Florida 2022 Regular Session Status: In Committee Bipartisan · 4 R · 2 D cosponsors

SB 228 — Resiliency Energy Environment Florida Programs

Last action — Died on Calendar

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Resiliency Energy Environment Florida Programs; Providing that a property owner may apply to a Resiliency Energy Environment Florida (REEF) program for funding to finance a qualifying improvement and may enter into an assessment financing agreement with a local government; authorizing a local government to enter into an agreement with a program administrator to administer a REEF program on the local government’s behalf; specifying underwriting, financing estimate, disclosure, and confirmation requirements for program administrators relating to residential real property, etc.

Bill Text

What changed in the latest version

569 added · 557 removed

569 line(s) added, 557 removed.

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Florida Senate - 2022 SB 228 By Senator Rodriguez 39-00332A-22 2022228__ A bill to be entitled An act relating to Resiliency Energy Environment Florida programs;
Florida Senate - 2022 CS for SB 228 By the Committee on Finance and Tax;
and Senators Rodriguez, Burgess, Hutson, Gruters, and Hooper 593-01984-22 2022228c1 A bill to be entitled An act relating to Resiliency Energy Environment Florida programs;
authorizing local governments to enter into agreements with program administrators to administer REEF programs;
authorizing a local government to enter into an agreement with a program administrator to administer a REEF program on the local government’s behalf;
revising and specifying limitations on non-ad valorem assessments;
revising the calculation of non-ad valorem assessment limits;
prohibiting certain financing terms for residential real property;
prohibiting certain financing terms for residential Page 1 of 21 CODING:
specifying requirements Page 1 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ for, and certain prohibited acts by, program administrators relating to assessment financing agreements and contractors for qualifying improvements to residential real property;
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 real property;
specifying requirements for, and certain prohibited acts by, program administrators relating to assessment financing agreements and contractors for qualifying improvements to residential real property;
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ energy management programs that promote energy conservation, energy security, and the reduction of greenhouse gases.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 energy management programs that promote energy conservation, energy security, and the reduction of greenhouse gases.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ Further, the installation and operation of qualifying improvements not only benefit the affected properties for which the improvements are made, but also assist in fulfilling the goals of the state’s energy and hurricane mitigation policies.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 Further, the installation and operation of qualifying improvements not only benefit the affected properties for which the improvements are made, but also assist in fulfilling the goals of the state’s energy and hurricane mitigation policies.
(a) “Assessment financing agreement” means the financing agreement under a REEF program between a local government and a property owner for the acquisition or installation of qualifying improvements.
(a) “Assessment financing agreement” means the financing agreement, under a REEF program, between a local government and a property owner for the acquisition or installation of qualifying improvements.
(b) “Contractor” means an independent contractor who contracts with a property owner to install qualifying improvements on real property but who is not the owner of such property.
(b) “Government-leased property” means real property owned by a local government which has become subject to taxation due to lease of the property to a nongovernmental lessee.
(c) “Government-leased property” means real property owned by a local government which has become subject to taxation due to lease of the property to a nongovernmental lessee.
(c)(a) “Local government” means a county, a municipality, a dependent special district as defined in s.
Page 4 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ (d)(a) “Local government” means a county, a municipality, a dependent special district as defined in s.
(e) “Non-ad valorem assessment” or “assessment” has the same meaning as the term “non-ad valorem assessment” as defined in s.
(d) “Non-ad valorem assessment” or “assessment” has the Page 4 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 same meaning as the term “non-ad valorem assessment” as defined in s.
(f) “Nongovernmental lessee” means a person or an entity, other than a local government, which is the lessee of government-leased property.
(e) “Nongovernmental lessee” means a person or an entity, other than a local government, which is the lessee of government-leased property.
(g) “Nonresidential real property” means any property not defined as residential real property and which will be or has been improved by a qualifying improvement.
(f) “Nonresidential real property” means any property not defined as residential real property and which will be or has been improved by a qualifying improvement.
(h) “Program administrator” means an entity, including, but not limited to, a for-profit or not-for-profit entity, with which a local government contracts to administer a REEF program.
(g) “Program administrator” means an entity, including, but not limited to, a for-profit or not-for-profit entity, with which a local government may contract to administer a REEF program.
(i)(b) “Qualifying improvement” includes any:
(h)(b) “Qualifying improvement” includes any:
installation of energy- Page 5 of 21 CODING:
installation of energy- efficient heating, cooling, or ventilation systems;
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ efficient heating, cooling, or ventilation systems;
installation of energy controls or energy recovery systems;
installation of energy controls or energy recovery Page 5 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 systems;
(j) “Residential real property” means a residential real property composed of four or fewer dwelling units which is or will be improved by a qualifying improvement.
(i) “Residential real property” means a residential real property composed of four or fewer dwelling units which has been or will be improved by a qualifying improvement.
(k) “Resiliency Energy Environment Florida (REEF) program” means a program established by a local government, alone or in partnership with other local governments or a program administrator, to finance qualifying improvements on nonresidential real property or residential real property.
(j) “Resiliency Energy Environment Florida (REEF) program” means a program established by a local government, alone or in partnership with other local governments or a program administrator, to finance qualifying improvements on nonresidential real property or residential real property.
(4) Subject to local government ordinance or resolution, a Page 6 of 21 CODING:
(4) Subject to local government ordinance or resolution, a property owner may apply to the REEF program local government for funding to finance a qualifying improvement and enter into an assessment a financing agreement with the local government.
Page 6 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ property owner may apply to the REEF program local government for funding to finance a qualifying improvement and enter into an assessment a financing agreement with the local government.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 Costs incurred by the REEF program local government for such purpose may be collected as a non-ad valorem assessment.
Costs incurred by the REEF program local government for such purpose may be collected as a non-ad valorem assessment.
(6) A local government may enter into an agreement with a program administrator to administer a REEF program A qualifying improvement program may be administered by a for-profit entity or a not-for-profit organization on behalf of and at the discretion of the local government.
(6) A local government may enter into an agreement with a program administrator to administer a REEF program on behalf of the local government A qualifying improvement program may be administered by a for-profit entity or a not-for-profit organization on behalf of and at the discretion of the local government.
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Page 7 of 21 CODING:
Any assessment financing agreement entered into pursuant to this section or a summary memorandum of such agreement shall be Page 7 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ Any assessment financing agreement entered into pursuant to this section or a summary memorandum of such agreement shall be submitted for recording recorded in the public records of the county within which the property is located by the sponsoring unit of local government within 5 days after execution of the agreement.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 submitted for recording recorded in the public records of the county within which the property is located by the sponsoring unit of local government within 5 days after execution of the agreement.
(9) Before entering into an assessment a financing agreement, the local government, or the program administrator acting on its behalf, shall reasonably determine that:
(9) Before entering into an assessment a financing agreement, the local government, or the program administrator acting on its behalf, shall reasonably determine that all of the following conditions are met:
(a) All property taxes and any other assessments levied on the same bill as property taxes are current paid and have not been delinquent for more than 30 days for the preceding 3 years or the property owner’s period of ownership, whichever is less;
(a) All property taxes and any other assessments levied on the same bill as property taxes are current paid and have not been delinquent for more than 30 days for the preceding 3 years or the property owner’s period of ownership, whichever is less.;
(b) that There are no involuntary liens greater than $1,000, including, but not limited to, construction liens on the property;
(b) that There are no involuntary liens greater than $1,000, including, but not limited to, construction liens on the property.;
(c) that No notices of default or other evidence of property-based debt delinquency have been recorded and not released during the preceding 3 years or the property owner’s period of ownership, whichever is less;
(c) that No notices of default or other evidence of property-based debt delinquency have been recorded and not released during the preceding 3 years or the property owner’s period of ownership, whichever is less.;
(d) The local government or program administrator has asked Page 8 of 21 CODING:
(d) The local government or program administrator has asked the property owner whether any other assessments under this Page 8 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ the property owner whether any other assessments under this section have been recorded or have been funded and not yet recorded on the property.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 section have been recorded or have been funded and not yet recorded on the property.
The failure of a property owner to disclose information set forth in this paragraph does not invalidate an assessment financing agreement or any obligation thereunder, even if the total financed amount of the qualifying improvements exceeds the amount that would otherwise be authorized under paragraph (12)(a);
The failure of a property owner to disclose information set forth in this paragraph does not invalidate an assessment financing agreement or any obligation thereunder, even if the total financed amount of the qualifying improvements exceeds the amount that would otherwise be authorized under paragraph (12)(a).
(e) and that The property owner is current on all mortgage debt on the property;
(e) and that The property owner is current on all mortgage debt on the property.
and (f) If the property is residential real property, it is not subject to an existing home equity conversion mortgage or reverse mortgage product or is not currently a residential property gifted to a homeowner by a nonprofit entity.
(f) The residential property is not subject to an existing home equity conversion mortgage or reverse mortgage product.
This paragraph does not apply to nonresidential real properties.
(g) The property is not currently a residential property gifted to a homeowner for free by a nonprofit entity as may be disclosed by the property owner.
The failure of a property owner to disclose information set forth in this paragraph does not invalidate an assessment financing agreement or any obligation thereunder.
This paragraph does not apply to nonresidential real properties.
An assessment financing agreement may between a local government and a qualifying property owner may not cover qualifying wind- resistance improvements on nonresidential real property or residential real property in buildings or facilities under new construction or construction for which a certificate of occupancy or similar evidence of substantial completion of new construction or improvement has not been issued.
An assessment financing agreement may between a local government and a qualifying property owner may not cover qualifying wind- resistance improvements on nonresidential real property under new construction or residential real property in buildings or Page 9 of 21 CODING:
(12)(a) Without the consent of the holders or loan servicers of any mortgage encumbering or otherwise secured by Page 9 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ the property, the total amount of any non-ad valorem assessment for a property under this section may not exceed 20 percent of the fair market just value of the real property as determined by the county property appraiser.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 facilities under new construction or construction for which a certificate of occupancy or similar evidence of substantial completion of new construction or improvement has not been issued.
(12)(a) Without the consent of the holders or loan servicers of any mortgage encumbering or otherwise secured by the property, the total amount of any non-ad valorem assessment for a property under this section may not exceed 20 percent of the fair market just value of the real property as determined by the county property appraiser.
(b) Notwithstanding paragraph (a), a non-ad valorem assessment for a qualifying improvement defined in subparagraph (2)(i)1.
For purposes of this paragraph, fair market value may be determined using reputable third parties.
(b) Notwithstanding paragraph (a), a non-ad valorem assessment for a qualifying improvement defined in subparagraph (2)(h)1.
or subparagraph (2)(i)2.
or subparagraph (2)(h)2.
(13) At least 30 days before entering into an assessment a financing agreement, the property owner shall provide to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the property a notice of the owner’s intent to enter into an assessment a financing agreement together with the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount.
(13) At least 30 days before entering into an assessment a financing agreement, the property owner shall provide to the Page 10 of 21 CODING:
A verified copy or other proof of such notice shall be provided to the local government or program administrator.
A provision in Page 10 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ any agreement between a mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding upon a property owner, which allows for acceleration of payment of the mortgage, note, or lien or other unilateral modification solely as a result of entering into an assessment a financing agreement as provided for in this section is not enforceable.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 holders or loan servicers of any existing mortgages encumbering or otherwise secured by the property a notice of the owner’s intent to enter into an assessment a financing agreement together with the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount.
A verified copy or other proof of such notice shall be provided to the local government.
A provision in any agreement between a mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding upon a property owner, which allows for acceleration of payment of the mortgage, note, or lien or other unilateral modification solely as a result of entering into an assessment a financing agreement as provided for in this section is not enforceable.
The assessment is for a qualifying improvement to the property relating to energy efficiency, renewable energy, or wind resistance, and is not based on the value of property.
Page 11 of 21 CODING:
You are encouraged to contact the county property appraiser’s office to learn more about this and other assessments that may be provided by Page 11 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ law.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 The assessment is for a qualifying improvement to the property relating to energy efficiency, renewable energy, or wind resistance, and is not based on the value of property.
You are encouraged to contact the county property appraiser’s office to learn more about this and other assessments that may be provided by law.
(17) Prior to or contemporaneously with a property owner signing an assessment financing agreement on a residential real property, the program administrator shall provide a financing estimate and disclosure to the residential real property owner which includes all of the following:
(17) Prior to or contemporaneously with a property owner signing an assessment financing agreement on a residential real Page 12 of 21 CODING:
(a) The total amount estimated to be funded, including the cost of the qualifying improvements, program fees, and capitalized interest, if any.
Page 12 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ (b) The estimated annual assessment.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 property, the program administrator shall provide a financing estimate and disclosure to the residential real property owner which includes all of the following:
(a) The total amount estimated to be funded, including the cost of the qualifying improvements, program fees, and capitalized interest, if any.
(b) The estimated annual assessment.
(18) Before a notice to proceed is issued on residential real property, the program administrator shall conduct with the residential real property owner or an authorized representative an oral, recorded telephone call during which the program administrator shall use plain language.
(18) Before a notice to proceed is issued on residential real property, the program administrator shall conduct with the residential real property owner or an authorized representative an oral, recorded telephone call.
The program administrator shall ask the residential real property owner if he or she would like to communicate primarily in a language other than English.
The program administrator shall ask the residential real property owner if he or she would Page 13 of 21 CODING:
A program administrator may not leave a voicemail to the residential real property owner to satisfy this requirement.
A program administrator, as part of such telephone call, shall confirm all of the following with the residential Page 13 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ real property owner:
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 like to communicate primarily in a language other than English.
A program administrator may not leave a voicemail to the residential real property owner to satisfy this requirement.
A program administrator, as part of such telephone call, shall confirm all of the following with the residential real property owner:
(h) That the residential real property owner has disclosed whether the property has received, or the owner is seeking, additional assessments funded under this section and that the owner has disclosed all other assessments funded under this section which are or are about to be placed on the property.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ (i) That the property will be subject to a lien during the term of the assessment financing agreement and that the obligations under the agreement may be required to be paid in full before the residential real property owner sells or refinances the property.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 (h) That the residential real property owner has disclosed whether the property has received, or the owner is seeking, additional assessments funded under this section and that the owner has disclosed all other assessments funded under this section which are or are about to be placed on the property.
(i) That the property will be subject to a lien during the term of the assessment financing agreement and that the obligations under the agreement may be required to be paid in full before the residential real property owner sells or refinances the property.
(19) A residential real property owner may cancel an assessment financing agreement within 3 business days after signing the assessment financing agreement without any financial penalty for doing so.
(19) A residential real property owner may cancel an assessment financing agreement within 3 business days after signing the assessment financing agreement without any financial penalty from the program administrator for doing so.
(20) The term of an assessment financing agreement on residential real property may not exceed:
(20) The term of an assessment financing agreement on residential real property may not exceed the lesser of:
or (b) Either the weighted average estimated useful life of all qualifying improvements being financed or the estimated useful life of the qualifying improvements to which the greatest portion of funds is disbursed.
or (b) The greater of either the weighted average estimated useful life of all qualifying improvements being financed or the estimated useful life of the qualifying improvements to which the greatest portion of funds is disbursed.
(21) An assessment financing agreement authorized under this section on residential real property may not include any of the following financing terms:
(a) A negative amortization schedule.
(b) A balloon payment.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ (c) Prepayment fees, other than nominal administrative costs.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 (21) An assessment financing agreement authorized under this section on residential real property may not include any of the following financing terms:
(a) A negative amortization schedule.
Capitalized interest included in the original balance of the assessment financing agreement does not constitute negative amortization.
(b) A balloon payment.
(c) Prepayment fees, other than nominal administrative costs.
The program administrator makes a reasonable effort to determine that the contractor maintains in good standing an appropriate license from the state, if applicable, as well as any other permit, license, or registration required for engaging in business in the jurisdiction in which he or she operates and that the contractor maintains all state-required bond and insurance coverage;
The program administrator makes a reasonable effort to review that the contractor maintains in good standing an appropriate license from the state, if applicable, as well as any other permit, license, or registration required for engaging in business in the jurisdiction in which he or she operates and that the contractor maintains all state-required bond and insurance coverage;
2.
Page 16 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 2.
A program administrator may rely on a background check conducted by the Construction Industry Licensing Board within the Department of Business and Professional Regulation to comply with this requirement.
Page 16 of 21 CODING:
(c) A program administrator may pay or reimburse contractors for any expense allowable under applicable state law and not otherwise prohibited under this section, including, but not limited to, marketing, training, and promotions.
Words stricken are deletions;
(23)(a) Before disbursing funds to a contractor for a qualifying improvement on residential real property, a program administrator must first confirm that the applicable work or service has been completed through any of the following:
words underlined are additions.
1.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ (23)(a) Before disbursing funds to a contractor for a qualifying improvement on residential real property, a program administrator must first confirm that the applicable work or service has been completed, either through a written certification from the property owner, a recorded telephone call with the property owner, review of geo-stamped and time-stamped photographs, review of a final permit, or a site inspection through third-party means.
A written certification from the property owner;
2.
A recorded telephone call with the property owner;
3.
A review of geotagged and time-stamped photographs;
4.
A review of a final permit;
or 5.
A site inspection through third-party means.
or 3.
or Page 17 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 3.
A program administrator or contractor may encourage a property owner to seek the advice of a tax professional regarding tax matters related to assessments.
A program administrator may encourage a property owner to seek the advice of a tax professional regarding tax matters related to assessments.
(25) A contractor should not present a higher price for a Page 17 of 21 CODING:
(25) A contractor should not present a higher price for a qualifying improvement on residential real property financed by an assessment financing agreement than the contractor would otherwise reasonably present if the qualifying improvement was not being financed through an assessment financing agreement.
(26) A program administrator shall use appropriate methodologies or technologies to identify and verify the identity of the residential real property owner who executes an assessment financing agreement.
(27) A program administrator may not provide a contractor with any payment, fee, or kickback in exchange for referring assessment financing business relating to a specific assessment financing agreement on residential real property.
(28) A program administrator shall develop and implement policies and procedures for responding to, tracking, and helping to resolve questions and property owner complaints as soon as reasonably practicable.
(29) A program administrator shall maintain a process for monitoring enrolled contractors that contract with residential real property owners to install qualifying improvements with regard to performance and compliance with program policies and Page 18 of 21 CODING:
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ qualifying improvement on residential real property financed by an assessment financing agreement than the contractor would otherwise reasonably present if the qualifying improvement was not being financed through an assessment financing agreement.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 shall implement policies for suspending and terminating enrolled contractors based on violations of program policies or unscrupulous behavior.
(26) A program administrator shall use appropriate methodologies or technologies to identify and verify the identity of the residential real property owners who execute an assessment financing agreement.
(27) A program administrator may not provide a contractor with any payment, fee, or kickback in exchange for referring assessment financing business relating to a specific assessment financing agreement.
(28) A program administrator shall develop and implement policies and procedures for responding, tracking, and timely helping to resolve questions and property owner complaints as soon as reasonably practicable.
(29) A program administrator shall maintain a process for monitoring contractors that contract with residential real property owners to install qualifying improvements with regard to performance and compliance with program policies and shall implement policies for suspending and terminating contractors based on violations of program policies or unscrupulous behavior.
Page 18 of 21 CODING:
163.01(7) which it has contracted with to administer a REEF program and shall include information and data related to the following:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ 163.01(7) which it has contracted with to administer a REEF program and shall include information and data related to the following:
(b) Of the total number of complaints received associated with project funding in the report year:
(b) Of the total number of property owner complaints received associated with project funding in the report year:
which were resolved and the number and percentage of complaints that were not resolved.
which were resolved and the number and percentage of property owner complaints that were not resolved.
(c) The percentage of complaints in subparagraphs (b)1., 2., and 3.
(c) The percentage of property owner complaints in subparagraphs (b)1., 2., and 3.
expressed as a total of all projects funded in the report year.
expressed as a total of all Page 19 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 projects funded in the report year.
Page 19 of 21 CODING:
(b) The assessment financing agreement must provide that the nongovernmental lessee is the only party obligated to pay the assessment.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ (b) The assessment financing agreement must provide that the nongovernmental lessee is the only party obligated to pay the assessment.
(f) The term of the assessment financing agreement on government-leased property may not exceed:
(f) The term of the assessment financing agreement on government-leased property may not exceed the lesser of:
The remaining term of the lease on the government-leased property;
The remaining term of the lease on the government-leased Page 20 of 21 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 CS for SB 228 593-01984-22 2022228c1 property;
Either the weighted average estimated useful life of all qualifying improvements being financed or the estimated useful life of the qualifying improvements to which the greatest portion of funds is disbursed.
The greater of either the weighted average estimated useful life of all qualifying improvements being financed or the estimated useful life of the qualifying improvements to which the greatest portion of funds is disbursed.
and Page 20 of 21 CODING:
and 2.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2022 SB 228 39-00332A-22 2022228__ 2.
Subsections (16) through (30) do not apply with respect to a local government or to nonresidential real property.
Subsections (16) through (30) do not apply with respect to a local government, to residential property owned by a local government, or to nonresidential real property.
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes a Resiliency Energy Environment Florida (REEF) program for financing qualifying improvements to real property, with specific provisions for assessment financing agreements and local government administration.

  • 163.08

    present subsection (16) → subsection (33)

    The existing subsection (16) is now numbered as subsection (33).

  • 163.08

    the term “non-ad valorem assessment” or “assessment” has the same meaning as the term “non-ad valorem assessment” as defined in s. 197.3632(1)

    The definition of non-ad valorem assessment is now specified to align with existing statutes.

  • 163.08

    may enter into an assessment a financing agreement with the local government. → may enter into an assessment financing agreement with the local government.

    Corrects the phrasing of the ability of property owners to enter agreements with local governments.

  • 163.08

    collecting as a non-ad valorem assessment. → collected as a non-ad valorem assessment.

    Clarifies the language regarding how costs are collected.

  • 163.08

    A non-ad valorem assessment shall be collected pursuant to s. 197.3632 → A non-ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment.

    Establishes that non-ad valorem assessments collected are not eligible for early payment discounts.

  • 163.08

    The Legislature finds that all energy-consuming-improved properties

    Establishes findings related to energy consumption and its burden on properties.

  • 163.08

    the term “assessment financing agreement” means the financing → “Assessment financing agreement” means the financing agreement, under a REEF program, between a local government and a property owner for the acquisition or installation of qualifying improvements.

    Defines the term 'assessment financing agreement' more clearly as part of the REEF program.

  • 163.08

    the term “government-leased property” means real property owned → “Government-leased property” means real property owned by a local government which has become subject to taxation due to lease of the property to a nongovernmental lessee.

    Clarifies the definition of 'government-leased property' for better understanding of its taxation.

Action History

  1. Died on Calendar

  2. Indefinitely postponed and withdrawn from consideration

  3. Placed on Calendar, on 2nd reading

  4. Favorable by- Rules; YEAS 15 NAYS 1

  5. On Committee agenda-- Rules, 03/01/22, 1:30 pm, 412 Knott Building

  6. Now in Rules

  7. Remaining references corrected to Rules

  8. Original reference(s) removed: Appropriations

  9. CS by Finance and Tax read 1st time

  10. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  11. CS by Finance and Tax; YEAS 7 NAYS 0

  12. Introduced

  13. On Committee agenda-- Finance and Tax, 01/13/22, 9:00 am, 110 Senate Building

  14. Now in Finance and Tax

  15. Favorable by Community Affairs; YEAS 8 NAYS 0

  16. On Committee agenda-- Community Affairs, 11/03/21, 8:30 am, 37 Senate Building

  17. Referred to Community Affairs; Finance and Tax; Appropriations

  18. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 7 co-sponsors · 155 not signed on

Sponsors (2)

Co-sponsors (7)

Not signed on (155)

155 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable

Passed 15 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10100
Republican 5001
Total 15101
% of votes cast 88%6%0%6%
How each member voted (17)
Member Party Vote
Baxley — Yea
Bean — Yea
Book — Yea
Bracy — Yea
Diaz — Yea
Farmer — Yea
Gibson — Yea
Hutson — Yea
Powell — Yea
Stargel — Yea
Brandes — Nay
Albritton, Ben Republican Not Voting
Boyd, Jim Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 228 do?
Resiliency Energy Environment Florida Programs; Providing that a property owner may apply to a Resiliency Energy Environment Florida (REEF) program for funding to finance a qualifying improvement and may enter into an assessment financing agreement with a local government; authorizing a local government to enter into an agreement with a program administrator to administer a REEF program on the local government’s behalf; specifying underwriting, financing estimate, disclosure, and confirmation requirements for program administrators relating to residential real property, etc.
Who sponsors SB 228?
SB 228 is sponsored by Finance and Tax, Burgess, Danny (Republican), Hutson, Gruters, Joe (Republican), Hooper, Ed (Republican), Rodrigues, Jones, Shevrin D. "Shev" (Democrat), Polsky, Tina Scott (Democrat), and Rodriguez, Ana Maria (Republican).
What is the current status of SB 228?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 228?
Track SB 228 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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