Florida Senate - 2008 SB 2530

By Senator Aronberg

27-03210A-08 20082530__

A bill to be entitled

An act relating to green building construction; creating

s. 212.099, F.S.; providing a purpose; providing

definitions; providing for a sales tax credit for certain

building construction; creating s. 220.194, F.S.;

providing a purpose; providing definitions; providing for

a corporate income tax credit for certain building

construction; requiring the Department of Revenue to adopt

certain standards by rule; providing requirements;

requiring the department to issue initial credit

certificates under certain circumstances; providing

certificate requirements and limitations; requiring

taxpayers claiming credits to obtain eligibility

certificates; providing requirements; providing additional

certification requirements; authorizing the Chief

Financial Officer and the department to adopt rules;

requiring the Chief Financial Officer and the department

to submit a report to the Governor and the Legislature;

providing report requirements; providing duties of the

Chief Financial Officer; requiring the department to adopt

certification rules; amending s. 553.74, F.S.; providing

for an additional member of the Florida Building

Commission; creating part IX of ch. 553, F.S., consisting

of ss. 553.9991, 553.9993, and 553.9995, F.S.; creating

the Florida Green Building Act; providing legislative

findings; providing a legislative declaration; providing

definitions; requiring certain state-funded projects to be

constructed to meet certain energy and environmental

design rating systems; requiring certain public buildings

and educational facilities to be constructed to meet

certain energy and environmental design rating systems;

providing a legislative finding; requiring certain major

facility projects receiving state funding to be

constructed to meet certain energy and environmental

design rating standards; providing public agency

monitoring and reporting requirements; providing reporting

requirements for the department; requiring the department

to summarize certain reports and report to the

Legislature; specifying absence of liability for failing

to meet certain standards under certain circumstances;

exempting certain affordable housing projects; requiring

the Department of Community Affairs to develop a

sustainable building program for certain affordable

housing projects; providing requirements and limitations;

providing performance review requirements for the Office

of Program Policy Analysis and Government Accountability;

providing performance audit requirements; requiring

reports; creating the Florida Green Building Council in

the Department of Community Affairs; providing for

membership; providing for action by the council; providing

that members shall serve without compensation; providing

for per diem and travel expenses; providing for member

accountability to the Governor; providing for

investigation by the Governor of council actions or

members; providing for removal of council members under

certain circumstances; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Section 212.099, Florida Statutes, is created to

read:

212.099 Florida Green Building sales tax refund program.--

(1) The purpose of this section is to encourage the

development and construction of facilities using environmentally

conscious building practices.

(2) The definitions provided in s. 220.194 apply to this

section.

(3) A property owner may claim a refund against the tax

imposed by this chapter paid during the building or renovation of

a residential structure that does not qualify for the green

building corporate income tax credit under s. 220.194. The

property owner shall submit to the department proof of having

paid the sales tax on items used in the construction or

improvement of the property and proof of the property's

compliance with applicable green building standards as specified

in s. 220.194. The tax refund shall not exceed $5,000 per

property.

Section 2. Section 220.194, Florida Statutes, is created to

read:

220.194 Florida Green Building corporate income tax

credit.--

(1) The purpose of this section is to encourage the

development and construction of facilities using environmentally

conscious building practices.

(2) As used in this section:

(a)1. "Allowable costs" means amounts properly chargeable

to capital accounts, other than for land, that are paid or

incurred on or after July 1, 2009, for:

a. Construction or rehabilitation;

b. Commissioning costs;

c. Interest paid or incurred during the construction or

rehabilitation period;

d. Architectural, engineering, and other professional fees

allocable to construction or rehabilitation;

e. Closing costs for construction, rehabilitation, or

mortgage loans;

f. Recording taxes and filing fees incurred with respect to

construction or rehabilitation; or

g. Finishes and furnishings, consistent with the rules

100

adopted by the Department of Business and Professional

101

Regulation, for lighting, plumbing, electrical wiring, and

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ventilation.

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2. The term "allowable costs" does not include:

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a. The cost of telephone systems and computers, other than

105

electrical wiring costs;

106

b. Legal fees allocable to construction or rehabilitation;

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c. Site costs, including temporary electric wiring,

108

scaffolding, demolition costs, and fencing and security

109

facilities;

110

d. Finishes or furnishings that are not consistent with the

111

rules adopted by the Department of Business and Professional

112

Regulation under this section; or

113

e. The cost of purchasing or installing fuel cells, wind

114

turbines, or photovoltaic modules.

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(b) "Applicable green building" means a building that:

116

1. Achieves at least a silver rating according to the

117

United States Green Building Council's Leadership in Energy and

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Environmental Design (LEED) Green Building rating system as

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adopted by the Florida Green Building Council;

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2. Achieves at least a Two Globes rating according to the

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Green Globes Program as adopted by the Green Building Initiative;

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3. Achieves at least a comparable numeric rating according

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to a nationally recognized, accepted, and appropriate numeric

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sustainable development rating system, guideline, or standard; or

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4. Meets nationally recognized, consensus-based, and

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accepted green building guidelines, standards, or systems

127

approved by the state.

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intended for occupancy by a tenant or owner, including the

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structural components of the building, exterior walls, floors,

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windows, roofs, foundations, chimneys and stacks, parking areas,

132

mechanical rooms and mechanical systems, and owner-controlled or

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operated services spaces, sidewalks, main lobby, shafts and

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vertical transportation mechanisms, stairways, and corridors.

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(d) "Commissioning" means:

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1. The testing and fine-tuning of heating, ventilating, and

137

air-conditioning systems and other systems to ensure proper

138

functioning and adherence to design criteria.

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2. The preparation of system operation manuals and

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instruction of maintenance personnel.

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(e) "Credit allowance year" means the later of:

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1. The taxable year during which:

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a. The property, construction, completion, or

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rehabilitation on which the credit allowed under this section is

145

based is originally placed in service; or

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b. A fuel cell, wind turbine, or photovoltaic module

147

constitutes a qualifying alternate energy source and is fully

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operational; or

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2. The earliest taxable year for which the credit may be

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claimed under the initial credit certificate issued under

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subsection (12).

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(f) "Department" means the Department of Revenue.

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(g) "Eligible building" means a building located in this

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state that:

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1. Is a building used primarily for nonresidential purposes

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if the building contains at least 20,000 square feet of interior

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space;

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2. Is a residential multifamily building with at least 12

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dwelling units that contains at least 20,000 square feet of

160

interior space; or

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3. Is any combination of buildings described in

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subparagraphs 1. and 2.

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(h) "Fuel cell" means a device that produces electricity

164

directly from hydrogen or hydrocarbon fuel through a

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noncombustive electrochemical process.

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(i) "Green base building" means a base building that is

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part of an eligible building and meets the requirements set out

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in paragraph (b).

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(j) "Green tenant space" means tenant space in a building

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if the building is an eligible building and the tenant space

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meets the requirements of paragraph (b).

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(k) "Green whole building" means a building for which the

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base building is a green base building and all tenant space is

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green tenant space.

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(l) "Incremental cost of building-integrated photovoltaic

176

modules" means:

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1. The cost of building-integrated photovoltaic modules and

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any associated inverter, additional wiring or other electrical

179

equipment for the photovoltaic modules, or additional mounting or

180

structural materials, less the cost of spandrel glass or other

181

building material that would have been used if building-

182

integrated photovoltaic modules were not installed;

183

2. The incremental labor costs properly allocable to onsite

184

preparation, assembly, and original installation of photovoltaic

185

modules; and

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3. The incremental costs of architectural and engineering

187

services and designs and plans directly related to the

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construction or installation of photovoltaic modules.

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(m) "Qualifying alternate energy sources" means building-

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integrated and nonbuilding-integrated photovoltaic modules, wind

191

turbines, and fuel cells installed to serve a base building or

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tenant space that:

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1. Have the capability to monitor their actual power

194

output;

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2. Are fully commissioned upon installation, and annually

196

thereafter, to ensure that the systems meet the design

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specifications; and

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3. In the case of wind turbines, meet any applicable noise

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ordinances.

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(n) "Tenant improvements" means improvements that are

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necessary or appropriate to support or conduct the business of a

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tenant or occupying owner.

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(o) "Tenant space" means the portion of a building intended

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for occupancy by a tenant or occupying owner.

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(3)(a) A corporation may claim a credit against the tax

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imposed by this chapter as provided under this section for green

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buildings and green building components.

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(b) If the credit authorized under this section exceeds the

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tax imposed by this chapter, any unused credit may be carried

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forward and applied for succeeding taxable years until the

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earlier of:

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1. The full amount of the credit is used; or

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2. The expiration of the 10th year after the taxable year

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for which the credit was allowed.

215

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(4)-(9), the credit may not be allowed for any taxable year

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unless:

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1. The taxpayer has obtained and filed an initial credit

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certificate and an eligibility certificate issued under

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subsection (12).

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2. A certificate of occupancy for the building has been

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issued.

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3. The property with respect to which the credit is claimed

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is in service during the taxable year.

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(d) The total aggregate amount authorized for all credits

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under this section may not exceed the maximum set forth in the

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initial credit certificate obtained under subsection (12).

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(e) In determining the amount of the credits under this

229

section, a cost paid or incurred may not be the basis for more

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than one credit.

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(4)(a) For the taxable year that is the credit allowance

232

year, an owner or tenant may claim a credit in an amount equal to

233

8 percent of the allowable costs paid or incurred by the owner or

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tenant for the construction of a green whole building or the

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rehabilitation of a building that is not a green whole building

236

to become a green whole building.

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(b) The allowable costs used to determine the credit amount

238

allowed under this subsection for a green whole building may not

239

exceed in the aggregate:

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1. An amount equal to $120 per square foot for that portion

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of the building that comprises the base building; and

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2. An amount equal to $60 per square foot for that portion

243

of the building that comprises the tenant space.

244

(5)(a) For the taxable year that is the credit allowance

245

year, an owner may claim a credit in an amount equal to 6 percent

246

of the allowable costs paid or incurred by the owner for the

247

construction of a green base building or the rehabilitation of a

248

building that is not a green base building to become a green base

249

building.

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(b) The allowable costs used to determine the credit amount

251

allowed under this subsection for a green base building may not

252

exceed, in the aggregate, $120 per square foot.

253

(6)(a) For the taxable year that is the credit allowance

254

year, an owner or tenant may claim a credit in an amount equal to

255

6 percent of the allowable costs for tenant improvements paid or

256

incurred by the owner or tenant in the construction or completion

257

of green tenant space or the rehabilitation of tenant space that

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is not green tenant space to become green tenant space.

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(b)1. The allowable costs used to determine the credit

260

amount allowed under this subsection for green tenant space may

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not exceed, in the aggregate, $60 per square foot.

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2. If an owner and tenant each incur allowable costs for

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tenant improvements under this subsection and the costs exceed

264

$60 per square foot in the aggregate, the owner has priority as

265

to costs constituting the basis for the green tenant space credit

266

under this subsection.

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may not be claimed by an owner of a building that occupies less

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than 10,000 square feet of the building.

270

(d) The credit under this subsection for green tenant space

271

may not be claimed by a tenant that occupies less than 5,000

272

square feet.

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(7)(a) For the taxable year that is the credit allowance

274

year, an owner or tenant may claim a credit in the amount

275

determined under this subsection for the installation of a fuel

276

cell that is a qualifying alternate energy source and is

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installed to serve a green whole building, green base building,

278

or green tenant space.

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(b) The amount of the credit authorized under this

280

subsection is 30 percent of the sum of the capitalized costs paid

281

or incurred by an owner or tenant with respect to each fuel cell

282

installed, including the cost of the foundation or platform and

283

the labor costs associated with installation.

284

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under this subsection for installation of a fuel cell:

286

1. May not exceed $1,000 per kilowatt of installed DC-rated

287

capacity of the fuel cell; and

288

2. Shall be reduced by the amount of any federal, state, or

289

local grant:

290

a. Received by the taxpayer and used for the purchase or

291

installation of the fuel cell; and

292

b. Not included in the federal gross income of the

293

taxpayer.

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(8)(a) For the taxable year that is the credit allowance

295

year, an owner or tenant may claim a credit in the amount

296

determined under this subsection for the installation of

297

photovoltaic modules that constitute a qualifying alternate

298

energy source and are installed to serve a green whole building,

299

green base building, or green tenant space.

300

(b) The amount of the credit allowed under this subsection

301

is:

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1. An amount equal to 20 percent of the incremental cost

303

paid or incurred by an owner or tenant for building-integrated

304

photovoltaic modules; and

305

2. An amount equal to 25 percent of the cost of

306

nonbuilding-integrated photovoltaic modules, including the cost

307

of the foundation or platform and the labor costs associated with

308

installation.

309

310

under this subsection for installation of photovoltaic modules:

311

1. May not exceed the product obtained by multiplying $3

312

times the number of watts included in the DC-rated capacity of

313

the photovoltaic modules; and

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2. Shall be reduced by the amount of any federal, state, or

315

local grant:

316

a. Received by the taxpayer and used for the purchase or

317

installation of the photovoltaic equipment; and

318

b. Not included in the federal gross income of the

319

taxpayer.

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(9)(a) For the taxable year that is the credit allowance

321

year, an owner or tenant may claim a credit in the amount

322

determined under paragraph (b) for the installation of a wind

323

turbine that is a qualifying alternate energy source and is

324

installed to serve a green whole building, green base building,

325

or green tenant space.

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(b) The amount of the credit authorized under this

327

subsection is 25 percent of the sum of the capitalized costs paid

328

or incurred by an owner or tenant with respect to each wind

329

turbine installed, including the cost of the foundation or

330

platform and the labor costs associated with installation.

331

(10)(a) By rule, the department shall adopt standards for a

332

building to qualify as a green base building eligible for the tax

333

credits under this section that are consistent with the criteria

334

for green base buildings set forth by the United States Green

335

Building Council or other similar criteria.

336

(b) The rule adopted under this subsection shall provide

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that the energy use shall be no more than 65 percent for new

338

construction of a base building, or 75 percent in the case of

339

rehabilitation of a base building, of the energy use attributable

340

to a reference building which meets the requirements of

341

applicable energy efficiency standards.

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(11)(a) By rule, the department shall adopt standards for

343

tenant space to qualify as green tenant space eligible for the

344

tax credits under this section that are consistent with the

345

criteria for green tenant space set forth by the United States

346

Green Building Council or other similar criteria.

347

(b) The rule adopted under this subsection shall provide

348

that the energy use shall be no more than 65 percent for new

349

construction, or 75 percent in the case of rehabilitation, of the

350

energy use attributable to a reference building which meets the

351

requirements of applicable energy efficiency standards.

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(12)(a)1. Upon application by a taxpayer, the department

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shall issue an initial credit certificate if the taxpayer has

354

made a showing that the taxpayer is likely within a reasonable

355

time to place in service property for which a credit under this

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section would be allowed.

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2. The initial credit certificate issued under this

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paragraph:

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a. Shall state the earliest taxable year for which the

360

credit may be claimed and an expiration date; and

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b. Shall apply only to property placed in service on or

362

before the expiration date.

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3. To avoid unwarranted hardship, the department, in its

364

discretion, may extend the expiration date stated under an

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initial credit certificate.

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4. The initial credit certificate shall state the maximum

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amount of credit allowable in the aggregate for all credits

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allowed under this section.

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5. The department may not issue initial credit

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certificates, in the aggregate, for more than $25 million.

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6. Except as provided in subparagraph 7., initial credit

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certificates shall be limited in their applicability. Credits in

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the aggregate, with respect to the following taxable years, may

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not be allowed for more than:

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a. The sum of $1 million for the tax year beginning in

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2009.

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b. The sum of $2 million for the tax year beginning in

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2010.

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c. The sum of $3 million for the tax year beginning in

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2011.

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d. The sum of $4 million for the tax year beginning in

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2012.

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e. The sum of $5 million for the tax year beginning in

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2013.

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f. The sum of $4 million for the tax year beginning in

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2014.

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g. The sum of $3 million for the tax year beginning in

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2015.

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h. The sum of $2 million for the tax year beginning in

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2016.

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i. The sum of $1 million for the tax year beginning in

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2017.

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7. As of the end of a calendar year, if certificates for

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credit amounts totaling less than the amount permitted with

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respect to taxable years beginning in that calendar year have

396

been issued, the maximum amount that may be allowed for taxable

397

years beginning in the subsequent calendar year shall be

398

increased by the amount of the preceding year's shortfall.

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8. The department may not issue an initial credit

400

certificate after December 31, 2017.

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9. On January 1, 2010, and each year thereafter, the

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department shall provide to the Chief Financial Officer a list of

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all taxpayers in the prior taxable year that have been issued an

404

initial credit certificate and shall specify for each taxpayer

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the earliest taxable year for which the credit may be claimed and

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the maximum amount of the credit allowable in the aggregate for

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all credits allowed under this section.

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(b)1. For each taxable year for which a taxpayer claims a

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credit under this section with respect to a green whole building,

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green base building, green tenant space, fuel cell, photovoltaic

411

module, or wind turbine, the taxpayer shall obtain an eligibility

412

certificate from an architect or professional engineer licensed

413

to practice in this state.

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2.a. An eligibility certificate issued under this paragraph

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shall consist of a certification, under the seal of the architect

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or engineer, that the property that is the basis for the credit

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that is claimed is in service and that:

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(I) The building, base building, or tenant space with

419

respect to which the credit is claimed is a green whole building,

420

green base building, or green tenant space.

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(II) Any fuel cell, photovoltaic module, or wind turbine

422

with respect to which the credit is claimed constitutes a

423

qualifying alternate energy source and is fully operational.

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b. The certification under sub-sub-subparagraph a.(II):

425

(I) Shall be made in accordance with the rules adopted by

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the department under this section specifying the standards and

427

guidelines for each credit under this section; and

428

(II) Shall set forth the specific findings on which the

429

certification was based.

430

c. The taxpayer shall file the eligibility certificate and

431

the associated initial credit certificate with the taxpayer's

432

income tax return and shall file duplicate copies of the

433

eligibility certificate with the department.

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d. The eligibility certificate shall include:

435

(I) Sufficient information to identify each building or

436

space; and

437

(II) Any other information that the department or the Chief

438

Financial Officer requires by rule.

439

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architect or professional engineer, in making any certification

441

under this subsection, engaged in professional misconduct, the

442

department shall inform the appropriate professional board of the

443

suspected misconduct.

444

(d)1. The Chief Financial Officer and the department may

445

adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to

446

carry out the provisions of this section.

447

2. Rules adopted under this section shall construe the

448

provisions of this section in such a manner as to encourage the

449

development of green whole buildings, green base buildings, and

450

green tenant space and to maintain high, but commercially

451

reasonable, standards for obtaining tax credits under this

452

section.

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(e) On or before April 1, 2011, the Chief Financial Officer

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and the department, jointly and in consultation with the

455

Department of Environmental Protection, shall submit to the

456

Governor, the President of the Senate, and the Speaker of the

457

House of Representatives a written report regarding:

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1. The number of certifications and taxpayers claiming the

459

credit under this section;

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2. The amount of the credits claimed;

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3. The geographical distribution of the credits claimed;

462

and

463

4. Any other available information the department

464

determines to be meaningful and appropriate.

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(f) The Chief Financial Officer shall ensure that the

466

information is presented and classified in a manner consistent

467

with the confidentiality of tax return information.

468

(13) On or before July 1, 2008, the department, in

469

consultation with the Department of Environmental Protection and

470

the Department of Natural Resources, shall adopt rules with

471

respect to the certification of green whole buildings, green base

472

buildings, and green tenant space that are consistent with

473

criteria set forth by the Florida Green Buildings Council or

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other similar criteria for:

475

(a) Energy use;

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(b) Appliance and heating, cooling, and hot water equipment

477

standards;

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(d) Building materials, finishes, and furnishings;

480

(e) Stormwater runoff for new construction;

481

(f) Water conservation and efficiency; and

482

(g) Indoor air quality, in consultation with the Department

483

of Health.

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Section 3. Subsection (1) of section 553.74, Florida

485

Statutes, is amended to read:

486

553.74 Florida Building Commission.--

487

(1) The Florida Building Commission is created and shall be

488

located within the Department of Community Affairs for

489

administrative purposes. Members shall be appointed by the

490

Governor subject to confirmation by the Senate. The commission

491

shall be composed of 24 23 members, consisting of the following:

492

(a) One architect registered to practice in this state and

493

actively engaged in the profession.

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(b) One structural engineer registered to practice in this

495

state and actively engaged in the profession.

496

497

to do business in this state and actively engaged in the

498

profession.

499

(d) One electrical contractor certified to do business in

500

this state and actively engaged in the profession.

501

(e) One member from fire protection engineering or

502

technology who is actively engaged in the profession.

503

(f) One general contractor certified to do business in this

504

state and actively engaged in the profession.

505

(g) One plumbing contractor licensed to do business in this

506

state and actively engaged in the profession.

507

(h) One roofing or sheet metal contractor certified to do

508

business in this state and actively engaged in the profession.

509

(i) One residential contractor licensed to do business in

510

this state and actively engaged in the profession.

511

(j) Three members who are municipal or district codes

512

enforcement officials, one of whom is also a fire official.

513

(k) One member who represents the Department of Financial

514

Services.

515

(l) One member who is a county codes enforcement official.

516

(m) One member of a Florida-based organization of persons

517

with disabilities or a nationally chartered organization of

518

persons with disabilities with chapters in this state.

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(n) One member of the manufactured buildings industry who

520

is licensed to do business in this state and is actively engaged

521

in the industry.

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(o) One mechanical or electrical engineer registered to

523

practice in this state and actively engaged in the profession.

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(p) One member who is a representative of a municipality or

525

a charter county.

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(q) One member of the building products manufacturing

527

industry who is authorized to do business in this state and is

528

actively engaged in the industry.

529

(r) One member who is a representative of the building

530

owners and managers industry who is actively engaged in

531

commercial building ownership or management.

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(s) One member who is a representative of the insurance

533

industry.

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(t) One member who is a representative of public education.

535

(u) One member who is a representative of the green

536

building industry and who is a third-party commissioning agent, a

537

Florida board member for the United States Green Building Council

538

or Green Building Initiative, or a LEED-accredited professional.

539

(v)(u) One member who shall be the chair.

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541

Any person serving on the commission under paragraph (c) or

542

paragraph (h) on October 1, 2003, and who has served less than

543

two full terms is eligible for reappointment to the commission

544

regardless of whether he or she meets the new qualification.

545

Section 4. Part IX of chapter 553, Florida Statutes,

546

consisting of sections 553.9991, 553.9993, and 553.9995, is

547

created to read:

548

PART IX

549

FLORIDA GREEN BUILDING CONSTRUCTION

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553.9991 Florida Green Building Act.--

551

(1) SHORT TITLE.--This part may be cited as the "Florida

552

Green Building Act."

553

(2) LEGISLATIVE FINDINGS; DECLARATION.--

554

(a) The Legislature finds that:

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1. Energy costs are increasing.

556

2. Energy used in buildings contributes substantially to

557

the problems of pollution and global warming.

558

3. Buildings can be built and renovated using high-

559

performance methods that reduce energy costs, preserve the

560

environment, and enhance quality of life.

561

4. Green building development addresses and minimizes

562

numerous adverse impacts upon the health, safety, and welfare of

563

social, natural, and built environments.

564

5. Green development will optimize the energy performance

565

of buildings throughout the state, improve environmental quality

566

in the state, protect and restore the state's natural resources

567

by avoiding development of inappropriate building sites, reduce

568

the burden on municipal water supply and treatment by reducing

569

potable water consumption, and reduce waste generation and manage

570

waste through recycling and diversion from landfill disposal.

571

(b) The Legislature declares that there is an important

572

state interest in promoting the construction of energy-efficient

573

and sustainable buildings. Government leadership is vital to

574

demonstrate the state's commitment to energy and environmental

575

conservation, saving taxpayers money, and raising public

576

awareness of conscientious development.

577

(3) DEFINITIONS.--As used in this part, the term:

578

(a) "Council" means the United States Green Building

579

Council.

580

(b) "Department" means the Department of Management

581

Services.

582

583

building rating system established by the initiative to determine

584

the level of a building's sustainability and energy efficiency

585

performance.

586

(d) "High-performance building" means a building designed

587

to achieve integrated systems design and construction so as to

588

significantly reduce or eliminate the negative impact of the

589

built environment.

590

(e) "Initiative" means the Green Building Initiative.

591

(f) "LEED" means the council's Leadership in Energy and

592

Environmental Design rating systems.

593

(g) "LEED silver standard" means the United States Green

594

Building Council's leadership in energy and environmental design

595

green building rating standard, referred to as the "silver

596

standard."

597

(h) "Major facility project" means:

598

1.a. A state-funded new construction building project under

599

which the building to be constructed is larger than 10,000 gross

600

square feet;

601

b. A state-funded renovation project that involves more

602

than 50 percent of the replacement value of an existing facility

603

or a change in occupancy; or

604

c. A state-funded commercial interior tenant fit-out

605

project that is larger than 7,500 square feet of leasable area.

606

2. The term "major facility project" does not include:

607

a. Projects for which the department, public school

608

district, or other applicable agency and the design team

609

determine the LEED silver standard or a nationally recognized

610

standard of an equivalent ranking to be not practicable; or

611

b. Transmitter buildings; pumping stations; hospitals;

612

research facilities primarily used for sponsored laboratory

613

experimentation, laboratory research, or laboratory training in

614

research methods; or other similar building types as determined

615

by the department.

616

(i) "Public agency" means every state office, officer,

617

board, commission, committee, bureau, department, and public

618

higher education institution.

619

(j) "Sustainable building" means a building that is healthy

620

and comfortable for its occupants and is economical to operate

621

while conserving resources, including energy, water, raw

622

materials, and land, and minimizing the generation of toxic

623

materials and waste in its design, construction, landscaping, and

624

operation.

625

(k) "Third-party commissioning agent" means a person

626

accredited by the council or initiative with expertise in

627

building system performance who analyzes, evaluates, and confirms

628

the proper function and performance of a high-performance

629

building and its systems, equipment, and indoor air quality. To

630

qualify as a third-party commissioning agent, a person must not

631

have participated in the original certification of the major

632

facility project or renovation project.

633

(4) MAJOR FACILITY CONSTRUCTION.--All major facility

634

projects funded with state moneys shall be constructed as a

635

sustainable building meeting the council's LEED rating system,

636

the initiative's Green Globes Rating System, or a nationally

637

recognized, high-performance green building rating system as

638

approved by the department. This section applies to all major

639

facility projects for which the architectural plans started after

640

July 1, 2008.

641

553.9993 Public buildings; educational facilities.--

642

(1) The Legislature finds that public buildings and

643

educational facilities can be built and renovated using high-

644

performance methods that save money, improve workplace and

645

classroom performance, and make workers and students more

646

productive. High-performance public buildings and educational

647

facilities are proven to increase student test scores, reduce

648

worker absenteeism, and cut energy and utility costs.

649

(2)(a) All major facility projects of public agencies

650

receiving any funding in a state capital budget, or projects

651

financed through a financing contract, must be designed,

652

constructed, and certified to at least the LEED silver standard

653

or a nationally recognized standard of an equivalent ranking.

654

This paragraph applies to major facility projects that have not

655

entered the design phase prior to the effective date of this part

656

and to the extent appropriate LEED silver standards or nationally

657

recognized standards of an equivalent ranking exist for that type

658

of building or facility.

659

(b) All major facility projects of any entity other than a

660

public agency or public school district receiving any funding in

661

a state capital budget must be designed, constructed, and

662

certified to at least the LEED silver standard or a nationally

663

recognized standard of an equivalent ranking. This paragraph

664

applies to major facility projects that have not entered the

665

grant application process prior to the effective date of this

666

part and to the extent appropriate LEED silver standards or

667

nationally recognized standards of an equivalent ranking exist

668

for that type of building or facility.

669

670

operating savings resulting from major facility projects

671

designed, constructed, and certified as required under this

672

section.

673

2. Public agencies shall report annually to the department

674

on major facility projects and operating savings.

675

(d) The department shall consolidate the reports required

676

in paragraph (c) into one report and report to the Governor, the

677

President of the Senate, and the Speaker of the House of

678

Representatives by September 1 of each even-numbered year

679

beginning in 2010 and ending in 2020. In its report, the

680

department shall also report on the implementation of this part,

681

including reasons why the LEED standard or a nationally

682

recognized standard of an equivalent ranking was not used. The

683

department shall make recommendations regarding the ongoing

684

implementation of this part, including a discussion of incentives

685

and disincentives related to implementing this part.

686

(3) A member of the design team or construction team may

687

not be held liable for the failure of a major facility project to

688

meet the LEED silver standard, or other LEED standard, or a

689

nationally recognized standard of an equivalent ranking

690

established for the project as long as a good faith attempt was

691

made to achieve the LEED or equivalent standard set for the

692

project.

693

(4) Except as provided in this section, affordable housing

694

projects funded out of the state capital budget are exempt from

695

the provisions of this part. On or before July 1, 2012, the

696

Department of Community Affairs shall identify, implement, and

697

apply a sustainable building program for affordable housing

698

projects that receive housing trust fund funding in the state

699

capital budget. The Department of Community Affairs shall not

700

develop its own sustainable building standard, but shall work

701

with stakeholders to adopt an existing sustainable building

702

standard or criteria appropriate for affordable housing. Any

703

application of the program to affordable housing, including any

704

monitoring to track the performance of either sustainable

705

features or energy standards or both, is the responsibility of

706

the Department of Community Affairs. Beginning in 2013 and ending

707

in 2020, the Department of Community Affairs shall report to the

708

department as required under paragraph (2)(c).

709

(5)(a) The Office of Program Policy Analysis and Government

710

Accountability, or a successor agency, shall conduct a

711

performance review of the high-performance buildings program

712

established under this part.

713

(b) The performance audit shall include, but not be limited

714

to:

715

1. The identification of the costs of implementation of

716

high-performance building standards in the design and

717

construction of major facility projects subject to this part.

718

2. The identification of operating savings attributable to

719

the implementation of high-performance building standards,

720

including, but not limited to, savings in energy, utility, and

721

maintenance costs.

722

3. The identification of any impacts of high-performance

723

buildings standards on worker productivity and student

724

performance.

725

4. An evaluation of the effectiveness of the high-

726

performance building standards established under this part and

727

recommendations for any changes in those standards that may be

728

supported by the office's findings.

729

730

findings and recommendations on or before December 1, 2014, and a

731

final report on or before July 1, 2015.

732

553.9995 Florida Green Building Council.--

733

(1) The Florida Green Building Council is created and shall

734

be located within the Department of Community Affairs for

735

administrative purposes. The commission shall be composed of 15

736

members, consisting of:

737

(a) The Secretary of Community Affairs or the secretary's

738

designee.

739

(b) The Secretary of Management Services or the secretary's

740

designee.

741

742

Officer's designee.

743

(d) The Secretary of Environmental Protection or the

744

secretary's designee.

745

(e) The Commissioner of Agriculture or the commissioner's

746

designee.

747

(f) The Secretary of Transportation or the secretary's

748

designee.

749

(g) The Commissioner of Education or the commissioner's

750

designee.

751

(h) The Chancellor of the State University System or the

752

chancellor's designee.

753

(i) Seven members who shall be appointed by the Governor to

754

represent environmental, business, and citizen interests, at

755

least one of whom shall have expertise in energy conservation or

756

green building design standards. The terms of members appointed

757

by the Governor shall be 2 years. The terms of appointed members

758

shall be staggered. At the end of a term, a member shall serve

759

until his or her successor is appointed and qualifies. A member

760

who is appointed after a term has begun shall serve only for the

761

remainder of that term and until a successor is appointed and

762

qualifies.

763

(2) The Governor shall appoint a chair from among the

764

council's membership and the chair shall serve at the pleasure of

765

the Governor.

766

(3) The council may act with an affirmative vote of eight

767

members.

768

(4) Any member who, during his or her term, ceases to meet

769

the qualifications for original appointment shall forfeit

770

membership on the council.

771

(5) Members of the council shall serve without compensation

772

but shall be entitled to reimbursement for per diem and travel

773

expenses as provided by s. 112.061.

774

(6) Each appointed member is accountable to the Governor

775

for the proper performance of the duties of the office. The

776

Governor shall cause to be investigated any complaint or

777

unfavorable report received concerning an action of or any member

778

of the council and shall take appropriate action upon receiving

779

the results of such investigation. The Governor may remove from

780

office any appointed member for malfeasance, misfeasance, neglect

781

of duty, incompetence, permanent inability to perform official

782

duties, or pleading guilty or nolo contendere to, or being found

783

guilty of, a felony.

784

Section 5. This act shall take effect July 1, 2008.

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