69J-7.007: Grants-Medical Condition Exception
PURPOSE AND EFFECT: Section 215.5586, F.S. establishes the MyFloridaSafe Home Program to provide grants to encourage residential property owners meeting specified criteria to improve the structural integrity of their residential structures to make them less vulnerable to hurricane damage. In most cases, replacing one set of code compliant hurricane shutters with another set does not meet the statutory mandate that improvements funded by MySafeFlorida Home grant be used to make structures less vulnerable to hurricane damage. However, if a medical condition makes an existing shutter system too difficult to deploy, its replacement with a more easily deployed system may reduce hurricane damage vulnerability. The proposed rule provides a procedure for homeowners with a medical condition which impairs shutter deployment to obtain a grant to replace shutters.
SUBJECT AREA TO BE ADDRESSED: MySafeFlorida Home Grant Standards.
SPECIFIC AUTHORITY: 215.5586(6) FS.
LAW IMPLEMENTED: 215.5586 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: Wednesday, May 28, 2008, 9:30 a.m.
PLACE: 142 Larson Building, 200 East Gaines Street, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ellen Simon, (850)413-4270. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Ellen Simon, Assistant General Counsel, Department of Financial Services, 200 East Gaines Street, Tallahassee, Florida 32399, (850)413-4270
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
69J-7.007 Grants – Medical Condition Exception.
(1) Definitions.
(a) “Grant” refers to a grant under Section 215.5586(2), Florida Statutes.
(b) “Department” refers to the Florida Department of Financial Services.
(c) “MSFH” refers to the My Safe Florida Home program.
(2) General Provision. A grant shall only be used to mitigate the risk of hurricane damage. Subject to the exception below, the Department will not in the My Safe Florida Home program under Section 215.5586, Florida Statutes, approve a grant to replace opening protection on a home, where the home already has existing opening protection that complies with Florida Building Code requirements for new construction in the location where the home is located.
(3) Exception. Replacement of a Florida Building Code compliant opening protection system that is unlikely to be deployed due to medical limitations on the Homeowner with a system that is more likely to be deployed because these limitations do not impede deployment of the system to be installed shall be a basis for a grant subject to the requirements of this section. If a homeowner who otherwise meets all criteria for a grant regarding opening protection except that they already have opening protection that meets Florida Building Code requirements for new construction, establishes by written medical opinion as required herein that 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 the applicant is permanently or totally disabled, the Department will waive the prohibition set forth in subsection (2).
(4) Required Medical Opinion. In order to establish that an applicant is, for medical reasons, deemed incapable of or has been advised against engaging in actions necessary to deploy and install existing opening protection devices, the applicant must submit:
(a) A written medical opinion, on a physician’s letterhead which:
1. Bears the original signature of a physician as defined by Section 458, 459, 460, 461, or 463, Florida Statutes;
2. Bears the physician’s license number assigned by the Department of Health;
3. Is dated within 6 months of the date of application for grant; and
4. Contains a statement that in the physician’s opinion the applicant, due to age, physical stature, physical handicap, or medical condition, is not deemed by the physician to currently be 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 devices 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.
(5) Procedures.
(a) A homeowner desiring to apply for a grant to replace opening protection under this rule shall fill out and file with the Department a Department form DFS-xx-xxx, entitled “Application For Medical Condition Exception.”
(b) The homeowner shall provide the Department with the original of the required written and signed medical opinion or statement as specified in this rule.
(c) The form DFS-xx-xxx shall be filed by the homeowner with the Department by mailing same to the Department at: MSFH, Grant Application Review, P. O. Box 7300, Tallahassee, FL 32314-7300.
(d) The Department will review the form DFS-xx-xxx and within 30-45 days of receipt advise the applicant of the status of the application.
1. If the application for medical condition exception is denied, the applicant will be advised by the Department in writing sent to the mailing address provided by the applicant.
2. If the application for medical condition exception is approved by the Department, the Department will notify the applicant in writing; no approval will be deemed to have been given unless such a writing is issued by the Department. Any grant issued under the approved medical exception will be subject to the “Grant Award Letter,” “Grant Agreement, Terms and Conditions” document, and a “Reimbursement Request Packet,” as those forms are adopted under Department Rule 69J-7.005, F.A.C. Grants awarded by the Department are conditioned on all the terms, conditions, and other provisions set forth by the Department in the three Department forms identified in the preceding sentence. By accepting the grant the applicant agrees to all the said terms, conditions, and provisions. No change to the terms, conditions, and provisions of a grant shall be effective against the Department unless agreed to in writing signed by My Safe Florida Home program management.
(6) Grants under this rule are subject to all the requirements, restrictions, and limitations otherwise applicable to grants under Section 215.5586, Florida Statutes, and rules implementing that section.
Specific Authority 215.5586(6) FS. Law Implemented 215.5586 FS. History–New_________.