Bill Text: FL S0228 | 2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Resiliency Energy Environment Florida Programs
Spectrum: Slight Partisan Bill (Republican 6-2-1)
Status: (Introduced - Dead) 2022-03-14 - Died on Calendar [S0228 Detail]
Download: Florida-2022-S0228-Introduced.html
Bill Title: Resiliency Energy Environment Florida Programs
Spectrum: Slight Partisan Bill (Republican 6-2-1)
Status: (Introduced - Dead) 2022-03-14 - Died on Calendar [S0228 Detail]
Download: Florida-2022-S0228-Introduced.html
Florida Senate - 2022 SB 228 By Senator Rodriguez 39-00332A-22 2022228__ 1 A bill to be entitled 2 An act relating to Resiliency Energy Environment 3 Florida programs; amending s. 163.08, F.S.; defining 4 terms; providing that a property owner may apply to a 5 Resiliency Energy Environment Florida (REEF) program 6 for funding to finance a qualifying improvement and 7 may enter into an assessment financing agreement with 8 a local government; providing that REEF program costs 9 may be collected as non-ad valorem assessments; 10 authorizing local governments to enter into agreements 11 with program administrators to administer REEF 12 programs; revising and specifying public recording 13 requirements for assessment financing agreements and 14 notices of lien; revising requirements that apply to 15 local governments or program administrators in 16 determining eligibility for assessment financing; 17 revising requirements for qualifying improvements; 18 revising and specifying limitations on non-ad valorem 19 assessments; providing construction; specifying 20 underwriting, financing estimate, disclosure, and 21 confirmation requirements for program administrators 22 relating to residential real property; authorizing a 23 residential real property owner, under certain 24 circumstances and within a certain timeframe, to 25 cancel an assessment financing agreement without 26 financial penalty; specifying limitations on 27 assessment financing agreement terms for residential 28 real property; prohibiting certain financing terms for 29 residential real property; specifying requirements 30 for, and certain prohibited acts by, program 31 administrators relating to assessment financing 32 agreements and contractors for qualifying improvements 33 to residential real property; specifying additional 34 annual reporting requirements for program 35 administrators; specifying requirements for, and 36 limitations on, assessment financing agreements 37 relating to government-leased property; providing 38 construction and applicability; conforming provisions 39 to changes made by the act; providing an effective 40 date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Present subsection (16) of section 163.08, 45 Florida Statutes, is redesignated as subsection (33), a new 46 subsection (16) and subsections (17) through (32) are added to 47 that section, and subsections (1), (2), (4), (6) through (10), 48 (12), (13), and (14) of that section are amended, to read: 49 163.08 Supplemental authority for improvements to real 50 property.— 51 (1)(a) In chapter 2008-227, Laws of Florida, the 52 Legislature amended the energy goal of the state comprehensive 53 plan to provide, in part, that the state shall reduce its energy 54 requirements through enhanced conservation and efficiency 55 measures in all end-use sectors and reduce atmospheric carbon 56 dioxide by promoting an increased use of renewable energy 57 resources. That act also declared it the public policy of the 58 state to play a leading role in developing and instituting 59 energy management programs that promote energy conservation, 60 energy security, and the reduction of greenhouse gases. In 61 addition to establishing policies to promote the use of 62 renewable energy, the Legislature provided for a schedule of 63 increases in energy performance of buildings subject to the 64 Florida Energy Efficiency Code for Building Construction. In 65 chapter 2008-191, Laws of Florida, the Legislature adopted new 66 energy conservation and greenhouse gas reduction comprehensive 67 planning requirements for local governments. In the 2008 general 68 election, the voters of this state approved a constitutional 69 amendment authorizing the Legislature, by general law, to 70 prohibit consideration of any change or improvement made for the 71 purpose of improving a property’s resistance to wind damage or 72 the installation of a renewable energy source device in the 73 determination of the assessed value of residential real 74 property. 75 (b) The Legislature finds that all energy-consuming 76 improved properties that are not using energy conservation 77 strategies contribute to the burden affecting all improved 78 property resulting from fossil fuel energy production. Improved 79 property that has been retrofitted with energy-related 80 qualifying improvements receives the special benefit of 81 alleviating the property’s burden from energy consumption. All 82 improved properties not protected from wind damage by wind 83 resistance qualifying improvements contribute to the burden 84 affecting all improved property resulting from potential wind 85 damage. Improved property that has been retrofitted with wind 86 resistance qualifying improvements receives the special benefit 87 of reducing the property’s burden from potential wind damage. 88 Further, the installation and operation of qualifying 89 improvements not only benefit the affected properties for which 90 the improvements are made, but also assist in fulfilling the 91 goals of the state’s energy and hurricane mitigation policies. 92 (c) In order to make qualifying improvements more 93 affordable and assist property owners who wish to undertake such 94 improvements, the Legislature finds that there is a compelling 95 state interest in enabling property owners to voluntarily 96 finance such improvements with local government assistance. 97 (d)(c)The Legislature determines that the actions 98 authorized under this section, including, but not limited to, 99 the financing of qualifying improvements through the execution 100 of assessment financing agreements and the related imposition of 101 voluntary assessments, are reasonable and necessary to serve and 102 achieve a compelling state interest and are necessary for the 103 prosperity and welfare of the state and its property owners and 104 inhabitants. 105 (2) As used in this section, the term: 106 (a) “Assessment financing agreement” means the financing 107 agreement under a REEF program between a local government and a 108 property owner for the acquisition or installation of qualifying 109 improvements. 110 (b) “Contractor” means an independent contractor who 111 contracts with a property owner to install qualifying 112 improvements on real property but who is not the owner of such 113 property. 114 (c) “Government-leased property” means real property owned 115 by a local government which has become subject to taxation due 116 to lease of the property to a nongovernmental lessee. 117 (d)(a)“Local government” means a county, a municipality, a 118 dependent special district as defined in s. 189.012, or a 119 separate legal entity created pursuant to s. 163.01(7). 120 (e) “Non-ad valorem assessment” or “assessment” has the 121 same meaning as the term “non-ad valorem assessment” as defined 122 in s. 197.3632(1). 123 (f) “Nongovernmental lessee” means a person or an entity, 124 other than a local government, which is the lessee of 125 government-leased property. 126 (g) “Nonresidential real property” means any property not 127 defined as residential real property and which will be or has 128 been improved by a qualifying improvement. The term includes, 129 but is not limited to, the following: 130 1. Multifamily residential property composed of five or 131 more dwelling units. 132 2. Office property. 133 3. Commercial real property. 134 4. Industrial property. 135 5. Agricultural property. 136 6. Government-leased property. 137 (h) “Program administrator” means an entity, including, but 138 not limited to, a for-profit or not-for-profit entity, with 139 which a local government contracts to administer a REEF program. 140 (i)(b)“Qualifying improvement” includes any: 141 1. Energy conservation and efficiency improvement, which is 142 a measure to reduce consumption through conservation or a more 143 efficient use of electricity, natural gas, propane, or other 144 forms of energy on the property, including, but not limited to, 145 air sealing; installation of insulation; installation of energy 146 efficient heating, cooling, or ventilation systems; building 147 modifications to increase the use of daylight; replacement of 148 windows; installation of energy controls or energy recovery 149 systems; installation of electric vehicle charging equipment; 150 and installation of efficient lighting equipment. 151 2. Renewable energy improvement, which is the installation 152 of any system in which the electrical, mechanical, or thermal 153 energy is produced from a method that uses one or more of the 154 following fuels or energy sources: hydrogen, solar energy, 155 geothermal energy, bioenergy, and wind energy. 156 3. Wind resistance improvement, which includes, but is not 157 limited to: 158 a. Improving the strength of the roof deck attachment; 159 b. Creating a secondary water barrier to prevent water 160 intrusion; 161 c. Installing wind-resistant shingles; 162 d. Installing gable-end bracing; 163 e. Reinforcing roof-to-wall connections; 164 f. Installing storm shutters; or 165 g. Installing opening protections. 166 (j) “Residential real property” means a residential real 167 property composed of four or fewer dwelling units which is or 168 will be improved by a qualifying improvement. 169 (k) “Resiliency Energy Environment Florida (REEF) program” 170 means a program established by a local government, alone or in 171 partnership with other local governments or a program 172 administrator, to finance qualifying improvements on 173 nonresidential real property or residential real property. 174 (4) Subject to local government ordinance or resolution, a 175 property owner may apply to the REEF programlocal government176 for funding to finance a qualifying improvement and enter into 177 an assessmentafinancing agreement with the local government. 178 Costs incurred by the REEF programlocal governmentfor such 179 purpose may be collected as a non-ad valorem assessment. A non 180 ad valorem assessment shall be collected pursuant to s. 197.3632 181 and, notwithstanding s. 197.3632(8)(a), shall not be subject to 182 discount for early payment. However, the notice and adoption 183 requirements of s. 197.3632(4) do not apply if this section is 184 used and complied with, and the intent resolution, publication 185 of notice, and mailed notices to the property appraiser, tax 186 collector, and Department of Revenue required by s. 187 197.3632(3)(a) may be provided on or before August 15 in 188 conjunction with any non-ad valorem assessment authorized by 189 this section, if the property appraiser, tax collector, and 190 local government agree. 191 (6) A local government may enter into an agreement with a 192 program administrator to administer a REEF programA qualifying193improvement program may be administered by a for-profit entity194or a not-for-profit organization on behalf of and at the195discretion of the local government. 196 (7) A local government may incur debt for the purpose of 197 providing financing for qualifyingsuchimprovements, which debt 198 is payable from revenues received from the improved property,or 199 from any other available revenue source authorized under this 200 section or by other law. 201 (8) A local government may enter into an assessmenta202 financing agreement to finance or refinance a qualifying 203 improvement only with the record owner of the affected property. 204 Any assessment financing agreement entered into pursuant to this 205 section or a summary memorandum of such agreement shall be 206 submitted for recordingrecordedin the public records of the 207 county within which the property is located by thesponsoring208unit oflocal government within 5 days after execution of the 209 agreement. The recorded agreement shall provide constructive 210 notice that the assessment to be levied on the property 211 constitutes a lien of equal dignity to county taxes and 212 assessments from the date of recordation. A notice of lien for 213 the full amount of the financing may be recorded in the public 214 records of the county where the property is located. Such lien 215 shall not be enforceable in a manner that results in the 216 acceleration of the remaining nondelinquent unpaid balance under 217 the assessment financing agreement. 218 (9) Before entering into an assessmentafinancing 219 agreement, the local government, or the program administrator 220 acting on its behalf, shall reasonably determine that: 221 (a) All property taxes and any other assessments levied on 222 the same bill as property taxes are currentpaidand have not 223 been delinquent for more than 30 days for the preceding 3 years 224 or the property owner’s period of ownership, whichever is less; 225 (b)thatThere are no involuntary liens greater than 226 $1,000, including, but not limited to, construction liens on the 227 property; 228 (c)thatNo notices of default or other evidence of 229 property-based debt delinquency have been recorded and not 230 released during the preceding 3 years or the property owner’s 231 period of ownership, whichever is less; 232 (d) The local government or program administrator has asked 233 the property owner whether any other assessments under this 234 section have been recorded or have been funded and not yet 235 recorded on the property. The failure of a property owner to 236 disclose information set forth in this paragraph does not 237 invalidate an assessment financing agreement or any obligation 238 thereunder, even if the total financed amount of the qualifying 239 improvements exceeds the amount that would otherwise be 240 authorized under paragraph (12)(a); 241 (e)andthatThe property owner is current on all mortgage 242 debt on the property; and 243 (f) If the property is residential real property, it is not 244 subject to an existing home equity conversion mortgage or 245 reverse mortgage product or is not currently a residential 246 property gifted to a homeowner by a nonprofit entity. 247 (10) Before final funding may be provided, a qualifying 248 improvement mustshallbe affixed or planned to be affixed to a 249 nonresidential real property or residential realbuilding or250facility that is part of theproperty and constitutesshall251constitutean improvement to that propertythe building or252facility or a fixture attached to the building or facility. An 253 assessment financing agreement maybetween a local government254and a qualifying property owner may notcover qualifyingwind255resistanceimprovements on nonresidential real property or 256 residential real propertyin buildings or facilitiesunder new 257 constructionor construction for which a certificate of258occupancy or similar evidence of substantial completion of new259construction or improvement has not been issued. 260 (12)(a) Without the consent of the holders or loan 261 servicers of any mortgage encumbering or otherwise secured by 262 the property, the total amount of any non-ad valorem assessment 263 for a property under this section may not exceed 20 percent of 264 the fair marketjustvalue of the real propertyas determined by265the county property appraiser. The combined mortgage-related 266 debt and total amount of any non-ad valorem assessments funded 267 under this section for residential real property may not exceed 268 100 percent of the fair market value of the residential real 269 property. However, the failure of a property owner to disclose 270 information set forth in paragraph (9)(d) does not invalidate an 271 assessment financing agreement or any obligation thereunder, 272 even if the total financed amount of the qualifying improvements 273 exceeds the amount that would otherwise be authorized under this 274 paragraph. 275 (b) Notwithstanding paragraph (a), a non-ad valorem 276 assessment for a qualifying improvement defined in subparagraph 277 (2)(i)1.(2)(b)1.or subparagraph (2)(i)2. which(2)(b)2.that278 is supported by an energy audit is not subject to the limits in 279 this subsection if the audit demonstrates that the annual energy 280 savings from the qualified improvement equals or exceeds the 281 annual repayment amount of the non-ad valorem assessment. 282 (13) At least 30 days before entering into an assessmenta283 financing agreement, the property owner shall provide to the 284 holders or loan servicers of any existing mortgages encumbering 285 or otherwise secured by the property a notice of the owner’s 286 intent to enter into an assessmentafinancing agreement 287 together with the maximum principal amount to be financed and 288 the maximum annual assessment necessary to repay that amount. A 289 verified copy or other proof of such notice shall be provided to 290 the local government or program administrator. A provision in 291 any agreement between a mortgagee or other lienholder and a 292 property owner, or otherwise now or hereafter binding upon a 293 property owner, which allows for acceleration of payment of the 294 mortgage, note, or lien or other unilateral modification solely 295 as a result of entering into an assessmentafinancing agreement 296 as provided for in this section is not enforceable. This 297 subsection does not limit the authority of the holder or loan 298 servicer to increase the required monthly escrow by an amount 299 necessary toannuallypay the annualqualifying improvement300 assessment. 301 (14) At or before the time a sellerpurchaserexecutes a 302 contract for the saleand purchaseof any property for which a 303 non-ad valorem assessment has been levied under this section and 304 has an unpaid balance due, the seller mustshallgive the 305 prospective purchaser a written disclosure statement in the 306 following form, which shall be set forth in the contract or in a 307 separate writing: 308 309 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 310 RENEWABLE ENERGY, OR WIND RESISTANCE.—The property 311 being purchased is located within the jurisdiction of 312 a local government that has placed an assessment on 313 the property pursuant to s. 163.08, Florida Statutes. 314 The assessment is for a qualifying improvement to the 315 property relating to energy efficiency, renewable 316 energy, or wind resistance, and is not based on the 317 value of property. You are encouraged to contact the 318 county property appraiser’s office to learn more about 319 this and other assessments that may be provided by 320 law. 321 322 (16) Before final approval of an assessment financing 323 agreement for a qualifying improvement on a residential real 324 property, a program administrator shall reasonably determine 325 that the property owner has the ability to pay the estimated 326 annual assessment. To do so, the program administrator shall, at 327 a minimum, use the underwriting requirements in subsection (9), 328 confirm that the property owner is not in bankruptcy, and 329 determine that the total estimated annual payment amount for all 330 assessment financing agreements funded under this section on the 331 property does not exceed 10 percent of the property owner’s 332 annual household income. Income may be confirmed using 333 information gathered from reputable third parties that provide 334 reasonably reliable evidence of the property owner’s household 335 income. Income may not be confirmed solely by a property owner’s 336 statement. The failure of a property owner to disclose 337 information set forth in paragraph (9)(d) does not invalidate an 338 assessment financing agreement or any obligation thereunder, 339 even if the total estimated annual payment amount exceeds the 340 amount that would otherwise be authorized under this subsection. 341 (17) Prior to or contemporaneously with a property owner 342 signing an assessment financing agreement on a residential real 343 property, the program administrator shall provide a financing 344 estimate and disclosure to the residential real property owner 345 which includes all of the following: 346 (a) The total amount estimated to be funded, including the 347 cost of the qualifying improvements, program fees, and 348 capitalized interest, if any. 349 (b) The estimated annual assessment. 350 (c) The term of the assessment. 351 (d) The interest charged and estimated annual percentage 352 rate. 353 (e) A description of the qualifying improvement. 354 (f) A disclosure that if the property owner sells or 355 refinances the property, the property owner, as a condition of 356 the sale or the refinance, may be required by a mortgage lender 357 to pay off the full amount owed under each assessment financing 358 agreement. 359 (g) A disclosure that the assessment will be collected 360 along with the property owner’s property taxes and will result 361 in a lien on the property from the date the assessment financing 362 agreement is recorded. 363 (h) A disclosure that failure to pay the assessment may 364 result in penalties and fees, along with the issuance of a tax 365 certificate that could result in the property owner losing the 366 real property. 367 (18) Before a notice to proceed is issued on residential 368 real property, the program administrator shall conduct with the 369 residential real property owner or an authorized representative 370 an oral, recorded telephone call during which the program 371 administrator shall use plain language. The program 372 administrator shall ask the residential real property owner if 373 he or she would like to communicate primarily in a language 374 other than English. A program administrator may not leave a 375 voicemail to the residential real property owner to satisfy this 376 requirement. A program administrator, as part of such telephone 377 call, shall confirm all of the following with the residential 378 real property owner: 379 (a) That at least one residential real property owner has 380 access to a copy of the assessment financing agreement and 381 financing estimates and disclosures. 382 (b) The qualifying improvements being financed. 383 (c) The total estimated annual costs that the residential 384 real property owner will have to pay under the assessment 385 financing agreement, including applicable fees. 386 (d) The total estimated average monthly equivalent amount 387 of funds the residential real property owner would have to save 388 in order to pay the annual costs of the assessment, including 389 applicable fees. 390 (e) The estimated date the residential real property 391 owner’s first property tax payment that includes the assessment 392 will be due. 393 (f) The term of the assessment financing agreement. 394 (g) That payments for the assessment financing agreement 395 will cause the residential real property owner’s annual property 396 tax bill to increase, and that payments will be made through an 397 additional annual assessment on the property and either will be 398 paid directly to the county tax collector’s office as part of 399 the total annual secured property tax bill or may be paid 400 through the residential real property owner’s mortgage escrow 401 account. 402 (h) That the residential real property owner has disclosed 403 whether the property has received, or the owner is seeking, 404 additional assessments funded under this section and that the 405 owner has disclosed all other assessments funded under this 406 section which are or are about to be placed on the property. 407 (i) That the property will be subject to a lien during the 408 term of the assessment financing agreement and that the 409 obligations under the agreement may be required to be paid in 410 full before the residential real property owner sells or 411 refinances the property. 412 (j) That any potential utility or insurance savings are not 413 guaranteed and will not reduce the assessment or total 414 assessment amount. 415 (k) That the program administrator does not provide tax 416 advice, and the residential real property owner should seek 417 professional tax advice if he or she has questions regarding tax 418 credits, tax deductibility, or other tax impacts of the 419 qualifying improvement or the assessment financing agreement. 420 (19) A residential real property owner may cancel an 421 assessment financing agreement within 3 business days after 422 signing the assessment financing agreement without any financial 423 penalty for doing so. 424 (20) The term of an assessment financing agreement on 425 residential real property may not exceed: 426 (a) Thirty years; or 427 (b) Either the weighted average estimated useful life of 428 all qualifying improvements being financed or the estimated 429 useful life of the qualifying improvements to which the greatest 430 portion of funds is disbursed. 431 (21) An assessment financing agreement authorized under 432 this section on residential real property may not include any of 433 the following financing terms: 434 (a) A negative amortization schedule. 435 (b) A balloon payment. 436 (c) Prepayment fees, other than nominal administrative 437 costs. 438 (22) For residential real property, a program 439 administrator: 440 (a) May not enroll a contractor who contracts with 441 residential real property owners to install qualifying 442 improvements unless: 443 1. The program administrator makes a reasonable effort to 444 determine that the contractor maintains in good standing an 445 appropriate license from the state, if applicable, as well as 446 any other permit, license, or registration required for engaging 447 in business in the jurisdiction in which he or she operates and 448 that the contractor maintains all state-required bond and 449 insurance coverage; and 450 2. The program administrator obtains the contractor’s 451 written agreement that the contractor will act in accordance 452 with all applicable laws, including applicable advertising and 453 marketing laws and regulations. 454 (b) Shall maintain a process to enroll new contractors 455 which includes reasonable review of the following for each 456 contractor: 457 1. Relevant work or project history. 458 2. Financial and reputational background checks. 459 3. A criminal background check. A program administrator may 460 rely on a background check conducted by the Construction 461 Industry Licensing Board within the Department of Business and 462 Professional Regulation to comply with this requirement. 463 4. Status on the Better Business Bureau online platform or 464 another online platform that tracks contractor reviews. 465 (23)(a) Before disbursing funds to a contractor for a 466 qualifying improvement on residential real property, a program 467 administrator must first confirm that the applicable work or 468 service has been completed, either through a written 469 certification from the property owner, a recorded telephone call 470 with the property owner, review of geo-stamped and time-stamped 471 photographs, review of a final permit, or a site inspection 472 through third-party means. 473 (b) A program administrator may not disclose to a 474 contractor or to a third party engaged in soliciting an 475 assessment financing agreement the maximum financing amount for 476 which a residential real property owner is eligible. 477 (24) A program administrator shall comply with the 478 following marketing and communications guidelines when 479 communicating with residential real property owners: 480 (a) A program administrator may not represent: 481 1. That the REEF program or assessment financing is a 482 government assistance program; 483 2. That qualifying improvements are free or that assessment 484 financing is a free program; or 485 3. That the financing of a qualifying improvement using the 486 REEF program does not require the property owner to repay the 487 financial obligation. 488 (b) A program administrator may not make any representation 489 as to the tax deductibility of an assessment authorized under 490 this section. A program administrator or contractor may 491 encourage a property owner to seek the advice of a tax 492 professional regarding tax matters related to assessments. 493 (25) A contractor should not present a higher price for a 494 qualifying improvement on residential real property financed by 495 an assessment financing agreement than the contractor would 496 otherwise reasonably present if the qualifying improvement was 497 not being financed through an assessment financing agreement. 498 (26) A program administrator shall use appropriate 499 methodologies or technologies to identify and verify the 500 identity of the residential real property owners who execute an 501 assessment financing agreement. 502 (27) A program administrator may not provide a contractor 503 with any payment, fee, or kickback in exchange for referring 504 assessment financing business relating to a specific assessment 505 financing agreement. 506 (28) A program administrator shall develop and implement 507 policies and procedures for responding, tracking, and timely 508 helping to resolve questions and property owner complaints as 509 soon as reasonably practicable. 510 (29) A program administrator shall maintain a process for 511 monitoring contractors that contract with residential real 512 property owners to install qualifying improvements with regard 513 to performance and compliance with program policies and shall 514 implement policies for suspending and terminating contractors 515 based on violations of program policies or unscrupulous 516 behavior. A program administrator shall maintain a policy for 517 determining the conditions on which a contractor may be 518 reinstated to the program. 519 (30) A program administrator shall provide, at a reasonable 520 time following the end of the prior calendar year, an annual 521 report to the dependent special district as defined in s. 522 189.012 or a separate legal entity created pursuant to s. 523 163.01(7) which it has contracted with to administer a REEF 524 program and shall include information and data related to the 525 following: 526 (a) The total number of property owner complaints received 527 which are associated with project funding in the report year. 528 (b) Of the total number of complaints received associated 529 with project funding in the report year: 530 1. The number and percentage of complaints that relate to 531 the assessment financing. 532 2. The number and percentage of complaints that relate to a 533 contractor or the workmanship of a contractor and are not 534 related to assessment financing. 535 3. The number and percentage of complaints that relate to 536 both a contractor and the assessment financing. 537 4. The number and percentage of complaints identified in 538 subparagraphs 1., 2., and 3. which were resolved and the number 539 and percentage of complaints that were not resolved. 540 (c) The percentage of complaints in subparagraphs (b)1., 541 2., and 3. expressed as a total of all projects funded in the 542 report year. 543 (31) Notwithstanding any provision of this section to the 544 contrary, the following applies to government-leased property: 545 (a) The assessment financing agreement must be executed by 546 either: 547 1. The local government and the nongovernmental lessee; or 548 2. Solely by the nongovernmental lessee but with the 549 written consent of the local government. Evidence of such 550 consent must be provided to the program administrator or REEF 551 program. 552 (b) The assessment financing agreement must provide that 553 the nongovernmental lessee is the only party obligated to pay 554 the assessment. 555 (c) A delinquent assessment must be enforced in the manner 556 provided in ss. 196.199(8) and 197.432(10). 557 (d) The recorded assessment financing agreement, or a 558 summary memorandum of such recorded agreement, must provide 559 constructive notice that the assessment to be levied on the 560 property is subject to enforcement in the manner provided in ss. 561 196.199(8) and 197.432(10). 562 (e) For purposes of subsections (9) and (13) only, 563 references to the property owner are deemed to refer to the 564 nongovernmental lessee and references to the period of ownership 565 are deemed to refer to the period that the nongovernmental 566 lessee has been leasing the property from the local government. 567 (f) The term of the assessment financing agreement on 568 government-leased property may not exceed: 569 1. Thirty years; 570 2. The remaining term of the lease on the government-leased 571 property; or 572 3. Either the weighted average estimated useful life of all 573 qualifying improvements being financed or the estimated useful 574 life of the qualifying improvements to which the greatest 575 portion of funds is disbursed. 576 (32)(a) Subsections (16) through (30) do not apply to 577 residential real property if the program administrator 578 reasonably determines that: 579 1. The residential real property is owned by a business 580 entity that owns more than four residential real properties; and 581 2. The business entity’s managing member, partner, or 582 beneficial owner does not reside in the residential real 583 property. 584 (b) Subsections (16) through (30) apply to a program 585 administrator only when administering a REEF program for 586 qualifying improvements on residential real property. 587 Subsections (16) through (30) do not apply with respect to a 588 local government or to nonresidential real property. 589 Section 2. This act shall take effect July 1, 2022.