HomeMy WebLinkAbout23-129 RESOLUTION NO. 2023-129
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF ST. LUCIE COUNTY,
FLORIDA, DECLARING THAT FLORIDA PACE
FUNDING AGENCY'S CONTINUED OPERATION IN
ST. LUCIE COUNTY WITHOUT AUTHORIZATION
IS A PUBLIC HEALTH, SAFETY AND WELFARE
EMERGENCY AND AUTHORIZING THE COUNTY
ATTORNEY'S OFFICE TO INITIATE LITIGATION,
AS APPROPRIATE, TO STOP FLORIDA PACE
FUNDING AGENCY OPERATIONS IN ST. LUCIE
COUNTY.
RECITALS
WHEREAS, Section 163.08, Florida Statutes, creates the framework for the
administration of PACE programs, wherein property owners enter into financing agreements to
obtain specified qualifying improvements that are paid for the levy of non-ad valorem assessments
on the property owners tax bills; and,
WHEREAS, Section 163.08, Florida Statutes, expressly provides that such statute is
additional and supplemental to county and municipal home rule authority, and not a derogation or
limitation on such authority; and,
WHEREAS, on St. Lucie County (the "County") adopted Ordinance No. 2010-025 to
create a Sustainability District ("District") and established an Energy Financing Program which
offers qualified owners of real property an opportunity to acquire Qualifying Improvements and
repay costs associated with such improvements through voluntary special assessments imposed by
the District pursuant to Financing Agreements; and,
WHEREAS, the District engaged the Solar and Energy Loan fund of St. Lucie County,
Inc. ("SELF") as Program Administrator for the Energy Financing Program; and
WHEREAS, Consumer protections above those required by state law were built into the
SELF program; and,
WHEREAS, without any notice to the County or the District, the Florida PACE Funding
Agency ("FPFA") initiated bond validation proceedings in Leon County Circuit Court, which
resulted in the issuance of a Final Judgment(the"Final Judgment")authorizing the FPFA to finance
qualifying improvements for property owners in Florida in the aggregate principal amount of Five
Billion Dollars ($5,000,000,000.00); and,
WHEREAS, the Final Judgment additionally asserts that the FPFA has independent
statewide authority to operate its PACE program "without interference or regulation from local
governments"; and,
WHEREAS, on January 3, 2023, FPFA sent a letter to the former County Administrator.
FPFA expressed willingness to enter into an interlocal agreement that"facilitates information and
feedback"but states that FPFA does not believe that an interlocal agreement is necessary to provide
PACE in St. Lucie County; and,
WHEREAS, the FPFA asserts that it has "independent authority" to operate a PACE
program in St. Lucie County based upon the Final Judgment; and,
WHEREAS,on or about January 11, 2023,the FPFA began operating a PACE program in
the County and the District in violation of the Ordinance No. 2010-025, and the FPFA or its
representative began filing liens in the County for PACE program improvements; and,
WHEREAS,the FPFA and its representatives continue to operate a PACE Program in the
County in violation; and,
WHEREAS, the liens filed in the County by FPFA or its representative reflect that the
majority of property owners are being charged interest rates as high as 9.99% for the qualifying
improvements, and the property owners will be paying such interest rates for at least 10 years,but
the majority are for 30 years, for items such as windows, air conditioning units, and roofs; and,
WHEREAS,based upon interest rates charged and terms of the financing agreements,the
tax bill amount of the property owners in the County will increase significantly.Almost a third of
the tax bills will double in amount. A few of the tax bills will increase five times; and,
WHEREAS, the FPFA's continued operations pose an immediate danger to the health,
safety, and welfare of the citizens of the County that requires immediate action; and,
WHEREAS, the County contends that Chapter 164, Florida Statutes, otherwise known as
the Florida Governmental Conflict Resolution Act, is not applicable based upon the FPFA's
assertion that it has statewide authority; and,
WHEREAS, if a court finds that the FPFA is a governmental entity within the meaning
of section 163.01,Florida Statutes,the significant legal rights of the County will be compromised
if a court proceeding does not take place before compliance with the provisions of Chapter 164,
Florida Statutes,the Florida Governmental Conflict Resolution Act; and,
WHEREAS, Section 164.1041(2), Florida Statutes, requires that the Board of County
Commissioners find, by a three-fourths vote, that an immediate danger to the health, safety, or
welfare of the public requires immediate action or that significant legal rights will be compromised
if a court 1 proceeding does not take place before compliance with the provisions of Chapter 164,
Florida Statutes, 2 the Florida Governmental Conflict Resolution Act. 3
NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
St. Lucie County, Florida, that:
1. The recitals above are true and correct and form a part of this Resolution.
2. This Board finds that the FPFA's continued operations in the County under its asserted
independent authority pose an immediate danger to the health, safety, or welfare of the citizens of
the County and compromise the significant legal rights of the County, and therefore requires
immediate action against it before compliance with the provisions of Chapter 164,Florida Statutes,
the Florida Governmental Conflict Resolution Act, to the extent such Act is applicable.
PASSED AND DULY ENACTED this 1st day of August 2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY,FLORIDA
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