HomeMy WebLinkAbout21-011 ORDINANCE NO. 21-01 l
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY
CODE OF ORDINANCES BY AMENDING CH. 40, ARTICLE
VI, "ST. LUCIE COUNTY SUSTAINABILITY DISTRICT," TO
PROVIDE FOR THE ADDITIONAL FINANCING OF ANY
QUALIFYING IMPROVEMENTS AUTHORIZED BY SECTION
163.08, FLORIDA STATUTES, AND TO PROVIDE THAT
SUCH QUALIFYING IMPROVEMENTS MAY BE FINANCED
FOR COMMERCIAL OR RESIDENTIAL PROPERTY UNDER
NEW CONSTRUCTION TO THE EXTENT CONSISTENT
WITH SECTION 163.08, FLORIDA STATUTES; PROVIDING
FOR CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
FILING WITH THE DEPARTMENT OF STATE; PROVIDING
FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION;
AND PROVIDING FOR CODIFICATION.
WHEREAS,pursuant to Article VII, Section 10 of the Florida Constitution, Chapter 125,
Florida Statutes, and Chapter 189, Florida Statutes, the St. Lucie County ("County") Board of
County Commissioners ("Board") adopted Ordinance No. 10-025 on June 15, 2010 ("District
Ordinance"), which established the St. Lucie County Sustainability District("District");
WHEREAS, the District Ordinance is codified at Chapter 40, Article VI of the St. Lucie
County Code of Ordinances ("Code");
WHEREAS, the purpose of the District is to accomplish energy efficiency and renewable
energy improvements, as well as broader sustainability issues, such as water conservation on
residential and commercial properties,by financing such improvements to be repaid through non-
ad valorem assessments on the property owner's property taxes;
WHEREAS, the ordinance currently encourages, accommodates, and allows for the
financing of energy efficiency, renewable energy and broader sustainability improvements on
eligible commercial and residential property;
WHEREAS, Section 163.08, Florida Statutes ("PACE Statute") provides local
governments with supplemental authority for the financing of such improvements through the
imposition of non-ad valorem special assessments ("PACE Assessments"), and includes an
exemplary list of improvements which qualify for financing thereunder;
WHEREAS,the Florida Legislature may consider amendments to the PACE Statute from
time to time which expand the types of improvements which may be financed through PACE
Assessments;
WHEREAS, the District Ordinance currently authorizes the financing of qualifying
improvements only for existing structures or buildings as of the date of application, whereas the
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SAINT LUCIE COUNTY
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ORDINANCE NO. 21-011
PACE Statute allows in some cases for the financing of qualifying improvements on commercial
and residential property under new construction;
WHEREAS, the Board desires to amend Chapter 40, Article VI of the Code to allow for
the additional financing of any qualifying improvements authorized by the PACE Statute as may
be amended from time to time, including but not limited to wind resistance improvements, and to
encourage, accommodate, and allow for the financing of qualifying improvements on commercial
and residential property under new construction to the extent such financing is consistent with the
PACE Statute;
WHEREAS, the Board finds that a program designed to provide new and existing
residential, commercial and business properties the financial means to install qualifying
improvements will further help reduce harmful environmental hazards, and that the installation
and operation of qualifying improvements will not only benefit affected properties for which the
improvements are made, but will also provide a public benefit by assisting in fulfilling the goals
of the State's and County's energy and hurricane mitigation policies; and
WHEREAS,the Board determines that the amendments to the District Ordinance adopted
herein are reasonable and necessary to serve an important public purpose; and are necessary for
the prosperity and welfare of the county and its property owners and inhabitants.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
SECTION 1. RATIFICATION OF RECITALS. The foregoing recitals are hereby
ratified and confirmed as true and correct and are hereby made a part of this Ordinance.
SECTION 2. Chapter 40, Article VI, "St. Lucie County Sustainability District)," is
amended as follows:
ARTICLE VI. - ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
DIVISION 1. - GENERALLY
* * *
Sec. 40-163. - Findings.
The board makes the following specific findings:
(1) A program designed to provide residential, commercial and business properties the
financial means required to reduce electricity consumption will help reduce the
burden of greenhouse gas emissions otherwise created by property in the state and
potentially mitigate adverse impacts to the state property and the environment.
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ORDINANCE NO. 21-011
(2) Energy conservation and efficiency and clean energy improvements to residential,
commercial, industrial, and other buildings, facilities and improvements can reduce
greenhouse gas emissions resulting from the use of improved property. Energy
conservation and efficiency and clean energy improvements can protect and preserve
state property by diminishing energy demand and environmental burdens.
(3) A program designed to provide residential, commercial and business properties the
financial means to install other qualifying improvements will help reduce other
harmful environmental hazards.
(4) The installation and operation of qualifying improvements not only benefits the
affected properties for which the improvements are made,but also provides a public
benefit by assisting in fulfilling the goals of the state's and county's energy and
hurricane mitigation policies.
(35) The up-front costs of qualifying improvements, such as energy conservation and
efficiency and clean energy improvements necessary to reduce greenhouse gas
emissions.,inhibits or prevents many property owners from making such
improvements.
(46) To make qualifying
improvements more affordable and assist property owners who wish to undertake
them, it is necessary to authorize a procedure for enabling property owners, on a
voluntary basis, to finance such improvements and make repayments in the form of
special assessments collected on their property tax bills.
(57) The county hereby determines that the actions authorized under this article, including,
but not limited to, the establishment of the sustainability district, the financing therein
of qualifying improvements through the execution of financing agreements and the
related imposition of voluntary special or non-ad valorem assessments, are reasonable
and necessary to serve an important public purpose; and are necessary for the
prosperity and welfare of the county and its property owners and inhabitants.
Sec. 40-166. - Purpose of the district.
The purpose of the county sustainability district(the "district") is to allow a property
owner to voluntarily finance qualifying improvements including but not limited to those
described in F.S. § 163.08 (or any successor in function),accomplish energy conservation and
efficiency.,and renewable energy, and wind resistance improvements, as well as broader
sustainability issues, such as water conservation on residential and commercial properties, by
financing such improvements to be repaid through non-ad valorem assessments collected on the
property owner's annual property tax bill property taxes.
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ORDINANCE NO. 21-011
* * *
Sec. 40-168. -Description of improvements.
The improvements to be financed by th county f r-proper►ies within the district shall
consist of any qualifying improvements authorized by F.S. § 163.08 (or any successor in
function),and shall be limited to, any improvements constituting energy conservation and
efficiency, renewable energy improvements, wind resistance, or broader sustainability
improvements, such as water conservation, as defined herein. The qualifying improvements to be
constructed on each property shall be set forth in a written agreement executed between the
property owner and the district.
Sec. 40-169. - Financing.
The cost of the qualifying improvements undertaken by the property owner and financed
by the district shall be assessed on the related property in the amounts set forth in the written
assessment financing agreement for such property and shall be financed by federal or state grant
funds, special assessment bonds,private loans from a financial institution, state or federal loan or
bond guarantee programs or other private or not-for-profit sources of funds which shall be
payable through non-ad valorem assessments by the property owner. Notwithstanding anything
herein to the contrary, an assessment financing agreement may cover qualifying improvements
on commercial or residential properties under new construction to the extent the financing
thereof is consistent with F.S. 163.08.
* * *
Sec. 40-171. - Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Broader sustainability improvements includes improvements such as water conservation
thru improved sustainability.
Energy efficiency improvement means a material improvement made to an existing
residential or commercial property that reduces energy consumption, including,but not limited
to:
(1) Caulking, weather-stripping(cost of weather stripping shall not exceed $1,500.00)
and air duct sealing.
(2) Insulation in walls, roofs, floors, foundations and in heating and cooling distribution
systems radiant barriers.
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ORDINANCE NO. 21-011
(3) 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.
(4) Storm or weathertight 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.
(5) 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.
(6) High efficiency water or pool heating systems.
(7) Permanent rainwater harvesting systems reducing energy demands such as cisterns or
rain barrels for capture, storage and reuse of water.
(8) Reflective roof or other cool roof systems that increase solar reflectance and thermal
emittance.
(9) Commercial refrigeration system upgrades and systems for heat recovery from
compressors and condensers.
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 means 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.
Qualifying improvements shall mean those improvements to real property provided for in
F.S. § 163.08, including, but not limited to, energy conservation and efficiency, renewable
energy, and wind-resistance improvements.
Sec. 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:
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ORDINANCE NO. 21-011
(1) Proof of ownership and location of the property; organizational documents if the
property owner is not on the title as an individual.
(2) If applicable, Ddocumentation showing the existing structure or buildings that is the
subject of the application, is an existing structure or building on the date of
amen.
(3) A cost estimate for the installation of the energy savings measures qualifying
improvements completed by a state 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.
(4) 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.
(5) Disclosure regarding non-ad valorem assessments.
(6) State fair lending notice, as required.
Sec. 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 or 20
percent of assessed value, whichever is greater, per property, unless:
a. A higher financing amount is consented to by the mortgage holder on the
property, if one exists; and
b. For energy conservation and efficiency improvements or renewable energy
improvements,Tthe 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.
(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.
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ORDINANCE NO. 21-011
(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.
(6) The risks associated with participating in the program shall be disclosed in the written
agreement, including risks related to the failure of the participating property owners
to make payments and the risk of issuance of a tax certificate and loss of the property
pursuant to F.S. ch. 197.
(7) For energy conservation and efficiency improvements or renewable energy
improvements, Tthe cost of an energy savings audit or the cost to complete an
estimate of information on energy savings measures, estimated energy savings for
each measure, estimated greenhouse gas reductions and estimated cost savings from
the projects will be subject to reimbursement upon execution of the written agreement
to accept the non-ad valorem assessment.
(8) The property owner shall agree to apply any rebates provided by an entity other than
the district, received for the projects approved by the district, towards the repayment
of the non-ad valorem assessment.
(9) If property taxes are paid through an escrow account, the property owner is
responsible for notifying the lender of any adjustment to monthly payments.
(10) The property owner shall provide all copies of final permits and inspections to the
district upon completion of the projects.
(11) The property owner shall agree to provide the district five years of utility statements
showing the energy usage for the property following the year in which the
improvements are made. The statements shall be due on the final day of the month
when the improvements were completed.
DIVISION 2. - ALTERNATIVE ASSESSMENT AND FINANCING PROCEDURE
* * *
Sec. 40-207. -Alternative assessment procedures.
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ORDINANCE NO. 21-011
As an alternative assessment and financing procedure to those set forth in division 1 of
this article, the county hereby implements, as an alternative, the assessment procedures set forth
in F.S. § 163.08, to finance ,
qualifying improvements as described in F.S. §
163.08(20). The county hereby authorizes such assessments to be levied on any real property
located within the boundaries of the county, which assessment will be document by a financing
agreement between the county and the participating property owners; provided, however, that for
any real property located within a municipality, the owner of such real property may elect to
participate in the county assessment program unless the municipality in which the real property
is located in fact establishes its own assessment program under the authority of F.S. § 163.08,
and notifies the county of such action with a formal request to the county to not offer its program
within municipal limits. The county,by subsequent resolution, shall specify the terms and
conditions under which it will enter into a financing agreement with a property owner within the
parameters set forth in F.S. § 163.08, and shall specify the terms and conditions of the financing
agreement to be used by the county.
Secs. 40-208-40-237. - Reserved.
SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature
applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are
hereby superseded by this ordinance to the extent of such conflict.
SECTION 4. SEVERABILITY AND APPLICABILITY. If any portion of this
ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such
holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision
thereof shall be held to be inapplicable to any person,property,or circumstance, such holding shall
not affect its applicability to any other person, property, or circumstance.
SECTION 5. FILING WITH THE DEPARTMENT OF STATE.The Clerk is hereby
directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code
and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
SECTION 6. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with
the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County
within ten days after enactment by the Board, and this ordinance shall take effect on the date of
adoption.
SECTION 7. ADOPTION. After motion and second, the vote on this ordinance was as
follows:
Chair Chris Dzadovsky AYE
Vice Chair Sean Mitchell AYE
Commissioner Linda Bartz AYE
Commissioner Frannie Hutchinson AYE
Commissioner Cathy Townsend AYE
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ORDINANCE NO. 21-011
Section 15. CODIFICATION. Provisions of this ordinance shall be incorporated in the
Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to
"section", "article", or other appropriate word, and the sections of this ordinance may be
renumbered or relettered to accomplish such intention.
PASSED AND DULY ADOPTED this 1st day of June 2021.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY, FLORIDA
kc.0 CLth BY:
Deputy Clerk oJ,. 4 COM,y�� Chair
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{ ., M APPROVED AS TO FORM AND
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CORRECTNESS:
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BY: C01.0 �w
Ass.. County Attorney
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FLORIDA DEPARTMENT O STATE
RON DESANTIS
Governor
June 9, 2021
Ms. Michelle R. Miller
Clerk & Comptroller
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attn: Ms. Vera Smith
Dear Ms. Miller:
LAUREL M. LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 21-011, which was filed in this office on June 9, 2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
AG/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270