Florida Senate - 2022                                     SB 228
       By Senator Rodriguez
       39-00332A-22                                           2022228__
    1                        A bill to be entitled                      
    2         An act relating to Resiliency Energy Environment
    3         Florida programs; amending s. 163.08, F.S.; defining
    4         terms; providing that a property owner may apply to a
    5         Resiliency Energy Environment Florida (REEF) program
    6         for funding to finance a qualifying improvement and
    7         may enter into an assessment financing agreement with
    8         a local government; providing that REEF program costs
    9         may be collected as non-ad valorem assessments;
   10         authorizing local governments to enter into agreements
   11         with program administrators to administer REEF
   12         programs; revising and specifying public recording
   13         requirements for assessment financing agreements and
   14         notices of lien; revising requirements that apply to
   15         local governments or program administrators in
   16         determining eligibility for assessment financing;
   17         revising requirements for qualifying improvements;
   18         revising and specifying limitations on non-ad valorem
   19         assessments; providing construction; specifying
   20         underwriting, financing estimate, disclosure, and
   21         confirmation requirements for program administrators
   22         relating to residential real property; authorizing a
   23         residential real property owner, under certain
   24         circumstances and within a certain timeframe, to
   25         cancel an assessment financing agreement without
   26         financial penalty; specifying limitations on
   27         assessment financing agreement terms for residential
   28         real property; prohibiting certain financing terms for
   29         residential real property; specifying requirements
   30         for, and certain prohibited acts by, program
   31         administrators relating to assessment financing
   32         agreements and contractors for qualifying improvements
   33         to residential real property; specifying additional
   34         annual reporting requirements for program
   35         administrators; specifying requirements for, and
   36         limitations on, assessment financing agreements
   37         relating to government-leased property; providing
   38         construction and applicability; conforming provisions
   39         to changes made by the act; providing an effective
   40         date.
   42  Be It Enacted by the Legislature of the State of Florida:
   44         Section 1. Present subsection (16) of section 163.08,
   45  Florida Statutes, is redesignated as subsection (33), a new
   46  subsection (16) and subsections (17) through (32) are added to
   47  that section, and subsections (1), (2), (4), (6) through (10),
   48  (12), (13), and (14) of that section are amended, to read:
   49         163.08 Supplemental authority for improvements to real
   50  property.—
   51         (1)(a) In chapter 2008-227, Laws of Florida, the
   52  Legislature amended the energy goal of the state comprehensive
   53  plan to provide, in part, that the state shall reduce its energy
   54  requirements through enhanced conservation and efficiency
   55  measures in all end-use sectors and reduce atmospheric carbon
   56  dioxide by promoting an increased use of renewable energy
   57  resources. That act also declared it the public policy of the
   58  state to play a leading role in developing and instituting
   59  energy management programs that promote energy conservation,
   60  energy security, and the reduction of greenhouse gases. In
   61  addition to establishing policies to promote the use of
   62  renewable energy, the Legislature provided for a schedule of
   63  increases in energy performance of buildings subject to the
   64  Florida Energy Efficiency Code for Building Construction. In
   65  chapter 2008-191, Laws of Florida, the Legislature adopted new
   66  energy conservation and greenhouse gas reduction comprehensive
   67  planning requirements for local governments. In the 2008 general
   68  election, the voters of this state approved a constitutional
   69  amendment authorizing the Legislature, by general law, to
   70  prohibit consideration of any change or improvement made for the
   71  purpose of improving a property’s resistance to wind damage or
   72  the installation of a renewable energy source device in the
   73  determination of the assessed value of residential real
   74  property.
   75         (b) The Legislature finds that all energy-consuming
   76  improved properties that are not using energy conservation
   77  strategies contribute to the burden affecting all improved
   78  property resulting from fossil fuel energy production. Improved
   79  property that has been retrofitted with energy-related
   80  qualifying improvements receives the special benefit of
   81  alleviating the property’s burden from energy consumption. All
   82  improved properties not protected from wind damage by wind
   83  resistance qualifying improvements contribute to the burden
   84  affecting all improved property resulting from potential wind
   85  damage. Improved property that has been retrofitted with wind
   86  resistance qualifying improvements receives the special benefit
   87  of reducing the property’s burden from potential wind damage.
   88  Further, the installation and operation of qualifying
   89  improvements not only benefit the affected properties for which
   90  the improvements are made, but also assist in fulfilling the
   91  goals of the state’s energy and hurricane mitigation policies.
   92         (c) In order to make qualifying improvements more
   93  affordable and assist property owners who wish to undertake such
   94  improvements, the Legislature finds that there is a compelling
   95  state interest in enabling property owners to voluntarily
   96  finance such improvements with local government assistance.
   97         (d)(c) The Legislature determines that the actions
   98  authorized under this section, including, but not limited to,
   99  the financing of qualifying improvements through the execution
  100  of assessment financing agreements and the related imposition of
  101  voluntary assessments, are reasonable and necessary to serve and
  102  achieve a compelling state interest and are necessary for the
  103  prosperity and welfare of the state and its property owners and
  104  inhabitants.
  105         (2) As used in this section, the term:
  106         (a)“Assessment financing agreement” means the financing
  107  agreement under a REEF program between a local government and a
  108  property owner for the acquisition or installation of qualifying
  109  improvements.
  110         (b)“Contractor” means an independent contractor who
  111  contracts with a property owner to install qualifying
  112  improvements on real property but who is not the owner of such
  113  property.
  114         (c)“Government-leased property” means real property owned
  115  by a local government which has become subject to taxation due
  116  to lease of the property to a nongovernmental lessee.
  117         (d)(a) “Local government” means a county, a municipality, a
  118  dependent special district as defined in s. 189.012, or a
  119  separate legal entity created pursuant to s. 163.01(7).
  120         (e)“Non-ad valorem assessment” or “assessment” has the
  121  same meaning as the term “non-ad valorem assessment” as defined
  122  in s. 197.3632(1).
  123         (f)“Nongovernmental lessee” means a person or an entity,
  124  other than a local government, which is the lessee of
  125  government-leased property.
  126         (g)“Nonresidential real property” means any property not
  127  defined as residential real property and which will be or has
  128  been improved by a qualifying improvement. The term includes,
  129  but is not limited to, the following:
  130         1.Multifamily residential property composed of five or
  131  more dwelling units.
  132         2.Office property.
  133         3.Commercial real property.
  134         4.Industrial property.
  135         5.Agricultural property.
  136         6.Government-leased property.
  137         (h)“Program administrator” means an entity, including, but
  138  not limited to, a for-profit or not-for-profit entity, with
  139  which a local government contracts to administer a REEF program.
  140         (i)(b) “Qualifying improvement” includes any:
  141         1. Energy conservation and efficiency improvement, which is
  142  a measure to reduce consumption through conservation or a more
  143  efficient use of electricity, natural gas, propane, or other
  144  forms of energy on the property, including, but not limited to,
  145  air sealing; installation of insulation; installation of energy
  146  efficient heating, cooling, or ventilation systems; building
  147  modifications to increase the use of daylight; replacement of
  148  windows; installation of energy controls or energy recovery
  149  systems; installation of electric vehicle charging equipment;
  150  and installation of efficient lighting equipment.
  151         2. Renewable energy improvement, which is the installation
  152  of any system in which the electrical, mechanical, or thermal
  153  energy is produced from a method that uses one or more of the
  154  following fuels or energy sources: hydrogen, solar energy,
  155  geothermal energy, bioenergy, and wind energy.
  156         3. Wind resistance improvement, which includes, but is not
  157  limited to:
  158         a. Improving the strength of the roof deck attachment;
  159         b. Creating a secondary water barrier to prevent water
  160  intrusion;
  161         c. Installing wind-resistant shingles;
  162         d. Installing gable-end bracing;
  163         e. Reinforcing roof-to-wall connections;
  164         f. Installing storm shutters; or
  165         g. Installing opening protections.
  166         (j)“Residential real property” means a residential real
  167  property composed of four or fewer dwelling units which is or
  168  will be improved by a qualifying improvement.
  169         (k)“Resiliency Energy Environment Florida (REEF) program”
  170  means a program established by a local government, alone or in
  171  partnership with other local governments or a program
  172  administrator, to finance qualifying improvements on
  173  nonresidential real property or residential real property.
  174         (4) Subject to local government ordinance or resolution, a
  175  property owner may apply to the REEF program local government
  176  for funding to finance a qualifying improvement and enter into
  177  an assessment a financing agreement with the local government.
  178  Costs incurred by the REEF program local government for such
  179  purpose may be collected as a non-ad valorem assessment. A non
  180  ad valorem assessment shall be collected pursuant to s. 197.3632
  181  and, notwithstanding s. 197.3632(8)(a), shall not be subject to
  182  discount for early payment. However, the notice and adoption
  183  requirements of s. 197.3632(4) do not apply if this section is
  184  used and complied with, and the intent resolution, publication
  185  of notice, and mailed notices to the property appraiser, tax
  186  collector, and Department of Revenue required by s.
  187  197.3632(3)(a) may be provided on or before August 15 in
  188  conjunction with any non-ad valorem assessment authorized by
  189  this section, if the property appraiser, tax collector, and
  190  local government agree.
  191         (6) A local government may enter into an agreement with a
  192  program administrator to administer a REEF program A qualifying
  193  improvement program may be administered by a for-profit entity
  194  or a not-for-profit organization on behalf of and at the
  195  discretion of the local government.
  196         (7) A local government may incur debt for the purpose of
  197  providing financing for qualifying such improvements, which debt
  198  is payable from revenues received from the improved property, or
  199  from any other available revenue source authorized under this
  200  section or by other law.
  201         (8) A local government may enter into an assessment a
  202  financing agreement to finance or refinance a qualifying
  203  improvement only with the record owner of the affected property.
  204  Any assessment financing agreement entered into pursuant to this
  205  section or a summary memorandum of such agreement shall be
  206  submitted for recording recorded in the public records of the
  207  county within which the property is located by the sponsoring
  208  unit of local government within 5 days after execution of the
  209  agreement. The recorded agreement shall provide constructive
  210  notice that the assessment to be levied on the property
  211  constitutes a lien of equal dignity to county taxes and
  212  assessments from the date of recordation. A notice of lien for
  213  the full amount of the financing may be recorded in the public
  214  records of the county where the property is located. Such lien
  215  shall not be enforceable in a manner that results in the
  216  acceleration of the remaining nondelinquent unpaid balance under
  217  the assessment financing agreement.
  218         (9) Before entering into an assessment a financing
  219  agreement, the local government, or the program administrator
  220  acting on its behalf, shall reasonably determine that:
  221         (a) All property taxes and any other assessments levied on
  222  the same bill as property taxes are current paid and have not
  223  been delinquent for more than 30 days for the preceding 3 years
  224  or the property owner’s period of ownership, whichever is less;
  225         (b)that There are no involuntary liens greater than
  226  $1,000, including, but not limited to, construction liens on the
  227  property;
  228         (c)that No notices of default or other evidence of
  229  property-based debt delinquency have been recorded and not
  230  released during the preceding 3 years or the property owner’s
  231  period of ownership, whichever is less;
  232         (d)The local government or program administrator has asked
  233  the property owner whether any other assessments under this
  234  section have been recorded or have been funded and not yet
  235  recorded on the property. The failure of a property owner to
  236  disclose information set forth in this paragraph does not
  237  invalidate an assessment financing agreement or any obligation
  238  thereunder, even if the total financed amount of the qualifying
  239  improvements exceeds the amount that would otherwise be
  240  authorized under paragraph (12)(a);
  241         (e)and that The property owner is current on all mortgage
  242  debt on the property; and
  243         (f)If the property is residential real property, it is not
  244  subject to an existing home equity conversion mortgage or
  245  reverse mortgage product or is not currently a residential
  246  property gifted to a homeowner by a nonprofit entity.
  247         (10) Before final funding may be provided, a qualifying
  248  improvement must shall be affixed or planned to be affixed to a
  249  nonresidential real property or residential real building or
  250  facility that is part of the property and constitutes shall
  251  constitute an improvement to that property the building or
  252  facility or a fixture attached to the building or facility. An
  253  assessment financing agreement may between a local government
  254  and a qualifying property owner may not cover qualifying wind
  255  resistance improvements on nonresidential real property or
  256  residential real property in buildings or facilities under new
  257  construction or construction for which a certificate of
  258  occupancy or similar evidence of substantial completion of new
  259  construction or improvement has not been issued.
  260         (12)(a) Without the consent of the holders or loan
  261  servicers of any mortgage encumbering or otherwise secured by
  262  the property, the total amount of any non-ad valorem assessment
  263  for a property under this section may not exceed 20 percent of
  264  the fair market just value of the real property as determined by
  265  the county property appraiser. The combined mortgage-related
  266  debt and total amount of any non-ad valorem assessments funded
  267  under this section for residential real property may not exceed
  268  100 percent of the fair market value of the residential real
  269  property. However, the failure of a property owner to disclose
  270  information set forth in paragraph (9)(d) does not invalidate an
  271  assessment financing agreement or any obligation thereunder,
  272  even if the total financed amount of the qualifying improvements
  273  exceeds the amount that would otherwise be authorized under this
  274  paragraph.
  275         (b) Notwithstanding paragraph (a), a non-ad valorem
  276  assessment for a qualifying improvement defined in subparagraph
  277  (2)(i)1. (2)(b)1. or subparagraph (2)(i)2. which (2)(b)2. that
  278  is supported by an energy audit is not subject to the limits in
  279  this subsection if the audit demonstrates that the annual energy
  280  savings from the qualified improvement equals or exceeds the
  281  annual repayment amount of the non-ad valorem assessment.
  282         (13) At least 30 days before entering into an assessment a
  283  financing agreement, the property owner shall provide to the
  284  holders or loan servicers of any existing mortgages encumbering
  285  or otherwise secured by the property a notice of the owner’s
  286  intent to enter into an assessment a financing agreement
  287  together with the maximum principal amount to be financed and
  288  the maximum annual assessment necessary to repay that amount. A
  289  verified copy or other proof of such notice shall be provided to
  290  the local government or program administrator. A provision in
  291  any agreement between a mortgagee or other lienholder and a
  292  property owner, or otherwise now or hereafter binding upon a
  293  property owner, which allows for acceleration of payment of the
  294  mortgage, note, or lien or other unilateral modification solely
  295  as a result of entering into an assessment a financing agreement
  296  as provided for in this section is not enforceable. This
  297  subsection does not limit the authority of the holder or loan
  298  servicer to increase the required monthly escrow by an amount
  299  necessary to annually pay the annual qualifying improvement
  300  assessment.
  301         (14) At or before the time a seller purchaser executes a
  302  contract for the sale and purchase of any property for which a
  303  non-ad valorem assessment has been levied under this section and
  304  has an unpaid balance due, the seller must shall give the
  305  prospective purchaser a written disclosure statement in the
  306  following form, which shall be set forth in the contract or in a
  307  separate writing:
  310         RENEWABLE ENERGY, OR WIND RESISTANCE.—The property
  311         being purchased is located within the jurisdiction of
  312         a local government that has placed an assessment on
  313         the property pursuant to s. 163.08, Florida Statutes.
  314         The assessment is for a qualifying improvement to the
  315         property relating to energy efficiency, renewable
  316         energy, or wind resistance, and is not based on the
  317         value of property. You are encouraged to contact the
  318         county property appraiser’s office to learn more about
  319         this and other assessments that may be provided by
  320         law.
  322         (16)Before final approval of an assessment financing
  323  agreement for a qualifying improvement on a residential real
  324  property, a program administrator shall reasonably determine
  325  that the property owner has the ability to pay the estimated
  326  annual assessment. To do so, the program administrator shall, at
  327  a minimum, use the underwriting requirements in subsection (9),
  328  confirm that the property owner is not in bankruptcy, and
  329  determine that the total estimated annual payment amount for all
  330  assessment financing agreements funded under this section on the
  331  property does not exceed 10 percent of the property owner’s
  332  annual household income. Income may be confirmed using
  333  information gathered from reputable third parties that provide
  334  reasonably reliable evidence of the property owner’s household
  335  income. Income may not be confirmed solely by a property owner’s
  336  statement. The failure of a property owner to disclose
  337  information set forth in paragraph (9)(d) does not invalidate an
  338  assessment financing agreement or any obligation thereunder,
  339  even if the total estimated annual payment amount exceeds the
  340  amount that would otherwise be authorized under this subsection.
  341         (17)Prior to or contemporaneously with a property owner
  342  signing an assessment financing agreement on a residential real
  343  property, the program administrator shall provide a financing
  344  estimate and disclosure to the residential real property owner
  345  which includes all of the following:
  346         (a)The total amount estimated to be funded, including the
  347  cost of the qualifying improvements, program fees, and
  348  capitalized interest, if any.
  349         (b)The estimated annual assessment.
  350         (c)The term of the assessment.
  351         (d)The interest charged and estimated annual percentage
  352  rate.
  353         (e)A description of the qualifying improvement.
  354         (f)A disclosure that if the property owner sells or
  355  refinances the property, the property owner, as a condition of
  356  the sale or the refinance, may be required by a mortgage lender
  357  to pay off the full amount owed under each assessment financing
  358  agreement.
  359         (g)A disclosure that the assessment will be collected
  360  along with the property owner’s property taxes and will result
  361  in a lien on the property from the date the assessment financing
  362  agreement is recorded.
  363         (h)A disclosure that failure to pay the assessment may
  364  result in penalties and fees, along with the issuance of a tax
  365  certificate that could result in the property owner losing the
  366  real property.
  367         (18)Before a notice to proceed is issued on residential
  368  real property, the program administrator shall conduct with the
  369  residential real property owner or an authorized representative
  370  an oral, recorded telephone call during which the program
  371  administrator shall use plain language. The program
  372  administrator shall ask the residential real property owner if
  373  he or she would like to communicate primarily in a language
  374  other than English. A program administrator may not leave a
  375  voicemail to the residential real property owner to satisfy this
  376  requirement. A program administrator, as part of such telephone
  377  call, shall confirm all of the following with the residential
  378  real property owner:
  379         (a)That at least one residential real property owner has
  380  access to a copy of the assessment financing agreement and
  381  financing estimates and disclosures.
  382         (b)The qualifying improvements being financed.
  383         (c)The total estimated annual costs that the residential
  384  real property owner will have to pay under the assessment
  385  financing agreement, including applicable fees.
  386         (d)The total estimated average monthly equivalent amount
  387  of funds the residential real property owner would have to save
  388  in order to pay the annual costs of the assessment, including
  389  applicable fees.
  390         (e)The estimated date the residential real property
  391  owner’s first property tax payment that includes the assessment
  392  will be due.
  393         (f)The term of the assessment financing agreement.
  394         (g)That payments for the assessment financing agreement
  395  will cause the residential real property owner’s annual property
  396  tax bill to increase, and that payments will be made through an
  397  additional annual assessment on the property and either will be
  398  paid directly to the county tax collector’s office as part of
  399  the total annual secured property tax bill or may be paid
  400  through the residential real property owner’s mortgage escrow
  401  account.
  402         (h)That the residential real property owner has disclosed
  403  whether the property has received, or the owner is seeking,
  404  additional assessments funded under this section and that the
  405  owner has disclosed all other assessments funded under this
  406  section which are or are about to be placed on the property.
  407         (i)That the property will be subject to a lien during the
  408  term of the assessment financing agreement and that the
  409  obligations under the agreement may be required to be paid in
  410  full before the residential real property owner sells or
  411  refinances the property.
  412         (j)That any potential utility or insurance savings are not
  413  guaranteed and will not reduce the assessment or total
  414  assessment amount.
  415         (k)That the program administrator does not provide tax
  416  advice, and the residential real property owner should seek
  417  professional tax advice if he or she has questions regarding tax
  418  credits, tax deductibility, or other tax impacts of the
  419  qualifying improvement or the assessment financing agreement.
  420         (19)A residential real property owner may cancel an
  421  assessment financing agreement within 3 business days after
  422  signing the assessment financing agreement without any financial
  423  penalty for doing so.
  424         (20)The term of an assessment financing agreement on
  425  residential real property may not exceed:
  426         (a)Thirty years; or
  427         (b)Either the weighted average estimated useful life of
  428  all qualifying improvements being financed or the estimated
  429  useful life of the qualifying improvements to which the greatest
  430  portion of funds is disbursed.
  431         (21)An assessment financing agreement authorized under
  432  this section on residential real property may not include any of
  433  the following financing terms:
  434         (a)A negative amortization schedule.
  435         (b)A balloon payment.
  436         (c)Prepayment fees, other than nominal administrative
  437  costs.
  438         (22)For residential real property, a program
  439  administrator:
  440         (a)May not enroll a contractor who contracts with
  441  residential real property owners to install qualifying
  442  improvements unless:
  443         1.The program administrator makes a reasonable effort to
  444  determine that the contractor maintains in good standing an
  445  appropriate license from the state, if applicable, as well as
  446  any other permit, license, or registration required for engaging
  447  in business in the jurisdiction in which he or she operates and
  448  that the contractor maintains all state-required bond and
  449  insurance coverage; and
  450         2.The program administrator obtains the contractor’s
  451  written agreement that the contractor will act in accordance
  452  with all applicable laws, including applicable advertising and
  453  marketing laws and regulations.
  454         (b)Shall maintain a process to enroll new contractors
  455  which includes reasonable review of the following for each
  456  contractor:
  457         1.Relevant work or project history.
  458         2.Financial and reputational background checks.
  459         3.A criminal background check. A program administrator may
  460  rely on a background check conducted by the Construction
  461  Industry Licensing Board within the Department of Business and
  462  Professional Regulation to comply with this requirement.
  463         4.Status on the Better Business Bureau online platform or
  464  another online platform that tracks contractor reviews.
  465         (23)(a)Before disbursing funds to a contractor for a
  466  qualifying improvement on residential real property, a program
  467  administrator must first confirm that the applicable work or
  468  service has been completed, either through a written
  469  certification from the property owner, a recorded telephone call
  470  with the property owner, review of geo-stamped and time-stamped
  471  photographs, review of a final permit, or a site inspection
  472  through third-party means.
  473         (b)A program administrator may not disclose to a
  474  contractor or to a third party engaged in soliciting an
  475  assessment financing agreement the maximum financing amount for
  476  which a residential real property owner is eligible.
  477         (24)A program administrator shall comply with the
  478  following marketing and communications guidelines when
  479  communicating with residential real property owners:
  480         (a)A program administrator may not represent:
  481         1.That the REEF program or assessment financing is a
  482  government assistance program;
  483         2.That qualifying improvements are free or that assessment
  484  financing is a free program; or
  485         3.That the financing of a qualifying improvement using the
  486  REEF program does not require the property owner to repay the
  487  financial obligation.
  488         (b)A program administrator may not make any representation
  489  as to the tax deductibility of an assessment authorized under
  490  this section. A program administrator or contractor may
  491  encourage a property owner to seek the advice of a tax
  492  professional regarding tax matters related to assessments.
  493         (25)A contractor should not present a higher price for a
  494  qualifying improvement on residential real property financed by
  495  an assessment financing agreement than the contractor would
  496  otherwise reasonably present if the qualifying improvement was
  497  not being financed through an assessment financing agreement.
  498         (26)A program administrator shall use appropriate
  499  methodologies or technologies to identify and verify the
  500  identity of the residential real property owners who execute an
  501  assessment financing agreement.
  502         (27)A program administrator may not provide a contractor
  503  with any payment, fee, or kickback in exchange for referring
  504  assessment financing business relating to a specific assessment
  505  financing agreement.
  506         (28)A program administrator shall develop and implement
  507  policies and procedures for responding, tracking, and timely
  508  helping to resolve questions and property owner complaints as
  509  soon as reasonably practicable.
  510         (29)A program administrator shall maintain a process for
  511  monitoring contractors that contract with residential real
  512  property owners to install qualifying improvements with regard
  513  to performance and compliance with program policies and shall
  514  implement policies for suspending and terminating contractors
  515  based on violations of program policies or unscrupulous
  516  behavior. A program administrator shall maintain a policy for
  517  determining the conditions on which a contractor may be
  518  reinstated to the program.
  519         (30)A program administrator shall provide, at a reasonable
  520  time following the end of the prior calendar year, an annual
  521  report to the dependent special district as defined in s.
  522  189.012 or a separate legal entity created pursuant to s.
  523  163.01(7) which it has contracted with to administer a REEF
  524  program and shall include information and data related to the
  525  following:
  526         (a)The total number of property owner complaints received
  527  which are associated with project funding in the report year.
  528         (b)Of the total number of complaints received associated
  529  with project funding in the report year:
  530         1.The number and percentage of complaints that relate to
  531  the assessment financing.
  532         2.The number and percentage of complaints that relate to a
  533  contractor or the workmanship of a contractor and are not
  534  related to assessment financing.
  535         3.The number and percentage of complaints that relate to
  536  both a contractor and the assessment financing.
  537         4.The number and percentage of complaints identified in
  538  subparagraphs 1., 2., and 3. which were resolved and the number
  539  and percentage of complaints that were not resolved.
  540         (c)The percentage of complaints in subparagraphs (b)1.,
  541  2., and 3. expressed as a total of all projects funded in the
  542  report year.
  543         (31)Notwithstanding any provision of this section to the
  544  contrary, the following applies to government-leased property:
  545         (a)The assessment financing agreement must be executed by
  546  either:
  547         1.The local government and the nongovernmental lessee; or
  548         2.Solely by the nongovernmental lessee but with the
  549  written consent of the local government. Evidence of such
  550  consent must be provided to the program administrator or REEF
  551  program.
  552         (b)The assessment financing agreement must provide that
  553  the nongovernmental lessee is the only party obligated to pay
  554  the assessment.
  555         (c)A delinquent assessment must be enforced in the manner
  556  provided in ss. 196.199(8) and 197.432(10).
  557         (d)The recorded assessment financing agreement, or a
  558  summary memorandum of such recorded agreement, must provide
  559  constructive notice that the assessment to be levied on the
  560  property is subject to enforcement in the manner provided in ss.
  561  196.199(8) and 197.432(10).
  562         (e)For purposes of subsections (9) and (13) only,
  563  references to the property owner are deemed to refer to the
  564  nongovernmental lessee and references to the period of ownership
  565  are deemed to refer to the period that the nongovernmental
  566  lessee has been leasing the property from the local government.
  567         (f)The term of the assessment financing agreement on
  568  government-leased property may not exceed:
  569         1.Thirty years;
  570         2.The remaining term of the lease on the government-leased
  571  property; or
  572         3.Either the weighted average estimated useful life of all
  573  qualifying improvements being financed or the estimated useful
  574  life of the qualifying improvements to which the greatest
  575  portion of funds is disbursed.
  576         (32)(a)Subsections (16) through (30) do not apply to
  577  residential real property if the program administrator
  578  reasonably determines that:
  579         1.The residential real property is owned by a business
  580  entity that owns more than four residential real properties; and
  581         2.The business entity’s managing member, partner, or
  582  beneficial owner does not reside in the residential real
  583  property.
  584         (b)Subsections (16) through (30) apply to a program
  585  administrator only when administering a REEF program for
  586  qualifying improvements on residential real property.
  587  Subsections (16) through (30) do not apply with respect to a
  588  local government or to nonresidential real property.
  589         Section 2. This act shall take effect July 1, 2022.