Bill Text: FL S1208 | 2021 | Regular Session | Comm Sub


Bill Title: Resiliency Energy Environment Florida (REEF) Program

Spectrum: Bipartisan Bill

Status: (Failed) 2021-04-30 - Died in Appropriations [S1208 Detail]

Download: Florida-2021-S1208-Comm_Sub.html
       Florida Senate - 2021                      CS for CS for SB 1208
       
       
        
       By the Committees on Finance and Tax; and Community Affairs; and
       Senators Rodriguez, Burgess, Gruters, and Polsky
       
       
       
       
       593-03034-21                                          20211208c2
    1                        A bill to be entitled                      
    2         An act relating to the Resiliency Energy Environment
    3         Florida (REEF) program; amending s. 163.08, F.S.;
    4         revising legislative findings; defining and redefining
    5         terms; specifying that a property owner may apply to a
    6         REEF program for certain purposes; providing that
    7         costs incurred by the REEF program may be collected as
    8         a non-ad valorem assessment; authorizing a local
    9         government to enter into agreements with program
   10         administrators and to incur debt; authorizing a local
   11         government to enter into an assessment financing
   12         agreement only with the record owner of the affected
   13         property; revising the items a local government or a
   14         program administrator must reasonably determine before
   15         entering into an assessment financing agreement;
   16         requiring a qualifying improvement to be affixed or
   17         plan to be affixed to specified properties before
   18         final funding; authorizing an assessment financing
   19         agreement to cover qualifying improvements on real
   20         properties under new construction; revising the
   21         written disclosure statement required to be given by
   22         sellers to prospective purchasers when executing a
   23         contract for the sale and purchase of certain
   24         properties; requiring a program administrator to make
   25         specified determinations about a property owner’s
   26         ability to pay the annual assessment; specifying
   27         information a program administrator must provide to
   28         the residential real property owner or an authorized
   29         representative before entering into an assessment
   30         financing agreement; specifying a timeframe within
   31         which a residential real property owner may cancel an
   32         assessment financing agreement; prohibiting the term
   33         of an assessment financing agreement from exceeding
   34         specified timeframes; prohibiting a program
   35         administrator from offering specified types of
   36         financing for residential real properties; prohibiting
   37         a program administrator from enrolling certain
   38         contractors unless certain conditions are met;
   39         providing requirements that must be met before a
   40         program administrator may disburse funds; specifying
   41         marketing and communications guidelines that program
   42         administrators and contractors must comply with when
   43         communicating with residential real property owners;
   44         prohibiting a contractor from engaging in certain
   45         practices regarding pricing of qualifying improvements
   46         on residential real properties; specifying
   47         requirements for government leased property; providing
   48         exemptions for residential real property that meets
   49         certain conditions; providing an effective date.
   50          
   51  Be It Enacted by the Legislature of the State of Florida:
   52  
   53         Section 1. Subsections (1), (2), (4), (6) through (10),
   54  (12), (13), and (14) of section 163.08, Florida Statutes, are
   55  amended, and subsections (17) through (27) are added to that
   56  section, to read:
   57         163.08 Supplemental authority for improvements to real
   58  property.—
   59         (1)(a) In chapter 2008-227, Laws of Florida, the
   60  Legislature amended the energy goal of the state comprehensive
   61  plan to provide, in part, that the state shall reduce its energy
   62  requirements through enhanced conservation and efficiency
   63  measures in all end-use sectors and reduce atmospheric carbon
   64  dioxide by promoting an increased use of renewable energy
   65  resources. That act also declared it the public policy of the
   66  state to play a leading role in developing and instituting
   67  energy management programs that promote energy conservation,
   68  energy security, and the reduction of greenhouse gases. In
   69  addition to establishing policies to promote the use of
   70  renewable energy, the Legislature provided for a schedule of
   71  increases in energy performance of buildings subject to the
   72  Florida Energy Efficiency Code for Building Construction. In
   73  chapter 2008-191, Laws of Florida, the Legislature adopted new
   74  energy conservation and greenhouse gas reduction comprehensive
   75  planning requirements for local governments. In the 2008 general
   76  election, the voters of this state approved a constitutional
   77  amendment authorizing the Legislature, by general law, to
   78  prohibit consideration of any change or improvement made for the
   79  purpose of improving a property’s resistance to wind damage or
   80  the installation of a renewable energy source device in the
   81  determination of the assessed value of residential real
   82  property.
   83         (b) The Legislature finds that all energy-consuming
   84  improved properties that are not using energy conservation
   85  strategies contribute to the burden affecting all improved
   86  property resulting from fossil fuel energy production. Improved
   87  property that has been retrofitted with energy-related
   88  qualifying improvements receives the special benefit of
   89  alleviating the property’s burden from energy consumption. All
   90  improved properties not protected from wind or flood damage by
   91  wind or flood resistant resistance qualifying improvements
   92  contribute to the burden affecting all improved property
   93  resulting from potential wind or flood damage. Improved property
   94  that has been retrofitted with wind or flood resistant
   95  resistance qualifying improvements receives the special benefit
   96  of reducing the property’s burden from potential wind or flood
   97  damage. Further, the installation and operation of qualifying
   98  improvements not only benefit the affected properties for which
   99  the improvements are made, but also assist in fulfilling the
  100  goals of the state’s energy and hurricane mitigation policies.
  101         (c)Properties that do not use secondary or advanced
  102  technologies for wastewater treatment and disposal contribute to
  103  the water quality problems affecting the state and particularly
  104  the coastal areas. Improved properties that have been
  105  retrofitted with secondary or advanced onsite wastewater
  106  treatment systems or have converted to central sewerage
  107  significantly benefit the quality of water that may enter
  108  streams, lakes, rivers, aquifers, canals, estuaries, or coastal
  109  areas. Properties that are not protected from harmful
  110  environmental health hazards contribute to the environmental
  111  health burdens affecting the state. Properties that have been
  112  improved to mitigate against or prevent environmental health
  113  hazards benefit the general environmental health of the people
  114  within this state.
  115         (d) In order to make qualifying improvements more
  116  affordable and assist property owners who wish to undertake such
  117  improvements, the Legislature finds that there is a compelling
  118  state interest in enabling property owners to voluntarily
  119  finance such improvements with local government assistance.
  120         (e)(c) The Legislature determines that the actions
  121  authorized under this section, including, but not limited to,
  122  the financing of qualifying improvements through the execution
  123  of assessment financing agreements and the related imposition of
  124  voluntary assessments are reasonable and necessary to serve and
  125  achieve a compelling state interest and are necessary for the
  126  prosperity and welfare of the state and its property owners and
  127  inhabitants.
  128         (2) As used in this section, the term:
  129         (a)“Assessment” means the non-ad valorem assessment
  130  securing the annual repayment of financing obtained by an owner
  131  of commercial real property or residential real property for a
  132  qualifying improvement under this chapter.
  133         (b)“Assessment financing agreement” means the financing
  134  agreement, under a REEF program, between a local government and
  135  a property owner for the acquisition or installation of
  136  qualifying improvements.
  137         (c)“Commercial real property” means any property not
  138  defined as a residential real property which will be or is
  139  improved by a qualifying improvement, including, but not limited
  140  to, the following:
  141         1.A multifamily residential property composed of five or
  142  more dwelling units.
  143         2.A commercial real property.
  144         3.An industrial building or property.
  145         4.An agricultural property.
  146         5.A government leased property.
  147         (d)“Contractor” means an independent contractor who
  148  contracts with a property owner to install qualifying
  149  improvements on real property and is not the owner of such
  150  property.
  151         (e)“Government leased property” means real property owned
  152  by any local government which has become subject to taxation due
  153  to lease of the property to a nongovernmental lessee.
  154         (f)(a) “Local government” means a county, a municipality, a
  155  dependent special district as defined in s. 189.012, or a
  156  separate legal entity created pursuant to s. 163.01(7).
  157         (g)“Nongovernmental lessee” means a person or entity other
  158  than a local government which is the lessee of government leased
  159  real property.
  160         (h)Program administrator” means an entity, including, but
  161  not limited to, for-profit or not-for-profit entities, with whom
  162  a local government contracts to administer a REEF program.
  163         (i)(b) “Qualifying improvement” includes any:
  164         1. Energy conservation and efficiency improvement, which is
  165  a measure to reduce consumption through conservation or a more
  166  efficient use of electricity, natural gas, propane, or other
  167  forms of energy on the property, including, but not limited to,
  168  air sealing; installation of insulation; installation of energy
  169  efficient heating, cooling, or ventilation systems; building
  170  modifications to increase the use of daylight; replacement of
  171  windows; installation of energy controls or energy recovery
  172  systems; installation of electric vehicle charging equipment;
  173  installation of battery storage systems; and installation of
  174  efficient lighting equipment.
  175         2. Renewable energy improvement, which is the installation
  176  of any system in which the electrical, mechanical, or thermal
  177  energy is produced from a method that uses one or more of the
  178  following fuels or energy sources: hydrogen, solar energy,
  179  geothermal energy, bioenergy, and wind energy.
  180         3. Wind, storm, and flood resistance improvement, which
  181  includes, but is not limited to:
  182         a. Improving the strength of the roof deck attachment.;
  183         b. Creating a secondary water barrier to prevent water
  184  intrusion.;
  185         c. Installing wind-resistant shingles.;
  186         d. Installing gable-end bracing.;
  187         e. Reinforcing roof-to-wall connections.;
  188         f. Installing storm shutters.; or
  189         g. Installing opening protections.
  190         h.Installing backup power or battery storage systems.
  191         4.Wastewater treatment improvement, which includes the
  192  removal, replacement, or improvement of an onsite sewage
  193  treatment and disposal system with a secondary or advanced
  194  onsite treatment and disposal system or technology or the
  195  replacement of an onsite sewage treatment and disposal system
  196  with a central sewage system. For purposes of this section, the
  197  term “wastewater treatment improvement” includes removal,
  198  repairs, or modifications made to an onsite sewage treatment and
  199  disposal system under s. 381.0065.
  200         5.Flood and water damage mitigation and resiliency
  201  improvement, which includes, but is not limited to, projects and
  202  installations:
  203         a.To raise a structure above the base flood elevation to
  204  reduce flood damage.
  205         b.To build or repair a flood diversion apparatus or
  206  seawall improvement, which includes, but is not limited to,
  207  seawall repairs, caps, and replacements; banks; berms; green
  208  grey infrastructure; upland stem walls; or other infrastructure
  209  that impedes tidal waters from flowing onto adjacent property or
  210  public rights-of-way.
  211         c.That use flood damage resistant building materials.
  212         d.That mitigate or eliminate the potential for microbial
  213  growth.
  214         e.That use electrical, mechanical, plumbing, or other
  215  system improvements to reduce flood damage.
  216         f.That may qualify for reductions in flood insurance
  217  premiums or reduce repetitive loss such as those recognized by
  218  the National Flood Insurance Program, the Community Rating
  219  System, the Federal Emergency Management Agency, or other
  220  programs, including, but not limited to, those related to
  221  disaster recovery.
  222         6.Health and environmental hazards measure or improvement,
  223  which is a measure or an improvement intended to mitigate
  224  harmful health and environmental hazards to property occupants,
  225  including measures or improvements that mitigate or remove:
  226         a.The presence of lead, heavy metals, polyfluoroalkyl
  227  substance contamination, saltwater intrusion, or other harmful
  228  contaminants in potable water systems. Improvements may include
  229  conversion of well water to municipal water systems, replacement
  230  of lead water service lines, or installation of water filters.
  231         b.Asbestos.
  232         c.Lead paint contamination in housing built before 1978.
  233         d.Indoor air pollution or contaminants, including
  234  particulate matter, viruses, bacteria, and mold.
  235         7.Water conservation or efficiency improvement, which is a
  236  measure or improvement to reduce the usage of water or increase
  237  the efficiency of water usage.
  238         (j)“Residential real property” means a residential
  239  property of four or fewer dwelling units which is or will be
  240  improved by a qualifying improvement.
  241         (k)“Resiliency Energy Environment Florida (REEF) program”
  242  means a program established by a local government, alone or in
  243  partnership with other local governments or a program
  244  administrator, to finance qualifying improvements on commercial
  245  real property or residential real property.
  246         (4) Subject to local government ordinance or resolution, a
  247  property owner may apply to a REEF program the local government
  248  for funding to finance a qualifying improvement and enter into
  249  an assessment a financing agreement with the local government.
  250  Costs incurred by the REEF program local government for such
  251  purpose may be collected as a non-ad valorem assessment. A non
  252  ad valorem assessment shall be collected pursuant to s. 197.3632
  253  and, notwithstanding s. 197.3632(8)(a), is shall not be subject
  254  to a discount for early payment. However, the notice and
  255  adoption requirements of s. 197.3632(4) do not apply if this
  256  section is used and complied with, and the intent resolution,
  257  publication of notice, and mailed notices to the property
  258  appraiser, tax collector, and Department of Revenue required by
  259  s. 197.3632(3)(a) may be provided on or before August 15 in
  260  conjunction with any non-ad valorem assessment authorized by
  261  this section, if the property appraiser, tax collector, and
  262  local government agree.
  263         (6) A local government may enter into an agreement with a
  264  program administrator to administer a REEF program A qualifying
  265  improvement program may be administered by a for-profit entity
  266  or a not-for-profit organization on behalf of and at the
  267  discretion of the local government.
  268         (7) A local government may incur debt for the purpose of
  269  providing financing for the such improvements, which is payable
  270  from revenues received from the improved property, or any other
  271  available revenue source authorized by law.
  272         (8) A local government may enter into an assessment a
  273  financing agreement to finance or refinance a qualifying
  274  improvement only with the record owner of the affected property.
  275  Any assessment financing agreement entered into pursuant to this
  276  section or a summary memorandum of such agreement shall be
  277  submitted for recording recorded in the public records of the
  278  county within which the property is located by the sponsoring
  279  unit of local government within 5 days after execution of the
  280  agreement. The recorded agreement shall provide constructive
  281  notice that the assessment to be levied on the property
  282  constitutes a lien of equal dignity to county taxes and
  283  assessments from the date of recordation.
  284         (9) Before entering into an assessment a financing
  285  agreement, the local government or the program administrator
  286  acting on its behalf shall reasonably determine that:
  287         (a) All property taxes and any other assessments levied on
  288  the same bill as property taxes are current and have been paid
  289  and have not been delinquent for the preceding 3 years or the
  290  property owner’s period of ownership, whichever is less;
  291         (b)That There are no involuntary liens greater than
  292  $1,000, including, but not limited to, construction liens on the
  293  property;
  294         (c)That No notices of default or other evidence of
  295  property-based debt delinquency have been recorded and not
  296  released during the preceding 3 years or the property owner’s
  297  period of ownership, whichever is less;
  298         (d)The local government or program administrator has asked
  299  the property owner whether any other assessments have been
  300  recorded or that have been funded and not yet recorded on the
  301  property; and
  302         (e)That The property owner is current on all mortgage debt
  303  on the property.
  304         (10) Before final funding, a qualifying improvement must
  305  shall be affixed or plan to be affixed to a commercial or
  306  residential real building or facility that is part of the
  307  property and shall constitute an improvement to that property
  308  the building or facility or a fixture attached to the building
  309  or facility. An assessment financing agreement An agreement
  310  between a local government and a qualifying property owner may
  311  not cover qualifying wind-resistance improvements on commercial
  312  or residential real properties in buildings or facilities under
  313  new construction or construction for which a certificate of
  314  occupancy or similar evidence of substantial completion of new
  315  construction or improvement has not been issued.
  316         (12)(a) Without the consent of the holders or loan
  317  servicers of any mortgage encumbering or otherwise secured by
  318  the property, the total amount of any non-ad valorem assessment
  319  for a property under this section may not exceed 20 percent of
  320  the just value of the property as determined by the county
  321  property appraiser.
  322         (b) Notwithstanding paragraph (a), a non-ad valorem
  323  assessment for a qualifying improvement defined in subparagraph
  324  (2)(i)1. (2)(b)1. or subparagraph (2)(i)2. (2)(b)2. that is
  325  supported by an energy audit is not subject to the limits in
  326  this subsection if the audit demonstrates that the annual energy
  327  savings from the qualified improvement equals or exceeds the
  328  annual repayment amount of the non-ad valorem assessment.
  329         (13) At least 30 days before entering into an assessment a
  330  financing agreement, the property owner shall provide to the
  331  holders or loan servicers of any existing mortgages encumbering
  332  or otherwise secured by the property a notice of the owner’s
  333  intent to enter into an assessment a financing agreement
  334  together with the maximum principal amount to be financed and
  335  the maximum annual assessment necessary to repay that amount. A
  336  verified copy or other proof of such notice shall be provided to
  337  the local government. A provision in any agreement between a
  338  mortgagee or other lienholder and a property owner, or otherwise
  339  now or hereafter binding upon a property owner, which allows for
  340  acceleration of payment of the mortgage, note, or lien or other
  341  unilateral modification solely as a result of entering into an
  342  assessment a financing agreement as provided for in this section
  343  is not enforceable. This subsection does not limit the authority
  344  of the holder or loan servicer to increase the required monthly
  345  escrow by an amount necessary to annually pay the annual
  346  qualifying improvement assessment.
  347         (14) At or before the time a purchaser executes a contract
  348  for the sale and purchase of any property for which a non-ad
  349  valorem assessment has been levied under this section and has an
  350  unpaid balance due, the seller must shall give the prospective
  351  purchaser a written disclosure statement in the following form,
  352  which shall be set forth in the contract or in a separate
  353  writing:
  354  
  355         QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
  356         RENEWABLE ENERGY, FLOOD MITIGATION, OR WIND OR STORM
  357         RESILIENCE, ADVANCED TECHNOLOGIES FOR WASTEWATER
  358         TREATMENT, ENVIRONMENTAL HEALTH, OR WATER CONSERVATION
  359         RESISTANCE.—The property being purchased is located
  360         within the jurisdiction of a local government that has
  361         placed an assessment on the property pursuant to s.
  362         163.08, Florida Statutes. The assessment is for a
  363         qualifying improvement to the property relating to
  364         energy efficiency, renewable energy, flood mitigation,
  365         or wind or storm resilience, advanced technologies for
  366         wastewater treatment, environmental health, or water
  367         conservation resistance, and is not based on the value
  368         of property. You are encouraged to contact the county
  369         property appraiser’s office to learn more about this
  370         and other assessments that may be provided by law.
  371  
  372         (17)Before entering into an assessment financing agreement
  373  for a qualifying improvement on a residential real property, a
  374  program administrator must reasonably determine that the
  375  property owner has an ability to pay the estimated annual
  376  assessment based, at a minimum, on the following:
  377         (a)For property owners seeking financing where the total
  378  estimated annual payment amount of all assessments authorized
  379  under this section on the property is $4,800 or less, or the
  380  equivalent of $400 per month, the program administrator, at a
  381  minimum, must use the underwriting requirements in subsection
  382  (9) and confirm the property owner is not currently in
  383  bankruptcy in determining whether the property owner has a
  384  reasonable ability to pay the assessment. A program
  385  administrator shall annually recalculate the $4,800 limit to
  386  account for the rate of inflation established by the United
  387  States Bureau of Labor Statistics’ Consumer Price Index for All
  388  Urban Consumers (CPI-U), using the prior year 12-month average
  389  of the CPI-U, at an appropriate time following the release of
  390  the December CPI-U data from that prior year.
  391         (b)For property owners seeking financing where the total
  392  estimated annual payment amount of all assessments authorized
  393  under this section on the property is greater than $4,800, or
  394  the equivalent of $400 per month, the program administrator, at
  395  a minimum, must use the underwriting requirements in subsection
  396  (9), to confirm that the property owner is not in bankruptcy and
  397  determine that the total estimated annual payment amount for all
  398  the assessment financing agreements authorized under this
  399  section on the property does not exceed 10 percent of the
  400  property owner’s annual household income. Income may be
  401  confirmed using information gathered from reputable third
  402  parties that provide reasonably reliable evidence of the
  403  property owner’s household income. Income may not be confirmed
  404  solely from a property owner’s statement. A program
  405  administrator shall annually recalculate the $4,800 limit to
  406  account for the rate of inflation established by the United
  407  States Bureau of Labor Statistics’ Consumer Price Index for All
  408  Urban Consumers (CPI-U), using the prior year 12-month average
  409  of the CPI-U, at an appropriate time following the release of
  410  the December CPI-U data from that prior year.
  411         (18)Before an assessment financing agreement is entered
  412  into for a qualifying improvement on a residential real
  413  property, the program administrator must:
  414         (a)Provide a financing estimate and disclosure to the
  415  residential real property owner which includes all of the
  416  following:
  417         1.The total amount estimated to be funded, including the
  418  cost of the qualifying improvements, program fees, and
  419  capitalized interest, if any.
  420         2.The estimated annual assessment.
  421         3.The term of the assessment.
  422         4.The fixed interest charged and estimated annual
  423  percentage rate.
  424         5.A description of the qualifying improvement.
  425         6.A disclosure that if the property owner sells or
  426  refinances the property, the property owner, as a condition of
  427  the sale or the refinance, may be required by a mortgage lender
  428  to pay off the full amount owed under each assessment financing
  429  agreement.
  430         7.A disclosure that the assessment will be collected along
  431  with the property owner’s property taxes and will result in a
  432  lien on the property from the date the assessment financing
  433  agreement is executed.
  434         8.A disclosure that failure to pay the assessment may
  435  result in penalties and fees, along with the issuance of a tax
  436  certificate that could result in the property owner losing the
  437  real property.
  438         (b)Conduct, with a residential real property owner or an
  439  authorized representative, an oral, recorded telephone call
  440  during which time the program administrator must use plain
  441  language. The program administrator must ask the residential
  442  real property owner if he or she would like to communicate
  443  primarily in a language other than English. A program
  444  administrator may not leave a voicemail to the residential real
  445  property owner to satisfy this requirement. A program
  446  administrator, as part of such telephone call, must confirm all
  447  of the following with the residential real property owner:
  448         1.That at least one residential real property owner has
  449  access to a copy of the assessment financing agreement and
  450  financing estimates and disclosures.
  451         2.The qualifying improvement that is being financed.
  452         3.The total estimated annual costs that the residential
  453  real property owner will have to pay under the assessment
  454  financing agreement, including applicable fees.
  455         4.The total estimated average monthly equivalent amount of
  456  funds the residential real property owner would have to save in
  457  order to pay the annual costs of the assessment, including
  458  applicable fees.
  459         5.The estimated date the residential real property owner’s
  460  first property tax payment that includes the assessment will be
  461  due.
  462         6.The term of the assessment financing agreement.
  463         7.That payments for the assessment financing agreement
  464  will cause the residential real property owner’s annual tax bill
  465  to increase and that payments will be made through an additional
  466  annual assessment on the property and will be paid either
  467  directly to the county tax collector’s office as part of the
  468  total annual secured property tax bill or may be paid through
  469  the residential real property owner’s mortgage escrow account.
  470         8.That the qualifying residential property owner has
  471  disclosed whether the property has received or is seeking
  472  additional assessments authorized under this section and has
  473  disclosed all other assessments or special taxes that are or are
  474  about to be placed on the property.
  475         9.That the property will be subject to a lien during the
  476  term of the assessment financing agreement and that the
  477  obligations under the agreement may be required to be paid in
  478  full before the residential real property owner sells or
  479  refinances the property.
  480         10.That any potential utility or insurance savings are not
  481  guaranteed and will not reduce the assessment or total
  482  assessment amount.
  483         11.That the program administrator or contractor do not
  484  provide tax advice and that the residential real property owner
  485  should seek professional tax advice if he or she has questions
  486  regarding tax credits, tax deductibility, or other tax impacts
  487  of the qualifying improvement or the assessment financing
  488  agreement.
  489         (19)The residential real property owner may cancel the
  490  assessment financing agreement within 3 business days after
  491  signing the assessment financing agreement without any financial
  492  penalty for doing so.
  493         (20)The term of an assessment financing agreement on
  494  residential real property may not exceed:
  495         (a)The estimated useful life of the qualifying improvement
  496  being installed if one improvement is being financed; or
  497         (b)Either the weighted average estimated useful life of
  498  all qualifying improvements being financed or the estimated
  499  useful life of the qualifying improvements to which the greatest
  500  portion of funds are disbursed if multiple qualifying
  501  improvements are being financed.
  502  
  503  A financing term on residential real property may not exceed 30
  504  years.
  505         (21) A program administrator may not offer assessment
  506  financing on any residential real property if the financing
  507  includes any of the following:
  508         (a) A negative amortization schedule;
  509         (b) A balloon payment; or
  510         (c) Prepayment fees, other than nominal administrative
  511  costs.
  512         (22) For residential real property, a program
  513  administrator:
  514         (a) May not enroll a contractor who offers assessment
  515  financing on residential real property unless:
  516         1. The program administrator makes a reasonable effort to
  517  review that the contractor maintains in good standing an
  518  appropriate license from the state, if applicable, as well as
  519  any other permits, licenses, or registrations required for
  520  engaging in business in the jurisdiction in which it operates
  521  and that the contractor maintains all state required bond and
  522  insurance coverage.
  523         2. The program administrator obtains the contractor’s
  524  written agreement that the contractor will act in accordance
  525  with all applicable laws, including applicable advertising and
  526  marketing laws and regulations.
  527         (b) Must maintain a process to enroll new contractors which
  528  includes reasonable review of the following for each contractor:
  529         1. Relevant work or project history.
  530         2. Financial and reputational background checks.
  531         3. Criminal background check. A program administrator may
  532  rely on a background check conducted by the Florida Department
  533  of Business and Professional Regulation Construction Industry
  534  Licensing Board to comply with this requirement.
  535         4. Status on Better Business Bureau or other online
  536  platforms that track contractor reviews.
  537         (23)(a) Before disbursing funds to a contractor for a
  538  qualifying improvement on residential real property, a program
  539  administrator must first confirm the applicable work or service
  540  has been completed, either through written certification from
  541  the property owner, a recorded telephone call with the property
  542  owner, or a site inspection through third-party means.
  543         (b) A program administrator may not disclose to a
  544  contractor or to a third party engaged in soliciting an
  545  assessment financing agreement the maximum financing amount for
  546  which a residential real property owner is eligible.
  547         (24) Each program administrator and contractor must comply
  548  with the following marketing and communications guidelines when
  549  communicating with residential real property owners:
  550         (a) A program administrator or contractor may not suggest
  551  or imply:
  552         1. That a REEF program or assessment financing is a
  553  government assistance program;
  554         2. That qualifying improvements are free or that assessment
  555  financing is a free program; or
  556         3. That the financing of a qualifying improvement using the
  557  REEF program does not require the property owner to repay the
  558  financial obligation.
  559         (b) A program administrator or contractor may not make any
  560  representation as to the tax deductibility of an assessment
  561  authorized under this section on residential real property. A
  562  program administrator or contractor may encourage a property
  563  owner to seek the advice of a tax professional regarding tax
  564  matters related to assessments.
  565         (25) A contractor should not present a higher price for a
  566  qualifying improvement on residential real property financed by
  567  assessment financing agreement than the contractor would
  568  otherwise reasonably present if the qualifying improvement were
  569  not being financed through a PACE assessment contract.
  570         (26)Notwithstanding any provisions to the contrary
  571  contained in this section, the following applies to government
  572  leased property:
  573         (a)The assessment financing agreement shall be executed by
  574  either:
  575         1.Both the local government and the nongovernmental
  576  lessee; or
  577         2.Solely by the nongovernmental lessee but with the
  578  written consent of the local government that must provide
  579  evidence of such consent to the program administrator or REEF
  580  program.
  581         (b)The assessment financing agreement must provide that
  582  the nongovernmental lessee is the only party obligated to pay
  583  the assessment.
  584         (c)A delinquent assessment shall be enforced in the manner
  585  provided in s. 196.199(8).
  586         (d)The recorded assessment financing agreement or a
  587  summary memorandum of such recorded agreement shall provide
  588  constructive notice that the assessment to be levied on the
  589  property is subject to enforcement in the manner provided in ss.
  590  197.432(10) and 196.199(8).
  591         (e)For purposes of subsections (9) and (13) only,
  592  references to the property owner shall be deemed to refer to the
  593  nongovernmental lessee, and references to the period of
  594  ownership shall be deemed to refer to the period that the
  595  nongovernmental lessee has been leasing the property from the
  596  local government.
  597         (f) The term of the assessment financing agreement on
  598  government leased property may not exceed the lesser of:
  599         1. The useful life of the qualifying improvement being
  600  financed if one improvement is being financed, or, either the
  601  weighted average estimated useful life of all qualifying
  602  improvements being financed or the estimated useful life of the
  603  qualifying improvements to which the greatest portion of funds
  604  are disbursed if multiple qualifying improvements are being
  605  financed;
  606         2. The remaining term of the lease on the government leased
  607  property; or
  608         3. Thirty years.
  609         (27)Residential real property is exempt from subsections
  610  (17) through (25) if:
  611         (a)The residential real property is owned by a business
  612  entity that owns more than one residential real property; and
  613         (b)The business entity’s managing member, partner, or
  614  beneficial owner does not reside in the residential real
  615  property.
  616         Section 2. This act shall take effect July 1, 2021.

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