Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 228
Ì4752361Î475236
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
03/02/2022 .
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The Committee on Rules (Brandes) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 212 - 303
4 and insert:
5 records of the county where the property is located.
6 (9) Before entering into an assessment a financing
7 agreement, the local government, or the program administrator
8 acting on its behalf, shall reasonably determine that all of the
9 following conditions are met:
10 (a) All property taxes and any other assessments levied on
11 the same bill as property taxes are current paid and have not
12 been delinquent for more than 30 days for the preceding 3 years
13 or the property owner’s period of ownership, whichever is less.;
14 (b) that There are no involuntary liens greater than
15 $1,000, including, but not limited to, construction liens on the
16 property.;
17 (c) that No notices of default or other evidence of
18 property-based debt delinquency have been recorded and not
19 released during the preceding 3 years or the property owner’s
20 period of ownership, whichever is less.;
21 (d) The local government or program administrator has asked
22 the property owner whether any other assessments under this
23 section have been recorded or have been funded and not yet
24 recorded on the property. The failure of a property owner to
25 disclose information set forth in this paragraph does not
26 invalidate an assessment financing agreement or any obligation
27 thereunder, even if the total financed amount of the qualifying
28 improvements exceeds the amount that would otherwise be
29 authorized under paragraph (12)(a).
30 (e) and that The property owner is current on all mortgage
31 debt on the property.
32 (f) The residential property is not subject to an existing
33 home equity conversion mortgage or reverse mortgage product.
34 This paragraph does not apply to nonresidential real properties.
35 (g) The property is not currently a residential property
36 gifted to a homeowner for free by a nonprofit entity as may be
37 disclosed by the property owner. The failure of a property owner
38 to disclose information set forth in this paragraph does not
39 invalidate an assessment financing agreement or any obligation
40 thereunder. This paragraph does not apply to nonresidential real
41 properties.
42 (h) The property owner obtained the approval of any
43 applicable lender, creditor, assignee, or servicer of any
44 previously recorded mortgage or other lien on the property.
45 (10) Before final funding may be provided, a qualifying
46 improvement must shall be affixed or planned to be affixed to a
47 nonresidential real property or residential real building or
48 facility that is part of the property and constitutes shall
49 constitute an improvement to that property the building or
50 facility or a fixture attached to the building or facility. An
51 assessment financing agreement may between a local government
52 and a qualifying property owner may not cover qualifying wind
53 resistance improvements on nonresidential real property under
54 new construction or residential real property in buildings or
55 facilities under new construction or construction for which a
56 certificate of occupancy or similar evidence of substantial
57 completion of new construction or improvement has not been
58 issued.
59 (12)(a) Without the consent of the holders or loan
60 servicers of any mortgage encumbering or otherwise secured by
61 the property, the total amount of any non-ad valorem assessment
62 for a property under this section may not exceed 20 percent of
63 the fair market just value of the real property as determined by
64 the county property appraiser. The combined mortgage-related
65 debt and total amount of any non-ad valorem assessments funded
66 under this section for residential real property may not exceed
67 100 percent of the fair market value of the residential real
68 property. However, the failure of a property owner to disclose
69 information set forth in paragraph (9)(d) does not invalidate an
70 assessment financing agreement or any obligation thereunder,
71 even if the total financed amount of the qualifying improvements
72 exceeds the amount that would otherwise be authorized under this
73 paragraph. For purposes of this paragraph, fair market value may
74 be determined using reputable third parties.
75 (b) Notwithstanding paragraph (a), a non-ad valorem
76 assessment for a qualifying improvement defined in subparagraph
77 (2)(h)1. (2)(b)1. or subparagraph (2)(h)2. which (2)(b)2. that
78 is supported by an energy audit is not subject to the limits in
79 this subsection if the audit demonstrates that the annual energy
80 savings from the qualified improvement equals or exceeds the
81 annual repayment amount of the non-ad valorem assessment.
82 (13) At least 30 days before entering into an assessment a
83 financing agreement, the property owner shall provide to the
84 holders or loan servicers of any existing mortgages encumbering
85 or otherwise secured by the property a notice of the owner’s
86 intent to enter into an assessment a financing agreement
87 together with the maximum principal amount to be financed and
88 the maximum annual assessment necessary to repay that amount. A
89 verified copy or other proof of such notice shall be provided to
90 the local government. A provision in any agreement between a
91 mortgagee or other lienholder and a property owner, or otherwise
92 now or hereafter binding upon a property owner, which allows for
93 acceleration of payment of the mortgage, note, or lien or other
94 unilateral modification solely as a result of entering into a
95 financing agreement as provided for in this section is not
96 enforceable. This subsection does not limit the authority
97
98 ================= T I T L E A M E N D M E N T ================
99 And the title is amended as follows:
100 Delete line 38
101 and insert:
102 property; providing and revising construction;
103 providing applicability;