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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 2                                 .
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 3                                 .
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on General Government Appropriations offered the

12  following:

13

14         Substitute Amendment for Amendment (435235) (with title

15  amendment) 

16  Remove from the bill:  Everything after the enacting clause

17

18  and insert in lieu thereof:

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

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

21  Statutes, is amended to read:

22         206.9935  Taxes imposed.--

23         (2)  TAX FOR WATER QUALITY.--

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

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

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

27  otherwise.

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

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

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

31  pollutants first imported into or produced in this state shall

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  fuel, or other pollutants.

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

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

 8  fuel tax imposed pursuant to s. 206.41.

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

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

11  pollutant, or equivalent measure as established by the

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

13  unobligated balance of the Water Quality Assurance Trust Fund

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

15  the applicable rates specified in subparagraph 2. and shall

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

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

18  the rates specified in subparagraph 1. If the unobligated

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

20  shall be discontinued until the unobligated balance of the

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

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

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

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

25  Department of Revenue when the unobligated balance of the fund

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

27  The unobligated balance of the Water Quality Assurance Trust

28  Fund as it relates to determination of the applicable excise

29  tax rate shall exclude the unobligated balances of funds of

30  the Dry Cleaning, Operator Certification, and nonagricultural

31  nonpoint source programs, and other required reservations of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  fund balance.  The unobligated balance in the Water Quality

 2  Assurance Trust Fund is based upon the current unreserved fund

 3  balance, projected revenues, authorized legislative

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

 5  for the subsequent fiscal year.  Determination of the

 6  unobligated balance of the Water Quality Assurance Trust Fund

 7  shall be performed annually subsequent to the annual

 8  legislative appropriations becoming law.

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

10  2.36 cents per gallon of solvents, 1 cent per gallon of motor

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

12  products, pesticides, ammonia, and chlorine.

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

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

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

16  cents per barrel of petroleum products, pesticides, and

17  chlorine. ingestion.

18         (3)  TAX FOR INLAND PROTECTION.--

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

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

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

22  otherwise.

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

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

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

26  206.41.  The tax shall be paid or remitted by any person who

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

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

29  other pollutants.

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

31  equivalent measure as established by the department, produced

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  in or imported into this state shall be:

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

 3  is between $100 million and $150 million.

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

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

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

 7  is $50 million or less.

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

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

10  fund requires that a higher rate be levied.

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

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

13  unobligated balance of the fund reaches $100 million.

14         4.  The Secretary of Environmental Protection shall

15  immediately notify the Department of Revenue when the

16  unobligated balance of the fund falls below or exceeds an

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

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

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

20  the Secretary of Environmental Protection when the unobligated

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

22  pursuant to this subsection. The unobligated balance of the

23  Inland Protection Trust Fund as it relates to determination of

24  the applicable excise tax rate shall exclude any required

25  reservations of fund balance.  The unobligated balance of the

26  Inland Protection Trust Fund is based upon the current

27  unreserved fund balance, projected revenues, authorized

28  legislative appropriations, and funding for the department's

29  base budget for the subsequent fiscal year.  Determination of

30  the unobligated balance of the Inland Protection Trust Fund

31  shall be performed annually subsequent to the annual

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  legislative appropriations becoming law.

 2         (c)  This subsection shall be reviewed by the

 3  Legislature during the 1998 regular legislative session.

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

 5  Florida Statutes, are amended to read:

 6         252.87  Supplemental state reporting requirements.--

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

 8  this state at which hazardous materials are present in

 9  quantities at or above the thresholds established under ss.

10  311(b) and 312(b) of EPCRA shall comply with the reporting

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

12  also be responsible for notifying the department, the local

13  emergency planning committee and the local fire department in

14  writing within 30 days if there is a discontinuance or

15  abandonment of the employer's business activities that could

16  affect any stored hazardous materials.

17         (7)  The department shall avoid duplicative reporting

18  requirements by utilizing the reporting requirements of other

19  state agencies that regulate hazardous materials to the extent

20  feasible and shall only request the necessary information

21  authorized required under EPCRA or required to implement the

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

23  the State Emergency Response Commission for Hazardous

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

25  daily amount entry on the chemical inventory report required

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

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

28  entry for the Federal Employer Identification Number on this

29  report.  To the extent feasible, the department shall

30  encourage and accept required information in a form initiated

31  through electronic data interchange and shall describe by rule

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

 2  transmission necessary for using such form. To the extent

 3  feasible, the Department of Insurance, the Department of

 4  Agriculture and Consumer Services, the Department of

 5  Environmental Protection, the Public Service Commission, the

 6  Department of Revenue, the Department of Labor and Employment

 7  Security, and other state agencies which regulate hazardous

 8  materials shall coordinate with the department in order to

 9  avoid duplicative requirements contained in each agency's

10  respective reporting or registration forms. The other state

11  agencies that inspect facilities storing hazardous materials

12  and suppliers and distributors of covered substances shall

13  assist the department in informing the facility owner or

14  operator of the requirements of this part. The department

15  shall provide the other state agencies with the necessary

16  information and materials to inform the owners and operators

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

18  these agencies are not adversely affected.

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

20  Statutes, is amended to read:

21         288.047  Quick-response training for economic

22  development.--

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

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

25  amount appropriated for the Quick-Response Training Program by

26  the Legislature to fund instructional programs for businesses

27  located in an enterprise zone or brownfield area to instruct

28  residents of an enterprise zone. Any unencumbered funds

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

30  6-month period may be used to provide funding for any program

31  qualifying for funding pursuant to this section.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         Section 4.  Section 288.107, Florida Statutes, is

 2  amended to read:

 3         288.107  Brownfield redevelopment bonus refunds.--

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

 5         (a)  "Account" means the Economic Development

 6  Incentives Account as authorized in s. 288.095.

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

 8  abandoned, idled, or underused industrial and commercial

 9  properties where expansion or redevelopment is complicated by

10  actual or perceived environmental contamination.

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

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

13  contaminated, and which has been designated by a local

14  government by resolution. Such areas may include all or

15  portions of community redevelopment areas, enterprise zones,

16  empowerment zones, other such designated economically deprived

17  communities and areas, and

18  Environmental-Protection-Agency-designated brownfield pilot

19  projects.

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

21  Tourism, Trade, and Economic Development.

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

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

24  business that can demonstrate a fixed capital investment of at

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

26  multiunit housing, commercial, retail, and industrial in

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

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

29  county in which the business is located.

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  Labor and Employment Security for the purpose of unemployment

 2  compensation tax, resulting directly from a project in this

 3  state.  This number does not include temporary construction

 4  jobs involved with the construction of facilities for the

 5  project and which are not associated with the implementation

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

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

 8  Economic Development.

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

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

11  288.106.

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

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

14  any qualified target industry business or other eligible

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

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

17  target industry business's annual refund claim authorized in

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

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

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

21  by the director.

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

23  in the brownfield redevelopment bonus refund are:

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

25  permanent jobs.  Such jobs shall not include construction or

26  site rehabilitation jobs associated with the implementation of

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

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

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

30  multiunit housing, commercial, retail, and industrial in

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

 2  county in which the business is located.

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

 4  diversify and strengthen the economy of the area surrounding

 5  the site.

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

 7  promote capital investment in the area beyond that

 8  contemplated for the rehabilitation of the site.

 9         (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS

10  REFUNDS.--

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

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

13  been certified as a qualified target industry business under

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

15  and must have indicated on the qualified target industry tax

16  refund application form submitted in accordance with s.

17  288.106(4) or other similar agreement for other eligible

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

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

20  brownfield and that the business is applying for certification

21  as a qualified brownfield business under this section, and

22  must have signed a qualified target industry tax refund

23  agreement with the office which indicates that the business

24  has been certified as a qualified target industry business

25  located in a brownfield and specifies the schedule of

26  brownfield redevelopment bonus refunds that the business may

27  be eligible to receive in each fiscal year.

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

29  redevelopment bonus refund payment, the business meeting the

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  indicates the location of the brownfield, the address of the

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

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

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

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

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

 7  administrative rules and policies for that section.

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

 9  schedule as the qualified target industry tax refund payments

10  scheduled in the qualified target industry tax refund

11  agreement authorized in s. 288.106 or other similar agreement

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

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

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

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

16  eligible business may receive brownfield redevelopment bonus

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

18         (e)  An eligible business that fraudulently claims a

19  refund under this section:

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

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

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

23  General Revenue Fund.

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

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

26         (f)  The office shall review all applications submitted

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

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

29  indicate that the proposed project will be located in a

30  brownfield and determine, with the assistance of the

31  Department of Environmental Protection, that the project

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

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

 3  brownfield redevelopment bonus refund payment that are found

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

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

 6  required from the office and the Department of Environmental

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

 8  the brownfield redevelopment bonus refund that is authorized

 9  for the qualified target industry business for the fiscal year

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

11  tax refund is received by the office.

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

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

14  exceed the total amount appropriated to the Economic

15  Development Incentives Account for this purpose for the fiscal

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

17  an amount sufficient to satisfy projections by the office for

18  brownfield redevelopment bonus refunds under this section in a

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

20  year, determine the proportion of each brownfield

21  redevelopment bonus refund claim which shall be paid by

22  dividing the amount appropriated for tax refunds for the

23  fiscal year by the projected total of brownfield redevelopment

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

25  claim for a brownfield redevelopment bonus tax refund shall be

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

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

28  Development Incentives Account for brownfield redevelopment

29  tax refunds, the office shall recalculate the proportion for

30  each refund claim and adjust the amount of each claim

31  accordingly.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         (j)  Upon approval of the brownfield redevelopment

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

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

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

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

 6         (5)  ADMINISTRATION.--

 7         (a)  The office is authorized to verify information

 8  provided in any claim submitted for tax credits under this

 9  section with regard to employment and wage levels or the

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

11  including the Department of Revenue, the Department of Labor

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

13         (b)  To facilitate the process of monitoring and

14  auditing applications made under this program, the office may

15  provide a list of qualified target industry businesses to the

16  Department of Revenue, to the Department of Labor and

17  Employment Security, to the Department of Environmental

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

19  may request the assistance of those entities with respect to

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

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

22  288.905, Florida Statutes, is amended to read:

23         288.905  Duties of the board of directors of Enterprise

24  Florida, Inc.--

25         (3)

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

27  shall include specific provisions for the stimulation of

28  economic development and job creation in rural areas and

29  midsize cities and counties of the state.

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

31  governments, local and regional economic development

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

 2  international, and workforce development entities, both public

 3  and private, in developing and carrying out policies,

 4  strategies, and programs, seeking to partner and collaborate

 5  to produce enhanced public benefit at a lesser cost.

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

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

 8  agencies and organizations, both public and private, in

 9  developing and carrying out policies, strategies, and

10  programs.

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

12  comprehensive marketing plan for redevelopment of brownfield

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

14  but is not limited to, strategies to distribute information

15  about current designated brownfield areas and the available

16  economic incentives for redevelopment of brownfield areas.

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

18  formation, expansion, recruitment, retention, and workforce

19  development programs.

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

21  Statutes, is added to said section to read:

22         376.051  Powers and duties of the Department of

23  Environmental Protection.--

24         (6)  The department is specifically authorized to

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

26  376.3071, 376.3078, and 376.81 in conducting cleanups on lands

27  owned by the state university system.

28         Section 7.  Section 376.301, Florida Statutes, is

29  amended to read:

30         376.301  Definitions of terms used in ss.

31  376.30-376.319, 376.70, and 376.75.--When used in ss.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  376.30-376.319, 376.70, and 376.75, unless the context clearly

 2  requires otherwise, the term:

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

 4  stationary aboveground storage tank and onsite integral piping

 5  that contains hazardous substances which are liquid at

 6  standard temperature and pressure and has an individual

 7  storage capacity greater than 110 gallons.

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

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

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

11  individual is exposed.

12         (3)  "Antagonistic effects" means a scientific

13  principle that the toxicity that occurs as a result of

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

15  individual chemicals to which the individual is exposed.

16         (4)  "Backlog" means reimbursement obligations incurred

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

18  authorized for reimbursement under the provisions of s.

19  376.3071(12), pursuant to chapter 95-2, Laws of Florida.

20  Claims within the backlog are subject to adjustment, where

21  appropriate.

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

23  Fahrenheit.

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

25  location with at least one aboveground tank with a capacity

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

27  pollutants.

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

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

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  livestock with a chemical solution pursuant to or in

 2  compliance with any local, state, or federal governmental

 3  program for the prevention, suppression, control, or

 4  eradication of any dangerous, contagious, or infectious

 5  diseases.

 6         (8)  "Compression vessel" means any stationary

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

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

 9  gallons, that is primarily used to store pollutants or

10  hazardous substances above atmospheric pressure or at a

11  reduced temperature in order to lower the vapor pressure of

12  the contents. Manifold compression vessels that function as a

13  single vessel shall be considered as one vessel.

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

15  biological, or radiological substance present in any medium

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

17  environment or which creates an adverse nuisance,

18  organoleptic, or aesthetic condition in groundwater.

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

20  sediment, surface water, or groundwater areas that contain

21  contaminants that may be harmful to human health or the

22  environment.

23         (11)  "Department" means the Department of

24  Environmental Protection.

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

26  spilling, leaking, seeping, pouring, misapplying, emitting,

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

28  substance which occurs and which affects lands and the surface

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

30  376.011-376.21.

31         (13)  "Drycleaning facility" means a commercial

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

 2  operated for the primary purpose of drycleaning clothing and

 3  other fabrics utilizing a process that involves any use of

 4  drycleaning solvents. The term "drycleaning facility" includes

 5  laundry facilities that use drycleaning solvents as part of

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

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

 8  uniform rental company or a linen supply company regardless of

 9  whether the facility operates as or was previously operated as

10  a drycleaning facility.

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

12  nonaqueous solvents used in the cleaning of clothing and other

13  fabrics and includes perchloroethylene (also known as

14  tetrachloroethylene) and petroleum-based solvents, and their

15  breakdown products. For purposes of this definition,

16  "drycleaning solvents" only includes those drycleaning

17  solvents originating from use at a drycleaning facility or by

18  a wholesale supply facility.

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

20  retail store that receives from customers clothing and other

21  fabrics for drycleaning or laundering at an offsite

22  drycleaning facility and that does not clean the clothing or

23  fabrics at the store utilizing drycleaning solvents.

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

25  site to reduce or eliminate the potential for exposure to

26  petroleum products' chemicals of concern, drycleaning

27  solvents, or other contaminants.  Such modifications may

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

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

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

31  establishment that supplies drycleaning solvents to

                                  16

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  drycleaning facilities.

 2         (18)  "Facility" means a nonresidential location

 3  containing, or which contained, any underground stationary

 4  tank or tanks which contain hazardous substances or pollutants

 5  and have individual storage capacities greater than 110

 6  gallons, or any aboveground stationary tank or tanks which

 7  contain pollutants which are liquids at standard ambient

 8  temperature and pressure and have individual storage

 9  capacities greater than 550 gallons. This subsection shall not

10  apply to facilities covered by chapter 377, or containers

11  storing solid or gaseous pollutants, and agricultural tanks

12  having storage capacities of less than 550 gallons.

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

14  tank that contains hazardous substances or specified mineral

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

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

17  variable, recurring, or intermittent flow of materials during

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

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

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

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

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

23  accomplished.

24         (20)  "Hazardous substances" means those substances

25  defined as hazardous substances in the Comprehensive

26  Environmental Response, Compensation and Liability Act of

27  1980, Pub. L. No. 96-510, 94 Stat. 2767, as amended by the

28  Superfund Amendments and Reauthorization Act of 1986.

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

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

31  petroleum products' chemicals of concern, drycleaning

                                  17

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  solvents, or other contaminants.  Such restrictions may

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

 3  restrictive covenants, or conservation easements use

 4  restrictions, or restrictive zoning.

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

 6  the service provided by the owner or operator of a

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

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

 9  customers.

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

11  recreational coastal facility, excluding a bulk product

12  facility, providing fuel to vessels.

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

14  approach to site rehabilitation that allows natural processes

15  to contain the spread of contamination and reduce the

16  concentrations of contaminants in contaminated groundwater and

17  soil. Natural attenuation processes may include the following:

18  sorption, biodegradation, chemical reactions with subsurface

19  materials, diffusion, dispersion, and volatilization.

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

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

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

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

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

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

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

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

28  pollutants are discharged, when the discharge occurs.

29         (29)  "Person responsible for conducting site

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

31  designated by the site owner or operator on the reimbursement

                                  18

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  application.  Mortgage holders and trust holders may be

 2  eligible to participate in the reimbursement program pursuant

 3  to s. 376.3071(12).

 4         (30)  "Petroleum" includes:

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

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

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

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

 9  and

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

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

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

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

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

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

16  a mixture of gasoline and other products, excluding liquefied

17  petroleum gas and American Society for Testing and Materials

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

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

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

21  petrochemical feedstocks.

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

23  the constituents of petroleum products, including, but not

24  limited to, xylene, benzene, toluene, ethylbenzene,

25  naphthalene, and similar chemicals, and constituents in

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

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

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

29  result of a discharge of petroleum products.

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

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

                                  19

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  with any onsite integral piping or dispensing system

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

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

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

 5  other pollution control devices installed at petroleum product

 6  terminals as defined in this chapter and bulk product

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

 8  management practices in an effort to control surface discharge

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

10  continuing discharge in violation of department rules.

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

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

13  thereof, excluding liquefied petroleum gas.

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

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

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

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

18  unreasonably interfere with the enjoyment of life or property,

19  including outdoor recreation.

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

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

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

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

24  facility or wholesale supply facility is or has ever been

25  located.

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

27  evaluation, planning, design, engineering, construction, and

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

29  discharge, release, or threatened release of a hazardous

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

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

                                  20

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  376.30-376.319.

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

 3  is carrying out any response action, including a person

 4  retained or hired by such person to provide services relating

 5  to a response action.

 6         (39)  "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         (40)(39)  "Secretary" means the Secretary of

11  Environmental Protection.

12         (41)(40)  "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. For purposes of sites subject to

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

18  term includes removal, decontamination, and corrective action

19  of releases of hazardous substances.

20         (42)(41)  "Source removal" means the removal of free

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

22  that has been contaminated to the extent that leaching to

23  groundwater or surface water has occurred or is occurring.

24         (43)(42)  "Storage system" means a stationary tank not

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

26  onsite integral piping or dispensing system associated

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

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

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

30  Environmental Protection under this chapter or any rule

31  adopted pursuant hereto.

                                  21

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         (44)(43)  "Synergistic effects" means a scientific

 2  principle that the toxicity that occurs as a result of

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

 4  individual chemicals to which the individual is exposed.

 5         (45)(44)  "Terminal facility" means any structure,

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

 7  equipment, or related appurtenances which are used or capable

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

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

10  transferring, or processing pollutants, provided such

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

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

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

14  appurtenances owned or operated by a public utility or a

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

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

17  coming from the place of transfer and a terminal facility

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

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

20  be construed to include spill response vessels engaged in

21  response activities related to removal of pollutants, or

22  temporary storage facilities created to temporarily store

23  recovered pollutants and matter, or waterfront facilities

24  owned and operated by governmental entities acting as agents

25  of public convenience for persons engaged in the drilling for

26  or pumping, storing, handling, transferring, processing, or

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

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

29  processing, or refining of pollutants through a waterfront

30  facility owned and operated by such a governmental entity

31  shall be construed as a terminal facility.

                                  22

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         (46)(45)  "Transfer" or "transferred" includes

 2  onloading, offloading, fueling, bunkering, lightering, removal

 3  of waste pollutants, or other similar transfers, between

 4  terminal facility and vessel or vessel and vessel.

 5         Section 8.  Paragraph (i) of subsection (4) and

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

 7  Statutes, are amended, to read:

 8         376.3078  Drycleaning facility restoration; funds;

 9  uses; liability; recovery of expenditures.--

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

11  Legislature to protect the health of all people under actual

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

13  the department shall establish criteria by rule for the

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

15  rehabilitation program tasks that comprise a site

16  rehabilitation program, including a voluntary site

17  rehabilitation program, and the level at which a

18  rehabilitation program task and a site rehabilitation program

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

20  department shall incorporate, to the maximum extent feasible,

21  risk-based corrective action principles to achieve protection

22  of human health and safety and the environment in a

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

24  rule shall also include protocols for the use of natural

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

26  The criteria for determining what constitutes a rehabilitation

27  program task or completion of a site rehabilitation program

28  task or site rehabilitation program, including a voluntary

29  site rehabilitation program, must:

30         (i)  Establish appropriate cleanup target levels for

31  soils.

                                  23

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         1.  In establishing soil cleanup target levels for

 2  human exposure to each contaminant found in soils from the

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

 4  shall consider the following, as appropriate: calculations

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

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

 7  naturally occurring background concentration. Institutional

 8  controls or other methods shall be used to prevent human

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

10  surface.  Any removal of such institutional controls shall

11  require such contaminated soils to be remediated.

12         2.  Leachability-based soil target levels shall be

13  based on protection of the groundwater cleanup target levels

14  or the alternate cleanup target levels for groundwater

15  established pursuant to this paragraph, as appropriate. Source

16  removal and other cost-effective alternatives that are

17  technologically feasible shall be considered in achieving the

18  leachability soil target levels established by the department.

19  The leachability goals shall not be applicable if the

20  department determines, based upon individual site

21  characteristics, that contaminants will not leach into the

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

23  public safety, and the environment.

24         3.  The department may set alternative cleanup target

25  levels based upon the person responsible for site

26  rehabilitation demonstrating, using site-specific modeling and

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

28  the environment are protected.

29

30  The department shall require source removal, if warranted and

31  cost-effective.  Once source removal at a site is complete,

                                  24

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  the department shall reevaluate the site to determine the

 2  degree of active cleanup needed to continue.  Further, the

 3  department shall determine if the reevaluated site qualifies

 4  for monitoring only or if no further action is required to

 5  rehabilitate the site.  If additional site rehabilitation is

 6  necessary to reach "no further action" status, the department

 7  is encouraged to utilize natural attenuation and monitoring

 8  where site conditions warrant.

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

10  intent of the Legislature that the following drycleaning

11  solvent containment shall be required of the owners or

12  operators of drycleaning facilities, as follows:

13         (a)  Owners or operators of drycleaning facilities

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

15  structures around each machine or item of equipment in which

16  drycleaning solvents are used and around any area in which

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

18  or containment structures shall be capable of containing 110

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

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

21  operator of a drycleaning facility shall seal or otherwise

22  render impervious those portions of all dikes' floor surfaces

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

24  otherwise be released. Drycleaning facilities that commenced

25  operating prior to January 1, 1996, applied to the program by

26  December 30, 1997, and reported in the completed application

27  that the facility was not in compliance with this paragraph

28  shall be considered to have had secondary containment timely

29  installed for the purpose of determining eligibility for

30  state-funded site rehabilitation under this section if such

31  drycleaning facility entered into a consent order with the

                                  25

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  department to install secondary containment and installed the

 2  required containment by April 15, 1999. The department shall

 3  reconsider the applications of facilities that meet the

 4  criteria set forth in this paragraph and that were previously

 5  determined to be ineligible due to failure to comply with

 6  secondary containment requirements. Such facilities must meet

 7  all other eligibility requirements.

 8         Section 9.  Section 376.79, Florida Statutes, is

 9  amended to read:

10         376.79  Definitions.--As used in ss. 376.77-376.85, the

11  term:

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

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

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

15  individual is exposed.

16         (2)  "Antagonistic effects" means a scientific

17  principle that the toxicity that occurs as a result of

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

19  individual chemicals to which the individual is exposed.

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

21  abandoned, idled, or underused industrial and commercial

22  properties where expansion or redevelopment is complicated by

23  actual or perceived environmental contamination.

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

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

26  contaminated, and which has been designated by a local

27  government by resolution. Such areas may include all or

28  portions of community redevelopment areas, enterprise zones,

29  empowerment zones, other such designated economically deprived

30  communities and areas, and Environmental Protection

31  Agency-designated brownfield pilot projects.

                                  26

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

 2  biological, or radiological substance present in any medium

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

 4  environment or which creates an adverse nuisance,

 5  organoleptic, or aesthetic condition in groundwater.

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

 7  surface water, or groundwater areas that contain contaminants

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

 9         (7)(6)  "Department" means the Department of

10  Environmental Protection.

11         (8)(7)  "Engineering controls" means modifications to a

12  site to reduce or eliminate the potential for exposure to

13  contaminants.  Such modifications may include, but are not

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

15  point of use treatments, or slurry walls.

16         (9)(8)  "Environmental justice" means the fair

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

18  with respect to the development, implementation, and

19  enforcement of environmental laws, regulations, and policies.

20         (10)(9)  "Institutional controls" means the restriction

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

22  exposure to contaminants.  Such restrictions may include, but

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

24  or conservation easements use restrictions, or restrictive

25  zoning.

26         (11)(10)  "Local pollution control program" means a

27  local pollution control program that has received delegated

28  authority from the Department of Environmental Protection

29  under ss. 376.80(11) and 403.182.

30         (12)(11)  "Natural attenuation" means a verifiable

31  approach to site rehabilitation which allows natural processes

                                  27

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  to contain the spread of contamination and reduce the

 2  concentrations of contaminants in contaminated groundwater and

 3  soil. Natural attenuation processes may include sorption,

 4  biodegradation, chemical reactions with subsurface materials,

 5  diffusion, dispersion, and volatilization. the verifiable

 6  reduction of contaminants through natural processes, which may

 7  include diffusion, dispersion, adsorption, and biodegradation.

 8         (13)(12)  "Person responsible for brownfield site

 9  rehabilitation" means the individual or entity that is

10  designated by the local government to enter into the

11  brownfield site rehabilitation agreement with the department

12  or an approved local pollution control program and enters into

13  an agreement with the local government for redevelopment of

14  the site.

15         (14)(13)  "Person" means any individual, partner, joint

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

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

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

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

20  environment through interim remedial actions, remedial action,

21  or institutional, and if appropriate, engineering controls.

22         (16)(14)  "Secretary" means the secretary of the

23  Department of Environmental Protection.

24         (17)(15)  "Site rehabilitation" means the assessment of

25  site contamination and the remediation activities that reduce

26  the levels of contaminants at a site through accepted

27  treatment methods to meet the cleanup target levels

28  established for that site.

29         (18)(16)  "Source removal" means the removal of free

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

31  that has been contaminated to the extent that leaching to

                                  28

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  groundwater or surface water has occurred or is occurring.

 2         (19)(17)  "Synergistic effects" means a scientific

 3  principle that the toxicity that occurs as a result of

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

 5  individual chemicals to which the individual is exposed.

 6         Section 10.  Subsections (4) and (5) and paragraph (c)

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

 8  amended to read:

 9         376.80  Brownfield program administration process.--

10         (4)  Local governments or persons responsible for

11  rehabilitation and redevelopment of brownfield areas must

12  establish an advisory committee or use an existing advisory

13  committee that has formally expressed its intent to address

14  redevelopment of the specific brownfield area for the purpose

15  of improving public participation and receiving public

16  comments on rehabilitation and redevelopment of the brownfield

17  area, future land use, local employment opportunities,

18  community safety, and environmental justice. Such advisory

19  committee should include residents within or adjacent to the

20  brownfield area, businesses operating within the brownfield

21  area, and others deemed appropriate. The person responsible

22  for brownfield site rehabilitation must notify the advisory

23  committee of the intent to rehabilitate and redevelop the site

24  before executing the brownfield site rehabilitation agreement,

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

26  site rehabilitation which addresses elements required by

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

28  the property as well as site rehabilitation activities, if

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

30  proposed redevelopment agreement required pursuant to

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

                                  29

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  board of the local government with jurisdiction over the

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

 3  the executed brownfield site rehabilitation agreement. When

 4  the person responsible for brownfield site rehabilitation

 5  submits a site assessment report or the technical document

 6  containing the proposed course of action following site

 7  assessment to the department or the local pollution control

 8  program for review, the person responsible for brownfield site

 9  rehabilitation must hold a meeting or attend a regularly

10  scheduled meeting to inform the advisory committee of the

11  findings and recommendations in the site assessment report or

12  the technical document containing the proposed course of

13  action following site assessment.  The advisory committee must

14  review and provide recommendations to the board of the local

15  government with jurisdiction on the proposed site

16  rehabilitation agreement provided in subsection (5).

17         (5)  The person responsible for brownfield site

18  rehabilitation must enter into a brownfield site

19  rehabilitation agreement with the department or an approved

20  local pollution control program if actual contamination exists

21  at the brownfield site. The brownfield site rehabilitation

22  agreement must include:

23         (a)  A brownfield site rehabilitation schedule,

24  including milestones for completion of site rehabilitation

25  tasks and submittal of technical reports and rehabilitation

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

27         (b)  A commitment to conduct site rehabilitation

28  activities under the observation of professional engineers or

29  geologists who are registered in accordance with the

30  requirements of chapter 471 or chapter 492, respectively.

31  Submittals provided by the person responsible for brownfield

                                  30

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  site rehabilitation must be signed and sealed by a

 2  professional engineer registered under chapter 471, or a

 3  professional geologist registered under chapter 492,

 4  certifying that the submittal and associated work comply with

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

 6  profession.  In addition, upon completion of the approved

 7  remedial action, the department shall require a professional

 8  engineer registered under chapter 471 or a professional

 9  geologist registered under chapter 492 to certify that the

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

11  completed in substantial conformance with the plans and

12  specifications approved by the department;

13         (c)  A commitment to conduct site rehabilitation in

14  accordance with an approved comprehensive quality assurance

15  plan under department rules;

16         (d)  A commitment to conduct site rehabilitation

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

18  with the brownfield site contamination cleanup criteria in s.

19  376.81, including any applicable requirements for risk-based

20  corrective action;

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

22  technical reports and plans submitted in accordance with the

23  agreement.  The department shall make every effort to adhere

24  to established agency goals for reasonable timeframes for

25  review of such documents;

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

27  department or approved local pollution control program to all

28  brownfield sites within the eligible brownfield area for

29  activities associated with site rehabilitation;

30         (g)  Other provisions that the person responsible for

31  brownfield site rehabilitation and the department agree upon,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

 2  improve or enhance the brownfield site rehabilitation process;

 3         (h)  A commitment to consider appropriate pollution

 4  prevention measures and to implement those that the person

 5  responsible for brownfield site rehabilitation determines are

 6  reasonable and cost-effective, taking into account the

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

 8  may include improved inventory or production controls and

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

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

11  releases of toxic materials; and

12         (i)  Certification that an agreement exists between the

13  person responsible for brownfield site rehabilitation and the

14  local government with jurisdiction over the brownfield area.

15  Such agreement shall contain terms for the redevelopment of

16  the brownfield area.

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

18  the contractor:

19         (c)  Maintains comprehensive general liability and

20  comprehensive automobile liability insurance with minimum

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

22  million annual aggregate, sufficient to protect it from claims

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

24  well as claims for property damage which may arise from

25  performance of work under the program, designating the state

26  as an additional insured party.

27         Section 11.  Section 376.81, Florida Statutes, is

28  amended to read:

29         376.81  Brownfield site and brownfield areas

30  contamination cleanup criteria.--

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  health of all people under actual circumstances of exposure.

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

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

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

 5  comprise a site rehabilitation program and the level at which

 6  a rehabilitation program task and a site rehabilitation

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

 8  the department shall apply incorporate, to the maximum extent

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

10  achieve protection of human health and safety and the

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

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

13  prescribe a phased risk-based corrective action process that

14  is iterative and that tailors site rehabilitation tasks to

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

16  person responsible for brownfield site rehabilitation are

17  encouraged to establish decision points at which risk

18  management decisions will be made. The department shall

19  provide an early decision, when requested, regarding

20  applicable exposure factors and a risk management approach

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

22  shall also include protocols for the use of natural

23  attenuation, the use of institutional and engineering

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

25  criteria for determining what constitutes a rehabilitation

26  program task or completion of a site rehabilitation program

27  task or site rehabilitation program must:

28         (a)  Consider the current exposure and potential risk

29  of exposure to humans and the environment, including multiple

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

31  characteristics of each contaminant must be considered in

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  order to determine the feasibility of risk-based corrective

 2  action assessment.

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

 4  the contamination.  However, the department is authorized to

 5  temporarily move the point of compliance to the boundary of

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

 7  within the property boundary, while cleanup, including cleanup

 8  through natural attenuation processes in conjunction with

 9  appropriate monitoring, is proceeding.  The department also is

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

11  to temporarily extend the point of compliance beyond the

12  property boundary with appropriate monitoring, if such

13  extension is needed to facilitate natural attenuation or to

14  address the current conditions of the plume, provided human

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

16  When temporarily extending the point of compliance beyond the

17  property boundary, it cannot be extended further than the

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

19  brownfield site rehabilitation agreement, if known, or the

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

21  assessment. Temporary extension of the point of compliance

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

23  must include actual notice by the person responsible for

24  brownfield site rehabilitation to local governments and the

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

26  allowed to extend and constructive notice to residents and

27  business tenants of the property into which the point of

28  compliance is allowed to extend. Persons receiving notice

29  pursuant to this paragraph shall have the opportunity to

30  comment within 30 days of receipt of the notice.

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  all contaminated brownfield sites and brownfield areas

 2  ultimately achieve the applicable cleanup target levels

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

 4  and after constructive notice and opportunity to comment

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

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

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

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

 9  department may allow concentrations of contaminants to

10  temporarily exceed the applicable cleanup target levels while

11  cleanup, including cleanup through natural attenuation

12  processes in conjunction with appropriate monitoring, is

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

14  environment are protected.

15         (d)  Allow brownfield site and brownfield area

16  rehabilitation programs to include the use of institutional or

17  engineering controls, where appropriate, to eliminate or

18  control the potential exposure to contaminants of humans or

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

20  the department and only after constructive notice and

21  opportunity to comment within 30 days from receipt of notice

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

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

24  to residents on any property into which the point of

25  compliance is allowed to extend. When institutional or

26  engineering controls are implemented to control exposure, the

27  removal of the controls must have prior department approval

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

29  or other approved controls, unless cleanup target levels under

30  this section have been achieved.

31         (e)  Consider the additive effects of contaminants.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  The synergistic and antagonistic effects shall also be

 2  considered when the scientific data become available.

 3         (f)  Take into consideration individual site

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

 5  the current and projected use of the affected groundwater and

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

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

 8  the exposed population, the degree and extent of

 9  contamination, the rate of contaminant migration, the apparent

10  or potential rate of contaminant degradation through natural

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

12  potential for further migration in relation to site property

13  boundaries.

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

15         1.  Cleanup target levels for each contaminant found in

16  groundwater shall be the applicable state water quality

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

18  target levels for groundwater shall be based on the minimum

19  criteria specified in department rule.  The department shall

20  apply consider the following, as appropriate, in establishing

21  the applicable cleanup target levels minimum criteria:

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

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

24  limit; and the naturally occurring background concentration;

25  or nuisance, organoleptic, and aesthetic considerations.

26  However, the department shall not require site rehabilitation

27  to achieve a cleanup target level for any individual

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

29  naturally occurring background concentration for that

30  contaminant.

31         2.  Where surface waters are exposed to contaminated

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  groundwater, the cleanup target levels for the contaminants

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

 3  surface water standards as established by department rule.

 4  The point of measuring compliance with the surface water

 5  standards shall be in the groundwater immediately adjacent to

 6  the surface water body.

 7         3.  The department shall approve may set alternative

 8  cleanup target levels in conjunction with institutional and

 9  engineering controls, if needed, based upon an applicant's

10  demonstration, using site-specific data, modeling results, and

11  risk assessment studies, risk reduction techniques, or a

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

13  environment are protected to the same degree as provided in

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

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

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

17  determining whether it is appropriate to establish alternative

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

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

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

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

22  groundwater near marine surface water bodies, the current and

23  projected use of the affected groundwater in the vicinity of

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

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

26  the groundwater contamination is not migrating away from such

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

28  the environment are protected. When using alternative cleanup

29  target levels at a brownfield site, institutional controls

30  shall not be required if:

31         a.  The only cleanup target levels exceeded are the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  groundwater cleanup target levels derived from nuisance,

 2  organoleptic, or aesthetic considerations;

 3         b.  Concentrations of all contaminants meet the state

 4  water quality standards or minimum criteria, based on

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

 6         c.  All of the groundwater cleanup target levels

 7  established pursuant to subparagraph 1. are met at the

 8  property boundary;

 9         d.  The person responsible for brownfield site

10  rehabilitation has demonstrated that the contaminants will not

11  migrate beyond the property boundary at concentrations

12  exceeding the groundwater cleanup target levels established

13  pursuant to subparagraph 1.;

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

15  water supply and no unplugged private wells are used for

16  domestic purposes; and

17         f.  The real property owner provides written acceptance

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

19  local pollution control program.

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

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

22  the use of institutional or engineering controls where

23  appropriate, when alternative cleanup target levels

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

25  or when the person responsible for brownfield site

26  rehabilitation can demonstrate that the cleanup target level

27  is unachievable within available technologies.  Prior to

28  issuing such an order, the department shall consider the

29  feasibility of an alternative site rehabilitation technology

30  in the brownfield area.

31         (i)  Establish appropriate cleanup target levels for

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  soils.

 2         1.  In establishing soil cleanup target levels for

 3  human exposure to each contaminant found in soils from the

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

 5  shall apply consider the following, as appropriate:

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

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

 8  limit; or the naturally occurring background concentration.

 9  However, the department shall not require site rehabilitation

10  to achieve a cleanup target level for an individual

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

12  naturally occurring background concentration for that

13  contaminant. Institutional controls or other methods shall be

14  used to prevent human exposure to contaminated soils more than

15  2 feet below the land surface.  Any removal of such

16  institutional controls shall require such contaminated soils

17  to be remediated.

18         2.  Leachability-based soil target levels shall be

19  based on protection of the groundwater cleanup target levels

20  or the alternate cleanup target levels for groundwater

21  established pursuant to this paragraph, as appropriate. Source

22  removal and other cost-effective alternatives that are

23  technologically feasible shall be considered in achieving the

24  leachability soil target levels established by the department.

25  The leachability goals shall not be applicable if the

26  department determines, based upon individual site

27  characteristics, and in conjunction with institutional and

28  engineering controls, if needed, that contaminants will not

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

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

31         3.  The department shall approve may set alternative

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  cleanup target levels in conjunction with institutional and

 2  engineering controls, if needed, based upon an applicant's

 3  demonstration, using site-specific data, modeling results, and

 4  risk assessment studies, risk reduction techniques, or a

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

 6  environment are protected to the same degree as provided in

 7  subparagraphs 1. and 2.

 8         (2)  The department shall require source removal, if

 9  warranted and cost-effective.  Once source removal at a site

10  is complete, the department shall reevaluate the site to

11  determine the degree of active cleanup needed to continue.

12  Further, the department shall determine if the reevaluated

13  site qualifies for monitoring only or if no further action is

14  required to rehabilitate the site.  If additional site

15  rehabilitation is necessary to reach "no further action"

16  status, the department is encouraged to utilize natural

17  attenuation and monitoring where site conditions warrant.

18         (3)  The cleanup criteria established pursuant to this

19  section govern only site rehabilitation activities occurring

20  at the contaminated site. Removal of contaminated media from a

21  site for offsite relocation or treatment must be in accordance

22  with all applicable federal, state, and local laws and

23  regulations.

24         Section 12.  Paragraph (k) is added to subsection (2)

25  of section 376.82, Florida Statutes, to read:

26         376.82  Eligibility criteria and liability

27  protection.--

28         (2)  LIABILITY PROTECTION.--

29         (k)  A person whose property becomes contaminated due

30  to geophysical or hydrologic reasons, including the migration

31  of contaminants onto their property from the operation of

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  facilities and activities on a nearby designated brownfield

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

 3  that utilized or stored the contaminants or similar

 4  constituents is not subject to administrative or judicial

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

 6  rehabilitation of or the payment of the costs for the

 7  rehabilitation of sites contaminated by materials that

 8  migrated onto the property from the designated brownfield

 9  area, if the person:

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

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

12  designated brownfield area operated at the source location;

13         2.  Did not participate in the operation or management

14  of the activities in the designated brownfield area operated

15  at the source location; and

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

17  release or threat of release of any hazardous substance

18  through any act or omission.

19         Section 13.  Paragraph (d) is added to subsection (3)

20  of section 403.973, Florida Statutes, to read:

21         403.973  Expedited permitting; comprehensive plan

22  amendments.--

23         (3)

24         (d)  Projects located in a designated brownfield area

25  are eligible for the expedited permitting process.

26         Section 14.  Subsection (1) of section 190.012, Florida

27  Statutes, is amended to read:

28         190.012  Special powers; public improvements and

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

30  may exercise, subject to the regulatory jurisdiction and

31  permitting authority of all applicable governmental bodies,

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  agencies, and special districts having authority with respect

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

 3  special powers relating to public improvements and community

 4  facilities authorized by this act:

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

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

 7  and maintain systems, facilities, and basic infrastructures

 8  for the following:

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

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

11  with roads and bridges.

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

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

14  construct and operate connecting intercepting or outlet sewers

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

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

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

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

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

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

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

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

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

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

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

26  specifications of the county in which such district roads are

27  located, and street lights.

28         2.  Buses, trolleys, transit shelters, ridesharing

29  facilities and services, parking improvements, and related

30  signage.

31         (e)  Investigation and remediation costs associated

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  with the cleanup of actual or perceived environmental

 2  contamination within the district under the supervision or

 3  direction of a competent governmental authority unless the

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

 5  district and who caused or contributed to the contamination.

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

 7  wildlife habitat, including the maintenance of any plant or

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

 9  property.

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

11  boundaries of a district when a local government issued a

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

13  approving or expressly requiring the construction or funding

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

15  subject of an agreement between the district and a

16  governmental entity and is consistent with the local

17  government comprehensive plan of the local government within

18  which the project is to be located.

19         Section 15.  Section 712.01, Florida Statutes, is

20  amended to read:

21         712.01  Definitions.--As used in this law:

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

23  or plural, natural or corporate, private or governmental,

24  including the state and any political subdivision or agency

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

26  and including any homeowners' association.

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

28  purporting to create or transfer the estate claimed by any

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

30  recorded at least 30 years prior to the time when

31  marketability is being determined.  The effective date of the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

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

 3  or court proceeding which affects title to any estate or

 4  interest in land and which describes the land sufficiently to

 5  identify its location and boundaries.

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

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

 8  association of parcel owners which is authorized to enforce

 9  use restrictions that are imposed on the parcels.

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

11  used for residential purposes that is subject to exclusive

12  ownership and which is subject to any covenant or restriction

13  of a homeowners' association.

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

15  agreement or limitation contained in a document recorded in

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

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

18  enforced by a homeowners' association or which authorizes a

19  homeowners' association to impose a charge or assessment

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

21  enforced by the Florida Department of Environmental Protection

22  pursuant to chapter 376 or chapter 403.

23         Section 16.  Section 712.03, Florida Statutes, is

24  amended to read:

25         712.03  Exceptions to marketability.--Such marketable

26  record title shall not affect or extinguish the following

27  rights:

28         (1)  Estates or interests, easements and use

29  restrictions disclosed by and defects inherent in the

30  muniments of title on which said estate is based beginning

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1  reference in any of such muniments to easements, use

 2  restrictions or other interests created prior to the root of

 3  title shall not be sufficient to preserve them unless specific

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

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

 6  transaction which imposed, transferred or continued such

 7  easement, use restrictions or other interests; subject,

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

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

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

11  notice in accordance with the provisions hereof.

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

13  so long as such person is in such possession.

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

15  of a title transaction which has been recorded subsequent to

16  the effective date of the root of title.

17         (5)  Recorded or unrecorded easements or rights,

18  interest or servitude in the nature of easements,

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

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

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

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

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

24  mortgage or deed of trust or any supplement thereto

25  encumbering any such recorded or unrecorded easements, or

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

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

28  herein shall be construed as preserving to the mortgagee or

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

30  supplement thereto any greater rights than the rights of the

31  mortgagor or grantor.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





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

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

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

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

 5  person's name.

 6         (7)  State title to lands beneath navigable waters

 7  acquired by virtue of sovereignty.

 8         (8)  A restriction or covenant recorded pursuant to

 9  chapter 376 or chapter 403.

10         Section 17.  Section 376.3195, Florida Statutes, is

11  repealed.

12         Section 18.  This act shall take effect upon becoming a

13  law.

14

15

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

17  And the title is amended as follows:

18         On page 1, line 2 through page 4, line 4

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

20

21  and insert in lieu thereof:

22         An act relating to pollution control; amending

23         s. 206.9935, F.S.; providing requirements for

24         determination of the rate; amending s. 252.87,

25         F.S.; revising reporting requirements under the

26         Hazardous Materials Emergency Response and

27         Community Right-to-Know Act; amending s.

28         288.047, F.S.; requiring Enterprise Florida,

29         Inc., to set aside each fiscal year a certain

30         amount of the appropriation for the Quick

31         Response Training Program for businesses

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         located in a brownfield area; amending s.

 2         288.107, F.S.; redefining the term "eligible

 3         business"; providing for bonus refunds for

 4         businesses that can demonstrate a fixed capital

 5         investment in certain mixed use activities in

 6         the brownfield area; amending s. 288.905, F.S.;

 7         requiring Enterprise Florida, Inc., to develop

 8         comprehensive marketing strategies for

 9         redevelopment of brownfield areas; amending s.

10         376.051, F.S.; providing for the use of

11         risk-based cleanup criteria on state university

12         lands; amending s. 376.301, F.S.; redefining

13         the terms "antagonistic effects," "discharge,"

14         "institutional controls," "natural

15         attenuation," and "site rehabilitation" and

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

17         376.3078, F.S.; providing conditions with

18         respect to determination of eligibility of

19         specified drycleaning facilities for

20         state-funded site rehabilitation; providing for

21         rehabilitation criteria; amending s. 376.79,

22         F.S.; defining the terms "contaminant" and

23         "risk reduction"; redefining the terms "natural

24         attenuation," "institutional control," and

25         "source removal"; amending s. 376.80, F.S.;

26         allowing local governments or persons

27         responsible for brownfield area rehabilitation

28         and redevelopment to use an existing advisory

29         committee; deleting the requirement that the

30         advisory committee must review and provide

31         recommendations to the local government with

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         jurisdiction on the proposed brownfield site

 2         rehabilitation agreement; providing that the

 3         person responsible for site rehabilitation must

 4         notify the advisory committee of the intent to

 5         rehabilitate and redevelop the site before

 6         executing the brownfield site rehabilitation

 7         agreement; requiring the person responsible for

 8         site rehabilitation to hold a meeting or attend

 9         a regularly scheduled meeting of the advisory

10         committee to inform the advisory committee of

11         the outcome of the environmental assessment;

12         requiring the person responsible for site

13         rehabilitation to enter into a brownfield site

14         rehabilitation agreement only if actual

15         contamination exists; clarifying provisions

16         relating to the required comprehensive general

17         liability and comprehensive automobile

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

19         providing direction regarding the risk-based

20         corrective action rule; requiring the

21         department to establish alternative cleanup

22         levels under certain circumstances; amending s.

23         376.82, F.S.; providing immunity for liability

24         regarding contaminated site remediation under

25         certain circumstances; amending s. 403.973,

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

27         designated brownfield area are eligible for the

28         expedited permitting process; amending s.

29         190.012, F.S.; authorizing community

30         development districts to fund certain

31         environmental costs under certain

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    hap0019                     10:39 pm         02355-gg  -390539




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2355

    Amendment No.     (for drafter's use only)





 1         circumstances; amending ss. 712.01, 712.03,

 2         F.S.; prohibiting subsequent property owners

 3         from removing certain deed restrictions under

 4         other provisions of the Marketable Record Title

 5         Act; repealing s. 376.3195, F.S.; providing an

 6         effective date.

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