October 22, 2020
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_h0457__
HB 457

1
A bill to be entitled
2An act relating to low-income and moderate-income
3homeowners; providing for counties to establish a fund for
4providing no-interest loans to assist low-income and
5moderate-income homeowners in paying homeowners' insurance
6premiums; authorizing the governing authority of a county
7to levy surtaxes on building-related permits to finance
8the assistance fund; limiting the amount a family may
9receive from the fund in any year; requiring that a loan
10be repaid if the homestead is sold or refinanced;
11requiring that any proceeds from refinancing or selling a
12homestead be deposited back into the fund; defining the
13terms "low-income family" and "moderate-income family";
14providing requirements for the ordinance levying the
15surtax and creating the fund; specifying the amount of the
16surtaxes; providing limitations on the use of the fund;
17providing for the program to be adopted initially by the
18governing authority of certain constitutional charter
19counties and for later adoption in the remaining counties
20of the state; providing effective dates.
21
22Be It Enacted by the Legislature of the State of Florida:
23
24     Section 1.  Low-Income and Moderate-Income Homeowners'
25Insurance Premium Assistance Pilot Program.-
26     (1)  The governing authority of each county may levy a
27discretionary surtax on building-related permits for the purpose
28of establishing and financing a Low and Moderate Income
29Insurance Assistance Fund. This fund shall be used to make no-
30interest loans to assist low-income and moderate-income families
31who own homestead property in paying their homeowners' insurance
32premiums. These loans shall be made on a first-come, first-to-
33qualify basis. Seventy-five percent of the revenue in the fund
34in each county shall be used to provide loan assistance to low-
35income families and 25 percent of the revenue in the fund shall
36be used to provide loan assistance to moderate-income families.
37The maximum amount of any loan that a low-income family or
38moderate-income family may receive from the fund is $2,000 per
39year, and a check from the fund must be made payable to the
40homeowner's insurance company. When a homeowner who has received
41a loan from the fund sells or refinances his or her homestead
42property, that loan must be repaid from the proceeds of the sale
43or refinancing. Repayment of a loan made from the fund may be
44collected by the method provided for in ss. 197.3632 and
45197.3635, Florida Statutes, for non-ad valorem assessments, and
46may also be collected by any alternative method that is
47authorized by law. Any proceeds of repayment must be deposited
48into the Low and Moderate Income Insurance Assistance Fund. As
49used in this section, "low-income family" means a family whose
50income does not exceed 80 percent of the median income for the
51area and "moderate-income family" means a family whose income is
52in excess of 80 percent but less than 140 percent of the median
53income for the area.
54     (2)  The levy of the discretionary surtax and the creation
55of a Low and Moderate Income Insurance Assistance Fund shall be
56by an ordinance that sets forth the policies and procedures of
57the assistance program. The discretionary surtax must be levied
58as set forth in subsection (3). The ordinance shall be proposed
59at a regular meeting of the governing authority at least 2 weeks
60prior to formal adoption. Formal adoption is not effective
61unless approved on final vote by a majority of the total
62membership of the governing authority. The ordinance may not
63take effect until 90 days after formal adoption.
64     (3)  The county shall levy the discretionary surtax as
65follows:
66     (a)  One dollar per permit for building-related permits
67that are less than $11.
68     (b)  Two dollars per permit for building-related permits
69that are $11 to $99.99.
70     (c)  Five dollars per permit for building-related permits
71that are $100 to $499.99.
72     (d)  Twenty-five dollars per permit for building-related
73permits that are $500 to $999.99.
74     (e)  Fifty dollars per permit for building-related permits
75that are $1,000 or more.
76     (4)  The county shall deposit 90 percent of the revenues
77from the discretionary surtax in the Low and Moderate Income
78Insurance Assistance Fund of the county. Ten percent of the
79revenues may be used for administrative costs. Any interest
80earned from the fund must remain in the fund. The county shall
81use the revenues in the fund only to offer low-income and
82moderate-income families financial assistance with their
83homeowners' insurance premium payments on their homestead
84property, to pay necessary costs of collection and enforcement
85of the surtax, and to fund any local matching contributions
86required pursuant to federal law for the Low-Income and
87Moderate-Income Homeowners' Insurance Premium Assistance Pilot
88Program. The proceeds of the surtax may not be used for rent
89subsidies or grants.
90     Section 2.  Effective July 1, 2010, the Low-Income and
91Moderate-Income Homeowners' Insurance Premium Assistance Pilot
92Program may be adopted only by the governing authority of a
93county as defined in s. 125.011(1), Florida Statutes. Effective
94July 1, 2011, the Low-Income and Moderate-Income Homeowners'
95Insurance Premium Assistance Pilot Program may be adopted by the
96governing authorities of the remaining counties in the state.
97     Section 3.  Except as otherwise expressly provided in this
98act, this act shall take effect July 1, 2010.


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