HomeMy WebLinkAboutAgenda Packet 10.15.2024SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, October 15, 2024
9:01 AM
St. Lucie County Commission Chambers
2300 Virginia Avenue
3rd Floor of Roger Poitras Building
Fort Pierce, FL 34982
BOARD MEMBERS
District No. 4, Chair
JAMIE FOWLER
District No. 3, Vice-Chair
LINDA BARTZ
District No. 1
CHRIS DZADOVSKY
District No. 2
LARRY LEET
District No. 5
CATHY TOWNSEND
Mission Statement
St. Lucie Works to deliver superior service that enhances our quality of life
*Final on 10/11
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Regular Meeting Tuesday, October 15, 2024 9:01 AM
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WELCOME
All meetings are televised.
All meetings provided with wireless internet access for public convenience.
Please turn off all cell phones and pagers prior to entering the commission chambers.
Please mute the volume on all laptops and PDAs while in use in the commission chambers.
GENERAL RULES AND PROCEDURES – Attached is the agenda, which will determine the order of business conducted at today’s Board
meeting.
INVOCATION-PLEDGE – To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the
Pledge of Allegiance. Participation is voluntary.
CONSENT AGENDA – These items are considered routine and are enacted by one motion. There will be no separate discussion of
these items unless a Commissioner so requests.
REGULAR AGENDA – Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will
discuss individually, usually in the order listed on the agenda.
PUBLIC HEARINGS – These items are usually heard on the first Tuesdays at 6 p.m. or as soon thereafter as possible. However, if a
public hearing is scheduled for a meeting on the third Tuesday, which begins at 9 a.m., then public hearings will be heard at 9
a.m. or as soon thereafter as possible. These time designations are intended to indicate that an item will not be addressed prior
to the listed time. The Chair will open each public hearing and asks anyone wishing to speak to come forward, one at a time.
Comments will be limited to five minutes, and must be pertinent to the agenda item being considered by the Board.
As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order
of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the
Chair will ask for public comment, (4) further discussion and action by the Board.
ADDRESSING THE COMMISSION – Please state your name and address, speaking clearly into the microphone. If you have backup
material, please have eight copies ready for distribution.
NON-AGENDA ITEMS – These items are presented by an individual Commissioner or staff as necessary at the conclusion of the
printed agenda.
PUBLIC COMMENT – Time is allotted at the beginning of each meeting for general public comment. Please limit comments to three
minutes. Comments may pertain to any matter related to the Board’s duties as the County’s governing body. Comments in support
or opposition to candidates for public office are not pertinent to the Board’s duties. This includes any speaker identifying himself or
herself as a candidate for public office.
DECORUM – Please be respectful of others’ opinions.
MEETINGS – All Board meetings are open to the public and are held on the first Tuesdays of each month at 6 p.m. and on the third
Tuesdays at 9 a.m., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras
Administration Annex at 2300 Virginia Ave., Fort Pierce, Fla. 34982. The Board schedules additional workshops throughout the year
necessary to accomplish their goals and commitments. Notice is provided of these workshops. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Human Resources Department at 772-462-1456,
HumanResources@stlucieco.org or TDD 772-462-1428 at least 48 hours prior to the meeting.
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Regular Meeting Tuesday, October 15, 2024 9:01 AM
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1.CALL TO ORDER
2.GENERAL PUBLIC COMMENT
3.PUBLIC HEARINGS
A.PUBLIC WORKS
1.Energy Special Assessment District
Staff recommends Board adoption of the special assessment notice of intent resolution for
the Energy Special Assessment District.
4.REGULAR AGENDA
A.COUNTY ATTORNEY
1.Permission to Advertise - Request for Applications - Program Administrator Services -
Property Assessment Clean Energy (PACE)
Staff recommends that the Board determine whether to authorize staff to advertise the
Request for Applications as drafted or as amended by the Board. If the Board determines to
authorize staff to advertise the Request for Applications, staff recommends that the Board
direct staff to contact the Cities and the Village to gauge their interest in participating in a
PACE program.
5.MOTION TO ADJOURN
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3.A.1.
2024-2786
DATE: 10/15/2024
AGENDA REQUEST
TO: Sustainability District
PRESENTED BY: Barbara Guettler, MSBU Coordinator
SUBMITTED BY: Public Works
SUBJECT: Energy Special Assessment District
BACKGROUND:
One of the funding methods available for capital improvements and essential services is through non-ad
valorem special assessments levied on specially-benefited properties within the special assessment district
and collected using the uniform method pursuant to Section 197.3632, Florida Statutes. In order to preserve
this collection option, it is necessary for the Board to adopt a resolution expressing its intent to use the
uniform method commencing in November, 2025. The resolution must be considered at a duly advertised
public hearing held prior to January 1, 2025.
The resolution does not in any way obligate the County to levy special assessments; rather, it simply preserves
the County’s option to use the uniform method of collection if special assessments are levied.
The Board has created the Energy Special Assessment District to provide energy conservation and renewable
energy improvements to the parcels within the proposed boundary.
PREVIOUS ACTION:
N/A
FINANCIAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends Board adoption of the special assessment notice of intent resolution for the Energy Special
Assessment District.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
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AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: September 23, 2024
Patrick Dayan, Public Works Director
Date: September 23, 2024
Daniel McIntyre, County Attorney
Date: October 07, 2024
Mayte Santamaria, Deputy County Administrator
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Page 1 of 5
RESOLUTION NO. 2024-191
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
STATING ITS INTENT TO USE THE UNIFORM METHOD
OF COLLECTING NON-AD VALOREM SPECIAL
ASSESSMENTS LEVIED WITHIN THE ENERGY SPECIAL
ASSESSMENT DISTRICT; DESCRIBING THE AREA
SUBJECT TO THE ASSESSMENT; STATING A NEED
FOR THE LEVY; PROVIDING FOR MAILING THE
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, St. Lucie County, Florida (the "County") created the St. Lucie
County Sustainability District (the "District") for purposes of offering an energy
financing program throughout the County pursuant to which the District may impose
non-ad valorem assessments against real property, with the consent of the owners of
such property, to finance the acquisition and construction of energy conservation,
energy efficiency, renewable energy, wind resistance and sustainability improvements
(the "Improvements"); and
WHEREAS, the Board of Commissioners of the District (the "Board"), as the
governing body of the District, intends to use the uniform method for collecting such
non-ad valorem special assessments to fund the cost of the Improvements as
authorized by Section 197.3632, Florida Statutes because this method will allow the
special assessments to be collected annually commencing in November 2025, in the
same manner as provided for ad valorem taxes; and
WHEREAS, on October 15, 2024, the Board held a duly advertised public
hearing to consider the adoption of this resolution, proof of publication of this hearing is
attached hereto and made a part hereof as Exhibit "A".
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Page 2 of 5
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the
St. Lucie County Sustainability District, Florida, as follows:
Section 1: Commencing with the 2025-2026 Fiscal Year and with the ad
valorem tax bills issued in November 2025, the Board intends to use the uniform
method of collecting non-ad valorem assessments authorized in Section 197.3632,
Florida Statutes for collecting non-ad valorem assessments levied within the District to
fund the cost of the Improvements. A description of the boundaries of the real property
within the District and subject to the levy is attached hereto and made a part hereof as
Exhibit "B". The non-ad valorem assessments levied by the District are annual
assessments that will continue from year to year until discontinued by the District.
Section 2: The Board hereby determines that the levy of the assessments is
necessary to fund the cost of the Improvements.
Section 3: Upon adoption, the County Attorney or his designee is hereby
directed to send a copy of this resolution by United States mail to the Florida
Department of Revenue, the St. Lucie County Property Appraiser and the St. Lucie
County Tax Collector.
Section 4: This Resolution shall be effective upon adoption.
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Page 3 of 5
After motion and second, the vote on this Resolution was as follows:
Jamie Fowler, Chair
Linda Bartz, Vice Chair
Chris Dzadovsky, Commissioner
Cathy Townsend, Commissioner
Larry Leet, Commissioner
PASSED AND DULY ADOPTED this 15th day of October, 2024
ATTEST: ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
______________________________ By:_____________________________
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
________________________________
County Attorney
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Page 4 of 5
EXHIBIT A
PROOF OF PUBLICATION
Page 9 of 48
Page 5 of 5
EXHIBIT B
DESCRIPTION: ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
The boundaries of the St. Lucie County Sustainability District are coterminous with the
boundaries of St. Lucie County which are described as follows: Beginning on the
eastern boundary of the State of Florida at a point where the north section line of
section thirteen, township thirty-seven south, range forty-one east, produced easterly,
would intersect the same; thence westerly on the north line of said section and other
sections to the northwest corner of section eighteen, township thirty-seven south, range
forty-one east; thence south on the range line between ranges forty and forty-one east,
to the township line between townships thirty-seven and thirty-eight south; thence west
on the said township line to the range line dividing ranges thirty-six and thirty-seven
east; thence north on said range line, concurrent with the east boundary of Okeechobee
County, to the northwest corner of township thirty-four south, range thirty-seven east;
thence east on the township line dividing townships thirty-three and thirty-four south, to
the Atlantic Ocean; thence continuing easterly to the eastern boundary of the State of
Florida; thence southerly along said east boundary, including the waters of the Atlantic
Ocean within the jurisdiction of the State of Florida, to the place of beginning.
12/30/2009
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4.A.1.
2024-2856
DATE: 10/15/2024
AGENDA REQUEST
TO: Sustainability District
PRESENTED BY: Daniel McIntyre, County Attorney
SUBMITTED BY: County Attorney
SUBJECT: Permission to Advertise - Request for Applications - Program Administrator Services
- Property Assessment Clean Energy (PACE)
BACKGROUND:
The County enacted County Ordinance No. 2010-025 to create the Sustainability District ("District") and
establish an Energy Financing Program which offers qualified owners of real property an opportunity to
acquire Qualifying Improvements and repay the costs associated with such improvements through voluntary
special assessments imposed by the District pursuant to Financing Agreements (the "Projects").
The District's authority to issue revenue bonds is set out in County Resolution No. 10-259 which provided for
the financing of Qualifying Improvements and was validated by the Circuit Court in and for St. Lucie County
pursuant to the Final Judgment entered on November 30, 2010 in Case No. 10-CA-5410.
September 10, 2024 Informal Meeting
At the Board's September 10, 2024 informal meeting, the Board discussed the newly enacted State Law,
Chapter 2024-273, Laws of Florida, a copy of which is attached. At that meeting, the Board provided general
direction to staff to develop proposed competitive process for PACE providers for the Board to consider at a
regular meeting.
Proposed Request for Applications
Attached for review is a draft "Request for Applications" for PACE Program Administrator Services. The draft
was based on a similar Request for Applications prepared by the City of Cape Coral. The draft has been
updated to reflect the new state law and also includes suggested revisions from County staff and the County's
special assessment bond counsel.
PREVIOUS ACTION:
On August 15, 2023, the District adopted Ordinance No. 2023-009 providing for additional consumer
protections for PACE funding.
FINANCIAL IMPACT:
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N/A
RECOMMENDATION:
Staff recommends that the Board determine whether to authorize staff to advertise the Request for
Applications as drafted or as amended by the Board. If the Board determines to authorize staff to advertise
the Request for Applications, staff recommends that the Board direct staff to contact the Cities and the Village
to gauge their interest in participating in a PACE program.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: October 09, 2024
Patrick Dayan, Public Works Director
Date: October 10, 2024
Jennifer Hill, Office of Management & Budget Director
Date: October 11, 2024
Daniel McIntyre, County Attorney
Date: October 11, 2024
Mayte Santamaria, Deputy County Administrator
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CHAPTER 2024-273
Committee Substitute for
Committee Substitute for Senate Bill No.770
An act relating to improvements to real property;amending s.163.08,F.S.;
deleting provisions relating to legislative findings and intent;defining
terms and revising definitions;creating s.163.081,F.S.;authorizing a
program administrator to offer a program for financing qualifying
improvements for residential property when authorized by a county or
municipality;requiring an authorized program administrator that admin-
isters an authorized program to meet certain requirements;authorizing a
county or municipality to enter into an interlocal agreement to implement
a program;authorizing a county or municipality to deauthorize a program
administrator through certain measures;allowing a recorded financing
agreement at the time of deauthorization to continue,with an exception;
authorizing a program administrator to contract with third-party admin-
istrators to implement the program;authorizing a program administrator
to levy non-ad valorem assessments for a certain purpose;providing for
compensation for tax collectors for actual costs incurred to collect non-ad
valorem assessments;authorizing a program administrator to incur debt
for the purpose of providing financing for qualifying improvements;
authorizing the owner of record of the residential property to apply to
the program administrator to finance a qualifying improvement;requiring
the program administrator to make certain findings before entering into a
financing agreement;requiring the program administrator to ascertain
certain financial information from the property owner before entering into
a financing agreement;requiring certain documentation before the
financing agreement is approved and recorded;requiring an advisement
and notification for certain qualifying improvements;requiring certain
financing agreement and contract provisions for change orders under
certain circumstances;prohibiting a financing agreement from being
entered into under certain circumstances;requiring the program admin-
istrator to provide certain information before a financing agreement may
be executed;requiring an oral,recorded telephone call with the residential
property owner to confirm findings and disclosures before the approval of a
financing agreement;requiring the residential property owner to provide
written notice to the holder or loan servicer of his or her intent to enter into
a financing agreement as well as other financial information;requiring
that proof of such notice be provided to the program administrator;
providing that a certain acceleration provision in an agreement between
the residential property owner and mortgagor or lienholder is unenforce-
able;providing that the lienholder or loan servicer retains certain
authority;authorizing a residential property owner,under certain
circumstances and within a certain timeframe,to cancel a financing
agreement without financial penalty;requiring recording of the financing
agreement in a specified timeframe;creating the seller’s disclosure
statements for properties offered for sale which have assessments on
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them for qualifying improvements;requiring the program administrator
to confirm that certain conditions are met before disbursing final funds to
a qualifying improvement contractor for qualifying improvements on
residential property;requiring a program administrator to confirm that
the applicable work service has been completed or the final permit for the
qualifying improvement has been closed and evidence of substantial
completion of construction or improvement has been issued;creating s.
163.082,F.S.;authorizing a program administrator to offer a program for
financing qualifying improvements for commercial property when author-
ized by a county or municipality;requiring an authorized program
administrator that administers an authorized program to meet certain
requirements;authorizing a county or municipality to enter into an
interlocal agreement to implement a program;authorizing a county or
municipality to deauthorize a program administrator through certain
measures;authorizing a recorded financing agreement at the time of
deauthorization to continue,with an exception;authorizing a program
administrator to contract with third-party administrators to implement
the program;authorizing a program administrator to levy non-ad valorem
assessments for a certain purpose;providing for compensation for tax
collectors for actual costs incurred to collect non-ad valorem assessments;
authorizing a program administrator to incur debt for the purpose of
providing financing for qualifying improvements;authorizing the owner of
record of the commercial property to apply to the program administrator
to finance a qualifying improvement;requiring the program administrator
to receive the written consent of current holders or loan servicers of certain
mortgages encumbering or secured by commercial property;requiring a
program administrator offering a program for financing qualifying
improvements to commercial property to certain underwriting criteria;
requiring the program administrator to make certain findings before
entering into a financing agreement;requiring the program administrator
to ascertain certain financial information from the property owner before
entering into a financing agreement;requiring the program administrator
to document and retain certain findings;requiring certain financing
agreement and contract provisions for change orders under certain
circumstances;prohibiting a financing agreement from being entered
into under certain circumstances;requiring the program administrator to
provide certain information before a financing agreement may be
executed;requiring any financing agreement executed pursuant to this
section be submitted for recording in the public records of the county
where the commercial property is located in a specified timeframe;
requiring that the recorded agreement provide constructive notice that
the non-ad valorem assessment levied on the property is a lien of equal
dignity;providing that a lien with a certain acceleration provision is
unenforceable;creating the seller’s disclosure statements for properties
offered for sale which have assessments on them for qualifying improve-
ments;requiring the program administrator to confirm that certain
conditions are met before disbursing final funds to a qualifying improve-
ment contractor for qualifying improvements on commercial property;
providing construction;creating s.163.083,F.S.;requiring a county or
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municipality to establish or approve a process for the registration of a
qualifying improvement contractor to install qualifying improvements;
requiring certain conditions for a qualifying improvement contractor to
participate in a program;prohibiting a third-party administrator from
registering as a qualifying improvement contractor;requiring the pro-
gram administrator to monitor qualifying improvement contractors,
enforce certain penalties for a finding of violation,and post certain
information online;creating s.163.084,F.S.;authorizing the program
administrator to contract with entities to administer an authorized
program;providing certain requirements for a third-party administrator;
prohibiting a program administrator from acting as a third-party
administrator under certain circumstances;providing an exception;
requiring the program administrator to include in its contract with the
third-party administrator the right to perform annual reviews of the
administrator;authorizing the program administrator to take certain
actions if the program administrator finds that the third-party adminis-
trator has committed a violation of its contract;authorizing a program
administrator to terminate an agreement with a third-party adminis-
trator under certain circumstances;providing for the continuation of
certain financing agreements after the termination or suspension of the
third-party administrator,with an exception;creating s.163.085,F.S.;
requiring that,in communicating with the property owner,the program
administrator,qualifying improvement contractor,or third-party admin-
istrator comply with certain requirements;prohibiting the program
administrator or third-party administrator from disclosing certain finan-
cing information to a qualifying improvement contractor;prohibiting a
qualifying improvement contractor from making certain advertisements
or solicitations;providing exceptions;prohibiting a program adminis-
trator or third-party administrator from providing certain payments,fees,
or kickbacks to a qualifying improvement contractor;prohibiting a
program administrator or third-party administrator from reimbursing a
qualifying improvement contractor for certain expenses;prohibiting a
qualifying improvement contractor from providing different prices for a
qualifying improvement;requiring a contract between a property owner
and a qualifying improvement contractor to include certain provisions;
prohibiting a program administrator,qualifying improvement contractor,
or third-party administrator from providing any cash payment or any-
thing of material value to a property owner which is explicitly conditioned
on a financing agreement;providing exceptions;creating s.163.086,F.S.;
prohibiting a recorded financing agreement from being removed from
attachment to a property under certain circumstances;providing for the
unenforceability of a financing agreement under certain circumstances;
providing provisions for when a qualifying improvement contractor
initiates work on an unenforceable contract;providing that a qualifying
improvement contractor may retrieve chattel or fixtures delivered
pursuant to an unenforceable contract if certain conditions are met;
providing that an unenforceable contract will remain unenforceable under
certain circumstances;creating s.163.087,F.S.;requiring a program
administrator authorized to administer a program for financing a
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qualifying improvement to post on its website an annual report;specifying
requirements for the report;requiring the Auditor General to conduct an
operational audit of each program administrator;requiring the Auditor
General to adopt certain rules requiring certain reporting from the
program administrator;requiring program administrators and,if applic-
able,third-party administrators to post the report on its website;
providing that a contract,agreement,authorization,or interlocal agree-
ment entered into before a certain date may continue without additional
action by the county or municipality;requiring that the program
administrator comply with the act and that any related contracts,
agreements,authorizations,or interlocal agreements be amended to
comply with the act;providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1.Section 163.08,Florida Statutes,is amended to read:
(Substantial rewording of section.See
s.163.08,F.S.,for present text.)
163.08 Definitions.—As used in ss.163.081-163.087,the term:
(1)“Commercial property”means real property other than residential
property.The term includes,but is not limited to,a property zoned
multifamily residential which is composed of five or more dwelling units;
and real property used for commercial,industrial,or agricultural purposes.
(2)“Program administrator”means a county,a municipality,a depen-
dent special district as defined in s.189.012,or a separate legal entity
created pursuant to s.163.01(7)which directly operates a program for
financing qualifying improvements and is authorized pursuant to s.163.081
or s.163.082.
(3)“Property owner”means the owner or owners of record of real
property.The term includes real property held in trust for the benefit of one
or more individuals,in which case the individual or individuals may be
considered as the property owner or owners,provided that the trustee
provides written consent.The term does not include persons renting,using,
living,or otherwise occupying real property.
(4)“Qualifying improvement”means the following permanent improve-
ments located on real property within the jurisdiction of an authorized
financing program:
(a)For improvements on residential property:
1.Repairing,replacing,or improving a central sewerage system,
converting an onsite sewage treatment and disposal system to a central
sewerage system,or,if no central sewerage system is available,removing,
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repairing,replacing,or improving an onsite sewage treatment and disposal
system to an advanced system or technology.
2.Repairing,replacing,or improving a roof,including improvements
that strengthen the roof deck attachment;create a secondary water barrier
to prevent water intrusion;install wind-resistant shingles or gable-end
bracing;or reinforce roof-to-wall connections.
3.Providing flood and water damage mitigation and resiliency improve-
ments,prioritizing repairs,replacement,or improvements that qualify for
reductions in flood insurance premiums,including raising a structure above
the base flood elevation to reduce flood damage;constructing a flood
diversion apparatus,drainage gate,or seawall improvement,including
seawall repairs and seawall replacements;purchasing flood-damage-resis-
tant building materials;or making electrical,mechanical,plumbing,or
other system improvements that reduce flood damage.
4.Replacing windows or doors,including garage doors,with energy-
efficient,impact-resistant,wind-resistant,or hurricane windows or doors or
installing storm shutters.
5.Installing energy-efficient heating,cooling,or ventilation systems.
6.Replacing or installing insulation.
7.Replacing or installing energy-efficient water heaters.
8.Installing and affixing a permanent generator.
9.Providing a renewable energy improvement,including the installation
of any system in which the electrical,mechanical,or thermal energy is
produced from a method that uses solar,geothermal,bioenergy,wind,or
hydrogen.
(b)For installing or constructing improvements on commercial property:
1.Waste system improvements,which consists of repairing,replacing,
improving,or constructing a central sewerage system,converting an onsite
sewage treatment and disposal system to a central sewerage system,or,if no
central sewerage system is available,removing,repairing,replacing,or
improving an onsite sewage treatment and disposal system to an advanced
system or technology.
2.Making resiliency improvements,which includes but is not limited to:
a.Repairing,replacing,improving,or constructing a roof,including
improvements that strengthen the roof deck attachment;
b.Creating a secondary water barrier to prevent water intrusion;
c.Installing wind-resistant shingles or gable-end bracing;
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d.Reinforcing roof-to-wall connections;or
e.Providing flood and water damage mitigation and resiliency improve-
ments,prioritizing repairs,replacement,or improvements that qualify for
reductions in flood insurance premiums,including raising a structure above
the base flood elevation to reduce flood damage;creating or improving
stormwater and flood resiliency,including flood diversion apparatus,
drainage gates,or shoreline improvements;purchasing flood-damage-
resistant building materials;or making any other improvements necessary
to achieve a sustainable building rating or compliance with a national model
resiliency standard and any improvements to a structure to achieve wind or
flood insurance rate reductions,including building elevation.
3.Energy conservation and efficiency improvements,which are mea-
sures to reduce consumption through efficient use or conservation of
electricity,natural gas,propane,or other forms of energy,including but
not limited to,air sealing;installation of insulation;installation of energy-
efficient heating,cooling,or ventilation systems;building modification to
increase the use of daylight;window replacement;windows;energy controls
or energy recovery systems;installation of electric vehicle charging equip-
ment;installation of efficient lighting equipment;or any other improve-
ments necessary to achieve a sustainable building rating or compliance with
a national model green building code.
4.Renewable energy improvements,including the installation of any
system in which the electrical,mechanical,or thermal energy is produced
from a method that uses solar,geothermal,bioenergy,wind,or hydrogen.
5.Water conservation efficiency improvements,which are measures to
reduce consumption through efficient use or conservation of water.
(5)“Qualifying improvement contractor”means a licensed or registered
contractor who has been registered to participate by a program adminis-
trator pursuant to s.163.083 to install or otherwise perform work to make
qualifying improvements on residential property financed pursuant to a
program authorized under s.163.081.
(6)“Residential property”means real property zoned as residential or
multifamily residential and composed of four or fewer dwelling units.
(7)“Third-party administrator”means an entity under contract with a
program administrator pursuant to s.163.084.
Section 2.Section 163.081,Florida Statutes,is created to read:
163.081 Financing qualifying improvements to residential property.—
(1)RESIDENTIAL PROPERTY PROGRAM AUTHORIZATION.—
(a)A program administrator may only offer a program for financing
qualifying improvements to residential property within the jurisdiction of a
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county or municipality if the county or municipality has authorized by
ordinance or resolution the program administrator to administer the
program for financing qualifying improvements to residential property.
The authorized program must,at a minimum,meet the requirements of this
section.
(b)Pursuant to this section or as otherwise provided by law or pursuant
to a county’s or municipality’s home rule power,a county or municipality
may enter into an interlocal agreement providing for a partnership between
one or more counties or municipalities for the purpose of facilitating a
program to finance qualifying improvements to residential property located
within the jurisdiction of the counties or municipalities that are party to the
agreement.
(c)A county or municipality may deauthorize a program administrator
through repeal of the ordinance or resolution adopted pursuant to paragraph
(a)or other action.Any recorded financing agreements at the time of
deauthorization shall continue,except any financing agreement for which
the provisions of s.163.086 apply.
(d)An authorized program administrator may contract with one or more
third-party administrators to implement the program as provided in s.
163.084.
(e)An authorized program administrator may levy non-ad valorem
assessments to facilitate repayment of financing qualifying improvements.
Costs incurred by the program administrator for such purpose may be
collected as a non-ad valorem assessment.A non-ad valorem assessment
shall be collected pursuant to s.197.3632 and,notwithstanding s.
197.3632(8)(a),shall not be subject to discount for early payment.However,
the notice and adoption requirements of s.197.3632(4)do not apply if this
section is used and complied with,and the intent resolution,publication of
notice,and mailed notices to the property appraiser,tax collector,and
Department of Revenue required by s.197.3632(3)(a)may be provided on or
before August 15 of each year in conjunction with any non-ad valorem
assessment authorized by this section,if the property appraiser,tax
collector,and program administrator agree.The program administrator
shall only compensate the tax collector for the actual cost of collecting non-ad
valorem assessments,not to exceed 2 percent of the amount collected and
remitted.
(f)A program administrator may incur debt for the purpose of providing
financing for qualifying improvements,which debt is payable from revenues
received from the improved property or any other available revenue source
authorized by law.
(2)APPLICATION.—The owner of record of the residential property
within the jurisdiction of an authorized program may apply to the
authorized program administrator to finance a qualifying improvement.
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The program administrator may only enter into a financing agreement with
the property owner.
(3)FINANCING AGREEMENTS.—
(a)Before entering into a financing agreement,the program adminis-
trator must make each of the following findings based on a review of public
records derived from a commercially accepted source and the property
owner’s statements,records,and credit reports:
1.There are sufficient resources to complete the project.
2.The total amount of any non-ad valorem assessment for a residential
property under this section does not exceed 20 percent of the just value of the
property as determined by the property appraiser.The total amount may
exceed this limitation upon written consent of the holders or loan servicers of
any mortgage encumbering or otherwise secured by the residential property.
3.The financing agreement does not utilize a negative amortization
schedule,a balloon payment,or prepayment fees or fines other than nominal
administrative costs.Capitalized interest included in the original balance of
the assessment financing agreement does not constitute negative amortiza-
tion.
4.All property taxes and any other assessments,including non-ad
valorem assessments,levied on the same bill as the property taxes are
current and have not been delinquent for the preceding 3 years,or the
property owner’s period of ownership,whichever is less.
5.There are no outstanding fines or fees related to zoning or code
enforcement violations issued by a county or municipality,unless the
qualifying improvement will remedy the zoning or code violation.
6.There are no involuntary liens,including,but not limited to,
construction liens on the residential property.
7.No notices of default or other evidence of property-based debt
delinquency have been recorded and not released during the preceding 3
years or the property owner’s period of ownership,whichever is less.
8.The property owner is current on all mortgage debt on the residential
property.
9.The property owner has not been subject to a bankruptcy proceeding
within the last 5 years unless it was discharged or dismissed more than 2
years before the date on which the property owner applied for financing.
10.The residential property is not subject to an existing home equity
conversion mortgage or reverse mortgage product.
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11.The term of the financing agreement does not exceed the weighted
average useful life of the qualified improvements to which the greatest
portion of funds disbursed under the assessment contract is attributable,not
to exceed 20 years.The program administrator shall determine the useful
life of a qualifying improvement using established standards,including
certification criteria from government agencies or nationally recognized
standards and testing organizations.
12.The total estimated annual payment amount for all financing
agreements entered into under this section on the residential property
does not exceed 10 percent of the property owner’s annual household income.
Income must be confirmed using reasonable evidence and not solely by a
property owner’s statement.
13.If the qualifying improvement is for the conversion of an onsite
sewage treatment and disposal system to a central sewerage system,the
property owner has utilized all available local government funding for such
conversions and is unable to obtain financing for the improvement on more
favorable terms through a local government program designed to support
such conversions.
(b)Before entering into a financing agreement,the program adminis-
trator must determine if there are any current financing agreements on the
residential property and if the property owner has obtained or sought to
obtain additional qualifying improvements on the same property which have
not yet been recorded.The existence of a prior qualifying improvement non-
ad valorem assessment or a prior financing agreement is not evidence that
the financing agreement under consideration is affordable or meets other
program requirements.
(c)Findings satisfying paragraphs (a)and (b)must be documented,
including supporting evidence relied upon,and provided to the property
owner prior to a financing agreement being approved and recorded.The
program administrator must retain the documentation for the duration of
the financing agreement.
(d)If the qualifying improvement is estimated to cost $10,000 or more,
before entering into a financing agreement the program administrator must
advise the property owner in writing that the best practice is to obtain
estimates from more than one unaffiliated,registered qualifying improve-
ment contractor for the qualifying improvement and notify the property
owner in writing of the advertising and solicitation requirements of s.
163.085.
(e)A property owner and the program administrator may agree to
include in the financing agreement provisions for allowing change orders
necessary to complete the qualifying improvement.Any financing agree-
ment or contract for qualifying improvements which includes such provi-
sions must meet the requirements of this paragraph.If a proposed change
order on a qualifying improvement will increase the original cost of the
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qualifying improvement by 20 percent or more or will expand the scope of the
qualifying improvement by more than 20 percent,before the change order
may be executed which would result in an increase in the amount financed
through the program administrator for the qualifying improvement,the
program administrator must notify the property owner,provide an updated
written disclosure form as described in subsection (4)to the property owner,
and obtain written approval of the change from the property owner.
(f)A financing agreement may not be entered into if the total cost of the
qualifying improvement,including program fees and interest,is less than
$2,500.
(g)A financing agreement may not be entered into for qualifying
improvements in buildings or facilities under new construction or construc-
tion for which a certificate of occupancy or similar evidence of substantial
completion of new construction or improvement has not been issued.
(4)DISCLOSURES.—
(a)In addition to the requirements imposed in subsection (3),a financing
agreement may not be executed unless the program administrator first
provides,including via electronic means,a written financing estimate and
disclosure to the property owner which includes all of the following,each of
which must be individually acknowledged in writing by the property owner:
1.The estimated total amount to be financed,including the total and
itemized cost of the qualifying improvement,program fees,and capitalized
interest;
2.The estimated annual non-ad valorem assessment;
3.The term of the financing agreement and the schedule for the non-ad
valorem assessments;
4.The interest charged and estimated annual percentage rate;
5.A description of the qualifying improvement;
6.The total estimated annual costs that will be required to be paid under
the assessment contract,including program fees;
7.The total estimated average monthly equivalent amount of funds that
would need to be saved in order to pay the annual costs of the non-ad valorem
assessment,including program fees;
8.The estimated due date of the first payment that includes the non-ad
valorem assessment;
9.A disclosure that the financing agreement may be canceled within 3
business days after signing the financing agreement without any financial
penalty for doing so;
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10.A disclosure that the property owner may repay any remaining
amount owed,at any time,without penalty or imposition of additional
prepayment fees or fines other than nominal administrative costs;
11.A disclosure that if the property owner sells or refinances the
residential property,the property owner may be required by a mortgage
lender to pay off the full amount owed under each financing agreement
under this section;
12.A disclosure that the assessment will be collected along with the
property owner’s property taxes,and will result in a lien on the property
from the date the financing agreement is recorded;
13.A disclosure that potential utility or insurance savings are not
guaranteed,and will not reduce the assessment amount;and
14.A disclosure that failure to pay the assessment may result in
penalties,fees,including attorney fees,court costs,and the issuance of a
tax certificate that could result in the property owner losing the property and
a judgment against the property owner,and may affect the property owner’s
credit rating.
(b)Prior to the financing agreement being approved,the program
administrator must conduct an oral,recorded telephone call with the
property owner during which the program administrator must confirm
each finding or disclosure required in subsection (3)and this section.
(5)NOTICE TO LIENHOLDERS AND SERVICERS.—At least 5 busi-
ness days before entering into a financing agreement,the property owner
must provide to the holders or loan servicers of any existing mortgages
encumbering or otherwise secured by the residential property a written
notice of the owner’s intent to enter into a financing agreement together with
the maximum amount to be financed,including the amount of any fees and
interest,and the maximum annual assessment necessary to repay the total.
A verified copy or other proof of such notice must be provided to the program
administrator.A provision in any agreement between a mortgagor or other
lienholder and a property owner,or otherwise now or hereafter binding upon
a property owner,which allows for acceleration of payment of the mortgage,
note,or lien or other unilateral modification solely as a result of entering into
a financing agreement as provided for in this section is unenforceable.This
subsection does not limit the authority of the holder or loan servicer to
increase the required monthly escrow by an amount necessary to pay the
annual assessment.
(6)CANCELLATION.—A property owner may cancel a financing
agreement on a form established by the program administrator within 3
business days after signing the financing agreement without any financial
penalty for doing so.
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(7)RECORDING.—Any financing agreement executed pursuant to this
section,or a summary memorandum of such agreement,shall be submitted
for recording in the public records of the county within which the residential
property is located by the program administrator within 10 business days
after execution of the agreement and the 3-day cancellation period.The
recorded agreement must provide constructive notice that the non-ad
valorem assessment to be levied on the property constitutes a lien of
equal dignity to county taxes and assessments from the date of recordation.
A notice of lien for the full amount of the financing may be recorded in the
public records of the county where the property is located.Such lien is not
enforceable in a manner that results in the acceleration of the remaining
nondelinquent unpaid balance under the assessment financing agreement.
(8)SALE OF RESIDENTIAL PROPERTY.—At or before the time a
seller executes a contract for the sale of any residential property for which a
non-ad valorem assessment has been levied under this section and has an
unpaid balance due,the seller shall give the prospective purchaser a written
disclosure statement in the following form,which must be set forth in the
contract or in a separate writing:
QUALIFYING IMPROVEMENTS.—The property being purchased is
subject to an assessment on the property pursuant to s.163.081,Florida
Statutes.The assessment is for a qualifying improvement to the
property and is not based on the value of the property.You are
encouraged to contact the property appraiser’s office to learn more about
this and other assessments that may be provided by law.
(9)DISBURSEMENTS.—Before disbursing final funds to a qualifying
improvement contractor for a qualifying improvement on residential
property,the program administrator shall confirm that the applicable
work or service has been completed or,as applicable,that the final permit for
the qualifying improvement has been closed with all permit requirements
satisfied or a certificate of occupancy or similar evidence of substantial
completion of construction or improvement has been issued.
(10)CONSTRUCTION.—This section is additional and supplemental to
county and municipal home rule authority and not in derogation of such
authority or a limitation upon such authority.
Section 3.Section 163.082,Florida Statutes,is created to read:
163.082 Financing qualifying improvements to commercial property.—
(1)COMMERCIAL PROPERTY PROGRAM AUTHORIZATION.—
(a)A program administrator may only offer a program for financing
qualifying improvements to commercial property within the jurisdiction of a
county or municipality if the county or municipality has authorized by
ordinance or resolution the program administrator to administer the
program for financing qualifying improvements to commercial property.
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The authorized program must,at a minimum,meet the requirements of this
section.
(b)Pursuant to this section or as otherwise provided by law or pursuant
to a county’s or municipality’s home rule power,a county or municipality
may enter into an interlocal agreement providing for a partnership between
one or more counties or municipalities for the purpose of facilitating a
program for financing qualifying improvements to commercial property
located within the jurisdiction of the counties or municipalities that are
party to the agreement.
(c)A county or municipality may deauthorize a program administrator
through repeal of the ordinance or resolution adopted pursuant to paragraph
(a)or other action.Any recorded financing agreements at the time of
deauthorization shall continue,except any financing agreement for which
the provisions of s.163.086 apply.
(d)A program administrator may contract with one or more third-party
administrators to implement the program as provided in s.163.084.
(e)An authorized program administrator may levy non-ad valorem
assessments to facilitate repayment of financing or refinancing qualifying
improvements.Costs incurred by the program administrator for such
purpose may be collected as a non-ad valorem assessment.A non-ad valorem
assessment shall be collected pursuant to s.197.3632 and,notwithstanding
s.197.3632(8)(a),is not subject to discount for early payment.However,the
notice and adoption requirements of s.197.3632(4)do not apply if this
section is used and complied with,and the intent resolution,publication of
notice,and mailed notices to the property appraiser,tax collector,and
Department of Revenue required by s.197.3632(3)(a)may be provided on or
before August 15 of each year in conjunction with any non-ad valorem
assessment authorized by this section,if the property appraiser,tax
collector,and program administrator agree.The program administrator
shall only compensate the tax collector for the actual cost of collecting non-ad
valorem assessments,not to exceed 2 percent of the amount collected and
remitted.
(f)A program administrator may incur debt for the purpose of providing
financing for qualifying improvements,which debt is payable from revenues
received from the improved property or any other available revenue source
authorized by law.
(2)APPLICATION.—The owner of record of the commercial property
within the jurisdiction of the authorized program may apply to the program
administrator to finance a qualifying improvement and enter into a
financing agreement with the program administrator to make such
improvement.The program administrator may only enter into a financing
agreement with a property owner.
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(3)CONSENT OF LIENHOLDERS AND SERVICERS.—The program
administrator must receive the written consent of the current holders or loan
servicers of any mortgage that encumbers or is otherwise secured by the
commercial property or that will otherwise be secured by the property before
a financing agreement may be executed.
(4)FINANCING AGREEMENTS.—
(a)A program administrator offering a program for financing qualifying
improvements to commercial property must maintain underwriting criteria
sufficient to determine the financial feasibility of entering into a financing
agreement.To enter into a financing agreement,the program administrator
must,at a minimum,make each of the following findings based on a review
of public records derived from a commercially accepted source and the
statements,records,and credit reports of the commercial property owner:
1.There are sufficient resources to complete the project.
2.All property taxes and any other assessments,including non-ad
valorem assessments,levied on the same bill as the property taxes are
current.
3.There are no involuntary liens greater than $5,000,including,but not
limited to,construction liens on the commercial property.
4.No notices of default or other evidence of property-based debt
delinquency have been recorded and not been released during the preceding
3 years or the property owner’s period of ownership,whichever is less.
5.The property owner is current on all mortgage debt on the commercial
property.
6.The term of the financing agreement does not exceed the weighted
average useful life of the qualified improvements to which the greatest
portion of funds disbursed under the assessment contract is attributable,not
to exceed 30 years.The program administrator shall determine the useful
life of a qualifying improvement using established standards,including
certification criteria from government agencies or nationally recognized
standards and testing organizations.
7.The property owner is not currently the subject of a bankruptcy
proceeding.
(b)Before entering into a financing agreement,the program adminis-
trator shall determine if there are any current financing agreements on the
commercial property and whether the property owner has obtained or
sought to obtain additional qualifying improvements on the same property
which have not yet been recorded.The existence of a prior qualifying
improvement non-ad valorem assessment or a prior financing agreement is
not evidence that the financing agreement under consideration is affordable
or meets other program requirements.
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(c)The program administrator shall document and retain findings
satisfying paragraphs (a)and (b),including supporting evidence relied
upon,which were made prior to the financing agreement being approved and
recorded,for the duration of the financing agreement.
(d)A property owner and the program administrator may agree to
include in the financing agreement provisions for allowing change orders
necessary to complete the qualifying improvement.Any financing agree-
ment or contract for qualifying improvements which includes such provi-
sions must meet the requirements of this paragraph.If a proposed change
order on a qualifying improvement will increase the original cost of the
qualifying improvement by 20 percent or more or will expand the scope of the
qualifying improvement by 20 percent or more,before the change order may
be executed which would result in an increase in the amount financed
through the program administrator for the qualifying improvement,the
program administrator must notify the property owner,provide an updated
written disclosure form as described in subsection (5)to the property owner,
and obtain written approval of the change from the property owner.
(e)A financing agreement may not be entered into if the total cost of the
qualifying improvement,including program fees and interest,is less than
$2,500.
(5)DISCLOSURES.—In addition to the requirements imposed in sub-
section (4),a financing agreement may not be executed unless the program
administrator provides,whether on a separate document or included with
other disclosures or forms,a financing estimate and disclosure to the
property owner which includes all of the following:
(a)The estimated total amount to be financed,including the total and
itemized cost of the qualifying improvement,program fees,and capitalized
interest;
(b)The estimated annual non-ad valorem assessment;
(c)The term of the financing agreement and the schedule for the non-ad
valorem assessments;
(d)The interest charged and estimated annual percentage rate;
(e)A description of the qualifying improvement;
(f)The total estimated annual costs that will be required to be paid under
the assessment contract,including program fees;
(g)The estimated due date of the first payment that includes the non-ad
valorem assessment;and
(h)A disclosure of any prepayment penalties,fees,or fines as set forth in
the financing agreement.
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(6)RECORDING.—Any financing agreement executed pursuant to this
section or a summary memorandum of such agreement must be submitted
for recording in the public records of the county within which the commercial
property is located by the program administrator within 10 business days
after execution of the agreement.The recorded agreement must provide
constructive notice that the non-ad valorem assessment to be levied on the
property constitutes a lien of equal dignity to county taxes and assessments
from the date of recordation.A notice of lien for the full amount of the
financing may be recorded in the public records of the county where the
property is located.Such lien is not enforceable in a manner that results in
the acceleration of the remaining nondelinquent unpaid balance under the
assessment financing agreement.
(7)SALE OF COMMERCIAL PROPERTY.—At or before the time a
seller executes a contract for the sale of any commercial property for which a
non-ad valorem assessment has been levied under this section and has an
unpaid balance due,the seller shall give the prospective purchaser a written
disclosure statement in the following form,which must be set forth in the
contract or in a separate writing:
QUALIFYING IMPROVEMENTS.—The property being purchased is
subject to an assessment on the property pursuant to s.163.082,Florida
Statutes.The assessment is for a qualifying improvement to the
property and is not based on the value of the property.You are
encouraged to contact the property appraiser’s office to learn more about
this and other assessments that may be provided for by law.
(8)COMPLETION CERTIFICATE.—Upon disbursement of all finan-
cing and completion of installation of qualifying improvements financed,the
program administrator shall retain a certificate that the qualifying
improvements have been installed and are in good working order.
(9)CONSTRUCTION.—This section is additional and supplemental to
county and municipal home rule authority and not in derogation of such
authority or a limitation upon such authority.
Section 4.Section 163.083,Florida Statutes,is created to read:
163.083 Qualifying improvement contractors.—
(1)A county or municipality shall establish a process,or approve a
process established by a program administrator,to register contractors for
participation in a program authorized by a county or municipality pursuant
to s.163.081.A qualifying improvement contractor may only perform such
work that the contractor is appropriately licensed,registered,and permitted
to conduct.At the time of application to participate and during participation
in the program,contractors must:
(a)Hold all necessary licenses or registrations for the work to be
performed which are in good standing.Good standing includes no
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outstanding complaints with the state or local government which issues such
licenses or registrations.
(b)Comply with all applicable federal,state,and local laws and
regulations,including obtaining and maintaining any other permits,
licenses,or registrations required for engaging in business in the jurisdiction
in which it operates and maintaining all state-required bond and insurance
coverage.
(c)File with the program administrator a written statement in a form
approved by the county or municipality that the contractor will comply with
applicable laws and rules and qualifying improvement program policies and
procedures,including those on advertising and marketing.
(2)A third-party administrator or a program administrator,either
directly or through an affiliate,may not be registered as a qualifying
improvement contractor.
(3)A program administrator shall establish and maintain:
(a)A process to monitor qualifying improvement contractors for perfor-
mance and compliance with requirements of the program and must conduct
regular reviews of qualifying improvement contractors to confirm that each
qualifying improvement contractor is in good standing.
(b)Procedures for notice and imposition of penalties upon a finding of
violation,which may consist of placement of the qualifying improvement
contractor in a probationary status that places conditions for continued
participation,suspension,or termination from participation in the program.
(c)An easily accessible page on its website that provides information on
the status of registered qualifying improvement contractors,including any
imposed penalties,and the names of any qualifying improvement contrac-
tors currently on probationary status or that are suspended or terminated
from participation in the program.
Section 5.Section 163.084,Florida Statutes,is created to read:
163.084 Third-party administrator for financing qualifying improve-
ments programs.—
(1)(a)A program administrator may contract with one or more third-
party administrators to administer a program authorized by a county or
municipality pursuant to s.163.081 or s.163.082 on behalf of and at the
discretion of the program administrator.
(b)The third-party administrator must be independent of the program
administrator and have no conflicts of interest between managers or owners
of the third-party administrator and program administrator managers,
owners,officials,or employees with oversight over the contract.A program
administrator,either directly or through an affiliate,may not act as a third-
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party administrator for itself or for another program administrator.
However,this paragraph does not apply to a third-party administrator
created by an entity authorized in law pursuant to s.288.9604.
(c)The contract must provide for the entity to administer the program
according to the requirements of s.163.081 or s.163.082 and the ordinance
or resolution adopted by the county or municipality authorizing the
program.However,only the program administrator may levy or administer
non-ad valorem assessments.
(2)A program administrator may not contract with a third-party
administrator that,within the last 3 years,has been:
(a)Prohibited,after notice and a hearing,from serving as a third-party
administrator for another program administrator for program or contract
violations in this state;or
(b)Found by a court of competent jurisdiction to have substantially
violated state or federal laws related to the administration of ss.163.081-
163.086 or a similar program in another jurisdiction.
(3)The program administrator must include in any contract with the
third-party administrator the right to perform annual reviews of the
administrator to confirm compliance with ss.163.081-163.086,the ordi-
nance or resolution adopted by the county or municipality,and the contract
with the program administrator.If the program administrator finds that the
third-party administrator has committed a violation of ss.163.081-163.086,
the adopted ordinance or resolution,or the contract with the program
administrator,the program administrator shall provide the third-party
administrator with notice of the violation and may,as set forth in the
adopted ordinance or resolution or the contract with the third-party
administrator:
(a)Place the third-party administrator in a probationary status that
places conditions for continued operations.
(b)Impose any fines or sanctions.
(c)Suspend the activity of the third-party administrator for a period of
time.
(d)Terminate the agreement with the third-party administrator.
(4)A program administrator may terminate the agreement with a third-
party administrator,as set forth by the county or municipality in its adopted
ordinance or resolution or the contract with the third-party administrator,if
the program administrator makes a finding that:
(a)The third-party administrator has violated the contract with the
program administrator.The contract may set forth substantial violations
that may result in contract termination and other violations that may
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provide for a period of time for correction before the contract may be
terminated.
(b)The third-party administrator,or an officer,a director,a manager or
a managing member,or a control person of the third-party administrator,
has been found by a court of competent jurisdiction to have violated state or
federal laws related to the administration of a program authorized of the
provisions of ss.163.081-163.086 or a similar program in another jurisdic-
tion within the last 5 years.
(c)Any officer,director,manager or managing member,or control person
of the third-party administrator has been convicted of,or has entered a plea
of guilty or nolo contendere to,regardless of whether adjudication has been
withheld,a crime related to administration of a program authorized of the
provisions of ss.163.081-163.086 or a similar program in another jurisdic-
tion within the last 10 years.
(d)An annual performance review reveals a substantial violation or a
pattern of violations by the third-party administrator.
(5)Any recorded financing agreements at the time of termination or
suspension by the program administrator shall continue,except any
financing agreement for which the provisions of s.163.086 apply.
Section 6.Section 163.085,Florida Statutes,is created to read:
163.085 Advertisement and solicitation for financing qualifying im-
provements programs under s.163.081 or s.163.082.—
(1)When communicating with a property owner,a program adminis-
trator,qualifying improvement contractor,or third-party administrator may
not:
(a)Suggest or imply:
1.That a non-ad valorem assessment authorized under s.163.081 or s.
163.082 is a government assistance program;
2.That qualifying improvements are free or provided at no cost,or that
the financing related to a non-ad valorem assessment authorized under s.
163.081 or s.163.082 is free or provided at no cost;or
3.That the financing of a qualifying improvement using the program
authorized pursuant to s.163.081 or s.163.082 does not require repayment
of the financial obligation.
(b)Make any representation as to the tax deductibility of a non-ad
valorem assessment.A program administrator,qualifying improvement
contractor,or third-party administrator may encourage a property owner to
seek the advice of a tax professional regarding tax matters related to
assessments.
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(2)A program administrator or third-party administrator may not
provide to a qualifying improvement contractor any information that
discloses the amount of financing for which a property owner is eligible
for qualifying improvements or the amount of equity in a residential
property or commercial property.
(3)A qualifying improvement contractor may not advertise the avail-
ability of financing agreements for,or solicit program participation on behalf
of,the program administrator unless the contractor is registered by the
program administrator to participate in the program and is in good standing
with the program administrator.
(4)A program administrator or third-party administrator may not
provide any payment,fee,or kickback to a qualifying improvement
contractor for referring property owners to the program administrator or
third-party administrator.However,a program administrator or third-party
administrator may provide information to a qualifying improvement
contractor to facilitate the installation of a qualifying improvement for a
property owner.
(5)A program administrator or third-party administrator may not
reimburse a qualifying improvement contractor for its expenses in advertis-
ing and marketing campaigns and materials.
(6)A qualifying improvement contractor may not provide a different
price for a qualifying improvement financed under s.163.081 than the price
that the qualifying improvement contractor would otherwise provide if the
qualifying improvement was not being financed through a financing
agreement.Any contract between a property owner and a qualifying
improvement contractor must clearly state all pricing and cost provisions,
including any process for change orders which meet the requirements of s.
163.081(3)(d).
(7)A program administrator,qualifying improvement contractor,or
third-party administrator may not provide any direct cash payment or other
thing of material value to a property owner which is explicitly conditioned
upon the property owner entering into a financing agreement.However,a
program administrator or third-party administrator may offer programs or
promotions on a nondiscriminatory basis that provide reduced fees or
interest rates if the reduced fees or interest rates are reflected in the
financing agreements and are not provided to the property owner as cash
consideration.
Section 7.Section 163.086,Florida Statutes,is created to read:
163.086 Unenforceable financing agreements for qualifying improve-
ments programs under s.163.081 or s.163.082;attachment;fraud.—
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(1)A recorded financing agreement may not be removed from attach-
ment to a residential property or commercial property if the property owner
fraudulently obtained funding pursuant to s.163.081 or s.163.082.
(2)A financing agreement may not be enforced,and a recorded financing
agreement may be removed from attachment to a residential property or
commercial property and deemed null and void,if:
(a)The property owner applied for,accepted,and canceled a financing
agreement within the 3-business-day period pursuant to s.163.081(6).A
qualifying improvement contractor may not begin work under a canceled
contract.
(b)A person other than the property owner obtained the recorded
financing agreement.The court may enter an order which holds that person
or persons personally liable for the debt.
(c)The program administrator,third-party administrator,or qualifying
improvement contractor approved or obtained funding through fraudulent
means and in violation of ss.163.081-163.085,or this section for qualifying
improvements on the residential property or commercial property.
(3)If a qualifying improvement contractor has initiated work on
residential property or commercial property under a contract deemed
unenforceable under this section,the qualifying improvement contractor:
(a)May not receive compensation for that work under the financing
agreement.
(b)Must restore the residential property or commercial property to its
original condition at no cost to the property owner.
(c)Must immediately return any funds,property,and other considera-
tion given by the property owner.If the property owner provided any
property and the qualifying improvement contractor does not or cannot
return it,the qualifying improvement contractor must immediately return
the fair market value of the property or its value as designated in the
contract,whichever is greater.
(4)If the qualifying improvement contractor has delivered chattel or
fixtures to residential property or commercial property pursuant to a
contract deemed unenforceable under this section,the qualifying improve-
ment contractor has 90 days after the date on which the contract was
executed to retrieve the chattel or fixtures,provided that:
(a)The qualifying improvement contractor has fulfilled the require-
ments of paragraphs (3)(a)and (b).
(b)The chattel and fixtures can be removed at the qualifying improve-
ment contractor’s expense without damaging the residential property or
commercial property.
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(5)If a qualifying improvement contractor fails to comply with this
section,the property owner may retain any chattel or fixtures provided
pursuant to a contract deemed unenforceable under this section.
(6)A contract that is otherwise unenforceable under this section remains
enforceable if the property owner waives his or her right to cancel the
contract or cancels the financing agreement pursuant to s.163.081(6)but
allows the qualifying improvement contractor to proceed with the installa-
tion of the qualifying improvement.
Section 8.Section 163.087,Florida Statutes,is created to read:
163.087 Reporting for financing qualifying improvements programs
under s.163.081 or s.163.082.—
(1)Each program administrator that is authorized to administer a
program for financing qualifying improvements to residential property or
commercial property under s.163.081 or s.163.082 shall post on its website
an annual report within 45 days after the end of its fiscal year containing the
following information from the previous year for each program authorized
under s.163.081 or s.163.082:
(a)The number and types of qualifying improvements funded.
(b)The aggregate,average,and median dollar amounts of annual non-ad
valorem assessments and the total number of non-ad valorem assessments
collected pursuant to financing agreements for qualifying improvements.
(c)The total number of defaulted non-ad valorem assessments,including
the total defaulted amount,the number and dates of missed payments,and
the total number of parcels in default and the length of time in default.
(d)A summary of all reported complaints received by the program
administrator related to the program,including the names of the third-party
administrator,if applicable,and qualifying improvement contractors and
the resolution of each complaint.
(2)The Auditor General must conduct an operational audit of each
program administrator authorized under s.163.081 or s.163.082,including
any third-party administrators,for compliance with the provisions of ss.
163.08-163.086 and any adopted ordinance at least once every 3 years.The
Auditor General may stagger evaluations;however,every program must be
evaluated at least once by September 1,2028.The Auditor General shall
adopt rules pursuant to s.218.39 requiring each program administrator to
report whether it offers a program authorized pursuant to s.163.081 or s.
163.082,and other pertinent information.Each program administrator and,
if applicable,third-party administrator,must post the most recent report on
its website.
Section 9.A current contract,agreement,authorization,or interlocal
agreement between a county or municipality and a program administrator
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entered into before July 1,2024,shall continue without additional action by
the county or municipality.However,the program administrator must
comply with this act,and any contract,agreement,authorization,or
interlocal agreement must be amended to comply with this act.
Section 10.This act shall take effect July 1,2024.
Approved by the Governor June 28,2024.
Filed in Office Secretary of State June 28,2024.
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Page 35 of 48
1
St. Lucie County
Sustainability District
Request for Applications
Program Administrator Services –
Property Assessment Clean Energy (PACE)
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2
DESCRIPTION OF OPPORTUNITY
PACE is an acronym that stands for “property assessed clean energy.” The concept allows for
individual property owners (both residential and commercial) to voluntarily seek financing for
certain energy or wind resistance improvements in the form of a special assessment through a
local government entity. In this context, the special assessments are referred to as non-ad
valorem assessments which are collected in annual installments on the property tax bill mailed
each November by the county Tax Collector. In 2010 the Florida Legislature enacted section
163.08, Fla. Stat., which expressly authorized establishment of PACE financing programs and
described the process for imposing and collecting the related non-ad valorem assessments. In
2024, the Florida Legislature enacted substantial amendments by splitting s. 163.08 into multiple
statutes which expanded the types of improvements that may be financed through PACE,
imposed new consumer protections, extended participation in the program to lessees of
government property, and adopted new PACE contractor oversight and accountability provisions.
The statutory PACE provisions are now set forth in ss.163.08 through 163.087, Fla. Stat.,
collectively referred to herein as the “PACE Statutes”.
St. Lucie County, Florida (the "County") created the St. Lucie County Sustainability District
(“District”) in 2010 to accomplish energy efficiency and renewable energy objectives in the
County, including PACE financing. The District is a dependent special district of the County and
the membership of the District's board is identical to the Board of County Commissioners.
Request for Applications
The District invites organizations to complete and submit the attached application form if they
are interested in acting as a program administrator (“Administrator”) for PACE financing of
qualifying improvements in the County. As used herein, the term “qualifying improvements”
shall have the same meaning assigned in s. 163.08 of the PACE Statutes. The District is interested
in providing residents choices among multiple PACE programs with proven records of success;
accordingly, Program Administrators may serve on a non-exclusive basis.
The District anticipates that Administrators shall perform all necessary PACE functions, including
but not limited to, levy and collection of assessments through an already-established levy and
collection entity, interaction with County Constitutional officers (Tax Collector and Property
Appraiser), administration, partnership with municipalities and financing of qualifying
improvements. The District will consider any PACE program structure in response to this Request
for Applications, subject to the requirement that the Administrator either provides the financing
necessary or partners with a bank or other lender to provide the financing. As used herein, the
term “Administrator” means the program administrator as such term is defined in the PACE
statutes together with any financing partner engaged or procured by the program administrator
and any third-party administrator engaged by the Administrator pursuant to s. 163.084 of the
PACE Statutes.
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3
Administrators will be compensated through proceeds of funds disbursed pursuant to financing
agreements and/or annual assessments paid by property owners who participate in the PACE
program. The District expects that applicants will already have designed and implemented a
PACE program in other jurisdictions. The District will process applications as described below.
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4
APPLICATION PROCESS
Those interested in serving as an Administrator should complete the application form located in
Attachment A (“Application”) and return the original signed Application, six hard copies, and one
electronic copy on CD or flash drive in sealed envelope or package, to the County at:
MAILING ADDRESS: PHYSICAL ADDRESS:
St. Lucie County Purchasing Dept. St. Lucie County Purchasing Dept.
2300 Virginia Avenue, Room 228 2300 Virginia Avenue, Room 228
Fort Pierce, FL 34982 Fort Pierce, FL 34982
Applications shall not be presented at any other location.
ENVELOPES MUST BE MARKED:
Program Administrator Services Application – Property Assessment Clean Energy (PACE)
Any questions concerning this request shall be addressed to Desiree Cimino, St. Lucie County
Purchasing Manager at (772) 462-1700. All applications shall be due by 3:00 p.m. on XXX, 2024.
PROCESSING OF APPLICATIONS
The District will review each Application to determine whether, in the District’s sole interest and
judgment, to allow the applicant to serve as a program administrator. The District will consider:
1. The applicant’s institutional reliability
2. The applicant’s demonstrated ability to administer a PACE program (with emphasis on
past experience with PACE programs in Florida, but consideration will be given for
programs with similar functional requirements and from other jurisdictions)
3. The demonstrated value for residents and commercial property owners who chose to
participate in the program
4. Whether service to local participants will be provided from a physical location within the
District or from a remote location
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5. A demonstrated commitment to comply with state and county mandated consumer
protections, along with a commitment to provide accurate information, assistance and
contractor oversight
The District is not obligated to select any application or to authorize any administrator. The
District expects to authorize more than one Administrator, but it is not obligated to do so. If the
District selects an Administrator, the District will take further action as necessary to authorize the
Administrator to operate within the jurisdiction of the District (the boundaries of which generally
include the unincorporated area of St. Lucie County). Such actions may include, but are not
limited to, adopting one or more ordinances or resolutions authorizing the Administrator to
administer its program for financing qualifying improvements to residential and/or commercial
property, as required by ss. 163.081 and 163.082 of the PACE Statutes, respectively, and
approving the process established by the Administrator to register, qualify and monitor
participating contractors pursuant to s. 163.083 of the PACE Statutes.
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6
ATTACHMENT A
APPLICATION FORM
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7
APPLICATION TO PROVIDE PACE PROGRAM ADMINISTRATIVE SERVICES
Instructions: Please complete the application and return it as described in the “Application
Process” section of the Request for Applications.
Prepare the application on the applicant’s letterhead, addressed to the District, with the subject
line (Re:) of the letter indicating, “Application to Provide PACE Program Administrative Services.”
Without introductory or prefatory text, proceed to answer each of the questions posed below.
Before answering, reproduce the question, number ad text in italics. Mark attachments as
indicated below and attach them to the application with appropriate tabs (Exhibit 1, Exhibit 2,
etc.). Following the answer to final question, a person legally authorized to bind the applicant
must sign the application.
Any information claimed to be proprietary and exempt from Florida’s public records law must be
conspicuously marked as such. All required information must be included with the application,
or the District will disapprove and return the application.
The term “Applicant” as used in the following questions includes the lead organization submitting
the application and any partners or supporting organizations such as banks or lenders, and any
third-party administrator engaged by the lead organization pursuant to s. 163.084 of the PACE
Statutes.
APPLICANT INFORMATION:
No.Question
1 Identify the lead organization submitting this Application (the “Applicant”, including an
Individual responsible for the Application, and provide complete contact information,
including website address(es), for both the lead organization and any partners or
supporting organizations such as banks or lenders, and any third-party administrator
engaged by the lead organization pursuant to s. 163.084 of the PACE Statutes.
2 Describe the Applicant’s form of organization, e.g., dependent special district, a separate
legal entity created pursuant to s. 163.01(7), F.S.
3 Attach as Exhibit 1 the Applicant’s basic organizational documentation (e.g., articles of
incorporation and by-laws for private organization, or interlocal agreement or special act
for governmental entity) and, if applicable, proof of authority to do business in Florida.
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8
4 Identify all entities other than the Applicant that would be involved in providing the
services on behalf of the Applicant. In particular, identify (a) entities that may comprise
the Applicant and (b) entities responsible for major service components, and describe
the role of each.
5 Attach as Exhibit 2 the basic organizational documentation (e.g., articles of incorporation
and by-laws for private organization, or interlocal agreement or special act for
governmental entity) of every entity identified in the response to Question 4.
6 Identify the individuals who serve as officers or directors of the organizations identified
in the responses to Questions 1 and 4 (connect individuals to organizations).
7 Identify the individuals proposed to serve in key positions for the Applicant in providing
services including providing the entity’s consumer protection information and contractor
oversight, and briefly describe the role of each.
8 For every individual identified in the responses to Questions 6 and 7, list any professional,
occupational and vocational licenses.
9 For every individual identified in the responses to Questions 6 and 7, has the individual
ever been refused an occupational, professional, or vocational license by any regulatory
authority, or any public administrative, or governmental licensing, agency? If so, please
describe.
10 For every individual identified in the responses to Questions 6 and 7, has the individual
ever has an occupational, professional, or vocational license revoked, or otherwise
subject to disciplinary action? If so, please describe.
11 For every individual identified in the responses to Question 6 and 7, has the individual
ever been charged with, or indicted for, any criminal offense other than civil traffic
offenses? If so, please describe.
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12 For every individual identified in the response to Questions 6 and 7, has the individual
been, within the past ten years, a party to any civil action involving dishonesty, breach
of trust, or a financial dispute? If so, please describe.
13 For every individual in the responses to Questions 6 and 7, is the individual a “relative,”
as defined in section 112.3135(1)(d) of Florida Statutes, of any District elected official?
If so, please describe.
14 Identify how the applicant intends to provide service to property owners, e.g. remotely
or on-site?
PROVEN ABILITY TO DELIVER
No.Question
15 How much in capital funds are currently secured and available for PACE program
loans/assessments?
16 Identify and describe the source of financing the Applicant’s program makes available to
participating property owners.
17 Identify the States in which Applicant currently administers PACE programs and, for each,
indicate the number of years the Applicant has been administering such programs.
18 Identify the jurisdictions with the State of Florida in which Applicant currently
administers PACE programs and, for each, the number of years the Applicant has been
administering such programs.
19 How many applications for PACE program funding did Applicant receive in each of the
two calendar years before the date of the Application? For each year, distinguish
between residential and commercial applications and indicate the total dollar amount of
each category of applications.
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20 Identify programs with functional requirements similar to PACE programs that the
Applicant has administered and, for each, (a) identify the jurisdictional location of the
program, (b) identify the number of years the Applicant has been administering the
program, and (c) describe how the program requirements are similar to PACE programs.
21 Attach as Exhibit 3 any forms of agreement or authorization Applicant proposes to
memorialize its ability to act as Administrator. The District will not later sign any forms
not included in Exhibit 3.
22 Identify any upfront or annual costs or expenses that Applicant expects the District to
pay if Applicant is authorized to act as Administrator.
23 Describe the anticipated role and responsibility of District staff if the Applicant is
authorized to act as Administrator.
24 Describe the anticipated role and responsibility of the Property Appraiser if the Applicant
is authorized to act as Administrator.
25 Describe the anticipated role and responsibility of the Tax Collector if the Applicant is
authorized to act as Administrator.
26 How does the Applicant’s data collector track, evaluate and monitor the assessed
properties?
27 Does the Applicant require property owners to use contractors registered with
Applicant’s program?
28 How many contractors are registered in Applicant’s program?
29 Describe how Applicant manages its contractors (e.g., registration, certification, training,
monitoring, etc.).
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30 How does the Applicant intend to protect and inform consumers of the program risks?
31 How does Applicant’s program recover administrative and financing costs relating to
government offices? Please detail (e.g., PACE district administration, jurisdiction
setup/cost recovery fee, filing fees, Property Appraiser, Tax Collector).
32 How does Applicant’s program recover administrative and financing costs relating to
program administration? Please detail (e.g., application processing fee, technical project
review, bond counsel legal fees, annual collection fee, and debt service reserve fund).
33 How does Applicant’s program recover administrative and financing costs relating to
project financing and completion? Please detail (e.g., energy audit, appraisal fee, title
search, origination fee, pre-install site inspection, post-install site inspection, contractor
project fee).
VALUE FOR RESIDENTS
No.Question
34 What criteria does Applicant use for evaluating projects?
35 How does Applicant determine the most cost-saving option for each property?
36 Who evaluates the property (including property appraisals and energy audits) and who
pays for such evaluations?
37 How does Applicant get information related to codes, permitting, zoning, compliance,
etc.? Is such information incorporated into the initial assessment or eligibility
verification?
38 Describe any electronic application management system the Applicant make available to
property owners.
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39 Describe any database of participating contractors the Applicant make available to
property owners.
40 Describe any database of participating finance institutions the Applicant makes available
to property owners.
41 Describe any information on qualifying rebates and related incentives the Applicant
makes available to property owners.
42 Describe Applicant’s customer service support system (e.g., hours of operation, in-house
or outsourced, phone, chat, email, etc.)
43 If authorized as an Administrator, will Applicant operate with a physical presence in the
County?
44 Describe any savings tracking offered by the Applicant (e.g., estimated energy saved,
actual energy saved, estimated cost saved, actual cost saved, etc.).
45 What is the interest rate for financing charged by Applicant’s program as of the date of
the Application?
46 What are the available loan/assessment repayment terms?
47 Is there a penalty to the property owner for early repayment of the loan/assessment? If
yes, what is the penalty?
48 What is the existing program requirements for “lender consent” versus “lender notice”
for residential properties?
49 Describe how the average property owner applies for a loan/assessment.
50 What is the average time for an application to be approved?
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51 Attach as Exhibit 4 all of the documentation Applicant would require a property owner
to complete assuming the owner is interested in purchasing and installing a SunPower
Equinox system (or equivalent) for a 2,500 square foot single-story home in the District.
As the first page of Exhibit 4, include a table of contents. As the second page, include
system specifications and a summary of all fees and charges the owners would have to
pay under Applicant’s program, and identifying the payee or each fee or charge (e.g.,
application, inspection, financing, purchase cost, installation charges, etc.). Identify any
assumptions the Applicant deems necessary or helpful for the County to understand the
overall cost and its components.
52 Describe whether the Applicant intends to administer/finance qualifying improvements
for residential property, commercial property, or both.
53 Describe whether the Applicant does not intend to administer/finance any of the
qualifying improvements set forth in s. 163.08(4) of the PACE Statutes.
Reminder: A person legally authorized to bind the lead organization comprising the Applicant
must sign the application.
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