Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 228
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

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