Volusia County stands against Florida PACE Funding Agency assessments.

Written by Kristen Schmutz

Belden Communications News

The Volusia County Council has recently initiated legal measures to resist the imposition of non-ad valorem assessments on properties in unincorporated areas by the Florida PACE Funding Agency (FPFA), which funds The Property Assessed Clean Energy (PACE) program and enables homeowners to finance home improvements over an extended period with interest. These assessments are charges on property that do not depend on the property's value but on the benefit the property gains from a specific improvement or service.

According to a release, the Florida PACE Funding Agency obtained a Leon County circuit-court bond validation judgment claiming it can function statewide regardless of local regulations or ordinances. Volusia County and thirteen other counties have filed a motion seeking relief from the decision. The main contention is the overreach of jurisdictional authority and disregard for Home-Rule Charter protections.

Instead of opting for a conventional personal loan or other financing options for the PACE program, participants repay these modifications through their annual property tax bills. Qualifying projects under this program include solar panel installation, roofing enhancements, air-conditioning system upgrades, and seawall constructions.

In a recent ruling, the Volusia County Circuit Court declined the Florida PACE Funding Agency's request to mandate the Volusia County Tax Collector to incorporate this assessment into the County tax roll. However, certain municipalities within Volusia County have already established interlocal agreements with the Florida PACE Funding Agency. These municipalities retain the right to include these assessments on their municipal tax rolls without interference or objection from Volusia County.

“The Florida PACE Funding Agency should only be operating in counties and cities that have approved its program. We believe that is the law and are asking a Court to make that ruling," said County Attorney Mike Dyer.