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 Appropriations
BILL: CS/CS/SB 1366
INTRODUCER: Appropriations Committee, Banking and Insurance Committee, and Senators DiCeglie
and Pizzo
SUBJECT: My Safe Florida Condominium Pilot Program
DATE: February 26, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Thomas Knudson BI Fav/CS
2. Sanders Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1366 creates the My Safe Florida Condominium Pilot Program (Program) within the
Department of Financial Services (DFS), to provide hurricane mitigation inspections and
hurricane mitigation grants to eligible condominium associations. Implementation of the
Program is subject to annual legislative appropriations. Under the Program, the DFS must
provide fiscal accountability, contract management, and strategic leadership for the Program.
The bill provides to condominium associations with 15 miles of the coastline a program similar
to that of the My Safe Florida Home Program (MSFH) for owners of site-built, single-family,
residential properties in regards to requirements for participation, hurricane mitigation inspectors
and inspections, eligibility for mitigation grants, contract management by the DFS, and required
annual reports.
Unless funded, the bill has no fiscal impact on state or local governments. See Section V, Fiscal
Impact Statement.
The bill provides an effective date of July 1, 2024.
BILL: CS/CS/SB 1366 Page 2
II. Present Situation:
My Safe Florida Home Program
Background
In 2006, the Legislature created the My Safe Florida Home Program (MSFH Program) within the
Department of Financial Services (DFS).1 The MSFH Program was created with the intent to
provide trained and certified inspectors to perform mitigation inspections for owners of site-built,
single-family, residential properties (mitigation inspections), and mitigation grants to eligible
applicants, subject to the availability of funds.2 The MSFH Program was to “develop and
implement a comprehensive and coordinated approach for hurricane damage mitigation…”3
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.4 Funding for the MSFH Program ceased on June 30, 2009.
2022 Renewal and Funding of the MSFH Program
In May 2022, during Special Session 2022-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 mitigation grants to
retrofit such properties, thereby reducing their vulnerability to hurricane damage and helping
decrease the cost of residential property insurance.5 The Legislature appropriated $150 million in
nonrecurring funds from the General Revenue Fund for the 2022-2023 fiscal year for mitigation
grants and inspections.6 In the Fiscal Year 2023-2024 General Appropriations Act, ch. 2023-239,
Laws of Florida, the Legislature appropriated $100 million for mitigation grants.7 In
November 2023, during Special Session 2023-C, the Legislature appropriated an additional
$176.2 million in nonrecurring funds from the General Revenue Fund to provide mitigation
grants pursuant to s. 215.5586(2), F.S., for the 2023-2024 fiscal year.8
Hurricane Mitigation Inspections
The MSFH Program provides licensed inspectors to perform inspections for owners of site-built,
single-family, residential properties, for which a homestead exemption has been granted, 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
1
The Legislature initially established the MSFH 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.).
2
Section 215.5586, F.S.
3
Id.
4
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 Feb. 16, 2024).
5
Section 3, ch. 2022-268, Laws of Fla.
6
Section 4, ch. 2022-268, Laws of Fla.
7
Chapter 239, Laws of Fla., available at https://laws.flrules.org/2023/239 (last visited Feb. 16, 2024).
8
Section 6, ch. 2023-349, Laws of Fla.
BILL: CS/CS/SB 1366 Page 3
property’s vulnerability to hurricane damage. A townhouse as defined in s. 481.203, F.S.,9 for
which a homestead exemption has been granted, may qualify to receive a mitigation inspection
to determine if opening protection10 mitigation would provide improvements to mitigate
hurricane damage. The mitigation 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
 Information regarding estimated premium discounts, correlated to the current mitigation
features and the recommended mitigation improvements identified by the inspection.11
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 are licensed or certified as:
o A building inspector under s. 468.607, F.S.;
o A general, building, or residential contractor under s. 489.111, F.S.;
o A professional engineer under s. 471.015, F.S.;
o A professional architect under s. 481.213, F.S.; or
o A home inspector under s. 468.8314 and 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;
 Use hurricane mitigation inspectors who have undergone drug testing and background
screening; and
 Provide a quality assurance program that includes a reinspection component.12
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 $700,000 or less. Low-income
homeowners are exempt from this requirement;
 The home must have undergone an acceptable hurricane mitigation inspection;
 The building permit for the initial construction of the home must have been made before
January 1, 2008; and
 The homeowner must agree to make the home available for inspection upon completion of
the mitigation project.13
The 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
9
“Townhouse” generally means “a single-family dwelling unit not exceeding three stories in height which is constructed in a
series or group of attached units with property lines separating such units.” Section 481.203(16), F.S.
10
Opening protection includes windows, exterior doors, and garage doors. See s. 215.5586(2)(e), F.S.
11
Section 215.5586(1)(b), F.S.
12
Section 215.5586(1)(c), F.S.
13
Section 215.5586(2)(a), F.S.
BILL: CS/CS/SB 1366 Page 4
actual cost of the mitigation project.14 Low-income homeowners may receive up to $10,000 in
grant funds without providing matching dollars.15
Grants may be used for the following improvements recommended by a hurricane mitigation
inspection:
 Opening protection;
 Exterior doors, including garage doors;
 Reinforcing roof-to-wall connections;
 Improving the strength of roof-deck attachments; and
 Secondary water barrier for roof.
Grants for townhouses may only be used for opening protection.
Results of the MSFH Program
Between November 2022, and December 2023, the MSFH Program has provided more than
94,000 homeowners with hurricane mitigation inspections and approved more than 23,000 grant
applications. Over 73 percent of those homeowners who have completed participation in the
grant component of the MSFH Program have seen their homeowners insurance premiums drop
or stabilize, and many are paying premiums at or below the state average. According to the DFS,
upon applying to the MSFH Program, the average premium of the applicants was 55.1 percent
higher than the average Florida homeowner’s premium. Based upon the decrease in premium
following participation, the DFS has concluded that the MSFH Program participation is
comprised of higher-than-average risk homeowners, which is consistent with the goal of helping
those with homes at greatest risk.
Condominiums
A condominium is a “form of ownership of real property created under ch. 718, F.S,”16 the
“Condominium Act.” Condominium unit owners are in a unique legal position because they are
exclusive owners of property within a community, joint owners of community common
elements, and members of the condominium association.17 For unit owners, membership in the
association is an unalienable right and required condition of unit ownership.18 There are
approximately 1,529,764 condominium units in Florida operated by 27,588 associations.19
A condominium association is administered by a board of directors referred to as a “board of
administration.”20 The board of administration is comprised of individual unit owners elected by
the members of a community to manage community affairs and represent the interests of the
association. Association board members must enforce a community's governing documents and
14
Section 215.5586(2)(b), F.S.
15
Section 215.5586(2)(h), F.S.
16
Section 718.103(11), F.S.
17
See s. 718.103, F.S., for the terms used in the Condominium Act.
18
Id.
19
Report of the Florida Bar RPPTL Condominium Law and Policy Life Safety Advisory Task Force (Task Force Report),
p. 4, available at: https://www-media.floridabar.org/uploads/2021/10/Condominium-Law-and-Policy-Life-Safety-Advisory-
Task-Force-Report.pdf (last visited February 16, 2024).
20
Section 718.103(4), F.S.
BILL: CS/CS/SB 1366 Page 5
are responsible for maintaining a condominium's common elements which are owned in
undivided shares by unit owners.21
A condominium association is required to use its best efforts to maintain insurance for the
association, the association property, the common elements, and the condominium property.22
Insurance coverage for the association must insure the condominium property as originally
installed and all alterations or additions made to the condominium property. 23 Any portion of the
condominium property that must be insured by the association against property loss which is
damaged by an insurable event, must be reconstructed, repaired, or replaced as necessary by the
association as a common expense to the association.24
While the current MSFH Program provides for the inspections of, and some mitigation projects
to, townhouses, Florida law does not currently provide a program for condominium owners
similar to the MSFH Program.
III. Effect of Proposed Changes:
Section 1 creates s. 215.5587, F.S., to establish the My Safe Florida Condominium Pilot
Program (Program) within the Department of Financial Services (DFS), and implement pursuant
to appropriations.
The bill provides to condominium associations (association) within the prescribed service area a
program similar to that of the MSFH Program in regards to requirements for participation,
hurricane mitigation inspectors and inspections, eligibility for mitigation grants, contract
management by DFS, and required annual reports. Implementation of the Program is subject to
annual legislative appropriations and is intended to provide licensed inspectors to perform
inspections for and grants to eligible associations as funding allows.
 The bill limits the Program to associations located in the “service area.” The “service area” is
the area of the state within 15 miles inward of a coastline as defined in s. 376.031, F.S.25 The
bill provides that the terms “association,”26 “board of administration,”27 “condominium,”28
21
Section 718.103(2), F.S.
22
Section 718.111(11), F.S.
23
Section 718.111(11)(f), F.S.
24
Section 718.111(11)(j), F.S.
25
“‘Coastline’ means the line of mean low water along the portion of the coast that is in direct contact with the open sea and
the line marking the seaward limit of inland waters, as determined under the Convention on Territorial Seas and the
Contiguous Zone, 15 U.S.T. (Pt. 2) 1606.” Section 376.031(4), F.S.
26
“Association” means, in addition to any entity responsible for the operation of common elements owned in undivided
shares by unit owners, any entity which operates or maintains other real property in which unit owners have use rights, where
membership in the entity is composed exclusively of unit owners or their elected or appointed representatives and is a
required condition of unit ownership. Section 718.103(3), F.S.
27
“Board of administration” or “board” means the board of directors or other representative body which is responsible for
administration of the association. Section 718.103(5), F.S.
28
“Condominium” means that form of ownership of real property created pursuant to this chapter, which is comprised
entirely of units that may be owned by one or more persons, and in which there is, appurtenant to each unit, an undivided
share in common elements. Section 718.103(12), F.S.
BILL: CS/CS/SB 1366 Page 6
“condominium parcel,”29 “unit,”30 “unit owner”31 and “voting interest”32 have the same
meaning as those terms are defined in s. 718.103, F.S. The bill defines “department” as the
Department of Financial Services and defines “property” to mean the parcel or parcels whose
owners have applied to participate in the program. “
The bill provides only the owners of condominium parcels within the service area and that are
three stories or less are eligible to participate in the Program.
Condominium Associations and Unit Owners
In order for an association to apply for an inspection of condominium parcels or a grant under
the Program, the association must receive approval by a majority vote of the board of
administration or a majority vote of the total voting interests of the association. The president of
the association may submit an inspection application for the condominium parcels participating
in the Program. In order to apply for a grant the association must also receive both of the
following:
 Approval by a majority vote of the board of administration or a majority vote of the total
voting interests of the association to participate in a mitigation grant; and
 A unanimous vote of all unit owners within the structure or building that is the subject of the
mitigation grant.
The president of the association is authorized to submit a grant application for the condominium
parcels participating in the Program. A unit owner may participate in the Program through a
mitigation grant awarded to the association but may not participate individually in the Program.
Associations may vote on participation in the Program at either an annual meeting or a unit
owner meeting called for the purpose of taking a vote on such participation. The association must
provide unit owners with clear disclosure of the Program prior to a vote taking place. The
president and treasurer of the board of administration are required to sign the disclosure form
indi