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. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 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 ofchapter 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: 98 99 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 100 RENEWABLE ENERGY, ORWIND RESISTANCE, OR WATER 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, orwind 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.