Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 770
       
       
       
       
       
       
                                Ì673866TÎ673866                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/24/2024           .                                
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       The Committee on Community Affairs (Martin) recommended the
       following:
       
    1         Senate Substitute for Amendment (959872) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 163.08, Florida Statutes, is amended to
    7  read:
    8         (Substantial rewording of section. See
    9         s. 163.08, F.S., for present text.)
   10         163.08 Definitions.—As used in ss. 163.081-163.087, the
   11  term:
   12         (1) “Commercial property” means real property other than
   13  residential property. The term includes, but is not limited to,
   14  a property zoned multifamily residential which is composed of
   15  five or more dwelling units; a long-term care or assisted living
   16  facility; real property owned by a nonprofit; government
   17  commercial property; and real property used for commercial,
   18  industrial, or agricultural purposes.
   19         (2) “Government commercial property” means real property
   20  owned by a local government and leased to a nongovernmental
   21  lessee for commercial use. The term does not include residential
   22  property.
   23         (3) “Nongovernmental lessee” means a person or an entity
   24  other than a local government which leases government commercial
   25  property.
   26         (4) “Program administrator” means a county, a municipality,
   27  a dependent special district as defined in s. 189.012, or a
   28  separate legal entity created pursuant to s. 163.01(7).
   29         (5)“Property owner” means the owner or owners of record of
   30  real property. The term includes real property held in trust for
   31  the benefit of one or more individuals, in which case the
   32  individual or individuals may be considered as the property
   33  owner or owners, provided that the trustee provides written
   34  consent. The term does not include persons renting, using,
   35  living, or otherwise occupying real property, except for a
   36  nongovernmental lessee.
   37         (6) “Qualifying improvement” means the following permanent
   38  improvements located on real property within the jurisdiction of
   39  an authorized financing program:
   40         (a) For improvements on residential property:
   41         1. Repairing, replacing, or improving a central sewerage
   42  system, converting an onsite sewage treatment and disposal
   43  system to a central sewerage system, or, if no central sewerage
   44  system is available, removing, repairing, replacing, or
   45  improving an onsite sewage treatment and disposal system to an
   46  advanced system or technology.
   47         2. Repairing, replacing, or improving a roof, including
   48  improvements that strengthen the roof deck attachment; create a
   49  secondary water barrier to prevent water intrusion; install
   50  wind-resistant shingles or gable-end bracing; or reinforce roof
   51  to-wall connections.
   52         3.Providing flood and water damage mitigation and
   53  resiliency improvements, prioritizing repairs, replacement, or
   54  improvements that qualify for reductions in flood insurance
   55  premiums, including raising a structure above the base flood
   56  elevation to reduce flood damage; constructing a flood diversion
   57  apparatus, drainage gate, or seawall improvement, including
   58  seawall repairs and seawall replacements; purchasing flood
   59  damage-resistant building materials; or making electrical,
   60  mechanical, plumbing, or other system improvements that reduce
   61  flood damage.
   62         4. Replacing windows or doors, including garage doors, with
   63  energy-efficient windows or doors.
   64         5. Installing energy-efficient heating, cooling, or
   65  ventilation systems.
   66         6. Replacing or installing insulation.
   67         7. Replacing or installing energy-efficient water heaters.
   68         8. Installing and affixing a permanent generator.
   69         (b) For installing or constructing improvements on
   70  commercial property:
   71         1. Waste system improvements, which consists of repairing,
   72  replacing, improving, or constructing a central sewerage system,
   73  converting an onsite sewage treatment and disposal system to a
   74  central sewerage system, or, if no central sewerage system is
   75  available, removing, repairing, replacing, or improving an
   76  onsite sewage treatment and disposal system to an advanced
   77  system or technology.
   78         2. Making resiliency improvements, which includes but is
   79  not limited to:
   80         a. Repairing, replacing, improving, or constructing a roof,
   81  including improvements that strengthen the roof deck attachment;
   82         b. Creating a secondary water barrier to prevent water
   83  intrusion;
   84         c. Installing wind-resistant shingles or gable-end bracing;
   85  or
   86         d. Reinforcing roof-to-wall connections.
   87         e.Providing flood and water damage mitigation and
   88  resiliency improvements, prioritizing repairs, replacement, or
   89  improvements that qualify for reductions in flood insurance
   90  premiums, including raising a structure above the base flood
   91  elevation to reduce flood damage; creating or improving
   92  stormwater and flood resiliency, including flood diversion
   93  apparatus, drainage gates, or shoreline improvements; purchasing
   94  flood-damage-resistant building materials; or making any other
   95  improvements necessary to achieve a sustainable building rating
   96  or compliance with a national model resiliency standard and any
   97  improvements to a structure to achieve wind or flood insurance
   98  rate reductions, including building elevation.
   99         3. Energy conservation and efficiency improvements, which
  100  are measures to reduce consumption through efficient use or
  101  conservation of electricity, natural gas, propane, or other
  102  formers of energy, including but not limited to, air sealing;
  103  installation of insulation; installation of energy-efficient
  104  heating, cooling, or ventilation systems; building modification
  105  to increase the use of daylight; window replacement; windows;
  106  energy controls or energy recovery systems; installation of
  107  electric vehicle charging equipment; installation of efficient
  108  lighting equipment; or any other improvements necessary to
  109  achieve a sustainable building rating or compliance with a
  110  national model green building code.
  111         4. Renewable energy improvements, which is the installation
  112  of any system in which the electrical, mechanical, or thermal
  113  energy is produced from a method that uses solar, geothermal,
  114  bioenergy, wind, or hydrogen.
  115         5. Water conservation efficiency improvements, which are
  116  measures to reduce consumption through efficient use or
  117  conservation of water.
  118         (7) “Qualifying improvement contractor” means a licensed or
  119  registered contractor who has been registered to participate by
  120  a program administrator pursuant to s. 163.083 to install or
  121  otherwise perform work to make qualifying improvements on
  122  residential property financed pursuant to a program authorized
  123  under s. 163.081.
  124         (8) “Residential property” means real property zoned as
  125  residential or multifamily residential and composed of four or
  126  fewer dwelling units.
  127         Section 2. Section 163.081, Florida Statutes, is created to
  128  read:
  129         163.081Financing qualifying improvements to residential
  130  property.—
  131         (1) RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.—
  132         (a) A program administrator may only offer a program for
  133  financing qualifying improvements to residential property within
  134  the jurisdiction of a county or municipality if the county or
  135  municipality has authorized by ordinance or resolution the
  136  program administrator to administer the program for financing
  137  qualifying improvements to residential property. The authorized
  138  program must, at a minimum, meet the requirements of this
  139  section. Pursuant to this section or as otherwise provided by
  140  law or pursuant to a county’s or municipality’s home rule power,
  141  a county or municipality may enter into an interlocal agreement
  142  providing for a partnership between one or more local
  143  governments for the purpose of facilitating a program to finance
  144  qualifying improvements to residential property located within
  145  the jurisdiction of the local governments party to the
  146  agreement. A program administrator may contract with one or more
  147  third-party administrators to implement the program as provided
  148  in s. 163.084.
  149         (b) An authorized program administrator may levy non-ad
  150  valorem assessments to facilitate repayment of financing
  151  qualifying improvements. Costs incurred by the program
  152  administrator for such purpose may be collected as a non-ad
  153  valorem assessment. A non-ad valorem assessment shall be
  154  collected pursuant to s. 197.3632 and, notwithstanding s.
  155  197.3632(8)(a), shall not be subject to discount for early
  156  payment. However, the notice and adoption requirements of s.
  157  197.3632(4) do not apply if this section is used and complied
  158  with, and the intent resolution, publication of notice, and
  159  mailed notices to the property appraiser, tax collector, and
  160  Department of Revenue required by s. 197.3632(3)(a) may be
  161  provided on or before August 15 of each year in conjunction with
  162  any non-ad valorem assessment authorized by this section, if the
  163  property appraiser, tax collector, and program administrator
  164  agree.
  165         (c) A program administrator may incur debt for the purpose
  166  of providing financing for qualifying improvements, which debt
  167  is payable from revenues received from the improved property or
  168  any other available revenue source authorized by law.
  169         (2) APPLICATION.—The owner of record of the residential
  170  property within the jurisdiction of an authorized program may
  171  apply to the authorized program administrator to finance a
  172  qualifying improvement. The program administrator may only enter
  173  into a financing agreement with the property owner.
  174         (3) FINANCING AGREEMENTS.—
  175         (a) Before entering into a financing agreement, the program
  176  administrator must review the residential property owner’s
  177  public records derived from a commercially accepted source and
  178  the property owner’s statements, records, and credit reports and
  179  make each of the following findings:
  180         1. There are sufficient resources to complete the project.
  181         2.The total amount of any non-ad valorem assessment for a
  182  residential property under this section does not exceed 20
  183  percent of the just value of the property as determined by the
  184  property appraiser. The total amount may exceed this limitation
  185  upon written consent of the holders or loan servicers of any
  186  mortgage encumbering or otherwise secured by the residential
  187  property.
  188         3. The combined mortgage-related debt and total amount of
  189  any non-ad valorem assessments under the program for the
  190  residential property does not exceed 97 percent of the just
  191  value of the property as determined by the property appraiser.
  192         4.The financing agreement does not utilize a negative
  193  amortization schedule, a balloon payment, or prepayment fees or
  194  fines other than nominal administrative costs. Capitalized
  195  interest included in the original balance of the assessment
  196  financing agreement does not constitute negative amortization.
  197         5. All property taxes and any other assessments, including
  198  non-ad valorem assessments, levied on the same bill as the
  199  property taxes are current and have not been delinquent for the
  200  preceding 3 years, or the property owner’s period of ownership,
  201  whichever is less.
  202         6. There are no outstanding fines or fees related to zoning
  203  or code enforcement violations issued by a county or
  204  municipality, unless the qualifying improvement will remedy the
  205  zoning or code violation.
  206         7. There are no involuntary liens, including, but not
  207  limited to, construction liens on the residential property.
  208         8.No notices of default or other evidence of property
  209  based debt delinquency have been recorded and not released
  210  during the preceding 3 years or the property owner’s period of
  211  ownership, whichever is less.
  212         9.The property owner is current on all mortgage debt on
  213  the residential property.
  214         10.The property owner has not been subject to a bankruptcy
  215  proceeding within the last 5 years unless it was discharged or
  216  dismissed more than 2 years before the date on which the
  217  property owner applied for financing.
  218         11.The residential property is not subject to an existing
  219  home equity conversion mortgage or reverse mortgage product.
  220         12.The term of the financing agreement does not exceed the
  221  weighted average useful life of the qualified improvements to
  222  which the greatest portion of funds disbursed under the
  223  assessment contract is attributable, not to exceed 20 years. The
  224  program administrator shall determine the useful life of a
  225  qualifying improvement using established standards, including
  226  certification criteria from government agencies or nationally
  227  recognized standards and testing organizations.
  228         13.The total estimated annual payment amount for all
  229  financing agreements entered into under this section on the
  230  residential property does not exceed 10 percent of the property
  231  owner’s annual household income. Income must be confirmed using
  232  reasonable evidence and not solely by a property owner’s
  233  statement.
  234         14.If the qualifying improvement is estimated to cost
  235  $5,000 or more, the property owner has obtained estimates from
  236  at least two unaffiliated, registered qualifying improvement
  237  contractors for the qualifying improvement to be financed.
  238         (b) Before entering into a financing agreement, the
  239  property administrator must determine if there are any current
  240  financing agreements on the residential property and if the
  241  property owner has obtained or sought to obtain additional
  242  qualifying improvements on the same property which have not yet
  243  been recorded. The failure to disclose information related to
  244  not yet recorded financing agreements does not invalidate a
  245  financing agreement or any obligation thereunder, even if the
  246  total financed amount of the qualifying improvement exceeds the
  247  amount that would otherwise be authorized under this section.
  248  The existence of a prior qualifying improvement non-ad valorem
  249  assessment or a prior financing agreement is not evidence that
  250  the financing agreement under consideration is affordable or
  251  meets other program requirements.
  252         (c) Findings satisfying paragraphs (a) and (b) must be
  253  documented, including supporting evidence relied upon, and
  254  provided to the property owner prior to a financing agreement
  255  being approved and recorded.
  256         (d) A property owner and the program administrator may
  257  agree to include in the financing agreement provisions for
  258  allowing change orders necessary to complete the qualifying
  259  improvement. Any financing agreement or contract for qualifying
  260  improvements which includes such provisions must meet the
  261  requirements of this paragraph. If a proposed change order on a
  262  qualifying improvement will significantly increase the original
  263  cost of the qualifying improvement or significantly expand the
  264  scope of the qualifying improvement, before the change order may
  265  be executed which would result in an increase in the amount
  266  financed through the program administrator for the qualifying
  267  improvement, the program administrator must notify the property
  268  owner, provide an updated written disclosure form as described
  269  in subsection (4) to the property owner, and obtain written
  270  approval of the change from the property owner.
  271         (e) A financing agreement may not be entered into if the
  272  total cost of the qualifying improvement, including program fees
  273  and interest, is less than $2,500.
  274         (f) A financing agreement may not be entered into for
  275  qualifying improvements in buildings or facilities under new
  276  construction or construction for which a certificate of
  277  occupancy or similar evidence of substantial completion of new
  278  construction or improvement has not been issued.
  279         (4) DISCLOSURES.—
  280         (a) In addition to the requirements in subsection (3), a
  281  financing agreement may not be approved unless the program
  282  administrator first provides, including via electronic means, a
  283  written financing estimate and disclosure to the property owner
  284  which includes all of the following:
  285         1.The estimated total amount to be financed, including the
  286  total and itemized cost of the qualifying improvement, program
  287  fees, and capitalized interest, if any;
  288         2. The estimated annual non-ad valorem assessment;
  289         3.The term of the financing agreement and the schedule for
  290  the non-ad valorem assessments;
  291         4.The interest charged and estimated annual percentage
  292  rate;
  293         5. A description of the qualifying improvement;
  294         6. The total estimated annual costs that will be required
  295  to be paid under the assessment contract, including program
  296  fees;
  297         7. The total estimated average monthly equivalent amount of
  298  funds that would need to be saved in order to pay the annual
  299  costs of the non-ad valorem assessment, including program fees;
  300         8.The estimated due date of the first payment that
  301  includes the non-ad valorem assessment;
  302         9. A disclosure that the financing agreement may be
  303  canceled within 5 business days after signing the financing
  304  agreement without any financial penalty for doing so;
  305         10. A disclosure that the property owner may repay any
  306  remaining amount owed, at any time, without penalty or
  307  imposition of additional prepayment fees or fines other than
  308  nominal administrative costs;
  309         11.A disclosure that if the property owner sells or
  310  refinances the residential property, the property owner may be
  311  required by a mortgage lender to pay off the full amount owed
  312  under each financing agreement under this section;
  313         12.A disclosure that the assessment will be collected
  314  along with the property owner’s property taxes, and will result
  315  in a lien on the property from the date the financing agreement
  316  is recorded;
  317         13.A disclosure that potential utility or insurance
  318  savings are not guaranteed, and will not reduce the assessment
  319  amount; and
  320         14.A disclosure that failure to pay the assessment may
  321  result in penalties, fees, including attorney fees, court costs,
  322  and the issuance of a tax certificate that could result in the
  323  property owner losing the property and a judgment against the
  324  property owner, and may affect the property owner’s credit
  325  rating.
  326         (b) Prior to the financing agreement being approved, the
  327  program administrator must conduct an oral, recorded telephone
  328  call with the property owner during which the program
  329  administrator must confirm each finding or disclosure required
  330  in subsection (3) and this section.
  331         (5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 30 days
  332  before entering into a financing agreement, the property owner
  333  must provide to the holders or loan servicers of any existing
  334  mortgages encumbering or otherwise secured by the residential
  335  property a written notice of the owner’s intent to enter into a
  336  financing agreement together with the maximum amount to be
  337  financed, including the amount of any fees and interest, and the
  338  maximum annual assessment necessary to repay the total. A
  339  verified copy or other proof of such notice must be provided to
  340  the program administrator. A provision in any agreement between
  341  a mortgagor or other lienholder and a property owner, or
  342  otherwise now or hereafter binding upon a property owner, which
  343  allows for acceleration of payment of the mortgage, note, or
  344  lien or other unilateral modification solely as a result of
  345  entering into a financing agreement as provided for in this
  346  section is unenforceable. This subsection does not limit the
  347  authority of the holder or loan servicer to increase the
  348  required monthly escrow by an amount necessary to pay the annual
  349  assessment.
  350         (6) CANCELLATION.—A property owner may cancel a financing
  351  agreement on a form established by the program administrator
  352  within 5 business days after signing the financing agreement
  353  without any financial penalty for doing so.
  354         (7) RECORDING.—Any financing agreement approved and entered
  355  into pursuant to this section, or a summary memorandum of such
  356  agreement, shall be submitted for recording in the public
  357  records of the county within which the residential property is
  358  located by the program administrator within 10 business days
  359  after execution of the agreement. The recorded agreement must
  360  provide constructive notice that the non-ad valorem assessment
  361  to be levied on the property constitutes a lien of equal dignity
  362  to county taxes and assessments from the date of recordation. A
  363  notice of lien for the full amount of the financing may be
  364  recorded in the public records of the county where the property
  365  is located. Such lien is not enforceable in a manner that
  366  results in the acceleration of the remaining nondelinquent
  367  unpaid balance under the assessment financing agreement.
  368         (8) SALE OF RESIDENTIAL PROPERTY.—At or before the time a
  369  seller executes a contract for the sale of any residential
  370  property for which a non-ad valorem assessment has been levied
  371  under this section and has an unpaid balance due, the seller
  372  shall give the prospective purchaser a written disclosure
  373  statement in the following form, which must be set forth in the
  374  contract or in a separate writing:
  375  
  376         QUALIFYING IMPROVEMENTS.—The property being purchased
  377         is subject to an assessment on the property pursuant
  378         to s. 163.081, Florida Statutes. The assessment is for
  379         a qualifying improvement to the property and is not
  380         based on the value of the property. You are encouraged
  381         to contact the property appraiser’s office to learn
  382         more about this and other assessments that may be
  383         provided by law.
  384  
  385         (9) DISBURSEMENTS.—Before disbursing final funds to a
  386  qualifying improvement contractor for a qualifying improvement
  387  on residential property, the program administrator shall confirm
  388  that the applicable work or service has been completed or, as
  389  applicable, that the final permit for the qualifying improvement
  390  has been closed with all permit requirements satisfied or a
  391  certificate of occupancy or similar evidence of substantial
  392  completion of construction or improvement has been issued.
  393         (10) CONSTRUCTION.—This section is additional and
  394  supplemental to county and municipal home rule authority and not
  395  in derogation of such authority or a limitation upon such
  396  authority.
  397         Section 3. Section 163.082, Florida Statutes, is created to
  398  read:
  399         163.082Financing qualifying improvements to commercial
  400  property.—
  401         (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.—
  402         (a) A program administrator may only offer a program for
  403  financing qualifying improvements to commercial property within
  404  the jurisdiction of a county or municipality if the county or
  405  municipality has authorized by ordinance or resolution the
  406  program administrator to administer the program for financing
  407  qualifying improvements. The authorized program must, at a
  408  minimum, meet the requirements of this section. Pursuant to this
  409  section or as otherwise provided by law or pursuant to a
  410  county’s or municipality’s home rule power, a county or
  411  municipality may enter into an interlocal agreement providing
  412  for a partnership between one or more local governments for the
  413  purpose of facilitating a program for financing qualifying
  414  improvements to commercial property located within the
  415  jurisdiction of the local governments party to the agreement. A
  416  program administrator may contract with one or more third-party
  417  administrators to implement the program as provided in s.
  418  163.084.
  419         (b) An authorized program administrator may levy non-ad
  420  valorem assessments to facilitate repayment of financing or
  421  refinancing qualifying improvements. Costs incurred by the
  422  program administrator for such purpose may be collected as a
  423  non-ad valorem assessment. A non-ad valorem assessment shall be
  424  collected pursuant to s. 197.3632 and, notwithstanding s.
  425  197.3632(8)(a), is not subject to discount for early payment.
  426  However, the notice and adoption requirements of s. 197.3632(4)
  427  do not apply if this section is used and complied with, and the
  428  intent resolution, publication of notice, and mailed notices to
  429  the property appraiser, tax collector, and Department of Revenue
  430  required by s. 197.3632(3)(a) may be provided on or before
  431  August 15 of each year in conjunction with any non-ad valorem
  432  assessment authorized by this section, if the property
  433  appraiser, tax collector, and program administrator agree.
  434         (c) A program administrator may incur debt for the purpose
  435  of providing financing for qualifying improvements, which debt
  436  is payable from revenues received from the improved property or
  437  any other available revenue source authorized by law.
  438         (2) APPLICATION.—The owner of record of the commercial
  439  property within the jurisdiction of the authorized program may
  440  apply to the program administrator to finance a qualifying
  441  improvement and enter into a financing agreement with the
  442  program administrator to make such improvement. The program
  443  administrator may only enter into a financing agreement with a
  444  property owner. However, a nongovernmental lessee may apply to
  445  finance a qualifying improvement if the nongovernmental lessee
  446  provides the program administrator with written consent of the
  447  government lessor. Any financing agreement with the
  448  nongovernmental lessee must provide that the nongovernmental
  449  lessee is the only party obligated to pay the assessment.
  450         (3) FINANCING AGREEMENTS.—
  451         (a) Before entering into a financing agreement, the program
  452  administrator must make each of the following findings based on
  453  a review of public records derived from a commercially accepted
  454  source and the statements, records, and credit reports of the
  455  commercial property owner or nongovernmental lessee:
  456         1. There are sufficient resources to complete the project.
  457         2.The total amount of any non-ad valorem assessment for a
  458  commercial property under this section does not exceed 20
  459  percent of the just value of the property as determined by the
  460  property appraiser. The total amount may exceed this limitation
  461  upon written consent of the holders or loan servicers of any
  462  mortgage encumbering or otherwise secured by the commercial
  463  property.
  464         3. The combined mortgage-related debt and total amount of
  465  any non-ad valorem assessments under the program for the
  466  commercial property does not exceed 97 percent of the just value
  467  of the property as determined by the property appraiser.
  468         4.All property taxes and any other assessments, including
  469  non-ad valorem assessments, levied on the same bill as the
  470  property taxes are current.
  471         5.There are no involuntary liens greater than $5,000,
  472  including, but not limited to, construction liens on the
  473  commercial property.
  474         6.No notices of default or other evidence of property
  475  based debt delinquency have been recorded and not been released
  476  during the preceding 3 years or the property owner’s period of
  477  ownership, whichever is less.
  478         7.The property owner is current on all mortgage debt on
  479  the commercial property.
  480         8.The term of the financing agreement does not exceed the
  481  weighted average useful life of the qualified improvements to
  482  which the greatest portion of funds disbursed under the
  483  assessment contract is attributable, not to exceed 30 years. The
  484  program administrator shall determine the useful life of a
  485  qualifying improvement using established standards, including
  486  certification criteria from government agencies or nationally
  487  recognized standards and testing organizations.
  488         9.The property owner or nongovernmental lessee is not
  489  currently the subject of a bankruptcy proceeding.
  490         (b) Before entering into a financing agreement, the program
  491  administrator shall determine if there are any current financing
  492  agreements on the commercial property and whether the property
  493  owner or nongovernmental lessee has obtained or sought to obtain
  494  additional qualifying improvements on the same property which
  495  have not yet been recorded. The failure to disclose information
  496  related to not yet recorded financing agreements does not
  497  invalidate a financing agreement or any obligation thereunder,
  498  even if the total financed amount of the qualifying improvement
  499  exceeds the amount that would otherwise be authorized under this
  500  section. The existence of a prior qualifying improvement non-ad
  501  valorem assessment or a prior financing agreement is not
  502  evidence that the financing agreement under consideration is
  503  affordable or meets other program requirements.
  504         (c)Findings satisfying paragraphs (a) and (b) must be
  505  documented, including supporting evidence relied upon, and
  506  provided to the property owner or nongovernmental lessee prior
  507  to a financing agreement being approved and recorded.
  508         (d)A property owner or nongovernmental lessee and the
  509  program administrator may agree to include in the financing
  510  agreement provisions for allowing change orders necessary to
  511  complete the qualifying improvement. Any financing agreement or
  512  contract for qualifying improvements which includes such
  513  provisions must meet the requirements of this paragraph. If a
  514  proposed change order on a qualifying improvement will
  515  significantly increase the original cost of the qualifying
  516  improvement or significantly expand the scope of the qualifying
  517  improvement, before the change order may be executed which would
  518  result in an increase in the amount financed through the program
  519  administrator for the qualifying improvement, the program
  520  administrator must notify the property owner or nongovernmental
  521  lessee, provide an updated written disclosure form as described
  522  in subsection (4) to the property owner or nongovernmental
  523  lessee, and obtain written approval of the change from the
  524  property owner or nongovernmental lessee.
  525         (e) A financing agreement may not be entered into if the
  526  total cost of the qualifying improvement, including program fees
  527  and interest, is less than $2,500.
  528         (4) DISCLOSURES.—In addition to the requirements in
  529  subsection (3), a financing agreement may not be approved unless
  530  the program administrator provides, whether on a separate
  531  document or included with other disclosures or forms, a
  532  financing estimate and disclosure to the property owner or
  533  nongovernmental lessee which includes all of the following:
  534         (a)The estimated total amount to be financed, including
  535  the total and itemized cost of the qualifying improvement,
  536  program fees, and capitalized interest, if any;
  537         (b) The estimated annual non-ad valorem assessment;
  538         (c)The term of the financing agreement and the schedule
  539  for the non-ad valorem assessments;
  540         (d)The interest charged and estimated annual percentage
  541  rate;
  542         (e) A description of the qualifying improvement;
  543         (f) The total estimated annual costs that will be required
  544  to be paid under the assessment contract, including program
  545  fees;
  546         (g) The total estimated average monthly equivalent amount
  547  of funds that would need to be saved in order to pay the annual
  548  costs of the non-ad valorem assessment, including program fees;
  549         (h)The estimated due date of the first payment that
  550  includes the non-ad valorem assessment; and
  551         (i) A disclosure that the property owner or nongovernmental
  552  lessee may repay any remaining amount owed, at any time, without
  553  penalty or imposition of additional prepayment fees or fines
  554  other than nominal administrative costs.
  555         (5)CONSENT OF LIENHOLDERS AND SERVICERS.—Before entering
  556  into a financing agreement with a property owner, the program
  557  administrator must have received the written consent of the
  558  current holders or loan servicers of any mortgage that encumbers
  559  or is otherwise secured by the commercial property or that will
  560  otherwise be secured by the property at the time the financing
  561  agreement is executed.
  562         (6) RECORDING.—Any financing agreement approved and entered
  563  into pursuant to this section or a summary memorandum of such
  564  agreement must be submitted for recording in the public records
  565  of the county within which the commercial property is located by
  566  the program administrator within 10 business days after
  567  execution of the agreement. The recorded agreement must provide
  568  constructive notice that the non-ad valorem assessment to be
  569  levied on the property constitutes a lien of equal dignity to
  570  county taxes and assessments from the date of recordation. A
  571  notice of lien for the full amount of the financing may be
  572  recorded in the public records of the county where the property
  573  is located. Such lien is not enforceable in a manner that
  574  results in the acceleration of the remaining nondelinquent
  575  unpaid balance under the assessment financing agreement.
  576         (7) SALE OF COMMERCIAL PROPERTY.—At or before the time a
  577  seller executes a contract for the sale of any commercial
  578  property for which a non-ad valorem assessment has been levied
  579  under this section and has an unpaid balance due, the seller
  580  shall give the prospective purchaser a written disclosure
  581  statement in the following form, which must be set forth in the
  582  contract or in a separate writing:
  583  
  584         QUALIFYING IMPROVEMENTS.—The property being purchased
  585         is subject to an assessment on the property pursuant
  586         to s. 163.082, Florida Statutes. The assessment is for
  587         a qualifying improvement to the property and is not
  588         based on the value of the property. You are encouraged
  589         to contact the property appraiser’s office to learn
  590         more about this and other assessments that may be
  591         provided for by law.
  592  
  593         (8)COMPLETION CERTIFICATE.Upon disbursement of all
  594  financing and completion of installation of qualifying
  595  improvements financed, the program administrator shall file with
  596  the applicable county or municipality a certificate that the
  597  qualifying improvements have been installed and are in good
  598  working order.
  599         (9) CONSTRUCTION.—This section is additional and
  600  supplemental to county and municipal home rule authority and not
  601  in derogation of such authority or a limitation upon such
  602  authority.
  603         Section 4. Section 163.083, Florida Statutes, is created to
  604  read:
  605         163.083 Qualifying improvement contractors.—
  606         (1) A county or municipality shall establish a process, or
  607  approve a process established by a program administrator, to
  608  register contractors for participation in a program authorized
  609  by a county or municipality pursuant to s. 163.081. A qualifying
  610  improvement contractor may only perform such work that the
  611  contractor is appropriately licensed, registered, and permitted
  612  to conduct. At the time of application to participate and during
  613  participation in the program, contractors must:
  614         (a) Hold all necessary licenses or registrations for the
  615  work to be performed which are in good standing. Good standing
  616  includes no outstanding complaints with the state or local
  617  government which issues such licenses or registrations.
  618         (b)Comply with all applicable federal, state, and local
  619  laws and regulations, including obtaining and maintaining any
  620  other permits, licenses, or registrations required for engaging
  621  in business in the jurisdiction in which it operates and
  622  maintaining all state-required bond and insurance coverage.
  623         (c) File with the program administrator a written statement
  624  in a form approved by the county or municipality that the
  625  contractor will comply with applicable laws and rules and
  626  qualifying improvement program policies and procedures,
  627  including those on advertising and marketing.
  628         (2) A third-party administrator or a program administrator,
  629  either directly or through an affiliate, may not be registered
  630  as a qualifying improvement contractor.
  631         (3) A program administrator shall establish and maintain:
  632         (a)A process to monitor qualifying improvement contractors
  633  for performance and compliance with requirements of the program
  634  and must conduct regular reviews of qualifying improvement
  635  contractors to confirm that each qualifying improvement
  636  contractor is in good standing.
  637         (b)Procedures for notice and imposition of penalties upon
  638  a finding of violation, which may consist of placement of the
  639  qualifying improvement contractor in a probationary status that
  640  places conditions for continued participation, payment of fines
  641  or sanctions, suspension, or termination from participation in
  642  the program.
  643         (c) An easily accessible page on its website that provides
  644  information on the status of registered qualifying improvement
  645  contractors, including any imposed penalties, and the names of
  646  any qualifying improvement contractors currently on probationary
  647  status or that are suspended or terminated from participation in
  648  the program.
  649         Section 5. Section 163.084, Florida Statutes, is created to
  650  read:
  651         163.084 Third-party administrator for financing qualifying
  652  improvements programs.—
  653         (1)(a) A program administrator may contract with one or
  654  more entities to administer a program authorized by a county or
  655  municipality pursuant to s. 163.081 or s. 163.082 on behalf of
  656  and at the discretion of the program administrator.
  657         (b) The third-party administrator must be independent of
  658  the program administrator and have no conflicts of interest
  659  between managers or owners of the third-party administrator and
  660  program administrator managers, owners, officials, or employees
  661  with oversight over the contract. The contract must provide for
  662  the entity to administer the program according to the
  663  requirements of s. 163.081 or s. 163.082 and the ordinance or
  664  resolution adopted by the county or municipality authorizing the
  665  program. However, only the program administrator may levy or
  666  administer non-ad valorem assessments.
  667         (2) A program administrator may not contract with a third
  668  party administrator that, within the last 3 years, has been
  669  prohibited from serving as a third-party administrator for
  670  another program administrator for program or contract violations
  671  or has been found by a court of competent jurisdiction to have
  672  violated state or federal laws related to the administration of
  673  ss. 163.081-163.086 or a similar program in another
  674  jurisdiction.
  675         (3) The program administrator must include in any contract
  676  with the third-party administrator the right to perform annual
  677  reviews of the administrator to confirm compliance with ss.
  678  163.081-163.086, the ordinance or resolution adopted by the
  679  county or municipality, and the contract with the program
  680  administrator. If the program administrator finds that the
  681  third-party administrator has committed a violation of ss.
  682  163.081-163.086, the adopted ordinance or resolution, or the
  683  contract with the program administrator, the program
  684  administrator shall provide the third-party administrator with
  685  notice of the violation and may, as set forth in the adopted
  686  ordinance or resolution or the contract with the third-party
  687  administrator:
  688         (a)Place the third-party administrator in a probationary
  689  status that places conditions for continued operations.
  690         (b)Impose any fines or sanctions.
  691         (c)Suspend the activity of the third-party administrator
  692  for a period of time.
  693         (d)Terminate the agreement with the third-party
  694  administrator.
  695         (4) A program administrator may terminate the agreement
  696  with a third-party administrator, as set forth by the county or
  697  municipality in its adopted ordinance or resolution or the
  698  contract with the third-party administrator, if the program
  699  administrator makes a finding that:
  700         (a) The third-party administrator has violated the contract
  701  with the program administrator. The contract may set forth
  702  substantial violations that may result in contract termination
  703  and other violations that may provide for a period of time for
  704  correction before the contract may be terminated.
  705         (b) The third-party administrator, or an officer, a
  706  director, a manager or a managing member, or a control person of
  707  the third-party administrator, has been found by a court of
  708  competent jurisdiction to have violated state or federal laws
  709  related to the administration a program authorized of the
  710  provisions of ss. 163.081-163.086 or a similar program in
  711  another jurisdiction within the last 5 years.
  712         (c) Any officer, director, manager or managing member, or
  713  control person of the third-party administrator has been
  714  convicted of, or has entered a plea of guilty or nolo contendere
  715  to, regardless of whether adjudication has been withheld, a
  716  crime related to administration of a program authorized of the
  717  provisions of ss. 163.081-163.086 or a similar program in
  718  another jurisdiction within the last 10 years.
  719         (d) An annual performance review reveals a substantial
  720  violation or a pattern of violations by the third-party
  721  administrator.
  722         (5) Any recorded financing agreements at the time of
  723  termination or suspension by the program administrator shall
  724  continue.
  725         Section 6. Section 163.085, Florida Statutes, is created to
  726  read:
  727         163.085Advertisement and solicitation for financing
  728  qualifying improvements programs under s. 163.081 or s.
  729  163.082.—
  730         (1) When communicating with a property owner or a
  731  nongovernmental lessee, a program administrator, qualifying
  732  improvement contractor, or third-party administrator may not:
  733         (a)Suggest or imply:
  734         1. That a non-ad valorem assessment authorized under s.
  735  163.081 or s. 163.082 is a government assistance program;
  736         2. That qualifying improvements are free or provided at no
  737  cost, or that the financing related to a non-ad valorem
  738  assessment authorized under s. 163.081 or s. 163.082 is free or
  739  provided at no cost; or
  740         3. That the financing of a qualifying improvement using the
  741  program authorized pursuant to s. 163.081 or s. 163.082 does not
  742  require repayment of the financial obligation.
  743         (b) Make any representation as to the tax deductibility of
  744  a non-ad valorem assessment. A program administrator, qualifying
  745  improvement contractor, or third-party administrator may
  746  encourage a property owner or nongovernmental lessee to seek the
  747  advice of a tax professional regarding tax matters related to
  748  assessments.
  749         (2) A program administrator or third-party administrator
  750  may not provide to a qualifying improvement contractor any
  751  information that discloses the amount of financing for which a
  752  property owner or nongovernmental lessee is eligible for
  753  qualifying improvements or the amount of equity in a residential
  754  property or commercial property.
  755         (3) A qualifying improvement contractor may not advertise
  756  the availability of financing agreements for, or solicit program
  757  participation on behalf of, the program administrator unless the
  758  contractor is registered by the program administrator to
  759  participate in the program and is in good standing with the
  760  program administrator.
  761         (4) A program administrator or third-party administrator
  762  may not provide any payment, fee, or kickback to a qualifying
  763  improvement contractor for referring property owners or
  764  nongovernmental lessees to the program administrator or third
  765  party administrator. However, a program administrator or third
  766  party administrator may provide information to a qualifying
  767  improvement contractor to facilitate the installation of a
  768  qualifying improvement for a property owner or nongovernmental
  769  lessee.
  770         (5) A program administrator or third-party administrator
  771  may reimburse a qualifying improvement contractor for its
  772  expenses in advertising and marketing campaigns and materials.
  773         (6) A qualifying improvement contractor may not provide a
  774  different price for a qualifying improvement financed under s.
  775  163.081 than the price that the qualifying improvement
  776  contractor would otherwise provide if the qualifying improvement
  777  was not being financed through a financing agreement. Any
  778  contract between a property owner or nongovernmental lessee and
  779  a qualifying improvement contractor must clearly state all
  780  pricing and cost provisions, including any process for change
  781  orders which meet the requirements of s. 163.081(3)(d).
  782         (7) A program administrator, qualifying improvement
  783  contractor, or third-party administrator may not provide any
  784  direct cash payment or other thing of material value to a
  785  property owner or nongovernmental lessee which is explicitly
  786  conditioned upon the property owner or nongovernmental lessee
  787  entering into a financing agreement. However, a program
  788  administrator or third-party administrator may offer programs or
  789  promotions that provide reduced fees or interest rates if the
  790  reduced fees or interest rates are reflected in the financing
  791  agreements and are not provided to the property owner or
  792  nongovernmental lessee as cash consideration.
  793         Section 7. Section 163.086, Florida Statutes, is created to
  794  read:
  795         163.086 Unenforceable financing agreements for qualifying
  796  improvements programs under s. 163.081 or s. 163.082;
  797  attachment; fraud.—
  798         (1) A recorded financing agreement may not be removed from
  799  attachment to a residential property or commercial property if
  800  the property owner or nongovernmental lessee fraudulently
  801  obtained funding pursuant to s. 163.081 or s. 163.082.
  802         (2) A financing agreement may not be enforced, and a
  803  recorded financing agreement may be removed from attachment to a
  804  residential property or commercial property and deemed null and
  805  void, if:
  806         (a)The property owner or nongovernmental lessee applied
  807  for, accepted, and canceled a financing agreement within the 5
  808  business-day period pursuant to s. 163.081(6). A qualifying
  809  improvement contractor may not begin work under a canceled
  810  contract.
  811         (b)A person other than the property owner or
  812  nongovernmental lessee obtained the recorded financing
  813  agreement. The court may enter an order which holds that person
  814  or persons personally liable for the debt.
  815         (c) The program administrator, third-party administrator,
  816  or qualifying improvement contractor approved or obtained
  817  funding through fraudulent means and in violation of s. 163.081,
  818  s. 163.082, s. 163.083, s. 163.084, s. 163.085, or this section
  819  for qualifying improvements on the residential property or
  820  commercial property.
  821         (3) If a qualifying improvement contractor has initiated
  822  work on residential property or commercial property under a
  823  contract deemed unenforceable under this section, the qualifying
  824  improvement contractor:
  825         (a) May not receive compensation for that work under the
  826  financing agreement.
  827         (b) Must restore the residential property or commercial
  828  property to its original condition at no cost to the property
  829  owner or nongovernmental lessee.
  830         (c) Must immediately return any funds, property, and other
  831  consideration given by the property owner or nongovernmental
  832  lessee. If the property owner or nongovernmental lessee provided
  833  any property and the qualifying improvement contractor does not
  834  or cannot return it, the qualifying improvement contractor must
  835  immediately return the fair market value of the property or its
  836  value as designated in the contract, whichever is greater.
  837         (4) If the qualifying improvement contractor has delivered
  838  chattel or fixtures to residential property or commercial
  839  property pursuant to a contract deemed unenforceable under this
  840  section, the qualifying improvement contractor has 90 days after
  841  the date on which the contract was executed to retrieve the
  842  chattel or fixtures, provided that:
  843         (a) The qualifying improvement contractor has fulfilled the
  844  requirements of paragraphs (3)(a) and (b).
  845         (b) The chattel and fixtures can be removed at the
  846  qualifying improvement contractor’s expense without damaging the
  847  residential property or commercial property.
  848         (5) If a qualifying improvement contractor fails to comply
  849  with this section, the property owner or nongovernmental lessee
  850  may retain any chattel or fixtures provided pursuant to a
  851  contract deemed unenforceable under this section.
  852         (6) A contract that is otherwise unenforceable under this
  853  section remains enforceable if the property owner or
  854  nongovernmental lessee waives his or her right to cancel the
  855  contract or cancels the financing agreement pursuant to s.
  856  163.081(6) or s. 163.082(6) but allows the qualifying
  857  improvement contractor to proceed with the installation of the
  858  qualifying improvement.
  859         Section 8. Section 163.087, Florida Statutes, is created to
  860  read:
  861         163.087Reporting for financing qualifying improvements
  862  programs under s. 163.081 or s. 163.082.—
  863         (1) Each program administrator that is authorized to
  864  administer a program for financing qualifying improvements to
  865  residential property or commercial property under s. 163.081 or
  866  s. 163.082 shall post on its website an annual report within 45
  867  days after the end of its fiscal year containing the following
  868  information from the previous year for each program authorized
  869  under s. 163.081 or s. 163.082:
  870         (a)The number and types of qualifying improvements funded.
  871         (b)The aggregate, average, and median dollar amounts of
  872  annual non-ad valorem assessments and the total number of non-ad
  873  valorem assessments collected pursuant to financing agreements
  874  for qualifying improvements.
  875         (c) The total number of defaulted non-ad valorem
  876  assessments, including the total defaulted amount, the number
  877  and dates of missed payments, and the total number of parcels in
  878  default and the length of time in default.
  879         (d)A summary of all reported complaints received by the
  880  program administrator related to the program, including the
  881  names of the third-party administrator, if applicable, and
  882  qualifying improvement contractors and the resolution of each
  883  complaint.
  884         (2) The Auditor General must conduct an operational audit
  885  of each program authorized under s. 163.081 or s. 163.082,
  886  including any third-party administrators, for compliance with
  887  the provisions of ss. 163.08-163.086 and any adopted ordinance
  888  at least once every 24 months. The Auditor General may stagger
  889  evaluations such that a portion of all programs are evaluated in
  890  1 year; however, every program must be evaluated at least once
  891  by September 1, 2027. Each program administrator, and third
  892  party administrator if applicable, must post the most recent
  893  report on its website.
  894         Section 9. This act shall take effect July 1, 2024.
  895  
  896  ================= T I T L E  A M E N D M E N T ================
  897  And the title is amended as follows:
  898         Delete everything before the enacting clause
  899  and insert:
  900                        A bill to be entitled                      
  901         An act relating to improvements to real property;
  902         amending s. 163.08, F.S.; deleting provisions relating
  903         to legislative findings and intent; defining terms and
  904         revising definitions; creating ss. 163.081 and
  905         163.082, F.S.; allowing a program administrator to
  906         offer a program for financing qualifying improvements
  907         for residential or commercial property when authorized
  908         by a county or municipality; requiring an authorized
  909         program administrator that administers an authorized
  910         program to meet certain requirements; authorizing a
  911         county or municipality to enter into an interlocal
  912         agreement to implement a program; authorizing a
  913         program administrator to contract with third-party
  914         administrators to implement the program; authorizing a
  915         program administrator to levy non-ad valorem
  916         assessments for a certain purpose; authorizing a
  917         program administrator to incur debt for the purpose of
  918         providing financing for qualifying improvements;
  919         authorizing the owner of the residential property or
  920         commercial property or certain nongovernmental lessees
  921         to apply to the program administrator to finance a
  922         qualifying improvement; requiring the program
  923         administrator to make certain findings before entering
  924         into a financing agreement; requiring the program
  925         administrator to ascertain certain financial
  926         information from the property owner or nongovernmental
  927         lessee before entering into a financing agreement;
  928         requiring certain documentation; requiring certain
  929         financing agreement and contract provisions for change
  930         orders if the property owner or nongovernmental lessee
  931         and program administrator agree to allow change orders
  932         to complete a qualifying improvement; prohibiting a
  933         financing agreement from being entered into under
  934         certain circumstances; requiring the program
  935         administrator to provide certain information before a
  936         financing agreement may be approved; requiring an
  937         oral, recorded telephone call with the residential
  938         property owner to confirm findings and disclosures
  939         before the approval of a financing agreement;
  940         requiring the residential property owner to provide
  941         written notice to the holder or loan servicer of his
  942         or her intent to enter into a financing agreement as
  943         well as other financial information; requiring that
  944         proof of such notice be provided to the program
  945         administrator; providing that a certain acceleration
  946         provision in an agreement between the residential
  947         property owner and mortgagor or lienholder is
  948         unenforceable; providing that the lienholder or loan
  949         servicer retains certain authority; requiring the
  950         program administrator to receive the written consent
  951         of certain lienholders on commercial property;
  952         authorizing a residential property owner, under
  953         certain circumstances and within a certain timeframe,
  954         to cancel a financing agreement without financial
  955         penalty; requiring recording of the financing
  956         agreement in a specified timeframe; creating the
  957         seller’s disclosure statements for properties offered
  958         for sale which have assessments on them for qualifying
  959         improvements; requiring the program administrator to
  960         confirm that certain conditions are met before
  961         disbursing final funds to a qualifying improvement
  962         contractor for qualifying improvements on residential
  963         property; requiring a program administrator to submit
  964         a certain certificate to a county or municipality upon
  965         final disbursement and completion of qualifying
  966         improvements; creating s. 163.083, F.S.; requiring a
  967         county or municipality to establish or approve a
  968         process for the registration of a qualifying
  969         improvement contractor to install qualifying
  970         improvements; requiring certain conditions for a
  971         qualifying improvement contractor to participate in a
  972         program; prohibiting a third-party administrator from
  973         registration as a qualifying improvement contractor;
  974         requiring the program administrator to monitor
  975         qualifying improvement contractors, enforce certain
  976         penalties for a finding of violation, and post certain
  977         information online; creating s. 163.084, F.S.;
  978         authorizing the program administrator to contract with
  979         entities to administer an authorized program;
  980         providing certain requirements for a third-party
  981         administrator; prohibiting a program administrator
  982         from contracting with a third-party administrator
  983         under certain circumstances; requiring the program
  984         administrator to include in its contract with the
  985         third-party administrator the right to perform annual
  986         reviews of the administrator; authorizing the program
  987         administrator to take certain actions if the program
  988         administrator finds that the third-party administrator
  989         has committed a violation of its contract; authorizing
  990         a program administrator to terminate an agreement with
  991         a third-party administrator under certain
  992         circumstances; providing for the continuation of
  993         certain financing agreements after the termination or
  994         suspension of the third-party administrator; creating
  995         s. 163.085, F.S.; requiring that, in communicating
  996         with the property owner or nongovernmental lessee, the
  997         program administrator, qualifying improvement
  998         contractor, or third-party administrator comply with
  999         certain requirements; prohibiting the program
 1000         administrator or third-party administrator from
 1001         disclosing certain financing information to a
 1002         qualifying improvement contractor; prohibiting a
 1003         qualifying improvement contractor from making certain
 1004         advertisements or solicitations; providing exceptions;
 1005         prohibiting a program administrator or third-party
 1006         administrator from providing certain payments, fees,
 1007         or kickbacks to a qualifying improvement contractor;
 1008         authorizing a program administrator or third-party
 1009         administrator to reimburse a qualifying improvement
 1010         contractor for certain expenses; prohibiting a
 1011         qualifying improvement contractor from providing
 1012         different prices for a qualifying improvement;
 1013         requiring a contract between a property owner or
 1014         nongovernmental lessee and a qualifying improvement
 1015         contractor to include certain provisions; prohibiting
 1016         a program administrator, third-party administrator, or
 1017         qualifying improvement contractor from providing any
 1018         cash payment or anything of material value to a
 1019         property owner or nongovernmental lessee which is
 1020         explicitly conditioned on a financing agreement;
 1021         creating s. 163.086, F.S.; prohibiting a recorded
 1022         financing agreement from being removed from attachment
 1023         to a property under certain circumstances; providing
 1024         for the unenforceability of a financing agreement
 1025         under certain circumstances; providing provisions for
 1026         when a qualifying improvement contractor initiates
 1027         work on an unenforceable contract; providing that a
 1028         qualifying improvement contractor may retrieve chattel
 1029         or fixtures delivered pursuant to an unenforceable
 1030         contract if certain conditions are met; providing that
 1031         an unenforceable contract will remain unenforceable
 1032         under certain circumstances; creating s. 163.087,
 1033         F.S.; requiring a program administrator authorized to
 1034         administer a program for financing a qualifying
 1035         improvement to post on its website an annual report;
 1036         specifying requirements for the report; requiring the
 1037         auditor general to conduct an operational audit of
 1038         each authorized program; providing an effective date.