The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 748
INTRODUCER: Fiscal Policy Committee, Banking and Insurance Committee and Senator Boyd
SUBJECT: My Safe Florida Home Program
DATE: April 21, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Thomas Knudson BI Fav/CS
2. Sanders Betta AEG Favorable
3. Thomas Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 748 revises provisions relating to the My Safe Florida Home Program (MSFH
Program or Program). The bill:
Provides the MSFH Program may select as a mitigation inspector a licensed home inspector
who has completed certain training;
Provides an inspection under the MSFH Program may only be done on a property for which a
homestead exemption has been granted;
Revises eligibility requirements for mitigation inspections to include townhouses to
determine if opening protection mitigation would provide improvements to mitigate
hurricane damage;
Revises eligibility requirements for mitigation grants to include dwellings with an insured
value of $700,000 or less (up from $500,000 or less) and for opening protection for
townhouses when recommended by a hurricane mitigation inspection;
Deletes the requirement a property eligible for a mitigation grant must be located in the
“wind-borne debris region;”
Increases the amount, from $5,000 to $10,000, low-income homeowners may receive from a
grant and not have to provide a matching amount;
Adds the Citizens Property Insurance Corporation to the list of entities that may receive
Program brochures for redistribution;
Deletes the requirement contracts valued at one million dollars or more entered into by the
Program be reviewed and approved by the Legislative Budget Commission; and
BILL: CS/CS/SB 748 Page 2
Requires the Department of Financial Services (DFS) to develop a quality assurance and
reinspection program.
While the bill does not have a fiscal impact on state or local governments, SB 25001 provides
$50,000,000 in General Revenue funds for MSFH Program funding needs. The Florida House of
Representatives, in HB 5001, provides $100,000,000 in MFSH Program funding.2 The amount of
funding will be determined during the Legislative Conference process.
The bill provides an effective date of July 1, 2023.
II. Present Situation:
My Safe Florida Home Program
Background
Following the 2004 and 2005 hurricane seasons, where 2.8 million Florida homeowners suffered
more than $33 billion in insured property damage,3 86 percent of the 4.4 million homes in
Florida were built prior to the adoption of stronger building codes in 2002, and the average age
of a home was 26 years, Florida began to experience a decline in the availability of property
insurance and an increase in its cost.4
In 2006, the Legislature created the MSFH Program 5 within the DFS.6 The original
appropriation was $250 million for a period not to exceed three years with any unused
appropriated funds reverting to the state on June 30, 2009. 7
The MSFH Program was created with the intent to provide trained and certified inspectors to
perform inspections for owners of site-built, single-family, residential properties (mitigation
inspections), and grants to eligible applicants, subject to funding availability.8 The MSFH
Program was to “develop and implement a comprehensive and coordinated approach for
hurricane damage mitigation.”9 The MSFH program allowed the DFS to undertake a public
outreach and advertising campaign to inform consumers of the availability and benefits of the
mitigation inspections and grants.10 It required the development of brochures for distribution to
1
The Florida Senate, SB 2500 – Appropriations, As Introduced, pg. 338, available at
https://www.flsenate.gov/Session/Bill/2023/2500/BillText/Filed/PDF (last visited March 30, 2023).
2
The Florida House of Representatives, HB 5001 – General Appropriations Act, As Introduced, available at
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=Orig_GAA.pdf&DocumentType=Bill&BillN
umber=5001&Session=2023 (last visited March 30, 2023).
3
Department of Financial Services, My Safe Florida Home, 2008 Annual Report (Feb. 2009) (on file with Senate
Appropriations Committee on Agriculture, Environment, and General Government.)
4
Id.
5
Id.
6
The Legislature initially established the program as the Florida Comprehensive Hurricane Damage Mitigation Program
(ch. 2006-12, L.O.F.) however, the name was subsequently changed in 2007 (ch. 2007-126, L.O.F.).
7
Chapter 2006-12 L.O.F.
8
Section 215.5586, F.S.
9
Id.
10
Section 215.5586(3), F.S.
BILL: CS/CS/SB 748 Page 3
general contractors, roofing contractors, and real estate brokers and sales associates to explain
the benefits of residential hurricane damage mitigation to homeowners.11
From its inception to January 30, 2009, the MSFH Program received approximately
425,193 applications, performed more than 391,000 inspections and awarded 39,000 grants.
From July 2007 through January 2009, MSFH Program expenditures totaled approximately
$151.9 million.12 Funding for the program ceased on June 30, 2009.13
The DFS requested Risk Management Solutions (RMS) to conduct an impact analysis of the
MSFH Program. RMS released a report of the impact analysis on May 14, 2009 (report).14 In the
report, RMS concluded program grants were beneficial to the State of Florida, individual
homeowners, and the insurance industry.15 RMS indicated the predicted reduction in loss as a
result of the grant projects completed far exceeded the grant money spent.16 The MSFH Program
was never repealed from law and additional funding was not provided until May 2022.
2022 Renewal and Funding of the MSFH Program
In May 2022, during the 2022D Special Session and under a property insurance bill (SB 2-D),
the Legislature reestablished the MSFH Program within the DFS to provide financial incentives
for Florida residential property owners to obtain free home inspections which identify mitigation
measures and provide grants to retrofit such properties, thereby reducing their vulnerability to
hurricane damage and helping decrease the cost of residential property insurance.17
To implement the MSFH Program, $150 million in nonrecurring funds from the General
Revenue Fund was appropriated to the DFS. The funds were designated for the following
purposes:
$25 million for hurricane mitigation inspections;
$115 million for hurricane mitigation grants;
Four million dollars for education and consumer awareness;
One million dollars for public outreach to contractors, real estate brokers, and sales
associates; and
Five million dollars for administrative costs.18
Under SB 2-D, any unexpended balance of appropriated funds remaining on June 30, 2023, shall
revert and is appropriated to the DFS for Fiscal Year 2023-2024 to be used for the MSFH
Program. The appropriation will expire on October 1, 2024.
11
Section 215.5586(7), F.S.
12
Florida Auditor General, Department of Financial Services, My Safe Florida Home Program, Operational Audit Report
No. 2010-074 (Jan. 1010), available at https://flauditor.gov/pages/pdf_files/2010-074.pdf (last visited March 20, 2023).
13
Department of Financial Services, My Safe Florida Home, 2008 Annual Report (Feb. 2009) (on file with Senate
Appropriations Committee on Agriculture, Environment, and General Government).
14
Risk Management Solutions, Analyzing the Effects of the My Safe Florida Home Program on Florida Insurance Risk,
(May 14, 2009), available at https://www.ipcc.ch/apps/njlite/srex/njlite_download.php?id=5036 (last visited March 20, 2023)
15
Id.
16
Id.
17
Section 3, ch. 2022-268, L.O.F. See CS/SB 2-D (2022 Special Session).
18
Section 4, ch. 2022-268, L.O.F.
BILL: CS/CS/SB 748 Page 4
2022 MSFH Program Implementation
Following the passage of SB 2-D in 2022, the DFS procured a vendor to administer the MSFH
Program, qualified inspectors to conduct mitigation inspections, and qualified contractors who
agreed to provide mitigation repairs and retrofitting under the grant portion of the MSFH
Program.19 The DFS compiled a list of approved vendors homeowners participating in the MSFH
Program may choose for inspections and mitigation work.20
On November 18, 2022, a web-based application for homeowners to request mitigation
inspections and grant funds went live.21 Between May 26, 2022, and February 28, 2023,
16,724 mitigation inspections were completed and 2,979 grant applications were approved.22
Inspectors completing mitigation inspections under the MSFH Program must complete the
Uniform Mitigation Verification Inspection Form (Inspection Form), as revised by the Office of
Insurance Regulation on January 12, 2023.23 The mitigation inspection report provided to the
homeowner includes the completed Inspection Form, as well as the information already required
by statute,24 together with:
A summary of the results of the mitigation inspection identifying recommended
improvements a homeowner may undertake;
A range of cost estimates regarding the recommended improvements; and
Estimated property insurance premium discounts based on the mitigation measures the
homeowner has completed.25
Hurricane Mitigation Inspections
The MSFH Program provides trained and certified inspectors to perform inspections for owners
of site-built, single-family, residential properties to determine what mitigation measures are
needed, what insurance premium discounts may be available, and what improvements to existing
residential properties are needed to reduce the property’s vulnerability to hurricane damage. The
inspections must include, at a minimum:
A home inspection and report that summarizes the results and identifies recommended
improvements a homeowner may take to mitigate hurricane damage;
A range of cost estimates regarding the recommended mitigation improvements; and
Insurer-specific information regarding premium discounts correlated to the current mitigation
features and the recommended mitigation improvements identified by the inspection.26
The DFS is authorized to contract with “wind certification entities” as vendors to provide such
inspections. Each wind certification entity must, at a minimum, meet the following requirements:
Use hurricane mitigation inspectors who:
19
Florida Department of Financial Services, Senate Bill 748 Agency Analysis (Mar. 3, 2023) (on file with Senate Banking
and Insurance Committee.)
20
Id.
21
Id.
22
Id.
23
Id.
24
Section 215.5586(1)(a), F.S.
25
Department of Financial Services, supra note 20, at 2.
26
Section 215.5586(1)(a), F.S.
BILL: CS/CS/SB 748 Page 5
o Are certified as a building inspector under s. 468.607, F.S.;
o Are licensed as a general or residential contractor under s. 489.111, F.S.;
o Are licensed as a professional engineer under s. 471.015, F.S., and who have passed the
appropriate equivalency test of the building code training program as required by
s. 553.841, F.S.;
o Are licensed as a professional architect under s. 481.213, F.S.; or
o Have at least two years of experience in residential construction or residential building
inspection and have received specialized training in hurricane mitigation procedures.
Use hurricane mitigation inspectors who also:
o Have undergone drug testing and a background screening; and
o Have been certified satisfactorily to the department to conduct the inspections.
Provide a quality assurance program that includes a reinspection component.27
Hurricane Mitigation Grants
The homeowner eligibility requirements for the mitigation grants are:
The homeowner must have been granted a homestead exemption on the home;
The home must be a dwelling with an insured value of $500,000 or less. Low-income
homeowners are exempt from this requirement;
The home must have undergone an acceptable hurricane mitigation inspection after
July 1, 2008;
As a condition for participation in the program, a building permit for the initial construction
of the home must have been made before January 1, 2008;
The homeowner must agree to make the home available for inspection upon completion of
the mitigation project; and
The home must be in the “wind-borne debris region” (see shaded area in image below) as
that term is defined in the Florida Building Code.28
Windborne-Debris Map – Florida
27
Section 215.5586(1)(b), F.S.
28
Section 215.5586(2)(a), F.S.
BILL: CS/CS/SB 748 Page 6
All MSFH Program grants must be matched on the basis of one dollar provided by the applicant
for two dollars provided by the state, up to a maximum state contribution of $10,000 toward the
actual cost of the mitigation project.29 Low-income homeowners may receive up to $5,000 in
grant funds without providing matching dollars.30 A homeowner who receives a MSFH Program
grant must agree to make his or her home available for inspection after the mitigation project is
completed.31
Program Transparency Requirements
The DFS must submit an annual report of MSFH Program activities to the President of the
Senate and the Speaker of the House of Representatives. The report must include the average
annual amount of insurance premium discounts and the total of such discounts homeowners
received from insurers resulting from the mitigation funded through the Program.32
III. Effect of Proposed Changes:
Section 1 amends s. 215.5586. F.S., relating to the My Safe Florida Home Program (MSFH
Program) to:
Provide the MSFH Program use licensed, rather than trained and certified, inspectors to
provide hurricane mitigation inspections on site-built, single-family, residential properties
have been granted a homestead exemption;
Revise the information provided to homeowners as part of a hurricane mitigation inspection
to include information regarding estimated premium discounts, rather than insurer-specific
premium discounts;
Provide the MSFH Program may select as a mitigation inspector a home inspector licensed
under s. 468.8314, F.S., who has completed at least three hours of hurricane mitigation
training approved by the Construction Industry Licensing Board, which training must include
hurricane mitigation techniques, compliance with the uniform mitigation verification form,
and completion of a proficiency exam;
Provide the MSFH Program may no longer select as a mitigation inspector a person who has
at least two years of experience in residential construction or residential building inspection
and has received specialized training in hurricane mitigation procedures;
Provide inspections may only be done on a property for which a homestead exemption has
been granted;
Remove the requirement a property eligible for a mitigation grants must have undergone an
acceptable hurricane mitigation inspection after July 1, 2008, but keep the requirement the
property must have undergone an acceptable hurricane mitigation inspection by the MSFH
Program;
Delete the requirement a property eligible for a mitigation grant must be located in the
“wind-borne debris region;”
29
Section 215.5586(2)(b), F.S.
30
Section 215.5586(2)(g), F.S.
31
Section 215.5586(2)(a)6., F.S.
32
Section 215.5586(10), F.S.
BILL: CS/CS/SB 748 Page 7
Revises eligibility requirements for mitigation inspections to include townhouses to
determine if opening pr