| 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; providing collection requirements; |
| 12 | authorizing local governments to partner with other local |
| 13 | governments to provide and finance certain improvements; |
| 14 | authorizing a qualifying improvement program to be |
| 15 | administered by a for-profit entity or not-for-profit |
| 16 | organization under certain circumstances; authorizing a |
| 17 | local government to incur debt payable from revenues |
| 18 | received from the improved property; providing a financing |
| 19 | restriction for local governments; requiring a financial |
| 20 | agreement to be recorded in a county's public records |
| 21 | within 5 days after execution of the agreement; specifying |
| 22 | responsibilities for local governments before entering |
| 23 | into financing agreements; requiring qualifying |
| 24 | improvements to be affixed to a building or facility on |
| 25 | the property and be performed by a properly certified or |
| 26 | registered contractor; excluding certain projects from |
| 27 | financing agreement coverage; limiting the amount of the |
| 28 | non-ad valorem assessment to a percentage of the just |
| 29 | value of the property; providing exceptions; specifying |
| 30 | information provision requirements for property owners |
| 31 | before entering into financing agreements; prohibiting |
| 32 | acceleration of a mortgage under certain circumstances; |
| 33 | providing assessment disclosure requirements; 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 |
|
| 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 reduce atmospheric carbon |
| 49 | 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 the reduction of greenhouse gases. In |
| 54 | addition to establishing policies to promote the use of |
| 55 | renewable energy, the Legislature provided for a schedule of |
| 56 | increases in energy performance of buildings subject to the |
| 57 | Florida Energy Efficiency Code for Building Construction. In |
| 58 | chapter 2008-191, Laws of Florida, the Legislature adopted new |
| 59 | energy conservation and greenhouse gas reduction comprehensive |
| 60 | planning requirements for local governments. In the 2008 general |
| 61 | election, the voters of this state approved a constitutional |
| 62 | amendment authorizing the Legislature, by general law, to |
| 63 | prohibit consideration of any change or improvement made for the |
| 64 | purpose of improving a property's resistance to wind damage or |
| 65 | the installation of a renewable energy source device in the |
| 66 | determination of the assessed value of residential real |
| 67 | property. |
| 68 | (b) The Legislature finds that all energy-consuming- |
| 69 | improved properties that are not using energy conservation |
| 70 | strategies contribute to the burden affecting all improved |
| 71 | property resulting from fossil fuel energy production. Improved |
| 72 | property that has been retrofitted with energy-related |
| 73 | qualifying improvements receives the special benefit of |
| 74 | alleviating the property's burden from energy consumption. All |
| 75 | improved properties not protected from wind damage by wind |
| 76 | resistance qualifying improvements contribute to the burden |
| 77 | affecting all improved property resulting from potential wind |
| 78 | damage. Improved property that has been retrofitted with wind |
| 79 | resistance qualifying improvements receives the special benefit |
| 80 | of reducing the property's burden from potential wind damage. |
| 81 | Further, the installation and operation of qualifying |
| 82 | improvements not only benefit the affected properties for which |
| 83 | the improvements are made, but also assist in fulfilling the |
| 84 | goals of the state's energy and hurricane mitigation policies. |
| 85 | In order to make qualifying improvements more affordable and |
| 86 | assist property owners who wish to undertake such improvements, |
| 87 | the Legislature finds that there is a compelling state interest |
| 88 | in enabling property owners to voluntarily finance such |
| 89 | improvements with local government assistance. |
| 90 | (c) The Legislature determines that the actions authorized |
| 91 | under this section, including, but not limited to, the financing |
| 92 | of qualifying improvements through the execution of financing |
| 93 | agreements and the related imposition of voluntary assessments |
| 94 | are reasonable and necessary to serve and achieve a compelling |
| 95 | state interest and are necessary for the prosperity and welfare |
| 96 | of the state and its property owners and inhabitants. |
| 97 | (2) As used in this section, the term: |
| 98 | (a) "Local government" means a county, a municipality, or |
| 99 | a dependent special district as defined in s. 189.403. |
| 100 | (b) "Qualifying improvement" includes any: |
| 101 | 1. Energy conservation and efficiency improvement, which |
| 102 | is a measure to reduce consumption through conservation or a |
| 103 | more efficient use of electricity, natural gas, propane, or |
| 104 | other forms of energy on the property, including, but not |
| 105 | limited to, air sealing; installation of insulation; |
| 106 | installation of energy-efficient heating, cooling, or |
| 107 | ventilation systems; building modifications to increase the use |
| 108 | of daylight; replacement of windows; installation of energy |
| 109 | controls or energy recovery systems; installation of electric |
| 110 | vehicle charging equipment; and installation of efficient |
| 111 | lighting equipment. |
| 112 | 2. Renewable energy improvement, which is the installation |
| 113 | of any system in which the electrical, mechanical, or thermal |
| 114 | energy is produced from a method that uses one or more of the |
| 115 | following fuels or energy sources: hydrogen, solar energy, |
| 116 | geothermal energy, bioenergy, and wind energy. |
| 117 | 3. Wind resistance improvement, which includes, but is not |
| 118 | limited to: |
| 119 | a. Improving the strength of the roof deck attachment; |
| 120 | b. Creating a secondary water barrier to prevent water |
| 121 | intrusion; |
| 122 | c. Installing wind-resistant shingles; |
| 123 | d. Installing gable-end bracing; |
| 124 | e. Reinforcing roof-to-wall connections; |
| 125 | f. Installing storm shutters; or |
| 126 | g. Installing opening protections. |
| 127 | (3) A local government may levy non-ad valorem assessments |
| 128 | to fund qualifying improvements. |
| 129 | (4) Subject to local government ordinance or resolution, a |
| 130 | property owner may apply to the local government for funding to |
| 131 | finance a qualifying improvement and enter into a financing |
| 132 | agreement with the local government. Costs incurred by the local |
| 133 | government for such purpose may be collected as a non-ad valorem |
| 134 | assessment. A non-ad valorem assessment shall be collected |
| 135 | pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), |
| 136 | shall not be subject to discount for early payment. However, the |
| 137 | notice and adoption requirements of s. 197.3632(4) do not apply |
| 138 | if this section is used and complied with, and the intent |
| 139 | resolution, publication of notice, and mailed notices to the |
| 140 | property appraiser, tax collector, and Department of Revenue |
| 141 | required by s. 197.3632(3)(a) may be provided on or before |
| 142 | August 15 in conjunction with any non-ad valorem assessment |
| 143 | authorized by this section, if the property appraiser, tax |
| 144 | collector, and local government agree. |
| 145 | (5) Pursuant to this section or as otherwise provided by |
| 146 | law or pursuant to a local government's home rule power, a local |
| 147 | government may enter into a partnership with one or more local |
| 148 | governments for the purpose of providing and financing |
| 149 | qualifying improvements. |
| 150 | (6) A qualifying improvement program may be administered |
| 151 | by a for-profit entity or a not-for-profit organization on |
| 152 | behalf of and at the discretion of the local government. |
| 153 | (7) A local government may incur debt for the purpose of |
| 154 | providing such improvements, payable from revenues received from |
| 155 | the improved property, or any other available revenue source |
| 156 | authorized by law. |
| 157 | (8) A local government may enter into a financing |
| 158 | agreement only with the record owner of the affected property. |
| 159 | Any financing agreement entered into pursuant to this section or |
| 160 | a summary memorandum of such agreement shall be recorded in the |
| 161 | public records of the county within which the property is |
| 162 | located by the sponsoring unit of local government within 5 days |
| 163 | after execution of the agreement. The recorded agreement shall |
| 164 | provide constructive notice that the assessment to be levied on |
| 165 | the property constitutes a lien of equal dignity to county taxes |
| 166 | and assessments from the date of recordation. |
| 167 | (9) Before entering into a financing agreement, the local |
| 168 | government shall reasonably determine that all property taxes |
| 169 | and any other assessments levied on the same bill as property |
| 170 | taxes are paid and have not been delinquent for the preceding 3 |
| 171 | years or the property owner's period of ownership, whichever is |
| 172 | less; that there are no involuntary liens, including, but not |
| 173 | limited to, construction liens on the property; that no notices |
| 174 | of default or other evidence of property-based debt delinquency |
| 175 | have been recorded during the preceding 3 years or the property |
| 176 | owner's period of ownership, whichever is less; and that the |
| 177 | property owner is current on all mortgage debt on the property. |
| 178 | (10) A qualifying improvement shall be affixed to a |
| 179 | building or facility that is part of the property and shall |
| 180 | constitute an improvement to the building or facility or a |
| 181 | fixture attached to the building or facility. An agreement |
| 182 | between a local government and a qualifying property owner may |
| 183 | not cover wind-resistance improvements in buildings or |
| 184 | facilities under new construction or construction for which a |
| 185 | certificate of occupancy or similar evidence of substantial |
| 186 | completion of new construction or improvement has not been |
| 187 | issued. |
| 188 | (11) Any work requiring a license under any applicable law |
| 189 | to make a qualifying improvement shall be performed by a |
| 190 | contractor properly certified or registered pursuant to part I |
| 191 | or part II of chapter 489. |
| 192 | (12)(a) Without the consent of the holders or loan |
| 193 | servicers of any mortgage encumbering or otherwise secured by |
| 194 | the property, the total amount of any non-ad valorem assessment |
| 195 | for a property under this section may not exceed 20 percent of |
| 196 | the just value of the property as determined by the county |
| 197 | property appraiser. |
| 198 | (b) Notwithstanding paragraph (a), a non-ad valorem |
| 199 | assessment for a qualifying improvement defined in subparagraph |
| 200 | (2)(b)1. or subparagraph (2)(b)2. that is supported by an energy |
| 201 | audit is not subject to the limits in this subsection if the |
| 202 | audit demonstrates that the annual energy savings from the |
| 203 | qualified improvement equals or exceeds the annual repayment |
| 204 | amount of the non-ad valorem assessment. |
| 205 | (13) At least 30 days before entering into a financing |
| 206 | agreement, the property owner shall provide to the holders or |
| 207 | loan servicers of any existing mortgages encumbering or |
| 208 | otherwise secured by the property a notice of the owner's intent |
| 209 | to enter into a financing agreement together with the maximum |
| 210 | principal amount to be financed and the maximum annual |
| 211 | assessment necessary to repay that amount. A verified copy or |
| 212 | other proof of such notice shall be provided to the local |
| 213 | government. A provision in any agreement between a mortgagee or |
| 214 | other lienholder and a property owner, or otherwise now or |
| 215 | hereafter binding upon a property owner, which allows for |
| 216 | acceleration of payment of the mortgage, note, or lien or other |
| 217 | unilateral modification solely as a result of entering into a |
| 218 | financing agreement as provided for in this section is not |
| 219 | enforceable. This subsection does not limit the authority of the |
| 220 | holder or loan servicer to increase the required monthly escrow |
| 221 | by an amount necessary to annually pay the qualifying |
| 222 | improvement assessment. |
| 223 | (14) At or before the time a purchaser executes a contract |
| 224 | for the sale and purchase of any property for which a non-ad |
| 225 | valorem assessment has been levied under this section and has an |
| 226 | unpaid balance due, the seller shall give the prospective |
| 227 | purchaser a written disclosure statement in the following form, |
| 228 | which shall be set forth in the contract or in a separate |
| 229 | writing: |
| 230 |
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| 231 | QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, |
| 232 | RENEWABLE ENERGY, OR WIND RESISTANCE.-The property |
| 233 | being purchased is located within the jurisdiction of |
| 234 | a local government that has placed an assessment on |
| 235 | the property pursuant to s. 163.08, Florida Statutes. |
| 236 | The assessment is for a qualifying improvement to the |
| 237 | property relating to energy efficiency, renewable |
| 238 | energy, or wind resistance, and is not based on the |
| 239 | value of property. You are encouraged to contact the |
| 240 | county property appraiser's office to learn more about |
| 241 | this and other assessments that may be provided by |
| 242 | law. |
| 243 |
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| 244 | (15) A provision in any agreement between a local |
| 245 | government and a public or private power or energy provider or |
| 246 | other utility provider is not enforceable to limit or prohibit |
| 247 | any local government from exercising its authority under this |
| 248 | section. |
| 249 | (16) This section is additional and supplemental to county |
| 250 | and municipal home rule authority and not in derogation of such |
| 251 | authority or a limitation upon such authority. |
| 252 | Section 2. This act shall take effect upon becoming a law. |