SB 62 creates a new Florida corporate income tax credit program for “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) resilience pathway. Beginning with taxable years on or after January 1, 2026, eligible building owners may claim a credit for five years, with the amount based on certification level and building square footage. The bill sets the credit at 50 cents per square foot annually for BD+C Silver or Gold, $1 per square foot annually for BD+C Platinum or O+M Silver/Gold, and $2 per square foot annually for O+M Platinum. A building may qualify only once, and owners must apply to the Department of Environmental Protection by March 1 of the year after certification.
Impact
The bill adds a new section to chapter 220, Florida Statutes, creating a tax expenditure that reduces corporate income tax or franchise tax liability for qualifying building owners and allowing unused credits to be carried forward for up to five years or transferred under specified conditions. It also requires the Department of Environmental Protection and the Department of Revenue to administer the program through rulemaking, establishes application, documentation, disclosure, and rescission procedures, and amends existing tax statutes to integrate the new credit into Florida’s credit ordering and confidentiality provisions. In addition, the bill creates the Florida Resilient Building Advisory Council within DEP and directs it to advise the department and Legislature on policies to promote resilient buildings and hurricane resiliency.
Sentiment
The available voting history suggests the bill was received favorably in committee, passing the Senate Environment and Natural Resources Committee unanimously 9-0. The bill’s structure and the creation of an advisory council indicate broad policy support for resilience, sustainability, and energy-performance incentives. No committee transcript is provided, so there is no recorded debate to show opposition or amendments in the materials supplied.
Contention
The main policy tradeoff is fiscal: the bill offers a multi-year tax credit that could reduce state revenue, while requiring reporting of energy-use information to support research and program oversight. Potential points of contention include the size of the credit, whether benefits should be limited to LEED-certified buildings, the administrative burden of applications and annual reporting, and the transferability of credits. The advisory council’s membership design may also draw attention because it heavily involves universities, state appointees, and specified stakeholder expertise, including local government, building standards, insurance, renewable energy, and grid integration.