The proposed rulemaking implements the statutory changes made to the My Safe Florida Home Program (Program) made in Chapter 2024-107, Laws of Florida. The rulemaking will provide more clarity to homeowners on how to apply ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

69J-7.001The My Safe Florida Home Program

PURPOSE AND EFFECT: The proposed rulemaking implements the statutory changes made to the My Safe Florida Home Program (Program) made in Chapter 2024-107, Laws of Florida. The rulemaking will provide more clarity to homeowners on how to apply for inspections and grants by updating the application process. The rule also deletes reference to the contractor list and provides more details on what is and is not covered by the Program.

SUMMARY: The subject of this rulemaking is the My Safe Florida Home Program guidelines and terms.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic review for this rulemaking.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 215.5586 FS.

LAW IMPLEMENTED: 215.5586 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Steven Fielder, Chief Business Officer, 200 East Gaines Street, Tallahassee, FL 32399, [phone], or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

Substantial rewording of Rule 69J-7.001, F.A.C. follows. See Florida Administrative Code for present text.

 

69J-7.001–My Safe Florida Home Program

(1) Definitions. The following definitions apply to the My Safe Florida Home Program (MSFH Program) and all rules and forms incorporated therein:

(a) Applicant Portal – The MSFH Program’s internet portal located at the following website: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#.

(b) Contractor – A person or entity licensed and certified by the Department of Business and Professional Regulation that is selected by a Homeowner to complete a Mitigation Project.

(c) Draw Request – The request, including any submitted information and documentation, made by the Homeowner via the Applicant Portal after the Final Inspection to receive disbursement of Grant funds. A Homeowner interested in submitting a Draw Request through the MSFH Program shall complete and submit Form DFS-O1-006, Draw Request, effective 07/24, incorporated herein by reference, available at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant# and https://www.flrules.org/Gateway/reference.asp?No=Ref-.

(d) Final Inspection – The concluding Inspection performed by a WCE upon completion of a Mitigation Project. The Final Inspection is used to observe Improvements that were successfully completed on the home.

(e) Final Inspection Report – The document prepared by the WCE that provides a summary of the WCE’s findings from the Final Inspection and indicates any improvements made to the home. Form DFS-O1-003, Final Inspection Report, effective 07/24, is incorporated herein by reference and available at www.mysafeflhome.com and https://www.flrules.org/Gateway/reference.asp?No=Ref-

(f) Grant Application - The information and documentation submitted to the MSFH Program via the Applicant Portal determine eligibility for a Hurricane Mitigation Grant. A Homeowner interested in applying for a Hurricane Mitigation Grant through the MSFH Program shall complete and submit Form DFS-O1-005, Grant Application, effective 07/24, incorporated herein by reference, available at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant# and https://www.flrules.org/Gateway/reference.asp?No=Ref-.

(g) Homeowner – A person who holds the legal title to the real property that is the subject of a MSFH Program Application.

(h) Improvements – Features that make a home more resistant to hurricane damage that are eligible for Grant funding under the MSFH Program.

(i) Initial Inspection – The preliminary Inspection performed by a WCE prior to any Mitigation Project. The Initial Inspection is used to determine which, if any, specific Improvements are recommended for the home.

(j) Initial Inspection Report – The document prepared by the WCE that provides a summary of the WCE’s findings from the Initial Inspection and includes the recommended improvement. Form DFS-O1-002, Initial Inspection Report, effective 07/24, is incorporated herein by reference and available at www.mysafeflhome.com and https://www.flrules.org/Gateway/reference.asp?No=Ref-.

(k) Inspection Application - The information and documentation that is submitted to the MSFH Program via the Applicant Portal to determine eligibility for a Hurricane Mitigation Inspection. A Homeowner interested in applying for a Hurricane Mitigation Inspection through the MSFH Program shall complete and submit Form DFS-O1-004, Inspection Application, effective 07/24, incorporated herein by reference, available at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant# and https://www.flrules.org/Gateway/reference.asp?No=Ref-.

(l) Low-Income Grant – One of two Mitigation Grant types under the MSFH Program that grant funds towards a Homeowner’s Mitigation Project. Homeowners participating in the Low-Income Grant are not required to provide a matching amount to receive Grant funds and are exempt from the insured value requirement.

(m) Matching Grant – One of two Mitigation Grant types under the MSFH Program that pays grant funds towards a Homeowner’s Mitigation Project. Under a Matching Grant, the Homeowner shall pay in full for the construction up front. The Homeowner under a Matching Grant will be reimbursed for 2/3 of the total costs of the construction project up to a maximum state contribution of $10,000, subject to legislative appropriations.

(n) Hurricane Resistant Features or Features – A rating or description of a building or material that will increase the home’s ability to withstand high windstorms. These items such as windows and doors, including garage doors, are specifically designed to withstand positive and negative wind pressures caused by hurricanes, tornadoes, or straight-line winds.

(o) Hurricane Mitigation Grant or Grant – A grant, either Low-Income Grant or Matching Grant, that assists a Homeowner to pay for their Mitigation Project to harden their home against hurricane damage.

(p) Hurricane Mitigation Inspection or Inspection – A home inspection, either Initial Inspection, Quality Control Inspection, or Final Inspection, performed by a WCE pursuant to the MSFH Program to determine what Hurricane Resistant Features are present on a home.

(q) Hurricane Mitigation Project or Mitigation Project – The Improvements made to a home by a Contractor that are recommended by the WCE in a MSFH Program Initial Inspection Report.

(r) Owner-occupied – A property used as the primary residence of the Homeowner. Owner-occupied does not include non-primary residences, second homes, vacation homes, or rental properties.

(s) Quality Control Inspection – An additional Inspection performed by a WCE to verify the accuracy of an Initial Inspection or a Final Inspection.

(t) Single-family – A property assigned a “01” land use code by the local county’s property appraiser pursuant to Rule 12D-8.008, F.A.C. Unless assigned a “01” land use code, Single-family does not include multi-family homes (apartments, duplexes, and triplexes), condominiums, cooperatives, and retirement homes. If a property is not assigned a “01” land use code, but the county-specific description of the assigned land use code contains the term “single-family”, “townhouse” or “townhome”, then the property will be treated as Single-family for the purposes of the MSFH Program.

(u) Site-built – A property constructed at its permanent location. Site-built does not include mobile homes, manufactured homes, trailers, or any home or trailer that may be titled or registered in accordance with chapters 319 or 320, F.S.

(v) Townhouse – Defined in section 481.203, F.S. Single-family homes that are attached to other units will be treated as Townhouses for the purposes of the MSFH Program.

(w) Wind Certification Entity (WCE) or Inspector – A contractor that performs Hurricane Mitigation Inspections for the MSFH Program.

(2) Application Process. Instructions for participating in the MSFH Program can be found in Form DFS-O1-001, Homeowner’s Guide, effective 07/23, incorporated herein by reference, available at the following websites: https://mysafeflhome.com/wp-content/uploads/2023/06/6-27-23-MSFH-Homeowners-Guide.pdf and https://www.flrules.org/Gateway/reference.asp?No=Ref-______.

(3) Scheduling Inspections. The Homeowner and Inspector shall coordinate to schedule any Inspections. If a Homeowner is unable to schedule the Inspection with the WCE, the Homeowner shall contact the MSFH Program, at 1-866-513-6734, to request a new WCE. The Homeowner’s MSFH Program Application will be closed, and no further action will be taken by the MSFH Program, if the Homeowner:

(a) declines an Inspection;

(b) refuses to allow the Inspector access to the home;

(c) fails to schedule the Inspection with the Inspector; or

(d) fails to appear for the Inspection.

(4) Proof of Insured Value. For MSFH Program Grant Applications, proof of insured value can be provided in the form of either a home insurance quote or declarations page. The document must demonstrate the current limit of liability for dwelling coverage.

(5) Contractor Selection. The MSFH Program will verify the Contractor information provided by the Homeowner in the Grant Application and will only approve Grant Applications that list a Contractor who is licensed and certified with the Department of Business and Professional Regulation as one of the following:

(a) General Contractor;

(b) Building Contractor;

(c) Residential Contractor;

(d) Specialty Contractor; or

(e) Roofing Contractor.

(6) Disbursement Requirements. In order to receive Grant funds, the Homeowner shall provide the following documentation to the MSFH Program through a Draw Request:

(a) the Contractor’s invoice;

(b) proof of full payment; and

(c) proof of insurance premium discount, if any.

(7) Low-Income Grant Exemptions. Homeowners participating in the MSFH Program through a Low-Income Grant are exempt from the insured value requirement.

(8) Eligible Improvements. Improvements must be recommended in the Initial Inspection Report and observed in the Final Inspection Report to be eligible for Grant funding. The MSFH Program will not provide grant funds for any construction that is not recommended in the Initial Inspection Report.

(a) Townhouses can only qualify for Grant funding for opening protection Improvements.

(b) Only the specific openings recommended for upgrades in the Initial Inspection Report are eligible for Grant funding for opening protection Improvements.

(c) If successful installation of an Improvement requires replacement of the roof covering, the cost of the roof covering replacement will also be eligible for Grant funding.

(9) Determining Costs. Mitigation Project costs include applicable contractor overhead, indirect costs, profit, taxes, and permitting. Any other costs that are associated with construction activities at the property are not authorized for Grant funding and should be invoiced separately. Any differences in costs between the contractor’s invoice and the information submitted in a Draw Request should be noted by the Homeowner.

(10) Assigning Matching Grant Funds. A Homeowner shall not assign any Matching Grant funds under the MSFH Program to any other person or entity. Any attempts to assign, encumber, or transfer Matching Grant funds shall result in a denial of the Grant Application and the MSFH Program will not pay the Matching Grant.

(11) Final Inspections. A Homeowner must allow the home to be re-inspected after the Mitigation Project is completed. For all Mitigation Projects, the Homeowner shall request a Final Inspection within one (1) year of the date the Homeowner received approval of their Grant Application. To request the Final Inspection, the Homeowner shall return to the MSFH Program’s Applicant Portal, https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#, after the Mitigation Project is complete. The Homeowner will receive only one (1) free MSFH Program Final Inspection.

Rulemaking Authority 215.5586 FS. Law Implemented 215.5586 FS. History–New 9-13-23, Amended __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Steven Fielder, Chief Business Officer

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 13, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 10, 2024