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         403.8053Florida 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, and those 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.