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Fortify Financial warns Hillsborough County about costs of PACE tax‑roll dispute after Florida Supreme Court ruling
Summary
PACE provider Fortify Financial told the county that prolonged resistance to placing PACE assessments on the tax roll has imposed legal costs and liquidity pressures; speakers cited a Florida Supreme Court decision (Dec. 17, 2025) affirming collection by tax collectors and urged counties to comply to avoid homeowner surprise liens and market disruption.
Representatives of Fortify Financial told the Hillsborough County Commission Feb. 4 that ongoing disputes over how PACE (Property Assessed Clean Energy) assessments are collected have caused legal expenses, disrupted financing and harmed homeowners who may not see assessments on their tax bills.
Christopher Peterson (Fortify affiliate) thanked the board for readopting PACE and said a 2022 court ruling allowed the FPFA to operate statewide; Chris Nard (Fortify Financial, CEO) said the matter persisted until the Florida Supreme Court on Dec. 17, 2025 upheld that assessments should be collected by tax collectors as a ministerial duty. Nard said during the period of dispute Fortify completed roughly 130–138 assessments in Hillsborough County and that delays by some tax collectors to put assessments on the tax roll have cost homeowners and lenders and removed capital from the market.
“Now about half of these people pay and half don’t,” Nard said, describing operational impacts when assessments aren’t placed on the tax roll and warning that liens will surprise homeowners at refinance or sale if not properly listed.
What was requested: Fortify asked county staff to review processes and work collaboratively to ensure assessments are placed consistently on the tax roll so property owners are not caught unaware and so municipal financing markets can function predictably.
Context: Petitioners and some tax collectors had sought rehearings and appeals after lower‑court rulings; the Florida Supreme Court decision referenced by Fortify was described as affirming the collection method and clarifying the ministerial duty of tax collectors.
Board response: Chair Ken Hagan asked staff (Bonnie Wise) to have county personnel review the matter and confirm the county’s approach. No formal motion or policy change was adopted at the meeting.
Next steps: County staff will review the Supreme Court ruling and Fortify’s concerns and report back on whether administrative or process changes are needed to ensure assessments are handled and recorded to protect homeowners and county interest.
