SUBJECT
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Approve Settlement Agreement with Florida PACE Funding Agency.
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DESCRIPTION
On June 6, 2023, the Board adopted Resolution No. 23-063 authorizing the County Attorney and outside counsel upon request of the Polk County Tax Collector, to intervene or join lawsuits that contest the ability for the Florida PACE Funding Agency to collect non-ad valorem assessments on property located in unincorporated Polk County, without Polk County entering into an interlocal agreement authorizing such assessments.
On July 1, 2024, SB 770 became effective, which requires PACE programs to be authorized by the county or municipality by ordinance or resolution prior to the programs being offered in the county or municipality. The Settlement Agreement would authorize the Tax Collector to collect Florida PACE assessments imposed prior to July 1, 2024. Florida PACE, as part of the Settlement Agreement, agrees that it will not request or pursue collection of any assessments first imposed on or after July 1, 2024, unless there is a current interlocal agreement in place with the jurisdiction in which the subject property is located.
RECOMMENDATION
Approve Settlement Agreement with Florida PACE Funding Agency.
FISCAL IMPACT
No Fiscal Impact.
CONTACT INFORMATION
Randy Mink
County Attorney
863-534-7679