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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
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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 a full set of fingerprints to the depar tment or 14
other authorized entities; providing requirements for 15
state and federal fingerprint processing; providing 16
requirements for hurricane mitigation inspectors and 17
inspections; requiring applications for inspections 18
and grants to include specified stat ements; 19
authorizing an association to receive an inspection 20
without applying for a mitigation grant; providing 21
mitigation grants for a specified purpose; providing 22
requirements for an association receiving a mitigation 23
grant; authorizing an association to select is own 24
contractors if such contractors meet certain 25
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requirements; requiring the department to 26
electronically verify a contractor's state license; 27
requiring construction to be completed and the 28
association to submit a request for a final inspection 29
within a specified time period; providing requirements 30
for funding grant projects; requiring mitigation 31
grants to be matched by the association; providing 32
maximum state contributions; authorizing associations 33
to receive grant funds for multiple projects; 34
prohibiting the department from accepting grant 35
applications or maintaining a waiting list under 36
certain circumstances, unless otherwise expressly 37
authorized by the Legislature; providing requirements 38
for mitigation projects; providing how mitigation 39
grants may be used; requiring the department to 40
develop a specified process to ensure efficiency; 41
authorizing the department to contract for certain 42
services; providing requirements for such contracts; 43
requiring the department to implement a quality 44
assurance and reinspection program; requiring the 45
department to submit to the Legislature an annual 46
report with specified information; authorizing the 47
department to request additional information from an 48
applicant; providing that an application is deemed 49
withdrawn under certain circumstances; requiring the 50
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department to adopt specified rules; providing an 51
effective date. 52
53
Be It Enacted by the Legislature of the State of Florida: 54
55
Section 1. Section 215.5587, Florida Statutes, is created 56
to read: 57
215.5587 My Safe Florida Condominium Pilot Program. —There 58
is established within the Department of Financial Services the 59
My Safe Florida Condominium Pilot Program to be implemented 60
pursuant to appropriations. The department shall provide fiscal 61
accountability, contrac t management, and strategic leadership 62
for the pilot program, consistent with this section. This 63
section does not create an entitlement for associations or unit 64
owners or obligate the state in any way to fund the inspection 65
or retrofitting of condominiums in the state. Implementation of 66
this pilot program is subject to annual legislative 67
appropriations. It is the intent of the Legislature that the My 68
Safe Florida Condominium Pilot Program provide licensed 69
inspectors to perform inspections for and grants to eligible 70
associations as funding allows. 71
(1) DEFINITIONS.—As used in this section, the term: 72
(a) "Association" has the same meaning as in s. 718.103. 73
(b) "Association property" means property, real and 74
personal, which is owned or leased by, or is ded icated by a 75
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recorded plat to, an association for the use and benefit of its 76
members and is located in the service area. 77
(c) "Board of administration" has the same meaning as in 78
s. 718.103. 79
(d) "Condominium" has the same meaning as in s. 718.103. 80
(e) "Condominium property" means the lands, leaseholds, 81
and personal property that are subjected to condominium 82
ownership, whether or not contiguous, and all improvements 83
thereon and all easements and rights appurtenant thereto 84
intended for use in connection w ith the condominium and are 85
located in the service area. 86
(f) "Department" means the Department of Financial 87
Services. 88
(g) "Property" means association property and condominium 89
property, as applicable, located in the service area. 90
(h) "Service area" m eans the area of the state which is 15 91
miles inward of a coastline, as that term is defined in s. 92
376.031. 93
(i) "Unit" has the same meaning as in s. 718.103. 94
(j) "Unit owner" has the same meaning as in s. 718.103. 95
(2) PARTICIPATION.— 96
(a) In order to apply for an inspection under subsection 97
(4) or a grant under subsection (5) for association property or 98
condominium property, an association must receive approval by a 99
majority vote of the board of administration or a majority vote 100
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of the total voting interests of the association to participate 101
in the pilot program. 102
(b) In order to apply for a grant under subsection (5) 103
which improves one or more units within a condominium, an 104
association must receive both of the following: 105
1. Approval by a majority vote of the board of 106
administration or a majority vote of the total voting interests 107
of the association to participate in a mitigation inspection. 108
2. A unanimous vote of all unit owners within the 109
structure or building that is the subject of the mitigation 110
grant. 111
(c) A unit owner may participate in the pilot program 112
through a mitigation grant awarded to the association but may 113
not participate individually in the pilot program. 114
(d) The votes required under this subsection may take 115
place at the annual budget meeting of the association or at a 116
unit owner meeting called for the purpose of taking such vote. 117
Before a vote of the unit owners may be taken, the association 118
must provide to the unit owners a clear disclosure of the pilot 119
program on a form created by the department. The president and 120
the treasurer of the board of administration must sign the 121
disclosure form indicating that a copy of the form was provided 122
to each unit owner of the association. The signed disclosure 123
form and the minutes from the meeting at which the unit owners 124
voted to participate in the pilot program must be maintained as 125
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part of the official records of the association. Within 14 days 126
after an affirmative vote to participate in the pilot program, 127
the association must provide written notice in the same manner 128
as required under s. 718.112(2)(d) to all unit owners of the 129
decision to participate in the pilot program. 130
(3) HURRICANE MITIGATION INSPECTORS. — 131
(a) Licensed inspectors are to provide inspections of the 132
property to determine the mitigation measures that are needed, 133
the insurance premium discounts that may be available to the 134
association, and the improvements to existing properties of the 135
association that are needed to reduce a property's vulnerability 136
to hurricane damage. 137
(b) The department shall contract with wind certification 138
entities to provide hurricane mitigation inspections. To qualify 139
for selection by the department as a wind certification entity 140
to provide hurricane mitigation inspections, the entity m ust, at 141
a minimum, meet all of the following requirements: 142
1. Use hurricane mitigation inspectors who are licensed or 143
certified as: 144
a. A building inspector under s. 468.607; 145
b. A general, building, or residential contractor under s. 146
489.111; 147
c. A professional engineer under s. 471.015; 148
d. A professional architect under s. 481.213; or 149
e. A home inspector under s. 468.8314 who has completed at 150
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least 3 hours of hurricane mitigation training approved by the 151
Construction Industry Licensing Board, whi ch must include 152
hurricane mitigation techniques, compliance with the uniform 153
mitigation verification form, and completion of a proficiency 154
exam. 155
2. Use hurricane mitigation inspectors who have undergone 156
drug testing and a background screening. The depart ment may 157
conduct criminal record checks of inspectors used by wind 158
certification entities. Inspectors must submit a full set of 159
fingerprints to the department or to a vendor, an entity, or an 160
agency authorized under s. 943.053(13). The department, vendor, 161
entity, or agency shall forward the fingerprints to the 162
Department of Law Enforcement for state processing and the 163
Department of Law Enforcement shall forward the fingerprints to 164
the Federal Bureau of Investigation for national processing. 165
Fees for state and federal fingerprint processing shall be borne 166
by the inspector. The state cost for fingerprint processing 167
shall be as provided in s. 943.053(3)(e). The results must be 168
returned to the department for screening. The fingerprints must 169
be taken by a law enf orcement agency, designated examination 170
center, or other department -approved entity. 171
3. Provide a quality assurance program including a 172
reinspection component. 173
(4) HURRICANE MITIGATION INSPECTIONS. — 174
(a) The inspections provided to an association unde r this 175
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section must, at a minimum, include all of the following: 176
1. An inspection of the property, and a report that 177
summarizes the results and identifies recommended improvements 178
the association may take to mitigate hurricane damage. 179
2. A range of cost estimates regarding the recommended 180
mitigation improvements. 181
3. Information regarding estimated insurance premium 182
discounts, correlated to the current mitigation features and the 183
recommended mitigation improvements identified by the 184
inspection. 185
(b) An application for an inspection must contain a signed 186
or electronically verified statement made under penalty of 187
perjury by the president of the board of administration that the 188
association has submitted only a single application for each 189
property that the association operates or maintains. 190
(c) An association may apply for and receive an inspection 191
without also applying for a grant under subsection (5). 192
(5) MITIGATION GRANTS. —Financial grants may be used by 193
associations to make improvements recommended in a hurricane 194
mitigation inspection report which increase the condominium's 195
resistance to hurricane damage. 196
(a) An application for a mitigation grant must: 197
1. Contain a signed or electronically verified statement 198
made under penalty of perjury by the president of the board of 199
administration that the association has submitted only a single 200
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application for each property that the association operates or 201
maintains. 202
2. Include a notarized statement from the president of the 203
board of administration containing the name and license number 204
of each contractor the association intends to use for the 205
mitigation project. 206
3. Include a notarized statement from the president o f the 207
board of administration which commits to the department that the 208
association will complete the mitigation improvements. If the 209
grant will be used to improve units, the application must also 210
include an acknowledged statement from each unit owner who i s 211
required to provide approval for a grant under paragraph (2)(b). 212
(b) An association may select its own contractors for the 213
mitigation project as long as each contractor meets all 214
qualification, certification, or licensing requirements in 215
general law. A mitigation project must be performed by a 216
properly licensed contractor who has secured all required local 217
permits necessary for the project. The department must 218
electronically verify that the contractor's state license number 219
is accurate and up to date be fore approving a grant application. 220
(c) An association awarded a grant must complete the 221
entire mitigation project in order to receive the final grant 222
award and must agree to make the property available for a final 223
inspection once the mitigation project is finished to ensure the 224
mitigation improvements are completed in a matter consistent 225
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with the intent of the pilot program and meet or exceed the 226
applicable Florida Building Code requirements. Construction must 227
be completed and the association must submit a request to the 228
department for a final inspection, or request an extension of 229
time, within 1 year after receiving grant approval. If the 230
association fails to comply with this paragraph, the application 231
is deemed abandoned and the grant money reverts back to the 232
department. 233
(d) Grant projects shall be funded as follows: 234
1. All grants must be matched on the basis of $1 provided 235
by the association for $2 provided by the state. 236
2. For roof-related projects, the grant contribution is 237
$11 per square foot multiplied by the square footage of the 238
replacement roof, not to exceed $1,000 per unit, with a maximum 239
grant award of 50 percent of the cost of the project. 240
3. For opening protection -related projects, the grant 241
contribution is a maximum of $750 per repl acement window or 242
door, not to exceed $1,500 per unit, with a maximum grant award 243
of 50 percent of the cost of the project. 244
4. An association may receive grant funds for both roof -245
related and opening protection -related projects, but the maximum 246
total grant award may not exceed $175,000 per association. 247
5. The department may not accept grant applications or 248
maintain a waiting list for grants after the cumulative value of 249
the grants awarded have fully obligated the appropriation, 250
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unless otherwise expressl y authorized by the Legislature. 251
(e) When recommended by a hurricane mitigation inspection 252
report, grants for eligible associations may be used for the 253
following improvements: 254
1. Opening protection, including exterior doors, garage 255
doors, windows, and skylights. 256
2. Reinforcing roof -to-wall connections. 257
3. Improving the strength of roof -deck attachments. 258
4. Secondary water resistance for roof. 259
(f) Grants may be used for a previously inspected existing 260
structure on the property. 261
(g)1. If improvements to protect the property which 262
complied with the current applicable building code at the time 263
have been previously installed, the association must use a 264
mitigation grant to install improvements that do both of the 265
following: 266
a. Comply with or exceed the applicable building code in 267
effect at the time the association applied for the grant. 268
b. Provide more hurricane protection than the improvements 269
that the association previously installed. 270
2. The association may not use a mitigation grant to: 271
a. Install the same type of improvements that were 272
previously installed; or 273
b. Pay a deductible for a pending insurance claim for 274
damage that is part of the property for which grant funds are 275
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being received. 276
(h) The department shall develop a process that ensures 277
the most efficient means to collect and verify inspection and 278
grant applications to determine eligibility. The department may 279
direct hurricane mitigation inspectors to collect and verify 280
inspection and grant application information or use the Inte rnet 281
or other electronic means to collect information and determine 282
eligibility. 283
(6) CONTRACT MANAGEMENT. — 284
(a) The department may contract with third parties for 285
grants management, inspection services, contractor services, 286
information technology, educa tional outreach, and auditing 287
services. Such contracts are considered direct costs of the 288
pilot program and are not subject to administrative cost limits. 289
The department shall contract with providers that have a 290
demonstrated record of successful business o perations in areas 291
directly related to the services to be provided and shall ensure 292
the highest accountability for use of state funds, consistent 293
with this section. 294
(b) The department shall implement a quality assurance and 295
reinspection program that dete rmines whether initial inspections 296
and mitigation improvements are completed in a manner consistent 297
with the intent of the pilot program. The department may use a 298
valid random sampling in order to perform the quality assurance 299
portion of the pilot program. 300
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(7) REPORTS.—By February 1 of each year, the department 301
shall submit a report to the President of the Senate and the 302
Speaker of the House of Representatives on the activities of the 303
pilot program and the use of state funds. The report must 304
include all of the following information: 305
(a) The number of inspections requested. 306
(b) The number of inspections performed. 307
(c) The number of grant applications received. 308
(d) The number of grants approved and the monetary value 309
of each grant. 310
(e) The estimated average annual amount of insurance 311
premium discounts each association received and the total 312
estimated annual amount of insurance premium discounts received 313
by all associations participating in the pilot program. 314
(f) The estimated aver age annual amount of insurance 315
premium discounts each unit owner received as a result of the 316
improvements to the building or structure. 317
(8) REQUESTS FOR INFORMATION. —The department may request 318
that an applicant provide additional information. An applicat ion 319
is deemed withdrawn by the applicant if the department does not 320
receive a response to its request for additional information 321
within 60 days after it notifies the applicant of any apparent 322
errors or omissions in the application. 323
(9) RULES.—The department shall adopt rules pursuant to 324
ss. 120.536(1) and 120.54 to implement this section; to govern 325
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the program; to govern hurricane mitigation inspections and 326
grants, mitigation contractors, and training of inspectors and 327
contractors; and to carry out the du ties of the department under 328
this section. 329
Section 2. This act shall take effect July 1, 2024. 330