Florida Senate - 2019                                     SB 282
       By Senator Albritton
       26-00854-19                                            2019282__
    1                        A bill to be entitled                      
    2         An act relating to property-assessed clean
    3         environment; amending s. 163.08, F.S.; providing
    4         findings related to improvements to onsite sewage and
    5         treatment systems; amending the definition of
    6         “qualifying improvements” to include sewage treatment
    7         improvements; adding registered septic tank
    8         contractors to the list of contractors authorized to
    9         make or install a qualifying improvement; revising the
   10         contract language to be provided to a prospective
   11         purchaser if a qualifying improvement has been made on
   12         a property; providing an effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (b) of subsection (1), paragraph (b)
   17  of subsection (2), and subsections (11) and (14) of section
   18  163.08, Florida Statutes, are amended to read:
   19         163.08 Supplemental authority for improvements to real
   20  property.—
   21         (1)
   22         (b) The Legislature finds that all energy-consuming
   23  improved properties that are not using energy conservation
   24  strategies contribute to the burden affecting all improved
   25  property resulting from fossil fuel energy production. Improved
   26  property that has been retrofitted with energy-related
   27  qualifying improvements receives the special benefit of
   28  alleviating the property’s burden from energy consumption. All
   29  improved properties not protected from wind damage by wind
   30  resistance qualifying improvements contribute to the burden
   31  affecting all improved property resulting from potential wind
   32  damage. Improved property that has been retrofitted with wind
   33  resistance qualifying improvements receives the special benefit
   34  of reducing the property’s burden from potential wind damage.
   35  Further, the installation and operation of qualifying
   36  improvements not only benefit the affected properties for which
   37  the improvements are made, but also assist in fulfilling the
   38  goals of the state’s energy and hurricane mitigation policies.
   39  All properties that are not using advanced technologies for
   40  wastewater removal contribute to the water quality problems
   41  affecting the state and particularly the coastal areas. Improved
   42  property that has been retrofitted with an advanced onsite
   43  treatment system or has converted to central sewerage
   44  significantly benefits the quality of water that may enter
   45  streams, lakes, rivers, aquifers, or coastal areas. In order to
   46  make qualifying improvements more affordable and assist property
   47  owners who wish to undertake such improvements, the Legislature
   48  finds that there is a compelling state interest in enabling
   49  property owners to voluntarily finance such improvements with
   50  local government assistance.
   51         (2) As used in this section, the term:
   52         (b) “Qualifying improvement” includes any:
   53         1. Energy conservation and efficiency improvement, which is
   54  a measure to reduce consumption through conservation or a more
   55  efficient use of electricity, natural gas, propane, or other
   56  forms of energy on the property, including, but not limited to,
   57  air sealing; installation of insulation; installation of energy
   58  efficient heating, cooling, or ventilation systems; building
   59  modifications to increase the use of daylight; replacement of
   60  windows; installation of energy controls or energy recovery
   61  systems; installation of electric vehicle charging equipment;
   62  and installation of efficient lighting equipment.
   63         2. Renewable energy improvement, which is the installation
   64  of any system in which the electrical, mechanical, or thermal
   65  energy is produced from a method that uses one or more of the
   66  following fuels or energy sources: hydrogen, solar energy,
   67  geothermal energy, bioenergy, and wind energy.
   68         3. Wind resistance improvement, which includes, but is not
   69  limited to:
   70         a. Improving the strength of the roof deck attachment;
   71         b. Creating a secondary water barrier to prevent water
   72  intrusion;
   73         c. Installing wind-resistant shingles;
   74         d. Installing gable-end bracing;
   75         e. Reinforcing roof-to-wall connections;
   76         f. Installing storm shutters; or
   77         g. Installing opening protections.
   78         4.Sewage treatment improvement, which includes the
   79  replacement of an onsite sewage treatment and disposal system to
   80  an advanced onsite sewage treatment system or the replacement of
   81  an onsite sewage treatment and disposal system to a central
   82  sewerage system. For purposes of this section, the term “onsite
   83  sewage treatment and disposal system” has the same meaning as
   84  provided in s. 381.0065. The term “advanced onsite sewage
   85  treatment” means a system that uses extended aerobic treatment
   86  or is a performance-based treatment system.
   87         (11) Any work requiring a license under any applicable law
   88  to make or install a qualifying improvement shall be performed
   89  by a contractor properly certified or registered pursuant to
   90  part I or part II of chapter 489.
   91         (14) At or before the time a purchaser executes a contract
   92  for the sale and purchase of any property for which a non-ad
   93  valorem assessment has been levied under this section and has an
   94  unpaid balance due, the seller shall give the prospective
   95  purchaser a written disclosure statement in the following form,
   96  which shall be set forth in the contract or in a separate
   97  writing:
  101         QUALITY.—The property being purchased is located
  102         within the jurisdiction of a local government that has
  103         placed an assessment on the property pursuant to s.
  104         163.08, Florida Statutes. The assessment is for a
  105         qualifying improvement to the property relating to
  106         energy efficiency, renewable energy, or wind
  107         resistance, or water quality, and is not based on the
  108         value of property. You are encouraged to contact the
  109         county property appraiser’s office to learn more about
  110         this and other assessments that may be provided by
  111         law.
  112         Section 2. This act shall take effect July 1, 2019.