Florida Senate - 2026 SB 992
By Senator Rodriguez
40-00232A-26 2026992__
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 publish certain data in
14 a specified manner; requiring the department to take
15 certain actions; requiring a building owner to attach
16 a specified letter to certain tax returns; providing
17 that a building owner may file only one application
18 with the department for each resilient building;
19 providing exceptions; specifying the amounts of the
20 tax credit; authorizing a building owner to carry
21 forward the unused amount of a tax credit to a
22 subsequent tax year; authorizing the transfer of all
23 or part of the tax credits under certain conditions;
24 specifying requirements for transfer agreements;
25 requiring the department to rescind eligibility for
26 the tax credit under certain circumstances;
27 prohibiting the department from authorizing tax
28 credits that exceed a certain amount; requiring the
29 department to authorize tax credits in a specified
30 manner; requiring the department to defer remaining
31 eligible applications; requiring the Department of
32 Revenue and the Department of Business and
33 Professional Regulation to adopt rules; creating s.
34 553.972, F.S.; creating the Florida Resilient Building
35 Advisory Council adjunct to the Department of Business
36 and Professional Regulation; providing the purpose of
37 the advisory council; requiring the department to post
38 certain policies on its website; providing for the
39 membership and meetings of the advisory council;
40 requiring the department to provide the advisory
41 council with staffing and administrative assistance;
42 providing for expiration of the advisory council;
43 amending ss. 213.053, 220.02, and 220.13, F.S.;
44 conforming provisions to changes made by the act;
45 providing an effective date.
46
47 Be It Enacted by the Legislature of the State of Florida:
48
49 Section 1. Section 220.197, Florida Statutes, is created to
50 read:
51 220.197 Resilient building tax credit program.—
52 (1) As used in this section, the term “resilient building”
53 means any of the following:
54 (a) A building that has a Leadership in Energy and
55 Environmental Design (LEED) certificate of silver, gold, or
56 platinum in building design and construction (BD+C), which
57 certificate meets the requirements for the LEED resilience
58 pathway.
59 (b) A building that has a LEED certificate of silver, gold,
60 or platinum in operations and maintenance (O+M), which
61 certificate meets the requirements for the LEED resilience
62 pathway.
63 (2) For taxable years beginning on or after January 1,
64 2027, the owner of a resilient building is eligible to receive a
65 credit against the tax imposed by this chapter as specified in
66 subsection (3). A resilient building may qualify for the tax
67 credit under this section only once.
68 (a) To claim a credit under this section, a building owner
69 must file an application for a tax credit with the Department of
70 Business and Professional Regulation on a form prescribed by the
71 Department of Business and Professional Regulation no later than
72 March 1 of the year immediately following the year of the
73 building’s LEED certification. The Department of Business and
74 Professional Regulation may allow applications to be filed
75 electronically. The building owner must verify the application
76 under oath, under the penalty of perjury, and the application
77 must contain all of the following:
78 1. Documentation evidencing the type of LEED certification
79 that was granted for the building that is the subject of the
80 application.
81 2. The date on which LEED certification was granted.
82 3. A statement by the building owner that, for the purpose
83 of research, the resilient building’s energy use information
84 will be reported every year of the 5-year credit period to the
85 Department of Business and Professional Regulation using the
86 ENERGY STAR Portfolio Manager. The Department of Business and
87 Professional Regulation may publish the reported energy use
88 information but may disclose such data only in the aggregate or
89 individually without identifying information.
90 4. Other information the Department of Business and
91 Professional Regulation deems necessary to make a proper review
92 and determine eligibility.
93 (b) No later than 30 days after a building owner submits a
94 completed application for the tax credit, the Department of
95 Business and Professional Regulation shall do one of the
96 following:
97 1. If the building owner is not eligible for a tax credit,
98 notify the building owner in writing of the reasons the building
99 owner is not entitled to a tax credit.
100 2. If the building owner is eligible for a tax credit,
101 issue a letter to the building owner which includes the name of
102 the taxpayer, the address of the resilient building, the amount
103 of the tax credit as specified in subsection (3), and the tax
104 years for which the building owner is eligible for the tax
105 credit. The building owner must attach the letter from the
106 Department of Business and Professional Regulation to the tax
107 return on which the credit is claimed.
108 (c) A building owner may file only one application with the
109 Department of Business and Professional Regulation for each
110 resilient building, except that a building owner may file a
111 subsequent application if the building owner’s first application
112 was denied or withdrawn because of errors or omissions in the
113 application and the building owner corrected such errors or
114 omissions in the subsequent application.
115 (3) If the resilient building that is the subject of an
116 application filed under subsection (2) has:
117 (a) A gold or silver BD+C LEED certification that fulfills
118 the LEED resilience pathway, the building owner may receive a
119 tax credit equal to 50 cents per square foot of the building
120 every year for 5 years.
121 (b) A platinum BD+C LEED certification that fulfills the
122 LEED resilience pathway, the building owner may receive a tax
123 credit equal to $1 per square foot of the building every year
124 for 5 years.
125 (c) A gold or silver O+M LEED certification that fulfills
126 the LEED resilience pathway, the building owner may receive a
127 tax credit equal to $1 per square foot of the building every
128 year for 5 years.
129 (d) A platinum O+M LEED certification that fulfills the
130 LEED resilience pathway, the building owner may receive a tax
131 credit equal to $2 per square foot of the building every year
132 for 5 years.
133 (4)(a) If the credit granted under this section is not
134 fully used in any one taxable year because of insufficient tax
135 liability on the part of the building owner, or because the
136 building owner is not subject to tax under this chapter, the
137 unused amount may be carried forward for a period not to exceed
138 5 taxable years or may be transferred in accordance with
139 paragraph (b). The carryover or transferred credit may be used
140 in the year approved or any of the 5 subsequent taxable years
141 when the tax imposed by this chapter for that taxable year
142 exceeds the credit for which the building owner or transferee
143 under paragraph (b) is eligible in that taxable year under this
144 subsection and after applying the other credits and unused
145 carryovers in the order provided by s. 220.02(8).
146 (b)1. The credit under this section may be transferred, in
147 whole or in part:
148 a. By written agreement to a taxpayer subject to the tax
149 under this chapter; and
150 b. At any time after receipt of the letter of eligibility
151 specified in subparagraph (2)(b)2., or during the 5 taxable
152 years following the taxable year the credit was originally
153 earned by the building owner.
154 2. The written agreement required for transfer under this
155 paragraph must:
156 a. Be filed jointly by the building owner and the
157 transferee with the department within 30 days after the
158 transfer, in accordance with rules adopted by the department;
159 and
160 b. Contain all of the following information:
161 (I) The name, address, and taxpayer identification number
162 for the building owner and the transferee.
163 (II) The amount of the credit being transferred.
164 (III) The taxable year in which the credit was originally
165 earned by the building owner.
166 (IV) The remaining taxable years for which the credit may
167 be claimed.
168 (5) If the recipient of the credit granted under this
169 section in any year fails to provide the energy use information
170 required under subparagraph (2)(a)3., the Department of Business
171 and Professional Regulation must rescind the authorization for
172 the credit. Within 10 days after the date on which the building
173 owner was required to report the information, the Department of
174 Business and Professional Regulation shall send a notice
175 informing the recipient of the credit of the Department of
176 Business and Professional Regulation’s intent to rescind the
177 credit. If the recipient does not provide the information within
178 20 days after the date the notice is sent, the Department of
179 Business and Professional Regulation must notify the department
180 of the rescindment of the recipient’s tax credit, and the
181 department may not allow the credit to be taken.
182 (6) The Department of Business and Professional Regulation
183 may not authorize tax credits under this section which exceed
184 $50 million in any taxable year and shall authorize tax credits
185 on a first-come, first-served basis. The department must defer
186 any remaining eligible applications for consideration in the
187 next taxable year.
188 (7) The department and the Department of Business and
189 Professional Regulation shall adopt rules to implement this
190 section.
191 Section 2. Section 553.972, Florida Statutes, is created to
192 read:
193 553.972 Florida Resilient Building Advisory Council.—
194 (1) The Florida Resilient Building Advisory Council, an
195 advisory council as defined in s. 20.03(7), is created adjunct
196 to the department. The purpose of the advisory council is to do
197 all of the following:
198 (a) Provide the department and the Legislature with
199 recommendations on policies to foster and enhance resilient
200 buildings and hurricane resiliency in this state.
201 (b) Beginning in 2032 and every 4 years thereafter, review
202 the implementation of s. 220.197 to evaluate its effectiveness
203 in promoting resilient building practices in this state and
204 provide recommendations to the department and the Legislature
205 regarding any needed statutory or administrative changes.
206 (2) The department shall post on its website any proposed
207 policies from the advisory council.
208 (3) The advisory council shall be composed of the following
209 members, who shall serve at the pleasure of their appointing
210 authorities:
211 (a) A representative of the Florida State University, who
212 shall serve as co-chair and be appointed by the Governor.
213 (b) A representative of the Florida Gulf Coast University
214 U.A. Whitaker College of Engineering, who shall serve as co
215 chair and be appointed by the President of the Senate.
216 (c) A representative of the University of Florida College
217 of Design, Construction, and Planning’s Sustainability and the
218 Built Environment program, who shall serve as co-chair and be
219 appointed by the Speaker of the House of Representatives.
220 (d) A representative of the University of Miami, who shall
221 be appointed by the President of the Senate.
222 (e) A representative of the University of South Florida,
223 who shall be appointed by the Speaker of the House of
224 Representatives.
225 (f) A representative of the Florida International
226 University International Hurricane Research Center, who shall be
227 appointed by the President of the Senate.
228 (g) A representative of the University of Central Florida,
229 who shall be appointed by the Speaker of the House of
230 Representatives.
231 (h) Five additional members appointed by the Governor.
232 (i) Five additional members appointed by the President of
233 the Senate.
234 (j) Five additional members appointed by the Speaker of the
235 House of Representatives.
236
237 The members appointed must have specialized knowledge regarding
238 resilient building design and construction, resilient building
239 operations and maintenance, policy innovation and incentives,
240 and building and community challenges.
241 (4) When appointing members under paragraphs (3)(h), (i),
242 and (j), the Governor, the President of the Senate, and the
243 Speaker of the House of Representatives, respectively, shall
244 make reasonable efforts to appoint persons to the advisory
245 council who include the following:
246 (a) Five members who are representatives of local
247 government.
248 (b) Two members who are representatives of building codes
249 and standards organizations.
250 (c) Two members who are representatives of sustainable or
251 resilient building certification organizations.
252 (d) One member who is an architect licensed in this state.
253 (e) One member who is an engineer licensed in this state.
254 (f) One member who is a representative of the commercial
255 and residential property insurance industry.
256 (g) Two members who have expertise in renewable energy and
257 energy storage systems.
258 (h) One member who has expertise in building-power grid
259 integration.
260 (5) Advisory council members must be appointed no later
261 than August 1, 2026. Members shall serve 4-year terms, except
262 that the initial terms must be staggered. The Governor shall
263 initially appoint two members for a term of 4 years, two members
264 for a term of 3 years, and two members for a term of 2 years.
265 The President of the Senate shall initially appoint three
266 members for a term of 4 years, three members for a term of 3
267 years, and two members for a term of 2 years. The Speaker of the
268 House of Representatives shall initially appoint three members
269 for a term of 4 years, two members for a term of 3 years, and
270 two members for a term of 2 years. Members of the advisory
271 council shall serve without compensation but are entitled to
272 reimbursement for per diem and travel expenses pursuant to s.
273 112.061.
274 (6) The advisory council shall meet at the call of the co
275 chairs at a time and location in this state designated by the
276 co-chairs, provided that the first meeting must occur no later
277 than November 1, 2026, and that subsequent meetings must occur
278 no less than semiannually thereafter.
279 (7) The department shall provide staffing and
280 administrative assistance to the advisory council in performing
281 its duties.
282 (8) In accordance with s. 20.052(8), this section is
283 repealed October 2, 2029, unless reviewed and saved from repeal
284 through reenactment by the Legislature.
285 Section 3. Paragraph (cc) is added to subsection (8) of
286 section 213.053, Florida Statutes, to read:
287 213.053 Confidentiality and information sharing.—
288 (8) Notwithstanding any other provision of this section,
289 the department may provide:
290 (cc) Information related to the resilient building tax
291 credit program under s. 220.197 to the Department of Business
292 and Professional Regulation in the conduct of its official
293 business.
294
295 Disclosure of information under this subsection shall be
296 pursuant to a written agreement between the executive director
297 and the agency. Such agencies, governmental or nongovernmental,
298 shall be bound by the same requirements of confidentiality as
299 the Department of Revenue. Breach of confidentiality is a
300 misdemeanor of the first degree, punishable as provided by s.
301 775.082 or s. 775.083.
302 Section 4. Subsection (8) of section 220.02, Florida
303 Statutes, is amended to read:
304 220.02 Legislative intent.—
305 (8) It is the intent of the Legislature that credits
306 against either the corporate income tax or the franchise tax be
307 applied in the following order: those enumerated in s. 631.828,
308 those enumerated in s. 220.191, those enumerated in s. 220.181,
309 those enumerated in s. 220.183, those enumerated in s. 220.182,
310 those enumerated in s. 220.1895, those enumerated in s. 220.195,
311 those enumerated in s. 220.184, those enumerated in s. 220.186,
312 those enumerated in s. 220.1845, those enumerated in s. 220.19,
313 those enumerated in s. 220.185, those enumerated in s. 220.1875,
314 those enumerated in s. 220.1876, those enumerated in s.
315 220.1877, those enumerated in s. 220.18775, those enumerated in
316 s. 220.1878, those enumerated in s. 288.062, those enumerated in
317 former s. 288.9916, those enumerated in former s. 220.1899,
318 those enumerated in former s. 220.194, those enumerated in s.
319 220.196, those enumerated in s. 220.198, those enumerated in s.
320 220.1915, those enumerated in s. 220.199, those enumerated in s.
321 220.1991, and those enumerated in s. 220.1992, and those
322 enumerated in s. 220.197.
323 Section 5. Paragraph (a) of subsection (1) of section
324 220.13, Florida Statutes, is amended to read:
325 220.13 “Adjusted federal income” defined.—
326 (1) The term “adjusted federal income” means an amount
327 equal to the taxpayer’s taxable income as defined in subsection
328 (2), or such taxable income of more than one taxpayer as
329 provided in s. 220.131, for the taxable year, adjusted as
330 follows:
331 (a) Additions.—There shall be added to such taxable income:
332 1.a. The amount of any tax upon or measured by income,
333 excluding taxes based on gross receipts or revenues, paid or
334 accrued as a liability to the District of Columbia or any state
335 of the United States which is deductible from gross income in
336 the computation of taxable income for the taxable year.
337 b. Notwithstanding sub-subparagraph a., if a credit taken
338 under s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878 is
339 added to taxable income in a previous taxable year under
340 subparagraph 11. and is taken as a deduction for federal tax
341 purposes in the current taxable year, the amount of the
342 deduction allowed shall not be added to taxable income in the
343 current year. The exception in this sub-subparagraph is intended
344 to ensure that the credit under s. 220.1875, s. 220.1876, s.
345 220.1877, or s. 220.1878 is added in the applicable taxable year
346 and does not result in a duplicate addition in a subsequent
347 year.
348 2. The amount of interest which is excluded from taxable
349 income under s. 103(a) of the Internal Revenue Code or any other
350 federal law, less the associated expenses disallowed in the
351 computation of taxable income under s. 265 of the Internal
352 Revenue Code or any other law, excluding 60 percent of any
353 amounts included in alternative minimum taxable income, as
354 defined in s. 55(b)(2) of the Internal Revenue Code, if the
355 taxpayer pays tax under s. 220.11(3).
356 3. In the case of a regulated investment company or real
357 estate investment trust, an amount equal to the excess of the
358 net long-term capital gain for the taxable year over the amount
359 of the capital gain dividends attributable to the taxable year.
360 4. That portion of the wages or salaries paid or incurred
361 for the taxable year which is equal to the amount of the credit
362 allowable for the taxable year under s. 220.181. This
363 subparagraph shall expire on the date specified in s. 290.016
364 for the expiration of the Florida Enterprise Zone Act.
365 5. That portion of the ad valorem school taxes paid or
366 incurred for the taxable year which is equal to the amount of
367 the credit allowable for the taxable year under s. 220.182. This
368 subparagraph shall expire on the date specified in s. 290.016
369 for the expiration of the Florida Enterprise Zone Act.
370 6. The amount taken as a credit under s. 220.195 which is
371 deductible from gross income in the computation of taxable
372 income for the taxable year.
373 7. That portion of assessments to fund a guaranty
374 association incurred for the taxable year which is equal to the
375 amount of the credit allowable for the taxable year.
376 8. In the case of a nonprofit corporation which holds a
377 pari-mutuel permit and which is exempt from federal income tax
378 as a farmers’ cooperative, an amount equal to the excess of the
379 gross income attributable to the pari-mutuel operations over the
380 attributable expenses for the taxable year.
381 9. The amount taken as a credit for the taxable year under
382 s. 220.1895.
383 10. Up to nine percent of the eligible basis of any
384 designated project which is equal to the credit allowable for
385 the taxable year under s. 220.185.
386 11. Any amount taken as a credit for the taxable year under
387 s. 220.1875, s. 220.1876, s. 220.1877, or s. 220.1878. The
388 addition in this subparagraph is intended to ensure that the
389 same amount is not allowed for the tax purposes of this state as
390 both a deduction from income and a credit against the tax. This
391 addition is not intended to result in adding the same expense
392 back to income more than once.
393 12. The amount taken as a credit for the taxable year under
394 s. 220.196. The addition in this subparagraph is intended to
395 ensure that the same amount is not allowed for the tax purposes
396 of this state as both a deduction from income and a credit
397 against the tax. The addition is not intended to result in
398 adding the same expense back to income more than once.
399 13. The amount taken as a credit for the taxable year
400 pursuant to s. 220.198.
401 14. The amount taken as a credit for the taxable year
402 pursuant to s. 220.1915.
403 15. The amount taken as a credit for the taxable year
404 pursuant to s. 220.199.
405 16. The amount taken as a credit for the taxable year
406 pursuant to s. 220.1991.
407 17. The amount taken as a credit for the taxable year
408 pursuant to s. 220.197.
409 Section 6. This act shall take effect July 1, 2026.