Florida Senate - 2024                                     SB 770
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00665-24                                            2024770__
    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, subject to a local government ordinance or
   10         resolution regarding the program; requiring the local
   11         government to perform annual reviews of the program
   12         administrator to confirm compliance with the
   13         qualifying improvement program; providing certain
   14         consequences for a substantial violation by a program
   15         administrator; authorizing a local government to incur
   16         debt for the purpose of providing financing for
   17         qualifying improvements; authorizing a local
   18         government to enter into a financing agreement with
   19         the property owner to finance or refinance a
   20         qualifying improvement; providing that the financing
   21         agreement for government commercial property must meet
   22         specified conditions; revising and specifying public
   23         recording requirements for assessment financing
   24         agreements and notices of lien; providing that a
   25         financing agreement for a residential property may not
   26         be approved unless the local government, or the
   27         program administrator acting on its behalf, determines
   28         that certain conditions are met; providing that a
   29         financing agreement for a commercial property may not
   30         be approved unless the local government, or the
   31         program administrator acting on its behalf, reasonably
   32         determines that specified conditions have been met;
   33         requiring the local government or program
   34         administrator to use specified information and records
   35         to determine whether the property owner has the
   36         ability to pay the annual non-ad valorem assessment;
   37         authorizing the local government or program
   38         administrator to consider certain evidence and the
   39         statements by the property owner regarding his or her
   40         income in confirming the property owner’s ability to
   41         pay; authorizing a reduction in the annual assessment
   42         payment under certain circumstances; providing that a
   43         property owner’s failure to disclose certain
   44         information does not invalidate a financing agreement;
   45         requiring the use of generally accepted underwriting
   46         criteria for businesses in determining a property
   47         owner’s ability pay, under certain circumstances;
   48         specifying certain requirements for a local government
   49         or program administrator that offers a qualifying
   50         improvement program for residential properties;
   51         requiring the local government or program
   52         administrator to perform certain tasks if a change
   53         order or proposed change order significantly impacts
   54         an improvement project in certain ways; requiring the
   55         local government or program administrator to include
   56         certain statements in a written disclosure form to the
   57         property owner, which the property owner must agree to
   58         in writing; requiring the local government or program
   59         administrator to provide a printed electronic
   60         cancellation form to the residential property owner by
   61         a certain date; requiring an oral, recorded telephone
   62         call with the residential property owner to review the
   63         details of the financing agreement; authorizing a
   64         residential real property owner, under certain
   65         circumstances and within a certain timeframe, to
   66         cancel a financing agreement without financial
   67         penalty; providing that certain contracts are
   68         unenforceable and prohibiting a qualifying improvement
   69         contractor from initiating work under such contracts;
   70         specifying certain requirements if a qualifying
   71         improvement contractor initiates work on a residential
   72         property under an unenforceable contract; providing a
   73         procedure that must be followed if a qualifying
   74         improvement contractor has delivered chattel or
   75         fixtures to a residential property pursuant to an
   76         unenforceable contract; authorizing a residential
   77         property owner to retain such chattel or fixtures in a
   78         certain circumstance; providing that an otherwise
   79         unenforceable contract is enforceable under certain
   80         circumstances; prohibiting wind-resistance
   81         improvements in certain buildings or facilities in a
   82         financing agreement between a local government and a
   83         residential property owner; authorizing the execution
   84         of a financing agreement for qualifying improvements
   85         before the issuance of a certain certificate or
   86         certain evidence; authorizing progress payments before
   87         completion of a qualifying improvement on a commercial
   88         property if the property owner provides certain
   89         information; providing that a financing agreement with
   90         a commercial property owner may cover resiliency
   91         improvements in certain buildings or facilities
   92         requiring certain work to be performed by properly
   93         certified or registered contractors; revising the
   94         limit for a residential property’s combined mortgage
   95         related debt and total non-ad valorem assessments
   96         funded; providing construction; requiring the local
   97         government or program administrator to have received
   98         the written consent of the holders or loan servicers
   99         of certain mortgages at a specified time; requiring
  100         the property owner to provide written notice within a
  101         specified timeframe to the holders or servicers of any
  102         existing mortgages; revising the seller’s disclosure
  103         statements for residential and commercial properties
  104         offered for sale which have assessments on them for
  105         qualifying improvements; prohibiting certain items in
  106         a financing agreement for residential property;
  107         prohibiting a local government or program
  108         administrator from enrolling a qualifying improvement
  109         contractor that contracts with residential property
  110         owners to install qualifying improvements unless
  111         certain conditions are met; requiring a local
  112         government or program administrator to maintain a
  113         process to enroll new qualifying improvement
  114         contractors which includes certain factors; requiring
  115         the local government or program administrator to
  116         monitor qualifying improvement contractors and enforce
  117         certain sanctions on unscrupulous behavior;
  118         prohibiting a program administrator from being
  119         enrolled as a qualifying improvement contractor;
  120         requiring the local government or program
  121         administrator to confirm that certain work or service
  122         has been completed before disbursing final funds to
  123         the contractor; prohibiting a local government or
  124         program administrator from disclosing maximum
  125         financing amounts to certain persons; requiring that,
  126         in communicating with residential property owners, the
  127         local government, program administrator, or qualifying
  128         improvement contractor comply with certain marketing
  129         and communications guidelines; prohibiting such
  130         entities from certain communication and making certain
  131         statements; prohibiting a qualifying improvement
  132         contractor from advertising the availability of
  133         assessment financing agreements unless certain
  134         exceptions apply; prohibiting a local government or
  135         program administrator from providing certain payments,
  136         fees, or kickbacks; authorizing a local government or
  137         program administrator to provide information or
  138         services to a qualifying improvement contractor to
  139         facilitate certain installations; authorizing a local
  140         government or program administrator to reimburse a
  141         qualifying improvement contractor or third party for
  142         certain expenses; prohibiting a local government or
  143         program administrator from providing certain financial
  144         information to a qualifying improvement contractor;
  145         prohibiting a qualifying improvement contractor from
  146         providing certain prices for a qualifying improvement;
  147         prohibiting a local government or program
  148         administrator from providing any cash payment or
  149         anything of material value to a residential property
  150         owner which is explicitly conditioned on a financing
  151         agreement; authorizing a local government or program
  152         administrator to offer certain programs or promotions;
  153         requiring a local government or program administrator
  154         to conduct regular reviews of qualifying improvement
  155         contractors to confirm their compliance with
  156         requirements; requiring each local government and
  157         program administrator to develop and implement certain
  158         policies and procedures; requiring a local government
  159         that has authorized a residential program to post on
  160         its website an annual report; specifying requirements
  161         for the report; authorizing a local government or
  162         program administrator that offers a qualifying
  163         improvement program for residential property to
  164         finance improvements on commercial property if certain
  165         requirements are met; deleting construction; providing
  166         an effective date.
  167          
  168  Be It Enacted by the Legislature of the State of Florida:
  169  
  170         Section 1. Section 163.08, Florida Statutes, is amended to
  171  read:
  172         163.08 Supplemental authority for improvements to real
  173  property.—
  174         (1)(a) In chapter 2008-227, Laws of Florida, the
  175  Legislature amended the energy goal of the state comprehensive
  176  plan to provide, in part, that the state shall reduce its energy
  177  requirements through enhanced conservation and efficiency
  178  measures in all end-use sectors and reduce atmospheric carbon
  179  dioxide by promoting an increased use of renewable energy
  180  resources. That act also declared it the public policy of the
  181  state to play a leading role in developing and instituting
  182  energy management programs that promote energy conservation,
  183  energy security, and the reduction of greenhouse gases. In
  184  addition to establishing policies to promote the use of
  185  renewable energy, the Legislature provided for a schedule of
  186  increases in energy performance of buildings subject to the
  187  Florida Energy Efficiency Code for Building Construction. In
  188  chapter 2008-191, Laws of Florida, the Legislature adopted new
  189  energy conservation and greenhouse gas reduction comprehensive
  190  planning requirements for local governments. In the 2008 general
  191  election, the voters of this state approved a constitutional
  192  amendment authorizing the Legislature, by general law, to
  193  prohibit consideration of any change or improvement made for the
  194  purpose of improving a property’s resistance to wind damage or
  195  the installation of a renewable energy source device in the
  196  determination of the assessed value of residential real
  197  property.
  198         (b) The Legislature finds that all energy-consuming
  199  improved properties that are not using energy conservation
  200  strategies contribute to the burden affecting all improved
  201  property resulting from fossil fuel energy production. Improved
  202  property that has been retrofitted with energy-related
  203  qualifying improvements receives the special benefit of
  204  alleviating the property’s burden from energy consumption. All
  205  improved properties not protected from wind damage by wind
  206  resistance qualifying improvements contribute to the burden
  207  affecting all improved property resulting from potential wind
  208  damage. An improved commercial property constructed or that has
  209  been retrofitted with qualifying improvements and an improved
  210  residential property retrofitted with wind resistance qualifying
  211  improvements receive receives the special benefit of reducing
  212  the properties’ property’s burden from potential wind damage.
  213  Further, the installation and operation of qualifying
  214  improvements not only benefit the affected properties for which
  215  the improvements are made, but also assist in fulfilling the
  216  goals of the state’s energy and hurricane mitigation policies.
  217  Residential properties that do not use advanced technologies for
  218  wastewater removal contribute to the water quality problems
  219  affecting this state, particularly in coastal areas. Improved
  220  residential property that has been retrofitted with an advanced
  221  onsite sewage treatment and disposal system or that has been
  222  converted to central sewerage significantly improves the quality
  223  of water that may enter streams, lakes, rivers, aquifers, or
  224  coastal areas.
  225         (c) In order to make qualifying improvements more
  226  affordable and assist property owners who wish to undertake such
  227  improvements, the Legislature finds that there is a compelling
  228  state interest in enabling property owners to voluntarily
  229  finance such improvements with local government assistance.
  230         (d)(c) The Legislature determines that the actions
  231  authorized under this section, including, but not limited to,
  232  the financing of qualifying improvements through the execution
  233  of financing agreements and the related imposition of voluntary
  234  assessments are reasonable and necessary to serve and achieve a
  235  compelling state interest and are necessary for the prosperity
  236  and welfare of the state and its property owners and
  237  inhabitants.
  238         (2) As used in this section, the term:
  239         (a) “Commercial property” means real property, other than
  240  residential property, which will be or has been improved by a
  241  qualifying improvement. The term includes, but is not limited
  242  to, the following:
  243         1. A multifamily residential property composed of five or
  244  more dwelling units;
  245         2. A commercial real property;
  246         3. An industrial building or property;
  247         4. An agricultural property;
  248         5. A nonprofit-owned property;
  249         6. A long-term care facility, including a nursing home or
  250  an assisted living facility; or
  251         7. A government commercial property.
  252         (b) “Facility” means all or any portion of a building,
  253  structure, or site improvement, element, or pedestrian or
  254  vehicular route located on a site as defined in s. 202 of the
  255  2020 Florida Building Code.
  256         (c) “Government commercial property” means real property
  257  owned by a local government and leased to a nongovernmental
  258  lessee when the usage by the lessee meets the definition of
  259  commercial property.
  260         (d)(a) “Local government” means a county, a municipality, a
  261  dependent special district as defined in s. 189.012, or a
  262  separate legal entity created pursuant to s. 163.01(7).
  263         (e) “Nongovernmental lessee” means a person or an entity
  264  other than a local government which leases government commercial
  265  property.
  266         (f) “Program administrator” means an entity, including, but
  267  not limited to, a for-profit or not-for-profit entity, with
  268  which a local government has contracted to administer a
  269  qualifying improvement program.
  270         (g) “Qualifying improvement contractor” means an
  271  independent contractor who has been enrolled under a qualifying
  272  improvement program to install or otherwise perform work on
  273  qualifying improvements on residential property which are
  274  financed through the program.
  275         (h)“Qualifying improvement program” means a program
  276  established by a local government, alone or in partnership with
  277  other local governments or a program administrator, to finance
  278  qualifying improvements on residential or commercial real
  279  property.
  280         (i)(b) “Qualifying improvement”: improvement”
  281         1.For residential property, includes any:
  282         a.1. Energy conservation and efficiency improvement, which
  283  is a measure to reduce consumption through conservation or a
  284  more efficient use of electricity, natural gas, propane, or
  285  other forms of energy on the property, including, but not
  286  limited to, air sealing; installation of insulation;
  287  installation of energy-efficient heating, cooling, or
  288  ventilation systems; building modifications to increase the use
  289  of daylight; replacement of windows; installation of energy
  290  controls or energy recovery systems; installation of electric
  291  vehicle charging equipment; and installation of efficient
  292  lighting equipment.
  293         b.2. Renewable energy improvement, which is the
  294  installation of any system in which the electrical, mechanical,
  295  or thermal energy is produced from a method that uses one or
  296  more of the following fuels or energy sources: hydrogen, solar
  297  energy, geothermal energy, bioenergy, and wind energy.
  298         c.3. Wind resistance improvement, which includes, but is
  299  not limited to:
  300         (I)a. Improving the strength of the roof deck attachment;
  301         (II)b. Creating a secondary water barrier to prevent water
  302  intrusion;
  303         (III)c. Installing wind-resistant shingles;
  304         (IV)d. Installing gable-end bracing;
  305         (V)e. Reinforcing roof-to-wall connections;
  306         (VI)f. Installing storm shutters; or
  307         (VII)g. Installing opening protections.
  308         d.Wastewater improvement, which includes, but is not
  309  limited to:
  310         (I)Removing, replacing, or improving an onsite sewage
  311  treatment and disposal system with a secondary or advanced
  312  onsite sewage treatment and disposal system or technology;
  313         (II)Replacing or converting an onsite sewage treatment and
  314  disposal system to a central sewerage system or distributed
  315  sewerage system, including, but not limited to, installing a
  316  sewer lateral and any components necessary to connect the onsite
  317  sewage treatment and disposal system or the building’s plumbing
  318  to a central sewerage system or distributed sewerage system; or
  319         (III)Performing any removal, repairs, or modifications to
  320  an onsite sewage treatment and disposal system, including any
  321  repair, modification, or replacement of a system required under
  322  a local ordinance enacted pursuant to ss. 381.0065 and
  323  381.00651.
  324         e.Flood and water damage mitigation and resiliency
  325  improvement, which includes, but is not limited to, projects and
  326  installation for:
  327         (I)Raising a structure above the base flood elevation to
  328  reduce flood damage;
  329         (II)Constructing a flood diversion apparatus or seawall
  330  improvement that includes seawall repairs and seawall
  331  replacements;
  332         (III)Purchasing flood-damage-resistant building materials;
  333         (IV)Making electrical, mechanical, plumbing, or other
  334  system improvements that reduce flood damage; or
  335         (V)Making other improvements that qualify for reductions
  336  in flood insurance premiums.
  337         2.For commercial property, includes any:
  338         a.Energy conservation and efficiency improvement, which is
  339  a measure designed to reduce consumption through conservation or
  340  a more efficient use of electricity, natural gas, propane, or
  341  other forms of energy on the property, including, but not
  342  limited to, air sealing; installation of insulation;
  343  installation of energy-efficient heating, cooling, or
  344  ventilation systems; building modifications to increase the use
  345  of daylight; replacement of windows; installation of energy
  346  controls or energy recovery systems; installation of electric
  347  vehicle charging equipment; installation of efficient lighting
  348  equipment; or any other improvements necessary to achieve a
  349  sustainable building rating or compliance with a national model
  350  green building code.
  351         b.Renewable energy improvement, which is the installation
  352  of any system in which the electrical, mechanical, or thermal
  353  energy is produced from a method that uses one or more of the
  354  following fuels or energy sources: hydrogen, solar energy,
  355  geothermal energy, bioenergy, or wind energy.
  356         c.Resiliency improvement, which includes, but is not
  357  limited to:
  358         (I)Improving the strength of the roof deck attachment;
  359         (II)Creating a secondary water barrier to prevent water
  360  intrusion;
  361         (III)Installing wind-resistant shingles;
  362         (IV)Installing gable-end bracing;
  363         (V)Reinforcing roof-to-wall connections;
  364         (VI)Installing storm shutters;
  365         (VII)Installing opening protections;
  366         (VIII)Creating or improving stormwater and flood
  367  resiliency, including shoreline improvements; or
  368         (IX)Making any other improvements necessary to achieve a
  369  sustainable building rating or compliance with a national model
  370  resiliency standard and any improvements to a structure to
  371  achieve wind or flood insurance rate reductions, including
  372  building elevation.
  373         (j)“Residential property” means a residential real
  374  property composed of four or fewer dwelling units which has been
  375  or will be improved by a qualifying improvement.
  376         (3) A local government may levy non-ad valorem assessments
  377  to fund qualifying improvements.
  378         (4) Subject to a local government ordinance or resolution
  379  authorizing a local government to offer a qualifying improvement
  380  program for residential property or a qualifying improvement
  381  program for commercial property in that county or municipality,
  382  a residential or commercial property owner located in that
  383  county or municipality may apply to the appropriate qualifying
  384  improvement program local government for funding to finance a
  385  qualifying improvement and enter into a financing agreement with
  386  the local government. Costs incurred by the local government for
  387  such purpose may be collected as a non-ad valorem assessment. A
  388  non-ad valorem assessment must shall be collected pursuant to s.
  389  197.3632 and, notwithstanding s. 197.3632(8)(a), is shall not be
  390  subject to discount for early payment. However, the notice and
  391  adoption requirements of s. 197.3632(4) do not apply if this
  392  section is used and complied with, and the intent resolution,
  393  publication of notice, and mailed notices to the property
  394  appraiser, tax collector, and Department of Revenue required by
  395  s. 197.3632(3)(a) may be provided on or before August 15 in
  396  conjunction with any non-ad valorem assessment authorized by
  397  this section, if the property appraiser, tax collector, and
  398  local government agree.
  399         (5) Pursuant to this section or as otherwise provided by
  400  law or pursuant to a local government’s home rule power, a local
  401  government may enter into a partnership with one or more local
  402  governments for the purpose of providing and financing
  403  qualifying improvements.
  404         (6) A qualifying improvement program may be administered by
  405  a for-profit entity or a not-for-profit organization on behalf
  406  of and at the discretion of the local government. The local
  407  government must include in any contract with the program
  408  administrator the right to perform annual reviews of the program
  409  administrator to confirm compliance with qualifying improvement
  410  programs for residential properties. In the event the local
  411  government determines that there is a substantial violation by a
  412  program administrator, the local government must provide the
  413  program administrator with notice of the violation and place the
  414  program administrator in a probationary program.
  415         (7) A local government may incur debt for the purpose of
  416  providing financing for qualifying such improvements, which debt
  417  is payable from revenues received from the improved property, or
  418  any other available revenue source authorized by law.
  419         (8)(a) A local government may enter into a financing
  420  agreement to finance or refinance a qualifying improvement only
  421  with the record owner of the affected property. For government
  422  commercial property, the financing agreement must be executed by
  423  the nongovernmental lessee with the written consent of the
  424  governmental lessor. Evidence of such consent must be provided
  425  to the local government. The financing agreement with the
  426  nongovernmental lessee must provide that the nongovernmental
  427  lessee is the only party obligated to pay the assessment.
  428         (b) Any financing agreement entered into pursuant to this
  429  section or a summary memorandum of such agreement must shall be
  430  submitted for recording recorded in the public records of the
  431  county within which the property is located by the sponsoring
  432  unit of local government within 10 5 days after execution of the
  433  agreement. The recorded agreement provides shall provide
  434  constructive notice that the non-ad valorem assessment to be
  435  levied on the property constitutes a lien of equal dignity to
  436  county taxes and assessments from the date of recordation. A
  437  notice of lien for the full amount of the financing may be
  438  recorded in the public records of the county where the property
  439  is located. Such lien is not enforceable in a manner that
  440  results in the acceleration of the remaining nondelinquent
  441  unpaid balance under the assessment financing agreement.
  442         (9)(a)Before entering into A financing agreement for a
  443  residential property may not be approved unless, the local
  444  government, or a program administrator acting on its behalf,
  445  determines, based on a review of public records derived from a
  446  commercially accepted source, and the statements and records of
  447  the property owner or the property owner’s credit reports, shall
  448  reasonably determine that all of the following conditions have
  449  been met:
  450         1. All property taxes and any other assessments levied on
  451  the same bill as property taxes are current paid and have not
  452  been delinquent for the preceding 3 years or the property
  453  owner’s period of ownership, whichever is less.;
  454         2.That There are no involuntary liens, including, but not
  455  limited to, construction liens on the property.;
  456         3.There are that no notices of default or other evidence
  457  of property-based debt delinquency which have been recorded
  458  during the preceding 3 years or the property owner’s period of
  459  ownership, whichever is less.; and that
  460         4. The property owner is current on all mortgage debt on
  461  the property.
  462         5.The property owner agrees in writing to receive the
  463  disclosure statements required by paragraph (11)(c).
  464         6.The property is within the geographic boundaries of the
  465  applicable qualifying improvement program.
  466         7.The term of the financing agreement does not exceed:
  467         a.For a single qualifying improvement, the estimated
  468  useful life of the qualifying improvement.
  469         b.For multiple qualifying improvements, the lesser of:
  470         (I)Thirty years; or
  471         (II)The greater of either the weighted average estimated
  472  useful life of all qualifying improvements being financed or the
  473  estimated useful life of the qualifying improvements to which
  474  the greatest portion of funds is disbursed. The local government
  475  or program administrator, as applicable, shall determine the
  476  useful life of a qualifying improvement using established third
  477  party standards, including certification criteria from
  478  government agencies or nationally recognized standards and
  479  testing organizations.
  480         8.The property owner is not currently the subject of
  481  bankruptcy proceedings.
  482         9.The property is not subject to an existing home equity
  483  conversion mortgage or a reverse mortgage product.
  484         10.The property is not a residential property gifted to a
  485  homeowner for free by a nonprofit entity as may be disclosed by
  486  the property owner. The failure of a property owner to disclose
  487  the gift does not invalidate a financing agreement or any
  488  obligation thereunder.
  489         11.For qualifying improvements for solar energy, the
  490  property owner has obtained estimates from at least two
  491  unaffiliated, competitive entities, one of which is a qualifying
  492  improvement contractor, for the qualifying improvement to be
  493  financed. This requirement may be waived by the property owner
  494  through a separately signed written disclosure.
  495         12.The local government or program administrator, as
  496  applicable, has asked if the property owner has obtained or
  497  sought to obtain additional qualifying improvements on the same
  498  property which have not yet been recorded. The failure of a
  499  property owner to disclose such information does not invalidate
  500  a financing agreement or any obligation thereunder, even if the
  501  total financed amount of the qualifying improvement exceeds the
  502  amount that would otherwise be authorized under paragraph
  503  (15)(a). The existence of a prior qualifying improvement non-ad
  504  valorem assessment or a prior financing agreement is not
  505  evidence that the financing agreement under consideration is
  506  affordable or meets other program requirements.
  507         (b)A financing agreement for a commercial property may not
  508  be approved unless the local government, or the program
  509  administrator acting on its behalf, determines, based on a
  510  review of public records derived from a commercially accepted
  511  source and the statements and records of the property owner,
  512  that all of the following conditions have been met:
  513         1.All property taxes and any other assessments levied on
  514  the same bill as the property taxes are current.
  515         2.There are no involuntary liens greater than $10,000,
  516  including, but not limited to, construction liens, on the
  517  property.
  518         3.No notices of default or other evidence of property-
  519  based debt delinquency have been recorded and not released
  520  during the preceding 3 years or the property owner’s period of
  521  ownership, whichever is less.
  522         4.The property owner is current on all mortgage debt on
  523  the property.
  524         (10)In addition to reviewing public records derived from a
  525  commercially accepted source, the statements and records of the
  526  property owner, or the property owner’s credit reports, and
  527  before a local government or program administrator, as
  528  applicable, approves the financing of a qualifying improvement
  529  on residential property, the local government or program
  530  administrator must use information contained in the property
  531  owner’s application, commercially accepted third-party records,
  532  or an automated verification system to determine whether the
  533  property owner has the ability to pay the annual non-ad valorem
  534  assessment for the qualifying improvement. The local government
  535  or program administrator, as applicable, must review the
  536  property owner’s household income. To do so, the program
  537  administrator shall, at a minimum, use the underwriting
  538  requirements specified in subsection (9), confirm that the
  539  property owner is not in bankruptcy, and determine that the
  540  total estimated annual payment amount for all financing
  541  agreements funded under this section on the property does not
  542  exceed 10 percent of the property owner’s annual household
  543  income. In reviewing the property owner’s ability to pay, the
  544  local government or program administrator, as applicable, when
  545  determining the household income:
  546         (a)May include the income of any persons who reside on the
  547  property but who are not property owners;
  548         (b)May consider statements by the property owner regarding
  549  the property owner’s income, but income may not be confirmed
  550  solely by such statements;
  551         (c)May not consider the equity in the property that will
  552  secure the non-ad valorem assessment; and
  553         (d)May confirm income by use of any of the following:
  554         1.Information or income models gathered from and prepared
  555  by reputable third parties which provide commercially acceptable
  556  evidence of the property owner’s household income.
  557         2.Federal and state tax returns.
  558         3.Statements prepared by a certified public accountant.
  559         4.Bank statements.
  560         5.Credit reports.
  561         6.Retirement accounts.
  562         7.Social security statements.
  563         8.Trust documents.
  564         9.Any other reputable sources of financial information.
  565         (e)If a court or tribunal determines, by clear and
  566  convincing evidence, that the program administrator’s
  567  determination of the property owner’s ability to pay was not
  568  objectively reasonable based on the information provided by the
  569  property owner, the annual assessment payment must be reduced by
  570  an amount that is within the property owner’s ability to pay.
  571  This paragraph does not require or authorize the administrator
  572  to reduce the amount owed on the assessment.
  573         (f)The failure of a property owner to disclose public
  574  records, statements, or a credit report does not invalidate a
  575  financing agreement or any obligation thereunder, even if the
  576  total estimated annual payment amount exceeds the amount that
  577  would otherwise be authorized under this subsection.
  578         (g)In determining the property owner’s ability to pay the
  579  estimated annual assessment amount, when either annual household
  580  income is not applicable to a commercial property specified in
  581  subsection (25) or the ownership of residential property is
  582  vested in a corporate entity or form, if the estimated amount of
  583  financing is less than $750,000, the local government or program
  584  administrator, as applicable, must use generally accepted
  585  underwriting criteria for businesses.
  586         (11)Each local government or program administrator that
  587  offers a qualifying improvement program for residential
  588  properties shall:
  589         (a)Develop a written disclosure form, which may be
  590  presented in electronic format, which must be provided to a
  591  residential property owner before he or she executes the
  592  financing agreement and which contains the key terms of the
  593  agreement, including:
  594         1.A description of the qualifying improvement;
  595         2.The estimated total financed amount, including the
  596  itemized cost of the qualifying improvement, ancillary work,
  597  program fees, and prepaid interest, if any;
  598         3.The annual non-ad valorem assessment process and
  599  estimated annual payment schedule;
  600         4.The estimated amount of the annual non-ad valorem
  601  assessment;
  602         5.The term of the total financed amount;
  603         6.The interest rate for the financed amount;
  604         7.The estimated annual percentage rate;
  605         8.The total estimated annual costs that the residential
  606  property owner will be required to pay under the assessment
  607  contract, including program fees;
  608         9.The total estimated average monthly equivalent amount of
  609  funds that the residential property owner would have to save in
  610  order to pay the annual costs of the non-ad valorem assessment,
  611  including program fees; and
  612         10.The estimated due date of the residential property
  613  owner’s first property tax payment that includes the non-ad
  614  valorem assessment.
  615         (b)When a change order or proposed change order on a
  616  project significantly increases the cost of the original project
  617  or significantly expands the scope of the original project,
  618  notify the property owner, confirm the change with the property
  619  owner, and provide an updated written disclosure form as
  620  described in paragraph (a) to the property owner.
  621         (c)Include the following statements verbatim and in the
  622  following order in the written disclosure form, each of which
  623  must be individually agreed to in writing by the property owner:
  624         1.I understand that if I sell or refinance the property,
  625  I may be required to pay off the outstanding financed amount as
  626  a condition of the sale or the refinance of the property.” This
  627  statement must be in at least 24–point boldfaced type.
  628         2.I understand that the annual non-ad valorem assessment
  629  will be paid when property taxes are paid and will result in a
  630  lien being placed on my property.
  631         3.I understand that the annual non-ad valorem assessment
  632  will be added to my property tax bill and that if I pay my
  633  property taxes through my mortgage payment using an escrow
  634  account, I must notify my mortgage lender.
  635         4.I understand that if I fail to pay the annual non-ad
  636  valorem assessment, I may incur penalties and fees and the local
  637  government may issue a tax certificate that might result in the
  638  loss of my property.
  639         5.I understand that any potential utility or insurance
  640  savings are not guaranteed and will not reduce the annual non-ad
  641  valorem assessment or total assessment amount.
  642         6.I understand that I have 5 days to cancel the financing
  643  agreement and that this 5-day period expires at midnight on the
  644  5th business day after I sign the agreement.
  645         7.I understand that the local government, program
  646  administrator, or qualifying improvement contractor does not
  647  provide tax advice and that I should seek professional tax
  648  advice if I have questions regarding tax credits, tax
  649  deductibility, or other tax impacts of the qualifying
  650  improvement or the assessment contract.
  651         8.I understand that I cannot be assessed a penalty if I
  652  prepay the outstanding financed amount.
  653         (d)Provide a printed or electronic cancellation form to
  654  the residential property owner no later than the date that the
  655  property owner signs the financing agreement. The cancellation
  656  form must allow the property owner to cancel the contract within
  657  the 5-day period specified in subparagraph (c)6.
  658         (e)Before a notice to proceed is issued, conduct, with at
  659  least one residential property owner or an individual who is not
  660  affiliated or associated with the local government, program
  661  administrator, or qualifying improvement contractor and who is
  662  legally authorized to act on behalf of the property owner, an
  663  oral, recorded telephone call, during which the local government
  664  or program administrator must use plain language. The local
  665  government or program administrator, as applicable, shall ask
  666  the residential property owner or authorized representative if
  667  he or she would like to communicate primarily in a language
  668  other than English. A local government or program administrator,
  669  as applicable, may not leave a voicemail for the residential
  670  property owner or authorized representative to satisfy this
  671  requirement. A local government or program administrator, as
  672  applicable, as part of this telephone call, must confirm with
  673  the residential property owner or authorized representative all
  674  of the following:
  675         1.That at least one residential property owner has access
  676  to a copy of the financing agreement and financing estimates and
  677  disclosures.
  678         2.The qualifying improvement that is being financed.
  679         3.The total estimated annual costs that the residential
  680  property owner will have to pay under the financing agreement,
  681  including program fees.
  682         4.The total estimated average monthly equivalent amount of
  683  funds that the residential property owner would have to save in
  684  order to pay the annual costs of the non-ad valorem assessment,
  685  including program fees.
  686         5.The estimated due date of the residential property
  687  owner’s first property tax payment that includes the non-ad
  688  valorem assessment.
  689         6.The term of the financing agreement.
  690         7.That payments for the financing agreement will cause the
  691  residential property owner’s annual tax bill to increase and
  692  that payments will be made through an additional annual non-ad
  693  valorem assessment on the property and will be paid either
  694  directly to the county tax collector’s office as part of the
  695  total annual secured property tax bill or may be paid through
  696  the residential property owner’s mortgage escrow account.
  697         8.That the qualifying residential property owner has
  698  disclosed whether he or she has received or is seeking
  699  additional non-ad valorem assessments and has disclosed all
  700  other assessments or special taxes that are or are projected to
  701  be placed on the property.
  702         9.That the property will be subject to a lien during the
  703  term of the financing agreement and that the obligations under
  704  the agreement may be required to be paid in full before the
  705  residential property owner sells or refinances the property.
  706         10.That any potential utility or insurance savings are not
  707  guaranteed and will not reduce the annual non-ad valorem
  708  assessment or total assessment amount.
  709         11.That the local government, program administrator, or
  710  qualifying improvement contractor does not provide tax advice
  711  and that the residential property owner should seek professional
  712  tax advice if he or she has questions regarding tax credits, tax
  713  deductibility, or other tax impacts of the qualifying
  714  improvement or the financing agreement.
  715         (12)(a)A residential property owner may cancel a financing
  716  agreement within 5 business days after signing the financing
  717  agreement without being assessed a financial penalty by the
  718  local government or program administrator, as applicable.
  719         (b)A contract to sell or install a qualifying improvement
  720  that is related to an application for financing in a qualifying
  721  improvement program for a residential property is unenforceable,
  722  and a qualifying improvement contractor may not begin work under
  723  such a contract, if the property owner applied for, accepted,
  724  and canceled a qualifying improvement financing agreement within
  725  the 5-business-day right-to-cancel period set forth in paragraph
  726  (a).
  727         (c)If a qualifying improvement contractor has initiated
  728  work on a residential property under a contract deemed
  729  unenforceable under this subsection, the qualifying improvement
  730  contractor:
  731         1.May not receive compensation for that work under the
  732  financing agreement.
  733         2.Must restore the property to its original condition at
  734  no cost to the property owner.
  735         3.Must immediately return any money, property, and other
  736  consideration given by the property owner. If the property owner
  737  provided any property and the qualifying improvement contractor
  738  does not or cannot return it, the qualifying improvement
  739  contractor must immediately return the fair market value of the
  740  property or its value as designated in the contract, whichever
  741  is greater.
  742         (d)If the qualifying improvement contractor has delivered
  743  chattel or fixtures to the residential property pursuant to a
  744  contract deemed unenforceable under this subsection, the
  745  qualifying improvement contractor has 90 days after the date on
  746  which the contract was executed to retrieve the chattel or
  747  fixtures, provided that:
  748         1.The qualifying improvement contractor has fulfilled the
  749  requirements of subparagraphs (c)2. and 3.
  750         2.The chattel and fixtures can be removed at the
  751  qualifying improvement contractor’s expense without damaging the
  752  property owner’s property.
  753         (e)If a qualifying improvement contractor fails to comply
  754  with this subsection, the residential property owner may retain
  755  any chattel or fixtures provided pursuant to a contract deemed
  756  unenforceable under this subsection.
  757         (f)A contract that is otherwise unenforceable under this
  758  subsection remains enforceable if the residential property owner
  759  waives his or her right to cancel the contract or cancels the
  760  financing agreement under paragraph (a) but allows the
  761  qualifying improvement contractor to proceed with the
  762  installation of the qualifying improvement.
  763         (13)(10)To constitute an improvement to a building or
  764  facility, a qualifying improvement must shall be affixed to a
  765  building or facility that is part of the property and shall
  766  constitute an improvement to the building or facility or a
  767  fixture attached to the building or facility.
  768         (a)A financing An agreement between a local government and
  769  a residential qualifying property owner may not cover wind
  770  resistance improvements in buildings or facilities under new
  771  construction or construction for which a certificate of
  772  occupancy or similar evidence of substantial completion of new
  773  construction or improvement has not been issued.
  774         (b)A financing agreement may be executed for qualifying
  775  improvements in the construction of a commercial property before
  776  a certificate of occupancy or similar evidence of substantial
  777  completion of new construction or improvement is issued.
  778  Progress payments, or payments made before completion, are
  779  allowed for commercial properties, provided that the property
  780  owner subsequently provides, upon request for a final progress
  781  payment disbursement, written verification to the local
  782  government confirming that the qualifying improvements are
  783  completed and operating as intended. A financing agreement with
  784  a commercial property owner may cover resiliency improvements in
  785  buildings or facilities under new construction or construction
  786  for which a certificate of occupancy or similar evidence of
  787  substantial completion of new construction or improvement has
  788  not been issued.
  789         (14)(11) Any work requiring a license under any applicable
  790  law to make a qualifying improvement must shall be performed by
  791  a contractor properly certified or registered pursuant to part I
  792  or part II of chapter 489.
  793         (15)(a)(12)(a) Without the consent of the holders or loan
  794  servicers of any mortgage encumbering or otherwise secured by
  795  the residential property:,
  796         1. The total amount of any non-ad valorem assessment for a
  797  residential property under this section may not exceed 20
  798  percent of the fair market just value of the property as
  799  determined by the county property appraiser.
  800         2.The combined mortgage-related debt and total amount of
  801  any non-ad valorem assessments funded under this section for
  802  residential property may not exceed 97 percent of the fair
  803  market value of the residential property. The failure of a
  804  property owner to disclose information set forth in paragraph
  805  (9)(a) does not invalidate a financing agreement or any
  806  obligation thereunder, even if the total financed amount of the
  807  qualifying improvements exceeds the amount that would otherwise
  808  be authorized under this paragraph. For purposes of this
  809  paragraph, fair market value may be determined using third-party
  810  valuations based on reputable methodologies.
  811         (b) Before entering into a financing agreement with the
  812  owner of a commercial property, except those commercial
  813  properties specified in subsection (25), the local government or
  814  program administrator, as applicable, must have received the
  815  written consent of the current holders or loan servicers of any
  816  mortgage that encumbers or is otherwise secured by the property
  817  or that will otherwise be secured by the property at the time
  818  the financing agreement is executed by the local government or
  819  program administrator notwithstanding paragraph (a), a non-ad
  820  valorem assessment for a qualifying improvement defined in
  821  subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported
  822  by an energy audit is not subject to the limits in this
  823  subsection if the audit demonstrates that the annual energy
  824  savings from the qualified improvement equals or exceeds the
  825  annual repayment amount of the non-ad valorem assessment.
  826         (16)(13) At least 30 days before entering into a financing
  827  agreement, the property owner shall provide to the holders or
  828  loan servicers of any existing mortgages encumbering or
  829  otherwise secured by the property a written notice of the
  830  owner’s intent to enter into a financing agreement together with
  831  the maximum principal amount to be financed and the maximum
  832  annual assessment necessary to repay that amount. A verified
  833  copy or other proof of such notice must shall be provided to the
  834  local government or program administrator, as applicable. A
  835  provision in any agreement between a mortgagee or other
  836  lienholder and a property owner, or otherwise now or hereafter
  837  binding upon a property owner, which allows for acceleration of
  838  payment of the mortgage, note, or lien or other unilateral
  839  modification solely as a result of entering into a financing
  840  agreement as provided for in this section is not enforceable.
  841  This subsection does not limit the authority of the holder or
  842  loan servicer to increase the required monthly escrow by an
  843  amount necessary to annually pay the annual qualifying
  844  improvement assessment.
  845         (17)(14) At or before the time a seller purchaser executes
  846  a contract for the sale and purchase of any property for which a
  847  non-ad valorem assessment has been levied under this section and
  848  has an unpaid balance due, the seller shall give the prospective
  849  purchaser a written disclosure statement in the following form,
  850  which must shall be set forth in the contract or in a separate
  851  writing.:
  852         (a)For residential property:
  853  
  854         QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE
  855  ENERGY, ADVANCED TECHNOLOGIES FOR WASTEWATER REMOVAL, OR WIND
  856  RESISTANCE.—The property being purchased is located within the
  857  jurisdiction of a local government that has placed an assessment
  858  on the property pursuant to s. 163.08, Florida Statutes. The
  859  assessment is for a qualifying improvement to the property
  860  relating to energy efficiency, renewable energy, advanced
  861  technologies for wastewater removal, or wind resistance, and is
  862  not based on the value of the property. You are encouraged to
  863  contact the county property appraiser’s office to learn more
  864  about this and other assessments that may be provided by law.
  865         (b)For a commercial property:
  866  
  867         QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE
  868  ENERGY, OR RESILIENCY.—The property being purchased is located
  869  within the jurisdiction of a local government that has placed an
  870  assessment on the property pursuant to s. 163.08, Florida
  871  Statutes. The assessment is for a qualifying improvement to the
  872  property relating to energy efficiency, renewable energy, or
  873  resiliency, and is not based on the value of the property. You
  874  are encouraged to contact the county property appraiser’s office
  875  to learn more about this and other assessments that may be
  876  provided for by law.
  877  
  878         (18)A financing agreement authorized under this section on
  879  residential property may not include any of the following:
  880         (a)A negative amortization schedule. Capitalized interest
  881  included in the original balance of the financing agreement does
  882  not constitute negative amortization.
  883         (b)A balloon payment.
  884         (c)Prepayment fees, other than nominal administrative
  885  costs.
  886         (19)For residential property, a local government or
  887  program administrator:
  888         (a)May not enroll a qualifying improvement contractor who
  889  contracts with residential property owners to install qualifying
  890  improvements unless:
  891         1.The local government or program administrator, as
  892  applicable, determines that the qualifying improvement
  893  contractor maintains in good standing an appropriate license
  894  from the state, if applicable, as well as any other permits,
  895  licenses, or registrations required for engaging in its business
  896  in the jurisdiction in which it operates and maintains all
  897  state-required bond and insurance coverage.
  898         2.The local government or program administrator, as
  899  applicable, obtains the qualifying improvement contractor’s
  900  written agreement that the qualifying improvement contractor
  901  will comply with all applicable laws, including applicable
  902  advertising and marketing laws and rules and the requirements of
  903  this section.
  904         (b)Must maintain a process to enroll new qualifying
  905  improvement contractors which includes review of the following
  906  for each contractor:
  907         1.Relevant work or project history.
  908         2.Financial and reputational background checks.
  909         3.The contractor’s status on the Better Business Bureau
  910  platform or other online platform that tracks contractor
  911  reviews.
  912         (c)Must establish and maintain a process for monitoring
  913  qualifying improvement contractors with regard to performance
  914  and compliance with program policies and must implement policies
  915  for suspending, reinstating, and terminating qualifying
  916  improvement contractors based on violations of program policies
  917  or unscrupulous behavior. A program administrator, either
  918  directly or through an affiliate, may not be enrolled as a
  919  qualifying improvement contractor.
  920         (20)(a)Before disbursing final funds to a qualifying
  921  improvement contractor for a qualifying improvement on
  922  residential property, the local government or program
  923  administrator, as applicable, must confirm that the applicable
  924  work or service has been completed or that the final permit for
  925  the qualifying improvement has been closed with all permit
  926  requirements satisfied.
  927         (b)A local government or program administrator, as
  928  applicable, may not disclose the maximum financing amount for
  929  which a residential property owner is eligible to a qualifying
  930  improvement contractor or to a third party engaged in soliciting
  931  financing agreements financed pursuant to this section.
  932         (21)When communicating with residential property owners, a
  933  local government, program administrator, or qualifying
  934  improvement contractor may not:
  935         (a)Suggest or imply:
  936         1.That a non-ad valorem assessment authorized under this
  937  section is a government assistance program;
  938         2.That qualifying improvements are free or provided at no
  939  cost, or that the financing related to a non-ad valorem
  940  assessment authorized under this section is free or provided at
  941  no cost; or
  942         3.That the financing of a qualifying improvement using the
  943  program authorized pursuant to this section does not require the
  944  property owner to repay the financial obligation.
  945         (b)Make any representation as to the tax deductibility of
  946  a non-ad valorem assessment on residential property. A local
  947  government, program administrator, or qualifying improvement
  948  contractor, or a third party engaged in marketing on behalf of
  949  such entities, may encourage a property owner to seek the advice
  950  of a tax professional regarding tax matters related to
  951  assessments.
  952         (22)(a)A qualifying improvement contractor may not
  953  advertise the availability of financing agreements for, or
  954  solicit residential property owners on behalf of, the local
  955  government or program administrator unless:
  956         1.The qualifying improvement contractor maintains the
  957  appropriate registration or certification from the Construction
  958  Industry Licensing Board or any other permit, license, or
  959  registration required to conduct business in the jurisdiction in
  960  which it operates, and provides proof of having the required
  961  bond and insurance coverage amounts.
  962         2.The local government or program administrator, as
  963  applicable, obtains the qualifying improvement contractor’s
  964  written agreement that the qualifying improvement contractor
  965  will comply with applicable laws and rules and qualifying
  966  improvement program policies and procedures, including those on
  967  advertising and marketing.
  968         (b)A local government or program administrator may not
  969  provide any payment, fee, or kickback to a qualifying
  970  improvement contractor for referring financing business relating
  971  to a specific financing agreement on a residential property.
  972  However, a local government or program administrator may provide
  973  information or services to a qualifying improvement contractor
  974  to facilitate the installation of a qualifying improvement for a
  975  property owner.
  976         (c)A local government or program administrator may
  977  reimburse a qualifying improvement contractor or third party for
  978  its expenses in advertising and marketing campaigns and
  979  materials.
  980         (d)A local government or program administrator may not
  981  provide to a qualifying improvement contractor any information
  982  that discloses the amount of funds for which a property owner is
  983  eligible for qualifying improvements or the amount of equity in
  984  a property.
  985         (e)For residential properties, a qualifying improvement
  986  contractor may not provide a different price for a qualifying
  987  improvement financed under this section than the price that the
  988  qualifying improvement contractor would otherwise provide if the
  989  qualifying improvement was not being financed through an
  990  assessment financing agreement.
  991         (f)A local government or program administrator may not
  992  provide any direct cash payment or other thing of material value
  993  to a residential property owner which is explicitly conditioned
  994  upon the property owner entering into a financing agreement.
  995  However, a local government or program administrator may offer
  996  programs or promotions that provide reduced fees or interest
  997  rates if the reduced fees or interest rates are reflected in the
  998  financing agreements and are not provided to the property owners
  999  as cash consideration.
 1000         (g)A local government or program administrator must
 1001  conduct regular reviews of qualifying improvement contractors to
 1002  confirm ongoing compliance with this subsection. If the local
 1003  government or program administrator determines that there is a
 1004  substantial violation by a qualifying improvement contractor,
 1005  the local government or program administrator must provide the
 1006  contractor with notice of the violation and place the contractor
 1007  in a probationary program.
 1008         (23)Each local government and program administrator must
 1009  develop and implement policies and procedures for responding to,
 1010  tracking, and resolving questions and complaints about its
 1011  qualifying improvement program for residential properties.
 1012         (24)Each local government that has authorized a qualifying
 1013  improvement program for residential properties shall post on its
 1014  website an annual report for the period ending December 31 each
 1015  year containing the following information:
 1016         (a)The number of qualifying improvements funded.
 1017         (b)The aggregate, average, and median dollar amounts of
 1018  annual non-ad valorem assessments and the total number of non-ad
 1019  valorem assessments that funded qualifying improvements.
 1020         (c)The percentage, number, and dollar value of non-ad
 1021  valorem assessments that funded qualifying improvements,
 1022  aggregated by the following category types: energy efficiency,
 1023  renewable energy, wind resistance, residential property
 1024  wastewater, commercial property resiliency, and other commercial
 1025  property qualifying improvements.
 1026         (d)The number of defaulted non-ad valorem assessments,
 1027  including the total number and defaulted amount, the number and
 1028  dates of missed payments, the total number of parcels in default
 1029  and the years in default, and the percentage of defaults by
 1030  total assessments.
 1031         (e)A summary of all reported complaints received by the
 1032  local government and its program administrators related to
 1033  authorized qualifying improvements programs, including the
 1034  resolution of each complaint.
 1035         (f)The estimated number of jobs created.
 1036         (g)The number and percentage of homeowners 60 years of age
 1037  or older participating in a qualifying improvement program. This
 1038  report must be posted no later than April 1 of the year
 1039  following the calendar year covered by the report.
 1040         (25)Each local government or program administrator that
 1041  offers a qualifying improvement program for residential
 1042  properties may finance qualifying improvements on commercial
 1043  property if the estimated amount of financing on the commercial
 1044  property does not exceed $750,000, subject to paragraph (10)(g).
 1045         (15) A provision in any agreement between a local
 1046  government and a public or private power or energy provider or
 1047  other utility provider is not enforceable to limit or prohibit
 1048  any local government from exercising its authority under this
 1049  section.
 1050         (16) This section is additional and supplemental to county
 1051  and municipal home rule authority and not in derogation of such
 1052  authority or a limitation upon such authority.
 1053         Section 2. This act shall take effect July 1, 2024.