Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 554
Barcode 713336
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/14/2013 .
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The Committee on Environmental Preservation and Conservation
(Altman) recommended the following:
1 Senate Substitute for Amendment (573872) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Subsection (8) of section 376.78, Florida
7 Statutes, is amended to read:
8 376.78 Legislative intent.—The Legislature finds and
9 declares the following:
10 (8) The existence of brownfields within a community may
11 contribute to, or may be a symptom of, overall community
12 decline, including issues of human disease and illness, crime,
13 educational and employment opportunities, and infrastructure
14 decay. The environment is an important element of quality of
15 life in any community, along with economic opportunity,
16 educational achievement, access to health care, housing quality
17 and availability, provision of governmental services, and other
18 socioeconomic factors. Brownfields redevelopment, properly done,
19 can be a significant element in community revitalization,
20 especially within community redevelopment areas, enterprise
21 zones, empowerment zones, closed military bases, or designated
22 brownfield pilot project areas.
23 Section 2. Subsections (1) and (2) of section 376.80,
24 Florida Statutes, are amended, and subsection (12) is added to
25 that section, to read:
26 376.80 Brownfield program administration process.—
27 GENERAL BROWNFIELD DESIGNATION PROCEDURES -
28 (1)(a) The local government with jurisdiction over a
29 proposed brownfield area shall designate such area pursuant to
30 this section.
31 (b) For a brownfield area designation proposed by:
32 1. The jurisdictional local government, the designation
33 criteria under paragraph (2)(a) apply, except if the local
34 government proposes to designate as a brownfield area a
35 specified redevelopment area as provided in paragraph (2)(b).
36 2. Any person, other than a governmental entity, including,
37 but not limited to, individuals, corporations, partnerships,
38 limited liability companies, community-based organizations, or
39 not-for-profit corporations, the designation criteria under
40 paragraph (2)(c) apply.
41 (c) The following provisions apply to all proposed
42 brownfield area designations, unless otherwise provided below:
43 1. Notification to Department Following Adoption - A local
44 government with jurisdiction over the brownfield area must
45 notify the department of its decision to designate a brownfield
46 area for rehabilitation for the purposes of ss. 376.77-376.86.
47 The notification must include a resolution adopted, by the local
48 government body. The local government shall notify the
49 department of the designation within 30 days after adoption of
50 the resolution.
51 2. Resolution Adoption - The brownfield area designation
52 must be carried out by a resolution adopted by the
53 jurisdictional local government, to which includes is attached a
54 map adequate to clearly delineate exactly which parcels are to
55 be included in the brownfield area or alternatively a less
56 detailed map accompanied by a detailed legal description of the
57 brownfield area. The resolution shall be adopted pursuant to the
58 procedures and requirements of the local government in effect at
59 the time of the proposed designation, except as otherwise
60 provided in this section.
61 3. Right to be Removed From Proposed Brownfield Area - If
62 a property owner within the area proposed for designation by the
63 local government requests in writing to have his or her property
64 removed from the proposed designation, the local government
65 shall grant the request.
66 4. For municipalities, the governing body shall adopt the
67 resolution in accordance with the procedures outlined in s.
68 166.041, except that the notice for the public hearings on the
69 proposed resolution must be in the form established in s.
70 166.041(3)(c)2. For counties, the governing body shall adopt the
71 resolution in accordance with the procedures outlined in s.
72 125.66, except that the notice for the public hearings on the
73 proposed resolution shall be in the form established in s.
74 125.66(4)(b)2.
75 4. Notice & Public Hearing Requirements - Compliance with
76 the following provisions is required before designation of a
77 proposed brownfield area under paragraph (2)(a) or paragraph
78 (2)(c):
79 (a) At least one of the required public hearings shall be
80 conducted as closely as reasonably practicable to the area to be
81 designated to provide an opportunity for public input on the
82 size of the area, the objectives for rehabilitation, job
83 opportunities and economic developments anticipated,
84 neighborhood residents’ considerations, and other relevant local
85 concerns.
86 (b) Notice of the public hearing must be made in a
87 newspaper of general circulation in the area, and the notice
88 must be at least 16 square inches in size, must be in ethnic
89 newspapers or local community bulletins, must be posted in the
90 affected area, and must be announced at a scheduled meeting of
91 the local governing body before the actual public hearing.
92 (2)(a) LOCAL GOVERNMENT-PROPOSED BROWNFIELD AREA
93 DESIGNATION OUTSIDE OF SPECIFIED REDEVELOPMENT AREAS - If a
94 local government proposes to designate a brownfield area that is
95 outside a community redevelopment area areas, enterprise zone
96 zones, empowerment zone zones, closed military base bases, or
97 designated brownfield pilot project area areas, the local
98 government shall provide notice, adopt the resolution, and
99 conduct the public hearings pursuant to in accordance with the
100 requirements of subsection (1)(c), except at least one of the
101 required public hearings shall be conducted as close as
102 reasonably practicable to the area to be designated to provide
103 an opportunity for public input on the size of the area, the
104 objectives for rehabilitation, job opportunities and economic
105 developments anticipated, neighborhood residents’
106 considerations, and other relevant local concerns. Notice of the
107 public hearing must be made in a newspaper of general
108 circulation in the area and the notice must be at least 16
109 square inches in size, must be in ethnic newspapers or local
110 community bulletins, must be posted in the affected area, and
111 must be announced at a scheduled meeting of the local governing
112 body before the actual public hearing. At a public hearing to
113 designate the proposed brownfield area In determining the areas
114 to be designated, the local government must consider:
115 1. Whether the brownfield area warrants economic
116 development and has a reasonable potential for such activities;
117 2. Whether the proposed area to be designated represents a
118 reasonably focused approach and is not overly large in
119 geographic coverage;
120 3. Whether the area has potential to interest the private
121 sector in participating in rehabilitation; and
122 4. Whether the area contains sites or parts of sites
123 suitable for limited recreational open space, cultural, or
124 historical preservation purposes.
125 (b) LOCAL GOVERNMENT-PROPOSED BROWNFIELD AREA DESIGNATION
126 WITHIN SPECIFIED REDEVELOPMENT AREAS - Paragraph (a) does not
127 apply to a proposed brownfield area if the local government
128 proposes to designate the brownfield area inside a community
129 redevelopment area, enterprise zone, empowerment zone, closed
130 military base, or designated brownfield pilot project area and
131 the local government complies with paragraph (1)(c).
132 (b)(c) BROWNFIELD AREA DESIGNATION PROPOSED BY PERSONS
133 OTHER THAN A GOVERNMENTAL ENTITY - For designation of a
134 brownfield area that is proposed by a person other than the
135 local government, the a local government with jurisdiction over
136 the proposed brownfield area shall adopt a resolution to
137 designate the a brownfield area pursuant to subsection (1), if,
138 at the public hearing to adopt the resolution, the person
139 establishes under the provisions of this act provided that:
140 1. A person who owns or controls a potential brownfield
141 site is requesting the designation and has agreed to
142 rehabilitate and redevelop the brownfield site;
143 2. The rehabilitation and redevelopment of the proposed
144 brownfield site will result in economic productivity of the
145 area, along with the creation of at least 5 new permanent jobs
146 at the brownfield site that are full-time equivalent positions
147 not associated with the implementation of the brownfield site
148 rehabilitation agreement and that are not associated with
149 redevelopment project demolition or construction activities
150 pursuant to the redevelopment of the proposed brownfield site or
151 area. However, the job creation requirement does shall not apply
152 to the rehabilitation and redevelopment of a brownfield site
153 that will provide affordable housing as defined in s. 420.0004
154 or the creation of recreational areas, conservation areas, or
155 parks;
156 3. The redevelopment of the proposed brownfield site is
157 consistent with the local comprehensive plan and is a
158 permittable use under the applicable local land development
159 regulations;
160 4. Notice of the proposed rehabilitation of the brownfield
161 area has been provided to neighbors and nearby residents of the
162 proposed area to be designated pursuant to subsection (1)(c),
163 and the person proposing the area for designation has afforded
164 to those receiving notice the opportunity for comments and
165 suggestions about rehabilitation. Notice pursuant to this
166 subparagraph must be made in a newspaper of general circulation
167 in the area, at least 16 square inches in size, and the notice
168 must be posted in the affected area; and
169 5. The person proposing the area for designation has
170 provided reasonable assurance that he or she has sufficient
171 financial resources to implement and complete the rehabilitation
172 agreement and redevelopment of the brownfield site.
173 (d)(c) The designation of a brownfield area and the
174 identification of a person responsible for brownfield site
175 rehabilitation simply entitles the identified person to
176 negotiate a brownfield site rehabilitation agreement with the
177 department or approved local pollution control program.
178 (12) A local government that designates a brownfield area
179 pursuant to this section is not required to use the term
180 “brownfield area” within the name of the brownfield area
181 proposed for designation by the local government.
182 Section 3. Paragraphs (a) and (b) of subsection (2) of
183 section 376.82, Florida Statutes, are amended to read:
184 376.82 Eligibility criteria and liability protection.—
185 (2) LIABILITY PROTECTION.—
186 (a) Any person, including his or her successors and
187 assigns, who executes and implements to successful completion a
188 brownfield site rehabilitation agreement, shall be relieved of:
189 1. Further liability for remediation of the contaminated
190 site or sites to the state and to third parties. and of
191 2. Liability in contribution to any other party who has or
192 may incur cleanup liability for the contaminated site or sites.
193 3. Liability for claims of any person for property damages,
194 including, but not limited to, diminished value of real property
195 or improvements; lost or delayed rent, sale, or use of real
196 property or improvements; or stigma to real property or
197 improvements caused by contamination addressed by a brownfield
198 site rehabilitation agreement. Notwithstanding any other
199 provision of this chapter, this subparagraph applies to causes
200 of action accruing on or after July 1, 2013.
201 (b) This section does not limit shall not be construed as a
202 limitation on the right of a third party other than the state to
203 pursue an action for damages to persons for bodily harm property
204 or person; however, such an action may not compel site
205 rehabilitation in excess of that required in the approved
206 brownfield site rehabilitation agreement or otherwise required
207 by the department or approved local pollution control program.
208
209
210 ================= T I T L E A M E N D M E N T ================
211 And the title is amended as follows:
212 Delete everything before the enacting clause
213 and insert:
214 A bill to be entitled
215 An act relating to to brownfields; amending s. 376.78,
216 F.S.; revising legislative intent with regard to community
217 revitalization in certain areas; amending s. 376.80, F.S.;
218 revising procedures for designation of brownfield areas by local
219 governments; authorizing local governments to use a term other
220 than “brownfield area” when naming such areas; amending s.
221 376.82, F.S.; providing relief of liability for property damages
222 for entities that execute and implement certain brownfield site
223 rehabilitation agreements; providing for applicability;
224 providing an effective date.