FL
Florida House Bill H0669

Florida 2023 Regular Session

Florida House Bill H0669 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to improvements to real property; 2
16-amending s. 163.08, F.S.; revising legislative 3
17-findings; defining and revising terms; authorizing a 4
18-residential or commercial property owner to apply to a 5
19-qualifying improvement program for funding to finan ce 6
20-an improvement and to enter into a financing agreement 7
21-with the local government or program administrator; 8
22-providing that a non -ad valorem assessment on certain 9
23-commercial property is subject to a certain fee; 10
24-specifying requirements of a financing agre ement for 11
25-government commercial property; revising and 12
26-specifying public records requirements for assessment 13
27-financing agreements and notices of lien; revising 14
28-requirements for local governments and program 15
29-administrators when determining eligibility for 16
30-assessment financing; revising requirements for 17
31-qualifying improvements; revising the calculation of 18
32-non-ad valorem assessment limits; providing 19
33-construction; specifying underwriting, financing 20
34-estimate, disclosure, and confirmation requirements 21
35-for local governments and program administrators; 22
36-restricting what improvements may be covered in 23
37-certain agreements between local governments or 24
38-program administrators and commercial property owners; 25
15+An act relating to Resiliency Energy Environment 2
16+Florida programs; amending s. 163.08, F.S.; defining 3
17+and revising terms; providing that a property owner 4
18+may apply to a Resiliency Energy Environment Florida 5
19+(REEF) program for funding to finance a qualifyin g 6
20+improvement and may enter into an assessment financing 7
21+agreement with a local government; providing that REEF 8
22+program costs may be collected as non -ad valorem 9
23+assessments; authorizing a local government to enter 10
24+into an agreement with a program administr ator to 11
25+administer a REEF program on the local government's 12
26+behalf; revising and specifying public recording 13
27+requirements for assessment financing agreements and 14
28+notices of lien; revising requirements that apply to 15
29+local governments or program administrato rs in 16
30+determining eligibility for assessment financing; 17
31+revising requirements for qualifying improvements; 18
32+revising the calculation of non -ad valorem assessment 19
33+limits; providing construction; specifying 20
34+underwriting, financing estimate, disclosure, and 21
35+confirmation requirements for program administrators 22
36+relating to residential real property; authorizing a 23
37+residential real property owner, under certain 24
38+circumstances and within a certain timeframe, to 25
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4747 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
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51-revising notice and consent requirements regarding a 26
52-property owner's intent to enter into a financing 27
53-agreement; revising the seller's disclosure statement 28
54-for residential and commercial properties offered for 29
55-sale; authorizing a residential property owner, under 30
56-certain circumstances and within a certain timeframe, 31
57-to cancel a financing agreement without financial 32
58-penalty; specifying limitations on financing agreement 33
59-terms for residential property; prohibiting certain 34
60-financing terms for residential property; specifying 35
61-requirements for, and certain prohibited acts by, 36
62-program administrators relating to financing 37
63-agreements and contractors for qualifying improvements 38
64-to residential property; specifying annual reporting 39
65-requirements for local governments; providing 40
66-construction; providing an effective date. 41
67- 42
68-Be It Enacted by the Legislature of the State of Florida: 43
69- 44
70- Section 1. Section 163.08, Florida Statutes, is amended to 45
71-read: 46
51+cancel an assessment financing agreement without 26
52+financial penalty; specifying limitations on 27
53+assessment financing agreement terms for residential 28
54+real property; prohibiting certain financing terms for 29
55+residential real property; specifying requirements 30
56+for, and certain prohibited acts by, program 31
57+administrators relating to assessment financing 32
58+agreements and contractors for qualifying improvements 33
59+to residential real property; specifying additional 34
60+annual reporting requirements for program 35
61+administrators; providing construction and 36
62+applicability; conforming prov isions to changes made 37
63+by the act; providing an effective date. 38
64+ 39
65+Be It Enacted by the Legislature of the State of Florida: 40
66+ 41
67+ Section 1. Subsection (16) of section 163.08, Florida 42
68+Statutes, is renumbered as subsection (32), subsections (1), 43
69+(2), (4), (6) through (10), and (12) through (14) are amended, 44
70+and a new subsection (16) and subsections (17) through (31) are 45
71+added to that section, to read: 46
7272 163.08 Supplemental authority for improvements to real 47
7373 property.— 48
7474 (1)(a) In chapter 2008 -227, Laws of Florida, the 49
7575 Legislature amended the energy goal of the state comprehensive 50
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8484 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
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8888 plan to provide, in part, that the state shall reduce its energy 51
8989 requirements through enhanced conservation and efficiency 52
9090 measures in all end-use sectors and reduce atmospheric carbon 53
9191 dioxide by promoting an increased use of renewable energy 54
9292 resources. That act also declared it the public policy of the 55
9393 state to play a leading role in developing and instituting 56
9494 energy management programs that promote energy conservation, 57
9595 energy security, and the reduction of greenhouse gases. In 58
9696 addition to establishing policies to promote the use of 59
9797 renewable energy, the Legislature provided for a schedule of 60
9898 increases in energy performance of buildings subject to the 61
9999 Florida Energy Efficiency Cod e for Building Construction. In 62
100100 chapter 2008-191, Laws of Florida, the Legislature adopted new 63
101101 energy conservation and greenhouse gas reduction comprehensive 64
102102 planning requirements for local governments. In the 2008 general 65
103103 election, the voters of this stat e approved a constitutional 66
104104 amendment authorizing the Legislature, by general law, to 67
105105 prohibit consideration of any change or improvement made for the 68
106106 purpose of improving a property's resistance to wind damage or 69
107107 the installation of a renewable energy sou rce device in the 70
108108 determination of the assessed value of residential real 71
109109 property. 72
110110 (b) The Legislature finds that all energy -consuming-73
111111 improved properties that are not using energy conservation 74
112112 strategies contribute to the burden affecting all improved 75
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121121 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
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125125 property resulting from fossil fuel energy production. Improved 76
126126 property that has been retrofitted with energy -related 77
127127 qualifying improvements receives the special benefit of 78
128128 alleviating the property's burden from energy consumption. All 79
129129 improved properties not protected from wind damage by wind 80
130130 resistance qualifying improvements contribute to the burden 81
131131 affecting all improved property resulting from potential wind 82
132-damage. Improved commercial property constructed or that has 83
133-been retrofitted with resiliency qualifying improvements and 84
134-improved residential property retrofitted with wind resistance 85
135-qualifying improvements receive receives the special benefit of 86
136-reducing the property's burden from potential wind damage. 87
137-Further, the installation and operation of qualifying 88
138-improvements not only benefit the affected properties for which 89
139-the improvements are made, but also assist in fulfilling the 90
140-goals of the state's energy and hurricane mitigation policies. 91
141-Residential properties that do not use advanced technologies for 92
142-wastewater removal c ontribute to the water quality problems 93
143-affecting this state, particularly the coastal areas. Improved 94
144-residential property retrofitted with an advanced onsite sewage 95
145-treatment and disposal system or converted to central sewerage 96
146-significantly benefits the quality of water that may enter 97
147-streams, lakes, rivers, aquifers, or coastal areas. 98
148- (c) In order to make qualifying improvements more 99
149-affordable and assist property owners who wish to undertake such 100
132+damage. Improved property that has been retrofitted with wind 83
133+resistance qualifying improveme nts receives the special benefit 84
134+of reducing the property's burden from potential wind damage. 85
135+Further, the installation and operation of qualifying 86
136+improvements not only benefit the affected properties for which 87
137+the improvements are made, but also assist in fulfilling the 88
138+goals of the state's energy and hurricane mitigation policies. 89
139+ (c) In order to make qualifying improvements more 90
140+affordable and assist property owners who wish to undertake such 91
141+improvements, the Legislature finds that there is a compel ling 92
142+state interest in enabling property owners to voluntarily 93
143+finance such improvements with local government assistance. 94
144+ (d)(c) The Legislature determines that the actions 95
145+authorized under this section, including, but not limited to, 96
146+the financing of qualifying improvements through the execution 97
147+of assessment financing agreements and the related imposition of 98
148+voluntary assessments , are reasonable and necessary to serve and 99
149+achieve a compelling state interest and are necessary for the 100
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158158 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
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162-improvements, the Legislature finds that there is a co mpelling 101
163-state interest in enabling property owners to voluntarily 102
164-finance such improvements with local government assistance. 103
165- (d)(c) The Legislature determines that the actions 104
166-authorized under this section, including, but not limited to, 105
167-the financing of qualifying improvements through the execution 106
168-of financing agreements and the related imposition of voluntary 107
169-assessments are reasonable and necessary to serve and achieve a 108
170-compelling state interest and are necessary for the prosperity 109
171-and welfare of the state and its property owners and 110
172-inhabitants. 111
173- (2) As used in this section, the term: 112
174- (a) "Commercial property" means real property not defined 113
175-as residential property which will be or has been improved by a 114
176-qualifying improvement, including, but no t limited to, the 115
177-following: 116
178- 1. A multifamily residential property composed of five or 117
179-more dwelling units; 118
180- 2. A commercial real property; 119
181- 3. An industrial building or property; 120
182- 4. An agricultural property; 121
183- 5. A nonprofit-owned property; 122
184- 6. A long-term care facility, including nursing homes and 123
185-assisted living facilities; or 124
186- 7. A government commercial property. 125
162+prosperity and welfare of the state and its property owners and 101
163+inhabitants. 102
164+ (2) As used in this section, the term: 103
165+ (a) "Assessment financing agreement" means the financing 104
166+agreement, under a REEF program, between a local government and 105
167+a property owner for the acquisiti on or installation of 106
168+qualifying improvements. 107
169+ (b)(a) "Local government" means a county, a municipality, 108
170+a dependent special district as defined in s. 189.012, or a 109
171+separate legal entity created pursuant to s. 163.01(7). 110
172+ (c) "Non-ad valorem assessment" or "assessment" has the 111
173+same meaning as the term "non -ad valorem assessment" as defined 112
174+in s. 197.3632(1). 113
175+ (d) "Nonresidential real property" means any property not 114
176+defined as residential real property and which will be or has 115
177+been improved by a qualify ing improvement. The term includes 116
178+multifamily residential property composed of five or more 117
179+dwelling units. 118
180+ (e) "Program administrator" means an entity, including, 119
181+but not limited to, a for -profit or not-for-profit entity, with 120
182+which a local government may contract to administer a REEF 121
183+program. 122
184+ (f)(b) "Qualifying improvement" includes any: 123
185+ 1. Energy conservation and efficiency improvement, which 124
186+is a measure to reduce consumption through conservation or a 125
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195195 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
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199- (b) "Facility" means any portion of a building, structure, 126
200-or site improvement located on a site as defined in s. 202 of 127
201-the 2020 Florida Building Code. 128
202- (c) "Government commercial property" means real property 129
203-owned by a local government and leased to a nongovernmental 130
204-lessee when the usage by the lessee meets the definition of 131
205-commercial property. 132
206- (d)(a) "Local government" means a county, a municipality, 133
207-a dependent special district as defined in s. 189.012, or a 134
208-separate legal entity created pursuant to s. 163.01(7). 135
209- (e) "Nongovernmental lessee" means a person or an entity 136
210-other than a local government which leases government c ommercial 137
211-property. 138
212- (f) "Program administrator" means an entity, including, 139
213-but not limited to, a for -profit or not-for-profit entity, with 140
214-which a local government has contracted to administer a 141
215-qualifying improvement program. 142
216- (g) "Qualifying improvem ent contractor" means an 143
217-independent contractor who has been enrolled under a qualifying 144
218-improvement program to install or otherwise perform work on 145
219-qualifying improvements financed through the program. 146
220- (h) "Qualifying improvement program" means a progra m 147
221-established by a local government, alone or in partnership with 148
222-other local governments or a program administrator, to finance 149
223-qualifying improvements on residential or commercial real 150
199+more efficient use of electricity, natural gas, propane, or 126
200+other forms of energy on the property, including, but not 127
201+limited to, air sealing; installation of insulation; 128
202+installation of energy -efficient heating, cooling, or 129
203+ventilation systems; building modifications to increase the use 130
204+of daylight; replacement of windows; installation of energy 131
205+controls or energy recovery systems; installation of electric 132
206+vehicle charging equipment; and installation of efficient 133
207+lighting equipment. 134
208+ 2. Renewable energy improvement, which is the installation 135
209+of any system in which the electrical, mechanical, or thermal 136
210+energy is produced from a method that uses one or more of the 137
211+following fuels or energy sources: hydrogen, solar energy, 138
212+geothermal energy, bioenergy, and wind energy. 139
213+ 3. Wind resistance improvemen t, which includes, but is not 140
214+limited to: 141
215+ a. Improving the strength of the roof deck attachment; 142
216+ b. Creating a secondary water barrier to prevent water 143
217+intrusion; 144
218+ c. Installing wind-resistant shingles; 145
219+ d. Installing gable -end bracing; 146
220+ e. Reinforcing roof-to-wall connections; 147
221+ f. Installing storm shutters; or 148
222+ g. Installing opening protections. 149
223+ 4. Wastewater improvement, which includes, but is not 150
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232232 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
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236-property. 151
237- (i)(b) "Qualifying improvements improvement": 152
238- 1. For residential property, includes any: 153
239- a.1. Energy conservation and efficiency improvement, which 154
240-is a measure to reduce consumption through conservation or a 155
241-more efficient use of electricity, natural gas, propane, or 156
242-other forms of energy on the property, i ncluding, but not 157
243-limited to, air sealing; installation of insulation; 158
244-installation of energy -efficient heating, cooling, or 159
245-ventilation systems; building modifications to increase the use 160
246-of daylight; replacement of windows; installation of energy 161
247-controls or energy recovery systems; installation of electric 162
248-vehicle charging equipment; and installation of efficient 163
249-lighting equipment. 164
250- b.2. Renewable energy improvement, which is the 165
251-installation of any system in which the electrical, mechanical, 166
252-or thermal energy is produced from a method that uses one or 167
253-more of the following fuels or energy sources: hydrogen, solar 168
254-energy, geothermal energy, bioenergy, and wind energy. 169
255- c.3. Wind resistance improvement, which includes, but is 170
256-not limited to: 171
257- (I)a. Improving the strength of the roof deck attachment; 172
258- (II)b. Creating a secondary water barrier to prevent water 173
259-intrusion; 174
260- (III)c. Installing wind-resistant shingles; 175
236+limited to: 151
237+ a. The removal, replacement, or improvement of an onsite 152
238+sewage treatment and dispos al system with a secondary or 153
239+advanced onsite sewage treatment and disposal system or 154
240+technology; 155
241+ b. The replacement or conversion of an onsite sewage 156
242+treatment and disposal system to a central sewerage system or 157
243+distributed sewerage system, including, b ut not limited to, the 158
244+installation of a sewer lateral and anything necessary to 159
245+connect the onsite sewage treatment and disposal system or the 160
246+building's plumbing to a central sewerage system or distributed 161
247+sewerage system; or 162
248+ c. Any removal, repairs, o r modifications made to an 163
249+onsite sewage treatment and disposal system, including any 164
250+repair, modification, or replacement of a system required under 165
251+a local ordinance enacted pursuant to ss. 381.0065 and 166
252+381.00651. 167
253+ 5. Flood and water damage mitigation a nd resiliency 168
254+improvement, which includes, but is not limited to, projects and 169
255+installation for: 170
256+ a. The raising of a structure above the base flood 171
257+elevation to reduce flood damage; 172
258+ b. A flood diversion apparatus or sea wall improvement, 173
259+which includes seawall repairs and seawall replacements; 174
260+ c. Flood damage-resistant building materials; 175
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269269 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
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273- (IV)d. Installing gable-end bracing; 176
274- (V)e. Reinforcing roof-to-wall connections; 177
275- (VI)f. Installing storm shutters; or 178
276- (VII)g. Installing opening protections. 179
277- d. Wastewater improvement, which includes, but is not 180
278-limited to: 181
279- (I) The removal, replacement, or improvement of an onsite 182
280-sewage treatment and disposal system with a seco ndary or 183
281-advanced onsite sewage treatment and disposal system or 184
282-technology; 185
283- (II) The replacement or conversion of an onsite sewage 186
284-treatment and disposal system to a central sewerage system or 187
285-distributed sewerage system, including, but not limited to, the 188
286-installation of a sewer lateral and anything necessary to 189
287-connect the onsite sewage treatment and disposal system or the 190
288-building's plumbing to a central sewerage system or distributed 191
289-sewerage system; or 192
290- (III) Any removal, repairs, or modifications made to an 193
291-onsite sewage treatment and disposal system, including any 194
292-repair, modification, or replacement of a system required under 195
293-a local ordinance enacted pursuant to ss. 381.0065 and 196
294-381.00651. 197
295- 2. For commercial property, includes any: 198
296- a. Energy conservation and efficiency improvement, which 199
297-is a measure to reduce consumption through conservation or a 200
273+ d. Electrical, mechanical, plumbing, or other system 176
274+improvements that reduce flood damage; or 177
275+ e. Other improvements that qualify for reductions in flood 178
276+insurance premiums. 179
277+ (g) "Residential real property" means a residential real 180
278+property composed of four or fewer dwelling units which has been 181
279+or will be improved by a qualifying improvement. 182
280+ (h) "Resiliency Energy Environment Florida (REEF) program" 183
281+means a program established by a local government, alone or in 184
282+partnership with other local governments or a program 185
283+administrator, to finance qualifying improvements on 186
284+nonresidential real property or residential real property. 187
285+ (4) Subject to local government or dinance or resolution, a 188
286+property owner may apply to the REEF program local government 189
287+for funding to finance a qualifying improvement and enter into 190
288+an assessment a financing agreement with the local government. 191
289+Costs incurred by the REEF program local government for such 192
290+purpose may be collected as a non -ad valorem assessment. A non -193
291+ad valorem assessment shall be collected pursuant to s. 197.3632 194
292+and, notwithstanding s. 197.3632(8)(a), shall not be subject to 195
293+discount for early payment. However, the notic e and adoption 196
294+requirements of s. 197.3632(4) do not apply if this section is 197
295+used and complied with, and the intent resolution, publication 198
296+of notice, and mailed notices to the property appraiser, tax 199
297+collector, and Department of Revenue required by s. 200
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310-more efficient use of electricity, natural gas, propane, or 201
311-other forms of energy on the property, including, but not 202
312-limited to, air sealing; insta llation of insulation; 203
313-installation of energy -efficient heating, cooling, or 204
314-ventilation systems; building modifications to increase the use 205
315-of daylight; replacement of windows; installation of energy 206
316-controls or energy recovery systems; installation of el ectric 207
317-vehicle charging equipment; installation of efficient lighting 208
318-equipment; or any other improvements necessary to achieve a 209
319-sustainable building rating or compliance with a national model 210
320-green building code. 211
321- b. Renewable energy improvement, which is the installation 212
322-of any system in which the electrical, mechanical, or thermal 213
323-energy is produced from a method that uses one or more of the 214
324-following fuels or energy sources: hydrogen, solar energy, 215
325-geothermal energy, bioenergy, and wind energy. 216
326- c. Resiliency improvement, which includes, but is not 217
327-limited to: 218
328- (I) Improving the strength of the roof deck attachment; 219
329- (II) Creating a secondary water barrier to prevent water 220
330-intrusion; 221
331- (III) Installing wind -resistant shingles; 222
332- (IV) Installing gab le-end bracing; 223
333- (V) Reinforcing roof -to-wall connections; 224
334- (VI) Installing storm shutters; 225
310+197.3632(3)(a) may be provided on or before August 15 in 201
311+conjunction with any non -ad valorem assessment authorized by 202
312+this section, if the property appraiser, tax collector, and 203
313+local government agree. 204
314+ (6) A local government may enter into an agreement wit h a 205
315+program administrator to administer a REEF program on behalf of 206
316+the local government A qualifying improvement program may be 207
317+administered by a for -profit entity or a not -for-profit 208
318+organization on behalf of and at the discretion of the local 209
319+government. 210
320+ (7) A local government may incur debt for the purpose of 211
321+providing financing for qualifying such improvements, which debt 212
322+is payable from revenues received from the improved property , or 213
323+from any other available revenue source authorized under this 214
324+section or by other law. 215
325+ (8) A local government may enter into an assessment a 216
326+financing agreement to finance or refinance a qualifying 217
327+improvement only with the record owner of the affected property. 218
328+Any assessment financing agreement entered into pursuant to this 219
329+section or a summary memorandum of such agreement shall be 220
330+submitted for recording recorded in the public records of the 221
331+county within which the property is located by the sponsoring 222
332+unit of local government within 5 days after execution of the 223
333+agreement. The recorded agreement shall provide constructive 224
334+notice that the assessment to be levied on the property 225
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343343 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
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347- (VII) Installing opening protections; 226
348- (VIII) Creating or improving stormwater and flood 227
349-resiliency, including shoreline improvements; or 228
350- (IX) Making any oth er improvements necessary to achieve a 229
351-sustainable building rating or compliance with a national model 230
352-resiliency standard and any improvements to a structure to 231
353-achieve wind or flood insurance rate reductions, including 232
354-building elevation. 233
355- (j) "Residential property" means a residential real 234
356-property composed of four or fewer dwelling units which has been 235
357-or will be improved by a qualifying improvement. 236
358- (3) A local government may levy non -ad valorem assessments 237
359-to fund qualifying improvements. 238
360- (4) Subject to local government ordinance or resolution, a 239
361-residential or commercial property owner may apply to a 240
362-qualifying improvement program the local government for funding 241
363-to finance a qualifying improvement and enter into a financing 242
364-agreement with the l ocal government or program administrator . 243
365-Costs incurred by the local government for such purpose may be 244
366-collected as a non-ad valorem assessment. A non -ad valorem 245
367-assessment must shall be collected pursuant to s. 197.3632 and, 246
368-notwithstanding s. 197.3632( 8)(a), is shall not be subject to 247
369-discount for early payment. However, the notice and adoption 248
370-requirements of s. 197.3632(4) do not apply if this section is 249
371-used and complied with, and the intent resolution, publication 250
347+constitutes a lien of equal dignity to county taxes and 226
348+assessments from the date of recordation. A notice of lien for 227
349+the full amount of the financing may be recorded in the public 228
350+records of the county where the property is located. Such lien 229
351+shall not be enforceable in a manner that results in the 230
352+acceleration of the remaining nondelinquent unpaid ba lance under 231
353+the assessment financing agreement. 232
354+ (9) Before entering into an assessment a financing 233
355+agreement, the local government , or the program administrator 234
356+acting on its behalf, shall reasonably determine that all of the 235
357+following conditions are met : 236
358+ (a) All property taxes and any other assessments levied on 237
359+the same bill as property taxes are current paid and have not 238
360+been delinquent for more than 30 days for the preceding 3 years 239
361+or the property owner's period of ownership, whichever is less .; 240
362+ (b) that There are no involuntary liens greater than 241
363+$1,000, including, but not limited to, construction liens on the 242
364+property.; 243
365+ (c) that No notices of default or other evidence of 244
366+property-based debt delinquency have been recorded and not 245
367+released during the preceding 3 years or the property owner's 246
368+period of ownership, whichever is less .; 247
369+ (d) The local government or program administrator has 248
370+asked the property owner whether any other assessments under 249
371+this section have been recorded or have been funded and not yet 250
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376376
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380380 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
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384-of notice, and mailed notices to th e property appraiser, tax 251
385-collector, and Department of Revenue required by s. 252
386-197.3632(3)(a) may be provided on or before August 15 in 253
387-conjunction with any non -ad valorem assessment authorized by 254
388-this section, if the property appraiser, tax collector, and 255
389-local government agree. A non-ad valorem assessment on a 256
390-commercial property securing financing for a qualifying 257
391-improvement, notwithstanding ss. 192.091(2)(b) and 258
392-197.3632(8)(c), is subject to a maximum annual fee of 1 percent 259
393-of the annual non-ad valorem assessment collected or $5,000, 260
394-whichever is less. 261
395- (5) Pursuant to this section or as otherwise provided by 262
396-law or pursuant to a local government's home rule power, a local 263
397-government may enter into a partnership with one or more local 264
398-governments for the purpose of providing and financing 265
399-qualifying improvements. 266
400- (6) A qualifying improvement program may be administered 267
401-by a for-profit entity or a not -for-profit organization on 268
402-behalf of and at the discretion of the local government. 269
403- (7) A local government may incur debt for the purpose of 270
404-providing financing for qualifying such improvements, which debt 271
405-is payable from revenues received from the improved property , or 272
406-any other available revenue source authorized by law. 273
407- (8)(a) A local government may enter into a financing 274
408-agreement to finance or refinance a qualifying improvement only 275
384+recorded on the property. The failure of a property owner to 251
385+disclose information set forth in this paragraph does not 252
386+invalidate an assessment financing agreement or any obligation 253
387+thereunder, even if the total financed amount of the q ualifying 254
388+improvements exceeds the amount that would otherwise be 255
389+authorized under paragraph (12)(a). 256
390+ (e) and that The property owner is current on all mortgage 257
391+debt on the property. 258
392+ (f) The residential property is not subject to an existing 259
393+home equity conversion mortgage or reverse mortgage product. 260
394+This paragraph does not apply to nonresidential real property. 261
395+ (g) The property is not currently a residential property 262
396+gifted to a homeowner for free by a nonprofit entity as may be 263
397+disclosed by the pro perty owner. The failure of a property owner 264
398+to disclose information set forth in this paragraph does not 265
399+invalidate an assessment financing agreement or any obligation 266
400+thereunder. This paragraph does not apply to nonresidential real 267
401+property. 268
402+ (10) Before final funding may be provided, a qualifying 269
403+improvement must shall be affixed or planned to be affixed to a 270
404+nonresidential real property or residential real building or 271
405+facility that is part of the property and constitutes shall 272
406+constitute an improvement to that property the building or 273
407+facility or a fixture attached to the building or facility . An 274
408+assessment financing agreement may between a local government 275
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417417 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
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421-with the record owner of the affected property. For government 276
422-commercial property, the financing agreement must be executed by 277
423-the nongovernmental lessee with the writ ten consent of the 278
424-governmental lessor. Evidence of such consent must be provided 279
425-to the local government. The financing agreement with a 280
426-nongovernmental lessee must provide that the nongovernmental 281
427-lessee is the only party obligated to pay the assessment. 282
428- (b) Any financing agreement entered into pursuant to this 283
429-section or a summary memorandum of such agreement must shall be 284
430-submitted for recording recorded in the public records of the 285
431-county within which the property is located by the sponsoring 286
432-unit of local government within 10 5 days after execution of the 287
433-agreement. The recorded agreement provides shall provide 288
434-constructive notice that the non-ad valorem assessment to be 289
435-levied on the property constitutes a lien of equal dignity to 290
436-county taxes and assessments from the date of recordation. A 291
437-notice of lien for the full amount of the financing may be 292
438-recorded in the public records of the county where the property 293
439-is located. Such lien shall not be enforceable in a manner that 294
440-results in the acceleration of the remaining nondelinquent 295
441-unpaid balance under the assessment financing agreement. 296
442- (9)(a) Before entering into A financing agreement for a 297
443-residential property may not be approved unless , the local 298
444-government, or the program administrator acting on its behalf, 299
445-has shall reasonably determined determine that all of the 300
421+and a qualifying property owner may not cover qualifying wind-276
422+resistance improvements on nonresidential real property under 277
423+new construction or residential real property in buildings or 278
424+facilities under new construction or construction for which a 279
425+certificate of occupancy or similar evidence of substantial 280
426+completion of new construction or imp rovement has not been 281
427+issued. 282
428+ (12)(a) Without the consent of the holders or loan 283
429+servicers of any mortgage encumbering or otherwise secured by 284
430+the property, the total amount of any non -ad valorem assessment 285
431+for a property under this section may not excee d 20 percent of 286
432+the fair market just value of the real property as determined by 287
433+the county property appraiser . The combined mortgage -related 288
434+debt and total amount of any non -ad valorem assessments funded 289
435+under this section for residential real property ma y not exceed 290
436+100 percent of the fair market value of the residential real 291
437+property. However, the failure of a property owner to disclose 292
438+information set forth in paragraph (9)(d) does not invalidate an 293
439+assessment financing agreement or any obligation there under, 294
440+even if the total financed amount of the qualifying improvements 295
441+exceeds the amount that would otherwise be authorized under this 296
442+paragraph. For purposes of this paragraph, fair market value may 297
443+be determined using reputable third parties. 298
444+ (b) Notwithstanding paragraph (a), a non -ad valorem 299
445+assessment for a qualifying improvement defined in subparagraph 300
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454454 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
455455
456456
457457
458-following conditions have been met: 301
459- 1. All property taxes and any other assessments levied on 302
460-the same bill as property taxes are current paid and have not 303
461-been delinquent for the preceding 3 years or the property 304
462-owner's period of ownership, whichever is less .; that 305
463- 2. There are no involuntary liens, including, but not 306
464-limited to, construction liens on the property .; that 307
465- 3. No notices of default or other evidence of property -308
466-based debt delinquency have been recorded during the preceding 3 309
467-years or the property owner's period of ownership, whichever is 310
468-less.; and that 311
469- 4. The property owner is current on all mortgage debt on 312
470-the property and has had no more than one late payment exceeding 313
471-30 days during the 12 months immediately preceding the 314
472-application date. 315
473- 5. The property owner has acknowledged in writing the 316
474-disclosure statements required by paragraph (11)(b). 317
475- 6. The property is located within the geographic 318
476-boundaries of the applicable qualifying improvement program. 319
477- 7. The term of the financing agreement does not exceed: 320
478- a. For a single qualifying improvement, the estim ated 321
479-useful life of the qualifying improvement. 322
480- b. For multiple qualifying improvements, the lesser of: 323
481- (I) Thirty years; or 324
482- (II) The greater of either the weighted average estimated 325
458+(2)(f)1. (2)(b)1. or subparagraph (2)(f)2. which (2)(b)2. that 301
459+is supported by an energy audit is not subject to the limits in 302
460+this subsection if t he audit demonstrates that the annual energy 303
461+savings from the qualified improvement equals or exceeds the 304
462+annual repayment amount of the non -ad valorem assessment. 305
463+ (13) At least 30 days before entering into an assessment a 306
464+financing agreement, the proper ty owner shall provide to the 307
465+holders or loan servicers of any existing mortgages encumbering 308
466+or otherwise secured by the property a notice of the owner's 309
467+intent to enter into an assessment a financing agreement 310
468+together with the maximum principal amount t o be financed and 311
469+the maximum annual assessment necessary to repay that amount. A 312
470+verified copy or other proof of such notice shall be provided to 313
471+the local government. A provision in any agreement between a 314
472+mortgagee or other lienholder and a property own er, or otherwise 315
473+now or hereafter binding upon a property owner, which allows for 316
474+acceleration of payment of the mortgage, note, or lien or other 317
475+unilateral modification solely as a result of entering into an 318
476+assessment a financing agreement as provided fo r in this section 319
477+is not enforceable. This subsection does not limit the authority 320
478+of the holder or loan servicer to increase the required monthly 321
479+escrow by an amount necessary to annually pay the annual 322
480+qualifying improvement assessment. 323
481+ (14) At or before the time a seller purchaser executes a 324
482+contract for the sale and purchase of any property for which a 325
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491491 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
492492
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495-useful life of all qualifying improvements being financed or the 326
496-estimated useful life of the qualifying improvements to which 327
497-the greatest portion of funds is disbursed. 328
498- 329
499-The local government or program administrator, as applicable, 330
500-shall determine the useful life of a qualifying improvement 331
501-using established third -party standards, including certification 332
502-criteria from government agencies or nationally recognized 333
503-standards and testing organizations. 334
504- 8. The property owner has not been subject to a bankruptcy 335
505-proceeding within the last 5 years unless it was discharged o r 336
506-dismissed more than 2 years before the date on which the 337
507-property owner applied for funding as set forth in subsection 338
508-(4). 339
509- 9. The property is not subject to an existing home equity 340
510-conversion mortgage or reverse mortgage product. 341
511- 10. The property is not currently a residential property 342
512-gifted to a homeowner for free by a nonprofit entity as may be 343
513-disclosed by the property owner. The failure of a property owner 344
514-to disclose information set forth in this paragraph does not 345
515-invalidate a financing agreem ent or any obligation thereunder. 346
516- 11. The property owner has obtained estimates from at 347
517-least two unaffiliated, competitive entities, one of which is a 348
518-qualifying improvement contractor, for the qualifying 349
519-improvement to be financed. 350
495+non-ad valorem assessment has been levied under this section and 326
496+has an unpaid balance due, the seller must shall give the 327
497+prospective purchaser a writ ten disclosure statement in the 328
498+following form, which shall be set forth in the contract or in a 329
499+separate writing: 330
500+ 331
501+QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 332
502+RENEWABLE ENERGY, FLOOD MITIGATION, ADVANCED 333
503+TECHNOLOGIES FOR WASTEWATER REMOVAL, OR WIND 334
504+RESISTANCE.—The property being purchased is located 335
505+within the jurisdiction of a local government that has 336
506+placed an assessment on the property pursuant to s. 337
507+163.08, Florida Statutes. The assessment is for a 338
508+qualifying improvement to the property relating to 339
509+energy efficiency, renewable energy, flood mitigation, 340
510+advanced technologies for wastewater removal, or wind 341
511+resistance, and is not based on the value of property. 342
512+You are encouraged to contact the county property 343
513+appraiser's office to learn more about th is and other 344
514+assessments that may be provided by law. 345
515+ 346
516+ (16) Before final approval of an assessment financing 347
517+agreement for a qualifying improvement on a residential real 348
518+property, a program administrator shall reasonably determine 349
519+that the property owner has the ability to pay the estimated 350
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528528 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
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532- 12. The local government or program administrator, as 351
533-applicable, has asked if the property owner has obtained or 352
534-sought to obtain additional qualifying improvements on the same 353
535-property that have not yet been recorded. The failure of a 354
536-property owner to disclose informatio n set forth in this 355
537-subparagraph does not invalidate a financing agreement or any 356
538-obligation thereunder, even if the total financed amount of the 357
539-qualifying improvement exceeds the amount that would otherwise 358
540-be authorized under paragraph (15)(a). 359
541- 360
542-The existence of a prior qualifying improvement non -ad valorem 361
543-assessment or a prior financing agreement is not evidence that 362
544-the financing agreement under consideration is affordable or 363
545-meets other program requirements. 364
546- (b) A financing agreement for a commerci al property may 365
547-not be approved unless the local government, or the program 366
548-administrator acting on its behalf, has reasonably determined 367
549-that all of the following conditions have been met: 368
550- 1. All property taxes and any other assessments levied on 369
551-the same bill as property taxes are current. 370
552- 2. There are no involuntary liens greater than $10,000, 371
553-including, but not limited to, construction liens on the 372
554-property. 373
555- 3. No notices of default or other evidence of property -374
556-based debt delinquency have been recorded and not released 375
532+annual assessment. To do so, the program administrator shall, at 351
533+a minimum, use the underwriting requirements in subsection (9), 352
534+confirm that the property owner is not in bankruptcy, and 353
535+determine that the total estima ted annual payment amount for all 354
536+assessment financing agreements funded under this section on the 355
537+property does not exceed 10 percent of the property owner's 356
538+annual household income. Income may be confirmed using 357
539+information gathered from reputable third parties that provide 358
540+reasonably reliable evidence of the property owner's household 359
541+income. Income may not be confirmed solely by a property owner's 360
542+statement. The failure of a property owner to disclose 361
543+information set forth in paragraph (9)(d) does not i nvalidate an 362
544+assessment financing agreement or any obligation thereunder, 363
545+even if the total estimated annual payment amount exceeds the 364
546+amount that would otherwise be authorized under this subsection. 365
547+ (17) Before or contemporaneously with a property owne r 366
548+signing an assessment financing agreement on a residential real 367
549+property, the program administrator shall provide a financing 368
550+estimate and disclosure to the residential real property owner 369
551+which includes all of the following: 370
552+ (a) The total amount estim ated to be funded, including the 371
553+cost of the qualifying improvements, program fees, and 372
554+capitalized interest, if any. 373
555+ (b) The estimated annual assessment. 374
556+ (c) The term of the assessment. 375
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565565 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
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569-during the preceding 3 years or the property owner's period of 376
570-ownership, whichever is less. 377
571- 4. The property owner is current on all mortga ge debt on 378
572-the property. 379
573- (10) In addition to obtaining the information in paragraph 380
574-(9)(a), and before a local government or program administrator, 381
575-as applicable, approves a qualifying improvement on residential 382
576-property, the local government or program administrator, as 383
577-applicable, must use information contained in the property 384
578-owner's application, reasonably reliable third -party records, or 385
579-an automated verification system to reasonably determine whether 386
580-the property owner has the ability to pay the ann ual non-ad 387
581-valorem assessment for the qualifying improvement. The local 388
582-government or program administrator, as applicable, must review 389
583-the property owner's household income, housing expenses, assets, 390
584-and other debt obligations. If the local government or program 391
585-administrator, as applicable, uses an automated verification 392
586-system, it must be a system that can verify the property owner's 393
587-income, is not based on predictive or estimation methodologies, 394
588-and has been determined sufficient for such verification 395
589-purposes by a federal mortgage lending authority or regulator. 396
590-In reviewing the property owner's ability to pay, the local 397
591-government or program administrator, as applicable: 398
592- (a) When determining the household income, may include the 399
593-income of any propert y owner aged 18 years old or older whose 400
569+ (d) The interest charged and estimated annual percentage 376
570+rate. 377
571+ (e) A description of the qualifying improvement. 378
572+ (f) A disclosure that if the property owner sells or 379
573+refinances the property, the property owner, as a condition of 380
574+the sale or the refinance, may be required by a mortgage lender 381
575+to pay off the full amo unt owed under each assessment financing 382
576+agreement. 383
577+ (g) A disclosure that the assessment will be collected 384
578+along with the property owner's property taxes and will result 385
579+in a lien on the property from the date the assessment financing 386
580+agreement is recorded. 387
581+ (h) A disclosure that failure to pay the assessment may 388
582+result in penalties and fees, along with the issuance of a tax 389
583+certificate that could result in the property owner losing the 390
584+real property. 391
585+ (18) Before a notice to proceed is issued on reside ntial 392
586+real property, the program administrator shall conduct with the 393
587+residential real property owner or an authorized representative 394
588+an oral, recorded telephone call. The program administrator 395
589+shall ask the residential real property owner if he or she wou ld 396
590+like to communicate primarily in a language other than English. 397
591+A program administrator may not leave a voicemail on the 398
592+residential real property owner's or authorized representative's 399
593+telephone to satisfy this requirement. A program administrator, 400
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602602 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
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606-name is on the property title. If a person's income is 401
607-considered, that person's debt obligations must also be 402
608-considered. 403
609- (b) May not consider the equity in the property that will 404
610-secure the non-ad valorem assessment. 405
611- (c) Shall determine the property owner's debt obligations 406
612-using reasonably reliable third -party records, including, at a 407
613-minimum, one consumer credit report from an agency that meets 408
614-the requirements of 15 U.S.C. s. 1681a(p). Debt obligations to 409
615-be reviewed include: 410
616- 1. Secured and unsecured debt. 411
617- 2. Housing expenses. The local government or program 412
618-administrator, as applicable, shall make a reasonable estimate 413
619-of the basic housing expenses based on the number of persons in 414
620-the household. 415
621- 3. Stated alimony or child support obligations. 416
622- (d) Shall determine whether the property owner has 417
623-sufficient income to pay the annual non -ad valorem assessment 418
624-and that he or she has sufficient residual income to meet his or 419
625-her household living expenses. To participate in a qualifying 420
626-improvement program, a residential property owner must have a 421
627-total debt-to-income ratio no higher than 49 percent. 422
628- (11) Each local government or program administrator that 423
629-offers a qualifying improvement program for resident ial 424
630-properties must: 425
606+as part of such telephone call, shall confirm all of the 401
607+following with the residential real property owner: 402
608+ (a) That at least one residential real property owner has 403
609+access to a copy of the assessment financing agreement and 404
610+financing estimates and disclos ures. 405
611+ (b) The qualifying improvements being financed. 406
612+ (c) The total estimated annual costs that the residential 407
613+real property owner will have to pay under the assessment 408
614+financing agreement, including applicable fees. 409
615+ (d) The total estimated average monthly equivalent amount 410
616+of funds the residential real property owner would have to save 411
617+in order to pay the annual costs of the assessment, including 412
618+applicable fees. 413
619+ (e) The estimated date the residential real property 414
620+owner's first property tax payment that includes the assessment 415
621+will be due. 416
622+ (f) The term of the assessment financing agreement. 417
623+ (g) That payments for the assessment financing agreement 418
624+will cause the residential real property owner's annual property 419
625+tax bill to increase, and th at payments will be made through an 420
626+additional annual assessment on the property and either will be 421
627+paid directly to the county tax collector's office as part of 422
628+the total annual secured property tax bill or may be paid 423
629+through the residential real propert y owner's mortgage escrow 424
630+account. 425
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639639 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
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643- (a) Develop a written disclosure form, which may be 426
644-presented in electronic format, that must be provided to the 427
645-residential property owner before the property owner executes 428
646-the financing agreement and which contains the key terms o f the 429
647-agreement, including: 430
648- 1. A description of the qualifying improvement; 431
649- 2. The estimated total financed amount, including the cost 432
650-of the qualifying improvement, ancillary work, program fees, and 433
651-prepaid interest, if any; 434
652- 3. The annual non-ad valorem assessment process and 435
653-estimated annual payment schedule; 436
654- 4. The estimated amount of the annual non -ad valorem 437
655-assessment; 438
656- 5. The term of the total financed amount; 439
657- 6. The interest rate for the financed amount; 440
658- 7. The estimated annual percentage rate; 441
659- 8. The total estimated annual costs that the residential 442
660-property owner will have to pay under the assessment contract, 443
661-including program fees; 444
662- 9. The total estimated average monthly equivalent amount 445
663-of funds that the residential prop erty owner would have to save 446
664-in order to pay the annual costs of the non -ad valorem 447
665-assessment, including program fees; and 448
666- 10. The estimated due date of the residential property 449
667-owner's first property tax payment that includes the non -ad 450
643+ (h) That the residential real property owner has disclosed 426
644+whether the property has received, or the owner is seeking, 427
645+additional assessments funded under this section and that the 428
646+owner has disclosed all other assessments funded under this 429
647+section which are or are about to be placed on the property. 430
648+ (i) That the property will be subject to a lien during the 431
649+term of the assessment financing agreement and that the 432
650+obligations under the agreement may be required to be paid in 433
651+full before the residential real property owner sells or 434
652+refinances the property. 435
653+ (j) That any potential utility or insurance savings are 436
654+not guaranteed and will not reduce the assessment or total 437
655+assessment amount. 438
656+ (k) That the program a dministrator does not provide tax 439
657+advice, and the residential real property owner should seek 440
658+professional tax advice if he or she has questions regarding tax 441
659+credits, tax deductibility, or other tax impacts of the 442
660+qualifying improvement or the assessment financing agreement. 443
661+ (19) A residential real property owner may cancel an 444
662+assessment financing agreement within 3 business days after 445
663+signing the assessment financing agreement without any financial 446
664+penalty from the program administrator for doing so. 447
665+ (20) The term of an assessment financing agreement on 448
666+residential real property may not exceed the lesser of: 449
667+ (a) Thirty years; or 450
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676676 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
677677
678678
679679
680-valorem assessment. 451
681- (b) Include the following statements in the written 452
682-disclosure form, using the same order as listed in this 453
683-paragraph, each of which must be individually acknowledged in 454
684-writing by the residential property owner: 455
685- 1. "I UNDERSTAND THAT IF I SELL O R REFINANCE THE PROPERTY, 456
686-I MAY BE REQUIRED TO PAY OFF THE OUTSTANDING FINANCED AMOUNT AS 457
687-A CONDITION OF THE SALE OR THE REFINANCE OF THE PROPERTY." 458
688- 459
689-The statement in this subparagraph must be made in at least 24 -460
690-point boldfaced type. 461
691- 2. "I understand th at the annual non-ad valorem assessment 462
692-will be paid when property taxes are paid and will result in a 463
693-lien being placed on my property." 464
694- 3. "I understand that the annual non -ad valorem assessment 465
695-will be added to my property tax bill, and if I pay my pr operty 466
696-taxes through my mortgage payment using an escrow account, I 467
697-must notify my mortgage lender." 468
698- 4. "I understand that if I fail to pay the annual non -ad 469
699-valorem assessment, I may incur penalties and fees, and the 470
700-local government could issue a tax c ertificate which might 471
701-result in the loss of my property." 472
702- 5. "I understand that any potential utility or insurance 473
703-savings are not guaranteed and will not reduce the annual non -ad 474
704-valorem assessment or total assessment amount." 475
680+ (b) The greater of either the weighted average estimated 451
681+useful life of all qualifying improvements being financed or the 452
682+estimated useful life of the qualifying improvements to which 453
683+the greatest portion of funds is disbursed. 454
684+ (21) An assessment financing agreement authorized under 455
685+this section on residential real property may not include any of 456
686+the following financing te rms: 457
687+ (a) A negative amortization schedule. Capitalized interest 458
688+included in the original balance of the assessment financing 459
689+agreement does not constitute negative amortization. 460
690+ (b) A balloon payment. 461
691+ (c) Prepayment fees, other than nominal administr ative 462
692+costs. 463
693+ (22) For residential real property, a program 464
694+administrator: 465
695+ (a) May not enroll a contractor who contracts with 466
696+residential real property owners to install qualifying 467
697+improvements unless: 468
698+ 1. The program administrator makes a reasonable e ffort to 469
699+review that the contractor maintains in good standing an 470
700+appropriate license from the state, if applicable, as well as 471
701+any other permit, license, or registration required for engaging 472
702+in business in the jurisdiction in which he or she operates and 473
703+that the contractor maintains all state -required bond and 474
704+insurance coverage; and 475
705705
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707707
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713713 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
714714
715715
716716
717- 6. "I understand that I have 5 days to cancel the 476
718-financing agreement. The 5 -day right expires at midnight of the 477
719-fifth business day after I sign the agreement." 478
720- 7. "I understand that the local government, program 479
721-administrator, or qualifying improvement contractor do not 480
722-provide tax advice and that I should seek professional tax 481
723-advice if I have questions regarding tax credits, tax 482
724-deductibility, or other tax impacts of the qualifying 483
725-improvement or the assessment contract." 484
726- 8. "I understand that I cannot be assessed a penal ty if I 485
727-prepay the outstanding financed amount." 486
728- (c) Provide a printed or electronic cancellation form to 487
729-the residential property owner no later than the date on which 488
730-the property owner signs the financing agreement which allows 489
731-the property owner to c ancel the contract within the 5 -day 490
732-period specified in subparagraph (b)6. 491
733- (d) Before a notice to proceed is issued, conduct, with at 492
734-least one residential property owner or an individual legally 493
735-authorized to act on behalf of the property owner, who is not 494
736-affiliated or associated with the local government, program 495
737-administrator, or qualifying improvement contractor, an oral, 496
738-recorded telephone call during which time the local government 497
739-or program administrator, as applicable, must use plain 498
740-language. The local government or program administrator, as 499
741-applicable, must ask the residential property owner or 500
717+ 2. The program administrator obtains the contractor's 476
718+written agreement that the contractor will act in accordance 477
719+with all applicable laws, including applicable advertisi ng and 478
720+marketing laws and regulations. 479
721+ (b) Shall maintain a process to enroll new contractors 480
722+which includes reasonable review of the following for each 481
723+contractor: 482
724+ 1. Relevant work or project history. 483
725+ 2. Financial and reputational background checks. 484
726+ 3. A criminal background check. 485
727+ 4. Status on the Better Business Bureau online platform or 486
728+another online platform that tracks contractor reviews. 487
729+ (c) A program administrator may pay or reimburse 488
730+contractors for any expense allowable under applicabl e state law 489
731+and not otherwise prohibited under this section, including, but 490
732+not limited to, marketing, training, and promotions. 491
733+ (23)(a) Before disbursing funds to a contractor for a 492
734+qualifying improvement on residential real property, a program 493
735+administrator must first confirm that the applicable work or 494
736+service has been completed through any of the following: 495
737+ 1. A written certification from the property owner; 496
738+ 2. A recorded telephone call with the property owner; 497
739+ 3. A review of geotagged and time -stamped photographs; 498
740+ 4. A review of a final permit; or 499
741+ 5. A site inspection through third -party means. 500
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750750 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
751751
752752
753753
754-authorized representative if he or she would like to communicate 501
755-primarily in a language other than English and, if so, must 502
756-conduct the telephone call in the owner's or representative's 503
757-preferred language. A local government or program administrator, 504
758-as applicable, may not leave a voicemail for the residential 505
759-property owner or authorized representative to satisfy this 506
760-requirement. A local government or program administrator, as 507
761-applicable, as part of this telephone call, must confirm with 508
762-the residential property owner or authorized representative: 509
763- 1. That at least one residential property owner has access 510
764-to a copy of the assessment contract and finan cing estimates and 511
765-disclosures. 512
766- 2. The qualifying improvement that is being financed. 513
767- 3. The total estimated annual costs that the residential 514
768-property owner will have to pay under the assessment contract, 515
769-including program fees. 516
770- 4. The total estimat ed average monthly equivalent amount 517
771-of funds the residential property owner would have to save in 518
772-order to pay the annual costs of the non -ad valorem assessment, 519
773-including program fees. 520
774- 5. The estimated due date of the residential property 521
775-owner's first property tax payment that includes the non -ad 522
776-valorem assessment. 523
777- 6. The term of the assessment contract. 524
778- 7. That payments for the assessment contract will cause 525
754+ (b) A program administrator may not disclose to a 501
755+contractor or to a third party engaged in soliciting an 502
756+assessment financing agreement the maximum financing amount for 503
757+which a residential real property owner is eligible. 504
758+ (24) A program administrator shall comply with the 505
759+following marketing and communications guidelines when 506
760+communicating with residential real property owners: 507
761+ (a) A program administrator may not represent: 508
762+ 1. That the REEF program or assessment financing is a 509
763+government assistance program; 510
764+ 2. That qualifying improvements are free or that 511
765+assessment financing is a free program; or 512
766+ 3. That the financing of a qualifying improvement using 513
767+the REEF program does not require the property owner to repay 514
768+the financial obligation. 515
769+ (b) A program administrator may not make any 516
770+representation as to the tax deductibility of an assessment 517
771+authorized under this section. A program a dministrator may 518
772+encourage a property owner to seek the advice of a tax 519
773+professional regarding tax matters related to assessments. 520
774+ (25) A contractor may not present a higher price for a 521
775+qualifying improvement on residential real property financed by 522
776+an assessment financing agreement than the contractor would 523
777+otherwise reasonably present if the qualifying improvement was 524
778+not being financed through an assessment financing agreement. 525
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787787 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
788788
789789
790790
791-the residential property owner's annual tax bill to increase and 526
792-that payments will be ma de through an additional annual non -ad 527
793-valorem assessment on the property and will be paid either 528
794-directly to the county tax collector's office as part of the 529
795-total annual secured property tax bill or may be paid through 530
796-the residential property owner's mo rtgage escrow account. 531
797- 8. That the qualifying residential property owner has 532
798-disclosed whether the property has received or is seeking 533
799-additional non-ad valorem assessments and has disclosed all 534
800-other assessments or special taxes that are or will be plac ed on 535
801-the property. 536
802- 9. That the property will be subject to a lien during the 537
803-term of the assessment contract and that the obligations under 538
804-the contract may be required to be paid in full before the 539
805-residential property owner sells or refinances the pro perty. 540
806- 10. That any potential utility or insurance savings are 541
807-not guaranteed and will not reduce the annual non -ad valorem 542
808-assessment or total assessment amount. 543
809- 11. That the local government, program administrator, or 544
810-qualifying improvement contractor does not provide tax advice 545
811-and that the residential property owner should seek professional 546
812-tax advice regarding questions about tax credits, tax 547
813-deductibility, or other tax impacts of the qualifying 548
814-improvement or the assessment contract. 549
815- (12)(a) A residential property owner may cancel a 550
791+ (26) A program administrator shall use appropriate 526
792+methodologies or techn ologies to identify and verify the 527
793+identity of the residential real property owner who executes an 528
794+assessment financing agreement. 529
795+ (27) A program administrator may not provide a contractor 530
796+with any payment, fee, or kickback in exchange for referring 531
797+assessment financing business relating to a specific assessment 532
798+financing agreement on residential real property. 533
799+ (28) A program administrator shall develop and implement 534
800+policies and procedures for responding to, tracking, and helping 535
801+to resolve questions a nd property owner complaints as soon as 536
802+reasonably practicable. 537
803+ (29) A program administrator shall maintain a process for 538
804+monitoring enrolled contractors that contract with residential 539
805+real property owners to install qualifying improvements with 540
806+regard to performance and compliance with program policies and 541
807+shall implement policies for suspending and terminating enrolled 542
808+contractors based on violations of program policies or 543
809+unscrupulous behavior. A program administrator shall maintain a 544
810+policy for determining the conditions on which a contractor may 545
811+be reinstated to the program. 546
812+ (30) A program administrator shall provide, at a 547
813+reasonable time following the end of the prior calendar year, an 548
814+annual report to the dependent special district as defined in s . 549
815+189.012 or a separate legal entity created pursuant to s. 550
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824824 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
825825
826826
827827
828-financing agreement within 5 business days after signing the 551
829-financing agreement without any financial penalty from the 552
830-program administrator for doing so. 553
831- (b) A contract to sell or install a qualifying improvement 554
832-that is related to an application for financing in a qualifying 555
833-improvement program for a residential property is unenforceable, 556
834-and a qualifying improvement contractor may not begin work under 557
835-such a contract, if the property owner applied for , accepted, 558
836-and canceled a qualifying improvement financing agreement within 559
837-the 5-day right-to-cancel period set forth in paragraph (a). 560
838- (c) If a qualifying improvement contractor has initiated 561
839-work on a residential property under a contract deemed 562
840-unenforceable under this subsection, the qualifying improvement 563
841-contractor: 564
842- 1. May not receive compensation for that work under the 565
843-financing agreement. 566
844- 2. Must restore the property to its original condition at 567
845-no cost to the property owner. 568
846- 3. Must immediately return any money, property, and other 569
847-consideration given by the property owner. If the property owner 570
848-provided any property and the qualifying improvement contractor 571
849-does not or cannot return it, the qualifying improvement 572
850-contractor shall immedia tely return the fair market value of the 573
851-property or its value as designated in the contract, whichever 574
852-is greater. 575
828+163.01(7) which it has contracted with to administer a REEF 551
829+program and shall include information and data related to the 552
830+following: 553
831+ (a) The total number of property owner complaints received 554
832+which are associated with project funding in the report year. 555
833+ (b) Of the total number of property owner complaints 556
834+received which are associated with project funding in the report 557
835+year: 558
836+ 1. The number and percentage of complaints that relate to 559
837+the assessment financing. 560
838+ 2. The number and percentage of complaints that relate to 561
839+a contractor or the workmanship of a contractor and are not 562
840+related to assessment financing. 563
841+ 3. The number and percentage of complaints that relate to 564
842+both a contractor and the a ssessment financing. 565
843+ 4. The number and percentage of complaints received 566
844+pursuant to subparagraphs 1., 2., and 3. which were resolved and 567
845+the number and percentage of complaints received pursuant to 568
846+subparagraphs 1., 2., and 3. which were not resolved. 569
847+ (c) The percentage of property owner complaints received 570
848+pursuant to subparagraphs (b)1., 2., and 3. expressed as a total 571
849+of all projects funded in the report year. 572
850+ (31)(a) Subsections (16) through (30) do not apply to 573
851+residential real property if the program administrator 574
852+reasonably determines that: 575
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861861 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
862862
863863
864864
865- (d) If the qualifying improvement contractor has delivered 576
866-chattel or fixtures to the residential property pursuant to a 577
867-contract deemed unenforceable under this subsection, the 578
868-qualifying improvement contractor shall have 90 days from the 579
869-date on which the contract was executed to retrieve the chattel 580
870-or fixtures, provided that: 581
871- 1. The qualifying improvement contractor has fulfilled the 582
872-requirements of subparagraphs (c)2. and 3. 583
873- 2. The chattel and fixtures can be removed at the 584
874-qualifying improvement contractor's expense without damaging the 585
875-property owner's property and practically returned. 586
876- (e) If a qualifying improvement contractor fails to comply 587
877-with this subsection, the residential property owner may retain 588
878-any chattel or fixtures provided pursuant to a contract deemed 589
879-unenforceable under this subsection. 590
880- (f) A contract which is otherwise unenforceable under this 591
881-subsection remains enforceable if the residential property owner 592
882-waives his or her right to cancel the contract, allows the 593
883-qualifying improvement contractor to proceed with the 594
884-installation of the qualifying improvement, and cancels the 595
885-financing agreement. 596
886- (13)(10) To constitute an improvement to a building or 597
887-facility, a qualifying improvement must shall be affixed to a 598
888-building or facility that is part of the property and shall 599
889-constitute an improvement to the building or facility or a 600
890-
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898-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
899-
900-
901-
902-fixture attached to the buildi ng or facility. 601
903- (a) A financing An agreement between a local government 602
904-and a residential qualifying property owner may not cover wind -603
905-resistance improvements in buildings or facilities under new 604
906-construction or construction for which a certificate of 605
907-occupancy or similar evidence of substantial completion of new 606
908-construction or improvement has not been issued. 607
909- (b) A financing agreement may be executed for qualifying 608
910-improvements in the construction of a commercial property before 609
911-a certificate of occup ancy or similar evidence of substantial 610
912-completion of new construction or improvement is issued. 611
913-Progress payments, or payments made before completion, are 612
914-allowed for commercial properties, provided that the property 613
915-owner subsequently provides, upon requ est for a final progress 614
916-payment disbursement, written verification to the local 615
917-government confirming that the qualifying improvements are 616
918-completed and operating as intended. A financing agreement with 617
919-a commercial property owner may cover wind -resistance 618
920-improvements in buildings or facilities under new construction 619
921-or construction for which a certificate of occupancy or similar 620
922-evidence of substantial completion of new construction or 621
923-improvement has not been issued. 622
924- (14)(11) Any work requiring a lice nse under any applicable 623
925-law to make a qualifying improvement shall be performed by a 624
926-contractor properly certified or registered pursuant to part I 625
927-
928-CS/CS/HB 669 2023
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930-
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935-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
936-
937-
938-
939-or part II of chapter 489, as applicable. 626
940- (15)(a)(12)(a) Without the consent of the holders or loan 627
941-servicers of any mortgage encumbering or otherwise secured by 628
942-residential the property:, 629
943- 1. The total amount of any non -ad valorem assessment for a 630
944-residential property under this section may not exceed 20 631
945-percent of the fair market just value of the real property as 632
946-determined by the county property appraiser . 633
947- 2. The combined mortgage -related debt and total amount of 634
948-any non-ad valorem assessments funded under this section for 635
949-residential property may not exceed 97 percent of the fair 636
950-market value of the residential property. 637
951- 638
952-The failure of a property owner to disclose information set 639
953-forth in subparagraph (9)(a)12. does not invalidate a financing 640
954-agreement or any obligation thereunder, even if the total 641
955-financed amount of the qualifying improvements exc eeds the 642
956-amount that would otherwise be authorized under this paragraph. 643
957-For purposes of this paragraph, fair market value shall be 644
958-established by a written appraisal report prepared by a 645
959-certified residential appraiser under chapter 475. 646
960- (b) Before entering into a financing agreement with the 647
961-owner of a commercial property, the local government or program 648
962-administrator, as applicable, must be in receipt of the written 649
963-consent of the current holders or loan servicers of any mortgage 650
964-
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972-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
973-
974-
975-
976-that encumbers or is o therwise secured by the property or that 651
977-will otherwise be secured by the property at the time the 652
978-financing agreement is executed by the local government or 653
979-program administrator. Notwithstanding paragraph (a), a non -ad 654
980-valorem assessment for a qualifying improvement defined in 655
981-subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported 656
982-by an energy audit is not subject to the limits in this 657
983-subsection if the audit demonstrates that the annual energy 658
984-savings from the qualified improvement equals or ex ceeds the 659
985-annual repayment amount of the non -ad valorem assessment. 660
986- (16)(13) At least 30 days before entering into a financing 661
987-agreement, the property owner must shall provide to the holders 662
988-or loan servicers of any existing mortgages encumbering or 663
989-otherwise secured by the property a written notice of the 664
990-owner's intent to enter into a financing agreement together with 665
991-the maximum principal amount to be financed and th e maximum 666
992-annual assessment necessary to repay that amount. A verified 667
993-copy or other proof of such notice must shall be provided to the 668
994-local government or program administrator, as applicable . A 669
995-provision in any agreement between a mortgagee or other 670
996-lienholder and a property owner, or otherwise now or hereafter 671
997-binding upon a property owner, which allows for acceleration of 672
998-payment of the mortgage, note, or lien or other unilateral 673
999-modification solely as a result of entering into a financing 674
1000-agreement as provided for in this section is not enforceable. 675
1001-
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1009-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
1010-
1011-
1012-
1013-This subsection does not limit the authority of the holder or 676
1014-loan servicer to increase the required monthly escrow by an 677
1015-amount necessary to annually pay the annual qualifying 678
1016-improvement assessment. 679
1017- (17)(14) At or before the time a seller purchaser executes 680
1018-a contract for the sale and purchase of any property for which a 681
1019-non-ad valorem assessment has been levied under this section and 682
1020-has an unpaid balance due, the seller must shall give the 683
1021-prospective purchaser a written disclosure statement in either 684
1022-of the following forms form, which must shall be set forth in 685
1023-the contract or in a separate writing . 686
1024- (a) For residential property : 687
1025- 688
1026-QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 689
1027-RENEWABLE ENERGY, ADVANCED TECHNOLOGIES FOR WASTEWATER 690
1028-REMOVAL, OR WIND RESISTANCE.—The property being 691
1029-purchased is located within the jurisdiction of a 692
1030-local government that has placed an assessment on the 693
1031-property pursuant to s. 163.08, Florida Statutes. The 694
1032-assessment is for a qualifying improvement to the 695
1033-property relating to energy efficiency, renewable 696
1034-energy, advanced technologies for wastewater removal, 697
1035-or wind resistance, and is not based on the value of 698
1036-property. You are encouraged to contact the county 699
1037-property appraiser's office to learn more about this 700
1038-
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1046-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
1047-
1048-
1049-
1050-and other assessments that may be provided by law. 701
1051-(b) For commercial property: 702
1052- 703
1053-QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 704
1054-RENEWABLE ENERGY, OR RESILIENCY. —The property being 705
1055-purchased is located within the jurisdiction of a 706
1056-local government that has placed an assessment on the 707
1057-property pursuant to s. 163.08, Florida Statutes. The 708
1058-assessment is for a qualifying improvement to the 709
1059-property relating to energy efficiency, renewable 710
1060-energy, or resiliency, and is not based on the value 711
1061-of property. You are encouraged to contact the county 712
1062-property appraiser's office to learn more about this 713
1063-and other assessments that may be provided by law. 714
1064- 715
1065- (18) A financing agreement authorized under this section 716
1066-on residential property may not include any of the following 717
1067-financing terms: 718
1068- (a) A negative amortization schedule. Capitalized interest 719
1069-included in the original balance of the assessment financing 720
1070-agreement does not constitute negative amortization. 721
1071- (b) A balloon payment. 722
1072- (c) Prepayment fees, other than nominal administrative 723
1073-costs. 724
1074- (19) For residential property, a local government or 725
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1083-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
1084-
1085-
1086-
1087-program administrator, as applicable: 726
1088- (a) May not enroll a qualifying improvement contractor who 727
1089-contracts with residential property owners to install qualifying 728
1090-improvements unless: 729
1091- 1. The local government or program administrator, as 730
1092-applicable, determines that the qualifying improvement 731
1093-contractor maintains in good standing an appropriate license 732
1094-from the state, if applicable, as well as any other permits, 733
1095-licenses, or registrations required for engaging in its business 734
1096-in the jurisdiction in which it operates and maintains all 735
1097-state-required bond and insurance coverage. 736
1098- 2. The local government or program administrator, as 737
1099-applicable, obtains the qualifying improvement contractor's 738
1100-written agreement that the qualifying improvement contractor 739
1101-will comply with all applicable laws, including applicable 740
1102-advertising and marketing laws and regulations and the 741
1103-requirements of this section. 742
1104- (b) Must maintain a process to enroll new qualifying 743
1105-improvement contractors that includes reasonable review of the 744
1106-following for each contractor: 745
1107- 1. Relevant work or project history. 746
1108- 2. Financial and reputational background checks, including 747
1109-a criminal background check. 748
1110- 3. The contractor's status on the Better Business Bureau 749
1111-online platform or other online platf orms that track contractor 750
1112-
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1122-
1123-
1124-reviews. 751
1125- (c) Must establish and maintain a process for monitoring 752
1126-qualifying improvement contractors with regard to performance 753
1127-and compliance with program policies and must implement policies 754
1128-for suspending, reinstating, and terminating qualifying 755
1129-improvement contractors based on violations of program policies 756
1130-or unscrupulous behavior. 757
1131- 758
1132-A program administrator, either directly or through an 759
1133-affiliate, may not be enrolled as a qualifying improvement 760
1134-contractor. 761
1135- (20)(a) Before disbursing funds to a qualifying 762
1136-improvement contractor for a qualifying improvement on 763
1137-residential property, the local government or program 764
1138-administrator, as applicable, must confirm that the applicable 765
1139-work or service has been completed and that the fi nal permit for 766
1140-the qualifying improvement has been closed with all permit 767
1141-requirements satisfied. 768
1142- (b) A local government or program administrator, as 769
1143-applicable, may not disclose the maximum financing amount for 770
1144-which a residential property owner is elig ible to a qualifying 771
1145-improvement contractor or to a third party engaged in soliciting 772
1146-assessment contracts financed pursuant to this section. 773
1147- (21) When communicating with residential property owners, 774
1148-a local government, program administrator, or qualifyi ng 775
1149-
1150-CS/CS/HB 669 2023
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1152-
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1154-CODING: Words stricken are deletions; words underlined are additions.
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1157-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
1158-
1159-
1160-
1161-improvement contractor, or a third party engaged in marketing on 776
1162-behalf of these entities, must comply with the following 777
1163-marketing and communications guidelines and may not: 778
1164- (a) Suggest or imply: 779
1165- 1. That a non-ad valorem assessment authorized under this 780
1166-section is a government assistance program; 781
1167- 2. That qualifying improvements are free or provided at no 782
1168-cost or that the financing related to a non -ad valorem 783
1169-assessment authorized under this section is free or provided at 784
1170-no cost; or 785
1171- 3. That the financing of a qualifying improvement using a 786
1172-qualifying improvement program authorized under this section 787
1173-does not require the property owner to repay the financial 788
1174-obligation. 789
1175- (b) Make any representation as to the tax deductibility of 790
1176-a non-ad valorem assessment on residential property. A local 791
1177-government, program administrator, or qualifying improvement 792
1178-contractor, or a third party engaged in marketing on behalf of 793
1179-these entities, may encourage a property owner to seek the 794
1180-advice of a tax professional regarding tax matters related to 795
1181-assessments. 796
1182- (22)(a) A qualifying improvement contractor or third party 797
1183-engaged in marketing a qualifying improvement program may not 798
1184-advertise the availability of financing agreements or solicit 799
1185-property owners on behalf of the local government or program 800
1186-
1187-CS/CS/HB 669 2023
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1189-
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1191-CODING: Words stricken are deletions; words underlined are additions.
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1194-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
1195-
1196-
1197-
1198-administrator, as applicable, unless: 801
1199- 1. The qualifying improvement contractor or third party 802
1200-maintains the appropriate registration or certification from the 803
1201-Construction Industry Licensing Board or any other permit, 804
1202-license, or registration required to conduct business in the 805
1203-jurisdiction where it operates and provides proof of having the 806
1204-required bond and insurance coverage amounts. 807
1205- 2. The local government or program administrator, as 808
1206-applicable, obtains the qualifying improvement contractor's or 809
1207-third party's written agreement that the qualifying improvement 810
1208-contractor or third party will comply with applicable laws and 811
1209-rules and qualifying improvement program policies and 812
1210-procedures, including those on adver tising and marketing. 813
1211- (b) A local government or program administrator, as 814
1212-applicable, may not provide any payment, fee, or kickback to a 815
1213-qualifying improvement contractor for referring financing 816
1214-business relating to any financing agreement on residential 817
1215-property. However, a program administrator may provide 818
1216-information or services to a qualifying improvement contractor 819
1217-to facilitate the installation of a qualifying improvement for a 820
1218-property owner. 821
1219- (c) A local government or program administrator, as 822
1220-applicable, may not reimburse a qualifying improvement 823
1221-contractor or third party for its expenses in advertising and 824
1222-marketing campaigns and materials. A local government or program 825
1223-
1224-CS/CS/HB 669 2023
1225-
1226-
1227-
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1231-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
1232-
1233-
1234-
1235-administrator, as applicable, and a qualifying improvement 826
1236-contractor may share expenses in connection with joint 827
1237-advertising and marketing campaigns and materials if the 828
1238-expenses are shared on a commercially reasonable basis. 829
1239- (d) A local government or program administrator, as 830
1240-applicable, may not provide to a qualifying improve ment 831
1241-contractor any information that discloses the amount of funds 832
1242-for which a property owner is eligible for qualifying 833
1243-improvements or the amount of equity in a property. 834
1244- (e) For residential properties, a qualifying improvement 835
1245-contractor may not provi de a different price for a qualifying 836
1246-improvement financed under this section than the qualifying 837
1247-improvement contractor would otherwise reasonably provide if the 838
1248-qualifying improvement was not being financed through a 839
1249-financing agreement under this sectio n. 840
1250- (f) A program administrator may not provide any direct 841
1251-cash payment or other thing of material value to a property 842
1252-owner explicitly conditioned upon the property owner entering 843
1253-into a financing agreement. However, a program administrator may 844
1254-offer programs or promotions that provide reduced fees or 845
1255-interest rates if the reduced fees or interest rates are 846
1256-reflected in the financing agreements and are not provided to 847
1257-the property owners as cash consideration. 848
1258- (23) Each local government and program admi nistrator must 849
1259-develop and implement policies and procedures for responding to, 850
1260-
1261-CS/CS/HB 669 2023
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1268-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
1269-
1270-
1271-
1272-tracking, and resolving questions and complaints about its 851
1273-qualifying improvement program. 852
1274- (24) Each local government that has authorized a 853
1275-qualifying improvement program sha ll post on its website an 854
1276-annual report for the period ending December 31 each year 855
1277-containing the following information: 856
1278- (a) The number of qualifying improvements funded. 857
1279- (b) The aggregate, average, and median dollar amounts of 858
1280-annual non-ad valorem assessments and the total number of non -ad 859
1281-valorem assessments that funded qualifying improvements. 860
1282- (c) The percentage, number, and dollar value of non -ad 861
1283-valorem assessments that funded qualifying improvements, 862
1284-aggregated by the category types consisting of energy 863
1285-efficiency, renewable energy, wind resistance, residential 864
1286-property wastewater, commercial property resiliency, and other 865
1287-commercial property qualifying improvements. 866
1288- (d) The number of defaulted non -ad valorem assessments, 867
1289-including the total number and defaulted amount, the number and 868
1290-dates of missed payments, the total number of parcels defaulted 869
1291-and the years in default, and the percentage of defaults by 870
1292-total assessments. 871
1293- (e) A summary of all reported complaints received by the 872
1294-local government and its program administrators related to 873
1295-authorized qualifying improvements programs, including the 874
1296-resolution of each complaint. 875
1297-
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1305-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
1306-
1307-
1308-
1309- (f) Estimated number of jobs created. 876
1310- (g) The number and percentage of homeowners 60 years of 877
1311-age or older participating in a qualifying improvement program. 878
1312- 879
1313-This report shall be posted no later than April 1 of the year 880
1314-following the calendar year covered by the report. 881
1315- (25)(15) A provision in any agreement between a local 882
1316-government and a public or private power or energy provider or 883
1317-other utility provider is not enforceable to limit or prohibit 884
1318-any local government from exercising its authority under this 885
1319-section. 886
1320- (26)(16) This section is additional and supplemental to 887
1321-county and municipal home rule authority a nd not in derogation 888
1322-of such authority or a limitation upon such authority. 889
1323- (27) This section is prospective only and does not affect 890
1324-or amend any existing non -ad valorem assessment or any existing 891
1325-interlocal agreement between local governments. 892
1326- Section 2. This act shall take effect July 1, 2023. 893
865+ 1. The residential real property is owned by a business 576
866+entity that owns more than four residential real properties; and 577
867+ 2. The business entity's managing member, partner, or 578
868+beneficial owner does not r eside in the residential real 579
869+property. 580
870+ (b) Subsections (16) through (30) apply to a program 581
871+administrator only when administering a REEF program for 582
872+qualifying improvements on residential real property. 583
873+Subsections (16) through (30) do not apply with re spect to a 584
874+local government, to residential property owned by a local 585
875+government, or to nonresidential real property. 586
876+ Section 2. This act shall take effect July 1, 2023. 587