Commission directs staff to pause PACE reimplementation after industry letter raises legal concerns
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Summary
Following receipt of a threatening letter from the Florida PACE Funding Agency's attorney relating to prior litigation and clerk authority, the board directed staff to pause efforts to reimplement a PACE program and to review consumer-protection measures before proceeding.
Brevard County commissioners directed staff to pause work on reimplementing the Property Assessed Clean Energy (PACE) program after a county tax-collector office received a letter from the Florida PACE Funding Agency's attorney that raised concerns tied to prior litigation and statutory authority.
Commissioners recounted prior discussion about reintroducing PACE and noted the tax collector received a strongly worded letter raising questions about the tax collector's statutory authority and the structure of PACE financing. Staff said the letter followed a public presentation by representatives of the same agency.
Several commissioners expressed concern about proceeding with staff time and taxpayer expense while the dispute and legal questions remain unresolved. One commissioner asked whether the county would join outside litigation; staff and the county attorney indicated the county might consider separate measures addressing unique local circumstances rather than joining existing suits.
By consensus and a recorded series of voice "ayes," commissioners directed staff to stand down on active PACE reimplementation work and consumer-protection resolution drafting until the board provides further direction or the legal concerns are resolved.
No new PACE policy was adopted; the board's action was limited to pausing staff work and research already underway.