CS for CS for SB 770 First Engrossed 2024770e1 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 s. 163.081, F.S.; 6 authorizing a program administrator to offer a program 7 for financing qualifying improvements for residential 8 property when authorized by a county or municipality; 9 requiring an authorized program administrator that 10 administers an authorized program to meet certain 11 requirements; authorizing a county or municipality to 12 enter into an interlocal agreement to implement a 13 program; authorizing a county or municipality to 14 deauthorize a program administrator through certain 15 measures; allowing a recorded financing agreement at 16 the time of deauthorization to continue, with an 17 exception; authorizing a program administrator to 18 contract with third-party administrators to implement 19 the program; authorizing a program administrator to 20 levy non-ad valorem assessments for a certain purpose; 21 providing for compensation for tax collectors for 22 actual costs incurred to collect non-ad valorem 23 assessments; authorizing a program administrator to 24 incur debt for the purpose of providing financing for 25 qualifying improvements; authorizing the owner of 26 record of the residential property to apply to the 27 program administrator to finance a qualifying 28 improvement; requiring the program administrator to 29 make certain findings before entering into a financing 30 agreement; requiring the program administrator to 31 ascertain certain financial information from the 32 property owner before entering into a financing 33 agreement; requiring certain documentation before the 34 financing agreement is approved and recorded; 35 requiring an advisement and notification for certain 36 qualifying improvements; requiring certain financing 37 agreement and contract provisions for change orders 38 under certain circumstances; prohibiting a financing 39 agreement from being entered into under certain 40 circumstances; requiring the program administrator to 41 provide certain information before a financing 42 agreement may be executed; requiring an oral, recorded 43 telephone call with the residential property owner to 44 confirm findings and disclosures before the approval 45 of a financing agreement; requiring the residential 46 property owner to provide written notice to the holder 47 or loan servicer of his or her intent to enter into a 48 financing agreement as well as other financial 49 information; requiring that proof of such notice be 50 provided to the program administrator; providing that 51 a certain acceleration provision in an agreement 52 between the residential property owner and mortgagor 53 or lienholder is unenforceable; providing that the 54 lienholder or loan servicer retains certain authority; 55 authorizing a residential property owner, under 56 certain circumstances and within a certain timeframe, 57 to cancel a financing agreement without financial 58 penalty; requiring recording of the financing 59 agreement in a specified timeframe; creating the 60 seller’s disclosure statements for properties offered 61 for sale which have assessments on them for qualifying 62 improvements; requiring the program administrator to 63 confirm that certain conditions are met before 64 disbursing final funds to a qualifying improvement 65 contractor for qualifying improvements on residential 66 property; requiring a program administrator to confirm 67 that the applicable work service has been completed or 68 the final permit for the qualifying improvement has 69 been closed and evidence of substantial completion of 70 construction or improvement has been issued; creating 71 s. 163.082, F.S.; authorizing a program administrator 72 to offer a program for financing qualifying 73 improvements for commercial property when authorized 74 by a county or municipality; requiring an authorized 75 program administrator that administers an authorized 76 program to meet certain requirements; authorizing a 77 county or municipality to enter into an interlocal 78 agreement to implement a program; authorizing a county 79 or municipality to deauthorize a program administrator 80 through certain measures; authorizing a recorded 81 financing agreement at the time of deauthorization to 82 continue, with an exception; authorizing a program 83 administrator to contract with third-party 84 administrators to implement the program; authorizing a 85 program administrator to levy non-ad valorem 86 assessments for a certain purpose; providing for 87 compensation for tax collectors for actual costs 88 incurred to collect non-ad valorem assessments; 89 authorizing a program administrator to incur debt for 90 the purpose of providing financing for qualifying 91 improvements; authorizing the owner of record of the 92 commercial property to apply to the program 93 administrator to finance a qualifying improvement; 94 requiring the program administrator to receive the 95 written consent of current holders or loan servicers 96 of certain mortgages encumbering or secured by 97 commercial property; requiring a program administrator 98 offering a program for financing qualifying 99 improvements to commercial property to certain 100 underwriting criteria; requiring the program 101 administrator to make certain findings before entering 102 into a financing agreement; requiring the program 103 administrator to ascertain certain financial 104 information from the property owner before entering 105 into a financing agreement; requiring the program 106 administrator to document and retain certain findings; 107 requiring certain financing agreement and contract 108 provisions for change orders under certain 109 circumstances; prohibiting a financing agreement from 110 being entered into under certain circumstances; 111 requiring the program administrator to provide certain 112 information before a financing agreement may be 113 executed; requiring any financing agreement executed 114 pursuant to this section be submitted for recording in 115 the public records of the county where the commercial 116 property is located in a specified timeframe; 117 requiring that the recorded agreement provide 118 constructive notice that the non-ad valorem assessment 119 levied on the property is a lien of equal dignity; 120 providing that a lien with a certain acceleration 121 provision is unenforceable; creating the seller’s 122 disclosure statements for properties offered for sale 123 which have assessments on them for qualifying 124 improvements; requiring the program administrator to 125 confirm that certain conditions are met before 126 disbursing final funds to a qualifying improvement 127 contractor for qualifying improvements on commercial 128 property; providing construction; creating s. 163.083, 129 F.S.; requiring a county or municipality to establish 130 or approve a process for the registration of a 131 qualifying improvement contractor to install 132 qualifying improvements; requiring certain conditions 133 for a qualifying improvement contractor to participate 134 in a program; prohibiting a third-party administrator 135 from registering as a qualifying improvement 136 contractor; requiring the program administrator to 137 monitor qualifying improvement contractors, enforce 138 certain penalties for a finding of violation, and post 139 certain information online; creating s. 163.084, F.S.; 140 authorizing the program administrator to contract with 141 entities to administer an authorized program; 142 providing certain requirements for a third-party 143 administrator; prohibiting a program administrator 144 from acting as a third-party administrator under 145 certain circumstances; providing an exception; 146 requiring the program administrator to include in its 147 contract with the third-party administrator the right 148 to perform annual reviews of the administrator; 149 authorizing the program administrator to take certain 150 actions if the program administrator finds that the 151 third-party administrator has committed a violation of 152 its contract; authorizing a program administrator to 153 terminate an agreement with a third-party 154 administrator under certain circumstances; providing 155 for the continuation of certain financing agreements 156 after the termination or suspension of the third-party 157 administrator, with an exception; creating s. 163.085, 158 F.S.; requiring that, in communicating with the 159 property owner, the program administrator, qualifying 160 improvement contractor, or third-party administrator 161 comply with certain requirements; prohibiting the 162 program administrator or third-party administrator 163 from disclosing certain financing information to a 164 qualifying improvement contractor; prohibiting a 165 qualifying improvement contractor from making certain 166 advertisements or solicitations; providing exceptions; 167 prohibiting a program administrator or third-party 168 administrator from providing certain payments, fees, 169 or kickbacks to a qualifying improvement contractor; 170 prohibiting a program administrator or third-party 171 administrator from reimbursing a qualifying 172 improvement contractor for certain expenses; 173 prohibiting a qualifying improvement contractor from 174 providing different prices for a qualifying 175 improvement; requiring a contract between a property 176 owner and a qualifying improvement contractor to 177 include certain provisions; prohibiting a program 178 administrator, qualifying improvement contractor, or 179 third-party administrator from providing any cash 180 payment or anything of material value to a property 181 owner which is explicitly conditioned on a financing 182 agreement; providing exceptions; creating s. 163.086, 183 F.S.; prohibiting a recorded financing agreement from 184 being removed from attachment to a property under 185 certain circumstances; providing for the 186 unenforceability of a financing agreement under 187 certain circumstances; providing provisions for when a 188 qualifying improvement contractor initiates work on an 189 unenforceable contract; providing that a qualifying 190 improvement contractor may retrieve chattel or 191 fixtures delivered pursuant to an unenforceable 192 contract if certain conditions are met; providing that 193 an unenforceable contract will remain unenforceable 194 under certain circumstances; creating s. 163.087, 195 F.S.; requiring a program administrator authorized to 196 administer a program for financing a qualifying 197 improvement to post on its website an annual report; 198 specifying requirements for the report; requiring the 199 Auditor General to conduct an operational audit of 200 each program administrator; requiring the Auditor 201 General to adopt certain rules requiring certain 202 reporting from the program administrator; requiring 203 program administrators and, if applicable, third-party 204 administrators to post the report on its website; 205 providing that a contract, agreement, authorization, 206 or interlocal agreement entered into before a certain 207 date may continue without additional action by the 208 county or municipality; requiring that the program 209 administrator comply with the act and that any related 210 contracts, agreements, authorizations, or interlocal 211 agreements be amended to comply with the act; 212 providing an effective date. 213 214 Be It Enacted by the Legislature of the State of Florida: 215 216 Section 1. Section 163.08, Florida Statutes, is amended to 217 read: 218 (Substantial rewording of section. See 219 s. 163.08, F.S., for present text.) 220 163.08 Definitions.—As used in ss. 163.081-163.087, the 221 term: 222 (1) “Commercial property” means real property other than 223 residential property. The term includes, but is not limited to, 224 a property zoned multifamily residential which is composed of 225 five or more dwelling units; and real property used for 226 commercial, industrial, or agricultural purposes. 227 (2) “Program administrator” means a county, a municipality, 228 a dependent special district as defined in s. 189.012, or a 229 separate legal entity created pursuant to s. 163.01(7) which 230 directly operates a program for financing qualifying 231 improvements and is authorized pursuant to s. 163.081 or s. 232 163.082. 233 (3) “Property owner” means the owner or owners of record of 234 real property. The term includes real property held in trust for 235 the benefit of one or more individuals, in which case the 236 individual or individuals may be considered as the property 237 owner or owners, provided that the trustee provides written 238 consent. The term does not include persons renting, using, 239 living, or otherwise occupying real property. 240 (4) “Qualifying improvement” means the following permanent 241 improvements located on real property within the jurisdiction of 242 an authorized financing program: 243 (a) For improvements on residential property: 244 1. Repairing, replacing, or improving a central sewerage 245 system, converting an onsite sewage treatment and disposal 246 system to a central sewerage system, or, if no central sewerage 247 system is available, removing, repairing, replacing, or 248 improving an onsite sewage treatment and disposal system to an 249 advanced system or technology. 250 2. Repairing, replacing, or improving a roof, including 251 improvements that strengthen the roof deck attachment; create a 252 secondary water barrier to prevent water intrusion; install 253 wind-resistant shingles or gable-end bracing; or reinforce roof 254 to-wall connections. 255 3. Providing flood and water damage mitigation and 256 resiliency improvements, prioritizing repairs, replacement, or 257 improvements that qualify for reductions in flood insurance 258 premiums, including raising a structure above the base flood 259 elevation to reduce flood damage; constructing a flood diversion 260 apparatus, drainage gate, or seawall improvement, including 261 seawall repairs and seawall replacements; purchasing flood 262 damage-resistant building materials; or making electrical, 263 mechanical, plumbing, or other system improvements that reduce 264 flood damage. 265 4. Replacing windows or doors, including garage doors, with 266 energy-efficient, impact-resistant, wind-resistant, or hurricane 267 windows or doors or installing storm shutters. 268 5. Installing energy-efficient heating, cooling, or 269 ventilation systems. 270 6. Replacing or installing insulation. 271 7. Replacing or installing energy-efficient water heaters. 272 8. Installing and affixing a permanent generator. 273 9. Providing a renewable energy improvement, including the 274 installation of any system in which the electrical, mechanical, 275 or thermal energy is produced from a method that uses solar, 276 geothermal, bioenergy, wind, or hydrogen. 277 (b) For installing or constructing improvements on 278 commercial property: 279 1. Waste system improvements, which consists of repairing, 280 replacing, improving, or constructing a central sewerage system, 281 converting an onsite sewage treatment and disposal system to a 282 central sewerage system, or, if no central sewerage system is 283 available, removing, repairing, replacing, or improving an 284 onsite sewage treatment and disposal system to an advanced 285 system or technology. 286 2. Making resiliency improvements, which includes but is 287 not limited to: 288 a. Repairing, replacing, improving, or constructing a roof, 289 including improvements that strengthen the roof deck attachment; 290 b. Creating a secondary water barrier to prevent water 291 intrusion; 292 c. Installing wind-resistant shingles or gable-end bracing; 293 d. Reinforcing roof-to-wall connections; or 294 e. Providing flood and water damage mitigation and 295 resiliency improvements, prioritizing repairs, replacement, or 296 improvements that qualify for reductions in flood insurance 297 premiums, including raising a structure above the base flood 298 elevation to reduce flood damage; creating or improving 299 stormwater and flood resiliency, including flood diversion 300 apparatus, drainage gates, or shoreline improvements; purchasing 301 flood-damage-resistant building materials; or making any other 302 improvements necessary to achieve a sustainable building rating 303 or compliance with a national model resiliency standard and any 304 improvements to a structure to achieve wind or flood insurance 305 rate reductions, including building elevation. 306 3. Energy conservation and efficiency improvements, which 307 are measures to reduce consumption through efficient use or 308 conservation of electricity, natural gas, propane, or other 309 forms of energy, including but not limited to, air sealing; 310 installation of insulation; installation of energy-efficient 311 heating, cooling, or ventilation systems; building modification 312 to increase the use of daylight; window replacement; windows; 313 energy controls or energy recovery systems; installation of 314 electric vehicle charging equipment; installation of efficient 315 lighting equipment; or any other improvements necessary to 316 achieve a sustainable building rating or compliance with a 317 national model green building code. 318 4. Renewable energy improvements, including the 319 installation of any system in which the electrical, mechanical, 320 or thermal energy is produced from a method that uses solar, 321 geothermal, bioenergy, wind, or hydrogen. 322 5. Water conservation efficiency improvements, which are 323 measures to reduce consumption through efficient use or 324 conservation of water. 325 (5) “Qualifying improvement contractor” means a licensed or 326 registered contractor who has been registered to participate by 327 a program administrator pursuant to s. 163.083 to install or 328 otherwise perform work to make qualifying improvements on 329 residential property financed pursuant to a program authorized 330 under s. 163.081. 331 (6) “Residential property” means real property zoned as 332 residential or multifamily residential and composed of four or 333 fewer dwelling units. 334 (7) “Third-party administrator” means an entity under 335 contract with a program administrator pursuant to s. 163.084. 336 Section 2. Section 163.081, Florida Statutes, is created to 337 read: 338 163.081 Financing qualifying improvements to residential 339 property.— 340 (1) RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.— 341 (a) A program administrator may only offer a program for 342 financing qualifying improvements to residential property within 343 the jurisdiction of a county or municipality if the county or 344 municipality has authorized by ordinance or resolution the 345 program administrator to administer the program for financing 346 qualifying improvements to residential property. The authorized 347 program must, at a minimum, meet the requirements of this 348 section. 349 (b) Pursuant to this section or as otherwise provided by 350 law or pursuant to a county’s or municipality’s home rule power, 351 a county or municipality may enter into an interlocal agreement 352 providing for a partnership between one or more counties or 353 municipalities for the purpose of facilitating a program to 354 finance qualifying improvements to residential property located 355 within the jurisdiction of the counties or municipalities that 356 are party to the agreement. 357 (c) A county or municipality may deauthorize a program 358 administrator through repeal of the ordinance or resolution 359 adopted pursuant to paragraph (a) or other action. Any recorded 360 financing agreements at the time of deauthorization shall 361 continue, except any financing agreement for which the 362 provisions of s. 163.086 apply. 363 (d) An authorized program administrator may contract with 364 one or more third-party administrators to implement the program 365 as provided in s. 163.084. 366 (e) An authorized program administrator may levy non-ad 367 valorem assessments to facilitate repayment of financing 368 qualifying improvements. Costs incurred by the program 369 administrator for such purpose may be collected as a non-ad 370 valorem assessment. A non-ad valorem assessment shall be 371 collected pursuant to s. 197.3632 and, notwithstanding s. 372 197.3632(8)(a), shall not be subject to discount for early 373 payment. However, the notice and adoption requirements of s. 374 197.3632(4) do not apply if this section is used and complied 375 with, and the intent resolution, publication of notice, and 376 mailed notices to the property appraiser, tax collector, and 377 Department of Revenue required by s. 197.3632(3)(a) may be 378 provided on or before August 15 of each year in conjunction with 379 any non-ad valorem assessment authorized by this section, if the 380 property appraiser, tax collector, and program administrator 381 agree. The program administrator shall only compensate the tax 382 collector for the actual cost of collecting non-ad valorem 383 assessments, not to exceed 2 percent of the amount collected and 384 remitted. 385 (f) A program administrator may incur debt for the purpose 386 of providing financing for qualifying improvements, which debt 387 is payable from revenues received from the improved property or 388 any other available revenue source authorized by law. 389 (2) APPLICATION.—The owner of record of the residential 390 property within the jurisdiction of an authorized program may 391 apply to the authorized program administrator to finance a 392 qualifying improvement. The program administrator may only enter 393 into a financing agreement with the property owner. 394 (3) FINANCING AGREEMENTS.— 395 (a) Before entering into a financing agreement, the program 396 administrator must make each of the following findings based on 397 a review of public records derived from a commercially accepted 398 source and the property owner’s statements, records, and credit 399 reports: 400 1. There are sufficient resources to complete the project. 401 2. The total amount of any non-ad valorem assessment for a 402 residential property under this section does not exceed 20 403 percent of the just value of the property as determined by the 404 property appraiser. The total amount may exceed this limitation 405 upon written consent of the holders or loan servicers of any 406 mortgage encumbering or otherwise secured by the residential 407 property. 408 3. The combined mortgage-related debt and total amount of 409 any non-ad valorem assessments under the program for the 410 residential property does not exceed 97 percent of the just 411 value of the property as determined by the property appraiser. 412 4. The financing agreement does not utilize a negative 413 amortization schedule, a balloon payment, or prepayment fees or 414 fines other than nominal administrative costs. Capitalized 415 interest included in the original balance of the assessment 416 financing agreement does not constitute negative amortization. 417 5. All property taxes and any other assessments, including 418 non-ad valorem assessments, levied on the same bill as the 419 property taxes are current and have not been delinquent for the 420 preceding 3 years, or the property owner’s period of ownership, 421 whichever is less. 422 6. There are no outstanding fines or fees related to zoning 423 or code enforcement violations issued by a county or 424 municipality, unless the qualifying improvement will remedy the 425 zoning or code violation. 426 7. There are no involuntary liens, including, but not 427 limited to, construction liens on the residential property. 428 8. No notices of default or other evidence of property 429 based debt delinquency have been recorded and not released 430 during the preceding 3 years or the property owner’s period of 431 ownership, whichever is less. 432 9. The property owner is current on all mortgage debt on 433 the residential property. 434 10. The property owner has not been subject to a bankruptcy 435 proceeding within the last 5 years unless it was discharged or 436 dismissed more than 2 years before the date on which the 437 property owner applied for financing. 438 11. The residential property is not subject to an existing 439 home equity conversion mortgage or reverse mortgage product. 440 12. The term of the financing agreement does not exceed the 441 weighted average useful life of the qualified improvements to 442 which the greatest portion of funds disbursed under the 443 assessment contract is attributable, not to exceed 20 years. The 444 program administrator shall determine the useful life of a 445 qualifying improvement using established standards, including 446 certification criteria from government agencies or nationally 447 recognized standards and testing organizations. 448 13. The total estimated annual payment amount for all 449 financing agreements entered into under this section on the 450 residential property does not exceed 10 percent of the property 451 owner’s annual household income. Income must be confirmed using 452 reasonable evidence and not solely by a property owner’s 453 statement. 454 14. If the qualifying improvement is for the conversion of 455 an onsite sewage treatment and disposal system to a central 456 sewerage system, the property owner has utilized all available 457 local government funding for such conversions and is unable to 458 obtain financing for the improvement on more favorable terms 459 through a local government program designed to support such 460 conversions. 461 (b) Before entering into a financing agreement, the program 462 administrator must determine if there are any current financing 463 agreements on the residential property and if the property owner 464 has obtained or sought to obtain additional qualifying 465 improvements on the same property which have not yet been 466 recorded. The existence of a prior qualifying improvement non-ad 467 valorem assessment or a prior financing agreement is not 468 evidence that the financing agreement under consideration is 469 affordable or meets other program requirements. 470 (c) Findings satisfying paragraphs (a) and (b) must be 471 documented, including supporting evidence relied upon, and 472 provided to the property owner prior to a financing agreement 473 being approved and recorded. The program administrator must 474 retain the documentation for the duration of the financing 475 agreement. 476 (d) If the qualifying improvement is estimated to cost 477 $10,000 or more, before entering into a financing agreement the 478 program administrator must advise the property owner in writing 479 that the best practice is to obtain estimates from more than one 480 unaffiliated, registered qualifying improvement contractor for 481 the qualifying improvement and notify the property owner in 482 writing of the advertising and solicitation requirements of s. 483 163.085. 484 (e) A property owner and the program administrator may 485 agree to include in the financing agreement provisions for 486 allowing change orders necessary to complete the qualifying 487 improvement. Any financing agreement or contract for qualifying 488 improvements which includes such provisions must meet the 489 requirements of this paragraph. If a proposed change order on a 490 qualifying improvement will increase the original cost of the 491 qualifying improvement by 20 percent or more or will expand the 492 scope of the qualifying improvement by more than 20 percent, 493 before the change order may be executed which would result in an 494 increase in the amount financed through the program 495 administrator for the qualifying improvement, the program 496 administrator must notify the property owner, provide an updated 497 written disclosure form as described in subsection (4) to the 498 property owner, and obtain written approval of the change from 499 the property owner. 500 (f) A financing agreement may not be entered into if the 501 total cost of the qualifying improvement, including program fees 502 and interest, is less than $2,500. 503 (g) A financing agreement may not be entered into for 504 qualifying improvements in buildings or facilities under new 505 construction or construction for which a certificate of 506 occupancy or similar evidence of substantial completion of new 507 construction or improvement has not been issued. 508 (4) DISCLOSURES.— 509 (a) In addition to the requirements imposed in subsection 510 (3), a financing agreement may not be executed unless the 511 program administrator first provides, including via electronic 512 means, a written financing estimate and disclosure to the 513 property owner which includes all of the following, each of 514 which must be individually acknowledged in writing by the 515 property owner: 516 1. The estimated total amount to be financed, including the 517 total and itemized cost of the qualifying improvement, program 518 fees, and capitalized interest; 519 2. The estimated annual non-ad valorem assessment; 520 3. The term of the financing agreement and the schedule for 521 the non-ad valorem assessments; 522 4. The interest charged and estimated annual percentage 523 rate; 524 5. A description of the qualifying improvement; 525 6. The total estimated annual costs that will be required 526 to be paid under the assessment contract, including program 527 fees; 528 7. The total estimated average monthly equivalent amount of 529 funds that would need to be saved in order to pay the annual 530 costs of the non-ad valorem assessment, including program fees; 531 8. The estimated due date of the first payment that 532 includes the non-ad valorem assessment; 533 9. A disclosure that the financing agreement may be 534 canceled within 3 business days after signing the financing 535 agreement without any financial penalty for doing so; 536 10. A disclosure that the property owner may repay any 537 remaining amount owed, at any time, without penalty or 538 imposition of additional prepayment fees or fines other than 539 nominal administrative costs; 540 11. A disclosure that if the property owner sells or 541 refinances the residential property, the property owner may be 542 required by a mortgage lender to pay off the full amount owed 543 under each financing agreement under this section; 544 12. A disclosure that the assessment will be collected 545 along with the property owner’s property taxes, and will result 546 in a lien on the property from the date the financing agreement 547 is recorded; 548 13. A disclosure that potential utility or insurance 549 savings are not guaranteed, and will not reduce the assessment 550 amount; and 551 14. A disclosure that failure to pay the assessment may 552 result in penalties, fees, including attorney fees, court costs, 553 and the issuance of a tax certificate that could result in the 554 property owner losing the property and a judgment against the 555 property owner, and may affect the property owner’s credit 556 rating. 557 (b) Prior to the financing agreement being approved, the 558 program administrator must conduct an oral, recorded telephone 559 call with the property owner during which the program 560 administrator must confirm each finding or disclosure required 561 in subsection (3) and this section. 562 (5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 5 563 business days before entering into a financing agreement, the 564 property owner must provide to the holders or loan servicers of 565 any existing mortgages encumbering or otherwise secured by the 566 residential property a written notice of the owner’s intent to 567 enter into a financing agreement together with the maximum 568 amount to be financed, including the amount of any fees and 569 interest, and the maximum annual assessment necessary to repay 570 the total. A verified copy or other proof of such notice must be 571 provided to the program administrator. A provision in any 572 agreement between a mortgagor or other lienholder and a property 573 owner, or otherwise now or hereafter binding upon a property 574 owner, which allows for acceleration of payment of the mortgage, 575 note, or lien or other unilateral modification solely as a 576 result of entering into a financing agreement as provided for in 577 this section is unenforceable. This subsection does not limit 578 the authority of the holder or loan servicer to increase the 579 required monthly escrow by an amount necessary to pay the annual 580 assessment. 581 (6) CANCELLATION.—A property owner may cancel a financing 582 agreement on a form established by the program administrator 583 within 3 business days after signing the financing agreement 584 without any financial penalty for doing so. 585 (7) RECORDING.—Any financing agreement executed pursuant to 586 this section, or a summary memorandum of such agreement, shall 587 be submitted for recording in the public records of the county 588 within which the residential property is located by the program 589 administrator within 10 business days after execution of the 590 agreement and the 3-day cancelation period. The recorded 591 agreement must provide constructive notice that the non-ad 592 valorem assessment to be levied on the property constitutes a 593 lien of equal dignity to county taxes and assessments from the 594 date of recordation. A notice of lien for the full amount of the 595 financing may be recorded in the public records of the county 596 where the property is located. Such lien is not enforceable in a 597 manner that results in the acceleration of the remaining 598 nondelinquent unpaid balance under the assessment financing 599 agreement. 600 (8) SALE OF RESIDENTIAL PROPERTY.—At or before the time a 601 seller executes a contract for the sale of any residential 602 property for which a non-ad valorem assessment has been levied 603 under this section and has an unpaid balance due, the seller 604 shall give the prospective purchaser a written disclosure 605 statement in the following form, which must be set forth in the 606 contract or in a separate writing: 607 608 QUALIFYING IMPROVEMENTS.—The property being purchased 609 is subject to an assessment on the property pursuant 610 to s. 163.081, Florida Statutes. The assessment is for 611 a qualifying improvement to the property and is not 612 based on the value of the property. You are encouraged 613 to contact the property appraiser’s office to learn 614 more about this and other assessments that may be 615 provided by law. 616 617 (9) DISBURSEMENTS.—Before disbursing final funds to a 618 qualifying improvement contractor for a qualifying improvement 619 on residential property, the program administrator shall confirm 620 that the applicable work or service has been completed or, as 621 applicable, that the final permit for the qualifying improvement 622 has been closed with all permit requirements satisfied or a 623 certificate of occupancy or similar evidence of substantial 624 completion of construction or improvement has been issued. 625 (10) CONSTRUCTION.—This section is additional and 626 supplemental to county and municipal home rule authority and not 627 in derogation of such authority or a limitation upon such 628 authority. 629 Section 3. Section 163.082, Florida Statutes, is created to 630 read: 631 163.082 Financing qualifying improvements to commercial 632 property.— 633 (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.— 634 (a) A program administrator may only offer a program for 635 financing qualifying improvements to commercial property within 636 the jurisdiction of a county or municipality if the county or 637 municipality has authorized by ordinance or resolution the 638 program administrator to administer the program for financing 639 qualifying improvements to commercial property. The authorized 640 program must, at a minimum, meet the requirements of this 641 section. 642 (b) Pursuant to this section or as otherwise provided by 643 law or pursuant to a county’s or municipality’s home rule power, 644 a county or municipality may enter into an interlocal agreement 645 providing for a partnership between one or more counties or 646 municipalities for the purpose of facilitating a program for 647 financing qualifying improvements to commercial property located 648 within the jurisdiction of the counties or municipalities that 649 are party to the agreement. 650 (c) A county or municipality may deauthorize a program 651 administrator through repeal of the ordinance or resolution 652 adopted pursuant to paragraph (a) or other action. Any recorded 653 financing agreements at the time of deauthorization shall 654 continue, except any financing agreement for which the 655 provisions of s. 163.086 apply. 656 (d) A program administrator may contract with one or more 657 third-party administrators to implement the program as provided 658 in s. 163.084. 659 (e) An authorized program administrator may levy non-ad 660 valorem assessments to facilitate repayment of financing or 661 refinancing qualifying improvements. Costs incurred by the 662 program administrator for such purpose may be collected as a 663 non-ad valorem assessment. A non-ad valorem assessment shall be 664 collected pursuant to s. 197.3632 and, notwithstanding s. 665 197.3632(8)(a), is not subject to discount for early payment. 666 However, the notice and adoption requirements of s. 197.3632(4) 667 do not apply if this section is used and complied with, and the 668 intent resolution, publication of notice, and mailed notices to 669 the property appraiser, tax collector, and Department of Revenue 670 required by s. 197.3632(3)(a) may be provided on or before 671 August 15 of each year in conjunction with any non-ad valorem 672 assessment authorized by this section, if the property 673 appraiser, tax collector, and program administrator agree. The 674 program administrator shall only compensate the tax collector 675 for the actual cost of collecting non-ad valorem assessments, 676 not to exceed 2 percent of the amount collected and remitted. 677 (f) A program administrator may incur debt for the purpose 678 of providing financing for qualifying improvements, which debt 679 is payable from revenues received from the improved property or 680 any other available revenue source authorized by law. 681 (2) APPLICATION.—The owner of record of the commercial 682 property within the jurisdiction of the authorized program may 683 apply to the program administrator to finance a qualifying 684 improvement and enter into a financing agreement with the 685 program administrator to make such improvement. The program 686 administrator may only enter into a financing agreement with a 687 property owner. 688 (3) CONSENT OF LIENHOLDERS AND SERVICERS.—The program 689 administrator must receive the written consent of the current 690 holders or loan servicers of any mortgage that encumbers or is 691 otherwise secured by the commercial property or that will 692 otherwise be secured by the property before a financing 693 agreement may be executed. 694 (4) FINANCING AGREEMENTS.— 695 (a) A program administrator offering a program for 696 financing qualifying improvements to commercial property must 697 maintain underwriting criteria sufficient to determine the 698 financial feasibility of entering into a financing agreement. To 699 enter into a financing agreement, the program administrator 700 must, at a minimum, make each of the following findings based on 701 a review of public records derived from a commercially accepted 702 source and the statements, records, and credit reports of the 703 commercial property owner: 704 1. There are sufficient resources to complete the project. 705 2. The combined mortgage-related debt and total amount of 706 any non-ad valorem assessments under the program for the 707 commercial property does not exceed 97 percent of the just value 708 of the property as determined by the property appraiser. 709 3. All property taxes and any other assessments, including 710 non-ad valorem assessments, levied on the same bill as the 711 property taxes are current. 712 4. There are no involuntary liens greater than $5,000, 713 including, but not limited to, construction liens on the 714 commercial property. 715 5. No notices of default or other evidence of property 716 based debt delinquency have been recorded and not been released 717 during the preceding 3 years or the property owner’s period of 718 ownership, whichever is less. 719 6. The property owner is current on all mortgage debt on 720 the commercial property. 721 7. The term of the financing agreement does not exceed the 722 weighted average useful life of the qualified improvements to 723 which the greatest portion of funds disbursed under the 724 assessment contract is attributable, not to exceed 30 years. The 725 program administrator shall determine the useful life of a 726 qualifying improvement using established standards, including 727 certification criteria from government agencies or nationally 728 recognized standards and testing organizations. 729 8. The property owner is not currently the subject of a 730 bankruptcy proceeding. 731 (b) Before entering into a financing agreement, the program 732 administrator shall determine if there are any current financing 733 agreements on the commercial property and whether the property 734 owner has obtained or sought to obtain additional qualifying 735 improvements on the same property which have not yet been 736 recorded. The existence of a prior qualifying improvement non-ad 737 valorem assessment or a prior financing agreement is not 738 evidence that the financing agreement under consideration is 739 affordable or meets other program requirements. 740 (c) The program administrator shall document and retain 741 findings satisfying paragraphs (a) and (b), including supporting 742 evidence relied upon, which were made prior to the financing 743 agreement being approved and recorded, for the duration of the 744 financing agreement. 745 (d) A property owner and the program administrator may 746 agree to include in the financing agreement provisions for 747 allowing change orders necessary to complete the qualifying 748 improvement. Any financing agreement or contract for qualifying 749 improvements which includes such provisions must meet the 750 requirements of this paragraph. If a proposed change order on a 751 qualifying improvement will increase the original cost of the 752 qualifying improvement by 20 percent or more or will expand the 753 scope of the qualifying improvement by 20 percent or more, 754 before the change order may be executed which would result in an 755 increase in the amount financed through the program 756 administrator for the qualifying improvement, the program 757 administrator must notify the property owner, provide an updated 758 written disclosure form as described in subsection (5) to the 759 property owner, and obtain written approval of the change from 760 the property owner. 761 (e) A financing agreement may not be entered into if the 762 total cost of the qualifying improvement, including program fees 763 and interest, is less than $2,500. 764 (5) DISCLOSURES.—In addition to the requirements imposed in 765 subsection (4), a financing agreement may not be executed unless 766 the program administrator provides, whether on a separate 767 document or included with other disclosures or forms, a 768 financing estimate and disclosure to the property owner which 769 includes all of the following: 770 (a) The estimated total amount to be financed, including 771 the total and itemized cost of the qualifying improvement, 772 program fees, and capitalized interest; 773 (b) The estimated annual non-ad valorem assessment; 774 (c) The term of the financing agreement and the schedule 775 for the non-ad valorem assessments; 776 (d) The interest charged and estimated annual percentage 777 rate; 778 (e) A description of the qualifying improvement; 779 (f) The total estimated annual costs that will be required 780 to be paid under the assessment contract, including program 781 fees; 782 (g) The estimated due date of the first payment that 783 includes the non-ad valorem assessment; and 784 (h) A disclosure of any prepayment penalties, fees, or 785 fines as set forth in the financing agreement. 786 (6) RECORDING.—Any financing agreement executed pursuant to 787 this section or a summary memorandum of such agreement must be 788 submitted for recording in the public records of the county 789 within which the commercial property is located by the program 790 administrator within 10 business days after execution of the 791 agreement. The recorded agreement must provide constructive 792 notice that the non-ad valorem assessment to be levied on the 793 property constitutes a lien of equal dignity to county taxes and 794 assessments from the date of recordation. A notice of lien for 795 the full amount of the financing may be recorded in the public 796 records of the county where the property is located. Such lien 797 is not enforceable in a manner that results in the acceleration 798 of the remaining nondelinquent unpaid balance under the 799 assessment financing agreement. 800 (7) SALE OF COMMERCIAL PROPERTY.—At or before the time a 801 seller executes a contract for the sale of any commercial 802 property for which a non-ad valorem assessment has been levied 803 under this section and has an unpaid balance due, the seller 804 shall give the prospective purchaser a written disclosure 805 statement in the following form, which must be set forth in the 806 contract or in a separate writing: 807 808 QUALIFYING IMPROVEMENTS.—The property being purchased 809 is subject to an assessment on the property pursuant 810 to s. 163.082, Florida Statutes. The assessment is for 811 a qualifying improvement to the property and is not 812 based on the value of the property. You are encouraged 813 to contact the property appraiser’s office to learn 814 more about this and other assessments that may be 815 provided for by law. 816 817 (8) COMPLETION CERTIFICATE.—Upon disbursement of all 818 financing and completion of installation of qualifying 819 improvements financed, the program administrator shall retain a 820 certificate that the qualifying improvements have been installed 821 and are in good working order. 822 (9) CONSTRUCTION.—This section is additional and 823 supplemental to county and municipal home rule authority and not 824 in derogation of such authority or a limitation upon such 825 authority. 826 Section 4. Section 163.083, Florida Statutes, is created to 827 read: 828 163.083 Qualifying improvement contractors.— 829 (1) A county or municipality shall establish a process, or 830 approve a process established by a program administrator, to 831 register contractors for participation in a program authorized 832 by a county or municipality pursuant to s. 163.081. A qualifying 833 improvement contractor may only perform such work that the 834 contractor is appropriately licensed, registered, and permitted 835 to conduct. At the time of application to participate and during 836 participation in the program, contractors must: 837 (a) Hold all necessary licenses or registrations for the 838 work to be performed which are in good standing. Good standing 839 includes no outstanding complaints with the state or local 840 government which issues such licenses or registrations. 841 (b) Comply with all applicable federal, state, and local 842 laws and regulations, including obtaining and maintaining any 843 other permits, licenses, or registrations required for engaging 844 in business in the jurisdiction in which it operates and 845 maintaining all state-required bond and insurance coverage. 846 (c) File with the program administrator a written statement 847 in a form approved by the county or municipality that the 848 contractor will comply with applicable laws and rules and 849 qualifying improvement program policies and procedures, 850 including those on advertising and marketing. 851 (2) A third-party administrator or a program administrator, 852 either directly or through an affiliate, may not be registered 853 as a qualifying improvement contractor. 854 (3) A program administrator shall establish and maintain: 855 (a) A process to monitor qualifying improvement contractors 856 for performance and compliance with requirements of the program 857 and must conduct regular reviews of qualifying improvement 858 contractors to confirm that each qualifying improvement 859 contractor is in good standing. 860 (b) Procedures for notice and imposition of penalties upon 861 a finding of violation, which may consist of placement of the 862 qualifying improvement contractor in a probationary status that 863 places conditions for continued participation, suspension, or 864 termination from participation in the program. 865 (c) An easily accessible page on its website that provides 866 information on the status of registered qualifying improvement 867 contractors, including any imposed penalties, and the names of 868 any qualifying improvement contractors currently on probationary 869 status or that are suspended or terminated from participation in 870 the program. 871 Section 5. Section 163.084, Florida Statutes, is created to 872 read: 873 163.084 Third-party administrator for financing qualifying 874 improvements programs.— 875 (1)(a) A program administrator may contract with one or 876 more third-party administrators to administer a program 877 authorized by a county or municipality pursuant to s. 163.081 or 878 s. 163.082 on behalf of and at the discretion of the program 879 administrator. 880 (b) The third-party administrator must be independent of 881 the program administrator and have no conflicts of interest 882 between managers or owners of the third-party administrator and 883 program administrator managers, owners, officials, or employees 884 with oversight over the contract. A program administrator, 885 either directly or through an affiliate, may not act as a third 886 party administrator for itself or for another program 887 administrator. However, this paragraph does not apply to a 888 third-party administrator created by an entity authorized in law 889 pursuant to s. 288.9604. 890 (c) The contract must provide for the entity to administer 891 the program according to the requirements of s. 163.081 or s. 892 163.082 and the ordinance or resolution adopted by the county or 893 municipality authorizing the program. However, only the program 894 administrator may levy or administer non-ad valorem assessments. 895 (2) A program administrator may not contract with a third 896 party administrator that, within the last 3 years, has been: 897 (a) Prohibited, after notice and a hearing, from serving as 898 a third-party administrator for another program administrator 899 for program or contract violations in this state; or 900 (b) Found by a court of competent jurisdiction to have 901 substantially violated state or federal laws related to the 902 administration of ss. 163.081-163.086 or a similar program in 903 another jurisdiction. 904 (3) The program administrator must include in any contract 905 with the third-party administrator the right to perform annual 906 reviews of the administrator to confirm compliance with ss. 907 163.081-163.086, the ordinance or resolution adopted by the 908 county or municipality, and the contract with the program 909 administrator. If the program administrator finds that the 910 third-party administrator has committed a violation of ss. 911 163.081-163.086, the adopted ordinance or resolution, or the 912 contract with the program administrator, the program 913 administrator shall provide the third-party administrator with 914 notice of the violation and may, as set forth in the adopted 915 ordinance or resolution or the contract with the third-party 916 administrator: 917 (a) Place the third-party administrator in a probationary 918 status that places conditions for continued operations. 919 (b) Impose any fines or sanctions. 920 (c) Suspend the activity of the third-party administrator 921 for a period of time. 922 (d) Terminate the agreement with the third-party 923 administrator. 924 (4) A program administrator may terminate the agreement 925 with a third-party administrator, as set forth by the county or 926 municipality in its adopted ordinance or resolution or the 927 contract with the third-party administrator, if the program 928 administrator makes a finding that: 929 (a) The third-party administrator has violated the contract 930 with the program administrator. The contract may set forth 931 substantial violations that may result in contract termination 932 and other violations that may provide for a period of time for 933 correction before the contract may be terminated. 934 (b) The third-party administrator, or an officer, a 935 director, a manager or a managing member, or a control person of 936 the third-party administrator, has been found by a court of 937 competent jurisdiction to have violated state or federal laws 938 related to the administration of a program authorized of the 939 provisions of ss. 163.081-163.086 or a similar program in 940 another jurisdiction within the last 5 years. 941 (c) Any officer, director, manager or managing member, or 942 control person of the third-party administrator has been 943 convicted of, or has entered a plea of guilty or nolo contendere 944 to, regardless of whether adjudication has been withheld, a 945 crime related to administration of a program authorized of the 946 provisions of ss. 163.081-163.086 or a similar program in 947 another jurisdiction within the last 10 years. 948 (d) An annual performance review reveals a substantial 949 violation or a pattern of violations by the third-party 950 administrator. 951 (5) Any recorded financing agreements at the time of 952 termination or suspension by the program administrator shall 953 continue, except any financing agreement for which the 954 provisions of s. 163.086 apply. 955 Section 6. Section 163.085, Florida Statutes, is created to 956 read: 957 163.085 Advertisement and solicitation for financing 958 qualifying improvements programs under s. 163.081 or s. 959 163.082.— 960 (1) When communicating with a property owner, a program 961 administrator, qualifying improvement contractor, or third-party 962 administrator may not: 963 (a) Suggest or imply: 964 1. That a non-ad valorem assessment authorized under s. 965 163.081 or s. 163.082 is a government assistance program; 966 2. That qualifying improvements are free or provided at no 967 cost, or that the financing related to a non-ad valorem 968 assessment authorized under s. 163.081 or s. 163.082 is free or 969 provided at no cost; or 970 3. That the financing of a qualifying improvement using the 971 program authorized pursuant to s. 163.081 or s. 163.082 does not 972 require repayment of the financial obligation. 973 (b) Make any representation as to the tax deductibility of 974 a non-ad valorem assessment. A program administrator, qualifying 975 improvement contractor, or third-party administrator may 976 encourage a property owner to seek the advice of a tax 977 professional regarding tax matters related to assessments. 978 (2) A program administrator or third-party administrator 979 may not provide to a qualifying improvement contractor any 980 information that discloses the amount of financing for which a 981 property owner is eligible for qualifying improvements or the 982 amount of equity in a residential property or commercial 983 property. 984 (3) A qualifying improvement contractor may not advertise 985 the availability of financing agreements for, or solicit program 986 participation on behalf of, the program administrator unless the 987 contractor is registered by the program administrator to 988 participate in the program and is in good standing with the 989 program administrator. 990 (4) A program administrator or third-party administrator 991 may not provide any payment, fee, or kickback to a qualifying 992 improvement contractor for referring property owners to the 993 program administrator or third-party administrator. However, a 994 program administrator or third-party administrator may provide 995 information to a qualifying improvement contractor to facilitate 996 the installation of a qualifying improvement for a property 997 owner. 998 (5) A program administrator or third-party administrator 999 may not reimburse a qualifying improvement contractor for its 1000 expenses in advertising and marketing campaigns and materials. 1001 (6) A qualifying improvement contractor may not provide a 1002 different price for a qualifying improvement financed under s. 1003 163.081 than the price that the qualifying improvement 1004 contractor would otherwise provide if the qualifying improvement 1005 was not being financed through a financing agreement. Any 1006 contract between a property owner and a qualifying improvement 1007 contractor must clearly state all pricing and cost provisions, 1008 including any process for change orders which meet the 1009 requirements of s. 163.081(3)(d). 1010 (7) A program administrator, qualifying improvement 1011 contractor, or third-party administrator may not provide any 1012 direct cash payment or other thing of material value to a 1013 property owner which is explicitly conditioned upon the property 1014 owner entering into a financing agreement. However, a program 1015 administrator or third-party administrator may offer programs or 1016 promotions on a non-discriminatory basis that provide reduced 1017 fees or interest rates if the reduced fees or interest rates are 1018 reflected in the financing agreements and are not provided to 1019 the property owner as cash consideration. 1020 Section 7. Section 163.086, Florida Statutes, is created to 1021 read: 1022 163.086 Unenforceable financing agreements for qualifying 1023 improvements programs under s. 163.081 or s. 163.082; 1024 attachment; fraud.— 1025 (1) A recorded financing agreement may not be removed from 1026 attachment to a residential property or commercial property if 1027 the property owner fraudulently obtained funding pursuant to s. 1028 163.081 or s. 163.082. 1029 (2) A financing agreement may not be enforced, and a 1030 recorded financing agreement may be removed from attachment to a 1031 residential property or commercial property and deemed null and 1032 void, if: 1033 (a) The property owner applied for, accepted, and canceled 1034 a financing agreement within the 3-business-day period pursuant 1035 to s. 163.081(6). A qualifying improvement contractor may not 1036 begin work under a canceled contract. 1037 (b) A person other than the property owner obtained the 1038 recorded financing agreement. The court may enter an order which 1039 holds that person or persons personally liable for the debt. 1040 (c) The program administrator, third-party administrator, 1041 or qualifying improvement contractor approved or obtained 1042 funding through fraudulent means and in violation of ss. 1043 163.081-163.085, or this section for qualifying improvements on 1044 the residential property or commercial property. 1045 (3) If a qualifying improvement contractor has initiated 1046 work on residential property or commercial property under a 1047 contract deemed unenforceable under this section, the qualifying 1048 improvement contractor: 1049 (a) May not receive compensation for that work under the 1050 financing agreement. 1051 (b) Must restore the residential property or commercial 1052 property to its original condition at no cost to the property 1053 owner. 1054 (c) Must immediately return any funds, property, and other 1055 consideration given by the property owner. If the property owner 1056 provided any property and the qualifying improvement contractor 1057 does not or cannot return it, the qualifying improvement 1058 contractor must immediately return the fair market value of the 1059 property or its value as designated in the contract, whichever 1060 is greater. 1061 (4) If the qualifying improvement contractor has delivered 1062 chattel or fixtures to residential property or commercial 1063 property pursuant to a contract deemed unenforceable under this 1064 section, the qualifying improvement contractor has 90 days after 1065 the date on which the contract was executed to retrieve the 1066 chattel or fixtures, provided that: 1067 (a) The qualifying improvement contractor has fulfilled the 1068 requirements of paragraphs (3)(a) and (b). 1069 (b) The chattel and fixtures can be removed at the 1070 qualifying improvement contractor’s expense without damaging the 1071 residential property or commercial property. 1072 (5) If a qualifying improvement contractor fails to comply 1073 with this section, the property owner may retain any chattel or 1074 fixtures provided pursuant to a contract deemed unenforceable 1075 under this section. 1076 (6) A contract that is otherwise unenforceable under this 1077 section remains enforceable if the property owner waives his or 1078 her right to cancel the contract or cancels the financing 1079 agreement pursuant to s. 163.081(6) or s. 163.082(6) but allows 1080 the qualifying improvement contractor to proceed with the 1081 installation of the qualifying improvement. 1082 Section 8. Section 163.087, Florida Statutes, is created to 1083 read: 1084 163.087 Reporting for financing qualifying improvements 1085 programs under s. 163.081 or s. 163.082.— 1086 (1) Each program administrator that is authorized to 1087 administer a program for financing qualifying improvements to 1088 residential property or commercial property under s. 163.081 or 1089 s. 163.082 shall post on its website an annual report within 45 1090 days after the end of its fiscal year containing the following 1091 information from the previous year for each program authorized 1092 under s. 163.081 or s. 163.082: 1093 (a) The number and types of qualifying improvements funded. 1094 (b) The aggregate, average, and median dollar amounts of 1095 annual non-ad valorem assessments and the total number of non-ad 1096 valorem assessments collected pursuant to financing agreements 1097 for qualifying improvements. 1098 (c) The total number of defaulted non-ad valorem 1099 assessments, including the total defaulted amount, the number 1100 and dates of missed payments, and the total number of parcels in 1101 default and the length of time in default. 1102 (d) A summary of all reported complaints received by the 1103 program administrator related to the program, including the 1104 names of the third-party administrator, if applicable, and 1105 qualifying improvement contractors and the resolution of each 1106 complaint. 1107 (2) The Auditor General must conduct an operational audit 1108 of each program administrator authorized under s. 163.081 or s. 1109 163.082, including any third-party administrators, for 1110 compliance with the provisions of ss. 163.08-163.086 and any 1111 adopted ordinance at least once every 3 years. The Auditor 1112 General may stagger evaluations; however, every program must be 1113 evaluated at least once by September 1, 2028. The Auditor 1114 General shall adopt rules pursuant to s. 218.39 requiring each 1115 program administrator to report whether it offers a program 1116 authorized pursuant to s. 163.081 or s. 163.082, and other 1117 pertinent information. Each program administrator and, if 1118 applicable, third-party administrator, must post the most recent 1119 report on its website. 1120 Section 9. A current contract, agreement, authorization, or 1121 interlocal agreement between a county or municipality and a 1122 program administrator entered into before July 1, 2024, shall 1123 continue without additional action by the county or 1124 municipality. However, the program administrator must comply 1125 with this act, and any contract, agreement, authorization, or 1126 interlocal agreement must be amended to comply with this act. 1127 Section 10. This act shall take effect July 1, 2024.