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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 Resiliency Energy Environment 2
Florida programs; amending s. 163.08, F.S.; defining 3
and revising terms; providing that a property owner 4
may apply to a Resiliency Energy Environment Florida 5
(REEF) program for funding to finance a qualifyin g 6
improvement and may enter into an assessment financing 7
agreement with a local government; providing that REEF 8
program costs may be collected as non -ad valorem 9
assessments; authorizing a local government to enter 10
into an agreement with a program administr ator to 11
administer a REEF program on the local government's 12
behalf; revising and specifying public recording 13
requirements for assessment financing agreements and 14
notices of lien; revising requirements that apply to 15
local governments or program administrato rs in 16
determining eligibility for assessment financing; 17
revising requirements for qualifying improvements; 18
revising the calculation of non -ad valorem assessment 19
limits; providing construction; specifying 20
underwriting, financing estimate, disclosure, and 21
confirmation requirements for program administrators 22
relating to residential real property; authorizing a 23
residential real property owner, under certain 24
circumstances and within a certain timeframe, to 25
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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
cancel an assessment financing agreement without 26
financial penalty; specifying limitations on 27
assessment financing agreement terms for residential 28
real property; prohibiting certain financing terms for 29
residential real property; specifying requirements 30
for, and certain prohibited acts by, program 31
administrators relating to assessment financing 32
agreements and contractors for qualifying improvements 33
to residential real property; specifying additional 34
annual reporting requirements for program 35
administrators; providing construction and 36
applicability; conforming prov isions to changes made 37
by the act; providing an effective 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) through (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, the 49
Legislature amended the energy goal of the state comprehensive 50
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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
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 subject to the 61
Florida Energy Efficiency Cod e 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 general 65
election, the voters of this stat e 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 sou rce 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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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 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 with wind 83
resistance qualifying improveme nts 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 compel ling 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 improvements 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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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 state 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 acquisiti on or installation 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 "assessment" 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 qualify ing improvement. 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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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 improvemen t, which includes, 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
4. Wastewater improvement, which includes, but is not 150
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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
limited to: 151
a. The removal, replacement, or improvement of an onsite 152
sewage treatment and dispos al system with a secondary or 153
advanced onsite sewage treatment and disposal system or 154
technology; 155
b. The replacement or conversion of an onsite sewage 156
treatment and disposal system to a central sewerage system or 157
distributed sewerage system, including, b ut not limited to, the 158
installation of a sewer lateral and anything necessary to 159
connect the onsite sewage treatment and disposal system or the 160
building's plumbing to a central sewerage system or distributed 161
sewerage system; or 162
c. Any removal, repairs, o r modifications made to an 163
onsite sewage treatment and disposal system, including any 164
repair, modification, or replacement of a system required under 165
a local ordinance enacted pursuant to ss. 381.0065 and 166
381.00651. 167
5. Flood and water damage mitigation a nd resiliency 168
improvement, which includes, but is not limited to, projects and 169
installation for: 170
a. The raising of a structure above the base flood 171
elevation to reduce flood damage; 172
b. A flood diversion apparatus or sea wall improvement, 173
which includes seawall repairs and seawall replacements; 174
c. Flood damage-resistant building materials; 175
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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
d. Electrical, mechanical, plumbing, or other system 176
improvements that reduce flood damage; or 177
e. Other improvements that qualify for reductions in flood 178
insurance premiums. 179
(g) "Residential real property" means a residential real 180
property composed of four or fewer dwelling units which has been 181
or will be improved by a qualifying improvement. 182
(h) "Resiliency Energy Environment Florida (REEF) program" 183
means a program established by a local government, alone or in 184
partnership with other local governments or a program 185
administrator, to finance qualifying improvements on 186
nonresidential real property or residential real property. 187
(4) Subject to local government or dinance or resolution, a 188
property owner may apply to the REEF program local government 189
for funding to finance a qualifying improvement and enter into 190
an assessment a financing agreement with the local government. 191
Costs incurred by the REEF program local government for such 192
purpose may be collected as a non -ad valorem assessment. A non -193
ad valorem assessment shall be collected pursuant to s. 197.3632 194
and, notwithstanding s. 197.3632(8)(a), shall not be subject to 195
discount for early payment. However, the notic e and adoption 196
requirements of s. 197.3632(4) do not apply if this section is 197
used and complied with, and the intent resolution, publication 198
of notice, and mailed notices to the property appraiser, tax 199
collector, and Department of Revenue required by s. 200
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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
197.3632(3)(a) may be provided on or before August 15 in 201
conjunction with any non -ad valorem assessment authorized by 202
this section, if the property appraiser, tax collector, and 203
local government agree. 204
(6) A local government may enter into an agreement wit h a 205
program administrator to administer a REEF program on behalf of 206
the local government A qualifying improvement program may be 207
administered by a for -profit entity or a not -for-profit 208
organization on behalf of and at the discretion of the local 209
government. 210
(7) A local government may incur debt for the purpose of 211
providing financing for qualifying such improvements, which debt 212
is payable from revenues received from the improved property , or 213
from any other available revenue source authorized under this 214
section or by other law. 215
(8) A local government may enter into an assessment a 216
financing agreement to finance or refinance a qualifying 217
improvement only with the record owner of the affected property. 218
Any assessment financing agreement entered into pursuant to this 219
section or a summary memorandum of such agreement shall be 220
submitted for recording recorded in the public records of the 221
county within which the property is located by the sponsoring 222
unit of local government within 5 days after execution of the 223
agreement. The recorded agreement shall provide constructive 224
notice that the assessment to be levied on the property 225
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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
constitutes a lien of equal dignity to county taxes and 226
assessments from the date of recordation. A notice of lien for 227
the full amount of the financing may be recorded in the public 228
records of the county where the property is located. Such lien 229
shall not be enforceable in a manner that results in the 230
acceleration of the remaining nondelinquent unpaid ba lance under 231
the assessment financing agreement. 232
(9) Before entering into an assessment a financing 233
agreement, the local government , or the program administrator 234
acting on its behalf, shall reasonably determine that all of the 235
following conditions are met : 236
(a) All property taxes and any other assessments levied on 237
the same bill as property taxes are current paid and have not 238
been delinquent for more than 30 days for the preceding 3 years 239
or the property owner's period of ownership, whichever is less .; 240
(b) that There are no involuntary liens greater than 241
$1,000, including, but not limited to, construction liens on the 242
property.; 243
(c) that No notices of default or other evidence of 244
property-based debt delinquency have been recorded and not 245
released during the preceding 3 years or the property owner's 246
period of ownership, whichever is less .; 247
(d) The local government or program administrator has 248
asked the property owner whether any other assessments under 249
this section have been recorded or have been funded and not yet 250
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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
recorded on the property. The failure of a property owner to 251
disclose information set forth in this paragraph does not 252
invalidate an assessment financing agreement or any obligation 253
thereunder, even if the total financed amount of the q ualifying 254
improvements exceeds the amount that would otherwise be 255
authorized under paragraph (12)(a). 256
(e) and that The property owner is current on all mortgage 257
debt on the property. 258
(f) The residential property is not subject to an existing 259
home equity conversion mortgage or reverse mortgage product. 260
This paragraph does not apply to nonresidential real property. 261
(g) The property is not currently a residential property 262
gifted to a homeowner for free by a nonprofit entity as may be 263
disclosed by the pro perty owner. The failure of a property owner 264
to disclose information set forth in this paragraph does not 265
invalidate an assessment financing agreement or any obligation 266
thereunder. This paragraph does not apply to nonresidential real 267
property. 268
(10) Before final funding may be provided, a qualifying 269
improvement must shall be affixed or planned to be affixed to a 270
nonresidential real property or residential real building or 271
facility that is part of the property and constitutes shall 272
constitute an improvement to that property the building or 273
facility or a fixture attached to the building or facility . An 274
assessment financing agreement may between a local government 275
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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
and a qualifying property owner may not cover qualifying wind-276
resistance improvements on nonresidential real property under 277
new construction or residential real property in buildings or 278
facilities under new construction or construction for which a 279
certificate of occupancy or similar evidence of substantial 280
completion of new construction or imp rovement has not been 281
issued. 282
(12)(a) Without the consent of the holders or loan 283
servicers of any mortgage encumbering or otherwise secured by 284
the property, the total amount of any non -ad valorem assessment 285
for a property under this section may not excee d 20 percent of 286
the fair market just value of the real property as determined by 287
the county property appraiser . The combined mortgage -related 288
debt and total amount of any non -ad valorem assessments funded 289
under this section for residential real property ma y not exceed 290
100 percent of the fair market value of the residential real 291
property. However, the failure of a property owner to disclose 292
information set forth in paragraph (9)(d) does not invalidate an 293
assessment financing agreement or any obligation there under, 294
even if the total financed amount of the qualifying improvements 295
exceeds the amount that would otherwise be authorized under this 296
paragraph. For purposes of this paragraph, fair market value may 297
be determined using reputable third parties. 298
(b) Notwithstanding paragraph (a), a non -ad valorem 299
assessment for a qualifying improvement defined in subparagraph 300
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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
(2)(f)1. (2)(b)1. or subparagraph (2)(f)2. which (2)(b)2. that 301
is supported by an energy audit is not subject to the limits in 302
this subsection if t he audit demonstrates that the annual energy 303
savings from the qualified improvement equals or exceeds the 304
annual repayment amount of the non -ad valorem assessment. 305
(13) At least 30 days before entering into an assessment a 306
financing agreement, the proper ty owner shall provide to the 307
holders or loan servicers of any existing mortgages encumbering 308
or otherwise secured by the property a notice of the owner's 309
intent to enter into an assessment a financing agreement 310
together with the maximum principal amount t o be financed and 311
the maximum annual assessment necessary to repay that amount. A 312
verified copy or other proof of such notice shall be provided to 313
the local government. A provision in any agreement between a 314
mortgagee or other lienholder and a property own er, or otherwise 315
now or hereafter binding upon a property owner, which allows for 316
acceleration of payment of the mortgage, note, or lien or other 317
unilateral modification solely as a result of entering into an 318
assessment a financing agreement as provided fo r in this section 319
is not enforceable. This subsection does not limit the authority 320
of the holder or loan servicer to increase the required monthly 321
escrow by an amount necessary to annually pay the annual 322
qualifying improvement assessment. 323
(14) At or before the time a seller purchaser executes a 324
contract for the sale and purchase of any property for which a 325
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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
non-ad valorem assessment has been levied under this section and 326
has an unpaid balance due, the seller must shall give the 327
prospective purchaser a writ ten disclosure statement in the 328
following form, which shall be set forth in the contract or in a 329
separate writing: 330
331
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 332
RENEWABLE ENERGY, FLOOD MITIGATION, ADVANCED 333
TECHNOLOGIES FOR WASTEWATER REMOVAL, OR WIND 334
RESISTANCE.—The property being purchased is located 335
within the jurisdiction of a local government that has 336
placed an assessment on the property pursuant to s. 337
163.08, Florida Statutes. The assessment is for a 338
qualifying improvement to the property relating to 339
energy efficiency, renewable energy, flood mitigation, 340
advanced technologies for wastewater removal, or wind 341
resistance, and is not based on the value of property. 342
You are encouraged to contact the county property 343
appraiser's office to learn more about th is and other 344
assessments that may be provided by law. 345
346
(16) Before final approval of an assessment financing 347
agreement for a qualifying improvement on a residential real 348
property, a program administrator shall reasonably determine 349
that the property owner has the ability to pay the estimated 350
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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
annual assessment. To do so, the program administrator shall, at 351
a minimum, use the underwriting requirements in subsection (9), 352
confirm that the property owner is not in bankruptcy, and 353
determine that the total estima ted annual payment amount for all 354
assessment financing agreements funded under this section on the 355
property does not exceed 10 percent of the property owner's 356
annual household income. Income may be confirmed using 357
information gathered from reputable third parties that provide 358
reasonably reliable evidence of the property owner's household 359
income. Income may not be confirmed solely by a property owner's 360
statement. The failure of a property owner to disclose 361
information set forth in paragraph (9)(d) does not i nvalidate an 362
assessment financing agreement or any obligation thereunder, 363
even if the total estimated annual payment amount exceeds the 364
amount that would otherwise be authorized under this subsection. 365
(17) Before or contemporaneously with a property owne r 366
signing an assessment financing agreement on a residential real 367
property, the program administrator shall provide a financing 368
estimate and disclosure to the residential real property owner 369
which includes all of the following: 370
(a) The total amount estim ated to be funded, including the 371
cost of the qualifying improvements, program fees, and 372
capitalized interest, if any. 373
(b) The estimated annual assessment. 374
(c) The term of the assessment. 375
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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
(d) The interest charged and estimated annual percentage 376
rate. 377
(e) A description of the qualifying improvement. 378
(f) A disclosure that if the property owner sells or 379
refinances the property, the property owner, as a condition of 380
the sale or the refinance, may be required by a mortgage lender 381
to pay off the full amo unt owed under each assessment financing 382
agreement. 383
(g) A disclosure that the assessment will be collected 384
along with the property owner's property taxes and will result 385
in a lien on the property from the date the assessment financing 386
agreement is recorded. 387
(h) A disclosure that failure to pay the assessment may 388
result in penalties and fees, along with the issuance of a tax 389
certificate that could result in the property owner losing the 390
real property. 391
(18) Before a notice to proceed is issued on reside ntial 392
real property, the program administrator shall conduct with the 393
residential real property owner or an authorized representative 394
an oral, recorded telephone call. The program administrator 395
shall ask the residential real property owner if he or she wou ld 396
like to communicate primarily in a language other than English. 397
A program administrator may not leave a voicemail on the 398
residential real property owner's or authorized representative's 399
telephone to satisfy this requirement. A program administrator, 400
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as part of such telephone call, shall confirm all of the 401
following with the residential real property owner: 402
(a) That at least one residential real property owner has 403
access to a copy of the assessment financing agreement and 404
financing estimates and disclos ures. 405
(b) The qualifying improvements being financed. 406
(c) The total estimated annual costs that the residential 407
real property owner will have to pay under the assessment 408
financing agreement, including applicable fees. 409
(d) The total estimated average monthly equivalent amount 410
of funds the residential real property owner would have to save 411
in order to pay the annual costs of the assessment, including 412
applicable fees. 413
(e) The estimated date the residential real property 414
owner's first property tax payment that includes the assessment 415
will be due. 416
(f) The term of the assessment financing agreement. 417
(g) That payments for the assessment financing agreement 418
will cause the residential real property owner's annual property 419
tax bill to increase, and th at payments will be made through an 420
additional annual assessment on the property and either will be 421
paid directly to the county tax collector's office as part of 422
the total annual secured property tax bill or may be paid 423
through the residential real propert y owner's mortgage escrow 424
account. 425
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(h) That the residential real property owner has disclosed 426
whether the property has received, or the owner is seeking, 427
additional assessments funded under this section and that the 428
owner has disclosed all other assessments funded under this 429
section which are or are about to be placed on the property. 430
(i) That the property will be subject to a lien during the 431
term of the assessment financing agreement and that the 432
obligations under the agreement may be required to be paid in 433
full before the residential real property owner sells or 434
refinances the property. 435
(j) That any potential utility or insurance savings are 436
not guaranteed and will not reduce the assessment or total 437
assessment amount. 438
(k) That the program a dministrator does not provide tax 439
advice, and the residential real property owner should seek 440
professional tax advice if he or she has questions regarding tax 441
credits, tax deductibility, or other tax impacts of the 442
qualifying improvement or the assessment financing agreement. 443
(19) A residential real property owner may cancel an 444
assessment financing agreement within 3 business days after 445
signing the assessment financing agreement without any financial 446
penalty from the program administrator for doing so. 447
(20) The term of an assessment financing agreement on 448
residential real property may not exceed the lesser of: 449
(a) Thirty years; or 450
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(b) The greater of either the weighted average estimated 451
useful life of all qualifying improvements being financed or the 452
estimated useful life of the qualifying improvements to which 453
the greatest portion of funds is disbursed. 454
(21) An assessment financing agreement authorized under 455
this section on residential real property may not include any of 456
the following financing te rms: 457
(a) A negative amortization schedule. Capitalized interest 458
included in the original balance of the assessment financing 459
agreement does not constitute negative amortization. 460
(b) A balloon payment. 461
(c) Prepayment fees, other than nominal administr ative 462
costs. 463
(22) For residential real property, a program 464
administrator: 465
(a) May not enroll a contractor who contracts with 466
residential real property owners to install qualifying 467
improvements unless: 468
1. The program administrator makes a reasonable e ffort to 469
review that the contractor maintains in good standing an 470
appropriate license from the state, if applicable, as well as 471
any other permit, license, or registration required for engaging 472
in business in the jurisdiction in which he or she operates and 473
that the contractor maintains all state -required bond and 474
insurance coverage; and 475
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2. The program administrator obtains the contractor's 476
written agreement that the contractor will act in accordance 477
with all applicable laws, including applicable advertisi ng and 478
marketing laws and regulations. 479
(b) Shall maintain a process to enroll new contractors 480
which includes reasonable review of the following for each 481
contractor: 482
1. Relevant work or project history. 483
2. Financial and reputational background checks. 484
3. A criminal background check. 485
4. Status on the Better Business Bureau online platform or 486
another online platform that tracks contractor reviews. 487
(c) A program administrator may pay or reimburse 488
contractors for any expense allowable under applicabl e state law 489
and not otherwise prohibited under this section, including, but 490
not limited to, marketing, training, and promotions. 491
(23)(a) Before disbursing funds to a contractor for a 492
qualifying improvement on residential real property, a program 493
administrator must first confirm that the applicable work or 494
service has been completed through any of the following: 495
1. A written certification from the property owner; 496
2. A recorded telephone call with the property owner; 497
3. A review of geotagged and time -stamped photographs; 498
4. A review of a final permit; or 499
5. A site inspection through third -party means. 500
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(b) A program administrator may not disclose to a 501
contractor or to a third party engaged in soliciting an 502
assessment financing agreement the maximum financing amount for 503
which a residential real property owner is eligible. 504
(24) A program administrator shall comply with the 505
following marketing and communications guidelines when 506
communicating with residential real property owners: 507
(a) A program administrator may not represent: 508
1. That the REEF program or assessment financing is a 509
government assistance program; 510
2. That qualifying improvements are free or that 511
assessment financing is a free program; or 512
3. That the financing of a qualifying improvement using 513
the REEF program does not require the property owner to repay 514
the financial obligation. 515
(b) A program administrator may not make any 516
representation as to the tax deductibility of an assessment 517
authorized under this section. A program a dministrator may 518
encourage a property owner to seek the advice of a tax 519
professional regarding tax matters related to assessments. 520
(25) A contractor may not present a higher price for a 521
qualifying improvement on residential real property financed by 522
an assessment financing agreement than the contractor would 523
otherwise reasonably present if the qualifying improvement was 524
not being financed through an assessment financing agreement. 525
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(26) A program administrator shall use appropriate 526
methodologies or techn ologies to identify and verify the 527
identity of the residential real property owner who executes an 528
assessment financing agreement. 529
(27) A program administrator may not provide a contractor 530
with any payment, fee, or kickback in exchange for referring 531
assessment financing business relating to a specific assessment 532
financing agreement on residential real property. 533
(28) A program administrator shall develop and implement 534
policies and procedures for responding to, tracking, and helping 535
to resolve questions a nd property owner complaints as soon as 536
reasonably practicable. 537
(29) A program administrator shall maintain a process for 538
monitoring enrolled contractors that contract with residential 539
real property owners to install qualifying improvements with 540
regard to performance and compliance with program policies and 541
shall implement policies for suspending and terminating enrolled 542
contractors based on violations of program policies or 543
unscrupulous behavior. A program administrator shall maintain a 544
policy for determining the conditions on which a contractor may 545
be reinstated to the program. 546
(30) A program administrator shall provide, at a 547
reasonable time following the end of the prior calendar year, an 548
annual report to the dependent special district as defined in s . 549
189.012 or a separate legal entity created pursuant to s. 550
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163.01(7) which it has contracted with to administer a REEF 551
program and shall include information and data related to the 552
following: 553
(a) The total number of property owner complaints received 554
which are associated with project funding in the report year. 555
(b) Of the total number of property owner complaints 556
received which are associated with project funding in the report 557
year: 558
1. The number and percentage of complaints that relate to 559
the assessment financing. 560
2. The number and percentage of complaints that relate to 561
a contractor or the workmanship of a contractor and are not 562
related to assessment financing. 563
3. The number and percentage of complaints that relate to 564
both a contractor and the a ssessment financing. 565
4. The number and percentage of complaints received 566
pursuant to subparagraphs 1., 2., and 3. which were resolved and 567
the number and percentage of complaints received pursuant to 568
subparagraphs 1., 2., and 3. which were not resolved. 569
(c) The percentage of property owner complaints received 570
pursuant to subparagraphs (b)1., 2., and 3. expressed as a total 571
of all projects funded in the report year. 572
(31)(a) Subsections (16) through (30) do not apply to 573
residential real property if the program administrator 574
reasonably determines that: 575
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1. The residential real property is owned by a business 576
entity that owns more than four residential real properties; and 577
2. The business entity's managing member, partner, or 578
beneficial owner does not r eside in the residential real 579
property. 580
(b) Subsections (16) through (30) apply to a program 581
administrator only when administering a REEF program for 582
qualifying improvements on residential real property. 583
Subsections (16) through (30) do not apply with re spect to a 584
local government, to residential property owned by a local 585
government, or to nonresidential real property. 586
Section 2. This act shall take effect July 1, 2023. 587