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New ruling favors PACE program as questions from tax collectors persist

'The fact that FPFA terminated its agreement with the county in January 2023 is cause for consumers to use caution when entering into PACE financing agreements,' Anne Gannon says in statement
Posted at 7:40 PM, Apr 08, 2024
and last updated 2024-04-08 20:46:56-04

WEST PALM BEACH, Fla. — A judge's ruling in March has seemingly favored a homeowners loan program in Florida that has drawn questions and criticism from tax collectors around the state.

"The statewide circuit court was crystal clear in the judge’s order that tax collectors need to do their job," Michael Moran, director of Florida PACE Funding Agency. FPFA is one of four special districts operating in Florida that provide financing through the PACE program.

Many tax collectors, including those in Palm Beach County, have raised concerns with FPFA, particularly over the expiration of local agreements with the program that include consumer protections and the repayment of the loans through property taxes, which they say could have serious consequences for homeowners.

Michael Moran director of Florida PACE Funding Agency 04082024
Florida PACE Funding Agency Executive Director Michael Moran explains the purpose of the PACE program.

"The fact that FPFA terminated its agreement with the county in January 2023 is cause for consumers to use caution when entering into PACE financing agreements with FPFA," Palm Beach County Tax Collector Anne Gannon stated in an online statement.

Chief Financial Officer Jimmy Patronis said he also has concerns.

"There's a lot of ways the PACE program has been manipulated and used, where the citizens didn't know any better," he said.

Moran is accusing the tax collectors of exceeding their duties by raising objections.

Chief Financial Officer Jimmy Patronis April 8 2024
Chief Financial Officer Jimmy Patronis shares his concerns about the PACE program.

"I’m not sure if the tax collectors are uneducated in this matter or purposeful," he said.

Moran said the program offers the loans at just under 10% interest on things such as roofs, windows and air-conditioning units.

"This isn’t a speculative conversation anymore. Private money is very concerned about these tax collectors not doing their administrative function and constitutional duty," Moran said, referring to the refusal in some cases to put the repayment assessments on tax bills.

Even as FPFA readies to resume loans in the state, appeals from tax collectors seem inevitable.