CopyPublished | Supreme Court of Florida
...politic in the State of Florida. We have jurisdiction. See art. V, § 3(b)(2), Fla.
Const. The purpose of the bonds is to finance qualifying improvements pursuant
to the Property Assessed Clean Energy Act (PACE Act), established by the
Legislature in section 163.08, Florida Statutes (2014).1
The PACE Act provides for issuance of bonds to finance the retrofitting of
existing improved properties with qualifying improvements for energy
conservation, renewable energy, clean energy, and hurricane protection....
...Participating property owners enter into financing
agreements to provide for repayment of the cost of the improvements by way of
voluntary non-ad valorem assessments imposed upon the benefitted property. As
we explain below, we affirm the amended final judgment of the circuit court, but
1. Although section 163.08, Florida Statutes, does not use the terms
“PACE” or “Property Assessed Clean Energy,” these terms are commonly used to
refer to programs providing for retrofitting improved properties with energy and
wind protection improvements, such as Florida’s program....
...economic development in Florida. See §
288.9604, Fla. Stat. (1993);
§
288.9604(1), Fla. Stat. (2010). In addition to activities enhancing economic
development, FDFC has express statutory authority to issue bonds for programs
authorized under the PACE Act, as set forth in section
163.08, Florida Statutes
(2014)....
...On February 27, 2014, the FDFC
filed its complaint in the circuit court of the Second Judicial Circuit in Leon
County seeking to determine the validity of a series of bonds proposed to be issued
under the PACE Act. The bond funds are to be used to pay for qualifying
improvements under section 163.08, Florida Statutes, which improvements are
carried out by approved private contractors....
...-6-
agreement to be executed by the property owners for the PACE improvements and
assessments.
The master bond resolution states that FDFC’s HERO Program bonds shall
serve the public purposes described in the Florida PACE Act, section 163.08(1),
Florida Statutes, and promote economic development in the state, thereby
benefitting the citizens....
...the order to show cause that the assessment scheme in the bond documents
includes an unlawful remedy, in that the financing agreement includes language
allowing for judicial foreclosure as a remedy for nonpayment of the special non-ad
valorem assessments. Section
163.08, Florida Statutes, under which FDFC seeks
to pledge the assessments for repayment, sets forth specific requirements for
collection of assessments limited to the “uniform method” of collection in section
197.3632, Florida Statutes....
...Moreover, the
record established that FDFC intends to execute interlocal agreements to provide
for implementation of the PACE program in localities that choose to participate,
and those local governments will levy and collect the non-ad valorem special
assessments at issue here. Section 163.08(3) specifically states that the local
government may impose the PACE assessments....
...approved by the FDFC board and attached to the complaint.
We agree with Reynolds, and with FDFC, that FDFC does not have
authority under the PACE Act to levy the special non-ad valorem assessments
called for under the Act. First, and foremost, section 163.08(3), Florida Statutes
(2014), specifically authorizes the local government to levy the non-ad valorem
assessments....
...same bill as property taxes.” The master bond resolution also states that the
assessments shall be collected pursuant to the “Uniform Assessment Collection
Act.” Reference to the uniform method of collection also appears in the form
interlocal agreement.
Section
163.08(4), Florida Statutes, expressly provides in pertinent part that
“[c]osts incurred by the local government for such purpose may be collected as a
non-ad valorem assessment. A non-ad valorem assessment shall be collected
pursuant to s.
197.3632 . . . .” §
163.08(4), Fla....
...ment loans to private
property owners to finance certain qualifying improvements to their homes—
specifically, improvements that involve energy conservation and efficiency,
renewable energy, and wind resistance (i.e., hurricane mitigation). See §
163.08(2)(b), Fla....
CopyPublished | Supreme Court of Florida | 2015 WL 5996764
...olitic in the State of Florida. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const. The purpose of the bonds is to finance qualifying improvements pursuant to the Property Assessed Clean Energy Act (PACE Act), established by the Legislature in section 163.08, Florida Statutes (2014)....
...Florida. See §
288.9604, Fla. Stat. (1993); §
288.9604(1), Fla. Stat. (2010). In addition to activities enhancing economic development, FDFC has express statutory authority to issue bonds for programs authorized under the PACE Act, as set forth in section
163.08, Florida Statutes (2014)....
...On February 27, 2014, the FDFC filed its complaint in the circuit court of the Second Judicial Circuit in Leon County seeking to determine the validity of a series of bonds proposed to be issued under the PACE Act. The bond funds are to be used to pay for qualifying improvements under section 163.08, Florida Statutes, which improvements are carried out by approved private contractors....
...ue, and a form financing agreement to be executed by the property owners for the PACE improvements and assessments. The master bond resolution states that FDFC’s HERO Program bonds shall serve the public purposes described in the Florida PACE Act, section 163.08(1), Florida Statutes, and promote economic development in the state, thereby benefítting the citizens....
...der to show cause that the assessment scheme in the bond documents includes an unlawful remedy, in that the financing agreement includes language allowing for judicial foreclosure as a remedy for nonpayment of the special non-ad valorem assessments. Section 163.08, Florida Stat *1264 utes, under which FDFC seeks to pledge the assessments for repayment, sets forth specific requirements for collection of assessments limited to the “uniform method” of collection in section Í97.3632, Florida Statutes....
...Moreover, the record established that FDFC intends to execute interlocal agreements to provide for implementation of the PACE program in localities that choose to participate, and those local governments will levy and collect the non-ad valorem special assessments at issue here. Section 163.08(3) specifically states that the local government may impose the PACE assessments....
...e approved by the FDFC board and attached to the complaint. We agree with . Reynolds, and with FDFC, that FDFC does not have authority under the PACE Act’to levy the special non-ad valorem assessments called for under the Act. First, and foremost, section 163.08(3), Florida Statutes (2014), specifically authorizes the local government to levy the non-ad valorem assessments....
...s property taxes.” The master bond resolution also states that the assessments shall be collected pursuant to the “Uniform Assessment Collection Act.” Reference to the uniform method of collection also appears in the form interlocal agreement. Section
163.08(4), Florida Statutes, expressly provides in pertinent part that “[c]osts incurred by the local government for such purpose may be collected as a *1269 non-ad valorem assessment. A non-ad valorem assessment shall be collected pursuant to s.
197.3632....” §
163.08(4), Fla....
...We direct that the amended documents. be filed in the circuit court following approval of the amendments by the governing board of the FDFC. It is so ordered. PARIENTE, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur. LEWIS, J., concurs in result only with an opinion. . Although section 163.08, Florida Statutes, does not use the terms "PACE” or "Property Assessed Clean Energy,” these terms are commonly used to refer to programs providing for retrofitting improved properties with energy and wind protection improvements, such as Florida’s program....
CopyPublished | Supreme Court of Florida | 40 Fla. L. Weekly Supp. 520, 2015 Fla. LEXIS 2116, 2015 WL 5727810
...es located in Miami-Dade County,
Florida.2 Clean Energy is a separate legal entity from the municipalities that
created it, and its purpose is to finance through the issuance of bonds certain
qualifying improvements to real property authorized by section 163.08, Florida
Statutes, commonly referred to as the Property Assessed Clean Energy (PACE)
Act.
Participation in Clean Energy’s PACE Program by property owners within
the area covered by the interlocal agreement is voluntary, an...
...property owners agree to the imposition of non-ad valorem assessments on the
benefitted property. The PACE Act requires these non-ad valorem assessments to
be collected on the tax bill pursuant to the uniform method of collection authorized
by section
197.3632, Florida Statutes. See §
163.08(4), Fla....
...form
method. See generally §
197.3632, Fla. Stat. (providing for the collection of
assessments on the same bill as property taxes and for the issuance and sale of tax
certificates and, ultimately, tax deeds if assessments are not paid); see also §
163.08(4), Fla....
CopyAgo (Fla. Att'y Gen. 2010).
Published | Florida Attorney General Reports
of St. Lucie County, 5 the county relies on section
163.08, Florida Statutes, for authority to undertake
CopyPublished | Florida 2nd District Court of Appeal
...It finances energy conservation and hurricane
"hardening" improvements on residential and commercial properties.
Property owners may use FPFA financing to cover 100% of the costs for
eligible projects, including equipment, materials, and labor. FPFA
approves the companies that install those improvements. Section
163.08(3) then authorizes an entity like FPFA to levy non-ad valorem
assessments to collect the cost of those improvements from the property
owner over time.
The County (like other counties in Florida) has used its home rule
powers under...
...or
program implemented by any other local government in Florida,
unless in all respects voluntarily agreed otherwise by [FPFA]
from time to time.
The additional supplemental authority and nonderogation
provisions of sections 163.08(1) and (16), Florida Statutes,
1 The County was not a named party in the bond validation action
and contends that it had no notice of that lawsuit before the entry of the
judgment....
