My Safe Florida Home Program Rules

Local Inspection Issues Florida and SUNachi Inspectors
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The My Safe Florida Home Program (MSFH) was brought back to life again by the 2022 Florida legislation and explained in Florida Statutes 215.5586.

Rules are required to be adopted to govern the program for such things as governing Hurricane Mitigation Inspections. It was determined that Emergency Rules are needed, and the department is to adopt rules as quickly as practical before non-emergency rules are adopted. As of this date no rules have even been proposed.

Florida rule procedures are located in Florida Statutes 120.
Maybe during the rules process someone can contest the OIR-B1-1802 (Rev. 01/12).

In my non-lawyer opinion this form and the other versions should not have been allowed without 200-300 pages on how to complete the form and who is going to answer questions about the form. I spoke to the Office of Insurance Regulation (OIR) several times in the past with questions about the form but was told they do not have the technical expertise to answer questions about the form.

The original MSFH Program under the Department of Financial Services had a 2-page form. There was a resource manual with explanations on how to complete the form with 103 pages plus several Appendixes. This manual was developed by the Federal Alliance for Safe Homes (FLASH) for the State of Florida. Subsequently the Florida Legislature mandated that OIR should develop the Mitigation Inspection Form which has had several versions, the latest being the OIR-B1-1802 (Rev. 01/12) Why can’t OIR have someone develop a manual for the 1802 form? Maybe the form is under the wrong department in the first place if they can’t have someone develop an instruction to complete the form or answer any questions about the form.

The Contract for Region 1. I did not review the other regions.

Attachment (2) State Statement of work.
k. Form Requirements. For each Inspection conducted …. Shall require its Inspectors to properly complete and sign a Form 1802 regarding the residence inspected… as directed by the Department. All data portions of Form 1802 shall be completed in their entirety per Office of Insurance Regulation (OIR) instruction as provided in the form. The Form 1802 shall not be altered in any way, including but not limited to, adding printed or handwritten notations qualifying or modifying the information reported.

Page 12 of 14. Consequences for inaccurate and incomplete forms are $100.00 per occurrence.
OIR will not provide or has not had anyone develop instructions on completing the 1802 and will not answer any questions about the form.
You will have a penalty of $100.00 per occurrence for inaccurate / incomplete forms.

I guess you could ask, “where is it stated that my answer about something is not correct?”

Richard Haynes
HI-311

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Hi Richard
What prompted you to create this post with your opinions?

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I provided some history of the program and the form.

If anyone is concerned with the MSFH program and the form they can read Florida Statutes 120 and decide if they wish to challenge any of the rules.

In the past I thought that the home inspection rules had a lot of problems and would not have passed legal review. In the end I think the home inspection rules were a benefit for home inspectors. Home Inspectors and their client decide on what items are and are not inspected during a home inspection.

My main issue is with the 1802 form having no guide or instruction to complete the form besides the form itself. The original MSFH program 2 page form had 103 pages plus appendixes on how to complete the form. The current 4 page 1802 form has no guide or instruction to complete the form and the department responsible for the form will not even provide answers to questions about the form. I’m actually surprised that no one or no company hasn’t formally challenged the form.

My purpose for providing information about the MSFH Program and the form is letting people know that rules are going to be developed and if they are concerned about something that will affect them they have the option to provide input.

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I had some problems with my reply and the first 2 sentences were not shown.

In the past I heard from some people stating they were unhappy about the Home Inspection Rules process and they were not aware of the rules schedule.

Now the My Safe Florida Home Program (MSFH) is active again and Rules are required to be developed. It does not appear they are quickly proposing any emergency rules.