This bill creates a new corporate income/franchise tax credit for owners of “resilient buildings,” defined as buildings that earn qualifying LEED Silver, Gold, or Platinum certification under either the building design and construction (BD+C) or operations and maintenance (O+M) resilience pathway. Beginning with taxable years on or after January 1, 2026, eligible owners may claim a credit for five years, with the amount tied to certification level and building type: from $0.50 to $2.00 per square foot annually. The bill limits each resilient building to one credit award, requires an application to the Department of Business and Professional Regulation, and requires the owner to report annual energy-use data through ENERGY STAR Portfolio Manager during the credit period.
The bill also allows unused credits to be carried forward for up to five years and permits transfer of all or part of the credit to another taxpayer subject to Florida’s corporate income tax or franchise tax, subject to filing and documentation requirements. If a recipient fails to provide the required energy-use information, the Department of Business and Professional Regulation must rescind eligibility and notify the Department of Revenue so the credit cannot be claimed. The bill directs both agencies to adopt rules, makes related confidentiality changes to allow information sharing between them, and updates Florida’s tax-credit ordering and adjusted federal income provisions to account for the new credit.
In addition to the tax credit, the bill creates the Florida Resilient Building Advisory Council within the Department of Business and Professional Regulation. The council is intended to advise the department and Legislature on policies that promote resilient buildings and hurricane resiliency. It includes university representatives, appointees from the Governor, Senate President, and House Speaker, and is designed to include members with expertise in local government, building codes, sustainable certification, architecture, engineering, insurance, renewable energy, energy storage, and building-grid integration. The council must begin meeting by November 1, 2025, meet at least twice a year, and is set to expire on October 2, 2028 unless reenacted.
The bill’s impact on state law is to add a new business tax incentive and a new advisory body, while also creating administrative duties for the Department of Business and Professional Regulation and the Department of Revenue. It amends Florida’s corporate income tax statutes to incorporate the new credit into the state’s credit-ordering rules and adjusted income calculations, and it authorizes confidential information sharing needed to administer the program. The bill primarily affects commercial building owners, especially those pursuing LEED certification, as well as tax practitioners, state agencies, and potentially the insurance and construction sectors.
The general sentiment reflected in the available voting history appears favorable, with the House Natural Resources & Disasters Subcommittee approving the bill 17-1. That vote suggests broad support for encouraging hurricane resilience and energy-efficient building practices through tax incentives. The main points of contention likely center on the cost and policy design of the tax credit, including whether the state should subsidize LEED-based certification, the size and transferability of the credit, and the administrative burden of annual reporting and compliance. The bill text itself also suggests a policy debate over whether resilience incentives should be tied to private certification standards and whether the state should use tax policy to drive building resilience and energy reporting.
The bill creates section 220.197, Florida Statutes, establishing a new corporate income/franchise tax credit for owners of qualifying resilient buildings and requiring rulemaking by the Department of Revenue and the Department of Business and Professional Regulation. It also creates section 553.972, Florida Statutes, establishing the Florida Resilient Building Advisory Council, and amends sections 213.053, 220.02, and 220.13 to support administration of the credit and to place it in Florida’s tax-credit ordering and income-adjustment framework. The measure affects building owners seeking LEED resilience certification, taxpayers eligible to use or receive transferred credits, and state agencies responsible for certification review, confidentiality, and tax administration.
The available voting history indicates generally positive sentiment toward the bill, with the House Natural Resources & Disasters Subcommittee advancing it 17-1. That margin suggests the proposal was viewed as a constructive resilience and disaster-preparedness measure, especially given Florida’s hurricane risk and interest in stronger building standards. No committee transcript was provided, so the record does not show detailed debate, but the vote suggests broad support with limited opposition.
The likely areas of contention are the fiscal and administrative implications of the tax credit, the use of LEED certification as the qualifying standard, and the requirement that recipients report annual energy-use data to keep the credit. Critics may question whether the credit is too generous, whether it benefits a narrow set of commercial property owners, and whether transferability complicates administration. Supporters, by contrast, appear to favor using tax incentives and an advisory council to encourage resilient construction, energy efficiency, and hurricane preparedness. The lone dissenting vote in subcommittee suggests at least one member had reservations, though the record does not identify the specific objection.