Florida 2023 2023 Regular Session

Florida House Bill H0669 Introduced / Bill

Filed 02/08/2023

                       
 
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A bill to be entitled 1 
An act relating to Resiliency Energy Environment 2 
Florida programs; amending s. 163.08, F.S.; defining 3 
terms; providing that a property owner may apply to a 4 
Resiliency Energy Environment Florida (REEF) program 5 
for funding to finance a qualifying improvement and 6 
may enter into an assessment financing agreement with 7 
a local government; providing that REEF program costs 8 
may be collected as non -ad valorem assessments; 9 
authorizing a local government to enter into an 10 
agreement with a program administrator to admin ister a 11 
REEF program on the local government's behalf; 12 
revising and specifying public recording requirements 13 
for assessment financing agreements and notices of 14 
lien; revising requirements that apply to local 15 
governments or program administrators in determi ning 16 
eligibility for assessment financing; revising 17 
requirements for qualifying improvements; revising the 18 
calculation of non-ad valorem assessment limits; 19 
providing construction; specifying underwriting, 20 
financing estimate, disclosure, and confirmation 21 
requirements for program administrators relating to 22 
residential real property; authorizing a residential 23 
real property owner, under certain circumstances and 24 
within a certain timeframe, to cancel an assessment 25     
 
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financing agreement without financial penalty; 26 
specifying limitations on assessment financing 27 
agreement terms for residential real property; 28 
prohibiting certain financing terms for residential 29 
real property; specifying requirements for, and 30 
certain prohibited acts by, program administrators 31 
relating to assessment financing agreements and 32 
contractors for qualifying improvements to residential 33 
real property; specifying additional annual reporting 34 
requirements for program administrators; providing 35 
construction and applicability; conforming provisions 36 
to changes made by the act; providing an effective 37 
date. 38 
  39 
Be It Enacted by the Legislature of the State of Florida: 40 
 41 
 Section 1.  Subsection (16) of section 163.08, Florida 42 
Statutes, is renumbered as subsection (32), subsections (1), 43 
(2), (4), (6) throug h (10), and (12) through (14) are amended, 44 
and a new subsection (16) and subsections (17) through (31) are 45 
added to that section, to read: 46 
 163.08  Supplemental authority for improvements to real 47 
property.— 48 
 (1)(a)  In chapter 2008 -227, Laws of Florida, th e 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 t he 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 subject to the 61 
Florida Energy Efficiency Code for Buildin g 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 general 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 contribute 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 energy consumption. All 79 
improved properties not protect ed 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 with 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 assist property owners who wish to undertake such 91 
improvements, the Legislature finds that there is a compelling 92 
state interest in enabling property owners to voluntarily 93 
finance such improvements with local government assistance. 94 
 (d)(c) The Legislature determines that the actions 95 
authorized under this section, including, but not limited to, 96 
the financing of qualifying imp rovements through the execution 97 
of assessment financing agreements and the related imposition of 98 
voluntary assessments , are reasonable and necessary to serve and 99 
achieve a compelling state interest and are necessary for the 100     
 
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prosperity and welfare of the st ate and its property owners and 101 
inhabitants. 102 
 (2)  As used in this section, the term: 103 
 (a)  "Assessment financing agreement" means the financing 104 
agreement, under a REEF program, between a local government and 105 
a property owner for the acquisition or install ation of 106 
qualifying improvements. 107 
 (b)(a) "Local government" means a county, a municipality, 108 
a dependent special district as defined in s. 189.012, or a 109 
separate legal entity created pursuant to s. 163.01(7). 110 
 (c)  "Non-ad valorem assessment" or "assessme nt" has the 111 
same meaning as the term "non -ad valorem assessment" as defined 112 
in s. 197.3632(1). 113 
 (d)  "Nonresidential real property" means any property not 114 
defined as residential real property and which will be or has 115 
been improved by a qualifying improveme nt. The term includes 116 
multifamily residential property composed of five or more 117 
dwelling units. 118 
 (e)  "Program administrator" means an entity, including, 119 
but not limited to, a for -profit or not-for-profit entity, with 120 
which a local government may contract to administer a REEF 121 
program. 122 
 (f)(b) "Qualifying improvement" includes any: 123 
 1.  Energy conservation and efficiency improvement, which 124 
is a measure to reduce consumption through conservation or a 125     
 
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more efficient use of electricity, natural gas, propane, or 126 
other forms of energy on the property, including, but not 127 
limited to, air sealing; installation of insulation; 128 
installation of energy -efficient heating, cooling, or 129 
ventilation systems; building modifications to increase the use 130 
of daylight; replacement of windows; installation of energy 131 
controls or energy recovery systems; installation of electric 132 
vehicle charging equipment; and installation of efficient 133 
lighting equipment. 134 
 2.  Renewable energy improvement, which is the installation 135 
of any system in which the electrical, mechanical, or thermal 136 
energy is produced from a method that uses one or more of the 137 
following fuels or energy sources: hydrogen, solar energy, 138 
geothermal energy, bioenergy, and wind energy. 139 
 3.  Wind resistance improvement, which inclu des, but is not 140 
limited to: 141 
 a.  Improving the strength of the roof deck attachment; 142 
 b.  Creating a secondary water barrier to prevent water 143 
intrusion; 144 
 c.  Installing wind-resistant shingles; 145 
 d.  Installing gable -end bracing; 146 
 e.  Reinforcing roof -to-wall connections; 147 
 f.  Installing storm shutters; or 148 
 g.  Installing opening protections. 149 
 (g)  "Residential real property" means a residential real 150     
 
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property composed of four or fewer dwelling units which has been 151 
or will be improved by a qualifying improvem ent. 152 
 (h)  "Resiliency Energy Environment Florida (REEF) program" 153 
means a program established by a local government, alone or in 154 
partnership with other local governments or a program 155 
administrator, to finance qualifying improvements on 156 
nonresidential real property or residential real property. 157 
 (4)  Subject to local government ordinance or resolution, a 158 
property owner may apply to the REEF program local government 159 
for funding to finance a qualifying improvement and enter into 160 
an assessment a financing agreement with the local government. 161 
Costs incurred by the REEF program local government for such 162 
purpose may be collected as a non -ad valorem assessment. A non -163 
ad valorem assessment shall be collected pursuant to s. 197.3632 164 
and, notwithstanding s. 197.3632(8) (a), shall not be subject to 165 
discount for early payment. However, the notice and adoption 166 
requirements of s. 197.3632(4) do not apply if this section is 167 
used and complied with, and the intent resolution, publication 168 
of notice, and mailed notices to the pro perty appraiser, tax 169 
collector, and Department of Revenue required by s. 170 
197.3632(3)(a) may be provided on or before August 15 in 171 
conjunction with any non -ad valorem assessment authorized by 172 
this section, if the property appraiser, tax collector, and 173 
local government agree. 174 
 (6)  A local government may enter into an agreement with a 175     
 
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program administrator to administer a REEF program on behalf of 176 
the local government A qualifying improvement program may be 177 
administered by a for -profit entity or a not -for-profit 178 
organization on behalf of and at the discretion of the local 179 
government. 180 
 (7)  A local government may incur debt for the purpose of 181 
providing financing for qualifying such improvements, which debt 182 
is payable from revenues received from the improved pro perty, or 183 
from any other available revenue source authorized under this 184 
section or by other law. 185 
 (8)  A local government may enter into an assessment a 186 
financing agreement to finance or refinance a qualifying 187 
improvement only with the record owner of the affected property. 188 
Any assessment financing agreement entered into pursuant to this 189 
section or a summary memorandum of such agreement shall be 190 
submitted for recording recorded in the public records of the 191 
county within which the property is located by the sponsoring 192 
unit of local government within 5 days after execution of the 193 
agreement. The recorded agreement shall provide constructive 194 
notice that the assessment to be levied on the property 195 
constitutes a lien of equal dignity to county taxes and 196 
assessments from the date of recordation. A notice of lien for 197 
the full amount of the financing may be recorded in the public 198 
records of the county where the property is located. Such lien 199 
shall not be enforceable in a manner that results in the 200     
 
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acceleration of the remaining nondelinquent unpaid balance under 201 
the assessment financing agreement. 202 
 (9)  Before entering into an assessment a financing 203 
agreement, the local government , or the program administrator 204 
acting on its behalf, shall reasonably determine that all of the 205 
following conditions are met: 206 
 (a) All property taxes and any other assessments levied on 207 
the same bill as property taxes are current paid and have not 208 
been delinquent for more than 30 days for the preceding 3 years 209 
or the property owner's period of ownership, whichever is less .; 210 
 (b) that There are no involuntary liens greater than 211 
$1,000, including, but not limited to, construction liens on the 212 
property.; 213 
 (c) that No notices of default or other evidence of 214 
property-based debt delinquency have bee n recorded and not 215 
released during the preceding 3 years or the property owner's 216 
period of ownership, whichever is less .; 217 
 (d)  The local government or program administrator has 218 
asked the property owner whether any other assessments under 219 
this section have been recorded or have been funded and not yet 220 
recorded on the property. The failure of a property owner to 221 
disclose information set forth in this paragraph does not 222 
invalidate an assessment financing agreement or any obligation 223 
thereunder, even if the tot al financed amount of the qualifying 224 
improvements exceeds the amount that would otherwise be 225     
 
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authorized under paragraph (12)(a). 226 
 (e) and that The property owner is current on all mortgage 227 
debt on the property. 228 
 (f)  The residential property is not subjec t to an existing 229 
home equity conversion mortgage or reverse mortgage product. 230 
This paragraph does not apply to nonresidential real property. 231 
 (g)  The property is not currently a residential property 232 
gifted to a homeowner for free by a nonprofit entity as may be 233 
disclosed by the property owner. The failure of a property owner 234 
to disclose information set forth in this paragraph does not 235 
invalidate an assessment financing agreement or any obligation 236 
thereunder. This paragraph does not apply to nonresidential real 237 
property. 238 
 (10)  Before final funding may be provided, a qualifying 239 
improvement must shall be affixed or planned to be affixed to a 240 
nonresidential real property or residential real building or 241 
facility that is part of the property and constitutes shall 242 
constitute an improvement to that property the building or 243 
facility or a fixture attached to the building or facility . An 244 
assessment financing agreement may between a local government 245 
and a qualifying property owner may not cover qualifying wind-246 
resistance improvements on nonresidential real property under 247 
new construction or residential real property in buildings or 248 
facilities under new construction or construction for which a 249 
certificate of occupancy or similar evidence of substantial 250     
 
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completion of new construction or improvement has not been 251 
issued. 252 
 (12)(a)  Without the consent of the holders or loan 253 
servicers of any mortgage encumbering or otherwise secured by 254 
the property, the total amount of any non -ad valorem assessment 255 
for a property under this se ction may not exceed 20 percent of 256 
the fair market just value of the real property as determined by 257 
the county property appraiser . The combined mortgage -related 258 
debt and total amount of any non -ad valorem assessments funded 259 
under this section for residenti al real property may not exceed 260 
100 percent of the fair market value of the residential real 261 
property. However, the failure of a property owner to disclose 262 
information set forth in paragraph (9)(d) does not invalidate an 263 
assessment financing agreement or a ny obligation thereunder, 264 
even if the total financed amount of the qualifying improvements 265 
exceeds the amount that would otherwise be authorized under this 266 
paragraph. For purposes of this paragraph, fair market value may 267 
be determined using reputable third parties. 268 
 (b)  Notwithstanding paragraph (a), a non -ad valorem 269 
assessment for a qualifying improvement defined in subparagraph 270 
(2)(f)1. (2)(b)1. or subparagraph (2)(f)2. which (2)(b)2. that 271 
is supported by an energy audit is not subject to the limits in 272 
this subsection if the audit demonstrates that the annual energy 273 
savings from the qualified improvement equals or exceeds the 274 
annual repayment amount of the non -ad valorem assessment. 275     
 
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 (13)  At least 30 days before entering into an assessment a 276 
financing agreement, the property owner shall provide to the 277 
holders or loan servicers of any existing mortgages encumbering 278 
or otherwise secured by the property a notice of the owner's 279 
intent to enter into an assessment a financing agreement 280 
together with the maximum principal amount to be financed and 281 
the maximum annual assessment necessary to repay that amount. A 282 
verified copy or other proof of such notice shall be provided to 283 
the local government. A provision in any agreement between a 284 
mortgagee or other lienholder and a property owner, or otherwise 285 
now or hereafter binding upon a property owner, which allows for 286 
acceleration of payment of the mortgage, note, or lien or other 287 
unilateral modification s olely as a result of entering into an 288 
assessment a financing agreement as provided for in this section 289 
is not enforceable. This subsection does not limit the authority 290 
of the holder or loan servicer to increase the required monthly 291 
escrow by an amount nece ssary to annually pay the annual 292 
qualifying improvement assessment. 293 
 (14)  At or before the time a seller purchaser executes a 294 
contract for the sale and purchase of any property for which a 295 
non-ad valorem assessment has been levied under this section and 296 
has an unpaid balance due, the seller must shall give the 297 
prospective purchaser a written disclosure statement in the 298 
following form, which shall be set forth in the contract or in a 299 
separate writing: 300     
 
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 301 
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 302 
RENEWABLE ENERGY, OR WIND RESISTANCE. —The property 303 
being purchased is located within the jurisdiction of 304 
a local government that has placed an assessment on 305 
the property pursuant to s. 163.08, Florida Statutes . 306 
The assessment is for a qualifying improvement to the 307 
property relating to energy efficiency, renewable 308 
energy, or wind resistance, and is not based on the 309 
value of property. You are encouraged to contact the 310 
county property appraiser's office to learn m ore about 311 
this and other assessments that may be provided by 312 
law. 313 
 314 
 (16)  Before final approval of an assessment financing 315 
agreement for a qualifying improvement on a residential real 316 
property, a program administrator shall reasonably determine 317 
that the property owner has the ability to pay the estimated 318 
annual assessment. To do so, the program administrator shall, at 319 
a minimum, use the underwriting requirements in subsection (9), 320 
confirm that the property owner is not in bankruptcy, and 321 
determine that the total estimated annual payment amount for all 322 
assessment financing agreements funded under this section on the 323 
property does not exceed 10 percent of the property owner's 324 
annual household income. Income may be confirmed using 325     
 
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information gathered from repu table third parties that provide 326 
reasonably reliable evidence of the property owner's household 327 
income. Income may not be confirmed solely by a property owner's 328 
statement. The failure of a property owner to disclose 329 
information set forth in paragraph (9)(d ) does not invalidate an 330 
assessment financing agreement or any obligation thereunder, 331 
even if the total estimated annual payment amount exceeds the 332 
amount that would otherwise be authorized under this subsection. 333 
 (17)  Before or contemporaneously with a p roperty owner 334 
signing an assessment financing agreement on a residential real 335 
property, the program administrator shall provide a financing 336 
estimate and disclosure to the residential real property owner 337 
which includes all of the following: 338 
 (a)  The total amount estimated to be funded, including the 339 
cost of the qualifying improvements, program fees, and 340 
capitalized interest, if any. 341 
 (b)  The estimated annual assessment. 342 
 (c)  The term of the assessment. 343 
 (d)  The interest charged and estimated annual perce ntage 344 
rate. 345 
 (e)  A description of the qualifying improvement. 346 
 (f)  A disclosure that if the property owner sells or 347 
refinances the property, the property owner, as a condition of 348 
the sale or the refinance, may be required by a mortgage lender 349 
to pay off the full amount owed under each assessment financing 350     
 
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agreement. 351 
 (g)  A disclosure that the assessment will be collected 352 
along with the property owner's property taxes and will result 353 
in a lien on the property from the date the assessment financing 354 
agreement is recorded. 355 
 (h)  A disclosure that failure to pay the assessment may 356 
result in penalties and fees, along with the issuance of a tax 357 
certificate that could result in the property owner losing the 358 
real property. 359 
 (18)  Before a notice to proceed is issu ed on residential 360 
real property, the program administrator shall conduct with the 361 
residential real property owner or an authorized representative 362 
an oral, recorded telephone call. The program administrator 363 
shall ask the residential real property owner if h e or she would 364 
like to communicate primarily in a language other than English. 365 
A program administrator may not leave a voicemail on the 366 
residential real property owner's or authorized representative's 367 
telephone to satisfy this requirement. A program admini strator, 368 
as part of such telephone call, shall confirm all of the 369 
following with the residential real property owner: 370 
 (a)  That at least one residential real property owner has 371 
access to a copy of the assessment financing agreement and 372 
financing estimates and disclosures. 373 
 (b)  The qualifying improvements being financed. 374 
 (c)  The total estimated annual costs that the residential 375     
 
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real property owner will have to pay under the assessment 376 
financing agreement, including applicable fees. 377 
 (d)  The total estima ted average monthly equivalent amount 378 
of funds the residential real property owner would have to save 379 
in order to pay the annual costs of the assessment, including 380 
applicable fees. 381 
 (e)  The estimated date the residential real property 382 
owner's first proper ty tax payment that includes the assessment 383 
will be due. 384 
 (f)  The term of the assessment financing agreement. 385 
 (g)  That payments for the assessment financing agreement 386 
will cause the residential real property owner's annual property 387 
tax bill to increase, and that payments will be made through an 388 
additional annual assessment on the property and either will be 389 
paid directly to the county tax collector's office as part of 390 
the total annual secured property tax bill or may be paid 391 
through the residential real property owner's mortgage escrow 392 
account. 393 
 (h)  That the residential real property owner has disclosed 394 
whether the property has received, or the owner is seeking, 395 
additional assessments funded under this section and that the 396 
owner has disclosed all other a ssessments funded under this 397 
section which are or are about to be placed on the property. 398 
 (i)  That the property will be subject to a lien during the 399 
term of the assessment financing agreement and that the 400     
 
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obligations under the agreement may be required t o be paid in 401 
full before the residential real property owner sells or 402 
refinances the property. 403 
 (j)  That any potential utility or insurance savings are 404 
not guaranteed and will not reduce the assessment or total 405 
assessment amount. 406 
 (k)  That the program ad ministrator does not provide tax 407 
advice, and the residential real property owner should seek 408 
professional tax advice if he or she has questions regarding tax 409 
credits, tax deductibility, or other tax impacts of the 410 
qualifying improvement or the assessment f inancing agreement. 411 
 (19)  A residential real property owner may cancel an 412 
assessment financing agreement within 3 business days after 413 
signing the assessment financing agreement without any financial 414 
penalty from the program administrator for doing so. 415 
 (20)  The term of an assessment financing agreement on 416 
residential real property may not exceed the lesser of: 417 
 (a)  Thirty years; or 418 
 (b)  The greater of either the weighted average estimated 419 
useful life of all qualifying improvements being financed or the 420 
estimated useful life of the qualifying improvements to which 421 
the greatest portion of funds is disbursed. 422 
 (21)  An assessment financing agreement authorized under 423 
this section on residential real property may not include any of 424 
the following financing ter ms: 425     
 
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 (a)  A negative amortization schedule. Capitalized interest 426 
included in the original balance of the assessment financing 427 
agreement does not constitute negative amortization. 428 
 (b)  A balloon payment. 429 
 (c)  Prepayment fees, other than nominal administra tive 430 
costs. 431 
 (22)  For residential real property, a program 432 
administrator: 433 
 (a)  May not enroll a contractor who contracts with 434 
residential real property owners to install qualifying 435 
improvements unless: 436 
 1.  The program administrator makes a reasonable effort to 437 
review that the contractor maintains in good standing an 438 
appropriate license from the state, if applicable, as well as 439 
any other permit, license, or registration required for engaging 440 
in business in the jurisdiction in which he or she operates an d 441 
that the contractor maintains all state -required bond and 442 
insurance coverage; and 443 
 2.  The program administrator obtains the contractor's 444 
written agreement that the contractor will act in accordance 445 
with all applicable laws, including applicable advertis ing and 446 
marketing laws and regulations. 447 
 (b)  Shall maintain a process to enroll new contractors 448 
which includes reasonable review of the following for each 449 
contractor: 450     
 
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 1.  Relevant work or project history. 451 
 2.  Financial and reputational background checks . 452 
 3.  A criminal background check. 453 
 4.  Status on the Better Business Bureau online platform or 454 
another online platform that tracks contractor reviews. 455 
 (c)  A program administrator may pay or reimburse 456 
contractors for any expense allowable under applicab le state law 457 
and not otherwise prohibited under this section, including, but 458 
not limited to, marketing, training, and promotions. 459 
 (23)(a)  Before disbursing funds to a contractor for a 460 
qualifying improvement on residential real property, a program 461 
administrator must first confirm that the applicable work or 462 
service has been completed through any of the following: 463 
 1.  A written certification from the property owner; 464 
 2.  A recorded telephone call with the property owner; 465 
 3.  A review of geotagged and time -stamped photographs; 466 
 4.  A review of a final permit; or 467 
 5.  A site inspection through third -party means. 468 
 (b)  A program administrator may not disclose to a 469 
contractor or to a third party engaged in soliciting an 470 
assessment financing agreement the maxim um financing amount for 471 
which a residential real property owner is eligible. 472 
 (24)  A program administrator shall comply with the 473 
following marketing and communications guidelines when 474 
communicating with residential real property owners: 475     
 
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 (a)  A program administrator may not represent: 476 
 1.  That the REEF program or assessment financing is a 477 
government assistance program; 478 
 2.  That qualifying improvements are free or that 479 
assessment financing is a free program; or 480 
 3.  That the financing of a qualifying impr ovement using 481 
the REEF program does not require the property owner to repay 482 
the financial obligation. 483 
 (b)  A program administrator may not make any 484 
representation as to the tax deductibility of an assessment 485 
authorized under this section. A program admini strator may 486 
encourage a property owner to seek the advice of a tax 487 
professional regarding tax matters related to assessments. 488 
 (25)  A contractor may not present a higher price for a 489 
qualifying improvement on residential real property financed by 490 
an assessment financing agreement than the contractor would 491 
otherwise reasonably present if the qualifying improvement was 492 
not being financed through an assessment financing agreement. 493 
 (26)  A program administrator shall use appropriate 494 
methodologies or technologies to identify and verify the 495 
identity of the residential real property owner who executes an 496 
assessment financing agreement. 497 
 (27)  A program administrator may not provide a contractor 498 
with any payment, fee, or kickback in exchange for referring 499 
assessment financing business relating to a specific assessment 500     
 
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financing agreement on residential real property. 501 
 (28)  A program administrator shall develop and implement 502 
policies and procedures for responding to, tracking, and helping 503 
to resolve questions and property owner complaints as soon as 504 
reasonably practicable. 505 
 (29)  A program administrator shall maintain a process for 506 
monitoring enrolled contractors that contract with residential 507 
real property owners to install qualifying improvements with 508 
regard to performance and compliance with program policies and 509 
shall implement policies for suspending and terminating enrolled 510 
contractors based on violations of program policies or 511 
unscrupulous behavior. A program administrator shall maintain a 512 
policy for determining the conditions on which a contractor may 513 
be reinstated to the program. 514 
 (30)  A program administrator shall provide, at a 515 
reasonable time following the end of the prior calendar year, an 516 
annual report to the dependent special district as defined in s. 517 
189.012 or a separate legal entity created pursuant to s. 518 
163.01(7) which it has contracted with to administer a REEF 519 
program and shall include information and data related to the 520 
following: 521 
 (a)  The total number of property owner complaints receiv ed 522 
which are associated with project funding in the report year. 523 
 (b)  Of the total number of property owner complaints 524 
received which are associated with project funding in the report 525     
 
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year: 526 
 1.  The number and percentage of complaints that relate to 527 
the assessment financing. 528 
 2.  The number and percentage of complaints that relate to 529 
a contractor or the workmanship of a contractor and are not 530 
related to assessment financing. 531 
 3.  The number and percentage of complaints that relate to 532 
both a contractor and the assessment financing. 533 
 4.  The number and percentage of complaints received 534 
pursuant to subparagraphs 1., 2., and 3. which were resolved and 535 
the number and percentage of complaints received pursuant to 536 
subparagraphs 1., 2., and 3. which were not resolv ed. 537 
 (c)  The percentage of property owner complaints received 538 
pursuant to subparagraphs (b)1., 2., and 3. expressed as a total 539 
of all projects funded in the report year. 540 
 (31)(a)  Subsections (16) through (30) do not apply to 541 
residential real property if the program administrator 542 
reasonably determines that: 543 
 1.  The residential real property is owned by a business 544 
entity that owns more than four residential real properties; and 545 
 2.  The business entity's managing member, partner, or 546 
beneficial owner does n ot reside in the residential real 547 
property. 548 
 (b)  Subsections (16) through (30) apply to a program 549 
administrator only when administering a REEF program for 550     
 
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qualifying improvements on residential real property. 551 
Subsections (16) through (30) do not apply wit h respect to a 552 
local government, to residential property owned by a local 553 
government, or to nonresidential real property. 554 
 Section 2.  This act shall take effect July 1, 2023. 555