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  #1  
Old 9/21/10, 8:36 PM
Nick Gromicko's Avatar
Nick Gromicko Nick Gromicko is offline
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Default Corrected (revised) version of the Wind Mitigation Inspection Form.

From: Florida OIR Communications Office
Sent: Tuesday, September 21, 2010 3:41 PM
Subject: REVISED Media Advisory: OIR Workshop On Wind Mitigation Inspection Form



**This advisory contains the link to corrected version of form to be reviewed at tomorrow’s hearing.**

MEDIA ADVISORY:
The Florida Office of Insurance Regulation
September 21, 2010

Contact: Jack McDermott Brittany Benner

850-413-2515 850-413-2515
Jack.McDermott@floir.comBrittany.Benner@floir.com

The Florida Office of Insurance Regulation will conduct a public workshop to review the
form used by inspectors to document eligibility for wind mitigation discounts for personal residential property on Wednesday, September 22, 2010. During the workshop, the Office will concentrate first on changes in the form that are required to be made because of a change in Florida law that authorizes only certain licensees to conduct inspections and sign the form. Additionally, regulators will review changes that may need to be made in the future to further clarify the requirements for insurance companies to give wind mitigation discounts and to make certain that inspectors and policyholders are aware of the actions that they can take to obtain discounts.

Applied Research Associates, Inc. (ARA) is scheduled to deliver a presentation regarding wind mitigation discounts. Contractors, engineers, architects, and other professionals who are engaged in the business of conducting wind mitigation inspections are also expected to participate in the workshop.

The Financial Services Commission, which is comprised of the Governor and Cabinet, adopted a new mitigation form earlier this year, which was based on information obtained during a series of hearings. The new mitigation form requires photographs, signatures, and other improvements designed to prevent fraud and document eligibility for discounts as clearly as possible.

The process is ongoing and will require continued revisions based on suggestions from participants in the process.

The panel will solicit testimony from the public following the regular agenda items.

WHO: Office of Insurance Regulation

WHAT: A workshop will be held to discuss the mitigation form, including changes that need to be made to comply with Florida law, and to document professional credentials required to conduct inspections and sign the mitigation form. Click here for a copy of the agenda.

WHEN: September 22, 2010
9:30 a.m.

WHERE: Location Room 116, Larson Building
Tallahassee, Florida

* An audio recording will be available upon request for those who cannot make it to the hearing.
###



Nick Gromicko, Certified Master Inspector
President, Contractors Association
Author, How to Run a Successful Home Inspection Business
Founder, InterNACHI
Owner,Nick Gromicko General Contractor


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  #2  
Old 9/21/10, 8:42 PM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

So are they going to change the form for us or against us? I guess we find out soon.
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  #3  
Old 9/21/10, 8:48 PM
Steve Taylor Steve Taylor is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Click on the word "form" in the 1st paragraph above to see the proposed form.
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  #4  
Old 9/21/10, 9:05 PM
Zoe Fackler Zoe Fackler is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

The proposed first draft revision has been released and targets specific wording which adds Home Inspectotors and the qualifications they must have to be able to perform these inspections independantly.
The word is also that Inspection Depot has yet again been chosen by Citizens for another little task.
This time it is to develope a list of Perfered Inspectors.
This list of " perfered inspectors" will not be subject to random reinspection.
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  #5  
Old 9/23/10, 9:24 AM
Brian C. Hoagland Brian C. Hoagland is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Quote:
Originally Posted by zfackler View Post
The proposed first draft revision has been released and targets specific wording which adds Home Inspectotors and the qualifications they must have to be able to perform these inspections independantly.
The word is also that Inspection Depot has yet again been chosen by Citizens for another little task.
This time it is to develope a list of Perfered Inspectors.
This list of " perfered inspectors" will not be subject to random reinspection.
Oh perfect, quality control for some but not all. Somehow that seems as though it ought to violate some buisiness rules. Citizens is amazing me with the crap they are doing these days.
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  #6  
Old 9/23/10, 2:01 PM
Doug Edwards Doug Edwards is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

I'm not sure that is legal in FL with the Right to Work law. Isn't this the same kind of shenanigans and closed ended deals that got MSFH program into some deep sewage and threats of lawsuits? Cherry picking who could and could not do their Wind Mit inspections.





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  #7  
Old 9/27/10, 9:43 PM
mperez6 mperez6 is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Nick, so if you are a Florida state licensed inspector can you sign the 1802 or not?? I'm confused too much talking.... there is a law but there is not?? please, does somebody got a straight answer? yes or not a licensed inspector can sign the form..
thanks
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  #8  
Old 9/27/10, 9:48 PM
Russell J. Hensel's Avatar
Russell J. Hensel Russell J. Hensel is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Manuel...........some have been performing them for a month or two with no problems. Anyone can do them...but the insurance company must accept them. There are other posts about this under the FLORIDA area.



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  #9  
Old 9/27/10, 10:59 PM
mperez6 mperez6 is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Thank you Russell!
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  #10  
Old 9/28/10, 7:54 AM
Steve Taylor Steve Taylor is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Manuel, Here is the latest version of the Florida Statute that clearly spells out who can do wind mitigation inspections:

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 1signed 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 which includes hurricane mitigation techniques and compliance with the uniform mitigation verification form and completion of a proficiency exam. Thereafter, home inspectors licensed under s. 468.8314 must complete at least 2 hours of continuing education, as part of the existing licensure renewal requirements each year, related to mitigation inspection and the uniform mitigation form;
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.
(5)

The licensing board of an authorized mitigation inspector that violates subsection (4) may commence disciplinary proceedings and impose administrative fines and other sanctions authorized under the authorized mitigation inspector’s licensing act. Authorized mitigation inspectors licensed under s. 471.015 or s. 489.111 shall be directly liable for the acts of employees that violate subsection (4) as if the authorized mitigation inspector personally performed the inspection.
(6)

An insurer, person, or other entity that obtains evidence of fraud or evidence that an authorized mitigation inspector or an employee authorized to conduct mitigation verification inspections under paragraph (3) has made false statements in the completion of a mitigation inspection form shall file a report with the Division of Insurance Fraud, along with all of the evidence in its possession that supports the allegation of fraud or falsity. An insurer, person, or other entity making the report shall be immune from liability, in accordance with s. 626.989(4), for any statements made in the report, during the investigation, or in connection with the report. The Division of Insurance Fraud shall issue an investigative report if it finds that probable cause exists to believe that the authorized mitigation inspector, or an employee authorized to conduct mitigation verification inspections under paragraph (3), made intentionally false or fraudulent statements in the inspection form. Upon conclusion of the investigation and a finding of probable cause that a violation has occurred, the Division of Insurance Fraud shall send a copy of the investigative report to the office and a copy to the agency responsible for the professional licensure of the authorized mitigation inspector, whether or not a prosecutor takes action based upon the report.
(7)

An individual or entity who knowingly provides or utters a false or fraudulent mitigation verification form with the intent to obtain or receive a discount on an insurance premium to which the individual or entity is not entitled commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(

At its expense, the insurer may require that any uniform mitigation verification form provided by an authorized mitigation inspector or inspection company be independently verified by an inspector, an inspection company, or an independent third-party quality assurance provider which does possess a quality assurance program prior to accepting the uniform mitigation verification form as valid.
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  #11  
Old 9/28/10, 10:34 PM
Russell J. Hensel's Avatar
Russell J. Hensel Russell J. Hensel is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

thanks steve...taking the time to keep us better informed is appreciated.



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  #12  
Old 9/29/10, 8:44 PM
nhernandez1 nhernandez1 is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

I was at the OIR meeting in Tallahassee and would like to let the Fl Home Inspectors know that Zoe represented you with class as she interjected perfectly with the OIR panel. My highest praise for a job well done.
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  #13  
Old 9/30/10, 8:02 AM
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Kenneth Dolin Kenneth Dolin is offline
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Default Re: Corrected (revised) version of the Wind Mitigation Inspection Form.

Quote:
Originally Posted by nhernandez1 View Post
I was at the OIR meeting in Tallahassee and would like to let the Fl Home Inspectors know that Zoe represented you with class as she interjected perfectly with the OIR panel. My highest praise for a job well done.
Is anyone surprised? I dont know how the rest of you feel about Zoes contribution to the this organization. but I would like to plant the seed of a group effort gift for her in appreciation of her efforts.



Ken Dolin
Kenco Home Inspections
WWW.Kenco.org
State of Florida Licensed Home Inspector HI 59
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