FLORIDA’S FOUNDATION
Florida’s Foundation, Make Mitigation Happen! 13
Florida Statute: 627.711 Notice of premium discounts for
hurricane loss mitigation; uniform mitigation verification
inspection form.—
(1)Using a form prescribed by the Office of Insurance Regulation,
the insurer shall clearly notify the applicant or policyholder of any
personal lines residential property insurance policy, at the time of
the issuance of the policy and at each renewal, of the availability
and the range of each premium discount, credit, other rate
differential, or reduction in deductibles, and combinations of
discounts, credits, rate differentials, or reductions in deductibles, for
properties on which fixtures or construction techniques
demonstrated to reduce the amount of loss in a windstorm can be or
have been installed or implemented. The prescribed form shall
describe generally what actions the policyholders may be able to
take to reduce their windstorm premium. The prescribed form and a
list of such ranges approved by the office for each insurer licensed
in the state and providing such discounts, credits, other rate
differentials, or reductions in deductibles for properties described in
this subsection shall be available for electronic viewing and
download from the Department of Financial Services’ or the Office
of Insurance Regulation’s Internet website. The Financial Services
Commission may adopt rules to implement this subsection.
(2)(a)The Financial Services Commission shall develop by rule a
uniform mitigation verification inspection form that shall be used
by all insurers when submitted by policyholders for the purpose of
factoring discounts for wind insurance. In developing the form, the
commission shall seek input from insurance, construction, and
building code representatives. Further, the commission shall provide
guidance as to the length of time the inspection results are valid. An
insurer shall accept as valid a uniform mitigation verification form
signed by the following authorized mitigation inspectors:
1.A home inspector licensed under s. 468.8314 who has completed
at least 3 hours of hurricane mitigation training approved by the
Construction Industry Licensing Board which includes hurricane
mitigation techniques and compliance with the uniform mitigation
verification form and completion of a proficiency exam;
2.A building code inspector certified under s. 468.607;
3.A general, building, or residential contractor licensed under s.
489.111;
4.A professional engineer licensed under s. 471.015;
5.A professional architect licensed under s. 481.213; or
6.Any other individual or entity recognized by the insurer as
possessing the necessary qualifications to properly complete a
uniform mitigation verification form.
(b)An insurer may, but is not required to, accept a form from any
other person possessing qualifications and experience acceptable to
the insurer.
(3)A person who is authorized to sign a mitigation verification form
must inspect the structures referenced by the form personally, not
through employees or other persons, and must certify or attest to
personal inspection of the structures referenced by the form.
However, licensees under s. 471.015 or s. 489.111 may authorize a
direct employee, who is not an independent contractor, and who
possesses the requisite skill, knowledge and experience, to conduct
a mitigation verification inspection. Insurers shall have the right to
request and obtain information from the authorized mitigation
inspector under s. 471.015 or s. 489.111, regarding any authorized
employee’s qualifications prior to accepting a mitigation
verification form performed by an employee that is not licensed
under s. 471.015 or s. 489.111.
(4)An authorized mitigation inspector that signs a uniform
mitigation form, and a direct employee authorized to conduct
mitigation verification inspections under paragraph (3), may not
commit misconduct in performing hurricane mitigation inspections
or in completing a uniform mitigation form that causes financial
harm to a customer or their insurer; or that jeopardizes a customer’s
health and safety. Misconduct occurs when an authorized mitigation
inspector signs a uniform mitigation verification form that:
(a)Falsely indicates that he or she personally inspected the
structures referenced by the form;
(b)Falsely indicates the existence of a feature which entitles an
insured to a mitigation discount which the inspector knows does not
exist or did not personally inspect;
(c)Contains erroneous information due to the gross negligence of
the inspector; or
(d)Contains a pattern of demonstrably false information regarding
the existence of mitigation features that could give an insured a
false evaluation of the ability of the structure to withstand major
damage from a hurricane endangering the safety of the insured’s life
and property.