| 1 | A bill to be entitled |
| 2 | An act relating to qualifying improvements to real |
| 3 | property; creating s. 163.08, F.S.; providing legislative |
| 4 | purposes and findings and intent; providing definitions; |
| 5 | authorizing a local government to levy non-ad valorem |
| 6 | assessments to fund certain improvements; authorizing a |
| 7 | property owner to apply for funding and enter into a |
| 8 | financing agreement with a local government to finance |
| 9 | certain improvements; authorizing a local government to |
| 10 | collect moneys for such purposes through non-ad valorem |
| 11 | assessments, municipal or county liens, or other lawful |
| 12 | methods; providing collection requirements; providing for |
| 13 | discontinuance of utility service under certain |
| 14 | circumstances; authorizing local governments to partner |
| 15 | with other local governments to provide and finance |
| 16 | certain improvements; authorizing a qualifying improvement |
| 17 | program to be administered by a for-profit entity or not- |
| 18 | for-profit organization under certain circumstances; |
| 19 | authorizing a local government to incur debt payable from |
| 20 | revenues received from the improved property; providing a |
| 21 | financing restriction for local governments; specifying |
| 22 | responsibilities for local governments before entering |
| 23 | into financing agreements; requiring qualifying |
| 24 | improvements to be affixed to an existing building or |
| 25 | facility on the property and be performed by a properly |
| 26 | certified or registered contractor; excluding certain |
| 27 | projects from financing agreement coverage; limiting the |
| 28 | amount the just value of the property subject to non-ad |
| 29 | valorem assessments or municipal or county liens; |
| 30 | providing exceptions; specifying information provision |
| 31 | requirements for property owners before entering into |
| 32 | financing agreements; prohibiting acceleration of a |
| 33 | mortgage under certain circumstances; specifying |
| 34 | unenforceability of certain agreement provisions; |
| 35 | providing construction preserving a local government's |
| 36 | home rule authority; providing an effective date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Section 163.08, Florida Statutes, is created to |
| 41 | read: |
| 42 | 163.08 Supplemental authority for improvements to real |
| 43 | property.- |
| 44 | (1)(a) In chapter 2008-227, Laws of Florida, the |
| 45 | Legislature amended the energy goal of the state comprehensive |
| 46 | plan to provide, in part, that the state shall reduce its energy |
| 47 | requirements through enhanced conservation and efficiency |
| 48 | measures in all end-use sectors and shall reduce atmospheric |
| 49 | carbon dioxide by promoting an increased use of renewable energy |
| 50 | resources. That act also declared it the public policy of the |
| 51 | state to play a leading role in developing and instituting |
| 52 | energy management programs that promote energy conservation, |
| 53 | energy security, and reduction of greenhouse gases. In addition |
| 54 | to establishing policies to promote the use of renewable energy, |
| 55 | the Legislature provided for a schedule of increases in energy |
| 56 | performance of buildings subject to the Florida Energy |
| 57 | Efficiency Code for Building Construction. In chapter 2008-191, |
| 58 | Laws of Florida, the Legislature adopted new energy conservation |
| 59 | and greenhouse gas reduction comprehensive planning requirements |
| 60 | for local governments. In the 2008 general election, the voters |
| 61 | of this state approved a constitutional amendment authorizing |
| 62 | the Legislature, by general law, to prohibit consideration of |
| 63 | any change or improvement made for the purpose of improving a |
| 64 | property's resistance to wind damage or the installation of a |
| 65 | renewable energy source device in the determination of the |
| 66 | assessed value of residential real property. |
| 67 | (b) The Legislature finds that all energy-consuming- |
| 68 | improved properties not using energy conservation strategies |
| 69 | contribute to the burden affecting all improved property |
| 70 | resulting from fossil fuel energy production. Improved property |
| 71 | that has been retrofitted with energy-related qualifying |
| 72 | improvements receives the special benefit of alleviating the |
| 73 | property's burden from energy consumption. All improved |
| 74 | properties not protected from wind damage by wind resistance |
| 75 | qualifying improvements contribute to the burden affecting all |
| 76 | improved property resulting from potential wind damage. Improved |
| 77 | property that has been retrofitted with wind resistance |
| 78 | qualifying improvements receives the special benefit of reducing |
| 79 | the property's burden from potential wind damage. Further, the |
| 80 | installation and operation of qualifying improvements not only |
| 81 | benefit the affected properties for which the improvements are |
| 82 | made, but also assist in fulfilling the goals of the state's |
| 83 | energy and hurricane mitigation policies. To make qualifying |
| 84 | improvements more affordable and assist property owners who wish |
| 85 | to undertake such improvements, there is a compelling state |
| 86 | interest in enabling property owners, on a voluntary basis, to |
| 87 | finance such improvements with local government assistance. |
| 88 | (c) The Legislature determines that the actions authorized |
| 89 | under this section, including, but not limited to, the financing |
| 90 | of qualifying improvements through the execution of financing |
| 91 | agreements and the related imposition of voluntary assessments |
| 92 | or charges, are reasonable and necessary to serve and achieve a |
| 93 | compelling state interest and are necessary for the prosperity |
| 94 | and welfare of the state and its property owners and |
| 95 | inhabitants. |
| 96 | (2) As used in this section, the term: |
| 97 | (a) "Local government" means a county, municipality, or |
| 98 | special district. |
| 99 | (b) "Qualifying improvement" includes any: |
| 100 | 1. "Energy conservation and efficiency improvement," which |
| 101 | means a measure to reduce consumption, through conservation or |
| 102 | more efficient use, of electricity, natural gas, propane, or |
| 103 | other forms of energy on the property, including, but not |
| 104 | limited to, air sealing; installation of insulation; |
| 105 | installation of energy-efficient heating, cooling, or |
| 106 | ventilation systems; building modifications to increase the use |
| 107 | of daylight; replacement of windows; installation of energy |
| 108 | controls or energy recovery systems; and installation of |
| 109 | efficient lighting equipment. |
| 110 | 2. "Renewable energy improvement," which means the |
| 111 | installation of any system whose electrical, mechanical, or |
| 112 | thermal energy is produced from a method that uses one or more |
| 113 | of the following fuels or energy sources: hydrogen, solar |
| 114 | energy, geothermal energy, bioenergy, and wind energy. |
| 115 | 3. "Wind resistance improvement," which includes, but is |
| 116 | not limited to: |
| 117 | a. Improving the strength of the roof deck attachment; |
| 118 | b. Creating a secondary water barrier to prevent water |
| 119 | intrusion; |
| 120 | c. Installing wind-resistant shingles; |
| 121 | d. Installing gable-end bracing; |
| 122 | e. Reinforcing roof-to-wall connections; |
| 123 | f. Installing storm shutters; or |
| 124 | g. Installing opening protections. |
| 125 | (3) A local government may levy non-ad valorem assessments |
| 126 | to fund qualifying improvements. |
| 127 | (4) Subject to local government ordinance or resolution, a |
| 128 | property owner may apply to the local government for funding to |
| 129 | finance a qualifying improvement and enter into a financing |
| 130 | agreement with the local government. Costs incurred by the local |
| 131 | government for such purpose may be collected as a non-ad valorem |
| 132 | assessment, by means of a municipal or county lien, or by any |
| 133 | other lawful method. |
| 134 | (a) A non-ad valorem assessment shall be collected |
| 135 | pursuant s. 197.3632. However, the notice and adoption |
| 136 | requirements of s. 197.3632(4) do not apply if this section is |
| 137 | used and complied with, and the initial resolution, publication |
| 138 | of notice, and mailed notices to the property appraiser, tax |
| 139 | collector, and Department of Revenue required by s. |
| 140 | 197.3632(3)(a) may be provided on or before August 15 in |
| 141 | conjunction with any non-ad valorem assessment authorized by |
| 142 | this section, if the property appraiser, tax collector, and |
| 143 | local government agree. |
| 144 | (b) If the financing agreement provides for repayment |
| 145 | through a surcharge on a utility or other municipal service bill |
| 146 | in the form of a municipal lien, the utility provider may |
| 147 | discontinue the delivery of all utility service for nonpayment |
| 148 | of the surcharge. However, the financing agreement must set |
| 149 | forth the terms and costs of such discontinuance of service, |
| 150 | including the period of time of nonpayment of the surcharge |
| 151 | after which the discontinuance of service will be imposed. |
| 152 | (5) Pursuant to this chapter or as otherwise provided by |
| 153 | law or pursuant to a local government's home rule power, a local |
| 154 | government may partner with one or more local governments for |
| 155 | the purpose of providing and financing qualifying improvements. |
| 156 | (6) A qualifying improvement program may be administered |
| 157 | by a for-profit entity or a not-for-profit organization on |
| 158 | behalf of and at the discretion of the local government. |
| 159 | (7) A local government may incur debt for the purpose of |
| 160 | providing such improvements, payable from revenues received from |
| 161 | the improved property, or any other available revenue source |
| 162 | authorized by law. |
| 163 | (8) A local government may enter into a financing |
| 164 | agreement only with the record owner of the affected property. |
| 165 | (9) Before entering into a financing agreement, the local |
| 166 | government shall reasonably determine that all property taxes |
| 167 | and any other assessments levied on the same bill as property |
| 168 | taxes are paid and have not been delinquent for the preceding 3 |
| 169 | years or the property owner's period of ownership, whichever is |
| 170 | less; that there are no involuntary liens, including, but not |
| 171 | limited to, construction liens on the property; that no notices |
| 172 | of default or other evidence of property-based debt delinquency |
| 173 | have been recorded during the preceding 3 years or the property |
| 174 | owner's period of ownership, whichever is less; and that the |
| 175 | property owner is current on all mortgage debt on the property. |
| 176 | (10) A qualifying improvement shall be affixed to an |
| 177 | existing building or facility that is part of the property and |
| 178 | shall constitute an improvement to the building or facility or a |
| 179 | fixture attached to the building or facility. An agreement |
| 180 | between a local government and a qualifying property owner may |
| 181 | not cover projects in buildings or facilities under new |
| 182 | construction or construction for which a certificate of |
| 183 | occupancy or similar evidence of substantial completion of new |
| 184 | construction or improvement has not been issued. |
| 185 | (11) Any work requiring a license under any applicable law |
| 186 | to make a qualifying improvement shall be performed by a |
| 187 | contractor properly certified or registered pursuant to part I |
| 188 | or part II of chapter 489. |
| 189 | (12)(a) Without the consent of the holders or loan |
| 190 | servicers of any mortgage encumbering or otherwise secured by |
| 191 | the property, the total amount of any non-ad valorem assessment |
| 192 | or municipal or county lien for a property under this section |
| 193 | may not exceed 20 percent of the just value of the property as |
| 194 | determined by the county property appraiser. |
| 195 | (b) Notwithstanding paragraph (a), a non-ad valorem |
| 196 | assessment or municipal or county lien for a qualifying |
| 197 | improvement defined in subparagraph (2)(b)1. or subparagraph |
| 198 | (2)(b)2. that is supported by an energy audit is not subject to |
| 199 | the limits in this subsection if the audit demonstrates that the |
| 200 | annual energy savings from the qualified improvement equals or |
| 201 | exceeds the annual repayment amount of the non-ad valorem |
| 202 | assessment or municipal or county lien. |
| 203 | (c) A local government may adopt alternate parameters to |
| 204 | those specified in this subsection to conform to local needs and |
| 205 | conditions after a public hearing and the finding of the need |
| 206 | for such changes due to local needs and conditions. |
| 207 | (13) At least 30 days before entering into a financing |
| 208 | agreement, the property owner shall provide to the holders or |
| 209 | loan servicers of any existing mortgages encumbering or |
| 210 | otherwise secured by the property a notice of the owner's intent |
| 211 | to enter into a financing agreement together with the maximum |
| 212 | principal amount to be financed and the maximum annual |
| 213 | assessment necessary to repay that amount. A provision in any |
| 214 | agreement between a mortgagee or other lienholder and a property |
| 215 | owner, or otherwise now or hereafter binding upon a property |
| 216 | owner, which allows for acceleration of payment of the mortgage, |
| 217 | note, or lien or other unilateral modification solely as a |
| 218 | result of entering into a financing agreement as provided for in |
| 219 | this section is not enforceable. This subsection does not limit |
| 220 | the authority of the holder or loan servicer to increase the |
| 221 | required monthly escrow by an amount necessary to annually pay |
| 222 | the qualifying improvement assessment. |
| 223 | (14) A provision in any agreement between a local |
| 224 | government and a public or private power or energy provider or |
| 225 | other utility provider is not enforceable to limit or prohibit |
| 226 | any local government from exercising its authority under this |
| 227 | section. |
| 228 | (15) This section is additional and supplemental to county |
| 229 | and municipal home rule authority and not in derogation of such |
| 230 | authority or a limitation upon such authority. |
| 231 | Section 2. This act shall take effect upon becoming a law. |