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My Safe Florida Program for Condominiums

Comprehensive Reform to My Safe Florida Home Program 

On April 24, 2024 Governor Desantis signed into law HB 1029. Special thanks to the Community Association Institute of Florida for lobbying to allow condominium associations to participate in the very popular grant rebate program which could lead to insurance savings. 

Who can participate? 

Condominium Association within 15 miles of the coastline. 

How does this program work? 

A Condominium Association may seek a free inspection for hurricane mitigation and then a grant for qualified hurricane safety projects and improvements. The grant program is a matching grant by the State to funds spent by the Association. 

What does the Board need to do to apply for an inspection? 

To apply for an inspection, the condominium association must receive approval by majority vote of the board of directors or a majority vote of the total voting interests of the association. An application for an inspection must contain a signed or electronically verified statement made under penalty of perjury by the president of the board of directors that the association has submitted only a single application for each property that the association operates or maintains.

What does the Board need to do to apply for a grant? What is the process? 

To apply for a grant, an association must receive both of the following:

 (1) Approval by a majority vote of the board of directors or a majority vote of the total voting interests of the association to participate in a mitigation inspection; AND
 (2) A unanimous vote of all unit owners within the building that is the subject of the mitigation grant.

  • Within 14 days after an affirmative vote to participate in the program, the association must provide written notice to all unit owners of the decision.
  • The votes required may take place at the annual budget meeting or at a unit owner meeting called for the purpose. Before a vote may be taken, the association must provide the unit owners a clear disclosure of the program on a form created by the Division of Financial Services.
  • The president and treasurer of the board must sign the disclosure form indicating that a copy of the form was provided to each unit owner of the association.
  • The signed disclosure form and the minutes from the meeting at which the unit owners voted to participate in the program must be maintained as part of the official records.

An application for a grant must contain a statement under penalty of perjury by the president that the association has submitted only a single application for each property that the association operates or maintains and must include a notarized statement from the president containing the name and license number of each contractor the association intends to use for the mitigation project. The application includes a notarized statement from the president which commits to the department that the association will complete the mitigation improvements.

An association awarded a grant must complete the entire mitigation project to receive the final grant award and must agree to make the property available for final inspection once the project is finished.

What does the inspection include?

• An inspection of the property and a report that summarizes the results and identifies recommended improvements.
• A range of cost estimates regarding the recommended mitigation improvements.
• Information regarding estimated insurance premium discounts.

How do the mitigation grants work? 

Grants may be used by associations to make improvements recommended in a hurricane mitigation inspection report. These improvements may include:

  • Opening protection, including exterior doors, garage doors, windows, and skylights
  • Reinforcing roof-to-wall connections
  • Improving the strength of roof-deck attachments
  • Secondary water resistance for roof

The construction must be completed, and the association must submit a request to the department for a final inspection within 1 year after receiving grant approval. If the association fails to comply, the application is deemed abandoned, and the grant money reverts back to the department.

Grant projects are funded as follows:
- All grants must be matched on the basis of $1.00 provided by the association for $2.00 provided by the State of Florida.
-  For roof-related projects, the grant contribution is $11.00 per square foot multiplied by the square footage of the replacement roof, not to exceed $1,000 per unit, with a maximum grant award of 50 percent of the cost of the project.
- For opening protection-related projects, the grant contribution is a maximum of $750 per replacement window or door, not to exceed $1,500 per unit, with a maximum grant award of 50 percent of the cost of the project.

NOTE: An association may receive grant funds for both roof-related and opening protection- related projects, but the maximum total grant award may not exceed $175,000 per association.

Florida's Department of Financial Services is in the process of determining how to implement this new opportunity for associations and may contract with third parties for grant management, inspections services etc. 

If you are Florida condominium board member, property manager, or community association leader with questions about these recent legislative updates, feel free to contact us!

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The PeytonBolin team is here to help. We handle real estate matters but if you need another type of attorney, we will do our best to point you in the right direction with referrals.