S 1706

Florida Senate - 2026  CS for SB 1706
By the Committee on Appropriations; and Senator Pizzo
576-03008-26  20261706c1
1A bill to be entitled
2An act relating to the My Safe Florida Condominium
3Pilot Program; amending s. 215.55871, F.S.; defining
4the term “area median income”; deleting the definition
5of the term “service area”; revising definitions;
6revising eligibility requirements for participation in
7the My Safe Florida Condominium Pilot Program;
8requiring the Department of Financial Services to
9adopt rules to verify household income; authorizing
10the department to require periodic recertification;
11specifying that condominium property with mixed-income
12occupancies is eligible to participate in the pilot
13program under certain circumstances; authorizing
14financial grants to be used by associations for a
15specified purpose; requiring that an application for a
16mitigation grant include documentation to verify
17household income; making clarifying changes; requiring
18a hurricane mitigation inspector to verify the
19possession of water intrusion mitigation devices;
20limiting the award of grant funds; requiring an
21association to complete a certain percentage of
22opening protection improvements; providing an
23effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27Section 1. Subsections (1), (2), and (5) of section
28215.55871, Florida Statutes, are amended to read:
29215.55871 My Safe Florida Condominium Pilot Program.—There
30is established within the Department of Financial Services the
31My Safe Florida Condominium Pilot Program to be implemented
32pursuant to appropriations. The department shall provide fiscal
33accountability, contract management, and strategic leadership
34for the pilot program, consistent with this section. This
35section does not create an entitlement for associations or unit
36owners or obligate the state in any way to fund the inspection
37or retrofitting of condominiums in the state. Implementation of
38this pilot program is subject to annual legislative
39appropriations. It is the intent of the Legislature that the My
40Safe Florida Condominium Pilot Program provide licensed
41inspectors to perform inspections for and grants to eligible
42associations as funding allows.
43(1) DEFINITIONS.—As used in this section, the term:
44(a)“Area median income” means the median household income,
45as published annually by the United States Department of Housing
46and Urban Development, for the county in which the condominium
47property is located.
48(b)[(a)] “Association” has the same meaning as in s. 718.103.
49(c)[(b)] “Association property” means property, real and
50personal, which is owned or leased by, or is dedicated by a
51recorded plat to, an association for the use and benefit of its
52members [and is located in the service area].
53(d)[(c)] “Board of administration” has the same meaning as in
54s. 718.103.
55(e)[(d)] “Condominium” has the same meaning as in s. 718.103.
56For purposes of this section, the term does not include detached
57units on individual parcels of land.
58(f)[(e)] “Condominium property” means the lands, leaseholds,
59and personal property that are subjected to condominium
60ownership, whether or not contiguous, and all improvements
61thereon and all easements and rights appurtenant thereto
62intended for use in connection with the condominium [and are]
63[located in the service area].
64(g)[(f)] “Department” means the Department of Financial
65Services.
66(h)[(g)] “Property” means association property and
67condominium property, as applicable[, located in the service]
68[area].
69[(h)][“Service area” means the area of the state which is 15]
70[miles inward of a coastline, as that term is defined in s.]
71[376.031.]
72(i) “Unit” has the same meaning as in s. 718.103.
73(j) “Unit owner” has the same meaning as in s. 718.103.
74(2) PARTICIPATION.—
75(a) Participation in the pilot program is limited to:
761.Condominium associations in which the structures or
77buildings on the condominium property were constructed before
78January 1, 2008.
792.Condominium associations in which at least 80 percent of
80the occupied units within the condominium property are owned and
81occupied by a person or family whose household annual income is
82at or below 80 percent of the area median income, adjusted for
83household size, applicable to the county in which the
84condominium is located. Eligibility must be determined using the
85area median income published at the time an application is
86submitted. For purposes of determining whether a condominium
87association meets the 80 percent unit-occupied threshold:
88a.Only occupied residential units may be counted.
89b.Owner-occupied residential units may be counted as long
90as the persons or families living in such residential units
91provide income documentation to the department and the
92department has verified that such person or family meets the
93income requirements of this subparagraph.
943. Structures or buildings on the condominium property
95which are three or more stories in height, provided that each
96structure or building that is the subject of a mitigation grant
97contains at least two single-family dwellings.
98(b)The department shall adopt rules establishing
99acceptable methods for verifying household income, including,
100but not limited to, owner self-certification, tax returns,
101income statements, or other documentation deemed sufficient by
102the department. The department may require periodic
103recertification of income eligibility to ensure compliance with
104this section.
105(c)A condominium property with mixed-income occupancies is
106eligible to participate in the pilot program under this section
107if the income threshold in subparagraph (a)2. is met.
108(d)[(b)] In order to apply for an inspection under subsection
109(4) or a grant under subsection (5) for association property or
110condominium property, an association must receive approval by a
111majority vote of the board of administration or a majority vote
112of the total voting interests of the association to participate
113in the pilot program. An association may not apply for an
114inspection under subsection (4) or a grant under subsection (5)
115for association property or condominium property unless the
116association has complied with the inspection requirements in ss.
117553.899 and 718.112(2)(g) and (h). An association may not apply
118for a grant under sub-subparagraph (5)(e)1.a. [subparagraph]
119[(5)(e)1.] for association property or condominium property unless
120the windows of the association property or condominium property
121are established as common elements in the declaration.
122(e)[(c)] In order to apply for a grant under subsection (5)
123which improves one or more units within a condominium, an
124association must receive both of the following:
1251. Approval by a majority vote of the board of
126administration or a majority vote of the total voting interests
127of the association to participate in a mitigation inspection.
1282. Approval by at least 75 percent of all unit owners who
129reside within the structure or building that is the subject of
130the mitigation grant.
131(f)[(d)] A unit owner may participate in the pilot program
132through a mitigation grant awarded to the association but may
133not participate individually in the pilot program.
134(g)[(e)] The votes required under this subsection may take
135place at the annual budget meeting of the association or at a
136unit owner meeting called for the purpose of taking such vote.
137Before a vote of the unit owners may be taken, the association
138must provide to the unit owners a clear disclosure of the pilot
139program on a form created by the department. The president and
140the treasurer of the board of administration must sign the
141disclosure form indicating that a copy of the form was provided
142to each unit owner of the association. The signed disclosure
143form and the minutes from the meeting at which the unit owners
144voted to participate in the pilot program must be maintained as
145part of the official records of the association. Within 14 days
146after an affirmative vote to participate in the pilot program,
147the association must provide written notice in the same manner
148as required under s. 718.112(2)(d) to all unit owners of the
149decision to participate in the pilot program.
150(5) MITIGATION GRANTS.—Financial grants may be used by
151associations to make improvements that [recommended in a]
152[hurricane mitigation inspection ][report which] increase the
153condominium’s resistance to hurricane damage as provided in this
154subsection.
155(a) An application for a mitigation grant must:
1561. Contain a signed or electronically verified statement
157made under penalty of perjury by the president of the board of
158administration that the association has submitted only a single
159application for each property that the association operates or
160maintains.
1612. Include a notarized statement from the president of the
162board of administration containing the name and license number
163of each contractor the association intends to use for the
164mitigation project.
1653. Include a notarized statement from the president of the
166board of administration which commits to the department that the
167association will complete the mitigation improvements. If the
168grant will be used to improve units, the application must also
169include an acknowledged statement from each unit owner who is
170required to provide approval for a grant under paragraph (2)(e)
171[(2)(c)].
1724.Include documentation deemed sufficient by the
173department under paragraph (2)(b) for verifying household
174income.
175(b) An association may select its own contractors for the
176mitigation project as long as each contractor meets all
177qualification, certification, or licensing requirements in
178general law. A mitigation project must be performed by a
179properly licensed contractor who has secured all required local
180permits necessary for the project. The department must
181electronically verify that the contractor’s state license number
182is accurate and up to date before approving a grant application.
183(c) An association awarded a grant must complete the entire
184mitigation project in order to receive the final grant award and
185must agree to make the property available for a final inspection
186once the mitigation project is finished to ensure the mitigation
187improvements are completed in a manner consistent with the
188intent of the pilot program and meet or exceed the applicable
189Florida Building Code requirements. Construction must be
190completed and the association must submit a request to the
191department for a final inspection, or request an extension of
192time, within 1 year after receiving grant approval. If the
193association fails to comply with this paragraph, the application
194is deemed abandoned and the grant money reverts back to the
195department.
196(d) Grant projects shall be funded as follows:
1971. All grants must be matched on the basis of $1 provided
198by the association for $2 provided by the state toward the
199actual cost of the project.
2002. An association may receive grant funds for both roof
201related and opening protection-related projects, but the maximum
202total grant award may not exceed $175,000 per association.
2033. The department may not accept grant applications or
204maintain a waiting list for grants after the cumulative value of
205the grants awarded have fully obligated the appropriation,
206unless otherwise expressly authorized by the Legislature.
207(e) Grant funds may only be used for the following:
2081. [water intrusion mitigation devices or] Mitigation
209improvements recommended in a hurricane mitigation inspection
210report which [that] will result in a mitigation credit, discount,
211or other rate differential for the building or structure to
212which the improvement is [such device or improvement is applied]
213[or] made, including[. When recommended by a hurricane mitigation]
214[inspection report, grants for eligible associations may be used]
215[for] the following improvements:
216a.[1.] Opening protection improvements, including all of the
217following:
218(I)[a.] Exterior doors.
219(II)[b.] Garage doors.
220(III)[c.] Windows.
221(IV)[d.] Skylights.
222b.[2.] Roof improvements, including all of the following:
223(I)[a.] Reinforcing roof-to-wall connections.
224(II)[b.] Improving the strength of roof-deck attachments.
225(III)[c.] Installing secondary water resistance for the roof.
226(IV)[d.] Replacing the roof covering.
2272.Water intrusion mitigation devices designed to prevent
228wind-driven rainwater intrusion through the tracks of sliding
229glass doors.Grant funds authorized under this subparagraph are
230not contingent upon a recommendation in a hurricane mitigation
231inspection report. However, a hurricane mitigation inspector
232must verify the use of such a device.
233(f) Except for the water intrusion mitigation devices as
234specified in subparagraph (e)2., mitigation improvements must be
235identified in the final hurricane mitigation inspection report
236in order for an association to receive grant funds.
237(g) If improvements to protect the property which [that]
238complied with the current applicable building code at the time
239have been previously installed, the association must use a
240mitigation grant to install improvements that do both of the
241following:
2421. Comply with or exceed the applicable building code in
243effect at the time the association applied for the grant.
2442. Provide more hurricane protection than the improvements
245that the association previously installed.
246(h) The association may not use a mitigation grant to:
2471. Install the same type of improvements that were
248previously installed; or
2492. Pay a deductible for a pending insurance claim for
250damage that is part of the property for which grant funds are
251being received.
252(i) The department shall develop a process that ensures the
253most efficient means to collect and verify inspection and grant
254applications to determine eligibility. The department may direct
255hurricane mitigation inspectors to collect and verify inspection
256and grant application information or use the Internet or other
257electronic means to collect information and determine
258eligibility.
259(j) Grant funds may only be awarded for a mitigation
260improvement that addresses the common elements of the
261condominium property [that will result in a mitigation credit,]
262[discount, or other rate differential for the building or]
263[structure to which the improvement is made]. As a condition of
264receiving [awarding] a grant, the association [department] must
265complete 100 percent of the opening protection improvements to
266the common elements which were recommended in the final
267hurricane mitigation inspection report [require mitigation]
268[improvements to be made to all openings], including exterior
269doors, garage doors, windows, and skylights that are a part of
270the common elements[, if doing so is necessary for the building]
271[or structure to qualify for a mitigation credit, discount, or]
272[other rate differential].
273Section 2. This act shall take effect July 1, 2026.