Florida 2025 Regular Session

Florida House Bill H1459 Compare Versions

Only one version of the bill is available at this time.

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10	10	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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14	14	A bill to be entitled 1
15	15	An act relating to the My Safe Florida Home Program; 2
16	16	amending s. 215.5586, F.S.; revising provisions of the 3
17	17	My Safe Florida Home Program to include wind and flood 4
18	18	mitigation inspections, projects, and grants and to 5
19	19	remove hurricane mitigation inspections, projects, and 6
20	20	grants; providing requirements for eligibility and 7
21	21	application for wind or flood mitigation inspections; 8
22	22	requiring the Department of Financial Services to 9
23	23	contract with flood certification entities to provide 10
24	24	mitigation inspections; providing requirements for 11
25	25	wind or flood mitigation inspections; providing 12
26	26	requirements for wind and flood certification entities 13
27	27	to qualify for selection by the department; revising 14
28	28	the purpose of the program mitigation grants; 15
29	29	providing requirements for wind or f lood mitigation 16
30	30	grants; revising the maximum state contribution and 17
31	31	providing details for the maximum state contribution 18
32	32	to the mitigation grants; providing uses for wind 19
33	33	mitigation grants and flood mitigation grants; 20
34	34	revising uses for grants for townhouse s; providing 21
35	35	uses for grants for condominium units; providing a 22
36	36	list of priorities for the department review and 23
37	37	approval of inspection and grant applications; 24
38	38	defining the term "substantial damage"; authorizing 25
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47	47	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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49	49
50	50
51	51	education and outreach campaigns on wind and flood 26
52	52	inspections and damage mitigation; providing 27
53	53	rulemaking authority; revising the department 28
54	54	inspector list to include wind and flood mitigation 29
55	55	inspectors; providing appropriations; providing an 30
56	56	effective date. 31
57	57	32
58	58	Be It Enacted by the Legislature o f the State of Florida: 33
59	59	34
60	60	Section 1. Section 215.5586, Florida Statutes, is amended 35
61	61	to read: 36
62	62	215.5586 My Safe Florida Home Program. —There is 37
63	63	established within the Department of Financial Services the My 38
64	64	Safe Florida Home Program. The department shall provide fiscal 39
65	65	accountability, contract management, and strategic leadership 40
66	66	for the program, consistent with this section. This section does 41
67	67	not create an entitlement for property owners or obligate the 42
68	68	state in any way to fund the inspection or retrofit ting of 43
69	69	residential property in this state. Implementation of this 44
70	70	program is subject to annual legislative appropriations. It is 45
71	71	the intent of the Legislature that, subject to the availability 46
72	72	of funds, the My Safe Florida Home Program provide licensed 47
73	73	inspectors to perform wind or flood hurricane mitigation 48
74	74	inspections of eligible homes and grants to fund wind and flood 49
75	75	hurricane mitigation projects on those homes. The department 50
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84	84	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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88	88	shall implement the program in such a manner that the total 51
89	89	amount of funding requested by accepted applications, whether 52
90	90	for inspections, grants, or other services or assistance, does 53
91	91	not exceed the total amount of available funds. If, after 54
92	92	applications are processed and approved, funds remain available, 55
93	93	the department may accep t applications up to the available 56
94	94	amount. The program shall develop and implement a comprehensive 57
95	95	and coordinated approach for wind and flood hurricane damage 58
96	96	mitigation pursuant to the requirements provided in this 59
97	97	section. 60
98	98	(1) WIND AND FLOOD HURRICANE MITIGATION INSPECTIONS. — 61
99	99	(a) To be eligible for a wind or flood hurricane 62
100	100	mitigation inspection under the program: 63
101	101	1. A home must be a single -family, detached residential 64
102	102	property or a townhouse as defined in s. 481.203; 65
103	103	2. A home must be site -built and owner-occupied; and 66
104	104	3. The homeowner must have been granted a homestead 67
105	105	exemption on the home under chapter 196. 68
106	106	(b)1. An application for a wind or flood hurricane 69
107	107	mitigation inspection must contain a signed or electronically 70
108	108	verified statement ma de under penalty of perjury that the 71
109	109	applicant has submitted only one inspection application on the 72
110	110	home or that the application is allowed under subparagraph 2., 73
111	111	and the application must have documents attached which 74
112	112	demonstrate that the applicant meets t he requirements of 75
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121	121	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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125	125	paragraph (a). 76
126	126	2. An applicant may submit a subsequent wind or flood 77
127	127	hurricane mitigation inspection application for the same home 78
128	128	only if: 79
129	129	a. The original wind or flood hurricane mitigation 80
130	130	inspection application has been denied or withdrawn because of 81
131	131	errors or omissions in the application; 82
132	132	b. The original wind or flood hurricane mitigation 83
133	133	inspection application was denied or withdrawn because the home 84
134	134	did not meet the eligibility criteria for an inspection at the 85
135	135	time of the previous application, and the homeowner reasonably 86
136	136	believes the home now is eligible for an inspection; or 87
137	137	c. The program's eligibility requirements for an 88
138	138	inspection have changed since the original application date, and 89
139	139	the applicant reasonably believes th e home is eligible under the 90
140	140	new requirements. 91
141	141	(c) An applicant meeting the requirements of paragraph (a) 92
142	142	may receive an inspection of a home under the program without 93
143	143	being eligible for a grant under subsection (2) or applying for 94
144	144	such grant. 95
145	145	(d) Licensed inspectors are to provide home inspections of 96
146	146	eligible homes to determine what mitigation measures are needed, 97
147	147	what insurance premium discounts may be available, and what 98
148	148	improvements to existing residential properties are needed to 99
149	149	reduce the property's vulnerability to extreme wind or flood 100
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158	158	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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160	160
161	161
162	162	hurricane damage. An inspector may inspect a townhouse as 101
163	163	defined in s. 481.203 to determine if opening protection 102
164	164	mitigation as listed in subparagraph (2)(e)1. would provide 103
165	165	improvements to mitigate wind or flood hurricane damage. 104
166	166	(e) The department shall contract with wind and flood 105
167	167	certification entities to provide wind or flood hurricane 106
168	168	mitigation inspections. The inspections provided to homeowners, 107
169	169	at a minimum, must include: 108
170	170	1. A home inspection and report that summarizes the 109
171	171	results and identifies recommended improvements a h omeowner may 110
172	172	take to mitigate wind or flood hurricane damage. 111
173	173	2. A range of cost estimates regarding the recommended 112
174	174	mitigation improvements. 113
175	175	3. Information regarding estimated premium discounts, 114
176	176	correlated to the current mitigation features and the 115
177	177	recommended mitigation improvements identified by the 116
178	178	inspection. 117
179	179	(f) To qualify for selection by the department as a wind 118
180	180	or flood certification entity to provide wind or flood hurricane 119
181	181	mitigation inspections, the entity must, at a minimum, meet the 120
182	182	following requirements: 121
183	183	1. Use wind or flood hurricane mitigation inspectors who 122
184	184	are licensed or certified as: 123
185	185	a. A building inspector under s. 468.607; 124
186	186	b. A general, building, or residential contractor under s. 125
187	187
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195	195	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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199	199	489.111; 126
200	200	c. A professional engineer under s. 471.015; 127
201	201	d. A professional architect under s. 481.213; or 128
202	202	e.(I) For wind certification entities, a home inspector 129
203	203	under s. 468.8314 and who has have completed at least 3 hours of 130
204	204	wind hurricane mitigation training approved by the Construction 131
205	205	Industry Licensing Board, which training must include , at a 132
206	206	minimum, wind hurricane mitigation techniques, such as proper 133
207	207	hurricane strap installation and building code requirements for 134
208	208	secondary water barriers and s econdary water resistance; 135
209	209	compliance with the uniform mitigation verification form ;, and 136
210	210	completion of a proficiency exam ; or. 137
211	211	(II) For flood certification entities, a home inspector 138
212	212	under s. 468.8314 who has completed at least 3 hours of flood 139
213	213	mitigation training, a National Flood Insurance Program flood 140
214	214	insurance adjuster, or an International Code Council certified 141
215	215	coastal and floodplain construction inspector. 142
216	216	2. Use wind or flood hurricane mitigation inspectors who 143
217	217	also have undergone drug testing and a background screening. The 144
218	218	department may conduct criminal record checks of inspectors used 145
219	219	by wind certification entities or flood certification entities . 146
220	220	Inspectors must submit a set of fin gerprints to the department 147
221	221	for state and national criminal history checks and must pay the 148
222	222	fingerprint processing fee set forth in s. 624.501. The 149
223	223	fingerprints must be sent by the department to the Department of 150
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232	232	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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236	236	Law Enforcement and forwarded to the Federal Bureau of 151
237	237	Investigation for processing. The results must be returned to 152
238	238	the department for screening. Th e fingerprints must be taken by 153
239	239	a law enforcement agency, designated examination center, or 154
240	240	other department-approved entity. 155
241	241	3. Provide a quality assurance program including a 156
242	242	reinspection component. 157
243	243	(2) HURRICANE MITIGATION GRANTS.—Financial grants shall be 158
244	244	used by homeowners to make improvements recommended by an 159
245	245	inspection which increase resistance to wind or flood hurricane 160
246	246	damage. 161
247	247	(a) A homeowner is eligible for a wind or flood hurricane 162
248	248	mitigation grant if all of the following criteria are met: 163
249	249	1. The home must be eligible for an inspection under 164
250	250	subsection (1). 165
251	251	2. The home must be a dwelling with an insured value of 166
252	252	$700,000 or less. Homeowners who are low -income persons, as 167
253	253	defined in s. 420.0004(11), are exempt from this requirement. 168
254	254	3. The home must undergo an acceptable wind or flood 169
255	255	hurricane mitigation inspection as provided in subsection (1). 170
256	256	4.a. For a wind mitigation grant, the building permit 171
257	257	application for initial construction of the home must have been 172
258	258	made before January 1, 2008. 173
259	259	b. For a flood mitigation grant, the home must: 174
260	260	(I) Be located in a 100 -year or 500-year floodplain as 175
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269	269	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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271	271
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273	273	determined by the floodplain studies or computations from 176
274	274	federal, state, or local agencies; 177
275	275	(II) Be located in a community that participate s in the 178
276	276	National Flood Insurance Program Community Rating System 179
277	277	administered by the Federal Emergency Management Agency with a 180
278	278	Class 9 rating or above; and 181
279	279	(III) Have an active flood policy with the National Flood 182
280	280	Insurance Program or an authorized, as defined in s. 624.09, and 183
281	281	licensed private flood insurance carrier. 184
282	282	5. The homeowner must agree to make his or her home 185
283	283	available for inspection once a mitigation project is completed. 186
284	284	6. The homeowner must agree to provide to the department 187
285	285	information received from the homeowner's insurer identifying 188
286	286	the discounts realized by the homeowner because of the 189
287	287	mitigation improvements funded through the program. 190
288	288	(b)1. An application for a grant must contain a signed or 191
289	289	electronically verified statement ma de under penalty of perjury 192
290	290	that the applicant has submitted only one grant application or 193
291	291	that the application is allowed under subparagraph 2., and the 194
292	292	application must have documents attached demonstrating that the 195
293	293	applicant meets the requirements of pa ragraph (a). 196
294	294	2. An applicant may submit a subsequent grant application 197
295	295	if: 198
296	296	a. The original grant application was denied or withdrawn 199
297	297	because the application contained errors or omissions; 200
298	298
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306	306	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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310	310	b. The original grant application was denied or withdrawn 201
311	311	because the home did not meet the eligibility criteria for a 202
312	312	grant at the time of the previous application, and the homeowner 203
313	313	reasonably believes that the home now is eligible for a grant; 204
314	314	or 205
315	315	c. The program's eligibility requirements for a grant have 206
316	316	changed since the original application date, and the applicant 207
317	317	reasonably believes that he or she is an eligible homeowner 208
318	318	under the new requirements. 209
319	319	3. A grant application must include a statement from the 210
320	320	homeowner which contains the name and state licen se number of 211
321	321	the contractor that the homeowner acknowledges as the intended 212
322	322	contractor for the mitigation work. The program must 213
323	323	electronically verify that the contractor's state license number 214
324	324	is accurate and up to date before grant approval. 215
325	325	(c) All grants must be matched on the basis of $1 provided 216
326	326	by the applicant for $2 provided by the state , up to a maximum 217
327	327	state contribution of $10,000 for wind mitigation or $20,000 for 218
328	328	flood mitigation, toward the actual cost of the mitigation 219
329	329	project, except as p rovided in paragraph (h). The $20,000 220
330	330	maximum state contribution is a lifetime cap for a specific home 221
331	331	and homeowner for the wind and flood mitigation grants combined. 222
332	332	(d) All wind or flood hurricane mitigation performed under 223
333	333	the program must be based u pon the securing of all required 224
334	334	local permits and inspections and must be performed by properly 225
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343	343	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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347	347	licensed contractors. 226
348	348	(e) When recommended by a wind or flood hurricane 227
349	349	mitigation inspection, grants for eligible homes may be used for 228
350	350	the following improvements , so long as such improvements meet 229
351	351	current construction industry and safety standards and so long 230
352	352	as such improvements are made by a contractor licensed under 231
353	353	part I of chapter 489 or approved by a licensed or certified 232
354	354	wind or flood mitigation inspector, as described in subparagraph 233
355	355	(1)(f)1.: 234
356	356	1. Opening protection, including exterior doors, garage 235
357	357	doors, windows, and skylights. 236
358	358	2. Reinforcing roof -to-wall connections. 237
359	359	3. Improving the strength of roof -deck attachments. 238
360	360	4. Secondary water resistance for roof. 239
361	361	5. Flood mitigation activities, including, but not limited 240
362	362	to: 241
363	363	a. Flood barriers, including passive or deployable 242
364	364	floodproofing devices, which must meet industry standards, 243
365	365	including, but not limited to, the American National Standard 244
366	366	for Flood Mitigation Equipment ANSI/FM Approvals 2510. 245
367	367	b. Utility protections. 246
368	368	c. Flood openings and vents. 247
369	369	d. Home elevation to raise the insured lowest floor of the 248
370	370	home above the base flood elevation, as determined by the 249
371	371	Federal Emergency Management Agency. 250
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380	380	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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384	384	(f) When recommended by a wind or flood hurricane 251
385	385	mitigation inspection, grants for townhouses, as defined in s. 252
386	386	481.203, and condominium units, as the terms "condominium" and 253
387	387	"unit" are defined in s. 718.103, may only be used only for 254
388	388	opening protection and roof coverings. 255
389	389	(g) The department may require that improvements be made 256
390	390	to all openings, including exterior doors, garage doors, 257
391	391	windows, and skylights, as a condition of reimbursing a 258
392	392	homeowner approved for a grant. The department may adopt, by 259
393	393	rule, the maximum grant allowances for any improvement allowable 260
394	394	under paragraph (e) or paragraph (f). 261
395	395	(h) Low-income homeowners, as defined in s. 420.0004(11), 262
396	396	who otherwise meet the applicable requirements of this 263
397	397	subsection are eligible for a grant of up to $20,000 $10,000 and 264
398	398	are not required to provide a matching amount to receive the 265
399	399	grant. 266
400	400	(i)1. The department shall develop a process that ensures 267
401	401	the most efficient means to collect and verify inspection 268
402	402	applications and grant applications to determine eli gibility. 269
403	403	The department may direct wind and flood hurricane mitigation 270
404	404	inspectors to collect and verify grant application information 271
405	405	or use the Internet or other electronic means to collect 272
406	406	information and determine eligibility. 273
407	407	2. The department shall prioritize the review and approval 274
408	408	of such inspection applications and grant applications in the 275
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417	417	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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419	419
420	420
421	421	following order: 276
422	422	a. First, applications from low -income persons, as defined 277
423	423	in s. 420.0004, who are at least 60 years old; 278
424	424	b. Second, applications from all other low -income persons, 279
425	425	as defined in s. 420.0004; 280
426	426	c. Third, applications from moderate -income persons, as 281
427	427	defined in s. 420.0004, who are at least 60 years old; 282
428	428	d. Fourth, applications from all other m oderate-income 283
429	429	persons, as defined in s. 420.0004; and 284
430	430	e. Last, all other applications. 285
431	431	286
432	432	For flood mitigation grants, the department shall prioritize 287
433	433	homes with a prior flood insurance claim. However, for a home 288
434	434	determined by a local building department or a licensed or 289
435	435	certified flood mitigation inspector as described in 290
436	436	subparagraph (1)(f)1. to have substantial damage, the only 291
437	437	expenses eligible for reimbursement from a grant are for home 292
438	438	elevation. As used in this subparagraph, the term "substantial 293
439	439	damage" means damage to the extent that the cost of repairs 294
440	440	needed to bring the home to its pre -damage condition will equal 295
441	441	or exceed 50 percent of the market value of the home, excluding 296
442	442	the value of the land. 297
443	443	3. The department shall start accepting inspection 298
444	444	applications and grant applications no earlier than the 299
445	445	effective date of a legislative appropriation funding 300
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454	454	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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457	457
458	458	inspections and grants, as follows: 301
459	459	a. Initially, from applicants prioritized under sub-302
460	460	subparagraph 2.a.; 303
461	461	b. From applicants prioritized under sub -subparagraph 304
462	462	2.b., beginning 15 days after the program initially starts 305
463	463	accepting applications; 306
464	464	c. From applicants prioritized under sub -subparagraph 307
465	465	2.c., beginning 30 days after the prog ram initially starts 308
466	466	accepting applications; 309
467	467	d. From applicants described in sub -subparagraph 2.d., 310
468	468	beginning 45 days after the program initially starts accepting 311
469	469	applications; and 312
470	470	e. From all other applicants, beginning 60 days after the 313
471	471	program initially starts accepting applications. 314
472	472	4. The program may accept a certification directly from a 315
473	473	low-income homeowner or moderate -income homeowner who meets the 316
474	474	requirements of s. 420.0004(11) or (12), respectively, if the 317
475	475	homeowner provides such certification in a signed or 318
476	476	electronically verified statement made under penalty of perjury. 319
477	477	(j) A homeowner who receives a grant shall finalize 320
478	478	construction and request a final inspection, or request an 321
479	479	extension for an additional 6 months, within 1 year after grant 322
480	480	approval. If a homeowner fails to comply with this paragraph, 323
481	481	his or her application is deemed aband oned and the grant money 324
482	482	reverts to the department. 325
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491	491	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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495	495	(3) REQUESTS FOR INFORMATION. —The department may request 326
496	496	that an applicant provide additional information. An application 327
497	497	is deemed withdrawn by the applicant if the department does not 328
498	498	receive a response to its request for additional information 329
499	499	within 60 days after the notification of any apparent error or 330
500	500	omission. 331
501	501	(4) EDUCATION, CONSUMER AWARENESS, AND OUTREACH. — 332
502	502	(a) The department may undertake a statewide multimedia 333
503	503	public outreach and advertis ing campaign to inform consumers of 334
504	504	the availability and benefits of wind and flood hurricane 335
505	505	inspections and of the safety and financial benefits of 336
506	506	residential wind and flood hurricane damage mitigation. The 337
507	507	department may seek out and use local, state, federal, and 338
508	508	private funds to support the campaign. 339
509	509	(b) The program may develop brochures for distribution to 340
510	510	Citizens Property Insurance Corporation and other licensed 341
511	511	entities or nonprofits that work with the department to educate 342
512	512	the public on the ben efits of the program. Citizens Property 343
513	513	Insurance Corporation must distribute the brochure to 344
514	514	policyholders of the corporation each year the program is 345
515	515	funded. The brochures may be made available electronically. 346
516	516	(5) FUNDING.—The department may seek out a nd leverage 347
517	517	local, state, federal, or private funds to enhance the financial 348
518	518	resources of the program. 349
519	519	(6) RULES.—The department shall adopt rules pursuant to 350
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528	528	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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532	532	ss. 120.536(1) and 120.54 to govern the program; implement the 351
533	533	provisions of this section ,; including rules governing wind and 352
534	534	flood hurricane mitigation inspections and grants, mitigation 353
535	535	contractors, and training of inspectors and contractors; and 354
536	536	carry out the duties of the department under this section. 355
537	537	(7) WIND AND FLOOD HURRICANE MITIGATION INSPECTOR LIST. —356
538	538	The department shall develop and maintain as a public record a 357
539	539	current list of wind and flood hurricane mitigation inspectors 358
540	540	authorized to conduct wind or flood hurricane mitigation 359
541	541	inspections pursuant to this section. 360
542	542	(8) CONTRACT MANAGEMENT. — 361
543	543	(a) The department may contract with third parties for 362
544	544	grants management, inspection services, c ontractor services for 363
545	545	low-income homeowners, information technology, educational 364
546	546	outreach, and auditing services. Such contracts are considered 365
547	547	direct costs of the program and are not subject to 366
548	548	administrative cost limits. The department shall contract wi th 367
549	549	providers that have a demonstrated record of successful business 368
550	550	operations in areas directly related to the services to be 369
551	551	provided and shall ensure the highest accountability for use of 370
552	552	state funds, consistent with this section. 371
553	553	(b) The department s hall implement a quality assurance and 372
554	554	reinspection program that determines whether initial inspections 373
555	555	and home improvements are completed in a manner consistent with 374
556	556	the intent of the program. The department may use valid random 375
557	557
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569	569	sampling in order to perf orm the quality assurance portion of 376
570	570	the program. 377
571	571	(9) INTENT.—It is the intent of the Legislature that 378
572	572	grants made to residential property owners under this section 379
573	573	shall be considered disaster -relief assistance within the 380
574	574	meaning of s. 139 of the Intern al Revenue Code of 1986, as 381
575	575	amended. 382
576	576	(10) REPORTS.—The department shall make an annual report 383
577	577	on the activities of the program that shall account for the use 384
578	578	of state funds and indicate the number of inspections requested, 385
579	579	the number of inspections perfo rmed, the number of grant 386
580	580	applications received, the number and value of grants approved, 387
581	581	and the estimated average annual amount of insurance premium 388
582	582	discounts and total estimated annual amount of insurance premium 389
583	583	discounts homeowners received from insur ers as a result of 390
584	584	mitigation funded through the program. The report must be 391
585	585	delivered to the President of the Senate and the Speaker of the 392
586	586	House of Representatives by February 1 of each year. 393
587	587	Section 2. (1) For the 2025-2026 fiscal year, the sum of 394
588	588	$200 million in nonrecurring funds is appropriated from the 395
589	589	General Revenue Fund to the Department of Financial Services to 396
590	590	provide mitigation grants pursuant to s. 215.5586(2), Florida 397
591	591	Statutes, under the My Safe Florida Home Program. The department 398
592	592	may only continue to accept applications and create a waiting 399
593	593	list for the disbursal of appropriated funds and may not create 400
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606	606	a waiting list in anticipation of additional funding unless the 401
607	607	Legislature provides express authority to implement such 402
608	608	actions. 403
609	609	(2) For the 2025-2026 fiscal year, the sum of $5 million 404
610	610	in nonrecurring funds is appropriated from the General Revenue 405
611	611	Fund to the Department of Financial Services for costs related 406
612	612	to the public outreach and advertising campaign, and associated 407
613	613	administrative costs as may be necessary, under s. 215.5586(4), 408
614	614	Florida Statutes, under the My Safe Florida Home Program. 409
615	615	Section 3. This act shall take effect July 1, 2025. 410
616	616	411