Florida Senate - 2013 CS for CS for SB 554
By the Committees on Community Affairs; and Environmental
Preservation and Conservation; and Senator Altman
578-03484-13 2013554c2
1 A bill to be entitled
2 An act relating to brownfields; amending s. 376.78,
3 F.S.; revising legislative intent with regard to
4 community revitalization in certain areas; amending s.
5 376.80, F.S.; revising procedures for designation of
6 brownfield areas by local governments; providing
7 procedures for adoption of a resolution; providing
8 requirements for notice and public hearings;
9 authorizing local governments to use a term other than
10 “brownfield area” when naming such areas; amending s.
11 376.82, F.S.; providing relief of liability for
12 property damages for entities that execute and
13 implement certain brownfield site rehabilitation
14 agreements; providing for applicability; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (8) of section 376.78, Florida
20 Statutes, is amended to read:
21 376.78 Legislative intent.—The Legislature finds and
22 declares the following:
23 (8) The existence of brownfields within a community may
24 contribute to, or may be a symptom of, overall community
25 decline, including issues of human disease and illness, crime,
26 educational and employment opportunities, and infrastructure
27 decay. The environment is an important element of quality of
28 life in any community, along with economic opportunity,
29 educational achievement, access to health care, housing quality
30 and availability, provision of governmental services, and other
31 socioeconomic factors. Brownfields redevelopment, properly done,
32 can be a significant element in community revitalization,
33 especially within community redevelopment areas, enterprise
34 zones, empowerment zones, closed military bases, or designated
35 brownfield pilot project areas.
36 Section 2. Subsections (1) and (2) of section 376.80,
37 Florida Statutes, are amended, and subsection (12) is added to
38 that section, to read:
39 376.80 Brownfield program administration process.—
40 (1) The following general procedures apply to brownfield
41 designations:
42 (a) The local government with jurisdiction over a proposed
43 brownfield area shall designate such area pursuant to this
44 section.
45 (b) For a brownfield area designation proposed by:
46 1. The jurisdictional local government, the designation
47 criteria under paragraph (2)(a) apply, except if the local
48 government proposes to designate as a brownfield area a
49 specified redevelopment area as provided in paragraph (2)(b).
50 2. Any person, other than a governmental entity, including,
51 but not limited to, individuals, corporations, partnerships,
52 limited liability companies, community-based organizations, or
53 not-for-profit corporations, the designation criteria under
54 paragraph (2)(c) apply.
55 (c) Except as otherwise provided, the following provisions
56 apply to all proposed brownfield area designations:
57 1. Notification to department following adoption.—A local
58 government with jurisdiction over the brownfield area must
59 notify the department, and, if applicable, the local pollution
60 control program under s. 403.182, of its decision to designate a
61 brownfield area for rehabilitation for the purposes of ss.
62 376.77-376.86. The notification must include a resolution
63 adopted, by the local government body. The local government
64 shall notify the department, and, if applicable, the local
65 pollution control program under s. 403.182, of the designation
66 within 30 days after adoption of the resolution.
67 2. Resolution adoption.—The brownfield area designation
68 must be carried out by a resolution adopted by the
69 jurisdictional local government, to which includes is attached a
70 map adequate to clearly delineate exactly which parcels are to
71 be included in the brownfield area or alternatively a less
72 detailed map accompanied by a detailed legal description of the
73 brownfield area. The resolution shall be adopted pursuant to the
74 procedures and requirements of the local government in effect at
75 the time of the proposed designation, except as otherwise
76 provided in this section.
77 3. Right to be removed from proposed brownfield area.—If a
78 property owner within the area proposed for designation by the
79 local government requests in writing to have his or her property
80 removed from the proposed designation, the local government
81 shall grant the request. For municipalities, the governing body
82 shall adopt the resolution in accordance with the procedures
83 outlined in s. 166.041, except that the notice for the public
84 hearings on the proposed resolution must be in the form
85 established in s. 166.041(3)(c)2. For counties, the governing
86 body shall adopt the resolution in accordance with the
87 procedures outlined in s. 125.66, except that the notice for the
88 public hearings on the proposed resolution shall be in the form
89 established in s. 125.66(4)(b)2.
90 4. Notice and public hearing requirements.—Compliance with
91 the following provisions is required before designation of a
92 proposed brownfield area under paragraph (2)(a) or paragraph
93 (2)(c):
94 a. At least one of the required public hearings shall be
95 conducted as closely as is reasonably practicable to the area to
96 be designated to provide an opportunity for public input on the
97 size of the area, the objectives for rehabilitation, job
98 opportunities and economic developments anticipated,
99 neighborhood residents’ considerations, and other relevant local
100 concerns.
101 b. Notice of the public hearing must be made in a newspaper
102 of general circulation in the area, and the notice must be at
103 least 16 square inches in size, must be in ethnic newspapers or
104 local community bulletins, must be posted in the affected area,
105 and must be announced at a scheduled meeting of the local
106 governing body before the actual public hearing.
107 (2)(a) Local government-proposed brownfield area
108 designation outside specified redevelopment areas.—If a local
109 government proposes to designate a brownfield area that is
110 outside a community redevelopment area areas, enterprise zone
111 zones, empowerment zone zones, closed military base bases, or
112 designated brownfield pilot project area areas, the local
113 government shall provide notice, adopt the resolution, and
114 conduct the public hearings pursuant to paragraph in accordance
115 with the requirements of subsection (1)(c). At a public hearing
116 to designate the proposed brownfield area, except at least one
117 of the required public hearings shall be conducted as close as
118 reasonably practicable to the area to be designated to provide
119 an opportunity for public input on the size of the area, the
120 objectives for rehabilitation, job opportunities and economic
121 developments anticipated, neighborhood residents’
122 considerations, and other relevant local concerns. Notice of the
123 public hearing must be made in a newspaper of general
124 circulation in the area and the notice must be at least 16
125 square inches in size, must be in ethnic newspapers or local
126 community bulletins, must be posted in the affected area, and
127 must be announced at a scheduled meeting of the local governing
128 body before the actual public hearing. In determining the areas
129 to be designated, the local government must consider:
130 1. Whether the brownfield area warrants economic
131 development and has a reasonable potential for such activities;
132 2. Whether the proposed area to be designated represents a
133 reasonably focused approach and is not overly large in
134 geographic coverage;
135 3. Whether the area has potential to interest the private
136 sector in participating in rehabilitation; and
137 4. Whether the area contains sites or parts of sites
138 suitable for limited recreational open space, cultural, or
139 historical preservation purposes.
140 (b) Local government-proposed brownfield area designation
141 within specified redevelopment areas.—Paragraph (a) does not
142 apply to a proposed brownfield area if the local government
143 proposes to designate the brownfield area inside a community
144 redevelopment area, enterprise zone, empowerment zone, closed
145 military base, or designated brownfield pilot project area and
146 the local government complies with paragraph (1)(c).
147 (c)(b) Brownfield area designation proposed by persons
148 other than a governmental entity.—For designation of a
149 brownfield area that is proposed by a person other than the
150 local government, the local government with jurisdiction over
151 the proposed brownfield area shall adopt a resolution to
152 designate the a brownfield area pursuant to subsection (1) if,
153 at the public hearing to adopt the resolution, the person
154 establishes all of the following under the provisions of this
155 act provided that:
156 1. A person who owns or controls a potential brownfield
157 site is requesting the designation and has agreed to
158 rehabilitate and redevelop the brownfield site.;
159 2. The rehabilitation and redevelopment of the proposed
160 brownfield site will result in economic productivity of the
161 area, along with the creation of at least 5 new permanent jobs
162 at the brownfield site that are full-time equivalent positions
163 not associated with the implementation of the brownfield site
164 rehabilitation agreement and that are not associated with
165 redevelopment project demolition or construction activities
166 pursuant to the redevelopment of the proposed brownfield site or
167 area. However, the job creation requirement does shall not apply
168 to the rehabilitation and redevelopment of a brownfield site
169 that will provide affordable housing as defined in s. 420.0004
170 or the creation of recreational areas, conservation areas, or
171 parks.;
172 3. The redevelopment of the proposed brownfield site is
173 consistent with the local comprehensive plan and is a
174 permittable use under the applicable local land development
175 regulations.;
176 4. Notice of the proposed rehabilitation of the brownfield
177 area has been provided to neighbors and nearby residents of the
178 proposed area to be designated pursuant to paragraph (1)(c), and
179 the person proposing the area for designation has afforded to
180 those receiving notice the opportunity for comments and
181 suggestions about rehabilitation. Notice pursuant to this
182 subparagraph must be made in a newspaper of general circulation
183 in the area, at least 16 square inches in size, and the notice
184 must be posted in the affected area.; and
185 5. The person proposing the area for designation has
186 provided reasonable assurance that he or she has sufficient
187 financial resources to implement and complete the rehabilitation
188 agreement and redevelopment of the brownfield site.
189 (d)(c) Negotiation of brownfield site rehabilitation
190 agreement.—The designation of a brownfield area and the
191 identification of a person responsible for brownfield site
192 rehabilitation simply entitles the identified person to
193 negotiate a brownfield site rehabilitation agreement with the
194 department or approved local pollution control program.
195 (12) A local government that designates a brownfield area
196 pursuant to this section is not required to use the term
197 “brownfield area” within the name of the brownfield area
198 proposed for designation by the local government.
199 Section 3. Paragraphs (a) and (b) of subsection (2) of
200 section 376.82, Florida Statutes, are amended to read:
201 376.82 Eligibility criteria and liability protection.—
202 (2) LIABILITY PROTECTION.—
203 (a) Any person, including his or her successors and
204 assigns, who executes and implements to successful completion a
205 brownfield site rehabilitation agreement, shall be relieved of:
206 1. Further liability for remediation of the contaminated
207 site or sites to the state and to third parties. and of
208 2. Liability in contribution to any other party who has or
209 may incur cleanup liability for the contaminated site or sites.
210 3. Liability for claims of any person for property damages,
211 including, but not limited to, diminished value of real property
212 or improvements; lost or delayed rent, sale, or use of real
213 property or improvements; or stigma to real property or
214 improvements caused by contamination addressed by a brownfield
215 site rehabilitation agreement. Notwithstanding any other
216 provision of this chapter, this subparagraph applies to causes
217 of action accruing on or after July 1, 2013.
218 (b) This section does not limit shall not be construed as a
219 limitation on the right of a third party other than the state to
220 pursue an action for damages to persons for bodily harm property
221 or person; however, such an action may not compel site
222 rehabilitation in excess of that required in the approved
223 brownfield site rehabilitation agreement or otherwise required
224 by the department or approved local pollution control program.
225 Section 4. This act shall take effect July 1, 2013.