Program Overview
FortiFi Financial (“FortiFi”) (“Third-Party Administrator,” “we,” “us” or “our”) is a third-party program administrator for the Florida PACE Funding Agency (“Authority”) Property Assessed Clean Energy (“PACE”) Program (“Program”). We offer financing and refinancing of renewable energy, energy efficiency, flood and water mitigation, sewerage system and wind resistance improvements, and such other improvements, infrastructure or other work as may be authorized by law from time to time (collectively, the “Qualifying Improvements”). Products that are installed in connection with Qualifying Improvements must meet eligibility criteria (collectively, “Eligible Products”). Eligible Products must be affixed to residential real property (“Property”). The Property must be located in a county or city that participates in the PACE Program (each a “Participating Municipality”).
The financing is provided to a property owner (“Property Owner,” also referred to as “you” or “your”) through a financing agreement (the “Financing Agreement”) between the Authority and the Property Owner. Capitalized terms not otherwise defined in this Handbook have the meaning ascribed to them in the Financing Agreement. Pursuant to the Financing Agreement, the Authority will levy a contractual non-ad valorem assessment (“Assessment”) on the Property where the Qualifying Improvements will be installed. The Assessment will be repayable in equal annual installments over a number of years up to the useful life of the Eligible Product in an amount sufficient to fully pay off the Assessment. An Annual Collection Fee will be added to each annual Assessment installment. The total amount of the annual Assessment installment will appear as a separate line item on your property tax bill. The Tax Collector for the Participating Municipality collects the annual Assessment installments, along with your property taxes and any other assessments on your property.
The Authority is a public body corporate, politic and local unit of government duly organized and existing under the provisions of the Florida Interlocal Cooperation Act of 1969, Chapter 163, Part I, Florida Statutes, as amended and is authorized by Section 163.08 Florida Statutes to provide statewide funding and financing for Qualifying Improvements.
This Handbook is for Residential Property Owners
This Program Handbook (“Handbook”) is for property owners interested in financing the installation of Qualifying Improvements to properties that are zoned residential and composed of four or fewer dwelling units located in Participating Municipalities. For a list of Participating Municipalities, visit our website at www.fortifi.com.
Is the Program Right for You?
The Program may not be the best financing option for you. You should carefully read this Handbook, the documents that require your signature, and research all available financing options and then select the option that is most appropriate for you. We make no representations, expressed or implied that the Program is the right option for you.
BEFORE YOU ENTER INTO A FINANCING AGREEMENT, YOU ARE REQUIRED TO PROVIDE TO THE HOLDERS OR LOAN SERVICERS OF ANY EXISTING MORTGAGES ENCUMBERING OR OTHERWISE SECURED BY THE PROPERTY AT LEAST FIVE (5) BUSINESS DAYS NOTICE OF YOUR INTENT TO ENTER INTO A FINANCING AGREEMENT WHICH NOTICE SHALL INCLUDE THE MAXIMUM PRINCIPAL AMOUNT TO BE FINANCED AND THE MAXIMUM ANNUAL ASSESSMENT NECESSARY TO REPAY THAT AMOUNT. THE PROGRAM WILL PREPARE AND SEND THIS NOTICE ON YOUR BEHALF IF YOU ARE APPROVED FOR FINANCING.
WHILE FLORIDA LAW RENDERS UNENFORCEABLE A PROVISION IN ANY AGREEMENT BETWEEN A MORTGAGEE OR OTHER LIENHOLDER AND A PROPERTY OWNER, OR OTHERWISE NOW OR HEREAFTER BINDING UPON A PROPERTY OWNER, WHICH PERMITS ACCELERATION OF PAYMENT OF THE MORTGAGE, NOTE OR LIEN OR ANY OTHER UNILATERAL MODIFICATION BY THE MORTGAGEE OR OTHER LIENHOLDER SOLELY AS A RESULT OF YOUR ENTERING INTO A FINANCING AGREEMENT, THE MORTGAGEE OR OTHER LIENHOLDER IS PERMITTED TO INCREASE YOUR REQUIRED MONTHLY ESCROW BY AN AMOUNT NECESSARY TO PAY THE ANNUAL ASSESSMENT INSTALLMENT. AS A RESULT, YOUR REQUIRED MONTHLY ESCROW PAYMENT MAY BE INCREASED.
SOME MORTGAGE LENDERS OR SECONDARY MORTGAGE MARKET PURCHASERS MAY EITHER (A) REFUSE TO REFINANCE AN EXISTING MORTGAGE OR (B) REFUSE TO FINANCE THE PURCHASE OF ANY PROPERTY OR (C) REFUSE TO PURCHASE MORTGAGES IN THE SECONDARY MORTGAGE MARKET DUE TO THE SUPERIORITY OF AN ASSESSMENT FOR IMPROVEMENTS ON THE UNDERLYING PROPERTY SUCH AS THE TYPE OF ASSESSMENT THAT WOULD BE CREATED BY YOU PARTICIPATING IN THE PROGRAM. FOR EXAMPLE, FANNIE MAE AND FREDDIE MAC, THE OWNERS OF A SIGNIFICANT PORTION OF ALL MORTGAGES, STATED THAT THEY WOULD NOT PURCHASE MORTGAGES ON PROPERTIES WITH ASSESSMENTS SUCH AS THOSE OFFERED BY THE AUTHORITY. THIS MAY DISCOURAGE POTENTIAL BUYERS AND LENDERS FROM EITHER PURCHASING OR REFINANCING YOUR PROPERTY. THIS MAY ALSO CAUSE THE MORTGAGEE OF A POTENTIAL PURCHASER TO REFUSE TO FINANCE THE PURCHASE OF YOUR PROPERTY. FINALLY, THIS MAY ALSO MEAN THAT WHEN YOU SELL OR REFINANCE YOUR PROPERTY YOU MAY BE REQUIRED TO PREPAY THE ASSESSMENT AT THE TIME YOU CLOSE YOUR SALE OR REFINANCING.
Modification of this Handbook
FortiFi may, in our sole discretion, modify this Handbook at any time and from time to time. The “Last Updated” date on the front page will indicate when the latest modifications were made.
Who Are We?
FortiFi is a third-party administrator authorized to originate residential Assessments on behalf of the Authority under the PACE Program.
Contact Us
Please contact us if you have any questions, comments or suggestions.
Call Center:
(855) 500-9505
Hours (PST):
6AM - 9PM | M-F
7AM - 6PM | Sat
Closed | Sun
After Hours
The Call Center is always open to receive voice messages after hours and on weekends and holidays. We will reply to messages on the next business day.
Email:
info@fortifi.com
Mail:
FortiFi Financial Inc.
800 Waterford Way #500
Miami FL 33126
Property Owner, Property, Product and Contractor Eligibility
To be eligible to receive financing from the Program, the Property Owner, the Property and the Qualifying Improvements to be affixed to the Property must meet eligibility criteria. In addition, a contractor meeting the Program’s minimum eligibility criteria and registered with the Program as a Qualifying Improvement Contractor, as defined below, must install the Eligible Products financed by the Program.
Property Owner Eligibility
“Property Owner” means the owner or owners of record of the real property. Property Owner may include a natural person, a corporation, a limited liability company, a partnership, a trust, an association, a cooperative or any other type of entity, subject to the other requirements set forth below. If a record owner is a trust, the trustees will have to complete and sign a Certificate of Trust or provide copies of trust documents. If a record owner is an entity other than a trust, an authorized officer will have to complete and sign an Officer’s Certificate or provide proof of signatory authorization.
All Owners Must Sign the Financing Documents
All Property Owners, or their legally authorized representative(s), must sign the Application for financing, the Financing Agreement, financing disclosers and all other agreements, consents, authorizations, certificates and documents that are required by FortiFi, the Agency, Florida statutes or Participating Municipalities.
No Involuntary Liens; Notices of Default
There can be no involuntary liens, judgment liens, construction liens, mechanic’s liens or similar involuntary liens (e.g., water, sewer, delinquent tax liens) on the Property.
Property Taxes are Current
All property taxes and any other assessments levied on the same bill as property taxes on the property must be current and cannot have been delinquent for the preceding three years or since the Property Owner acquired the property, whichever period is shorter.
Outstanding Zoning or Code Enforcement Fines or Fees
There can be no outstanding fines or fees related to zoning or code enforcement violations issued by the county or municipality, unless the Qualifying Improvement will remedy the zoning or code violation.
Mortgage Debt
The Property Owner must be current on all mortgage debt on the property. There can be no notices of default or other evidence of property-based debt delinquency which have been recorded and not released during the preceding three years or the property owner’s period of ownership, whichever is less. The property cannot be subject to an existing home equity conversion mortgage or reverse mortgage product.
Bankruptcy
The Property Owner cannot have been subject to a bankruptcy proceeding within the last five years unless the bankruptcy was discharged or dismissed more than two years before the date of the Application for Program financing.
Ability to Pay
The total estimated annual payment amount for all financing agreements on the Property cannot exceed ten percent of the Property Owner’s annual household income.
Property Eligibility
Residential Properties
Residential properties include single-family homes and residential properties of up to four family dwelling units, including vacation and second homes. Aside from single family units, these may include townhomes, PUD (planned unit development), duplexes, triplex, and 4-plex properties.
Mobile Homes and Manufactured Homes
Mobile homes and manufactured homes are eligible if the homes have supportive documentation showing they have foundations or are permanently affixed and taxed as real property.
Ineligible Properties
▪ Government-owned land (Federal, State, and local)
▪ Residential and/or commercial co-ops
▪ Indian Reservations (Tribal-owned land) without approved tribal and tax collector agreement
▪ Mobile homes that are not real property (as described above)
▪ Businesses that are illegal under Federal Law, even if legal under State Law, including marijuana dispensaries, warehouses and grow houses
▪ Gas stations
New Construction
The Program will not finance wind-resistance improvements in buildings or facilities for which a certificate of occupancy or similar evidence of substantial completion has not been issued as a separate and distinct undertaking from the original build-out.
Property Location
The property must be located within a Participating Municipality.
Property Value and Equity
The total amount of the Assessment may not exceed 20 percent of the just value of the property as determined by the county property appraiser without the consent of the holders or loan servicers of any mortgage encumbering or otherwise secured by the property.
Determining Value
The value of the property shall be the fair market value as determined by a certified property appraiser, County assessed value or an Automated Value Model (AVM).
Product Eligibility
Eligible Products
Proposed products must meet minimum eligibility requirements. There are minimum efficiency and/or other requirements for each type of Eligible Product. A list (the “Florida Eligible Products List”) of types of Eligible Products for residential properties and their criteria can be found at www.fortifi.com/resources. Property Owners should consult with FortiFi to determine whether their proposed products are eligible for Program financing. FortiFi may add or delete Eligible Products from the Florida Eligible Products List based on Program requirements, underwriting guidelines and market conditions at any time without notice.
Must be New and Affixed
Eligible Products must be new and must be affixed to a building or facility that is part of the Property and shall constitute an improvement to the building or facility or a fixture attached to the building or facility.
Eligibility Is Not an Endorsement or Warranty
The fact that the Third-Party Program Administrator authorizes funding for Qualifying Improvements shall not be construed as confirming or endorsing the qualifications of the Qualifying Improvement Contractor, other professionals or any other person involved with the selection, acquisition or installation of the Qualifying Improvements; endorsing the design of the projects or choice or installation of the Eligible Products; or making any representation or warranty regarding the design, installation, economic value, energy savings, quality, safety, durability or reliability of the Eligible Products or the Qualifying Improvements.
Qualifying Improvement Contractors
Registration of Qualifying Improvement Contractors
The Qualifying Improvements must be installed by contractors who meet the eligibility criteria corresponding to the category of work being performed and who are registered and in good standing with the Program (“Qualifying Improvement Contractors”). Qualifying Improvements installed by a contractor who is not a Qualifying Improvement Contractor will not qualify for financing through the Program.
Participating Contractor Minimum Eligibility Criteria
The minimum eligibility criteria for a Qualifying Improvement Contractor (“Minimum Eligibility Criteria”) may be amended by FortiFi at any time and from time to time.
Participation
Contractors wishing to participate in the Program as a Qualifying Improvement Contractor shall complete each step of the FortiFi enrollment process to the satisfaction of FortiFi. Enrollment is at the sole discretion of FortiFi.
Licensure
Qualifying Improvement Contractors must possess an active, valid license issued by the State of Florida (the “State”), and must be in good standing with the Florida Construction Industry Licensing Board (“FCILB”) and other specialized licensing boards, as applicable to the work being performed by Contractor, in accordance with Chapter 489 of the Florida Statutes including but not limited to compliance with all bonding, insurance, and workers’ compensation insurance requirements associated with such license(s) before, during, and at the completion of a Qualifying Improvement financed under the Program (the “Project”). For the avoidance of doubt, a State license does not qualify as an active, valid State license if it is expired, suspended, revoked or subject to probation or has additional status codes.
A Qualifying Improvement Contractor must be in good standing with the FCILB and other specialized licensing boards, as applicable to the work being performed by Contractor, in accordance with Chapter 489 of the Florida Statutes before, during, and at the completion of each Project.
In the event a Qualifying Improvement Contractor contracts with one or more subcontractors, Qualifying Improvement Contractor must be a General Building Contractor, and each subcontractor must be in good standing with the FCILB and other specialized licensing boards, as applicable to the subcontractor, before, during, and at the completion of the Project.
Contractor must be licensed for all of the work it performs on each Project and must complete such work according to all applicable laws, rules, and regulations.
Insurance
Qualifying Improvement Contractors are required to maintain insurance coverage as required by the State and the FCILB and other applicable specialized licensing boards. The fact that the Contractor is listed as in good standing with the FCILB and other specialized licensing boards shall be proof that all such requirements have been met by Contractor. FortiFi shall verify the satisfaction by Contractor of the aforesaid requirements by verifying the fact that Contractor is in good standing with the FCILB and other applicable specialized licensing boards each time Contractor submits an application for financing under the Program.
Additional Criteria by Municipality
Certain municipalities have established requirements for Qualifying Improvement Contractors beyond what is required by state law. Contractor must comply with all such additional requirements to be eligible to submit a Project for financing under the Program.
Qualifying Improvement Contractor Guidelines
Qualifying Improvement Contractors must enter into a written Contractor Program Participation Agreement (“Contractor Agreement”) with FortiFi and must abide by all Program terms and conditions set forth in the Contractor Agreement.
A Qualifying Improvement Contractor who fails to meet the Minimum Eligibility Requirements or materially violates any requirement of the Program may, within the sole discretion of FortiFi be suspended from the Program or terminated as a Qualifying Improvement Contractor.
Qualifying Improvement Contractor Enrollment Is Not an Endorsement
The enrollment of the contractor as a Qualifying Improvement Contractor under the Program is not, and should not be construed as, an endorsement or warranty of any kind, express or implied, including a warranty as to the qualifications, experience, expertise or quality of the work of the Qualifying Improvement Contractor or any other person, such as a subcontractor, involved with the selection, supply or installation of the Qualifying Improvements or Eligible Products. Property Owner bears the entire risk in selecting Qualifying Improvement Contractor for their Program-financed Qualifying Improvements.
The Program encourages every Property Owner to interview several Qualifying Improvement Contractors and conduct their own investigation as to the qualifications, experience, expertise and reputation for quality of work. The Program, the Authority, the Participating Municipalities, FortiFi and their affiliates do not endorse Qualifying Improvement Contractors or any other person involved with the selection, supply or installation of Qualifying Improvements or Eligible Products and do not make any warranty, express or implied, regarding the economic value, energy savings, safety, quality, durability or reliability of the Qualifying Improvements or Eligible Products and the installation thereof.
PROGRAM TERMS AND CONDITIONS
Number of Assessments under the Program
A Property Owner may have more than one Assessment under the Program for the same property.
Project Costs and Expenses Eligible for Financing
Financed Amount
The Program will finance the acquisition and installation cost of the Qualifying Improvements
(collectively, “Project Costs”) and an amount equal to the “Closing Costs” (collectively, the
“Financed Amount”). Installation costs may include, but are not limited to, the cost of and fees for energy, and similar audits, appraisals, labor, designs, drawings, engineering services, building permit fees, surveys, inspections, materials required in connection with the installation of the Eligible Products and technical reviews. Closing Costs are defined and enumerated in the Financing Agreement.
Project Costs Must be Within Industry Cost Guidelines
Project Costs must be within industry cost guidelines. FortiFi shall have the right to refuse to finance all or part of the Project Costs to the extent that FortiFi in its sole discretion, determines they exceed such guidelines. FortiFi may request additional documentation or other information to determine the reasonableness of any Project Costs.
Project Costs May Not Include Installation Costs Unrelated to the Installation of Eligible Products
For Property Owners who elect to install Qualifying Improvements as part of a remodeling or renovation project, financing is only available for the Project Costs directly related to the Qualifying Improvements or Eligible Products within the existing structure of an existing building. Installation costs related to an existing building’s envelope, systems, and/or infrastructure are not eligible for financing except where they are required for the workmanlike installation of the Qualifying Improvements or Eligible Products. If a Property Owner is planning to finance the installation of Qualifying Improvements or Eligible Products as part of a remodeling or renovation project, the Property Owner or its Participating Contractor should first contact FortiFi to determine what installation costs will be eligible for financing.
Program Costs
The Property Owner will incur certain fees and other costs related to use of the Program (“Program Costs”). Program Costs include:
▪ the fees and costs payable at the closing of the financing as described in Section 3 (B) of the Financing Agreement (the “Closing Costs”);
▪ the Annual Collection Cost as described in Section 3(C) of the Financing Agreement; and
▪ the interest payable over the term of the Assessment on the Financed Amount (i.e., the aggregate amount of the Closing Costs and the Project Costs) pursuant to the Financing Agreement.
All Closing Costs and other one-time Program Costs incurred on or before the closing may be financed. The Annual Collection Cost may not be financed.
All interest rates and other Program Costs are subject to change without notice. Interest rates and the Closing Costs are established at the time that the Financing Agreement is issued to the property owner for signature. Fees or expenses incurred in connection with the Application will be established before they are incurred. In addition, the Annual Collection Cost may increase during the term of the Assessment.
Calculating the Amount of the Assessment
Each Assessment has a principal component and an interest component. The principal component is equal to the Financed (Project) Amount. Based on the interest rate and the maturity of the Assessment, we will compute the total amount of the Assessment based on equal, annual payments of the Assessment. Annual Collection Costs will be added to your annual Assessment payment and may change over time based on the actual fees and costs for collecting the annual payments of the Assessment. When the installation of the qualifying Improvements is completed, these amounts will be recalculated if the Financed Amount and/or the completion date is different than what was set forth in the Financing Agreement.
Repayment of the Assessment
Equal Annual Payments
Property Owners will make equal annual payments consisting of principal (i.e., the amount financed by the Assessment) and interest over the term of the Assessment. In addition, the Annual Collection Costs, which are subject to change, will be added to your annual payment. Annual payments will be billed and appear as an additional line item on your property tax bill sent by the Property Tax Collector in the jurisdiction where the property is located. As with other property taxes, the annual payment related to the Assessment must be paid prior to April 1st of the year following the year in which tax bill is published; provided, that if the delinquency date for ad valorem taxes is later than April 1 of the year following the year in which such taxes are assessed, the delinquency date for the annual payment related to the Assessment shall be extended for a like number of days. The Property Tax Collector will collect and remit the annual payments of the Assessment to the Trustee.
Failure to Pay; Risk of Foreclosure
In the event a Property Owner becomes delinquent in making the annual installment of the Assessment, the Property Tax Collector and your local government jurisdiction will be required to follow the process mandated by applicable Florida law to collect delinquent tax payments, plus applicable penalties and interest. In particular, a property owner shall be subject to such remedies as are afforded under Florida Statutes, Chapter 197, as same may be amended from time to time. Property Owner acknowledges that such remedies include, but are not limited to, the issuance of a tax certificate on the Property by the Property Tax Collector. In the event a tax certificate on the Property is issued, and the annual Assessment installment remains unpaid, the Property Tax Collector is required to hold a tax certificate auction on or before June 1, each year. The auction will allow investors to purchase the tax certificate by paying the annual Assessment installment. In order to redeem the tax certificate, the property owner must pay the Property Tax Collector the delinquent Assessment, plus interest costs and fees. If the annual Assessment installment continues to remain unpaid two years after the date of the delinquency in payment, the holder of the tax certificate holder may file a tax deed application with the Property Tax Collector, whereupon the Property will be subject to sale at a public auction.
Because Bonds are sold to finance the Qualifying Improvements, the Authority will pledge and assign the Financing Agreement, and the related Assessment and lien, as security for the Bonds.
Prepayments
A Property Owner may choose to prepay its Assessment at any time prior to a payment delinquency in full or in part, at any time upon the payment of (1) all or a portion of the unpaid Financed Amount (the “Assessment Prepayment Amount”) plus (2) interest on the Assessment Prepayment Amount to the earlier of January 15th or July 15th occurring at least 20 days following the date the prepayment is made, plus (3) a prorated amount of the Annual Collection Cost. The Property Owner’s right to prepay the Assessment and any interest or other costs associated therewith after the occurrence of a delinquency shall be subject to the requirements of Florida Statutes, Chapter 197.
Building Permits and Inspection
It is the responsibility of the Property Owner and the Qualifying Improvement Contractor to determine that all required building permits are in effect prior to the installation of the Qualifying Improvements. Property Owners should speak with their Qualifying Improvement Contractor (or the building department) to determine if the installation of the Qualifying Improvements or Eligible Products will require a building permit. The Property Owner and the Qualifying Improvement Contractor will represent in the Completion Certificate that all required building permits were obtained.
FortiFi may schedule an on-site visit from a third-party inspector, or other method, to confirm that the Qualifying Improvements were fully and permanently installed prior to disbursing funds to the Qualifying Improvement Contractor.
Application, Approval, and Closing Process
Five Step Process
There are five steps to the application and approval process that every applicant must follow. The Program reserves the right to request additional information from Property Owners in its sole discretion and to deny applications based on any information that may affect eligibility to participate in the Program.
Step 1
Property Owner Submits an Online Application
The Property Owner submits an Application for financing to FortiFi for review for eligibility per the conditions set forth above.
Step 2
Qualifying Improvements and Eligibility Review by FortiFi
Once the Property Owner’s Application has been accepted for processing, the
next step is to submit the Qualifying Improvements to the Program.
The Property Owner should consult with the Qualifying Improvement Contractor to identify which Qualifying Improvements might be appropriate for the Property and obtain an estimate for the work to be performed. There are several ways for the Property Owner to get an estimate for the work; 1) consult with the Qualifying Improvement Contractor, 2) request a utility-sponsored energy audit or 3) speak with other experts concerning the feasibility of the desired Qualifying Improvements. Costs associated with an energy audit are eligible Project Costs that can be included in the financing. FortiFi recommends that the Property Owner obtain estimates from multiple Qualifying Improvement Contractors.
The Qualifying Improvement Contractor will input the chosen Qualifying Improvements through the Contractor Portal. The Qualifying Improvements proposal contains information of primary importance to the Property Owner’s financing such as the specific Qualifying Improvements or Eligible Products being installed, the names and licenses of all Qualifying Improvement Contractors performing the work and the total proposed Project Costs per Eligible Product, as well as itemization of any other Project Costs. FortiFi will then review the submitted information to determine if the Project will be approved for financing. Projects may not be approved if they do not meet the required criteria for approval. Once the Application and the Qualifying Improvements have been reviewed and approved by the Program for financing, the Property Owner and the Qualifying Improvement Contractor will be sent a confirmation of conditional approval by email.
Step 3
Signing the Financing Agreement Package
If the Application is approved for financing under the Program, the Property Owner will be sent the Finance Package via DocuSign. The Finance Package consists of the Financing Program Summary, Financing Estimate and Disclosures, Financing Agreement, Notice of Right to Cancel, and Notice of Assessment among other documents. The Application contains the requirements that the Property Owner(s) must meet in order to be approved, as well as a description of the fees and costs related with the Assessment. The Financing Agreement contains the terms and conditions of the Assessment. The Notice of Right to Cancel contains the form that the Property Owner should submit in the event the Property Owner chooses to cancel the Financing Agreement. The Property Owner must sign the Financing Estimate and Disclosure, the Financing Agreement, the Notice of Right to Cancel (acknowledging receipt thereof) via DocuSign and return them to the Program. Property Owners who cannot sign via DocuSign may request a paper copy of the Finance Package to be sent by mail.
FortiFi will also conduct an oral, recorded telephone call with the Property Owner during which FortiFi will confirm disclosures executed by the Property Owner and eligibility criteria.
Unless the Property Owner elects to cancel the Financing Agreement as set forth in the Right to Cancel document, upon receipt of the executed documents described above, and the recorded confirmation of terms telephone call, FortiFi will review the Project information to determine is all criteria for Program financing have been met. Once that determination is met, FortiFi send a Notice to Proceed to the Property Owner and the Qualifying Improvement Contractor authorizing work on the Project to commence.
Step 4
Installation of Qualifying Improvements
Qualifying Improvement Contractors must obtain a building permit (if required by the applicable building code or other ordinance of the Participating Municipality) for all phases and trades used in installing the Qualifying Improvements and Eligible Products. Qualifying Improvement Contractors are required to maintain a record of all permits, periodic progress inspections/reports, and other documentation necessary to demonstrate compliance with all applicable codes and laws.
If the Property Owner wishes to make any changes to the Project, the Property Owner must first obtain the approval of the Program. Any approved change orders are likely to require changes to the exhibits to the Financing Agreement and the Completion Certificate and may also affect the Program Costs in addition to the Project Costs.
Step 5
Completion Certificate and Disbursements to Qualifying Improvement Contractor
Once the Project has been completed, all permits closed, and certificate of occupancy issued (if applicable), a Completion Certificate will be emailed to the Qualifying Improvement Contractor and Property Owner for review, approval and signature. Execution of the Completion Certificate by the Property Owner authorizes the Program to disburse the PACE financing proceeds to the Qualifying Improvement Contractor.
FortiFi, in its sole discretion, may order a third party inspection to verify all Qualifying Improvements being financed were installed prior to disbursing financing proceeds to the Qualifying Improvement Contractor. FortiFi, in its sole discretion, may also conduct a recorded settlement call with the Property Owner to verify all Qualifying Improvements being financed were installed and the Completion Certificate was executed by the Property Owner prior to disbursing financing proceeds to the Qualifying Improvement Contractor.
Following verification of the above, the Program will adjust the amount of the Assessment and the annual installments of the Assessment, if necessary, to reflect the actual Assessment based upon the aggregate amount disbursed, the date of completion, the amount of prepaid interest and the amount of any other variable Program Costs. These amounts will be reflected in revised exhibits to the Financing Agreement, a copy of which will be attached to the Notice of Assessment.
ADDITIONAL CONSIDERATIONS
Taxes and Rebates
Taxes
Property Owners are solely responsible for the Federal, state and local tax consequences of participating in the Program. Property Owners should consult their tax advisors with respect to tax implications, including whether any part of the Assessment is a deductible expense and whether there are any tax credits or other tax incentives available. Neither the Authority nor FortiFi has or will provide tax advice to the Property Owner and nothing in the documents related to the Program, including this Handbook, shall be considered to be tax advice.
Rebates and Incentives
Federal, state, local and utility rebates and incentive programs may exist for certain Eligible Products. Federal, state and local laws and rebate programs may change at any time. Property Owners are solely responsible for identifying and applying for any eligible incentives and rebates.
Reassessment of Property upon Installation of Eligible Products
In the 2008 general election, Florida voters approved a constitutional amendment authorizing the Legislature, by general law, to prohibit consideration of any change or improvement made for the purpose of improving a property’s resistance to wind damage or the installation of a renewable energy source device in the determination of the assessed value of residential real property.
Each Property Owner should conduct his/her own investigation as to whether and to what extent the Property will be reassessed upon completion of the installation of the Qualifying Improvements.
Modifications in Program Terms and Conditions
FortiFi reserves the right to modify the terms and conditions of the Program at any time and from time to time without notice. However, once a Property Owner enters into a Financing Agreement, no such modification will affect such Property Owner’s Financing Agreement or obligation to pay its Assessment in accordance with the terms and conditions set forth in its Financing Agreement.
Exceptions to Terms and Provisions
The Program may make exceptions to the terms and provisions detailed in this Handbook where there is a finding that such exception furthers the goals and objectives of the Program or is inconsistent with a law or regulation. Consideration of an exception request from a Property Owner may involve payment of fees in addition to those fees listed herein. Such fees will be disclosed to the Property Owner prior to any such fees being charged to the Property Owner.
Summaries Are Qualified by Reference to the Full Text
References in this Handbook to laws, rules, regulations, resolutions, agreements, reports and documents do not purport to be comprehensive or definitive. All references to such laws, rules, regulations, resolutions, agreements, reports and documents are qualified in their entirety by references to the particular laws, rules, regulations, resolutions, agreements, reports and documents, the full text of which may contain qualifications of and exceptions to statements made herein. No representation or warranty is made as to the accuracy or completeness of such laws, rules, regulations, resolutions, agreements, reports and documents referenced herein.
Disclosures
Equal Credit Opportunity Act (ECOA)
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against an applicant on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Division of Credit Practices, Washington D.C. 20580.
Fair Credit Opportunity Act (FCRA)
As part of assembling your Application, the Program Administrator will request a consumer report bearing on your credit worthiness, credit standing and credit capacity. This notice is given to you pursuant to the Fair Credit Reporting Act.
The Housing Financing Discrimination Act of 1977
THE HOUSING FINANCIAL DISCRIMINATION ACT OF 1977 FAIR LENDING NOTICE IT IS ILLEGAL TO DISCRIMINATE IN THE PROVISION OF OR IN THE AVAILABILITY OF FINANCIAL ASSISTANCE BECAUSE OF THE CONSIDERATION OF:
1. TRENDS, CHARACTERISTICS OR CONDITIONS IN THE NEIGHBORHOOD OR GEOGRAPHIC AREA SURROUNDING A HOUSING ACCOMMODATION, UNLESS THE FINANCIAL INSTITUTION CAN DEMONSTRATE IN THE PARTICULAR CASE THAT SUCH CONSIDERATION IS REQUIRED TO AVOID AN UNSAFE AND UNSOUND BUSINESS PRACTICE; OR
2. RACE, COLOR, RELIGION, SEX, MARITAL STATUS, DOMESTIC PARTNERSHIP, NATIONAL ORIGIN OR ANCESTRY.IT IS ILLEGAL TO CONSIDER THE RACIAL, ETHNIC, RELIGIOUS OR NATIONAL ORIGIN COMPOSITION OF A NEIGHBORHOOD OR GEOGRAPHIC AREA SURROUNDING A HOUSING ACCOMMODATION OR WHETHER OR NOT SUCH COMPOSITION IS UNDERGOING CHANGE, OR IS EXPECTED TO UNDERGO CHANGE, IN APPRAISING A HOUSING ACCOMMODATION OR IN DETERMINING WHETHER OR NOT, OR UNDER WHAT TERMS AND CONDITIONS, TO PROVIDE FINANCIAL ASSISTANCE.
Patriot Act Disclosure
To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identifies each person who opens an account. What this means for you: As part of applying to the Program, FortiFi, or the Participating Contractor will ask for your name, address, date of birth, and other information that will allow it to identify you. You also may be required to provide a copy of the driver's license or other identifying documents from any and all property owner(s) or, if a property is owned by an entity, all the owners of the entity.
Consult with Your Own Legal Advisor
If you have any questions about any mortgages, deeds of trust, loan agreements or security instruments which affect the Property or to which you are a party, or about your authority to execute this Application or enter into a Financing Agreement with the Authority without the prior consent of your existing lender(s), the Program strongly encourages you to consult with your own legal counsel and your lender(s). Neither the Authority, FortiFi nor other Program representatives can provide you with advice about any of these matters.
Monitoring and Recording Telephone Calls
The Program may monitor or record telephone calls for security and customer service purposes. By submitting an application for PACE financing, you consent to have any telephone conversations monitored or recorded.
COMPLAINT RESOLUTION
We strive to be a best-in-class organization. Nonetheless, it is inevitable that issues or concerns will arise. When they do, we will do our very best to address them fully, promptly, and courteously. We have systems and procedures to handle inquiries, provide technical consultation, address complaints and resolve disputes, all with a view toward achieving mutually satisfactory resolutions, keeping relationships intact and avoiding legal proceedings.
In most cases, our toll‐free call centers will be able to answer specific questions, respond to requests for information, and address issues that arise in connection with the application process or in connection with selecting a contractor or other professionals and their participation in the Program or any other area of concern. You should also feel free to raise any issues or concerns during our surveys or on-site inspections. Our goal is to resolve issues or concerns on the spot. However, there are likely to be some issues that will require a higher level of attention. Accordingly, we have developed a process to address them.
We use a process that actively manages the resolution of all complaints to deliver a resolution of the matter as expeditiously as possible from the time the complaint is brought to our attention. The first response will likely be from our call center representatives, but if your complaint cannot be resolved at this level, we suggest that you submit all the details of the complaint to FortiFi, in writing. Upon receipt of your written complaint, FortiFi will enter it into its complaint process and a Program manager will work with all parties to resolve the complaint in a timely manner. The fact that you have filed a written complaint with FortiFi does not affect your obligations under the Financing Agreement and you should continue to comply with all requirements of that agreement.
