Florida Senate - 2024                       CS for CS for SB 770
       
       
        
       By the Committees on Fiscal Policy; and Community Affairs; and
       Senator Martin
       
       
       
       
       594-02696-24                                           2024770c2
    1                        A bill to be entitled                      
    2         An act relating to improvements to real property;
    3         amending s. 163.08, F.S.; deleting provisions relating
    4         to legislative findings and intent; defining terms and
    5         revising definitions; creating ss. 163.081 and
    6         163.082, F.S.; allowing a program administrator to
    7         offer a program for financing qualifying improvements
    8         for residential or commercial property when authorized
    9         by a county or municipality; requiring an authorized
   10         program administrator that administers an authorized
   11         program to meet certain requirements; authorizing a
   12         county or municipality to enter into an interlocal
   13         agreement to implement a program; authorizing a
   14         program administrator to contract with third-party
   15         administrators to implement the program; authorizing a
   16         program administrator to levy non-ad valorem
   17         assessments for a certain purpose; providing for
   18         compensation for tax collectors for actual costs
   19         incurred to collect non-ad valorem assessments;
   20         authorizing a program administrator to incur debt for
   21         the purpose of providing financing for qualifying
   22         improvements; authorizing the owner of the residential
   23         property or commercial property or certain
   24         nongovernmental lessees to apply to the program
   25         administrator to finance a qualifying improvement;
   26         requiring the program administrator to make certain
   27         findings before entering into a financing agreement;
   28         requiring the program administrator to ascertain
   29         certain financial information from the property owner
   30         or nongovernmental lessee before entering into a
   31         financing agreement; requiring certain documentation;
   32         requiring an advisement and notification for certain
   33         qualifying improvements; requiring certain financing
   34         agreement and contract provisions for change orders
   35         under certain circumstances; prohibiting a financing
   36         agreement from being entered into under certain
   37         circumstances; requiring the program administrator to
   38         provide certain information before a financing
   39         agreement may be approved; requiring an oral, recorded
   40         telephone call with the residential property owner to
   41         confirm findings and disclosures before the approval
   42         of a financing agreement; requiring the residential
   43         property owner to provide written notice to the holder
   44         or loan servicer of his or her intent to enter into a
   45         financing agreement as well as other financial
   46         information; requiring that proof of such notice be
   47         provided to the program administrator; providing that
   48         a certain acceleration provision in an agreement
   49         between the residential property owner and mortgagor
   50         or lienholder is unenforceable; providing that the
   51         lienholder or loan servicer retains certain authority;
   52         requiring the program administrator to receive the
   53         written consent of certain lienholders on commercial
   54         property; authorizing a residential property owner,
   55         under certain circumstances and within a certain
   56         timeframe, to cancel a financing agreement without
   57         financial penalty; requiring recording of the
   58         financing agreement in a specified timeframe; creating
   59         the seller’s disclosure statements for properties
   60         offered for sale which have assessments on them for
   61         qualifying improvements; requiring the program
   62         administrator to confirm that certain conditions are
   63         met before disbursing final funds to a qualifying
   64         improvement contractor for qualifying improvements on
   65         residential property; requiring a program
   66         administrator to submit a certain certificate to a
   67         county or municipality upon final disbursement and
   68         completion of qualifying improvements on commercial
   69         property; providing construction; creating s. 163.083,
   70         F.S.; requiring a county or municipality to establish
   71         or approve a process for the registration of a
   72         qualifying improvement contractor to install
   73         qualifying improvements; requiring certain conditions
   74         for a qualifying improvement contractor to participate
   75         in a program; prohibiting a third-party administrator
   76         from registering as a qualifying improvement
   77         contractor; requiring the program administrator to
   78         monitor qualifying improvement contractors, enforce
   79         certain penalties for a finding of violation, and post
   80         certain information online; creating s. 163.084, F.S.;
   81         authorizing the program administrator to contract with
   82         entities to administer an authorized program;
   83         providing certain requirements for a third-party
   84         administrator; prohibiting a program administrator
   85         from contracting with a third-party administrator
   86         under certain circumstances; requiring the program
   87         administrator to include in its contract with the
   88         third-party administrator the right to perform annual
   89         reviews of the administrator; authorizing the program
   90         administrator to take certain actions if the program
   91         administrator finds that the third-party administrator
   92         has committed a violation of its contract; authorizing
   93         a program administrator to terminate an agreement with
   94         a third-party administrator under certain
   95         circumstances; providing for the continuation of
   96         certain financing agreements after the termination or
   97         suspension of the third-party administrator; creating
   98         s. 163.085, F.S.; requiring that, in communicating
   99         with the property owner or nongovernmental lessee, the
  100         program administrator, qualifying improvement
  101         contractor, or third-party administrator comply with
  102         certain requirements; prohibiting the program
  103         administrator or third-party administrator from
  104         disclosing certain financing information to a
  105         qualifying improvement contractor; prohibiting a
  106         qualifying improvement contractor from making certain
  107         advertisements or solicitations; providing exceptions;
  108         prohibiting a program administrator or third-party
  109         administrator from providing certain payments, fees,
  110         or kickbacks to a qualifying improvement contractor;
  111         prohibiting a program administrator or third-party
  112         administrator to reimbursing a qualifying improvement
  113         contractor for certain expenses; prohibiting a
  114         qualifying improvement contractor from providing
  115         different prices for a qualifying improvement;
  116         requiring a contract between a property owner or
  117         nongovernmental lessee and a qualifying improvement
  118         contractor to include certain provisions; prohibiting
  119         a program administrator, qualifying improvement
  120         contractor, or third-party administrator from
  121         providing any cash payment or anything of material
  122         value to a property owner or nongovernmental lessee
  123         which is explicitly conditioned on a financing
  124         agreement; providing exceptions; creating s. 163.086,
  125         F.S.; prohibiting a recorded financing agreement from
  126         being removed from attachment to a property under
  127         certain circumstances; providing for the
  128         unenforceability of a financing agreement under
  129         certain circumstances; providing provisions for when a
  130         qualifying improvement contractor initiates work on an
  131         unenforceable contract; providing that a qualifying
  132         improvement contractor may retrieve chattel or
  133         fixtures delivered pursuant to an unenforceable
  134         contract if certain conditions are met; providing that
  135         an unenforceable contract will remain unenforceable
  136         under certain circumstances; creating s. 163.087,
  137         F.S.; requiring a program administrator authorized to
  138         administer a program for financing a qualifying
  139         improvement to post on its website an annual report;
  140         specifying requirements for the report; requiring the
  141         Auditor General to conduct an operational audit of
  142         each authorized program; providing an effective date.
  143          
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Section 163.08, Florida Statutes, is amended to
  147  read:
  148         (Substantial rewording of section. See
  149         s. 163.08, F.S., for present text.)
  150         163.08 Definitions.—As used in ss. 163.081-163.087, the
  151  term:
  152         (1) “Commercial property” means real property other than
  153  residential property. The term includes, but is not limited to,
  154  a property zoned multifamily residential which is composed of
  155  five or more dwelling units; government commercial property; and
  156  real property used for commercial, industrial, or agricultural
  157  purposes.
  158         (2) “Government commercial property” means real property
  159  owned by a local government and leased to a nongovernmental
  160  lessee for commercial use. The term does not include residential
  161  property.
  162         (3) “Nongovernmental lessee” means a person or an entity
  163  other than a local government which leases government commercial
  164  property.
  165         (4) “Program administrator” means a county, a municipality,
  166  a dependent special district as defined in s. 189.012, or a
  167  separate legal entity created pursuant to s. 163.01(7).
  168         (5)“Property owner” means the owner or owners of record of
  169  real property. The term includes real property held in trust for
  170  the benefit of one or more individuals, in which case the
  171  individual or individuals may be considered as the property
  172  owner or owners, provided that the trustee provides written
  173  consent. The term does not include persons renting, using,
  174  living, or otherwise occupying real property, except for a
  175  nongovernmental lessee.
  176         (6) “Qualifying improvement” means the following permanent
  177  improvements located on real property within the jurisdiction of
  178  an authorized financing program:
  179         (a) For improvements on residential property:
  180         1. Repairing, replacing, or improving a central sewerage
  181  system, converting an onsite sewage treatment and disposal
  182  system to a central sewerage system, or, if no central sewerage
  183  system is available, removing, repairing, replacing, or
  184  improving an onsite sewage treatment and disposal system to an
  185  advanced system or technology.
  186         2. Repairing, replacing, or improving a roof, including
  187  improvements that strengthen the roof deck attachment; create a
  188  secondary water barrier to prevent water intrusion; install
  189  wind-resistant shingles or gable-end bracing; or reinforce roof
  190  to-wall connections.
  191         3.Providing flood and water damage mitigation and
  192  resiliency improvements, prioritizing repairs, replacement, or
  193  improvements that qualify for reductions in flood insurance
  194  premiums, including raising a structure above the base flood
  195  elevation to reduce flood damage; constructing a flood diversion
  196  apparatus, drainage gate, or seawall improvement, including
  197  seawall repairs and seawall replacements; purchasing flood
  198  damage-resistant building materials; or making electrical,
  199  mechanical, plumbing, or other system improvements that reduce
  200  flood damage.
  201         4. Replacing windows or doors, including garage doors, with
  202  energy-efficient, impact-resistant, wind-resistant, or hurricane
  203  windows or doors or installing storm shutters.
  204         5. Installing energy-efficient heating, cooling, or
  205  ventilation systems.
  206         6. Replacing or installing insulation.
  207         7. Replacing or installing energy-efficient water heaters.
  208         8. Installing and affixing a permanent generator.
  209         9. Providing a renewable energy improvement, including the
  210  installation of any system in which the electrical, mechanical,
  211  or thermal energy is produced from a method that uses solar,
  212  geothermal, bioenergy, wind, or hydrogen.
  213         (b) For installing or constructing improvements on
  214  commercial property:
  215         1. Waste system improvements, which consists of repairing,
  216  replacing, improving, or constructing a central sewerage system,
  217  converting an onsite sewage treatment and disposal system to a
  218  central sewerage system, or, if no central sewerage system is
  219  available, removing, repairing, replacing, or improving an
  220  onsite sewage treatment and disposal system to an advanced
  221  system or technology.
  222         2. Making resiliency improvements, which includes but is
  223  not limited to:
  224         a. Repairing, replacing, improving, or constructing a roof,
  225  including improvements that strengthen the roof deck attachment;
  226         b. Creating a secondary water barrier to prevent water
  227  intrusion;
  228         c. Installing wind-resistant shingles or gable-end bracing;
  229         d. Reinforcing roof-to-wall connections; or
  230         e.Providing flood and water damage mitigation and
  231  resiliency improvements, prioritizing repairs, replacement, or
  232  improvements that qualify for reductions in flood insurance
  233  premiums, including raising a structure above the base flood
  234  elevation to reduce flood damage; creating or improving
  235  stormwater and flood resiliency, including flood diversion
  236  apparatus, drainage gates, or shoreline improvements; purchasing
  237  flood-damage-resistant building materials; or making any other
  238  improvements necessary to achieve a sustainable building rating
  239  or compliance with a national model resiliency standard and any
  240  improvements to a structure to achieve wind or flood insurance
  241  rate reductions, including building elevation.
  242         3. Energy conservation and efficiency improvements, which
  243  are measures to reduce consumption through efficient use or
  244  conservation of electricity, natural gas, propane, or other
  245  forms of energy, including but not limited to, air sealing;
  246  installation of insulation; installation of energy-efficient
  247  heating, cooling, or ventilation systems; building modification
  248  to increase the use of daylight; window replacement; windows;
  249  energy controls or energy recovery systems; installation of
  250  electric vehicle charging equipment; installation of efficient
  251  lighting equipment; or any other improvements necessary to
  252  achieve a sustainable building rating or compliance with a
  253  national model green building code.
  254         4. Renewable energy improvements, including the
  255  installation of any system in which the electrical, mechanical,
  256  or thermal energy is produced from a method that uses solar,
  257  geothermal, bioenergy, wind, or hydrogen.
  258         5. Water conservation efficiency improvements, which are
  259  measures to reduce consumption through efficient use or
  260  conservation of water.
  261         (7) “Qualifying improvement contractor” means a licensed or
  262  registered contractor who has been registered to participate by
  263  a program administrator pursuant to s. 163.083 to install or
  264  otherwise perform work to make qualifying improvements on
  265  residential property financed pursuant to a program authorized
  266  under s. 163.081.
  267         (8) “Residential property” means real property zoned as
  268  residential or multifamily residential and composed of four or
  269  fewer dwelling units.
  270         (9) “Third-party administrator” means an entity under
  271  contract with a program administrator pursuant to s. 163.084 to
  272  administer a program authorized by a county or municipality
  273  pursuant to s. 163.081 or s. 163.082 on behalf of and at the
  274  discretion of the program administrator.
  275         Section 2. Section 163.081, Florida Statutes, is created to
  276  read:
  277         163.081Financing qualifying improvements to residential
  278  property.—
  279         (1) RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.—
  280         (a) A program administrator may only offer a program for
  281  financing qualifying improvements to residential property within
  282  the jurisdiction of a county or municipality if the county or
  283  municipality has authorized by ordinance or resolution the
  284  program administrator to administer the program for financing
  285  qualifying improvements to residential property. The authorized
  286  program must, at a minimum, meet the requirements of this
  287  section.
  288         (b) Pursuant to this section or as otherwise provided by
  289  law or pursuant to a county’s or municipality’s home rule power,
  290  a county or municipality may enter into an interlocal agreement
  291  providing for a partnership between one or more local
  292  governments for the purpose of facilitating a program to finance
  293  qualifying improvements to residential property located within
  294  the jurisdiction of the local governments that are party to the
  295  agreement.
  296         (c) An authorized program administrator may contract with
  297  one or more third-party administrators to implement the program
  298  as provided in s. 163.084.
  299         (d) An authorized program administrator may levy non-ad
  300  valorem assessments to facilitate repayment of financing
  301  qualifying improvements. Costs incurred by the program
  302  administrator for such purpose may be collected as a non-ad
  303  valorem assessment. A non-ad valorem assessment shall be
  304  collected pursuant to s. 197.3632 and, notwithstanding s.
  305  197.3632(8)(a), shall not be subject to discount for early
  306  payment. However, the notice and adoption requirements of s.
  307  197.3632(4) do not apply if this section is used and complied
  308  with, and the intent resolution, publication of notice, and
  309  mailed notices to the property appraiser, tax collector, and
  310  Department of Revenue required by s. 197.3632(3)(a) may be
  311  provided on or before August 15 of each year in conjunction with
  312  any non-ad valorem assessment authorized by this section, if the
  313  property appraiser, tax collector, and program administrator
  314  agree. The program administrator shall only compensate the tax
  315  collector for the actual cost of collecting non-ad valorem
  316  assessments, not to exceed 2 percent of the amount collected and
  317  remitted.
  318         (e) A program administrator may incur debt for the purpose
  319  of providing financing for qualifying improvements, which debt
  320  is payable from revenues received from the improved property or
  321  any other available revenue source authorized by law.
  322         (2) APPLICATION.—The owner of record of the residential
  323  property within the jurisdiction of an authorized program may
  324  apply to the authorized program administrator to finance a
  325  qualifying improvement. The program administrator may only enter
  326  into a financing agreement with the property owner.
  327         (3) FINANCING AGREEMENTS.—
  328         (a) Before entering into a financing agreement, the program
  329  administrator must make each of the following findings based on
  330  a review of public records derived from a commercially accepted
  331  source and the property owner’s statements, records, and credit
  332  reports:
  333         1. There are sufficient resources to complete the project.
  334         2.The total amount of any non-ad valorem assessment for a
  335  residential property under this section does not exceed 20
  336  percent of the just value of the property as determined by the
  337  property appraiser. The total amount may exceed this limitation
  338  upon written consent of the holders or loan servicers of any
  339  mortgage encumbering or otherwise secured by the residential
  340  property.
  341         3. The combined mortgage-related debt and total amount of
  342  any non-ad valorem assessments under the program for the
  343  residential property does not exceed 97 percent of the just
  344  value of the property as determined by the property appraiser.
  345         4.The financing agreement does not utilize a negative
  346  amortization schedule, a balloon payment, or prepayment fees or
  347  fines other than nominal administrative costs. Capitalized
  348  interest included in the original balance of the assessment
  349  financing agreement does not constitute negative amortization.
  350         5. All property taxes and any other assessments, including
  351  non-ad valorem assessments, levied on the same bill as the
  352  property taxes are current and have not been delinquent for the
  353  preceding 3 years, or the property owner’s period of ownership,
  354  whichever is less.
  355         6. There are no outstanding fines or fees related to zoning
  356  or code enforcement violations issued by a county or
  357  municipality, unless the qualifying improvement will remedy the
  358  zoning or code violation.
  359         7. There are no involuntary liens, including, but not
  360  limited to, construction liens on the residential property.
  361         8.No notices of default or other evidence of property
  362  based debt delinquency have been recorded and not released
  363  during the preceding 3 years or the property owner’s period of
  364  ownership, whichever is less.
  365         9.The property owner is current on all mortgage debt on
  366  the residential property.
  367         10.The property owner has not been subject to a bankruptcy
  368  proceeding within the last 5 years unless it was discharged or
  369  dismissed more than 2 years before the date on which the
  370  property owner applied for financing.
  371         11.The residential property is not subject to an existing
  372  home equity conversion mortgage or reverse mortgage product.
  373         12.The term of the financing agreement does not exceed the
  374  weighted average useful life of the qualified improvements to
  375  which the greatest portion of funds disbursed under the
  376  assessment contract is attributable, not to exceed 20 years. The
  377  program administrator shall determine the useful life of a
  378  qualifying improvement using established standards, including
  379  certification criteria from government agencies or nationally
  380  recognized standards and testing organizations.
  381         13.The total estimated annual payment amount for all
  382  financing agreements entered into under this section on the
  383  residential property does not exceed 10 percent of the property
  384  owner’s annual household income. Income must be confirmed using
  385  reasonable evidence and not solely by a property owner’s
  386  statement.
  387         14. If the qualifying improvement is for the conversion of
  388  an onsite sewage treatment and disposal system to a central
  389  sewerage system, the property owner has utilized all available
  390  local government funding for such conversions and is unable to
  391  obtain financing for the improvement on more favorable terms
  392  through a local government program designed to support such
  393  conversions.
  394         (b) Before entering into a financing agreement, the program
  395  administrator must determine if there are any current financing
  396  agreements on the residential property and if the property owner
  397  has obtained or sought to obtain additional qualifying
  398  improvements on the same property which have not yet been
  399  recorded. The existence of a prior qualifying improvement non-ad
  400  valorem assessment or a prior financing agreement is not
  401  evidence that the financing agreement under consideration is
  402  affordable or meets other program requirements.
  403         (c) Findings satisfying paragraphs (a) and (b) must be
  404  documented, including supporting evidence relied upon, and
  405  provided to the property owner prior to a financing agreement
  406  being approved and recorded. The program administrator must
  407  retain the documentation for the duration of the financing
  408  agreement.
  409         (d)If the qualifying improvement is estimated to cost
  410  $10,000 or more, before entering into a financing agreement the
  411  program administrator must advise the property owner in writing
  412  that the best practice is to obtain estimates from more than one
  413  unaffiliated, registered qualifying improvement contractors for
  414  the qualifying improvement and notify the property owner in
  415  writing of the advertising and solicitation requirements of s.
  416  163.085.
  417         (e) A property owner and the program administrator may
  418  agree to include in the financing agreement provisions for
  419  allowing change orders necessary to complete the qualifying
  420  improvement. Any financing agreement or contract for qualifying
  421  improvements which includes such provisions must meet the
  422  requirements of this paragraph. If a proposed change order on a
  423  qualifying improvement will increase the original cost of the
  424  qualifying improvement by 20 percent or more or will expand the
  425  scope of the qualifying improvement by more than 20 percent,
  426  before the change order may be executed which would result in an
  427  increase in the amount financed through the program
  428  administrator for the qualifying improvement, the program
  429  administrator must notify the property owner, provide an updated
  430  written disclosure form as described in subsection (4) to the
  431  property owner, and obtain written approval of the change from
  432  the property owner.
  433         (f) A financing agreement may not be entered into if the
  434  total cost of the qualifying improvement, including program fees
  435  and interest, is less than $2,500.
  436         (g) A financing agreement may not be entered into for
  437  qualifying improvements in buildings or facilities under new
  438  construction or construction for which a certificate of
  439  occupancy or similar evidence of substantial completion of new
  440  construction or improvement has not been issued.
  441         (4) DISCLOSURES.—
  442         (a) In addition to the requirements in subsection (3), a
  443  financing agreement may not be approved unless the program
  444  administrator first provides, including via electronic means, a
  445  written financing estimate and disclosure to the property owner
  446  which includes all of the following, each of which must be
  447  individually acknowledged in writing by the property owner:
  448         1.The estimated total amount to be financed, including the
  449  total and itemized cost of the qualifying improvement, program
  450  fees, and capitalized interest, if any;
  451         2. The estimated annual non-ad valorem assessment;
  452         3.The term of the financing agreement and the schedule for
  453  the non-ad valorem assessments;
  454         4.The interest charged and estimated annual percentage
  455  rate;
  456         5. A description of the qualifying improvement;
  457         6. The total estimated annual costs that will be required
  458  to be paid under the assessment contract, including program
  459  fees;
  460         7. The total estimated average monthly equivalent amount of
  461  funds that would need to be saved in order to pay the annual
  462  costs of the non-ad valorem assessment, including program fees;
  463         8.The estimated due date of the first payment that
  464  includes the non-ad valorem assessment;
  465         9. A disclosure that the financing agreement may be
  466  canceled within 3 business days after signing the financing
  467  agreement without any financial penalty for doing so;
  468         10. A disclosure that the property owner may repay any
  469  remaining amount owed, at any time, without penalty or
  470  imposition of additional prepayment fees or fines other than
  471  nominal administrative costs;
  472         11.A disclosure that if the property owner sells or
  473  refinances the residential property, the property owner may be
  474  required by a mortgage lender to pay off the full amount owed
  475  under each financing agreement under this section;
  476         12.A disclosure that the assessment will be collected
  477  along with the property owner’s property taxes, and will result
  478  in a lien on the property from the date the financing agreement
  479  is recorded;
  480         13.A disclosure that potential utility or insurance
  481  savings are not guaranteed, and will not reduce the assessment
  482  amount; and
  483         14.A disclosure that failure to pay the assessment may
  484  result in penalties, fees, including attorney fees, court costs,
  485  and the issuance of a tax certificate that could result in the
  486  property owner losing the property and a judgment against the
  487  property owner, and may affect the property owner’s credit
  488  rating.
  489         (b) Prior to the financing agreement being approved, the
  490  program administrator must conduct an oral, recorded telephone
  491  call with the property owner during which the program
  492  administrator must confirm each finding or disclosure required
  493  in subsection (3) and this section.
  494         (5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 5
  495  business days before entering into a financing agreement, the
  496  property owner must provide to the holders or loan servicers of
  497  any existing mortgages encumbering or otherwise secured by the
  498  residential property a written notice of the owner’s intent to
  499  enter into a financing agreement together with the maximum
  500  amount to be financed, including the amount of any fees and
  501  interest, and the maximum annual assessment necessary to repay
  502  the total. A verified copy or other proof of such notice must be
  503  provided to the program administrator. A provision in any
  504  agreement between a mortgagor or other lienholder and a property
  505  owner, or otherwise now or hereafter binding upon a property
  506  owner, which allows for acceleration of payment of the mortgage,
  507  note, or lien or other unilateral modification solely as a
  508  result of entering into a financing agreement as provided for in
  509  this section is unenforceable. This subsection does not limit
  510  the authority of the holder or loan servicer to increase the
  511  required monthly escrow by an amount necessary to pay the annual
  512  assessment.
  513         (6) CANCELLATION.—A property owner may cancel a financing
  514  agreement on a form established by the program administrator
  515  within 3 business days after signing the financing agreement
  516  without any financial penalty for doing so.
  517         (7) RECORDING.—Any financing agreement approved and entered
  518  into pursuant to this section, or a summary memorandum of such
  519  agreement, shall be submitted for recording in the public
  520  records of the county within which the residential property is
  521  located by the program administrator within 10 business days
  522  after execution of the agreement and the 3-day cancelation
  523  period. The recorded agreement must provide constructive notice
  524  that the non-ad valorem assessment to be levied on the property
  525  constitutes a lien of equal dignity to county taxes and
  526  assessments from the date of recordation. A notice of lien for
  527  the full amount of the financing may be recorded in the public
  528  records of the county where the property is located. Such lien
  529  is not enforceable in a manner that results in the acceleration
  530  of the remaining nondelinquent unpaid balance under the
  531  assessment financing agreement.
  532         (8) SALE OF RESIDENTIAL PROPERTY.—At or before the time a
  533  seller executes a contract for the sale of any residential
  534  property for which a non-ad valorem assessment has been levied
  535  under this section and has an unpaid balance due, the seller
  536  shall give the prospective purchaser a written disclosure
  537  statement in the following form, which must be set forth in the
  538  contract or in a separate writing:
  539  
  540         QUALIFYING IMPROVEMENTS.—The property being purchased
  541         is subject to an assessment on the property pursuant
  542         to s. 163.081, Florida Statutes. The assessment is for
  543         a qualifying improvement to the property and is not
  544         based on the value of the property. You are encouraged
  545         to contact the property appraiser’s office to learn
  546         more about this and other assessments that may be
  547         provided by law.
  548  
  549         (9) DISBURSEMENTS.—Before disbursing final funds to a
  550  qualifying improvement contractor for a qualifying improvement
  551  on residential property, the program administrator shall confirm
  552  that the applicable work or service has been completed or, as
  553  applicable, that the final permit for the qualifying improvement
  554  has been closed with all permit requirements satisfied or a
  555  certificate of occupancy or similar evidence of substantial
  556  completion of construction or improvement has been issued.
  557         (10) CONSTRUCTION.—This section is additional and
  558  supplemental to county and municipal home rule authority and not
  559  in derogation of such authority or a limitation upon such
  560  authority.
  561         Section 3. Section 163.082, Florida Statutes, is created to
  562  read:
  563         163.082Financing qualifying improvements to commercial
  564  property.—
  565         (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.—
  566         (a) A program administrator may only offer a program for
  567  financing qualifying improvements to commercial property within
  568  the jurisdiction of a county or municipality if the county or
  569  municipality has authorized by ordinance or resolution the
  570  program administrator to administer the program for financing
  571  qualifying improvements to commercial property. The authorized
  572  program must, at a minimum, meet the requirements of this
  573  section.
  574         (b) Pursuant to this section or as otherwise provided by
  575  law or pursuant to a county’s or municipality’s home rule power,
  576  a county or municipality may enter into an interlocal agreement
  577  providing for a partnership between one or more local
  578  governments for the purpose of facilitating a program for
  579  financing qualifying improvements to commercial property located
  580  within the jurisdiction of the local governments that are party
  581  to the agreement.
  582         (c) A program administrator may contract with one or more
  583  third-party administrators to implement the program as provided
  584  in s. 163.084.
  585         (d) An authorized program administrator may levy non-ad
  586  valorem assessments to facilitate repayment of financing or
  587  refinancing qualifying improvements. Costs incurred by the
  588  program administrator for such purpose may be collected as a
  589  non-ad valorem assessment. A non-ad valorem assessment shall be
  590  collected pursuant to s. 197.3632 and, notwithstanding s.
  591  197.3632(8)(a), is not subject to discount for early payment.
  592  However, the notice and adoption requirements of s. 197.3632(4)
  593  do not apply if this section is used and complied with, and the
  594  intent resolution, publication of notice, and mailed notices to
  595  the property appraiser, tax collector, and Department of Revenue
  596  required by s. 197.3632(3)(a) may be provided on or before
  597  August 15 of each year in conjunction with any non-ad valorem
  598  assessment authorized by this section, if the property
  599  appraiser, tax collector, and program administrator agree. The
  600  program administrator shall only compensate the tax collector
  601  for the actual cost of collecting non-ad valorem assessments,
  602  not to exceed 2 percent of the amount collected and remitted.
  603         (e) A program administrator may incur debt for the purpose
  604  of providing financing for qualifying improvements, which debt
  605  is payable from revenues received from the improved property or
  606  any other available revenue source authorized by law.
  607         (2) APPLICATION.—The owner of record of the commercial
  608  property within the jurisdiction of the authorized program may
  609  apply to the program administrator to finance a qualifying
  610  improvement and enter into a financing agreement with the
  611  program administrator to make such improvement. The program
  612  administrator may only enter into a financing agreement with a
  613  property owner. However, a nongovernmental lessee may apply to
  614  finance a qualifying improvement if the nongovernmental lessee
  615  provides the program administrator with written consent of the
  616  government lessor. Any financing agreement with the
  617  nongovernmental lessee must provide that the nongovernmental
  618  lessee is the only party obligated to pay the assessment.
  619         (3) FINANCING AGREEMENTS.—
  620         (a) Before entering into a financing agreement, the program
  621  administrator must make each of the following findings based on
  622  a review of public records derived from a commercially accepted
  623  source and the statements, records, and credit reports of the
  624  commercial property owner or nongovernmental lessee:
  625         1. There are sufficient resources to complete the project.
  626         2.The total amount of any non-ad valorem assessment for a
  627  commercial property under this section does not exceed 20
  628  percent of the just value of the property as determined by the
  629  property appraiser. The total amount may exceed this limitation
  630  upon written consent of the holders or loan servicers of any
  631  mortgage encumbering or otherwise secured by the commercial
  632  property.
  633         3. The combined mortgage-related debt and total amount of
  634  any non-ad valorem assessments under the program for the
  635  commercial property does not exceed 97 percent of the just value
  636  of the property as determined by the property appraiser.
  637         4.All property taxes and any other assessments, including
  638  non-ad valorem assessments, levied on the same bill as the
  639  property taxes are current.
  640         5.There are no involuntary liens greater than $5,000,
  641  including, but not limited to, construction liens on the
  642  commercial property.
  643         6.No notices of default or other evidence of property
  644  based debt delinquency have been recorded and not been released
  645  during the preceding 3 years or the property owner’s period of
  646  ownership, whichever is less.
  647         7.The property owner is current on all mortgage debt on
  648  the commercial property.
  649         8.The term of the financing agreement does not exceed the
  650  weighted average useful life of the qualified improvements to
  651  which the greatest portion of funds disbursed under the
  652  assessment contract is attributable, not to exceed 30 years. The
  653  program administrator shall determine the useful life of a
  654  qualifying improvement using established standards, including
  655  certification criteria from government agencies or nationally
  656  recognized standards and testing organizations.
  657         9.The property owner or nongovernmental lessee is not
  658  currently the subject of a bankruptcy proceeding.
  659         (b) Before entering into a financing agreement, the program
  660  administrator shall determine if there are any current financing
  661  agreements on the commercial property and whether the property
  662  owner or nongovernmental lessee has obtained or sought to obtain
  663  additional qualifying improvements on the same property which
  664  have not yet been recorded. The existence of a prior qualifying
  665  improvement non-ad valorem assessment or a prior financing
  666  agreement is not evidence that the financing agreement under
  667  consideration is affordable or meets other program requirements.
  668         (c)Findings satisfying paragraphs (a) and (b) must be
  669  documented, including supporting evidence relied upon, and
  670  provided to the property owner or nongovernmental lessee prior
  671  to a financing agreement being approved and recorded. The
  672  program administrator must retain the documentation for the
  673  duration of the financing agreement.
  674         (d)A property owner or nongovernmental lessee and the
  675  program administrator may agree to include in the financing
  676  agreement provisions for allowing change orders necessary to
  677  complete the qualifying improvement. Any financing agreement or
  678  contract for qualifying improvements which includes such
  679  provisions must meet the requirements of this paragraph. If a
  680  proposed change order on a qualifying improvement will increase
  681  the original cost of the qualifying improvement by 20 percent or
  682  more or will expand the scope of the qualifying improvement by
  683  20 percent or more, before the change order may be executed
  684  which would result in an increase in the amount financed through
  685  the program administrator for the qualifying improvement, the
  686  program administrator must notify the property owner or
  687  nongovernmental lessee, provide an updated written disclosure
  688  form as described in subsection (4) to the property owner or
  689  nongovernmental lessee, and obtain written approval of the
  690  change from the property owner or nongovernmental lessee.
  691         (e) A financing agreement may not be entered into if the
  692  total cost of the qualifying improvement, including program fees
  693  and interest, is less than $2,500.
  694         (4) DISCLOSURES.—In addition to the requirements in
  695  subsection (3), a financing agreement may not be approved unless
  696  the program administrator provides, whether on a separate
  697  document or included with other disclosures or forms, a
  698  financing estimate and disclosure to the property owner or
  699  nongovernmental lessee which includes all of the following:
  700         (a)The estimated total amount to be financed, including
  701  the total and itemized cost of the qualifying improvement,
  702  program fees, and capitalized interest, if any;
  703         (b) The estimated annual non-ad valorem assessment;
  704         (c)The term of the financing agreement and the schedule
  705  for the non-ad valorem assessments;
  706         (d)The interest charged and estimated annual percentage
  707  rate;
  708         (e) A description of the qualifying improvement;
  709         (f) The total estimated annual costs that will be required
  710  to be paid under the assessment contract, including program
  711  fees;
  712         (g)The estimated due date of the first payment that
  713  includes the non-ad valorem assessment; and
  714         (h) A disclosure that the property owner or nongovernmental
  715  lessee may repay any remaining amount owed, at any time, without
  716  penalty or imposition of additional prepayment fees or fines
  717  other than nominal administrative costs.
  718         (5)CONSENT OF LIENHOLDERS AND SERVICERS.—Before entering
  719  into a financing agreement with a property owner, the program
  720  administrator must have received the written consent of the
  721  current holders or loan servicers of any mortgage that encumbers
  722  or is otherwise secured by the commercial property or that will
  723  otherwise be secured by the property at the time the financing
  724  agreement is executed.
  725         (6) RECORDING.—Any financing agreement approved and entered
  726  into pursuant to this section or a summary memorandum of such
  727  agreement must be submitted for recording in the public records
  728  of the county within which the commercial property is located by
  729  the program administrator within 10 business days after
  730  execution of the agreement. The recorded agreement must provide
  731  constructive notice that the non-ad valorem assessment to be
  732  levied on the property constitutes a lien of equal dignity to
  733  county taxes and assessments from the date of recordation. A
  734  notice of lien for the full amount of the financing may be
  735  recorded in the public records of the county where the property
  736  is located. Such lien is not enforceable in a manner that
  737  results in the acceleration of the remaining nondelinquent
  738  unpaid balance under the assessment financing agreement.
  739         (7) SALE OF COMMERCIAL PROPERTY.—At or before the time a
  740  seller executes a contract for the sale of any commercial
  741  property for which a non-ad valorem assessment has been levied
  742  under this section and has an unpaid balance due, the seller
  743  shall give the prospective purchaser a written disclosure
  744  statement in the following form, which must be set forth in the
  745  contract or in a separate writing:
  746  
  747         QUALIFYING IMPROVEMENTS.—The property being purchased
  748         is subject to an assessment on the property pursuant
  749         to s. 163.082, Florida Statutes. The assessment is for
  750         a qualifying improvement to the property and is not
  751         based on the value of the property. You are encouraged
  752         to contact the property appraiser’s office to learn
  753         more about this and other assessments that may be
  754         provided for by law.
  755  
  756         (8)COMPLETION CERTIFICATE.Upon disbursement of all
  757  financing and completion of installation of qualifying
  758  improvements financed, the program administrator shall file with
  759  the applicable county or municipality a certificate that the
  760  qualifying improvements have been installed and are in good
  761  working order.
  762         (9) CONSTRUCTION.—This section is additional and
  763  supplemental to county and municipal home rule authority and not
  764  in derogation of such authority or a limitation upon such
  765  authority.
  766         Section 4. Section 163.083, Florida Statutes, is created to
  767  read:
  768         163.083 Qualifying improvement contractors.—
  769         (1) A county or municipality shall establish a process, or
  770  approve a process established by a program administrator, to
  771  register contractors for participation in a program authorized
  772  by a county or municipality pursuant to s. 163.081. A qualifying
  773  improvement contractor may only perform such work that the
  774  contractor is appropriately licensed, registered, and permitted
  775  to conduct. At the time of application to participate and during
  776  participation in the program, contractors must:
  777         (a) Hold all necessary licenses or registrations for the
  778  work to be performed which are in good standing. Good standing
  779  includes no outstanding complaints with the state or local
  780  government which issues such licenses or registrations.
  781         (b)Comply with all applicable federal, state, and local
  782  laws and regulations, including obtaining and maintaining any
  783  other permits, licenses, or registrations required for engaging
  784  in business in the jurisdiction in which it operates and
  785  maintaining all state-required bond and insurance coverage.
  786         (c) File with the program administrator a written statement
  787  in a form approved by the county or municipality that the
  788  contractor will comply with applicable laws and rules and
  789  qualifying improvement program policies and procedures,
  790  including those on advertising and marketing.
  791         (2) A third-party administrator or a program administrator,
  792  either directly or through an affiliate, may not be registered
  793  as a qualifying improvement contractor.
  794         (3) A program administrator shall establish and maintain:
  795         (a)A process to monitor qualifying improvement contractors
  796  for performance and compliance with requirements of the program
  797  and must conduct regular reviews of qualifying improvement
  798  contractors to confirm that each qualifying improvement
  799  contractor is in good standing.
  800         (b)Procedures for notice and imposition of penalties upon
  801  a finding of violation, which may consist of placement of the
  802  qualifying improvement contractor in a probationary status that
  803  places conditions for continued participation, suspension, or
  804  termination from participation in the program.
  805         (c) An easily accessible page on its website that provides
  806  information on the status of registered qualifying improvement
  807  contractors, including any imposed penalties, and the names of
  808  any qualifying improvement contractors currently on probationary
  809  status or that are suspended or terminated from participation in
  810  the program.
  811         Section 5. Section 163.084, Florida Statutes, is created to
  812  read:
  813         163.084 Third-party administrator for financing qualifying
  814  improvements programs.—
  815         (1)(a) A program administrator may contract with one or
  816  more third-party administrators to administer a program
  817  authorized by a county or municipality pursuant to s. 163.081 or
  818  s. 163.082 on behalf of and at the discretion of the program
  819  administrator.
  820         (b) The third-party administrator must be independent of
  821  the program administrator and have no conflicts of interest
  822  between managers or owners of the third-party administrator and
  823  program administrator managers, owners, officials, or employees
  824  with oversight over the contract. The contract must provide for
  825  the entity to administer the program according to the
  826  requirements of s. 163.081 or s. 163.082 and the ordinance or
  827  resolution adopted by the county or municipality authorizing the
  828  program. However, only the program administrator may levy or
  829  administer non-ad valorem assessments.
  830         (2) A program administrator may not contract with a third
  831  party administrator that, within the last 3 years, has been
  832  prohibited from serving as a third-party administrator for
  833  another program administrator for program or contract violations
  834  or has been found by a court of competent jurisdiction to have
  835  violated state or federal laws related to the administration of
  836  ss. 163.081-163.086 or a similar program in another
  837  jurisdiction.
  838         (3) The program administrator must include in any contract
  839  with the third-party administrator the right to perform annual
  840  reviews of the administrator to confirm compliance with ss.
  841  163.081-163.086, the ordinance or resolution adopted by the
  842  county or municipality, and the contract with the program
  843  administrator. If the program administrator finds that the
  844  third-party administrator has committed a violation of ss.
  845  163.081-163.086, the adopted ordinance or resolution, or the
  846  contract with the program administrator, the program
  847  administrator shall provide the third-party administrator with
  848  notice of the violation and may, as set forth in the adopted
  849  ordinance or resolution or the contract with the third-party
  850  administrator:
  851         (a)Place the third-party administrator in a probationary
  852  status that places conditions for continued operations.
  853         (b)Impose any fines or sanctions.
  854         (c)Suspend the activity of the third-party administrator
  855  for a period of time.
  856         (d)Terminate the agreement with the third-party
  857  administrator.
  858         (4) A program administrator may terminate the agreement
  859  with a third-party administrator, as set forth by the county or
  860  municipality in its adopted ordinance or resolution or the
  861  contract with the third-party administrator, if the program
  862  administrator makes a finding that:
  863         (a) The third-party administrator has violated the contract
  864  with the program administrator. The contract may set forth
  865  substantial violations that may result in contract termination
  866  and other violations that may provide for a period of time for
  867  correction before the contract may be terminated.
  868         (b) The third-party administrator, or an officer, a
  869  director, a manager or a managing member, or a control person of
  870  the third-party administrator, has been found by a court of
  871  competent jurisdiction to have violated state or federal laws
  872  related to the administration a program authorized of the
  873  provisions of ss. 163.081-163.086 or a similar program in
  874  another jurisdiction within the last 5 years.
  875         (c) Any officer, director, manager or managing member, or
  876  control person of the third-party administrator has been
  877  convicted of, or has entered a plea of guilty or nolo contendere
  878  to, regardless of whether adjudication has been withheld, a
  879  crime related to administration of a program authorized of the
  880  provisions of ss. 163.081-163.086 or a similar program in
  881  another jurisdiction within the last 10 years.
  882         (d) An annual performance review reveals a substantial
  883  violation or a pattern of violations by the third-party
  884  administrator.
  885         (5) Any recorded financing agreements at the time of
  886  termination or suspension by the program administrator shall
  887  continue.
  888         Section 6. Section 163.085, Florida Statutes, is created to
  889  read:
  890         163.085Advertisement and solicitation for financing
  891  qualifying improvements programs under s. 163.081 or s.
  892  163.082.—
  893         (1) When communicating with a property owner or a
  894  nongovernmental lessee, a program administrator, qualifying
  895  improvement contractor, or third-party administrator may not:
  896         (a)Suggest or imply:
  897         1. That a non-ad valorem assessment authorized under s.
  898  163.081 or s. 163.082 is a government assistance program;
  899         2. That qualifying improvements are free or provided at no
  900  cost, or that the financing related to a non-ad valorem
  901  assessment authorized under s. 163.081 or s. 163.082 is free or
  902  provided at no cost; or
  903         3. That the financing of a qualifying improvement using the
  904  program authorized pursuant to s. 163.081 or s. 163.082 does not
  905  require repayment of the financial obligation.
  906         (b) Make any representation as to the tax deductibility of
  907  a non-ad valorem assessment. A program administrator, qualifying
  908  improvement contractor, or third-party administrator may
  909  encourage a property owner or nongovernmental lessee to seek the
  910  advice of a tax professional regarding tax matters related to
  911  assessments.
  912         (2) A program administrator or third-party administrator
  913  may not provide to a qualifying improvement contractor any
  914  information that discloses the amount of financing for which a
  915  property owner or nongovernmental lessee is eligible for
  916  qualifying improvements or the amount of equity in a residential
  917  property or commercial property.
  918         (3) A qualifying improvement contractor may not advertise
  919  the availability of financing agreements for, or solicit program
  920  participation on behalf of, the program administrator unless the
  921  contractor is registered by the program administrator to
  922  participate in the program and is in good standing with the
  923  program administrator.
  924         (4) A program administrator or third-party administrator
  925  may not provide any payment, fee, or kickback to a qualifying
  926  improvement contractor for referring property owners or
  927  nongovernmental lessees to the program administrator or third
  928  party administrator. However, a program administrator or third
  929  party administrator may provide information to a qualifying
  930  improvement contractor to facilitate the installation of a
  931  qualifying improvement for a property owner or nongovernmental
  932  lessee.
  933         (5) A program administrator or third-party administrator
  934  may not reimburse a qualifying improvement contractor for its
  935  expenses in advertising and marketing campaigns and materials.
  936         (6) A qualifying improvement contractor may not provide a
  937  different price for a qualifying improvement financed under s.
  938  163.081 than the price that the qualifying improvement
  939  contractor would otherwise provide if the qualifying improvement
  940  was not being financed through a financing agreement. Any
  941  contract between a property owner or nongovernmental lessee and
  942  a qualifying improvement contractor must clearly state all
  943  pricing and cost provisions, including any process for change
  944  orders which meet the requirements of s. 163.081(3)(d).
  945         (7) A program administrator, qualifying improvement
  946  contractor, or third-party administrator may not provide any
  947  direct cash payment or other thing of material value to a
  948  property owner or nongovernmental lessee which is explicitly
  949  conditioned upon the property owner or nongovernmental lessee
  950  entering into a financing agreement. However, a program
  951  administrator or third-party administrator may offer programs or
  952  promotions on a non-discriminatory basis that provide reduced
  953  fees or interest rates if the reduced fees or interest rates are
  954  reflected in the financing agreements and are not provided to
  955  the property owner or nongovernmental lessee as cash
  956  consideration.
  957         Section 7. Section 163.086, Florida Statutes, is created to
  958  read:
  959         163.086 Unenforceable financing agreements for qualifying
  960  improvements programs under s. 163.081 or s. 163.082;
  961  attachment; fraud.—
  962         (1) A recorded financing agreement may not be removed from
  963  attachment to a residential property or commercial property if
  964  the property owner or nongovernmental lessee fraudulently
  965  obtained funding pursuant to s. 163.081 or s. 163.082.
  966         (2) A financing agreement may not be enforced, and a
  967  recorded financing agreement may be removed from attachment to a
  968  residential property or commercial property and deemed null and
  969  void, if:
  970         (a)The property owner or nongovernmental lessee applied
  971  for, accepted, and canceled a financing agreement within the 3
  972  business-day period pursuant to s. 163.081(6). A qualifying
  973  improvement contractor may not begin work under a canceled
  974  contract.
  975         (b)A person other than the property owner or
  976  nongovernmental lessee obtained the recorded financing
  977  agreement. The court may enter an order which holds that person
  978  or persons personally liable for the debt.
  979         (c) The program administrator, third-party administrator,
  980  or qualifying improvement contractor approved or obtained
  981  funding through fraudulent means and in violation of ss.
  982  163.081-163.085, or this section for qualifying improvements on
  983  the residential property or commercial property.
  984         (3) If a qualifying improvement contractor has initiated
  985  work on residential property or commercial property under a
  986  contract deemed unenforceable under this section, the qualifying
  987  improvement contractor:
  988         (a) May not receive compensation for that work under the
  989  financing agreement.
  990         (b) Must restore the residential property or commercial
  991  property to its original condition at no cost to the property
  992  owner or nongovernmental lessee.
  993         (c) Must immediately return any funds, property, and other
  994  consideration given by the property owner or nongovernmental
  995  lessee. If the property owner or nongovernmental lessee provided
  996  any property and the qualifying improvement contractor does not
  997  or cannot return it, the qualifying improvement contractor must
  998  immediately return the fair market value of the property or its
  999  value as designated in the contract, whichever is greater.
 1000         (4) If the qualifying improvement contractor has delivered
 1001  chattel or fixtures to residential property or commercial
 1002  property pursuant to a contract deemed unenforceable under this
 1003  section, the qualifying improvement contractor has 90 days after
 1004  the date on which the contract was executed to retrieve the
 1005  chattel or fixtures, provided that:
 1006         (a) The qualifying improvement contractor has fulfilled the
 1007  requirements of paragraphs (3)(a) and (b).
 1008         (b) The chattel and fixtures can be removed at the
 1009  qualifying improvement contractor’s expense without damaging the
 1010  residential property or commercial property.
 1011         (5) If a qualifying improvement contractor fails to comply
 1012  with this section, the property owner or nongovernmental lessee
 1013  may retain any chattel or fixtures provided pursuant to a
 1014  contract deemed unenforceable under this section.
 1015         (6) A contract that is otherwise unenforceable under this
 1016  section remains enforceable if the property owner or
 1017  nongovernmental lessee waives his or her right to cancel the
 1018  contract or cancels the financing agreement pursuant to s.
 1019  163.081(6) or s. 163.082(6) but allows the qualifying
 1020  improvement contractor to proceed with the installation of the
 1021  qualifying improvement.
 1022         Section 8. Section 163.087, Florida Statutes, is created to
 1023  read:
 1024         163.087Reporting for financing qualifying improvements
 1025  programs under s. 163.081 or s. 163.082.—
 1026         (1) Each program administrator that is authorized to
 1027  administer a program for financing qualifying improvements to
 1028  residential property or commercial property under s. 163.081 or
 1029  s. 163.082 shall post on its website an annual report within 45
 1030  days after the end of its fiscal year containing the following
 1031  information from the previous year for each program authorized
 1032  under s. 163.081 or s. 163.082:
 1033         (a)The number and types of qualifying improvements funded.
 1034         (b)The aggregate, average, and median dollar amounts of
 1035  annual non-ad valorem assessments and the total number of non-ad
 1036  valorem assessments collected pursuant to financing agreements
 1037  for qualifying improvements.
 1038         (c) The total number of defaulted non-ad valorem
 1039  assessments, including the total defaulted amount, the number
 1040  and dates of missed payments, and the total number of parcels in
 1041  default and the length of time in default.
 1042         (d)A summary of all reported complaints received by the
 1043  program administrator related to the program, including the
 1044  names of the third-party administrator, if applicable, and
 1045  qualifying improvement contractors and the resolution of each
 1046  complaint.
 1047         (2) The Auditor General must conduct an operational audit
 1048  of each program authorized under s. 163.081 or s. 163.082,
 1049  including any third-party administrators, for compliance with
 1050  the provisions of ss. 163.08-163.086 and any adopted ordinance
 1051  at least once every 24 months. The Auditor General may stagger
 1052  evaluations such that a portion of all programs are evaluated in
 1053  1 year; however, every program must be evaluated at least once
 1054  by September 1, 2027. Each program administrator, and third
 1055  party administrator if applicable, must post the most recent
 1056  report on its website.
 1057         Section 9. This act shall take effect July 1, 2024.