HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 1 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 2 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 3 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 4 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 5 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 6 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 7 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 8 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 9 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 10 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 11 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 12 of 23 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 (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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 13 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 14 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 15 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 16 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 17 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 18 of 23 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) 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 19 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 20 of 23 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) 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 21 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 22 of 23 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 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 HB 669 2023 CODING: Words stricken are deletions; words underlined are additions. hb0669-00 Page 23 of 23 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 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