§ 38-321. Findings of Fact.

(a)

Section 163.08, Florida Statutes authorizes local governments defined as a county, a municipality, a dependent special district as defined in Section 189.012, Florida Statutes or a separate legal entity created pursuant to Section 163.01(7), Florida Statutes to establish and administer financing programs pursuant to which owners of real property may voluntarily obtain funding for Qualifying Improvements and repay such funding through non-ad valorem assessments, levied upon the improved property pursuant to financing agreements between the property owner and the PACE Local Government(s).

(b)

Several PACE Local Governments have been created and the availability of the voluntary, non-exclusive PACE Program offered by the separate PACE Local Governments is subject to an agreement with the local governing body and is without cost, assumption of liability by, or demand upon the credit of the local governing body.

(c)

Section 163.08(3), Florida Statutes authorizes a PACE Local Government to levy non-ad valorem assessments to fund qualifying improvements within jurisdictions that authorize the Program.

(d)

It is within the best interests of the citizens of Sarasota County to authorize a PACE Program through the adoption of an ordinance that sets uniform consumer protections that apply to all PACE Local Governments who implement and manage PACE Programs in unincorporated Sarasota County and in those municipalities within Sarasota County who choose to opt into the Program.

(e)

A PACE Local Government shall be authorized to implement the PACE Program within Sarasota County through the execution of an individual interlocal agreement with Sarasota County.

(f)

The installation and operation of Qualifying Improvements not only benefits the affected properties for which the improvements are made, but also provides a public benefit by assisting in fulfilling the goals of the State's and County's energy and hurricane mitigation policies.

(g)

The voluntary participation in the PACE Program by property owners will provide an alternative financing option to finance the costs to provide and install Qualifying Improvements to property located within Sarasota County.

(Ord. No. 2017-051, § 2, 10-11-2017)