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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 My Safe 5
Florida Home Program; specifying requirements for a 6
hurricane mitigation inspection application; 7
authorizing an applicant to submit a subsequent 8
hurricane mitigation inspection application under 9
certain conditions; authorizing applicants who meet 10
specified requirements to receive a home inspection 11
under the program without being eligible for, or 12
applying for, a grant; specifying eligibility 13
requirements for hurricane mitigation grants; revising 14
application requirements for hurricane mitigation 15
grants; authorizing an applicant to submit a 16
subsequent hurricane mi tigation grant application 17
under certain conditions; requiring that a grant 18
application include certain information; deleting and 19
revising provisions relating to the selection of 20
hurricane mitigation inspectors and contractors; 21
deleting the requirement tha t matching fund grants be 22
made available to certain entities; revising 23
improvements that grants for eligible homes may be 24
used for; deleting the authorization to use grants on 25
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rebuilds; requiring the Department of Financial 26
Services to develop a process th at ensures the most 27
efficient means to collect and verify inspection 28
applications; requiring the department to prioritize 29
the review and approval of inspection and grant 30
applications in a specified order; requiring the 31
department to start accepting inspect ion and grant 32
applications as specified in the act; requiring 33
homeowners to finalize construction and make certain 34
requests within a specified time; providing that an 35
application is deemed abandoned under certain 36
circumstances; authorizing the department t o request 37
certain information; providing that an application is 38
considered withdrawn under certain circumstances; 39
revising provisions relating to the development of 40
brochures; requiring the Citizens Property Insurance 41
Corporation to distribute such brochur es to specified 42
persons; providing appropriations; requiring funds to 43
be used for certain costs; prohibiting the department 44
from taking certain actions; providing an effective 45
date. 46
47
Be It Enacted by the Legislature of the State of Florida: 48
49
Section 1. Section 215.5586, Florida Statutes, as amended 50
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by section 5 of chapter 2023 -349, Laws of Florida, is amended to 51
read: 52
215.5586 My Safe Florida Home Program. —There is 53
established within the Department of Financial Services the My 54
Safe Florida Home Pr ogram. The department shall provide fiscal 55
accountability, contract management, and strategic leadership 56
for the program, consistent with this section. This section does 57
not create an entitlement for property owners or obligate the 58
state in any way to fund the inspection or retrofitting of 59
residential property in this state. Implementation of this 60
program is subject to annual legislative appropriations. It is 61
the intent of the Legislature that, subject to the availability 62
of funds, the My Safe Florida Home Program provide licensed 63
inspectors to perform hurricane mitigation inspections of 64
eligible homes for owners of site-built, single-family, 65
residential properties and grants to fund hurricane mitigation 66
projects on those homes eligible applicants. The department 67
shall implement the program in such a manner that the total 68
amount of funding requested by accepted applications, whether 69
for inspections, grants, or other services or assistance, does 70
not exceed the total amount of available funds. If, after 71
applications are processed and approved, funds remain available, 72
the department may accept applications up to the available 73
amount. The program shall develop and implement a comprehensive 74
and coordinated approach for hurricane damage mitigation 75
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pursuant to that may include the requirements provided in this 76
section. following: 77
(1) HURRICANE MITIGATION INSPECTIONS. — 78
(a) To be eligible for a hurricane mitigation inspection 79
under the program: 80
1. A home must be a single -family, detached residential 81
property or a townhouse as defined in s. 481.203; 82
2. A home must be site -built and owner-occupied; and 83
3. The homeowner must have been granted a homestead 84
exemption on the home under chapter 196. 85
(b)1. An application for a hurricane mitigation inspection 86
must contain a signed or electronically verified statement made 87
under penalty of perjury that the applicant has submitted only 88
one inspection application on the home or that the application 89
is allowed under subparagraph 2., and the application must have 90
documents attached which demonstrate that the applicant meets 91
the requirements of paragraph (a). 92
2. An applicant may submit a subsequent hurricane 93
mitigation inspection application for the same home only if: 94
a. The original hurricane mitigation inspection 95
application has been denied or withdrawn because of errors or 96
omissions in the application; 97
b. The original hurricane mitigation inspection 98
application was denied or withdrawn because the home did not 99
meet the eligibility criteria for an inspection at the time of 100
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the previous application, and the homeowner reasonably believes 101
the home now is eligible for an inspection; or 102
c. The program's eligibility requirements for an 103
inspection have changed since the original application date, and 104
the applicant reasonably b elieves the home is eligible under the 105
new requirements. 106
(c) An applicant meeting the requirements of paragraph (a) 107
may receive an inspection of a home under the program without 108
being eligible for a grant under subsection (2) or applying for 109
such grant. 110
(d) Licensed inspectors are to provide home inspections of 111
eligible homes site-built, single-family, residential properties 112
for which a homestead exemption has been granted, to determine 113
what mitigation measures are needed, what insurance premium 114
discounts may be available, and what improvements to existing 115
residential properties are needed to reduce the property's 116
vulnerability to hurricane damage. An inspector may inspect a 117
townhouse as defined in s. 481.203 to determine if opening 118
protection mitigation as listed in subparagraph (2)(e)1. 119
paragraph (2)(e) would provide improvements to mitigate 120
hurricane damage. 121
(e)(b) The department of Financial Services shall contract 122
with wind certification entities to provide hurricane mitigation 123
inspections. The ins pections provided to homeowners, at a 124
minimum, must include: 125
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1. A home inspection and report that summarizes the 126
results and identifies recommended improvements a homeowner may 127
take to mitigate hurricane damage. 128
2. A range of cost estimates regarding t he recommended 129
mitigation improvements. 130
3. Information regarding estimated premium discounts, 131
correlated to the current mitigation features and the 132
recommended mitigation improvements identified by the 133
inspection. 134
(f)(c) To qualify for selection by the department as a 135
wind certification entity to provide hurricane mitigation 136
inspections, the entity must, at a minimum, meet the following 137
requirements: 138
1. Use hurricane mitigation inspectors who are licensed or 139
certified as: 140
a. A building inspector und er s. 468.607; 141
b. A general, building, or residential contractor under s. 142
489.111; 143
c. A professional engineer under s. 471.015; 144
d. A professional architect under s. 481.213; or 145
e. A home inspector under s. 468.8314 and who have 146
completed at least 3 hours of hurricane mitigation training 147
approved by the Construction Industry Licensing Board, which 148
training must include hurricane mitigation techniques, 149
compliance with the uniform mitigation verification form, and 150
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completion of a proficiency exam. 151
2. Use hurricane mitigation inspectors who also have 152
undergone drug testing and a background screening. The 153
department may conduct criminal record checks of inspectors used 154
by wind certification entities. Inspectors must submit a set of 155
fingerprints to the d epartment for state and national criminal 156
history checks and must pay the fingerprint processing fee set 157
forth in s. 624.501. The fingerprints must be sent by the 158
department to the Department of Law Enforcement and forwarded to 159
the Federal Bureau of Invest igation for processing. The results 160
must be returned to the department for screening. The 161
fingerprints must be taken by a law enforcement agency, 162
designated examination center, or other department -approved 163
entity. 164
3. Provide a quality assurance program i ncluding a 165
reinspection component. 166
(d) An application for an inspection must contain a signed 167
or electronically verified statement made under penalty of 168
perjury that the applicant has submitted only a single 169
application for that home. 170
(e) The owner of a site-built, single-family, residential 171
property or townhouse as defined in s. 481.203, for which a 172
homestead exemption has been granted, may apply for and receive 173
an inspection without also applying for a grant pursuant to 174
subsection (2) and without meet ing the requirements of paragraph 175
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(2)(a). 176
(2) HURRICANE MITIGATION GRANTS.—Financial grants shall be 177
used by homeowners to make improvements recommended by an 178
inspection which increase resistance encourage single-family, 179
site-built, owner-occupied, residential property owners to 180
retrofit their properties to make them less vulnerable to 181
hurricane damage. 182
(a) For A homeowner is to be eligible for a hurricane 183
mitigation grant if all of, the following criteria are must be 184
met: 185
1. The home must be eligible for an inspection under 186
subsection (1) The homeowner must have been granted a homestead 187
exemption on the home under chapter 196 . 188
2. The home must be a dwelling with an insured value of 189
$700,000 or less. Homeowners who are low -income persons, as 190
defined in s. 420.0004(11), are exempt from this requirement. 191
3. The home must undergo an acceptable hurricane 192
mitigation inspection as provided in subsection (1). 193
4. The building permit application for initial 194
construction of the home must have been made befo re January 1, 195
2008. 196
5. The homeowner must agree to make his or her home 197
available for inspection once a mitigation project is completed. 198
6. The homeowner must agree to provide to the department 199
information received from the homeowner's insurer identify ing 200
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the discounts realized by the homeowner because of the 201
mitigation improvements funded through the program. 202
(b)1. An application for a grant must contain a signed or 203
electronically verified statement made under penalty of perjury 204
that the applicant ha s submitted only one grant a single 205
application or that the application is allowed under 206
subparagraph 2., and the application must have attached 207
documents attached demonstrating that the applicant meets the 208
requirements of this paragraph (a). 209
2. An applicant may submit a subsequent grant application 210
if: 211
a. The original grant application was denied or withdrawn 212
because the application contained errors or omissions; 213
b. The original grant application was denied or withdrawn 214
because the home did not meet the eligibility criteria for a 215
grant at the time of the previous application, and the homeowner 216
reasonably believes that the home now is eligible for a grant; 217
or 218
c. The program's eligibility requirements for a grant have 219
changed since the original applic ation date, and the applicant 220
reasonably believes that he or she is an eligible homeowner 221
under the new requirements. 222
3. A grant application must include a statement from the 223
homeowner which contains the name and state license number of 224
the contractor that the homeowner acknowledges as the intended 225
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contractor for the mitigation work. The program must 226
electronically verif y that the contractor's state license number 227
is accurate and up to date before grant approval. 228
(c)(b) All grants must be matched on the basis of $1 229
provided by the applicant for $2 provided by the state up to a 230
maximum state contribution of $10,000 towar d the actual cost of 231
the mitigation project , except as provided in paragraph (h) . 232
(d)(c) The program shall create a process in which 233
contractors agree to participate and homeowners select from a 234
list of participating contractors. All hurricane mitigation 235
performed under the program must be based upon the securing of 236
all required local permits and inspections and must be performed 237
by properly licensed contractors. Hurricane mitigation 238
inspectors qualifying for the program may also participate as 239
mitigation contractors as long as the inspectors meet the 240
department's qualifications and certification requirements for 241
mitigation contractors. 242
(d) Matching fund grants shall also be made available to 243
local governments and nonprofit entities for projects that wil l 244
reduce hurricane damage to single -family, site-built, owner-245
occupied, residential property. The department shall liberally 246
construe those requirements in favor of availing the state of 247
the opportunity to leverage funding for the My Safe Florida Home 248
Program with other sources of funding. 249
(e) When recommended by a hurricane mitigation inspection, 250
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grants for eligible homes may be used for the following 251
improvements: 252
1. Opening protection , including exterior doors, garage 253
doors, windows, and skylights . 254
2. Exterior doors, including garage doors. 255
3. Reinforcing roof-to-wall connections. 256
3.4. Improving the strength of roof -deck attachments. 257
4.5. Secondary water resistance barrier for roof. 258
(f) When recommended by a hurricane mitigation inspection, 259
grants for townhouses, as defined in s. 481.203, may only be 260
used for opening protection. 261
(g) The department may require that improvements be made 262
to all openings, including exterior doors , and garage doors, 263
windows, and skylights, as a condition of reim bursing a 264
homeowner approved for a grant. The department may adopt, by 265
rule, the maximum grant allowances for any improvement allowable 266
under paragraph (e) or paragraph (f) this paragraph. 267
(g) Grants may be used on a previously inspected existing 268
structure or on a rebuild. A rebuild is defined as a site -built, 269
single-family dwelling under construction to replace a home that 270
was destroyed or significantly damaged by a hurricane and deemed 271
unlivable by a regulatory authority. The homeowner must be a 272
low-income homeowner as defined in paragraph (h), must have had 273
a homestead exemption for that home before the hurricane, and 274
must be intending to rebuild the home as that homeowner's 275
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homestead. 276
(h) Low-income homeowners, as defined in s. 420.0004(11), 277
who otherwise meet the applicable requirements of this 278
subsection paragraphs (a), (c), (e), and (g) are eligible for a 279
grant of up to $10,000 and are not required to provide a 280
matching amount to receive the grant. The program may accept a 281
certification directly from a low-income homeowner that the 282
homeowner meets the requirements of s. 420.0004(11) if the 283
homeowner provides such certification in a signed or 284
electronically verified statement made under penalty of perjury. 285
(i)1. The department shall develop a pro cess that ensures 286
the most efficient means to collect and verify inspection 287
applications and grant applications to determine eligibility . 288
The department and may direct hurricane mitigation inspectors to 289
collect and verify grant application information or u se the 290
Internet or other electronic means to collect information and 291
determine eligibility. 292
2. The department shall prioritize the review and approval 293
of such inspection applications and grant applications in the 294
following order: 295
a. First, applications from low-income persons, as defined 296
in s. 420.0004, who are at least 60 years old; 297
b. Second, applications from all other low -income persons, 298
as defined in s. 420.0004; 299
c. Third, applications from moderate -income persons, as 300
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defined in s. 420.0004, wh o are at least 60 years old; 301
d. Fourth, applications from all other moderate -income 302
persons, as defined in s. 420.0004; and 303
e. Last, all other applications. 304
3. The department shall start accepting inspection 305
applications and grant applications no ear lier than the 306
effective date of a legislative appropriation funding 307
inspections and grants, as follows: 308
a. Initially, from applicants prioritized under sub -309
subparagraph 2.a.; 310
b. From applicants prioritized under sub -subparagraph 311
2.b., beginning 15 days after the program initially starts 312
accepting applications; 313
c. From applicants prioritized under sub -subparagraph 314
2.c., beginning 30 days after the program initially starts 315
accepting applications; 316
d. From applicants described in sub -subparagraph 2.d., 317
beginning 45 days after the program initially starts accepting 318
applications; and 319
e. From all other applicants, beginning 60 days after the 320
program initially starts accepting applications. 321
4. The program may accept a certification directly from a 322
low-income homeowner or moderate -income homeowner who meets the 323
requirements of s. 420.0004(11) or (12), respectively, if the 324
homeowner provides such certification in a signed or 325
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electronically verified statement made under penalty of perjury. 326
(j) A homeowner who receives a grant shall finalize 327
construction and request a final inspection, or request an 328
extension for an additional 6 months, within 1 year after grant 329
approval. If a homeowner fails to comply with this paragraph, 330
his or her application is deemed ab andoned and the grant money 331
reverts to the department. 332
(3) REQUESTS FOR INFORMATION. —The department may request 333
that an applicant provide additional information. An application 334
is deemed withdrawn by the applicant if the department does not 335
receive a response to its request for additional information 336
within 60 days after the notification of any apparent error or 337
omission. 338
(4) EDUCATION, CONSUMER AWARENESS, AND OUTREACH. — 339
(a) The department may undertake a statewide multimedia 340
public outreach and ad vertising campaign to inform consumers of 341
the availability and benefits of hurricane inspections and of 342
the safety and financial benefits of residential hurricane 343
damage mitigation. The department may seek out and use local, 344
state, federal, and private fun ds to support the campaign. 345
(b) The program may develop brochures for distribution to 346
Citizens Property Insurance Corporation and other licensed 347
entities or nonprofits that work with the department to educate 348
the public on the benefits of the program , general contractors, 349
roofing contractors, and real estate brokers and sales 350
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associates who are licensed under part I of chapter 475 which 351
provide information on the benefits to homeowners of residential 352
hurricane damage mitigation . Citizens Property Insuranc e 353
Corporation must is encouraged to distribute the brochure to 354
policyholders of the corporation each year the program is 355
funded. Contractors are encouraged to distribute the brochures 356
to homeowners at the first meeting with a homeowner who is 357
considering contracting for home or roof repair or contracting 358
for the construction of a new home. Real estate brokers and 359
sales associates are encouraged to distribute the brochure to 360
clients before the purchase of a home. The brochures may be made 361
available electronically. 362
(5)(4) FUNDING.—The department may seek out and leverage 363
local, state, federal, or private funds to enhance the financial 364
resources of the program. 365
(6)(5) RULES.—The department of Financial Services shall 366
adopt rules pursuant to ss. 120.536(1) a nd 120.54 to govern the 367
program; implement the provisions of this section; including 368
rules governing hurricane mitigation inspections and grants, 369
mitigation contractors, and training of inspectors and 370
contractors; and carry out the duties of the department under 371
this section. 372
(7)(6) HURRICANE MITIGATION INSPECTOR LIST. —The department 373
shall develop and maintain as a public record a current list of 374
hurricane mitigation inspectors authorized to conduct hurricane 375
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mitigation inspections pursuant to this sectio n. 376
(8)(7) CONTRACT MANAGEMENT. — 377
(a) The department may contract with third parties for 378
grants management, inspection services, contractor services for 379
low-income homeowners, information technology, educational 380
outreach, and auditing services. Such cont racts are considered 381
direct costs of the program and are not subject to 382
administrative cost limits. The department shall contract with 383
providers that have a demonstrated record of successful business 384
operations in areas directly related to the services to be 385
provided and shall ensure the highest accountability for use of 386
state funds, consistent with this section. 387
(b) The department shall implement a quality assurance and 388
reinspection program that determines whether initial inspections 389
and home improvement s are completed in a manner consistent with 390
the intent of the program. The department may use valid random 391
sampling in order to perform the quality assurance portion of 392
the program. 393
(9)(8) INTENT.—It is the intent of the Legislature that 394
grants made to residential property owners under this section 395
shall be considered disaster -relief assistance within the 396
meaning of s. 139 of the Internal Revenue Code of 1986, as 397
amended. 398
(10)(9) REPORTS.—The department shall make an annual 399
report on the activities of t he program that shall account for 400
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the use of state funds and indicate the number of inspections 401
requested, the number of inspections performed, the number of 402
grant applications received, the number and value of grants 403
approved, and the estimated average an nual amount of insurance 404
premium discounts and total estimated annual amount of insurance 405
premium discounts homeowners received from insurers as a result 406
of mitigation funded through the program. The report must be 407
delivered to the President of the Senate and the Speaker of the 408
House of Representatives by February 1 of each year. 409
Section 2. For the 2024-2025 fiscal year, the sum of $225 410
million in nonrecurring funds is appropriated from the General 411
Revenue Fund to the Department of Financial Services fo r the My 412
Safe Florida Home Program. The funds shall be utilized for 413
hurricane mitigation grants, hurricane mitigation inspections, 414
and outreach and administrative costs. The department may not 415
continue to accept applications or create a waiting list in 416
anticipation of additional funding unless the Legislature 417
provides expressed authority to implement such actions. 418
Section 3. This act shall take effect July 1, 2024. 419