On December 5, 2016 the Orlando City Council unanimously passed Ordinance No. 2016-64. The law requires city-owned buildings over 10,000 gross square feet and privately-owned building over 50,000 gross square feet to benchmark their buildings annually. Building owners must also conduct an energy audit or retrocommissioning every five years, unless their building received an ENERGY STAR score at or above 50.
Building Types Affected
Greater Than or Equal To 10,000 Sq. Feet
Greater Than or Equal To 50,000 Sq. Feet
Benchmarking is not required for a city property if:
1) the property does not have a certificate of occupancy or temporary certificate of occupancy for the full calendar year being benchmarked, or
2) full demolition permit has been issued during the previous calendar year, provided that demolition work has commenced, some energy-related systems have been compromised and legal occupancy is no longer possible prior to May 1, or
3) the property does not receive utility services
Benchmarking is not required for a non-city property if:
1) it meets any of the exemptions defined for a covered city property, or
2) the director determines that, due to special circumstances unique to the4 applicant's facility and not based on a condition caused by actions of the applicant, strict compliance with provisions of this ordinance would cause undue hardship or would not be in the public interest; or
3) the property qualifies as having a financial hardship; or
4) the property is considered “industry,” “manufacturing,” or is part of a theme park; or
5) substantially all of such non-city property is used for telecommunications infrastructure; or
6) more than 3 meters are associated with the covered non-city property, and,
(i) the electric utility does not provide whole-building data aggregation services, and,
(ii) the owner does not have access to master meters or other means. Once such services are available from the utility, as determined by the office, such buildings will no longer be exempt from benchmarking requirements, and such buildings shall file initial benchmarking reports in the year following such data availability according to the schedule established in this part.
Number of Buildings Affected:
Floor Area Affected:
125,600,000 Sq. Feet
The Director shall publish a report on the benchmarking of all covered properties including an assessment of compliance rates, an assessment of accuracy and issues affecting accuracy, summary energy consumption statistics, and trends observed, including an assessment of changes across the portfolio over time.
Beginning in 2025 and annually thereafter the Director shall make public a report on the progress of auditing for all covered properties, including but not limited to compliance rates, trends observed, correlations of benchmarking scores and recommended measures, the impact of audits on EUIs and ENERGY STAR Scores before and after, and recommendations on how the audit implementation could be improved or the uptake of energy conservation measures increased.
The Orlando Utility Commission is expected to provide whole building utility data to building owners and provide a free energy audit that meets the requirements of the ordinance.
Benchmarking must be conducted by a qualified benchmarker defined as an individual or entity that possesses a benchmarking certification or other credential approved by the director. Qualified benchmarkers include Registered Architects, Professionals Engineers licensed in the State of Florida, Certified Energy Managers, Certified Facilities Managers, Building Energy Audits Professionals, Individuals with a Certificate of Proficiency of Benchmarking, Real Property Administrators, Facilities Management Administrators, System Maintenance Administrators, System Maintenance Technicians, High Performance Managers, Certified Healthcare Facility Managers, Certified Plant Maintenance Managers, or designated staff with at least three years of professional experience performing benchmarking and energy audits on similar types of buildings, or additional credentials approved by the director.
Additional Program Information:
Audit process should be at least as stringent as or comparable to ASHRAE Level 2. Eligible audits such as the ASHRAE Building Energy Quotient (bEQ) and/or the free commercial audit offered by a utility provider will be allowed to comply with the audit requirements.
An owner may substitute a retrocommissioning for the energy audit requirement.