Florida 2025 1st Special Session

Florida House Bill HB143

Caption

Resilient Buildings :

Summary

HB 143 creates a new Florida corporate income tax credit program for owners of “resilient buildings,” defined as buildings that earn qualifying LEED Silver, Gold, or Platinum certifications under either the Building Design and Construction (BD+C) or Operations and Maintenance (O+M) pathways and meet LEED resilience requirements. Beginning with taxable years on or after January 1, 2026, eligible owners may claim a credit for five years based on the building’s certification level and square footage. The credit ranges from $0.50 to $2.00 per square foot per year, with the highest amount reserved for Platinum O+M buildings. To claim the credit, a building owner must apply to the Department of Business and Professional Regulation by March 1 of the year after certification and provide documentation of the certification, the certification date, and a commitment to report annual energy-use data through ENERGY STAR Portfolio Manager for research purposes. If approved, the department issues a letter that must be attached to the tax return. The bill allows only one application per building, except where a prior filing was denied or withdrawn due to correctable errors. Unused credits may be carried forward for up to five years, and credits may also be transferred, in whole or in part, to another taxpayer subject to Florida corporate income tax under specified filing and documentation rules. The bill also creates the Florida Resilient Building Advisory Council within the Department of Business and Professional Regulation to advise the department and Legislature on policies that promote resilient buildings and hurricane resiliency. The council would include university representatives, appointees from the Governor, Senate President, and House Speaker, and members with expertise in local government, building codes, certification systems, architecture, engineering, insurance, renewable energy, energy storage, and building-grid integration. The council is temporary and is set to repeal on October 2, 2028 unless reenacted. HB 143 would also amend Florida tax administration statutes to allow information sharing between the Department of Revenue and the Department of Business and Professional Regulation for administration of the credit, and it updates the corporate tax credit ordering rules so the new resilient building credit is applied in the statutory sequence. Overall, the bill would add a new incentive tied to green building certification and resilience-related performance, while creating a new advisory structure to guide future policy. The available context shows no committee transcript or recorded votes, but the bill ultimately died in the Industries & Professional Activities Subcommittee on June 16, 2025. Based on the bill’s structure, likely support would come from advocates of resilient construction, energy efficiency, and hurricane preparedness, while potential concerns could include the fiscal cost of the credit, administrative complexity, and whether the incentive primarily benefits larger commercial property owners and developers.

Impact

The bill would create a new section of the Florida Corporate Income Tax Code, s. 220.197, establishing a refundable-style nonrefundable credit mechanism for qualifying resilient buildings, and it would require conforming changes to tax credit ordering and confidentiality provisions. It also creates s. 553.972, establishing a temporary advisory council within the Department of Business and Professional Regulation, and authorizes interagency information sharing needed to administer the program. The practical effect is to expand Florida’s tax incentive framework to reward LEED-certified buildings that meet resilience criteria and to formalize state-level policy advice on resilient building standards.

Sentiment

There is no recorded committee debate or vote history in the provided materials, so the bill’s sentiment must be inferred from its design and outcome. The proposal appears generally supportive of resilience, sustainability, and hurricane preparedness, with a policy emphasis on encouraging higher-performance buildings through tax incentives. However, its failure to advance out of subcommittee suggests either limited legislative support, competing priorities, or concerns about cost and implementation rather than broad consensus.

Contention

The main likely points of contention are the size and duration of the tax credit, which could reduce state revenue, and whether the incentive is appropriately targeted. Because the credit is based on square footage and LEED certification level, critics might view it as favoring larger commercial property owners or projects already positioned to pursue certification. Administrative issues may also be debated, including the application process, annual energy-use reporting requirement, transferability of credits, and the need for coordination between the Department of Revenue and the Department of Business and Professional Regulation. Supporters would likely emphasize hurricane resilience, energy efficiency, and long-term building performance, while skeptics may question whether the tax expenditure is the best way to achieve those goals.

Companion Bills

No companion bills found.

Previously Filed As

FL H0143

Resilient Buildings

FL S0062

Resilient Buildings

FL H1345

Infrastructure and Resiliency

FL H0371

Nature-based Methods for Improving Coastal Resilience

FL H0707

Building Regulation

FL H0695

Private Provider Building Inspection Services

FL S1580

Infrastructure and Resiliency

FL H1035

Building Permits for Single-family Dwellings

FL S0050

Nature-based Methods for Improving Coastal Resilience

FL H1477

Enforcement of the Florida Building Code

Similar Bills

No similar bills found.