163.08 Definitions.—As used in ss. 163.081-163.087, the term:
(1) “Commercial property” means real property other than residential property. The term includes, but is not limited to, a property zoned multifamily residential which is composed of five or more dwelling units; and real property used for commercial, industrial, or agricultural purposes.
(2) “Program administrator” means a county, a municipality, a dependent special district as defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7) which directly operates a program for financing qualifying improvements and is authorized pursuant to s. 163.081 or s. 163.082.
(3) “Property owner” means the owner or owners of record of real property. The term includes real property held in trust for the benefit of one or more individuals, in which case the individual or individuals may be considered as the property owner or owners, provided that the trustee provides written consent. The term does not include persons renting, using, living, or otherwise occupying real property.
(4) “Qualifying improvement” means the following permanent improvements located on real property within the jurisdiction of an authorized financing program:
(a) For improvements on residential property:
1. Repairing, replacing, or improving a central sewerage system; 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.
2. Repairing, replacing, or improving a roof, including improvements that strengthen the roof deck attachment; create a secondary water barrier to prevent water intrusion; install wind-resistant shingles or gable-end bracing; or reinforce roof-to-wall connections.
3. 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 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.
4. Replacing windows or doors, including garage doors, with energy-efficient, impact-resistant, wind-resistant, or hurricane windows or doors or installing storm shutters.
5. Installing energy-efficient heating, cooling, or ventilation systems.
6. Replacing or installing insulation.
7. Replacing or installing energy-efficient water heaters.
8. Installing and affixing a permanent generator.
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.
(b) For installing or constructing improvements on commercial property:
1. Waste system improvements, which consists of repairing, replacing, improving, or constructing a central sewerage system; 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.
2. Making resiliency improvements, which includes but is not limited to:
a. Repairing, replacing, improving, or constructing a roof, including improvements that strengthen the roof deck attachment;
b. Creating a secondary water barrier to prevent water intrusion;
c. Installing wind-resistant shingles or gable-end bracing;
d. Reinforcing roof-to-wall 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 elevation to reduce flood damage; creating or improving stormwater and flood resiliency, including flood diversion apparatus, drainage gates, or shoreline improvements; purchasing flood-damage-resistant building materials; or making any other improvements necessary to achieve a sustainable building rating 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.
3. Energy conservation and efficiency improvements, which are measures to reduce consumption through efficient use or conservation of electricity, natural gas, propane, or other forms of energy, including but not limited to, air sealing; installation of insulation; installation of energy-efficient heating, cooling, or ventilation systems; building modification to increase the use of daylight; window replacement; windows; energy controls or energy recovery systems; installation of electric vehicle charging equipment; installation of efficient lighting equipment; or any other improvements necessary to achieve a sustainable building rating or compliance with a national model green building code.
4. Renewable energy improvements, 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.
5. 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. 163.081.
(6) “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.
...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....
...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....
companies that install those improvements. Section 163.08(3) then authorizes an entity like FPFA to levy
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
