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Home My WebLink About20-003JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4664808 01/21/2020 03:56:32 PM OR BOOK 4372 PAGE 784 - 789 Doc Type: ORDN RECORDING: $52.50 ORDINANCE NO. 20-003 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING CHAPTER 40 "SPECIAL DISTRICTS MUNICIPAL SERVICE TAXING UNITS (MSTUs), MUNICIPAL SERVICE BENEFITS UNIT (MSBUs) AND OTHER DISTRICTS," ARTICLE VI ENTITLED "ST. LUCIE COUNTY SUSTAINABILITY DISTRICT" OF THE ST. LUCIE COUNTY CODE; AMENDING SECTION 40-168 "DESCRIPTION OF IMPROVEMENTS" TO PROVIDE THAT ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE ENERGY IMPROVEMENTS, EXCLUDING WIND RESISTANCE IMPROVEMENTS, MAY BE FINANCED FOR NEW CONSTRUCTION; AMENDING SECTION 40-171 "DEFINITIONS" TO AMEND THE DEFINITION OF "BROADER SUSTAINABILITY IMPROVEMENTS" AND TO INCLUDE NEW AND EXISTING RESIDENTIAL BUILDING IN THE DEFINITION OF "ENERGY EFFICIENT IMPROVEMENT"; AMENDING SECTION 40-174 "APPLICATION" TO INCLUDE DOCUMENTATION OF SIGNED AND SEALED PLANS IN THE EVENT THAT THE SUBJECT OF THE APPLICATION IS A NEW BUILDING; AMENDING SECTION 40-175 "WRITTEN AGREEMENT" TO MODIFY THE MAXIMUM LIMIT OF THE FINANCING TO DELETE TO $50,000.00 LIMIT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, St. Lucie County, Florida (the "County") is a non -charter county and political subdivision of the State of Florida ("State"), duly organized and operating under the Constitution and the laws of the State; WHEREAS, pursuant to Article VII, Section 10 of the Florida Constitution, Chapter 125, F.S., and Chapter 189, F.S., the County is authorized to form an Energy Improvement District for the purpose of encouraging, accommodating, and financing energy efficiency and renewable energy improvements (both as defined in this Ordinance) on new and existing residential and commercial properties in the County; and WHEREAS, the County adopted County Ordinance No. 10-025 forming the St. Lucie County Sustainability District (the "District") pursuant to the Florida Constitution for the purpose of accomplishing energy efficiency and renewable energy improvements, including paying the costs necessary and incidental thereto through non -ad valorem assessments; and WHEREAS, the State of Florida has declared it the public policy of the State to develop energy management programs aimed at promoting energy conservation; and -1- Underlined passages are added. Stpuel0hpough passages are deleted. WHEREAS, home and business energy consumption accounts for approximately 70% of the overall usage of electric energy; and WHEREAS, the State of Florida has adopted a schedule for increasing the energy performance of buildings subject to the Florida Energy Efficiency Code for Building Construction Chapter 553, F.S.; and BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows, that: Section 1. The St. Lucie County Code, is hereby amended by amending. Chapter 40 entitled "Special Districts, Municipal Service Taxing Units (MSTUs), Municipal Service Benefit Units (MSBUs) and other Districts" Article VI "St. Lucie County Sustainability District" to read as Mllnwc• Section 40-168 Description of improvements. The improvements to be financed by the county for properties within the district shall consist of, and shall be limited to, any improvements constituting energy efficiency, renewable energy improvements, or broader sustainability improvements, such as water conservation, as defined herein. The improvements to be constructed on each property shall be set forth in a written agreement executed between the property owner and the district. Energy efficiency improvements and renewable energy improvements may be financed for building_or facilities under new construction. Wind resistance improvements including but not limited to those described in section 163.08(2)(b)3, Florida Statutes, shall not be financed for buildings or facilities under new construction or construction for which a certificate of occupancy or similar evidence of substantial completion of new construction or improvement has not been issued. Section 40-171 Definitions. Broader sustainability improvements. Includes improvements such as water conservation thru improved sustainability, wind resistance improvements and anv other improvements authorized under section 163.08, Florida Statutes. Energy efficiency improvement. A material improvement made to a.R new or existing residential or commercial property that reduces energy consumption, including but not limited to: L Caulking, weather stripping (cost of weather stripping shall not exceed fifteen hundred dollars) and air duct sealing; ii. Insulation in walls, roofs, floors, foundations and in heating and cooling distribution systems radiant barriers; -2- Underlined passages are added. StruskAreegk passages are deleted. iii. Heating and cooling system upgrades, combined heat and power systems, automatic energy control systems, heating, ventilating or air conditioning and distribution system modifications or replacements in homes, buildings or central plants including microturbines and fuel cells; iv. Storm or weather tight windows and doors, multiglazed windows and doors, heat -absorbing or heat -reflective glazed and coated windows and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; V. Replacement or modification of lighting fixtures to increase the energy efficiency of the system without increasing the overall illumination of a residential or commercial building unless such increase in illumination is necessary to conform to the applicable building code for the proposed lighting system; vi. High efficiency water or pool heating systems; vii. Permanent rainwater harvesting systems reducing energy demands such as cisterns or rain barrels for capture, storage and reuse of water. viii. Reflective roof or other cool roof systems that increase solar reflectance and thermal emittance. ix. Commercial refrigeration system upgrades and systems for heat recovery from compressors and condensers. X. An energy efficiency improvement does not include a household appliance such as a washing machine or refrigerator that is not permanently fixed to real property. Renewable energy improvement. Any fixture, product, system, device or interacting group of devices installed behind the meter on any residential or commercial building that produces energy from renewable resources including but not limited to photovoltaic systems, small wind systems, biomass systems, or biogas or methane recovery systems, as may be authorized. Section 40-174 Application. An eligible property owner must submit a complete application to the District for its approval. A complete application shall include the following information: -3- Underlined passages are added. S#ruelt Arengk passages are deleted. A. Proof of ownership and location of the property. Organizational documents if the property owner is not on the title as an individual. B. Documentation showing the structure or building if the proposed building which is the subject of the application, is an existing structure or building on the date of application or si�ned and sealed plans of the proposed new building, if the subject of the application is a new building on the date of the application. C. A cost estimate for the installation of the energy savings measures completed by a Florida licensed contractor (including the name and license number of the contractor). This estimate shall include all construction costs, equipment, permitting fees, recording fees for the assessment of liens, energy audit costs, and contingency fees. Estimated costs shall be reasonable for the scope of the proposed project and in relation to the property value. D. Written documentation indicating that the property owner is current in the mortgage, if one exists on the property, and that there are no federal or state tax liens, judgments liens or similar involuntary liens against the property subject of the application. E. Disclosure regarding non -ad valorem assessments. F. State of Florida Fair Lending Notice as required. Section 40-175 Written Agreement. Upon submittal of a complete application to enter into the program as approved by the district, the property owner shall enter into a voluntary written agreement with the district that shall constitute the property owner's consent to be subject to a non -ad valorem assessment. The written agreement shall be recorded and provide for the following: (1) The maximum limit of the financing for the program shall be $50;000.00 e� 20 percent of assessed value, ;•s"°"""y^" °r gFeator' per property, unless: a. A higher financing amount is consented to by the mortgage holder on the property, if one exists; and b. The energy audit, or information on energy savings measures provided in the application, shows a demonstrated high level of energy savings that is equal to or greater than the proposed assessment amount or renewable energy produced over the duration of the financing. (2) Express voluntary consent to accept the non -ad valorem assessment has been given. -4- Underlined passages are added. ugh passages are deleted. (3) The length of time permitted for the property owner to repay the non -ad valorem assessment shall not exceed 20 years, including the term, interest rate and administrative and financing fees. (4) The property owner shall be responsible for ensuring the improvements are completed as reflected in the approved application documents. The property owner also consents to providing access to property to the county to verify that the improvements have been completed as proposed in the application. (5) At the time of a transfer of property ownership, the past due balances of any non -ad valorem assessment under this subsection shall be due for payment, but future payments shall continue as a lien on the property. Section 2. Severability. If any provisions or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional, or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 3. Effective Date. The Ordinance shall have effect upon filing of a certified copy of this Ordinance with the Department of State. Section 4. Adoption. After motion and second, the vote on this ordinance was as follows: Cathy Townsend, Chair AYE Chris Dzadovsky, Vice Chair AYE Commissioner Sean Mitchell AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE PASSED AND DULY ADOPTED by the Board of County Commissioners of St. Lucie County, Florida, this 14th day of January, 2020. ATTEST: Deputy Clerk ,��^� .40' Underlined passages are added. �} ✓ -5- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair �gla passages are deleted. APPROVED AS TO FORM AND CORRECTNESS: -, BY: IA County Attorney Underlined passages are added. -••-'o Areugh passages are deleted. RON DESANTIS LAUREL M. LEE Governor Secretary of State January 21, 2020 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Alice Sennott Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 20-003, which was filed in this office on January 21, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us