Bill Text: FL S0824 | 2020 | Regular Session | Introduced
Bill Title: Clean Energy Programs
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2020-03-14 - Died in Community Affairs [S0824 Detail]
Download: Florida-2020-S0824-Introduced.html
Florida Senate - 2020 SB 824 By Senator Hooper 16-00604C-20 2020824__ 1 A bill to be entitled 2 An act relating to clean energy programs; amending s. 3 163.08, F.S.; creating the Property Assessed Clean 4 Energy (PACE) Act; providing a short title; revising 5 legislative findings; defining terms; authorizing a 6 property owner to apply to a local government or an 7 approved PACE administrator to finance a qualifying 8 improvement and enter into a PACE loan contract with 9 such government or administrator; authorizing a local 10 government to enter into a certain agreement with a 11 PACE administrator; specifying that a local government 12 or a PACE administrator may enter into a PACE loan 13 contract only with the record owner of a qualifying 14 commercial or residential real property; removing a 15 requirement for constructive notice; requiring that a 16 local government determine that the property owner has 17 not filed for bankruptcy within a specified number of 18 years before entering into a PACE loan contract; 19 providing the lien position of a PACE loan; providing 20 requirements for financing a qualifying residential 21 real property; providing requirements for and 22 restrictions on PACE loan contracts; prohibiting a 23 local government, a PACE administrator, or a PACE loan 24 contractor from entering into a PACE loan contract 25 with the property owner of qualifying residential real 26 property until verification of the property owner’s 27 ability to repay the loan; providing requirements for 28 such verification; authorizing certain methods of 29 verification; defining terms; providing procedural 30 requirements for a local government or a PACE 31 administrator in a certain telephone conversation with 32 the owner of qualifying residential real property 33 before the execution by the owner of a PACE contract 34 and the commencement of any installation of any energy 35 improvement; providing screening requirements for 36 income-eligible households that apply for a PACE loan 37 on qualifying residential real property; requiring a 38 financing estimate and disclosure form to be provided 39 to the property owner, subject to certain 40 requirements; providing the right to cancel a PACE 41 loan contract and requiring a disclosure statement to 42 be provided to the property owner relating to such 43 right, subject to certain requirements; prohibiting 44 PACE administrators and contractors from engaging in 45 certain practices; removing provisions relating to the 46 non-ad valorem assessment of property; removing 47 provisions requiring the property owner to provide 48 certain notice to the holders or loan servicers of any 49 existing mortgages encumbering or secured by the 50 property; prohibiting a local government or a PACE 51 administrator from entering into a PACE loan contract 52 under certain circumstances; prohibiting the making of 53 a PACE loan unless the qualifying property owner, the 54 local government, or the PACE administrator receives 55 certain signed confirmation from the holder of any 56 mortgage on the qualifying real property; providing 57 certain claims and defenses for a subsequent owner of, 58 a successor in interest to, or any person obligated to 59 pay the property taxes on qualifying residential real 60 property encumbered by a PACE lien; requiring PACE 61 administrators to comply with the Servicemembers Civil 62 Relief Act; prohibiting the waiver of specified 63 rights; providing remedies for an owner of qualifying 64 residential real property aggrieved by specified 65 violations; requiring that a seller give the 66 prospective purchaser a certain written disclosure 67 statement by the time the seller, rather than the 68 purchaser, executes a contract for the sale of a 69 certain property; providing an effective date. 70 71 Be It Enacted by the Legislature of the State of Florida: 72 73 Section 1. Section 163.08, Florida Statutes, is amended to 74 read: 75 163.08 Property Assessed Clean Energy ActSupplemental76authority for improvements to real property.— 77 (1) SHORT TITLE.—This section may be cited as the “Property 78 Assessed Clean Energy Act” or the “PACE Act.” 79 (2)(a)(1)(a)LEGISLATIVE FINDINGS.—In chapter 2008-227,80Laws of Florida, the Legislature amended the energy goal ofThe 81 state comprehensive plan providesto provide, in part, that the 82 state shall reduce its energy requirements through enhanced 83 conservation and efficiency measures in all end-use sectors and 84 reduce atmospheric carbon dioxide by promoting an increased use 85 of renewable energy resources.That act also declaredIt is the 86 public policy of the state to play a leading role in developing 87 and instituting energy management programs that promote energy 88 conservation, energy security, and the reduction of greenhouse 89 gases. In addition to establishing policies to promote the use 90 of renewable energy, the Legislature provided for a schedule of 91 increases in energy performance of buildings subject to the 92 Florida Energy Efficiency Code for Building Construction.In93chapter 2008-191, Laws of Florida,The Legislature adopted new 94 energy conservation and greenhouse gas reduction comprehensive 95 planning requirements for local governments and,.in the 2008 96 general election, the voters of this state approved a 97 constitutional amendment authorizing the Legislature, by general 98 law, to prohibit consideration of any change or improvement made 99 for the purpose of improving a property’s resistance to wind 100 damage or the installation of a renewable energy source device 101 in the determination of the assessed value of residential real 102 property. 103 (b) The Legislature finds that all energy-consuming 104 improved properties that are not using energy conservation 105 strategies contribute to the burden affecting all improved 106 property resulting from fossil fuel energy production. Improved 107 property that has been retrofitted with energy-related 108 qualifying improvements receives the special benefit of 109 alleviating the property’s burden from energy consumption. All 110 improved properties not protected from wind damage by wind 111 resistance qualifying improvements contribute to the burden 112 affecting all improved property resulting from potential wind 113 damage. Improved property that has been retrofitted with wind 114 resistance qualifying improvements receives the special benefit 115 of reducing the property’s burden from potential wind damage. 116 Further, the installation and operation of qualifying 117 improvements not only benefit the affected properties for which 118 the improvements are made, but also assist in fulfilling the 119 goals of the state’s energy and hurricane mitigation policies. 120 In order to make qualifying improvements more affordable and 121 assist property owners who wish to undertake such improvements, 122 the Legislature finds that there is a compelling state interest 123 in enabling property owners to voluntarily finance such 124 improvements with local government assistance. 125 (c) The Legislature determines that the actions authorized 126 under this section, including, but not limited to, PACE loans 127 for the financing of qualifying improvements through the 128 execution of loan contractsfinancing agreementsand the related 129 imposition of voluntary assessments, are reasonable and 130 necessary to serve and achieve a compelling state interest and 131 are necessary for the prosperity and welfare of the state and 132 its property owners and inhabitants. 133 (3)(2)DEFINITIONS.—As used in this section, the term: 134 (a) “Local government” means a county, a municipality, a 135 dependent special district as defined in s. 189.012, or a 136 separate legal entity created pursuant to s. 163.01(7). 137 (b) “PACE administrator” means an entity with whom a local 138 government contracts to administer a PACE program. 139 (c) “PACE contractor” means a person who installs 140 qualifying improvements under this section. 141 (d) “PACE loan” means financing offered to an owner of 142 qualifying commercial or residential real property for a 143 qualifying improvement which is repayable through a non-ad 144 valorem assessment. 145 (e) “PACE loan contract” means the legal agreement between 146 a local government, a PACE administrator, or a PACE contractor 147 and a qualifying property owner which contains the terms and 148 conditions of a PACE loan. 149 (f) “Qualifying commercial real property” means a 150 multifamily residential, commercial, or industrial building that 151 a local government has determined may be benefited by 152 installation of a qualifying improvement. 153 (g)(b)“Qualifying improvement” includes any: 154 1. Energy conservation and efficiency improvement, which is 155 a measure that reducesto reduceconsumption through 156 conservation or a more efficient use of electricity, natural 157 gas, propane, or other forms of energy on the property, 158 including, but not limited to, air sealing; installation of 159 insulation; installation of energy-efficient heating, cooling, 160 or ventilation systems; building modifications to increase the 161 use of daylight; replacement of windows; installation of energy 162 controls or energy recovery systems; installation of electric 163 vehicle charging equipment; and installation of efficient 164 lighting equipment. 165 2. Renewable energy improvement, which is the installation 166 of any system in which the electrical, mechanical, or thermal 167 energy is produced from a method that uses one or more of the 168 following fuels or energy sources: hydrogen, solar energy, 169 geothermal energy, bioenergy, orandwind energy. 170 3. Wind resistance improvement, which includes, but is not 171 limited to: 172 a. Improving the strength of the roof deck attachment; 173 b. Creating a secondary water barrier to prevent water 174 intrusion; 175 c. Installing wind-resistant shingles; 176 d. Installing gable-end bracing; 177 e. Reinforcing roof-to-wall connections; 178 f. Installing storm shutters; or 179 g. Installing opening protections. 180 (h) “Qualifying residential real property” means a single 181 family residential building that the local government has 182 determined may be benefited by installation of a qualifying 183 improvement. 184 (4)(3)PROGRAM PURPOSE AND AUTHORITY.— 185 (a) A local government may levy non-ad valorem assessments 186 to fund qualifying improvements. 187 (b)(4)Subject to local government ordinance or resolution, 188 a property owner may apply to the local government or an 189 approved PACE administrator for funding to finance a qualifying 190 improvement and enter into a PACE loan contractfinancing191agreementwith the local government or the PACE administrator. 192 Costs incurred by the local government for such purpose may be 193 collected as a non-ad valorem assessment. A non-ad valorem 194 assessment mustshallbe collected pursuant to s. 197.3632 and, 195 notwithstanding s. 197.3632(8)(a), isshallnotbesubject to 196 discount for early payment. However, the notice and adoption 197 requirements of s. 197.3632(4) do not apply if this section is 198used andcomplied with, and the intent resolution, publication 199 of notice, and mailed notices to the property appraiser, tax 200 collector, and Department of Revenue required by s. 201 197.3632(3)(a) may be provided on or before August 15 in 202 conjunction with any non-ad valorem assessment authorized by 203 this section, if the property appraiser, tax collector, and 204 local government agree. 205 (c)(5)Pursuant to this section or as otherwise provided by 206 law or pursuant to a local government’s home rule power, a local 207 government may enter into a partnership with one or more local 208 governments for the purpose of providing and financing 209 qualifying improvements. 210 (d)(6)A local government may enter into an agreement with 211 a PACE administrator to administer the PACE ActA qualifying212improvement program may be administered by a for-profit entity213or a not-for-profit organization on behalf of and at the214discretion of the local government. 215 (e)(7)A local government may incur debt for the purpose of 216 providing such improvements, payable from revenues received from 217 the improved property, or any other available revenue source 218 authorized by law. 219 (f)(8)A local government or a PACE administrator, as 220 applicable, may enter into a PACE loan contractfinancing221agreementonly with the record owner of the qualifying 222 commercial or residential realaffectedproperty. Any PACE loan 223 contractfinancing agreemententered into pursuant to this 224 section or a summary memorandum of such contract mustagreement225shallbe recorded in the public records of the county within 226 which the property is located by the sponsoring unit of local 227 government within 5 days after execution of the PACE loan 228 contractagreement.The recorded agreement shall provide229constructive notice that the assessment to be levied on the230property constitutes a lien of equal dignity to county taxes and231assessments from the date of recordation.232 (5)(9)PROGRAM REQUIREMENTS.—Before entering into a PACE 233 loan contractfinancing agreement, the local government shall 234 reasonably determine that: 235 (a) All property taxes and any other assessments levied on 236 the same bill as property taxes are paid and have not been 237 delinquent for the preceding 3 years or the property owner’s 238 period of ownership, whichever is less.;239 (b)thatThere are no involuntary liens, including, but not 240 limited to, construction liens on the property.;241 (c)thatNo notices of default or other evidence of 242 property-based debt delinquency have been recorded during the 243 preceding 3 years or the property owner’s period of ownership, 244 whichever is less.; and245 (d)thatThe property owner is current on all mortgage debt 246 on the property. 247 (e) The property owner has not filed for bankruptcy 248 protection within the preceding 3 years. 249 (6) PACE LOAN LIEN POSITION.—Notwithstanding any law to the 250 contrary, a PACE loan is: 251 (a) Subordinate to all liens on the qualifying real 252 property recorded before the notice of the PACE lien is 253 recorded. 254 (b) Subordinate to a first mortgage on the qualifying real 255 property recorded after the notice of the PACE lien is recorded. 256 (c) Superior to any lien on the qualifying real property 257 recorded after the notice of the PACE lien is recorded. 258 (7) FINANCING FOR QUALIFYING RESIDENTIAL REAL PROPERTY.—A 259 local government shall verify that: 260 (a) The maturity date of the PACE loan does not exceed the 261 useful life of the qualifying improvement, as determined by the 262 local government; however, a loan term may not exceed 15 years. 263 (b) The PACE loan amount does not exceed the lesser of 15 264 percent of the assessed value of the real property on which the 265 qualifying improvement will be installed or the actual cost of 266 all qualifying improvements on the property, including the labor 267 to install the improvements, and any equipment or materials used 268 to install the improvements. 269 (c) The combined debt of existing mortgages and the PACE 270 loan amount does not exceed 75 percent of the assessed value of 271 the real property. 272 (8) PACE LOAN CONTRACTS FOR QUALIFYING RESIDENTIAL REAL 273 PROPERTY.— 274 (a) A residential PACE loan contract must: 275 1. Be in writing and contain all the terms and conditions 276 of the PACE loan. 277 2. Be signed by the owner of qualifying residential real 278 property. 279 3. Be written in the language in which the contract was 280 negotiated. 281 4. Offer a fixed simple interest rate. 282 5. Charge an interest rate that does not exceed any limits 283 imposed by law. 284 6. Fully amortize the debt obligation. 285 7. Authorize prepayment of some or all of the PACE loan 286 balance with no penalty, fee, or other charge for such 287 prepayment. 288 8. Include the right to cancel, as provided in subsection 289 (13). 290 (b) A residential PACE loan contract may not: 291 1. Result at any time in negative amortization; 292 2. Charge any interest upon interest or fees; or 293 3. Contain any provision requiring forced arbitration or 294 restricting class action. 295 (9) UNDERWRITING FOR QUALIFYING RESIDENTIAL REAL PROPERTY.— 296 (a) The local government, PACE administrator, or PACE loan 297 contractor may not enter into a PACE loan contract with the 298 property owner of qualifying residential real property until it 299 verifies that the property owner has the ability to repay the 300 loan by determining that the: 301 1. Property owner’s total monthly debt to total monthly 302 income ratio at the time the loan is executed does not exceed 43 303 percent, including the PACE loan. 304 2. Property owner has sufficient residual income to meet 305 basic living expenses. 306 (b) Income, debt, and expenses must be verified by using 307 third-party records that provide reasonably reliable evidence of 308 the property owner’s income, debt, and expenses. A PACE 309 administrator may verify the property owner’s income using a tax 310 return transcript issued by the Internal Revenue Service. A 311 local government may also use the following records to verify 312 the property owner’s income or assets: 313 1. Copies of the property owner’s tax returns filed with 314 the Internal Revenue Service; 315 2. Internal Revenue Service forms used for reporting wages 316 or tax withholding; 317 3. Payroll statements; 318 4. Financial institution records; 319 5. Records from the property owner’s employer; or 320 6. Records from any governmental agency stating the 321 property owner’s income from any benefits or entitlements. 322 (c) For the purposes of this subsection, the term: 323 1. “Basic living expenses” includes, but is not limited to, 324 food and other household necessities; medical expenses, 325 including premiums, co-pays, and cost of medicine, and other 326 related expenses; transportation costs, including fuel, auto 327 insurance, and maintenance; public transportation costs; and 328 utility expenses. 329 2. “Residual income” means the property owner’s remaining 330 income after subtracting the owner’s total monthly debt 331 obligations from the owner’s total monthly income. 332 3. “Total monthly debt” means the sum of the property 333 owner’s monthly debt obligations, such as mortgage-related 334 obligations, which include all mortgage principal and interest 335 payments, insurance, property taxes, mortgage guaranty 336 insurance, and other preexisting fees and assessments, including 337 the PACE assessment and court-ordered alimony and child support. 338 4. “Total monthly income” means the sum of the property 339 owner’s current or reasonably expected income, including any 340 income from assets and excluding the qualifying residential real 341 property, including any attached real property, which secures 342 the PACE loan. Such income may not be derived from temporary 343 sources of income, illiquid assets, or proceeds derived from the 344 equity from the qualifying residential real property. 345 (10) CONFIRMATION FOR PACE LOANS ON QUALIFYING RESIDENTIAL 346 REAL PROPERTY.— 347 (a) Before the execution by the owner of qualifying 348 residential real property of a PACE contract and before the 349 commencement of any installation of any energy improvement, the 350 local government or the PACE administrator must orally, in a 351 live, recorded telephone conversation with the owner: 352 1. Confirm the key terms of the agreement and the scope of 353 energy improvement work, including, at a minimum: 354 a. The measures to be installed which are financed by the 355 PACE loan; 356 b. The total estimated annual payment; 357 c. The date the first tax payment will be due; 358 d. The interest rate expressed as an annual percentage 359 rate; 360 e. The term of the loan; and 361 f. That repayments will be made through the owner’s 362 property taxes. 363 2. Verify that the owner understands: 364 a. The key terms of the agreement; 365 b. If payments are escrowed, by how much the escrowed 366 amounts will increase, or, if payments are not escrowed, that 367 the property owner should save enough money during the year to 368 cover the increase in property taxes from the PACE loan; 369 c. That the PACE loan becomes a PACE lien on the owner’s 370 property and will likely need to be paid off when the house is 371 sold; 372 d. The right to cancel a PACE loan contract under 373 subsection (13); 374 e. The risk that energy savings from the energy improvement 375 measures may not equal or exceed the amount of the PACE loan 376 payments that will be added to the owner’s property taxes; 377 f. That the owner may encounter difficulty when refinancing 378 or selling the home; and 379 g. The risk of a tax lien for failure to pay increased 380 property taxes or foreclosure for failure to pay increased 381 escrow payments to the mortgageholder. 382 (b) A voicemail message does not meet the requirements of 383 this subsection. 384 (11) REQUIRED SCREENING.—Before entering into a PACE loan 385 on qualifying residential real property, income-eligible 386 households must be screened for eligibility for the 387 Weatherization Assistance Program or other low-cost or no-cost 388 programs that may be provided by the Florida Housing Finance 389 Corporation or the utility company serving the property owner. 390 (12) FINANCING ESTIMATE AND DISCLOSURE.— 391 (a) A financing estimate and disclosure form or a 392 substantially equivalent form that displays the same information 393 in a substantially similar format must be provided to the 394 property owner at least 3 business days before the PACE loan 395 contract is signed. The disclosure form must contain the 396 following statement: 397 Payments on the PACE loan contract will be made 398 through taxes assessed on your property. If your 399 property taxes are paid through an escrow account, 400 your mortgage lender may apportion the amount and add 401 it to your monthly payment. You may be required to pay 402 off the remaining balance of the PACE loan before you 403 can sell or refinance your property. If your property 404 tax payment is late, the enforcement and collection 405 procedures in the Florida Uniform Assessment 406 Collection Act may be used for the sale of a tax 407 certificate for your property and the ultimate sale of 408 your property for the payment of the delinquent 409 assessment installments, associated penalties, 410 interest, and other costs. 411 412 (b) The disclosure form also must contain cost and fee 413 information, including, but not limited to, product costs, 414 financing costs, annual interest rates, and administrative fees, 415 and a customer service toll-free telephone number and e-mail 416 address to address customer complaints. 417 (13) RIGHT TO CANCEL A PACE LOAN CONTRACT.— 418 (a) A local government may not permit a property owner to 419 enter into a PACE loan contract pursuant to this section unless 420 the property owner is given the right to cancel the PACE loan 421 contract. 422 (b) The property owner must receive the right to cancel 423 within 3 business days after the owner has signed the contract, 424 received the financing estimate and disclosure, or received the 425 notice of right to cancel, whichever is latest. 426 (c) The property owner must be provided with a notice of 427 cancellation form or a substantially similar form that contains 428 the same information in a similar format. The form must be 429 provided to the property owner as a separate, printed document 430 in at least 12-point type and must contain the following 431 statement: 432 To cancel the PACE loan contract you must mail or 433 otherwise deliver a signed and dated copy of this form 434 to (insert name of the PACE administrator) at (insert 435 physical address or, if the PACE administrator accepts 436 electronic cancellations, the e-mail address of the 437 PACE administrator). You do not have to use this form, 438 but you must notify (insert the name of the PACE 439 administrator) in writing at (insert physical address 440 or, if the PACE administrator accepts electronic 441 cancellations, the e-mail address of the PACE 442 administrator) of your intention to cancel. If you 443 cancel, any payments made by you under this contract 444 will be returned within 20 business days after the 445 PACE administrator receives this form. 446 447 (d) When an owner of qualifying residential real property 448 cancels a PACE loan, the owner is not liable for any amount, 449 including any finance charge, fee, or other charge. 450 (e) The right to cancel as provided under this subsection 451 may not be waived. 452 (14) PROHIBITED PRACTICES.—A PACE administrator or PACE 453 contractor may not do any of the following: 454 (a) Make any representations of increased value to a 455 property owner as a result of improvements made in connection 456 with the loan. 457 (b) Make any false, deceptive, abusive, or misleading 458 statement or material omission in connection with a PACE loan, 459 including, but not limited to, any statement that a PACE loan is 460 a free form of public assistance or a government program, that a 461 PACE loan will be repaid by the subsequent owner of the 462 qualifying residential property, that the improvements will pay 463 for themselves, or that the property owner will receive tax 464 benefits from the program. 465 (c) Begin construction work before the expiration of the 466 cancellation period following the execution of a PACE loan 467 contract. 468 (d) Charge the property owner a different price than would 469 be charged for similar improvements that are not financed 470 through a PACE loan. 471 (e) Disclose or permit disclosure to a PACE contractor or a 472 third party engaged in soliciting assessment contracts of the 473 amount of the PACE loan financing for which a property owner is 474 eligible. 475 (f) Offer or provide direct or indirect monetary payments; 476 any other form of compensation, incentive, kickback, or 477 inducement; or any other thing of value to a PACE contractor to 478 offer, favor, or refer a property owner to a PACE loan over 479 other forms of financing or credit. 480 (g) Sell, assign, or otherwise convey a PACE loan debt to a 481 debt buyer. 482 (15) QUALIFYING IMPROVEMENTS.— 483 (a)(10)A qualifying improvement mustshallbe affixed to a 484 building or facility that is part of the property and 485 constitutesshall constitutean improvement to the building or 486 facility or a fixture attached to the building or facility. An 487 agreement between a local government and a qualifying property 488 owner may not cover wind-resistance improvements in buildings or 489 facilities under new construction or construction for which a 490 certificate of occupancy or similar evidence of substantial 491 completion of new construction or improvement has not been 492 issued. 493 (b)(11)Any work requiring a license under any applicable 494 law to make a qualifying improvement mustshallbe performed by 495 a contractor properly certified or registered pursuant to part I 496 or part II of chapter 489. 497(12)(a)Without the consent of the holders or loan498servicers of any mortgage encumbering or otherwise secured by499the property, the total amount of any non-ad valorem assessment500for a property under this section may not exceed 20 percent of501the just value of the property as determined by the county502property appraiser.503(b)Notwithstanding paragraph (a), a non-ad valorem504assessment for a qualifying improvement defined in subparagraph505(2)(b)1. or subparagraph (2)(b)2. that is supported by an energy506audit is not subject to the limits in this subsection if the507audit demonstrates that the annual energy savings from the508qualified improvement equals or exceeds the annual repayment509amount of the non-ad valorem assessment.510(13)At least 30 days before entering into a financing511agreement, the property owner shall provide to the holders or512loan servicers of any existing mortgages encumbering or513otherwise secured by the property a notice of the owner’s intent514to enter into a financing agreement together with the maximum515principal amount to be financed and the maximum annual516assessment necessary to repay that amount. A verified copy or517other proof of such notice shall be provided to the local518government. A provision in any agreement between a mortgagee or519other lienholder and a property owner, or otherwise now or520hereafter binding upon a property owner, which allows for521acceleration of payment of the mortgage, note, or lien or other522unilateral modification solely as a result of entering into a523financing agreement as provided for in this section is not524enforceable. This subsection does not limit the authority of the525holder or loan servicer to increase the required monthly escrow526by an amount necessary to annually pay the qualifying527improvement assessment.528 (16) LIENHOLDER NOTICE AND CONSENT.— 529 (a) A local government or a PACE administrator may not 530 enter into a PACE loan contract with a qualifying owner unless 531 the owner, the local government, or the PACE administrator has: 532 1. Provided written notice to each of the holders of any 533 mortgage on the qualifying residential or commercial real 534 property that the property owner intends to enter into a PACE 535 loan contract; and 536 2. Obtained a verified written consent from each of the 537 holders of any mortgage on the qualifying residential or 538 commercial real property. 539 (b) A PACE loan may not be made unless the qualifying 540 property owner, the local government, or the PACE administrator 541 receives signed confirmation from the holder of any mortgage on 542 the qualifying real property that entering into the PACE loan 543 contract does not constitute an event of default or give rise to 544 any remedies under the terms of the mortgage loan or other 545 contractual agreement. 546 (17) PRESERVATION OF CLAIMS AND DEFENSES.—A subsequent 547 owner of, a successor in interest to, or any person obligated to 548 pay the property taxes on qualifying residential real property 549 encumbered by a PACE lien may assert all claims and defenses 550 against a PACE administrator or servicer of a PACE loan which 551 the owner of qualifying residential real property who originally 552 entered into the PACE loan could assert against the original 553 PACE administrator or servicer of a PACE loan. 554 (18) RELATION TO OTHER LAWS.—A PACE administrator must 555 comply with the Servicemembers Civil Relief Act, 50 U.S.C. ss. 556 3901 et seq. The rights granted under that act may not be 557 waived. 558 (19) REMEDIES.—In addition to remedies under the Florida 559 Deceptive and Unfair Trade Practices Act, any owner of 560 qualifying residential real property aggrieved by a violation of 561 this section is entitled to actual, incidental, and 562 consequential damages; reasonable attorney fees; investigative 563 and court costs; and any other equitable relief as determined by 564 the court against the local government, the PACE administrator, 565 or the PACE contractor. 566 (20)(14)ASSESSMENT FOR QUALIFYING IMPROVEMENT.—At or 567 before the time a sellerpurchaserexecutes a contract for the 568 saleand purchaseof any property for which a non-ad valorem 569 assessment has been levied under this section and has an unpaid 570 balance due, the seller shall give the prospective purchaser a 571 written disclosure statement in the following form, which shall 572 be set forth in the contract or in a separate writing: 573 574 QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, 575 RENEWABLE ENERGY, OR WIND RESISTANCE.—The property 576 being purchased is located within the jurisdiction of 577 a local government that has placed an assessment on 578 the property pursuant to s. 163.08, Florida Statutes. 579 The assessment is for a qualifying improvement to the 580 property relating to energy efficiency, renewable 581 energy, or wind resistance, and is not based on the 582 value of property. You are encouraged to contact the 583 county property appraiser’s office to learn more about 584 this and other assessments that may be provided by 585 law. 586 587 (21)(15)ENFORCEABILITY.—A provision in any agreement 588 between a local government and a public or private power or 589 energy provider or other utility provider is not enforceable to 590 limit or prohibit any local government from exercising its 591 authority under this section. 592 (22)(16)HOME RULE AUTHORITY.—This section is additional 593 and supplemental to county and municipal home rule authority and 594 not in derogation of such authority or a limitation upon such 595 authority. 596 Section 2. This act shall take effect July 1, 2020.