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.
SUMMARY: A MySafeFlorida Home grant applicant is permitted to use grant funds to replace existing window protection if justified by medical need.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 215.5586(6) FS.
LAW IMPLEMENTED: 215.5586 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Wednesday, July 16, 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 or Ellen.Simon@myfloridacfo.com. 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 IS: Ellen Simon, Chief Counsel, Department of Financial Services 200 East Gaines Street, Tallahassee, Florida 32399, (850)413-4270
THE FULL TEXT OF THE PROPOSED RULE IS:
69J-7.007 Grants – Medical Condition Exception.
(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 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 at the location designated by the grant application.
(3) Exception. If an existing and compliant opening protection system is unlikely to be deployed due to medical limitations on the Homeowner, a replacement system that is more likely to be deployed because such medical limitations do not impede deployment of the system shall nonetheless qualify for a grant, subject to the requirements of this section. In such instances, the Homeowner must establish by written medical opinion as required herein that the applicant is, for medical reasons, deemed incapable of, or is advised against, engaging in the actions necessary to deploy and install the existing opening protection devices, or establish 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 Chapter 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 deemed by the physician to be physically incapable 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 an existing injury or medical condition or:
(b) An official letter from the Department of Veteran Affairs or Disabled American Veterans which:
1. Provides that the Homeowner is permanently or totally disabled; and
2. Is dated within 3-5 years of the date of application for grant.
(a) A Homeowner desiring to apply for a grant to replace opening protection under this rule shall provide the Department with the documentation required in paragraph (4)(a) or (b).
(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 request for Medical Condition and accompanying documentation 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 request and accompanying documentation and within 30-45 days of receipt advise the applicant of the status of the application.
1. If the request 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 request 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 notification is issued by the Department. Any grant issued under the approved medical exception will be subject to the requirements of the “Grant Award Letter,” “Grant Agreement, Terms and Conditions” document, and the “Reimbursement Request Packet,” as those forms are adopted under Department Rule 69J-7.005, Florida Administrative Code. Grants awarded by the Department are conditioned upon compliance with 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 of the above-referenced 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 and 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________.