Florida Senate - 2020                                     SB 824
       By Senator Hooper
       16-00604C-20                                           2020824__
    1                        A bill to be entitled                      
    2         An act relating to clean energy programs; amending s.
    3         163.08, F.S.; creating the Property Assessed Clean
    4         Energy (PACE) Act; providing a short title; revising
    5         legislative findings; defining terms; authorizing a
    6         property owner to apply to a local government or an
    7         approved PACE administrator to finance a qualifying
    8         improvement and enter into a PACE loan contract with
    9         such government or administrator; authorizing a local
   10         government to enter into a certain agreement with a
   11         PACE administrator; specifying that a local government
   12         or a PACE administrator may enter into a PACE loan
   13         contract only with the record owner of a qualifying
   14         commercial or residential real property; removing a
   15         requirement for constructive notice; requiring that a
   16         local government determine that the property owner has
   17         not filed for bankruptcy within a specified number of
   18         years before entering into a PACE loan contract;
   19         providing the lien position of a PACE loan; providing
   20         requirements for financing a qualifying residential
   21         real property; providing requirements for and
   22         restrictions on PACE loan contracts; prohibiting a
   23         local government, a PACE administrator, or a PACE loan
   24         contractor from entering into a PACE loan contract
   25         with the property owner of qualifying residential real
   26         property until verification of the property owner’s
   27         ability to repay the loan; providing requirements for
   28         such verification; authorizing certain methods of
   29         verification; defining terms; providing procedural
   30         requirements for a local government or a PACE
   31         administrator in a certain telephone conversation with
   32         the owner of qualifying residential real property
   33         before the execution by the owner of a PACE contract
   34         and the commencement of any installation of any energy
   35         improvement; providing screening requirements for
   36         income-eligible households that apply for a PACE loan
   37         on qualifying residential real property; requiring a
   38         financing estimate and disclosure form to be provided
   39         to the property owner, subject to certain
   40         requirements; providing the right to cancel a PACE
   41         loan contract and requiring a disclosure statement to
   42         be provided to the property owner relating to such
   43         right, subject to certain requirements; prohibiting
   44         PACE administrators and contractors from engaging in
   45         certain practices; removing provisions relating to the
   46         non-ad valorem assessment of property; removing
   47         provisions requiring the property owner to provide
   48         certain notice to the holders or loan servicers of any
   49         existing mortgages encumbering or secured by the
   50         property; prohibiting a local government or a PACE
   51         administrator from entering into a PACE loan contract
   52         under certain circumstances; prohibiting the making of
   53         a PACE loan unless the qualifying property owner, the
   54         local government, or the PACE administrator receives
   55         certain signed confirmation from the holder of any
   56         mortgage on the qualifying real property; providing
   57         certain claims and defenses for a subsequent owner of,
   58         a successor in interest to, or any person obligated to
   59         pay the property taxes on qualifying residential real
   60         property encumbered by a PACE lien; requiring PACE
   61         administrators to comply with the Servicemembers Civil
   62         Relief Act; prohibiting the waiver of specified
   63         rights; providing remedies for an owner of qualifying
   64         residential real property aggrieved by specified
   65         violations; requiring that a seller give the
   66         prospective purchaser a certain written disclosure
   67         statement by the time the seller, rather than the
   68         purchaser, executes a contract for the sale of a
   69         certain property; providing an effective date.
   71  Be It Enacted by the Legislature of the State of Florida:
   73         Section 1. Section 163.08, Florida Statutes, is amended to
   74  read:
   75         163.08 Property Assessed Clean Energy Act Supplemental
   76  authority for improvements to real property.—
   77         (1)SHORT TITLE.—This section may be cited as the “Property
   78  Assessed Clean Energy Act” or the “PACE Act.”
   79         (2)(a)(1)(a)LEGISLATIVE FINDINGS.—In chapter 2008-227,
   80  Laws of Florida, the Legislature amended the energy goal of The
   81  state comprehensive plan provides to provide, in part, that the
   82  state shall reduce its energy requirements through enhanced
   83  conservation and efficiency measures in all end-use sectors and
   84  reduce atmospheric carbon dioxide by promoting an increased use
   85  of renewable energy resources. That act also declared It is the
   86  public policy of the state to play a leading role in developing
   87  and instituting energy management programs that promote energy
   88  conservation, energy security, and the reduction of greenhouse
   89  gases. In addition to establishing policies to promote the use
   90  of renewable energy, the Legislature provided for a schedule of
   91  increases in energy performance of buildings subject to the
   92  Florida Energy Efficiency Code for Building Construction. In
   93  chapter 2008-191, Laws of Florida, The Legislature adopted new
   94  energy conservation and greenhouse gas reduction comprehensive
   95  planning requirements for local governments and,. in the 2008
   96  general election, the voters of this state approved a
   97  constitutional amendment authorizing the Legislature, by general
   98  law, to prohibit consideration of any change or improvement made
   99  for the purpose of improving a property’s resistance to wind
  100  damage or the installation of a renewable energy source device
  101  in the determination of the assessed value of residential real
  102  property.
  103         (b) The Legislature finds that all energy-consuming
  104  improved properties that are not using energy conservation
  105  strategies contribute to the burden affecting all improved
  106  property resulting from fossil fuel energy production. Improved
  107  property that has been retrofitted with energy-related
  108  qualifying improvements receives the special benefit of
  109  alleviating the property’s burden from energy consumption. All
  110  improved properties not protected from wind damage by wind
  111  resistance qualifying improvements contribute to the burden
  112  affecting all improved property resulting from potential wind
  113  damage. Improved property that has been retrofitted with wind
  114  resistance qualifying improvements receives the special benefit
  115  of reducing the property’s burden from potential wind damage.
  116  Further, the installation and operation of qualifying
  117  improvements not only benefit the affected properties for which
  118  the improvements are made, but also assist in fulfilling the
  119  goals of the state’s energy and hurricane mitigation policies.
  120  In order to make qualifying improvements more affordable and
  121  assist property owners who wish to undertake such improvements,
  122  the Legislature finds that there is a compelling state interest
  123  in enabling property owners to voluntarily finance such
  124  improvements with local government assistance.
  125         (c) The Legislature determines that the actions authorized
  126  under this section, including, but not limited to, PACE loans
  127  for the financing of qualifying improvements through the
  128  execution of loan contracts financing agreements and the related
  129  imposition of voluntary assessments, are reasonable and
  130  necessary to serve and achieve a compelling state interest and
  131  are necessary for the prosperity and welfare of the state and
  132  its property owners and inhabitants.
  133         (3)(2)DEFINITIONS.—As used in this section, the term:
  134         (a) “Local government” means a county, a municipality, a
  135  dependent special district as defined in s. 189.012, or a
  136  separate legal entity created pursuant to s. 163.01(7).
  137         (b)“PACE administrator” means an entity with whom a local
  138  government contracts to administer a PACE program.
  139         (c)“PACE contractor” means a person who installs
  140  qualifying improvements under this section.
  141         (d)“PACE loan” means financing offered to an owner of
  142  qualifying commercial or residential real property for a
  143  qualifying improvement which is repayable through a non-ad
  144  valorem assessment.
  145         (e)“PACE loan contract” means the legal agreement between
  146  a local government, a PACE administrator, or a PACE contractor
  147  and a qualifying property owner which contains the terms and
  148  conditions of a PACE loan.
  149         (f)“Qualifying commercial real property” means a
  150  multifamily residential, commercial, or industrial building that
  151  a local government has determined may be benefited by
  152  installation of a qualifying improvement.
  153         (g)(b) “Qualifying improvement” includes any:
  154         1. Energy conservation and efficiency improvement, which is
  155  a measure that reduces to reduce consumption through
  156  conservation or a more efficient use of electricity, natural
  157  gas, propane, or other forms of energy on the property,
  158  including, but not limited to, air sealing; installation of
  159  insulation; installation of energy-efficient heating, cooling,
  160  or ventilation systems; building modifications to increase the
  161  use of daylight; replacement of windows; installation of energy
  162  controls or energy recovery systems; installation of electric
  163  vehicle charging equipment; and installation of efficient
  164  lighting equipment.
  165         2. Renewable energy improvement, which is the installation
  166  of any system in which the electrical, mechanical, or thermal
  167  energy is produced from a method that uses one or more of the
  168  following fuels or energy sources: hydrogen, solar energy,
  169  geothermal energy, bioenergy, or and wind energy.
  170         3. Wind resistance improvement, which includes, but is not
  171  limited to:
  172         a. Improving the strength of the roof deck attachment;
  173         b. Creating a secondary water barrier to prevent water
  174  intrusion;
  175         c. Installing wind-resistant shingles;
  176         d. Installing gable-end bracing;
  177         e. Reinforcing roof-to-wall connections;
  178         f. Installing storm shutters; or
  179         g. Installing opening protections.
  180         (h)“Qualifying residential real property” means a single
  181  family residential building that the local government has
  182  determined may be benefited by installation of a qualifying
  183  improvement.
  185         (a) A local government may levy non-ad valorem assessments
  186  to fund qualifying improvements.
  187         (b)(4) Subject to local government ordinance or resolution,
  188  a property owner may apply to the local government or an
  189  approved PACE administrator for funding to finance a qualifying
  190  improvement and enter into a PACE loan contract financing
  191  agreement with the local government or the PACE administrator.
  192  Costs incurred by the local government for such purpose may be
  193  collected as a non-ad valorem assessment. A non-ad valorem
  194  assessment must shall be collected pursuant to s. 197.3632 and,
  195  notwithstanding s. 197.3632(8)(a), is shall not be subject to
  196  discount for early payment. However, the notice and adoption
  197  requirements of s. 197.3632(4) do not apply if this section is
  198  used and complied with, and the intent resolution, publication
  199  of notice, and mailed notices to the property appraiser, tax
  200  collector, and Department of Revenue required by s.
  201  197.3632(3)(a) may be provided on or before August 15 in
  202  conjunction with any non-ad valorem assessment authorized by
  203  this section, if the property appraiser, tax collector, and
  204  local government agree.
  205         (c)(5) Pursuant to this section or as otherwise provided by
  206  law or pursuant to a local government’s home rule power, a local
  207  government may enter into a partnership with one or more local
  208  governments for the purpose of providing and financing
  209  qualifying improvements.
  210         (d)(6)A local government may enter into an agreement with
  211  a PACE administrator to administer the PACE Act A qualifying
  212  improvement program may be administered by a for-profit entity
  213  or a not-for-profit organization on behalf of and at the
  214  discretion of the local government.
  215         (e)(7) A local government may incur debt for the purpose of
  216  providing such improvements, payable from revenues received from
  217  the improved property, or any other available revenue source
  218  authorized by law.
  219         (f)(8) A local government or a PACE administrator, as
  220  applicable, may enter into a PACE loan contract financing
  221  agreement only with the record owner of the qualifying
  222  commercial or residential real affected property. Any PACE loan
  223  contract financing agreement entered into pursuant to this
  224  section or a summary memorandum of such contract must agreement
  225  shall be recorded in the public records of the county within
  226  which the property is located by the sponsoring unit of local
  227  government within 5 days after execution of the PACE loan
  228  contract agreement. The recorded agreement shall provide
  229  constructive notice that the assessment to be levied on the
  230  property constitutes a lien of equal dignity to county taxes and
  231  assessments from the date of recordation.
  232         (5)(9)PROGRAM REQUIREMENTS.—Before entering into a PACE
  233  loan contract financing agreement, the local government shall
  234  reasonably determine that:
  235         (a) All property taxes and any other assessments levied on
  236  the same bill as property taxes are paid and have not been
  237  delinquent for the preceding 3 years or the property owner’s
  238  period of ownership, whichever is less.;
  239         (b)that There are no involuntary liens, including, but not
  240  limited to, construction liens on the property.;
  241         (c)that No notices of default or other evidence of
  242  property-based debt delinquency have been recorded during the
  243  preceding 3 years or the property owner’s period of ownership,
  244  whichever is less.; and
  245         (d)that The property owner is current on all mortgage debt
  246  on the property.
  247         (e)The property owner has not filed for bankruptcy
  248  protection within the preceding 3 years.
  249         (6)PACE LOAN LIEN POSITION.—Notwithstanding any law to the
  250  contrary, a PACE loan is:
  251         (a)Subordinate to all liens on the qualifying real
  252  property recorded before the notice of the PACE lien is
  253  recorded.
  254         (b)Subordinate to a first mortgage on the qualifying real
  255  property recorded after the notice of the PACE lien is recorded.
  256         (c)Superior to any lien on the qualifying real property
  257  recorded after the notice of the PACE lien is recorded.
  259  local government shall verify that:
  260         (a)The maturity date of the PACE loan does not exceed the
  261  useful life of the qualifying improvement, as determined by the
  262  local government; however, a loan term may not exceed 15 years.
  263         (b)The PACE loan amount does not exceed the lesser of 15
  264  percent of the assessed value of the real property on which the
  265  qualifying improvement will be installed or the actual cost of
  266  all qualifying improvements on the property, including the labor
  267  to install the improvements, and any equipment or materials used
  268  to install the improvements.
  269         (c)The combined debt of existing mortgages and the PACE
  270  loan amount does not exceed 75 percent of the assessed value of
  271  the real property.
  273  PROPERTY.—
  274         (a)A residential PACE loan contract must:
  275         1.Be in writing and contain all the terms and conditions
  276  of the PACE loan.
  277         2.Be signed by the owner of qualifying residential real
  278  property.
  279         3.Be written in the language in which the contract was
  280  negotiated.
  281         4.Offer a fixed simple interest rate.
  282         5.Charge an interest rate that does not exceed any limits
  283  imposed by law.
  284         6.Fully amortize the debt obligation.
  285         7.Authorize prepayment of some or all of the PACE loan
  286  balance with no penalty, fee, or other charge for such
  287  prepayment.
  288         8.Include the right to cancel, as provided in subsection
  289  (13).
  290         (b)A residential PACE loan contract may not:
  291         1.Result at any time in negative amortization;
  292         2.Charge any interest upon interest or fees; or
  293         3.Contain any provision requiring forced arbitration or
  294  restricting class action.
  296         (a)The local government, PACE administrator, or PACE loan
  297  contractor may not enter into a PACE loan contract with the
  298  property owner of qualifying residential real property until it
  299  verifies that the property owner has the ability to repay the
  300  loan by determining that the:
  301         1.Property owner’s total monthly debt to total monthly
  302  income ratio at the time the loan is executed does not exceed 43
  303  percent, including the PACE loan.
  304         2.Property owner has sufficient residual income to meet
  305  basic living expenses.
  306         (b)Income, debt, and expenses must be verified by using
  307  third-party records that provide reasonably reliable evidence of
  308  the property owner’s income, debt, and expenses. A PACE
  309  administrator may verify the property owner’s income using a tax
  310  return transcript issued by the Internal Revenue Service. A
  311  local government may also use the following records to verify
  312  the property owner’s income or assets:
  313         1.Copies of the property owner’s tax returns filed with
  314  the Internal Revenue Service;
  315         2.Internal Revenue Service forms used for reporting wages
  316  or tax withholding;
  317         3.Payroll statements;
  318         4.Financial institution records;
  319         5.Records from the property owner’s employer; or
  320         6.Records from any governmental agency stating the
  321  property owner’s income from any benefits or entitlements.
  322         (c)For the purposes of this subsection, the term:
  323         1.“Basic living expenses” includes, but is not limited to,
  324  food and other household necessities; medical expenses,
  325  including premiums, co-pays, and cost of medicine, and other
  326  related expenses; transportation costs, including fuel, auto
  327  insurance, and maintenance; public transportation costs; and
  328  utility expenses.
  329         2.“Residual income” means the property owner’s remaining
  330  income after subtracting the owner’s total monthly debt
  331  obligations from the owner’s total monthly income.
  332         3.“Total monthly debt” means the sum of the property
  333  owner’s monthly debt obligations, such as mortgage-related
  334  obligations, which include all mortgage principal and interest
  335  payments, insurance, property taxes, mortgage guaranty
  336  insurance, and other preexisting fees and assessments, including
  337  the PACE assessment and court-ordered alimony and child support.
  338         4.“Total monthly income” means the sum of the property
  339  owner’s current or reasonably expected income, including any
  340  income from assets and excluding the qualifying residential real
  341  property, including any attached real property, which secures
  342  the PACE loan. Such income may not be derived from temporary
  343  sources of income, illiquid assets, or proceeds derived from the
  344  equity from the qualifying residential real property.
  347         (a) Before the execution by the owner of qualifying
  348  residential real property of a PACE contract and before the
  349  commencement of any installation of any energy improvement, the
  350  local government or the PACE administrator must orally, in a
  351  live, recorded telephone conversation with the owner:
  352         1.Confirm the key terms of the agreement and the scope of
  353  energy improvement work, including, at a minimum:
  354         a.The measures to be installed which are financed by the
  355  PACE loan;
  356         b.The total estimated annual payment;
  357         c.The date the first tax payment will be due;
  358         d.The interest rate expressed as an annual percentage
  359  rate;
  360         e.The term of the loan; and
  361         f.That repayments will be made through the owner’s
  362  property taxes.
  363         2.Verify that the owner understands:
  364         a.The key terms of the agreement;
  365         b.If payments are escrowed, by how much the escrowed
  366  amounts will increase, or, if payments are not escrowed, that
  367  the property owner should save enough money during the year to
  368  cover the increase in property taxes from the PACE loan;
  369         c.That the PACE loan becomes a PACE lien on the owner’s
  370  property and will likely need to be paid off when the house is
  371  sold;
  372         d.The right to cancel a PACE loan contract under
  373  subsection (13);
  374         e.The risk that energy savings from the energy improvement
  375  measures may not equal or exceed the amount of the PACE loan
  376  payments that will be added to the owner’s property taxes;
  377         f.That the owner may encounter difficulty when refinancing
  378  or selling the home; and
  379         g.The risk of a tax lien for failure to pay increased
  380  property taxes or foreclosure for failure to pay increased
  381  escrow payments to the mortgageholder.
  382         (b)A voicemail message does not meet the requirements of
  383  this subsection.
  384         (11)REQUIRED SCREENING.—Before entering into a PACE loan
  385  on qualifying residential real property, income-eligible
  386  households must be screened for eligibility for the
  387  Weatherization Assistance Program or other low-cost or no-cost
  388  programs that may be provided by the Florida Housing Finance
  389  Corporation or the utility company serving the property owner.
  391         (a)A financing estimate and disclosure form or a
  392  substantially equivalent form that displays the same information
  393  in a substantially similar format must be provided to the
  394  property owner at least 3 business days before the PACE loan
  395  contract is signed. The disclosure form must contain the
  396  following statement:
  397         Payments on the PACE loan contract will be made
  398         through taxes assessed on your property. If your
  399         property taxes are paid through an escrow account,
  400         your mortgage lender may apportion the amount and add
  401         it to your monthly payment. You may be required to pay
  402         off the remaining balance of the PACE loan before you
  403         can sell or refinance your property. If your property
  404         tax payment is late, the enforcement and collection
  405         procedures in the Florida Uniform Assessment
  406         Collection Act may be used for the sale of a tax
  407         certificate for your property and the ultimate sale of
  408         your property for the payment of the delinquent
  409         assessment installments, associated penalties,
  410         interest, and other costs.
  412         (b)The disclosure form also must contain cost and fee
  413  information, including, but not limited to, product costs,
  414  financing costs, annual interest rates, and administrative fees,
  415  and a customer service toll-free telephone number and e-mail
  416  address to address customer complaints.
  418         (a)A local government may not permit a property owner to
  419  enter into a PACE loan contract pursuant to this section unless
  420  the property owner is given the right to cancel the PACE loan
  421  contract.
  422         (b)The property owner must receive the right to cancel
  423  within 3 business days after the owner has signed the contract,
  424  received the financing estimate and disclosure, or received the
  425  notice of right to cancel, whichever is latest.
  426         (c)The property owner must be provided with a notice of
  427  cancellation form or a substantially similar form that contains
  428  the same information in a similar format. The form must be
  429  provided to the property owner as a separate, printed document
  430  in at least 12-point type and must contain the following
  431  statement:
  432         To cancel the PACE loan contract you must mail or
  433         otherwise deliver a signed and dated copy of this form
  434         to (insert name of the PACE administrator) at (insert
  435         physical address or, if the PACE administrator accepts
  436         electronic cancellations, the e-mail address of the
  437         PACE administrator). You do not have to use this form,
  438         but you must notify (insert the name of the PACE
  439         administrator) in writing at (insert physical address
  440         or, if the PACE administrator accepts electronic
  441         cancellations, the e-mail address of the PACE
  442         administrator) of your intention to cancel. If you
  443         cancel, any payments made by you under this contract
  444         will be returned within 20 business days after the
  445         PACE administrator receives this form.
  447         (d)When an owner of qualifying residential real property
  448  cancels a PACE loan, the owner is not liable for any amount,
  449  including any finance charge, fee, or other charge.
  450         (e)The right to cancel as provided under this subsection
  451  may not be waived.
  452         (14)PROHIBITED PRACTICES.—A PACE administrator or PACE
  453  contractor may not do any of the following:
  454         (a)Make any representations of increased value to a
  455  property owner as a result of improvements made in connection
  456  with the loan.
  457         (b)Make any false, deceptive, abusive, or misleading
  458  statement or material omission in connection with a PACE loan,
  459  including, but not limited to, any statement that a PACE loan is
  460  a free form of public assistance or a government program, that a
  461  PACE loan will be repaid by the subsequent owner of the
  462  qualifying residential property, that the improvements will pay
  463  for themselves, or that the property owner will receive tax
  464  benefits from the program.
  465         (c)Begin construction work before the expiration of the
  466  cancellation period following the execution of a PACE loan
  467  contract.
  468         (d)Charge the property owner a different price than would
  469  be charged for similar improvements that are not financed
  470  through a PACE loan.
  471         (e)Disclose or permit disclosure to a PACE contractor or a
  472  third party engaged in soliciting assessment contracts of the
  473  amount of the PACE loan financing for which a property owner is
  474  eligible.
  475         (f)Offer or provide direct or indirect monetary payments;
  476  any other form of compensation, incentive, kickback, or
  477  inducement; or any other thing of value to a PACE contractor to
  478  offer, favor, or refer a property owner to a PACE loan over
  479  other forms of financing or credit.
  480         (g)Sell, assign, or otherwise convey a PACE loan debt to a
  481  debt buyer.
  483         (a)(10) A qualifying improvement must shall be affixed to a
  484  building or facility that is part of the property and
  485  constitutes shall constitute an improvement to the building or
  486  facility or a fixture attached to the building or facility. An
  487  agreement between a local government and a qualifying property
  488  owner may not cover wind-resistance improvements in buildings or
  489  facilities under new construction or construction for which a
  490  certificate of occupancy or similar evidence of substantial
  491  completion of new construction or improvement has not been
  492  issued.
  493         (b)(11) Any work requiring a license under any applicable
  494  law to make a qualifying improvement must shall be performed by
  495  a contractor properly certified or registered pursuant to part I
  496  or part II of chapter 489.
  497         (12)(a)Without the consent of the holders or loan
  498  servicers of any mortgage encumbering or otherwise secured by
  499  the property, the total amount of any non-ad valorem assessment
  500  for a property under this section may not exceed 20 percent of
  501  the just value of the property as determined by the county
  502  property appraiser.
  503         (b)Notwithstanding paragraph (a), a non-ad valorem
  504  assessment for a qualifying improvement defined in subparagraph
  505  (2)(b)1. or subparagraph (2)(b)2. that is supported by an energy
  506  audit is not subject to the limits in this subsection if the
  507  audit demonstrates that the annual energy savings from the
  508  qualified improvement equals or exceeds the annual repayment
  509  amount of the non-ad valorem assessment.
  510         (13)At least 30 days before entering into a financing
  511  agreement, the property owner shall provide to the holders or
  512  loan servicers of any existing mortgages encumbering or
  513  otherwise secured by the property a notice of the owner’s intent
  514  to enter into a financing agreement together with the maximum
  515  principal amount to be financed and the maximum annual
  516  assessment necessary to repay that amount. A verified copy or
  517  other proof of such notice shall be provided to the local
  518  government. A provision in any agreement between a mortgagee or
  519  other lienholder and a property owner, or otherwise now or
  520  hereafter binding upon a property owner, which allows for
  521  acceleration of payment of the mortgage, note, or lien or other
  522  unilateral modification solely as a result of entering into a
  523  financing agreement as provided for in this section is not
  524  enforceable. This subsection does not limit the authority of the
  525  holder or loan servicer to increase the required monthly escrow
  526  by an amount necessary to annually pay the qualifying
  527  improvement assessment.
  529         (a)A local government or a PACE administrator may not
  530  enter into a PACE loan contract with a qualifying owner unless
  531  the owner, the local government, or the PACE administrator has:
  532         1.Provided written notice to each of the holders of any
  533  mortgage on the qualifying residential or commercial real
  534  property that the property owner intends to enter into a PACE
  535  loan contract; and
  536         2.Obtained a verified written consent from each of the
  537  holders of any mortgage on the qualifying residential or
  538  commercial real property.
  539         (b)A PACE loan may not be made unless the qualifying
  540  property owner, the local government, or the PACE administrator
  541  receives signed confirmation from the holder of any mortgage on
  542  the qualifying real property that entering into the PACE loan
  543  contract does not constitute an event of default or give rise to
  544  any remedies under the terms of the mortgage loan or other
  545  contractual agreement.
  546         (17)PRESERVATION OF CLAIMS AND DEFENSES.—A subsequent
  547  owner of, a successor in interest to, or any person obligated to
  548  pay the property taxes on qualifying residential real property
  549  encumbered by a PACE lien may assert all claims and defenses
  550  against a PACE administrator or servicer of a PACE loan which
  551  the owner of qualifying residential real property who originally
  552  entered into the PACE loan could assert against the original
  553  PACE administrator or servicer of a PACE loan.
  554         (18)RELATION TO OTHER LAWS.—A PACE administrator must
  555  comply with the Servicemembers Civil Relief Act, 50 U.S.C. ss.
  556  3901 et seq. The rights granted under that act may not be
  557  waived.
  558         (19)REMEDIES.—In addition to remedies under the Florida
  559  Deceptive and Unfair Trade Practices Act, any owner of
  560  qualifying residential real property aggrieved by a violation of
  561  this section is entitled to actual, incidental, and
  562  consequential damages; reasonable attorney fees; investigative
  563  and court costs; and any other equitable relief as determined by
  564  the court against the local government, the PACE administrator,
  565  or the PACE contractor.
  567  before the time a seller purchaser executes a contract for the
  568  sale and purchase of any property for which a non-ad valorem
  569  assessment has been levied under this section and has an unpaid
  570  balance due, the seller shall give the prospective purchaser a
  571  written disclosure statement in the following form, which shall
  572  be set forth in the contract or in a separate writing:
  575         RENEWABLE ENERGY, OR WIND RESISTANCE.—The property
  576         being purchased is located within the jurisdiction of
  577         a local government that has placed an assessment on
  578         the property pursuant to s. 163.08, Florida Statutes.
  579         The assessment is for a qualifying improvement to the
  580         property relating to energy efficiency, renewable
  581         energy, or wind resistance, and is not based on the
  582         value of property. You are encouraged to contact the
  583         county property appraiser’s office to learn more about
  584         this and other assessments that may be provided by
  585         law.
  587         (21)(15)ENFORCEABILITY.—A provision in any agreement
  588  between a local government and a public or private power or
  589  energy provider or other utility provider is not enforceable to
  590  limit or prohibit any local government from exercising its
  591  authority under this section.
  592         (22)(16)HOME RULE AUTHORITY.—This section is additional
  593  and supplemental to county and municipal home rule authority and
  594  not in derogation of such authority or a limitation upon such
  595  authority.
  596         Section 2. This act shall take effect July 1, 2020.