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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Resiliency Energy Environment 2
Florida program; amending s. 163.08, F.S.; revising 3
and providing definitions related to the Resiliency 4
Energy Environment Florida (REEF) program; conforming 5
provisions to changes made by the act; provid ing that 6
certain notices of lien may be recorded in the public 7
records of specified counties; providing that such 8
liens are not enforceable; revising the types of items 9
that a local government or program administrator must 10
reasonably determine before enter ing into an 11
assessment financing agreement; specifying conditions 12
that must be met before final funding may be provided; 13
specifying that an assessment financing agreement 14
applies to new nonresidential and residential real 15
properties; providing caps on the non-ad valorem 16
assessments that may exist on properties; creating s. 17
163.081, F.S.; providing additional requirements to be 18
met by program administrators when administering a 19
REEF program; providing exceptions; specifying terms 20
that are not authorized in a n assessment financing 21
agreement; providing guidelines to be used by program 22
administrators dealing with contractors who install 23
qualifying improvements; specifying conditions under 24
which a program administrator may disburse funds to a 25
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contractor; providin g marketing and communications 26
guidelines for use by program administrators and 27
contractors; prohibiting contractors from taking 28
certain actions related to pricing of qualifying 29
improvements; prohibiting program administrators from 30
certain actions in excha nge for referring assessment 31
financing business to contractors; requiring program 32
administrators to appropriately develop and implement 33
procedures to handle complaints and monitor 34
contractors; specifying information that dependent 35
special districts or cert ain legal entities must 36
provide in their annual audit reports related to the 37
REEF program; providing program requirements for 38
government leased properties; providing an effective 39
date. 40
41
Be It Enacted by the Legislature of the State of Florida: 42
43
Section 1. Subsections (1), (2), (4), (6) through (10), 44
and (12) through (14) of section 163.08, Florida Statutes, are 45
amended, and subsection (18) is added to that section, to read: 46
163.08 Supplemental Authority for qualifying improvements 47
to real property.— 48
(1)(a) In chapter 2008 -227, Laws of Florida, the 49
Legislature amended the energy goal of the state comprehensive 50
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plan to provide, in part, that the state shall reduce its energy 51
requirements through enhanced conservation and efficiency 52
measures in all end-use sectors and reduce atmospheric carbon 53
dioxide by promoting an increased use of renewable energy 54
resources. That act also declared it the public policy of the 55
state to play a leading role in developing and instituting 56
energy management programs that promote energy conservation, 57
energy security, and the reduction of greenhouse gases. In 58
addition to establishing policies to promote the use of 59
renewable energy, the Legislature provided for a schedule of 60
increases in energy performance of buildings subje ct to the 61
Florida Energy Efficiency Code for Building Construction. In 62
chapter 2008-191, Laws of Florida, the Legislature adopted new 63
energy conservation and greenhouse gas reduction comprehensive 64
planning requirements for local governments. In the 2008 ge neral 65
election, the voters of this state approved a constitutional 66
amendment authorizing the Legislature, by general law, to 67
prohibit consideration of any change or improvement made for the 68
purpose of improving a property's resistance to wind damage or 69
the installation of a renewable energy source device in the 70
determination of the assessed value of residential real 71
property. 72
(b) The Legislature finds that all energy -consuming-73
improved properties that are not using energy conservation 74
strategies contribut e to the burden affecting all improved 75
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property resulting from fossil fuel energy production. Improved 76
property that has been retrofitted with energy -related 77
qualifying improvements receives the special benefit of 78
alleviating the property's burden from ene rgy consumption. All 79
improved properties not protected from wind damage by wind 80
resistance qualifying improvements contribute to the burden 81
affecting all improved property resulting from potential wind 82
damage. Improved property that has been retrofitted wi th wind 83
resistance qualifying improvements receives the special benefit 84
of reducing the property's burden from potential wind damage. 85
Further, the installation and operation of qualifying 86
improvements not only benefit the affected properties for which 87
the improvements are made, but also assist in fulfilling the 88
goals of the state's energy and hurricane mitigation policies. 89
(c) In order to make qualifying improvements more 90
affordable and to assist property owners who wish to undertake 91
such improvements, t he Legislature finds that there is a 92
compelling state interest in enabling property owners to 93
voluntarily finance such improvements under the REEF program 94
with local government assistance . 95
(d)(c) The Legislature determines that the actions 96
authorized under this section, including, but not limited to, 97
the financing of qualifying improvements through the execution 98
of assessment financing agreements and the related imposition of 99
voluntary assessments are reasonable and necessary to serve and 100
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achieve a compelling state interest and are necessary for the 101
prosperity and welfare of the state and its property owners and 102
inhabitants. 103
(2) As used in this section and s. 163.081, the term: 104
(a) "Assessment financing agreement" means the financing 105
agreement, under a REEF program, between a local government and 106
a property owner for the acquisition or installation of 107
qualifying improvements. 108
(b) "Contractor" means an independent contractor who 109
contracts with a property owner to install qualifying 110
improvements on real property but who is not the owner of such 111
property. 112
(c) "Government leased property" means real property owned 113
by a local government that is subject to taxation due to the 114
lease of the property to a nongovernmental lessee. 115
(d)(a) "Local government" m eans a county, a municipality, 116
a dependent special district as defined in s. 189.012, or a 117
separate legal entity created pursuant to s. 163.01(7). 118
(e) "Non-ad valorem assessment" has the same meaning as in 119
s. 197.3632(1). 120
(f) "Nongovernmental lessee" means a person or an entity 121
other than a local government which leases government real 122
property. 123
(g) "Nonresidential real property" means property not 124
defined as residential real property that will be or has been 125
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improved by a qualifying improvement, inc luding, but not limited 126
to, the following: 127
1. Agricultural property. 128
2. Commercial real property. 129
3. Government leased property. 130
4. Industrial building or property. 131
5. Multifamily residential property composed of five or 132
more dwelling units. 133
(h) "Program administrator" means an entity, including, 134
but not limited to, a for -profit or not-for-profit entity, with 135
whom a local government may contract to administer a REEF 136
program. 137
(i)(b) "Qualifying improvement" includes any: 138
1. Energy conservatio n and efficiency improvement, which 139
is a measure to reduce consumption through conservation or a 140
more efficient use of electricity, natural gas, propane, or 141
other forms of energy on the property, including, but not 142
limited to, air sealing; installation of insulation; 143
installation of energy -efficient heating, cooling, or 144
ventilation systems; building modifications to increase the use 145
of daylight; replacement of windows; installation of energy 146
controls or energy recovery systems; installation of electric 147
vehicle charging equipment; and installation of efficient 148
lighting equipment. 149
2. Renewable energy improvement, which is the installation 150
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of any system in which the electrical, mechanical, or thermal 151
energy is produced from a method that uses one or more of t he 152
following fuels or energy sources: hydrogen, solar energy, 153
geothermal energy, bioenergy, and wind energy. 154
3. Wind resistance improvement, which includes, but is not 155
limited to: 156
a. Improving the strength of the roof deck attachment; 157
b. Creating a secondary water barrier to prevent water 158
intrusion; 159
c. Installing wind-resistant shingles; 160
d. Installing gable -end bracing; 161
e. Reinforcing roof -to-wall connections; 162
f. Installing storm shutters; or 163
g. Installing opening protections. 164
(j) "Residential real property" means a residential 165
property of four or fewer dwelling units that will be or has 166
been improved by a qualifying improvement. 167
(k) "Resiliency Energy Environment Florida program" or 168
"REEF program" means a program established under this s ection or 169
s. 163.081 by a local government, alone or in partnership with 170
other local governments or a program administrator, to finance 171
qualifying improvements on nonresidential real property or 172
residential real property. 173
(4) Subject to local government ordinance or resolution, a 174
property owner may apply to the REEF program the local 175
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government for funding to finance a qualifying improvement and 176
enter into an assessment a financing agreement with the local 177
government. Costs incurred by the REEF program the local 178
government for such purpose may be collected as a non -ad valorem 179
assessment. A non-ad valorem assessment shall be collected 180
pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), 181
is shall not be subject to discount for early payment. How ever, 182
the notice and adoption requirements of s. 197.3632(4) do not 183
apply if this section is used and complied with, and the intent 184
resolution, publication of notice, and mailed notices to the 185
property appraiser, tax collector, and Department of Revenue 186
required by s. 197.3632(3)(a) may be provided on or before 187
August 15 in conjunction with any non -ad valorem assessment 188
authorized by this section, if the property appraiser, tax 189
collector, and local government agree. 190
(6) A local government may enter into a n agreement with a 191
program administrator to administer the REEF program A 192
qualifying improvement program may be administered by a for -193
profit entity or a not -for-profit organization on behalf of and 194
at the discretion of the local government . 195
(7) A local government may incur debt for the purpose of 196
providing financing for the such improvements, which debt is 197
payable from revenues received from the improved properties 198
property, or any other available revenue source authorized under 199
this section or by law. 200
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(8) A local government may enter into an assessment a 201
financing agreement to finance or refinance a qualifying 202
improvement only with the record owner of the affected property. 203
Any assessment financing agreement entered into pursuant to this 204
section or a summary memorandum of such agreement must shall be 205
submitted for recording recorded in the public records of the 206
county within which the property is located by the sponsoring 207
unit of local government within 5 days after execution of the 208
agreement. The record ed agreement shall provide constructive 209
notice that the assessment to be levied on the property 210
constitutes a lien of equal dignity to county taxes and 211
assessments from the date of recordation. A notice of lien for 212
the full amount of the financing may be r ecorded in the public 213
records of the county in which the property is located. Such 214
lien is not enforceable in a manner that results in the 215
acceleration of the remaining nondelinquent unpaid balance under 216
the assessment financing agreement. 217
(9) Before entering into an assessment a financing 218
agreement, the local government or the program administrator, as 219
applicable, must shall reasonably determine that : 220
(a) All property taxes and any other assessments levied on 221
the same bill as property taxes are current paid and have not 222
been delinquent for more than 30 days for the preceding 3 years 223
or the property owner's period of ownership, whichever is less; 224
(b) that There are no involuntary liens greater than 225
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$1,000, including, but not limited to, construction l iens on the 226
property; 227
(c) that No notices of default or other evidence of 228
property-based debt delinquency have been recorded and not 229
released during the preceding 3 years or the property owner's 230
period of ownership, whichever is less; 231
(d) The property owner has been asked whether any other 232
assessments under this section have been recorded or have been 233
funded and not yet recorded on the property. The failure of a 234
property owner to disclose information set forth in this 235
paragraph does not invalid ate an assessment financing agreement 236
or any obligation thereunder, even if the total financed amount 237
of the qualifying improvements exceeds the amount that would 238
otherwise be authorized under paragraph (12)(a); and 239
(e) that The property owner is curren t on all mortgage 240
debt on the property ; and 241
(f) The residential real property is not subject to an 242
existing home equity conversion mortgage or reverse mortgage 243
product or is not a residential real property gifted to a 244
homeowner for free by a not -for-profit entity. This paragraph 245
does not apply to nonresidential real properties . 246
(10) Before final funding may be provided, a qualifying 247
improvement must shall be affixed, or be planned to be affixed, 248
to a nonresidential or residential real building or facility 249
that is part of the property and constitutes shall constitute an 250
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improvement to that property the building or facility or a 251
fixture attached to the building or facility . An assessment 252
financing agreement between a local government and a qualifying 253
property owner may not cover qualifying wind-resistance 254
improvements on new nonresidential or new residential real 255
properties in buildings or facilities under new construction or 256
construction for which a certificate of occupancy or similar 257
evidence of substantial completion of new construction or 258
improvement has not been issued . 259
(12)(a) Without the consent of the holders or loan 260
servicers of any mortgage encumbering or otherwise secured by 261
the property, the total amount of any non -ad valorem assessment 262
for a property under this section may not exceed 20 percent of 263
the fair market value just value of the real property as 264
determined by the county property appraiser . The combined 265
mortgage-related debt and total amount of any non -ad valorem 266
assessments funded under this section for residential real 267
property may not exceed 100 percent of the fair market value of 268
the residential real property. The failure of a property owner 269
to disclose information set forth in paragraph (9)(d) does not 270
invalidate an assessment financing agreement or any obligation 271
thereunder even if the total financed amount of the qualifying 272
improvements exceeds the amount that would otherwise be 273
authorized under this paragraph. 274
(b) Notwithstanding paragraph (a), a non -ad valorem 275
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assessment for a qualifying improvement defined in subparagraph 276
(2)(i)1. (2)(b)1. or subparagraph (2)(i)2. (2)(b)2. that is 277
supported by an energy audit is not subject to the limits in 278
this subsection if the audit demonstrates that the annual energy 279
savings from the qualified improvement equals or exceeds the 280
annual repayment amount of the non -ad valorem assessment. 281
(13) At least 30 days before entering into an assessment a 282
financing agreement, the property owner shall provide to the 283
holders or loan servicers of any existing mortgages encumbering 284
or otherwise secured by the property a notice of the owner's 285
intent to enter into an assessment a financing agreement 286
together with the maximum principal amount to be financed and 287
the maximum annual assessment necessary to r epay that amount. A 288
verified copy or other proof of such notice shall be provided to 289
the local government or program administrator . A provision in 290
any agreement between a mortgagee or other lienholder and a 291
property owner, or otherwise now or hereafter bin ding upon a 292
property owner, which allows for acceleration of payment of the 293
mortgage, note, or lien or other unilateral modification solely 294
as a result of entering into an assessment a financing agreement 295
as provided for in this section is not enforceable. This 296
subsection does not limit the authority of the holder or loan 297
servicer to increase the required monthly escrow by an amount 298
necessary to annually pay the annual qualifying improvement 299
assessment. 300
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(14) At or before the time a seller purchaser executes a 301
contract for the sale and purchase of any property for which a 302
non-ad valorem assessment has been levied under this section and 303
has an unpaid balance due, the seller must shall give the 304
prospective purchaser a written disclosure statement in the 305
following form, which shall be set forth in the contract or in a 306
separate writing: 307
308
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, 309
OR WIND RESISTANCE.—The property being purchased is located 310
within the jurisdiction of a local government that h as placed an 311
assessment on the property pursuant to s. 163.08, Florida 312
Statutes. The assessment is for a qualifying improvement to the 313
property relating to energy efficiency, renewable energy, or 314
wind resistance, and is not based on the value of property. You 315
are encouraged to contact the county property appraiser's office 316
to learn more about this and other assessments that may be 317
provided by law. 318
319
(18) Notwithstanding any provision of this section or s. 320
163.081 to the contrary, the following applies to g overnment 321
leased property: 322
(a) The assessment financing agreement must be executed 323
by: 324
1. The local government and the nongovernmental lessee; or 325
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2. Only the nongovernmental lessee but with the written 326
consent of the local government. Evidence of consent shall be 327
provided to the program administrator or REEF program. 328
(b) The assessment financing agreement must provide that 329
the nongovernmental lessee is the only party obligated to pay 330
the assessment. 331
(c) A delinquent assessment shall be enforced in the 332
manner provided in ss. 196.199(8) and 197.432(10). 333
(d) The recorded assessment financing agreement or a 334
summary memorandum of such recorded agreement must provide 335
constructive notice that the assessment to be levied on the 336
property is subject to enforcement in the manner provided in ss. 337
196.199(8) and 197.432(10). 338
(e) For purposes of subsections (9) and (13) only, 339
references to the property owner are deemed to refer to the 340
nongovernmental lessee and references to the period of ownership 341
are deemed to refer to the period during which the 342
nongovernmental lessee leased the property from the local 343
government. 344
(f) The term of the assessment financing agreement on 345
government leased property may not exceed: 346
1. Thirty years; 347
2. The remaining term o f the lease on the government 348
leased property; or 349
3. The weighted average estimated useful life of all 350
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qualifying improvements being financed or the estimated useful 351
life of the qualifying improvements to which the greatest 352
portion of funds are disbursed . 353
Section 2. Section 163.081, Florida Statutes, is created 354
to read: 355
163.081 Additional requirements for program administrators 356
for qualifying improvements on residential real property. — 357
(1)(a) In addition to the requirements in s. 163.08, a 358
program administrator must comply with this section when 359
administering a REEF program for qualifying improvements on 360
residential real property. 361
(b) This section does not apply to residential real 362
property: 363
1. Residential real property owned by a local government. 364
2. To residential real property if the program 365
administrator reasonably determines that: 366
a. The residential real property is owned by a business 367
entity that owns more than four residential real properties; and 368
b. The business entity's managing member, partner, or 369
beneficial owner does not reside in the residential real 370
property. 371
(2) Before final approval of the assessment financing 372
agreement for a qualifying improvement on a residential real 373
property, the program administrator must reasonably determine 374
that the property owner has the ability to pay the estimated 375
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annual assessment. To do so, the program administrator must, at 376
a minimum, use the underwriting requirements in s. 163.08(9) to 377
confirm that the property owner is not in bankruptcy and to 378
determine that the total estimated annual payment amount for all 379
assessment financing agreements funded under this section on the 380
property do not exceed 10 percent of the property owner's annual 381
household income. Annual household income may be confirmed using 382
information gathered from reputable third parties that provide 383
reasonably reliable evidence of the property owner's annual 384
household income. Annual household income may not be confirmed 385
solely from a property owner's statement. The failure of a 386
property owner to disclose information set forth in s. 387
163.08(9)(d) does not invalidate an assessment financing 388
agreement or any obligation thereunder, even if the total 389
estimated annual payment amount exceeds the amount that would 390
otherwise be authorized unde r this section or s. 163.08. 391
(3) Before or contemporaneously with a property owner 392
signing an assessment financing agreement on a residential real 393
property, the program administrator must provide a financing 394
estimate and disclosure to the residential rea l property owner 395
which includes all of the following: 396
(a) The total amount estimated to be funded, including the 397
cost of the qualifying improvements, program fees, and 398
capitalized interest, if any. 399
(b) The estimated annual non -ad valorem assessment. 400
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(c) The term of the non -ad valorem assessment. 401
(d) The interest charged and the estimated annual 402
percentage rate. 403
(e) A description of the qualifying improvement. 404
(f) A disclosure that if the property owner sells or 405
refinances the property, the prope rty owner, as a condition of 406
the sale or the refinance, may be required by a mortgage lender 407
to pay off the full amount owed under each assessment financing 408
agreement. 409
(g) A disclosure that the non -ad valorem assessment will 410
be collected along with the p roperty owner's property taxes and 411
will result in a lien on the property beginning on the date the 412
assessment financing agreement is recorded. 413
(h) A disclosure that failure to pay the non -ad valorem 414
assessment may result in penalties and fees along with the 415
issuance of a tax certificate that could result in the property 416
owner losing the real property. 417
(4)(a) Before a notice to proceed is issued on residential 418
real property, the program administrator must conduct, with a 419
residential real property owner o r an authorized representative, 420
an oral, recorded telephone call during which time the program 421
administrator: 422
1. Must ask the residential real property owner if he or 423
she would like to communicate primarily in a language other than 424
English. 425
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2. May not leave a voicemail for the residential real 426
property owner to satisfy subparagraph 1. 427
(b) During the telephone call, the program administrator 428
must confirm all of the following with the residential real 429
property owner: 430
1. That at least one residential r eal property owner has 431
access to a copy of the assessment financing agreement and 432
financing estimates and disclosures. 433
2. The qualifying improvements that are being financed. 434
3. The total estimated annual costs that the residential 435
real property owner will have to pay under the assessment 436
financing agreement, including applicable fees. 437
4. The total estimated average monthly equivalent amount 438
of funds the residential real property owner would have to save 439
in order to pay the annual costs of the assessm ent, including 440
applicable fees. 441
5. The estimated date the residential real property 442
owner's first property tax payment that includes the assessment 443
will be due. 444
6. The term of the assessment financing agreement. 445
7. That payments for the assessment fi nancing agreement 446
will cause the residential real property owner's annual tax bill 447
to increase and that payments will be made through an additional 448
annual assessment on the property and will be paid directly to 449
the county tax collector's office as part of the total annual 450
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secured property tax bill or may be paid through the residential 451
real property owner's mortgage escrow account. 452
8. That the residential real property owner has disclosed 453
whether the property has received or is seeking additional 454
assessments funded under this section or s. 163.08 and has 455
disclosed all other assessments funded under this section or s. 456
163.08 that are or are about to be placed on the property. 457
9. That the property will be subject to a lien during the 458
term of the assessment financing agreement and that the 459
obligations under the agreement may be required to be paid in 460
full before the residential real property owner sells or 461
refinances the property. 462
10. That any potential utility or insurance savings are 463
not guaranteed and w ill not reduce the assessment or total 464
assessment amount. 465
11. That the program administrator does not provide tax 466
advice and that the residential real property owner should seek 467
professional tax advice if he or she has questions regarding tax 468
credits, tax deductibility, or other tax impacts of the 469
qualifying improvement or the assessment financing agreement. 470
(5) The residential real property owner may cancel the 471
assessment financing agreement within 3 business days after 472
signing the assessment financing agreement without any financial 473
penalty for doing so. 474
(6) The term of an assessment financing agreement on 475
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residential real property may not exceed: 476
(a) Thirty years; or 477
(b) The weighted average estimated useful life of all 478
qualifying improvements being financed or the estimated useful 479
life of the qualifying improvements to which the greatest 480
portion of funds are disbursed. 481
(7) An assessment financing agreement authorized under 482
this section or s. 163.08 on residential real property may not 483
include any of the following: 484
(a) A negative amortization schedule. 485
(b) A balloon payment. 486
(c) Prepayment fees, other than nominal administrative 487
costs. 488
(8) For residential real property, a program 489
administrator: 490
(a) May not enroll a contractor who cont racts with 491
residential real property owners to install qualifying 492
improvements unless the program administrator: 493
1. Makes a reasonable effort to review that the contractor 494
maintains in good standing an appropriate license from the 495
state, if applicable, a s well as any other permits, licenses, or 496
registrations required for engaging in business in the 497
jurisdiction in which he or she operates and that the contractor 498
maintains all state-required bond and insurance coverage. 499
2. Obtains the contractor's writte n agreement that the 500
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contractor will act in accordance with all applicable laws and 501
rules, including applicable advertising and marketing laws and 502
rules. 503
(b) Must maintain a process to enroll new contractors that 504
includes reasonable review of the followi ng for each contractor: 505
1. Relevant work or project history. 506
2. Financial and reputational background checks. 507
3. A criminal background check. A program administrator 508
may rely on a criminal background check conducted by the 509
Construction Industry Licen sing Board within the Department of 510
Business and Professional Regulation to comply with this 511
requirement. 512
4. Rating with the Better Business Bureau or other online 513
platform that tracks contractor reviews. 514
(9)(a) Before disbursing funds to a contractor for a 515
qualifying improvement on residential real property, a program 516
administrator must confirm that the relevant work or service has 517
been completed, either through a written certification from the 518
property owner, a recorded telephone call with the propert y 519
owner, review of time -stamped photographs, review of a final 520
permit, or a site inspection through a third party. 521
(b) A program administrator may not disclose to a 522
contractor or to a third party engaged in soliciting an 523
assessment financing agreement th e maximum financing amount for 524
which a residential real property owner is eligible. 525
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(10) When communicating with residential real property 526
owners, a program administrator may not : 527
(a) Represent that: 528
1. The REEF program or assessment financing is a 529
government assistance program; 530
2. Qualifying improvements are free or assessment 531
financing is a free program; or 532
3. The financing of a qualifying improvement using the 533
REEF program does not require the property owner to repay the 534
financial obligation. 535
(b) Make any representation as to the tax deductibility of 536
a non-ad valorem assessment authorized under this section or s. 537
163.08. A program administrator may encourage a property owner 538
to seek the advice of a tax professional regarding tax matters 539
related to such assessments. 540
(11) A contractor may not present a higher price for a 541
qualifying improvement on residential real property financed by 542
an assessment financing agreement than the contractor would 543
otherwise reasonably present if the qualifying impro vement was 544
not being financed through an assessment financing agreement. 545
(12) A program administrator shall use appropriate 546
methodologies or technologies to identify and verify the 547
identity of the residential real property owners who execute an 548
assessment financing agreement. 549
(13) A program administrator may not provide a contractor 550
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with any payment, fee, or kickback in exchange for referring 551
assessment financing business relating to a specific assessment 552
financing agreement. 553
(14) A program administra tor must develop and implement 554
policies and procedures for responding to, tracking, and helping 555
resolve questions and property owner complaints as soon as 556
reasonably practicable. 557
(15) A program administrator must maintain a process for 558
monitoring contractors who contract with residential real 559
property owners to install qualifying improvements with regard 560
to performance and compliance with program policies and shall 561
implement policies for suspending and terminating contractors 562
based on violations of progra m policies or unscrupulous 563
behavior. A program administrator shall maintain a policy for 564
determining the conditions upon which a contractor may be 565
reinstated to the REEF program. 566
(16) A program administrator shall provide an annual 567
report to each depende nt special district as defined in s. 568
189.012 or separate legal entity created pursuant to s. 569
163.01(7) that it has been contracted to administer the REEF 570
program authorized under this section. The annual report shall 571
be provided at a reasonable time follow ing the end of the prior 572
calendar year and shall include information and data related to 573
the following: 574
(a) The total number of property owner complaints received 575
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that are associated with project funding in the report year. 576
(b) Of the total number of property owner complaints 577
received that are associated with project funding in the report 578
year: 579
1. The number and percentage of complaints that relate to 580
the assessment financing. 581
2. The number and percentage of complaints that relate to 582
a contractor or the workmanship of a contractor but do not 583
relate to assessment financing. 584
3. The number and percentage of complaints that relate to 585
a contractor and assessment financing. 586
4. The number and percentage of complaints unde r 587
subparagraphs 1., 2., and 3. that were resolved and the number 588
and percentage of complaints that were not resolved. 589
(c) The percentage of property owner complaints under 590
subparagraphs (b)1., 2., and 3. expressed as a total of all 591
projects funded in th e report year. 592
Section 3. This act shall take effect July 1, 2022. 593