HomeMy WebLinkAboutAgenda Packet 08.15.2023SUSTAINABILITY DISTRICT
AGENDA
ST. LUCIE COUNTY
Regular Meeting
Tuesday, August 15, 2023
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. 3, Chair
LINDA BARTZ
District No. 4, Vice-Chair
JAMIE FOWLER
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 8/9
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Regular Meeting Tuesday, August 15, 2023 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 Community Services Manager at 772-462-1777 or TDD
772-462-1428 at least 48 hours prior to the meeting.
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Regular Meeting Tuesday, August 15, 2023 9:01 AM
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1.CALL TO ORDER
2.GENERAL PUBLIC COMMENT
3.APPROVAL OF MINUTES
A.Board of County Commissioners minutes for the Sustainability District Meeting of July 18, 2023.
B.Board of County Commissioners minutes for the Sustainability District Meeting of August 1, 2023.
C.Board of County Commissioners minutes for the Sustainability District Meeting of May 16, 2023.
4.CONSENT AGENDA
A.PUBLIC WORKS
1.Energy Special Assessment District (SAD) Annual Assessment Resolution
Staff recommends Board adoption of the attached resolution and authorization for the Chair
to sign documents as approved by the County Attorney.
5.PUBLIC HEARINGS
A.COUNTY ATTORNEY
1.Ordinance No. 2023-009 - An Ordinance of St. Lucie County, Florida Amending Article VI Of
Chapter 40 of the St. Lucie County Code Entitled "St. Lucie County Sustainability District" To
Adopt Additional Consumer Protection Provisions For Property Owners Applying For
"Property Assessed Clean Energy" (Pace) Funding In The District
Staff recommends the Board approve the attached draft ordinance.
6.MOTION TO ADJOURN
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Sustainability District Meeting
July 18, 2023 Convened: 9:02 AM Adjourned: 9:51 AM
1. CALL TO ORDER
The meeting was called to order at 9:02 AM by Chair Linda Bartz, District No. 3.
Present
Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris
Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4
Also Present
George Landry, County Administrator
Mayte Santamaria, Deputy County Administrator
Katherine Barbieri, Asst. County Attorney
Jennifer Hill, OMB Director
Benjamin Balcer, Planning & Dev. Services Director
Jennifer Garrity, Interim Budget Manager
Rangel Guerrero, Public Safety Director
Sonji Hawkins, Emergency Management Division Manager
Joel Shine, Development Director, Derecktor of Fort Pierce
Joshua Revord, Coastal Engineer
Barbara Guettler, MSBU Coordinator
Chris Craft, Tax Collector
Eddie Beck, Tax Collector Attorney
Stephanie Morgan, City of Port St. Luice Council Member
James Stokes, City of Port St. Luice Attorney
Katrina Slay, the Agenda Coordinator
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Bartz opened the meeting for public comment at this time. With no one wishing to address
the Board, Chair Bartz closed public comment.
3. CONSENT AGENDA
There were no items scheduled.
4. REGULAR AGENDA
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Sustainability District Meeting Tuesday, July 18, 2023 9:00 AM
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A. COUNTY ATTORNEY
1. Florida Pace Funding Agency (FPFA) - Request for Board Direction
Katherine Barbieri, Assistant County Attorney, presented this item to the Board. The County
enacted County Ordinance No. 2010-025 to create the Sustainability 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 according to financing agreements.
According to the resolution, the district engaged the Solar and Energy Loan Fund of St.Lucie
County, Inc. (SELF) as program administrator for the Energy Financing Program. The Administration
Agreement expired in September 2022 and the consumer protections above those required by
State law were built into the SELF program. In that regard, St. Lucie County is a statewide leader.
The district previously issued its taxable special assessment bonds in 2014 and entered the special
assessment funding agreement to establish a $2 million non-revolving line of credit with which to
finance the costs associated with the qualifying improvements constructed according to the
financing agreements entered into by the district and qualifying property owners. The Energy
Financing Program, as funded by the loan, has successfully financed numerous Qualifying
Improvements, and the principal amount of the non-revolving loan is now almost entirely
expended.
Inland, recently notified the district that they did not want to continue to fund the residential PACE
Program under the agreement. County staff contacted the SELF program in an attempt to find out
if they intend to continue processing residential and commercial PACE loans under a renewed
administration agreement in St. Lucie with another lender. According to the Director of SELF, they
remain interested in working with St. Lucie County to prudently oversee PACE financing in the
future. On January 3, 2023, the Florida PACE Financing Authority (FPFA) sent a letter to former
County Administrator Howard Tipton expressing their willingness to enter into an interlocal
agreement to facilitate information sharing but does not believe that an interlocal agreement is
necessary to provide PACE loans in St. Lucie County. The Florida PACE Financing Authority (FPFA)
bases its position on a bond validation judgment done by Leon County. In the review of the FPFA
validation judgment, the judgment with collateral issues beyond the scope of a bond validation
case includes authorization to operate in other counties without regard to existing county
programs or protection. St. Lucie County was not provided notice of the proceedings and was not a
party to the proceeding. Also, the County has not entered into an interlocal agreement with
Florida PACE Financing Authority (FPFA).
The attorney for St. Lucie County Tax Collector contacted the County Attorney's office and
provided a list of over 140 liens reportedly filed by Florida PACE Financing Authority (FPFA) on
properties in St. Lucie County. Based on a staff review of the addresses, it appears that the number
of liens is predominantly in the City of Port St. Lucie unincorporated area (25). The staff contacted
the two City Attorney's offices, the City of Fort Pierce and the City of Port St. Lucie to see if they
have entered into an interlocal agreement with Florida PACE Financing Authority (FPFA) and they
indicated they had not. As noted the 2010 County ordinance provides for the ability of the cities to
establish their own Florida PACE Financing Authority (FPFA) program and opt out of the County's
program. As discussion items for the Board, the County has several options which may be
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Sustainability District Meeting Tuesday, July 18, 2023 9:00 AM
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impacted by answers to the questions from the City of Fort Pierce and the City of Port St. Lucie:
1. Attempt to negotiate an interlocal agreement with the Florida PACE Financing Authority
(FPFA) program which, has indicated they will do but do not believe that is required.
2. Do nothing and let Florida PACE Financing Authority (FPFA) and other programs as such
operate in St. Lucie County.
3. Authorize the County Attorney to send a cease and desist letter to the Florida PACE
Financing Authority (FPFA) program, which several counties have done already.
4. Draft a Consumer Protection Ordinance instead of an agreement as previously done with
SELF to protect St. Lucie County citizens.
Staff recommended the Board provide direction. Due to the complexity of the issues and in the
absence of Board consensus, the Board may want to consider holding a special informal meeting
to further discuss the issues. Staff further recommended the Board direct the County Attorney to
draft and advertise a Florida PACE Financing Authority (FPFA) program consumer protection
ordinance for Board review and consideration at a public hearing.
Commissioner Dzadovsky expressed his concerns regarding the Florida PACE Financing Authority
(FPFA) program and the number of agencies around the nation involved in lawsuits due to
providing Florida PACE Financing Authority (FPFA) program loans. He mentioned the number of
homes in Port St. Lucie that have been affected by a little over $3 million Countywide and
suggested a Cease and Desist letter be drafted. He questioned if the staff had assembled a
coalition of agencies to manage the process. Ms. Barbieri advised the Florida Association of
Counties to put together a coalition of 20-26 members and the County joined and attended the
first meeting. She advised two counties are going through lawsuits, and they are monitoring them
at this time.
Commissioner Dzadovsky questioned whether there is a process by which the Board could meet in
an informal meeting with the coalition and provide directions to staff to check if the other counties
would participate in a lawsuit to stop this action in the state of Florida. Ms. Barbieri, there can be
an informal meeting set with a consensus of the Board, and to her knowledge, Leon County is in
consideration of a lawsuit at this time. Other counties are contemplating lawsuits, and two have
filed.
Chris Craft, St. Lucie County Tax Collector, and Tax Collector Counsel Eddie Beck addressed the
Board and advised a call was received in March from the Florida PACE Financing Authority
(FPFA) program asking if they would be placed on the tax roll if they were to send in the
participating individuals of the program and there were 100 unaware loans. The Tax Collector
indicated to them that there would be a challenge with their pending lawsuits that are being filed
against them and until they are settled they are not able to decide. He advised them until the
lawsuits are resolved it is recommended not to issue any more loans in St. Lucie County.
The Florida PACE Financing Authority (FPFA) program is now exceeding 150 loans as confirmed
recently, with 9 more lines being filed at St. Lucie County Clerks' Office. The Tax Collector advised
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Sustainability District Meeting Tuesday, July 18, 2023 9:00 AM
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Florida PACE Financing Authority (FPFA) until August 15, 2023, to provide the names of the
participating individuals, and at that time they will have to take a formal position on whether to
put them on the tax roll or not.
Tax Collector Counsel Eddie Beck advised the Board there are limitations to what the Tax
Collectors can do to stop the Florida PACE Financing Authority (FPFA) program because they are
ignoring current ordinances adopted to protect the citizens. Also, the suggested Cease and Desist
letter may not do anything because Florida PACE has gotten the same letters from 5-10 other
counties. the Florida PACE Financing Authority (FPFA) program has continued to issue loans within
St. Lucie County to vulnerable citizens. He advised Pace has entered into interlocal agreements
with other counties and withdrew from them and suggested the Board be proactive and file a
lawsuit.
Jim Stokes, Attorney for the City of Port St. Lucie advised they are scheduled to have a meeting to
discuss options regarding the Florida PACE Financing Authority (FPFA) program.
The Board and staff discussed the Interest Rates of the Loans Provided by Florida PACE, adding
Florida PACE to the Tax Roll, Loan Payment Defaults/Liens, Filing of Lawsuit against Florida PACE,
Drafting a County Ordinance, Loans Exceeding Home Value, Consumer Protection, State/Federal
Statues, funding, City of Fort Pierce and Port St. Lucie joining the Lawsuit against Florida PACE,
Emergency Injunction against Florida PACE. There was a consensus to bring the item back before
the Board for further discussion before August 15, 2023.
A motion was made to direct legal to send a cease and desist letter to the Florida Pace Funding
Agency (FPFA), to begin drafting and advertise a consumer protection ordinance, complete an
emergency protection injunction, and hold a Special Informal Meeting the following week to
finalize the following steps, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 4 Jamie Fowler
SECONDER: Commissioner District 2 Larry Leet
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
EXCUSED: None
5. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was
adjourned at 9:51 AM.
Please note: Final minutes are recorded in the official minute books filed with the Clerk of the
Circuit Court and available for inspection upon request.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Sustainability District Meeting
August 1, 2023 Convened: 6:01 PM Adjourned: 6:05 PM
1. CALL TO ORDER
The meeting was called to order at 6:01 PM by Chair Linda Bartz, District No. 3.
Present
Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris
Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4
Also Present
Dan McIntyre, County Attorney
George Landry, County Administrator
Mayte Santamaria, Deputy County Administrator
Katherine Barbieri, Assistant County Attorney III
Benjamin Balcer, Planning & Development Services Director
Kori Benton, Planning & Development Services Planning Manager
JoAnn Riley, Property Acquisition Manager
Thad Crowe, Planning & Development Services Senior Planner
Daniel Zrallack, County Engineer
Kori Benton, Planning & Development Services Planning Manager
Vera Smith, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Bartz opened the meeting for public comment at this time. With no one wishing to address the Board,
Chair Bartz closed public comment.
3. REGULAR AGENDA
A. COUNTY ATTORNEY
1. Resolution No. 2023-125 - A Resolution of the Sustainability District of St. Lucie County Declaring the
Florida Pace Funding Agency's Continued Operation in St. Lucie County without Authorization is a Public
Health Safety and Welfare Emergency
Katherine Barbieri, Assistant County Attorney III, presented this item to the Board. The authorization for
the County Attorney's office to initiate litigation as appropriate to stop the Florida PACE Funding Agency's
s continued operation in St. Lucie County. Whereas, without notice to the County or District, the Florida
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Sustainability District Meeting Tuesday, August 1, 2023 6:00 PM
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PACE Funding Agency (FPFA) initiated bond validation proceedings in Leon County Circuit Court, which
resulted in the issuance of a final judgment authorizing the agency to finance qualifying improvements for
property owners in all of Florida and the aggregate principal amount of $5 billion. On January 3, 2023,
FPFA sent a letter to former County Administrator Howard Tipton expressing their willingness to enter into
an interlocal agreement that just facilitates information sharing and feedback but states they do not
believe that an interlocal agreement is necessary to provide PACE in St. Lucie County. On January 11, 2023,
the Florida PACE Funding Agency (FPFA) began operating a program in the County and District in violation
of the Ordinances. Then the Florida PACE Funding Agency (FPFA) or its representatives began filing liens in
the County for program improvements. Whereas the liens filed in the County by Florida PACE Funding
Agency (FPFA) or its representatives reflect that the majority of property owners are being charged
interest rates as high as 9.99% for the qualifying improvement and that property owners will pay such
interest rates for at least 10 years, but a majority for 30 years for items such as windows, air-conditioning
units, and roofs.
Based on the interest rates charged and the terms of the financing agreements, the tax bill amount of the
property owners in the County will increase significantly. Almost a third of tax bills will double in amount
and a few will increase five times. The County contends that Chapter 164, the Florida Statutes, also known
as the Florida Government Conflict Resolution Act is not applicable based on the Florida PACE Funding
Agency (FPFA) assertion that has statewide authority and the court finds that Florida PACE is a
governmental entity. The Board of County Commissioners finds Florida PACE an immediate danger to the
health, safety, and welfare of the public in the creation of the liens. The County has the legal right not to
comply with Florida Statute Chapter 164. In the, whereas clause, the County has to make an amendment
stating the bond validation was in St. Lucie County when it is in Leon County, and the scrivener's error will
be corrected. St. Lucie County is requesting that the Board find that the Florida PACE Funding Agency
(FPFA) continued operation in the County under its asserted independent authority poses an immediate
danger to the health, safety, and welfare of the citizens of the County and compromises significant legal
rights of the County and therefore requires immediate action against it before compliance with the
provisions Chapter 164, Florida Statutes, the Florida government Conflict Resolution Act. Staff requested
the Board to approve the resolution as amended with one change to the whereas clause.
The Board did not have any questions or comments on this item.
A motion was made to approve the staff recommendation as amended, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 1 Chris Dzadovsky
SECONDER: Commissioner District 4 Jamie Fowler
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
EXCUSED: None
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Sustainability District Meeting Tuesday, August 1, 2023 6:00 PM
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4. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was adjourned at
6:05 PM.
Please note: Final minutes are recorded in the official minute books filed with the Clerk of the Circuit Court
and available for inspection upon request.
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BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA
Sustainability District Meeting
May 16, 2023 Convened: 9:04 AM Adjourned: 9:04 AM
1. CALL TO ORDER
The meeting was called to order at 9:04 AM by Chair Linda Bartz, District No. 3.
Present
Commissioner Cathy Townsend District 5, Commissioner Linda Bartz District 3, Commissioner Chris
Dzadovsky District 1, Commissioner Larry Leet District 2, Commissioner Jamie Fowler District 4
Also Present
Dan McIntyre, County Attorney
George Landry, County Administrator
Mayte Santamaria, Deputy County Administrator
Benjamin Balcer, Planning & Development Services Director
Patrick Dayan, Public Works Director
Barbara Guettler, Public Works MSBU Coordinator
JoAnn Riley, Property Acquisition Manager
Rebecca Olson, Interim Director of Public Utilities
Angela Riggins, Deputy Clerk Recording Secretary
2. GENERAL PUBLIC COMMENT
Chair Bartz opened the meeting for public comment at this time. With no one wishing to address
the Board, Chair Bartz closed public comment.
3. APPROVAL OF MINUTES
A motion was made to approve all minute sets, and it passed unanimously.
RESULT: APPROVE
MOVER: Commissioner District 5 Cathy Townsend
SECONDER: Commissioner District 2 Larry Leet
AYES: Cathy Townsend, Linda Bartz, Chris Dzadovsky, Larry Leet, Jamie Fowler
NAYS: None
EXCUSED: None
A. Board of County Commissioners minutes for the Sustainability District Meeting of February 21,
2023.
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Sustainability District Meeting Tuesday, May 16, 2023 9:01 AM
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4. CONSENT AGENDA
There were no items scheduled.
5. REGULAR AGENDA
There were no items scheduled.
6. MOTION TO ADJOURN
With no other information to be brought for consideration before the Board, the meeting was
adjourned at 9:04 AM.
Please note: Final minutes are recorded in the official minute's books filed with the Clerk of the
Circuit Court and available for inspection upon request.
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4.A.1.
2023-61077
DATE: 8/15/2023
AGENDA REQUEST
TO: Sustainability District
PRESENTED BY: Barbara Guettler, MSBU Coordinator
SUBMITTED BY: Public Works
SUBJECT: Energy Special Assessment District (SAD) Annual Assessment Resolution
BACKGROUND:
In 2010, the St. Lucie County Board of Commissioners created the Sustainability District (“the District”) for
purposes of accomplishing energy efficiency and renewable energy improvements through a Special
Assessment District (“SAD”). Property owner participation in the Energy SAD is completely voluntary. In 2012,
the District designated the Solar and Energy Loan Fund of St. Lucie County, Inc. (“SELF”) as the program
administrator for the District’s Energy Financing Program.
The attached 2023 Energy SAD Annual Assessment Resolution includes 81 parcels. The proposed assessment
amount per parcel ranges from $4,712.38 to $57,438.89 and will be financed for five (5) to twenty (20) years
at an interest rate ranging from 5.61% to 9.25%. The proposed annual assessment amount per parcel ranges
from $627.41 to $8,244.89 .
PREVIOUS ACTION:
October 18, 2022 - The Sustainability District Board approved Resolution No. 2021-187, Notice of Intent to
levy, and collect non-ad valorem special assessments in 2023 for the Energy SAD.
FINANCIAL IMPACT:
The revenue generated by the collection of special assessments for the Energy SAD will be utilized to repay
the loan obtained to fund the improvements. Funds will be deposited into the Energy SAD Fund (191-4115-
325100-4920).
RECOMMENDATION:
Staff recommends Board adoption of the attached resolution and authorization for the Chair to sign
documents as approved by the County Attorney.
COMMISSION ACTION:
RESULT:
MOVER: None
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SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: July 24, 2023
Patrick Dayan, Public Works Director
Date: August 03, 2023
Daniel McIntyre, County Attorney
Date: August 04, 2023
Mayte Santamaria, Deputy County Administrator
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1
RESOLUTION NO. 23-110
A RESOLUTION OF THE ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT APPROVING THE
DISTRICT'S FISCAL YEAR 2023-24 NON-AD VALOREM
ASSESSMENT ROLL; DIRECTING CERTIFICATION OF
THE ASSESSMENT ROLL TO THE ST. LUCIE COUNTY
TAX COLLECTOR; AND PROVIDING AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE GOVERNING BOARD OF THE ST. LUCIE
COUNTY SUSTAINABILITY DISTRICT AS FOLLOWS:
SECTION 1. AUTHORITY. This Resolution of the St. Lucie County
Sustainability District (the "District") is adopted pursuant to the provisions of Article VI
of Chapter 40 of the Code of Ordinances (the "Ordinance") of St. Lucie County, Florida
(the "County"), Chapter 189, Florida Statutes, Sections 163.08 and 197.3632, Florida
Statutes, and other applicable provisions of law (collectively, the "Act").
SECTION 2. DEFINITIONS.Capitalized terms not otherwise defined
herein shall have the meanings set forth in the Ordinance or the Act.
SECTION 3. FINDINGS.It is hereby ascertained, determined and
declared as follows:
(A) The County enacted the Ordinance in order to create the District and
establish the Energy Financing Program which offers qualified owners of real property
an opportunity to acquire and finance certain facilities and improvements, including
energy efficiency, conservation and sustainability improvements, as authorized by the
Act (the "Qualifying Improvements").
(B) The District is authorized by the Act and the Ordinance to impose special
assessments, sometimes referred to as non-ad valorem assessments, upon real property
within the District to provide for the funding of Qualifying Improvements.
(C) The special assessments are imposed by the District pursuant to financing
agreements entered into with the owners of real property who voluntarily apply for, and
who are approved for, the financing of Qualifying Improvements (the "Financing
Agreements").
(D) Such Financing Agreements provide for, among other things, repayment of
the costs associated with Qualifying Improvements through special assessments imposed
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by the District upon the real property benefitted by the improvements, and collection of
the assessments in annual installments pursuant to the uniform method of collecting non-
ad valorem assessments set forth in Section 197.3632, Florida Statutes.
(E) The District's execution of Financing Agreements, imposition of special
assessments and collection of same pursuant to the uniform method are expressly
authorized by Section 163.08, Florida Statutes.
(F) The District adopted Resolution No. 2022-187 on October 18, 2022,
expressing the District's intent to use the uniform method for collecting the non-ad
valorem assessments levied within the District, commencing in November, 2023.
(G) The Governing Board of the District wishes to hereby approve and certify
the District's non-ad valorem assessment roll for fiscal year 2023-24 and to direct
certification of such roll to the Tax Collector for collection of the special assessments in
November, 2023.
(H) The Assessments are imposed by the District, not the Property Appraiser or
Tax Collector. Any activity of the Property Appraiser or Tax Collector under the
provisions of this Resolution shall be construed solely as ministerial.
SECTION 4. APPROVAL AND CERTIFICATION OF ASSESSMENT
ROLL.
(A) The District's non-ad valorem assessment roll for fiscal year 2023-24 lists all
of the properties subject to special assessments imposed by the District pursuant to
Financing Agreements, and the amount of the annual installment to be collected from
each for such fiscal year. Such non-ad valorem assessment roll, a copy of which is on file
with the County Engineering Department and incorporated herein by reference, is hereby
confirmed and approved.
(B) The County's MSBU Coordinator is hereby authorized and directed to
certify the foregoing assessment roll to the Tax Collector by September 15, 2023. The
assessment roll as delivered to the Tax Collector shall be accompanied by a Certificate to
Non-Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix
A.
SECTION 5. SEVERABILITY.If any clause, section, or other part of this
resolution shall be held by any court of competent jurisdiction unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as eliminated and in no
way affects the validity of the other provisions in this resolution.
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SECTION 6. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its passage and adoption.
Passed and adopted by the St. Lucie County Sustainability District at a regular
meeting duly called this 15th day of August, 2023.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By:
Chair
ATTEST: Approved as to Form:
Deputy Clerk County Attorney
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APPENDIX A
FORM OF
CERTIFICATE TO NON-AD VALOREM ASSESSMENT ROLL
I HEREBY CERTIFY that I am the St. Lucie County MSBU Coordinator and authorized
agent of the St. Lucie County Sustainability District (the "District") located in St. Lucie County,
Florida; as such I have satisfied myself that all property included or includable on the non-ad
valorem assessment roll for the District (the "Non-Ad Valorem Assessment Roll") is properly
assessed so far as I have been able to ascertain; and that all required extensions on the above
described roll to show the non-ad valorem assessments attributable to the property listed therein
have been made pursuant to law.
I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act,
this certificate and the herein described Non-Ad Valorem Assessment Roll will be delivered to
the St. Lucie County Tax Collector by September 15, 2023.
IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be
delivered to the St. Lucie County Tax Collector and made part of the above described Non-Ad
Valorem Assessment Roll this 15th day of September 2023.
ST. LUCIE COUNTY
SUSTAINABILITY DISTRICT
By: ________________________________
Barbara Guettler, MSBU Coordinator
Page 18 of 42
5.A.1.
2023-61658
DATE: 8/15/2023
AGENDA REQUEST
TO: Sustainability District
PRESENTED BY: Katherine Barbieri, Assistant County Attorney III
SUBMITTED BY: County Attorney
SUBJECT: Ordinance No. 2023-009 - An Ordinance of St. Lucie County, Florida Amending
Article VI Of Chapter 40 of the St. Lucie County Code Entitled "St. Lucie County
Sustainability District" To Adopt Additional Consumer Protection Provisions For
Property Owners Applying For "Property Assessed Clean Energy" (Pace) Funding In
The District
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"). Pursuant to
Resolution No. 2012-001 adopted on July 3, 2012, the District engaged the Solar and Energy Loan Fund of St.
Lucie County, Inc. ("SELF") as Program Administrator for the Energy Financing Program. A copy of the July 3,
2012 Administration Agreement and the First Amendment are attached. The Administration Agreement
expired in September 2022. Consumer protections above those required by State law were built into the SELF
program. In that regard, St. Lucie County is a statewide leader.
The District previously issued its Taxable Special Assessment Bond, Series 2014 to Inland St. Lucie PACE, LLC
("Inland"), and entered into a Special Assessment Funding Agreement (Energy and Sustainability Financing
Program) dated August 19, 2014 with SELF and the Lender, to establish a $2,000,000 non-revolving line of
credit (the "2014 Loan") with which to finance the costs associated with Qualifying Improvements constructed
pursuant to Financing Agreements, entered into between the District and qualifying property owners. The
Energy Financing Program, as funded by the 2014 Loan, has successfully financed numerous Qualifying
Improvements and the principal amount of the non-revolving 2014 Loan is now almost entirely expended.
Inland, however, recently notified the District that Inland did not want to continue to fund residential pace
projects under the Agreement. County staff has contacted SELF in an attempt to find out if SELF intends to
continue to process residential and commercial PACE loans under a renewed Administration Agreement in St.
Lucie with another lender for residential PACE. According to the Director of SELF, SELF remains interested in
working with St. Lucie County to prudently oversee PACE financing in the future.
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, including the 2014 Bond, 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-
Page 19 of 42
5410.
FPFA
On January 3, 2023, FPFA sent the attached letter to former County Administrator Howard Tipton. The letter
expresses FPFA's willingness to enter into an interlocal agreement that "facilitates information sharing and
feedback" but states that FPFA does not believe that an interlocal agreement is necessary to provide PACE in
St. Lucie County. FPFA bases its position on a bond validation judgment (Florida Pace Funding Agency v. State
of Florida et. al., 2022-CA-001562 [ Fla. 2nd Cir. Ct. October 6, 2022]. In viewing the FPFA validation
judgment, it appears that the judgment includes collateral issues beyond the scope of a bond validation case
including authorizing FPFA to operate in other counties without regard to existing county programs or
protections. St. Lucie County was provided no notice of this proceeding and was not a party to the
proceeding. The County has not entered into an interlocal agreement with FPFA.
Recently, the attorney for the St. Lucie County Tax Collector contacted the County Attorney's office and
provided the County Attorney's office with a list of over 140 liens reportedly filed by FPFA on properties in St.
Lucie County. St. Lucie County Attorney's staff updated the list on July 19, 2023:
City of Fort Pierce: 10
St. Lucie County: 26
City of Port St. Lucie: 124 (one of these is a release of lien and probably should not be included in the count)
Other: 3 (These do not appear to be liens. They are final judgments and a resolution)
Staff has contacted the two City Attorney's offices to see if either City has entered into an interlocal
agreement with FPFA. The Port St. Lucie City Attorney's Office indicated that the City of Port St. Lucie has not
entered into an agreement with FPFA. Similarly, the Fort Pierce City Attorney's Office indicated that the City of
Fort Pierce has not entered into an agreement with FPFA. Please note that the 2010 County ordinance
provides for the ability of the Cities to establish their own PACE program and opt out of the County's
program. In addition, the FPFA website indicates that FPFA will submit a roll to the St. Lucie County Tax
Collector in 2023 in the amount of $3,120,081.98 for 111 parcels. Previously, FPFA did one loan in 2018 for
$12,476.49.
PREVIOUS ACTION:
On July 18, 2023, the Commissioners of the Sustainability District ordered a Cease and Desist letter to go out
and ordered drafting of a consumer protection order. On July 27, 2023, the County Attorney sent a Cease and
Desist Letter to FPFA.
On August 1, 2023,a Special Informal meeting was held by the St. Lucie County Board of County
Commissioners to review the status of the issues surrounding FPFA.
On August 1, 2023, Resolution No. 2023-129 was approved by the Board of County Commissioners. On August
1, 2023, Resolution No. 2023-125 was approved by the Sustainability District.
On August 4, 2023, a notice was published in the St. Lucie News Tribune providing notice of the Public Hearing
on August 15, 2023 to consider the adoption of Ordinance No. 2023-009 by the Board of County
Commissioners Sustainability District.
FINANCIAL IMPACT:
Page 20 of 42
N/A
RECOMMENDATION:
Staff recommends the Board approve the attached draft ordinance.
COMMISSION ACTION:
RESULT:
MOVER: None
SECONDER: None
AYES: None
NAYS: None
EXCUSED: None
Coordination/Signatures
Date: August 08, 2023
Katherine Barbieri, Assistant County Attorney III
Date: August 08, 2023
Daniel McIntyre, County Attorney
Date: August 09, 2023
George Landry, County Administrator
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1
ORDINANCE 23-009
AN ORDINANCE OF ST. LUCIE COUNTY, FLORIDA AMENDING ARTICLE VI
OF CHAPTER 40 OF THE ST. LUCIE COUNTY CODE ENTITLED "ST. LUCIE
COUNTY SUSTAINABILITY DISTRICT" TO ADOPT ADDITIONAL
CONSUMER PROTECTION PROVISIONS FOR PROPERTY OWNERS
APPLYING FOR "PROPERTY ASSESSED CLEAN ENERGY" (PACE) FUNDING
IN THE DISTRICT; PROVIDING THAT SUCH CONSUMER PROTECTIONS
SHALL APPLY TO ALL PACE FUNDING WITHIN THE DISTRICT; RATIFYING
AND CONFIRMING COUNTY INTENT THAT THE DISTRICT SHALL HAVE
SOLE AUTHORITY AND JURISDICTION TO PROVIDE AND ADMINISTER
PACE FUNDING, AND TO IMPOSE AND COLLECT RELATED NON-AD
VALOREM ASSESSMENTS WITHIN DISTRICT BOUNDARIES, UNLESS
OTHERWISE AGREED UPON AND CONSENTED TO BY THE DISTRICT
THROUGH INTERLOCAL AGREEMENT; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners (the "Board") of St. Lucie County (the "County")
adopted Ordinance No. 10-025 on June 15, 2010 (the "Sustainability Ordinance") which created the St.
Lucie County Sustainability District (the "District") for the purpose of establishing a financing program (the
"Energy Financing Program") for efficiency and renewable energy improvements through the imposition
of property assessed clean energy ("PACE") non-ad valorem special assessments, consistent with and in
furtherance of the state energy efficiency policy objectives set forth in section 163.01(8), Florida Statutes
(the "PACE Act"); and
WHEREAS, a property owner may participate in the Energy Financing Program by applying for
funding, and if the application is approved, by entering into a financing agreement (the "Financing
Agreement") with the District setting forth the terms and conditions by which funding is made available
for qualifying improvements ("Qualifying Improvements") and by which the funding is repaid over time
through PACE assessments collected in annual installments on the ad valorem property tax bill pursuant
to section 197.3632, Florida Statutes and the PACE Act; and
WHEREAS, participation in the Energy Financing Program and the imposition of PACE assessments
pursuant to Financing Agreements is thus consensual and voluntary, and PACE assessments are only
imposed upon the request and consent of property owners who have applied for funding; and
WHEREAS, the Sustainability Ordinance provides that the District consists of and includes
property within the geographical boundaries of the County, and that if any such property is located within
any municipality in the County, such property shall be so included in the District unless such municipality
shall have enacted an ordinance opting out of the District; and
WHEREAS, the District engaged the Solar and Energy Loan Fund of St. Lucie County ("SELF") to act
as program administrator and process and approve funding applications, facilitate financing of Qualifying
Improvements, and take such other actions and may be necessary and appropriate for ongoing
administration of the Energy Financing Program; and
WHEREAS, the District previously issued its Taxable Special Assessment Bond, Series 2014
(including any amendments thereto, the "2014 Bond") to Inland St. Lucie PACE, LLC (the "Lender"), and
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2
entered into that certain Special Assessment Funding Agreement (Energy and Sustainability Financing
Program) dated August 19, 2014 with SELF and the Lender (as amended from time to time, the "Funding
Agreement"), to establish a funding source with which to finance the costs associated with Qualifying
Improvements constructed pursuant to Financing Agreements entered into between the District and
qualifying property owners; and
WHEREAS, the Funding Agreement includes extensive disclosure requirements and consumer
protection provisions which meet or exceed the minimum requirements of the PACE Act, including
qualification criteria based on the applicant's ability to pay the PACE assessment over time, which are
applicable to Financing Agreements funded through proceeds of the 2014 Bond; and
WHEREAS, the Energy Financing Program has achieved great success over time, due in large part
to such disclosure requirements and consumer protections; and
WHEREAS, it has come to the Board's attention that PACE programs offered in other jurisdictions
in the State of Florida and nationally, particularly with respect to residential PACE assessments, have led
to negative property owner experiences including complaints against contractors and vendors who
construct and install Qualifying Improvements, and also against entities administering PACE financing
programs; and
WHEREAS, the County's Energy Financing Program has largely avoided such issues due to direct
oversight and involvement by the District and its consumer protection provisions; and
WHEREAS, since establishment in 2010, the District has been the sole authorized provider of PACE
Funding within the boundaries of the District, and the County wishes to ratify and confirm its continued
intent for the District to be the sole entity with authority and jurisdiction to provide PACE funding therein,
absent an interlocal agreement with a third party local government PACE provider by which the District
and/or the County expressly consents to the provision of PACE services, the imposition of PACE
assessments and administration of PACE services by such local government entity; and
WHEREAS, property owners are subject to losing title to assessed property, including homestead
property, in the event PACE assessments are unpaid, which underscores the necessity for appropriate
disclosure requirements, consumer protections and public safeguards, and the need for transparency and
local accountability; and
WHEREAS, this Ordinance is adopted for purposes of extending disclosure requirements and
consumer protections to all PACE funding within District boundaries.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County,
Florida, as follows:
SECTION 1. Amendment.
(A) Division 1 of Article VI of Chapter 40 of the St. Lucie County Code is hereby amended as
follows, with additional text indicated by underline and deleted text indicated by strikethrough:
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3
ARTICLE VI. ST. LUCIE COUNTY SUSTAINABILITY DISTRICT
DIVISION 1. GENERALLY
* * *
Sec. 40-172. Program Administration.
(a) The District may engage a for-profit or not-for-profit organization to administer the financing
program contemplated hereunder.
(b) Any such financing program offered within the District shall be administered pursuant to the
process, standards and requirements set forth in Division 3 and F.S. § 163.08, as may be
amended from time to time.
Sec. 40-173. Authorization of county officers and employees.
The board and all other county offices and employees are hereby authorized and directed to take
all action necessary and appropriate to effectuate the provisions of this article.
Secs. 40-174 – 40-205. Reserved.
Sec. 40-172. Eligible property owners.
An eligible property owner (or property) must meet the following criteria:
(1) Be the legal owner and provide proof of ownership in the application for the program.
(2) Property must be located within the county.
(3) Property owner must be current on property taxes, and show no delinquency in the last
five years or such shorter period during which the applicant has owned the property on the
property subject of the application for improvements.
(4) Property owner must be current on any mortgage or other debt secured by the property.
(5) Property owner cannot be in bankruptcy nor can the property be an asset in any bankruptcy
proceeding.
(6) Property cannot be in foreclosure.
(7) Property cannot have any federal income tax lien, judgment lien or similar involuntary lien
encumbering the property.
(8) Improvements must be reasonable for the scope of the property project and to the
property value in accordance with guidelines approved by the district.
Sec. 40-173. Energy savings audit.
(a) If required, an energy savings audit shall be conducted by a qualified energy auditor or a certified
building energy rater. The district shall provide a list of, and set forth the minimum standards for,
qualified or certified auditors and raters. At a minimum, the energy savings audit shall include the
following information:
(1) Recommendations for energy savings measures;
(2) Estimated energy savings and a priority ranking for each measure;
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4
(3) Estimated renewable energy to be produced;
(4) Estimated greenhouse gas reduction; and
(5) Estimated cost savings resulting from the implementation of the recommendations and use
of funds made available by the district.
(b) The board may establish an alternative process to meet this requirement, but that process must be
based upon professionally accepted methodologies for documenting the information required
herein.
Sec. 40-174. Application.
An eligible property owner must submit a complete application to the district for its approval. A
complete application shall include the following information:
(1) Proof of ownership and location of the property; organizational documents if the property
owner is not on the title as an individual.
(2) If applicable, documentation showing the existing structure or building that is the subject
of the application.
(3) A cost estimate for the installation of the qualifying improvements completed by a state
licensed contractor (including the name and license number of the contractor). This
estimate shall include all construction costs, equipment, permitting fees, recording fees for
the assessment of liens, energy audit costs, and contingency fees. Estimated costs shall be
reasonable for the scope of the proposed project and in relation to the property value.
(4) Written documentation indicating that the property owner is current in the mortgage, if
one exists on the property, and that there are no federal or state tax liens, judgments liens
or similar involuntary liens against the property subject of the application.
(5) Disclosure regarding non-ad valorem assessments.
(6) State fair lending notice, as required.
Sec. 40-175. Written agreement.
Upon submittal of a complete application to enter into the program as approved by the district,
the property owner shall enter into a voluntary written agreement with the district that shall constitute
the property owner's consent to be subject to a non-ad valorem assessment. The written agreement
shall be recorded and provide for the following:
(1) The maximum limit of the financing for the program shall be 20 percent of assessed value
per property, unless:
a. A higher financing amount is consented to by the mortgage holder on the property, if one
exists; and
b. For energy conservation and efficiency improvements or renewable energy improvements,
the energy audit, or information on energy savings measures provided in the application,
shows a demonstrated high level of energy savings that is equal to or greater than the
proposed assessment amount or renewable energy produced over the duration of the
financing.
(2) Express voluntary consent to accept the non-ad valorem assessment has been given.
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5
(3) The length of time permitted for the property owner to repay the non-ad valorem
assessment shall not exceed 20 years, including the term, interest rate and administrative
and financing fees.
(4) The property owner shall be responsible for ensuring the improvements are completed as
reflected in the approved application documents. The property owner also consents to
providing access to property to the county to verify that the improvements have been
completed as proposed in the application.
(5) At the time of a transfer of property ownership, the past due balances of any non-ad
valorem assessment under this subsection shall be due for payment, but future payments
shall continue as a lien on the property.
(6) The risks associated with participating in the program shall be disclosed in the written
agreement, including risks related to the failure of the participating property owners to
make payments and the risk of issuance of a tax certificate and loss of the property
pursuant to F.S. ch. 197.
(7) For energy conservation and efficiency improvements or renewable energy improvements,
the cost of an energy savings audit or the cost to complete an estimate of information on
energy savings measures, estimated energy savings for each measure, estimated
greenhouse gas reductions and estimated cost savings from the projects will be subject to
reimbursement upon execution of the written agreement to accept the non-ad valorem
assessment.
(8) The property owner shall agree to apply any rebates provided by an entity other than the
district, received for the projects approved by the district, towards the repayment of the
non-ad valorem assessment.
(9) If property taxes are paid through an escrow account, the property owner is responsible
for notifying the lender of any adjustment to monthly payments.
(10) The property owner shall provide all copies of final permits and inspections to the district
upon completion of the projects.
(11) The property owner shall agree to provide the district five years of utility statements
showing the energy usage for the property following the year in which the improvements
are made. The statements shall be due on the final day of the month when the
improvements were completed.
Sec. 40-176. Authorization of county officers and employees.
The board and all other county offices and employees are hereby authorized and directed to take
all action necessary and appropriate to effectuate the provisions of this article.
(B) Division 3 of Article VI of Chapter 40 of the St. Lucie County Code is hereby created to
read as follows:
DIVISION 3. PACE PROGRAM ADMINISTRATION; CONSUMER PROTECTIONS.
Sec. 40-208. Definitions.
For the purposes of this division, the following definitions shall apply:
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Assessed property shall mean property subject to a PACE assessment.
Board shall mean the St. Lucie County Board of County Commissioners.
County shall mean St. Lucie County, Florida.
District shall mean the St. Lucie County Sustainability District.
Eligible participant shall mean any residential or nonresidential property owner who voluntarily
participates in the PACE program and satisfies the eligibility requirements set forth in section 40-213.
PACE Act shall mean F.S. § 163.08, as may be amended from time to time.
PACE administrator shall mean a for-profit or not-for-profit organization engaged by the District to
administer a PACE program on behalf of and at the discretion of the District. In the event the County has
entered into a PACE interlocal agreement with PACE local government other than the District to
administer a PACE program within the County, the term PACE administrator shall include a for-profit or
not-for-profit organization engaged by such PACE local government.
PACE assessment shall mean the non-ad valorem assessment placed on a property owner's tax bill
as a result of financing obtained pursuant to the PACE financing agreement.
PACE contractor shall mean a contractor authorized by a PACE local government to sell, construct or
install qualifying improvements funded through the PACE program.
PACE financing agreement shall mean the agreement entered into between the eligible participant
and the PACE local government specifying the qualifying improvements to be installed at the property and
the terms and conditions for financing those improvements through PACE assessments levied on the
property.
PACE interlocal agreement shall mean an agreement entered into between the County and a PACE
local government other than the District authorizing the PACE local government to administer a PACE
program within the County in accordance with F.S. § 163.01 and this article.
PACE local government shall mean (i) the District, or (ii) a separate legal entity created pursuant to
F.S. § 163.01(7). To the extent that a PACE local government other than the District operates a PACE
program within the County through a contracted PACE administrator, the PACE local government is
responsible for the actions or inactions of the PACE administrator acting within the County in furtherance
of the PACE program as if it had taken such action, or failed to take such action, itself.
PACE program or program shall mean any Property Assessed Clean Energy program authorized by
F.S. § 163.08 offered within the boundaries of the District, excepting any municipality that has opted out
of the District.
Property means residential or nonresidential property located within the jurisdictional boundaries
of the District, excepting any municipality that has opted out of the District.
Qualifying improvements shall mean those improvements to real property provided for this article
or in F.S. § 163.08, including, but not limited to, energy conservation and efficiency, renewable energy
and wind-resistance improvements.
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7
Sec. 40-209. Purpose.
(a) PACE programs allow a property owner to voluntarily finance qualifying improvements through a
non-ad valorem assessment repaid through installments collected on the annual property tax bill.
Failure to pay the annual property tax bill can result in loss of title to property, even property which
comprises a homestead.
(b) It is in the best interests of the citizens of the County to have uniform consumer protection
regulations that apply to all PACE local governments and PACE administrators who implement and
manage PACE programs in the District.
(c) The purpose of this article is to provide such uniform consumer protection regulations to ensure
that:
(1) The citizens of St. Lucie County are fully apprised of the program;
(2) PACE local governments have developed a responsive complaint process;
(3) Qualifying improvements meet the statutory goals set forth in F.S. § 163.08; and
(4) PACE contractors meet certain standards of conduct.
(d) This article is intended to add requirements to the provisions of F.S. § 163.08 and other applicable
law as it currently exists and should be construed consistently with the PACE Act and any such other
applicable law. To the extent that the PACE Act provides for additional or more restrictive
requirements not otherwise found in this article or applicable law, the provisions of the PACE Act
must be met. To the extent that this article provides for more restrictive or additional requirements
not found in the PACE Act or any such other applicable law, the provisions of this article are intended
to apply.
Sec. 40-210. PACE Program Authorization.
The County hereby ratifies and confirms its intent that the District is and shall continue to be the
sole PACE local government authorized to provide a PACE program and related services in the County
(other than municipalities which have opted out of the District), unless otherwise agreed upon and
consented to by the District and/or the County in a PACE interlocal agreement expressly authorizing a
PACE local government other than the District to provide such PACE program and services. Upon entering
into a PACE interlocal agreement with the County, any such PACE local government shall be authorized to
administer a PACE program pursuant to F.S. § 163.08, the terms of this article as may be amended from
time to time, the PACE interlocal agreement and other regulations adopted by the board within the
District. The determination as to whether to grant such authorization and to enter into any such PACE
interlocal agreement shall be in the sole discretion of the District.
Sec. 40-211. Applicability.
The consumer protections and disclosure requirements set forth herein shall apply to any PACE
funding occurring in St. Lucie County, regardless of whether the program is administered by the County,
the District, a PACE local government other than the District where so authorized by PACE interlocal
agreement, or any PACE administrator. The adoption of uniform consumer protections applicable to all
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8
PACE funding in the County is in the best interests of, and is necessary for protection of, the property
owners and citizens of St. Lucie County.
Sec. 40-212. PACE program standards.
At a minimum, PACE local governments shall comply with each of the following standards and
include the following requirements:
(1)Qualifying improvements. All qualifying improvements shall be properly permitted
(where applicable) and must comply with Florida and local codes. PACE local governments shall finance
only qualifying improvements that are permanently affixed to the property.
(2)Licensed contractors. Any contractor constructing or installing a qualifying improvement
shall be properly licensed and insured, and authorized by the PACE local government as a PACE contractor.
(3)Materials and improvements. PACE local governments shall fund, and PACE contractors
shall construct or install, only qualifying improvements. PACE local governments shall establish an "eligible
measures list" that identifies the types and specifications of qualifying improvements, using efficiency
standards for materials and installation established by the U.S. Department of Energy, the U.S.
Environmental Protection Agency, or Florida state agencies, or independent third-party expert rating
entities, as applicable. Any solar photovoltaic system financed under a PACE program must have an online
monitoring system for maintenance and production monitoring purposes unless the property owner
declines the monitoring system in writing. The eligible measures list shall be regularly updated and made
publicly available. The county shall have the right to review and approve that list annually.
(4)Data security and consumer privacy. PACE local governments shall take security measures
to protect the security and confidentiality of consumer records and information to the extent permitted
or mandated by law. In addition, a privacy policy must be in place that complies with state and federal
law and, in particular, shall provide a property owner the ability to opt-out of having the property owner's
information shared with third parties, except where expressly permitted or required by state or federal
law.
(5)Contractor pricing. Within six months of entering into a PACE interlocal agreement, PACE
local governments shall have in place pricing rules and enforcement mechanisms to ensure property
owners are protected from excessive or unjustified prices and charges of PACE contractors.
(6)Estimated energy savings disclosure. PACE local governments shall require that PACE
contractors inform eligible participants of the following:
a. Where applicable, an estimate of energy and/or insurance cost savings, including the
range of efficiency options if appropriate, to the best of the PACE contractors' knowledge and using
industry best practices;
b. Available rebates or incentives;
c. The benefits of installing energy efficiency improvements before renewable energy to
reduce costs overall;
d. The benefits of a full energy audit of their property, names or websites of energy audit
professionals qualified through the Building Performance Institute, Association of Energy Engineers, or
other comparable program, and any available incentive programs associated with a qualifying
improvement;
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9
e. That the actual potential energy savings and/or insurance cost savings will depend on
usage patterns, seasonal variation and weather, insurance or utility rates and trends and product
specifications;
f. That any tax incentives, credits or rebates should be confirmed and discussed with an
independent tax professional of the eligible participant's choosing if there are any tax questions; and
g. Costs of the energy audit are eligible for financing as part of the assessment. This
estimated energy savings disclosure requirement shall be included in the "code of conduct" and in training
for PACE contractors.
(7)Notice to property owner. Prior to or contemporaneously with entering into a PACE
financing agreement, PACE local governments shall provide the property owner with a written notice
disclosing the following items:
a. The total amount of the debt, including interest;
b. The maximum annual PACE assessment and payment term that does not exceed the
expected useful life of the improvements or 20 years, whichever is less;
c. A three-day right to cancel the PACE financing agreement;
d. That the PACE assessment will appear on the property owner's tax bill;
e. That the PACE assessment will be collected in the same manner as real estate taxes, that
failure to pay the PACE assessment may cause a tax certificate to be issued against the property, and that
failure to pay may result in the loss of property subject to the PACE assessment, including homestead
property, in the same manner as failure to pay property taxes;
f. That the installation of qualifying improvements and PACE assessment may or may not
affect the overall market value of the property or energy cost savings;
g. That all applicable warranties or guarantees terms are set forth in writing, and what
materials or labor are not warrantied or guaranteed for each qualifying improvement;
h. That the PACE assessment may affect the sale or refinance of the property;
i. The right of prepayment without penalty;
j. That the property owner may be required to pay any PACE assessment in full at the time
of refinance or sale of the property; and
k. That if the property owner is using an escrow or impound account to pay their property
taxes, they should contact their lender immediately to ensure that the escrow payments are adjusted
correctly and the property owner is aware of and prepared for the increased payment amount.
The notice shall be signed and dated by the property owner to acknowledge that they
understand these conditions. The PACE local government shall record, or cause to be recorded, the notice
in the public records as an attachment to the PACE financing agreement. The signature page must clearly
designate that it relates to the PACE financing agreement and notice to property owner
acknowledgement. In the alternative, the foregoing notice provisions may be incorporated into the
recorded financing agreement or summary memorandum of financing agreement relating to the PACE
assessment.
(8)PACE financing agreement. After achieving compliance with all other mandated steps
provided for by law, including but not limited to receiving a verified copy or other proof of such notice
required by F.S. § 163.08(13), the PACE local government shall enter into a voluntary written agreement
with each eligible participant. Such agreement, or supporting documentation referenced within such
agreement and attached thereto, must include, at a minimum, the following:
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a. The full legal description of the property subject to the PACE assessment.
b. The amount of funding to be provided to the eligible participant.
c. Express voluntary consent by the eligible participant to accept the non-ad valorem
assessment collection process, set forth in F.S. § 197.3632.
d. The length of time for the eligible participant to pay the non-ad valorem assessment,
which shall not exceed the expected useful life of the most costly qualifying improvement(s) funded by
the PACE program (based on certification or other documentation provided by the manufacturer of the
qualifying improvement) , or 20 years, whichever is less.
e. The eligible participant shall be responsible for verifying that the qualifying improvements
are completed as reflected in the approved application documents. The eligible participant also consents
to providing access to the PACE local government or its agent to the property to verify that the qualifying
improvements have been completed as proposed in the application.
f. At or before the execution of a contract for the sale and purchase of any property for
which a non-ad valorem assessment for the PACE program has been levied and has an unpaid balance
due, the seller shall give the prospective purchaser a notice of the lien in accordance with F.S. §
163.08(14).
g. The risks associated with participating in the PACE program shall be clearly disclosed in
plain language in the written agreement with the eligible participant, including risks related to the failure
of the eligible participant to make payments, the risk that they may not be able to refinance the property
or sell the property unless the PACE assessment is paid off in full first, and the risk of issuance of a tax
certificate and loss of the property pursuant to F.S. ch. 197.
h. Description of the qualifying improvements, their cost, and estimated completion date.
i. Notice of the non-ad valorem assessment shall be recorded in the public records for the
property.
j. The PACE financing agreement shall clearly disclose, in plain language, the interest rate
to be charged, including points, as well as any and all fees or penalties that may be separately charged to
the eligible participant, including potential late fees. The subsequent charging or collecting any additional
fees that were not specifically disclosed in the written agreement with the property owner shall be
prohibited.
(9) The PACE local government shall record, or cause to be recorded, the following notice in
the public records within five days after execution of the PACE financing agreement, along with
appropriate PACE local government contact information for property owner inquiries:
QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, OR WIND
RESISTANCE. This property is located within the jurisdiction of a PACE local government that has placed
an assessment on the property pursuant to Section 163.08, Florida Statutes. The assessment is for a
qualifying improvement to the property relating to energy efficiency, renewable energy or wind
resistance, and is not based on the value of property. You are encouraged to contact the county property
appraiser's office to learn more about this and other assessments that may be provided by law.
(10)Financing. The PACE local government may offer only fixed simple interest rates and
payments that fully amortize the obligation. Variable or negative amortization financing terms are not
permitted. Capitalized interest included in the original balance of PACE financing does not constitute
negative amortization.
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(11)Project completion. The PACE local government shall require compliance with each of the
following conditions prior to the issuance of any payment to a PACE contractor for which a property will
be assessed:
a. PACE contractor and property owner has certified in writing that any necessary permits
have been obtained and any necessary inspections have been completed to close out any such permits;
b. Verification that the qualifying improvements have been constructed or installed; and
c. The property owner and the PACE contractor have signed a certificate of completion that
all improvements have been installed to the property owner's satisfaction.
(12)Lender notification. The PACE local government shall ensure that the property owner
provides notice to the holders or loan servicers of any existing mortgages encumbering or otherwise
secured by the property of the owner's intent to enter into a PACE assessment that, at a minimum satisfies
the requirements of F.S. § 163.08(13).
(13)PACE contractor management. Each PACE local government shall:
a. To the extent possible, conduct outreach to and enroll local contractors as PACE
contractors;
b. Establish a "code of conduct" that sets standards for PACE contractors such as licensing,
advertising and marketing, accurate representation of the program, and consumer protections;
c. Have and shall strictly enforce anti-kickback policies and procedures that prohibit direct
or indirect financial or other monetary incentives to PACE contractors in exchange for or related to such
PACE contractor being awarded work under a PACE program, excepting payment for the PACE contractor's
construction or installation of eligible improvements;
d. Train all PACE contractors on the regulations related to the PACE program and the code
of conduct;
e. Ensure that all PACE contractors hold necessary licenses and insurance;
f. Confirm PACE contractor qualifications at least annually and as necessary based upon
consumer complaints or other indications of lack of compliance; and
g. Remove PACE contractors from the PACE program who no longer meet program criteria,
have not met program requirements, or fail to resolve consumer complaints.
(14)Customer service. PACE local governments or their PACE administrators shall provide
customer service, including:
a. Access to customer service representatives by email and phone during normal business
hours (not less than 9:00 a.m. to 5:00 p.m. Monday through Friday excluding holidays);
b. A detailed website with specific reference to the PACE program offered in the District;
c. A transparent customer feedback and complaint process with quick response and
resolution by both the PACE contractor and the PACE local government or PACE administrator as
applicable.
1. A document outlining a complaint process shall be clearly available on the PACE local
government or PACE administrator's website and provided to customers.
2. For PACE programs administered by PACE local governments other than the District, the
document shall make clear that neither the District nor the County are operating or administering the
PACE program in any way and that all concerns about the program should be addressed directly to the
PACE local government, with clear contact information provided.
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3. All complaints and resolutions shall be logged, with the following information at a
minimum: date and time of complaint, customer and PACE contractor information, details of complaint,
when and what actions were taken by both the PACE local government or PACE administrator, and the
PACE contractor, and final resolution.
4. All disputes and complaints shall be investigated, and resolved in a timely manner.
Reports of the number of complaints received, time until resolution of each complaint, and method of
resolution of each complaint shall be provided to the County annually.
(15)Marketing and communications.
a. Marketing practices for a PACE local government that are or could appear to be unfair,
deceptive, abusive, or misleading, or that violate applicable laws or regulations, that are inappropriate,
incomplete or are inconsistent with the PACE local government's purpose are prohibited.
b. Neither PACE local governments (other than the District) nor their PACE administrators
or PACE contractors, shall use facsimiles of the County, city, property appraiser, or tax collector logos in
their marketing materials. Marketing materials shall not state that PACE:
1. Is a free program;
2. Is a county or city program;
3. Does not involve a financial obligation by the property owner; or
4. Is a form of public assistance.
(16)Protected classes. No PACE local government, PACE administrator, nor PACE contractor
shall discriminate against individuals on the basis of race, color, ancestry, disability, national origin,
religion, age, familial status, marital status, sex, gender, sexual orientation, gender identity and
expression, or genetic information.
(17)Metrics reporting. After not more than one year from the date of adoption of this
ordinance, PACE local governments shall track program metrics and report those metrics to the County
and any participating municipalities, by jurisdiction and in total, at least quarterly, in spreadsheet format
or another electronic format agreed upon by the County. Those metrics shall include, at a minimum:
a. Dates of the reporting period;
b. List of PACE projects (including municipal jurisdiction, financed amount, interest rate,
assessment duration, and project description) started during the reporting period, separated by building
type (e.g. retail, office, industrial, etc.);
c. List of PACE projects (including municipal jurisdiction) completed during the reporting
period, separated by building type project (e.g. retail, office, industrial, etc.), specifying:
1. The qualifying improvements made;
2. Project start date and completion date;
3. The projected energy savings and/or amount of potential renewable energy to be
generated;
4. Financial information such as cost per kilowatt hour saved/generated associated with the
projected energy savings and/or amount of potential renewable energy to be generated;
5. Other resource savings if data is available; and
6. Energy audits performed detailing the audit results, if applicable to the project;
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d. Number of actual or estimated jobs created during the reporting period, including, if
available, local versus non-local jobs and permanent versus temporary jobs;
e. Number of applications declined during the reporting period;
f. Unresolved complaints and/or contractor issues and status;
g. PACE assessment defaults and tax certificates issued on properties subject to PACE
assessment (updated annually); and
h. All data included in the reports must be developed and collected using standardized and
verified principles and methodologies for the industry. The methodologies and supporting assumptions
and/or sources must be made available to the county by the PACE local government. It is the responsibility
of the PACE local government to test and verify the data collection and reporting methods and models
used. All reports shall include only aggregate data, excluding any nonpublic personal information.
(18)Amendments. The County reserves the right to amend this article to revise PACE program
standards. It is the obligation of the PACE local governments to remain abreast of and comply with all
changes in applicable law, including changes to this ordinance made at public hearings.
(19)Reporting. PACE local governments will respond to County requests for information on
the PACE program in a timely manner and shall provide sufficient documentation as requested by the
County to ensure that the requirements of this article and the state statutes are being met. The PACE local
government shall retain sufficient books and records demonstrating compliance with the agreement and
state and county requirements for a minimum period of seven years from the initial date of each non-ad
valorem assessment, and shall allow County representatives access to such books and records upon
request.
Sec. 40-213. Eligible participants.
In order to be an eligible participant, a property owner (or property) must meet the criteria listed
below. The PACE local government is responsible for verifying that all of these conditions are met.
(1) Be the legal owner of the property and provide proof of ownership in the application for
the PACE program;
(2) Property must be within District boundaries;
(3) All property taxes and any other assessments levied on the same bill as property taxes are
paid and have not been delinquent for the preceding three years or the property owner's
period of ownership, whichever is less;
(4) Property owner must be current on any mortgage on the subject property;
(5) Property owner cannot be in bankruptcy nor can the property be an asset in any bankruptcy
proceeding;
(6) Property cannot have any federal income tax lien, judgment lien or similar involuntary lien,
including construction liens, encumbering it; and
(7) No notices of default or other evidence of property-based debt delinquency on the
property have been recorded during the preceding three years or the property owner's
period of ownership, whichever is less.
Sec. 40-214. Ability to Pay Determination.
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Prior to approving a financing agreement for the financing of qualifying improvements on single
family residential property, the PACE administrator shall make a good faith determination that the
property owner has a reasonable ability to pay the annual payment obligations for the PACE assessment.
Such determination shall be made based on the property owner’s current income, assets, and debt
obligations as follows.
(A) property owner applications shall include current monthly household income and current
monthly housing expenses.
(i) Housing expenses include:
(a) All mortgage principal and interest payments;
(b) Property insurance;
(c) Property taxes;
(d) Mortgage guaranty insurance; and
(e) Other preexisting fees and assessments on the property.
(ii) Household income includes:
(a) Income of mortgagor on the assessed property.
(b) Income may include the income of any persons 18 years of age or older who are
on the title of the property.
(c) The determination may also utilize the income of a property owner’s legal spouse
through marriage or domestic partnership who is not on title to the assessed
property. Any spouse or domestic partner who is not on title to the property shall
consent, in writing, to the inclusion of his or her income and to the verification of
his or income.
(iii) For any person whose income is considered, the PACE administrator shall also
consider their debt obligations which may be verified by the PACE administrator through a credit
report.
(iv) In evaluating current income, assets and debt obligations of the property owner,
the PACE administrator shall not consider the equity of the assessed property.
(v) The PACE administrator shall determine and consider the current or reasonably
expected income or assets of the property owner using reasonably reliable third-party records of
the property owner’s income or assets, which may include but are not limited to:
(1) A pay stub showing the most recent 30-day pay period or financial institution records
showing regular deposits consistent with reported income for the most recent 60
days.
(2) Copies of the most recent tax returns the property owner filed with the Internal
Revenue Service.
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(3) Copies of the most recent Internal Revenue Service Form W-2 (Wage and Tax
Statement), or other similar Internal Revenue Service forms that are used for
reporting wages or tax withholding.
(4) Payroll statements, including the Department of Defense Leave and Earnings
Statement (LES).
(5) Financial institution records, such as bank statements or investment account
statements reflecting the value of particular assets.
(6) Records from the property owner’s employer or a third party that obtained income
information from the employer.
(7) Records from a federal, state, or local government agency stating the property
owner’s income from benefits or entitlements. Income from benefits paid by a
government entity shall not include any benefits for which the recipient must satisfy
a means test or any cash equivalent nonmonetary benefits, such as food stamps.
(vi) Income may not be derived from:
(1) Temporary sources of income.
(2) Nonliquid assets.
(3) Proceeds derived from the equity from the assessed property.
(vii) Monthly debt obligations that shall be considered by the PACE administrator
include, but are not limited to:
(1) All secured and unsecured debt.
(2) Alimony.
(3) Child support.
(4) Monthly housing expenses. If property tax and insurance obligations are not included in
a property owner’s escrow, the PACE administrator shall use reasonably reliable methods
to determine these obligations.
(viii) In calculating the ability of the property owner to pay the annual payment
obligations, the PACE administrator shall determine that the property owner’s income is sufficient
to meet:
(1) Payment of the PACE assessment, including all interest and fees.
(2) Any mortgage payments, as defined by the higher of the property owner’s self-reported
housing payment or housing expenses.
(3) All existing debts and obligations.
(4) Sufficient residual income to meet basic household living expenses, defined as expected
expenses which may be variable based on circumstances and consumption patterns of the
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household. The PACE administrator may make reasonable estimation of basic living expenses
based on the number of persons in the household. Examples of basic living expenses include,
but are not limited to, the following:
(a) Food and other necessary household consumables.
(b) Transportation costs to work or school, including fuel costs, auto insurance and
maintenance costs, and public transit costs.
(c) Utilities expenses for telecommunication, water, sewage, electricity, and gas.
(ix) In the event the PACE administrator is unable to make a reasonable good faith
determination that the property owner has a reasonable ability to pay the annual payment
obligations for the PACE assessment, then the application submitted by such property owner shall
be denied.
(x) Notwithstanding a determination by the PACE administrator that the property
owner has a reasonable ability to pay the annual payment obligations for the PACE assessment,
the PACE administrator shall not be held liable for any delinquency or default by the property
owner with respect to the owner's payment obligations under the applicable Financing
Agreement.
Sec. 40-215. Recordation.
Any financing agreement entered into or a summary memorandum of such agreement between the
eligible participant and the PACE local government shall be recorded in the public records of the County
within five days after execution of the agreement pursuant to F.S. § 163.08(8). The recorded agreement
or summary memorandum of such agreement shall provide constructive notice that the assessment to be
levied on the property constitutes a lien of equal dignity to county taxes and assessments from the date
of recordation.
Sec. 40-216. Notice to purchaser.
(1) Property owners must comply with F.S. § 163.08(14) regarding providing a written
disclosure statement to a prospective purchaser.
(2) Failure to provide the notice referenced above to a purchaser of the property shall have
no effect on either the validity of any PACE assessment or any obligation of a property owner.
Sec. 40-217. Suspension or termination.
In the event any PACE local government fails to abide by the provisions of this article and the PACE
interlocal agreement, following 60-day notice to cure, the Board, in its sole discretion, may suspend or
terminate the PACE interlocal agreement and the PACE local government shall have no authority to
continue with any new projects within the District. Notwithstanding termination of the PACE interlocal
agreement, however, property owners whose applications were approved prior to the termination date,
and who received funding through the PACE program, shall continue to be a part of the PACE program,
for the sole purpose of paying their outstanding assessment payments, until such time that all outstanding
assessment payments have been satisfied.
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Secs. 40-218—40-237. - Reserved.
SECTION 2. Codification. County staff is hereby authorized and directed to codify, include
and publish the provisions of this Ordinance within the County Code. The provisions of this Ordinance may
be renumbered or re-lettered and the word "ordinance" may be changed to "section," "article" or other
appropriate word whenever necessary or convenient to accomplish such codification.
SECTION 3. Severability. In the event that any portion or section of this Ordinance is
determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decision
shall in no manner affect the remaining portions or sections of this Ordinance which shall remain in full
force and effect.
SECTION 4. Effective Date. This Ordinance shall take effect immediately after its adoption.
SECTION 5. Adoption.
After motion and second, the vote on this ordinance was as follows:
Linda Bartz, Chair ______
Jamie Fowler, Vice Chair ______
Chris Dzadovsky, Commissioner ______
Larry Leet, Commissioner ______
Cathy Townsend, Commissioner ______
PASSED AND DULY ADOPTED by the Board of County Commissioners Sustainability District of St. Lucie
County, Florida, this _______ day of __________________, 2023.
BOARD OF COUNTY COMMISSIONERS
SUSTAINABILITY DISTRICT
ATTEST: ST. LUCIE COUNTY, FLORIDA
_________________________ BY: ___________________________
Deputy Clerk Chair
APPROVED AS TO FORM AND
CORRECTNESS:
BY: ___________________________
County Attorney
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Order
Amount
Tax Amount Total Order
Amount
Payment Method Order Payment
Amount
Order Amount
Due
ST LUCIE COUNTY ATTO
2300 VIRGINIA AVE
FORT PIERCE FL 34982--563
$0.00 $246.24 $0.00 $246.24
AD#Account
$246.241313427 Invoice0005782418
Sales Rep: jrohde Order Taker: jrohde 07/25/2023Order Created
End DateStart Date# InsProduct Column Lines
08/04/2023 08/04/2023 1TCN-St Lucie News Tribune 1.00 144
* ALL TRANSACTIONS CONSIDERED PAID IN FULL UPON CLEARANCE OF FINANCIAL INSTITUTION
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Text of Ad: 07/25/2023
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