My Safe Florida Home Grant Standards Rule Development Workshop Report

A Colodny Fass representative recently attended two Florida Department of Financial Services (“DFS”) Rulemaking Workshops (“Workshops”) addressing Proposed Rules relating to the State’s My Safe Florida Home (“MSFH”) program. 

Below is a review of the pertinent aspects and issues raised by the Proposed Rules.

 

Proposed Rule 69J-7.006: Grants Directly from the DFS to Homeowners; MSFH Grant Standards

MSFH provides grants to certain homeowners for hurricane damage mitigation work to their homes. This Proposed Rule establishes procedures for application and the award of grants to non-low income grant applicants in the MSFH program; sets forth the DFS interpretation of certain grant eligibility criteria that are specified only in general by the applicable statute and its interpretation as to the intended effect of changes made by the Legislature to the law in its 2007 Regular Session concerning homeowners previously issued grants or previously advised by the Department that they were eligible for a grant. Both low income and non-low income persons may receive grants, but low-income applicants are subject to different requirements. This Rule applies only to non low-income applicants.

Section (17) of the Proposed Rule amends section 215.5586(2)(a), F.S., effective June 12, 2007, by changing the grant eligibility requirements for persons receiving a completed home inspection after May 1, 2007 to be proscriptive only, and that homeowners who received a completed, State-sanctioned inspection on or prior to that date, remain eligible for a grant after that date.

DFS also states that effective June 12, 2007, it will implement legislative changes that reduced the types of retrofit improvement work eligible for grant subsidy from seven categories to three categories.

Prior to June 12, 2007, the Department had advised participating homeowners that they were eligible to apply for grant assistance for some or all of the four types of retrofit improvement work that were subsequently deleted by the Legislature.  The Department’s interpretation of the legislative intent of the amended changes is reflected in the Proposed Rule as it provides:

1. Grants approved by the Department in writing prior to June 12, 2007, remain in force applicable to all of the seven types of retrofit improvement work specified and approved in the initial grant for the particular house in question.

2. Homeowners who received a notice or letter from the Department dated prior to June 12, 2007, advising that they were eligible for grant assistance for some or all of the four retrofit improvements work that have subsequently been deleted from Section 215.5586, F.S., by operation of Ch. 2007-126, but who were not approved for a grant prior to June 12, 2007 are not eligible for a grant to accomplish any of the four types of retrofit improvement work deleted by the Legislature effective June 12, 2007, notwithstanding that the inspection report or other papers provided to them by the Department prior to June 12, 2007, which recommended, advised, or indicated that the homeowner was eligible to apply for a grant for one or more of the four types of deleted retrofit improvement work.

To view the full text of Proposed Rule 69J-7.006 and meeting notice, click here.

 

Proposed Rule 69J-7.007:  Grants-Medical Condition Exception

Proposed Rule 69J-7.007 provides a medical condition exception to the general provision set forth under Section 215.5586, F.S., which generally states that replacing one set of code compliant hurricane shutters with another set does not meet the statutory mandate that improvements funded by a MSFH program grant be used to make structures less vulnerable to hurricane damage.  This Proposed Rule provides for a procedure for those homeowners who have a medical condition that impairs shutter deployment to obtain a grant to replace shutters with a system that they will find easier to operate.

Section (3) of the Proposed Rule states if a homeowner who otherwise meets all criteria for a grant regarding opening protection (shutters) except that he or she already has the type of protection that meets Florida Building Code new construction requirements, establishes by written or medical opinion that he or she (or the applicant) is, for medical reasons, deemed incapable of or is advised against engaging in actions necessary to deploy and install the existing opening protection devices, or establishes by official letter from the Department of Veteran Affairs or Disabled American Veterans that he or she (or the applicant) is permanently or totally disabled, DFS will waive the prohibition set forth in the general statutory provision as stated above.

In regard to the “Required Medical Opinion,” the applicant must submit either:

(a) A written medical opinion on a physician’s letterhead which:

1. Bear the physician’s original signature
2. Is dated within the last six months
3. Contains a statement that in the physician’s opinion due to age, physical or medical condition, the applicant is not deemed to be currently physically capable of manually installing, removing, or deploying the existing opening protection devices, or is advised by the physician not to attempt to manually install, remove, or deploy the existing opening protection devises due to risk of serious injury or exacerbation of existing injury or medical condition

or

(b) An official letter from the Department of Veteran Affairs or Disabled American Veterans which;

1. Contains a description of the medical condition of the homeowner or that the homeowner is permanently or totally disabled; and
2. Is dated within 3-5 years of the date of application for grant.

To view the full text of Proposed Rule 69J-7.007 and meeting notice, click here.

Please note that the material above is a brief summary of issues pertaining to the Rule Development Workshops on Rules 69J-7.006 and 69J-7.007, as well as important aspects of the Rules themselves.  It is not intended to be a comprehensive review of any particular issues relating to the rules and/or programs discussed.  Further, this report should not be relied upon for making any specific decisions. 

Should you have any questions about any of the above matters, please do not hesitate to contact Colodny Fass.  This office will continue to follow this and other issues related to actions the Florida Department of Financial Services and/or the Florida Legislature pertaining to the Rules and programs discussed, and provide information on and analysis of those issues and events as they arise.

 

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