Bill Amendment: FL S0770 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Improvements to Real Property
Status: 2024-07-01 - Chapter No. 2024-273 [S0770 Detail]
Download: Florida-2024-S0770-Senate_Floor_Amendment_Delete_All_133022.html
Bill Title: Improvements to Real Property
Status: 2024-07-01 - Chapter No. 2024-273 [S0770 Detail]
Download: Florida-2024-S0770-Senate_Floor_Amendment_Delete_All_133022.html
Florida Senate - 2024 SENATOR AMENDMENT Bill No. CS for CS for SB 770 Ì133022bÎ133022 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Martin moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 163.08, Florida Statutes, is amended to 6 read: 7 (Substantial rewording of section. See 8 s. 163.08, F.S., for present text.) 9 163.08 Definitions.—As used in ss. 163.081-163.087, the 10 term: 11 (1) “Commercial property” means real property other than 12 residential property. The term includes, but is not limited to, 13 a property zoned multifamily residential which is composed of 14 five or more dwelling units; and real property used for 15 commercial, industrial, or agricultural purposes. 16 (2) “Program administrator” means a county, a municipality, 17 a dependent special district as defined in s. 189.012, or a 18 separate legal entity created pursuant to s. 163.01(7) which 19 directly operates a program for financing qualifying 20 improvements and is authorized pursuant to s. 163.081 or s. 21 163.082. 22 (3) “Property owner” means the owner or owners of record of 23 real property. The term includes real property held in trust for 24 the benefit of one or more individuals, in which case the 25 individual or individuals may be considered as the property 26 owner or owners, provided that the trustee provides written 27 consent. The term does not include persons renting, using, 28 living, or otherwise occupying real property. 29 (4) “Qualifying improvement” means the following permanent 30 improvements located on real property within the jurisdiction of 31 an authorized financing program: 32 (a) For improvements on residential property: 33 1. Repairing, replacing, or improving a central sewerage 34 system, converting an onsite sewage treatment and disposal 35 system to a central sewerage system, or, if no central sewerage 36 system is available, removing, repairing, replacing, or 37 improving an onsite sewage treatment and disposal system to an 38 advanced system or technology. 39 2. Repairing, replacing, or improving a roof, including 40 improvements that strengthen the roof deck attachment; create a 41 secondary water barrier to prevent water intrusion; install 42 wind-resistant shingles or gable-end bracing; or reinforce roof 43 to-wall connections. 44 3. Providing flood and water damage mitigation and 45 resiliency improvements, prioritizing repairs, replacement, or 46 improvements that qualify for reductions in flood insurance 47 premiums, including raising a structure above the base flood 48 elevation to reduce flood damage; constructing a flood diversion 49 apparatus, drainage gate, or seawall improvement, including 50 seawall repairs and seawall replacements; purchasing flood 51 damage-resistant building materials; or making electrical, 52 mechanical, plumbing, or other system improvements that reduce 53 flood damage. 54 4. Replacing windows or doors, including garage doors, with 55 energy-efficient, impact-resistant, wind-resistant, or hurricane 56 windows or doors or installing storm shutters. 57 5. Installing energy-efficient heating, cooling, or 58 ventilation systems. 59 6. Replacing or installing insulation. 60 7. Replacing or installing energy-efficient water heaters. 61 8. Installing and affixing a permanent generator. 62 9. Providing a renewable energy improvement, including the 63 installation of any system in which the electrical, mechanical, 64 or thermal energy is produced from a method that uses solar, 65 geothermal, bioenergy, wind, or hydrogen. 66 (b) For installing or constructing improvements on 67 commercial property: 68 1. Waste system improvements, which consists of repairing, 69 replacing, improving, or constructing a central sewerage system, 70 converting an onsite sewage treatment and disposal system to a 71 central sewerage system, or, if no central sewerage system is 72 available, removing, repairing, replacing, or improving an 73 onsite sewage treatment and disposal system to an advanced 74 system or technology. 75 2. Making resiliency improvements, which includes but is 76 not limited to: 77 a. Repairing, replacing, improving, or constructing a roof, 78 including improvements that strengthen the roof deck attachment; 79 b. Creating a secondary water barrier to prevent water 80 intrusion; 81 c. Installing wind-resistant shingles or gable-end bracing; 82 d. Reinforcing roof-to-wall connections; or 83 e. Providing flood and water damage mitigation and 84 resiliency improvements, prioritizing repairs, replacement, or 85 improvements that qualify for reductions in flood insurance 86 premiums, including raising a structure above the base flood 87 elevation to reduce flood damage; creating or improving 88 stormwater and flood resiliency, including flood diversion 89 apparatus, drainage gates, or shoreline improvements; purchasing 90 flood-damage-resistant building materials; or making any other 91 improvements necessary to achieve a sustainable building rating 92 or compliance with a national model resiliency standard and any 93 improvements to a structure to achieve wind or flood insurance 94 rate reductions, including building elevation. 95 3. Energy conservation and efficiency improvements, which 96 are measures to reduce consumption through efficient use or 97 conservation of electricity, natural gas, propane, or other 98 forms of energy, including but not limited to, air sealing; 99 installation of insulation; installation of energy-efficient 100 heating, cooling, or ventilation systems; building modification 101 to increase the use of daylight; window replacement; windows; 102 energy controls or energy recovery systems; installation of 103 electric vehicle charging equipment; installation of efficient 104 lighting equipment; or any other improvements necessary to 105 achieve a sustainable building rating or compliance with a 106 national model green building code. 107 4. Renewable energy improvements, including the 108 installation of any system in which the electrical, mechanical, 109 or thermal energy is produced from a method that uses solar, 110 geothermal, bioenergy, wind, or hydrogen. 111 5. Water conservation efficiency improvements, which are 112 measures to reduce consumption through efficient use or 113 conservation of water. 114 (5) “Qualifying improvement contractor” means a licensed or 115 registered contractor who has been registered to participate by 116 a program administrator pursuant to s. 163.083 to install or 117 otherwise perform work to make qualifying improvements on 118 residential property financed pursuant to a program authorized 119 under s. 163.081. 120 (6) “Residential property” means real property zoned as 121 residential or multifamily residential and composed of four or 122 fewer dwelling units. 123 (7) “Third-party administrator” means an entity under 124 contract with a program administrator pursuant to s. 163.084. 125 Section 2. Section 163.081, Florida Statutes, is created to 126 read: 127 163.081 Financing qualifying improvements to residential 128 property.— 129 (1) RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.— 130 (a) A program administrator may only offer a program for 131 financing qualifying improvements to residential property within 132 the jurisdiction of a county or municipality if the county or 133 municipality has authorized by ordinance or resolution the 134 program administrator to administer the program for financing 135 qualifying improvements to residential property. The authorized 136 program must, at a minimum, meet the requirements of this 137 section. 138 (b) Pursuant to this section or as otherwise provided by 139 law or pursuant to a county’s or municipality’s home rule power, 140 a county or municipality may enter into an interlocal agreement 141 providing for a partnership between one or more counties or 142 municipalities for the purpose of facilitating a program to 143 finance qualifying improvements to residential property located 144 within the jurisdiction of the counties or municipalities that 145 are party to the agreement. 146 (c) A county or municipality may deauthorize a program 147 administrator through repeal of the ordinance or resolution 148 adopted pursuant to paragraph (a) or other action. Any recorded 149 financing agreements at the time of deauthorization shall 150 continue, except any financing agreement for which the 151 provisions of s. 163.086 apply. 152 (d) An authorized program administrator may contract with 153 one or more third-party administrators to implement the program 154 as provided in s. 163.084. 155 (e) An authorized program administrator may levy non-ad 156 valorem assessments to facilitate repayment of financing 157 qualifying improvements. Costs incurred by the program 158 administrator for such purpose may be collected as a non-ad 159 valorem assessment. A non-ad valorem assessment shall be 160 collected pursuant to s. 197.3632 and, notwithstanding s. 161 197.3632(8)(a), shall not be subject to discount for early 162 payment. However, the notice and adoption requirements of s. 163 197.3632(4) do not apply if this section is used and complied 164 with, and the intent resolution, publication of notice, and 165 mailed notices to the property appraiser, tax collector, and 166 Department of Revenue required by s. 197.3632(3)(a) may be 167 provided on or before August 15 of each year in conjunction with 168 any non-ad valorem assessment authorized by this section, if the 169 property appraiser, tax collector, and program administrator 170 agree. The program administrator shall only compensate the tax 171 collector for the actual cost of collecting non-ad valorem 172 assessments, not to exceed 2 percent of the amount collected and 173 remitted. 174 (f) A program administrator may incur debt for the purpose 175 of providing financing for qualifying improvements, which debt 176 is payable from revenues received from the improved property or 177 any other available revenue source authorized by law. 178 (2) APPLICATION.—The owner of record of the residential 179 property within the jurisdiction of an authorized program may 180 apply to the authorized program administrator to finance a 181 qualifying improvement. The program administrator may only enter 182 into a financing agreement with the property owner. 183 (3) FINANCING AGREEMENTS.— 184 (a) Before entering into a financing agreement, the program 185 administrator must make each of the following findings based on 186 a review of public records derived from a commercially accepted 187 source and the property owner’s statements, records, and credit 188 reports: 189 1. There are sufficient resources to complete the project. 190 2. The total amount of any non-ad valorem assessment for a 191 residential property under this section does not exceed 20 192 percent of the just value of the property as determined by the 193 property appraiser. The total amount may exceed this limitation 194 upon written consent of the holders or loan servicers of any 195 mortgage encumbering or otherwise secured by the residential 196 property. 197 3. The combined mortgage-related debt and total amount of 198 any non-ad valorem assessments under the program for the 199 residential property does not exceed 97 percent of the just 200 value of the property as determined by the property appraiser. 201 4. The financing agreement does not utilize a negative 202 amortization schedule, a balloon payment, or prepayment fees or 203 fines other than nominal administrative costs. Capitalized 204 interest included in the original balance of the assessment 205 financing agreement does not constitute negative amortization. 206 5. All property taxes and any other assessments, including 207 non-ad valorem assessments, levied on the same bill as the 208 property taxes are current and have not been delinquent for the 209 preceding 3 years, or the property owner’s period of ownership, 210 whichever is less. 211 6. There are no outstanding fines or fees related to zoning 212 or code enforcement violations issued by a county or 213 municipality, unless the qualifying improvement will remedy the 214 zoning or code violation. 215 7. There are no involuntary liens, including, but not 216 limited to, construction liens on the residential property. 217 8. No notices of default or other evidence of property 218 based debt delinquency have been recorded and not released 219 during the preceding 3 years or the property owner’s period of 220 ownership, whichever is less. 221 9. The property owner is current on all mortgage debt on 222 the residential property. 223 10. The property owner has not been subject to a bankruptcy 224 proceeding within the last 5 years unless it was discharged or 225 dismissed more than 2 years before the date on which the 226 property owner applied for financing. 227 11. The residential property is not subject to an existing 228 home equity conversion mortgage or reverse mortgage product. 229 12. The term of the financing agreement does not exceed the 230 weighted average useful life of the qualified improvements to 231 which the greatest portion of funds disbursed under the 232 assessment contract is attributable, not to exceed 20 years. The 233 program administrator shall determine the useful life of a 234 qualifying improvement using established standards, including 235 certification criteria from government agencies or nationally 236 recognized standards and testing organizations. 237 13. The total estimated annual payment amount for all 238 financing agreements entered into under this section on the 239 residential property does not exceed 10 percent of the property 240 owner’s annual household income. Income must be confirmed using 241 reasonable evidence and not solely by a property owner’s 242 statement. 243 14. If the qualifying improvement is for the conversion of 244 an onsite sewage treatment and disposal system to a central 245 sewerage system, the property owner has utilized all available 246 local government funding for such conversions and is unable to 247 obtain financing for the improvement on more favorable terms 248 through a local government program designed to support such 249 conversions. 250 (b) Before entering into a financing agreement, the program 251 administrator must determine if there are any current financing 252 agreements on the residential property and if the property owner 253 has obtained or sought to obtain additional qualifying 254 improvements on the same property which have not yet been 255 recorded. The existence of a prior qualifying improvement non-ad 256 valorem assessment or a prior financing agreement is not 257 evidence that the financing agreement under consideration is 258 affordable or meets other program requirements. 259 (c) Findings satisfying paragraphs (a) and (b) must be 260 documented, including supporting evidence relied upon, and 261 provided to the property owner prior to a financing agreement 262 being approved and recorded. The program administrator must 263 retain the documentation for the duration of the financing 264 agreement. 265 (d) If the qualifying improvement is estimated to cost 266 $10,000 or more, before entering into a financing agreement the 267 program administrator must advise the property owner in writing 268 that the best practice is to obtain estimates from more than one 269 unaffiliated, registered qualifying improvement contractors for 270 the qualifying improvement and notify the property owner in 271 writing of the advertising and solicitation requirements of s. 272 163.085. 273 (e) A property owner and the program administrator may 274 agree to include in the financing agreement provisions for 275 allowing change orders necessary to complete the qualifying 276 improvement. Any financing agreement or contract for qualifying 277 improvements which includes such provisions must meet the 278 requirements of this paragraph. If a proposed change order on a 279 qualifying improvement will increase the original cost of the 280 qualifying improvement by 20 percent or more or will expand the 281 scope of the qualifying improvement by more than 20 percent, 282 before the change order may be executed which would result in an 283 increase in the amount financed through the program 284 administrator for the qualifying improvement, the program 285 administrator must notify the property owner, provide an updated 286 written disclosure form as described in subsection (4) to the 287 property owner, and obtain written approval of the change from 288 the property owner. 289 (f) A financing agreement may not be entered into if the 290 total cost of the qualifying improvement, including program fees 291 and interest, is less than $2,500. 292 (g) A financing agreement may not be entered into for 293 qualifying improvements in buildings or facilities under new 294 construction or construction for which a certificate of 295 occupancy or similar evidence of substantial completion of new 296 construction or improvement has not been issued. 297 (4) DISCLOSURES.— 298 (a) In addition to the requirements imposed in subsection 299 (3), a financing agreement may not be executed unless the 300 program administrator first provides, including via electronic 301 means, a written financing estimate and disclosure to the 302 property owner which includes all of the following, each of 303 which must be individually acknowledged in writing by the 304 property owner: 305 1. The estimated total amount to be financed, including the 306 total and itemized cost of the qualifying improvement, program 307 fees, and capitalized interest; 308 2. The estimated annual non-ad valorem assessment; 309 3. The term of the financing agreement and the schedule for 310 the non-ad valorem assessments; 311 4. The interest charged and estimated annual percentage 312 rate; 313 5. A description of the qualifying improvement; 314 6. The total estimated annual costs that will be required 315 to be paid under the assessment contract, including program 316 fees; 317 7. The total estimated average monthly equivalent amount of 318 funds that would need to be saved in order to pay the annual 319 costs of the non-ad valorem assessment, including program fees; 320 8. The estimated due date of the first payment that 321 includes the non-ad valorem assessment; 322 9. A disclosure that the financing agreement may be 323 canceled within 3 business days after signing the financing 324 agreement without any financial penalty for doing so; 325 10. A disclosure that the property owner may repay any 326 remaining amount owed, at any time, without penalty or 327 imposition of additional prepayment fees or fines other than 328 nominal administrative costs; 329 11. A disclosure that if the property owner sells or 330 refinances the residential property, the property owner may be 331 required by a mortgage lender to pay off the full amount owed 332 under each financing agreement under this section; 333 12. A disclosure that the assessment will be collected 334 along with the property owner’s property taxes, and will result 335 in a lien on the property from the date the financing agreement 336 is recorded; 337 13. A disclosure that potential utility or insurance 338 savings are not guaranteed, and will not reduce the assessment 339 amount; and 340 14. A disclosure that failure to pay the assessment may 341 result in penalties, fees, including attorney fees, court costs, 342 and the issuance of a tax certificate that could result in the 343 property owner losing the property and a judgment against the 344 property owner, and may affect the property owner’s credit 345 rating. 346 (b) Prior to the financing agreement being approved, the 347 program administrator must conduct an oral, recorded telephone 348 call with the property owner during which the program 349 administrator must confirm each finding or disclosure required 350 in subsection (3) and this section. 351 (5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 5 352 business days before entering into a financing agreement, the 353 property owner must provide to the holders or loan servicers of 354 any existing mortgages encumbering or otherwise secured by the 355 residential property a written notice of the owner’s intent to 356 enter into a financing agreement together with the maximum 357 amount to be financed, including the amount of any fees and 358 interest, and the maximum annual assessment necessary to repay 359 the total. A verified copy or other proof of such notice must be 360 provided to the program administrator. A provision in any 361 agreement between a mortgagor or other lienholder and a property 362 owner, or otherwise now or hereafter binding upon a property 363 owner, which allows for acceleration of payment of the mortgage, 364 note, or lien or other unilateral modification solely as a 365 result of entering into a financing agreement as provided for in 366 this section is unenforceable. This subsection does not limit 367 the authority of the holder or loan servicer to increase the 368 required monthly escrow by an amount necessary to pay the annual 369 assessment. 370 (6) CANCELLATION.—A property owner may cancel a financing 371 agreement on a form established by the program administrator 372 within 3 business days after signing the financing agreement 373 without any financial penalty for doing so. 374 (7) RECORDING.—Any financing agreement executed pursuant to 375 this section, or a summary memorandum of such agreement, shall 376 be submitted for recording in the public records of the county 377 within which the residential property is located by the program 378 administrator within 10 business days after execution of the 379 agreement and the 3-day cancelation period. The recorded 380 agreement must provide constructive notice that the non-ad 381 valorem assessment to be levied on the property constitutes a 382 lien of equal dignity to county taxes and assessments from the 383 date of recordation. A notice of lien for the full amount of the 384 financing may be recorded in the public records of the county 385 where the property is located. Such lien is not enforceable in a 386 manner that results in the acceleration of the remaining 387 nondelinquent unpaid balance under the assessment financing 388 agreement. 389 (8) SALE OF RESIDENTIAL PROPERTY.—At or before the time a 390 seller executes a contract for the sale of any residential 391 property for which a non-ad valorem assessment has been levied 392 under this section and has an unpaid balance due, the seller 393 shall give the prospective purchaser a written disclosure 394 statement in the following form, which must be set forth in the 395 contract or in a separate writing: 396 397 QUALIFYING IMPROVEMENTS.—The property being purchased 398 is subject to an assessment on the property pursuant 399 to s. 163.081, Florida Statutes. The assessment is for 400 a qualifying improvement to the property and is not 401 based on the value of the property. You are encouraged 402 to contact the property appraiser’s office to learn 403 more about this and other assessments that may be 404 provided by law. 405 406 (9) DISBURSEMENTS.—Before disbursing final funds to a 407 qualifying improvement contractor for a qualifying improvement 408 on residential property, the program administrator shall confirm 409 that the applicable work or service has been completed or, as 410 applicable, that the final permit for the qualifying improvement 411 has been closed with all permit requirements satisfied or a 412 certificate of occupancy or similar evidence of substantial 413 completion of construction or improvement has been issued. 414 (10) CONSTRUCTION.—This section is additional and 415 supplemental to county and municipal home rule authority and not 416 in derogation of such authority or a limitation upon such 417 authority. 418 Section 3. Section 163.082, Florida Statutes, is created to 419 read: 420 163.082 Financing qualifying improvements to commercial 421 property.— 422 (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.— 423 (a) A program administrator may only offer a program for 424 financing qualifying improvements to commercial property within 425 the jurisdiction of a county or municipality if the county or 426 municipality has authorized by ordinance or resolution the 427 program administrator to administer the program for financing 428 qualifying improvements to commercial property. The authorized 429 program must, at a minimum, meet the requirements of this 430 section. 431 (b) Pursuant to this section or as otherwise provided by 432 law or pursuant to a county’s or municipality’s home rule power, 433 a county or municipality may enter into an interlocal agreement 434 providing for a partnership between one or more counties or 435 municipalities for the purpose of facilitating a program for 436 financing qualifying improvements to commercial property located 437 within the jurisdiction of the counties or municipalities that 438 are party to the agreement. 439 (c) A county or municipality may deauthorize a program 440 administrator through repeal of the ordinance or resolution 441 adopted pursuant to paragraph (a) or other action. Any recorded 442 financing agreements at the time of deauthorization shall 443 continue, except any financing agreement for which the 444 provisions of s. 163.086 apply. 445 (d) A program administrator may contract with one or more 446 third-party administrators to implement the program as provided 447 in s. 163.084. 448 (e) An authorized program administrator may levy non-ad 449 valorem assessments to facilitate repayment of financing or 450 refinancing qualifying improvements. Costs incurred by the 451 program administrator for such purpose may be collected as a 452 non-ad valorem assessment. A non-ad valorem assessment shall be 453 collected pursuant to s. 197.3632 and, notwithstanding s. 454 197.3632(8)(a), is not subject to discount for early payment. 455 However, the notice and adoption requirements of s. 197.3632(4) 456 do not apply if this section is used and complied with, and the 457 intent resolution, publication of notice, and mailed notices to 458 the property appraiser, tax collector, and Department of Revenue 459 required by s. 197.3632(3)(a) may be provided on or before 460 August 15 of each year in conjunction with any non-ad valorem 461 assessment authorized by this section, if the property 462 appraiser, tax collector, and program administrator agree. The 463 program administrator shall only compensate the tax collector 464 for the actual cost of collecting non-ad valorem assessments, 465 not to exceed 2 percent of the amount collected and remitted. 466 (f) A program administrator may incur debt for the purpose 467 of providing financing for qualifying improvements, which debt 468 is payable from revenues received from the improved property or 469 any other available revenue source authorized by law. 470 (2) APPLICATION.—The owner of record of the commercial 471 property within the jurisdiction of the authorized program may 472 apply to the program administrator to finance a qualifying 473 improvement and enter into a financing agreement with the 474 program administrator to make such improvement. The program 475 administrator may only enter into a financing agreement with a 476 property owner. 477 (3) CONSENT OF LIENHOLDERS AND SERVICERS.—The program 478 administrator must receive the written consent of the current 479 holders or loan servicers of any mortgage that encumbers or is 480 otherwise secured by the commercial property or that will 481 otherwise be secured by the property before a financing 482 agreement may be executed. 483 (4) FINANCING AGREEMENTS.— 484 (a) A program administrator offering a program for 485 financing qualifying improvements to commercial property must 486 maintain underwriting criteria sufficient to determine the 487 financial feasibility of entering into a financing agreement. To 488 enter into a financing agreement, the program administrator 489 must, at a minimum, make each of the following findings based on 490 a review of public records derived from a commercially accepted 491 source and the statements, records, and credit reports of the 492 commercial property owner: 493 1. There are sufficient resources to complete the project. 494 2. The combined mortgage-related debt and total amount of 495 any non-ad valorem assessments under the program for the 496 commercial property does not exceed 97 percent of the just value 497 of the property as determined by the property appraiser. 498 3. All property taxes and any other assessments, including 499 non-ad valorem assessments, levied on the same bill as the 500 property taxes are current. 501 4. There are no involuntary liens greater than $5,000, 502 including, but not limited to, construction liens on the 503 commercial property. 504 5. No notices of default or other evidence of property 505 based debt delinquency have been recorded and not been released 506 during the preceding 3 years or the property owner’s period of 507 ownership, whichever is less. 508 6. The property owner is current on all mortgage debt on 509 the commercial property. 510 7. The term of the financing agreement does not exceed the 511 weighted average useful life of the qualified improvements to 512 which the greatest portion of funds disbursed under the 513 assessment contract is attributable, not to exceed 30 years. The 514 program administrator shall determine the useful life of a 515 qualifying improvement using established standards, including 516 certification criteria from government agencies or nationally 517 recognized standards and testing organizations. 518 8. The property owner is not currently the subject of a 519 bankruptcy proceeding. 520 (b) Before entering into a financing agreement, the program 521 administrator shall determine if there are any current financing 522 agreements on the commercial property and whether the property 523 owner has obtained or sought to obtain additional qualifying 524 improvements on the same property which have not yet been 525 recorded. The existence of a prior qualifying improvement non-ad 526 valorem assessment or a prior financing agreement is not 527 evidence that the financing agreement under consideration is 528 affordable or meets other program requirements. 529 (c) The program administrator shall document and retain 530 findings satisfying paragraphs (a) and (b), including supporting 531 evidence relied upon, which were made prior to the financing 532 agreement being approved and recorded, for the duration of the 533 financing agreement. 534 (d) A property owner and the program administrator may 535 agree to include in the financing agreement provisions for 536 allowing change orders necessary to complete the qualifying 537 improvement. Any financing agreement or contract for qualifying 538 improvements which includes such provisions must meet the 539 requirements of this paragraph. If a proposed change order on a 540 qualifying improvement will increase the original cost of the 541 qualifying improvement by 20 percent or more or will expand the 542 scope of the qualifying improvement by 20 percent or more, 543 before the change order may be executed which would result in an 544 increase in the amount financed through the program 545 administrator for the qualifying improvement, the program 546 administrator must notify the property owner, provide an updated 547 written disclosure form as described in subsection (5) to the 548 property owner, and obtain written approval of the change from 549 the property owner. 550 (e) A financing agreement may not be entered into if the 551 total cost of the qualifying improvement, including program fees 552 and interest, is less than $2,500. 553 (5) DISCLOSURES.—In addition to the requirements imposed in 554 subsection (4), a financing agreement may not be executed unless 555 the program administrator provides, whether on a separate 556 document or included with other disclosures or forms, a 557 financing estimate and disclosure to the property owner which 558 includes all of the following: 559 (a) The estimated total amount to be financed, including 560 the total and itemized cost of the qualifying improvement, 561 program fees, and capitalized interest; 562 (b) The estimated annual non-ad valorem assessment; 563 (c) The term of the financing agreement and the schedule 564 for the non-ad valorem assessments; 565 (d) The interest charged and estimated annual percentage 566 rate; 567 (e) A description of the qualifying improvement; 568 (f) The total estimated annual costs that will be required 569 to be paid under the assessment contract, including program 570 fees; 571 (g) The estimated due date of the first payment that 572 includes the non-ad valorem assessment; and 573 (h) A disclosure of any prepayment penalties, fees, or 574 fines as set forth in the financing agreement. 575 (6) RECORDING.—Any financing agreement executed pursuant to 576 this section or a summary memorandum of such agreement must be 577 submitted for recording in the public records of the county 578 within which the commercial property is located by the program 579 administrator within 10 business days after execution of the 580 agreement. The recorded agreement must provide constructive 581 notice that the non-ad valorem assessment to be levied on the 582 property constitutes a lien of equal dignity to county taxes and 583 assessments from the date of recordation. A notice of lien for 584 the full amount of the financing may be recorded in the public 585 records of the county where the property is located. Such lien 586 is not enforceable in a manner that results in the acceleration 587 of the remaining nondelinquent unpaid balance under the 588 assessment financing agreement. 589 (7) SALE OF COMMERCIAL PROPERTY.—At or before the time a 590 seller executes a contract for the sale of any commercial 591 property for which a non-ad valorem assessment has been levied 592 under this section and has an unpaid balance due, the seller 593 shall give the prospective purchaser a written disclosure 594 statement in the following form, which must be set forth in the 595 contract or in a separate writing: 596 597 QUALIFYING IMPROVEMENTS.—The property being purchased 598 is subject to an assessment on the property pursuant 599 to s. 163.082, Florida Statutes. The assessment is for 600 a qualifying improvement to the property and is not 601 based on the value of the property. You are encouraged 602 to contact the property appraiser’s office to learn 603 more about this and other assessments that may be 604 provided for by law. 605 606 (8) COMPLETION CERTIFICATE.—Upon disbursement of all 607 financing and completion of installation of qualifying 608 improvements financed, the program administrator shall retain a 609 certificate that the qualifying improvements have been installed 610 and are in good working order. 611 (9) CONSTRUCTION.—This section is additional and 612 supplemental to county and municipal home rule authority and not 613 in derogation of such authority or a limitation upon such 614 authority. 615 Section 4. Section 163.083, Florida Statutes, is created to 616 read: 617 163.083 Qualifying improvement contractors.— 618 (1) A county or municipality shall establish a process, or 619 approve a process established by a program administrator, to 620 register contractors for participation in a program authorized 621 by a county or municipality pursuant to s. 163.081. A qualifying 622 improvement contractor may only perform such work that the 623 contractor is appropriately licensed, registered, and permitted 624 to conduct. At the time of application to participate and during 625 participation in the program, contractors must: 626 (a) Hold all necessary licenses or registrations for the 627 work to be performed which are in good standing. Good standing 628 includes no outstanding complaints with the state or local 629 government which issues such licenses or registrations. 630 (b) Comply with all applicable federal, state, and local 631 laws and regulations, including obtaining and maintaining any 632 other permits, licenses, or registrations required for engaging 633 in business in the jurisdiction in which it operates and 634 maintaining all state-required bond and insurance coverage. 635 (c) File with the program administrator a written statement 636 in a form approved by the county or municipality that the 637 contractor will comply with applicable laws and rules and 638 qualifying improvement program policies and procedures, 639 including those on advertising and marketing. 640 (2) A third-party administrator or a program administrator, 641 either directly or through an affiliate, may not be registered 642 as a qualifying improvement contractor. 643 (3) A program administrator shall establish and maintain: 644 (a) A process to monitor qualifying improvement contractors 645 for performance and compliance with requirements of the program 646 and must conduct regular reviews of qualifying improvement 647 contractors to confirm that each qualifying improvement 648 contractor is in good standing. 649 (b) Procedures for notice and imposition of penalties upon 650 a finding of violation, which may consist of placement of the 651 qualifying improvement contractor in a probationary status that 652 places conditions for continued participation, suspension, or 653 termination from participation in the program. 654 (c) An easily accessible page on its website that provides 655 information on the status of registered qualifying improvement 656 contractors, including any imposed penalties, and the names of 657 any qualifying improvement contractors currently on probationary 658 status or that are suspended or terminated from participation in 659 the program. 660 Section 5. Section 163.084, Florida Statutes, is created to 661 read: 662 163.084 Third-party administrator for financing qualifying 663 improvements programs.— 664 (1)(a) A program administrator may contract with one or 665 more third-party administrators to administer a program 666 authorized by a county or municipality pursuant to s. 163.081 or 667 s. 163.082 on behalf of and at the discretion of the program 668 administrator. 669 (b) The third-party administrator must be independent of 670 the program administrator and have no conflicts of interest 671 between managers or owners of the third-party administrator and 672 program administrator managers, owners, officials, or employees 673 with oversight over the contract. A program administrator, 674 either directly or through an affiliate, may not act as a third 675 party administrator for itself or for another program 676 administrator. However, this paragraph does not apply to a 677 third-party administrator created by an entity authorized in law 678 pursuant to s. 288.9604. 679 (c) The contract must provide for the entity to administer 680 the program according to the requirements of s. 163.081 or s. 681 163.082 and the ordinance or resolution adopted by the county or 682 municipality authorizing the program. However, only the program 683 administrator may levy or administer non-ad valorem assessments. 684 (2) A program administrator may not contract with a third 685 party administrator that, within the last 3 years, has been: 686 (a) Prohibited, after notice and a hearing, from serving as 687 a third-party administrator for another program administrator 688 for program or contract violations in this state; or 689 (b) Found by a court of competent jurisdiction to have 690 substantially violated state or federal laws related to the 691 administration of ss. 163.081-163.086 or a similar program in 692 another jurisdiction. 693 (3) The program administrator must include in any contract 694 with the third-party administrator the right to perform annual 695 reviews of the administrator to confirm compliance with ss. 696 163.081-163.086, the ordinance or resolution adopted by the 697 county or municipality, and the contract with the program 698 administrator. If the program administrator finds that the 699 third-party administrator has committed a violation of ss. 700 163.081-163.086, the adopted ordinance or resolution, or the 701 contract with the program administrator, the program 702 administrator shall provide the third-party administrator with 703 notice of the violation and may, as set forth in the adopted 704 ordinance or resolution or the contract with the third-party 705 administrator: 706 (a) Place the third-party administrator in a probationary 707 status that places conditions for continued operations. 708 (b) Impose any fines or sanctions. 709 (c) Suspend the activity of the third-party administrator 710 for a period of time. 711 (d) Terminate the agreement with the third-party 712 administrator. 713 (4) A program administrator may terminate the agreement 714 with a third-party administrator, as set forth by the county or 715 municipality in its adopted ordinance or resolution or the 716 contract with the third-party administrator, if the program 717 administrator makes a finding that: 718 (a) The third-party administrator has violated the contract 719 with the program administrator. The contract may set forth 720 substantial violations that may result in contract termination 721 and other violations that may provide for a period of time for 722 correction before the contract may be terminated. 723 (b) The third-party administrator, or an officer, a 724 director, a manager or a managing member, or a control person of 725 the third-party administrator, has been found by a court of 726 competent jurisdiction to have violated state or federal laws 727 related to the administration a program authorized of the 728 provisions of ss. 163.081-163.086 or a similar program in 729 another jurisdiction within the last 5 years. 730 (c) Any officer, director, manager or managing member, or 731 control person of the third-party administrator has been 732 convicted of, or has entered a plea of guilty or nolo contendere 733 to, regardless of whether adjudication has been withheld, a 734 crime related to administration of a program authorized of the 735 provisions of ss. 163.081-163.086 or a similar program in 736 another jurisdiction within the last 10 years. 737 (d) An annual performance review reveals a substantial 738 violation or a pattern of violations by the third-party 739 administrator. 740 (5) Any recorded financing agreements at the time of 741 termination or suspension by the program administrator shall 742 continue, except any financing agreement for which the 743 provisions of s. 163.086 apply. 744 Section 6. Section 163.085, Florida Statutes, is created to 745 read: 746 163.085 Advertisement and solicitation for financing 747 qualifying improvements programs under s. 163.081 or s. 748 163.082.— 749 (1) When communicating with a property owner, a program 750 administrator, qualifying improvement contractor, or third-party 751 administrator may not: 752 (a) Suggest or imply: 753 1. That a non-ad valorem assessment authorized under s. 754 163.081 or s. 163.082 is a government assistance program; 755 2. That qualifying improvements are free or provided at no 756 cost, or that the financing related to a non-ad valorem 757 assessment authorized under s. 163.081 or s. 163.082 is free or 758 provided at no cost; or 759 3. That the financing of a qualifying improvement using the 760 program authorized pursuant to s. 163.081 or s. 163.082 does not 761 require repayment of the financial obligation. 762 (b) Make any representation as to the tax deductibility of 763 a non-ad valorem assessment. A program administrator, qualifying 764 improvement contractor, or third-party administrator may 765 encourage a property owner to seek the advice of a tax 766 professional regarding tax matters related to assessments. 767 (2) A program administrator or third-party administrator 768 may not provide to a qualifying improvement contractor any 769 information that discloses the amount of financing for which a 770 property owner is eligible for qualifying improvements or the 771 amount of equity in a residential property or commercial 772 property. 773 (3) A qualifying improvement contractor may not advertise 774 the availability of financing agreements for, or solicit program 775 participation on behalf of, the program administrator unless the 776 contractor is registered by the program administrator to 777 participate in the program and is in good standing with the 778 program administrator. 779 (4) A program administrator or third-party administrator 780 may not provide any payment, fee, or kickback to a qualifying 781 improvement contractor for referring property owners to the 782 program administrator or third-party administrator. However, a 783 program administrator or third-party administrator may provide 784 information to a qualifying improvement contractor to facilitate 785 the installation of a qualifying improvement for a property 786 owner. 787 (5) A program administrator or third-party administrator 788 may not reimburse a qualifying improvement contractor for its 789 expenses in advertising and marketing campaigns and materials. 790 (6) A qualifying improvement contractor may not provide a 791 different price for a qualifying improvement financed under s. 792 163.081 than the price that the qualifying improvement 793 contractor would otherwise provide if the qualifying improvement 794 was not being financed through a financing agreement. Any 795 contract between a property owner and a qualifying improvement 796 contractor must clearly state all pricing and cost provisions, 797 including any process for change orders which meet the 798 requirements of s. 163.081(3)(d). 799 (7) A program administrator, qualifying improvement 800 contractor, or third-party administrator may not provide any 801 direct cash payment or other thing of material value to a 802 property owner which is explicitly conditioned upon the property 803 owner entering into a financing agreement. However, a program 804 administrator or third-party administrator may offer programs or 805 promotions on a non-discriminatory basis that provide reduced 806 fees or interest rates if the reduced fees or interest rates are 807 reflected in the financing agreements and are not provided to 808 the property owner as cash consideration. 809 Section 7. Section 163.086, Florida Statutes, is created to 810 read: 811 163.086 Unenforceable financing agreements for qualifying 812 improvements programs under s. 163.081 or s. 163.082; 813 attachment; fraud.— 814 (1) A recorded financing agreement may not be removed from 815 attachment to a residential property or commercial property if 816 the property owner fraudulently obtained funding pursuant to s. 817 163.081 or s. 163.082. 818 (2) A financing agreement may not be enforced, and a 819 recorded financing agreement may be removed from attachment to a 820 residential property or commercial property and deemed null and 821 void, if: 822 (a) The property owner applied for, accepted, and canceled 823 a financing agreement within the 3-business-day period pursuant 824 to s. 163.081(6). A qualifying improvement contractor may not 825 begin work under a canceled contract. 826 (b) A person other than the property owner obtained the 827 recorded financing agreement. The court may enter an order which 828 holds that person or persons personally liable for the debt. 829 (c) The program administrator, third-party administrator, 830 or qualifying improvement contractor approved or obtained 831 funding through fraudulent means and in violation of ss. 832 163.081-163.085, or this section for qualifying improvements on 833 the residential property or commercial property. 834 (3) If a qualifying improvement contractor has initiated 835 work on residential property or commercial property under a 836 contract deemed unenforceable under this section, the qualifying 837 improvement contractor: 838 (a) May not receive compensation for that work under the 839 financing agreement. 840 (b) Must restore the residential property or commercial 841 property to its original condition at no cost to the property 842 owner. 843 (c) Must immediately return any funds, property, and other 844 consideration given by the property owner. If the property owner 845 provided any property and the qualifying improvement contractor 846 does not or cannot return it, the qualifying improvement 847 contractor must immediately return the fair market value of the 848 property or its value as designated in the contract, whichever 849 is greater. 850 (4) If the qualifying improvement contractor has delivered 851 chattel or fixtures to residential property or commercial 852 property pursuant to a contract deemed unenforceable under this 853 section, the qualifying improvement contractor has 90 days after 854 the date on which the contract was executed to retrieve the 855 chattel or fixtures, provided that: 856 (a) The qualifying improvement contractor has fulfilled the 857 requirements of paragraphs (3)(a) and (b). 858 (b) The chattel and fixtures can be removed at the 859 qualifying improvement contractor’s expense without damaging the 860 residential property or commercial property. 861 (5) If a qualifying improvement contractor fails to comply 862 with this section, the property owner may retain any chattel or 863 fixtures provided pursuant to a contract deemed unenforceable 864 under this section. 865 (6) A contract that is otherwise unenforceable under this 866 section remains enforceable if the property owner waives his or 867 her right to cancel the contract or cancels the financing 868 agreement pursuant to s. 163.081(6) or s. 163.082(6) but allows 869 the qualifying improvement contractor to proceed with the 870 installation of the qualifying improvement. 871 Section 8. Section 163.087, Florida Statutes, is created to 872 read: 873 163.087 Reporting for financing qualifying improvements 874 programs under s. 163.081 or s. 163.082.— 875 (1) Each program administrator that is authorized to 876 administer a program for financing qualifying improvements to 877 residential property or commercial property under s. 163.081 or 878 s. 163.082 shall post on its website an annual report within 45 879 days after the end of its fiscal year containing the following 880 information from the previous year for each program authorized 881 under s. 163.081 or s. 163.082: 882 (a) The number and types of qualifying improvements funded. 883 (b) The aggregate, average, and median dollar amounts of 884 annual non-ad valorem assessments and the total number of non-ad 885 valorem assessments collected pursuant to financing agreements 886 for qualifying improvements. 887 (c) The total number of defaulted non-ad valorem 888 assessments, including the total defaulted amount, the number 889 and dates of missed payments, and the total number of parcels in 890 default and the length of time in default. 891 (d) A summary of all reported complaints received by the 892 program administrator related to the program, including the 893 names of the third-party administrator, if applicable, and 894 qualifying improvement contractors and the resolution of each 895 complaint. 896 (2) The Auditor General must conduct an operational audit 897 of each program administrator authorized under s. 163.081 or s. 898 163.082, including any third-party administrators, for 899 compliance with the provisions of ss. 163.08-163.086 and any 900 adopted ordinance at least once every 3 years. The Auditor 901 General may stagger evaluations; however, every program must be 902 evaluated at least once by September 1, 2028. The Auditor 903 General shall adopt rules pursuant to s. 218.39 requiring each 904 program administrator to report whether it offers a program 905 authorized pursuant to s. 163.081 or s. 163.082, and other 906 pertinent information. Each program administrator and, if 907 applicable, third-party administrator, must post the most recent 908 report on its website. 909 Section 9. A current contract, agreement, authorization, or 910 interlocal agreement between a county or municipality and a 911 program administrator entered into before July 1, 2024, shall 912 continue without additional action by the county or 913 municipality. However, the program administrator must comply 914 with this act, and any contract, agreement, authorization, or 915 interlocal agreement must be amended to comply with this act. 916 Section 10. This act shall take effect July 1, 2024. 917 918 ================= T I T L E A M E N D M E N T ================ 919 And the title is amended as follows: 920 Delete everything before the enacting clause 921 and insert: 922 A bill to be entitled 923 An act relating to improvements to real property; 924 amending s. 163.08, F.S.; deleting provisions relating 925 to legislative findings and intent; defining terms and 926 revising definitions; creating s. 163.081, F.S.; 927 authorizing a program administrator to offer a program 928 for financing qualifying improvements for residential 929 property when authorized by a county or municipality; 930 requiring an authorized program administrator that 931 administers an authorized program to meet certain 932 requirements; authorizing a county or municipality to 933 enter into an interlocal agreement to implement a 934 program; authorizing a county or municipality to 935 deauthorize a program administrator through certain 936 measures; allowing a recorded financing agreement at 937 the time of deauthorization to continue, with an 938 exception; authorizing a program administrator to 939 contract with third-party administrators to implement 940 the program; authorizing a program administrator to 941 levy non-ad valorem assessments for a certain purpose; 942 providing for compensation for tax collectors for 943 actual costs incurred to collect non-ad valorem 944 assessments; authorizing a program administrator to 945 incur debt for the purpose of providing financing for 946 qualifying improvements; authorizing the owner of 947 record of the residential property to apply to the 948 program administrator to finance a qualifying 949 improvement; requiring the program administrator to 950 make certain findings before entering into a financing 951 agreement; requiring the program administrator to 952 ascertain certain financial information from the 953 property owner before entering into a financing 954 agreement; requiring certain documentation before the 955 financing agreement is approved and recorded; 956 requiring an advisement and notification for certain 957 qualifying improvements; requiring certain financing 958 agreement and contract provisions for change orders 959 under certain circumstances; prohibiting a financing 960 agreement from being entered into under certain 961 circumstances; requiring the program administrator to 962 provide certain information before a financing 963 agreement may be executed; requiring an oral, recorded 964 telephone call with the residential property owner to 965 confirm findings and disclosures before the approval 966 of a financing agreement; requiring the residential 967 property owner to provide written notice to the holder 968 or loan servicer of his or her intent to enter into a 969 financing agreement as well as other financial 970 information; requiring that proof of such notice be 971 provided to the program administrator; providing that 972 a certain acceleration provision in an agreement 973 between the residential property owner and mortgagor 974 or lienholder is unenforceable; providing that the 975 lienholder or loan servicer retains certain authority; 976 authorizing a residential property owner, under 977 certain circumstances and within a certain timeframe, 978 to cancel a financing agreement without financial 979 penalty; requiring recording of the financing 980 agreement in a specified timeframe; creating the 981 seller’s disclosure statements for properties offered 982 for sale which have assessments on them for qualifying 983 improvements; requiring the program administrator to 984 confirm that certain conditions are met before 985 disbursing final funds to a qualifying improvement 986 contractor for qualifying improvements on residential 987 property; requiring a program administrator to confirm 988 that the applicable work service has been completed or 989 the final permit for the qualifying improvement has 990 been closed and evidence of substantial completion of 991 construction or improvement has been issued; creating 992 s. 163.082, F.S.; authorizing a program administrator 993 to offer a program for financing qualifying 994 improvements for commercial property when authorized 995 by a county or municipality; requiring an authorized 996 program administrator that administers an authorized 997 program to meet certain requirements; authorizing a 998 county or municipality to enter into an interlocal 999 agreement to implement a program; authorizing a county 1000 or municipality to deauthorize a program administrator 1001 through certain measures; authorizing a recorded 1002 financing agreement at the time of deauthorization to 1003 continue, with an exception; authorizing a program 1004 administrator to contract with third-party 1005 administrators to implement the program; authorizing a 1006 program administrator to levy non-ad valorem 1007 assessments for a certain purpose; providing for 1008 compensation for tax collectors for actual costs 1009 incurred to collect non-ad valorem assessments; 1010 authorizing a program administrator to incur debt for 1011 the purpose of providing financing for qualifying 1012 improvements; authorizing the owner of record of the 1013 commercial property to apply to the program 1014 administrator to finance a qualifying improvement; 1015 requiring the program; requiring the program 1016 administrator to receive the written consent of 1017 current holders or loan servicers of certain mortgages 1018 encumbering or secured by commercial property; 1019 requiring a program administrator offering a program 1020 for financing qualifying improvements to commercial 1021 property to certain underwriting criteria; requiring 1022 the program administrator to make certain findings 1023 before entering into a financing agreement; requiring 1024 the program administrator to ascertain certain 1025 financial information from the property owner before 1026 entering into a financing agreement; requiring the 1027 program administrator to document and retain certain 1028 findings; requiring certain financing agreement and 1029 contract provisions for change orders under certain 1030 circumstances; prohibiting a financing agreement from 1031 being entered into under certain circumstances; 1032 requiring the program administrator to provide certain 1033 information before a financing agreement may be 1034 executed; requiring any financing agreement executed 1035 pursuant to this section be submitted for recording in 1036 the public records of the county where the commercial 1037 property is located in a specified timeframe; 1038 requiring that the recorded agreement provide 1039 constructive notice that the non-ad valorem assessment 1040 levied on the property is a lien of equal dignity; 1041 providing that a lien with a certain acceleration 1042 provision is unenforceable; creating the seller’s 1043 disclosure statements for properties offered for sale 1044 which have assessments on them for qualifying 1045 improvements; requiring the program administrator to 1046 confirm that certain conditions are met before 1047 disbursing final funds to a qualifying improvement 1048 contractor for qualifying improvements on commercial 1049 property; providing construction; creating s. 163.083, 1050 F.S.; requiring a county or municipality to establish 1051 or approve a process for the registration of a 1052 qualifying improvement contractor to install 1053 qualifying improvements; requiring certain conditions 1054 for a qualifying improvement contractor to participate 1055 in a program; prohibiting a third-party administrator 1056 from registering as a qualifying improvement 1057 contractor; requiring the program administrator to 1058 monitor qualifying improvement contractors, enforce 1059 certain penalties for a finding of violation, and post 1060 certain information online; creating s. 163.084, F.S.; 1061 authorizing the program administrator to contract with 1062 entities to administer an authorized program; 1063 providing certain requirements for a third-party 1064 administrator; prohibiting a program administrator 1065 from acting as a third-party administrator under 1066 certain circumstances; providing an exception; 1067 requiring the program administrator to include in its 1068 contract with the third-party administrator the right 1069 to perform annual reviews of the administrator; 1070 authorizing the program administrator to take certain 1071 actions if the program administrator finds that the 1072 third-party administrator has committed a violation of 1073 its contract; authorizing a program administrator to 1074 terminate an agreement with a third-party 1075 administrator under certain circumstances; providing 1076 for the continuation of certain financing agreements 1077 after the termination or suspension of the third-party 1078 administrator, with an exception; creating s. 163.085, 1079 F.S.; requiring that, in communicating with the 1080 property owner, the program administrator, qualifying 1081 improvement contractor, or third-party administrator 1082 comply with certain requirements; prohibiting the 1083 program administrator or third-party administrator 1084 from disclosing certain financing information to a 1085 qualifying improvement contractor; prohibiting a 1086 qualifying improvement contractor from making certain 1087 advertisements or solicitations; providing exceptions; 1088 prohibiting a program administrator or third-party 1089 administrator from providing certain payments, fees, 1090 or kickbacks to a qualifying improvement contractor; 1091 prohibiting a program administrator or third-party 1092 administrator from reimbursing a qualifying 1093 improvement contractor for certain expenses; 1094 prohibiting a qualifying improvement contractor from 1095 providing different prices for a qualifying 1096 improvement; requiring a contract between a property 1097 owner and a qualifying improvement contractor to 1098 include certain provisions; prohibiting a program 1099 administrator, qualifying improvement contractor, or 1100 third-party administrator from providing any cash 1101 payment or anything of material value to a property 1102 owner which is explicitly conditioned on a financing 1103 agreement; providing exceptions; creating s. 163.086, 1104 F.S.; prohibiting a recorded financing agreement from 1105 being removed from attachment to a property under 1106 certain circumstances; providing for the 1107 unenforceability of a financing agreement under 1108 certain circumstances; providing provisions for when a 1109 qualifying improvement contractor initiates work on an 1110 unenforceable contract; providing that a qualifying 1111 improvement contractor may retrieve chattel or 1112 fixtures delivered pursuant to an unenforceable 1113 contract if certain conditions are met; providing that 1114 an unenforceable contract will remain unenforceable 1115 under certain circumstances; creating s. 163.087, 1116 F.S.; requiring a program administrator authorized to 1117 administer a program for financing a qualifying 1118 improvement to post on its website an annual report; 1119 specifying requirements for the report; requiring the 1120 Auditor General to conduct an operational audit of 1121 each program administrator; requiring the Auditor 1122 General to adopt certain rules requiring certain 1123 reporting from the program administrator; requiring 1124 program administrators and, if applicable, third-party 1125 administrators to post the report on its website; 1126 providing that a contract, agreement, authorization, 1127 or interlocal agreement entered into before a certain 1128 date may continue without additional action by the 1129 county or municipality; requiring that the program 1130 administrator comply with the act and that any related 1131 contracts, agreements, authorizations, or interlocal 1132 agreements be amended to comply with the act; 1133 providing an effective date.