Florida Senate - 2025 SB 62 By Senator Rodriguez 40-00003B-25 202562__ 1 A bill to be entitled 2 An act relating to resilient buildings; creating s. 3 220.197, F.S.; defining the term “resilient building”; 4 specifying that owners of resilient buildings are 5 eligible to receive a specified tax credit; specifying 6 that a resilient building may qualify for such tax 7 credit only once; requiring building owners to file a 8 specified application with the Department of 9 Environmental Protection by a specified date in order 10 to claim such tax credit; authorizing the department 11 to accept such applications electronically; specifying 12 requirements for such applications; authorizing the 13 department to disclose certain data that meets 14 specified requirements; authorizing the department to 15 publish certain data; requiring the department to take 16 certain actions; requiring a building owner to attach 17 a specified letter to certain tax returns; providing 18 that a building owner may file only one application 19 with the department; providing exceptions; specifying 20 the amounts of the tax credit; authorizing a building 21 owner to carry forward the unused amount of a tax 22 credit to a subsequent tax year; authorizing the 23 transfer of all or part of the tax credits under 24 certain conditions; requiring the department to 25 rescind eligibility for the tax credit under certain 26 circumstances; requiring the Department of Revenue and 27 the Department of Environmental Protection to adopt 28 rules; creating s. 403.8053, F.S.; creating the 29 Florida Resilient Building Advisory Council adjunct to 30 the Department of Environmental Protection; providing 31 the purpose of the advisory council; requiring the 32 department to post certain policies on its website; 33 providing for the duties, membership, and meetings of 34 the advisory council; requiring the department to 35 provide the advisory council with staffing and 36 administrative assistance; providing for expiration of 37 the advisory council; amending ss. 213.053, 220.02, 38 and 220.13, F.S.; conforming provisions to changes 39 made by the act; providing an effective date. 40 41 Be It Enacted by the Legislature of the State of Florida: 42 43 Section 1. Section 220.197, Florida Statutes, is created to 44 read: 45 220.197 Resilient building tax credit program.— 46 (1) As used in this section, the term “resilient building” 47 means any of the following: 48 (a) A building that has a Leadership in Energy and 49 Environmental Design (LEED) certificate of silver, gold, or 50 platinum in building design and construction (BD+C), which 51 certificate meets the requirements for the LEED resilience 52 pathway. 53 (b) A building that has an LEED certificate of silver, 54 gold, or platinum in operations and maintenance (O+M), which 55 certificate meets the requirements for the LEED resilience 56 pathway. 57 (2) For taxable years beginning on or after January 1, 58 2026, the owner of a resilient building is eligible to receive a 59 credit against the tax imposed by this chapter as specified in 60 subsection (3). A resilient building may qualify for the tax 61 credit under this section only once. 62 (a) To claim a credit under this section, a building owner 63 must file an application for a tax credit with the Department of 64 Environmental Protection on a form prescribed by the Department 65 of Environmental Protection no later than March 1 of the year 66 immediately following the year of the building’s LEED 67 certification. The Department of Environmental Protection may 68 allow applications to be filed electronically. The building 69 owner must verify the application under oath, under the penalty 70 of perjury, and the application must contain all of the 71 following: 72 1. Documentation evidencing the type of LEED certification 73 that was granted for the building that is the subject of the 74 application. 75 2. The date on which LEED certification was granted. 76 3. A statement by the building owner that, for the purpose 77 of research, the resilient building’s energy use information 78 will be reported in every year of the 5-year credit period to 79 the Department of Environmental Protection using the ENERGY STAR 80 Portfolio Manager. The Department of Environmental Protection 81 may publish the reported energy use information but may disclose 82 such data only in the aggregate or individually without 83 identifying information. 84 4. Other information the Department of Environmental 85 Protection deems necessary to make a proper review and determine 86 eligibility. 87 (b) No later than 30 days after a building owner submits a 88 completed application for the tax credit, the Department of 89 Environmental Protection shall do one of the following: 90 1. If the building owner is not eligible for a tax credit, 91 notify the building owner in writing of the reasons the building 92 owner is not entitled to a tax credit. 93 2. If the building owner is eligible for a tax credit, 94 issue a letter to the building owner which includes the name of 95 the taxpayer, the address of the resilient building, the amount 96 of the tax credit as specified in subsection (3), and the tax 97 years for which the building owner is eligible for the tax 98 credit. The building owner must attach the letter from the 99 Department of Environmental Protection to the tax return on 100 which the credit is claimed. 101 (c) A building owner may file only one application with the 102 Department of Environmental Protection for each resilient 103 building, except that a building owner may file a subsequent 104 application if the building owner’s first application was denied 105 or withdrawn because of errors or omissions in the application 106 and the building owner corrected such errors or omissions in the 107 subsequent application. 108 (3) If the resilient building that is the subject of an 109 application filed under subsection (2) has: 110 (a) A gold or silver BD+C LEED certification that fulfills 111 the LEED resilience pathway, the building owner must receive a 112 tax credit equal to 50 cents per square foot of the building 113 every year for 5 years. 114 (b) A platinum BD+C LEED certification that fulfills the 115 LEED resilience pathway, the building owner must receive a tax 116 credit equal to $1 per square foot of the building every year 117 for 5 years. 118 (c) A gold or silver O+M LEED certification that fulfills 119 the LEED resilience pathway, the building owner must receive a 120 tax credit equal to $1 per square foot of the building every 121 year for 5 years. 122 (d) A platinum O+M LEED certification that fulfills the 123 LEED resilience pathway, the building owner must receive a tax 124 credit equal to $2 per square foot of the building every year 125 for 5 years. 126 (4)(a) If the credit granted under this section is not 127 fully used in any one taxable year because of insufficient tax 128 liability on the part of the building owner, or because the 129 building owner is not subject to tax under this chapter, the 130 unused amount may be carried forward for a period not to exceed 131 5 taxable years or may be transferred in accordance with 132 paragraph (b). The carryover or transferred credit may be used 133 in the year approved or any of the 5 subsequent taxable years 134 when the tax imposed by this chapter for that taxable year 135 exceeds the credit for which the building owner or transferee 136 under paragraph (b) is eligible in that taxable year under this 137 subsection and after applying the other credits and unused 138 carryovers in the order provided by s. 220.02(8). 139 (b)1. The credit under this section may be transferred, in 140 whole or in part: 141 a. By written agreement to a taxpayer subject to the tax 142 under this chapter; and 143 b. At any time after receipt of the letter of eligibility 144 specified in subparagraph (2)(b)2., or during the 5 taxable 145 years following the taxable year the credit was originally 146 earned by the building owner. 147 2. The written agreement required for transfer under this 148 paragraph must: 149 a. Be filed jointly by the building owner and the 150 transferee with the department within 30 days after the 151 transfer, in accordance with rules adopted by the department; 152 and 153 b. Contain all of the following information: the name, 154 address, and taxpayer identification number for the building 155 owner and the transferee; the amount of the credit being 156 transferred; the taxable year in which the credit was originally 157 earned by the building owner; and the remaining taxable years 158 for which the credit may be claimed. 159 (5) If the recipient of the credit granted under this 160 section in any year fails to provide the energy use information 161 required under subparagraph (2)(a)3., the Department of 162 Environmental Protection must rescind the authorization for the 163 credit. Within 10 days after the date on which the building 164 owner was required to report the information, the Department of 165 Environmental Protection shall send a notice informing the 166 recipient of the credit of the Department of Environmental 167 Protection’s intent to rescind the credit. If the recipient does 168 not provide the information within 20 days after the date the 169 notice was sent, the Department of Environmental Protection must 170 notify the department of the rescindment of the recipient’s tax 171 credit, and the department may not allow the credit to be taken. 172 (6) The department and the Department of Environmental 173 Protection shall adopt rules to implement this section. 174 Section 2. Section 403.8053, Florida Statutes, is created 175 to read: 176 403.8053 Florida Resilient Building Advisory Council.— 177 (1) The Florida Resilient Building Advisory Council, an 178 advisory council as defined in s. 20.03(7), is created adjunct 179 to the Department of Environmental Protection. The purpose of 180 the advisory council is to provide the department and the 181 Legislature with recommendations on policies to foster and 182 enhance resilient buildings and hurricane resiliency in this 183 state. 184 (2) The Department of Environmental Protection shall post 185 on its website any proposed policies from the advisory council. 186 (3) The advisory council shall be composed of the following 187 members, who shall serve at the pleasure of their appointing 188 authorities: 189 (a) A representative from the Florida State University, who 190 shall serve as co-chair and be appointed by the Governor. 191 (b) A representative of the Florida Gulf Coast University 192 U.A. Whitaker School of Engineering, who shall serve as co-chair 193 and be appointed by the President of the Senate. 194 (c) A representative of the University of Florida College 195 of Design, Construction, and Planning’s Sustainability and the 196 Built Environment program, who shall serve as co-chair and be 197 appointed by the Speaker of the House of Representatives. 198 (d) A representative of the University of Miami, who shall 199 be appointed by the President of the Senate. 200 (e) A representative of the University of South Florida, 201 who shall be appointed by the Speaker of the House of 202 Representatives. 203 (f) Five members appointed by the Governor. 204 (g) Five members appointed by the President of the Senate. 205 (h) Five members appointed by the Speaker of the House of 206 Representatives. 207 208 The members appointed must have specialized knowledge regarding 209 resilient building design and construction, resilient building 210 operations and maintenance, policy innovation and incentives, 211 and building and community challenges. 212 (4) When appointing members under subsection (3), the 213 Governor, the President of the Senate, and the Speaker of the 214 House of Representatives shall make reasonable efforts to 215 appoint persons to the advisory council who include the 216 following: 217 (a) Five members who are representatives of local 218 government. 219 (b) Two members who are representatives of building codes 220 and standards organizations. 221 (c) Two members who are representatives of sustainable or 222 resilient building certification organizations. 223 (d) One member who is an architect licensed in this state. 224 (e) One member who is an engineer licensed in this state. 225 (f) One member who is a representative of the commercial 226 and residential property insurance industry. 227 (g) Two members who have expertise in renewable energy and 228 energy storage systems. 229 (h) One member who has expertise in building-grid 230 integration. 231 (5) Advisory council members must be appointed no later 232 than August 1, 2025. Members shall serve 4-year terms, except 233 that the initial terms must be staggered. The Governor, the 234 President of the Senate, and the Speaker of the House of 235 Representatives shall each initially appoint three members for a 236 term of 3 years, two members for a term of 2 years, and one 237 member for a term of 1 year. Members of the advisory council 238 shall serve without compensation but are entitled to 239 reimbursement for per diem and travel expenses pursuant to s. 240 112.061. 241 (6) The advisory council shall meet at the call of the co 242 chairs at a time and location in this state designated by the 243 co-chairs, provided that the first meeting must occur no later 244 than November 1, 2025, and that subsequent meetings must occur 245 no less than semiannually thereafter. 246 (7) The department shall provide staffing and 247 administrative assistance to the advisory council in performing 248 its duties. 249 (8) This section expires June 30, 2030, unless reviewed and 250 saved from repeal through reenactment by the Legislature. 251 Section 3. Paragraph (o) of subsection (8) of section 252 213.053, Florida Statutes, is amended to read: 253 213.053 Confidentiality and information sharing.— 254 (8) Notwithstanding any other provision of this section, 255 the department may provide: 256 (o) Information relative to ss. 220.1845, 220.197, 220.199, 257 and 376.30781 to the Department of Environmental Protection in 258 the conduct of its official business. 259 260 Disclosure of information under this subsection shall be 261 pursuant to a written agreement between the executive director 262 and the agency. Such agencies, governmental or nongovernmental, 263 shall be bound by the same requirements of confidentiality as 264 the Department of Revenue. Breach of confidentiality is a 265 misdemeanor of the first degree, punishable as provided by s. 266 775.082 or s. 775.083. 267 Section 4. Subsection (8) of section 220.02, Florida 268 Statutes, is amended to read: 269 220.02 Legislative intent.— 270 (8) It is the intent of the Legislature that credits 271 against either the corporate income tax or the franchise tax be 272 applied in the following order: those enumerated in s. 631.828, 273 those enumerated in s. 220.191, those enumerated in s. 220.181, 274 those enumerated in s. 220.183, those enumerated in s. 220.182, 275 those enumerated in s. 220.1895, those enumerated in s. 220.195, 276 those enumerated in s. 220.184, those enumerated in s. 220.186, 277 those enumerated in s. 220.1845, those enumerated in s. 220.19, 278 those enumerated in s. 220.185, those enumerated in s. 220.1875, 279 those enumerated in s. 220.1876, those enumerated in s. 280 220.1877, those enumerated in s. 220.1878, those enumerated in 281 s. 220.193, those enumerated in former s. 288.9916, those 282 enumerated in former s. 220.1899, those enumerated in former s. 283 220.194, those enumerated in s. 220.196, those enumerated in s. 284 220.198, those enumerated in s. 220.1915, those enumerated in s. 285 220.199, those enumerated in s. 220.1991,andthose enumerated 286 in s. 220.1992, and those enumerated in s. 220.197. 287 Section 5. Paragraph (a) of subsection (1) of section 288 220.13, Florida Statutes, is amended to read: 289 220.13 “Adjusted federal income” defined.— 290 (1) The term “adjusted federal income” means an amount 291 equal to the taxpayer’s taxable income as defined in subsection 292 (2), or such taxable income of more than one taxpayer as 293 provided in s. 220.131, for the taxable year, adjusted as 294 follows: 295 (a) Additions.—There shall be added to such taxable income: 296 1.a. The amount of any tax upon or measured by income, 297 excluding taxes based on gross receipts or revenues, paid or 298 accrued as a liability to the District of Columbia or any state 299 of the United States which is deductible from gross income in 300 the computation of taxable income for the taxable year. 301 b. Notwithstanding sub-subparagraph a., if a credit taken 302 under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is 303 added to taxable income in a previous taxable year under 304 subparagraph 11. and is taken as a deduction for federal tax 305 purposes in the current taxable year, the amount of the 306 deduction allowed shall not be added to taxable income in the 307 current year. The exception in this sub-subparagraph is intended 308 to ensure that the credit under s. 220.1875, s. 220.1876, s. 309 220.1877, or s. 220.1878 is added in the applicable taxable year 310 and does not result in a duplicate addition in a subsequent 311 year. 312 2. The amount of interest which is excluded from taxable 313 income under s. 103(a) of the Internal Revenue Code or any other 314 federal law, less the associated expenses disallowed in the 315 computation of taxable income under s. 265 of the Internal 316 Revenue Code or any other law, excluding 60 percent of any 317 amounts included in alternative minimum taxable income, as 318 defined in s. 55(b)(2) of the Internal Revenue Code, if the 319 taxpayer pays tax under s. 220.11(3). 320 3. In the case of a regulated investment company or real 321 estate investment trust, an amount equal to the excess of the 322 net long-term capital gain for the taxable year over the amount 323 of the capital gain dividends attributable to the taxable year. 324 4. That portion of the wages or salaries paid or incurred 325 for the taxable year which is equal to the amount of the credit 326 allowable for the taxable year under s. 220.181. This 327 subparagraph shall expire on the date specified in s. 290.016 328 for the expiration of the Florida Enterprise Zone Act. 329 5. That portion of the ad valorem school taxes paid or 330 incurred for the taxable year which is equal to the amount of 331 the credit allowable for the taxable year under s. 220.182. This 332 subparagraph shall expire on the date specified in s. 290.016 333 for the expiration of the Florida Enterprise Zone Act. 334 6. The amount taken as a credit under s. 220.195 which is 335 deductible from gross income in the computation of taxable 336 income for the taxable year. 337 7. That portion of assessments to fund a guaranty 338 association incurred for the taxable year which is equal to the 339 amount of the credit allowable for the taxable year. 340 8. In the case of a nonprofit corporation which holds a 341 pari-mutuel permit and which is exempt from federal income tax 342 as a farmers’ cooperative, an amount equal to the excess of the 343 gross income attributable to the pari-mutuel operations over the 344 attributable expenses for the taxable year. 345 9. The amount taken as a credit for the taxable year under 346 s. 220.1895. 347 10. Up to nine percent of the eligible basis of any 348 designated project which is equal to the credit allowable for 349 the taxable year under s. 220.185. 350 11. Any amount taken as a credit for the taxable year under 351 s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The 352 addition in this subparagraph is intended to ensure that the 353 same amount is not allowed for the tax purposes of this state as 354 both a deduction from income and a credit against the tax. This 355 addition is not intended to result in adding the same expense 356 back to income more than once. 357 12. The amount taken as a credit for the taxable year under 358 s. 220.193. 359 13. The amount taken as a credit for the taxable year under 360 s. 220.196. The addition in this subparagraph is intended to 361 ensure that the same amount is not allowed for the tax purposes 362 of this state as both a deduction from income and a credit 363 against the tax. The addition is not intended to result in 364 adding the same expense back to income more than once. 365 14. The amount taken as a credit for the taxable year 366 pursuant to s. 220.198. 367 15. The amount taken as a credit for the taxable year 368 pursuant to s. 220.1915. 369 16. The amount taken as a credit for the taxable year 370 pursuant to s. 220.199. 371 17. The amount taken as a credit for the taxable year 372 pursuant to s. 220.1991. 373 18. The amount taken as a credit for the taxable year 374 pursuant to s. 220.197. 375 Section 6. This act shall take effect July 1, 2025.