Fla. Admin. Code Ann. R. 69JER23-1 - The My Safe Florida Home Program

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

(a) Construction contractor or contractor - A person or entity licensed by the Department of Business and Professional Regulation that has agreed to participate in the MSFH Program to perform home hardening retrofit improvements as recommended by a Wind Certification Entity.

(b) Detached - A residence that does not share a wall with another residence or building. Detached residences must have greater than zero clearance between it and other buildings. A garage under a contiguous roof with an eligible residence will be considered as part of the residence.

(c) Homeowner - A person who has the legal or equitable title to real estate.

(d) Low-Income Grant - one of two grants under the MSFH Program that pays up to $5,000 towards recommended home hardening construction projects. The homeowner is not required to pay any money in order to receive Low-Income Grant funds.

(e) Matching Grant - one of two grants under the MSFH Program that pays up to $10,000 towards recommended home hardening construction projects. The homeowner must pay in full for the construction up front and will be reimbursed $2 for every $1 spent on the qualifying construction project.

(f) Single-family or single-family residence - A residence that is a single unit. Single-family does not include vacation homes, second homes, rental properties, apartments, businesses, and multi-family dwellings. Multi-family dwellings are homes that are built to accommodate more than one family unit and include duplexes, triplex, quadplexes, multiplexes, condominiums, or cooperative residences.

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

(h) Wind Certification Entity (WCE) or inspector - A state contractor that performs wind mitigation home inspections for the MSFH Program.

(i) Wind mitigation grant - A grant to assist homeowners to harden an eligible home against hurricane damage that are recommended by a WCE.

(j) Wind mitigation home inspection or inspection - A home inspection performed by a WCE that must provide the following information:

1. A summary of the results and identified recommendations for improvements the homeowner may make to mitigate their home against future hurricane damage;

2. A range of cost estimates regarding the recommended mitigation improvements; and

3. A range of potential insurance premium discounts available from initial inspection and proposed mitigation actions.

Wind Certification Entities must only recommend mitigation improvements that will provide a potential home insurance premium discount or that will improve the home's hurricane rating. Wind Certification Entities shall use the Form OIR-B1-1802 Uniform Mitigation Verification Inspection Form, incorporated by reference in Rule 69O-170.0155, F.A.C. to perform the wind mitigation home inspection. The term inspection shall include an initial home inspection, any mandated quality assurance inspection, and an inspection after mitigation construction is complete prior to reimbursement.

(2) Homeowners interested in requesting a free wind mitigation home inspection through the My Safe Florida Home Program shall complete and submit Form DFS-O1-005, Inspection Application, effective 03/23, hereby incorporated by reference, available at the following website: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#.

(3) Instructions for completing and submitting the Homeowner Inspection Application can be found on Form DFS-O1-001, Homeowner's Guide, effective 03/23, hereby incorporated by reference, available at the following website: https://mysafeflhome.com/wp-content/uploads/2023/01/1-10-23-MSFH-Homeowners-Guide-Version-1.1-1923-POST.pdf.

(4) The homeowner shall coordinate directly with the WCE to schedule the wind mitigation home inspection. The WCE shall make three (3) attempts to schedule the inspection. If the homeowner declines an inspection, refuses to allow the WCE access, fails to schedule the inspection with the WCE, or fails to appear for the inspection, the inspection application will be closed and no further action will be taken by the MSFH Program.

(5) Homeowners interested in applying for a Matching Grant through the My Safe Florida Home Program shall complete and submit Form DFS-O1-007, Grant Application, effective 03/23, hereby incorporated by reference, available at the following website: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#.

(6) Homeowners interested in applying for a Low-Income Grant, and that meet the definition of low-income pursuant to section 420.0004(11), F.S., shall complete the Form DFS-O1-007, Grant application.

(7) Grant qualifications for Matching Grants and Low-Income Grants can be found in DFS-O1-001, Homeowner's Guide.

(8) All homeowners that receive a Matching Grant or a Low-Income Grant must allow the home to be re-inspected after construction work has been completed.

(9) All homeowners who receive a grant or reimbursement shall provide the MSFH Program with proof from their home insurer of the amount of any home insurance premium discounts applied after the mitigation improvement construction is complete.

(10) Homeowners shall not assign any grant funds under the MSFH Program to any other person or entity. Any homeowner that attempts to assign, encumber, or transfer grant funds shall result in a denial of the grant application and the MSFH Program will not pay the grant.

(11) Contractors interested in participating in the MSFH Program shall complete and submit Form DFS-O1-004, Construction Contractor Participation & Assurance Form, effective 03/23, hereby incorporated by reference, available at the following website: https://msflh.com/contractor/.The Department, or its designee, will maintain a list of eligible Construction Contractors approved to participate in the My Safe Florida Home Program. The list of approved Construction Contractors can be found at: https://www.neighborlysoftware.com/dashboard/mysafefloridaprogram/.

(12) To be eligible to participate in the MSFH Program as a contractor, and to be included in the Department's list of approved contractors, a contractor must:

(a) Be licensed and certified with the Department of Business and Professional Regulation as one of the following:

1. General Contractor;

2. Building Contractor;

3. Residential Contractor;

4. Specialty Contractor; or

5. Roofing Contractor.

(b) Maintain appropriate insurance as required under Rule 61G4-15.003, F.A.C.

(c) Maintain Workers' Compensation coverage for all employees as required by Chapter 440, F.S.,

(d) Submit a completed DFS-O1-004, Construction Contractor Participation and Assurance Form, and

(e) Register with the Department or it's designee, at the following website: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/contractor#.

(13) The contractor list shall be maintained by the Department, or its designee, and include the following information, as provided by the participating contractor:

(a) The business name of the contractor;

(b) The contractor's website address, if provided by the contractor;

(c) The contractor's telephone number;

(d) The contractor's permanent business address; and

(e) County or counties in which the contractor is willing to perform work under the My Safe Florida Home Program.

(14) It is the Construction contractor's responsibility and obligation to assure that their business complies with any applicable licensing and fictitious name requirements under Florida law.

(15) Contractors participating in the MSFH Program must provide homeowners with invoices that must include the following information from the Contractor:

(a) Contractor's name;

(b) Contact name, mailing address, telephone number and email address;

(c) Federal Employer Identification Number;

(d) Proof of business incorporation with the Florida Department of State;

(e) License Number(s); and

(f) Proof of appropriate insurance as required for licensure.

(16) The contractor shall provide the homeowner proof of full payment for services rendered to the homeowner.

(17) A contractor that does not meet the requirements of this rule shall not be eligible to participate in the MSFH Program until the contractor can provide documentary proof of compliance with the requirements stated in this Rule. The Department, or its designee, will contact the appropriate licensing authority to verify that said license is in good standing. Any Construction Contractor Participation and Assurance Form submitted with inaccurate or incomplete information will not be processed by the Department.

(18) A contractor that fails to maintain compliance with this rule will be removed from the list of eligible Construction contractors. Additionally, any contractor that has made a material misrepresentation on the Construction Contractor Participation and Assurance Form will be removed from the list of eligible Construction contractors.

(19) MSFH Program grant funds shall only be used to make payment towards authorized improvements identified on the WCE's inspection report.

(20) Matching Grants under the MSFH Program will provide up to $10,000 in reimbursement funds directly to homeowners based on a $2 to $1 match for every dollar the homeowner pays for a qualifying home hardening construction project. After the construction project is complete, the homeowner must pay the contractor in full. The homeowner must then provide the following information to the MSFH Program through the portal at: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant:

(a) a completed Form DFS-O1-003, Matching Grant Invoice Cover Sheet, effective 03/23, hereby incorporated by reference, available at the following website: https://benevate.blob.core.windows.net/mysafeflprogram-public/Matching%20Grant%20Invoice%20Cover%20Sheet%201.0.pdf;

(b) the contractor's invoice;

(c) proof of payment; and

(d) proof of a premium discount.

(21) Low-Income Grants under the MSFH Program will provide an up to $5,000 payment directly to homeowners that will be immediately paid to the Construction contractor hired to perform the home hardening construction project. Instruction to Construction contractors regarding participation in the Low-Income grant portion of the MSFH Program, including how to be paid for construction services, can be found on the Form DFS-O1-006, Construction Contractor Manual, effective 03/23, hereby incorporated by reference, available at the following website: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/contractor#.

(22) After a homeowner is approved to participate in the Low-Income grant portion of the MSFH Program, using the DFS-O1-007, Grant Application, the homeowner should return to the portal at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant and must select the Construction contractor the homeowner intends to hire to perform the home hardening construction project.

(23) After the home hardening construction project is complete, the homeowner must then upload the following information to the MSFH Program through the portal at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#:

(a) the Form DFS-O1-002, Low Income Grant Invoice Cover Sheet, effective 03/23, hereby incorporated by reference, available at the following website: https://benevate.blob.core.windows.net/mysafeflprogram-public/Low%20Income%20Invoice%20Cover%20Sheet%201.0.pdf;

(b) the contractor's invoice; and

(c) proof of a premium discount.

(24) All homeowners who receive a grant under the MSFH Program must make their home available for a final inspection.

(25) The MSFH Program is subject to continued funding by the Florida Legislature. Any applications for grants or inspections that are open once funding is exhausted will be closed and no further action will be taken by the Department.

Notes

Fla. Admin. Code Ann. R. 69JER23-1

Rulemaking Authority 215.5586 FS. Law Implemented 215.5586 FS.

Adopted by Florida Register Volume 49, Number 055, March 21, 2023 effective 3/16/2023.