HB 927 — Improvements to Real Property

requiring the program Page 4of 46 CODING:

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 administrator to make certain findings before entering into a financing agreement;

requiring the program administrator to ascertain certain financial information from the property owner before entering into a financing agreement;

requiring the program administrator to document and retain certain findings;

requiring certain financing agreement and contract provisions for change orders under certain circumstances;

prohibiting a financing agreement from being entered into under certain circumstances;

requiring the program administrator to provide certain information before a financing agreement may be executed;

requiring any financing agreement executed pursuant to this section be submitted for recording in the public records of the county where the commercial property is located in a specified timeframe;

requiring that the recorded agreement provide constructive notice that the non-ad valorem assessment levied on the property is a lien of equal dignity;

providing that a lien with a certain acceleration provision is unenforceable;

creating the seller's disclosure statements for properties offered for sale which have assessments on them for qualifying improvements;

requiring the program administrator to confirm that certain conditions are met before Page 5of 46 CODING:

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 disbursing final funds to a qualifying improvement contractor for qualifying improvements on commercial property;

providing construction;

creating s.

requiring the program administrator to monitor qualifyingPage improvement3of contractors,43 enforceCODING: certain penalties for a finding of violation, and post certain information online;

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hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 qualifying improvement contractors, enforce certain penalties for a finding of violation, and post certain information online;

prohibiting a program administrator from actingcontracting aswith a third-party administrator under certain circumstances;

providing an exception;

authorizing the program administrator to take certain actions if the program administrator finds that the Pagethird-party 6ofadministrator 46has CODING:committed a violation of its contract;

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 third-party administrator has committed a violation of its contract;

providing for the continuation of certain financing agreements after the termination or suspension of the third-party administrator,administrator; with an exception;

requiring that, in communicating with the property owner,owner or nongovernmental lessee, the program administrator, qualifying improvement contractor, or third-party administrator comply with certain requirements;

prohibiting the program administratorPage or4of third-party43 administratorCODING: from disclosing certain financing information to a qualifying improvement contractor;

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hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 administrator or third-party administrator from disclosing certain financing information to a qualifying improvement contractor;

prohibitingauthorizing a program administrator or third-party administrator fromto reimbursingreimburse a qualifying improvement contractor for certain expenses;

requiring a contract between a property Pageowner 7ofor 46nongovernmental CODING:lessee and a qualifying improvement contractor to include certain provisions;

Wordsprohibiting strickenarea deletions;program administrator, third-party administrator, or qualifying improvement contractor from providing any cash payment or anything of material value to a property owner or nongovernmental lessee which is explicitly conditioned on a financing agreement;

words underlined are additions.

hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 owner and a qualifying improvement contractor to include certain provisions;

prohibiting a program administrator, qualifying improvement contractor, or third-party administrator from providing any cash payment or anything of material value to a property owner which is explicitly conditioned on a financing agreement;

providing exceptions;

providing for the unenforceability of a financing agreement underPage certain5of circumstances;43 CODING:

providingWords provisionsstrickenare fordeletions; when a qualifying improvement contractor initiates work on an unenforceable contract;

words underlined are additions.

hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 under certain circumstances;

providing for when a qualifying improvement contractor initiates work on an unenforceable contract;

requiring the Auditorauditor Generalgeneral to conduct an operational audit of each programauthorized administrator;program;

requiring the Auditor Page 8of 46 CODING:

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 General to adopt certain rules requiring certain reporting from the program administrator;

requiring program administrators and, if applicable, third-party administrators to post the report on its website;

providing that a contract, agreement, authorization, or interlocal agreement entered into before a certain date may continue without additional action by the county or municipality;

requiring that the program administrator comply with the act and that any related contracts, agreements, authorizations, or interlocal agreements be amended to comply with the act;

The term includes, but is not limited to, a property zoned multifamily residential which is composed of Page 9of6of 4643 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 a property zoned multifamily residential which is composed of five or more dwelling units;

a long-term care or assisted living facility;

real property owned by a nonprofit;

government commercial property;

(2) "Program"Government administrator"commercial property" means areal county,property aowned municipality,by a dependentlocal specialgovernment districtand asleased definedto ina s.nongovernmental lessee for commercial use.

The term does not include residential property.

(3) "Nongovernmental lessee" means a person or an entity other than a local government which leases government commercial property.

(4) "Program administrator" means a county, a municipality, a dependent special district as defined in s.

163.01(7)163.01(7). which directly operates a program for financing qualifying improvements and is authorized pursuant to s.

163.081(5) "Property owner" means the owner or s.owners of record of real property.

163.082.

(3) "Property owner" means the owner or owners of record of real property.

The term does not include persons renting, using, living, or otherwise occupying real property.property, except for a nongovernmental lessee.

(4)Page "Qualifying7of improvement"43 meansCODING: the following permanent improvements located on real property within the jurisdiction of an authorized financing program:

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hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 (6) "Qualifying improvement" means the following permanent improvements located on real property within the jurisdiction of an authorized financing program:

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 2.

ProvidingReplacing floodwindows and water damage mitigation and resiliency improvements, prioritizing repairs, replacement, or improvementsdoors, that qualify for reductions in flood insurance premiums, including raisinggarage adoors, structurewith aboveenergy-efficient thewindows baseor flooddoors. elevation to reduce flood damage;

constructing a flood diversion apparatus, drainage gate, or seawall improvement, including seawall repairs and seawall replacements;

purchasing flood- damage-resistant building materials;

or making electrical, mechanical, plumbing, or other system improvements that reduce flood damage.

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

5.

6.5.

7.6.

8.

Installing and affixing a permanent generator.

9.

Providing a renewable energy improvement, including the installation of any system in which the electrical, mechanical, Page 11 of46 CODING:

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 or thermal energy is produced from a method that uses solar, geothermal, bioenergy, wind, or hydrogen.

Waste system improvements, which consists of repairing, replacing, improving, or constructing a central sewerage system, convertingPage an8of onsite43 sewageCODING: treatment and disposal system to a central sewerage system, or, if no central sewerage system is available, removing, repairing, replacing, or improving an onsite sewage treatment and disposal system to an advanced system or technology.

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hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 converting an onsite sewage treatment and disposal system to a central sewerage system, or, if no central sewerage system is available, removing, repairing, replacing, or improving an onsite sewage treatment and disposal system to an advanced system or technology.

Making resiliency improvements, which includesincludes, but is not limited to:

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 premiums, including raising a structure above the base flood Pageelevation 12to of46reduce CODING:flood damage;

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 elevation to reduce flood damage;

or making any other improvements necessary to achieve a sustainable building rating or compliance with a national model resiliency standard and any improvementsPage to9of a43 structureCODING: to achieve wind or flood insurance rate reductions, including building elevation.

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hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 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.

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Water conservation efficiency improvements, which are measures to reduce consumption through efficient use or conservation of water.

(7) "Qualifying improvement contractor" means a licensed or registered contractor who has been registered to participate by a program administrator pursuant to s.

163.083 to install or otherwise perform work to make qualifying improvements on Page 10 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 5.residential property financed pursuant to a program authorized under s.

Water conservation efficiency improvements, which are measures to reduce consumption through efficient use or conservation of water.

(5) "Qualifying improvement contractor" means a licensed or registered contractor who has been registered to participate by a program administrator pursuant to s.

163.083 to install or otherwise perform work to make qualifying improvements on residential property financed pursuant to a program authorized under s.

(6)(8) "Residential property" means real property zoned as residential or multifamily residential and composed of four or fewer dwelling units.

(7) "Third-party administrator" means an entity under contract with a program administrator pursuant to s.

163.084.

163.081 Financing qualifying improvements to residential property.— (1) RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.— (a) ASubject programto administratorlocal maygovernment onlyordinance offeror resolution, a program for financing qualifying improvements to residential property withinowner themay jurisdictionapply ofto a countyprogram oradministrator municipalityfor iffunding theto countyfinance ora municipalityqualifying hasimprovement authorizedand byenter ordinanceinto ora resolutionfinancing theagreement programwith administrator to administer the program foradministrator. financing qualifying improvements to residential property.

TheAn authorized Pageprogram 14to of46fund CODING:qualifying improvements must, at a minimum, meet the requirements of this section.

Pursuant to this section or as otherwise provided by law, or pursuant to a county's or municipality's home rule power, a local government may enter into a partnership with one or more local governments for the purpose of providing and financing qualifying improvements.

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

163.084.

(b) An authorized program administrator may levy non-ad valorem assessments to facilitate repayment of financing Page 11 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 programqualifying must,improvements. at a minimum, meet the requirements of this section.

(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 counties or municipalities for the purpose of facilitating a program to finance qualifying improvements to residential property located within the jurisdiction of the counties or municipalities that are party to the agreement.

(c) A county or municipality may deauthorize a program administrator through repeal of the ordinance or resolution adopted pursuant to paragraph (a) or other action.

Any recorded financing agreements at the time of deauthorization shall continue, except any financing agreement for which the provisions of s.

163.086 apply.

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

163.084.

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

Page197.3632(8)(a), 15shall of46not CODING:be subject to discount for early payment.

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hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 197.3632(8)(a), shall not be subject to discount for early payment.

197.3632(3)(a) may be provided on or before August 15 of each year in conjunction with any non-ad valorem assessment authorized by this section,section if the property appraiser, tax collector, and program administrator agree.

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.

(f)(2) AAPPLICATION.—The programowner administratorof mayrecord incurof debt for the purposeresidential ofproperty providingmay financingapply forto qualifying improvements, which debt is payable from revenues received from the improvedauthorized propertyprogram oradministrator anyto otherfinance availablea revenuequalifying sourceimprovement. authorized by law.

(2) APPLICATION.—The owner of record of the residential property within the jurisdiction of an authorized program may apply to the authorized program administrator to finance a qualifying improvement.

(3) FINANCING AGREEMENTS.— (a) Before entering into a financing agreement, the program administrator must makereview each of the followingresidential findingsproperty Page 1612 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 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:

There are sufficient resources to complete the project.

2.

3.2.

4.3.

5.4.

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hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 6.5.

7.6.

8.7.

9.8.

10.9.

11.10.

12.11.

The program administrator shall determine the useful life of a qualifying improvement using established standards, including Page 1814 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 certification criteria from government agencies or nationally recognized standards and testing organizations.

12.

If the qualifying improvement is estimated to cost $10,000 or more, the property owner has obtained estimates from at least two unaffiliated, registered qualifying improvement contractors for the qualifying improvement to be financed.

The total estimated annual payment amount for all financing agreements entered into under this section on the residential property does not exceed 10 percent of the property owner's annual household income.

Income must be confirmed using reasonable evidence and not solely by a property owner's statement.

14.

(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 property owner has obtained or sought to obtain additional qualifying improvements on the same property which have not yet been recorded.

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 evidence that Page 1915 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (c) Findings satisfying paragraphs (a) and (b) must be documented, including supporting evidence relied upon, and provided to the propertyfinancing owneragreement priorunder toconsideration ais financingaffordable agreementor beingmeets approvedother andprogram recorded.requirements.

The(c) Before a program administrator approves a qualifying improvement under this section, the program administrator must retainuse information contained in the documentationproperty forowner's application, reasonably reliable third-party records, or an automated verification system to reasonably determine whether the durationproperty ofowner has the financingability agreement.to pay the annual non-ad valorem assessment for the qualifying improvement.

(d)The If the qualifying improvement is estimated to cost $10,000 or more, before entering into a financing agreement the program administrator must advisereview the property ownerowner's inhousehold writingincome, thathousing theexpenses, bestassets, practice is to obtain estimates from more than one unaffiliated, registered qualifying improvement contractor for the qualifying improvement and notifyother thedebt propertyobligations. owner in writing of the advertising and solicitation requirements of s.

163.085.If the program administrator uses an automated verification system, it must be a system that can verify the property owner's income, is not based on predictive or estimation methodologies, and has been determined sufficient for such verification purposes by a federal mortgage lending authority or regulator.

In reviewing the property owner's ability to pay, the program administrator:

1.

When determining the household income, may include the income of any property owner aged 18 years old or older whose name is on the property title.

If a person's income is considered, that person's debt obligations must also be considered.

2.

May not consider the equity in the property that will secure the non-ad valorem assessment.

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hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 3.

Shall determine the property owner's debt obligations using reasonably reliable third-party records, including, at a minimum, one consumer credit report from an agency that meets the requirements of 15 U.S.C.

s.

1681a(p).

Debt obligations to be reviewed include:

a.

Secured and unsecured debt.

b.

Housing expenses.

The program administrator shall make a reasonable estimate of the basic housing expenses based on the number of persons in the household.

c.

Stated alimony or child support obligations.

4.

Shall determine whether the property owner has sufficient income to pay the annual non-ad valorem assessment and that he or she has sufficient residual income to meet his or her household living expenses.

To participate in a qualifying improvement program, a residential property owner must have a total debt-to-income ratio no higher than 49 percent.

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

Any financing agreement or contract for qualifying improvements which includes such provisions must meet the requirementsPage of17 thisof43 paragraph.CODING:

If a proposed change order on a qualifying improvement will increase the original cost of the qualifying improvement by 20 percent or more or will expand the scope of the qualifying improvement 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 Page 20 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 administratorrequirements 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 approval of thethis changeparagraph. from the property owner.

If a proposed change order on a qualifying improvement will significantly increase the original cost of the qualifying improvement or significantly expand the scope of the qualifying improvement, 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 approval of the change from the property owner.

(4) DISCLOSURES.— (a) In addition to the requirements imposed in subsection (3), a financing agreement may not be executedapproved 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, each of which must be individually acknowledged in writing by the property owner:

1.Page 18 of43 CODING:

The estimated total amount to be financed, including the total and itemized cost of the qualifying improvement, program fees, and capitalized interest;

2.

The estimated annual non-ad valorem assessment;

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hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 3.1.

The termestimated oftotal theamount financingto agreementbe andfinanced, including the scheduletotal forand itemized cost of the non-adqualifying valoremimprovement, assessments;program fees, and capitalized interest, if any.

2.

The estimated annual non-ad valorem assessment.

3.

The term of the financing agreement and the schedule for the non-ad valorem assessments.

The interest charged and estimated annual percentage rate;rate.

A description of the qualifying improvement;improvement.

The total estimated annual costs that will be required to be paid under the assessment contract, including program fees;fees.

The total estimated average monthly equivalent amount of funds that would need to be saved in order to pay the annual costs of the non-ad valorem assessment, including program fees;fees.

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

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

A disclosure that the property owner may repay any remaining amount owed, at any time, without penalty or imposition of additional prepayment fees or fines other than nominal administrative costs;costs.

11.Page 19 of43 CODING:

A disclosure that if the property owner sells or refinances the residential property, the property owner may be required by a mortgage lender to pay off the full amount owed under each financing agreement under this section;

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hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 12.11.

A disclosure that if the assessmentproperty willowner besells collectedor alongrefinances with the propertyresidential owner'sproperty, the property taxes,owner andmay willbe resultrequired inby a lienmortgage onlender theto propertypay fromoff the datefull theamount owed under each financing agreement isunder recorded;this section.

12.

A disclosure that the assessment will be collected along with the property owner's property taxes, and will result in a lien on the property from the date the financing agreement is recorded.

A disclosure that potential utility or insurance savings are not guaranteed, and will not reduce the assessment amount;amount.

and 14.

(5) NOTICE TO LIENHOLDERS AND SERVICERS.—At least 530 business 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 Page 2320 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 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.

(7) RECORDING.—Any financing agreement executedapproved 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 businessPage days21 afterof43 executionCODING: of the agreement and the 3-day cancellation period.

The recorded agreement must provide constructive notice that the non-ad valorem assessment to be levied on the property constitutes a lien of equal dignity to county taxes and assessments from the Page 24 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 datebusiness days after execution of recordation.the agreement.

The recorded agreement must provide constructive notice that the non-ad valorem assessment to be levied on the property constitutes a lien of equal dignity to county taxes and assessments from the date of recordation.

You are encouraged to contact the property appraiser's office to learn morePage about22 thisof43 andCODING: other assessments that may be provided by law.

(9) DISBURSEMENTS.—Before disbursing final funds to a qualifying improvement contractor for a qualifying improvement Page 25 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 onmore residentialabout property,this theand programother administratorassessments shall confirm that themay applicablebe workprovided orby servicelaw. 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.

(9) DISBURSEMENTS.—Before disbursing final funds to a qualifying improvement contractor for a qualifying improvement on 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.—property.- (1) COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.— (a) ASubject programto administratorlocal maygovernment onlyordinance offeror resolution, a program for financing qualifying improvements to commercial property withinowner themay jurisdictionapply ofto a countyprogram oradministrator municipalityfor iffunding theto countyfinance ora municipalityqualifying hasimprovement authorizedand byenter ordinanceinto ora resolutionfinancing theagreement programwith administrator to administer the program foradministrator. financing qualifying improvements to commercial property.

TheAn authorized program must,to atfund aqualifying minimum,improvements meetmust, theat requirementsa ofPage this23 section.of43 CODING:

(b) Pursuant to this section or as otherwise provided by law or pursuant to a county's or municipality's home rule power, Page 26 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 aminimum, countymeet or municipality may enter into an interlocal agreement providing for a partnership between one or more counties or municipalities for the purposerequirements of facilitatingthis asection. program for financing qualifying improvements to commercial property located within the jurisdiction of the counties or municipalities that are party to the agreement.

(c)Pursuant Ato countythis section or municipalityas mayotherwise deauthorizeprovided by law or pursuant to a programcounty's administratoror throughmunicipality's repealhome ofrule thepower, ordinancea orlocal resolutiongovernment adoptedmay pursuantenter tointo paragrapha (a)partnership with one or othermore action.local governments for the purpose of providing and financing qualifying improvements.

AnyA recordedprogram financingadministrator agreementsmay atcontract thewith timeone ofor deauthorizationmore shallthird-party continue,administrators exceptto anyimplement financingthe agreementprogram foras whichprovided thein provisions of s.

163.086 apply.

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

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

197.3632(4) do not apply if this section is used and complied with, and the intent resolution, publication of notice, and mailed notices to Pagethe 27property of46appraiser, CODING:tax collector, and Department of Revenue required by s.

197.3632(3)(a) may be provided on or before August 15 of each year in conjunction with any non-ad valorem assessment authorized by this section, if the property appraiser, tax collector, and program administrator agree.

Notwithstanding ss.

192.091(2)(b) and 197.3632(8)(c), a non-ad valorem assessment under this section is subject to a maximum Page 24 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 theannual propertyfee appraiser,of tax1 collector,percent andof Departmentthe ofannual Revenuenon-ad requiredvalorem byassessment s.collected or $5,000, whichever is less.

197.3632(3)(a)(c) mayA beprogram providedadministrator onmay orincur beforedebt Augustfor 15the purpose of eachproviding yearfinancing infor conjunctionqualifying withimprovements, anywhich non-addebt valoremis assessmentpayable authorizedfrom byrevenues thisreceived section,from if the improved property appraiser,or taxany collector,other andavailable programrevenue administratorsource agree.authorized by law.

The(2) programAPPLICATION.—The administratorowner shallof onlyrecord compensateof the taxcommercial collectorproperty formay apply to the actualprogram costadministrator ofto collectingfinance non-ada valoremqualifying assessments,improvement notand toenter exceedinto 2a percentfinancing ofagreement with the amountprogram collectedadministrator andto remitted.make such improvement.

(f) A program administrator may incur debt for the purpose of providing financing for qualifying improvements, which debt is payable from revenues received from the improved property or any other available revenue source authorized by law.

(2) APPLICATION.—The owner of record of the commercial property within the jurisdiction of the authorized program may apply to the program administrator to finance a qualifying improvement and enter into a financing agreement with the program administrator to make such improvement.

(3)However, CONSENTa OFnongovernmental LIENHOLDERSlessee ANDmay SERVICERS.—Theapply programto administratorfinance musta receivequalifying theimprovement writtenif consent of the currentnongovernmental holderslessee orprovides loan servicers of any mortgage that encumbers or is otherwise secured by the commercialprogram propertyadministrator orwith thatwritten willconsent otherwiseof be secured by the propertygovernment beforelessor. a financing agreement may be executed.

PageAny 28financing of46agreement CODING:with the nongovernmental lessee must provide that the nongovernmental lessee is the only party obligated to pay the assessment.

(3) FINANCING AGREEMENTS.— (a) Before entering into a financing agreement, the program administrator must make each of the following findings based on a review of public records derived from a commercially accepted source and the statements, records, and credit reports of the commercial property owner or nongovernmental lessee:

1.

The combined mortgage-related debt and total amount of any non-ad valorem assessments under the program for the Page 25 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (4)commercial FINANCINGproperty AGREEMENTS.—does (a)not Aexceed program97 administratorpercent offeringof athe programjust forvalue financingof qualifyingthe improvements to commercial property mustas maintaindetermined underwritingby criteria sufficient to determine the financialproperty feasibilityappraiser. of entering into a financing agreement.

To enter into a financing agreement, the program administrator must, at a minimum, make each of the following findings based on a review of public records derived from a commercially accepted source and the statements, records, and credit reports of the commercial property owner:

1.

There are sufficient resources to complete the project.

The combined mortgage-related debt and total amount of any non-ad valorem assessments under the program for the commercial property does not exceed 97 percent of the just value of the property as determined by the property appraiser.

3.

4.3.

5.4.

Page5. 29 of46 CODING:

Words strickenare deletions;

words underlined are additions.

hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 6.

7.6.

8.7.

The property owner or nongovernmental lessee is not currently the subject of a bankruptcy proceeding.

(b)Page Before26 enteringof43 intoCODING: a financing agreement, the program administrator shall determine if there are any current financing agreements on the commercial property and whether the property owner has obtained or 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) The program administrator shall document and retain findings satisfying paragraphs (a) and (b), including supporting evidence relied upon, which were made prior to the financing Page 30 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 agreement(b) beingBefore approvedentering andinto recorded,a forfinancing agreement, the durationprogram ofadministrator theshall determine if there are any current financing agreement.agreements on the commercial property and whether the property owner or nongovernmental lessee has obtained or sought to obtain additional qualifying improvements on the same property which have not yet been recorded.

(d)The Afailure propertyto ownerdisclose andinformation therelated programto administratornot mayyet agreerecorded tofinancing includeagreements indoes thenot invalidate a financing agreement provisionsor forany allowingobligation changethereunder, orderseven necessaryif tothe completetotal financed amount of the qualifying improvement.improvement exceeds the amount 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 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 or nongovernmental lessee prior to a financing agreement being approved and recorded.

(d) A property owner or nongovernmental lessee 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 proposedPage change27 orderof43 onCODING: a qualifying improvement will increase the original cost of the qualifying improvement by 20 percent or more or will expand the scope of the qualifying improvement 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, provide an updated written disclosure form as described in subsection (5) to the property owner, and obtain written approval of the change from the property owner.

Words strickenare deletions;

words underlined are additions.

hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 proposed change order on a qualifying improvement will significantly increase the original cost of the qualifying improvement or significantly expand the scope of the qualifying improvement, 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.

(5)(4) DISCLOSURES.—In addition to the requirements imposed in subsection (4),(3), a financing agreement may not be executedapproved unless the program administrator provides, whether on a separate document or included with other disclosures or forms, a Pagefinancing 31estimate of46and CODING:disclosure to the property owner or nongovernmental lessee which includes all of the following:

(a) The estimated total amount to be financed, including the total and itemized cost of the qualifying improvement, program fees, and capitalized interest, if any.

(b) The estimated annual non-ad valorem assessment.

Page 28 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 financing(c) estimateThe andterm disclosureof to the propertyfinancing owneragreement whichand includesthe allschedule offor the following:non-ad valorem assessments.

(a)(d) The estimatedinterest totalcharged amount to be financed, including the total and itemizedestimated costannual ofpercentage therate. qualifying improvement, program fees, and capitalized interest;

(b)(e) TheA estimateddescription annualof non-adthe valoremqualifying assessment;improvement.

(c)(f) The termtotal ofestimated theannual financingcosts agreementthat andwill thebe schedulerequired forto be paid under the non-adassessment valoremcontract, assessments;including program fees.

(d)(g) The interestestimated chargeddue anddate estimatedof annualthe percentagefirst rate;payment that includes the non-ad valorem assessment.

(e)(5) ACONSENT descriptionOF LIENHOLDERS AND SERVICERS.—Before entering into a financing agreement with a property owner, the program administrator must have received the written consent of the qualifyingcurrent improvement;holders or loan servicers of any mortgage that encumbers or is otherwise secured by the commercial property or that will otherwise be secured by the property at the time the financing agreement is executed.

(f)(6) TheRECORDING.—Any totalfinancing estimatedagreement annualapproved costsand thatentered willinto bepursuant required to this section or a summary memorandum of such agreement must be paidsubmitted underfor recording in the assessmentpublic contract,records includingof the county within which the commercial property is located by the program fees;administrator within 10 business days after execution of the agreement.

(g) The estimatedrecorded dueagreement datemust ofprovide theconstructive firstnotice payment that includes the non-ad valorem assessment;assessment to be levied on the property constitutes a lien of equal dignity Page 29 of43 CODING:

and (h) A disclosure of any prepayment penalties, fees, or fines as set forth in the financing agreement.

(6) RECORDING.—Any financing agreement executed 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.

The recorded agreement must provide constructive notice that the non-ad valorem assessment to be levied on the Page 32 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 property constitutes a lien of equal dignity to county taxes and assessments from the date of recordation.

(8) COMPLETION CERTIFICATE.—Upon disbursement of all financing and completion of installation of qualifying Page 3330 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (8)improvements COMPLETIONfinanced, CERTIFICATE.—Uponthe disbursementprogram ofadministrator allshall financingfile andwith completion of installation of qualifying improvements financed, the programapplicable administratorcounty shallor retainmunicipality a certificate that the qualifying improvements have been installed and are in good working order.

163.083 Qualifying improvement contractors.—contractors.- (1) A county or municipality shall establish a process, or approve a process established by a program administrator, to register contractors for participation in a program authorized by a county or municipality pursuant to s.

(b) Comply with all applicable federal, state, and local laws and regulations, including obtaining and maintaining any Page 3431 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (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 Page 3532 of46of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (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 status or that are suspended or terminated from participation in the program.

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

AThe programcontract administrator,must eitherprovide directlyfor orthe throughentity anto affiliate,administer maythe notprogram actaccording asto athe third-requirements partyof administrators. for itself or for another program administrator.

However, this paragraph does not apply to a third-party administrator created by an entity authorized in law pursuant to s.

288.9604.

Page 36 of46 CODING:

Words strickenare deletions;

words underlined are additions.

hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 (c) The contract must provide for the entity to administer the program according to the requirements of s.

(2) A program administrator may not contract with a third- party administrator that, within the last 3 years, has been:been prohibited from serving as a third-party administrator for Page 33 of43 CODING:

(a)Words Prohibited,strickenare afterdeletions; notice and a hearing, from serving as a third-party administrator for another program administrator for program or contract violations in this state;

orwords (b)underlined Foundare byadditions. a court of competent jurisdiction to have substantially violated state or federal laws related to the administration of ss.

hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 another program administrator for program or contract violations or has been found by a court of competent jurisdiction to have violated state or federal laws related to the administration of ss.

163.081-163.086, the adopted ordinance or resolution, or the contract with the program administrator, the program administrator shall provide the third-party administrator with notice of the violation and may, as set forth in the adopted Pageordinance 37or of46resolution CODING:or the contract with the third-party administrator:

Words strickenare deletions;

words underlined are additions.

hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 ordinance or resolution or the contract with the third-party administrator:

(4)Page A34 programof43 administratorCODING: may terminate the agreement with a third-party administrator, as set forth by the county or municipality in its adopted ordinance or resolution or the contract with the third-party administrator, if the program administrator makes a finding that:

(a) The third-party administrator has violated the contract with the program administrator.

The contract may set forth substantial violations that may result in contract termination and other violations that may provide for a period of time for correction before the contract may be terminated.

(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 of a program authorized of the Page 38 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 provisions(4) ofA ss.program administrator may terminate the agreement with a third-party administrator, as set forth by the county or municipality in its adopted ordinance or resolution or the contract with the third-party administrator, if the program administrator makes a finding that:

(a) The third-party administrator has violated the contract with the program administrator.

The contract may set forth substantial violations that may result in contract termination and other violations that may provide for a period of time for correction before the contract may be terminated.

(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.

(d)Page An35 annualof43 performanceCODING: review reveals a substantial violation or a pattern of violations by the third-party administrator.

(5)Words Anystrickenare recordeddeletions; financing agreements at the time of termination or suspension by the program administrator shall continue, except any financing agreement for which the provisions of s.

163.086words apply.underlined are additions.

hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 (d) An annual performance review reveals a substantial violation or a pattern of violations by the third-party administrator.

(5) Any recorded financing agreements at the time of termination or suspension by the program administrator shall continue.

163.082.—163.082.- (1) When communicating with a property owner,owner or a nongovernmental lessee, a program administrator, qualifying improvement contractor, or third-party administrator may not:

Page1. 39 of46 CODING:

Words strickenare deletions;

words underlined are additions.

hb0927-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927 2024 1.

(b)Page Make36 anyof43 representationCODING: as to the tax deductibility of a non-ad valorem assessment.

A program administrator, qualifying improvement contractor, or third-party administrator may encourage a property owner to seek the advice of a tax professional regarding tax matters related to assessments.

(2) A program administrator or third-party administrator may not provide to a qualifying improvement contractor any information that discloses the amount of financing for which a property owner is eligible for qualifying improvements or the amount of equity in a residential property or commercial property.

(3) A qualifying improvement contractor may not advertise the availability of financing agreements for, or solicit program participation on behalf of, the program administrator unless the contractor is registered by the program administrator to Page 40 of46 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 participate(b) inMake theany programrepresentation andas isto inthe goodtax standingdeductibility withof thea programnon-ad administrator.valorem assessment.

(4) A program administratoradministrator, qualifying improvement contractor, or third-party administrator may notencourage providea anyproperty payment,owner fee, or kickbacknongovernmental lessee to aseek qualifyingthe improvementadvice contractorof fora referringtax propertyprofessional ownersregarding totax thematters programrelated administratorto orassessments. third-party administrator.

However,(2) aA program administrator or third-party administrator may not provide information to a qualifying improvement contractor toany facilitateinformation that discloses the installationamount of financing for which a qualifyingproperty improvementowner or nongovernmental lessee is eligible for qualifying improvements or the amount of equity in a residential property owner.or commercial property.

(3) A qualifying improvement contractor may not advertise the availability of financing agreements for, or solicit program participation on behalf of, the program administrator unless the contractor is registered by the program administrator to participate in the program and is in good standing with the program administrator.

(4) A program administrator or third-party administrator may not provide any payment, fee, or kickback to a qualifying improvement contractor for referring property owners or nongovernmental lessees to the program administrator or third- party administrator.

However, a program administrator or third- party administrator may provide information to a qualifying improvement contractor to facilitate the installation of a Page 37 of43 CODING:

Words strickenare deletions;

words underlined are additions.

hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB927 2024 qualifying improvement for a property owner or nongovernmental lessee.

Any contract between a property owner or nongovernmental lessee and a qualifying improvement contractor must clearly state all pricing and cost provisions, including any process for change orders which meet the requirements of s.

163.081(3)(d).163.081(3)(a)-(d).

(7) A program administrator, qualifying improvement contractor, or third-party administrator may not provide any direct cash payment or other thing of material value to a Pageproperty 41owner of46or CODING:nongovernmental lessee which is explicitly conditioned upon the property owner or nongovernmental lessee entering into a financing agreement.

However, a program administrator or third-party administrator may offer programs or promotions on a nondiscriminatory 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 nongovernmental lessee as cash Page 38 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 propertyconsideration. owner which is explicitly conditioned upon the property owner entering into a financing agreement.

However, a program administrator or third-party administrator may offer programs or promotions on a nondiscriminatory 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 as cash consideration.

fraud.—fraud.- (1) A recorded financing agreement may not be removed from attachment to a residential property or commercial property if the property owner or nongovernmental lessee fraudulently obtained funding pursuant to s.

(a) The property owner or nongovernmental lessee applied for, accepted, and canceled a financing agreement within the 3-business-day3- business-day period pursuant to s.

Page(b) 42A of46person CODING:other than the property owner or nongovernmental lessee obtained the recorded financing agreement.

The court may enter an order which holds that person or persons personally liable for the debt.

(c) The program administrator, third-party administrator, or qualifying improvement contractor approved or obtained Page 39 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (b)funding Athrough personfraudulent othermeans thanand thein propertyviolation ownerof obtainedss. the recorded financing agreement.

The court may enter an order which holds that person or persons personally liable for the debt.

(c) The program administrator, third-party administrator, or qualifying improvement contractor approved or obtained funding through fraudulent means and in violation of ss.

(b) Must restore the residential property or commercial property to its original condition at no cost to the property owner.owner or nongovernmental lessee.

(c) Must immediately return any funds, property, and other consideration given by the property owner.owner or nongovernmental lessee.

If the property owner or nongovernmental lessee provided any property and the qualifying improvement contractor does not or cannot return it, the qualifying improvement contractor must immediately return the fair market value of the property or its value as designated in the contract, whichever is greater.

Page(4) 43If of46the CODING:qualifying improvement contractor has delivered chattel or fixtures to residential property or commercial property pursuant to a contract deemed unenforceable under this section, the qualifying improvement contractor has 90 days after the date on which the contract was executed to retrieve the chattel or fixtures, provided that:

Page 40 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (4)(a) IfThe the qualifying improvement contractor has deliveredfulfilled chattel or fixtures to residential property or commercial property pursuant to a contract deemed unenforceable under this section, the qualifyingrequirements improvementof contractorparagraphs has(3)(a) 90and days(b). after the date on which the contract was executed to retrieve the chattel or fixtures, provided that:

(a) The qualifying improvement contractor has fulfilled the requirements of paragraphs (3)(a) and (b).

(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 contract deemed unenforceable under this section.

(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.

163.082.—163.082.- Page(1) 44Each of46program CODING:administrator that is authorized to administer a program for financing qualifying improvements to residential property or commercial property under s.

163.081 or s.

163.082 shall post on its website an annual report within 45 days after the end of its fiscal year containing the following information from the previous year for each program authorized Page 41 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 (1) Each program administrator that is authorized to administer a program for financing qualifying improvements to residential property or commercial property under s.

163.082 shall post on its website an annual report within 45 days after the end of its fiscal year containing the following information from the previous year for each program authorized under s.

163.081 or s.

(2) The Auditor General must conduct an operational audit of each program administrator authorized under s.

163.082, including any third-party administrators, for Pagecompliance 45with of46the CODING:provisions of ss.

163.081-163.086 and any adopted ordinance at least once every 24 months.

The Auditor General may stagger evaluations such that a portion of all programs are evaluated in 1 year;

however, every program must be evaluated at least once by September 1, 2027.

Each program administrator, and third- party administrator if applicable, must post the most recent Page 42 of43 CODING:

hb0927-02-c2hb0927-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB927CS/HB927 2024 compliancereport withon theits provisionswebsite. of ss.

163.08-163.086 and any adopted ordinance at least once every 3 years.

The Auditor General may stagger evaluations;

however, every program must be evaluated at least once by September 1, 2028.

The Auditor General shall adopt rules pursuant to s.

218.39 requiring each program administrator to report whether it offers a program authorized pursuant to s.

163.081 or s.

163.082, and other pertinent information.

Each program administrator and, if applicable, third-party administrator, must post the most recent report on its website.

A current contract, agreement, authorization, or interlocal agreement between a county or municipality and a program administrator entered into before July 1, 2024, shall continue without additional action by the county or municipality.

However, the program administrator must comply with this act, and any contract, agreement, authorization, or interlocal agreement must be amended to comply with this act.

Section 10.

Page 4643 of46of43 CODING:

hb0927-02-c2hb0927-01-c1