HB 1191

1
A bill to be entitled
2An act relating to green building construction; creating
3s. 212.099, F.S.; providing a purpose; providing
4definitions; providing for a sales tax credit for certain
5building construction; creating s. 220.194, F.S.;
6providing a purpose; providing definitions; providing for
7a corporate income tax credit for certain building
8construction; requiring the Department of Revenue to adopt
9certain standards by rule; providing requirements;
10requiring the department to issue initial credit
11certificates under certain circumstances; providing
12certificate requirements and limitations; requiring
13taxpayers claiming credits to obtain eligibility
14certificates; providing requirements; providing additional
15certification requirements; authorizing the Chief
16Financial Officer and the department to adopt rules;
17requiring the Chief Financial Officer and the department
18to submit a report to the Governor and the Legislature;
19providing report requirements; providing duties of the
20Chief Financial Officer; requiring the department to adopt
21certification rules; amending s. 553.74, F.S.; providing
22for an additional member of the Florida Building
23Commission; creating part IX of ch. 553, F.S., consisting
24of ss. 553.9991, 553.9993, and 553.9995, F.S.; creating
25the Florida Green Building Act; providing legislative
26findings; providing a legislative declaration; providing
27definitions; requiring certain state-funded projects to be
28constructed to meet certain energy and environmental
29design rating systems; requiring certain public buildings
30and educational facilities to be constructed to meet
31certain energy and environmental design rating systems;
32providing a legislative finding; requiring certain major
33facility projects receiving state funding to be
34constructed to meet certain energy and environmental
35design rating standards; providing public agency
36monitoring and reporting requirements; providing reporting
37requirements for the department; requiring the department
38to summarize certain reports and report to the
39Legislature; specifying absence of liability for failing
40to meet certain standards under certain circumstances;
41exempting certain affordable housing projects; requiring
42the Department of Community Affairs to develop a
43sustainable building program for certain affordable
44housing projects; providing requirements and limitations;
45providing performance review requirements for the Office
46of Program Policy Analysis and Government Accountability;
47providing performance audit requirements; requiring
48reports; creating the Florida Green Building Council in
49the Department of Community Affairs; providing for
50membership; providing for action by the council; providing
51that members shall serve without compensation; providing
52for per diem and travel expenses; providing for member
53accountability to the Governor; providing for
54investigation by the Governor of council actions or
55members; providing for removal of council members under
56certain circumstances; providing an effective date.
57
58Be It Enacted by the Legislature of the State of Florida:
59
60     Section 1.  Section 212.099, Florida Statutes, is created
61to read:
62     212.099  Florida Green Building sales tax refund program.--
63     (1)  The purpose of this section is to encourage the
64development and construction of facilities using environmentally
65conscious building practices.
66     (2)  The definitions provided in s. 220.194 apply to this
67section.
68     (3)  A property owner may claim a refund against the tax
69imposed by this chapter paid during the building or renovation
70of a residential structure that does not qualify for the green
71building corporate income tax credit under s. 220.194. The
72property owner shall submit to the department proof of having
73paid the sales tax on items used in the construction or
74improvement of the property and proof of the property's
75compliance with applicable green building standards as specified
76in s. 220.194. The tax refund shall not exceed $5,000 per
77property.
78     Section 2.  Section 220.194, Florida Statutes, is created
79to read:
80     220.194  Florida Green Building corporate income tax
81credit.--
82     (1)  The purpose of this section is to encourage the
83development and construction of facilities using environmentally
84conscious building practices.
85     (2)  As used in this section:
86     (a)1.  "Allowable costs" means amounts properly chargeable
87to capital accounts, other than for land, that are paid or
88incurred on or after July 1, 2009, for:
89     a.  Construction or rehabilitation;
90     b.  Commissioning costs;
91     c.  Interest paid or incurred during the construction or
92rehabilitation period;
93     d.  Architectural, engineering, and other professional fees
94allocable to construction or rehabilitation;
95     e.  Closing costs for construction, rehabilitation, or
96mortgage loans;
97     f.  Recording taxes and filing fees incurred with respect
98to construction or rehabilitation; or
99     g.  Finishes and furnishings, consistent with the rules
100adopted by the Department of Business and Professional
101Regulation, for lighting, plumbing, electrical wiring, and
102ventilation.
103     2.  The term "allowable costs" does not include:
104     a.  The cost of telephone systems and computers, other than
105electrical wiring costs;
106     b.  Legal fees allocable to construction or rehabilitation;
107     c.  Site costs, including temporary electric wiring,
108scaffolding, demolition costs, and fencing and security
109facilities;
110     d.  Finishes or furnishings that are not consistent with
111the rules adopted by the Department of Business and Professional
112Regulation under this section; or
113     e.  The cost of purchasing or installing fuel cells, wind
114turbines, or photovoltaic modules.
115     (b)  "Applicable green building" means a building that:
116     1.  Achieves at least a silver rating according to the
117United States Green Building Council's Leadership in Energy and
118Environmental Design (LEED) Green Building rating system as
119adopted by the Florida Green Building Council;
120     2.  Achieves at least a Two Globes rating according to the
121Green Globes Program as adopted by the Green Building
122Initiative;
123     3.  Achieves at least a comparable numeric rating according
124to a nationally recognized, accepted, and appropriate numeric
125sustainable development rating system, guideline, or standard;
126or
127     4.  Meets nationally recognized, consensus-based, and
128accepted green building guidelines, standards, or systems
129approved by the state.
130     (c)  "Base building" means all areas of a building not
131intended for occupancy by a tenant or owner, including the
132structural components of the building, exterior walls, floors,
133windows, roofs, foundations, chimneys and stacks, parking areas,
134mechanical rooms and mechanical systems, and owner-controlled or
135operated services spaces, sidewalks, main lobby, shafts and
136vertical transportation mechanisms, stairways, and corridors.
137     (d)  "Commissioning" means:
138     1.  The testing and fine-tuning of heating, ventilating,
139and air-conditioning systems and other systems to ensure proper
140functioning and adherence to design criteria.
141     2.  The preparation of system operation manuals and
142instruction of maintenance personnel.
143     (e)  "Credit allowance year" means the later of:
144     1.  The taxable year during which:
145     a.  The property, construction, completion, or
146rehabilitation on which the credit allowed under this section is
147based is originally placed in service; or
148     b.  A fuel cell, wind turbine, or photovoltaic module
149constitutes a qualifying alternate energy source and is fully
150operational; or
151     2.  The earliest taxable year for which the credit may be
152claimed under the initial credit certificate issued under
153subsection (12).
154     (f)  "Department" means the Department of Revenue.
155     (g)  "Eligible building" means a building located in this
156state that:
157     1.  Is a building used primarily for nonresidential
158purposes if the building contains at least 20,000 square feet of
159interior space;
160     2.  Is a residential multifamily building with at least 12
161dwelling units that contains at least 20,000 square feet of
162interior space; or
163     3.  Is any combination of buildings described in
164subparagraphs 1. and 2.
165     (h)  "Fuel cell" means a device that produces electricity
166directly from hydrogen or hydrocarbon fuel through a
167noncombustive electrochemical process.
168     (i)  "Green base building" means a base building that is
169part of an eligible building and meets the requirements set out
170in paragraph (b).
171     (j)  "Green tenant space" means tenant space in a building
172if the building is an eligible building and the tenant space
173meets the requirements of paragraph (b).
174     (k)  "Green whole building" means a building for which the
175base building is a green base building and all tenant space is
176green tenant space.
177     (l)  "Incremental cost of building-integrated photovoltaic
178modules" means:
179     1.  The cost of building-integrated photovoltaic modules
180and any associated inverter, additional wiring or other
181electrical equipment for the photovoltaic modules, or additional
182mounting or structural materials, less the cost of spandrel
183glass or other building material that would have been used if
184building-integrated photovoltaic modules were not installed;
185     2.  The incremental labor costs properly allocable to
186onsite preparation, assembly, and original installation of
187photovoltaic modules; and
188     3.  The incremental costs of architectural and engineering
189services and designs and plans directly related to the
190construction or installation of photovoltaic modules.
191     (m)  "Qualifying alternate energy sources" means building-
192integrated and nonbuilding-integrated photovoltaic modules, wind
193turbines, and fuel cells installed to serve a base building or
194tenant space that:
195     1.  Have the capability to monitor their actual power
196output;
197     2.  Are fully commissioned upon installation, and annually
198thereafter, to ensure that the systems meet the design
199specifications; and
200     3.  In the case of wind turbines, meet any applicable noise
201ordinances.
202     (n)  "Tenant improvements" means improvements that are
203necessary or appropriate to support or conduct the business of a
204tenant or occupying owner.
205     (o)  "Tenant space" means the portion of a building
206intended for occupancy by a tenant or occupying owner.
207     (3)(a)  A corporation may claim a credit against the tax
208imposed by this chapter as provided under this section for green
209buildings and green building components.
210     (b)  If the credit authorized under this section exceeds
211the tax imposed by this chapter, any unused credit may be
212carried forward and applied for succeeding taxable years until
213the earlier of:
214     1.  The full amount of the credit is used; or
215     2.  The expiration of the 10th year after the taxable year
216for which the credit was allowed.
217     (c)  For each of the credits authorized under subsections
218(4)-(9), the credit may not be allowed for any taxable year
219unless:
220     1.  The taxpayer has obtained and filed an initial credit
221certificate and an eligibility certificate issued under
222subsection (12).
223     2.  A certificate of occupancy for the building has been
224issued.
225     3.  The property with respect to which the credit is
226claimed is in service during the taxable year.
227     (d)  The total aggregate amount authorized for all credits
228under this section may not exceed the maximum set forth in the
229initial credit certificate obtained under subsection (12).
230     (e)  In determining the amount of the credits under this
231section, a cost paid or incurred may not be the basis for more
232than one credit.
233     (4)(a)  For the taxable year that is the credit allowance
234year, an owner or tenant may claim a credit in an amount equal
235to 8 percent of the allowable costs paid or incurred by the
236owner or tenant for the construction of a green whole building
237or the rehabilitation of a building that is not a green whole
238building to become a green whole building.
239     (b)  The allowable costs used to determine the credit
240amount allowed under this subsection for a green whole building
241may not exceed in the aggregate:
242     1.  An amount equal to $120 per square foot for that
243portion of the building that comprises the base building; and
244     2.  An amount equal to $60 per square foot for that portion
245of the building that comprises the tenant space.
246     (5)(a)  For the taxable year that is the credit allowance
247year, an owner may claim a credit in an amount equal to 6
248percent of the allowable costs paid or incurred by the owner for
249the construction of a green base building or the rehabilitation
250of a building that is not a green base building to become a
251green base building.
252     (b)  The allowable costs used to determine the credit
253amount allowed under this subsection for a green base building
254may not exceed, in the aggregate, $120 per square foot.
255     (6)(a)  For the taxable year that is the credit allowance
256year, an owner or tenant may claim a credit in an amount equal
257to 6 percent of the allowable costs for tenant improvements paid
258or incurred by the owner or tenant in the construction or
259completion of green tenant space or the rehabilitation of tenant
260space that is not green tenant space to become green tenant
261space.
262     (b)1.  The allowable costs used to determine the credit
263amount allowed under this subsection for green tenant space may
264not exceed, in the aggregate, $60 per square foot.
265     2.  If an owner and tenant each incur allowable costs for
266tenant improvements under this subsection and the costs exceed
267$60 per square foot in the aggregate, the owner has priority as
268to costs constituting the basis for the green tenant space
269credit under this subsection.
270     (c)  The credit under this subsection for green tenant
271space may not be claimed by an owner of a building that occupies
272less than 10,000 square feet of the building.
273     (d)  The credit under this subsection for green tenant
274space may not be claimed by a tenant that occupies less than
2755,000 square feet.
276     (7)(a)  For the taxable year that is the credit allowance
277year, an owner or tenant may claim a credit in the amount
278determined under this subsection for the installation of a fuel
279cell that is a qualifying alternate energy source and is
280installed to serve a green whole building, green base building,
281or green tenant space.
282     (b)  The amount of the credit authorized under this
283subsection is 30 percent of the sum of the capitalized costs
284paid or incurred by an owner or tenant with respect to each fuel
285cell installed, including the cost of the foundation or platform
286and the labor costs associated with installation.
287     (c)  The costs used to determine the credit amount allowed
288under this subsection for installation of a fuel cell:
289     1.  May not exceed $1,000 per kilowatt of installed DC-
290rated capacity of the fuel cell; and
291     2.  Shall be reduced by the amount of any federal, state,
292or local grant:
293     a.  Received by the taxpayer and used for the purchase or
294installation of the fuel cell; and
295     b.  Not included in the federal gross income of the
296taxpayer.
297     (8)(a)  For the taxable year that is the credit allowance
298year, an owner or tenant may claim a credit in the amount
299determined under this subsection for the installation of
300photovoltaic modules that constitute a qualifying alternate
301energy source and are installed to serve a green whole building,
302green base building, or green tenant space.
303     (b)  The amount of the credit allowed under this subsection
304is:
305     1.  An amount equal to 20 percent of the incremental cost
306paid or incurred by an owner or tenant for building-integrated
307photovoltaic modules; and
308     2.  An amount equal to 25 percent of the cost of
309nonbuilding-integrated photovoltaic modules, including the cost
310of the foundation or platform and the labor costs associated
311with installation.
312     (c)  The costs used to determine the credit amount allowed
313under this subsection for installation of photovoltaic modules:
314     1.  May not exceed the product obtained by multiplying $3
315times the number of watts included in the DC-rated capacity of
316the photovoltaic modules; and
317     2.  Shall be reduced by the amount of any federal, state,
318or local grant:
319     a.  Received by the taxpayer and used for the purchase or
320installation of the photovoltaic equipment; and
321     b.  Not included in the federal gross income of the
322taxpayer.
323     (9)(a)  For the taxable year that is the credit allowance
324year, an owner or tenant may claim a credit in the amount
325determined under paragraph (b) for the installation of a wind
326turbine that is a qualifying alternate energy source and is
327installed to serve a green whole building, green base building,
328or green tenant space.
329     (b)  The amount of the credit authorized under this
330subsection is 25 percent of the sum of the capitalized costs
331paid or incurred by an owner or tenant with respect to each wind
332turbine installed, including the cost of the foundation or
333platform and the labor costs associated with installation.
334     (10)(a)  By rule, the department shall adopt standards for
335a building to qualify as a green base building eligible for the
336tax credits under this section that are consistent with the
337criteria for green base buildings set forth by the United States
338Green Building Council or other similar criteria.
339     (b)  The rule adopted under this subsection shall provide
340that the energy use shall be no more than 65 percent for new
341construction of a base building, or 75 percent in the case of
342rehabilitation of a base building, of the energy use
343attributable to a reference building which meets the
344requirements of applicable energy efficiency standards.
345     (11)(a)  By rule, the department shall adopt standards for
346tenant space to qualify as green tenant space eligible for the
347tax credits under this section that are consistent with the
348criteria for green tenant space set forth by the United States
349Green Building Council or other similar criteria.
350     (b)  The rule adopted under this subsection shall provide
351that the energy use shall be no more than 65 percent for new
352construction, or 75 percent in the case of rehabilitation, of
353the energy use attributable to a reference building which meets
354the requirements of applicable energy efficiency standards.
355     (12)(a)1.  Upon application by a taxpayer, the department
356shall issue an initial credit certificate if the taxpayer has
357made a showing that the taxpayer is likely within a reasonable
358time to place in service property for which a credit under this
359section would be allowed.
360     2.  The initial credit certificate issued under this
361paragraph:
362     a.  Shall state the earliest taxable year for which the
363credit may be claimed and an expiration date; and
364     b.  Shall apply only to property placed in service on or
365before the expiration date.
366     3.  To avoid unwarranted hardship, the department, in its
367discretion, may extend the expiration date stated under an
368initial credit certificate.
369     4.  The initial credit certificate shall state the maximum
370amount of credit allowable in the aggregate for all credits
371allowed under this section.
372     5.  The department may not issue initial credit
373certificates, in the aggregate, for more than $25 million.
374     6.  Except as provided in subparagraph 7., initial credit
375certificates shall be limited in their applicability. Credits in
376the aggregate, with respect to the following taxable years, may
377not be allowed for more than:
378     a.  The sum of $1 million for the tax year beginning in
3792009.
380     b.  The sum of $2 million for the tax year beginning in
3812010.
382     c.  The sum of $3 million for the tax year beginning in
3832011.
384     d.  The sum of $4 million for the tax year beginning in
3852012.
386     e.  The sum of $5 million for the tax year beginning in
3872013.
388     f.  The sum of $4 million for the tax year beginning in
3892014.
390     g.  The sum of $3 million for the tax year beginning in
3912015.
392     h.  The sum of $2 million for the tax year beginning in
3932016.
394     i.  The sum of $1 million for the tax year beginning in
3952017.
396     7.  As of the end of a calendar year, if certificates for
397credit amounts totaling less than the amount permitted with
398respect to taxable years beginning in that calendar year have
399been issued, the maximum amount that may be allowed for taxable
400years beginning in the subsequent calendar year shall be
401increased by the amount of the preceding year's shortfall.
402     8.  The department may not issue an initial credit
403certificate after December 31, 2017.
404     9.  On January 1, 2010, and each year thereafter, the
405department shall provide to the Chief Financial Officer a list
406of all taxpayers in the prior taxable year that have been issued
407an initial credit certificate and shall specify for each
408taxpayer the earliest taxable year for which the credit may be
409claimed and the maximum amount of the credit allowable in the
410aggregate for all credits allowed under this section.
411     (b)1.  For each taxable year for which a taxpayer claims a
412credit under this section with respect to a green whole
413building, green base building, green tenant space, fuel cell,
414photovoltaic module, or wind turbine, the taxpayer shall obtain
415an eligibility certificate from an architect or professional
416engineer licensed to practice in this state.
417     2.a.  An eligibility certificate issued under this
418paragraph shall consist of a certification, under the seal of
419the architect or engineer, that the property that is the basis
420for the credit that is claimed is in service and that:
421     (I)  The building, base building, or tenant space with
422respect to which the credit is claimed is a green whole
423building, green base building, or green tenant space.
424     (II)  Any fuel cell, photovoltaic module, or wind turbine
425with respect to which the credit is claimed constitutes a
426qualifying alternate energy source and is fully operational.
427     b.  The certification under sub-sub-subparagraph a.(II):
428     (I)  Shall be made in accordance with the rules adopted by
429the department under this section specifying the standards and
430guidelines for each credit under this section; and
431     (II)  Shall set forth the specific findings on which the
432certification was based.
433     c.  The taxpayer shall file the eligibility certificate and
434the associated initial credit certificate with the taxpayer's
435income tax return and shall file duplicate copies of the
436eligibility certificate with the department.
437     d.  The eligibility certificate shall include:
438     (I)  Sufficient information to identify each building or
439space; and
440     (II)  Any other information that the department or the
441Chief Financial Officer requires by rule.
442     (c)  If the department has reason to believe that an
443architect or professional engineer, in making any certification
444under this subsection, engaged in professional misconduct, the
445department shall inform the appropriate professional board of
446the suspected misconduct.
447     (d)1.  The Chief Financial Officer and the department may
448adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
449carry out the provisions of this section.
450     2.  Rules adopted under this section shall construe the
451provisions of this section in such a manner as to encourage the
452development of green whole buildings, green base buildings, and
453green tenant space and to maintain high, but commercially
454reasonable, standards for obtaining tax credits under this
455section.
456     (e)  On or before April 1, 2011, the Chief Financial
457Officer and the department, jointly and in consultation with the
458Department of Environmental Protection, shall submit to the
459Governor, the President of the Senate, and the Speaker of the
460House of Representatives a written report regarding:
461     1.  The number of certifications and taxpayers claiming the
462credit under this section;
463     2.  The amount of the credits claimed;
464     3.  The geographical distribution of the credits claimed;
465and
466     4.  Any other available information the department
467determines to be meaningful and appropriate.
468     (f)  The Chief Financial Officer shall ensure that the
469information is presented and classified in a manner consistent
470with the confidentiality of tax return information.
471     (13)  On or before July 1, 2008, the department, in
472consultation with the Department of Environmental Protection and
473the Department of Natural Resources, shall adopt rules with
474respect to the certification of green whole buildings, green
475base buildings, and green tenant space that are consistent with
476criteria set forth by the Florida Green Buildings Council or
477other similar criteria for:
478     (a)  Energy use;
479     (b)  Appliance and heating, cooling, and hot water
480equipment standards;
481     (c)  Air conditioning equipment, including chillers;
482     (d)  Building materials, finishes, and furnishings;
483     (e)  Stormwater runoff for new construction;
484     (f)  Water conservation and efficiency; and
485     (g)  Indoor air quality, in consultation with the
486Department of Health.
487     Section 3.  Subsection (1) of section 553.74, Florida
488Statutes, is amended to read:
489     553.74  Florida Building Commission.--
490     (1)  The Florida Building Commission is created and shall
491be located within the Department of Community Affairs for
492administrative purposes. Members shall be appointed by the
493Governor subject to confirmation by the Senate. The commission
494shall be composed of 24 23 members, consisting of the following:
495     (a)  One architect registered to practice in this state and
496actively engaged in the profession.
497     (b)  One structural engineer registered to practice in this
498state and actively engaged in the profession.
499     (c)  One air-conditioning or mechanical contractor
500certified to do business in this state and actively engaged in
501the profession.
502     (d)  One electrical contractor certified to do business in
503this state and actively engaged in the profession.
504     (e)  One member from fire protection engineering or
505technology who is actively engaged in the profession.
506     (f)  One general contractor certified to do business in
507this state and actively engaged in the profession.
508     (g)  One plumbing contractor licensed to do business in
509this state and actively engaged in the profession.
510     (h)  One roofing or sheet metal contractor certified to do
511business in this state and actively engaged in the profession.
512     (i)  One residential contractor licensed to do business in
513this state and actively engaged in the profession.
514     (j)  Three members who are municipal or district codes
515enforcement officials, one of whom is also a fire official.
516     (k)  One member who represents the Department of Financial
517Services.
518     (l)  One member who is a county codes enforcement official.
519     (m)  One member of a Florida-based organization of persons
520with disabilities or a nationally chartered organization of
521persons with disabilities with chapters in this state.
522     (n)  One member of the manufactured buildings industry who
523is licensed to do business in this state and is actively engaged
524in the industry.
525     (o)  One mechanical or electrical engineer registered to
526practice in this state and actively engaged in the profession.
527     (p)  One member who is a representative of a municipality
528or a charter county.
529     (q)  One member of the building products manufacturing
530industry who is authorized to do business in this state and is
531actively engaged in the industry.
532     (r)  One member who is a representative of the building
533owners and managers industry who is actively engaged in
534commercial building ownership or management.
535     (s)  One member who is a representative of the insurance
536industry.
537     (t)  One member who is a representative of public
538education.
539     (u)  One member who is a representative of the green
540building industry and who is a third-party commissioning agent,
541a Florida board member for the United States Green Building
542Council or Green Building Initiative, or a LEED-accredited
543professional.
544     (v)(u)  One member who shall be the chair.
545
546Any person serving on the commission under paragraph (c) or
547paragraph (h) on October 1, 2003, and who has served less than
548two full terms is eligible for reappointment to the commission
549regardless of whether he or she meets the new qualification.
550     Section 4.  Part IX of chapter 553, Florida Statutes,
551consisting of sections 553.9991, 553.9993, and 553.9995, is
552created to read:
553
PART IX
554
FLORIDA GREEN BUILDING CONSTRUCTION
555     553.9991  Florida Green Building Act.--
556     (1)  SHORT TITLE.--This part may be cited as the "Florida
557Green Building Act."
558     (2)  LEGISLATIVE FINDINGS; DECLARATION.--
559     (a)  The Legislature finds that:
560     1.  Energy costs are increasing.
561     2.  Energy used in buildings contributes substantially to
562the problems of pollution and global warming.
563     3.  Buildings can be built and renovated using high-
564performance methods that reduce energy costs, preserve the
565environment, and enhance quality of life.
566     4.  Green building development addresses and minimizes
567numerous adverse impacts upon the health, safety, and welfare of
568social, natural, and built environments.
569     5.  Green development will optimize the energy performance
570of buildings throughout the state, improve environmental quality
571in the state, protect and restore the state's natural resources
572by avoiding development of inappropriate building sites, reduce
573the burden on municipal water supply and treatment by reducing
574potable water consumption, and reduce waste generation and
575manage waste through recycling and diversion from landfill
576disposal.
577     (b)  The Legislature declares that there is an important
578state interest in promoting the construction of energy-efficient
579and sustainable buildings. Government leadership is vital to
580demonstrate the state's commitment to energy and environmental
581conservation, saving taxpayers money, and raising public
582awareness of conscientious development.
583     (3)  DEFINITIONS.--As used in this part, the term:
584     (a)  "Council" means the United States Green Building
585Council.
586     (b)  "Department" means the Department of Management
587Services.
588     (c)  "Green Globes Rating System" means the environmental
589building rating system established by the initiative to
590determine the level of a building's sustainability and energy
591efficiency performance.
592     (d)  "High-performance building" means a building designed
593to achieve integrated systems design and construction so as to
594significantly reduce or eliminate the negative impact of the
595built environment.
596     (e)  "Initiative" means the Green Building Initiative.
597     (f)  "LEED" means the council's Leadership in Energy and
598Environmental Design rating systems.
599     (g)  "LEED silver standard" means the United States Green
600Building Council's leadership in energy and environmental design
601green building rating standard, referred to as the "silver
602standard."
603     (h)  "Major facility project" means:
604     1.a.  A state-funded new construction building project
605under which the building to be constructed is larger than 10,000
606gross square feet;
607     b.  A state-funded renovation project that involves more
608than 50 percent of the replacement value of an existing facility
609or a change in occupancy; or
610     c.  A state-funded commercial interior tenant fit-out
611project that is larger than 7,500 square feet of leasable area.
612     2.  The term "major facility project" does not include:
613     a.  Projects for which the department, public school
614district, or other applicable agency and the design team
615determine the LEED silver standard or a nationally recognized
616standard of an equivalent ranking to be not practicable; or
617     b.  Transmitter buildings; pumping stations; hospitals;
618research facilities primarily used for sponsored laboratory
619experimentation, laboratory research, or laboratory training in
620research methods; or other similar building types as determined
621by the department.
622     (i)  "Public agency" means every state office, officer,
623board, commission, committee, bureau, department, and public
624higher education institution.
625     (j)  "Sustainable building" means a building that is
626healthy and comfortable for its occupants and is economical to
627operate while conserving resources, including energy, water, raw
628materials, and land, and minimizing the generation of toxic
629materials and waste in its design, construction, landscaping,
630and operation.
631     (k)  "Third-party commissioning agent" means a person
632accredited by the council or initiative with expertise in
633building system performance who analyzes, evaluates, and
634confirms the proper function and performance of a high-
635performance building and its systems, equipment, and indoor air
636quality. To qualify as a third-party commissioning agent, a
637person must not have participated in the original certification
638of the major facility project or renovation project.
639     (4)  MAJOR FACILITY CONSTRUCTION.--All major facility
640projects funded with state moneys shall be constructed as a
641sustainable building meeting the council's LEED rating system,
642the initiative's Green Globes Rating System, or a nationally
643recognized, high-performance green building rating system as
644approved by the department. This section applies to all major
645facility projects for which the architectural plans started
646after July 1, 2008.
647     553.9993  Public buildings; educational facilities.--
648     (1)  The Legislature finds that public buildings and
649educational facilities can be built and renovated using high-
650performance methods that save money, improve workplace and
651classroom performance, and make workers and students more
652productive. High-performance public buildings and educational
653facilities are proven to increase student test scores, reduce
654worker absenteeism, and cut energy and utility costs.
655     (2)(a)  All major facility projects of public agencies
656receiving any funding in a state capital budget, or projects
657financed through a financing contract, must be designed,
658constructed, and certified to at least the LEED silver standard
659or a nationally recognized standard of an equivalent ranking.
660This paragraph applies to major facility projects that have not
661entered the design phase prior to the effective date of this
662part and to the extent appropriate LEED silver standards or
663nationally recognized standards of an equivalent ranking exist
664for that type of building or facility.
665     (b)  All major facility projects of any entity other than a
666public agency or public school district receiving any funding in
667a state capital budget must be designed, constructed, and
668certified to at least the LEED silver standard or an a
669nationally recognized standard of an equivalent ranking. This
670paragraph applies to major facility projects that have not
671entered the grant application process prior to the effective
672date of this part and to the extent appropriate LEED silver
673standards or nationally recognized standards of an equivalent
674ranking exist for that type of building or facility.
675     (c)1.  Public agencies shall monitor and document ongoing
676operating savings resulting from major facility projects
677designed, constructed, and certified as required under this
678section.
679     2.  Public agencies shall report annually to the department
680on major facility projects and operating savings.
681     (d)  The department shall consolidate the reports required
682in paragraph (c) into one report and report to the Governor, the
683President of the Senate, and the Speaker of the House of
684Representatives by September 1 of each even-numbered year
685beginning in 2010 and ending in 2020. In its report, the
686department shall also report on the implementation of this part,
687including reasons why the LEED standard or a nationally
688recognized standard of an equivalent ranking was not used. The
689department shall make recommendations regarding the ongoing
690implementation of this part, including a discussion of
691incentives and disincentives related to implementing this part.
692     (3)  A member of the design team or construction team may
693not be held liable for the failure of a major facility project
694to meet the LEED silver standard, or other LEED standard, or a
695nationally recognized standard of an equivalent ranking
696established for the project as long as a good faith attempt was
697made to achieve the LEED or equivalent standard set for the
698project.
699     (4)  Except as provided in this section, affordable housing
700projects funded out of the state capital budget are exempt from
701the provisions of this part. On or before July 1, 2012, the
702Department of Community Affairs shall identify, implement, and
703apply a sustainable building program for affordable housing
704projects that receive housing trust fund funding in the state
705capital budget. The Department of Community Affairs shall not
706develop its own sustainable building standard, but shall work
707with stakeholders to adopt an existing sustainable building
708standard or criteria appropriate for affordable housing. Any
709application of the program to affordable housing, including any
710monitoring to track the performance of either sustainable
711features or energy standards or both, is the responsibility of
712the Department of Community Affairs. Beginning in 2013 and
713ending in 2020, the Department of Community Affairs shall report
714to the department as required under paragraph (2)(c).
715     (5)(a)  The Office of Program Policy Analysis and
716Government Accountability, or a successor agency, shall conduct
717a performance review of the high-performance buildings program
718established under this part.
719     (b)  The performance audit shall include, but not be
720limited to:
721     1.  The identification of the costs of implementation of
722high-performance building standards in the design and
723construction of major facility projects subject to this part.
724     2.  The identification of operating savings attributable to
725the implementation of high-performance building standards,
726including, but not limited to, savings in energy, utility, and
727maintenance costs.
728     3.  The identification of any impacts of high-performance
729buildings standards on worker productivity and student
730performance.
731     4.  An evaluation of the effectiveness of the high-
732performance building standards established under this part and
733recommendations for any changes in those standards that may be
734supported by the office's findings.
735     (c)  The office shall make a preliminary report of its
736findings and recommendations on or before December 1, 2014, and
737a final report on or before July 1, 2015.
738     553.9995  Florida Green Building Council.--
739     (1)  The Florida Green Building Council is created and
740shall be located within the Department of Community Affairs for
741administrative purposes. The commission shall be composed of 15
742members, consisting of:
743     (a)  The Secretary of Community Affairs or the secretary's
744designee.
745     (b)  The Secretary of Management Services or the
746secretary's designee.
747     (c)  The Chief Financial Officer or the Chief Financial
748Officer's designee.
749     (d)  The Secretary of Environmental Protection or the
750secretary's designee.
751     (e)  The Commissioner of Agriculture or the commissioner's
752designee.
753     (f)  The Secretary of Transportation or the secretary's
754designee.
755     (g)  The Commissioner of Education or the commissioner's
756designee.
757     (h)  The Chancellor of the State University System or the
758chancellor's designee.
759     (i)  Seven members who shall be appointed by the Governor
760to represent environmental, business, and citizen interests, at
761least one of whom shall have expertise in energy conservation or
762green building design standards. The terms of members appointed
763by the Governor shall be 2 years. The terms of appointed members
764shall be staggered. At the end of a term, a member shall serve
765until his or her successor is appointed and qualifies. A member
766who is appointed after a term has begun shall serve only for the
767remainder of that term and until a successor is appointed and
768qualifies.
769     (2)  The Governor shall appoint a chair from among the
770council's membership and the chair shall serve at the pleasure
771of the Governor.
772     (3)  The council may act with an affirmative vote of eight
773members.
774     (4)  Any member who, during his or her term, ceases to meet
775the qualifications for original appointment shall forfeit
776membership on the council.
777     (5)  Members of the council shall serve without
778compensation but shall be entitled to reimbursement for per diem
779and travel expenses as provided by s. 112.061.
780     (6)  Each appointed member is accountable to the Governor
781for the proper performance of the duties of the office. The
782Governor shall cause to be investigated any complaint or
783unfavorable report received concerning an action of or any
784member of the council and shall take appropriate action upon
785receiving the results of such investigation. The Governor may
786remove from office any appointed member for malfeasance,
787misfeasance, neglect of duty, incompetence, permanent inability
788to perform official duties, or pleading guilty or nolo
789contendere to, or being found guilty of, a felony.
790     Section 5.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.