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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
A bill to be entitled 1
An act relating to the My Safe Florida Home Program; 2
amending s. 215.5586, F.S.; revising legislative 3
intent; specifying eligibility requirements for 4
hurricane mitigation inspections under the program; 5
specifying requirements for a hurricane mitigation 6
inspection application; authorizing an applicant to 7
submit a subsequent hurricane mitigation inspection 8
application under certain conditions; authorizing the 9
Department of Financial Services to request certain 10
information; providing that an application is 11
considered withdrawn under certain circumstances; 12
authorizing an applicant to receive a home inspection 13
under the program without being eligible for a gr ant 14
or applying for a grant; specifying eligibility 15
requirements for hurricane mitigation grants; revising 16
application requirements for hurricane mitigation 17
grants; authorizing an applicant to submit a 18
subsequent hurricane mitigation grant application 19
under certain conditions; authorizing the department 20
to request certain information; providing that an 21
application is considered withdrawn under certain 22
circumstances; deleting and revising provisions 23
relating to the selection of hurricane mitigation 24
inspectors and contractors; authorizing, rather than 25
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requiring, matching fund grants to be made available 26
to certain entities; revising the improvements for 27
which grants may be used; requiring the department to 28
develop a process that ensures the most efficient 29
means to collect and verify inspection applications; 30
requiring the department, for a specified timeframe, 31
to prioritize applications in a specified order; 32
revising provisions regarding the development of 33
brochures; requiring the Citizens Property Insurance 34
Corporation to distribute such brochures to specified 35
persons; providing appropriations; providing an 36
effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. Section 215.5586, Florida Statutes, as amended 41
by section 5 of chapter 2023-349, Laws of Florida, is amended to 42
read: 43
215.5586 My Safe Florida Home Program. —There is 44
established within the Department of Financial Services the My 45
Safe Florida Home Program. The department shall provide fiscal 46
accountability, contra ct management, and strategic leadership 47
for the program, consistent with this section. This section does 48
not create an entitlement for property owners or obligate the 49
state in any way to fund the inspection or retrofitting of 50
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residential property in this s tate. Implementation of this 51
program is subject to annual legislative appropriations. It is 52
the intent of the Legislature that, subject to the availability 53
of funds, the My Safe Florida Home Program provide licensed 54
inspectors to perform hurricane mitigation inspections of 55
eligible homes for owners of site-built, single-family, 56
residential properties and grants to eligible fund hurricane 57
mitigation projects on those homes applicants. The department 58
shall implement the program in such a manner that the total 59
amount of funding requested by accepted applications, whether 60
for inspections, grants, or other services or assistance, does 61
not exceed the total amount of available funds. If, after 62
applications are processed and approved, funds remain available, 63
the department may accept applications up to the available 64
amount. The program shall develop and implement a comprehensive 65
and coordinated approach for hurricane damage mitigation 66
pursuant to that may include the following requirements provided 67
in this section.: 68
(1) HURRICANE MITIGATION INSPECTIONS. — 69
(a) To be eligible for an inspection under the program: 70
1. A home must be a single -family, site-built, detached 71
residential property or a townhouse as defined in s. 481.203; 72
and 73
2. The homeowner must have been granted a homestead 74
exemption on the home under chapter 196. 75
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(b)1. An application for an inspection must contain a 76
signed or electronically verified statement made under penalty 77
of perjury that the applicant has submitted only one inspection 78
application on the home or that the application is allowed under 79
subparagraph 2., and must have documents attached to the 80
application which demonstrate that the applicant meets the 81
requirements of paragraph (a). 82
2. An applicant may submit a subsequent hurricane 83
mitigation inspection application for the same home only if: 84
a. The original hurricane mitigation inspection 85
application has been denied or withdrawn because of errors or 86
omissions in the application; 87
b. The original hurricane mitigation inspection 88
application was denied or withdrawn because the home did not 89
meet the eligibility criteria for an inspection at the time of 90
the previous application, and the homeowner reasonably believes 91
the home now is eligible for an inspection; or 92
c. The program's eligibil ity requirements for an 93
inspection have changed since the original application date, and 94
the applicant reasonably believes the home is eligible under the 95
new requirements. 96
3. The department may request that the applicant provide 97
additional information if the application contains apparent 98
errors or omissions. An application is considered withdrawn by 99
the applicant if the department does not receive a response to 100
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its request for additional information within 60 days after the 101
department notifies the applica nt of any apparent errors or 102
omissions. 103
(c) An applicant meeting the requirements of this 104
subsection may receive an inspection of a home under the program 105
without being eligible for a grant under subsection (2) or 106
applying for such grant. 107
(d) Licensed inspectors are to provide home inspections of 108
homes meeting the requirements of this subsection site-built, 109
single-family, residential properties for which a homestead 110
exemption has been granted, to determine what mitigation 111
measures are needed, what insurance premium discounts may be 112
available, and what improvements to existing residential 113
properties are needed to reduce the property's vulnerability to 114
hurricane damage. An inspector may inspect a townhouse as 115
defined in s. 481.203 to determine i f opening protection 116
mitigation as listed in subparagraph (2)(f)1. paragraph (2)(e) 117
would provide improvements to mitigate hurricane damage. 118
(e)(b) The department of Financial Services shall contract 119
with wind certification entities to provide hurricane mitigation 120
inspections. The inspections provided to homeowners, at a 121
minimum, must include: 122
1. A home inspection and report that summarizes the 123
results and identifies recommended improvements a homeowner may 124
take to mitigate hurricane damage. 125
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2. A range of cost estimates regarding the recommended 126
mitigation improvements. 127
3. Information regarding estimated premium discounts, 128
correlated to the current mitigation features and the 129
recommended mitigation improvements identified by the 130
inspection. 131
(f)(c) To qualify for selection by the department as a 132
wind certification entity to provide hurricane mitigation 133
inspections, the entity must, at a minimum, meet the following 134
requirements: 135
1. Use hurricane mitigation inspectors who are licensed or 136
certified as: 137
a. A building inspector under s. 468.607; 138
b. A general, building, or residential contractor under s. 139
489.111; 140
c. A professional engineer under s. 471.015; 141
d. A professional architect under s. 481.213; or 142
e. A home inspector under s. 468.8314 an d who have 143
completed at least 3 hours of hurricane mitigation training 144
approved by the Construction Industry Licensing Board, which 145
training must include hurricane mitigation techniques, 146
compliance with the uniform mitigation verification form, and 147
completion of a proficiency exam. 148
2. Use hurricane mitigation inspectors who also have 149
undergone drug testing and a background screening. The 150
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department may conduct criminal record checks of inspectors used 151
by wind certification entities. Inspectors must submit a set of 152
fingerprints to the department for state and national criminal 153
history checks and must pay the fingerprint processing fee set 154
forth in s. 624.501. The fingerprints must be sent by the 155
department to the Department of Law Enforcement and forwarded to 156
the Federal Bureau of Investigation for processing. The results 157
must be returned to the department for screening. The 158
fingerprints must be taken by a law enforcement agency, 159
designated examination center, or other department -approved 160
entity. 161
3. Provide a quality assurance program including a 162
reinspection component. 163
(d) An application for an inspection must contain a signed 164
or electronically verified statement made under penalty of 165
perjury that the applicant has submitted only a single 166
application for that home. 167
(e) The owner of a site -built, single-family, residential 168
property or townhouse as defined in s. 481.203, for which a 169
homestead exemption has been granted, may apply for and receive 170
an inspection without also applying for a grant pursuant to 171
subsection (2) and without meeting the requirements of paragraph 172
(2)(a). 173
(2) HURRICANE MITIGATION GRANTS.—Financial grants shall be 174
used by homeowners to encourage single-family, site-built, 175
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owner-occupied, residential property owners to make improvements 176
recommended by an inspection which increase resistance retrofit 177
their properties to make them less vulnerable to hurricane 178
damage. 179
(a) For A homeowner is to be eligible for a hurricane 180
mitigation grant if all of, the following criteria are must be 181
met: 182
1. The home must be eligible for an inspection under 183
subsection (1) The homeowner must have been granted a homestead 184
exemption on the home under chapter 196 . 185
2. The home must be a dwelling with an insured value of 186
$700,000 or less. Homeowners who are low-income persons, as 187
defined in s. 420.0004(11), are exempt from this requirement. 188
3. The home must undergo an acceptable hurricane 189
mitigation inspection as provided in subsection (1). 190
4. The building permit application for initial 191
construction of the home must have been made before January 1, 192
2008. 193
5. The homeowner must agree to make his or her home 194
available for inspection once a mitigation project is completed. 195
6. The homeowner must agree to provide to the department 196
information received from t he homeowner's insurer identifying 197
the discounts realized by the homeowner because of the 198
mitigation improvements funded through the program. 199
(b)1. An application for a grant must contain a signed or 200
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electronically verified statement made under penalty o f perjury 201
that the applicant has submitted only one grant a single 202
application or that the application is allowed under 203
subparagraph 2., and must have attached documents attached 204
demonstrating the applicant meets the requirements of this 205
paragraph (a). 206
2. An applicant may submit a subsequent grant application 207
if: 208
a. The original grant application was denied or withdrawn 209
because the application contained errors or omissions; 210
b. The original grant application was denied or withdrawn 211
because the home did not meet the eligibility criteria for a 212
grant at the time of the previous application, and the homeowner 213
reasonably believes that the home now is eligible for a grant; 214
or 215
c. The program's eligibility requirements for a grant have 216
changed since the original application date, and the applicant 217
reasonably believes that he or she is an eligible homeowner 218
under the new requirements. 219
3. The department may request that the applicant provide 220
additional information if the application cont ains apparent 221
errors or omissions. An application is considered withdrawn by 222
the applicant if the department does not receive a response to 223
its request for additional information within 60 days after the 224
department notifies the applicant of any apparent er rors or 225
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omissions. 226
(c)(b) All grants must be matched on the basis of $1 227
provided by the applicant for $2 provided by the state up to a 228
maximum state contribution of $10,000 toward the actual cost of 229
the mitigation project , except as provided in paragraph (j). 230
(d)(c) The program shall create a process in which 231
contractors agree to participate and homeowners select from a 232
list of participating contractors. All hurricane mitigation 233
performed under the program must be based upon the securing of 234
all required local permits and inspections and must be performed 235
by properly licensed contractors. Hurricane mitigation 236
inspectors qualifying for the program may also participate as 237
mitigation contractors as long as the inspectors meet the 238
department's qualifications and certification requirements for 239
mitigation contractors. 240
(e)(d) Matching fund grants may shall also be made 241
available to local governments and nonprofit entities for 242
projects that will reduce hurricane damage to eligible homes 243
single-family, site-built, owner-occupied, residential property . 244
The department shall liberally construe those requirements in 245
favor of availing the state of the opportunity to leverage 246
funding for the My Safe Florida Home Program with other sources 247
of funding. 248
(f)(e) When recommended by a hurricane mitigation 249
inspection, grants for eligible homes may be used for the 250
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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
following improvements: 251
1. Opening protection , including exterior doors, garage 252
doors, windows, and skylights . 253
2. Exterior doors, including garage doors. 254
3. Reinforcing roof-to-wall connections. 255
3.4. Improving the strength of roof -deck attachments. 256
4.5. Secondary water resistance barrier for roof. 257
(g)(f) When recommended by a hurricane mitigation 258
inspection, grants for townhouses, as defined in s. 481.203, may 259
only be used for opening protection. 260
(h) The department may require that improvements be made 261
to all openings, including exterior doors , and garage doors, 262
windows, and skylights, as a condition of reimbursing a 263
homeowner approved for a grant. The department may adopt, by 264
rule, the maximum grant allowances for any improvement allowable 265
under paragraph (f) or paragraph (g) (e) or this paragraph . 266
(i)(g) Grants may be used on a previously inspected 267
existing structure or on a rebuild. A rebuild is defined as a 268
site-built, single-family dwelling under construction to replace 269
a home that was destroyed or significantly damaged by a 270
hurricane and deemed unlivable by a regulatory authority. The 271
homeowner must be a low -income homeowner as defined in paragraph 272
(j) (h), must have had a homestead exemption for that home 273
before the hurricane, and must be intending to rebuild the home 274
as that homeowner's homestead. 275
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(j)(h) Low-income homeowners, as defined in s. 276
420.0004(11), who otherwise meet the applicable requirements of 277
this subsection paragraphs (a), (c), (e), and (g) are eligible 278
for a grant of up to $10,000 and are not required to provide a 279
matching amount to receive the grant. The program may accept a 280
certification directly from a low-income homeowner that the 281
homeowner meets the requirements of s. 420.0004(11) if the 282
homeowner provides such certification in a signed or 283
electronically verified statement made under penalty of perjury. 284
(k)1.(i) The department shall devel op a process that 285
ensures the most efficient means to collect and verify 286
inspection applications and grant applications to determine 287
eligibility. The department and may direct hurricane mitigation 288
inspectors to collect and verify grant application informat ion 289
or use the Internet or other electronic means to collect 290
information and determine eligibility. 291
2. The department, for the first 60 days it accepts 292
inspection applications and grant applications after any 293
legislative appropriation funding inspections and grants, must 294
prioritize the review and approval of such applications in the 295
following order: 296
a. First, applications from low -income persons, as defined 297
in s. 420.0004, who are at least 60 years old; 298
b. Second, applications from all other low -income persons, 299
as defined in s. 420.0004; 300
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c. Third, applications from moderate -income persons, as 301
defined in s. 420.0004, who are at least 60 years old; 302
d. Fourth, applications from all other moderate -income 303
persons, as defined in s. 420.0004; and 304
e. Last, all other applications. 305
3. The program may accept a certification directly from a 306
low-income homeowner or moderate -income homeowner who meets the 307
requirements of s. 420.0004(11) or s. 420.0004(12) if the 308
homeowner provides such certification in a sign ed or 309
electronically verified statement made under penalty of perjury. 310
(3) EDUCATION, CONSUMER AWARENESS, AND OUTREACH. — 311
(a) The department may undertake a statewide multimedia 312
public outreach and advertising campaign to inform consumers of 313
the availability and benefits of hurricane inspections and of 314
the safety and financial benefits of residential hurricane 315
damage mitigation. The department may seek out and use local, 316
state, federal, and private funds to support the campaign. 317
(b) The program may dev elop brochures for distribution to 318
Citizens Property Insurance Corporation and other licensed 319
entities or nonprofits that work with the department to educate 320
the public on the benefits of the program , general contractors, 321
roofing contractors, and real esta te brokers and sales 322
associates who are licensed under part I of chapter 475 which 323
provide information on the benefits to homeowners of residential 324
hurricane damage mitigation . Citizens Property Insurance 325
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Corporation must is encouraged to distribute the brochure to 326
policyholders of the corporation each year the program is 327
funded. Contractors are encouraged to distribute the brochures 328
to homeowners at the first meeting with a homeowner who is 329
considering contracting for home or roof repair or contracting 330
for the construction of a new home. Real estate brokers and 331
sales associates are encouraged to distribute the brochure to 332
clients before the purchase of a home. The brochures may be made 333
available electronically. 334
(4) FUNDING.—The department may seek out and leverage 335
local, state, federal, or private funds to enhance the financial 336
resources of the program. 337
(5) RULES.—The department of Financial Services shall 338
adopt rules pursuant to ss. 120.536(1) and 120.54 to govern the 339
program; implement the provisions o f this section; including 340
rules governing hurricane mitigation inspections and grants, 341
mitigation contractors, and training of inspectors and 342
contractors; and carry out the duties of the department under 343
this section. 344
(6) HURRICANE MITIGATION INSPECTOR L IST.—The department 345
shall develop and maintain as a public record a current list of 346
hurricane mitigation inspectors authorized to conduct hurricane 347
mitigation inspections pursuant to this section. 348
(7) CONTRACT MANAGEMENT. — 349
(a) The department may contract with third parties for 350
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grants management, inspection services, contractor services for 351
low-income homeowners, information technology, educational 352
outreach, and auditing services. Such contracts are considered 353
direct costs of the program and are not subject to 354
administrative cost limits. The department shall contract with 355
providers that have a demonstrated record of successful business 356
operations in areas directly related to the services to be 357
provided and shall ensure the hi ghest accountability for use of 358
state funds, consistent with this section. 359
(b) The department shall implement a quality assurance and 360
reinspection program that determines whether initial inspections 361
and home improvements are completed in a manner consist ent with 362
the intent of the program. The department may use valid random 363
sampling in order to perform the quality assurance portion of 364
the program. 365
(8) INTENT.—It is the intent of the Legislature that 366
grants made to residential property owners under this section 367
shall be considered disaster -relief assistance within the 368
meaning of s. 139 of the Internal Revenue Code of 1986, as 369
amended. 370
(9) REPORTS.—The department shall make an annual report on 371
the activities of the program that shall account for the use of 372
state funds and indicate the number of inspections requested, 373
the number of inspections performed, the number of grant 374
applications received, the number and value of grants approved, 375
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and the estimated average annual amount of insurance premium 376
discounts and total estimated annual amount of insurance premium 377
discounts homeowners received from insurers as a result of 378
mitigation funded through the program. The report must be 379
delivered to the President of the Senate and the Speaker of the 380
House of Representatives by February 1 of each year. 381
Section 2. (1) For the 2024-2025 fiscal year, the sum of 382
$100 million in nonrecurring funds is appropriated from the 383
General Revenue Fund to the Department of Financial Services to 384
provide mitigation grants pursuant t o s. 215.5586(2), Florida 385
Statutes, under the My Safe Florida Home Program. The department 386
may not continue to accept applications or to create a waiting 387
list in anticipation of additional funding unless the 388
Legislature provides express authority to implem ent such 389
actions. 390
(2) For the 2024-2025 fiscal year, the sum of $7 million 391
in nonrecurring funds is appropriated from the General Revenue 392
Fund to the Department of Financial Services for administrative 393
costs related to implementation of mitigation grants pursuant to 394
s. 215.5586(2), Florida Statutes, under the My Safe Florida Home 395
Program. 396
Section 3. This act shall take effect July 1, 2024. 397