House Bill 2355e1

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                                          HB 2355, First Engrossed



  1                      A bill to be entitled

  2         An act relating to pollution control; amending

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

  4         determination of the rate; amending s. 252.87,

  5         F.S.; revising reporting requirements under the

  6         Hazardous Materials Emergency Response and

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

  8         288.047, F.S.; requiring Enterprise Florida,

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

10         amount of the appropriation for the Quick

11         Response Training Program for businesses

12         located in a brownfield area; amending s.

13         288.107, F.S.; redefining the term "eligible

14         business"; providing for bonus refunds for

15         businesses that can demonstrate a fixed capital

16         investment in certain mixed use activities in

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

18         requiring Enterprise Florida, Inc., to develop

19         comprehensive marketing strategies for

20         redevelopment of brownfield areas; amending s.

21         376.051, F.S.; providing for the use of

22         risk-based cleanup criteria on state university

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

24         the terms "antagonistic effects," "discharge,"

25         "institutional controls," "natural

26         attenuation," and "site rehabilitation" and

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

28         376.303, F.S.; providing authority for mapping

29         and registering contamination within

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

31         providing conditions with respect to


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                                          HB 2355, First Engrossed



  1         determination of eligibility of specified

  2         drycleaning facilities for state-funded site

  3         rehabilitation; providing for rehabilitation

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

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

  6         redefining the terms "natural attenuation,"

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

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

  9         governments or persons responsible for

10         brownfield area rehabilitation and

11         redevelopment to use an existing advisory

12         committee; deleting the requirement that the

13         advisory committee must review and provide

14         recommendations to the local government with

15         jurisdiction on the proposed brownfield site

16         rehabilitation agreement; providing that the

17         person responsible for site rehabilitation must

18         notify the advisory committee of the intent to

19         rehabilitate and redevelop the site before

20         executing the brownfield site rehabilitation

21         agreement; requiring the person responsible for

22         site rehabilitation to hold a meeting or attend

23         a regularly scheduled meeting of the advisory

24         committee to inform the advisory committee of

25         the outcome of the environmental assessment;

26         requiring the person responsible for site

27         rehabilitation to enter into a brownfield site

28         rehabilitation agreement only if actual

29         contamination exists; clarifying provisions

30         relating to the required comprehensive general

31         liability and comprehensive automobile


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                                          HB 2355, First Engrossed



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

  2         providing direction regarding the risk-based

  3         corrective action rule; requiring the

  4         department to establish alternative cleanup

  5         levels under certain circumstances; amending s.

  6         376.82, F.S.; providing immunity for liability

  7         regarding contaminated site remediation under

  8         certain circumstances; amending s. 403.973,

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

10         designated brownfield area are eligible for the

11         expedited permitting process; amending s.

12         190.012, F.S.; authorizing community

13         development districts to fund certain

14         environmental costs under certain

15         circumstances; amending ss. 712.01, 712.03,

16         F.S.; prohibiting subsequent property owners

17         from removing certain deed restrictions under

18         other provisions of the Marketable Record Title

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

20         financial incentives which a local government

21         may offer in an urban infill and redevelopment

22         area which relate to exemption from local

23         option sales surtaxes and waiver of delinquent

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

25         eligible for the exemption from collecting

26         local option sales surtaxes, a business must

27         submit an application under oath to the local

28         government, which must be approved and

29         submitted to the Department of Revenue;

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

31         authority of a local government to adopt


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                                          HB 2355, First Engrossed



  1         financial and local government incentives under

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

  3         provisions relating to sales tax exemptions;

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

  5         transfer of unused funds between grant

  6         categories under the Urban Infill and

  7         Redevelopment Assistance Grant Program;

  8         repealing s. 376.3195, F.S.; providing an

  9         effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

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

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

15  Statutes, is amended to read:

16         206.9935  Taxes imposed.--

17         (2)  TAX FOR WATER QUALITY.--

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

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

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

21  otherwise.

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

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

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

25  pollutants first imported into or produced in this state shall

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

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

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

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

30  fuel, or other pollutants.

31


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                                          HB 2355, First Engrossed



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

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

  3  fuel tax imposed pursuant to s. 206.41.

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

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

  6  pollutant, or equivalent measure as established by the

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

  8  unobligated balance of the Water Quality Assurance Trust Fund

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

10  the applicable rates specified in subparagraph 2. and shall

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

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

13  the rates specified in subparagraph 1. If the unobligated

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

15  shall be discontinued until the unobligated balance of the

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

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

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

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

20  Department of Revenue when the unobligated balance of the fund

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

22  The unobligated balance of the Water Quality Assurance Trust

23  Fund as it relates to determination of the applicable excise

24  tax rate shall exclude the unobligated balances of funds of

25  the Dry Cleaning, Operator Certification, and nonagricultural

26  nonpoint source programs, and other required reservations of

27  fund balance.  The unobligated balance in the Water Quality

28  Assurance Trust Fund is based upon the current unreserved fund

29  balance, projected revenues, authorized legislative

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

31  for the subsequent fiscal year.  Determination of the


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                                          HB 2355, First Engrossed



  1  unobligated balance of the Water Quality Assurance Trust Fund

  2  shall be performed annually subsequent to the annual

  3  legislative appropriations becoming law.

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

  5  2.36 cents per gallon of solvents, 1 cent per gallon of motor

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

  7  products, pesticides, ammonia, and chlorine.

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

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

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

11  cents per barrel of petroleum products, pesticides, and

12  chlorine. ingestion.

13         (3)  TAX FOR INLAND PROTECTION.--

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

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

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

17  otherwise.

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

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

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

21  206.41.  The tax shall be paid or remitted by any person who

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

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

24  other pollutants.

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

26  equivalent measure as established by the department, produced

27  in or imported into this state shall be:

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

29  is between $100 million and $150 million.

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

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


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                                          HB 2355, First Engrossed



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

  2  is $50 million or less.

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

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

  5  fund requires that a higher rate be levied.

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

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

  8  unobligated balance of the fund reaches $100 million.

  9         4.  The Secretary of Environmental Protection shall

10  immediately notify the Department of Revenue when the

11  unobligated balance of the fund falls below or exceeds an

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

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

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

15  the Secretary of Environmental Protection when the unobligated

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

17  pursuant to this subsection. The unobligated balance of the

18  Inland Protection Trust Fund as it relates to determination of

19  the applicable excise tax rate shall exclude any required

20  reservations of fund balance.  The unobligated balance of the

21  Inland Protection Trust Fund is based upon the current

22  unreserved fund balance, projected revenues, authorized

23  legislative appropriations, and funding for the department's

24  base budget for the subsequent fiscal year.  Determination of

25  the unobligated balance of the Inland Protection Trust Fund

26  shall be performed annually subsequent to the annual

27  legislative appropriations becoming law.

28         (c)  This subsection shall be reviewed by the

29  Legislature during the 1998 regular legislative session.

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

31  Florida Statutes, are amended to read:


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                                          HB 2355, First Engrossed



  1         252.87  Supplemental state reporting requirements.--

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

  3  this state at which hazardous materials are present in

  4  quantities at or above the thresholds established under ss.

  5  311(b) and 312(b) of EPCRA shall comply with the reporting

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

  7  also be responsible for notifying the department, the local

  8  emergency planning committee and the local fire department in

  9  writing within 30 days if there is a discontinuance or

10  abandonment of the employer's business activities that could

11  affect any stored hazardous materials.

12         (7)  The department shall avoid duplicative reporting

13  requirements by utilizing the reporting requirements of other

14  state agencies that regulate hazardous materials to the extent

15  feasible and shall only request the necessary information

16  authorized required under EPCRA or required to implement the

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

18  the State Emergency Response Commission for Hazardous

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

20  daily amount entry on the chemical inventory report required

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

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

23  entry for the Federal Employer Identification Number on this

24  report.  To the extent feasible, the department shall

25  encourage and accept required information in a form initiated

26  through electronic data interchange and shall describe by rule

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

28  transmission necessary for using such form. To the extent

29  feasible, the Department of Insurance, the Department of

30  Agriculture and Consumer Services, the Department of

31  Environmental Protection, the Public Service Commission, the


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                                          HB 2355, First Engrossed



  1  Department of Revenue, the Department of Labor and Employment

  2  Security, and other state agencies which regulate hazardous

  3  materials shall coordinate with the department in order to

  4  avoid duplicative requirements contained in each agency's

  5  respective reporting or registration forms. The other state

  6  agencies that inspect facilities storing hazardous materials

  7  and suppliers and distributors of covered substances shall

  8  assist the department in informing the facility owner or

  9  operator of the requirements of this part. The department

10  shall provide the other state agencies with the necessary

11  information and materials to inform the owners and operators

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

13  these agencies are not adversely affected.

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

15  Statutes, is amended to read:

16         288.047  Quick-response training for economic

17  development.--

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

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

20  amount appropriated for the Quick-Response Training Program by

21  the Legislature to fund instructional programs for businesses

22  located in an enterprise zone or brownfield area to instruct

23  residents of an enterprise zone. Any unencumbered funds

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

25  6-month period may be used to provide funding for any program

26  qualifying for funding pursuant to this section.

27         Section 4.  Section 288.107, Florida Statutes, is

28  amended to read:

29         288.107  Brownfield redevelopment bonus refunds.--

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

31


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                                          HB 2355, First Engrossed



  1         (a)  "Account" means the Economic Development

  2  Incentives Account as authorized in s. 288.095.

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

  4  abandoned, idled, or underused industrial and commercial

  5  properties where expansion or redevelopment is complicated by

  6  actual or perceived environmental contamination.

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

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

  9  contaminated, and which has been designated by a local

10  government by resolution. Such areas may include all or

11  portions of community redevelopment areas, enterprise zones,

12  empowerment zones, other such designated economically deprived

13  communities and areas, and

14  Environmental-Protection-Agency-designated brownfield pilot

15  projects.

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

17  Tourism, Trade, and Economic Development.

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

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

20  business that can demonstrate a fixed capital investment of at

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

22  multiunit housing, commercial, retail, and industrial in

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

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

25  county in which the business is located.

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

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

28  Labor and Employment Security for the purpose of unemployment

29  compensation tax, resulting directly from a project in this

30  state.  This number does not include temporary construction

31  jobs involved with the construction of facilities for the


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                                          HB 2355, First Engrossed



  1  project and which are not associated with the implementation

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

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

  4  Economic Development.

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

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

  7  288.106.

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

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

10  any qualified target industry business or other eligible

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

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

13  target industry business's annual refund claim authorized in

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

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

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

17  by the director.

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

19  in the brownfield redevelopment bonus refund are:

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

21  permanent jobs.  Such jobs shall not include construction or

22  site rehabilitation jobs associated with the implementation of

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

24         (b)  The completion of 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 pay 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

31


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                                          HB 2355, First Engrossed



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

  2  diversify and strengthen the economy of the area surrounding

  3  the site.

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

  5  promote capital investment in the area beyond that

  6  contemplated for the rehabilitation of the site.

  7         (4)  PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS

  8  REFUNDS.--

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

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

11  been certified as a qualified target industry business under

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

13  and must have indicated on the qualified target industry tax

14  refund application form submitted in accordance with s.

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

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

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

18  brownfield and that the business is applying for certification

19  as a qualified brownfield business under this section, and

20  must have signed a qualified target industry tax refund

21  agreement with the office which indicates that the business

22  has been certified as a qualified target industry business

23  located in a brownfield and specifies the schedule of

24  brownfield redevelopment bonus refunds that the business may

25  be eligible to receive in each fiscal year.

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

27  redevelopment bonus refund payment, the business meeting the

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

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

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

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


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                                          HB 2355, First Engrossed



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

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

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

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

  5  administrative rules and policies for that section.

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

  7  schedule as the qualified target industry tax refund payments

  8  scheduled in the qualified target industry tax refund

  9  agreement authorized in s. 288.106 or other similar agreement

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

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

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

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

14  eligible business may receive brownfield redevelopment bonus

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

16         (e)  An eligible business that fraudulently claims a

17  refund under this section:

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

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

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

21  General Revenue Fund.

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

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

24         (f)  The office shall review all applications submitted

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

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

27  indicate that the proposed project will be located in a

28  brownfield and determine, with the assistance of the

29  Department of Environmental Protection, that the project

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

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                                          HB 2355, First Engrossed



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

  2  brownfield redevelopment bonus refund payment that are found

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

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

  5  required from the office and the Department of Environmental

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

  7  the brownfield redevelopment bonus refund that is authorized

  8  for the qualified target industry business for the fiscal year

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

10  tax refund is received by the office.

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

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

13  exceed the total amount appropriated to the Economic

14  Development Incentives Account for this purpose for the fiscal

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

16  an amount sufficient to satisfy projections by the office for

17  brownfield redevelopment bonus refunds under this section in a

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

19  year, determine the proportion of each brownfield

20  redevelopment bonus refund claim which shall be paid by

21  dividing the amount appropriated for tax refunds for the

22  fiscal year by the projected total of brownfield redevelopment

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

24  claim for a brownfield redevelopment bonus tax refund shall be

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

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

27  Development Incentives Account for brownfield redevelopment

28  tax refunds, the office shall recalculate the proportion for

29  each refund claim and adjust the amount of each claim

30  accordingly.

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                                          HB 2355, First Engrossed



  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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                                          HB 2355, First Engrossed



  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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                                          HB 2355, First Engrossed



  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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                                          HB 2355, First Engrossed



  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


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                                          HB 2355, First Engrossed



  1         (13)  "Drycleaning facility" means a commercial

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

  3  operated for the primary purpose of drycleaning clothing and

  4  other fabrics utilizing a process that involves any use of

  5  drycleaning solvents. The term "drycleaning facility" includes

  6  laundry facilities that use drycleaning solvents as part of

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

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

  9  uniform rental company or a linen supply company regardless of

10  whether the facility operates as or was previously operated as

11  a drycleaning facility.

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

13  nonaqueous solvents used in the cleaning of clothing and other

14  fabrics and includes perchloroethylene (also known as

15  tetrachloroethylene) and petroleum-based solvents, and their

16  breakdown products. For purposes of this definition,

17  "drycleaning solvents" only includes those drycleaning

18  solvents originating from use at a drycleaning facility or by

19  a wholesale supply facility.

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

21  retail store that receives from customers clothing and other

22  fabrics for drycleaning or laundering at an offsite

23  drycleaning facility and that does not clean the clothing or

24  fabrics at the store utilizing drycleaning solvents.

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

26  site to reduce or eliminate the potential for exposure to

27  petroleum products' chemicals of concern, drycleaning

28  solvents, or other contaminants.  Such modifications may

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

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

31


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                                          HB 2355, First Engrossed



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

  2  establishment that supplies drycleaning solvents to

  3  drycleaning facilities.

  4         (18)  "Facility" means a nonresidential location

  5  containing, or which contained, any underground stationary

  6  tank or tanks which contain hazardous substances or pollutants

  7  and have individual storage capacities greater than 110

  8  gallons, or any aboveground stationary tank or tanks which

  9  contain pollutants which are liquids at standard ambient

10  temperature and pressure and have individual storage

11  capacities greater than 550 gallons. This subsection shall not

12  apply to facilities covered by chapter 377, or containers

13  storing solid or gaseous pollutants, and agricultural tanks

14  having storage capacities of less than 550 gallons.

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

16  tank that contains hazardous substances or specified mineral

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

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

19  variable, recurring, or intermittent flow of materials during

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

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

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

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

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

25  accomplished.

26         (20)  "Hazardous substances" means those substances

27  defined as hazardous substances in the Comprehensive

28  Environmental Response, Compensation and Liability Act of

29  1980, Pub. L. No. 96-510, 94 Stat. 2767, as amended by the

30  Superfund Amendments and Reauthorization Act of 1986.

31


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                                          HB 2355, First Engrossed



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

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

  3  petroleum products' chemicals of concern, drycleaning

  4  solvents, or other contaminants.  Such restrictions may

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

  6  restrictive covenants, or conservation easements use

  7  restrictions, or restrictive zoning.

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

  9  the service provided by the owner or operator of a

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

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

12  customers.

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

14  recreational coastal facility, excluding a bulk product

15  facility, providing fuel to vessels.

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

17  approach to site rehabilitation that allows natural processes

18  to contain the spread of contamination and reduce the

19  concentrations of contaminants in contaminated groundwater and

20  soil. Natural attenuation processes may include the following:

21  sorption, biodegradation, chemical reactions with subsurface

22  materials, diffusion, dispersion, and volatilization.

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

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

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

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

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

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

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

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

31  pollutants are discharged, when the discharge occurs.


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                                          HB 2355, First Engrossed



  1         (29)  "Person responsible for conducting site

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

  3  designated by the site owner or operator on the reimbursement

  4  application.  Mortgage holders and trust holders may be

  5  eligible to participate in the reimbursement program pursuant

  6  to s. 376.3071(12).

  7         (30)  "Petroleum" includes:

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

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

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

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

12  and

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

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

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

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

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

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

19  a mixture of gasoline and other products, excluding liquefied

20  petroleum gas and American Society for Testing and Materials

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

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

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

24  petrochemical feedstocks.

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

26  the constituents of petroleum products, including, but not

27  limited to, xylene, benzene, toluene, ethylbenzene,

28  naphthalene, and similar chemicals, and constituents in

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

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

31


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                                          HB 2355, First Engrossed



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

  2  result of a discharge of petroleum products.

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

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

  5  with any onsite integral piping or dispensing system

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

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

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

  9  other pollution control devices installed at petroleum product

10  terminals as defined in this chapter and bulk product

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

12  management practices in an effort to control surface discharge

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

14  continuing discharge in violation of department rules.

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

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

17  thereof, excluding liquefied petroleum gas.

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

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

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

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

22  unreasonably interfere with the enjoyment of life or property,

23  including outdoor recreation.

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

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

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

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

28  facility or wholesale supply facility is or has ever been

29  located.

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

31  evaluation, planning, design, engineering, construction, and


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                                          HB 2355, First Engrossed



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

  2  discharge, release, or threatened release of a hazardous

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

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

  5  376.30-376.319.

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

  7  is carrying out any response action, including a person

  8  retained or hired by such person to provide services relating

  9  to a response action.

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

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

12  environment through interim remedial actions, remedial action,

13  or institutional and, if appropriate, engineering controls.

14         (40)(39)  "Secretary" means the Secretary of

15  Environmental Protection.

16         (41)(40)  "Site rehabilitation" means the assessment of

17  site contamination and the remediation activities that reduce

18  the levels of contaminants at a site through accepted

19  treatment methods to meet the cleanup target levels

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

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

22  term includes removal, decontamination, and corrective action

23  of releases of hazardous substances.

24         (42)(41)  "Source removal" means the removal of free

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

26  that has been contaminated to the extent that leaching to

27  groundwater or surface water has occurred or is occurring.

28         (43)(42)  "Storage system" means a stationary tank not

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

30  onsite integral piping or dispensing system associated

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


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                                          HB 2355, First Engrossed



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

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

  3  Environmental Protection under this chapter or any rule

  4  adopted pursuant hereto.

  5         (44)(43)  "Synergistic effects" means a scientific

  6  principle that the toxicity that occurs as a result of

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

  8  individual chemicals to which the individual is exposed.

  9         (45)(44)  "Terminal facility" means any structure,

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

11  equipment, or related appurtenances which are used or capable

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

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

14  transferring, or processing pollutants, provided such

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

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

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

18  appurtenances owned or operated by a public utility or a

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

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

21  coming from the place of transfer and a terminal facility

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

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

24  be construed to include spill response vessels engaged in

25  response activities related to removal of pollutants, or

26  temporary storage facilities created to temporarily store

27  recovered pollutants and matter, or waterfront facilities

28  owned and operated by governmental entities acting as agents

29  of public convenience for persons engaged in the drilling for

30  or pumping, storing, handling, transferring, processing, or

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


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                                          HB 2355, First Engrossed



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

  2  processing, or refining of pollutants through a waterfront

  3  facility owned and operated by such a governmental entity

  4  shall be construed as a terminal facility.

  5         (46)(45)  "Transfer" or "transferred" includes

  6  onloading, offloading, fueling, bunkering, lightering, removal

  7  of waste pollutants, or other similar transfers, between

  8  terminal facility and vessel or vessel and vessel.

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

10  Florida Statutes, are added to read:

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

12  implemented at any contaminated site in a brownfield area

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

14  provide information regarding the institutional control to the

15  local government for mapping purposes. The local government

16  must then note the existence of the institutional control on

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

18  reference to the department's site registry developed pursuant

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

20  requires recording with the local government, then the map

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

22  page number where recorded. When a local government is

23  provided with evidence that the department has subsequently

24  issued a no further action order without institutional

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

26  government shall remove the notation.

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

28  maintain a registry of all contaminated sites located in a

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

30  subject to institutional and engineering controls, in order to

31  provide a mechanism for the public and local governments to


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                                          HB 2355, First Engrossed



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

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

  3  environment in relation to these sites, and evaluate economic

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

  5  registry shall include the type of institutional or

  6  engineering controls employed at a particular site, types of

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

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

  9  registry at which the department has subsequently issued a no

10  further action order without institutional controls shall be

11  removed from the registry. The department shall make the

12  registry available to the public and local governments within

13  1 year after the effective date of this act. The department

14  shall provide local governments with actual notice when the

15  registry becomes available. Local zoning and planning offices

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

17  view.

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

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

20  Statutes, are amended, to read:

21         376.3078  Drycleaning facility restoration; funds;

22  uses; liability; recovery of expenditures.--

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

24  Legislature to protect the health of all people under actual

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

26  the department shall establish criteria by rule for the

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

28  rehabilitation program tasks that comprise a site

29  rehabilitation program, including a voluntary site

30  rehabilitation program, and the level at which a

31  rehabilitation program task and a site rehabilitation program


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                                          HB 2355, First Engrossed



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

  2  department shall incorporate, to the maximum extent feasible,

  3  risk-based corrective action principles to achieve protection

  4  of human health and safety and the environment in a

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

  6  rule shall also include protocols for the use of natural

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

  8  The criteria for determining what constitutes a rehabilitation

  9  program task or completion of a site rehabilitation program

10  task or site rehabilitation program, including a voluntary

11  site rehabilitation program, must:

12         (i)  Establish appropriate cleanup target levels for

13  soils.

14         1.  In establishing soil cleanup target levels for

15  human exposure to each contaminant found in soils from the

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

17  shall consider the following, as appropriate: calculations

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

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

20  naturally occurring background concentration. Institutional

21  controls or other methods shall be used to prevent human

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

23  surface.  Any removal of such institutional controls shall

24  require such contaminated soils to be remediated.

25         2.  Leachability-based soil target levels shall be

26  based on protection of the groundwater cleanup target levels

27  or the alternate cleanup target levels for groundwater

28  established pursuant to this paragraph, as appropriate. Source

29  removal and other cost-effective alternatives that are

30  technologically feasible shall be considered in achieving the

31  leachability soil target levels established by the department.


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                                          HB 2355, First Engrossed



  1  The leachability goals shall not be applicable if the

  2  department determines, based upon individual site

  3  characteristics, that contaminants will not leach into the

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

  5  public safety, and the environment.

  6         3.  The department may set alternative cleanup target

  7  levels based upon the person responsible for site

  8  rehabilitation demonstrating, using site-specific modeling and

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

10  the environment are protected.

11

12  The department shall require source removal, if warranted and

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

14  the department shall reevaluate the site to determine the

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

16  department shall determine if the reevaluated site qualifies

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

18  rehabilitate the site.  If additional site rehabilitation is

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

20  is encouraged to utilize natural attenuation and monitoring

21  where site conditions warrant.

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

23  intent of the Legislature that the following drycleaning

24  solvent containment shall be required of the owners or

25  operators of drycleaning facilities, as follows:

26         (a)  Owners or operators of drycleaning facilities

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

28  structures around each machine or item of equipment in which

29  drycleaning solvents are used and around any area in which

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

31  or containment structures shall be capable of containing 110


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                                          HB 2355, First Engrossed



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

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

  3  operator of a drycleaning facility shall seal or otherwise

  4  render impervious those portions of all dikes' floor surfaces

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

  6  otherwise be released. Drycleaning facilities that commenced

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

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

  9  that the facility was not in compliance with this paragraph

10  shall be considered to have had secondary containment timely

11  installed for the purpose of determining eligibility for

12  state-funded site rehabilitation under this section if such

13  drycleaning facility entered into a consent order with the

14  department to install secondary containment and installed the

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

16  reconsider the applications of facilities that meet the

17  criteria set forth in this paragraph and that were previously

18  determined to be ineligible due to failure to comply with

19  secondary containment requirements. Such facilities must meet

20  all other eligibility requirements.

21         Section 10.  Section 376.79, Florida Statutes, is

22  amended to read:

23         376.79  Definitions.--As used in ss. 376.77-376.85, the

24  term:

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

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

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

28  individual is exposed.

29         (2)  "Antagonistic effects" means a scientific

30  principle that the toxicity that occurs as a result of

31


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                                          HB 2355, First Engrossed



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

  2  individual chemicals to which the individual is exposed.

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

  4  abandoned, idled, or underused industrial and commercial

  5  properties where expansion or redevelopment is complicated by

  6  actual or perceived environmental contamination.

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

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

  9  contaminated, and which has been designated by a local

10  government by resolution. Such areas may include all or

11  portions of community redevelopment areas, enterprise zones,

12  empowerment zones, other such designated economically deprived

13  communities and areas, and Environmental Protection

14  Agency-designated brownfield pilot projects.

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

16  biological, or radiological substance present in any medium

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

18  environment or which creates an adverse nuisance,

19  organoleptic, or aesthetic condition in groundwater.

20         (6)(5)  "Contaminated site" means any contiguous land,

21  surface water, or groundwater areas that contain contaminants

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

23         (7)(6)  "Department" means the Department of

24  Environmental Protection.

25         (8)(7)  "Engineering controls" means modifications to a

26  site to reduce or eliminate the potential for exposure to

27  contaminants.  Such modifications may include, but are not

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

29  point of use treatments, or slurry walls.

30         (9)(8)  "Environmental justice" means the fair

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


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                                          HB 2355, First Engrossed



  1  with respect to the development, implementation, and

  2  enforcement of environmental laws, regulations, and policies.

  3         (10)(9)  "Institutional controls" means the restriction

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

  5  exposure to contaminants.  Such restrictions may include, but

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

  7  or conservation easements use restrictions, or restrictive

  8  zoning.

  9         (11)(10)  "Local pollution control program" means a

10  local pollution control program that has received delegated

11  authority from the Department of Environmental Protection

12  under ss. 376.80(11) and 403.182.

13         (12)(11)  "Natural attenuation" means a verifiable

14  approach to site rehabilitation which 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 sorption,

18  biodegradation, chemical reactions with subsurface materials,

19  diffusion, dispersion, and volatilization. the verifiable

20  reduction of contaminants through natural processes, which may

21  include diffusion, dispersion, adsorption, and biodegradation.

22         (13)(12)  "Person responsible for brownfield site

23  rehabilitation" means the individual or entity that is

24  designated by the local government to enter into the

25  brownfield site rehabilitation agreement with the department

26  or an approved local pollution control program and enters into

27  an agreement with the local government for redevelopment of

28  the site.

29         (14)(13)  "Person" means any individual, partner, joint

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

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


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                                          HB 2355, First Engrossed



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

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

  3  environment through interim remedial actions, remedial action,

  4  or institutional, and if appropriate, engineering controls.

  5         (16)(14)  "Secretary" means the secretary of the

  6  Department of Environmental Protection.

  7         (17)(15)  "Site rehabilitation" means the assessment of

  8  site contamination and the remediation activities that reduce

  9  the levels of contaminants at a site through accepted

10  treatment methods to meet the cleanup target levels

11  established for that site.

12         (18)(16)  "Source removal" means the removal of free

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

14  that has been contaminated to the extent that leaching to

15  groundwater or surface water has occurred or is occurring.

16         (19)(17)  "Synergistic effects" means a scientific

17  principle that the toxicity that occurs as a result of

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

19  individual chemicals to which the individual is exposed.

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

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

22  amended to read:

23         376.80  Brownfield program administration process.--

24         (4)  Local governments or persons responsible for

25  rehabilitation and redevelopment of brownfield areas must

26  establish an advisory committee or use an existing advisory

27  committee that has formally expressed its intent to address

28  redevelopment of the specific brownfield area for the purpose

29  of improving public participation and receiving public

30  comments on rehabilitation and redevelopment of the brownfield

31  area, future land use, local employment opportunities,


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                                          HB 2355, First Engrossed



  1  community safety, and environmental justice. Such advisory

  2  committee should include residents within or adjacent to the

  3  brownfield area, businesses operating within the brownfield

  4  area, and others deemed appropriate. The person responsible

  5  for brownfield site rehabilitation must notify the advisory

  6  committee of the intent to rehabilitate and redevelop the site

  7  before executing the brownfield site rehabilitation agreement,

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

  9  site rehabilitation which addresses elements required by

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

11  the property as well as site rehabilitation activities, if

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

13  proposed redevelopment agreement required pursuant to

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

15  board of the local government with jurisdiction over the

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

17  the executed brownfield site rehabilitation agreement. When

18  the person responsible for brownfield site rehabilitation

19  submits a site assessment report or the technical document

20  containing the proposed course of action following site

21  assessment to the department or the local pollution control

22  program for review, the person responsible for brownfield site

23  rehabilitation must hold a meeting or attend a regularly

24  scheduled meeting to inform the advisory committee of the

25  findings and recommendations in the site assessment report or

26  the technical document containing the proposed course of

27  action following site assessment.  The advisory committee must

28  review and provide recommendations to the board of the local

29  government with jurisdiction on the proposed site

30  rehabilitation agreement provided in subsection (5).

31


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                                          HB 2355, First Engrossed



  1         (5)  The person responsible for brownfield site

  2  rehabilitation must enter into a brownfield site

  3  rehabilitation agreement with the department or an approved

  4  local pollution control program if actual contamination exists

  5  at the brownfield site. The brownfield site rehabilitation

  6  agreement must include:

  7         (a)  A brownfield site rehabilitation schedule,

  8  including milestones for completion of site rehabilitation

  9  tasks and submittal of technical reports and rehabilitation

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

11         (b)  A commitment to conduct site rehabilitation

12  activities under the observation of professional engineers or

13  geologists who are registered in accordance with the

14  requirements of chapter 471 or chapter 492, respectively.

15  Submittals provided by the person responsible for brownfield

16  site rehabilitation must be signed and sealed by a

17  professional engineer registered under chapter 471, or a

18  professional geologist registered under chapter 492,

19  certifying that the submittal and associated work comply with

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

21  profession.  In addition, upon completion of the approved

22  remedial action, the department shall require a professional

23  engineer registered under chapter 471 or a professional

24  geologist registered under chapter 492 to certify that the

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

26  completed in substantial conformance with the plans and

27  specifications approved by the department;

28         (c)  A commitment to conduct site rehabilitation in

29  accordance with an approved comprehensive quality assurance

30  plan under department rules;

31


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                                          HB 2355, First Engrossed



  1         (d)  A commitment to conduct site rehabilitation

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

  3  with the brownfield site contamination cleanup criteria in s.

  4  376.81, including any applicable requirements for risk-based

  5  corrective action;

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

  7  technical reports and plans submitted in accordance with the

  8  agreement.  The department shall make every effort to adhere

  9  to established agency goals for reasonable timeframes for

10  review of such documents;

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

12  department or approved local pollution control program to all

13  brownfield sites within the eligible brownfield area for

14  activities associated with site rehabilitation;

15         (g)  Other provisions that the person responsible for

16  brownfield site rehabilitation and the department agree upon,

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

18  improve or enhance the brownfield site rehabilitation process;

19         (h)  A commitment to consider appropriate pollution

20  prevention measures and to implement those that the person

21  responsible for brownfield site rehabilitation determines are

22  reasonable and cost-effective, taking into account the

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

24  may include improved inventory or production controls and

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

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

27  releases of toxic materials; and

28         (i)  Certification that an agreement exists between the

29  person responsible for brownfield site rehabilitation and the

30  local government with jurisdiction over the brownfield area.

31


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                                          HB 2355, First Engrossed



  1  Such agreement shall contain terms for the redevelopment of

  2  the brownfield area.

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

  4  the contractor:

  5         (c)  Maintains comprehensive general liability and

  6  comprehensive automobile liability insurance with minimum

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

  8  million annual aggregate, sufficient to protect it from claims

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

10  well as claims for property damage which may arise from

11  performance of work under the program, designating the state

12  as an additional insured party.

13         Section 12.  Section 376.81, Florida Statutes, is

14  amended to read:

15         376.81  Brownfield site and brownfield areas

16  contamination cleanup criteria.--

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

18  health of all people under actual circumstances of exposure.

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

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

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

22  comprise a site rehabilitation program and the level at which

23  a rehabilitation program task and a site rehabilitation

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

25  the department shall apply incorporate, to the maximum extent

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

27  achieve protection of human health and safety and the

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

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

30  prescribe a phased risk-based corrective action process that

31  is iterative and that tailors site rehabilitation tasks to


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                                          HB 2355, First Engrossed



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

  2  person responsible for brownfield site rehabilitation are

  3  encouraged to establish decision points at which risk

  4  management decisions will be made. The department shall

  5  provide an early decision, when requested, regarding

  6  applicable exposure factors and a risk management approach

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

  8  shall also include protocols for the use of natural

  9  attenuation, the use of institutional and engineering

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

11  criteria for determining what constitutes a rehabilitation

12  program task or completion of a site rehabilitation program

13  task or site rehabilitation program must:

14         (a)  Consider the current exposure and potential risk

15  of exposure to humans and the environment, including multiple

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

17  characteristics of each contaminant must be considered in

18  order to determine the feasibility of risk-based corrective

19  action assessment.

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

21  the contamination.  However, the department is authorized to

22  temporarily move the point of compliance to the boundary of

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

24  within the property boundary, while cleanup, including cleanup

25  through natural attenuation processes in conjunction with

26  appropriate monitoring, is proceeding.  The department also is

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

28  to temporarily extend the point of compliance beyond the

29  property boundary with appropriate monitoring, if such

30  extension is needed to facilitate natural attenuation or to

31  address the current conditions of the plume, provided human


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                                          HB 2355, First Engrossed



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

  2  When temporarily extending the point of compliance beyond the

  3  property boundary, it cannot be extended further than the

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

  5  brownfield site rehabilitation agreement, if known, or the

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

  7  assessment. Temporary extension of the point of compliance

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

  9  must include actual notice by the person responsible for

10  brownfield site rehabilitation to local governments and the

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

12  allowed to extend and constructive notice to residents and

13  business tenants of the property into which the point of

14  compliance is allowed to extend. Persons receiving notice

15  pursuant to this paragraph shall have the opportunity to

16  comment within 30 days of receipt of the notice.

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

18  all contaminated brownfield sites and brownfield areas

19  ultimately achieve the applicable cleanup target levels

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

21  and after constructive notice and opportunity to comment

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

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

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

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

26  department may allow concentrations of contaminants to

27  temporarily exceed the applicable cleanup target levels while

28  cleanup, including cleanup through natural attenuation

29  processes in conjunction with appropriate monitoring, is

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

31  environment are protected.


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                                          HB 2355, First Engrossed



  1         (d)  Allow brownfield site and brownfield area

  2  rehabilitation programs to include the use of institutional or

  3  engineering controls, where appropriate, to eliminate or

  4  control the potential exposure to contaminants of humans or

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

  6  the department and only after constructive notice and

  7  opportunity to comment within 30 days from receipt of notice

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

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

10  to residents on any property into which the point of

11  compliance is allowed to extend. When institutional or

12  engineering controls are implemented to control exposure, the

13  removal of the controls must have prior department approval

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

15  or other approved controls, unless cleanup target levels under

16  this section have been achieved.

17         (e)  Consider the additive effects of contaminants.

18  The synergistic and antagonistic effects shall also be

19  considered when the scientific data become available.

20         (f)  Take into consideration individual site

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

22  the current and projected use of the affected groundwater and

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

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

25  the exposed population, the degree and extent of

26  contamination, the rate of contaminant migration, the apparent

27  or potential rate of contaminant degradation through natural

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

29  potential for further migration in relation to site property

30  boundaries.

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


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                                          HB 2355, First Engrossed



  1         1.  Cleanup target levels for each contaminant found in

  2  groundwater shall be the applicable state water quality

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

  4  target levels for groundwater shall be based on the minimum

  5  criteria specified in department rule.  The department shall

  6  apply consider the following, as appropriate, in establishing

  7  the applicable cleanup target levels minimum criteria:

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

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

10  limit; and the naturally occurring background concentration;

11  or nuisance, organoleptic, and aesthetic considerations.

12  However, the department shall not require site rehabilitation

13  to achieve a cleanup target level for any individual

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

15  naturally occurring background concentration for that

16  contaminant.

17         2.  Where surface waters are exposed to contaminated

18  groundwater, the cleanup target levels for the contaminants

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

20  surface water standards as established by department rule.

21  The point of measuring compliance with the surface water

22  standards shall be in the groundwater immediately adjacent to

23  the surface water body.

24         3.  The department shall approve may set alternative

25  cleanup target levels in conjunction with institutional and

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

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

28  risk assessment studies, risk reduction techniques, or a

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

30  environment are protected to the same degree as provided in

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


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                                          HB 2355, First Engrossed



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

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

  3  determining whether it is appropriate to establish alternative

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

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

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

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

  8  groundwater near marine surface water bodies, the current and

  9  projected use of the affected groundwater in the vicinity of

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

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

12  the groundwater contamination is not migrating away from such

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

14  the environment are protected. When using alternative cleanup

15  target levels at a brownfield site, institutional controls

16  shall not be required if:

17         a.  The only cleanup target levels exceeded are the

18  groundwater cleanup target levels derived from nuisance,

19  organoleptic, or aesthetic considerations;

20         b.  Concentrations of all contaminants meet the state

21  water quality standards or minimum criteria, based on

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

23         c.  All of the groundwater cleanup target levels

24  established pursuant to subparagraph 1. are met at the

25  property boundary;

26         d.  The person responsible for brownfield site

27  rehabilitation has demonstrated that the contaminants will not

28  migrate beyond the property boundary at concentrations

29  exceeding the groundwater cleanup target levels established

30  pursuant to subparagraph 1.;

31


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                                          HB 2355, First Engrossed



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

  2  water supply and no unplugged private wells are used for

  3  domestic purposes; and

  4         f.  The real property owner provides written acceptance

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

  6  local pollution control program.

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

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

  9  the use of institutional or engineering controls where

10  appropriate, when alternative cleanup target levels

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

12  or when the person responsible for brownfield site

13  rehabilitation can demonstrate that the cleanup target level

14  is unachievable within available technologies.  Prior to

15  issuing such an order, the department shall consider the

16  feasibility of an alternative site rehabilitation technology

17  in the brownfield area.

18         (i)  Establish appropriate cleanup target levels for

19  soils.

20         1.  In establishing soil cleanup target levels for

21  human exposure to each contaminant found in soils from the

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

23  shall apply consider the following, as appropriate:

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

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

26  limit; or the naturally occurring background concentration.

27  However, the department shall not require site rehabilitation

28  to achieve a cleanup target level for an individual

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

30  naturally occurring background concentration for that

31  contaminant. Institutional controls or other methods shall be


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                                          HB 2355, First Engrossed



  1  used to prevent human exposure to contaminated soils more than

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

  3  institutional controls shall require such contaminated soils

  4  to be remediated.

  5         2.  Leachability-based soil target levels shall be

  6  based on protection of the groundwater cleanup target levels

  7  or the alternate cleanup target levels for groundwater

  8  established pursuant to this paragraph, as appropriate. Source

  9  removal and other cost-effective alternatives that are

10  technologically feasible shall be considered in achieving the

11  leachability soil target levels established by the department.

12  The leachability goals shall not be applicable if the

13  department determines, based upon individual site

14  characteristics, and in conjunction with institutional and

15  engineering controls, if needed, that contaminants will not

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

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

18         3.  The department shall approve may set alternative

19  cleanup target levels in conjunction with institutional and

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

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

22  risk assessment studies, risk reduction techniques, or a

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

24  environment are protected to the same degree as provided in

25  subparagraphs 1. and 2.

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

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

28  is complete, the department shall reevaluate the site to

29  determine the degree of active cleanup needed to continue.

30  Further, the department shall determine if the reevaluated

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


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                                          HB 2355, First Engrossed



  1  required to rehabilitate the site.  If additional site

  2  rehabilitation is necessary to reach "no further action"

  3  status, the department is encouraged to utilize natural

  4  attenuation and monitoring where site conditions warrant.

  5         (3)  The cleanup criteria established pursuant to this

  6  section govern only site rehabilitation activities occurring

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

  8  site for offsite relocation or treatment must be in accordance

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

10  regulations.

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

12  of section 376.82, Florida Statutes, to read:

13         376.82  Eligibility criteria and liability

14  protection.--

15         (2)  LIABILITY PROTECTION.--

16         (k)  A person whose property becomes contaminated due

17  to geophysical or hydrologic reasons, including the migration

18  of contaminants onto their property from the operation of

19  facilities and activities on a nearby designated brownfield

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

21  that utilized or stored the contaminants or similar

22  constituents is not subject to administrative or judicial

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

24  rehabilitation of or the payment of the costs for the

25  rehabilitation of sites contaminated by materials that

26  migrated onto the property from the designated brownfield

27  area, if the person:

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

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

30  designated brownfield area operated at the source location;

31


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                                          HB 2355, First Engrossed



  1         2.  Did not participate in the operation or management

  2  of the activities in the designated brownfield area operated

  3  at the source location; and

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

  5  release or threat of release of any hazardous substance

  6  through any act or omission.

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

  8  of section 403.973, Florida Statutes, to read:

  9         403.973  Expedited permitting; comprehensive plan

10  amendments.--

11         (3)

12         (d)  Projects located in a designated brownfield area

13  are eligible for the expedited permitting process.

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

15  Statutes, is amended to read:

16         190.012  Special powers; public improvements and

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

18  may exercise, subject to the regulatory jurisdiction and

19  permitting authority of all applicable governmental bodies,

20  agencies, and special districts having authority with respect

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

22  special powers relating to public improvements and community

23  facilities authorized by this act:

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

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

26  and maintain systems, facilities, and basic infrastructures

27  for the following:

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

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

30  with roads and bridges.

31


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                                          HB 2355, First Engrossed



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

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

  3  construct and operate connecting intercepting or outlet sewers

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

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

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

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

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

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

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

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

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

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

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

15  specifications of the county in which such district roads are

16  located, and street lights.

17         2.  Buses, trolleys, transit shelters, ridesharing

18  facilities and services, parking improvements, and related

19  signage.

20         (e)  Investigation and remediation costs associated

21  with the cleanup of actual or perceived environmental

22  contamination within the district under the supervision or

23  direction of a competent governmental authority unless the

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

25  district and who caused or contributed to the contamination.

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

27  wildlife habitat, including the maintenance of any plant or

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

29  property.

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

31  boundaries of a district when a local government issued a


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                                          HB 2355, First Engrossed



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

  2  approving or expressly requiring the construction or funding

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

  4  subject of an agreement between the district and a

  5  governmental entity and is consistent with the local

  6  government comprehensive plan of the local government within

  7  which the project is to be located.

  8         Section 16.  Section 712.01, Florida Statutes, is

  9  amended to read:

10         712.01  Definitions.--As used in this law:

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

12  or plural, natural or corporate, private or governmental,

13  including the state and any political subdivision or agency

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

15  and including any homeowners' association.

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

17  purporting to create or transfer the estate claimed by any

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

19  recorded at least 30 years prior to the time when

20  marketability is being determined.  The effective date of the

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

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

23  or court proceeding which affects title to any estate or

24  interest in land and which describes the land sufficiently to

25  identify its location and boundaries.

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

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

28  association of parcel owners which is authorized to enforce

29  use restrictions that are imposed on the parcels.

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

31  used for residential purposes that is subject to exclusive


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                                          HB 2355, First Engrossed



  1  ownership and which is subject to any covenant or restriction

  2  of a homeowners' association.

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

  4  agreement or limitation contained in a document recorded in

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

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

  7  enforced by a homeowners' association or which authorizes a

  8  homeowners' association to impose a charge or assessment

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

10  enforced by the Florida Department of Environmental Protection

11  pursuant to chapter 376 or chapter 403.

12         Section 17.  Section 712.03, Florida Statutes, is

13  amended to read:

14         712.03  Exceptions to marketability.--Such marketable

15  record title shall not affect or extinguish the following

16  rights:

17         (1)  Estates or interests, easements and use

18  restrictions disclosed by and defects inherent in the

19  muniments of title on which said estate is based beginning

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

21  reference in any of such muniments to easements, use

22  restrictions or other interests created prior to the root of

23  title shall not be sufficient to preserve them unless specific

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

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

26  transaction which imposed, transferred or continued such

27  easement, use restrictions or other interests; subject,

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

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

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

31  notice in accordance with the provisions hereof.


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                                          HB 2355, First Engrossed



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

  2  so long as such person is in such possession.

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

  4  of a title transaction which has been recorded subsequent to

  5  the effective date of the root of title.

  6         (5)  Recorded or unrecorded easements or rights,

  7  interest or servitude in the nature of easements,

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

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

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

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

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

13  mortgage or deed of trust or any supplement thereto

14  encumbering any such recorded or unrecorded easements, or

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

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

17  herein shall be construed as preserving to the mortgagee or

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

19  supplement thereto any greater rights than the rights of the

20  mortgagor or grantor.

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

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

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

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

25  person's name.

26         (7)  State title to lands beneath navigable waters

27  acquired by virtue of sovereignty.

28         (8)  A restriction or covenant recorded pursuant to

29  chapter 376 or chapter 403.

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

31  163.2517, Florida Statutes, is amended to read:


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                                          HB 2355, First Engrossed



  1         163.2517  Designation of urban infill and redevelopment

  2  area.--

  3         (3)  A local government seeking to designate a

  4  geographic area within its jurisdiction as an urban infill and

  5  redevelopment area shall prepare a plan that describes the

  6  infill and redevelopment objectives of the local government

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

  8  local government may demonstrate that an existing plan or

  9  combination of plans associated with a community redevelopment

10  area, Florida Main Street program, Front Porch Florida

11  Community, sustainable community, enterprise zone, or

12  neighborhood improvement district includes the factors listed

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

14  community participation process, or amend such existing plans

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

16  government and community's commitment to comprehensively

17  address the urban problems within the urban infill and

18  redevelopment area and identify activities and programs to

19  accomplish locally identified goals such as code enforcement;

20  improved educational opportunities; reduction in crime;

21  neighborhood revitalization and preservation; provision of

22  infrastructure needs, including mass transit and multimodal

23  linkages; and mixed-use planning to promote multifunctional

24  redevelopment to improve both the residential and commercial

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

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

27  local government incentives which the local government will

28  offer for new development, expansion of existing development,

29  and redevelopment within the urban infill and redevelopment

30  area. Examples of such incentives include:

31         1.  Waiver of license and permit fees.


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                                          HB 2355, First Engrossed



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

  2  redevelopment area from Waiver of local option sales surtaxes

  3  imposed pursuant to s. 212.054 taxes.

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

  5  the return of property to productive use.

  6         4.  Expedited permitting.

  7         5.  Lower transportation impact fees for development

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

  9  bicycle modes of transportation.

10         6.  Prioritization of infrastructure spending within

11  the urban infill and redevelopment area.

12         7.  Local government absorption of developers'

13  concurrency costs.

14

15  In order to be authorized to recognize the exemption from

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

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

18  existing development, or redevelopment within the urban infill

19  and redevelopment area must file an application under oath

20  with the governing body having jurisdiction over the urban

21  infill and redevelopment area where the business is located.

22  The application must include the name and address of the

23  business claiming the exclusion from collecting local option

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

25  urban infill and redevelopment area for which the exemption is

26  being sought; a description of the improvements made to

27  accomplish the new development, expanding development, or

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

29  permit application or the building permit issued for the

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

31  certificate of registration with the Department of Revenue


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                                          HB 2355, First Engrossed



  1  with the address of the new development, expanding

  2  development, or redevelopment; and the location of the

  3  property. The local government must review and approve the

  4  application and submit the completed application and

  5  documentation along with a copy of the ordinance adopted

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

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

  8  from local option sales surtaxes in the urban infill and

  9  redevelopment area.

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

11  Statutes, is amended to read:

12         212.08  Sales, rental, use, consumption, distribution,

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

14  the rental, the use, the consumption, the distribution, and

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

16  following are hereby specifically exempt from the tax imposed

17  by this chapter.

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

19  imposed by this chapter except those expressly exempted

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

21  may be inconsistent or in conflict with this chapter,

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

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

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

25  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 258.14,

26  315.11, 348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09,

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

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

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

30  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

31  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.


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                                          HB 2355, First Engrossed



  1  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

  2  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

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

  4  authority of a local government to adopt financial and local

  5  government incentives pursuant to s. 163.2517.

  6         Section 20.  Section 163.2523, Florida Statutes, is

  7  amended to read:

  8         163.2523  Grant program.--An Urban Infill and

  9  Redevelopment Assistance Grant Program is created for local

10  governments. A local government may allocate grant money to

11  special districts, including community redevelopment agencies,

12  and nonprofit community development organizations to implement

13  projects consistent with an adopted urban infill and

14  redevelopment plan or plan employed in lieu thereof. Thirty

15  percent of the general revenue appropriated for this program

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

17  governments for the development of an urban infill and

18  redevelopment plan, including community participation

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

20  appropriated for this program shall be available for

21  fifty/fifty matching grants for implementing urban infill and

22  redevelopment projects that further the objectives set forth

23  in the local government's adopted urban infill and

24  redevelopment plan or plan employed in lieu thereof. The

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

26  grants for implementing projects requiring an expenditure of

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

28  any of the allocations specified in this section does not

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

30  Community Affairs may transfer the unused balance to the

31  category having the highest dollar value of applications


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                                          HB 2355, First Engrossed



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

  2  of dollars allocated to outright grants for implementing

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

  4  that provide employment opportunities to clients of the WAGES

  5  program and projects within urban infill and redevelopment

  6  areas that include a community redevelopment area, Florida

  7  Main Street program, Front Porch Florida Community,

  8  sustainable community, enterprise zone, federal enterprise

  9  zone, enterprise community, or neighborhood improvement

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

11  competing grant applications. The Division of Housing and

12  Community Development of the Department of Community Affairs

13  shall administer the grant program. The Department of

14  Community Affairs shall adopt rules establishing grant review

15  criteria consistent with this section.

16         Section 21.  Section 376.3195, Florida Statutes, is

17  repealed.

18         Section 22.  This act shall take effect upon becoming a

19  law.

20

21

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23

24

25

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27

28

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