Florida Senate - 2025 CS for SB 62 By the Committee on Environment and Natural Resources; and Senator Rodriguez 592-01942A-25 202562c1 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 Business 9 and Professional Regulation by a specified date in 10 order to claim such tax credit; authorizing the 11 department to accept such applications electronically; 12 specifying requirements for such applications; 13 authorizing the department to disclose certain data 14 that meets specified requirements; authorizing the 15 department to publish certain data; requiring the 16 department to take certain actions; requiring a 17 building owner to attach a specified letter to certain 18 tax returns; providing that a building owner may file 19 only one application with the department; providing 20 exceptions; specifying the amounts of the tax credit; 21 authorizing a building owner to carry forward the 22 unused amount of a tax credit to a subsequent tax 23 year; authorizing the transfer of all or part of the 24 tax credits under certain conditions; requiring the 25 department to rescind eligibility for the tax credit 26 under certain circumstances; requiring the Department 27 of Revenue and the Department of Business and 28 Professional Regulation to adopt rules; creating s. 29 553.972, F.S.; creating the Florida Resilient Building 30 Advisory Council adjunct to the Department of Business 31 and Professional Regulation; providing the purpose of 32 the advisory council; requiring the department to post 33 certain policies on its website; providing for the 34 duties, membership, and meetings of the advisory 35 council; requiring the department to provide the 36 advisory council with staffing and administrative 37 assistance; providing for expiration of the advisory 38 council; amending ss. 213.053, 220.02, and 220.13, 39 F.S.; conforming provisions to changes made by the 40 act; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 220.197, Florida Statutes, is created to 45 read: 46 220.197 Resilient building tax credit program.— 47 (1) As used in this section, the term “resilient building” 48 means any of the following: 49 (a) A building that has a Leadership in Energy and 50 Environmental Design (LEED) certificate of silver, gold, or 51 platinum in building design and construction (BD+C), which 52 certificate meets the requirements for the LEED resilience 53 pathway. 54 (b) A building that has an LEED certificate of silver, 55 gold, or platinum in operations and maintenance (O+M), which 56 certificate meets the requirements for the LEED resilience 57 pathway. 58 (2) For taxable years beginning on or after January 1, 59 2026, the owner of a resilient building is eligible to receive a 60 credit against the tax imposed by this chapter as specified in 61 subsection (3). A resilient building may qualify for the tax 62 credit under this section only once. 63 (a) To claim a credit under this section, a building owner 64 must file an application for a tax credit with the Department of 65 Business and Professional Regulation on a form prescribed by the 66 Department of Business and Professional Regulation no later than 67 March 1 of the year immediately following the year of the 68 building’s LEED certification. The Department of Business and 69 Professional Regulation may allow applications to be filed 70 electronically. The building owner must verify the application 71 under oath, under the penalty of perjury, and the application 72 must contain all of the following: 73 1. Documentation evidencing the type of LEED certification 74 that was granted for the building that is the subject of the 75 application. 76 2. The date on which LEED certification was granted. 77 3. A statement by the building owner that, for the purpose 78 of research, the resilient building’s energy use information 79 will be reported in every year of the 5-year credit period to 80 the Department of Business and Professional Regulation using the 81 ENERGY STAR Portfolio Manager. The Department of Business and 82 Professional Regulation may publish the reported energy use 83 information but may disclose such data only in the aggregate or 84 individually without identifying information. 85 4. Other information the Department of Business and 86 Professional Regulation deems necessary to make a proper review 87 and determine eligibility. 88 (b) No later than 30 days after a building owner submits a 89 completed application for the tax credit, the Department of 90 Business and Professional Regulation shall do one of the 91 following: 92 1. If the building owner is not eligible for a tax credit, 93 notify the building owner in writing of the reasons the building 94 owner is not entitled to a tax credit. 95 2. If the building owner is eligible for a tax credit, 96 issue a letter to the building owner which includes the name of 97 the taxpayer, the address of the resilient building, the amount 98 of the tax credit as specified in subsection (3), and the tax 99 years for which the building owner is eligible for the tax 100 credit. The building owner must attach the letter from the 101 Department of Business and Professional Regulation to the tax 102 return on which the credit is claimed. 103 (c) A building owner may file only one application with the 104 Department of Business and Professional Regulation for each 105 resilient building, except that a building owner may file a 106 subsequent application if the building owner’s first application 107 was denied or withdrawn because of errors or omissions in the 108 application and the building owner corrected such errors or 109 omissions in the subsequent application. 110 (3) If the resilient building that is the subject of an 111 application filed under subsection (2) has: 112 (a) A gold or silver BD+C LEED certification that fulfills 113 the LEED resilience pathway, the building owner must receive a 114 tax credit equal to $0.50 per square foot of the building every 115 year for 5 years. 116 (b) A platinum BD+C LEED certification that fulfills the 117 LEED resilience pathway, the building owner must receive a tax 118 credit equal to $1 per square foot of the building every year 119 for 5 years. 120 (c) A gold or silver O+M LEED certification that fulfills 121 the LEED resilience pathway, the building owner must receive a 122 tax credit equal to $1 per square foot of the building every 123 year for 5 years. 124 (d) A platinum O+M LEED certification that fulfills the 125 LEED resilience pathway, the building owner must receive a tax 126 credit equal to $2 per square foot of the building every year 127 for 5 years. 128 (4)(a) If the credit granted under this section is not 129 fully used in any one taxable year because of insufficient tax 130 liability on the part of the building owner, or because the 131 building owner is not subject to tax under this chapter, the 132 unused amount may be carried forward for a period not to exceed 133 5 taxable years or may be transferred in accordance with 134 paragraph (b). The carryover or transferred credit may be used 135 in the year approved or any of the 5 subsequent taxable years 136 when the tax imposed by this chapter for that taxable year 137 exceeds the credit for which the building owner or transferee 138 under paragraph (b) is eligible in that taxable year under this 139 subsection and after applying the other credits and unused 140 carryovers in the order provided by s. 220.02(8). 141 (b)1. The credit under this section may be transferred, in 142 whole or in part: 143 a. By written agreement to a taxpayer subject to the tax 144 under this chapter; and 145 b. At any time after receipt of the letter of eligibility 146 specified in subparagraph (2)(b)2., or during the 5 taxable 147 years following the taxable year the credit was originally 148 earned by the building owner. 149 2. The written agreement required for transfer under this 150 paragraph must: 151 a. Be filed jointly by the building owner and the 152 transferee with the department within 30 days after the 153 transfer, in accordance with rules adopted by the department; 154 and 155 b. Contain all of the following information: the name, 156 address, and taxpayer identification number for the building 157 owner and the transferee; the amount of the credit being 158 transferred; the taxable year in which the credit was originally 159 earned by the building owner; and the remaining taxable years 160 for which the credit may be claimed. 161 (5) If the recipient of the credit granted under this 162 section in any year fails to provide the energy use information 163 required under subparagraph (2)(a)3., the Department of Business 164 and Professional Regulation must rescind the authorization for 165 the credit. Within 10 days after the date on which the building 166 owner was required to report the information, the Department of 167 Business and Professional Regulation shall send a notice 168 informing the recipient of the credit of the Department of 169 Business and Professional Regulation’s intent to rescind the 170 credit. If the recipient does not provide the information within 171 20 days after the date the notice was sent, the Department of 172 Business and Professional Regulation must notify the department 173 of the rescindment of the recipient’s tax credit, and the 174 department may not allow the credit to be taken. 175 (6) The department and the Department of Business and 176 Professional Regulation shall adopt rules to implement this 177 section. 178 Section 2. Section 553.972, Florida Statutes, is created to 179 read: 180 553.972 Florida Resilient Building Advisory Council.— 181 (1) The Florida Resilient Building Advisory Council, an 182 advisory council as defined in s. 20.03(7), is created adjunct 183 to the Department of Business and Professional Regulation. The 184 purpose of the advisory council is to provide the department and 185 the Legislature with recommendations on policies to foster and 186 enhance resilient buildings and hurricane resiliency in this 187 state. 188 (2) The Department of Business and Professional Regulation 189 shall post on its website any proposed policies from the 190 advisory council. 191 (3) The advisory council shall be composed of the following 192 members, who shall serve at the pleasure of their appointing 193 authorities: 194 (a) A representative of the Florida State University, who 195 shall serve as co-chair and be appointed by the Governor. 196 (b) A representative of the Florida Gulf Coast University 197 U.A. Whitaker School of Engineering, who shall serve as co-chair 198 and be appointed by the President of the Senate. 199 (c) A representative of the University of Florida College 200 of Design, Construction, and Planning’s Sustainability and the 201 Built Environment program, who shall serve as co-chair and be 202 appointed by the Speaker of the House of Representatives. 203 (d) A representative of the University of Miami, who shall 204 be appointed by the President of the Senate. 205 (e) A representative of the University of South Florida, 206 who shall be appointed by the Speaker of the House of 207 Representatives. 208 (f) A representative of the Florida International 209 University International Hurricane Research Center, who shall be 210 appointed by the President of the Senate. 211 (g) A representative of the University of Central Florida, 212 who shall be appointed by the Speaker of the House of 213 Representatives. 214 (h) Five members appointed by the Governor. 215 (i) Five members appointed by the President of the Senate. 216 (j) Five members appointed by the Speaker of the House of 217 Representatives. 218 219 The members appointed must have specialized knowledge regarding 220 resilient building design and construction, resilient building 221 operations and maintenance, policy innovation and incentives, 222 and building and community challenges. 223 (4) When appointing members under paragraphs (3)(h), (i), 224 and (j), the Governor, the President of the Senate, and the 225 Speaker of the House of Representatives, respectively, shall 226 make reasonable efforts to appoint persons to the advisory 227 council who include the following: 228 (a) Five members who are representatives of local 229 government. 230 (b) Two members who are representatives of building codes 231 and standards organizations. 232 (c) Two members who are representatives of sustainable or 233 resilient building certification organizations. 234 (d) One member who is an architect licensed in this state. 235 (e) One member who is an engineer licensed in this state. 236 (f) One member who is a representative of the commercial 237 and residential property insurance industry. 238 (g) Two members who have expertise in renewable energy and 239 energy storage systems. 240 (h) One member who has expertise in building-grid 241 integration. 242 (5) Advisory council members must be appointed no later 243 than August 1, 2025. Members shall serve 4-year terms, except 244 that the initial terms must be staggered. The Governor shall 245 initially appoint two members for a term of 4 years, two members 246 for a term of 3 years, and two members for a term of 2 years. 247 The President of the Senate shall initially appoint three 248 members for a term of 4 years, three members for a term of 3 249 years, and two members for a term of 2 years. The Speaker of the 250 House of Representatives shall initially appoint three members 251 for a term of 4 years, two members for a term of 3 years, and 252 two members for a term of 2 years. Members of the advisory 253 council shall serve without compensation but are entitled to 254 reimbursement for per diem and travel expenses pursuant to s. 255 112.061. 256 (6) The advisory council shall meet at the call of the co 257 chairs at a time and location in this state designated by the 258 co-chairs, provided that the first meeting must occur no later 259 than November 1, 2025, and that subsequent meetings must occur 260 no less than semiannually thereafter. 261 (7) The department shall provide staffing and 262 administrative assistance to the advisory council in performing 263 its duties. 264 (8) In accordance with s. 20.052(8), this section is 265 repealed October 2, 2028, unless reviewed and saved from repeal 266 through reenactment by the Legislature. 267 Section 3. Paragraph (cc) is added to subsection (8) of 268 section 213.053, Florida Statutes, is amended to read: 269 213.053 Confidentiality and information sharing.— 270 (8) Notwithstanding any other provision of this section, 271 the department may provide: 272 (cc) Information relative to s. 220.197 to the Department 273 of Business and Professional Regulation in the conduct of its 274 official business. 275 276 Disclosure of information under this subsection shall be 277 pursuant to a written agreement between the executive director 278 and the agency. Such agencies, governmental or nongovernmental, 279 shall be bound by the same requirements of confidentiality as 280 the Department of Revenue. Breach of confidentiality is a 281 misdemeanor of the first degree, punishable as provided by s. 282 775.082 or s. 775.083. 283 Section 4. Subsection (8) of section 220.02, Florida 284 Statutes, is amended to read: 285 220.02 Legislative intent.— 286 (8) It is the intent of the Legislature that credits 287 against either the corporate income tax or the franchise tax be 288 applied in the following order: those enumerated in s. 631.828, 289 those enumerated in s. 220.191, those enumerated in s. 220.181, 290 those enumerated in s. 220.183, those enumerated in s. 220.182, 291 those enumerated in s. 220.1895, those enumerated in s. 220.195, 292 those enumerated in s. 220.184, those enumerated in s. 220.186, 293 those enumerated in s. 220.1845, those enumerated in s. 220.19, 294 those enumerated in s. 220.185, those enumerated in s. 220.1875, 295 those enumerated in s. 220.1876, those enumerated in s. 296 220.1877, those enumerated in s. 220.1878, those enumerated in 297 s. 220.193, those enumerated in former s. 288.9916, those 298 enumerated in former s. 220.1899, those enumerated in former s. 299 220.194, those enumerated in s. 220.196, those enumerated in s. 300 220.198, those enumerated in s. 220.1915, those enumerated in s. 301 220.199, those enumerated in s. 220.1991,andthose enumerated 302 in s. 220.1992, and those enumerated in s. 220.197. 303 Section 5. Paragraph (a) of subsection (1) of section 304 220.13, Florida Statutes, is amended to read: 305 220.13 “Adjusted federal income” defined.— 306 (1) The term “adjusted federal income” means an amount 307 equal to the taxpayer’s taxable income as defined in subsection 308 (2), or such taxable income of more than one taxpayer as 309 provided in s. 220.131, for the taxable year, adjusted as 310 follows: 311 (a) Additions.—There shall be added to such taxable income: 312 1.a. The amount of any tax upon or measured by income, 313 excluding taxes based on gross receipts or revenues, paid or 314 accrued as a liability to the District of Columbia or any state 315 of the United States which is deductible from gross income in 316 the computation of taxable income for the taxable year. 317 b. Notwithstanding sub-subparagraph a., if a credit taken 318 under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is 319 added to taxable income in a previous taxable year under 320 subparagraph 11. and is taken as a deduction for federal tax 321 purposes in the current taxable year, the amount of the 322 deduction allowed shall not be added to taxable income in the 323 current year. The exception in this sub-subparagraph is intended 324 to ensure that the credit under s. 220.1875, s. 220.1876, s. 325 220.1877, or s. 220.1878 is added in the applicable taxable year 326 and does not result in a duplicate addition in a subsequent 327 year. 328 2. The amount of interest which is excluded from taxable 329 income under s. 103(a) of the Internal Revenue Code or any other 330 federal law, less the associated expenses disallowed in the 331 computation of taxable income under s. 265 of the Internal 332 Revenue Code or any other law, excluding 60 percent of any 333 amounts included in alternative minimum taxable income, as 334 defined in s. 55(b)(2) of the Internal Revenue Code, if the 335 taxpayer pays tax under s. 220.11(3). 336 3. In the case of a regulated investment company or real 337 estate investment trust, an amount equal to the excess of the 338 net long-term capital gain for the taxable year over the amount 339 of the capital gain dividends attributable to the taxable year. 340 4. That portion of the wages or salaries paid or incurred 341 for the taxable year which is equal to the amount of the credit 342 allowable for the taxable year under s. 220.181. This 343 subparagraph shall expire on the date specified in s. 290.016 344 for the expiration of the Florida Enterprise Zone Act. 345 5. That portion of the ad valorem school taxes paid or 346 incurred for the taxable year which is equal to the amount of 347 the credit allowable for the taxable year under s. 220.182. This 348 subparagraph shall expire on the date specified in s. 290.016 349 for the expiration of the Florida Enterprise Zone Act. 350 6. The amount taken as a credit under s. 220.195 which is 351 deductible from gross income in the computation of taxable 352 income for the taxable year. 353 7. That portion of assessments to fund a guaranty 354 association incurred for the taxable year which is equal to the 355 amount of the credit allowable for the taxable year. 356 8. In the case of a nonprofit corporation which holds a 357 pari-mutuel permit and which is exempt from federal income tax 358 as a farmers’ cooperative, an amount equal to the excess of the 359 gross income attributable to the pari-mutuel operations over the 360 attributable expenses for the taxable year. 361 9. The amount taken as a credit for the taxable year under 362 s. 220.1895. 363 10. Up to nine percent of the eligible basis of any 364 designated project which is equal to the credit allowable for 365 the taxable year under s. 220.185. 366 11. Any amount taken as a credit for the taxable year under 367 s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The 368 addition in this subparagraph is intended to ensure that the 369 same amount is not allowed for the tax purposes of this state as 370 both a deduction from income and a credit against the tax. This 371 addition is not intended to result in adding the same expense 372 back to income more than once. 373 12. The amount taken as a credit for the taxable year under 374 s. 220.193. 375 13. The amount taken as a credit for the taxable year under 376 s. 220.196. The addition in this subparagraph is intended to 377 ensure that the same amount is not allowed for the tax purposes 378 of this state as both a deduction from income and a credit 379 against the tax. The addition is not intended to result in 380 adding the same expense back to income more than once. 381 14. The amount taken as a credit for the taxable year 382 pursuant to s. 220.198. 383 15. The amount taken as a credit for the taxable year 384 pursuant to s. 220.1915. 385 16. The amount taken as a credit for the taxable year 386 pursuant to s. 220.199. 387 17. The amount taken as a credit for the taxable year 388 pursuant to s. 220.1991. 389 18. The amount taken as a credit for the taxable year 390 pursuant to s. 220.197. 391 Section 6. This act shall take effect July 1, 2025.