a final inspection 29
5555 within a specified time period; providing requirements 30
5656 for funding grant projects; requiring mitigation 31
5757 grants to be matched by the association; providing 32
5858 maximum state contributions; authorizing associations 33
5959 to receive grant funds for multiple projects; 34
6060 prohibiting the department from accepting grant 35
6161 applications or maintaining a waiting list under 36
6262 certain circumstances, unless otherwise expressly 37
6363 authorized by the Legislature; providing requirements 38
6464 for mitigation projects; providing how mitigation 39
6565 grants may be used; requiring the department to 40
6666 develop a specified process to ensure efficiency; 41
6767 authorizing the depa rtment to contract for certain 42
6868 services; providing requirements for such contracts; 43
6969 requiring the department to implement a quality 44
7070 assurance and reinspection program; requiring the 45
7171 department to submit to the Legislature an annual 46
7272 report with specified in formation; authorizing the 47
7373 department to request additional information from an 48
7474 applicant; providing that an application is deemed 49
7575 withdrawn under certain circumstances; requiring the 50
76-ENROLLED
77-CS/CS/CS/HB 1029 2024 Legislature
76+
77+CS/CS/CS/HB 1029 2024
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1029-04-er
82+hb1029-03-c3
8383 Page 3 of 14
8484 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
8585
8686
8787
8888 department to adopt specified rules; providing an 51
8989 effective date. 52
9090 53
9191 Be It Enacted by the Legislature of the State of Florida: 54
9292 55
9393 Section 1. Section 215.5587, Florida Statutes, is created 56
9494 to read: 57
9595 215.5587 My Safe Florida Condominium Pilot Program. —There 58
9696 is established within the Department of Financial Services the 59
9797 My Safe Florida Condominium Pilot Program to be implemented 60
9898 pursuant to appropriations. The department shall provide fiscal 61
9999 accountability, contract management, and strategic leadership 62
100100 for the pilot program, consistent with this section. This 63
101101 section does not create an entitlement for associations or unit 64
102102 owners or obligate the state in any way to fund the inspection 65
103103 or retrofitting of condominiums in the state. Implementation of 66
104104 this pilot program is subject to annual legislative 67
105105 appropriations. It is the i ntent of the Legislature that the My 68
106106 Safe Florida Condominium Pilot Program provide licensed 69
107107 inspectors to perform inspections for and grants to eligible 70
108108 associations as funding allows. 71
109109 (1) DEFINITIONS.—As used in this section, the term: 72
110110 (a) "Association" has the same meaning as in s. 718.103. 73
111111 (b) "Association property" means property, real and 74
112112 personal, which is owned or leased by, or is dedicated by a 75
113-ENROLLED
114-CS/CS/CS/HB 1029 2024 Legislature
113+
114+CS/CS/CS/HB 1029 2024
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1029-04-er
119+hb1029-03-c3
120120 Page 4 of 14
121121 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
122122
123123
124124
125125 recorded plat to, an association for the use and benefit of its 76
126126 members and is located in the servi ce area. 77
127127 (c) "Board of administration" has the same meaning as in 78
128128 s. 718.103. 79
129129 (d) "Condominium" has the same meaning as in s. 718.103. 80
130130 (e) "Condominium property" means the lands, leaseholds, 81
131131 and personal property that are subjected to condominium 82
132132 ownership, whether or not contiguous, and all improvements 83
133133 thereon and all easements and rights appurtenant thereto 84
134134 intended for use in connection with the condominium and are 85
135135 located in the service area. 86
136136 (f) "Department" means the Department of Financial 87
137137 Services. 88
138138 (g) "Property" means association property and condominium 89
139139 property, as applicable, located in the service area. 90
140140 (h) "Service area" means the area of the state which is 15 91
141141 miles inward of a coastline, as that term is defined in s. 92
142142 376.031. 93
143143 (i) "Unit" has the same meaning as in s. 718.103. 94
144144 (j) "Unit owner" has the same meaning as in s. 718.103. 95
145145 (2) PARTICIPATION.— 96
146146 (a) In order to apply for an inspection under subsection 97
147147 (4) or a grant under subsection (5) for association property or 98
148148 condominium property, an association must receive approval by a 99
149149 majority vote of the board of administration or a majority vote 100
150-ENROLLED
151-CS/CS/CS/HB 1029 2024 Legislature
150+
151+CS/CS/CS/HB 1029 2024
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1029-04-er
156+hb1029-03-c3
157157 Page 5 of 14
158158 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
159159
160160
161161
162162 of the total voting interests of the association to participate 101
163163 in the pilot program. 102
164164 (b) In order to apply for a grant under subsection (5) 103
165165 which improves one or more units within a condominium, an 104
166166 association must receive both of the following: 105
167167 1. Approval by a majority vote of the board of 106
168168 administration or a majority vote of the total voting interests 107
169169 of the association to participate in a mitigation inspection. 108
170170 2. A unanimous vote of all unit owners within the 109
171171 structure or building that is the subject of the mitigation 110
172172 grant. 111
173173 (c) A unit owner may participate in the pilot program 112
174174 through a mitigation grant awarded to the association but may 113
175175 not participate individually in the pilot program. 114
176176 (d) The votes required under this subsection may take 115
177177 place at the annual budget meeting of the association or at a 116
178178 unit owner meeting called for the purpose of taking such vote. 117
179179 Before a vote of the unit owners may be taken, the association 118
180180 must provide to the unit owners a clear disclosure of the pilot 119
181181 program on a form created by the department. The president and 120
182182 the treasurer of the board of administration must sign the 121
183183 disclosure form indicating that a copy of the form was provided 122
184184 to each unit owner of the association. The signed disclosure 123
185185 form and the minutes from the meeting at which the unit owners 124
186186 voted to participate in the pilot program must be maintained as 125
187-ENROLLED
188-CS/CS/CS/HB 1029 2024 Legislature
187+
188+CS/CS/CS/HB 1029 2024
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1029-04-er
193+hb1029-03-c3
194194 Page 6 of 14
195195 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
196196
197197
198198
199199 part of the official records of the association. Within 14 days 126
200200 after an affirmative vote to participate in the pilot program, 127
201201 the association must provide written notice in the same manner 128
202202 as required under s. 718.112(2)(d) to all unit owners of the 129
203203 decision to participate in the pilot program. 130
204204 (3) HURRICANE MITIGATION INSPECTORS. — 131
205205 (a) Licensed inspectors are to provide inspections of the 132
206206 property to determine the mitigation measures that are needed, 133
207207 the insurance premium discounts that may be available to the 134
208208 association, and the improvements to existing properties of the 135
209209 association that are needed to reduce a property's vulnerability 136
210210 to hurricane damage. 137
211211 (b) The department shall contract with wind certification 138
212212 entities to provide hurricane mitigation inspections. To qualify 139
213213 for selection by the department as a wind certification entity 140
214214 to provide hurricane mitigation inspections, the entity m ust, at 141
215215 a minimum, meet all of the following requirements: 142
216216 1. Use hurricane mitigation inspectors who are licensed or 143
217217 certified as: 144
218218 a. A building inspector under s. 468.607; 145
219219 b. A general, building, or residential contractor under s. 146
220220 489.111; 147
221221 c. A professional engineer under s. 471.015; 148
222222 d. A professional architect under s. 481.213; or 149
223223 e. A home inspector under s. 468.8314 who has completed at 150
224-ENROLLED
225-CS/CS/CS/HB 1029 2024 Legislature
224+
225+CS/CS/CS/HB 1029 2024
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1029-04-er
230+hb1029-03-c3
231231 Page 7 of 14
232232 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
233233
234234
235235
236236 least 3 hours of hurricane mitigation training approved by the 151
237237 Construction Industry Licensing Board, whi ch must include 152
238238 hurricane mitigation techniques, compliance with the uniform 153
239239 mitigation verification form, and completion of a proficiency 154
240240 exam. 155
241241 2. Use hurricane mitigation inspectors who have undergone 156
242242 drug testing and a background screening. The depart ment may 157
243243 conduct criminal record checks of inspectors used by wind 158
244244 certification entities. Inspectors must submit a full set of 159
245245 fingerprints to the department or to a vendor, an entity, or an 160
246246 agency authorized under s. 943.053(13). The department, vendor, 161
247247 entity, or agency shall forward the fingerprints to the 162
248248 Department of Law Enforcement for state processing and the 163
249249 Department of Law Enforcement shall forward the fingerprints to 164
250250 the Federal Bureau of Investigation for national processing. 165
251251 Fees for state and federal fingerprint processing shall be borne 166
252252 by the inspector. The state cost for fingerprint processing 167
253253 shall be as provided in s. 943.053(3)(e). The results must be 168
254254 returned to the department for screening. The fingerprints must 169
255255 be taken by a law enf orcement agency, designated examination 170
256256 center, or other department -approved entity. 171
257257 3. Provide a quality assurance program including a 172
258258 reinspection component. 173
259259 (4) HURRICANE MITIGATION INSPECTIONS. — 174
260260 (a) The inspections provided to an association unde r this 175
261-ENROLLED
262-CS/CS/CS/HB 1029 2024 Legislature
261+
262+CS/CS/CS/HB 1029 2024
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb1029-04-er
267+hb1029-03-c3
268268 Page 8 of 14
269269 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
270270
271271
272272
273273 section must, at a minimum, include all of the following: 176
274274 1. An inspection of the property, and a report that 177
275275 summarizes the results and identifies recommended improvements 178
276276 the association may take to mitigate hurricane damage. 179
277277 2. A range of cost estimates regarding the recommended 180
278278 mitigation improvements. 181
279279 3. Information regarding estimated insurance premium 182
280280 discounts, correlated to the current mitigation features and the 183
281281 recommended mitigation improvements identified by the 184
282282 inspection. 185
283283 (b) An application for an inspection must contain a signed 186
284284 or electronically verified statement made under penalty of 187
285285 perjury by the president of the board of administration that the 188
286286 association has submitted only a single application for each 189
287287 property that the association operates or maintains. 190
288288 (c) An association may apply for and receive an inspection 191
289289 without also applying for a grant under subsection (5). 192
290290 (5) MITIGATION GRANTS. —Financial grants may be used by 193
291291 associations to make improvements recommended in a hurricane 194
292292 mitigation inspection report which increase the condominium's 195
293293 resistance to hurricane damage. 196
294294 (a) An application for a mitigation grant must: 197
295295 1. Contain a signed or electronically verified statement 198
296296 made under penalty of perjury by the p resident of the board of 199
297297 administration that the association has submitted only a single 200
298-ENROLLED
299-CS/CS/CS/HB 1029 2024 Legislature
298+
299+CS/CS/CS/HB 1029 2024
300300
301301
302302
303303 CODING: Words stricken are deletions; words underlined are additions.
304-hb1029-04-er
304+hb1029-03-c3
305305 Page 9 of 14
306306 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
307307
308308
309309
310310 application for each property that the association operates or 201
311311 maintains. 202
312312 2. Include a notarized statement from the president of the 203
313313 board of administration containing the name and license number 204
314314 of each contractor the association intends to use for the 205
315315 mitigation project. 206
316316 3. Include a notarized statement from the president of the 207
317317 board of administration which commits to the department that the 208
318318 association will complete the mitigation improvements. If the 209
319319 grant will be used to improve units, the application must also 210
320320 include an acknowledged statement from each unit owner who is 211
321321 required to provide approval for a grant under paragraph (2)(b). 212
322322 (b) An association may select its own contractors for the 213
323323 mitigation project as long as each contractor meets all 214
324324 qualification, certification, or licensing requirements in 215
325325 general law. A mitigation project must be performed by a 216
326326 properly licensed contractor who has sec ured all required local 217
327327 permits necessary for the project. The department must 218
328328 electronically verify that the contractor's state license number 219
329329 is accurate and up to date before approving a grant application. 220
330330 (c) An association awarded a grant must compl ete the 221
331331 entire mitigation project in order to receive the final grant 222
332332 award and must agree to make the property available for a final 223
333333 inspection once the mitigation project is finished to ensure the 224
334334 mitigation improvements are completed in a matter consist ent 225
335-ENROLLED
336-CS/CS/CS/HB 1029 2024 Legislature
335+
336+CS/CS/CS/HB 1029 2024
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb1029-04-er
341+hb1029-03-c3
342342 Page 10 of 14
343343 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
344344
345345
346346
347347 with the intent of the pilot program and meet or exceed the 226
348348 applicable Florida Building Code requirements. Construction must 227
349349 be completed and the association must submit a request to the 228
350350 department for a final inspection, or request an extension of 229
351351 time, within 1 year after receiving grant approval. If the 230
352352 association fails to comply with this paragraph, the application 231
353353 is deemed abandoned and the grant money reverts back to the 232
354354 department. 233
355355 (d) Grant projects shall be funded as follows: 234
356356 1. All grants must be matched on the basis of $1 provided 235
357357 by the association for $2 provided by the state. 236
358358 2. For roof-related projects, the grant contribution is 237
359359 $11 per square foot multiplied by the square footage of the 238
360360 replacement roof, not to exceed $1,000 per unit, with a maximum 239
361361 grant award of 50 percent of the cost of the project. 240
362362 3. For opening protection -related projects, the grant 241
363363 contribution is a maximum of $750 per replacement window or 242
364364 door, not to exceed $1,500 per unit, with a maximum grant award 243
365365 of 50 percent of the cost of the project. 244
366366 4. An association may receive grant funds for both roof -245
367367 related and opening protection -related projects, but the maximum 246
368368 total grant award may not exceed $175,000 per association. 247
369369 5. The department may not accep t grant applications or 248
370370 maintain a waiting list for grants after the cumulative value of 249
371371 the grants awarded have fully obligated the appropriation, 250
372-ENROLLED
373-CS/CS/CS/HB 1029 2024 Legislature
372+
373+CS/CS/CS/HB 1029 2024
374374
375375
376376
377377 CODING: Words stricken are deletions; words underlined are additions.
378-hb1029-04-er
378+hb1029-03-c3
379379 Page 11 of 14
380380 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
381381
382382
383383
384384 unless otherwise expressly authorized by the Legislature. 251
385385 (e) When recommended by a hurricane mitigation i nspection 252
386386 report, grants for eligible associations may be used for the 253
387387 following improvements: 254
388388 1. Opening protection, including exterior doors, garage 255
389389 doors, windows, and skylights. 256
390390 2. Reinforcing roof -to-wall connections. 257
391391 3. Improving the strength o f roof-deck attachments. 258
392392 4. Secondary water resistance for roof. 259
393393 (f) Grants may be used for a previously inspected existing 260
394394 structure on the property. 261
395395 (g)1. If improvements to protect the property which 262
396396 complied with the current applicable building c ode at the time 263
397397 have been previously installed, the association must use a 264
398398 mitigation grant to install improvements that do both of the 265
399399 following: 266
400400 a. Comply with or exceed the applicable building code in 267
401401 effect at the time the association applied for the grant. 268
402402 b. Provide more hurricane protection than the improvements 269
403403 that the association previously installed. 270
404404 2. The association may not use a mitigation grant to: 271
405405 a. Install the same type of improvements that were 272
406406 previously installed; or 273
407407 b. Pay a deductible for a pending insurance claim for 274
408408 damage that is part of the property for which grant funds are 275
409-ENROLLED
410-CS/CS/CS/HB 1029 2024 Legislature
409+
410+CS/CS/CS/HB 1029 2024
411411
412412
413413
414414 CODING: Words stricken are deletions; words underlined are additions.
415-hb1029-04-er
415+hb1029-03-c3
416416 Page 12 of 14
417417 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
418418
419419
420420
421421 being received. 276
422422 (h) The department shall develop a process that ensures 277
423423 the most efficient means to collect and verify inspection and 278
424424 grant applications to determine eligibility. The department may 279
425425 direct hurricane mitigation inspectors to collect and verify 280
426426 inspection and grant application information or use the Internet 281
427427 or other electronic means to collect information and determine 282
428428 eligibility. 283
429429 (6) CONTRACT MANAGEMENT. — 284
430430 (a) The department may contract with third parties for 285
431431 grants management, inspection services, contractor services, 286
432432 information technology, educational outreach, and auditing 287
433433 services. Such contracts are considered direct costs of the 288
434434 pilot program and are not subject to administrative cost limits. 289
435435 The department shall contract with providers that have a 290
436436 demonstrated record of successful business operations in areas 291
437437 directly related to the services to be provided and shall ensure 292
438438 the highest accountability for use of state funds, consistent 293
439439 with this section. 294
440440 (b) The department shall implement a quality assurance and 295
441441 reinspection program that determines whether initial inspections 296
442442 and mitigation improvements are completed in a m anner consistent 297
443443 with the intent of the pilot program. The department may use a 298
444444 valid random sampling in order to perform the quality assurance 299
445445 portion of the pilot program. 300
446-ENROLLED
447-CS/CS/CS/HB 1029 2024 Legislature
446+
447+CS/CS/CS/HB 1029 2024
448448
449449
450450
451451 CODING: Words stricken are deletions; words underlined are additions.
452-hb1029-04-er
452+hb1029-03-c3
453453 Page 13 of 14
454454 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
455455
456456
457457
458458 (7) REPORTS.—By February 1 of each year, the department 301
459459 shall submit a report to the President of the Senate and the 302
460460 Speaker of the House of Representatives on the activities of the 303
461461 pilot program and the use of state funds. The report must 304
462462 include all of the following information: 305
463463 (a) The number of inspections requested. 306
464464 (b) The number of inspections performed. 307
465465 (c) The number of grant applications received. 308
466466 (d) The number of grants approved and the monetary value 309
467467 of each grant. 310
468468 (e) The estimated average annual amount of insurance 311
469469 premium discounts each association received and the total 312
470470 estimated annual amount of insurance premium discounts received 313
471471 by all associations participating in the pilot program. 314
472472 (f) The estimated average annual amount of insurance 315
473473 premium discounts each unit owner received as a result of the 316
474474 improvements to the building or structure. 317
475475 (8) REQUESTS FOR INFORMATION. —The department may request 318
476476 that an applicant provide additional information. An application 319
477477 is deemed withdrawn by the applicant if the department does not 320
478478 receive a response to its requ est for additional information 321
479479 within 60 days after it notifies the applicant of any apparent 322
480480 errors or omissions in the application. 323
481481 (9) RULES.—The department shall adopt rules pursuant to 324
482482 ss. 120.536(1) and 120.54 to implement this section; to govern 325
483-ENROLLED
484-CS/CS/CS/HB 1029 2024 Legislature
483+
484+CS/CS/CS/HB 1029 2024
485485
486486
487487
488488 CODING: Words stricken are deletions; words underlined are additions.
489-hb1029-04-er
489+hb1029-03-c3
490490 Page 14 of 14
491491 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
492492
493493
494494
495495 the program; to govern hurricane mitigation inspections and 326
496496 grants, mitigation contractors, and training of inspectors and 327
497497 contractors; and to carry out the duties of the department under 328
498498 this section. 329
499499 Section 2. This act shall take effect July 1, 2024. 330