Current through Reg. 50, No. 187; September 24, 2024
(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-16724.
(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-16721.
(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-16723.
(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-16720.
(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-16722.
(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.
(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.
New 9-13-23.