SB 770 — Improvements to Real Property

Replacing windows or doors, including garage doors, with energy-efficient,energy-efficient impact-resistant, wind-resistant, or hurricane windows or doorsdoors. or installing storm shutters.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 5.

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9.

Providing a renewable energy improvement, including the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses solar, geothermal, bioenergy, wind, or hydrogen.

or d.

Reinforcing roof-to-wall connections;connections.

or e.

Providing flood and water damage mitigation and resiliency improvements, prioritizing repairs, replacement, or improvements that qualify for reductions in flood insurance Pagepremiums, 8including ofraising 37a CODING:structure above the base flood elevation to reduce flood damage;

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 premiums, including raising a structure above the base flood elevation to reduce flood damage;

or making any other improvements necessary to achieve a sustainable building rating orPage compliance8 withof a36 nationalCODING: model resiliency standard and any improvements to a structure to achieve wind or flood insurance rate reductions, including building elevation.

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Florida Senate - 2024 CS for SB 770 578-02372-24 2024770c1 or compliance with a national model resiliency standard and any improvements to a structure to achieve wind or flood insurance rate reductions, including building elevation.

Energy conservation and efficiency improvements, which are measures to reduce consumption through efficient use or conservation of electricity, natural gas, propane, or other formsformers of energy, including but not limited to, air sealing;

Renewable energy improvements, includingwhich is the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses solar, geothermal, bioenergy, wind, or hydrogen.

(7) “Qualifying improvement contractor” means a licensed or Pageregistered 9contractor ofwho 37has CODING:been registered to participate by a program administrator pursuant to s.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 registered contractor who has been registered to participate by a program administrator pursuant to s.

(8) “Residential property” means real property zoned as residentialPage or9 multifamily residential and composed of four36 orCODING: fewer dwelling units.

(9)Words “Third-partystricken administrator”are meansdeletions; an entity under contract with a program administrator pursuant to s.

163.084words tounderlined administerare aadditions. program authorized by a county or municipality pursuant to s.

163.081Florida Senate - 2024 CS for SB 770 578-02372-24 2024770c1 residential or s.multifamily residential and composed of four or fewer dwelling units.

163.082 on behalf of and at the discretion of the program administrator.

(b) Pursuant to this section or as otherwise provided by law or pursuant to a county’s or municipality’s home rule power, a county or municipality may enter into an interlocal agreement Pageproviding 10for a partnership between one or more local governments for the purpose of 37facilitating CODING:a program to finance qualifying improvements to residential property located within the jurisdiction of the local governments party to the agreement.

WordsA strickenprogram areadministrator deletions;may contract with one or more third-party administrators to implement the program as provided in s.

words underlined are additions.

Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 providing for a partnership between one or more local governments for the purpose of facilitating a program to finance qualifying improvements to residential property located within the jurisdiction of the local governments that are party to the agreement.

(c) An authorized program administrator may contract with one or more third-party administrators to implement the program as provided in s.

(d)(b) An authorized program administrator may levy non-ad valorem assessments to facilitate repayment of financing qualifying improvements.

A non-ad valorem assessment shall be collectedPage pursuant10 toof s.36 CODING:

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Florida Senate - 2024 CS for SB 770 578-02372-24 2024770c1 collected pursuant to s.

The(c) A program administrator shallmay onlyincur compensatedebt for the taxpurpose collectorof providing financing for thequalifying actualimprovements, costwhich ofdebt collectingis non-adpayable valoremfrom assessments,revenues notreceived tofrom exceedthe 2improved percentproperty ofor theany amountother collectedavailable andrevenue remitted.source authorized by law.

(e) A program administrator may incur debt for the purpose of providing financing for qualifying improvements, which debt Page 11 of 37 CODING:

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 is payable from revenues received from the improved property or any other available revenue source authorized by law.

(3) FINANCING AGREEMENTS.— (a) Before entering into a financing agreement, the program administrator must makereview each of the followingresidential findingsproperty basedowner’s on a review of public records derived from a commercially accepted source and the property owner’s statements, records, and credit reports:reports and make each of the following findings:

The total amount of any non-ad valorem assessment for a residential property under this section does not exceed 20 percentPage of11 the just value of the36 propertyCODING: as determined by the property appraiser.

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Florida Senate - 2024 CS for SB 770 578-02372-24 2024770c1 percent of the just value of the property as determined by the property appraiser.

Capitalized interest included in the original balance of the assessment Pagefinancing 12agreement ofdoes 37not CODING:constitute negative amortization.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 financing agreement does not constitute negative amortization.

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Florida Senate - 2024 CS for SB 770 578-02372-24 2024770c1 9.

The program administrator shall determine the useful life of a Pagequalifying 13improvement ofusing 37established CODING:standards, including certification criteria from government agencies or nationally recognized standards and testing organizations.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 qualifying improvement using established standards, including certification criteria from government agencies or nationally recognized standards and testing organizations.

If the qualifying improvement is forestimated the conversion of an onsite sewage treatment and disposal system to acost central$5,000 sewerageor system,more, the property owner has utilizedobtained allestimates availablefrom localat governmentleast fundingtwo forunaffiliated, suchregistered conversionsqualifying andimprovement iscontractors unable to obtain financing for the qualifying improvement on more favorable terms through a local government program designed to supportbe suchfinanced. conversions.

(b) Before entering into a financing agreement, the programproperty administrator must determine if there are any current financing agreements on the residential property and if the propertyPage owner13 hasof obtained36 orCODING: sought to obtain additional qualifying improvements on the same property which have not yet been recorded.

The existence of a prior qualifying improvement non-ad valorem assessment or a prior financing agreement is not evidence that the financing agreement under consideration is affordable or meets other program requirements.

(c) Findings satisfying paragraphs (a) and (b) must be documented, including supporting evidence relied upon, and provided to the property owner prior to a financing agreement being approved and recorded.

The program administrator must Page 14 of 37 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 retainproperty theowner documentationhas forobtained theor durationsought ofto obtain additional qualifying improvements on the financingsame agreement.property which have not yet been recorded.

(d)The Iffailure theto qualifyingdisclose improvementinformation isrelated estimated to costnot $10,000yet orrecorded more,financing beforeagreements enteringdoes intonot invalidate a financing agreement theor programany administratorobligation mustthereunder, adviseeven theif property owner in writing that the besttotal practicefinanced isamount toof obtain estimates from more than one unaffiliated, registered qualifying improvement contractors for the qualifying improvement andexceeds notify the propertyamount ownerthat inwould writingotherwise ofbe theauthorized advertisingunder andthis solicitationsection. requirements of s.

163.085.The existence of a prior qualifying improvement non-ad valorem assessment or a prior financing agreement is not evidence that the financing agreement under consideration is affordable or meets other program requirements.

(e)(c) AFindings propertysatisfying ownerparagraphs (a) and the(b) programmust administratorbe maydocumented, agreeincluding tosupporting includeevidence inrelied theupon, financingand agreementprovided provisionsto forthe allowingproperty changeowner ordersprior necessary to completea thefinancing qualifyingagreement improvement.being approved and recorded.

(d) A property owner and the program administrator may agree to include in the financing agreement provisions for allowing change orders necessary to complete the qualifying improvement.

If a proposed change order on a qualifying improvement will significantly increase the original cost of the qualifying improvement by 20 percent or moresignificantly or will expand the scope of the qualifying improvementimprovement, by more than 20 percent, before the change order may be executed which would result in an increase in the amount financed through the program administrator for the qualifying improvement, the program administrator must notify the property owner, provide an updated written disclosure form as described in subsection (4) to the property owner, and obtain written approvalPage 14 of the36 changeCODING: from the property owner.

(f) A financing agreement may not be entered into if the total cost of the qualifying improvement, including program fees and interest, is less than $2,500.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 (g)approval A financing agreement may not be entered into for qualifying improvements in buildings or facilities under new construction or construction for which a certificate of occupancythe orchange similarfrom evidencethe ofproperty substantialowner. completion of new construction or improvement has not been issued.

(4)(e) DISCLOSURES.—A (a) In addition to the requirements in subsection (3), a financing agreement may not be approvedentered unlessinto theif program administrator first provides, including via electronic means, a written financing estimate and disclosure to the propertytotal ownercost which includes all of the following,qualifying eachimprovement, ofincluding whichprogram mustfees beand individuallyinterest, acknowledgedis inless writingthan by$2,500. the property owner:

(f) A financing agreement may not be entered into for qualifying improvements 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.

(4) DISCLOSURES.— (a) In addition to the requirements in subsection (3), a financing agreement may not be approved unless the program administrator first provides, including via electronic means, a written financing estimate and disclosure to the property owner which includes all of the following:

The total estimated average monthly equivalent amount of funds that would need to be saved in order to pay the annual costsPage 15 of the36 non-adCODING: valorem assessment, including program fees;

8.

The estimated due date of the first payment that includes the non-ad valorem assessment;

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 9.costs of the non-ad valorem assessment, including program fees;

A8. disclosure that the financing agreement may be canceled within 3 business days after signing the financing agreement without any financial penalty for doing so;

The estimated due date of the first payment that includes the non-ad valorem assessment;

9.

A disclosure that the financing agreement may be canceled within 5 business days after signing the financing agreement without any financial penalty for doing so;

(b) Prior to the financing agreement being approved, the program administrator must conduct an oral, recorded telephone callPage with16 theof property36 ownerCODING: during which the program administrator must confirm each finding or disclosure required in subsection (3) and this section.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 (5)call NOTICEwith TO LIENHOLDERS AND SERVICERS.—At least 5 business days before entering into a financing agreement, the property owner mustduring providewhich to the holdersprogram oradministrator loanmust servicersconfirm ofeach anyfinding existing mortgages encumbering or otherwisedisclosure securedrequired byin thesubsection residential(3) property a written notice of the owner’s intent to enter into a financing agreement together with the maximum amount to be financed, including the amount of any fees and interest,this andsection. the maximum annual assessment necessary to repay the total.

(5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 30 days before entering into a financing agreement, the property owner must provide to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the residential property a written notice of the owner’s intent to enter into a financing agreement together with the maximum amount to be financed, including the amount of any fees and interest, and the maximum annual assessment necessary to repay the total.

(6) CANCELLATION.—A property owner may cancel a financing agreement on a form established by the program administrator within 35 business days after signing the financing agreement without any financial penalty for doing so.

(7) RECORDING.—Any financing agreement approved and entered into pursuant to this section, or a summary memorandum of such agreement, shall be submitted for recording in the public records of the county within which the residential property is located by the program administrator within 10 business days after execution of the agreement and the 3-day cancelation Page 1817 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 period.records of the county within which the residential property is located by the program administrator within 10 business days after execution of the agreement.

(9) DISBURSEMENTS.—Before disbursing final funds to a qualifying improvement contractor for a qualifying improvement on residential property, the program administrator shall confirm Page 1918 of 3736 CODING:

Florida Senate - 2024 CS for CSSB 770 578-02372-24 2024770c1 qualifying improvement contractor for SBa 770qualifying 594-02696-24improvement 2024770c2on residential property, the program administrator shall confirm that the applicable work or service has been completed or, as applicable, that the final permit for the qualifying improvement has been closed with all permit requirements satisfied or a certificate of occupancy or similar evidence of substantial completion of construction or improvement has been issued.

163.082 Financing qualifying improvements to commercial property.— (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.— (a) A program administrator may only offer a program for financing qualifying improvements to commercial property within the jurisdiction of a county or municipality if the county or municipality has authorized by ordinance or resolution the program administrator to administer the program for financing qualifying improvementsimprovements. to commercial property.

(b) Pursuant to this section or as otherwise provided by law or pursuant to a county’s or municipality’s home rule power, a county or municipality may enter into an interlocal agreement providing for a partnership between one or more local governments for the purpose of facilitating a program for financing qualifying improvements to commercial property located within the jurisdiction of the local governments that are party Page 2019 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 jurisdiction of the local governments party to the agreement.

(c) A program administrator may contract with one or more third-party administrators to implement the program as provided in s.

(d)(b) An authorized program administrator may levy non-ad valorem assessments to facilitate repayment of financing or refinancing qualifying improvements.

The(c) A program administrator shallmay onlyincur compensatedebt for the taxpurpose collectorof providing financing for thequalifying actualimprovements, costwhich ofdebt collectingis non-adpayable valoremfrom assessments,revenues notreceived tofrom exceedthe 2improved percentproperty ofor theany amountother collectedavailable andrevenue remitted.source authorized by law.

(e)(2) AAPPLICATION.—The programowner administratorof mayrecord incurof debtthe forcommercial property within the purposejurisdiction of providingthe financingauthorized forprogram qualifyingmay improvements,apply whichto debtthe isprogram payableadministrator fromto revenuesfinance receiveda fromqualifying theimprovement improvedand propertyenter orinto anya otherfinancing availableagreement revenuewith sourcethe authorizedprogram byadministrator law.to make such improvement.

(2)The APPLICATION.—The owner of record of the commercial property within the jurisdiction of the authorized program administrator may applyonly toenter theinto programa administratorfinancing toagreement financewith a qualifying Page 2120 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 improvementproperty andowner. enter into a financing agreement with the program administrator to make such improvement.

The program administrator may only enter into a financing agreement with a property owner.

All property taxes and any other assessments, including non-ad valorem assessments, levied on the same bill as the Pageproperty 22taxes ofare 37current. CODING:

5.

There are no involuntary liens greater than $5,000, including, but not limited to, construction liens on the Page 21 of 36 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 propertycommercial taxesproperty. are current.

5.

There are no involuntary liens greater than $5,000, including, but not limited to, construction liens on the commercial property.

The existencefailure ofto adisclose priorinformation qualifyingrelated improvementto non-adnot valoremyet assessmentrecorded orfinancing aagreements priordoes not invalidate a financing agreement isor notany evidenceobligation thatthereunder, even if the financingtotal agreementfinanced underamount considerationof isthe affordablequalifying orimprovement meetsexceeds otherthe programamount requirements.that would otherwise be authorized under this section.

The existence of a prior qualifying improvement non-ad valorem assessment or a prior financing agreement is not Page 2322 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 (c) Findings satisfying paragraphs (a) and (b) must be documented, including supporting evidence reliedthat upon,the andfinancing providedagreement tounder theconsideration propertyis owneraffordable or nongovernmentalmeets lesseeother priorprogram torequirements. a financing agreement being approved and recorded.

The(c) programFindings administratorsatisfying paragraphs (a) and (b) must retainbe thedocumented, documentationincluding forsupporting theevidence durationrelied ofupon, and provided to the property owner or nongovernmental lessee prior to a financing agreement.agreement being approved and recorded.

If a proposed change order on a qualifying improvement will significantly increase the original cost of the qualifying improvement by 20 percent or moresignificantly or will expand the scope of the qualifying improvementimprovement, by 20 percent or more, before the change order may be executed which would result in an increase in the amount financed through the program administrator for the qualifying improvement, the program administrator must notify the property owner or nongovernmental lessee, provide an updated written disclosure form as described in subsection (4) to the property owner or nongovernmental lessee, and obtain written approval of the change from the property owner or nongovernmental lessee.

(4) DISCLOSURES.—In addition to the requirements in subsection (3), a financing agreement may not be approved unless the program administrator provides, whether on a separate Page 2423 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 document or included with other disclosures or forms, a financing estimate and disclosure to the property owner or nongovernmental lessee which includes all of the following:

(g) The total estimated dueaverage datemonthly ofequivalent theamount firstof paymentfunds that includeswould need to be saved in order to pay the annual costs of the non-ad valorem assessment;assessment, including program fees;

and (h) AThe disclosureestimated thatdue thedate property owner or nongovernmental lessee may repay any remaining amount owed, at any time, without penalty or imposition of additionalthe prepaymentfirst feespayment orthat finesincludes otherthe thannon-ad nominalvalorem administrativeassessment; costs.

(5)and CONSENT(i) OFA LIENHOLDERSdisclosure ANDthat SERVICERS.—Beforethe entering into a financing agreement with a property owner,owner theor programnongovernmental administratorlessee mustmay haverepay receivedany theremaining writtenamount consentowed, ofat the current holders or loan servicers of any mortgagetime, thatwithout encumberspenalty or isimposition otherwiseof securedadditional byprepayment thefees commercial property or thatfines willother otherwisethan benominal securedadministrative bycosts. the property at the time the financing agreement is executed.

(6)(5) RECORDING.—AnyCONSENT OF LIENHOLDERS AND SERVICERS.—Before entering into a financing agreement approvedwith anda enteredproperty owner, the program administrator must have received the written consent of the current holders or loan servicers of any mortgage that encumbers or is otherwise secured by the commercial property or that will Page 2524 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 intootherwise pursuant to this section or a summary memorandum of such agreement must be submittedsecured forby recording in the publicproperty recordsat of the countytime within which the commercialfinancing propertyagreement is locatedexecuted. by the program administrator within 10 business days after execution of the agreement.

(6) RECORDING.—Any financing agreement approved and entered into pursuant to this section or a summary memorandum of such agreement must be submitted for recording in the public records of the county within which the commercial property is located by the program administrator within 10 business days after execution of the agreement.

You are encouraged toPage contact25 theof property36 appraiser’sCODING: office to learn more about this and other assessments that may be provided for by law.

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 (8)to COMPLETIONcontact CERTIFICATE.—Upon disbursement of all financing and completion of installation of qualifying improvements financed, the programproperty administratorappraiser’s shalloffice fileto withlearn themore applicableabout countythis orand municipalityother aassessments certificate that themay qualifyingbe improvementsprovided havefor beenby installedlaw. and are in good working order.

(8) COMPLETION CERTIFICATE.—Upon disbursement of all financing and completion of installation of qualifying improvements financed, the program administrator shall file with the applicable county or municipality a certificate that the qualifying improvements have been installed and are in good working order.

(b) Comply with all applicable federal, state, and local laws and regulations, including obtaining and maintaining any other permits, licenses, or registrations required for engaging Page 2726 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 (b) Comply with all applicable federal, state, and local laws and regulations, including obtaining and maintaining any other permits, licenses, or registrations required for engaging in business in the jurisdiction in which it operates and maintaining all state-required bond and insurance coverage.

(b) Procedures for notice and imposition of penalties upon a finding of violation, which may consist of placement of the qualifying improvement contractor in a probationary status that places conditions for continued participation, payment of fines or sanctions, suspension, or termination from participation in the program.

(c) An easily accessible page on its website that provides information on the status of registered qualifying improvement contractors, including any imposed penalties, and the names of any qualifying improvement contractors currently on probationary statusPage or27 thatof are36 suspendedCODING: or terminated from participation in the program.

Section 5.

Section 163.084, Florida Statutes, is created to read:

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Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 163.084status Third-partyor administratorthat forare financingsuspended qualifying improvements programs.— (1)(a) A program administrator may contract with one or moreterminated third-partyfrom administratorsparticipation toin administerthe aprogram. program authorized by a county or municipality pursuant to s.

Section 5.

Section 163.084, Florida Statutes, is created to read:

163.084 Third-party administrator for financing qualifying improvements programs.— (1)(a) A program administrator may contract with one or more entities to administer a program authorized by a county or municipality pursuant to s.

(3) The program administrator must include in any contract withPage the28 third-party administrator the right to perform annual reviews of the36 administratorCODING: to confirm compliance with ss.

163.081-163.086, the ordinance or resolution adopted by the Page 29 of 37 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 countywith orthe municipality,third-party andadministrator the contractright withto perform annual reviews of the programadministrator administrator.to confirm compliance with ss.

163.081-163.086, the ordinance or resolution adopted by the county or municipality, and the contract with the program administrator.

(b) The third-party administrator, or an officer, a director, a manager or a managing member, or a control person of the third-party administrator, has been found by a court of Page 3029 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 (b) The third-party administrator, or an officer, a director, a manager or a managing member, or a control person of the third-party administrator, has been found by a court of competent jurisdiction to have violated state or federal laws related to the administration a program authorized of the provisions of ss.

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Florida Senate - 2024 CS for SB 770 578-02372-24 2024770c1 1.

That qualifying improvements are free or provided at no Pagecost, 31or ofthat 37the CODING:financing related to a non-ad valorem assessment authorized under s.

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 770 594-02696-24 2024770c2 cost, or that the financing related to a non-ad valorem assessment authorized under s.

(4) A program administrator or third-party administrator may not provide any payment, fee, or kickback to a qualifying improvementPage contractor31 forof referring36 propertyCODING: owners or nongovernmental lessees to the program administrator or third- party administrator.

However, a program administrator or third- Page 32 of 37 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 partyimprovement administratorcontractor mayfor providereferring informationproperty toowners aor qualifyingnongovernmental improvementlessees contractor to facilitate the installationprogram ofadministrator a qualifying improvement for a property owner or nongovernmentalthird- lessee.party administrator.

(5)However, Aa program administrator or third-partythird- party administrator may notprovide reimburseinformation to a qualifying improvement contractor forto itsfacilitate expensesthe ininstallation advertisingof anda marketingqualifying campaignsimprovement andfor materials.a property owner or nongovernmental lessee.

(5) A program administrator or third-party administrator may reimburse a qualifying improvement contractor for its expenses in advertising and marketing campaigns and materials.

However, a program administrator or third-party administrator may offer programs or promotions on a non-discriminatory basis that provide reduced fees or interest rates if the reduced fees or interest rates are reflected in the financing agreements and are not provided to the property owner or nongovernmentalPage lessee32 asof cash36 consideration.CODING:

Section 7.

Section 163.086, Florida Statutes, is created to Page 33 of 37 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 read:nongovernmental lessee as cash consideration.

Section 7.

Section 163.086, Florida Statutes, is created to read:

(a) The property owner or nongovernmental lessee applied for, accepted, and canceled a financing agreement within the 3-5- business-day period pursuant to s.

(3) If a qualifying improvement contractor has initiated work on residential property or commercial property under a contract deemed unenforceable under this section, the qualifying Page 3433 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 work on residential property or commercial property under a contract deemed unenforceable under this section, the qualifying improvement contractor:

(5) If a qualifying improvement contractor fails to comply with this section, the property owner or nongovernmental lessee may retain any chattel or fixtures provided pursuant to a contractPage deemed34 unenforceableof under36 thisCODING: section.

(6) A contract that is otherwise unenforceable under this Page 35 of 37 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 section remains enforceable if the property owner or nongovernmental lessee waives his or her right to cancel the contract ordeemed cancelsunenforceable theunder financingthis agreementsection. pursuant to s.

(6) A contract that is otherwise unenforceable under this section remains enforceable if the property owner or nongovernmental lessee waives his or her right to cancel the contract or cancels the financing agreement pursuant to s.

(d) A summary of all reported complaints received by the program administrator related to the program, including the names of the third-party administrator, if applicable, and Page 3635 of 3736 CODING:

Florida Senate - 2024 CS for CS for SB 770 594-02696-24578-02372-24 2024770c22024770c1 program administrator related to the program, including the names of the third-party administrator, if applicable, and qualifying improvement contractors and the resolution of each complaint.

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