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

Terms Used In Florida Regulations 69J-7.001

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
    (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 Mitigation Projects as recommended by the WCE in a MSFH Program Inspection report.
    (b) Homeowner – A person who holds the legal title to real property.
    (c) Authorized Improvements or Improvements – Features that make a home more resistant to hurricane damage. The MSFH Program will only authorize grant funds for the following Improvements when recommended by a WCE in a MSFH Program Inspection report: installing opening protection; strengthening exterior doors, including garage doors; reinforcing roof-to-wall connections; improving the strength of roof-deck attachments; and installing a secondary water barrier for the roof of the home.
    (d) Low-Income Grant – One of two Mitigation Grants under the MSFH Program that pays up to $10,000 towards a Homeowner’s Mitigation Project. The Low-Income Grant is not a reimbursement grant. Under a Low-Income Grant, the Homeowner is not required to pay any money up front; however, the Homeowner is responsible for any Mitigation Project costs exceeding $10,000.
    (e) Matching Grant – One of two Mitigation Grants under the MSFH Program that pays up to $10,000 towards a Homeowner’s Mitigation Project. Under the Matching Grant, the Homeowner must pay in full for the construction up front and will be reimbursed $2 for every $1 spent on the qualifying Mitigation Project, up to a MSFH Program $10,000 reimbursement. The Homeowner under a Matching Grant must contribute funds equal to one-third of the total cost of the Mitigation Project to be reimbursed for the remaining two-thirds, up to a maximum MSFH Program contribution of $10,000.
    (f) Mitigation Grant or Grant – A grant, either Low-Income Grant or Matching Grant, to assist a Homeowner to pay for their Mitigation Project to harden a Single-Family Home or Townhouse against hurricane damage.
    (g) Mitigation Inspection or Inspection – A home inspection performed by a WCE pursuant to the MSFH Program. The Inspection report must provide the information required by Florida Statutes § 215.5586 The Inspector shall use Form OIR-B1-1802, Uniform Mitigation Verification Inspection Form, incorporated by reference in Fl. Admin. Code R. 69O-170.0155, to perform the Inspection. The term “”Inspection”” shall include an initial inspection, a quality assurance inspection, and a final inspection after the Mitigation Project is complete.
    (h) Mitigation Project or Project – The Improvements made to a Single-Family Home or Townhouse by a Contractor based on the recommendations by the WCE in a MSFH Program Inspection report.
    (i) Single-Family Home – A detached, residential property classified with an “”01″” land use code by the local county’s property appraiser pursuant to Fl. Admin. Code R. 12D-8.008 Unless classified with an “”01″” land use code, single-family does not include condominiums, multi-family homes (such as apartments, duplexes, and triplexes), cooperatives, retirement homes, second homes, vacation homes, and rental properties. A property that is classified with an “”01″” land use code, but that is not detached, will be treated as a Townhouse for the purposes of the MSFH Program. A Single-Family Home must:
    1. Have a building permit application made before January 1, 2008;
    2. Have an insured value of $700,000 or less; and
    3. Have a homestead exemption.
    (j) Site-built – A home 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.
    (k) Townhouse – Defined in Florida Statutes § 481.203 For MSFH Program purposes, the Townhouse must:
    1. Have a building permit application made before January 1, 2008;
    2. Have an insured value of $700,000 or less; and
    3. Have a homestead exemption.
    (l) Wind Certification Entity (WCE) or Inspector – A state contractor that performs Mitigation Inspections for the MSFH Program.
    (2) MSFH Program Application Process. A Homeowner that intends to participate in the MSFH Program shall first apply for an Inspection. After the initial Inspection is completed and the Homeowner has received the WCE’s MSFH Program Inspection report, the Homeowner may then apply for a Grant to perform a Mitigation Project. After a Mitigation Project is complete, the Homeowner shall request an Inspection. After the final Inspection is complete, the Homeowner shall apply for a disbursement of the appropriate Grant funds. If the Homeowner begins any construction prior to receiving the initial MSFH Program Inspection report, the construction will not be authorized by the MSFH Program and the MSFH Program will not pay Grant funds towards the construction.
    (3) Inspection Application. A Homeowner interested in requesting a free Mitigation Inspection through the MSFH Program shall complete and submit Form DFS-O1-005, Application, effective 07/23, incorporated herein by reference, available at the following websites: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant# and https://www.flrules.org/Gateway/reference.asp?No=Ref-15831.
    (4) Grant Application. A Homeowner interested in applying for a Mitigation Grant through the MSFH Program shall complete and submit Form DFS-O1-005, Application, available at the following websites: https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant# and https://www.flrules.org/Gateway/reference.asp?No=Ref-15831.
    (5) Application Instructions. Instructions for completing and submitting Form DFS-O1-005, Application, can be found on 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-15828.
    (6) Grant Eligibility. Requirements for Mitigation Grants can be found in Form DFS-O1-008, Contractor Confirmation and Reimbursement Guide, effective 07/23, incorporated herein by reference, available at the following websites: https://msflh.com/wp-content/uploads/2023/06/MSFH-Contractor-Confirmation-and-Reimbursement-Guide.pdf and https://www.flrules.org/Gateway/reference.asp?No=Ref-15833. Contractors shall also follow the instructions for disbursement of Mitigation Grant funds found in Form DFS-O1-008, Contractor Confirmation and Reimbursement Guide.
    (7) Scheduling Mitigation Inspections. Upon Inspection application approval, the Homeowner and Inspector shall coordinate to schedule the Mitigation Inspection. The Inspection 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.
    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.
    (8) Selecting a Contractor. Prior to beginning the Mitigation Project, the Homeowner must return to the portal, available at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#, and must select the Construction Contractor that the Homeowner intends to hire to perform the Mitigation Project. Failure to select a Construction Contractor from the authorized Contractor list prior to beginning the Mitigation Project will result in a denial of Grant payment.
    (9) Matching Grants. In order to receive Matching Grant funds, the Homeowner must provide the following information to the MSFH Program through the portal at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#:
    (a) A completed Form DFS-O1-002, Grant Invoice Cover Sheet, effective 07/23, incorporated herein by reference, available at the following websites: https://msflh.com/wp-content/uploads/2023/06/MSFH-Grant-Invoice-Cover-Sheet.pdf and https://www.flrules.org/Gateway/reference.asp?No=Ref-15829;
    (b) The Contractor’s invoice;
    (c) Proof of full payment; and
    (d) Proof of any insurance premium discount.
    (10) Low-Income Grants. In order to receive Low-Income Grant funds, the Homeowner must provide the following information to the MSFH Program through the portal at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#:
    (a) A completed Form DFS-O1-002, Grant Invoice Cover Sheet;
    (b) The Contractor’s invoice; and
    (c) Proof of any insurance premium discount.
    (11) Eligible Improvements. The MSFH Program will only fund Mitigation Projects that are recommended by the WCE in a MSFH Program Inspection report. Single-Family Homes will qualify for any MSFH Program Improvements, while Townhouses will only qualify for opening protection Improvements.
    (12) Assigning 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.
    (13) Final Inspection. A Homeowner who receives a Mitigation Grant must allow the home to be re-inspected after the Mitigation Project has been completed. For all Mitigation Projects, the Homeowner must request a final Inspection within one (1) year of the date the Homeowner received approval of their Grant application, or by July 1, 2024, whichever comes first. To request the final Inspection, the Homeowner must return to the portal, at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/Participant#, after the Mitigation Project is complete. The Homeowner will receive only one (1) free MSFH Program final Inspection.
    (14) Contractor Requirements. A Contractor interested in participating in the MSFH Program shall complete and submit Form DFS-O1-004, Construction Contractor Participation & Assurance Form, effective 07/23, incorporated herein by reference, available at the following websites: https://msflh.com/wp-content/uploads/2023/06/MSFH-Contractor-Participation-and-Assurance-Form.pdf and https://www.flrules.org/Gateway/reference.asp?No=Ref-15830. The MSFH Program will maintain a list of Construction Contractors authorized to participate in the MSFH Program.
    (a) To be authorized to participate in the MSFH Program as a Contractor, and to be included in the list of authorized Contractors, a Contractor must:
    1. Be 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.
    2. Maintain appropriate insurance as required under Fl. Admin. Code R. 61G4-15.003;
    3. Maintain Workers’ Compensation coverage for all employees as required by chapter 440, F.S.;
    4. Submit a completed Form DFS-O1-004, Construction Contractor Participation & Assurance Form; and
    5. Register with the MSFH Program through the portal at https://portal.neighborlysoftware.com/MYSAFEFLPROGRAM/contractor#.
    (b) It is the Contractor’s responsibility to maintain compliance with any applicable licensing and fictitious name requirements under Florida law.
    (c) A Contractor 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 MSFH Program will contact the appropriate licensing authority to verify that the required license is in good standing. Any Form DFS-O1-004, Construction Contractor Participation & Assurance Form, submitted with inaccurate or incomplete information will not be processed.
    (15) Contractor Manual. Instructions for Construction Contractors regarding participation in the MSFH Program, including how to receive payment for Low-Income Grant Improvements, can be found on the Form DFS-O1-006, Contractor Manual, effective 07/23, incorporated herein by reference, available at the following websites: https://msflh.com/wp-content/uploads/2023/06/MSFH-Contractors-Manual.pdf and https://www.flrules.org/Gateway/reference.asp?No=Ref-15832.
    (16) Contractor List. The Contractor list maintained by the MSFH Program shall 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 MSFH Program.
    (17) Contractor Removal. The MSFH Program shall remove an authorized Contractor from the list of authorized Construction Contractors and authorization to participate in the MSFH Program will be revoked, if the Contractor:
    (a) Fails to comply with the requirements of Form DFS-O1-006, Contractor Manual;
    (b) Violates any provision of Florida Statutes § 215.5586;
    (c) Fails to comply with the requirements of Form DFS-O1-004, Construction Contractor Participation & Assurance Form, or misrepresents information provided on Form DFS-O1-004;
    (d) Makes any willful misrepresentations to a Homeowner about the MSFH Program; or
    (e) Fails to respond to a Homeowner or MSFH Program communications within 15 days.
    (18) Invoices. Contractors participating in the MSFH Program shall provide Homeowners with invoices that must include the following information:
    (a) Contractor’s name;
    (b) Contractor’s mailing address, telephone number, and e-mail address;
    (c) Federal Employer Identification Number; and
    (e) License number.
    (19) Proof of Payment. The Contractor shall, within 24 hours of receipt of full payment, provide the Homeowner with proof of full payment for services rendered to the Homeowner.
Rulemaking Authority 215.5586 FS. Law Implemented Florida Statutes § 215.5586. History-New 9-13-23.