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 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:
98
99 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY,
100 RENEWABLE ENERGY, OR WIND 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, 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.