Florida Senate - 2023                       CS for CS for SB 950
       
       
        
       By the Committees on Fiscal Policy; and Community Affairs; and
       Senator Rodriguez
       
       
       
       
       594-04316-23                                           2023950c2
    1                        A bill to be entitled                      
    2         An act relating to improvements to real property;
    3         amending s. 163.08, F.S.; revising legislative
    4         findings and intent; defining terms and revising
    5         definitions; authorizing a residential or commercial
    6         property owner to apply to a qualifying improvement
    7         program for funding to finance an improvement and to
    8         enter into a financing agreement with the local
    9         government; providing that a non-ad valorem assessment
   10         on certain commercial property is subject to a certain
   11         fee; specifying requirements of a financing agreement
   12         for government commercial property; authorizing a
   13         local government to incur debt for the purpose of
   14         providing financing for qualifying improvements;
   15         authorizing a local government to enter into a
   16         financing agreement to finance or refinance a
   17         qualifying improvement; providing that, for government
   18         commercial property, the financing agreement must meet
   19         specified conditions; revising and specifying public
   20         recording requirements for assessment financing
   21         agreements and notices of lien; providing that a
   22         financing agreement for a residential property may not
   23         be approved unless certain conditions are met;
   24         providing that a financing agreement for a commercial
   25         property may not be approved unless the local
   26         government, or the program administrator acting on its
   27         behalf, reasonably determines that that specified
   28         conditions have been met; authorizing certain
   29         determinations, considerations, and confirmations by
   30         the local government or program administrator, as
   31         applicable, regarding the owner’s ability to pay;
   32         authorizing the local government or program
   33         administrator to consider certain statements by the
   34         property owner regarding his or her income, but
   35         requiring additional confirmation; authorizing a
   36         reduction in the annual assessment payment under
   37         certain circumstances; providing construction;
   38         specifying certain requirements for a local government
   39         or program administrator that offers a qualifying
   40         improvement program for residential properties;
   41         authorizing a residential real property owner, under
   42         certain circumstances and within a certain timeframe,
   43         to cancel a financing agreement without financial
   44         penalty; providing that certain contracts are
   45         unenforceable and prohibiting a qualifying improvement
   46         contractor from initiating work under such contracts;
   47         specifying certain requirements if a qualifying
   48         improvement contractor initiates work on a residential
   49         property under an unenforceable agreement; providing a
   50         procedure that must be followed if a qualifying
   51         improvement contractor has delivered chattel or
   52         fixtures to a residential property pursuant to an
   53         unenforceable contract; providing that a residential
   54         property owner may retain such chattel or fixtures in
   55         a certain circumstance; providing that an
   56         unenforceable contract is enforceable under certain
   57         circumstances; providing that a financing agreement
   58         may be executed for qualifying improvements in the
   59         construction of a commercial property before a
   60         certificate of occupancy or similar evidence of
   61         substantial completion of new construction or
   62         improvement is issued; authorizing specified payments
   63         for commercial properties under certain circumstances;
   64         providing that a financing agreement with a commercial
   65         property owner may cover wind-resistance improvements
   66         in certain buildings or facilities; prohibiting wind
   67         resistance improvements in certain buildings or
   68         facilities between a local government and a
   69         residential property owner; authorizing execution of
   70         an assessment financing agreement before a certificate
   71         of occupancy or certain evidence is issued;
   72         authorizing progress payments before completion of a
   73         qualifying improvement on a commercial property if the
   74         property owner provides certain information;
   75         authorizing an assessment financing agreement to cover
   76         certain qualifying improvements; requiring certain
   77         work to be performed by properly certified or
   78         registered contractors; revising the calculation of
   79         non-ad valorem assessment limits; providing
   80         construction; requiring the local government or
   81         program administrator to be in receipt of the written
   82         consent of the holders or loan servicers of certain
   83         mortgages at a specified time; requiring the property
   84         owner to provide written notice within a specified
   85         timeframe to the holders or loan servicers of any
   86         existing mortgages; revising the seller’s disclosure
   87         statement for residential and commercial properties
   88         offered for sale; prohibiting certain items in a
   89         financing agreement for residential property;
   90         prohibiting a local government or program
   91         administrator from enrolling a qualifying improvement
   92         contractor that contracts with residential property
   93         owners to install qualifying improvements; providing
   94         exceptions; prohibiting a program administrator from
   95         being enrolled as a qualifying improvement contractor;
   96         requiring the local government or program
   97         administrator to confirm certain information before
   98         disbursing funds financed under a residential program
   99         to a qualifying improvement contractor; prohibiting a
  100         local government or program administrator from
  101         disclosing maximum financing amounts to certain
  102         persons; requiring that, in communicating with
  103         residential property owners, the local government or
  104         program administrator comply with certain marketing
  105         and communications guidelines and prohibiting such
  106         entities from certain communication; prohibiting a
  107         qualifying improvement contractor from advertising the
  108         availability of assessment financing agreements;
  109         providing exceptions; prohibiting a local government
  110         or program administrator from providing certain
  111         payments, fees, or kickbacks; authorizing a local
  112         government or program administrator to provide
  113         information or services to a qualifying improvement
  114         contractor to facilitate certain installations;
  115         authorizing a local government or program
  116         administrator to reimburse a qualifying improvement
  117         contractor or third party for certain expenses;
  118         prohibiting a local government or program
  119         administrator from providing certain information to a
  120         qualifying improvement contractor; prohibiting a
  121         qualifying improvement contractor from providing
  122         certain prices for a qualifying improvement;
  123         prohibiting a local government or program
  124         administrator from providing cash payment or anything
  125         of material value to a residential property owner
  126         explicitly on certain conditions; authorizing a local
  127         government or program administrator to offer certain
  128         programs or promotions; requiring each local
  129         government and program administrator to develop and
  130         implement certain policies and procedures; requiring a
  131         local government that has authorized a residential
  132         program to post on its website a certain report;
  133         specifying the requirements for such report; providing
  134         applicability and construction; providing an effective
  135         date.
  136          
  137  Be It Enacted by the Legislature of the State of Florida:
  138  
  139         Section 1. Section 163.08, Florida Statutes, is amended to
  140  read:
  141         163.08 Supplemental authority for improvements to real
  142  property.—
  143         (1)(a) In chapter 2008-227, Laws of Florida, the
  144  Legislature amended the energy goal of the state comprehensive
  145  plan to provide, in part, that the state shall reduce its energy
  146  requirements through enhanced conservation and efficiency
  147  measures in all end-use sectors and reduce atmospheric carbon
  148  dioxide by promoting an increased use of renewable energy
  149  resources. That act also declared it the public policy of the
  150  state to play a leading role in developing and instituting
  151  energy management programs that promote energy conservation,
  152  energy security, and the reduction of greenhouse gases. In
  153  addition to establishing policies to promote the use of
  154  renewable energy, the Legislature provided for a schedule of
  155  increases in energy performance of buildings subject to the
  156  Florida Energy Efficiency Code for Building Construction. In
  157  chapter 2008-191, Laws of Florida, the Legislature adopted new
  158  energy conservation and greenhouse gas reduction comprehensive
  159  planning requirements for local governments. In the 2008 general
  160  election, the voters of this state approved a constitutional
  161  amendment authorizing the Legislature, by general law, to
  162  prohibit consideration of any change or improvement made for the
  163  purpose of improving a property’s resistance to wind damage or
  164  the installation of a renewable energy source device in the
  165  determination of the assessed value of residential real
  166  property.
  167         (b) The Legislature finds that all energy-consuming
  168  improved properties that are not using energy conservation
  169  strategies contribute to the burden affecting all improved
  170  property resulting from fossil fuel energy production. Improved
  171  property that has been retrofitted with energy-related
  172  qualifying improvements receives the special benefit of
  173  alleviating the property’s burden from energy consumption. All
  174  improved properties not protected from wind damage by wind
  175  resistance qualifying improvements contribute to the burden
  176  affecting all improved property resulting from potential wind
  177  damage. Improved commercial property constructed or that has
  178  been retrofitted with resiliency qualifying improvements and
  179  improved residential property retrofitted with wind resistance
  180  qualifying improvements receive receives the special benefit of
  181  reducing the property’s burden from potential wind damage.
  182  Further, the installation and operation of qualifying
  183  improvements not only benefit the affected properties for which
  184  the improvements are made, but also assist in fulfilling the
  185  goals of the state’s energy and hurricane mitigation policies.
  186  Residential properties that do not use advanced technologies for
  187  wastewater removal contribute to the water quality problems
  188  affecting this state, particularly in coastal areas. Improved
  189  residential property that has been retrofitted with an advanced
  190  onsite sewage treatment and disposal system or has been
  191  converted to central sewerage significantly benefits the quality
  192  of water that may enter streams, lakes, rivers, aquifers, or
  193  coastal areas.
  194         (c) In order to make qualifying improvements more
  195  affordable and assist property owners who wish to undertake such
  196  improvements, the Legislature finds that there is a compelling
  197  state interest in enabling property owners to voluntarily
  198  finance such improvements with local government assistance.
  199         (d)(c) The Legislature determines that the actions
  200  authorized under this section, including, but not limited to,
  201  the financing of qualifying improvements through the execution
  202  of financing agreements and the related imposition of voluntary
  203  assessments are reasonable and necessary to serve and achieve a
  204  compelling state interest and are necessary for the prosperity
  205  and welfare of the state and its property owners and
  206  inhabitants.
  207         (2) As used in this section, the term:
  208         (a) “Commercial property” means real property not defined
  209  as residential property which will be, or has been, improved by
  210  a qualifying improvement, including, but not limited to, the
  211  following:
  212         1. A multifamily residential property composed of five or
  213  more dwelling units;
  214         2. A commercial real property;
  215         3. An industrial building or property;
  216         4. An agricultural property;
  217         5. A nonprofit-owned property;
  218         6. A long-term care facility, including a nursing home or
  219  an assisted living facility; or
  220         7. A government commercial property.
  221         (b) “Facility” means any portion of a building, structure,
  222  or site improvement located on a site as defined in s. 202 of
  223  the 2020 Florida Building Code.
  224         (c)“Government commercial property” means real property
  225  owned by a local government and leased to a nongovernmental
  226  lessee where the usage by the lessee meets the definition of
  227  commercial property.
  228         (d)(a) “Local government” means a county, a municipality, a
  229  dependent special district as defined in s. 189.012, or a
  230  separate legal entity created pursuant to s. 163.01(7).
  231         (e) “Nongovernmental lessee” means a person or an entity
  232  other than a local government which leases government commercial
  233  property.
  234         (f)“Program administrator” means an entity, including, but
  235  not limited to, a for-profit or not-for-profit entity, with
  236  which a local government has contracted to administer a
  237  qualifying improvement program.
  238         (g)“Qualifying improvement contractor” means an
  239  independent contractor who has been enrolled under a qualifying
  240  improvement program to install or otherwise perform work on
  241  qualifying improvements financed through the program.
  242         (h)“Qualifying improvement program” means a program
  243  established by a local government, alone or in partnership with
  244  other local governments or a program administrator, to finance
  245  qualifying improvements on residential or commercial real
  246  property.
  247         (i)(b) “Qualifying improvements”: improvement”
  248         1.For residential property, includes any:
  249         a.1. Energy conservation and efficiency improvement, which
  250  is a measure to reduce consumption through conservation or a
  251  more efficient use of electricity, natural gas, propane, or
  252  other forms of energy on the property, including, but not
  253  limited to, air sealing; installation of insulation;
  254  installation of energy-efficient heating, cooling, or
  255  ventilation systems; building modifications to increase the use
  256  of daylight; replacement of windows; installation of energy
  257  controls or energy recovery systems; installation of electric
  258  vehicle charging equipment; and installation of efficient
  259  lighting equipment.
  260         b.2. Renewable energy improvement, which is the
  261  installation of any system in which the electrical, mechanical,
  262  or thermal energy is produced from a method that uses one or
  263  more of the following fuels or energy sources: hydrogen, solar
  264  energy, geothermal energy, bioenergy, and wind energy.
  265         c.3. Wind resistance improvement, which includes, but is
  266  not limited to:
  267         (I)a. Improving the strength of the roof deck attachment;
  268         (II)b. Creating a secondary water barrier to prevent water
  269  intrusion;
  270         (III)c. Installing wind-resistant shingles;
  271         (IV)d. Installing gable-end bracing;
  272         (V)e. Reinforcing roof-to-wall connections;
  273         (VI)f. Installing storm shutters; or
  274         (VII)g. Installing opening protections.
  275         d. Wastewater improvement, which includes, but is not
  276  limited to:
  277         (I)Removing, replacing, or improving an onsite sewage
  278  treatment and disposal system with a secondary or advanced
  279  onsite sewage treatment and disposal system or technology;
  280         (II)Replacing or converting an onsite sewage treatment and
  281  disposal system to a central sewerage system or distributed
  282  sewerage system, including, but not limited to, installing a
  283  sewer lateral and anything necessary to connect the onsite
  284  sewage treatment and disposal system or the building’s plumbing
  285  to a central sewerage system or distributed sewerage system; or
  286         (III) Any removal, repairs, or modifications made to an
  287  onsite sewage treatment and disposal system, including any
  288  repair, modification, or replacement of a system required under
  289  a local ordinance enacted pursuant to ss. 381.0065 and
  290  381.00651.
  291         e. Flood and water damage mitigation and resiliency
  292  improvement, which includes, but is not limited to, projects and
  293  installation for:
  294         (I)Raising a structure above the base flood elevation to
  295  reduce flood damage;
  296         (II)A flood diversion apparatus or seawall improvement,
  297  which includes seawall repairs and seawall replacements;
  298         (III) Flood-damage-resistant building materials;
  299         (IV) Electrical, mechanical, plumbing, or other system
  300  improvements that reduce flood damage; or
  301         (V) Other improvements that qualify for reductions in flood
  302  insurance premiums.
  303         2. For commercial property, includes any:
  304         a. Energy conservation and efficiency improvement, which is
  305  a measure to reduce consumption through conservation or a more
  306  efficient use of electricity, natural gas, propane, or other
  307  forms of energy on the property, including, but not limited to,
  308  air sealing; installation of insulation; installation of energy
  309  efficient heating, cooling, or ventilation systems; building
  310  modifications to increase the use of daylight; replacement of
  311  windows; installation of energy controls or energy recovery
  312  systems; installation of electric vehicle charging equipment;
  313  installation of efficient lighting equipment; or any other
  314  improvements necessary to achieve a sustainable building rating
  315  or compliance with a national model green building code.
  316         b. Renewable energy improvement, which is the installation
  317  of any system in which the electrical, mechanical, or thermal
  318  energy is produced from a method that uses one or more of the
  319  following fuels or energy sources: hydrogen, solar energy,
  320  geothermal energy, bioenergy, or wind energy.
  321         c. Resiliency improvement, which includes, but is not
  322  limited to:
  323         (I)Improving the strength of the roof deck attachment;
  324         (II)Creating a secondary water barrier to prevent water
  325  intrusion;
  326         (III)Installing wind-resistant shingles;
  327         (IV)Installing gable-end bracing;
  328         (V)Reinforcing roof-to-wall connections;
  329         (VI)Installing storm shutters;
  330         (VII)Installing opening protections;
  331         (VIII)Creating or improving stormwater and flood
  332  resiliency, including shoreline improvements; or
  333         (IX)Making any other improvements necessary to achieve a
  334  sustainable building rating or compliance with a national model
  335  resiliency standard and any improvements to a structure to
  336  achieve wind or flood insurance rate reductions, including
  337  building elevation.
  338         (j)“Residential property” means a residential real
  339  property composed of four or fewer dwelling units which has been
  340  or will be improved by a qualifying improvement.
  341         (3) A local government may levy non-ad valorem assessments
  342  to fund qualifying improvements.
  343         (4) Subject to local government ordinance or resolution, a
  344  residential or commercial property owner may apply to the
  345  qualifying improvement program local government for funding to
  346  finance a qualifying improvement and enter into a financing
  347  agreement with the local government. Costs incurred by the local
  348  government for such purpose may be collected as a non-ad valorem
  349  assessment. A non-ad valorem assessment must shall be collected
  350  pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a),
  351  is shall not be subject to discount for early payment. However,
  352  the notice and adoption requirements of s. 197.3632(4) do not
  353  apply if this section is used and complied with, and the intent
  354  resolution, publication of notice, and mailed notices to the
  355  property appraiser, tax collector, and Department of Revenue
  356  required by s. 197.3632(3)(a) may be provided on or before
  357  August 15 in conjunction with any non-ad valorem assessment
  358  authorized by this section, if the property appraiser, tax
  359  collector, and local government agree.
  360         (5) Pursuant to this section or as otherwise provided by
  361  law or pursuant to a local government’s home rule power, a local
  362  government may enter into a partnership with one or more local
  363  governments for the purpose of providing and financing
  364  qualifying improvements.
  365         (6) A qualifying improvement program may be administered by
  366  a for-profit entity or a not-for-profit organization on behalf
  367  of and at the discretion of the local government.
  368         (7) A local government may incur debt for the purpose of
  369  providing financing for qualifying such improvements, which debt
  370  is payable from revenues received from the improved property, or
  371  any other available revenue source authorized by law.
  372         (8)(a) A local government may enter into a financing
  373  agreement to finance or refinance a qualifying improvement only
  374  with the record owner of the affected property. For government
  375  commercial property, the financing agreement must be executed by
  376  the nongovernmental lessee with the written consent of the
  377  governmental lessor. Evidence of such consent must be provided
  378  to the local government. The financing agreement with the
  379  nongovernmental lessee must provide that the nongovernmental
  380  lessee is the only party obligated to pay the assessment.
  381         (b) Any financing agreement entered into pursuant to this
  382  section or a summary memorandum of such agreement must shall be
  383  submitted for recording recorded in the public records of the
  384  county within which the property is located by the sponsoring
  385  unit of local government within 10 5 days after execution of the
  386  agreement. The recorded agreement provides shall provide
  387  constructive notice that the non-ad valorem assessment to be
  388  levied on the property constitutes a lien of equal dignity to
  389  county taxes and assessments from the date of recordation. A
  390  notice of lien for the full amount of the financing may be
  391  recorded in the public records of the county where the property
  392  is located. Such lien is not enforceable in a manner that
  393  results in the acceleration of the remaining nondelinquent
  394  unpaid balance under the assessment financing agreement.
  395         (9)(a)Before entering into A financing agreement for a
  396  residential property may not be approved unless, the local
  397  government, or the program administrator acting on its behalf,
  398  has shall reasonably determined determine that all of the
  399  following conditions have been met:
  400         1. All property taxes and any other assessments levied on
  401  the same bill as property taxes are current paid and have not
  402  been delinquent for the preceding 3 years or the property
  403  owner’s period of ownership, whichever is less.; that
  404         2. There are no involuntary liens, including, but not
  405  limited to, construction liens on the property.; that
  406         3.There are no notices of default or other evidence of
  407  property-based debt delinquency which have been recorded during
  408  the preceding 3 years or the property owner’s period of
  409  ownership, whichever is less.; and that
  410         4. The property owner is current on all mortgage debt on
  411  the property.
  412         5.The property owner has acknowledged in writing the
  413  disclosure statements required by paragraph (11)(b).
  414         6.The property is within the geographic boundaries of the
  415  applicable qualifying improvement program.
  416         7. The term of the financing agreement does not exceed:
  417         a.For a single qualifying improvement, the estimated
  418  useful life of the qualifying improvement.
  419         b.For multiple qualifying improvements, the lesser of:
  420         (I) Thirty years; or
  421         (II) The greater of either the weighted average estimated
  422  useful life of all qualifying improvements being financed or the
  423  estimated useful life of the qualifying improvements to which
  424  the greatest portion of funds is disbursed. The local government
  425  or program administrator, as applicable, shall determine the
  426  useful life of a qualifying improvement using established third
  427  party standards, including certification criteria from
  428  government agencies or nationally recognized standards and
  429  testing organizations.
  430         8. The property owner is not currently the subject to
  431  bankruptcy proceedings.
  432         9.The property is not subject to an existing home equity
  433  conversion mortgage or reverse mortgage product.
  434         10.The property is not a residential property gifted to a
  435  homeowner for free by a nonprofit entity as may be disclosed by
  436  the property owner. The failure of a property owner to disclose
  437  the gift does not invalidate a financing agreement or any
  438  obligation thereunder.
  439         11.The property owner has obtained estimates from at least
  440  two unaffiliated, competitive entities, one of which is a
  441  qualifying improvement contractor, for the qualifying
  442  improvement to be financed.
  443         12.The local government or program administrator, as
  444  applicable, has asked if the property owner has obtained or
  445  sought to obtain additional qualifying improvements on the same
  446  property which have not yet been recorded. The failure of a
  447  property owner to disclose such information does not invalidate
  448  a financing agreement or any obligation thereunder, even if the
  449  total financed amount of the qualifying improvement exceeds the
  450  amount that would otherwise be authorized under paragraph
  451  (15)(a). The existence of a prior qualifying improvement non-ad
  452  valorem assessment or a prior financing agreement is not
  453  evidence that the financing agreement under consideration is
  454  affordable or meets other program requirements.
  455         (b)A financing agreement for a commercial property may not
  456  be approved unless the local government, or the program
  457  administrator acting on its behalf, has reasonably determined
  458  that all of the following conditions have been met:
  459         1.All property taxes and any other assessments levied on
  460  the same bill as property taxes are current.
  461         2.There are no involuntary liens greater than $10,000,
  462  including, but not limited to, construction liens, on the
  463  property.
  464         3.No notices of default or other evidence of property
  465  based debt delinquency have been recorded and not released
  466  during the preceding 3 years or the property owner’s period of
  467  ownership, whichever is less.
  468         4.The property owner is current on all mortgage debt on
  469  the property.
  470         (10) In addition to obtaining the information in subsection
  471  (9)(a), and before a local government or program administrator,
  472  as applicable, approves a qualifying improvement on residential
  473  property, the local government or program administrator must use
  474  information contained in the property owner’s application,
  475  reasonably reliable third-party records, or an automated
  476  verification system to reasonably determine whether the property
  477  owner has the ability to pay the annual non-ad valorem
  478  assessment for the qualifying improvement. The local government
  479  or program administrator, as applicable, must review the
  480  property owner’s household income. To do so, the program
  481  administrator shall, at a minimum, use the underwriting
  482  requirements in subsection (9), confirm that the property owner
  483  is not in bankruptcy, and determine that the total estimated
  484  annual payment amount for all financing agreements funded under
  485  this section on the property does not exceed 10 percent of the
  486  property owner’s annual household income. In reviewing the
  487  property owner’s ability to pay, the local government or program
  488  administrator, as applicable, when determining the household
  489  income:
  490         (a)May include the income of any nonproperty owners who
  491  reside on the property.
  492         (b)May not consider the equity in the property which will
  493  secure the non-ad valorem assessment.
  494         (c)May confirm income by use of any of the following:
  495         1.Information or income models gathered from and prepared
  496  by reputable third parties which provide reasonably reliable
  497  evidence of the property owner’s household income.
  498         2.Federal and state tax returns.
  499         3.Statements prepared by a certified public accountant.
  500         4.Bank statements.
  501         5.Credit reports.
  502         6.Retirement accounts.
  503         7.Social security statements.
  504         8.Trust documents.
  505         9.Any other reputable sources of financial information.
  506  
  507  The local government or program administrator may consider
  508  statements by the property owner regarding the property owner’s
  509  income, but income may not be confirmed solely by a property
  510  owner’s statements.
  511         (d)In the event that a court or tribunal determines, by
  512  clear and convincing evidence, that the program administrator’s
  513  determination of the property owner’s ability to pay was not
  514  objectively reasonable based on the information provided by the
  515  property owner, the yearly assessment payment must be reduced by
  516  an amount that is within the property owner’s ability to pay.
  517  This paragraph does not require or authorize the administrator
  518  to reduce the amount owed on the assessment.
  519         (e)The failure of a property owner to disclose information
  520  specified in subsection (9) does not invalidate a financing
  521  agreement or any obligation thereunder, even if the total
  522  estimated annual payment amount exceeds the amount that would
  523  otherwise be authorized under this subsection.
  524         (11)Each local government or program administrator that
  525  offers a qualifying improvement program for residential
  526  properties shall:
  527         (a) Develop a written disclosure form, which may be
  528  presented in electronic format, which must be provided to a
  529  residential property owner before he or she executes the
  530  financing agreement, and which contains the key terms of the
  531  agreement, including:
  532         1. A description of the qualifying improvement;
  533         2. The estimated total financed amount, including the cost
  534  of the qualifying improvement, ancillary work, program fees, and
  535  prepaid interest, if any;
  536         3. The annual non-ad valorem assessment process and
  537  estimated yearly payment schedule;
  538         4. The estimated amount of the annual non-ad valorem
  539  assessment;
  540         5. The term of the total financed amount;
  541         6. The interest rate for the financed amount;
  542         7. The estimated annual percentage rate;
  543         8. The total estimated annual costs that the residential
  544  property owner will be required to pay under the assessment
  545  contract, including program fees;
  546         9. The total estimated average monthly equivalent amount of
  547  funds that the residential property owner would have to save in
  548  order to pay the annual costs of the non-ad valorem assessment,
  549  including program fees; and
  550         10. The estimated due date of the residential property
  551  owner’s first property tax payment that includes the non-ad
  552  valorem assessment.
  553         (b) Include the following statements verbatim and in the
  554  following order in the written disclosure form, each of which
  555  must be individually acknowledged in writing by the property
  556  owner:
  557         1. I UNDERSTAND THAT IF I SELL OR REFINANCE THE PROPERTY, I
  558  MAY BE REQUIRED TO PAY OFF THE OUTSTANDING FINANCED AMOUNT AS A
  559  CONDITION OF THE SALE OR THE REFINANCE OF THE PROPERTY. The
  560  previous statement must be made in at least 24–point boldfaced
  561  type.
  562         2.I understand that the annual non-ad valorem assessment
  563  will be paid when property taxes are paid and will result in a
  564  lien being placed on my property.
  565         3. I understand that the annual non-ad valorem assessment
  566  will be added to my property tax bill and that if I pay my
  567  property taxes through my mortgage payment using an escrow
  568  account, I must notify my mortgage lender.
  569         4. I understand that if I fail to pay the annual non-ad
  570  valorem assessment, I may incur penalties and fees and the local
  571  government could issue a tax certificate that might result in
  572  the loss of my property.
  573         5. I understand that any potential utility or insurance
  574  savings are not guaranteed and will not reduce the annual non-ad
  575  valorem assessment or total assessment amount.
  576         6. I understand that I have 5 days to cancel the financing
  577  agreement. The 5-day right expires at midnight on the 5th
  578  business day after I sign the agreement.
  579         7. I understand that the local government, program
  580  administrator, or qualifying improvement contractor does not
  581  provide tax advice and that I should seek professional tax
  582  advice if I have questions regarding tax credits, tax
  583  deductibility, or other tax impacts of the qualifying
  584  improvement or the assessment contract.
  585         8. I understand that I cannot be assessed a penalty if I
  586  prepay the outstanding financed amount.
  587         (c) Provide a printed or electronic cancellation form to
  588  the residential property owner no later than the date that the
  589  property owner signs the financing agreement, which allows the
  590  property owner to cancel the contract within the 5-day period
  591  specified in subparagraph (b)6.
  592         (d) Before a notice to proceed is issued, conduct, with at
  593  least one residential property owner or an individual who is not
  594  affiliated or associated with the local government, program
  595  administrator, or qualifying improvement contractor and who is
  596  legally authorized to act on behalf of the property owner, an
  597  oral, recorded telephone call, during which the local government
  598  or program administrator must use plain language. The local
  599  government or program administrator, as applicable, shall ask
  600  the residential property owner or authorized representative if
  601  he or she would like to communicate primarily in a language
  602  other than English. A local government or program administrator,
  603  as applicable, may not leave a voicemail for the residential
  604  property owner or authorized representative to satisfy this
  605  requirement. A local government or program administrator, as
  606  applicable, as part of this telephone call, must confirm with
  607  the residential property owner or authorized representative:
  608         1. That at least one residential property owner has access
  609  to a copy of the financing agreement and financing estimates and
  610  disclosures.
  611         2. The qualifying improvement that is being financed.
  612         3. The total estimated annual costs that the residential
  613  property owner will have to pay under the financing agreement,
  614  including program fees.
  615         4. The total estimated average monthly equivalent amount of
  616  funds that the residential property owner would have to save in
  617  order to pay the annual costs of the non-ad valorem assessment,
  618  including program fees.
  619         5. The estimated due date of the residential property
  620  owner’s first property tax payment that includes the non-ad
  621  valorem assessment.
  622         6. The term of the financing agreement.
  623         7. That payments for the financing agreement will cause the
  624  residential property owner’s annual tax bill to increase and
  625  that payments will be made through an additional annual non-ad
  626  valorem assessment on the property and will be paid either
  627  directly to the county tax collector’s office as part of the
  628  total annual secured property tax bill or may be paid through
  629  the residential property owner’s mortgage escrow account.
  630         8. That the qualifying residential property owner has
  631  disclosed whether the property has received or is seeking
  632  additional non-ad valorem assessments and has disclosed all
  633  other assessments or special taxes that are or are projected to
  634  be placed on the property.
  635         9. That the property will be subject to a lien during the
  636  term of the financing agreement and that the obligations under
  637  the agreement may be required to be paid in full before the
  638  residential property owner sells or refinances the property.
  639         10.That any potential utility or insurance savings are not
  640  guaranteed and will not reduce the annual non-ad valorem
  641  assessment or total assessment amount.
  642         11. That the local government, program administrator, or
  643  qualifying improvement contractor does not provide tax advice
  644  and that the residential property owner should seek professional
  645  tax advice if he or she has questions regarding tax credits, tax
  646  deductibility, or other tax impacts of the qualifying
  647  improvement or the financing agreement.
  648         (12)(a)A residential property owner may cancel a financing
  649  agreement within 5 business days after signing the financing
  650  agreement without being assessed a financial penalty by the
  651  local government or program administrator, as applicable.
  652         (b)A contract to sell or install a qualifying improvement
  653  that is related to an application for financing in a qualifying
  654  improvement program for a residential property is unenforceable,
  655  and a qualifying improvement contractor may not begin work under
  656  such a contract, if the property owner applied for, accepted,
  657  and canceled a qualifying improvement financing agreement within
  658  the 5-business-day right-to-cancel period set forth in paragraph
  659  (a).
  660         (c)If a qualifying improvement contractor has initiated
  661  work on a residential property under a contract deemed
  662  unenforceable under this subsection, the qualifying improvement
  663  contractor:
  664         1.May not receive compensation for that work under the
  665  financing agreement.
  666         2.Must restore the property to its original condition at
  667  no cost to the property owner.
  668         3.Must immediately return any money, property, and other
  669  consideration given by the property owner. If the property owner
  670  provided any property and the qualifying improvement contractor
  671  does not or cannot return it, the qualifying improvement
  672  contractor must immediately return the fair market value of the
  673  property or its value as designated in the contract, whichever
  674  is greater.
  675         (d)If the qualifying improvement contractor has delivered
  676  chattel or fixtures to the residential property pursuant to a
  677  contract deemed unenforceable under this subsection, the
  678  qualifying improvement contractor has 90 days after the date on
  679  which the contract was executed to retrieve the chattel or
  680  fixtures, provided that:
  681         1.The qualifying improvement contractor has fulfilled the
  682  requirements of subparagraphs (c)2. and 3.
  683         2.The chattel and fixtures can be removed at the
  684  qualifying improvement contractor’s expense without damaging the
  685  property owner’s property.
  686         (e)If a qualifying improvement contractor fails to comply
  687  with this subsection, the residential property owner may retain
  688  any chattel or fixtures provided pursuant to a contract deemed
  689  unenforceable under this subsection.
  690         (f)A contract that is otherwise unenforceable under this
  691  subsection remains enforceable if the residential property owner
  692  waives his or her right to cancel the contract or cancels the
  693  financing agreement under paragraph (b) but allows the
  694  qualifying improvement contractor to proceed with the
  695  installation of the qualifying improvement.
  696         (13)To constitute an improvement to a building or
  697  facility, a qualifying improvement must shall be affixed to a
  698  building or facility that is part of the property and shall
  699  constitute an improvement to the building or facility or a
  700  fixture attached to the building or facility.
  701         (a)A financing an agreement between a local government and
  702  a residential qualifying property owner may not cover wind
  703  resistance improvements in buildings or facilities under new
  704  construction or construction for which a certificate of
  705  occupancy or similar evidence of substantial completion of new
  706  construction or improvement has not been issued.
  707         (b)A financing agreement may be executed for qualifying
  708  improvements in the construction of a commercial property before
  709  a certificate of occupancy or similar evidence of substantial
  710  completion of new construction or improvement is issued.
  711  Progress payments, or payments made before completion, are
  712  allowed for commercial properties, provided that the property
  713  owner subsequently provides, upon request for a final progress
  714  payment disbursement, written verification to the local
  715  government confirming that the qualifying improvements are
  716  completed and operating as intended. A financing agreement with
  717  a commercial property owner may cover wind-resistance
  718  improvements in buildings or facilities under new construction
  719  or construction for which a certificate of occupancy or similar
  720  evidence of substantial completion of new construction or
  721  improvement has not been issued.
  722         (14)(11) Any work requiring a license under any applicable
  723  law to make a qualifying improvement must shall be performed by
  724  a contractor properly certified or registered pursuant to part I
  725  or part II of chapter 489.
  726         (15)(12)(a) Without the consent of the holders or loan
  727  servicers of any mortgage encumbering or otherwise secured by
  728  the residential property:,
  729         1. The total amount of any non-ad valorem assessment for a
  730  residential property under this section may not exceed 20
  731  percent of the fair market just value of the property as
  732  determined by the county property appraiser.
  733         2.The combined mortgage-related debt and total amount of
  734  any non-ad valorem assessments funded under this section for
  735  residential property may not exceed 97 percent of the fair
  736  market value of the residential property.
  737  
  738  The failure of a property owner to disclose information set
  739  forth in paragraph (9)(a) does not invalidate a financing
  740  agreement or any obligation thereunder, even if the total
  741  financed amount of the qualifying improvements exceeds the
  742  amount that would otherwise be authorized under this paragraph.
  743  For purposes of this paragraph, fair market value may be
  744  determined using third party valuations based on reputable
  745  methodologies.
  746         (b) Before entering into a financing agreement with the
  747  owner of a commercial property, the local government or program
  748  administrator, as applicable, must be in receipt of the written
  749  consent of the current holders or loan servicers of any mortgage
  750  that encumbers or is otherwise secured by the property or that
  751  will otherwise be secured by the property at the time the
  752  financing agreement is executed by the local government or
  753  program administrator Notwithstanding paragraph (a), a non-ad
  754  valorem assessment for a qualifying improvement defined in
  755  subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported
  756  by an energy audit is not subject to the limits in this
  757  subsection if the audit demonstrates that the annual energy
  758  savings from the qualified improvement equals or exceeds the
  759  annual repayment amount of the non-ad valorem assessment.
  760         (16)(13) At least 30 days before entering into a financing
  761  agreement, the property owner shall provide to the holders or
  762  loan servicers of any existing mortgages encumbering or
  763  otherwise secured by the property a written notice of the
  764  owner’s intent to enter into a financing agreement together with
  765  the maximum principal amount to be financed and the maximum
  766  annual assessment necessary to repay that amount. A verified
  767  copy or other proof of such notice must shall be provided to the
  768  local government or program administrator, as applicable. A
  769  provision in any agreement between a mortgagee or other
  770  lienholder and a property owner, or otherwise now or hereafter
  771  binding upon a property owner, which allows for acceleration of
  772  payment of the mortgage, note, or lien or other unilateral
  773  modification solely as a result of entering into a financing
  774  agreement as provided for in this section is not enforceable.
  775  This subsection does not limit the authority of the holder or
  776  loan servicer to increase the required monthly escrow by an
  777  amount necessary to annually pay the annual qualifying
  778  improvement assessment.
  779         (17)(14) At or before the time a seller purchaser executes
  780  a contract for the sale and purchase of any property for which a
  781  non-ad valorem assessment has been levied under this section and
  782  has an unpaid balance due, the seller must shall give the
  783  prospective purchaser a written disclosure statement in either
  784  of the following forms form, which must shall be set forth in
  785  the contract or in a separate writing.
  786         (a)For a residential property:
  787  
  788         QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
  789         RENEWABLE ENERGY, ADVANCED TECHNOLOGIES FOR WASTEWATER
  790         REMOVAL, OR WIND RESISTANCE.—The property being
  791         purchased is located within the jurisdiction of a
  792         local government that has placed an assessment on the
  793         property pursuant to s. 163.08, Florida Statutes. The
  794         assessment is for a qualifying improvement to the
  795         property relating to energy efficiency, renewable
  796         energy, advanced technologies for wastewater removal,
  797         or wind resistance, and is not based on the value of
  798         property. You are encouraged to contact the county
  799         property appraiser’s office to learn more about this
  800         and other assessments that may be provided by law.
  801  
  802         (b)For a commercial property:
  803  
  804         QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
  805         RENEWABLE ENERGY, OR RESILIENCY.—The property being
  806         purchased is located within the jurisdiction of a
  807         local government that has placed an assessment on the
  808         property pursuant to s. 163.08, Florida Statutes. The
  809         assessment is for a qualifying improvement to the
  810         property relating to energy efficiency, renewable
  811         energy, or resiliency, and is not based on the value
  812         of property. You are encouraged to contact the county
  813         property appraiser’s office to learn more about this
  814         and other assessments that may be provided by law.
  815  
  816         (18)A financing agreement authorized under this section on
  817  residential property may not include any of the following:
  818         (a)A negative amortization schedule. Capitalized interest
  819  included in the original balance of the financing agreement does
  820  not constitute negative amortization.
  821         (b)A balloon payment.
  822         (c)Prepayment fees, other than nominal administrative
  823  costs.
  824         (19)For residential property, a local government or
  825  program administrator:
  826         (a)May not enroll a qualifying improvement contractor who
  827  contracts with residential property owners to install qualifying
  828  improvements unless:
  829         1.The local government or program administrator, as
  830  applicable, determines that the qualifying improvement
  831  contractor maintains in good standing an appropriate license
  832  from the state, if applicable, as well as any other permits,
  833  licenses, or registrations required for engaging in its business
  834  in the jurisdiction in which it operates and maintains all
  835  state-required bond and insurance coverage.
  836         2.The local government or program administrator, as
  837  applicable, obtains the qualifying improvement contractor’s
  838  written agreement that the qualifying improvement contractor
  839  will comply with all applicable laws, including applicable
  840  advertising and marketing laws and regulations and the
  841  requirements of this section.
  842         (b)Must maintain a process to enroll new qualifying
  843  improvement contractors which includes reasonable review of the
  844  following for each contractor:
  845         1.Relevant work or project history.
  846         2.Financial and reputational background checks, including
  847  a criminal background check.
  848         3.The contractor’s status on the Better Business Bureau
  849  platform or other online platform that tracks contractor
  850  reviews.
  851         (c)Must establish and maintain a process for monitoring
  852  qualifying improvement contractors with regard to performance
  853  and compliance with program policies and must implement policies
  854  for suspending, reinstating, and terminating qualifying
  855  improvement contractors based on violations of program policies
  856  or unscrupulous behavior.
  857  
  858  A program administrator, either directly or through an
  859  affiliate, may not be enrolled as a qualifying improvement
  860  contractor.
  861         (20)(a)Before disbursing final funds to a qualifying
  862  improvement contractor for a qualifying improvement on
  863  residential property, the local government or program
  864  administrator, as applicable, must confirm that the applicable
  865  work or service has been completed or that the final permit for
  866  the qualifying improvement has been closed with all permit
  867  requirements satisfied.
  868         (b)A local government or program administrator, as
  869  applicable, may not disclose the maximum financing amount for
  870  which a residential property owner is eligible to a qualifying
  871  improvement contractor or to a third party engaged in soliciting
  872  financing agreements financed pursuant to this section.
  873         (21) When communicating with residential property owners, a
  874  local government or program administrator must comply with the
  875  following marketing and communication guidelines and may not:
  876         (a) Suggest or imply:
  877         1. That a non-ad valorem assessment authorized under this
  878  section is a government assistance program;
  879         2. That qualifying improvements are free or provided at no
  880  cost, or that the financing related to a non-ad valorem
  881  assessment authorized under this section is free or provided at
  882  no cost; or
  883         3. That the financing of a qualifying improvement using the
  884  program authorized pursuant to this section does not require the
  885  property owner to repay the financial obligation.
  886         (b) Make any representation as to the tax deductibility of
  887  a non-ad valorem assessment on residential property. A local
  888  government, program administrator, or qualifying improvement
  889  contractor, or a third party engaged in marketing on behalf of
  890  such entities, may encourage a property owner to seek the advice
  891  of a tax professional regarding tax matters related to
  892  assessments.
  893         (22)(a) A qualifying improvement contractor may not
  894  advertise the availability of financing agreements for, or
  895  solicit property owners on behalf of, the local government or
  896  program administrator unless:
  897         1. The qualifying improvement contractor maintains the
  898  appropriate registration or certification from the Construction
  899  Industry Licensing Board or any other permit, license, or
  900  registration required to conduct business in the jurisdiction in
  901  which it operates, and provides proof of having the required
  902  bond and insurance coverage amounts.
  903         2. The local government or program administrator, as
  904  applicable, obtains the qualifying improvement contractor’s
  905  written agreement that the qualifying improvement contractor or
  906  third party will comply with applicable laws and rules and
  907  qualifying improvement program policies and procedures,
  908  including those on advertising and marketing.
  909         (b) A local government or program administrator may not
  910  provide any payment, fee, or kickback to a qualifying
  911  improvement contractor for referring financing business relating
  912  to a specific financing agreement on a residential property.
  913  However, a local government or program administrator may provide
  914  information or services to a qualifying improvement contractor
  915  to facilitate the installation of a qualifying improvement for a
  916  property owner.
  917         (c) A local government or program administrator may
  918  reimburse a qualifying improvement contractor or third party for
  919  its expenses in advertising and marketing campaigns and
  920  materials.
  921         (d)A local government or program administrator may not
  922  provide to a qualifying improvement contractor any information
  923  that discloses the amount of funds for which a property owner is
  924  eligible for qualifying improvements or the amount of equity in
  925  a property.
  926         (e) For residential properties, a qualifying improvement
  927  contractor may not provide a different price for a qualifying
  928  improvement financed under this section than the price that the
  929  qualifying improvement contractor would otherwise reasonably
  930  provide if the qualifying improvement was not being financed
  931  through an assessment financing agreement.
  932         (f)A local government or program administrator may not
  933  provide any direct cash payment or other thing of material value
  934  to a residential property owner explicitly conditioned upon the
  935  property owner entering into a financing agreement. However, a
  936  local government or program administrator may offer programs or
  937  promotions that provide reduced fees or interest rates if the
  938  reduced fees or interest rates are reflected in the financing
  939  agreements and are not provided to the property owners as cash
  940  consideration.
  941         (23)Each local government and program administrator must
  942  develop and implement policies and procedures for responding to,
  943  tracking, and resolving questions and complaints about its
  944  qualifying improvement program.
  945         (24)Each local government that has authorized a qualifying
  946  improvement program shall post on its website an annual report
  947  for the period ending December 31 each year containing the
  948  following information:
  949         (a)The number of qualifying improvements funded.
  950         (b)The aggregate, average, and median dollar amounts of
  951  annual non-ad valorem assessments and the total number of non-ad
  952  valorem assessments that funded qualifying improvements.
  953         (c)The percentage, number, and dollar value of non-ad
  954  valorem assessments that funded qualifying improvements,
  955  aggregated by the following category types: energy efficiency,
  956  renewable energy, wind resistance, residential property
  957  wastewater, commercial property resiliency, and other commercial
  958  property qualifying improvements.
  959         (d)The number of defaulted non-ad valorem assessments,
  960  including the total number and defaulted amount, the number and
  961  dates of missed payments, the total number of parcels defaulted
  962  and the years in default, and the percentage of defaults by
  963  total assessments.
  964         (e)A summary of all reported complaints received by the
  965  local government and its program administrators related to
  966  authorized qualifying improvements programs, including the
  967  resolution of each complaint.
  968         (f)The estimated number of jobs created.
  969         (g)The number and percentage of homeowners 60 years of age
  970  or older participating in a qualifying improvement program.
  971  
  972  This report must be posted no later than April 1 of the year
  973  following the calendar year covered by the report.
  974         (25)(15) A provision in any agreement between a local
  975  government and a public or private power or energy provider or
  976  other utility provider is not enforceable to limit or prohibit
  977  any local government from exercising its authority under this
  978  section.
  979         (26)(16) This section is additional and supplemental to
  980  county and municipal home rule authority and not in derogation
  981  of such authority or a limitation upon such authority.
  982         (27)This section is prospective only and does not affect
  983  or amend any existing non-ad valorem assessment or any existing
  984  interlocal agreement between local governments.
  985         Section 2. This act shall take effect January 1, 2024.