Florida Senate - 2022                              CS for SB 228
       By the Committee on Finance and Tax; and Senators Rodriguez,
       Burgess, Hutson, Gruters, and Hooper
       593-01984-22                                           2022228c1
    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 a local government to enter into an
   11         agreement with a program administrator to administer a
   12         REEF program on the local government’s behalf;
   13         revising and specifying public recording requirements
   14         for assessment financing agreements and notices of
   15         lien; revising requirements that apply to local
   16         governments or program administrators in determining
   17         eligibility for assessment financing; revising
   18         requirements for qualifying improvements; revising the
   19         calculation of non-ad valorem assessment limits;
   20         providing construction; specifying underwriting,
   21         financing estimate, disclosure, and confirmation
   22         requirements for program administrators relating to
   23         residential real property; authorizing a residential
   24         real property owner, under certain circumstances and
   25         within a certain timeframe, to cancel an assessment
   26         financing agreement without financial penalty;
   27         specifying limitations on assessment financing
   28         agreement terms for residential real property;
   29         prohibiting certain financing terms for residential
   30         real property; specifying requirements for, and
   31         certain prohibited acts by, program administrators
   32         relating to assessment financing agreements and
   33         contractors for qualifying improvements to residential
   34         real property; specifying additional annual reporting
   35         requirements for program administrators; specifying
   36         requirements for, and limitations on, assessment
   37         financing agreements relating to government-leased
   38         property; providing construction and applicability;
   39         conforming provisions to changes made by the act;
   40         providing an effective 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
  108  a property owner for the acquisition or installation of
  109  qualifying improvements.
  110         (b)“Government-leased property” means real property owned
  111  by a local government which has become subject to taxation due
  112  to lease of the property to a nongovernmental lessee.
  113         (c)(a) “Local government” means a county, a municipality, a
  114  dependent special district as defined in s. 189.012, or a
  115  separate legal entity created pursuant to s. 163.01(7).
  116         (d)“Non-ad valorem assessment” or “assessment” has the
  117  same meaning as the term “non-ad valorem assessment” as defined
  118  in s. 197.3632(1).
  119         (e)“Nongovernmental lessee” means a person or an entity,
  120  other than a local government, which is the lessee of
  121  government-leased property.
  122         (f)“Nonresidential real property” means any property not
  123  defined as residential real property and which will be or has
  124  been improved by a qualifying improvement. The term includes,
  125  but is not limited to, the following:
  126         1.Multifamily residential property composed of five or
  127  more dwelling units.
  128         2.Office property.
  129         3.Commercial real property.
  130         4.Industrial property.
  131         5.Agricultural property.
  132         6.Government-leased property.
  133         (g)“Program administrator” means an entity, including, but
  134  not limited to, a for-profit or not-for-profit entity, with
  135  which a local government may contract to administer a REEF
  136  program.
  137         (h)(b) “Qualifying improvement” includes any:
  138         1. Energy conservation and efficiency improvement, which is
  139  a measure to reduce consumption through conservation or a more
  140  efficient use of electricity, natural gas, propane, or other
  141  forms of energy on the property, including, but not limited to,
  142  air sealing; installation of insulation; installation of energy
  143  efficient heating, cooling, or ventilation systems; building
  144  modifications to increase the use of daylight; replacement of
  145  windows; installation of energy controls or energy recovery
  146  systems; installation of electric vehicle charging equipment;
  147  and installation of efficient lighting equipment.
  148         2. Renewable energy improvement, which is the installation
  149  of any system in which the electrical, mechanical, or thermal
  150  energy is produced from a method that uses one or more of the
  151  following fuels or energy sources: hydrogen, solar energy,
  152  geothermal energy, bioenergy, and wind energy.
  153         3. Wind resistance improvement, which includes, but is not
  154  limited to:
  155         a. Improving the strength of the roof deck attachment;
  156         b. Creating a secondary water barrier to prevent water
  157  intrusion;
  158         c. Installing wind-resistant shingles;
  159         d. Installing gable-end bracing;
  160         e. Reinforcing roof-to-wall connections;
  161         f. Installing storm shutters; or
  162         g. Installing opening protections.
  163         (i)“Residential real property” means a residential real
  164  property composed of four or fewer dwelling units which has been
  165  or will be improved by a qualifying improvement.
  166         (j)“Resiliency Energy Environment Florida (REEF) program”
  167  means a program established by a local government, alone or in
  168  partnership with other local governments or a program
  169  administrator, to finance qualifying improvements on
  170  nonresidential real property or residential real property.
  171         (4) Subject to local government ordinance or resolution, a
  172  property owner may apply to the REEF program local government
  173  for funding to finance a qualifying improvement and enter into
  174  an assessment a financing agreement with the local government.
  175  Costs incurred by the REEF program local government for such
  176  purpose may be collected as a non-ad valorem assessment. A non
  177  ad valorem assessment shall be collected pursuant to s. 197.3632
  178  and, notwithstanding s. 197.3632(8)(a), shall not be subject to
  179  discount for early payment. However, the notice and adoption
  180  requirements of s. 197.3632(4) do not apply if this section is
  181  used and complied with, and the intent resolution, publication
  182  of notice, and mailed notices to the property appraiser, tax
  183  collector, and Department of Revenue required by s.
  184  197.3632(3)(a) may be provided on or before August 15 in
  185  conjunction with any non-ad valorem assessment authorized by
  186  this section, if the property appraiser, tax collector, and
  187  local government agree.
  188         (6) A local government may enter into an agreement with a
  189  program administrator to administer a REEF program on behalf of
  190  the local government A qualifying improvement program may be
  191  administered by a for-profit entity or a not-for-profit
  192  organization on behalf of and at the discretion of the local
  193  government.
  194         (7) A local government may incur debt for the purpose of
  195  providing financing for qualifying such improvements, which debt
  196  is payable from revenues received from the improved property, or
  197  from any other available revenue source authorized under this
  198  section or by other law.
  199         (8) A local government may enter into an assessment a
  200  financing agreement to finance or refinance a qualifying
  201  improvement only with the record owner of the affected property.
  202  Any assessment financing agreement entered into pursuant to this
  203  section or a summary memorandum of such agreement shall be
  204  submitted for recording recorded in the public records of the
  205  county within which the property is located by the sponsoring
  206  unit of local government within 5 days after execution of the
  207  agreement. The recorded agreement shall provide constructive
  208  notice that the assessment to be levied on the property
  209  constitutes a lien of equal dignity to county taxes and
  210  assessments from the date of recordation. A notice of lien for
  211  the full amount of the financing may be recorded in the public
  212  records of the county where the property is located. Such lien
  213  shall not be enforceable in a manner that results in the
  214  acceleration of the remaining nondelinquent unpaid balance under
  215  the assessment financing agreement.
  216         (9) Before entering into an assessment a financing
  217  agreement, the local government, or the program administrator
  218  acting on its behalf, shall reasonably determine that all of the
  219  following conditions are met:
  220         (a) All property taxes and any other assessments levied on
  221  the same bill as property taxes are current paid and have not
  222  been delinquent for more than 30 days for the preceding 3 years
  223  or the property owner’s period of ownership, whichever is less.;
  224         (b)that There are no involuntary liens greater than
  225  $1,000, including, but not limited to, construction liens on the
  226  property.;
  227         (c)that No notices of default or other evidence of
  228  property-based debt delinquency have been recorded and not
  229  released during the preceding 3 years or the property owner’s
  230  period of ownership, whichever is less.;
  231         (d)The local government or program administrator has asked
  232  the property owner whether any other assessments under this
  233  section have been recorded or have been funded and not yet
  234  recorded on the property. The failure of a property owner to
  235  disclose information set forth in this paragraph does not
  236  invalidate an assessment financing agreement or any obligation
  237  thereunder, even if the total financed amount of the qualifying
  238  improvements exceeds the amount that would otherwise be
  239  authorized under paragraph (12)(a).
  240         (e)and that The property owner is current on all mortgage
  241  debt on the property.
  242         (f)The residential property is not subject to an existing
  243  home equity conversion mortgage or reverse mortgage product.
  244  This paragraph does not apply to nonresidential real properties.
  245         (g)The property is not currently a residential property
  246  gifted to a homeowner for free by a nonprofit entity as may be
  247  disclosed by the property owner. The failure of a property owner
  248  to disclose information set forth in this paragraph does not
  249  invalidate an assessment financing agreement or any obligation
  250  thereunder. This paragraph does not apply to nonresidential real
  251  properties.
  252         (10) Before final funding may be provided, a qualifying
  253  improvement must shall be affixed or planned to be affixed to a
  254  nonresidential real property or residential real building or
  255  facility that is part of the property and constitutes shall
  256  constitute an improvement to that property the building or
  257  facility or a fixture attached to the building or facility. An
  258  assessment financing agreement may between a local government
  259  and a qualifying property owner may not cover qualifying wind
  260  resistance improvements on nonresidential real property under
  261  new construction or residential real property in buildings or
  262  facilities under new construction or construction for which a
  263  certificate of occupancy or similar evidence of substantial
  264  completion of new construction or improvement has not been
  265  issued.
  266         (12)(a) Without the consent of the holders or loan
  267  servicers of any mortgage encumbering or otherwise secured by
  268  the property, the total amount of any non-ad valorem assessment
  269  for a property under this section may not exceed 20 percent of
  270  the fair market just value of the real property as determined by
  271  the county property appraiser. The combined mortgage-related
  272  debt and total amount of any non-ad valorem assessments funded
  273  under this section for residential real property may not exceed
  274  100 percent of the fair market value of the residential real
  275  property. However, the failure of a property owner to disclose
  276  information set forth in paragraph (9)(d) does not invalidate an
  277  assessment financing agreement or any obligation thereunder,
  278  even if the total financed amount of the qualifying improvements
  279  exceeds the amount that would otherwise be authorized under this
  280  paragraph. For purposes of this paragraph, fair market value may
  281  be determined using reputable third parties.
  282         (b) Notwithstanding paragraph (a), a non-ad valorem
  283  assessment for a qualifying improvement defined in subparagraph
  284  (2)(h)1. (2)(b)1. or subparagraph (2)(h)2. which (2)(b)2. that
  285  is supported by an energy audit is not subject to the limits in
  286  this subsection if the audit demonstrates that the annual energy
  287  savings from the qualified improvement equals or exceeds the
  288  annual repayment amount of the non-ad valorem assessment.
  289         (13) At least 30 days before entering into an assessment a
  290  financing agreement, the property owner shall provide to the
  291  holders or loan servicers of any existing mortgages encumbering
  292  or otherwise secured by the property a notice of the owner’s
  293  intent to enter into an assessment a financing agreement
  294  together with the maximum principal amount to be financed and
  295  the maximum annual assessment necessary to repay that amount. A
  296  verified copy or other proof of such notice shall be provided to
  297  the local government. A provision in any agreement between a
  298  mortgagee or other lienholder and a property owner, or otherwise
  299  now or hereafter binding upon a property owner, which allows for
  300  acceleration of payment of the mortgage, note, or lien or other
  301  unilateral modification solely as a result of entering into an
  302  assessment a financing agreement as provided for in this section
  303  is not enforceable. This subsection does not limit the authority
  304  of the holder or loan servicer to increase the required monthly
  305  escrow by an amount necessary to annually pay the annual
  306  qualifying improvement assessment.
  307         (14) At or before the time a seller purchaser executes a
  308  contract for the sale and purchase of any property for which a
  309  non-ad valorem assessment has been levied under this section and
  310  has an unpaid balance due, the seller must shall give the
  311  prospective purchaser a written disclosure statement in the
  312  following form, which shall be set forth in the contract or in a
  313  separate writing:
  316         RENEWABLE ENERGY, OR WIND RESISTANCE.—The property
  317         being purchased is located within the jurisdiction of
  318         a local government that has placed an assessment on
  319         the property pursuant to s. 163.08, Florida Statutes.
  320         The assessment is for a qualifying improvement to the
  321         property relating to energy efficiency, renewable
  322         energy, or wind resistance, and is not based on the
  323         value of property. You are encouraged to contact the
  324         county property appraiser’s office to learn more about
  325         this and other assessments that may be provided by
  326         law.
  328         (16)Before final approval of an assessment financing
  329  agreement for a qualifying improvement on a residential real
  330  property, a program administrator shall reasonably determine
  331  that the property owner has the ability to pay the estimated
  332  annual assessment. To do so, the program administrator shall, at
  333  a minimum, use the underwriting requirements in subsection (9),
  334  confirm that the property owner is not in bankruptcy, and
  335  determine that the total estimated annual payment amount for all
  336  assessment financing agreements funded under this section on the
  337  property does not exceed 10 percent of the property owner’s
  338  annual household income. Income may be confirmed using
  339  information gathered from reputable third parties that provide
  340  reasonably reliable evidence of the property owner’s household
  341  income. Income may not be confirmed solely by a property owner’s
  342  statement. The failure of a property owner to disclose
  343  information set forth in paragraph (9)(d) does not invalidate an
  344  assessment financing agreement or any obligation thereunder,
  345  even if the total estimated annual payment amount exceeds the
  346  amount that would otherwise be authorized under this subsection.
  347         (17)Prior to or contemporaneously with a property owner
  348  signing an assessment financing agreement on a residential real
  349  property, the program administrator shall provide a financing
  350  estimate and disclosure to the residential real property owner
  351  which includes all of the following:
  352         (a)The total amount estimated to be funded, including the
  353  cost of the qualifying improvements, program fees, and
  354  capitalized interest, if any.
  355         (b)The estimated annual assessment.
  356         (c)The term of the assessment.
  357         (d)The interest charged and estimated annual percentage
  358  rate.
  359         (e)A description of the qualifying improvement.
  360         (f)A disclosure that if the property owner sells or
  361  refinances the property, the property owner, as a condition of
  362  the sale or the refinance, may be required by a mortgage lender
  363  to pay off the full amount owed under each assessment financing
  364  agreement.
  365         (g)A disclosure that the assessment will be collected
  366  along with the property owner’s property taxes and will result
  367  in a lien on the property from the date the assessment financing
  368  agreement is recorded.
  369         (h)A disclosure that failure to pay the assessment may
  370  result in penalties and fees, along with the issuance of a tax
  371  certificate that could result in the property owner losing the
  372  real property.
  373         (18)Before a notice to proceed is issued on residential
  374  real property, the program administrator shall conduct with the
  375  residential real property owner or an authorized representative
  376  an oral, recorded telephone call. The program administrator
  377  shall ask the residential real property owner if he or she would
  378  like to communicate primarily in a language other than English.
  379  A program administrator may not leave a voicemail to the
  380  residential real property owner to satisfy this requirement. A
  381  program administrator, as part of such telephone call, shall
  382  confirm all of the following with the residential real property
  383  owner:
  384         (a)That at least one residential real property owner has
  385  access to a copy of the assessment financing agreement and
  386  financing estimates and disclosures.
  387         (b)The qualifying improvements being financed.
  388         (c)The total estimated annual costs that the residential
  389  real property owner will have to pay under the assessment
  390  financing agreement, including applicable fees.
  391         (d)The total estimated average monthly equivalent amount
  392  of funds the residential real property owner would have to save
  393  in order to pay the annual costs of the assessment, including
  394  applicable fees.
  395         (e)The estimated date the residential real property
  396  owner’s first property tax payment that includes the assessment
  397  will be due.
  398         (f)The term of the assessment financing agreement.
  399         (g)That payments for the assessment financing agreement
  400  will cause the residential real property owner’s annual property
  401  tax bill to increase, and that payments will be made through an
  402  additional annual assessment on the property and either will be
  403  paid directly to the county tax collector’s office as part of
  404  the total annual secured property tax bill or may be paid
  405  through the residential real property owner’s mortgage escrow
  406  account.
  407         (h)That the residential real property owner has disclosed
  408  whether the property has received, or the owner is seeking,
  409  additional assessments funded under this section and that the
  410  owner has disclosed all other assessments funded under this
  411  section which are or are about to be placed on the property.
  412         (i)That the property will be subject to a lien during the
  413  term of the assessment financing agreement and that the
  414  obligations under the agreement may be required to be paid in
  415  full before the residential real property owner sells or
  416  refinances the property.
  417         (j)That any potential utility or insurance savings are not
  418  guaranteed and will not reduce the assessment or total
  419  assessment amount.
  420         (k)That the program administrator does not provide tax
  421  advice, and the residential real property owner should seek
  422  professional tax advice if he or she has questions regarding tax
  423  credits, tax deductibility, or other tax impacts of the
  424  qualifying improvement or the assessment financing agreement.
  425         (19)A residential real property owner may cancel an
  426  assessment financing agreement within 3 business days after
  427  signing the assessment financing agreement without any financial
  428  penalty from the program administrator for doing so.
  429         (20)The term of an assessment financing agreement on
  430  residential real property may not exceed the lesser of:
  431         (a)Thirty years; or
  432         (b)The greater of either the weighted average estimated
  433  useful life of all qualifying improvements being financed or the
  434  estimated useful life of the qualifying improvements to which
  435  the greatest portion of funds is disbursed.
  436         (21)An assessment financing agreement authorized under
  437  this section on residential real property may not include any of
  438  the following financing terms:
  439         (a)A negative amortization schedule. Capitalized interest
  440  included in the original balance of the assessment financing
  441  agreement does not constitute negative amortization.
  442         (b)A balloon payment.
  443         (c)Prepayment fees, other than nominal administrative
  444  costs.
  445         (22)For residential real property, a program
  446  administrator:
  447         (a)May not enroll a contractor who contracts with
  448  residential real property owners to install qualifying
  449  improvements unless:
  450         1.The program administrator makes a reasonable effort to
  451  review that the contractor maintains in good standing an
  452  appropriate license from the state, if applicable, as well as
  453  any other permit, license, or registration required for engaging
  454  in business in the jurisdiction in which he or she operates and
  455  that the contractor maintains all state-required bond and
  456  insurance coverage; and
  457         2.The program administrator obtains the contractor’s
  458  written agreement that the contractor will act in accordance
  459  with all applicable laws, including applicable advertising and
  460  marketing laws and regulations.
  461         (b)Shall maintain a process to enroll new contractors
  462  which includes reasonable review of the following for each
  463  contractor:
  464         1.Relevant work or project history.
  465         2.Financial and reputational background checks.
  466         3.A criminal background check.
  467         4.Status on the Better Business Bureau online platform or
  468  another online platform that tracks contractor reviews.
  469         (c)A program administrator may pay or reimburse
  470  contractors for any expense allowable under applicable state law
  471  and not otherwise prohibited under this section, including, but
  472  not limited to, marketing, training, and promotions.
  473         (23)(a)Before disbursing funds to a contractor for a
  474  qualifying improvement on residential real property, a program
  475  administrator must first confirm that the applicable work or
  476  service has been completed through any of the following:
  477         1.A written certification from the property owner;
  478         2.A recorded telephone call with the property owner;
  479         3.A review of geotagged and time-stamped photographs;
  480         4.A review of a final permit; or
  481         5.A site inspection through third-party means.
  482         (b)A program administrator may not disclose to a
  483  contractor or to a third party engaged in soliciting an
  484  assessment financing agreement the maximum financing amount for
  485  which a residential real property owner is eligible.
  486         (24)A program administrator shall comply with the
  487  following marketing and communications guidelines when
  488  communicating with residential real property owners:
  489         (a)A program administrator may not represent:
  490         1.That the REEF program or assessment financing is a
  491  government assistance program;
  492         2.That qualifying improvements are free or that assessment
  493  financing is a free program; or
  494         3.That the financing of a qualifying improvement using the
  495  REEF program does not require the property owner to repay the
  496  financial obligation.
  497         (b)A program administrator may not make any representation
  498  as to the tax deductibility of an assessment authorized under
  499  this section. A program administrator may encourage a property
  500  owner to seek the advice of a tax professional regarding tax
  501  matters related to assessments.
  502         (25)A contractor should not present a higher price for a
  503  qualifying improvement on residential real property financed by
  504  an assessment financing agreement than the contractor would
  505  otherwise reasonably present if the qualifying improvement was
  506  not being financed through an assessment financing agreement.
  507         (26)A program administrator shall use appropriate
  508  methodologies or technologies to identify and verify the
  509  identity of the residential real property owner who executes an
  510  assessment financing agreement.
  511         (27)A program administrator may not provide a contractor
  512  with any payment, fee, or kickback in exchange for referring
  513  assessment financing business relating to a specific assessment
  514  financing agreement on residential real property.
  515         (28)A program administrator shall develop and implement
  516  policies and procedures for responding to, tracking, and helping
  517  to resolve questions and property owner complaints as soon as
  518  reasonably practicable.
  519         (29)A program administrator shall maintain a process for
  520  monitoring enrolled contractors that contract with residential
  521  real property owners to install qualifying improvements with
  522  regard to performance and compliance with program policies and
  523  shall implement policies for suspending and terminating enrolled
  524  contractors based on violations of program policies or
  525  unscrupulous behavior. A program administrator shall maintain a
  526  policy for determining the conditions on which a contractor may
  527  be reinstated to the program.
  528         (30)A program administrator shall provide, at a reasonable
  529  time following the end of the prior calendar year, an annual
  530  report to the dependent special district as defined in s.
  531  189.012 or a separate legal entity created pursuant to s.
  532  163.01(7) which it has contracted with to administer a REEF
  533  program and shall include information and data related to the
  534  following:
  535         (a)The total number of property owner complaints received
  536  which are associated with project funding in the report year.
  537         (b)Of the total number of property owner complaints
  538  received associated with project funding in the report year:
  539         1.The number and percentage of complaints that relate to
  540  the assessment financing.
  541         2.The number and percentage of complaints that relate to a
  542  contractor or the workmanship of a contractor and are not
  543  related to assessment financing.
  544         3.The number and percentage of complaints that relate to
  545  both a contractor and the assessment financing.
  546         4.The number and percentage of complaints identified in
  547  subparagraphs 1., 2., and 3. which were resolved and the number
  548  and percentage of property owner complaints that were not
  549  resolved.
  550         (c)The percentage of property owner complaints in
  551  subparagraphs (b)1., 2., and 3. expressed as a total of all
  552  projects funded in the report year.
  553         (31)Notwithstanding any provision of this section to the
  554  contrary, the following applies to government-leased property:
  555         (a)The assessment financing agreement must be executed by
  556  either:
  557         1.The local government and the nongovernmental lessee; or
  558         2.Solely by the nongovernmental lessee but with the
  559  written consent of the local government. Evidence of such
  560  consent must be provided to the program administrator or REEF
  561  program.
  562         (b)The assessment financing agreement must provide that
  563  the nongovernmental lessee is the only party obligated to pay
  564  the assessment.
  565         (c)A delinquent assessment must be enforced in the manner
  566  provided in ss. 196.199(8) and 197.432(10).
  567         (d)The recorded assessment financing agreement, or a
  568  summary memorandum of such recorded agreement, must provide
  569  constructive notice that the assessment to be levied on the
  570  property is subject to enforcement in the manner provided in ss.
  571  196.199(8) and 197.432(10).
  572         (e)For purposes of subsections (9) and (13) only,
  573  references to the property owner are deemed to refer to the
  574  nongovernmental lessee and references to the period of ownership
  575  are deemed to refer to the period that the nongovernmental
  576  lessee has been leasing the property from the local government.
  577         (f)The term of the assessment financing agreement on
  578  government-leased property may not exceed the lesser of:
  579         1.Thirty years;
  580         2.The remaining term of the lease on the government-leased
  581  property; or
  582         3.The greater of either the weighted average estimated
  583  useful life of all qualifying improvements being financed or the
  584  estimated useful life of the qualifying improvements to which
  585  the greatest portion of funds is disbursed.
  586         (32)(a)Subsections (16) through (30) do not apply to
  587  residential real property if the program administrator
  588  reasonably determines that:
  589         1.The residential real property is owned by a business
  590  entity that owns more than four residential real properties; and
  591         2.The business entity’s managing member, partner, or
  592  beneficial owner does not reside in the residential real
  593  property.
  594         (b)Subsections (16) through (30) apply to a program
  595  administrator only when administering a REEF program for
  596  qualifying improvements on residential real property.
  597  Subsections (16) through (30) do not apply with respect to a
  598  local government, to residential property owned by a local
  599  government, or to nonresidential real property.
  600         Section 2. This act shall take effect July 1, 2022.