Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
title
A. MOTION TO WAIVE Section 18.5(e)(1) of the Broward County Administrative Code, which requires that the Board first direct the County Attorney’s Office to draft a proposed ordinance.
(Parts A and B were heard concurrently and voted on separately.)
ACTION: (T-10:35 AM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0. Commissioner Davis voted in the affirmative telephonically.
B. MOTION TO ENACT Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE PROPERTY ASSESSED CLEAN ENERGY (“PACE”) PROGRAM IN BROWARD COUNTY; AMENDING VARIOUS SECTIONS OF CHAPTER 20, ARTICLE VII, DIVISION 8 OF THE BROWARD COUNTY CODE OF ORDINANCES (“CODE”) REGARDING THE BROWARD PACE ACT; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Parts A and B were heard concurrently and voted on separately.)
ACTION: (T-10:38 AM) Filed proof of publication and enacted Ordinance No. 2025-04 to become effective as provided by law as amended with Public Hearing Additional Material 61(2), dated January 28, 2025, submitted at the request of Commissioner Geller; Exhibit 1C; a date change from previously referenced February 28, 2025 to March 31, 2025; and as further recited by County Attorney Andrew J. Meyers. (Refer to minutes for full discussion.) (See Regular Meeting Additional Material 61, dated January 28, 2025, submitted at the request of Office of the County Auditor.)
VOTE: 9-0. Commissioner Davis voted in the affirmative telephonically.
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Why Action is Necessary
Board action is necessary to consider the proposed Code amendments, which were prepared by the County Attorney’s Office at the Board’s direction on October 8, 2024.
What Action Accomplishes
Enables the Board to consider the proposed Code amendments to the Broward PACE Act.
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Previous Action Taken
Summary Explanation/Background
On October 8, 2024, the Board enacted changes to the Broward PACE Act, with an effective date of January 31, 2025, to consolidate, strengthen, and update requirements for the voluntary financing of certain qualifying improvements to real property within Broward County through non-ad valorem assessments on such real property by PACE program administrators (collectively, “PACE financing”). The deferred effective date enabled further discussions with Commissioners, County staff, and industry stakeholders on some limited points and further enabled the drafting of proposed amendments for the Board’s consideration prior to the enacted Ordinance becoming effective.
Based on such discussions and further consideration of the issues, six separate amendments are proposed: three sponsored by Senator Geller (Exhibits 1A through 1C); one sponsored by Mayor Furr (Exhibit 2); and two proposed by the Resilient Environment Department (“RED”) (Exhibits 3A and 3B).
• Exhibit 1A would require that contractor pricing for residential qualifying improvements be within the average market prices in the tricounty area (rather than not exceeding 125% of such prices, as currently required in the Broward PACE Act) and would expressly include another example of a permissible construction cost database.
• Exhibit 1B would remove the requirement that PACE program administrators or third-party administrators independently conduct due diligence regarding average market prices for residential qualifying improvements and would instead require that the contractor performing the residential improvements attest that their pricing is within the prescribed limits, based on the contractor’s due diligence, on a form prescribed by the PACE program administrator and/or third-party administrator. For the Board’s convenience, Exhibit 1B includes the amendments proposed in Exhibit 1A.
• Exhibit 1C would defer the effective date of the amended Broward PACE Act until February 28, 2025, to provide an additional month for implementation and for program administrators to enter into the required interlocal agreement with the County.
• Exhibit 2 would remove automated valuation modeling from the permitted methods of determining fair market value of the subject property, leaving the market value as determined by the Broward County Property Appraiser or as determined by a private property appraisal (as is utilized for most mortgage loans) as the permissible valuation methods.
• Exhibit 3A would remove internal construction cost estimates as a basis for price due diligence.
• Exhibit 3B would require a return-on-investment disclosure to property owners if qualifying improvements in the aggregate exceed 15% of the County Property Appraiser’s assessed value for the most recent tax year.
The County Attorney’s Office coordinated with the County Administrator to ensure that notice of this proposed Ordinance was published ten days prior to this public hearing so that the Board can consider immediate enactment of the proposed Ordinance.
Source of Additional Information
Michael C. Owens, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Per the Office of Management and Budget, the estimated impact on the budget does not exceed the threshold required for a Fiscal Impact Statement.