Florida Statute 163.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 163
INTERGOVERNMENTAL PROGRAMS

View Entire Chapter

F.S. 163.08

163.08 Definitions.—As used in ss. 163.081-163.087, the term:

(1) “Commercial property” means real property other than residential property. The term includes, but is not limited to, a property zoned multifamily residential which is composed of five or more dwelling units; and real property used for commercial, industrial, or agricultural purposes.

(2) “Program administrator” means a county, a municipality, a dependent special district as defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7) which directly operates a program for financing qualifying improvements and is authorized pursuant to s. 163.081 or s. 163.082.

(3) “Property owner” means the owner or owners of record of real property. The term includes real property held in trust for the benefit of one or more individuals, in which case the individual or individuals may be considered as the property owner or owners, provided that the trustee provides written consent. The term does not include persons renting, using, living, or otherwise occupying real property.

(4) “Qualifying improvement” means the following permanent improvements located on real property within the jurisdiction of an authorized financing program:

(a) For improvements on residential property:

1. Repairing, replacing, or improving a central sewerage system; converting an onsite sewage treatment and disposal system to a central sewerage system; or, if no central sewerage system is available, removing, repairing, replacing, or improving an onsite sewage treatment and disposal system to an advanced system or technology.

2. Repairing, replacing, or improving a roof, including improvements that strengthen the roof deck attachment; create a secondary water barrier to prevent water intrusion; install wind-resistant shingles or gable-end bracing; or reinforce roof-to-wall connections.

3. Providing flood and water damage mitigation and resiliency improvements, prioritizing repairs, replacement, or improvements that qualify for reductions in flood insurance premiums, including raising a structure above the base flood elevation to reduce flood damage; constructing a flood diversion apparatus, drainage gate, or seawall improvement, including seawall repairs and seawall replacements; purchasing flood-damage-resistant building materials; or making electrical, mechanical, plumbing, or other system improvements that reduce flood damage.

4. Replacing windows or doors, including garage doors, with energy-efficient, impact-resistant, wind-resistant, or hurricane windows or doors or installing storm shutters.

5. Installing energy-efficient heating, cooling, or ventilation systems.

6. Replacing or installing insulation.

7. Replacing or installing energy-efficient water heaters.

8. Installing and affixing a permanent generator.

9. Providing a renewable energy improvement, including the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses solar, geothermal, bioenergy, wind, or hydrogen.

(b) For installing or constructing improvements on commercial property:

1. Waste system improvements, which consists of repairing, replacing, improving, or constructing a central sewerage system; converting an onsite sewage treatment and disposal system to a central sewerage system; or, if no central sewerage system is available, removing, repairing, replacing, or improving an onsite sewage treatment and disposal system to an advanced system or technology.

2. Making resiliency improvements, which includes but is not limited to:

a. Repairing, replacing, improving, or constructing a roof, including improvements that strengthen the roof deck attachment;

b. Creating a secondary water barrier to prevent water intrusion;

c. Installing wind-resistant shingles or gable-end bracing;

d. Reinforcing roof-to-wall connections; or

e. Providing flood and water damage mitigation and resiliency improvements, prioritizing repairs, replacement, or improvements that qualify for reductions in flood insurance premiums, including raising a structure above the base flood elevation to reduce flood damage; creating or improving stormwater and flood resiliency, including flood diversion apparatus, drainage gates, or shoreline improvements; purchasing flood-damage-resistant building materials; or making any other improvements necessary to achieve a sustainable building rating or compliance with a national model resiliency standard and any improvements to a structure to achieve wind or flood insurance rate reductions, including building elevation.

3. Energy conservation and efficiency improvements, which are measures to reduce consumption through efficient use or conservation of electricity, natural gas, propane, or other forms of energy, including but not limited to, air sealing; installation of insulation; installation of energy-efficient heating, cooling, or ventilation systems; building modification to increase the use of daylight; window replacement; windows; energy controls or energy recovery systems; installation of electric vehicle charging equipment; installation of efficient lighting equipment; or any other improvements necessary to achieve a sustainable building rating or compliance with a national model green building code.

4. Renewable energy improvements, including the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses solar, geothermal, bioenergy, wind, or hydrogen.

5. Water conservation efficiency improvements, which are measures to reduce consumption through efficient use or conservation of water.

(5) “Qualifying improvement contractor” means a licensed or registered contractor who has been registered to participate by a program administrator pursuant to s. 163.083 to install or otherwise perform work to make qualifying improvements on residential property financed pursuant to a program authorized under s. 163.081.

(6) “Residential property” means real property zoned as residential or multifamily residential and composed of four or fewer dwelling units.

(7) “Third-party administrator” means an entity under contract with a program administrator pursuant to s. 163.084.

History.—s. 1, ch. 2010-139; s. 1, ch. 2012-117; s. 64, ch. 2014-22; s. 1, ch. 2024-273.

F.S. 163.08 on Google Scholar

F.S. 163.08 on Casetext

Amendments to 163.08

Arrestable Offenses / Crimes under Fla. Stat. 163.08

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 163.08.

Annotations, Discussions, Cases:

Cases Citing Statute 163.08

Total Results: 9

FLORIDA PACE FUNDING AGENCY v. PINELLAS COUNTY

Court: Fla. Dist. Ct. App. | Date Filed: 2024-03-27T00:00:00-07:00

Snippet: companies that install those improvements. Section 163.08(3) then authorizes an entity like FPFA to levy …authority and nonderogation provisions of sections 163.08(1) and (16), Florida Statutes, 1 The County

& SC14-1618 Florida Bankers Association v. Florida Development Finance Corporation, etc. & Robert Reynolds v. Florida Development Finance Corporation, etc.

Court: Fla. | Date Filed: 2015-10-15T00:53:00-07:00

Snippet: Act), established by the Legislature in section 163.08, Florida Statutes (2014).1 The PACE Act …circuit court, but 1. Although section 163.08, Florida Statutes, does not use the terms “PACE…authorized under the PACE Act, as set forth in section 163.08, Florida Statutes (2014). See § 288.9606(7)(c)… pay for qualifying improvements under section 163.08, Florida Statutes, which improvements are carried…purposes described in the Florida PACE Act, section 163.08(1), Florida Statutes, and promote economic development

Florida Bankers Ass'n v. Florida Development Finance Corp.

Court: Fla. | Date Filed: 2015-10-15T00:00:00-07:00

Citation: 176 So. 3d 1258, 2015 WL 5996764

Snippet: Act), established by the Legislature in section 163.08, Florida Statutes (2014).1 The PACE Act provides…authorized under the PACE Act, as set forth in section 163.08, Florida Statutes (2014). See § 288.9606(7)(c),…to pay for qualifying improvements under section 163.08, Florida Statutes, which improvements are carried…purposes described in the Florida PACE Act, section 163.08(1), Florida Statutes, and promote economic development…the special non-ad valorem assessments. Section 163.08, Florida Stat*1264utes, under which FDFC seeks

Vicki Thomas v. Clean Energey Coastal Corridor, etc.

Court: Fla. | Date Filed: 2015-10-01T00:00:00-07:00

Citation: 176 So. 3d 249, 40 Fla. L. Weekly Supp. 520, 2015 Fla. LEXIS 2116, 2015 WL 5727810

Snippet: improvements to real property authorized by section 163.08, Florida Statutes, commonly referred to as the …section 197.3632, Florida Statutes. See § 163.08(4), Fla. Stat. After Clean Energy’s creation…assessments are not paid); see also § 163.08(4), Fla. Stat. (providing that financing costs

Ago

Court: Fla. Att'y Gen. | Date Filed: 2010-11-05T00:53:00-07:00

Snippet: St. Lucie County, 5 the county relies on section 163.08, Florida Statutes, for authority to undertake the

In re Amendment to Florida Rules of Judicial Administration-Minimum Standards for Appointed Counsel in Capital Cases

Court: Fla. | Date Filed: 1998-06-12T00:00:00-07:00

Citation: 711 So. 2d 1148, 23 Fla. L. Weekly Supp. 318, 1998 Fla. LEXIS 1156, 1998 WL 309076

Snippet: R.Crim. P. 24; Ohio Sup. R. 20; Va.Code Ann. § 19.2-163.8(E) (Michie 1997). In Florida, the legislature has

Robertson v. PHF Life Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-11-13T23:53:00-08:00

Citation: 702 So. 2d 555

Snippet: and finance charges. See Fla. Admin. Code R. 4-163.008(3)(c) (1995). Therefore, we affirm the trial court

Miller v. Allstate Ins. Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-12-18T00:00:00-08:00

Citation: 573 So. 2d 24, 1990 Fla. App. LEXIS 9536, 1990 WL 210763

Snippet: Gorelich, S. Marzen, L. Solum, supra, § 4.20, at 163. [8] Perhaps the first case to recognize the value

Carolina Portland Cement Co. v. Baumgartner

Court: Fla. | Date Filed: 1930-05-05T00:00:00-08:00

Citation: 128 So. 241, 99 Fla. 987

Snippet: Trust Co. v. Shepherd, 127 U.S. 494, 32 L.Ed. 163, 8 S.C. R. 1250. In the latter case it was held that