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         553.972Florida 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, and those 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.