County to bring PACE item after industry says courts upheld FPFA assessments
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Summary
PACE financing providers told the council courts upheld FPFA bond validations and tax-roll placements; county legal staff said the county will bring an item on Jan. 20 to dismiss its local challenge and to consider local interlocal agreements for PACE providers.
Speakers representing PACE providers told the Volusia County Council that Florida courts — including appellate rulings and a Supreme Court decision referenced by industry speakers — sustained the Florida PACE Funding Agency’s bond validations and required assessments to be placed on the tax roll.
Industry representatives (Chris Nard and Chris Peterson) said the litigation has been costly and disruptive and that many homeowners remain off the tax roll; they urged the county to act so assessments can be placed on tax bills and owners avoid payment disruptions. Peterson added that a Supreme Court decision did not eliminate the need for a local interlocal agreement for future operations; he said companies may operate under a home-rule authorizing clause but that a county ILA would be required to continue local operations voluntarily.
County legal staff told council members they would bring an agenda item on Jan. 20 recommending dismissal of the county’s local case in light of the state-law changes and the federal/state rulings, and that local agreements remain a policy decision for the council to consider. The council asked staff to prepare that agenda item and to present policy options for whether to require interlocal agreements going forward.
What’s next: County staff will prepare an agenda item for Jan. 20 regarding local litigation posture and potential interlocal agreements with PACE providers.