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



                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Albright offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Paragraph (b) of subsection (2) and

18  paragraph (b) of subsection (3) of section 206.9935, Florida

19  Statutes, is amended to read:

20         206.9935  Taxes imposed.--

21         (2)  TAX FOR WATER QUALITY.--

22         (a)1.  There is hereby levied an excise tax for the

23  privilege of producing in, importing into, or causing to be

24  imported into this state pollutants for sale, use, or

25  otherwise.

26         2.  The tax shall be imposed only once on each barrel

27  or other unit of pollutant, other than petroleum products,

28  when first produced in or imported into this state. The tax on

29  pollutants first imported into or produced in this state shall

30  be imposed when the product is first sold or first removed

31  from storage.  The tax shall be paid and remitted by any

                                  1

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  person who is licensed by the department to engage in the

  2  production or importation of motor fuel, diesel fuel, aviation

  3  fuel, or other pollutants.

  4         3.  The tax shall be imposed on petroleum products and

  5  remitted to the department in the same manner as the motor

  6  fuel tax imposed pursuant to s. 206.41.

  7         (b)  The excise tax shall be the applicable rate as

  8  specified in subparagraph 1. per barrel or per unit of

  9  pollutant, or equivalent measure as established by the

10  department, produced in or imported into the state.  If the

11  unobligated balance of the Water Quality Assurance Trust Fund

12  is or falls below $3 million, the tax shall be increased to

13  the applicable rates specified in subparagraph 2. and shall

14  remain at said rates until the unobligated balance in the fund

15  exceeds $5 million, at which time the tax shall be imposed at

16  the rates specified in subparagraph 1. If the unobligated

17  balance of the fund exceeds $12 million, the levy of the tax

18  shall be discontinued until the unobligated balance of the

19  fund falls below $5 million, at which time the tax shall be

20  imposed at the rates specified in subparagraph 1.  Changes in

21  the tax rates pursuant to this paragraph shall take effect on

22  the first day of the month after 30 days' notification to the

23  Department of Revenue when the unobligated balance of the fund

24  falls below or exceeds a limit set pursuant to this paragraph.

25  The unobligated balance of the Water Quality Assurance Trust

26  Fund as it relates to determination of the applicable excise

27  tax rate shall exclude the unobligated balances of funds of

28  the Dry Cleaning, Operator Certification, and nonagricultural

29  nonpoint source programs, and other required reservations of

30  fund balance.  The unobligated balance in the Water Quality

31  Assurance Trust Fund is based upon the current unreserved fund

                                  2

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  balance, projected revenues, authorized legislative

  2  appropriations, and funding for the department's base budget

  3  for the subsequent fiscal year.  Determination of the

  4  unobligated balance of the Water Quality Assurance Trust Fund

  5  shall be performed annually subsequent to the annual

  6  legislative appropriations becoming law.

  7         1.  As provided in this paragraph, the tax shall be

  8  2.36 cents per gallon of solvents, 1 cent per gallon of motor

  9  oil or other lubricants, and 2 cents per barrel of petroleum

10  products, pesticides, ammonia, and chlorine.

11         2.  As provided in this paragraph, the tax shall be 5.9

12  cents per gallon of solvents, 2.5 cents per gallon of motor

13  oil or other lubricants, 2 cents per barrel of ammonia, and 5

14  cents per barrel of petroleum products, pesticides, and

15  chlorine. ingestion.

16         (3)  TAX FOR INLAND PROTECTION.--

17         (a)1.  There is hereby levied an excise tax for the

18  privilege of producing in, importing into, or causing to be

19  imported into this state pollutants for sale, use, or

20  otherwise.

21         2.  The tax shall be imposed only once on each barrel

22  of pollutant produced in or imported into this state in the

23  same manner as the motor fuel tax imposed pursuant to s.

24  206.41.  The tax shall be paid or remitted by any person who

25  is licensed by the department to engage in the production or

26  importation of motor fuel, diesel fuel, aviation fuel, or

27  other pollutants.

28         (b)1.  The excise tax per barrel of pollutant, or

29  equivalent measure as established by the department, produced

30  in or imported into this state shall be:

31         a.  Thirty cents if the unobligated balance of the fund

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  is between $100 million and $150 million.

  2         b.  Sixty cents if the unobligated balance of the fund

  3  is above $50 million, but below $100 million.

  4         c.  Eighty cents if the unobligated balance of the fund

  5  is $50 million or less.

  6         2.  Any change in the tax rate shall be effective for a

  7  minimum of 6 months, unless the unobligated balance of the

  8  fund requires that a higher rate be levied.

  9         3.  If the unobligated balance of the fund exceeds $150

10  million, the tax shall be discontinued until such time as the

11  unobligated balance of the fund reaches $100 million.

12         4.  The Secretary of Environmental Protection shall

13  immediately notify the Department of Revenue when the

14  unobligated balance of the fund falls below or exceeds an

15  amount set herein. Changes in the tax rates pursuant to this

16  subsection shall take effect on the first day of the month

17  after 30 days' notification to the Department of Revenue by

18  the Secretary of Environmental Protection when the unobligated

19  balance of the fund falls below or exceeds a limit set

20  pursuant to this subsection. The unobligated balance of the

21  Inland Protection Trust Fund as it relates to determination of

22  the applicable excise tax rate shall exclude any required

23  reservations of fund balance.  The unobligated balance of the

24  Inland Protection Trust Fund is based upon the current

25  unreserved fund balance, projected revenues, authorized

26  legislative appropriations, and funding for the department's

27  base budget for the subsequent fiscal year.  Determination of

28  the unobligated balance of the Inland Protection Trust Fund

29  shall be performed annually subsequent to the annual

30  legislative appropriations becoming law.

31         (c)  This subsection shall be reviewed by the

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  Legislature during the 1998 regular legislative session.

  2         Section 2.  Subsections (4) and (7) of section 252.87,

  3  Florida Statutes, are amended to read:

  4         252.87  Supplemental state reporting requirements.--

  5         (4)  Each employer that owns or operates a facility in

  6  this state at which hazardous materials are present in

  7  quantities at or above the thresholds established under ss.

  8  311(b) and 312(b) of EPCRA shall comply with the reporting

  9  requirements of ss. 311 and 312 of EPCRA.  Such employer shall

10  also be responsible for notifying the department, the local

11  emergency planning committee and the local fire department in

12  writing within 30 days if there is a discontinuance or

13  abandonment of the employer's business activities that could

14  affect any stored hazardous materials.

15         (7)  The department shall avoid duplicative reporting

16  requirements by utilizing the reporting requirements of other

17  state agencies that regulate hazardous materials to the extent

18  feasible and shall only request the necessary information

19  authorized required under EPCRA or required to implement the

20  fee provisions of this part. With the advice and consent of

21  the State Emergency Response Commission for Hazardous

22  Materials, the department may require by rule that the maximum

23  daily amount entry on the chemical inventory report required

24  under s. 312 of EPCRA provide for reporting in estimated

25  actual amounts.  The department may also require by rule an

26  entry for the Federal Employer Identification Number on this

27  report.  To the extent feasible, the department shall

28  encourage and accept required information in a form initiated

29  through electronic data interchange and shall describe by rule

30  the format, manner of execution, and method of electronic

31  transmission necessary for using such form. To the extent

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  feasible, the Department of Insurance, the Department of

  2  Agriculture and Consumer Services, the Department of

  3  Environmental Protection, the Public Service Commission, the

  4  Department of Revenue, the Department of Labor and Employment

  5  Security, and other state agencies which regulate hazardous

  6  materials shall coordinate with the department in order to

  7  avoid duplicative requirements contained in each agency's

  8  respective reporting or registration forms. The other state

  9  agencies that inspect facilities storing hazardous materials

10  and suppliers and distributors of covered substances shall

11  assist the department in informing the facility owner or

12  operator of the requirements of this part. The department

13  shall provide the other state agencies with the necessary

14  information and materials to inform the owners and operators

15  of the requirements of this part to ensure that the budgets of

16  these agencies are not adversely affected.

17         Section 3.  Subsection (5) of section 288.047, Florida

18  Statutes, is amended to read:

19         288.047  Quick-response training for economic

20  development.--

21         (5)  For the first 6 months of each fiscal year,

22  Enterprise Florida, Inc., shall set aside 30 percent of the

23  amount appropriated for the Quick-Response Training Program by

24  the Legislature to fund instructional programs for businesses

25  located in an enterprise zone or brownfield area to instruct

26  residents of an enterprise zone. Any unencumbered funds

27  remaining undisbursed from this set-aside at the end of the

28  6-month period may be used to provide funding for any program

29  qualifying for funding pursuant to this section.

30         Section 4.  Section 288.107, Florida Statutes, is

31  amended to read:

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         288.107  Brownfield redevelopment bonus refunds.--

  2         (1)  DEFINITIONS.--As used in this section:

  3         (a)  "Account" means the Economic Development

  4  Incentives Account as authorized in s. 288.095.

  5         (b)  "Brownfield sites" means sites that are generally

  6  abandoned, idled, or underused industrial and commercial

  7  properties where expansion or redevelopment is complicated by

  8  actual or perceived environmental contamination.

  9         (c)  "Brownfield area" means a contiguous area of one

10  or more brownfield sites, some of which may not be

11  contaminated, and which has been designated by a local

12  government by resolution. Such areas may include all or

13  portions of community redevelopment areas, enterprise zones,

14  empowerment zones, other such designated economically deprived

15  communities and areas, and

16  Environmental-Protection-Agency-designated brownfield pilot

17  projects.

18         (d)  "Director" means the director of the Office of

19  Tourism, Trade, and Economic Development.

20         (e)  "Eligible business" means a qualified target

21  industry business as defined in s. 288.106(2)(o) or other

22  business that can demonstrate a fixed capital investment of at

23  least $2 million in mixed-use business activities, including

24  multiunit housing, commercial, retail, and industrial in

25  brownfield areas and which pays wages that are at least 80

26  percent of the average of all private sector wages in the

27  county in which the business is located.

28         (f)  "Jobs" means full-time equivalent positions,

29  consistent with the use of such terms by the Department of

30  Labor and Employment Security for the purpose of unemployment

31  compensation tax, resulting directly from a project in this

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  state.  This number does not include temporary construction

  2  jobs involved with the construction of facilities for the

  3  project and which are not associated with the implementation

  4  of the site rehabilitation as provided in s. 376.80.

  5         (g)  "Office" means the Office of Tourism, Trade, and

  6  Economic Development.

  7         (h)  "Project" means the creation of a new business or

  8  the expansion of an existing business as defined in s.

  9  288.106.

10         (2)  BROWNFIELD REDEVELOPMENT BONUS REFUND.--There

11  shall be allowed from the account a bonus refund of $2,500 to

12  any qualified target industry business or other eligible

13  business as defined in paragraph (1)(e) for each new Florida

14  job created in a brownfield which is claimed on the qualified

15  target industry business's annual refund claim authorized in

16  s. 288.106(6) or other similar annual claim procedure for

17  other eligible business as defined in paragraph (1)(e) and

18  approved by the office as specified in the final order issued

19  by the director.

20         (3)  CRITERIA.--The minimum criteria for participation

21  in the brownfield redevelopment bonus refund are:

22         (a)  The creation of at least 10 new full-time

23  permanent jobs.  Such jobs shall not include construction or

24  site rehabilitation jobs associated with the implementation of

25  a brownfield site agreement as described in s. 376.80(5).

26         (b)  The completion of a fixed capital investment of at

27  least $2 million in mixed-use business activities, including

28  multiunit housing, commercial, retail, and industrial in

29  brownfield areas and which pay wages that are at least 80

30  percent of the average of all private sector wages in the

31  county in which the business is located.

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         (c)(b)  That the designation as a brownfield will

  2  diversify and strengthen the economy of the area surrounding

  3  the site.

  4         (d)(c)  That the designation as a brownfield will

  5  promote capital investment in the area beyond that

  6  contemplated for the rehabilitation of the site.

  7         (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS

  8  REFUNDS.--

  9         (a)  To be eligible to receive a bonus refund for new

10  Florida jobs created in a brownfield, a business must have

11  been certified as a qualified target industry business under

12  s. 288.106 or eligible business as defined in paragraph (1)(e)

13  and must have indicated on the qualified target industry tax

14  refund application form submitted in accordance with s.

15  288.106(4) or other similar agreement for other eligible

16  business as defined in paragraph (1)(e) that the project for

17  which the application is submitted is or will be located in a

18  brownfield and that the business is applying for certification

19  as a qualified brownfield business under this section, and

20  must have signed a qualified target industry tax refund

21  agreement with the office which indicates that the business

22  has been certified as a qualified target industry business

23  located in a brownfield and specifies the schedule of

24  brownfield redevelopment bonus refunds that the business may

25  be eligible to receive in each fiscal year.

26         (b)  To be considered to receive an eligible brownfield

27  redevelopment bonus refund payment, the business meeting the

28  requirements of paragraph (a) must submit a claim once each

29  fiscal year on a claim form approved by the office which

30  indicates the location of the brownfield, the address of the

31  business facility's brownfield location, the name of the

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  brownfield in which it is located, the number of jobs created,

  2  and the average wage of the jobs created by the business

  3  within the brownfield as defined in s. 288.106 or other

  4  eligible business as defined in paragraph (1)(e) and the

  5  administrative rules and policies for that section.

  6         (c)  The bonus refunds shall be available on the same

  7  schedule as the qualified target industry tax refund payments

  8  scheduled in the qualified target industry tax refund

  9  agreement authorized in s. 288.106 or other similar agreement

10  for other eligible businesses as defined in paragraph (1)(e).

11         (d)  After entering into a tax refund agreement as

12  provided in s. 288.106 or other similar agreement for other

13  eligible businesses as defined in paragraph (1)(e), an

14  eligible business may receive brownfield redevelopment bonus

15  refunds from the account pursuant to s. 288.106(3)(c).

16         (e)  An eligible business that fraudulently claims a

17  refund under this section:

18         1.  Is liable for repayment of the amount of the refund

19  to the account, plus a mandatory penalty in the amount of 200

20  percent of the tax refund, which shall be deposited into the

21  General Revenue Fund.

22         2.  Commits a felony of the third degree, punishable as

23  provided in s. 775.082, s. 775.083, or s. 775.084.

24         (f)  The office shall review all applications submitted

25  under s. 288.106 or other similar application forms for other

26  eligible businesses as defined in paragraph (1)(e) which

27  indicate that the proposed project will be located in a

28  brownfield and determine, with the assistance of the

29  Department of Environmental Protection, that the project

30  location is within a brownfield as provided in this act.

31         (g)  The office shall approve all claims for a

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  brownfield redevelopment bonus refund payment that are found

  2  to meet the requirements of paragraphs (b) and (d).

  3         (h)  The director, with such assistance as may be

  4  required from the office and the Department of Environmental

  5  Protection, shall specify by written final order the amount of

  6  the brownfield redevelopment bonus refund that is authorized

  7  for the qualified target industry business for the fiscal year

  8  within 30 days after the date that the claim for the annual

  9  tax refund is received by the office.

10         (i)  The total amount of the bonus refunds approved by

11  the director under this section in any fiscal year must not

12  exceed the total amount appropriated to the Economic

13  Development Incentives Account for this purpose for the fiscal

14  year.  In the event that the Legislature does not appropriate

15  an amount sufficient to satisfy projections by the office for

16  brownfield redevelopment bonus refunds under this section in a

17  fiscal year, the office shall, not later than July 15 of such

18  year, determine the proportion of each brownfield

19  redevelopment bonus refund claim which shall be paid by

20  dividing the amount appropriated for tax refunds for the

21  fiscal year by the projected total of brownfield redevelopment

22  bonus refund claims for the fiscal year. The amount of each

23  claim for a brownfield redevelopment bonus tax refund shall be

24  multiplied by the resulting quotient.  If, after the payment

25  of all such refund claims, funds remain in the Economic

26  Development Incentives Account for brownfield redevelopment

27  tax refunds, the office shall recalculate the proportion for

28  each refund claim and adjust the amount of each claim

29  accordingly.

30         (j)  Upon approval of the brownfield redevelopment

31  bonus refund, payment shall be made for the amount specified

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  in the final order.  If the final order is appealed, payment

  2  may not be made for a refund to the qualified target industry

  3  business until the conclusion of all appeals of that order.

  4         (5)  ADMINISTRATION.--

  5         (a)  The office is authorized to verify information

  6  provided in any claim submitted for tax credits under this

  7  section with regard to employment and wage levels or the

  8  payment of the taxes to the appropriate agency or authority,

  9  including the Department of Revenue, the Department of Labor

10  and Employment Security, or any local government or authority.

11         (b)  To facilitate the process of monitoring and

12  auditing applications made under this program, the office may

13  provide a list of qualified target industry businesses to the

14  Department of Revenue, to the Department of Labor and

15  Employment Security, to the Department of Environmental

16  Protection, or to any local government authority.  The office

17  may request the assistance of those entities with respect to

18  monitoring the payment of the taxes listed in s. 288.106(3).

19         Section 5.  Paragraph (b) of subsection (3) of section

20  288.905, Florida Statutes, is amended to read:

21         288.905  Duties of the board of directors of Enterprise

22  Florida, Inc.--

23         (3)

24         (b)1.  The strategic plan required under this section

25  shall include specific provisions for the stimulation of

26  economic development and job creation in rural areas and

27  midsize cities and counties of the state.

28         2.  Enterprise Florida, Inc., shall involve local

29  governments, local and regional economic development

30  organizations, and other local, state, and federal economic,

31  international, and workforce development entities, both public

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  and private, in developing and carrying out policies,

  2  strategies, and programs, seeking to partner and collaborate

  3  to produce enhanced public benefit at a lesser cost.

  4         3.  Enterprise Florida, Inc., shall involve rural,

  5  urban, small-business, and minority-business development

  6  agencies and organizations, both public and private, in

  7  developing and carrying out policies, strategies, and

  8  programs.

  9         4.  Enterprise Florida, Inc., shall develop a

10  comprehensive marketing plan for redevelopment of brownfield

11  areas designated pursuant to s. 376.80. The plan must include,

12  but is not limited to, strategies to distribute information

13  about current designated brownfield areas and the available

14  economic incentives for redevelopment of brownfield areas.

15  Such strategies are to be used in the promotion of business

16  formation, expansion, recruitment, retention, and workforce

17  development programs.

18         Section 6.  Subsection (6) of section 376.051, Florida

19  Statutes, is added to said section to read:

20         376.051  Powers and duties of the Department of

21  Environmental Protection.--

22         (6)  The department is specifically authorized to

23  utilize risk-based cleanup criteria as described in ss.

24  376.3071, 376.3078, and 376.81 in conducting cleanups on lands

25  owned by the state university system.

26         Section 7.  Section 376.301, Florida Statutes, is

27  amended to read:

28         376.301  Definitions of terms used in ss.

29  376.30-376.319, 376.70, and 376.75.--When used in ss.

30  376.30-376.319, 376.70, and 376.75, unless the context clearly

31  requires otherwise, the term:

                                  13

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         (1)  "Aboveground hazardous substance tank" means any

  2  stationary aboveground storage tank and onsite integral piping

  3  that contains hazardous substances which are liquid at

  4  standard temperature and pressure and has an individual

  5  storage capacity greater than 110 gallons.

  6         (2)  "Additive effects" means a scientific principle

  7  that the toxicity that occurs as a result of exposure is the

  8  sum of the toxicities of the individual chemicals to which the

  9  individual is exposed.

10         (3)  "Antagonistic effects" means a scientific

11  principle that the toxicity that occurs as a result of

12  exposure is less than the sum of the toxicities of the

13  individual chemicals to which the individual is exposed.

14         (4)  "Backlog" means reimbursement obligations incurred

15  pursuant to s. 376.3071(12), prior to March 29, 1995, or

16  authorized for reimbursement under the provisions of s.

17  376.3071(12), pursuant to chapter 95-2, Laws of Florida.

18  Claims within the backlog are subject to adjustment, where

19  appropriate.

20         (5)  "Barrel" means 42 U.S. gallons at 60 degrees

21  Fahrenheit.

22         (6)  "Bulk product facility" means a waterfront

23  location with at least one aboveground tank with a capacity

24  greater than 30,000 gallons which is used for the storage of

25  pollutants.

26         (7)  "Cattle-dipping vat" means any structure,

27  excavation, or other facility constructed by any person, or

28  the site where such structure, excavation, or other facility

29  once existed, for the purpose of treating cattle or other

30  livestock with a chemical solution pursuant to or in

31  compliance with any local, state, or federal governmental

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  program for the prevention, suppression, control, or

  2  eradication of any dangerous, contagious, or infectious

  3  diseases.

  4         (8)  "Compression vessel" means any stationary

  5  container, tank, or onsite integral piping system, or

  6  combination thereof, which has a capacity of greater than 110

  7  gallons, that is primarily used to store pollutants or

  8  hazardous substances above atmospheric pressure or at a

  9  reduced temperature in order to lower the vapor pressure of

10  the contents. Manifold compression vessels that function as a

11  single vessel shall be considered as one vessel.

12         (9)  "Contaminant" means any physical, chemical,

13  biological, or radiological substance present in any medium

14  which may result in adverse effects to human health or the

15  environment or which creates an adverse nuisance,

16  organoleptic, or aesthetic condition in groundwater.

17         (10)  "Contaminated site" means any contiguous land,

18  sediment, surface water, or groundwater areas that contain

19  contaminants that may be harmful to human health or the

20  environment.

21         (11)  "Department" means the Department of

22  Environmental Protection.

23         (12)  "Discharge" includes, but is not limited to, any

24  spilling, leaking, seeping, pouring, misapplying, emitting,

25  emptying, releasing, or dumping of any pollutant or hazardous

26  substance which occurs and which affects lands and the surface

27  and ground waters of the state not regulated by ss.

28  376.011-376.21.

29         (13)  "Drycleaning facility" means a commercial

30  establishment that operates or has at some time in the past

31  operated for the primary purpose of drycleaning clothing and

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  other fabrics utilizing a process that involves any use of

  2  drycleaning solvents. The term "drycleaning facility" includes

  3  laundry facilities that use drycleaning solvents as part of

  4  their cleaning process. The term does not include a facility

  5  that operates or has at some time in the past operated as a

  6  uniform rental company or a linen supply company regardless of

  7  whether the facility operates as or was previously operated as

  8  a drycleaning facility.

  9         (14)  "Drycleaning solvents" means any and all

10  nonaqueous solvents used in the cleaning of clothing and other

11  fabrics and includes perchloroethylene (also known as

12  tetrachloroethylene) and petroleum-based solvents, and their

13  breakdown products. For purposes of this definition,

14  "drycleaning solvents" only includes those drycleaning

15  solvents originating from use at a drycleaning facility or by

16  a wholesale supply facility.

17         (15)  "Dry drop-off facility" means any commercial

18  retail store that receives from customers clothing and other

19  fabrics for drycleaning or laundering at an offsite

20  drycleaning facility and that does not clean the clothing or

21  fabrics at the store utilizing drycleaning solvents.

22         (16)  "Engineering controls" means modifications to a

23  site to reduce or eliminate the potential for exposure to

24  petroleum products' chemicals of concern, drycleaning

25  solvents, or other contaminants.  Such modifications may

26  include, but are not limited to, physical or hydraulic control

27  measures, capping, point of use treatments, or slurry walls.

28         (17)  "Wholesale supply facility" means a commercial

29  establishment that supplies drycleaning solvents to

30  drycleaning facilities.

31         (18)  "Facility" means a nonresidential location

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  containing, or which contained, any underground stationary

  2  tank or tanks which contain hazardous substances or pollutants

  3  and have individual storage capacities greater than 110

  4  gallons, or any aboveground stationary tank or tanks which

  5  contain pollutants which are liquids at standard ambient

  6  temperature and pressure and have individual storage

  7  capacities greater than 550 gallons. This subsection shall not

  8  apply to facilities covered by chapter 377, or containers

  9  storing solid or gaseous pollutants, and agricultural tanks

10  having storage capacities of less than 550 gallons.

11         (19)  "Flow-through process tank" means an aboveground

12  tank that contains hazardous substances or specified mineral

13  acids as defined in s. 376.321 and that forms an integral part

14  of a production process through which there is a steady,

15  variable, recurring, or intermittent flow of materials during

16  the operation of the process.  Flow-through process tanks

17  include, but are not limited to, seal tanks, vapor recovery

18  units, surge tanks, blend tanks, feed tanks, check and delay

19  tanks, batch tanks, oil-water separators, or tanks in which

20  mechanical, physical, or chemical change of a material is

21  accomplished.

22         (20)  "Hazardous substances" means those substances

23  defined as hazardous substances in the Comprehensive

24  Environmental Response, Compensation and Liability Act of

25  1980, Pub. L. No. 96-510, 94 Stat. 2767, as amended by the

26  Superfund Amendments and Reauthorization Act of 1986.

27         (21)  "Institutional controls" means the restriction on

28  use or access to a site to eliminate or minimize exposure to

29  petroleum products' chemicals of concern, drycleaning

30  solvents, or other contaminants.  Such restrictions may

31  include, but are not limited to, deed restrictions,

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  restrictive covenants, or conservation easements use

  2  restrictions, or restrictive zoning.

  3         (22)  "Laundering on a wash, dry, and fold basis" means

  4  the service provided by the owner or operator of a

  5  coin-operated laundry to its customers whereby an employee of

  6  the laundry washes, dries, and folds laundry for its

  7  customers.

  8         (23)  "Marine fueling facility" means a commercial or

  9  recreational coastal facility, excluding a bulk product

10  facility, providing fuel to vessels.

11         (24)  "Natural attenuation" means a verifiable an

12  approach to site rehabilitation that allows natural processes

13  to contain the spread of contamination and reduce the

14  concentrations of contaminants in contaminated groundwater and

15  soil. Natural attenuation processes may include the following:

16  sorption, biodegradation, chemical reactions with subsurface

17  materials, diffusion, dispersion, and volatilization.

18         (25)  "Operator" means any person operating a facility,

19  whether by lease, contract, or other form of agreement.

20         (26)  "Owner" means any person owning a facility.

21         (27)  "Person" means any individual, partner, joint

22  venture, or corporation; any group of the foregoing, organized

23  or united for a business purpose; or any governmental entity.

24         (28)  "Person in charge" means the person on the scene

25  who is in direct, responsible charge of a facility from which

26  pollutants are discharged, when the discharge occurs.

27         (29)  "Person responsible for conducting site

28  rehabilitation" means the site owner, operator, or the person

29  designated by the site owner or operator on the reimbursement

30  application.  Mortgage holders and trust holders may be

31  eligible to participate in the reimbursement program pursuant

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  to s. 376.3071(12).

  2         (30)  "Petroleum" includes:

  3         (a)  Oil, including crude petroleum oil and other

  4  hydrocarbons, regardless of gravity, which are produced at the

  5  well in liquid form by ordinary methods and which are not the

  6  result of condensation of gas after it leaves the reservoir;

  7  and

  8         (b)  All natural gas, including casinghead gas, and all

  9  other hydrocarbons not defined as oil in paragraph (a).

10         (31)  "Petroleum product" means any liquid fuel

11  commodity made from petroleum, including, but not limited to,

12  all forms of fuel known or sold as diesel fuel, kerosene, all

13  forms of fuel known or sold as gasoline, and fuels containing

14  a mixture of gasoline and other products, excluding liquefied

15  petroleum gas and American Society for Testing and Materials

16  (ASTM) grades no. 5 and no. 6 residual oils, bunker C residual

17  oils, intermediate fuel oils (IFO) used for marine bunkering

18  with a viscosity of 30 and higher, asphalt oils, and

19  petrochemical feedstocks.

20         (32)  "Petroleum products' chemicals of concern" means

21  the constituents of petroleum products, including, but not

22  limited to, xylene, benzene, toluene, ethylbenzene,

23  naphthalene, and similar chemicals, and constituents in

24  petroleum products, including, but not limited to, methyl

25  tert-butyl ether (MTBE), lead, and similar chemicals found in

26  additives, provided the chemicals of concern are present as a

27  result of a discharge of petroleum products.

28         (33)  "Petroleum storage system" means a stationary

29  tank not covered under the provisions of chapter 377, together

30  with any onsite integral piping or dispensing system

31  associated therewith, which is used, or intended to be used,

                                  19

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  for the storage or supply of any petroleum product. Petroleum

  2  storage systems may also include oil/water separators, and

  3  other pollution control devices installed at petroleum product

  4  terminals as defined in this chapter and bulk product

  5  facilities pursuant to, or required by, permits or best

  6  management practices in an effort to control surface discharge

  7  of pollutants.  Nothing herein shall be construed to allow a

  8  continuing discharge in violation of department rules.

  9         (34)  "Pollutants" includes any "product" as defined in

10  s. 377.19(11), pesticides, ammonia, chlorine, and derivatives

11  thereof, excluding liquefied petroleum gas.

12         (35)  "Pollution" means the presence on the land or in

13  the waters of the state of pollutants in quantities which are

14  or may be potentially harmful or injurious to human health or

15  welfare, animal or plant life, or property or which may

16  unreasonably interfere with the enjoyment of life or property,

17  including outdoor recreation.

18         (36)  "Real property owner" means the individual or

19  entity that is vested with ownership, dominion, or legal or

20  rightful title to the real property, or which has a ground

21  lease interest in the real property, on which a drycleaning

22  facility or wholesale supply facility is or has ever been

23  located.

24         (37)  "Response action" means any activity, including

25  evaluation, planning, design, engineering, construction, and

26  ancillary services, which is carried out in response to any

27  discharge, release, or threatened release of a hazardous

28  substance, pollutant, or other contaminant from a facility or

29  site identified by the department under the provisions of ss.

30  376.30-376.319.

31         (38)  "Response action contractor" means a person who

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  is carrying out any response action, including a person

  2  retained or hired by such person to provide services relating

  3  to a response action.

  4         (39)  "Risk reduction" means the lowering or

  5  elimination of the level of risk posed to human health or the

  6  environment through interim remedial actions, remedial action,

  7  or institutional and, if appropriate, engineering controls.

  8         (40)(39)  "Secretary" means the Secretary of

  9  Environmental Protection.

10         (41)(40)  "Site rehabilitation" means the assessment of

11  site contamination and the remediation activities that reduce

12  the levels of contaminants at a site through accepted

13  treatment methods to meet the cleanup target levels

14  established for that site. For purposes of sites subject to

15  the Resource Conservation and Recovery Act, as amended, the

16  term includes removal, decontamination, and corrective action

17  of releases of hazardous substances.

18         (42)(41)  "Source removal" means the removal of free

19  product, or the removal of contaminants from soil or sediment

20  that has been contaminated to the extent that leaching to

21  groundwater or surface water has occurred or is occurring.

22         (43)(42)  "Storage system" means a stationary tank not

23  covered under the provisions of chapter 377, together with any

24  onsite integral piping or dispensing system associated

25  therewith, which is or has been used for the storage or supply

26  of any petroleum product, pollutant, or hazardous substance as

27  defined herein, and which is registered with the Department of

28  Environmental Protection under this chapter or any rule

29  adopted pursuant hereto.

30         (44)(43)  "Synergistic effects" means a scientific

31  principle that the toxicity that occurs as a result of

                                  21

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  exposure is more than the sum of the toxicities of the

  2  individual chemicals to which the individual is exposed.

  3         (45)(44)  "Terminal facility" means any structure,

  4  group of structures, motor vehicle, rolling stock, pipeline,

  5  equipment, or related appurtenances which are used or capable

  6  of being used for one or more of the following purposes:

  7  pumping, refining, drilling for, producing, storing, handling,

  8  transferring, or processing pollutants, provided such

  9  pollutants are transferred over, under, or across any water,

10  estuaries, tidal flats, beaches, or waterfront lands,

11  including, but not limited to, any such facility and related

12  appurtenances owned or operated by a public utility or a

13  governmental or quasi-governmental body. In the event of a

14  ship-to-ship transfer of pollutants, the vessel going to or

15  coming from the place of transfer and a terminal facility

16  shall also be considered a terminal facility. For the purposes

17  of ss. 376.30-376.319, the term "terminal facility" shall not

18  be construed to include spill response vessels engaged in

19  response activities related to removal of pollutants, or

20  temporary storage facilities created to temporarily store

21  recovered pollutants and matter, or waterfront facilities

22  owned and operated by governmental entities acting as agents

23  of public convenience for persons engaged in the drilling for

24  or pumping, storing, handling, transferring, processing, or

25  refining of pollutants. However, each person engaged in the

26  drilling for or pumping, storing, handling, transferring,

27  processing, or refining of pollutants through a waterfront

28  facility owned and operated by such a governmental entity

29  shall be construed as a terminal facility.

30         (46)(45)  "Transfer" or "transferred" includes

31  onloading, offloading, fueling, bunkering, lightering, removal

                                  22

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  of waste pollutants, or other similar transfers, between

  2  terminal facility and vessel or vessel and vessel.

  3         Section 8.  Subsections (5) and (6) of section 376.303,

  4  Florida Statutes, are added to read:

  5         (5)  MAPPING.--If an institutional control is

  6  implemented at any contaminated site in a brownfield area

  7  designated pursuant to s. 376.80, the property owner must

  8  provide information regarding the institutional control to the

  9  local government for mapping purposes. The local government

10  must then note the existence of the institutional control on

11  any relevant local land use and zoning maps with a cross

12  reference to the department's site registry developed pursuant

13  to subsection (6). If the type of institutional control used

14  requires recording with the local government, then the map

15  notation shall also provide a cross reference to the book and

16  page number where recorded. When a local government is

17  provided with evidence that the department has subsequently

18  issued a no further action order without institutional

19  controls for a site currently noted on such maps, the local

20  government shall remove the notation.

21         (6)  REGISTRY.--The department shall prepare and

22  maintain a registry of all contaminated sites located in a

23  brownfield area designated pursuant to s. 376.80, which are

24  subject to institutional and engineering controls, in order to

25  provide a mechanism for the public and local governments to

26  monitor the status of these controls, monitor the department's

27  short-term and long-term protection of human health and the

28  environment in relation to these sites, and evaluate economic

29  revitalization efforts in these areas. At a minimum, the

30  registry shall include the type of institutional or

31  engineering controls employed at a particular site, types of

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  contaminants and affected media, land use limitations, and the

  2  county in which the site is located. Sites listed on the

  3  registry at which the department has subsequently issued a no

  4  further action order without institutional controls shall be

  5  removed from the registry. The department shall make the

  6  registry available to the public and local governments within

  7  1 year after the effective date of this act. The department

  8  shall provide local governments with actual notice when the

  9  registry becomes available. Local zoning and planning offices

10  shall post information on how to access the registry in public

11  view.

12         Section 9.  Paragraph (i) of subsection (4) and

13  paragraph (a) of subsection (9) of section 376.3078, Florida

14  Statutes, are amended, to read:

15         376.3078  Drycleaning facility restoration; funds;

16  uses; liability; recovery of expenditures.--

17         (4)  REHABILITATION CRITERIA.--It is the intent of the

18  Legislature to protect the health of all people under actual

19  circumstances of exposure.  By July 1, 1999, the secretary of

20  the department shall establish criteria by rule for the

21  purpose of determining, on a site-specific basis, the

22  rehabilitation program tasks that comprise a site

23  rehabilitation program, including a voluntary site

24  rehabilitation program, and the level at which a

25  rehabilitation program task and a site rehabilitation program

26  may be deemed completed.  In establishing the rule, the

27  department shall incorporate, to the maximum extent feasible,

28  risk-based corrective action principles to achieve protection

29  of human health and safety and the environment in a

30  cost-effective manner as provided in this subsection.  The

31  rule shall also include protocols for the use of natural

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  attenuation and the issuance of "no further action" letters.

  2  The criteria for determining what constitutes a rehabilitation

  3  program task or completion of a site rehabilitation program

  4  task or site rehabilitation program, including a voluntary

  5  site rehabilitation program, must:

  6         (i)  Establish appropriate cleanup target levels for

  7  soils.

  8         1.  In establishing soil cleanup target levels for

  9  human exposure to each contaminant found in soils from the

10  land surface to 2 feet below land surface, the department

11  shall consider the following, as appropriate: calculations

12  using a lifetime cancer risk level of 1.0E-6; a hazard index

13  of 1 or less; the best achievable detection limit; or the

14  naturally occurring background concentration. Institutional

15  controls or other methods shall be used to prevent human

16  exposure to contaminated soils more than 2 feet below the land

17  surface.  Any removal of such institutional controls shall

18  require such contaminated soils to be remediated.

19         2.  Leachability-based soil target levels shall be

20  based on protection of the groundwater cleanup target levels

21  or the alternate cleanup target levels for groundwater

22  established pursuant to this paragraph, as appropriate. Source

23  removal and other cost-effective alternatives that are

24  technologically feasible shall be considered in achieving the

25  leachability soil target levels established by the department.

26  The leachability goals shall not be applicable if the

27  department determines, based upon individual site

28  characteristics, that contaminants will not leach into the

29  groundwater at levels which pose a threat to human health,

30  public safety, and the environment.

31         3.  Using risk-based corrective action principles, the

                                  25

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  department shall approve may set alternative cleanup target

  2  levels based upon the person responsible for site

  3  rehabilitation demonstrating, using site-specific modeling and

  4  risk assessment studies, that human health, public safety, and

  5  the environment are protected.

  6

  7  The department shall require source removal, as a risk

  8  reduction measure, if warranted and cost-effective.  Once

  9  source removal at a site is complete, the department shall

10  reevaluate the site to determine the degree of active cleanup

11  needed to continue.  Further, the department shall determine

12  if the reevaluated site qualifies for monitoring only or if no

13  further action is required to rehabilitate the site.  If

14  additional site rehabilitation is necessary to reach "no

15  further action" status, the department is encouraged to

16  utilize natural attenuation and monitoring where site

17  conditions warrant.

18         (9)  REQUIREMENT FOR DRYCLEANING FACILITIES.--It is the

19  intent of the Legislature that the following drycleaning

20  solvent containment shall be required of the owners or

21  operators of drycleaning facilities, as follows:

22         (a)  Owners or operators of drycleaning facilities

23  shall by January 1, 1997, install dikes or other containment

24  structures around each machine or item of equipment in which

25  drycleaning solvents are used and around any area in which

26  solvents or waste-containing solvents are stored.  Such dikes

27  or containment structures shall be capable of containing 110

28  percent of the capacity of each such machine and each such

29  storage area.  To the extent practicable, each owner or

30  operator of a drycleaning facility shall seal or otherwise

31  render impervious those portions of all dikes' floor surfaces

                                  26

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  upon which any drycleaning solvents may leak, spill, or

  2  otherwise be released. A drycleaning facility that commenced

  3  operating before January 1, 1996, and applied to the program

  4  by December 30, 1997, is considered to have had secondary

  5  containment timely installed for the purpose of determining

  6  eligibility for state-funded site rehabilitation under this

  7  section if the drycleaning facility meets the following

  8  criteria:

  9         1.  Reported in the completed application that the

10  facility was not in compliance with paragraph (a) of this

11  subsection, and entered into a consent order with the

12  department to install secondary containment and installed the

13  required containment by April 15, 1999; or

14         2.  Reported in the completed application that the

15  facility had installed secondary containment but stated in the

16  application that the date the facility installed secondary

17  containment was not known, and was requested by the department

18  subsequent to April 30, 1997, to apply for program eligibility

19  and did so apply within 90 days of the request, and installed

20  secondary containment by February 28, 1998.

21

22  The department shall reconsider the applications of facilities

23  that meet the criteria set forth in this paragraph and that

24  were previously determined to be ineligible due to failure to

25  comply with secondary containment requirements. The facilities

26  must meet all other eligibility requirements. 

27         Section 10.  Section 376.79, Florida Statutes, is

28  amended to read:

29         376.79  Definitions.--As used in ss. 376.77-376.85, the

30  term:

31         (1)  "Additive effects" means a scientific principle

                                  27

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  that the toxicity that occurs as a result of exposure is the

  2  sum of the toxicities of the individual chemicals to which the

  3  individual is exposed.

  4         (2)  "Antagonistic effects" means a scientific

  5  principle that the toxicity that occurs as a result of

  6  exposure is less than the sum of the toxicities of the

  7  individual chemicals to which the individual is exposed.

  8         (3)  "Brownfield sites" means sites that are generally

  9  abandoned, idled, or underused industrial and commercial

10  properties where expansion or redevelopment is complicated by

11  actual or perceived environmental contamination.

12         (4)  "Brownfield area" means a contiguous area of one

13  or more brownfield sites, some of which may not be

14  contaminated, and which has been designated by a local

15  government by resolution. Such areas may include all or

16  portions of community redevelopment areas, enterprise zones,

17  empowerment zones, other such designated economically deprived

18  communities and areas, and Environmental Protection

19  Agency-designated brownfield pilot projects.

20         (5)  "Contaminant" means any physical, chemical,

21  biological, or radiological substance present in any medium

22  which may result in adverse effects to human health or the

23  environment or which creates an adverse nuisance,

24  organoleptic, or aesthetic condition in groundwater.

25         (6)(5)  "Contaminated site" means any contiguous land,

26  surface water, or groundwater areas that contain contaminants

27  that may be harmful to human health or the environment.

28         (7)(6)  "Department" means the Department of

29  Environmental Protection.

30         (8)(7)  "Engineering controls" means modifications to a

31  site to reduce or eliminate the potential for exposure to

                                  28

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  contaminants.  Such modifications may include, but are not

  2  limited to, physical or hydraulic control measures, capping,

  3  point of use treatments, or slurry walls.

  4         (9)(8)  "Environmental justice" means the fair

  5  treatment of all people of all races, cultures, and incomes

  6  with respect to the development, implementation, and

  7  enforcement of environmental laws, regulations, and policies.

  8         (10)(9)  "Institutional controls" means the restriction

  9  on use of or access to a site to eliminate or minimize

10  exposure to contaminants.  Such restrictions may include, but

11  are not limited to, deed restrictions, restrictive covenants,

12  or conservation easements use restrictions, or restrictive

13  zoning.

14         (11)(10)  "Local pollution control program" means a

15  local pollution control program that has received delegated

16  authority from the Department of Environmental Protection

17  under ss. 376.80(11) and 403.182.

18         (12)(11)  "Natural attenuation" means a verifiable

19  approach to site rehabilitation which allows natural processes

20  to contain the spread of contamination and reduce the

21  concentrations of contaminants in contaminated groundwater and

22  soil. Natural attenuation processes may include sorption,

23  biodegradation, chemical reactions with subsurface materials,

24  diffusion, dispersion, and volatilization. the verifiable

25  reduction of contaminants through natural processes, which may

26  include diffusion, dispersion, adsorption, and biodegradation.

27         (13)(12)  "Person responsible for brownfield site

28  rehabilitation" means the individual or entity that is

29  designated by the local government to enter into the

30  brownfield site rehabilitation agreement with the department

31  or an approved local pollution control program and enters into

                                  29

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  an agreement with the local government for redevelopment of

  2  the site.

  3         (14)(13)  "Person" means any individual, partner, joint

  4  venture, or corporation; any group of the foregoing, organized

  5  or united for a business purpose; or any governmental entity.

  6         (15)  "Risk reduction" means the lowering or

  7  elimination of the level of risk posed to human health or the

  8  environment through interim remedial actions, remedial action,

  9  or institutional, and if appropriate, engineering controls.

10         (16)(14)  "Secretary" means the secretary of the

11  Department of Environmental Protection.

12         (17)(15)  "Site rehabilitation" means the assessment of

13  site contamination and the remediation activities that reduce

14  the levels of contaminants at a site through accepted

15  treatment methods to meet the cleanup target levels

16  established for that site.

17         (18)(16)  "Source removal" means the removal of free

18  product, or the removal of contaminants from soil or sediment

19  that has been contaminated to the extent that leaching to

20  groundwater or surface water has occurred or is occurring.

21         (19)(17)  "Synergistic effects" means a scientific

22  principle that the toxicity that occurs as a result of

23  exposure is more than the sum of the toxicities of the

24  individual chemicals to which the individual is exposed.

25         Section 11.  Subsections (4) and (5) and paragraph (c)

26  of subsection (7) of section 376.80, Florida Statutes, are

27  amended to read:

28         376.80  Brownfield program administration process.--

29         (4)  Local governments or persons responsible for

30  rehabilitation and redevelopment of brownfield areas must

31  establish an advisory committee or use an existing advisory

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  committee that has formally expressed its intent to address

  2  redevelopment of the specific brownfield area for the purpose

  3  of improving public participation and receiving public

  4  comments on rehabilitation and redevelopment of the brownfield

  5  area, future land use, local employment opportunities,

  6  community safety, and environmental justice. Such advisory

  7  committee should include residents within or adjacent to the

  8  brownfield area, businesses operating within the brownfield

  9  area, and others deemed appropriate. The person responsible

10  for brownfield site rehabilitation must notify the advisory

11  committee of the intent to rehabilitate and redevelop the site

12  before executing the brownfield site rehabilitation agreement,

13  and provide the committee with a copy of the draft plan for

14  site rehabilitation which addresses elements required by

15  subsection (5). This includes disclosing potential reuse of

16  the property as well as site rehabilitation activities, if

17  any, to be performed. The advisory committee shall review the

18  proposed redevelopment agreement required pursuant to

19  paragraph (5)(i) and provide comments, if appropriate, to the

20  board of the local government with jurisdiction over the

21  brownfield area. The advisory committee must receive a copy of

22  the executed brownfield site rehabilitation agreement. When

23  the person responsible for brownfield site rehabilitation

24  submits a site assessment report or the technical document

25  containing the proposed course of action following site

26  assessment to the department or the local pollution control

27  program for review, the person responsible for brownfield site

28  rehabilitation must hold a meeting or attend a regularly

29  scheduled meeting to inform the advisory committee of the

30  findings and recommendations in the site assessment report or

31  the technical document containing the proposed course of

                                  31

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  action following site assessment.  The advisory committee must

  2  review and provide recommendations to the board of the local

  3  government with jurisdiction on the proposed site

  4  rehabilitation agreement provided in subsection (5).

  5         (5)  The person responsible for brownfield site

  6  rehabilitation must enter into a brownfield site

  7  rehabilitation agreement with the department or an approved

  8  local pollution control program if actual contamination exists

  9  at the brownfield site. The brownfield site rehabilitation

10  agreement must include:

11         (a)  A brownfield site rehabilitation schedule,

12  including milestones for completion of site rehabilitation

13  tasks and submittal of technical reports and rehabilitation

14  plans as agreed upon by the parties to the agreement;

15         (b)  A commitment to conduct site rehabilitation

16  activities under the observation of professional engineers or

17  geologists who are registered in accordance with the

18  requirements of chapter 471 or chapter 492, respectively.

19  Submittals provided by the person responsible for brownfield

20  site rehabilitation must be signed and sealed by a

21  professional engineer registered under chapter 471, or a

22  professional geologist registered under chapter 492,

23  certifying that the submittal and associated work comply with

24  the law and rules of the department and those governing the

25  profession.  In addition, upon completion of the approved

26  remedial action, the department shall require a professional

27  engineer registered under chapter 471 or a professional

28  geologist registered under chapter 492 to certify that the

29  corrective action was, to the best of his or her knowledge,

30  completed in substantial conformance with the plans and

31  specifications approved by the department;

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         (c)  A commitment to conduct site rehabilitation in

  2  accordance with an approved comprehensive quality assurance

  3  plan under department rules;

  4         (d)  A commitment to conduct site rehabilitation

  5  consistent with state, federal, and local laws and consistent

  6  with the brownfield site contamination cleanup criteria in s.

  7  376.81, including any applicable requirements for risk-based

  8  corrective action;

  9         (e)  Timeframes for the department's review of

10  technical reports and plans submitted in accordance with the

11  agreement.  The department shall make every effort to adhere

12  to established agency goals for reasonable timeframes for

13  review of such documents;

14         (f)  A commitment to secure site access for the

15  department or approved local pollution control program to all

16  brownfield sites within the eligible brownfield area for

17  activities associated with site rehabilitation;

18         (g)  Other provisions that the person responsible for

19  brownfield site rehabilitation and the department agree upon,

20  that are consistent with ss. 376.77-376.85, and that will

21  improve or enhance the brownfield site rehabilitation process;

22         (h)  A commitment to consider appropriate pollution

23  prevention measures and to implement those that the person

24  responsible for brownfield site rehabilitation determines are

25  reasonable and cost-effective, taking into account the

26  ultimate use or uses of the brownfield site.  Such measures

27  may include improved inventory or production controls and

28  procedures for preventing loss, spills, and leaks of hazardous

29  waste and materials, and include goals for the reduction of

30  releases of toxic materials; and

31         (i)  Certification that an agreement exists between the

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  person responsible for brownfield site rehabilitation and the

  2  local government with jurisdiction over the brownfield area.

  3  Such agreement shall contain terms for the redevelopment of

  4  the brownfield area.

  5         (7)  The contractor must certify to the department that

  6  the contractor:

  7         (c)  Maintains comprehensive general liability and

  8  comprehensive automobile liability insurance with minimum

  9  limits of at least $1 million per claim occurrence and $1

10  million annual aggregate, sufficient to protect it from claims

11  for damage for personal injury, including accidental death, as

12  well as claims for property damage which may arise from

13  performance of work under the program, designating the state

14  as an additional insured party.

15         Section 12.  Section 376.81, Florida Statutes, is

16  amended to read:

17         376.81  Brownfield site and brownfield areas

18  contamination cleanup criteria.--

19         (1)  It is the intent of the Legislature to protect the

20  health of all people under actual circumstances of exposure.

21  By July 1, 2001 1998, the secretary of the department shall

22  establish criteria by rule for the purpose of determining, on

23  a site-specific basis, the rehabilitation program tasks that

24  comprise a site rehabilitation program and the level at which

25  a rehabilitation program task and a site rehabilitation

26  program may be deemed completed.  In establishing the rule,

27  the department shall apply incorporate, to the maximum extent

28  feasible, a risk-based corrective action process principles to

29  achieve protection of human health and safety and the

30  environment in a cost-effective manner based on the principles

31  set forth as provided in this subsection. The rule must

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  prescribe a phased risk-based corrective action process that

  2  is iterative and that tailors site rehabilitation tasks to

  3  site-specific conditions and risks. The department and the

  4  person responsible for brownfield site rehabilitation are

  5  encouraged to establish decision points at which risk

  6  management decisions will be made. The department shall

  7  provide an early decision, when requested, regarding

  8  applicable exposure factors and a risk management approach

  9  based on the current and future land use at the site. The rule

10  shall also include protocols for the use of natural

11  attenuation, the use of institutional and engineering

12  controls, and the issuance of "no further action" letters. The

13  criteria for determining what constitutes a rehabilitation

14  program task or completion of a site rehabilitation program

15  task or site rehabilitation program must:

16         (a)  Consider the current exposure and potential risk

17  of exposure to humans and the environment, including multiple

18  pathways of exposure.  The physical, chemical, and biological

19  characteristics of each contaminant must be considered in

20  order to determine the feasibility of risk-based corrective

21  action assessment.

22         (b)  Establish the point of compliance at the source of

23  the contamination.  However, the department is authorized to

24  temporarily move the point of compliance to the boundary of

25  the property, or to the edge of the plume when the plume is

26  within the property boundary, while cleanup, including cleanup

27  through natural attenuation processes in conjunction with

28  appropriate monitoring, is proceeding.  The department also is

29  authorized, pursuant to criteria provided for in this section,

30  to temporarily extend the point of compliance beyond the

31  property boundary with appropriate monitoring, if such

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  extension is needed to facilitate natural attenuation or to

  2  address the current conditions of the plume, provided human

  3  health, public safety, and the environment are protected.

  4  When temporarily extending the point of compliance beyond the

  5  property boundary, it cannot be extended further than the

  6  lateral extent of the plume at the time of execution of the

  7  brownfield site rehabilitation agreement, if known, or the

  8  lateral extent of the plume as defined at the time of site

  9  assessment. Temporary extension of the point of compliance

10  beyond the property boundary, as provided in this paragraph,

11  must include actual notice by the person responsible for

12  brownfield site rehabilitation to local governments and the

13  owners of any property into which the point of compliance is

14  allowed to extend and constructive notice to residents and

15  business tenants of the property into which the point of

16  compliance is allowed to extend. Persons receiving notice

17  pursuant to this paragraph shall have the opportunity to

18  comment within 30 days of receipt of the notice.

19         (c)  Ensure that the site-specific cleanup goal is that

20  all contaminated brownfield sites and brownfield areas

21  ultimately achieve the applicable cleanup target levels

22  provided in this section. In the circumstances provided below,

23  and after constructive notice and opportunity to comment

24  within 30 days from receipt of the notice to local government,

25  to owners of any property into which the point of compliance

26  is allowed to extend, and to residents on any property into

27  which the point of compliance is allowed to extend, the

28  department may allow concentrations of contaminants to

29  temporarily exceed the applicable cleanup target levels while

30  cleanup, including cleanup through natural attenuation

31  processes in conjunction with appropriate monitoring, is

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  proceeding, if human health, public safety, and the

  2  environment are protected.

  3         (d)  Allow brownfield site and brownfield area

  4  rehabilitation programs to include the use of institutional or

  5  engineering controls, where appropriate, to eliminate or

  6  control the potential exposure to contaminants of humans or

  7  the environment. The use of controls must be preapproved by

  8  the department and only after constructive notice and

  9  opportunity to comment within 30 days from receipt of notice

10  is provided to local governments, to owners of any property

11  into which the point of compliance is allowed to extend, and

12  to residents on any property into which the point of

13  compliance is allowed to extend. When institutional or

14  engineering controls are implemented to control exposure, the

15  removal of the controls must have prior department approval

16  and must be accompanied by the resumption of active cleanup,

17  or other approved controls, unless cleanup target levels under

18  this section have been achieved.

19         (e)  Consider the additive effects of contaminants.

20  The synergistic and antagonistic effects shall also be

21  considered when the scientific data become available.

22         (f)  Take into consideration individual site

23  characteristics, which shall include, but not be limited to,

24  the current and projected use of the affected groundwater and

25  surface water in the vicinity of the site, current and

26  projected land uses of the area affected by the contamination,

27  the exposed population, the degree and extent of

28  contamination, the rate of contaminant migration, the apparent

29  or potential rate of contaminant degradation through natural

30  attenuation processes, the location of the plume, and the

31  potential for further migration in relation to site property

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  boundaries.

  2         (g)  Apply state water quality standards as follows:

  3         1.  Cleanup target levels for each contaminant found in

  4  groundwater shall be the applicable state water quality

  5  standards.  Where such standards do not exist, the cleanup

  6  target levels for groundwater shall be based on the minimum

  7  criteria specified in department rule.  The department shall

  8  apply consider the following, as appropriate, in establishing

  9  the applicable cleanup target levels minimum criteria:

10  calculations using a lifetime cancer risk level of 1.0E-6; a

11  hazard index of 1 or less; the best achievable detection

12  limit; and the naturally occurring background concentration;

13  or nuisance, organoleptic, and aesthetic considerations.

14  However, the department shall not require site rehabilitation

15  to achieve a cleanup target level for any individual

16  contaminant which is more stringent than the site-specific,

17  naturally occurring background concentration for that

18  contaminant.

19         2.  Where surface waters are exposed to contaminated

20  groundwater, the cleanup target levels for the contaminants

21  shall be based on the more protective of the groundwater or

22  surface water standards as established by department rule.

23  The point of measuring compliance with the surface water

24  standards shall be in the groundwater immediately adjacent to

25  the surface water body.

26         3.  Using risk-based corrective action principles, the

27  department shall approve may set alternative cleanup target

28  levels in conjunction with institutional and engineering

29  controls, if needed, based upon an applicant's demonstration,

30  using site-specific data, modeling results, and risk

31  assessment studies, risk reduction techniques, or a

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  combination thereof, that human health, public safety, and the

  2  environment are protected to the same degree as provided in

  3  subparagraphs 1. and 2. Where a state water quality standard

  4  is applicable, a deviation may not result in the application

  5  of cleanup target levels more stringent than the standard.  In

  6  determining whether it is appropriate to establish alternative

  7  cleanup target levels at a site, the department must consider

  8  the effectiveness of source removal, if any, which that has

  9  been completed at the site and the practical likelihood of the

10  use of low yield or poor quality groundwater, the use of

11  groundwater near marine surface water bodies, the current and

12  projected use of the affected groundwater in the vicinity of

13  the site, or the use of groundwater in the immediate vicinity

14  of the contaminated area, where it has been demonstrated that

15  the groundwater contamination is not migrating away from such

16  localized source, provided human health, public safety, and

17  the environment are protected. When using alternative cleanup

18  target levels at a brownfield site, institutional controls

19  shall not be required if:

20         a.  The only cleanup target levels exceeded are the

21  groundwater cleanup target levels derived from nuisance,

22  organoleptic, or aesthetic considerations;

23         b.  Concentrations of all contaminants meet the state

24  water quality standards or minimum criteria, based on

25  protection of human health, provided in subparagraph 1.;

26         c.  All of the groundwater cleanup target levels

27  established pursuant to subparagraph 1. are met at the

28  property boundary;

29         d.  The person responsible for brownfield site

30  rehabilitation has demonstrated that the contaminants will not

31  migrate beyond the property boundary at concentrations

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  exceeding the groundwater cleanup target levels established

  2  pursuant to subparagraph 1.;

  3         e.  The property has access to and is using an offsite

  4  water supply and no unplugged private wells are used for

  5  domestic purposes; and

  6         f.  The real property owner provides written acceptance

  7  of the "no further action" proposal to the department or the

  8  local pollution control program.

  9         (h)  Provide for the department to issue a "no further

10  action order," with conditions, including, but not limited to,

11  the use of institutional or engineering controls where

12  appropriate, when alternative cleanup target levels

13  established pursuant to subparagraph (g)3. have been achieved,

14  or when the person responsible for brownfield site

15  rehabilitation can demonstrate that the cleanup target level

16  is unachievable within available technologies.  Prior to

17  issuing such an order, the department shall consider the

18  feasibility of an alternative site rehabilitation technology

19  in the brownfield area.

20         (i)  Establish appropriate cleanup target levels for

21  soils.

22         1.  In establishing soil cleanup target levels for

23  human exposure to each contaminant found in soils from the

24  land surface to 2 feet below land surface, the department

25  shall apply consider the following, as appropriate:

26  calculations using a lifetime cancer risk level of 1.0E-6; a

27  hazard index of 1 or less; and the best achievable detection

28  limit; or the naturally occurring background concentration.

29  However, the department shall not require site rehabilitation

30  to achieve a cleanup target level for an individual

31  contaminant which is more stringent than the site-specific,

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  naturally occurring background concentration for that

  2  contaminant. Institutional controls or other methods shall be

  3  used to prevent human exposure to contaminated soils more than

  4  2 feet below the land surface.  Any removal of such

  5  institutional controls shall require such contaminated soils

  6  to be remediated.

  7         2.  Leachability-based soil target levels shall be

  8  based on protection of the groundwater cleanup target levels

  9  or the alternate cleanup target levels for groundwater

10  established pursuant to this paragraph, as appropriate. Source

11  removal and other cost-effective alternatives that are

12  technologically feasible shall be considered in achieving the

13  leachability soil target levels established by the department.

14  The leachability goals shall not be applicable if the

15  department determines, based upon individual site

16  characteristics, and in conjunction with institutional and

17  engineering controls, if needed, that contaminants will not

18  leach into the groundwater at levels that which pose a threat

19  to human health, public safety, and the environment.

20         3.  Using risk-based corrective action principles, the

21  department shall approve may set alternative cleanup target

22  levels in conjunction with institutional and engineering

23  controls, if needed, based upon an applicant's demonstration,

24  using site-specific data, modeling results, and risk

25  assessment studies, risk reduction techniques, or a

26  combination thereof, that human health, public safety, and the

27  environment are protected to the same degree as provided in

28  subparagraphs 1. and 2.

29         (2)  The department shall require source removal, as a

30  risk reduction measure, if warranted and cost-effective.  Once

31  source removal at a site is complete, the department shall

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  reevaluate the site to determine the degree of active cleanup

  2  needed to continue.  Further, the department shall determine

  3  if the reevaluated site qualifies for monitoring only or if no

  4  further action is required to rehabilitate the site.  If

  5  additional site rehabilitation is necessary to reach "no

  6  further action" status, the department is encouraged to

  7  utilize natural attenuation and monitoring where site

  8  conditions warrant.

  9         (3)  The cleanup criteria described in this section

10  govern only site rehabilitation activities occurring at the

11  contaminated site. Removal of contaminated media from a site

12  for offsite relocation or treatment must be in accordance with

13  all applicable federal, state, and local laws and regulations.

14         Section 13.  Paragraph (k) is added to subsection (2)

15  of section 376.82, Florida Statutes, to read:

16         376.82  Eligibility criteria and liability

17  protection.--

18         (2)  LIABILITY PROTECTION.--

19         (k)  A person whose property becomes contaminated due

20  to geophysical or hydrologic reasons, including the migration

21  of contaminants onto their property from the operation of

22  facilities and activities on a nearby designated brownfield

23  area, and whose property has never been occupied by a business

24  that utilized or stored the contaminants or similar

25  constituents is not subject to administrative or judicial

26  action brought by or on behalf of another to compel the

27  rehabilitation of or the payment of the costs for the

28  rehabilitation of sites contaminated by materials that

29  migrated onto the property from the designated brownfield

30  area, if the person:

31         1.  Does not own and has never held an ownership

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  interest in, or shared in the profits of, activities in the

  2  designated brownfield area operated at the source location;

  3         2.  Did not participate in the operation or management

  4  of the activities in the designated brownfield area operated

  5  at the source location; and

  6         3.  Did not cause, contribute to, or exacerbate the

  7  release or threat of release of any hazardous substance

  8  through any act or omission.

  9         Section 14.  Paragraph (d) is added to subsection (3)

10  of section 403.973, Florida Statutes, to read:

11         403.973  Expedited permitting; comprehensive plan

12  amendments.--

13         (3)

14         (d)  Projects located in a designated brownfield area

15  are eligible for the expedited permitting process.

16         Section 15.  Subsection (1) of section 190.012, Florida

17  Statutes, is amended to read:

18         190.012  Special powers; public improvements and

19  community facilities.--The district shall have, and the board

20  may exercise, subject to the regulatory jurisdiction and

21  permitting authority of all applicable governmental bodies,

22  agencies, and special districts having authority with respect

23  to any area included therein, any or all of the following

24  special powers relating to public improvements and community

25  facilities authorized by this act:

26         (1)  To finance, fund, plan, establish, acquire,

27  construct or reconstruct, enlarge or extend, equip, operate,

28  and maintain systems, facilities, and basic infrastructures

29  for the following:

30         (a)  Water management and control for the lands within

31  the district and to connect some or any of such facilities

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  with roads and bridges.

  2         (b)  Water supply, sewer, and wastewater management,

  3  reclamation, and reuse or any combination thereof, and to

  4  construct and operate connecting intercepting or outlet sewers

  5  and sewer mains and pipes and water mains, conduits, or

  6  pipelines in, along, and under any street, alley, highway, or

  7  other public place or ways, and to dispose of any effluent,

  8  residue, or other byproducts of such system or sewer system.

  9         (c)  Bridges or culverts that may be needed across any

10  drain, ditch, canal, floodway, holding basin, excavation,

11  public highway, tract, grade, fill, or cut and roadways over

12  levees and embankments, and to construct any and all of such

13  works and improvements across, through, or over any public

14  right-of-way, highway, grade, fill, or cut.

15         (d)1.  District roads equal to or exceeding the

16  specifications of the county in which such district roads are

17  located, and street lights.

18         2.  Buses, trolleys, transit shelters, ridesharing

19  facilities and services, parking improvements, and related

20  signage.

21         (e)  Investigation and remediation costs associated

22  with the cleanup of actual or perceived environmental

23  contamination within the district under the supervision or

24  direction of a competent governmental authority unless the

25  covered costs benefit any person who is a landowner within the

26  district and who caused or contributed to the contamination.

27         (f)(e)  Conservation areas, mitigation areas, and

28  wildlife habitat, including the maintenance of any plant or

29  animal species, and any related interest in real or personal

30  property.

31         (g)(f)  Any other project within or without the

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  boundaries of a district when a local government issued a

  2  development order pursuant to s. 380.06 or s. 380.061

  3  approving or expressly requiring the construction or funding

  4  of the project by the district, or when the project is the

  5  subject of an agreement between the district and a

  6  governmental entity and is consistent with the local

  7  government comprehensive plan of the local government within

  8  which the project is to be located.

  9         Section 16.  Section 712.01, Florida Statutes, is

10  amended to read:

11         712.01  Definitions.--As used in this law:

12         (1)  The term "person" as used herein denotes singular

13  or plural, natural or corporate, private or governmental,

14  including the state and any political subdivision or agency

15  thereof as the context for the use thereof requires or denotes

16  and including any homeowners' association.

17         (2)  "Root of title" means any title transaction

18  purporting to create or transfer the estate claimed by any

19  person and which is the last title transaction to have been

20  recorded at least 30 years prior to the time when

21  marketability is being determined.  The effective date of the

22  root of title is the date on which it was recorded.

23         (3)  "Title transaction" means any recorded instrument

24  or court proceeding which affects title to any estate or

25  interest in land and which describes the land sufficiently to

26  identify its location and boundaries.

27         (4)  The term "homeowners' association" means a

28  homeowners' association as defined in s. 617.301(7), or an

29  association of parcel owners which is authorized to enforce

30  use restrictions that are imposed on the parcels.

31         (5)  The term "parcel" means real property which is

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  used for residential purposes that is subject to exclusive

  2  ownership and which is subject to any covenant or restriction

  3  of a homeowners' association.

  4         (6)  The term "covenant or restriction" means any

  5  agreement or limitation contained in a document recorded in

  6  the public records of the county in which a parcel is located

  7  which subjects the parcel to any use restriction which may be

  8  enforced by a homeowners' association or which authorizes a

  9  homeowners' association to impose a charge or assessment

10  against the parcel or the owner of the parcel or which may be

11  enforced by the Florida Department of Environmental Protection

12  pursuant to chapter 376 or chapter 403.

13         Section 17.  Section 712.03, Florida Statutes, is

14  amended to read:

15         712.03  Exceptions to marketability.--Such marketable

16  record title shall not affect or extinguish the following

17  rights:

18         (1)  Estates or interests, easements and use

19  restrictions disclosed by and defects inherent in the

20  muniments of title on which said estate is based beginning

21  with the root of title; provided, however, that a general

22  reference in any of such muniments to easements, use

23  restrictions or other interests created prior to the root of

24  title shall not be sufficient to preserve them unless specific

25  identification by reference to book and page of record or by

26  name of recorded plat be made therein to a recorded title

27  transaction which imposed, transferred or continued such

28  easement, use restrictions or other interests; subject,

29  however, to the provisions of subsection (5).

30         (2)  Estates, interests, claims, or charges, or any

31  covenant or restriction, preserved by the filing of a proper

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  notice in accordance with the provisions hereof.

  2         (3)  Rights of any person in possession of the lands,

  3  so long as such person is in such possession.

  4         (4)  Estates, interests, claims, or charges arising out

  5  of a title transaction which has been recorded subsequent to

  6  the effective date of the root of title.

  7         (5)  Recorded or unrecorded easements or rights,

  8  interest or servitude in the nature of easements,

  9  rights-of-way and terminal facilities, including those of a

10  public utility or of a governmental agency, so long as the

11  same are used and the use of any part thereof shall except

12  from the operation hereof the right to the entire use thereof.

13  No notice need be filed in order to preserve the lien of any

14  mortgage or deed of trust or any supplement thereto

15  encumbering any such recorded or unrecorded easements, or

16  rights, interest, or servitude in the nature of easements,

17  rights-of-way, and terminal facilities.  However, nothing

18  herein shall be construed as preserving to the mortgagee or

19  grantee of any such mortgage or deed of trust or any

20  supplement thereto any greater rights than the rights of the

21  mortgagor or grantor.

22         (6)  Rights of any person in whose name the land is

23  assessed on the county tax rolls for such period of time as

24  the land is so assessed and which rights are preserved for a

25  period of 3 years after the land is last assessed in such

26  person's name.

27         (7)  State title to lands beneath navigable waters

28  acquired by virtue of sovereignty.

29         (8)  A restriction or covenant recorded pursuant to

30  chapter 376 or chapter 403.

31         Section 18.  Paragraph (j) of subsection (3) of section

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  163.2517, Florida Statutes, is amended to read:

  2         163.2517  Designation of urban infill and redevelopment

  3  area.--

  4         (3)  A local government seeking to designate a

  5  geographic area within its jurisdiction as an urban infill and

  6  redevelopment area shall prepare a plan that describes the

  7  infill and redevelopment objectives of the local government

  8  within the proposed area. In lieu of preparing a new plan, the

  9  local government may demonstrate that an existing plan or

10  combination of plans associated with a community redevelopment

11  area, Florida Main Street program, Front Porch Florida

12  Community, sustainable community, enterprise zone, or

13  neighborhood improvement district includes the factors listed

14  in paragraphs (a)-(n), including a collaborative and holistic

15  community participation process, or amend such existing plans

16  to include these factors. The plan shall demonstrate the local

17  government and community's commitment to comprehensively

18  address the urban problems within the urban infill and

19  redevelopment area and identify activities and programs to

20  accomplish locally identified goals such as code enforcement;

21  improved educational opportunities; reduction in crime;

22  neighborhood revitalization and preservation; provision of

23  infrastructure needs, including mass transit and multimodal

24  linkages; and mixed-use planning to promote multifunctional

25  redevelopment to improve both the residential and commercial

26  quality of life in the area. The plan shall also:

27         (j)  Identify and adopt a package of financial and

28  local government incentives which the local government will

29  offer for new development, expansion of existing development,

30  and redevelopment within the urban infill and redevelopment

31  area. Examples of such incentives include:

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         1.  Waiver of license and permit fees.

  2         2.  Exemption of sales made in the urban infill and

  3  redevelopment area from Waiver of local option sales surtaxes

  4  imposed pursuant to s. 212.054 taxes.

  5         3.  Waiver of delinquent local taxes or fees to promote

  6  the return of property to productive use.

  7         4.  Expedited permitting.

  8         5.  Lower transportation impact fees for development

  9  which encourages more use of public transit, pedestrian, and

10  bicycle modes of transportation.

11         6.  Prioritization of infrastructure spending within

12  the urban infill and redevelopment area.

13         7.  Local government absorption of developers'

14  concurrency costs.

15

16  In order to be authorized to recognize the exemption from

17  local option sales surtaxes pursuant to subparagraph 2., the

18  owner, lessee, or lessor of the new development, expanding

19  existing development, or redevelopment within the urban infill

20  and redevelopment area must file an application under oath

21  with the governing body having jurisdiction over the urban

22  infill and redevelopment area where the business is located.

23  The application must include the name and address of the

24  business claiming the exclusion from collecting local option

25  surtaxes; an address and assessment roll parcel number of the

26  urban infill and redevelopment area for which the exemption is

27  being sought; a description of the improvements made to

28  accomplish the new development, expanding development, or

29  redevelopment of the real property; a copy of the building

30  permit application or the building permit issued for the

31  development of the real property; a new application for a

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  certificate of registration with the Department of Revenue

  2  with the address of the new development, expanding

  3  development, or redevelopment; and the location of the

  4  property. The local government must review and approve the

  5  application and submit the completed application and

  6  documentation along with a copy of the ordinance adopted

  7  pursuant to subsection (5) to the Department of Revenue in

  8  order for the business to become eligible to make sales exempt

  9  from local option sales surtaxes in the urban infill and

10  redevelopment area.

11         Section 19.  Subsection (13) of section 212.08, Florida

12  Statutes, is amended to read:

13         212.08  Sales, rental, use, consumption, distribution,

14  and storage tax; specified exemptions.--The sale at retail,

15  the rental, the use, the consumption, the distribution, and

16  the storage to be used or consumed in this state of the

17  following are hereby specifically exempt from the tax imposed

18  by this chapter.

19         (13)  No transactions shall be exempt from the tax

20  imposed by this chapter except those expressly exempted

21  herein. All laws granting tax exemptions, to the extent they

22  may be inconsistent or in conflict with this chapter,

23  including, but not limited to, the following designated laws,

24  shall yield to and be superseded by the provisions of this

25  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

26  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

27  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

28  and the following Laws of Florida, acts of the year indicated:

29  s. 31, chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

30  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

31  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

  2  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

  3  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

  4  s. 10, chapter 67-1681. This subsection does not supersede the

  5  authority of a local government to adopt financial and local

  6  government incentives pursuant to s. 163.2517.

  7         Section 20.  Section 163.2523, Florida Statutes, is

  8  amended to read:

  9         163.2523  Grant program.--An Urban Infill and

10  Redevelopment Assistance Grant Program is created for local

11  governments. A local government may allocate grant money to

12  special districts, including community redevelopment agencies,

13  and nonprofit community development organizations to implement

14  projects consistent with an adopted urban infill and

15  redevelopment plan or plan employed in lieu thereof. Thirty

16  percent of the general revenue appropriated for this program

17  shall be available for planning grants to be used by local

18  governments for the development of an urban infill and

19  redevelopment plan, including community participation

20  processes for the plan. Sixty percent of the general revenue

21  appropriated for this program shall be available for

22  fifty/fifty matching grants for implementing urban infill and

23  redevelopment projects that further the objectives set forth

24  in the local government's adopted urban infill and

25  redevelopment plan or plan employed in lieu thereof. The

26  remaining 10 percent of the revenue must be used for outright

27  grants for implementing projects requiring an expenditure of

28  under $50,000. If the volume of fundable applications under

29  any of the allocations specified in this section does not

30  fully obligate the amount of the allocation, the Department of

31  Community Affairs may transfer the unused balance to the

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  category having the highest dollar value of applications

  2  eligible but unfunded. However, in no event may the percentage

  3  of dollars allocated to outright grants for implementing

  4  projects exceed 20 percent in any given fiscal year. Projects

  5  that provide employment opportunities to clients of the WAGES

  6  program and projects within urban infill and redevelopment

  7  areas that include a community redevelopment area, Florida

  8  Main Street program, Front Porch Florida Community,

  9  sustainable community, enterprise zone, federal enterprise

10  zone, enterprise community, or neighborhood improvement

11  district must be given an elevated priority in the scoring of

12  competing grant applications. The Division of Housing and

13  Community Development of the Department of Community Affairs

14  shall administer the grant program. The Department of

15  Community Affairs shall adopt rules establishing grant review

16  criteria consistent with this section.

17         Section 21.  Section 376.3195, Florida Statutes, is

18  repealed.

19         Section 22.  Subsection (9) of section 211.3103,

20  Florida Statutes, is repealed.

21         Section 23.  In fiscal year 2000-2001, any unencumbered

22  funds remaining undisbursed on June 30, 2001, from the

23  Quick-Response Training Program, Brownfield Redevelopment

24  Bonus Refunds, and funds appropriated in the General

25  Appropriations Act for cleanup of state-owned lands, shall be

26  used for grants to fund assessment and remediation at

27  brownfield sites or areas designated pursuant to s. 376.80,

28  Florida Statues, prior to April 1, 2000, that are United

29  States Environmental Protection Agency brownfield pilot

30  projects designated prior to July 1, 1997, at which site

31  assessment has been initiated as of April 1, 2000.  Grants

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1  shall be distributed to eligible pilot projects under this

  2  part on a pro-rata basis in an amount not to exceed $500,000

  3  per pilot project.

  4         Section 24.  This act shall take effect July 1, 2000.

  5

  6

  7  ================ T I T L E   A M E N D M E N T ===============

  8  And the title is amended as follows:

  9         On page 1, line 2 through page 6, line 4

10  remove from the title of the bill:  all of said lines

11

12  and insert in lieu thereof:

13         An act relating to state regulation of lands;

14         amending s. 206.9935, F.S.; providing

15         requirements for determination of the rate;

16         amending s. 252.87, F.S.; revising reporting

17         requirements under the Hazardous Materials

18         Emergency Response and Community Right-to-Know

19         Act; amending s. 288.047, F.S.; requiring

20         Enterprise Florida, Inc., to set aside each

21         fiscal year a certain amount of the

22         appropriation for the Quick Response Training

23         Program for businesses located in a brownfield

24         area; amending s. 288.107, F.S.; redefining the

25         term "eligible business"; providing for bonus

26         refunds for businesses that can demonstrate a

27         fixed capital investment in certain mixed use

28         activities in the brownfield area; amending s.

29         288.905, F.S.; requiring Enterprise Florida,

30         Inc., to develop comprehensive marketing

31         strategies for redevelopment of brownfield

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         areas; amending s. 376.051, F.S.; providing for

  2         the use of risk-based cleanup criteria on state

  3         university lands; amending s. 376.301, F.S.;

  4         redefining the terms "antagonistic effects,"

  5         "discharge," "institutional controls," "natural

  6         attenuation," and "site rehabilitation" and

  7         defining the term "risk reduction"; amending s.

  8         376.303, F.S.; providing authority for mapping

  9         and registering contamination within

10         brownfields; amending s. 376.3078, F.S.;

11         providing conditions with respect to

12         determination of eligibility of specified

13         drycleaning facilities for state-funded site

14         rehabilitation; providing for rehabilitation

15         criteria; amending s. 376.79, F.S.; defining

16         the terms "contaminant" and "risk reduction";

17         redefining the terms "natural attenuation,"

18         "institutional control," and "source removal";

19         amending s. 376.80, F.S.; allowing local

20         governments or persons responsible for

21         brownfield area rehabilitation and

22         redevelopment to use an existing advisory

23         committee; deleting the requirement that the

24         advisory committee must review and provide

25         recommendations to the local government with

26         jurisdiction on the proposed brownfield site

27         rehabilitation agreement; providing that the

28         person responsible for site rehabilitation must

29         notify the advisory committee of the intent to

30         rehabilitate and redevelop the site before

31         executing the brownfield site rehabilitation

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         agreement; requiring the person responsible for

  2         site rehabilitation to hold a meeting or attend

  3         a regularly scheduled meeting of the advisory

  4         committee to inform the advisory committee of

  5         the outcome of the environmental assessment;

  6         requiring the person responsible for site

  7         rehabilitation to enter into a brownfield site

  8         rehabilitation agreement only if actual

  9         contamination exists; clarifying provisions

10         relating to the required comprehensive general

11         liability and comprehensive automobile

12         liability insurance; amending s. 376.81, F.S.;

13         providing direction regarding the risk-based

14         corrective action rule; requiring the

15         department to establish alternative cleanup

16         levels under certain circumstances; amending s.

17         376.82, F.S.; providing immunity for liability

18         regarding contaminated site remediation under

19         certain circumstances; amending s. 403.973,

20         F.S.; providing that projects located in a

21         designated brownfield area are eligible for the

22         expedited permitting process; amending s.

23         190.012, F.S.; authorizing community

24         development districts to fund certain

25         environmental costs under certain

26         circumstances; amending ss. 712.01, 712.03,

27         F.S.; prohibiting subsequent property owners

28         from removing certain deed restrictions under

29         other provisions of the Marketable Record Title

30         Act; amending s. 163.2517, F.S.; revising the

31         financial incentives which a local government

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                                                   HOUSE AMENDMENT

                   Bill No. CS for CS for CS for SB 1406, 2nd Eng.

    Amendment No. ___ (for drafter's use only)





  1         may offer in an urban infill and redevelopment

  2         area which relate to exemption from local

  3         option sales surtaxes and waiver of delinquent

  4         taxes or fees; providing that, in order to be

  5         eligible for the exemption from collecting

  6         local option sales surtaxes, a business must

  7         submit an application under oath to the local

  8         government, which must be approved and

  9         submitted to the Department of Revenue;

10         amending s. 212.08, F.S.; specifying that the

11         authority of a local government to adopt

12         financial and local government incentives under

13         s. 163.2517, F.S., is not superseded by certain

14         provisions relating to sales tax exemptions;

15         amending s. 163.2523, F.S.; authorizing

16         transfer of unused funds between grant

17         categories under the Urban Infill and

18         Redevelopment Assistance Grant Program;

19         repealing s. 376.3195, F.S.; providing for

20         distribution of certain unspent appropriations;

21         repealing s. 211.3103(9);  providing an

22         effective date.

23

24

25

26

27

28

29

30

31

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