Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 770
       
       
       
       
       
       
                                Ì133022bÎ133022                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             02/07/2024 11:18 AM       .                                
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       Senator Martin moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.08, Florida Statutes, is amended to
    6  read:
    7         (Substantial rewording of section. See
    8         s. 163.08, F.S., for present text.)
    9         163.08 Definitions.—As used in ss. 163.081-163.087, the
   10  term:
   11         (1) “Commercial property” means real property other than
   12  residential property. The term includes, but is not limited to,
   13  a property zoned multifamily residential which is composed of
   14  five or more dwelling units; and real property used for
   15  commercial, industrial, or agricultural purposes.
   16         (2) “Program administrator” means a county, a municipality,
   17  a dependent special district as defined in s. 189.012, or a
   18  separate legal entity created pursuant to s. 163.01(7) which
   19  directly operates a program for financing qualifying
   20  improvements and is authorized pursuant to s. 163.081 or s.
   21  163.082.
   22         (3)“Property owner” means the owner or owners of record of
   23  real property. The term includes real property held in trust for
   24  the benefit of one or more individuals, in which case the
   25  individual or individuals may be considered as the property
   26  owner or owners, provided that the trustee provides written
   27  consent. The term does not include persons renting, using,
   28  living, or otherwise occupying real property.
   29         (4) “Qualifying improvement” means the following permanent
   30  improvements located on real property within the jurisdiction of
   31  an authorized financing program:
   32         (a) For improvements on residential property:
   33         1. Repairing, replacing, or improving a central sewerage
   34  system, converting an onsite sewage treatment and disposal
   35  system to a central sewerage system, or, if no central sewerage
   36  system is available, removing, repairing, replacing, or
   37  improving an onsite sewage treatment and disposal system to an
   38  advanced system or technology.
   39         2. Repairing, replacing, or improving a roof, including
   40  improvements that strengthen the roof deck attachment; create a
   41  secondary water barrier to prevent water intrusion; install
   42  wind-resistant shingles or gable-end bracing; or reinforce roof
   43  to-wall connections.
   44         3.Providing flood and water damage mitigation and
   45  resiliency improvements, prioritizing repairs, replacement, or
   46  improvements that qualify for reductions in flood insurance
   47  premiums, including raising a structure above the base flood
   48  elevation to reduce flood damage; constructing a flood diversion
   49  apparatus, drainage gate, or seawall improvement, including
   50  seawall repairs and seawall replacements; purchasing flood
   51  damage-resistant building materials; or making electrical,
   52  mechanical, plumbing, or other system improvements that reduce
   53  flood damage.
   54         4. Replacing windows or doors, including garage doors, with
   55  energy-efficient, impact-resistant, wind-resistant, or hurricane
   56  windows or doors or installing storm shutters.
   57         5. Installing energy-efficient heating, cooling, or
   58  ventilation systems.
   59         6. Replacing or installing insulation.
   60         7. Replacing or installing energy-efficient water heaters.
   61         8. Installing and affixing a permanent generator.
   62         9. Providing a renewable energy improvement, including the
   63  installation of any system in which the electrical, mechanical,
   64  or thermal energy is produced from a method that uses solar,
   65  geothermal, bioenergy, wind, or hydrogen.
   66         (b) For installing or constructing improvements on
   67  commercial property:
   68         1. Waste system improvements, which consists of repairing,
   69  replacing, improving, or constructing a central sewerage system,
   70  converting an onsite sewage treatment and disposal system to a
   71  central sewerage system, or, if no central sewerage system is
   72  available, removing, repairing, replacing, or improving an
   73  onsite sewage treatment and disposal system to an advanced
   74  system or technology.
   75         2. Making resiliency improvements, which includes but is
   76  not limited to:
   77         a. Repairing, replacing, improving, or constructing a roof,
   78  including improvements that strengthen the roof deck attachment;
   79         b. Creating a secondary water barrier to prevent water
   80  intrusion;
   81         c. Installing wind-resistant shingles or gable-end bracing;
   82         d. Reinforcing roof-to-wall connections; or
   83         e.Providing flood and water damage mitigation and
   84  resiliency improvements, prioritizing repairs, replacement, or
   85  improvements that qualify for reductions in flood insurance
   86  premiums, including raising a structure above the base flood
   87  elevation to reduce flood damage; creating or improving
   88  stormwater and flood resiliency, including flood diversion
   89  apparatus, drainage gates, or shoreline improvements; purchasing
   90  flood-damage-resistant building materials; or making any other
   91  improvements necessary to achieve a sustainable building rating
   92  or compliance with a national model resiliency standard and any
   93  improvements to a structure to achieve wind or flood insurance
   94  rate reductions, including building elevation.
   95         3. Energy conservation and efficiency improvements, which
   96  are measures to reduce consumption through efficient use or
   97  conservation of electricity, natural gas, propane, or other
   98  forms of energy, including but not limited to, air sealing;
   99  installation of insulation; installation of energy-efficient
  100  heating, cooling, or ventilation systems; building modification
  101  to increase the use of daylight; window replacement; windows;
  102  energy controls or energy recovery systems; installation of
  103  electric vehicle charging equipment; installation of efficient
  104  lighting equipment; or any other improvements necessary to
  105  achieve a sustainable building rating or compliance with a
  106  national model green building code.
  107         4. Renewable energy improvements, including the
  108  installation of any system in which the electrical, mechanical,
  109  or thermal energy is produced from a method that uses solar,
  110  geothermal, bioenergy, wind, or hydrogen.
  111         5. Water conservation efficiency improvements, which are
  112  measures to reduce consumption through efficient use or
  113  conservation of water.
  114         (5) “Qualifying improvement contractor” means a licensed or
  115  registered contractor who has been registered to participate by
  116  a program administrator pursuant to s. 163.083 to install or
  117  otherwise perform work to make qualifying improvements on
  118  residential property financed pursuant to a program authorized
  119  under s. 163.081.
  120         (6) “Residential property” means real property zoned as
  121  residential or multifamily residential and composed of four or
  122  fewer dwelling units.
  123         (7) “Third-party administrator” means an entity under
  124  contract with a program administrator pursuant to s. 163.084.
  125         Section 2. Section 163.081, Florida Statutes, is created to
  126  read:
  127         163.081Financing qualifying improvements to residential
  128  property.—
  129         (1) RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.—
  130         (a) A program administrator may only offer a program for
  131  financing qualifying improvements to residential property within
  132  the jurisdiction of a county or municipality if the county or
  133  municipality has authorized by ordinance or resolution the
  134  program administrator to administer the program for financing
  135  qualifying improvements to residential property. The authorized
  136  program must, at a minimum, meet the requirements of this
  137  section.
  138         (b) Pursuant to this section or as otherwise provided by
  139  law or pursuant to a county’s or municipality’s home rule power,
  140  a county or municipality may enter into an interlocal agreement
  141  providing for a partnership between one or more counties or
  142  municipalities for the purpose of facilitating a program to
  143  finance qualifying improvements to residential property located
  144  within the jurisdiction of the counties or municipalities that
  145  are party to the agreement.
  146         (c) A county or municipality may deauthorize a program
  147  administrator through repeal of the ordinance or resolution
  148  adopted pursuant to paragraph (a) or other action. Any recorded
  149  financing agreements at the time of deauthorization shall
  150  continue, except any financing agreement for which the
  151  provisions of s. 163.086 apply.
  152         (d) An authorized program administrator may contract with
  153  one or more third-party administrators to implement the program
  154  as provided in s. 163.084.
  155         (e) An authorized program administrator may levy non-ad
  156  valorem assessments to facilitate repayment of financing
  157  qualifying improvements. Costs incurred by the program
  158  administrator for such purpose may be collected as a non-ad
  159  valorem assessment. A non-ad valorem assessment shall be
  160  collected pursuant to s. 197.3632 and, notwithstanding s.
  161  197.3632(8)(a), shall not be subject to discount for early
  162  payment. However, the notice and adoption requirements of s.
  163  197.3632(4) do not apply if this section is used and complied
  164  with, and the intent resolution, publication of notice, and
  165  mailed notices to the property appraiser, tax collector, and
  166  Department of Revenue required by s. 197.3632(3)(a) may be
  167  provided on or before August 15 of each year in conjunction with
  168  any non-ad valorem assessment authorized by this section, if the
  169  property appraiser, tax collector, and program administrator
  170  agree. The program administrator shall only compensate the tax
  171  collector for the actual cost of collecting non-ad valorem
  172  assessments, not to exceed 2 percent of the amount collected and
  173  remitted.
  174         (f) A program administrator may incur debt for the purpose
  175  of providing financing for qualifying improvements, which debt
  176  is payable from revenues received from the improved property or
  177  any other available revenue source authorized by law.
  178         (2) APPLICATION.—The owner of record of the residential
  179  property within the jurisdiction of an authorized program may
  180  apply to the authorized program administrator to finance a
  181  qualifying improvement. The program administrator may only enter
  182  into a financing agreement with the property owner.
  183         (3) FINANCING AGREEMENTS.—
  184         (a) Before entering into a financing agreement, the program
  185  administrator must make each of the following findings based on
  186  a review of public records derived from a commercially accepted
  187  source and the property owner’s statements, records, and credit
  188  reports:
  189         1. There are sufficient resources to complete the project.
  190         2.The total amount of any non-ad valorem assessment for a
  191  residential property under this section does not exceed 20
  192  percent of the just value of the property as determined by the
  193  property appraiser. The total amount may exceed this limitation
  194  upon written consent of the holders or loan servicers of any
  195  mortgage encumbering or otherwise secured by the residential
  196  property.
  197         3. The combined mortgage-related debt and total amount of
  198  any non-ad valorem assessments under the program for the
  199  residential property does not exceed 97 percent of the just
  200  value of the property as determined by the property appraiser.
  201         4.The financing agreement does not utilize a negative
  202  amortization schedule, a balloon payment, or prepayment fees or
  203  fines other than nominal administrative costs. Capitalized
  204  interest included in the original balance of the assessment
  205  financing agreement does not constitute negative amortization.
  206         5. All property taxes and any other assessments, including
  207  non-ad valorem assessments, levied on the same bill as the
  208  property taxes are current and have not been delinquent for the
  209  preceding 3 years, or the property owner’s period of ownership,
  210  whichever is less.
  211         6. There are no outstanding fines or fees related to zoning
  212  or code enforcement violations issued by a county or
  213  municipality, unless the qualifying improvement will remedy the
  214  zoning or code violation.
  215         7. There are no involuntary liens, including, but not
  216  limited to, construction liens on the residential property.
  217         8.No notices of default or other evidence of property
  218  based debt delinquency have been recorded and not released
  219  during the preceding 3 years or the property owner’s period of
  220  ownership, whichever is less.
  221         9.The property owner is current on all mortgage debt on
  222  the residential property.
  223         10.The property owner has not been subject to a bankruptcy
  224  proceeding within the last 5 years unless it was discharged or
  225  dismissed more than 2 years before the date on which the
  226  property owner applied for financing.
  227         11.The residential property is not subject to an existing
  228  home equity conversion mortgage or reverse mortgage product.
  229         12.The term of the financing agreement does not exceed the
  230  weighted average useful life of the qualified improvements to
  231  which the greatest portion of funds disbursed under the
  232  assessment contract is attributable, not to exceed 20 years. The
  233  program administrator shall determine the useful life of a
  234  qualifying improvement using established standards, including
  235  certification criteria from government agencies or nationally
  236  recognized standards and testing organizations.
  237         13.The total estimated annual payment amount for all
  238  financing agreements entered into under this section on the
  239  residential property does not exceed 10 percent of the property
  240  owner’s annual household income. Income must be confirmed using
  241  reasonable evidence and not solely by a property owner’s
  242  statement.
  243         14. If the qualifying improvement is for the conversion of
  244  an onsite sewage treatment and disposal system to a central
  245  sewerage system, the property owner has utilized all available
  246  local government funding for such conversions and is unable to
  247  obtain financing for the improvement on more favorable terms
  248  through a local government program designed to support such
  249  conversions.
  250         (b) Before entering into a financing agreement, the program
  251  administrator must determine if there are any current financing
  252  agreements on the residential property and if the property owner
  253  has obtained or sought to obtain additional qualifying
  254  improvements on the same property which have not yet been
  255  recorded. The existence of a prior qualifying improvement non-ad
  256  valorem assessment or a prior financing agreement is not
  257  evidence that the financing agreement under consideration is
  258  affordable or meets other program requirements.
  259         (c) Findings satisfying paragraphs (a) and (b) must be
  260  documented, including supporting evidence relied upon, and
  261  provided to the property owner prior to a financing agreement
  262  being approved and recorded. The program administrator must
  263  retain the documentation for the duration of the financing
  264  agreement.
  265         (d)If the qualifying improvement is estimated to cost
  266  $10,000 or more, before entering into a financing agreement the
  267  program administrator must advise the property owner in writing
  268  that the best practice is to obtain estimates from more than one
  269  unaffiliated, registered qualifying improvement contractors for
  270  the qualifying improvement and notify the property owner in
  271  writing of the advertising and solicitation requirements of s.
  272  163.085.
  273         (e) A property owner and the program administrator may
  274  agree to include in the financing agreement provisions for
  275  allowing change orders necessary to complete the qualifying
  276  improvement. Any financing agreement or contract for qualifying
  277  improvements which includes such provisions must meet the
  278  requirements of this paragraph. If a proposed change order on a
  279  qualifying improvement will increase the original cost of the
  280  qualifying improvement by 20 percent or more or will expand the
  281  scope of the qualifying improvement by more than 20 percent,
  282  before the change order may be executed which would result in an
  283  increase in the amount financed through the program
  284  administrator for the qualifying improvement, the program
  285  administrator must notify the property owner, provide an updated
  286  written disclosure form as described in subsection (4) to the
  287  property owner, and obtain written approval of the change from
  288  the property owner.
  289         (f) A financing agreement may not be entered into if the
  290  total cost of the qualifying improvement, including program fees
  291  and interest, is less than $2,500.
  292         (g) A financing agreement may not be entered into for
  293  qualifying improvements in buildings or facilities under new
  294  construction or construction for which a certificate of
  295  occupancy or similar evidence of substantial completion of new
  296  construction or improvement has not been issued.
  297         (4) DISCLOSURES.—
  298         (a) In addition to the requirements imposed in subsection
  299  (3), a financing agreement may not be executed unless the
  300  program administrator first provides, including via electronic
  301  means, a written financing estimate and disclosure to the
  302  property owner which includes all of the following, each of
  303  which must be individually acknowledged in writing by the
  304  property owner:
  305         1.The estimated total amount to be financed, including the
  306  total and itemized cost of the qualifying improvement, program
  307  fees, and capitalized interest;
  308         2. The estimated annual non-ad valorem assessment;
  309         3.The term of the financing agreement and the schedule for
  310  the non-ad valorem assessments;
  311         4.The interest charged and estimated annual percentage
  312  rate;
  313         5. A description of the qualifying improvement;
  314         6. The total estimated annual costs that will be required
  315  to be paid under the assessment contract, including program
  316  fees;
  317         7. The total estimated average monthly equivalent amount of
  318  funds that would need to be saved in order to pay the annual
  319  costs of the non-ad valorem assessment, including program fees;
  320         8.The estimated due date of the first payment that
  321  includes the non-ad valorem assessment;
  322         9. A disclosure that the financing agreement may be
  323  canceled within 3 business days after signing the financing
  324  agreement without any financial penalty for doing so;
  325         10. A disclosure that the property owner may repay any
  326  remaining amount owed, at any time, without penalty or
  327  imposition of additional prepayment fees or fines other than
  328  nominal administrative costs;
  329         11.A disclosure that if the property owner sells or
  330  refinances the residential property, the property owner may be
  331  required by a mortgage lender to pay off the full amount owed
  332  under each financing agreement under this section;
  333         12.A disclosure that the assessment will be collected
  334  along with the property owner’s property taxes, and will result
  335  in a lien on the property from the date the financing agreement
  336  is recorded;
  337         13.A disclosure that potential utility or insurance
  338  savings are not guaranteed, and will not reduce the assessment
  339  amount; and
  340         14.A disclosure that failure to pay the assessment may
  341  result in penalties, fees, including attorney fees, court costs,
  342  and the issuance of a tax certificate that could result in the
  343  property owner losing the property and a judgment against the
  344  property owner, and may affect the property owner’s credit
  345  rating.
  346         (b) Prior to the financing agreement being approved, the
  347  program administrator must conduct an oral, recorded telephone
  348  call with the property owner during which the program
  349  administrator must confirm each finding or disclosure required
  350  in subsection (3) and this section.
  351         (5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 5
  352  business days before entering into a financing agreement, the
  353  property owner must provide to the holders or loan servicers of
  354  any existing mortgages encumbering or otherwise secured by the
  355  residential property a written notice of the owner’s intent to
  356  enter into a financing agreement together with the maximum
  357  amount to be financed, including the amount of any fees and
  358  interest, and the maximum annual assessment necessary to repay
  359  the total. A verified copy or other proof of such notice must be
  360  provided to the program administrator. A provision in any
  361  agreement between a mortgagor or other lienholder and a property
  362  owner, or otherwise now or hereafter binding upon a property
  363  owner, which allows for acceleration of payment of the mortgage,
  364  note, or lien or other unilateral modification solely as a
  365  result of entering into a financing agreement as provided for in
  366  this section is unenforceable. This subsection does not limit
  367  the authority of the holder or loan servicer to increase the
  368  required monthly escrow by an amount necessary to pay the annual
  369  assessment.
  370         (6) CANCELLATION.—A property owner may cancel a financing
  371  agreement on a form established by the program administrator
  372  within 3 business days after signing the financing agreement
  373  without any financial penalty for doing so.
  374         (7) RECORDING.—Any financing agreement executed pursuant to
  375  this section, or a summary memorandum of such agreement, shall
  376  be submitted for recording in the public records of the county
  377  within which the residential property is located by the program
  378  administrator within 10 business days after execution of the
  379  agreement and the 3-day cancelation period. The recorded
  380  agreement must provide constructive notice that the non-ad
  381  valorem assessment to be levied on the property constitutes a
  382  lien of equal dignity to county taxes and assessments from the
  383  date of recordation. A notice of lien for the full amount of the
  384  financing may be recorded in the public records of the county
  385  where the property is located. Such lien is not enforceable in a
  386  manner that results in the acceleration of the remaining
  387  nondelinquent unpaid balance under the assessment financing
  388  agreement.
  389         (8) SALE OF RESIDENTIAL PROPERTY.—At or before the time a
  390  seller executes a contract for the sale of any residential
  391  property for which a non-ad valorem assessment has been levied
  392  under this section and has an unpaid balance due, the seller
  393  shall give the prospective purchaser a written disclosure
  394  statement in the following form, which must be set forth in the
  395  contract or in a separate writing:
  396  
  397         QUALIFYING IMPROVEMENTS.—The property being purchased
  398         is subject to an assessment on the property pursuant
  399         to s. 163.081, Florida Statutes. The assessment is for
  400         a qualifying improvement to the property and is not
  401         based on the value of the property. You are encouraged
  402         to contact the property appraiser’s office to learn
  403         more about this and other assessments that may be
  404         provided by law.
  405  
  406         (9) DISBURSEMENTS.—Before disbursing final funds to a
  407  qualifying improvement contractor for a qualifying improvement
  408  on residential property, the program administrator shall confirm
  409  that the applicable work or service has been completed or, as
  410  applicable, that the final permit for the qualifying improvement
  411  has been closed with all permit requirements satisfied or a
  412  certificate of occupancy or similar evidence of substantial
  413  completion of construction or improvement has been issued.
  414         (10) CONSTRUCTION.—This section is additional and
  415  supplemental to county and municipal home rule authority and not
  416  in derogation of such authority or a limitation upon such
  417  authority.
  418         Section 3. Section 163.082, Florida Statutes, is created to
  419  read:
  420         163.082Financing qualifying improvements to commercial
  421  property.—
  422         (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.—
  423         (a) A program administrator may only offer a program for
  424  financing qualifying improvements to commercial property within
  425  the jurisdiction of a county or municipality if the county or
  426  municipality has authorized by ordinance or resolution the
  427  program administrator to administer the program for financing
  428  qualifying improvements to commercial property. The authorized
  429  program must, at a minimum, meet the requirements of this
  430  section.
  431         (b) Pursuant to this section or as otherwise provided by
  432  law or pursuant to a county’s or municipality’s home rule power,
  433  a county or municipality may enter into an interlocal agreement
  434  providing for a partnership between one or more counties or
  435  municipalities for the purpose of facilitating a program for
  436  financing qualifying improvements to commercial property located
  437  within the jurisdiction of the counties or municipalities that
  438  are party to the agreement.
  439         (c) A county or municipality may deauthorize a program
  440  administrator through repeal of the ordinance or resolution
  441  adopted pursuant to paragraph (a) or other action. Any recorded
  442  financing agreements at the time of deauthorization shall
  443  continue, except any financing agreement for which the
  444  provisions of s. 163.086 apply.
  445         (d) A program administrator may contract with one or more
  446  third-party administrators to implement the program as provided
  447  in s. 163.084.
  448         (e) An authorized program administrator may levy non-ad
  449  valorem assessments to facilitate repayment of financing or
  450  refinancing qualifying improvements. Costs incurred by the
  451  program administrator for such purpose may be collected as a
  452  non-ad valorem assessment. A non-ad valorem assessment shall be
  453  collected pursuant to s. 197.3632 and, notwithstanding s.
  454  197.3632(8)(a), is not subject to discount for early payment.
  455  However, the notice and adoption requirements of s. 197.3632(4)
  456  do not apply if this section is used and complied with, and the
  457  intent resolution, publication of notice, and mailed notices to
  458  the property appraiser, tax collector, and Department of Revenue
  459  required by s. 197.3632(3)(a) may be provided on or before
  460  August 15 of each year in conjunction with any non-ad valorem
  461  assessment authorized by this section, if the property
  462  appraiser, tax collector, and program administrator agree. The
  463  program administrator shall only compensate the tax collector
  464  for the actual cost of collecting non-ad valorem assessments,
  465  not to exceed 2 percent of the amount collected and remitted.
  466         (f) A program administrator may incur debt for the purpose
  467  of providing financing for qualifying improvements, which debt
  468  is payable from revenues received from the improved property or
  469  any other available revenue source authorized by law.
  470         (2) APPLICATION.—The owner of record of the commercial
  471  property within the jurisdiction of the authorized program may
  472  apply to the program administrator to finance a qualifying
  473  improvement and enter into a financing agreement with the
  474  program administrator to make such improvement. The program
  475  administrator may only enter into a financing agreement with a
  476  property owner.
  477         (3)CONSENT OF LIENHOLDERS AND SERVICERS.—The program
  478  administrator must receive the written consent of the current
  479  holders or loan servicers of any mortgage that encumbers or is
  480  otherwise secured by the commercial property or that will
  481  otherwise be secured by the property before a financing
  482  agreement may be executed.
  483         (4) FINANCING AGREEMENTS.—
  484         (a) A program administrator offering a program for
  485  financing qualifying improvements to commercial property must
  486  maintain underwriting criteria sufficient to determine the
  487  financial feasibility of entering into a financing agreement. To
  488  enter into a financing agreement, the program administrator
  489  must, at a minimum, make each of the following findings based on
  490  a review of public records derived from a commercially accepted
  491  source and the statements, records, and credit reports of the
  492  commercial property owner:
  493         1. There are sufficient resources to complete the project.
  494         2. The combined mortgage-related debt and total amount of
  495  any non-ad valorem assessments under the program for the
  496  commercial property does not exceed 97 percent of the just value
  497  of the property as determined by the property appraiser.
  498         3.All property taxes and any other assessments, including
  499  non-ad valorem assessments, levied on the same bill as the
  500  property taxes are current.
  501         4.There are no involuntary liens greater than $5,000,
  502  including, but not limited to, construction liens on the
  503  commercial property.
  504         5.No notices of default or other evidence of property
  505  based debt delinquency have been recorded and not been released
  506  during the preceding 3 years or the property owner’s period of
  507  ownership, whichever is less.
  508         6.The property owner is current on all mortgage debt on
  509  the commercial property.
  510         7.The term of the financing agreement does not exceed the
  511  weighted average useful life of the qualified improvements to
  512  which the greatest portion of funds disbursed under the
  513  assessment contract is attributable, not to exceed 30 years. The
  514  program administrator shall determine the useful life of a
  515  qualifying improvement using established standards, including
  516  certification criteria from government agencies or nationally
  517  recognized standards and testing organizations.
  518         8.The property owner is not currently the subject of a
  519  bankruptcy proceeding.
  520         (b) Before entering into a financing agreement, the program
  521  administrator shall determine if there are any current financing
  522  agreements on the commercial property and whether the property
  523  owner has obtained or sought to obtain additional qualifying
  524  improvements on the same property which have not yet been
  525  recorded. The existence of a prior qualifying improvement non-ad
  526  valorem assessment or a prior financing agreement is not
  527  evidence that the financing agreement under consideration is
  528  affordable or meets other program requirements.
  529         (c)The program administrator shall document and retain
  530  findings satisfying paragraphs (a) and (b), including supporting
  531  evidence relied upon, which were made prior to the financing
  532  agreement being approved and recorded, for the duration of the
  533  financing agreement.
  534         (d)A property owner and the program administrator may
  535  agree to include in the financing agreement provisions for
  536  allowing change orders necessary to complete the qualifying
  537  improvement. Any financing agreement or contract for qualifying
  538  improvements which includes such provisions must meet the
  539  requirements of this paragraph. If a proposed change order on a
  540  qualifying improvement will increase the original cost of the
  541  qualifying improvement by 20 percent or more or will expand the
  542  scope of the qualifying improvement by 20 percent or more,
  543  before the change order may be executed which would result in an
  544  increase in the amount financed through the program
  545  administrator for the qualifying improvement, the program
  546  administrator must notify the property owner, provide an updated
  547  written disclosure form as described in subsection (5) to the
  548  property owner, and obtain written approval of the change from
  549  the property owner.
  550         (e) A financing agreement may not be entered into if the
  551  total cost of the qualifying improvement, including program fees
  552  and interest, is less than $2,500.
  553         (5) DISCLOSURES.—In addition to the requirements imposed in
  554  subsection (4), a financing agreement may not be executed unless
  555  the program administrator provides, whether on a separate
  556  document or included with other disclosures or forms, a
  557  financing estimate and disclosure to the property owner which
  558  includes all of the following:
  559         (a)The estimated total amount to be financed, including
  560  the total and itemized cost of the qualifying improvement,
  561  program fees, and capitalized interest;
  562         (b) The estimated annual non-ad valorem assessment;
  563         (c)The term of the financing agreement and the schedule
  564  for the non-ad valorem assessments;
  565         (d)The interest charged and estimated annual percentage
  566  rate;
  567         (e) A description of the qualifying improvement;
  568         (f) The total estimated annual costs that will be required
  569  to be paid under the assessment contract, including program
  570  fees;
  571         (g)The estimated due date of the first payment that
  572  includes the non-ad valorem assessment; and
  573         (h) A disclosure of any prepayment penalties, fees, or
  574  fines as set forth in the financing agreement.
  575         (6) RECORDING.—Any financing agreement executed pursuant to
  576  this section or a summary memorandum of such agreement must be
  577  submitted for recording in the public records of the county
  578  within which the commercial property is located by the program
  579  administrator within 10 business days after execution of the
  580  agreement. The recorded agreement must provide constructive
  581  notice that the non-ad valorem assessment to be levied on the
  582  property constitutes a lien of equal dignity to county taxes and
  583  assessments from the date of recordation. A notice of lien for
  584  the full amount of the financing may be recorded in the public
  585  records of the county where the property is located. Such lien
  586  is not enforceable in a manner that results in the acceleration
  587  of the remaining nondelinquent unpaid balance under the
  588  assessment financing agreement.
  589         (7) SALE OF COMMERCIAL PROPERTY.—At or before the time a
  590  seller executes a contract for the sale of any commercial
  591  property for which a non-ad valorem assessment has been levied
  592  under this section and has an unpaid balance due, the seller
  593  shall give the prospective purchaser a written disclosure
  594  statement in the following form, which must be set forth in the
  595  contract or in a separate writing:
  596  
  597         QUALIFYING IMPROVEMENTS.—The property being purchased
  598         is subject to an assessment on the property pursuant
  599         to s. 163.082, Florida Statutes. The assessment is for
  600         a qualifying improvement to the property and is not
  601         based on the value of the property. You are encouraged
  602         to contact the property appraiser’s office to learn
  603         more about this and other assessments that may be
  604         provided for by law.
  605  
  606         (8)COMPLETION CERTIFICATE.—Upon disbursement of all
  607  financing and completion of installation of qualifying
  608  improvements financed, the program administrator shall retain a
  609  certificate that the qualifying improvements have been installed
  610  and are in good working order.
  611         (9) CONSTRUCTION.—This section is additional and
  612  supplemental to county and municipal home rule authority and not
  613  in derogation of such authority or a limitation upon such
  614  authority.
  615         Section 4. Section 163.083, Florida Statutes, is created to
  616  read:
  617         163.083 Qualifying improvement contractors.—
  618         (1) A county or municipality shall establish a process, or
  619  approve a process established by a program administrator, to
  620  register contractors for participation in a program authorized
  621  by a county or municipality pursuant to s. 163.081. A qualifying
  622  improvement contractor may only perform such work that the
  623  contractor is appropriately licensed, registered, and permitted
  624  to conduct. At the time of application to participate and during
  625  participation in the program, contractors must:
  626         (a) Hold all necessary licenses or registrations for the
  627  work to be performed which are in good standing. Good standing
  628  includes no outstanding complaints with the state or local
  629  government which issues such licenses or registrations.
  630         (b)Comply with all applicable federal, state, and local
  631  laws and regulations, including obtaining and maintaining any
  632  other permits, licenses, or registrations required for engaging
  633  in business in the jurisdiction in which it operates and
  634  maintaining all state-required bond and insurance coverage.
  635         (c) File with the program administrator a written statement
  636  in a form approved by the county or municipality that the
  637  contractor will comply with applicable laws and rules and
  638  qualifying improvement program policies and procedures,
  639  including those on advertising and marketing.
  640         (2) A third-party administrator or a program administrator,
  641  either directly or through an affiliate, may not be registered
  642  as a qualifying improvement contractor.
  643         (3) A program administrator shall establish and maintain:
  644         (a)A process to monitor qualifying improvement contractors
  645  for performance and compliance with requirements of the program
  646  and must conduct regular reviews of qualifying improvement
  647  contractors to confirm that each qualifying improvement
  648  contractor is in good standing.
  649         (b)Procedures for notice and imposition of penalties upon
  650  a finding of violation, which may consist of placement of the
  651  qualifying improvement contractor in a probationary status that
  652  places conditions for continued participation, suspension, or
  653  termination from participation in the program.
  654         (c) An easily accessible page on its website that provides
  655  information on the status of registered qualifying improvement
  656  contractors, including any imposed penalties, and the names of
  657  any qualifying improvement contractors currently on probationary
  658  status or that are suspended or terminated from participation in
  659  the program.
  660         Section 5. Section 163.084, Florida Statutes, is created to
  661  read:
  662         163.084 Third-party administrator for financing qualifying
  663  improvements programs.—
  664         (1)(a) A program administrator may contract with one or
  665  more third-party administrators to administer a program
  666  authorized by a county or municipality pursuant to s. 163.081 or
  667  s. 163.082 on behalf of and at the discretion of the program
  668  administrator.
  669         (b) The third-party administrator must be independent of
  670  the program administrator and have no conflicts of interest
  671  between managers or owners of the third-party administrator and
  672  program administrator managers, owners, officials, or employees
  673  with oversight over the contract. A program administrator,
  674  either directly or through an affiliate, may not act as a third
  675  party administrator for itself or for another program
  676  administrator. However, this paragraph does not apply to a
  677  third-party administrator created by an entity authorized in law
  678  pursuant to s. 288.9604.
  679         (c) The contract must provide for the entity to administer
  680  the program according to the requirements of s. 163.081 or s.
  681  163.082 and the ordinance or resolution adopted by the county or
  682  municipality authorizing the program. However, only the program
  683  administrator may levy or administer non-ad valorem assessments.
  684         (2) A program administrator may not contract with a third
  685  party administrator that, within the last 3 years, has been:
  686         (a)Prohibited, after notice and a hearing, from serving as
  687  a third-party administrator for another program administrator
  688  for program or contract violations in this state; or
  689         (b)Found by a court of competent jurisdiction to have
  690  substantially violated state or federal laws related to the
  691  administration of ss. 163.081-163.086 or a similar program in
  692  another jurisdiction.
  693         (3) The program administrator must include in any contract
  694  with the third-party administrator the right to perform annual
  695  reviews of the administrator to confirm compliance with ss.
  696  163.081-163.086, the ordinance or resolution adopted by the
  697  county or municipality, and the contract with the program
  698  administrator. If the program administrator finds that the
  699  third-party administrator has committed a violation of ss.
  700  163.081-163.086, the adopted ordinance or resolution, or the
  701  contract with the program administrator, the program
  702  administrator shall provide the third-party administrator with
  703  notice of the violation and may, as set forth in the adopted
  704  ordinance or resolution or the contract with the third-party
  705  administrator:
  706         (a)Place the third-party administrator in a probationary
  707  status that places conditions for continued operations.
  708         (b)Impose any fines or sanctions.
  709         (c)Suspend the activity of the third-party administrator
  710  for a period of time.
  711         (d)Terminate the agreement with the third-party
  712  administrator.
  713         (4) A program administrator may terminate the agreement
  714  with a third-party administrator, as set forth by the county or
  715  municipality in its adopted ordinance or resolution or the
  716  contract with the third-party administrator, if the program
  717  administrator makes a finding that:
  718         (a) The third-party administrator has violated the contract
  719  with the program administrator. The contract may set forth
  720  substantial violations that may result in contract termination
  721  and other violations that may provide for a period of time for
  722  correction before the contract may be terminated.
  723         (b) The third-party administrator, or an officer, a
  724  director, a manager or a managing member, or a control person of
  725  the third-party administrator, has been found by a court of
  726  competent jurisdiction to have violated state or federal laws
  727  related to the administration a program authorized of the
  728  provisions of ss. 163.081-163.086 or a similar program in
  729  another jurisdiction within the last 5 years.
  730         (c) Any officer, director, manager or managing member, or
  731  control person of the third-party administrator has been
  732  convicted of, or has entered a plea of guilty or nolo contendere
  733  to, regardless of whether adjudication has been withheld, a
  734  crime related to administration of a program authorized of the
  735  provisions of ss. 163.081-163.086 or a similar program in
  736  another jurisdiction within the last 10 years.
  737         (d) An annual performance review reveals a substantial
  738  violation or a pattern of violations by the third-party
  739  administrator.
  740         (5) Any recorded financing agreements at the time of
  741  termination or suspension by the program administrator shall
  742  continue, except any financing agreement for which the
  743  provisions of s. 163.086 apply.
  744         Section 6. Section 163.085, Florida Statutes, is created to
  745  read:
  746         163.085Advertisement and solicitation for financing
  747  qualifying improvements programs under s. 163.081 or s.
  748  163.082.—
  749         (1) When communicating with a property owner, a program
  750  administrator, qualifying improvement contractor, or third-party
  751  administrator may not:
  752         (a)Suggest or imply:
  753         1. That a non-ad valorem assessment authorized under s.
  754  163.081 or s. 163.082 is a government assistance program;
  755         2. That qualifying improvements are free or provided at no
  756  cost, or that the financing related to a non-ad valorem
  757  assessment authorized under s. 163.081 or s. 163.082 is free or
  758  provided at no cost; or
  759         3. That the financing of a qualifying improvement using the
  760  program authorized pursuant to s. 163.081 or s. 163.082 does not
  761  require repayment of the financial obligation.
  762         (b) Make any representation as to the tax deductibility of
  763  a non-ad valorem assessment. A program administrator, qualifying
  764  improvement contractor, or third-party administrator may
  765  encourage a property owner to seek the advice of a tax
  766  professional regarding tax matters related to assessments.
  767         (2) A program administrator or third-party administrator
  768  may not provide to a qualifying improvement contractor any
  769  information that discloses the amount of financing for which a
  770  property owner is eligible for qualifying improvements or the
  771  amount of equity in a residential property or commercial
  772  property.
  773         (3) A qualifying improvement contractor may not advertise
  774  the availability of financing agreements for, or solicit program
  775  participation on behalf of, the program administrator unless the
  776  contractor is registered by the program administrator to
  777  participate in the program and is in good standing with the
  778  program administrator.
  779         (4) A program administrator or third-party administrator
  780  may not provide any payment, fee, or kickback to a qualifying
  781  improvement contractor for referring property owners to the
  782  program administrator or third-party administrator. However, a
  783  program administrator or third-party administrator may provide
  784  information to a qualifying improvement contractor to facilitate
  785  the installation of a qualifying improvement for a property
  786  owner.
  787         (5) A program administrator or third-party administrator
  788  may not reimburse a qualifying improvement contractor for its
  789  expenses in advertising and marketing campaigns and materials.
  790         (6) A qualifying improvement contractor may not provide a
  791  different price for a qualifying improvement financed under s.
  792  163.081 than the price that the qualifying improvement
  793  contractor would otherwise provide if the qualifying improvement
  794  was not being financed through a financing agreement. Any
  795  contract between a property owner and a qualifying improvement
  796  contractor must clearly state all pricing and cost provisions,
  797  including any process for change orders which meet the
  798  requirements of s. 163.081(3)(d).
  799         (7) A program administrator, qualifying improvement
  800  contractor, or third-party administrator may not provide any
  801  direct cash payment or other thing of material value to a
  802  property owner which is explicitly conditioned upon the property
  803  owner entering into a financing agreement. However, a program
  804  administrator or third-party administrator may offer programs or
  805  promotions on a non-discriminatory basis that provide reduced
  806  fees or interest rates if the reduced fees or interest rates are
  807  reflected in the financing agreements and are not provided to
  808  the property owner as cash consideration.
  809         Section 7. Section 163.086, Florida Statutes, is created to
  810  read:
  811         163.086 Unenforceable financing agreements for qualifying
  812  improvements programs under s. 163.081 or s. 163.082;
  813  attachment; fraud.—
  814         (1) A recorded financing agreement may not be removed from
  815  attachment to a residential property or commercial property if
  816  the property owner fraudulently obtained funding pursuant to s.
  817  163.081 or s. 163.082.
  818         (2) A financing agreement may not be enforced, and a
  819  recorded financing agreement may be removed from attachment to a
  820  residential property or commercial property and deemed null and
  821  void, if:
  822         (a)The property owner applied for, accepted, and canceled
  823  a financing agreement within the 3-business-day period pursuant
  824  to s. 163.081(6). A qualifying improvement contractor may not
  825  begin work under a canceled contract.
  826         (b)A person other than the property owner obtained the
  827  recorded financing agreement. The court may enter an order which
  828  holds that person or persons personally liable for the debt.
  829         (c) The program administrator, third-party administrator,
  830  or qualifying improvement contractor approved or obtained
  831  funding through fraudulent means and in violation of ss.
  832  163.081-163.085, or this section for qualifying improvements on
  833  the residential property or commercial property.
  834         (3) If a qualifying improvement contractor has initiated
  835  work on residential property or commercial property under a
  836  contract deemed unenforceable under this section, the qualifying
  837  improvement contractor:
  838         (a) May not receive compensation for that work under the
  839  financing agreement.
  840         (b) Must restore the residential property or commercial
  841  property to its original condition at no cost to the property
  842  owner.
  843         (c) Must immediately return any funds, property, and other
  844  consideration given by the property owner. If the property owner
  845  provided any property and the qualifying improvement contractor
  846  does not or cannot return it, the qualifying improvement
  847  contractor must immediately return the fair market value of the
  848  property or its value as designated in the contract, whichever
  849  is greater.
  850         (4) If the qualifying improvement contractor has delivered
  851  chattel or fixtures to residential property or commercial
  852  property pursuant to a contract deemed unenforceable under this
  853  section, the qualifying improvement contractor has 90 days after
  854  the date on which the contract was executed to retrieve the
  855  chattel or fixtures, provided that:
  856         (a) The qualifying improvement contractor has fulfilled the
  857  requirements of paragraphs (3)(a) and (b).
  858         (b) The chattel and fixtures can be removed at the
  859  qualifying improvement contractor’s expense without damaging the
  860  residential property or commercial property.
  861         (5) If a qualifying improvement contractor fails to comply
  862  with this section, the property owner may retain any chattel or
  863  fixtures provided pursuant to a contract deemed unenforceable
  864  under this section.
  865         (6) A contract that is otherwise unenforceable under this
  866  section remains enforceable if the property owner waives his or
  867  her right to cancel the contract or cancels the financing
  868  agreement pursuant to s. 163.081(6) or s. 163.082(6) but allows
  869  the qualifying improvement contractor to proceed with the
  870  installation of the qualifying improvement.
  871         Section 8. Section 163.087, Florida Statutes, is created to
  872  read:
  873         163.087Reporting for financing qualifying improvements
  874  programs under s. 163.081 or s. 163.082.—
  875         (1) Each program administrator that is authorized to
  876  administer a program for financing qualifying improvements to
  877  residential property or commercial property under s. 163.081 or
  878  s. 163.082 shall post on its website an annual report within 45
  879  days after the end of its fiscal year containing the following
  880  information from the previous year for each program authorized
  881  under s. 163.081 or s. 163.082:
  882         (a)The number and types of qualifying improvements funded.
  883         (b)The aggregate, average, and median dollar amounts of
  884  annual non-ad valorem assessments and the total number of non-ad
  885  valorem assessments collected pursuant to financing agreements
  886  for qualifying improvements.
  887         (c) The total number of defaulted non-ad valorem
  888  assessments, including the total defaulted amount, the number
  889  and dates of missed payments, and the total number of parcels in
  890  default and the length of time in default.
  891         (d)A summary of all reported complaints received by the
  892  program administrator related to the program, including the
  893  names of the third-party administrator, if applicable, and
  894  qualifying improvement contractors and the resolution of each
  895  complaint.
  896         (2) The Auditor General must conduct an operational audit
  897  of each program administrator authorized under s. 163.081 or s.
  898  163.082, including any third-party administrators, for
  899  compliance with the provisions of ss. 163.08-163.086 and any
  900  adopted ordinance at least once every 3 years. The Auditor
  901  General may stagger evaluations; however, every program must be
  902  evaluated at least once by September 1, 2028. The Auditor
  903  General shall adopt rules pursuant to s. 218.39 requiring each
  904  program administrator to report whether it offers a program
  905  authorized pursuant to s. 163.081 or s. 163.082, and other
  906  pertinent information. Each program administrator and, if
  907  applicable, third-party administrator, must post the most recent
  908  report on its website.
  909         Section 9. A current contract, agreement, authorization, or
  910  interlocal agreement between a county or municipality and a
  911  program administrator entered into before July 1, 2024, shall
  912  continue without additional action by the county or
  913  municipality. However, the program administrator must comply
  914  with this act, and any contract, agreement, authorization, or
  915  interlocal agreement must be amended to comply with this act.
  916         Section 10. This act shall take effect July 1, 2024.
  917  
  918  ================= T I T L E  A M E N D M E N T ================
  919  And the title is amended as follows:
  920         Delete everything before the enacting clause
  921  and insert:
  922                        A bill to be entitled                      
  923         An act relating to improvements to real property;
  924         amending s. 163.08, F.S.; deleting provisions relating
  925         to legislative findings and intent; defining terms and
  926         revising definitions; creating s. 163.081, F.S.;
  927         authorizing a program administrator to offer a program
  928         for financing qualifying improvements for residential
  929         property when authorized by a county or municipality;
  930         requiring an authorized program administrator that
  931         administers an authorized program to meet certain
  932         requirements; authorizing a county or municipality to
  933         enter into an interlocal agreement to implement a
  934         program; authorizing a county or municipality to
  935         deauthorize a program administrator through certain
  936         measures; allowing a recorded financing agreement at
  937         the time of deauthorization to continue, with an
  938         exception; authorizing a program administrator to
  939         contract with third-party administrators to implement
  940         the program; authorizing a program administrator to
  941         levy non-ad valorem assessments for a certain purpose;
  942         providing for compensation for tax collectors for
  943         actual costs incurred to collect non-ad valorem
  944         assessments; authorizing a program administrator to
  945         incur debt for the purpose of providing financing for
  946         qualifying improvements; authorizing the owner of
  947         record of the residential property to apply to the
  948         program administrator to finance a qualifying
  949         improvement; requiring the program administrator to
  950         make certain findings before entering into a financing
  951         agreement; requiring the program administrator to
  952         ascertain certain financial information from the
  953         property owner before entering into a financing
  954         agreement; requiring certain documentation before the
  955         financing agreement is approved and recorded;
  956         requiring an advisement and notification for certain
  957         qualifying improvements; requiring certain financing
  958         agreement and contract provisions for change orders
  959         under certain circumstances; prohibiting a financing
  960         agreement from being entered into under certain
  961         circumstances; requiring the program administrator to
  962         provide certain information before a financing
  963         agreement may be executed; requiring an oral, recorded
  964         telephone call with the residential property owner to
  965         confirm findings and disclosures before the approval
  966         of a financing agreement; requiring the residential
  967         property owner to provide written notice to the holder
  968         or loan servicer of his or her intent to enter into a
  969         financing agreement as well as other financial
  970         information; requiring that proof of such notice be
  971         provided to the program administrator; providing that
  972         a certain acceleration provision in an agreement
  973         between the residential property owner and mortgagor
  974         or lienholder is unenforceable; providing that the
  975         lienholder or loan servicer retains certain authority;
  976         authorizing a residential property owner, under
  977         certain circumstances and within a certain timeframe,
  978         to cancel a financing agreement without financial
  979         penalty; requiring recording of the financing
  980         agreement in a specified timeframe; creating the
  981         seller’s disclosure statements for properties offered
  982         for sale which have assessments on them for qualifying
  983         improvements; requiring the program administrator to
  984         confirm that certain conditions are met before
  985         disbursing final funds to a qualifying improvement
  986         contractor for qualifying improvements on residential
  987         property; requiring a program administrator to confirm
  988         that the applicable work service has been completed or
  989         the final permit for the qualifying improvement has
  990         been closed and evidence of substantial completion of
  991         construction or improvement has been issued; creating
  992         s. 163.082, F.S.; authorizing a program administrator
  993         to offer a program for financing qualifying
  994         improvements for commercial property when authorized
  995         by a county or municipality; requiring an authorized
  996         program administrator that administers an authorized
  997         program to meet certain requirements; authorizing a
  998         county or municipality to enter into an interlocal
  999         agreement to implement a program; authorizing a county
 1000         or municipality to deauthorize a program administrator
 1001         through certain measures; authorizing a recorded
 1002         financing agreement at the time of deauthorization to
 1003         continue, with an exception; authorizing a program
 1004         administrator to contract with third-party
 1005         administrators to implement the program; authorizing a
 1006         program administrator to levy non-ad valorem
 1007         assessments for a certain purpose; providing for
 1008         compensation for tax collectors for actual costs
 1009         incurred to collect non-ad valorem assessments;
 1010         authorizing a program administrator to incur debt for
 1011         the purpose of providing financing for qualifying
 1012         improvements; authorizing the owner of record of the
 1013         commercial property to apply to the program
 1014         administrator to finance a qualifying improvement;
 1015         requiring the program; requiring the program
 1016         administrator to receive the written consent of
 1017         current holders or loan servicers of certain mortgages
 1018         encumbering or secured by commercial property;
 1019         requiring a program administrator offering a program
 1020         for financing qualifying improvements to commercial
 1021         property to certain underwriting criteria; requiring
 1022         the program administrator to make certain findings
 1023         before entering into a financing agreement; requiring
 1024         the program administrator to ascertain certain
 1025         financial information from the property owner before
 1026         entering into a financing agreement; requiring the
 1027         program administrator to document and retain certain
 1028         findings; requiring certain financing agreement and
 1029         contract provisions for change orders under certain
 1030         circumstances; prohibiting a financing agreement from
 1031         being entered into under certain circumstances;
 1032         requiring the program administrator to provide certain
 1033         information before a financing agreement may be
 1034         executed; requiring any financing agreement executed
 1035         pursuant to this section be submitted for recording in
 1036         the public records of the county where the commercial
 1037         property is located in a specified timeframe;
 1038         requiring that the recorded agreement provide
 1039         constructive notice that the non-ad valorem assessment
 1040         levied on the property is a lien of equal dignity;
 1041         providing that a lien with a certain acceleration
 1042         provision is unenforceable; creating the seller’s
 1043         disclosure statements for properties offered for sale
 1044         which have assessments on them for qualifying
 1045         improvements; requiring the program administrator to
 1046         confirm that certain conditions are met before
 1047         disbursing final funds to a qualifying improvement
 1048         contractor for qualifying improvements on commercial
 1049         property; providing construction; creating s. 163.083,
 1050         F.S.; requiring a county or municipality to establish
 1051         or approve a process for the registration of a
 1052         qualifying improvement contractor to install
 1053         qualifying improvements; requiring certain conditions
 1054         for a qualifying improvement contractor to participate
 1055         in a program; prohibiting a third-party administrator
 1056         from registering as a qualifying improvement
 1057         contractor; requiring the program administrator to
 1058         monitor qualifying improvement contractors, enforce
 1059         certain penalties for a finding of violation, and post
 1060         certain information online; creating s. 163.084, F.S.;
 1061         authorizing the program administrator to contract with
 1062         entities to administer an authorized program;
 1063         providing certain requirements for a third-party
 1064         administrator; prohibiting a program administrator
 1065         from acting as a third-party administrator under
 1066         certain circumstances; providing an exception;
 1067         requiring the program administrator to include in its
 1068         contract with the third-party administrator the right
 1069         to perform annual reviews of the administrator;
 1070         authorizing the program administrator to take certain
 1071         actions if the program administrator finds that the
 1072         third-party administrator has committed a violation of
 1073         its contract; authorizing a program administrator to
 1074         terminate an agreement with a third-party
 1075         administrator under certain circumstances; providing
 1076         for the continuation of certain financing agreements
 1077         after the termination or suspension of the third-party
 1078         administrator, with an exception; creating s. 163.085,
 1079         F.S.; requiring that, in communicating with the
 1080         property owner, the program administrator, qualifying
 1081         improvement contractor, or third-party administrator
 1082         comply with certain requirements; prohibiting the
 1083         program administrator or third-party administrator
 1084         from disclosing certain financing information to a
 1085         qualifying improvement contractor; prohibiting a
 1086         qualifying improvement contractor from making certain
 1087         advertisements or solicitations; providing exceptions;
 1088         prohibiting a program administrator or third-party
 1089         administrator from providing certain payments, fees,
 1090         or kickbacks to a qualifying improvement contractor;
 1091         prohibiting a program administrator or third-party
 1092         administrator from reimbursing a qualifying
 1093         improvement contractor for certain expenses;
 1094         prohibiting a qualifying improvement contractor from
 1095         providing different prices for a qualifying
 1096         improvement; requiring a contract between a property
 1097         owner and a qualifying improvement contractor to
 1098         include certain provisions; prohibiting a program
 1099         administrator, qualifying improvement contractor, or
 1100         third-party administrator from providing any cash
 1101         payment or anything of material value to a property
 1102         owner which is explicitly conditioned on a financing
 1103         agreement; providing exceptions; creating s. 163.086,
 1104         F.S.; prohibiting a recorded financing agreement from
 1105         being removed from attachment to a property under
 1106         certain circumstances; providing for the
 1107         unenforceability of a financing agreement under
 1108         certain circumstances; providing provisions for when a
 1109         qualifying improvement contractor initiates work on an
 1110         unenforceable contract; providing that a qualifying
 1111         improvement contractor may retrieve chattel or
 1112         fixtures delivered pursuant to an unenforceable
 1113         contract if certain conditions are met; providing that
 1114         an unenforceable contract will remain unenforceable
 1115         under certain circumstances; creating s. 163.087,
 1116         F.S.; requiring a program administrator authorized to
 1117         administer a program for financing a qualifying
 1118         improvement to post on its website an annual report;
 1119         specifying requirements for the report; requiring the
 1120         Auditor General to conduct an operational audit of
 1121         each program administrator; requiring the Auditor
 1122         General to adopt certain rules requiring certain
 1123         reporting from the program administrator; requiring
 1124         program administrators and, if applicable, third-party
 1125         administrators to post the report on its website;
 1126         providing that a contract, agreement, authorization,
 1127         or interlocal agreement entered into before a certain
 1128         date may continue without additional action by the
 1129         county or municipality; requiring that the program
 1130         administrator comply with the act and that any related
 1131         contracts, agreements, authorizations, or interlocal
 1132         agreements be amended to comply with the act;
 1133         providing an effective date.