HB 1191

1	A bill to be entitled
2	An act relating to green building construction; creating
3	s. 212.099, F.S.; providing a purpose; providing
4	definitions; providing for a sales tax credit for certain
5	building construction; creating s. 220.194, F.S.;
6	providing a purpose; providing definitions; providing for
7	a corporate income tax credit for certain building
8	construction; requiring the Department of Revenue to adopt
9	certain standards by rule; providing requirements;
10	requiring the department to issue initial credit
11	certificates under certain circumstances; providing
12	certificate requirements and limitations; requiring
13	taxpayers claiming credits to obtain eligibility
14	certificates; providing requirements; providing additional
15	certification requirements; authorizing the Chief
16	Financial Officer and the department to adopt rules;
17	requiring the Chief Financial Officer and the department
18	to submit a report to the Governor and the Legislature;
19	providing report requirements; providing duties of the
20	Chief Financial Officer; requiring the department to adopt
21	certification rules; amending s. 553.74, F.S.; providing
22	for an additional member of the Florida Building
23	Commission; creating part IX of ch. 553, F.S., consisting
24	of ss. 553.9991, 553.9993, and 553.9995, F.S.; creating
25	the Florida Green Building Act; providing legislative
26	findings; providing a legislative declaration; providing
27	definitions; requiring certain state-funded projects to be
28	constructed to meet certain energy and environmental
29	design rating systems; requiring certain public buildings
30	and educational facilities to be constructed to meet
31	certain energy and environmental design rating systems;
32	providing a legislative finding; requiring certain major
33	facility projects receiving state funding to be
34	constructed to meet certain energy and environmental
35	design rating standards; providing public agency
36	monitoring and reporting requirements; providing reporting
37	requirements for the department; requiring the department
38	to summarize certain reports and report to the
39	Legislature; specifying absence of liability for failing
40	to meet certain standards under certain circumstances;
41	exempting certain affordable housing projects; requiring
42	the Department of Community Affairs to develop a
43	sustainable building program for certain affordable
44	housing projects; providing requirements and limitations;
45	providing performance review requirements for the Office
46	of Program Policy Analysis and Government Accountability;
47	providing performance audit requirements; requiring
48	reports; creating the Florida Green Building Council in
49	the Department of Community Affairs; providing for
50	membership; providing for action by the council; providing
51	that members shall serve without compensation; providing
52	for per diem and travel expenses; providing for member
53	accountability to the Governor; providing for
54	investigation by the Governor of council actions or
55	members; providing for removal of council members under
56	certain circumstances; providing an effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Section 212.099, Florida Statutes, is created
61	to read:
62	212.099  Florida Green Building sales tax refund program.--
63	(1)  The purpose of this section is to encourage the
64	development and construction of facilities using environmentally
65	conscious building practices.
66	(2)  The definitions provided in s. 220.194 apply to this
67	section.
68	(3)  A property owner may claim a refund against the tax
69	imposed by this chapter paid during the building or renovation
70	of a residential structure that does not qualify for the green
71	building corporate income tax credit under s. 220.194. The
72	property owner shall submit to the department proof of having
73	paid the sales tax on items used in the construction or
74	improvement of the property and proof of the property's
75	compliance with applicable green building standards as specified
76	in s. 220.194. The tax refund shall not exceed $5,000 per
77	property.
78	Section 2.  Section 220.194, Florida Statutes, is created
79	to read:
80	220.194  Florida Green Building corporate income tax
81	credit.--
82	(1)  The purpose of this section is to encourage the
83	development and construction of facilities using environmentally
84	conscious building practices.
85	(2)  As used in this section:
86	(a)1.  "Allowable costs" means amounts properly chargeable
87	to capital accounts, other than for land, that are paid or
88	incurred on or after July 1, 2009, for:
89	a.  Construction or rehabilitation;
90	b.  Commissioning costs;
91	c.  Interest paid or incurred during the construction or
92	rehabilitation period;
93	d.  Architectural, engineering, and other professional fees
94	allocable to construction or rehabilitation;
95	e.  Closing costs for construction, rehabilitation, or
96	mortgage loans;
97	f.  Recording taxes and filing fees incurred with respect
98	to construction or rehabilitation; or
99	g.  Finishes and furnishings, consistent with the rules
100	adopted by the Department of Business and Professional
101	Regulation, for lighting, plumbing, electrical wiring, and
102	ventilation.
103	2.  The term "allowable costs" does not include:
104	a.  The cost of telephone systems and computers, other than
105	electrical wiring costs;
106	b.  Legal fees allocable to construction or rehabilitation;
107	c.  Site costs, including temporary electric wiring,
108	scaffolding, demolition costs, and fencing and security
109	facilities;
110	d.  Finishes or furnishings that are not consistent with
111	the rules adopted by the Department of Business and Professional
112	Regulation under this section; or
113	e.  The cost of purchasing or installing fuel cells, wind
114	turbines, or photovoltaic modules.
115	(b)  "Applicable green building" means a building that:
116	1.  Achieves at least a silver rating according to the
117	United States Green Building Council's Leadership in Energy and
118	Environmental Design (LEED) Green Building rating system as
119	adopted by the Florida Green Building Council;
120	2.  Achieves at least a Two Globes rating according to the
121	Green Globes Program as adopted by the Green Building
122	Initiative;
123	3.  Achieves at least a comparable numeric rating according
124	to a nationally recognized, accepted, and appropriate numeric
125	sustainable development rating system, guideline, or standard;
126	or
127	4.  Meets nationally recognized, consensus-based, and
128	accepted green building guidelines, standards, or systems
129	approved by the state.
130	(c)  "Base building" means all areas of a building not
131	intended for occupancy by a tenant or owner, including the
132	structural components of the building, exterior walls, floors,
133	windows, roofs, foundations, chimneys and stacks, parking areas,
134	mechanical rooms and mechanical systems, and owner-controlled or
135	operated services spaces, sidewalks, main lobby, shafts and
136	vertical transportation mechanisms, stairways, and corridors.
137	(d)  "Commissioning" means:
138	1.  The testing and fine-tuning of heating, ventilating,
139	and air-conditioning systems and other systems to ensure proper
140	functioning and adherence to design criteria.
141	2.  The preparation of system operation manuals and
142	instruction of maintenance personnel.
143	(e)  "Credit allowance year" means the later of:
144	1.  The taxable year during which:
145	a.  The property, construction, completion, or
146	rehabilitation on which the credit allowed under this section is
147	based is originally placed in service; or
148	b.  A fuel cell, wind turbine, or photovoltaic module
149	constitutes a qualifying alternate energy source and is fully
150	operational; or
151	2.  The earliest taxable year for which the credit may be
152	claimed under the initial credit certificate issued under
153	subsection (12).
154	(f)  "Department" means the Department of Revenue.
155	(g)  "Eligible building" means a building located in this
156	state that:
157	1.  Is a building used primarily for nonresidential
158	purposes if the building contains at least 20,000 square feet of
159	interior space;
160	2.  Is a residential multifamily building with at least 12
161	dwelling units that contains at least 20,000 square feet of
162	interior space; or
163	3.  Is any combination of buildings described in
164	subparagraphs 1. and 2.
165	(h)  "Fuel cell" means a device that produces electricity
166	directly from hydrogen or hydrocarbon fuel through a
167	noncombustive electrochemical process.
168	(i)  "Green base building" means a base building that is
169	part of an eligible building and meets the requirements set out
170	in paragraph (b).
171	(j)  "Green tenant space" means tenant space in a building
172	if the building is an eligible building and the tenant space
173	meets the requirements of paragraph (b).
174	(k)  "Green whole building" means a building for which the
175	base building is a green base building and all tenant space is
176	green tenant space.
177	(l)  "Incremental cost of building-integrated photovoltaic
178	modules" means:
179	1.  The cost of building-integrated photovoltaic modules
180	and any associated inverter, additional wiring or other
181	electrical equipment for the photovoltaic modules, or additional
182	mounting or structural materials, less the cost of spandrel
183	glass or other building material that would have been used if
184	building-integrated photovoltaic modules were not installed;
185	2.  The incremental labor costs properly allocable to
186	onsite preparation, assembly, and original installation of
187	photovoltaic modules; and
188	3.  The incremental costs of architectural and engineering
189	services and designs and plans directly related to the
190	construction or installation of photovoltaic modules.
191	(m)  "Qualifying alternate energy sources" means building-
192	integrated and nonbuilding-integrated photovoltaic modules, wind
193	turbines, and fuel cells installed to serve a base building or
194	tenant space that:
195	1.  Have the capability to monitor their actual power
196	output;
197	2.  Are fully commissioned upon installation, and annually
198	thereafter, to ensure that the systems meet the design
199	specifications; and
200	3.  In the case of wind turbines, meet any applicable noise
201	ordinances.
202	(n)  "Tenant improvements" means improvements that are
203	necessary or appropriate to support or conduct the business of a
204	tenant or occupying owner.
205	(o)  "Tenant space" means the portion of a building
206	intended for occupancy by a tenant or occupying owner.
207	(3)(a)  A corporation may claim a credit against the tax
208	imposed by this chapter as provided under this section for green
209	buildings and green building components.
210	(b)  If the credit authorized under this section exceeds
211	the tax imposed by this chapter, any unused credit may be
212	carried forward and applied for succeeding taxable years until
213	the earlier of:
214	1.  The full amount of the credit is used; or
215	2.  The expiration of the 10th year after the taxable year
216	for which the credit was allowed.
217	(c)  For each of the credits authorized under subsections
218	(4)-(9), the credit may not be allowed for any taxable year
219	unless:
220	1.  The taxpayer has obtained and filed an initial credit
221	certificate and an eligibility certificate issued under
222	subsection (12).
223	2.  A certificate of occupancy for the building has been
224	issued.
225	3.  The property with respect to which the credit is
226	claimed is in service during the taxable year.
227	(d)  The total aggregate amount authorized for all credits
228	under this section may not exceed the maximum set forth in the
229	initial credit certificate obtained under subsection (12).
230	(e)  In determining the amount of the credits under this
231	section, a cost paid or incurred may not be the basis for more
232	than one credit.
233	(4)(a)  For the taxable year that is the credit allowance
234	year, an owner or tenant may claim a credit in an amount equal
235	to 8 percent of the allowable costs paid or incurred by the
236	owner or tenant for the construction of a green whole building
237	or the rehabilitation of a building that is not a green whole
238	building to become a green whole building.
239	(b)  The allowable costs used to determine the credit
240	amount allowed under this subsection for a green whole building
241	may not exceed in the aggregate:
242	1.  An amount equal to $120 per square foot for that
243	portion of the building that comprises the base building; and
244	2.  An amount equal to $60 per square foot for that portion
245	of the building that comprises the tenant space.
246	(5)(a)  For the taxable year that is the credit allowance
247	year, an owner may claim a credit in an amount equal to 6
248	percent of the allowable costs paid or incurred by the owner for
249	the construction of a green base building or the rehabilitation
250	of a building that is not a green base building to become a
251	green base building.
252	(b)  The allowable costs used to determine the credit
253	amount allowed under this subsection for a green base building
254	may not exceed, in the aggregate, $120 per square foot.
255	(6)(a)  For the taxable year that is the credit allowance
256	year, an owner or tenant may claim a credit in an amount equal
257	to 6 percent of the allowable costs for tenant improvements paid
258	or incurred by the owner or tenant in the construction or
259	completion of green tenant space or the rehabilitation of tenant
260	space that is not green tenant space to become green tenant
261	space.
262	(b)1.  The allowable costs used to determine the credit
263	amount allowed under this subsection for green tenant space may
264	not exceed, in the aggregate, $60 per square foot.
265	2.  If an owner and tenant each incur allowable costs for
266	tenant improvements under this subsection and the costs exceed
267	$60 per square foot in the aggregate, the owner has priority as
268	to costs constituting the basis for the green tenant space
269	credit under this subsection.
270	(c)  The credit under this subsection for green tenant
271	space may not be claimed by an owner of a building that occupies
272	less than 10,000 square feet of the building.
273	(d)  The credit under this subsection for green tenant
274	space may not be claimed by a tenant that occupies less than
275	5,000 square feet.
276	(7)(a)  For the taxable year that is the credit allowance
277	year, an owner or tenant may claim a credit in the amount
278	determined under this subsection for the installation of a fuel
279	cell that is a qualifying alternate energy source and is
280	installed to serve a green whole building, green base building,
281	or green tenant space.
282	(b)  The amount of the credit authorized under this
283	subsection is 30 percent of the sum of the capitalized costs
284	paid or incurred by an owner or tenant with respect to each fuel
285	cell installed, including the cost of the foundation or platform
286	and the labor costs associated with installation.
287	(c)  The costs used to determine the credit amount allowed
288	under this subsection for installation of a fuel cell:
289	1.  May not exceed $1,000 per kilowatt of installed DC-
290	rated capacity of the fuel cell; and
291	2.  Shall be reduced by the amount of any federal, state,
292	or local grant:
293	a.  Received by the taxpayer and used for the purchase or
294	installation of the fuel cell; and
295	b.  Not included in the federal gross income of the
296	taxpayer.
297	(8)(a)  For the taxable year that is the credit allowance
298	year, an owner or tenant may claim a credit in the amount
299	determined under this subsection for the installation of
300	photovoltaic modules that constitute a qualifying alternate
301	energy source and are installed to serve a green whole building,
302	green base building, or green tenant space.
303	(b)  The amount of the credit allowed under this subsection
304	is:
305	1.  An amount equal to 20 percent of the incremental cost
306	paid or incurred by an owner or tenant for building-integrated
307	photovoltaic modules; and
308	2.  An amount equal to 25 percent of the cost of
309	nonbuilding-integrated photovoltaic modules, including the cost
310	of the foundation or platform and the labor costs associated
311	with installation.
312	(c)  The costs used to determine the credit amount allowed
313	under this subsection for installation of photovoltaic modules:
314	1.  May not exceed the product obtained by multiplying $3
315	times the number of watts included in the DC-rated capacity of
316	the photovoltaic modules; and
317	2.  Shall be reduced by the amount of any federal, state,
318	or local grant:
319	a.  Received by the taxpayer and used for the purchase or
320	installation of the photovoltaic equipment; and
321	b.  Not included in the federal gross income of the
322	taxpayer.
323	(9)(a)  For the taxable year that is the credit allowance
324	year, an owner or tenant may claim a credit in the amount
325	determined under paragraph (b) for the installation of a wind
326	turbine that is a qualifying alternate energy source and is
327	installed to serve a green whole building, green base building,
328	or green tenant space.
329	(b)  The amount of the credit authorized under this
330	subsection is 25 percent of the sum of the capitalized costs
331	paid or incurred by an owner or tenant with respect to each wind
332	turbine installed, including the cost of the foundation or
333	platform and the labor costs associated with installation.
334	(10)(a)  By rule, the department shall adopt standards for
335	a building to qualify as a green base building eligible for the
336	tax credits under this section that are consistent with the
337	criteria for green base buildings set forth by the United States
338	Green Building Council or other similar criteria.
339	(b)  The rule adopted under this subsection shall provide
340	that the energy use shall be no more than 65 percent for new
341	construction of a base building, or 75 percent in the case of
342	rehabilitation of a base building, of the energy use
343	attributable to a reference building which meets the
344	requirements of applicable energy efficiency standards.
345	(11)(a)  By rule, the department shall adopt standards for
346	tenant space to qualify as green tenant space eligible for the
347	tax credits under this section that are consistent with the
348	criteria for green tenant space set forth by the United States
349	Green Building Council or other similar criteria.
350	(b)  The rule adopted under this subsection shall provide
351	that the energy use shall be no more than 65 percent for new
352	construction, or 75 percent in the case of rehabilitation, of
353	the energy use attributable to a reference building which meets
354	the requirements of applicable energy efficiency standards.
355	(12)(a)1.  Upon application by a taxpayer, the department
356	shall issue an initial credit certificate if the taxpayer has
357	made a showing that the taxpayer is likely within a reasonable
358	time to place in service property for which a credit under this
359	section would be allowed.
360	2.  The initial credit certificate issued under this
361	paragraph:
362	a.  Shall state the earliest taxable year for which the
363	credit may be claimed and an expiration date; and
364	b.  Shall apply only to property placed in service on or
365	before the expiration date.
366	3.  To avoid unwarranted hardship, the department, in its
367	discretion, may extend the expiration date stated under an
368	initial credit certificate.
369	4.  The initial credit certificate shall state the maximum
370	amount of credit allowable in the aggregate for all credits
371	allowed under this section.
372	5.  The department may not issue initial credit
373	certificates, in the aggregate, for more than $25 million.
374	6.  Except as provided in subparagraph 7., initial credit
375	certificates shall be limited in their applicability. Credits in
376	the aggregate, with respect to the following taxable years, may
377	not be allowed for more than:
378	a.  The sum of $1 million for the tax year beginning in
379	2009.
380	b.  The sum of $2 million for the tax year beginning in
381	2010.
382	c.  The sum of $3 million for the tax year beginning in
383	2011.
384	d.  The sum of $4 million for the tax year beginning in
385	2012.
386	e.  The sum of $5 million for the tax year beginning in
387	2013.
388	f.  The sum of $4 million for the tax year beginning in
389	2014.
390	g.  The sum of $3 million for the tax year beginning in
391	2015.
392	h.  The sum of $2 million for the tax year beginning in
393	2016.
394	i.  The sum of $1 million for the tax year beginning in
395	2017.
396	7.  As of the end of a calendar year, if certificates for
397	credit amounts totaling less than the amount permitted with
398	respect to taxable years beginning in that calendar year have
399	been issued, the maximum amount that may be allowed for taxable
400	years beginning in the subsequent calendar year shall be
401	increased by the amount of the preceding year's shortfall.
402	8.  The department may not issue an initial credit
403	certificate after December 31, 2017.
404	9.  On January 1, 2010, and each year thereafter, the
405	department shall provide to the Chief Financial Officer a list
406	of all taxpayers in the prior taxable year that have been issued
407	an initial credit certificate and shall specify for each
408	taxpayer the earliest taxable year for which the credit may be
409	claimed and the maximum amount of the credit allowable in the
410	aggregate for all credits allowed under this section.
411	(b)1.  For each taxable year for which a taxpayer claims a
412	credit under this section with respect to a green whole
413	building, green base building, green tenant space, fuel cell,
414	photovoltaic module, or wind turbine, the taxpayer shall obtain
415	an eligibility certificate from an architect or professional
416	engineer licensed to practice in this state.
417	2.a.  An eligibility certificate issued under this
418	paragraph shall consist of a certification, under the seal of
419	the architect or engineer, that the property that is the basis
420	for the credit that is claimed is in service and that:
421	(I)  The building, base building, or tenant space with
422	respect to which the credit is claimed is a green whole
423	building, green base building, or green tenant space.
424	(II)  Any fuel cell, photovoltaic module, or wind turbine
425	with respect to which the credit is claimed constitutes a
426	qualifying alternate energy source and is fully operational.
427	b.  The certification under sub-sub-subparagraph a.(II):
428	(I)  Shall be made in accordance with the rules adopted by
429	the department under this section specifying the standards and
430	guidelines for each credit under this section; and
431	(II)  Shall set forth the specific findings on which the
432	certification was based.
433	c.  The taxpayer shall file the eligibility certificate and
434	the associated initial credit certificate with the taxpayer's
435	income tax return and shall file duplicate copies of the
436	eligibility certificate with the department.
437	d.  The eligibility certificate shall include:
438	(I)  Sufficient information to identify each building or
439	space; and
440	(II)  Any other information that the department or the
441	Chief Financial Officer requires by rule.
442	(c)  If the department has reason to believe that an
443	architect or professional engineer, in making any certification
444	under this subsection, engaged in professional misconduct, the
445	department shall inform the appropriate professional board of
446	the suspected misconduct.
447	(d)1.  The Chief Financial Officer and the department may
448	adopt rules pursuant to ss. 120.536(1) and 120.54 necessary to
449	carry out the provisions of this section.
450	2.  Rules adopted under this section shall construe the
451	provisions of this section in such a manner as to encourage the
452	development of green whole buildings, green base buildings, and
453	green tenant space and to maintain high, but commercially
454	reasonable, standards for obtaining tax credits under this
455	section.
456	(e)  On or before April 1, 2011, the Chief Financial
457	Officer and the department, jointly and in consultation with the
458	Department of Environmental Protection, shall submit to the
459	Governor, the President of the Senate, and the Speaker of the
460	House of Representatives a written report regarding:
461	1.  The number of certifications and taxpayers claiming the
462	credit under this section;
463	2.  The amount of the credits claimed;
464	3.  The geographical distribution of the credits claimed;
465	and
466	4.  Any other available information the department
467	determines to be meaningful and appropriate.
468	(f)  The Chief Financial Officer shall ensure that the
469	information is presented and classified in a manner consistent
470	with the confidentiality of tax return information.
471	(13)  On or before July 1, 2008, the department, in
472	consultation with the Department of Environmental Protection and
473	the Department of Natural Resources, shall adopt rules with
474	respect to the certification of green whole buildings, green
475	base buildings, and green tenant space that are consistent with
476	criteria set forth by the Florida Green Buildings Council or
477	other similar criteria for:
478	(a)  Energy use;
479	(b)  Appliance and heating, cooling, and hot water
480	equipment standards;
481	(c)  Air conditioning equipment, including chillers;
482	(d)  Building materials, finishes, and furnishings;
483	(e)  Stormwater runoff for new construction;
484	(f)  Water conservation and efficiency; and
485	(g)  Indoor air quality, in consultation with the
486	Department of Health.
487	Section 3.  Subsection (1) of section 553.74, Florida
488	Statutes, is amended to read:
489	553.74  Florida Building Commission.--
490	(1)  The Florida Building Commission is created and shall
491	be located within the Department of Community Affairs for
492	administrative purposes. Members shall be appointed by the
493	Governor subject to confirmation by the Senate. The commission
494	shall be composed of 24 23 members, consisting of the following:
495	(a)  One architect registered to practice in this state and
496	actively engaged in the profession.
497	(b)  One structural engineer registered to practice in this
498	state and actively engaged in the profession.
499	(c)  One air-conditioning or mechanical contractor
500	certified to do business in this state and actively engaged in
501	the profession.
502	(d)  One electrical contractor certified to do business in
503	this state and actively engaged in the profession.
504	(e)  One member from fire protection engineering or
505	technology who is actively engaged in the profession.
506	(f)  One general contractor certified to do business in
507	this state and actively engaged in the profession.
508	(g)  One plumbing contractor licensed to do business in
509	this state and actively engaged in the profession.
510	(h)  One roofing or sheet metal contractor certified to do
511	business in this state and actively engaged in the profession.
512	(i)  One residential contractor licensed to do business in
513	this state and actively engaged in the profession.
514	(j)  Three members who are municipal or district codes
515	enforcement officials, one of whom is also a fire official.
516	(k)  One member who represents the Department of Financial
517	Services.
518	(l)  One member who is a county codes enforcement official.
519	(m)  One member of a Florida-based organization of persons
520	with disabilities or a nationally chartered organization of
521	persons with disabilities with chapters in this state.
522	(n)  One member of the manufactured buildings industry who
523	is licensed to do business in this state and is actively engaged
524	in the industry.
525	(o)  One mechanical or electrical engineer registered to
526	practice in this state and actively engaged in the profession.
527	(p)  One member who is a representative of a municipality
528	or a charter county.
529	(q)  One member of the building products manufacturing
530	industry who is authorized to do business in this state and is
531	actively engaged in the industry.
532	(r)  One member who is a representative of the building
533	owners and managers industry who is actively engaged in
534	commercial building ownership or management.
535	(s)  One member who is a representative of the insurance
536	industry.
537	(t)  One member who is a representative of public
538	education.
539	(u)  One member who is a representative of the green
540	building industry and who is a third-party commissioning agent,
541	a Florida board member for the United States Green Building
542	Council or Green Building Initiative, or a LEED-accredited
543	professional.
544	(v)(u)  One member who shall be the chair.
545
546	Any person serving on the commission under paragraph (c) or
547	paragraph (h) on October 1, 2003, and who has served less than
548	two full terms is eligible for reappointment to the commission
549	regardless of whether he or she meets the new qualification.
550	Section 4.  Part IX of chapter 553, Florida Statutes,
551	consisting of sections 553.9991, 553.9993, and 553.9995, is
552	created to read:
553	PART IX
554	FLORIDA GREEN BUILDING CONSTRUCTION
555	553.9991  Florida Green Building Act.--
556	(1)  SHORT TITLE.--This part may be cited as the "Florida
557	Green Building Act."
558	(2)  LEGISLATIVE FINDINGS; DECLARATION.--
559	(a)  The Legislature finds that:
560	1.  Energy costs are increasing.
561	2.  Energy used in buildings contributes substantially to
562	the problems of pollution and global warming.
563	3.  Buildings can be built and renovated using high-
564	performance methods that reduce energy costs, preserve the
565	environment, and enhance quality of life.
566	4.  Green building development addresses and minimizes
567	numerous adverse impacts upon the health, safety, and welfare of
568	social, natural, and built environments.
569	5.  Green development will optimize the energy performance
570	of buildings throughout the state, improve environmental quality
571	in the state, protect and restore the state's natural resources
572	by avoiding development of inappropriate building sites, reduce
573	the burden on municipal water supply and treatment by reducing
574	potable water consumption, and reduce waste generation and
575	manage waste through recycling and diversion from landfill
576	disposal.
577	(b)  The Legislature declares that there is an important
578	state interest in promoting the construction of energy-efficient
579	and sustainable buildings. Government leadership is vital to
580	demonstrate the state's commitment to energy and environmental
581	conservation, saving taxpayers money, and raising public
582	awareness of conscientious development.
583	(3)  DEFINITIONS.--As used in this part, the term:
584	(a)  "Council" means the United States Green Building
585	Council.
586	(b)  "Department" means the Department of Management
587	Services.
588	(c)  "Green Globes Rating System" means the environmental
589	building rating system established by the initiative to
590	determine the level of a building's sustainability and energy
591	efficiency performance.
592	(d)  "High-performance building" means a building designed
593	to achieve integrated systems design and construction so as to
594	significantly reduce or eliminate the negative impact of the
595	built environment.
596	(e)  "Initiative" means the Green Building Initiative.
597	(f)  "LEED" means the council's Leadership in Energy and
598	Environmental Design rating systems.
599	(g)  "LEED silver standard" means the United States Green
600	Building Council's leadership in energy and environmental design
601	green building rating standard, referred to as the "silver
602	standard."
603	(h)  "Major facility project" means:
604	1.a.  A state-funded new construction building project
605	under which the building to be constructed is larger than 10,000
606	gross square feet;
607	b.  A state-funded renovation project that involves more
608	than 50 percent of the replacement value of an existing facility
609	or a change in occupancy; or
610	c.  A state-funded commercial interior tenant fit-out
611	project that is larger than 7,500 square feet of leasable area.
612	2.  The term "major facility project" does not include:
613	a.  Projects for which the department, public school
614	district, or other applicable agency and the design team
615	determine the LEED silver standard or a nationally recognized
616	standard of an equivalent ranking to be not practicable; or
617	b.  Transmitter buildings; pumping stations; hospitals;
618	research facilities primarily used for sponsored laboratory
619	experimentation, laboratory research, or laboratory training in
620	research methods; or other similar building types as determined
621	by the department.
622	(i)  "Public agency" means every state office, officer,
623	board, commission, committee, bureau, department, and public
624	higher education institution.
625	(j)  "Sustainable building" means a building that is
626	healthy and comfortable for its occupants and is economical to
627	operate while conserving resources, including energy, water, raw
628	materials, and land, and minimizing the generation of toxic
629	materials and waste in its design, construction, landscaping,
630	and operation.
631	(k)  "Third-party commissioning agent" means a person
632	accredited by the council or initiative with expertise in
633	building system performance who analyzes, evaluates, and
634	confirms the proper function and performance of a high-
635	performance building and its systems, equipment, and indoor air
636	quality. To qualify as a third-party commissioning agent, a
637	person must not have participated in the original certification
638	of the major facility project or renovation project.
639	(4)  MAJOR FACILITY CONSTRUCTION.--All major facility
640	projects funded with state moneys shall be constructed as a
641	sustainable building meeting the council's LEED rating system,
642	the initiative's Green Globes Rating System, or a nationally
643	recognized, high-performance green building rating system as
644	approved by the department. This section applies to all major
645	facility projects for which the architectural plans started
646	after July 1, 2008.
647	553.9993  Public buildings; educational facilities.--
648	(1)  The Legislature finds that public buildings and
649	educational facilities can be built and renovated using high-
650	performance methods that save money, improve workplace and
651	classroom performance, and make workers and students more
652	productive. High-performance public buildings and educational
653	facilities are proven to increase student test scores, reduce
654	worker absenteeism, and cut energy and utility costs.
655	(2)(a)  All major facility projects of public agencies
656	receiving any funding in a state capital budget, or projects
657	financed through a financing contract, must be designed,
658	constructed, and certified to at least the LEED silver standard
659	or a nationally recognized standard of an equivalent ranking.
660	This paragraph applies to major facility projects that have not
661	entered the design phase prior to the effective date of this
662	part and to the extent appropriate LEED silver standards or
663	nationally recognized standards of an equivalent ranking exist
664	for that type of building or facility.
665	(b)  All major facility projects of any entity other than a
666	public agency or public school district receiving any funding in
667	a state capital budget must be designed, constructed, and
668	certified to at least the LEED silver standard or an a
669	nationally recognized standard of an equivalent ranking. This
670	paragraph applies to major facility projects that have not
671	entered the grant application process prior to the effective
672	date of this part and to the extent appropriate LEED silver
673	standards or nationally recognized standards of an equivalent
674	ranking exist for that type of building or facility.
675	(c)1.  Public agencies shall monitor and document ongoing
676	operating savings resulting from major facility projects
677	designed, constructed, and certified as required under this
678	section.
679	2.  Public agencies shall report annually to the department
680	on major facility projects and operating savings.
681	(d)  The department shall consolidate the reports required
682	in paragraph (c) into one report and report to the Governor, the
683	President of the Senate, and the Speaker of the House of
684	Representatives by September 1 of each even-numbered year
685	beginning in 2010 and ending in 2020. In its report, the
686	department shall also report on the implementation of this part,
687	including reasons why the LEED standard or a nationally
688	recognized standard of an equivalent ranking was not used. The
689	department shall make recommendations regarding the ongoing
690	implementation of this part, including a discussion of
691	incentives and disincentives related to implementing this part.
692	(3)  A member of the design team or construction team may
693	not be held liable for the failure of a major facility project
694	to meet the LEED silver standard, or other LEED standard, or a
695	nationally recognized standard of an equivalent ranking
696	established for the project as long as a good faith attempt was
697	made to achieve the LEED or equivalent standard set for the
698	project.
699	(4)  Except as provided in this section, affordable housing
700	projects funded out of the state capital budget are exempt from
701	the provisions of this part. On or before July 1, 2012, the
702	Department of Community Affairs shall identify, implement, and
703	apply a sustainable building program for affordable housing
704	projects that receive housing trust fund funding in the state
705	capital budget. The Department of Community Affairs shall not
706	develop its own sustainable building standard, but shall work
707	with stakeholders to adopt an existing sustainable building
708	standard or criteria appropriate for affordable housing. Any
709	application of the program to affordable housing, including any
710	monitoring to track the performance of either sustainable
711	features or energy standards or both, is the responsibility of
712	the Department of Community Affairs. Beginning in 2013 and
713	ending in 2020, the Department of Community Affairs shall report
714	to the department as required under paragraph (2)(c).
715	(5)(a)  The Office of Program Policy Analysis and
716	Government Accountability, or a successor agency, shall conduct
717	a performance review of the high-performance buildings program
718	established under this part.
719	(b)  The performance audit shall include, but not be
720	limited to:
721	1.  The identification of the costs of implementation of
722	high-performance building standards in the design and
723	construction of major facility projects subject to this part.
724	2.  The identification of operating savings attributable to
725	the implementation of high-performance building standards,
726	including, but not limited to, savings in energy, utility, and
727	maintenance costs.
728	3.  The identification of any impacts of high-performance
729	buildings standards on worker productivity and student
730	performance.
731	4.  An evaluation of the effectiveness of the high-
732	performance building standards established under this part and
733	recommendations for any changes in those standards that may be
734	supported by the office's findings.
735	(c)  The office shall make a preliminary report of its
736	findings and recommendations on or before December 1, 2014, and
737	a final report on or before July 1, 2015.
738	553.9995  Florida Green Building Council.--
739	(1)  The Florida Green Building Council is created and
740	shall be located within the Department of Community Affairs for
741	administrative purposes. The commission shall be composed of 15
742	members, consisting of:
743	(a)  The Secretary of Community Affairs or the secretary's
744	designee.
745	(b)  The Secretary of Management Services or the
746	secretary's designee.
747	(c)  The Chief Financial Officer or the Chief Financial
748	Officer's designee.
749	(d)  The Secretary of Environmental Protection or the
750	secretary's designee.
751	(e)  The Commissioner of Agriculture or the commissioner's
752	designee.
753	(f)  The Secretary of Transportation or the secretary's
754	designee.
755	(g)  The Commissioner of Education or the commissioner's
756	designee.
757	(h)  The Chancellor of the State University System or the
758	chancellor's designee.
759	(i)  Seven members who shall be appointed by the Governor
760	to represent environmental, business, and citizen interests, at
761	least one of whom shall have expertise in energy conservation or
762	green building design standards. The terms of members appointed
763	by the Governor shall be 2 years. The terms of appointed members
764	shall be staggered. At the end of a term, a member shall serve
765	until his or her successor is appointed and qualifies. A member
766	who is appointed after a term has begun shall serve only for the
767	remainder of that term and until a successor is appointed and
768	qualifies.
769	(2)  The Governor shall appoint a chair from among the
770	council's membership and the chair shall serve at the pleasure
771	of the Governor.
772	(3)  The council may act with an affirmative vote of eight
773	members.
774	(4)  Any member who, during his or her term, ceases to meet
775	the qualifications for original appointment shall forfeit
776	membership on the council.
777	(5)  Members of the council shall serve without
778	compensation but shall be entitled to reimbursement for per diem
779	and travel expenses as provided by s. 112.061.
780	(6)  Each appointed member is accountable to the Governor
781	for the proper performance of the duties of the office. The
782	Governor shall cause to be investigated any complaint or
783	unfavorable report received concerning an action of or any
784	member of the council and shall take appropriate action upon
785	receiving the results of such investigation. The Governor may
786	remove from office any appointed member for malfeasance,
787	misfeasance, neglect of duty, incompetence, permanent inability
788	to perform official duties, or pleading guilty or nolo
789	contendere to, or being found guilty of, a felony.
790	Section 5.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.