April 28, 2026 Regular Meeting Agenda packet 2026-04-28
Board of County Commissioners Regular Meeting · 2026-04-28 · packet
[601 C-478A; case ZON26-000007] The Sumter County Board of County Commissioners considered a rezoning request for 7.5 acres. The property, owned by Timothy and Vivian Himes, was rezoned from Rural Residential Minimum Five (5) Acres with Conventional Housing (RR5C) to Rural Residential Minimum Five (5) Acres with Optional Housing (RR5). This change permits the placement of one Class B mobile home. The Planning and Zoning Special Master recommended approval on April 6, 2026, and the Board of County Commissioners approved the request on April 28, 2026. The property is located in an unincorporated area north of C 478A and west of SR 50. The rezoning addresses a personal need for housing and is considered consistent with surrounding property uses and the Comprehensive Plan. No public opposition was noted; only positive written comments were received. [case ZON26-000007] Sumter County Planning and Zoning Special Master held a public hearing on April 6, 2026, to consider a rezoning application for 7.5 acres. The applicant, James Wade III, requested to rezone the property from Rural Residential Minimum Five Acres with Conventional Housing (RR5C) to Rural Residential Minimum Five Acres with Optional Housing (RR5) to allow for one Class B mobile home. The Special Master's recommendation will be presented to the Board of County Commissioners on April 28, 2026. The document also notes a separate action regarding the potential revocation of a Special Use Permit for Sts. Joachim and Anna Orthodox Church due to alleged violations. [1961 CR 246S, Oxford, FL 34484; case S2021-0007] Sumter County Board of County Commissioners considered the revocation of Special Use Permit S2021-0007 for Sts. Joachim and Anna Orthodox Church, located at 1961 CR 246S, Oxford, FL 34484, on parcel C17-014. The permit allowed a sixty (60) seat church. The county issued a Notice of Intent to Revoke on April 10, 2026, citing violations including an RV used as a residence, a semi-trailer not permitted, and accumulation of trash and debris, observed on February 17, 2026. The church requested a revocation hearing, stating they have addressed the violations. The Board of County Commissioners held a public hearing on April 28, 2026, to consider the revocation. The document also includes a resolution approving rezoning application ZON26-000007. [case Not applicable] The Board of County Commissioners of Sumter County, Florida, proclaimed the week of April 26 – May 2, 2026, as National Apprenticeship Appreciation Week. This proclamation recognizes the role of Registered Apprenticeships in developing a skilled workforce and supporting career pathways. It highlights Florida's ranking in talent attraction and the efforts of CareerSource Central Florida in supporting apprenticeship programs. [case Not applicable] The Board of County Commissioners of Sumter County, Florida, proclaimed the week of May 4th – May 8th, 2026, as Economic Development Week. This proclamation commends the Sumter County Economic Development team for their work in promoting economic well-being, supporting businesses, creating jobs, and facilitating county growth. [case Not applicable] The Board of County Commissioners of Sumter County, Florida, proclaimed May 8, 2026, as Child Care Provider Appreciation Day. This proclamation celebrates the contributions of early care and education providers in nurturing children, supporting families, and strengthening the local economy. It acknowledges the role of the Early Learning Coalition of the Nature Coast. [7854 SR 471; case N24-042] Bradley Arnold, County Administrator, informed Chris Thompson that the Board of County Commissioners would be approached on April 28, 2026, for direction regarding the potential acquisition of Thompson's property at 7854 SR 471 for integration with the fairgrounds. If the Board supports pursuing the property, an appraiser will be engaged to coordinate a site visit. [7854 SR 471, Bushnell, FL 33513; case N24-042] This document contains correspondence regarding the potential acquisition of property at 7854 SR 471, Bushnell, FL 33513, by Sumter County for fairgrounds expansion. Chris Thompson, the property owner, is open to offers and has 300 feet of road-front access. The County Administrator, Bradley Arnold, is seeking direction from the Board of County Commissioners (BOCC) to proceed with an appraisal and offer. The strategic plan for fairgrounds expansion is expected by the end of the month. The document also includes a letter from State Representative Samantha Scott to the Florida Department of Environmental Protection expressing concerns about an exploratory deep injection well at the Heart of Florida Landfill in Sumter County, citing potential risks to the Floridan Aquifer. Additionally, it contains the Florida Department of Environmental Protection's 2018 Integrated Water Quality Assessment report, detailing surface and groundwater quality, impaired waters, and water quality initiatives across Florida. This document is a report on Florida's water quality assessment, focusing on monitoring networks, chemical tracers, harmful algal blooms, and sediment quality. It details the methodology and results of statewide probabilistic and trend monitoring of rivers, streams, canals, and lakes from 2014-2016. The report identifies frequently detected pesticides and discusses their impact. It also outlines the state's approach to managing nutrient enrichment and harmful algal blooms, including the use of chemical tracers and the development of Numeric Nutrient Criteria (NNC). The document details the Triennial Review of Florida's Water Quality Standards, which led to new criteria for bacteriological quality, ammonia, and specific compounds like nonylphenol, carbaryl, chlorpyrifos, and diazinon. It also covers the reclassification of certain estuarine waters for shellfish propagation. The report emphasizes the importance of water quality modeling and coordination between the Department of Environmental Protection (DEP) and Water Management Districts (WMDs). Finally, it presents sediment quality evaluation for lakes, using threshold effects concentration (TEC) and probable effects concentration (PEC) to assess potential harm to sediment-dwelling organisms. Copper, lead, and zinc were found to have the most elevated concentrations in lake sediments. This document is a statewide water quality assessment for Florida, detailing findings on lake and groundwater sediment contaminants, surface water and groundwater trends, and designated use support in surface waters. It identifies specific pollutants of concern, such as metals (copper, lead, zinc) in lake sediments, and lists numerous water bodies impaired for dissolved oxygen, fecal coliform, mercury, and nutrients. The document outlines the Total Maximum Daily Load (TMDL) and Basin Management Action Plan (BMAP) programs, which are mechanisms for addressing these impairments. It details the status of adopted and pending BMAPs across various basins, specifying the parameters addressed and implementation status. The document does not contain specific project proposals, addresses, or developer information that would be directly actionable for contractors seeking specific work opportunities. Instead, it provides a broad overview of water quality issues and regulatory programs aimed at addressing them. This document is a comprehensive report on Florida's water quality, focusing on groundwater and surface water assessments from 2018. It details findings on various contaminants, including bacteria, salinity, metals, VOCs, SOCs, nitrate, and radionuclides, across different basins and water bodies. The report identifies areas with exceedances of primary drinking water Maximum Contaminant Levels (MCLs) and discusses potential sources and contributing factors. It also presents data on nutrient levels (nitrogen and phosphorus) and dissolved oxygen in springs and other surface waters, highlighting concerns related to algal growth and water quality degradation. The document does not contain specific project proposals, development applications, or contractor opportunities but provides extensive data on water quality conditions statewide. This document is a comprehensive water quality assessment for Florida, detailing various water bodies and their compliance with water quality standards. It lists specific lakes and water segments identified as impaired, along with the parameters causing the impairment (e.g., DO, Nutrients (TSI), Mercury (in fish tissue), Fecal Coliform, Lead, Iron, Copper, Silver, Thallium, Un-Ionized Ammonia, Turbidity). The document outlines the methodology for assessing water quality, including the Integrated Water Quality Assessment (IWR) and the Watershed Management Approach. It also details the classification of surface waters and the criteria for determining use support. There are no specific development projects, applicants, case numbers, or decisions mentioned in this excerpt. The focus is on existing water quality conditions and assessment methodologies. This document is a technical report detailing the methodology for evaluating water quality in Florida, including data exclusion criteria, biological assessment tools (SCI and BioRecon), and the evaluation of different use attainments (aquatic life, recreation, consumption, drinking water). It also discusses the use and risks associated with deep injection wells for wastewater disposal, including public perception and stakeholder engagement strategies. The document lists numerous entities involved in environmental monitoring and assessment across Florida. This document contains multiple unrelated items. One section discusses the technical aspects and public perception of deep injection wells (DIW) for wastewater disposal, noting that while the technology has improved, public concern exists regarding proximity to drinking water sources. It also details a specific project in Bushnell, Florida, where the city has not taken a formal stance on a landfill's plans to haul waste from Miami-Dade County or construct a leachate disposal injection well, deferring regulatory authority to the Florida Department of Environmental Protection (FDEP). Another section outlines the proposed budget for the Woodland Crossing Community Development District for Fiscal Year 2027, detailing revenues from assessments and expenditures for general administration and operations/maintenance. There is also information regarding water system workshops, sanitary survey inspections, and sampling requirements from the Florida Department of Environmental Protection's Central District Newsletter. [State Road (S.R.) 44 from west of I-75 to east of C.R. 229; case 452656-1] The Florida Department of Transportation (FDOT) plans to resurface State Road (S.R.) 44 from west of Interstate 75 (I-75) to east of County Road (C.R.) 229. The project includes rehabilitating the asphalt, filling sidewalk gaps, reconstructing pedestrian curb ramps to ADA standards, upgrading traffic signals and lighting, and evaluating driveway openings for modifications. The estimated costs are $1.6 million for design (ongoing, late 2026) and $8.1 million for construction (funded, summer 2027). [N. Morse Boulevard north of C 466] The Sumter County Board of County Commissioners (BOCC) is responding to requests from the Amenity Authority Committee (AAC) regarding speed limits and stop signs on N. Morse Boulevard. A study confirmed accidents involving golf carts are concentrated at intersections where vehicles and golf carts conflict. The AAC requested lowering the speed limit to 25 MPH and adding stop signs. The BOCC will not proceed with these requests, citing that N. Morse Boulevard is classified as a Minor Arterial Urban road, which requires continuous service and is not suitable for stop signs for speed control. Traffic data does not warrant lowering the speed limit, and speed was not indicated as a factor in accidents. The BOCC urges the AAC to implement lower-cost alternatives from a Kimley-Horn study to address intersection conflicts and improve multi-modal path safety. [1032 County RD 529, Lake Panasoffkee, FL 33538] The Sumter County Board of County Commissioners (BOCC) has received ongoing citizen complaints regarding odors and poor air quality from the Heart of Florida Landfill, operated by ACMS, Inc. at 1032 County RD 529, Lake Panasoffkee, FL 33538. Despite previous corrective actions and a report indicating violations were cured in December 2025, complaints persist. The County is pursuing legal action to compel compliance with permits and address public nuisance claims related to odor and air quality. ACMS, Inc. is demanded to immediately and consistently comply with Chapter 403, Florida Statutes, Rules 62-296.320 and 63-701.530, Florida Administrative Code, and odor/air quality provisions of Title V Air Permit No. 1190053-007-AV. [case SC2026-0440 (Supreme Court of Florida); 2022-CA-1562 (Lower Tribunal Case Number)] This document is a petition to the Supreme Court of Florida by the Florida PACE Funding Agency (Agency) seeking to compel 42 county tax collectors to perform their ministerial duty of collecting Agency assessments. The Agency obtained a $5 billion bond validation in 2022, which included a final judgment confirming its statewide authority and the tax collectors' duty to collect its assessments. This judgment, under section 75.09 of Florida Statutes, is 'forever conclusive' and cannot be challenged. However, tax collectors have refused to collect these assessments, leading to potential bond default. The Agency argues that ordinary legal remedies are inadequate and seeks extraordinary relief via writ to enforce the final judgment and prevent irreparable harm to the bond market. The document details the legal history, including previous court decisions affirming the Agency's position and the tax collectors' obligations. The core dispute centers on whether tax collectors have discretion to refuse collection based on arguments already rejected by the courts. [case SC2024-0652] This document is an appendix to an appellant's initial brief filed in the Supreme Court of Florida, case number SC2024-0652. It details an emergency motion for an order to show cause filed by the Florida PACE Funding Agency against various Florida tax collectors. The Agency seeks to hold the tax collectors in indirect civil contempt for failing to collect non-ad valorem assessments, which are used to secure revenue bonds for storm hardening and energy conservation improvements. The motion stems from a Final Judgment in 2022, which validated $5 billion in revenue bonds and declared the tax collectors' duty to collect these assessments as 'wholly ministerial.' This judgment was affirmed by the Florida Supreme Court in December 2025. The Agency argues that the continued refusal of certain tax collectors to perform this duty jeopardizes the Agency's ability to make bond payments, potentially leading to default. The document lists 42 tax collectors who are allegedly refusing to collect the assessments. The Agency is seeking sanctions, including per diem fines, remittance of outstanding amounts, and attorneys' fees. [case 2022-CA-1562] This document details a court's decision regarding the Florida PACE Funding Agency's (the Agency) revenue bonds. The court denied motions to invalidate a prior final judgment that authorized the Agency to issue up to $5,000,000,000 in bonds for qualifying improvements, including seawalls. The court affirmed its jurisdiction to validate the bonds and related matters, including the Agency's statewide authority and the ministerial duty of tax collectors to collect assessments. The decision stems from a bond validation proceeding initiated by the Agency, which was found to have complied with all statutory notice requirements. The court emphasized the finality of bond validation judgments and found the motions to be untimely and without legal merit. [case 2022-CA-1562 (Circuit Court); SC2024-0652, SC2024-0656, SC2024-0664, SC2024-0681 (Supreme Court)] This document details a legal dispute concerning a $5 billion bond validation for the Florida PACE Funding Agency (FPFA). The core issue was whether a motion for relief from the final judgment could be filed after the appeal period expired. The Supreme Court of Florida affirmed the circuit court's decision, ruling that Florida Rule of Civil Procedure 1.540 does not apply to bond validation proceedings due to the finality provisions in Chapter 75 of the Florida Statutes. The Court found that bond validation proceedings are special statutory proceedings where the statute's procedural rules take precedence over general civil procedure rules unless the rules specifically state otherwise. The Court also addressed jurisdictional arguments and affirmed that the appeals were properly before them. Dissenting opinions argued about the Court's jurisdiction and whether certain matters adjudicated in the bond validation were collateral and thus void. The document also lists various counties and tax collectors who were parties to the appeal, as well as amicus curiae briefs filed by other entities. This document details a legal dispute where numerous Florida Tax Collectors are refusing to collect non-ad valorem assessments certified by the Florida PACE Funding Agency (FPFA). The FPFA relies on these collections to repay bonds, and their failure to collect has led to financial strain and potential default. Despite a Florida Supreme Court decision affirming that motions to set aside judgments are not applicable in bond validation proceedings, many tax collectors maintain that the underlying issue of whether they are required to collect these assessments, and whether FPFA complied with statutory prerequisites, remains unresolved. Several tax collectors have explicitly declined settlement offers from FPFA, citing ongoing litigation and their interpretation of the Supreme Court's ruling as not compelling them to collect the assessments. Specific counties and tax collectors mentioned include Alachua, Baker, Bay, Bradford, Brevard, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Indian River, Jackson, Lake, Lee, Leon, Madison, Okaloosa, Okeechobee, Palm Beach, Pinellas, Putnam, Santa Rosa, Seminole, St. Johns, St. Lucie, Sumter, Taylor, Union, Volusia, Wakulla, Walton, and Washington. [216 South Monroe Street, Tallahassee, FL 32301 (Young Qualls, P.A.)] This document contains multiple letters from various county Tax Collectors in Florida, represented by Timothy R. Qualls of Young Qualls, P.A., to James C. Dinkins of Civil Forge Law. The letters, dated between January 13, 2026, and January 23, 2026, all state that the respective Tax Collector declines a proposed settlement from the Florida PACE Funding Agency (FPFA) regarding a bond validation action. The Tax Collectors maintain that the Florida Supreme Court's decision addressed only post-judgment finality and did not resolve substantive issues concerning the requirement for county Tax Collectors to collect PACE assessments, how these assessments should be administered, or FPFA's compliance with statutory prerequisites. They cite numerous trial court rulings that favored Tax Collectors in similar mandamus actions. The proposed settlement is deemed unacceptable as it would impose unsupported legal and operational obligations and expose the Tax Collectors to ongoing risk without adequate protections. [216 South Monroe Street, Tallahassee, FL 32301 (Young Qualls, P.A. office); Post Office Box 1833, Tallahassee, FL 32302-1833 (Young Qualls, P.A. reply to); Post Office Box 141148, Orlando, Florida 32814 (Civil Forge Law address); PO Box 1110, Tampa, FL 33601-1110 (Hillsborough County Attorney office); case 2022-CA-1562 (Leon County, Florida)] This document contains correspondence and court filings related to a legal dispute involving the Florida PACE Funding Agency (FPFA) and various County Tax Collectors regarding the collection of PACE assessments. Multiple Tax Collectors, including those from Gadsden, Volusia, and Hillsborough Counties, have declined settlement proposals from FPFA. The core of the dispute centers on whether Tax Collectors are legally obligated to collect PACE assessments, with Tax Collectors asserting that the Supreme Court's decision only addressed post-judgment finality and did not resolve these substantive issues. Hillsborough County's Tax Collector noted that their interlocal agreement with FPFA was terminated in December 2020 and a new one was entered into in February 2025, impacting the collection of assessments. A court order from February 3, 2026, in Leon County, Florida, directs 42 Tax Collectors to show cause why they should not be held in contempt for failing to comply with previous court judgments and mandates regarding the collection of PACE assessments. A hearing was scheduled for February 9, 2026. Subsequent filings indicate that FPFA has provided notice of compliance with this order, serving the relevant documents on counsel for the Tax Collectors. [101 E. College Avenue, 5th Floor, Tallahassee, FL 32301 (Law Offices of Lawson Huck Gonzalez, PLLC); 215 South Monroe Street, Suite 601, Tallahassee, Florida 32301 (Gunster, Yoakley & Stewart, P. A.); 401 E. Jackson Street, Suite 1500, Tampa, Florida 33602 (Gunster, Yoakley & Stewart, P. A.); 107 W. College Avenue, Tallahassee, Florida 32301 (Kutak Rock LLP); 301 S. Monroe Street, Room 202, Tallahassee, Florida 32301-1861 (Leon County Attorney's Office); 200 East Broward Boulevard, Suite 1900, Fort Lauderdale, Florida 33301 (Weiss Serota Helfman Cole & Bierman, P.L.); One Independent Drive, Suite 1300, Jacksonville, FL 32201 (Foley & Lardner LLP); 106 East College Avenue, Suite 900, Tallahassee, FL 32301-7732 (Foley & Lardner LLP); 2300 Virginia Avenue, Fort Pierce, Florida 34982 (St. Lucie County); 216 South Monroe Street, Tallahassee, Florida 32301 (Young Qualls, P.A.); 1785 Thomasville Road, Tallahassee, FL 32303-5707 (Webster + Baptiste, PLLC); Gateway Blvd. Ste. 201-I, Fernandina Beach, Florida 32034 (Jacobs Scholz & Wyler, LLC); 2725 Judge Fran Jamieson Way, C-308, Viera, Florida 32940 (Brevard County Attorney); 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112-5749 (Collier County Attorney’s Office); 601 E Kennedy Blvd, Tampa, FL 33602-4932 (Hillsborough County Attorney's Office); 117 W Duval St Ste 480, Jacksonville, FL 32202-5721 (Office of General Counsel); P.O. Box 985, Tavares, Florida 32778 (Brionez + Brionez, P.A.); Leon County Courthouse, 301 S. Monroe Street, Suite 475, Tallahassee, Florida 32301 (State Attorney’s Office); Office of the State Attorney, 110 NW 1 Ave, Suite 5000, Ocala, Florida 34475 (State Attorney for the Fifth Judicial Circuit); Office of the State Attorney, P.O. Box 17500, Clearwater, Florida 33765-0500 (State Attorney for the Sixth Judicial Circuit); 251 N. Ridgewood Avenue, Daytona Beach, Florida 32114 (Office of Seventh Circuit State Attorney R.J. Larizza); Office of State Attorney, 415 N. Orange Avenue, Orlando, Florida 32801 (Office of Andrew A. Bain, State Attorney, Ninth Judicial Circuit); 120 W. University Avenue, Gainesville, Florida 32601 (State Attorney for the Eighth Judicial Circuit); 315 Court Street, Sixth Floor, Clearwater, Florida 33756 (Pinellas County Attorney’s Office); 20 North Main Street, Suite 462, Brooksville, Florida 34601 (Hernando County Attorney); P.O. Box 398, Fort Myers, Florida 33902-0398 (Lee County Attorney’s Office); 300 N Dixie Hwy, Floor 3, West Palm Beach, Florida 33401-4630 (Palm Beach County Attorney’s Office); 123 W. Indiana Avenue, DeLand, Florida 32720 (Volusia County); 301 North Olive Avenue, 3rd Floor, West Palm Beach, FL 33401 (Palm Beach County Tax Collector); P.O. Box 2016, Bartow, Florida 33831 (Polk County Tax Collector); Polk County Attorney’s Office, PO Box 9005, Drawer AT01, Bartow, Florida 33831-9005 (Polk County Attorney’s Office); Lee County Tax Collector’s Office, 2480 Thompson Street, 4th Floor, Fort Myers, Florida 33901 (Lee County Tax Collector); 20 South Broad Street, Brooksville, Florida 34601 (Hogan Law Firm); PO Box 5325, Vero Beach, FL 32961-5325 (Robert C. Nall, P.A.); P.O. Box 1110, Tampa, Florida 33601-1110 (Hillsborough County Tax Collector); 2300 Virginia Avenue, Fort Pierce, Florida 34982 (St. Lucie County); 216 South Monroe Street, Tallahassee, Florida 32301 (Young Qualls, P.A.); 1785 Thomasville Road, Tallahassee, FL 32303-5707 (Webster + Baptiste, PLLC); Gateway Blvd. Ste. 201-I, Fernandina Beach, Florida 32034 (Jacobs Scholz & Wyler, LLC); 2725 Judge Fran Jamieson Way, C-308, Viera, Florida 32940 (Brevard County Attorney); 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112-5749 (Collier County Attorney’s Office); 840 W. 11th Street, Panama City, Florida 32401 (Bay County); P.O. Box 2340, LaBelle, Florida 33975 (Hendry County Attorney); P.O. Box 7800, Tavares, Florida 32778-7800 (Lake County Attorney’s Office); 201 S. Rosalind Avenue, 3rd Floor, Post Office Box 1393, Orlando, Florida 32802-1393 (Orange County); 123 W. Indiana Avenue, DeLand, Florida 32720 (Volusia County); 301 North Olive Avenue, 3rd Floor, West Palm Beach, FL 33401 (Palm Beach County Tax Collector); P.O. Box 2016, Bartow, Florida 33831 (Polk County Tax Collector); Polk County Attorney’s Office, PO Box 9005, Drawer AT01, Bartow, Florida 33831-9005 (Polk County Attorney’s Office); Lee County Tax Collector’s Office, 2480 Thompson Street, 4th Floor, Fort Myers, Florida 33901 (Lee County Tax Collector); 315 Court Street, Sixth Floor, Clearwater, Florida 33756 (Pinellas County Attorney’s Office); 20 South Broad Street, Brooksville, Florida 34601 (Hogan Law Firm); PO Box 5325, Vero Beach, FL 32961-5325 (Robert C. Nall, P.A.); 601 E Kennedy Blvd, Tampa, FL 33602-4932 (Hillsborough County Attorney's Office); 117 W Duval St Ste 480, Jacksonville, FL 32202-5721 (Office of General Counsel); P.O. Box 985, Tavares, Florida 32778 (Brionez + Brionez, P.A.); Leon County Courthouse, 301 S. Monroe Street, Suite 475, Tallahassee, Florida 32301 (State Attorney’s Office); Office of the State Attorney, 110 NW 1 Ave, Suite 5000, Ocala, Florida 34475 (State Attorney for the Fifth Judicial Circuit); Office of the State Attorney, P.O. Box 17500, Clearwater, Florida 33765-0500 (State Attorney for the Sixth Judicial Circuit); 251 N. Ridgewood Avenue, Daytona Beach, Florida 32114 (Office of Seventh Circuit State Attorney R.J. Larizza); Office of State Attorney, 415 N. Orange Avenue, Orlando, Florida 32801 (Office of Andrew A. Bain, State Attorney, Ninth Judicial Circuit); 120 W. University Avenue, Gainesville, Florida 32601 (State Attorney for the Eighth Judicial Circuit).; case 2022-CA-1562] This document is a legal filing related to the Florida PACE Funding Agency (FPFA) and outstanding assessments. It details a court case (Case No. 2022-CA-1562) in the Second Judicial Circuit, Leon County, Florida, where FPFA is the plaintiff and the State of Florida is a defendant. The filing includes a Schedule of Outstanding Assessments as of January 28, 2026, listing various county tax collectors and the total outstanding assessment amounts for their respective counties. It also includes responses from Tax Collectors (Hillsborough, Lake, Brevard, Indian River Counties) arguing against contempt charges and asserting lack of jurisdiction and legal duty to collect certain assessments. The core of the dispute revolves around the authority of FPFA to impose non-ad valorem assessments statewide and the requirement for local government authorization (ordinances, resolutions, interlocal agreements) for PACE programs to operate and for assessments to be placed on tax rolls. Several court decisions and legislative clarifications are cited to support the Tax Collectors' positions. [case Multiple case numbers referenced across various jurisdictions, including Case No. 5D2023-3366 (Volusia County), Case No. 2023CA000675 (Gadsden County), and others related to Lake, Brevard, and Indian River Counties.] This document details legal proceedings and disputes involving the Florida PACE Funding Agency (FPFA) and various Florida Tax Collectors. The core issue revolves around FPFA's authority to operate its Property Assessed Clean Energy (PACE) program and collect assessments, particularly concerning whether local governments have authorized FPFA's operations within their jurisdictions. Several tax collectors (Lake, Brevard, Indian River, Volusia, Gadsden) are involved in legal actions against FPFA, arguing that FPFA lacks proper authorization and is attempting to operate outside its legal scope. Key legal arguments include challenges to FPFA's statewide jurisdiction claims, the necessity of Interlocal Agreements (ILAs) for FPFA to operate, and the lack of personal jurisdiction over tax collectors in certain court proceedings. In Lake County, a default final judgment was entered against FPFA. In Brevard County, FPFA's authorization was rescinded for residential properties, and negotiations for a new agreement ceased due to FPFA's claims of statewide authority. Indian River County has never authorized FPFA. In Volusia and Gadsden Counties, petitions for writs of mandamus filed by FPFA to compel tax collectors to collect assessments were denied, with courts citing lack of clear legal right, insufficient evidence of irreparable harm, or the discretionary nature of the tax collector's duties. The document highlights ongoing litigation and differing interpretations of Florida statutes governing PACE programs and local government authority. [case No. 1D2024-2301 (Appeal); 2022-CA-1562 (Bond Validation); 20-2023-CA-000675-AXXX-XX (Gadsden County Mandamus)] This document details a legal dispute and bond validation concerning the Florida PACE Funding Agency (FPFA). The FPFA, a public body corporate and politic created by interlocal agreement between Flagler County and the City of Kissimmee, sought to issue up to $5,000,000,000 in revenue bonds for a qualifying improvement finance program. This program allows property owners to finance energy efficiency, renewable energy, and wind resistance improvements through non-ad valorem assessments. A key legal issue involved the FPFA's authority to operate statewide and independently, particularly in Gadsden County, without specific interlocal agreements with each county. The Gadsden County Tax Collector argued that FPFA lacked the independent authority to compel him to collect these assessments without such agreements, citing concerns about consumer protection and proper notice to homeowners. The court ultimately dismissed the petition for writ of mandamus, finding that the Tax Collector had discretion and that FPFA's claim to statewide authority without local interlocal agreements was not established. Separately, a bond validation case in Leon County affirmed the FPFA's authority to issue bonds up to $5,000,000,000 for qualifying improvements, finding it was a separate legal entity empowered by general law and the Charter Agreement to act independently and serve populations throughout Florida. The court determined that seawalls qualify as wind resistance improvements. The document also outlines the legal framework, notice requirements, and collection methods for non-ad valorem assessments under Florida statutes. [case 2022-CA-1562 (Bond Validation Case); 2023-CA-002974 (Lake County Lawsuit)] The Florida PACE Funding Agency (FPFA) issued revenue bonds not to exceed $5,000,000,000 for qualifying improvements, including seawalls. This was validated by the Circuit Court for Leon County, Florida, on October 6, 2022. Subsequently, Lake County and its Tax Collector filed a lawsuit (Case No. 2023-CA-002974) against FPFA, seeking declaratory and injunctive relief. The court granted a default final judgment against FPFA, enjoining it from operating its PACE program in Lake County without an interlocal agreement with the County and prohibiting the Tax Collector from collecting assessments for PACE loans not meeting statutory requirements. The court found that FPFA's prior bond validation judgment did not grant it authority to operate in Lake County without local consent and that collateral issues decided in that proceeding were beyond the court's jurisdiction. [400 South Street, Titusville, Brevard County, Florida; case 2026-CA- ------ (Brevard County Circuit Court)] This document details a legal dispute and related resolutions concerning the Property Assessed Clean Energy (PACE) program in Brevard County, Florida. Initially, Brevard County established a PACE program in 2018 through Resolution 18-040, participating in programs managed by the Florida Green Finance Authority, Florida PACE Funding Agency, Green Corridor PACE District, and Florida Resiliency and Energy District. However, in 2022, Brevard County partially rescinded Resolution 18-040 via Resolution 22-067, terminating the PACE program for single-family residential properties and nonprofit organizations due to concerns about consumer protections and oversight. This action led to a legal conflict, particularly involving the Florida PACE Funding Agency (FPFA), regarding the Tax Collector's obligation to place PACE assessments on the tax rolls. FPFA asserted authority based on a bond validation proceeding, which the Brevard County Tax Collector argued was improperly used to bypass local authorization requirements. The Tax Collector initiated a lawsuit seeking declaratory and injunctive relief to prevent FPFA from operating and imposing assessments without Brevard County's express consent, citing the county's termination of its participation and the home rule authority of counties. The document also references ongoing litigation in Lake County involving FPFA and the Lake County Tax Collector concerning similar issues of unauthorized operations. [case 2022-CA-1562 (Second Judicial Circuit, Leon County, Florida)] This document details legal proceedings and affidavits concerning the Florida PACE Funding Agency (FPFA) and its ability to collect assessments on tax rolls in various Florida counties. Brevard County, through its Tax Collector, is seeking a declaratory judgment and injunctive relief to prevent FPFA from operating and collecting assessments without express county authorization, citing violations of state law and county ordinances. Affidavits from the Tax Collectors of Brevard County, Indian River County, Lee County, and Palm Beach County outline their positions. Brevard County rescinded its prior authorization for FPFA's PACE program for single-family residential properties and nonprofit organizations due to lack of consumer protection and oversight. Indian River County states it has never authorized FPFA's PACE programs. Lee County and Palm Beach County Tax Collectors are asserting that FPFA has not met statutory prerequisites for collection via the Uniform Method of Collection, including proper notice to property owners, and that they cannot lawfully place assessments on tax rolls without such compliance. Multiple tax collectors are contesting the jurisdiction of the court in Leon County to compel them to act, arguing they were not parties to the original bond validation proceeding and that such matters should be handled in their respective county courts. Public comment is not explicitly detailed, but the sentiment from the Tax Collectors and counties indicates significant opposition to FPFA's collection demands without proper authorization and adherence to statutory requirements.
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Applicants and firms
- Timothy and Vivian Himes
- James Wade III
- Sumter County (based on appeal by Sts. Joachim and Anna Orthodox Church)
- Not applicable
- Chris Thompson (property owner)
- Sumter County / Chris Thompson (property owner)
- Florida Department of Transportation (FDOT)
- Sumter County Board of County Commissioners (BOCC) and Amenity Authority Committee (AAC)
- ACMS, Inc. (Operator of Heart of Florida Landfill)
- Florida PACE Funding Agency
- Florida PACE Funding Agency (FPFA)
- Florida PACE Funding Agency (FPFA), Brevard County Board of County Commissioners, Brevard County Tax Collector (Lisa Cullen)
- Florida PACE Funding Agency (FPFA), Brevard County Tax Collector, Indian River County Tax Collector, Lee County Tax Collector, Palm Beach County Tax Collector
Locations
- 601 C-478A
- 1961 CR 246S, Oxford, FL 34484
- 7854 SR 471
- 7854 SR 471, Bushnell, FL 33513
- State Road (S.R.) 44 from west of I-75 to east of C.R. 229
- N. Morse Boulevard north of C 466
- 1032 County RD 529, Lake Panasoffkee, FL 33538
- 216 South Monroe Street, Tallahassee, FL 32301 (Young Qualls, P.A.)
- 216 South Monroe Street, Tallahassee, FL 32301 (Young Qualls, P.A. office); Post Office Box 1833, Tallahassee, FL 32302-1833 (Young Qualls, P.A. reply to); Post Office Box 141148, Orlando, Florida 32814 (Civil Forge Law address); PO Box 1110, Tampa, FL 33601-1110 (Hillsborough County Attorney office)
- 101 E. College Avenue, 5th Floor, Tallahassee, FL 32301 (Law Offices of Lawson Huck Gonzalez, PLLC); 215 South Monroe Street, Suite 601, Tallahassee, Florida 32301 (Gunster, Yoakley & Stewart, P. A.); 401 E. Jackson Street, Suite 1500, Tampa, Florida 33602 (Gunster, Yoakley & Stewart, P. A.); 107 W. College Avenue, Tallahassee, Florida 32301 (Kutak Rock LLP); 301 S. Monroe Street, Room 202, Tallahassee, Florida 32301-1861 (Leon County Attorney's Office); 200 East Broward Boulevard, Suite 1900, Fort Lauderdale, Florida 33301 (Weiss Serota Helfman Cole & Bierman, P.L.); One Independent Drive, Suite 1300, Jacksonville, FL 32201 (Foley & Lardner LLP); 106 East College Avenue, Suite 900, Tallahassee, FL 32301-7732 (Foley & Lardner LLP); 2300 Virginia Avenue, Fort Pierce, Florida 34982 (St. Lucie County); 216 South Monroe Street, Tallahassee, Florida 32301 (Young Qualls, P.A.); 1785 Thomasville Road, Tallahassee, FL 32303-5707 (Webster + Baptiste, PLLC); Gateway Blvd. Ste. 201-I, Fernandina Beach, Florida 32034 (Jacobs Scholz & Wyler, LLC); 2725 Judge Fran Jamieson Way, C-308, Viera, Florida 32940 (Brevard County Attorney); 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112-5749 (Collier County Attorney’s Office); 601 E Kennedy Blvd, Tampa, FL 33602-4932 (Hillsborough County Attorney's Office); 117 W Duval St Ste 480, Jacksonville, FL 32202-5721 (Office of General Counsel); P.O. Box 985, Tavares, Florida 32778 (Brionez + Brionez, P.A.); Leon County Courthouse, 301 S. Monroe Street, Suite 475, Tallahassee, Florida 32301 (State Attorney’s Office); Office of the State Attorney, 110 NW 1 Ave, Suite 5000, Ocala, Florida 34475 (State Attorney for the Fifth Judicial Circuit); Office of the State Attorney, P.O. Box 17500, Clearwater, Florida 33765-0500 (State Attorney for the Sixth Judicial Circuit); 251 N. Ridgewood Avenue, Daytona Beach, Florida 32114 (Office of Seventh Circuit State Attorney R.J. Larizza); Office of State Attorney, 415 N. Orange Avenue, Orlando, Florida 32801 (Office of Andrew A. Bain, State Attorney, Ninth Judicial Circuit); 120 W. University Avenue, Gainesville, Florida 32601 (State Attorney for the Eighth Judicial Circuit); 315 Court Street, Sixth Floor, Clearwater, Florida 33756 (Pinellas County Attorney’s Office); 20 North Main Street, Suite 462, Brooksville, Florida 34601 (Hernando County Attorney); P.O. Box 398, Fort Myers, Florida 33902-0398 (Lee County Attorney’s Office); 300 N Dixie Hwy, Floor 3, West Palm Beach, Florida 33401-4630 (Palm Beach County Attorney’s Office); 123 W. Indiana Avenue, DeLand, Florida 32720 (Volusia County); 301 North Olive Avenue, 3rd Floor, West Palm Beach, FL 33401 (Palm Beach County Tax Collector); P.O. Box 2016, Bartow, Florida 33831 (Polk County Tax Collector); Polk County Attorney’s Office, PO Box 9005, Drawer AT01, Bartow, Florida 33831-9005 (Polk County Attorney’s Office); Lee County Tax Collector’s Office, 2480 Thompson Street, 4th Floor, Fort Myers, Florida 33901 (Lee County Tax Collector); 20 South Broad Street, Brooksville, Florida 34601 (Hogan Law Firm); PO Box 5325, Vero Beach, FL 32961-5325 (Robert C. Nall, P.A.); P.O. Box 1110, Tampa, Florida 33601-1110 (Hillsborough County Tax Collector); 2300 Virginia Avenue, Fort Pierce, Florida 34982 (St. Lucie County); 216 South Monroe Street, Tallahassee, Florida 32301 (Young Qualls, P.A.); 1785 Thomasville Road, Tallahassee, FL 32303-5707 (Webster + Baptiste, PLLC); Gateway Blvd. Ste. 201-I, Fernandina Beach, Florida 32034 (Jacobs Scholz & Wyler, LLC); 2725 Judge Fran Jamieson Way, C-308, Viera, Florida 32940 (Brevard County Attorney); 3299 East Tamiami Trail, Suite 800, Naples, Florida 34112-5749 (Collier County Attorney’s Office); 840 W. 11th Street, Panama City, Florida 32401 (Bay County); P.O. Box 2340, LaBelle, Florida 33975 (Hendry County Attorney); P.O. Box 7800, Tavares, Florida 32778-7800 (Lake County Attorney’s Office); 201 S. Rosalind Avenue, 3rd Floor, Post Office Box 1393, Orlando, Florida 32802-1393 (Orange County); 123 W. Indiana Avenue, DeLand, Florida 32720 (Volusia County); 301 North Olive Avenue, 3rd Floor, West Palm Beach, FL 33401 (Palm Beach County Tax Collector); P.O. Box 2016, Bartow, Florida 33831 (Polk County Tax Collector); Polk County Attorney’s Office, PO Box 9005, Drawer AT01, Bartow, Florida 33831-9005 (Polk County Attorney’s Office); Lee County Tax Collector’s Office, 2480 Thompson Street, 4th Floor, Fort Myers, Florida 33901 (Lee County Tax Collector); 315 Court Street, Sixth Floor, Clearwater, Florida 33756 (Pinellas County Attorney’s Office); 20 South Broad Street, Brooksville, Florida 34601 (Hogan Law Firm); PO Box 5325, Vero Beach, FL 32961-5325 (Robert C. Nall, P.A.); 601 E Kennedy Blvd, Tampa, FL 33602-4932 (Hillsborough County Attorney's Office); 117 W Duval St Ste 480, Jacksonville, FL 32202-5721 (Office of General Counsel); P.O. Box 985, Tavares, Florida 32778 (Brionez + Brionez, P.A.); Leon County Courthouse, 301 S. Monroe Street, Suite 475, Tallahassee, Florida 32301 (State Attorney’s Office); Office of the State Attorney, 110 NW 1 Ave, Suite 5000, Ocala, Florida 34475 (State Attorney for the Fifth Judicial Circuit); Office of the State Attorney, P.O. Box 17500, Clearwater, Florida 33765-0500 (State Attorney for the Sixth Judicial Circuit); 251 N. Ridgewood Avenue, Daytona Beach, Florida 32114 (Office of Seventh Circuit State Attorney R.J. Larizza); Office of State Attorney, 415 N. Orange Avenue, Orlando, Florida 32801 (Office of Andrew A. Bain, State Attorney, Ninth Judicial Circuit); 120 W. University Avenue, Gainesville, Florida 32601 (State Attorney for the Eighth Judicial Circuit).
- 400 South Street, Titusville, Brevard County, Florida
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