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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 “r
esilient 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 info
rmation
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, t
he
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 b
ecause 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)
T
he name, address, and taxpayer identification number
162
for the building owner and the transferee
.
163
(II)
T
he amount of the credit being transferred
.
164
(III)
T
he taxable year in which the credit was originally
165
earned by the building owner
.
166
(IV)
Th
e 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 th
is
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)
F
ive members
who
are representatives of local
247
government.
248
(b)
T
wo members
who
are representatives of
building
codes
249
and standards organizations.
250
(c)
T
wo members
who
are representatives of sustainable or
251
resilient building certification organizations.
252
(d)
O
ne member
who
is an architect
licensed in this state
.
253
(e)
O
ne member
who
is an engineer
licensed in this state
.
254
(f)
O
ne member
who
is a representative of the commercial
255
and
residential
property insurance industry.
256
(g)
T
wo members
who
have expertise in renewable energy and
257
energy storage systems.
258
(h)
O
ne member
who
has expertise in building-
power
grid
259
integration
.
260
(
5
)
Advisory council m
embers must be appointed no later
261
than August 1, 20
26
.
M
embers 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-chair
s, 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), t
his 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.