Florida Senate - 2008 SB 2594

By Senator Constantine

22-03722A-08 20082594__

A bill to be entitled

An act relating to brownfield areas; amending s. 212.08,

F.S.; adding brownfield areas to the list of locations

that qualify for a sales tax exemption on residential home

construction costs; amending s. 220.1845, F.S., relating

to tax credits for the rehabilitation of contaminated

sites; conforming provisions to changes made by the act;

amending s. 376.30781, F.S.; providing a tax credit for

the costs of solid waste removal at brownfield sites;

providing definitions relating to solid waste removal;

providing an additional tax credit for rehabilitation

costs that result in the construction and operation of a

health care facility or health care provider on a

brownfield site; revising procedures relating to the

application for the tax credit; providing additional

limitations on the amount of credits claimed; amending s.

376.77, F.S.; conforming cross-references; amending s.

376.79, F.S.; redefining terms relating to the Brownfields

Redevelopment Act; amending s. 376.80, F.S.; revising

provisions relating to the administration of the

brownfield program at the local level; providing

requirements for the certification of a proposed

redevelopment of a brownfield site; deleting certification

requirements relating to the site contractor; deleting the

requirement that professional engineers and geologists

providing professional services must maintain liability

insurance; providing for evaluating the effects of

brownfield site rehabilitation on the community and on

individual health; amending ss. 376.82 and 376.83, F.S.;

conforming cross-references; amending s. 376.86, F.S.;

revising the Brownfield Areas Loan Guarantee Program;

authorizing the program to guarantee 75 percent of a loan

for the construction and operation of a new health care

facility or health care provider; adding the State Surgeon

General of the Department of Health to the Brownfield

Areas Loan Guarantee Council; amending s. 163.3221, F.S.;

conforming a cross-reference; providing an effective date.

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

Section 1. Paragraph (n) of subsection (5) of section

212.08, Florida Statutes, is amended to read:

212.08 Sales, rental, use, consumption, distribution, and

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

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

storage to be used or consumed in this state of the following are

hereby specifically exempt from the tax imposed by this chapter.

(5) EXEMPTIONS; ACCOUNT OF USE.--

(n) Materials for construction of single-family homes in

certain areas.--

1. As used in this paragraph, the term:

a. "Building materials" means tangible personal property

that becomes a component part of a qualified home.

b. "Qualified home" means a single-family home constructed

for occupancy by persons or households which meets the definition

of "affordable" as provided in s. 420.0004 and having an

appraised value of no more than $160,000 which is located in an

enterprise zone, empowerment zone, brownfield area designated

pursuant to s. 376.80, or Front Porch Florida Community and which

is constructed and occupied by the owner thereof for residential

purposes.

c. "Substantially completed" has the same meaning as

provided in s. 192.042(1).

2. Building materials used in the construction of a

qualified home and the costs of labor associated with the

construction of a qualified home are exempt from the tax imposed

by this chapter upon an affirmative showing to the satisfaction

of the department that the requirements of this paragraph have

been met. This exemption inures to the owner through a refund of

previously paid taxes. To receive the this refund, the owner must

file an application under oath with the department which

includes:

a. The name and address of the owner.

b. The address and assessment roll parcel number of the

home for which a refund is sought.

c. A copy of the building permit issued for the home.

d. A certification by the local building code inspector

that the home is substantially completed.

e. A sworn statement, under penalty of perjury, from the

general contractor licensed in this state with whom the owner

contracted to construct the home, which statement lists the

building materials used in the construction of the home and the

actual cost thereof, the labor costs associated with such

construction, and the amount of sales tax paid on these materials

and labor costs. If a general contractor was not used, the owner

shall provide this information in a sworn statement, under

penalty of perjury. Copies of invoices evidencing payment of

sales tax must be attached to the sworn statement.

f. A sworn statement, under penalty of perjury, from the

owner affirming that he or she is occupying the home for

residential purposes.

3. An application for a refund of previously paid taxes

under this paragraph must be submitted to the department within 6

months after the date the home is deemed to be substantially

completed by the local building code inspector. Within 30 working

days after receipt of the application, the department shall

determine if it meets the requirements of this paragraph. A

refund approved pursuant to this paragraph shall be made within

30 days after formal approval of the application by the

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department.

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4. The department shall establish by rule an application

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form and criteria for establishing eligibility for exemption

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under this paragraph.

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5. The exemption shall apply to purchases of materials on

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or after July 1, 2000.

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Section 2. Subsection (1) of section 220.1845, Florida

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Statutes, is amended to read:

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220.1845 Contaminated site rehabilitation tax credit.--

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(1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--

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(a) A credit in the amount of 50 percent of the costs of

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voluntary cleanup activity that is integral to site

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rehabilitation at the following sites is available against any

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tax due for a taxable year under this chapter is available for a

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portion of the costs for rehabilitating drycleaning-solvent-

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contaminated sites and brownfield sites as provided in s.

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376.30781.:

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1. A drycleaning-solvent-contaminated site eligible for

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state-funded site rehabilitation under s. 376.3078(3);

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2. A drycleaning-solvent-contaminated site at which cleanup

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is undertaken by the real property owner pursuant to s.

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376.3078(11), if the real property owner is not also, and has

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never been, the owner or operator of the drycleaning facility

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where the contamination exists; or

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3. A brownfield site in a designated brownfield area under

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s. 376.80.

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(b) A tax credit applicant, or multiple tax credit

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applicants working jointly to clean up a single site, may not be

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granted more than $500,000 per year in tax credits for each site

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voluntarily rehabilitated. Multiple tax credit applicants shall

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be granted tax credits in the same proportion as their

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contribution to payment of cleanup costs. Subject to the same

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conditions and limitations as provided in this section, a

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municipality, county, or other tax credit applicant which

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voluntarily rehabilitates a site may receive not more than

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$500,000 per year in tax credits which it can subsequently

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transfer subject to the provisions in paragraph (g).

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(b)(c) If the credit granted under this section is not

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fully used in any one year because of insufficient tax liability

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on the part of the corporation, the unused amount may be carried

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forward for up to a period not to exceed 5 years. The carryover

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credit may be used in a subsequent year if when the tax imposed

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by this chapter for that year exceeds the credit for which the

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corporation is eligible in that year under this section after

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applying the other credits and unused carryovers in the order

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provided by s. 220.02(8). Five years after the date a credit is

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granted under this section, such credit expires and may not be

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used. However, If during the 5-year period the credit is

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transferred, in whole or in part, pursuant to paragraph (d) (g),

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each transferee has up to 5 years after the date of transfer to

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use its credit.

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(c)(d) A taxpayer that files a consolidated return in this

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state as a member of an affiliated group under s. 220.131(1) may

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be allowed the credit on a consolidated return basis up to the

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amount of tax imposed upon the consolidated group.

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(e) A tax credit applicant that receives state-funded site

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rehabilitation under s. 376.3078(3) for rehabilitation of a

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drycleaning-solvent-contaminated site is ineligible to receive

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credit under this section for costs incurred by the tax credit

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applicant in conjunction with the rehabilitation of that site

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during the same time period that state-administered site

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rehabilitation was underway.

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(f) The total amount of the tax credits which may be

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granted under this section is $2 million annually.

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(d)(g)1. Tax credits that may be available under this

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section to an entity eligible under s. 376.30781 may be

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transferred after a merger or acquisition to the surviving or

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acquiring entity and used in the same manner and with the same

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limitations.

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1.2. The entity or its surviving or acquiring entity as

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described in subparagraph 1., may transfer any unused credit in

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whole or in units of at least no less than 25 percent of the

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remaining credit. The entity acquiring such credit may use it in

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the same manner and with the same limitation as described in this

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section. Such transferred credits may not be transferred again

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although they may succeed to a surviving or acquiring entity

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subject to the same conditions and limitations as described in

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this section.

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2.3. If In the event the credit provided for under this

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section is reduced due to either as a result of a determination

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by the Department of Environmental Protection or an examination

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or audit by the Department of Revenue, the such tax deficiency

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shall be recovered from the first entity, or the surviving or

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acquiring entity that, to have claimed the such credit up to the

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amount of credit taken. Any subsequent deficiencies shall be

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assessed against the any entity acquiring and claiming the such

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credit, or in the case of multiple succeeding entities in the

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order of credit succession.

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(h) In order to encourage completion of site rehabilitation

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at contaminated sites being voluntarily cleaned up and eligible

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for a tax credit under this section, the tax credit applicant may

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claim an additional 25 percent of the total cleanup costs, not to

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exceed $500,000, in the final year of cleanup as evidenced by the

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Department of Environmental Protection issuing a "No Further

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Action" order for that site.

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(i) In order to encourage the construction of housing that

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meets the definition of affordable provided in s. 420.0004(3), an

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applicant for the tax credit may claim an additional 25 percent

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of the total site rehabilitation costs that are eligible for tax

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credits under this section, not to exceed $500,000. In order To

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receive this additional tax credit, the applicant must provide a

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certification letter from the Florida Housing Finance

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Corporation, the local housing authority, or other governmental

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agency that is a party to the use agreement, indicating that the

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construction on the brownfield site is complete, the brownfield

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site has received a certificate of occupancy, and the brownfield

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site has a properly recorded instrument that limits the use of

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the property to housing that meets the definition of affordable

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provided in s. 420.0004(3).

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Section 3. Section 376.30781, Florida Statutes, is amended

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to read:

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376.30781 Partial tax credits for rehabilitation of

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drycleaning-solvent-contaminated sites and brownfield sites in

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designated brownfield areas; application process; rulemaking

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authority; revocation authority.--

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(1) The Legislature finds that:

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(a) To facilitate property transactions and economic growth

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and development, it is in the state's interest of the state to

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encourage the cleanup, at the earliest possible time, of

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drycleaning-solvent-contaminated sites and brownfield sites in

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designated brownfield areas.

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(b) It is the intent of the Legislature to encourage the

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voluntary cleanup of drycleaning-solvent-contaminated sites and

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brownfield sites in designated brownfield areas by providing a

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partial tax credit for the restoration of such property in

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specified circumstances.

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(2) Notwithstanding subsection (5) the requirements of

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paragraph (5)(a), tax credits allowed pursuant to s. 220.1845 are

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available for any site rehabilitation or solid waste removal

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conducted during the calendar year in which the applicable

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voluntary cleanup agreement or brownfield site rehabilitation

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agreement is executed, even if the site rehabilitation or solid

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waste removal is conducted prior to the execution of that

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agreement or the designation of the brownfield area.

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(3)(a) A credit in the amount of 50 percent of the costs of

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voluntary cleanup activity that is integral to site

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rehabilitation, as determined by rule, at the following sites is

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allowed pursuant to s. 220.1845:

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1. A drycleaning-solvent-contaminated site eligible for

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state-funded site rehabilitation under s. 376.3078(3);

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2. A drycleaning-solvent-contaminated site at which site

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rehabilitation cleanup is undertaken by the real property owner

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pursuant to s. 376.3078(11), if the real property owner is not

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also, and has never been, the owner or operator of the

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drycleaning facility where the contamination exists; or

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3. A brownfield site in a designated brownfield area under

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s. 376.80.

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(b) A tax credit applicant, or multiple tax credit

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applicants working jointly to clean up a single site, may not

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receive be granted more than $500,000 per year in tax credits for

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each site voluntarily rehabilitated. Multiple tax credit

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applicants shall be granted tax credits in the same proportion as

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their contribution to payment of site rehabilitation cleanup

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costs. Subject to the same conditions and limitations, a

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municipality, county, or other tax credit applicant that

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voluntarily rehabilitates a site may also receive up to $500,000

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per year in tax credits. Tax credits are available only for site

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rehabilitation conducted during the calendar year for which the

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tax credit application is submitted.

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at contaminated sites that are being voluntarily cleaned up and

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that are eligible for a tax credit under this section, the tax

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credit applicant may claim an additional 25 percent of the total

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site rehabilitation cleanup costs, not to exceed $500,000, in the

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final year of cleanup as evidenced by the department of

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Environmental Protection issuing a "No Further Action" order for

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that site.

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(d) In order to encourage the construction of housing that

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meets the definition of affordable provided in s. 420.0004 s.

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420.0004(3), an applicant for the tax credit may claim an

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additional 25 percent of the total site rehabilitation costs that

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are eligible for tax credits under this section, not to exceed

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$500,000. In order To receive this additional tax credit, the

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applicant must provide a certification letter from the Florida

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Housing Finance Corporation, the local housing authority, or

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other governmental agency that is a party to the use agreement,

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indicating that the construction on the brownfield site is

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complete, the brownfield site has received a certificate of

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occupancy, and the brownfield site has a properly recorded

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instrument that limits the use of the property to affordable

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housing that meets the definition of affordable provided in s.

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420.0004(3). Notwithstanding the limitation that only one

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application may shall be submitted each year for each site, an

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application for the additional credit provided for in this

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paragraph shall be submitted when as soon as all requirements to

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obtain the this additional tax credit have been met.

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(e) In order Notwithstanding the restrictions in this

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section that limit tax credit eligibility to costs that are

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integral to site rehabilitation, to encourage the redevelopment

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of a brownfield site, as defined in the brownfield site

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rehabilitation agreement, which is properties in designated

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brownfield areas that are hindered by the presence of solid

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waste, as defined in s. 403.703, costs relating to a tax credit

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applicant may also claim costs to address the solid waste removal

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may also be claimed under this subsection, but only those costs

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to remove, transport, and dispose of solid waste in accordance

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with department rules. Only one solid waste removal tax credit

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application may be filed per brownfield site and a tax credit

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applicant, or multiple tax credit applicants working jointly to

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clean up a single site, may receive up to $500,000 in tax credits

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upon the completion of the solid waste removal. Multiple tax

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credit applicants shall be granted tax credits in the same

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proportion as their contribution to payment of solid waste

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removal costs. Tax credit applications claiming costs pursuant to

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this paragraph are not subject to the calendar-year limitation

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and January 31 annual application deadline. To receive the

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credit, These costs are eligible for a tax credit provided the

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applicant must submit submits an affidavit stating that, after

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consultation with appropriate local government officials and the

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department, to the best of the applicant's knowledge after

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consultation with appropriate local government officials, the

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department, and available historical records, the brownfield site

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was never operated as a permitted solid waste disposal area or

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landfill or dump site for monetary compensation. The applicant

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must also submit, and submits all other documentation and

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certifications required by this section. For the purposes of In

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this section:, where reference is made to "site rehabilitation,"

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the department shall instead consider whether the costs claimed

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are for removal, transportation, and disposal of solid waste. Tax

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credit applications claiming costs pursuant to this paragraph

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shall not be subject to the calendar-year limitation and January

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15 annual application deadline, and the department shall accept a

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one-time application filed subsequent to the completion by the

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tax credit applicant of the applicable requirements listed in

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this paragraph.

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1. "Solid waste disposal area" means a landfill, dump, or

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other area where solid waste has been disposed of.

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2. "Monetary compensation" means that fees were charged or

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assessments were levied for the disposal of solid waste at a

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solid waste disposal area.

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3. "Solid waste removal" means removal of solid waste from

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the land surface or excavation of solid waste from below the land

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surface and removal of the solid waste from the brownfield site.

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The term also includes:

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a. Transportation of solid waste to a licensed or exempt

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solid waste management facility or to a temporary storage area;

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b. Sorting or screening of solid waste prior to removal

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from the site; and

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c. Deposition of solid waste at a permitted or exempt solid

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waste management facility, regardless of whether the solid waste

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is disposed of or recycled.

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(f) In order to encourage the construction and operation of

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a new health care facility or a health care provider, as those

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terms are defined in s. 408.032, s. 408.07, or s. 408.7056, on a

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brownfield site, an applicant for a tax credit may claim an

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additional 25 percent of the total site rehabilitation costs, not

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to exceed $500,000, if the applicant provides documentation

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indicating that the health care facility or health care provider

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has received a certificate of occupancy, or a license or

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certificate has been issued for the operation of the health care

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facility or health care provider.

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(4) The department is of Environmental Protection shall be

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responsible for allocating the tax credits provided for in s.

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220.1845, which may not to exceed a total of $2 million in tax

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credits annually.

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(5) To claim the credit for site rehabilitation or solid

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waste removal conducted during the current calendar year, each

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tax credit applicant must apply to the department of

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Environmental Protection for an allocation of the $2 million

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annual credit by filing a tax credit application with the

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Division of Waste Management January 15 of the following year on

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a form developed by the department of Environmental Protection in

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cooperation with the Department of Revenue. The form shall

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include an affidavit from each tax credit applicant certifying

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that all information contained in the application, including all

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records of costs incurred and claimed in the tax credit

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application, are true and correct. If the application is

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submitted pursuant to subparagraph (3)(a)2., the form must

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include an affidavit signed by the real property owner stating

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that it is not, and has never been, the owner or operator of the

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drycleaning facility where the contamination exists. Approval of

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partial tax credits is must be accomplished on a first-come,

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first-served basis based upon the date and time complete

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applications are received by the Division of Waste Management. A

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tax credit applicant shall submit only one complete application

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per site for each calendar year's site rehabilitation costs.

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Incomplete placeholder applications shall not be accepted and

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will not secure a place in the first-come, first-served

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application line. To be eligible for a tax credit, the tax credit

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applicant must comply with the following:

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(a) For site rehabilitation tax credits, the applicant must

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have entered into a voluntary cleanup agreement with the

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Department of Environmental Protection for a drycleaning-solvent-

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contaminated site or a brownfield site rehabilitation agreement,

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as applicable,; and must have paid all deductibles pursuant to s.

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376.3078(3)(e), as applicable. Site rehabilitation tax credit

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applicants shall submit only one complete application per site

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for each calendar year's site rehabilitation costs. Applications

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must be received by the Division of Waste Management by January

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31 of the year following the calendar year for which site

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rehabilitation costs are being claimed in a tax credit

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application.

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(b) For solid waste removal tax credits, the applicant must

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have entered into a brownfield site rehabilitation agreement with

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the Department of Environmental Protection. Solid waste removal

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tax credit applicants shall submit only one complete application

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per brownfield site, as defined in the rehabilitation agreement.

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Applications must be received by the Division of Waste Management

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subsequent to the completion of the requirements listed in

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paragraph (3)(e). Have paid all deductibles pursuant to s.

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376.3078(3)(e) for eligible drycleaning-solvent-cleanup program

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sites.

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(6) To obtain the tax credit certificate, a tax credit

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applicant must annually file an application for certification,

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which must be received by the Division of Waste Management of the

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Department of Environmental Protection by January 15 of the year

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following the calendar year for which site rehabilitation costs

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are being claimed in a tax credit application. the tax credit

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applicant must provide all pertinent information requested on the

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tax credit application form, including, at a minimum, the name

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and address of the tax credit applicant and the address and

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tracking identification number of the eligible site. Along with

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the tax credit application form, The tax credit applicant must

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also submit the following:

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(a) A nonrefundable review fee of $250 made payable to the

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Water Quality Assurance Trust Fund to cover the administrative

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costs associated with the department's review of the tax credit

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application;

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(b) Copies of documents that describe the goods or services

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and associated costs being claimed which were integral to site

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rehabilitation or were for solid waste removal during the period

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covered by the application. These documents shall include

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contract records that describe the scope of work performed and

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payment requests that describe the goods or services provided.

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The payment record must be sufficient to demonstrate a link

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between the contract records, the payment requests, and the

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payment records for the period covered by the application

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contracts and documentation of contract negotiations, accounts,

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invoices, sales tickets, or other payment records from purchases,

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sales, leases, or other transactions involving actual costs

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incurred for that tax year related to site rehabilitation, as

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that term is defined in ss. 376.301 and 376.79;

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paragraph (b) has been reviewed and verified by an independent

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certified public accountant in accordance with standards

435

established by the American Institute of Certified Public

436

Accountants. Specifically, a certified public accountant's report

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must be submitted and the certified public accountant must attest

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to the accuracy and validity of the costs incurred and paid

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during the period covered in the application by conducting an

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independent review of the data presented by the tax credit

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applicant. Accuracy and validity of costs incurred and paid shall

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would be determined once the level of effort is was certified by

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an appropriate professional registered in this state in each

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contributing technical discipline. The certified public

445

accountant's report must would also attest that the costs

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included in the application form are not duplicated within the

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application. A copy of the accountant's report shall be submitted

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to the department in addition to the accountant's certification

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form in of Environmental Protection with the tax credit

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application; and

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(d) A certification form stating that site rehabilitation

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activities associated with the documentation submitted pursuant

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to paragraph (b) have been conducted under the observation of,

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and related technical documents have been signed and sealed by,

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an appropriate professional registered in this state in each

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contributing technical discipline. The certification form shall

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be signed and sealed by the appropriate registered professionals

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stating that the costs incurred were integral, necessary, and

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required for site rehabilitation, as that term is defined in ss.

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376.301 and 376.79. If the scope of solid waste removal

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activities do not require oversight by a registered technical

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professional, the certification form is not required as part of

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the tax credit application.

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(7) The certified public accountant and appropriate

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registered professionals submitting forms as part of a tax credit

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application must verify such forms by completing and signing the

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appropriate certifications included in the application form.

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Verification shall must be accomplished as provided in s.

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92.525(1)(b) and subject to the provisions of s. 92.525(3).

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(8) The department of Environmental Protection shall review

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the tax credit application and any supplemental documentation

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that the tax credit applicant may submit prior to the annual

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application deadline, if applicable, for completeness and

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eligibility. in order to have the application

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(a) To be considered complete, the review must verify for

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the purpose of verifying that the tax credit applicant has met

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the appropriate qualifying criteria in subsections (3) and (5),

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and has submitted the application form, and has addressed each of

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the categories of submittals all required documentation listed in

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subsection (6). Upon verification that the tax credit applicant

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has met these completeness requirements, the tax credit

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application shall secure a place on a first-come, first-served

483

basis. If the department determines that an application is

484

incomplete, the applicant shall be notified in writing and shall

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have 30 days to correct any deficiencies. Upon timely correction

486

of the deficiency, the tax credit application shall secure a

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place on a first-come, first-served basis. Tax credit

488

applications may not be altered to claim additional costs during

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this time.

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(b) For costs to be eligible, the review must verify that

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the work claimed was integral to site rehabilitation or was for

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solid waste removal, that the work claimed was performed in the

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applicable timeframe, and that the costs claimed were properly

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documented. Upon verification, the department shall issue a

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written decision granting eligibility for partial tax credits or

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(a tax credit certificate). Complete tax credit applications

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shall be reviewed for eligible costs, in conjunction with in the

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amount of 50 percent of the total costs claimed, subject to the

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$500,000 limitation, for the calendar year for which the tax

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credit application is submitted based on the report of the

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certified public accountant, and the certifications from the

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appropriate registered technical professionals, as applicable.

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(9) On or before April 16 March 31, the department of

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Environmental Protection shall inform each eligible tax credit

505

applicant, subject to the January 31 annual application deadline,

506

of the amount of its partial tax credit and provide each eligible

507

tax credit applicant with a tax credit certificate that must be

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submitted with its tax return to the Department of Revenue to

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claim the tax credit or to have the credit be transferred

510

pursuant to s. 220.1845(1)(d) s. 220.1845(1)(h). The April 16

511

deadline for annual site rehabilitation tax credit certificate

512

awards does not apply to any tax credit application for which the

513

department delivered a notice of deficiency pursuant to

514

subsection (8). The department shall respond within 60 days after

515

receipt of a response from the tax credit applicant to the notice

516

of deficiency. Credits will not result in the payment of refunds

517

if total credits exceed the amount of tax owed.

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(10) For applications for solid waste removal, a new health

519

care facility or health care provider, or affordable housing tax

520

credit, the department shall inform the applicant of the

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department's determination within 75 days after the application

522

has been deemed complete. Each eligible tax credit applicant

523

shall be informed of the amount of its partial tax credit and

524

provided with a tax credit certificate that must be submitted

525

with its tax return to the Department of Revenue to claim the tax

526

credit or to have the tax credit transferred pursuant to s.

527

220.1845(1)(d). Tax refunds may not be paid on credits that

528

exceed the amount of tax owed.

529

(11)(10) If a tax credit applicant does not receive a tax

530

credit allocation due to an exhaustion of the $2 million annual

531

tax credit authorization, such application will then be included

532

in the same first-come, first-served order in the next year's

533

annual tax credit allocation, if any, based on the prior year

534

application.

535

(12)(11) The department of Environmental Protection may

536

adopt rules to prescribe the necessary forms for claiming

537

required to claim tax credits under this section and to provide

538

the administrative guidelines and procedures required to

539

administer this section.

540

(13)(12) The department of Environmental Protection may

541

revoke or modify any written decision granting eligibility for

542

partial tax credits under this section if it is discovered that

543

the tax credit applicant submitted any false statement,

544

representation, or certification in any application, record,

545

report, plan, or other document filed in an attempt to receive

546

partial tax credits under this section. The department of

547

Environmental Protection shall immediately notify the Department

548

of Revenue of any revoked or modified orders affecting previously

549

granted partial tax credits. Additionally, the tax credit

550

applicant must notify the Department of Revenue of any change in

551

its tax credit claimed.

552

(14)(13) Tax credits are subject to the following

553

limitations:

554

(a) A tax credit applicant who receives state-funded site

555

rehabilitation under s. 376.3078(3) for rehabilitation of a

556

drycleaning-solvent-contaminated site is ineligible to receive a

557

tax credit under s. 220.1845 for costs incurred by the tax credit

558

applicant in conjunction with the rehabilitation of that site

559

during the same time period that state-administered site

560

rehabilitation is was underway.

561

(b) Tax credits for site rehabilitation awarded pursuant to

562

paragraphs (3)(b), (c), (d), and (f) are additive; however, the

563

total tax credit award may not exceed 100 percent of the costs

564

incurred and paid by the applicant.

565

566

eligible site rehabilitation and eligible solid waste removal

567

costs if the costs are claimed only once per site.

568

(d) For purposes of this section, costs incurred that are

569

not considered integral to site rehabilitation include, but are

570

not limited to, brownfield area designation costs and tax credit

571

application preparation and submittal costs.

572

Section 4. Section 376.77, Florida Statutes, is amended to

573

read:

574

376.77 Short title.--Sections 376.77-376.86 376.77-376.85

575

may be cited as the "Brownfields Redevelopment Act."

576

Section 5. Section 376.79, Florida Statutes, is amended to

577

read:

578

376.79 Definitions relating to Brownfields Redevelopment

579

Act.--As used in ss. 376.77-376.86 376.77-376.85, the term:

580

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

581

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

582

the toxicities of the individual chemicals to which the

583

individual is exposed.

584

(2) "Antagonistic effects" means a scientific principle

585

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

586

than the sum of the toxicities of the individual chemicals to

587

which the individual is exposed.

588

(3) "Brownfield sites" means real property, the expansion,

589

redevelopment, or reuse of which may be complicated by actual or

590

perceived environmental contamination.

591

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

592

more brownfield sites, some of which may not be contaminated, and

593

which has been designated by a local government by resolution.

594

Such areas may include all or portions of community redevelopment

595

areas, enterprise zones, empowerment zones, other such designated

596

economically deprived communities and areas, and Environmental

597

Protection Agency-designated brownfield pilot projects.

598

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

599

or radiological substance present in any medium which may result

600

in adverse effects to human health or the environment or which

601

creates an adverse nuisance, organoleptic, or aesthetic condition

602

in groundwater.

603

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

604

surface water, or groundwater areas that contain contaminants

605

that may be harmful to human health or the environment.

606

(7) "Department" means the Department of Environmental

607

Protection.

608

(8) "Engineering controls" means modifications to a site to

609

reduce or eliminate the potential for exposure to petroleum

610

products' chemicals of concern, drycleaning solvents, or other

611

contaminants. Such modifications may include, but are not limited

612

to, physical or hydraulic control measures, capping, point of use

613

treatments, or slurry walls.

614

(9) "Environmental justice" means the fair treatment of all

615

people of all races, cultures, and incomes with respect to the

616

development, implementation, and enforcement of environmental

617

laws, regulations, and policies.

618

(10) "Institutional controls" means the restriction on use

619

of or access to a site to eliminate or minimize exposure to

620

petroleum products' chemicals of concern, drycleaning solvents,

621

or other contaminants. Such restrictions may include, but are not

622

limited to, deed restrictions, restrictive covenants, or

623

conservation easements.

624

(11) "Local pollution control program" means a local

625

pollution control program that has received delegated authority

626

from the department of Environmental Protection under ss.

627

376.80(9) 376.80(11) and 403.182.

628

(12) "Natural attenuation" means a verifiable approach to

629

site rehabilitation which allows natural processes to contain the

630

spread of contamination and reduce the concentrations of

631

contaminants in contaminated groundwater and soil. Natural

632

attenuation processes may include sorption, biodegradation,

633

chemical reactions with subsurface materials, diffusion,

634

dispersion, and volatilization.

635

(13) "Person responsible for brownfield site

636

rehabilitation" means the individual or entity that is designated

637

by the local government to enter into the brownfield site

638

rehabilitation agreement with the department or an approved local

639

pollution control program and enters into an agreement with the

640

local government for redevelopment of the site.

641

(14) "Person" means any individual, partner, joint venture,

642

or corporation; any group of the foregoing, organized or united

643

for a business purpose; or any governmental entity.

644

(15) "Risk reduction" means the lowering or elimination of

645

the level of risk posed to human health or the environment

646

through interim remedial actions, remedial action, or

647

institutional, and if appropriate, engineering controls.

648

(16) "Secretary" means the secretary of the Department of

649

Environmental Protection.

650

(16)(17) "Site rehabilitation" means the assessment of site

651

contamination and the remediation activities that reduce the

652

levels of contaminants at a site through accepted treatment

653

methods to meet the cleanup target levels established for that

654

site. For purposes of sites subject to the Resource Conservation

655

and Recovery Act, the term includes removal, decontamination, and

656

corrective action of releases of hazardous substances.

657

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

658

product, or the removal of contaminants from soil or sediment

659

that has been contaminated to the extent that leaching to

660

groundwater or surface water has occurred or is occurring.

661

(19) "Synergistic effects" means a scientific principle

662

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

663

than the sum of the toxicities of the individual chemicals to

664

which the individual is exposed.

665

Section 6. Section 376.80, Florida Statutes, is amended to

666

read:

667

376.80 Brownfield program administration process.--

668

(1) A local government that has with jurisdiction over the

669

brownfield area must notify the department of its decision to

670

designate a brownfield area for site rehabilitation purposes for

671

the purposes of ss. 376.77-376.85. The notification must include

672

a resolution, by the local government body, to which is attached

673

a map adequate to clearly delineate exactly which parcels are to

674

be included in the brownfield area or alternatively a less-

675

detailed map accompanied by a detailed legal description of the

676

brownfield area. If a property owner within the proposed area

677

proposed for designation by the local government requests in

678

writing to have his or her property removed from the proposed

679

designation, the local government shall grant the request.

680

(a) For municipalities, the governing body shall adopt the

681

resolution in accordance with the procedures outlined in s.

682

166.041, except that the notice for the public hearings on the

683

proposed resolution must be in the form established in s.

684

166.041(3)(c)2.

685

(b) For counties, the governing body shall adopt the

686

resolution in accordance with the procedures outlined in s.

687

125.66, except that the notice for the public hearings on the

688

proposed resolution shall be in the form established in s.

689

125.66(4)(b)2.

690

(2)(a) If a local government proposes to designate a

691

brownfield area that is outside community redevelopment areas,

692

enterprise zones, empowerment zones, closed military bases, or

693

designated brownfield pilot project areas, the local government

694

must adopt the resolution and conduct the public hearings in

695

accordance with the requirements of subsection (1) except that

696

conduct at least one of the required public hearings must be

697

conducted as close as reasonably practicable to hearing in the

698

area to be designated to provide an opportunity for public input

699

on the size of the area, the objectives for rehabilitation, job

700

opportunities and economic developments anticipated, neighborhood

701

residents' considerations, and other relevant local concerns.

702

Notice of the public hearing must be made in a newspaper of

703

general circulation in the area, and the notice must be at least

704

16 square inches in size, must be in ethnic newspapers or local

705

community bulletins, must be posted in the affected area, and

706

must be announced at a scheduled meeting of the local governing

707

body before the actual public hearing.

708

(a) In determining the areas to be designated, the local

709

government shall must consider:

710

1. Whether the brownfield area warrants economic

711

development and has a reasonable potential for such activities;

712

2. Whether the proposed area to be designated represents a

713

reasonably focused approach and is not overly large in geographic

714

coverage;

715

3. Whether the area has potential to interest the private

716

sector in participating in rehabilitation; and

717

4. Whether the area contains sites or parts of sites

718

suitable for limited recreational open space, cultural, or

719

historical preservation purposes.

720

(b) A local government shall designate a brownfield area if

721

under the provisions of this act provided that:

722

1. A person who owns or controls a potential brownfield

723

site is requesting the designation and has agreed to rehabilitate

724

and redevelop the brownfield site;

725

2. The rehabilitation and redevelopment of the proposed

726

brownfield site will result in economic productivity in of the

727

area, along with the creation of at least 5 new permanent jobs at

728

the brownfield site which are full-time equivalent positions not

729

associated with the implementation of the brownfield site

730

rehabilitation agreement and which are not associated with

731

redevelopment project demolition or construction activities

732

pursuant to the redevelopment of the proposed brownfield area

733

agreement required under paragraph (5)(i). However, The job

734

creation requirement is shall not applicable apply to the

735

rehabilitation and redevelopment of a brownfield site that will

736

provide affordable housing that meets the definition of

737

affordable provided in s. 420.0004 as defined in s. 420.0004(3)

738

or the creation of recreational areas, conservation areas, or

739

parks;

740

3. The redevelopment of the proposed brownfield site is

741

consistent with the local comprehensive plan and is a permittable

742

use under the applicable local land development regulations;

743

4. Notice of the proposed rehabilitation of the brownfield

744

area has been provided to neighbors and nearby residents of the

745

proposed area to be designated, and the person proposing the area

746

for designation has afforded to those receiving notice the

747

opportunity for comments and suggestions about rehabilitation.

748

Notice pursuant to this subsection must be made in a newspaper of

749

general circulation in the area, be at least 16 square inches in

750

size, and the notice must be posted in the affected area; and

751

5. The person proposing the area for designation has

752

provided reasonable assurance that he or she has sufficient

753

financial resources to implement and complete the rehabilitation

754

agreement and redevelopment of the brownfield site plan.

755

756

identification of a person responsible for brownfield site

757

rehabilitation simply entitles the identified person to negotiate

758

a brownfield site rehabilitation agreement with the department or

759

approved local pollution control program.

760

(3) If When there is a person responsible for brownfield

761

site rehabilitation, the local government must notify the

762

department of the identity of that person. If the agency or

763

person who will be responsible for the coordination changes

764

during the approval process specified in subsections (4), (5),

765

and (6), the department or the affected approved local pollution

766

control program must notify the affected local government when

767

the change occurs.

768

(4) Local governments or persons responsible for

769

rehabilitation and redevelopment of brownfield areas must

770

establish an advisory committee or use an existing advisory

771

committee that has formally expressed its intent to address

772

redevelopment of the specific brownfield area for the purpose of

773

improving public participation and receiving public comments on

774

rehabilitation and redevelopment of the brownfield area, future

775

land use, local employment opportunities, community safety, and

776

environmental justice. The Such advisory committee should include

777

residents within or adjacent to the brownfield area, businesses

778

operating within the brownfield area, and others deemed

779

appropriate. The person responsible for brownfield site

780

rehabilitation must notify the advisory committee of the intent

781

to rehabilitate and redevelop the site before executing the

782

brownfield site rehabilitation agreement, and provide the

783

committee with a copy of the draft plan for site rehabilitation

784

which addresses elements required by subsection (5). This

785

includes disclosing potential reuse of the property as well as

786

site rehabilitation activities, if any, to be performed. The

787

advisory committee shall review any the proposed redevelopment

788

agreements prepared agreement required pursuant to paragraph

789

(5)(i) and provide comments, if appropriate, to the board of the

790

local government that has with jurisdiction over the brownfield

791

area. The advisory committee must receive a copy of the executed

792

brownfield site rehabilitation agreement. When the person

793

responsible for brownfield site rehabilitation submits a site

794

assessment report or the technical document containing the

795

proposed course of action following site assessment to the

796

department or the local pollution control program for review, the

797

person responsible for brownfield site rehabilitation must hold a

798

meeting or attend a regularly scheduled meeting to inform the

799

advisory committee of the findings and recommendations in the

800

site assessment report or the technical document containing the

801

proposed course of action following site assessment.

802

(5) The person responsible for brownfield site

803

rehabilitation must enter into a brownfield site rehabilitation

804

agreement with the department or an approved local pollution

805

control program if actual contamination exists at the brownfield

806

site. The brownfield site rehabilitation agreement must include:

807

(a) A brownfield site rehabilitation schedule, including

808

milestones for completion of site rehabilitation tasks and

809

submittal of technical reports and rehabilitation plans as agreed

810

upon by the parties to the agreement.;

811

(b) A commitment to conduct site rehabilitation activities

812

under the observation of professional engineers or geologists who

813

are registered in accordance with the requirements of chapter 471

814

or chapter 492, respectively. Submittals provided by the person

815

responsible for brownfield site rehabilitation must be signed and

816

sealed by a professional engineer registered under chapter 471,

817

or a professional geologist registered under chapter 492,

818

certifying that the submittal and associated work comply with the

819

law and rules of the department and those governing the

820

profession. In addition, Upon completion of the approved remedial

821

action, the department shall require a professional engineer

822

registered under chapter 471 or a professional geologist

823

registered under chapter 492 must to certify that the corrective

824

action was, to the best of his or her knowledge, completed in

825

substantial conformance with the plans and specifications

826

approved by the department.;

827

828

accordance with department quality assurance rules.;

829

(d) A commitment to conduct site rehabilitation consistent

830

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

831

brownfield site contamination cleanup criteria in s. 376.81,

832

including any applicable requirements for risk-based corrective

833

action.;

834

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

835

reports and plans submitted in accordance with the agreement. The

836

department shall make every effort to adhere to established

837

agency goals for reasonable timeframes for review of such

838

documents.;

839

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

840

or approved local pollution control program to all brownfield

841

sites within the eligible brownfield area for activities

842

associated with site rehabilitation.;

843

(g) Other provisions that the person responsible for

844

brownfield site rehabilitation and the department agree upon,

845

that are consistent with ss. 376.77-376.86 376.77-376.85, and

846

that will improve or enhance the brownfield site rehabilitation

847

process.;

848

(h) A commitment to consider appropriate pollution

849

prevention measures and to implement those that the person

850

responsible for brownfield site rehabilitation determines are

851

reasonable and cost-effective, taking into account the ultimate

852

use or uses of the brownfield site. Such measures may include

853

improved inventory or production controls and procedures for

854

preventing loss, spills, and leaks of hazardous waste and

855

materials, and include goals for the reduction of releases of

856

toxic materials.; and

857

(i) Certification that the person responsible for

858

brownfield site rehabilitation has consulted with an agreement

859

exists between the person responsible for brownfield site

860

rehabilitation and the local government having with jurisdiction

861

over the brownfield area about the proposed redevelopment for the

862

brownfield site, that the local government is in agreement with

863

or approves the proposed redevelopment, and that the proposed

864

redevelopment complies with all applicable laws and requirements

865

for such redevelopment. Certification includes:

866

1. Referencing or providing a legally recorded or

867

officially approved land use or site map or plan, a development

868

order or approval, a building permit, or a similar official

869

document issued by the local government which reflects the local

870

government's approval of the proposed redevelopment of the

871

brownfield site;

872

2. Providing a copy of the local government resolution

873

designating the brownfield area that contains the proposed

874

redevelopment of the brownfield site; or

875

3. Providing a letter from the local government that

876

describes the proposed redevelopment of the brownfield site and

877

expresses the local government's agreement with or approval of

878

the proposed redevelopment. Such agreement shall contain terms

879

for the redevelopment of the brownfield area.

880

(6) Any contractor performing site rehabilitation program

881

tasks must demonstrate to the department that the contractor:

882

(a) Meets all certification and license requirements

883

imposed by law; and

884

(b) Intends to conduct Has obtained the necessary approvals

885

for conducting sample collection and analyses pursuant to

886

department rules.

887

(7) The contractor who is performing the majority of the

888

site rehabilitation program tasks pursuant to a brownfield site

889

rehabilitation agreement or supervising the performance of such

890

tasks by licensed subcontractors in accordance with the

891

provisions of s. 489.113(9) must certify to the department that

892

the contractor:

893

(a) Complies with applicable OSHA regulations.

894

(b) Maintains workers' compensation insurance for all

895

employees as required by the Florida Workers' Compensation Law.

896

897

limits of not less than $1 million per occurrence and $2 million

898

general aggregate for bodily injury and property damage and

899

comprehensive automobile liability coverage with limits of not

900

less than $1 million combined single limit. The contractor shall

901

also maintain pollution liability coverage with limits of not

902

less than $3 million aggregate for personal injury or death, $1

903

million per occurrence for personal injury or death, and $1

904

million per occurrence for property damage. The contractor's

905

certificate of insurance shall name the state as an additional

906

insured party.

907

(d) Maintains professional liability insurance of at least

908

$1 million per claim and $1 million annual aggregate.

909

(8) Any professional engineer or geologist providing

910

professional services relating to site rehabilitation program

911

tasks must carry professional liability insurance with a coverage

912

limit of at least $1 million.

913

(7)(9) During the cleanup process, if the department or

914

local program fails to complete review of a technical document

915

within the timeframe specified in the brownfield site

916

rehabilitation agreement, the person responsible for brownfield

917

site rehabilitation may proceed to the next site rehabilitation

918

task. However, the person responsible for brownfield site

919

rehabilitation does so at its own risk and may be required by the

920

department or local program to complete additional work on a

921

previous task. Exceptions to this subsection include requests for

922

"no further action," "monitoring only proposals," and feasibility

923

studies, which must be approved before prior to implementation.

924

(8)(10) If the person responsible for brownfield site

925

rehabilitation fails to comply with the brownfield site

926

rehabilitation agreement, the department shall allow 90 days for

927

the person responsible for brownfield site rehabilitation up to

928

90 days to return to compliance with the provision at issue or to

929

negotiate a modification to the brownfield site rehabilitation

930

agreement with the department for good cause shown. If an

931

imminent hazard exists, the 90-day grace period does shall not

932

apply. If the project is not returned to compliance with the

933

brownfield site rehabilitation agreement and a modification

934

cannot be negotiated, the immunity provisions of s. 376.82 are

935

revoked.

936

(9)(11) The department is specifically authorized and

937

encouraged to enter into delegation agreements with local

938

pollution control programs approved under s. 403.182 to

939

administer the brownfield program within their jurisdictions,

940

thereby maximizing the integration of this process with the other

941

local development processes needed to facilitate redevelopment of

942

a brownfield area. When determining whether a delegation pursuant

943

to this subsection of all or part of the brownfield program to a

944

local pollution control program is appropriate, the department

945

shall consider the following. The local pollution control program

946

must:

947

(a) Have and maintain the administrative organization,

948

staff, and financial and other resources to effectively and

949

efficiently implement and enforce the statutory requirements of

950

the delegated brownfield program; and

951

(b) Provide for the enforcement of the requirements of the

952

delegated brownfield program, and for notice and a right to

953

challenge governmental action, by appropriate administrative and

954

judicial process, which shall be specified in the delegation.

955

956

A The local pollution control program may shall not be delegated

957

authority to take action on or to make decisions regarding any

958

brownfield site on land owned by the local government. A Any

959

delegation agreement entered into pursuant to this subsection

960

must shall contain such terms and conditions necessary to ensure

961

the effective and efficient administration and enforcement of the

962

statutory requirements of the brownfield program as established

963

by the act and the relevant rules and other criteria of the

964

department.

965

(10)(12) Local governments are encouraged to use the full

966

range of economic and tax incentives available to facilitate and

967

promote the rehabilitation of brownfield areas, to help eliminate

968

the public health and environmental hazards, and to promote the

969

creation of jobs and economic development in these previously

970

run-down, blighted, and underutilized areas.

971

(11)(a) The Legislature finds and declares the following:

972

1. Brownfield site rehabilitation and redevelopment can

973

improve the health of a community and improve the quality of life

974

for communities, including the individuals living in such

975

communities;

976

2. The benefits of brownfield site rehabilitation and

977

redevelopment on community health should be better measured in

978

order to achieve the legislative intent expressed in s. 376.78;

979

3. There is a need in the state to define and better

980

measure the community health benefits of brownfield site

981

rehabilitation and redevelopment; and

982

4. Funding sources should be established to support efforts

983

by the state and local governments, in collaboration with local

984

health departments, community health providers, and nonprofit

985

organizations, to evaluate the benefits of brownfield site

986

rehabilitation and redevelopment on community health.

987

(b) Local governments are authorized and encouraged to

988

evaluate the community health benefits and effects of brownfield

989

site rehabilitation and redevelopment in connection with

990

brownfield areas within their jurisdiction. Measures that may be

991

evaluated and monitored before and after brownfield site

992

rehabilitation and redevelopment, include, but are not limited

993

to:

994

1. Health status, disease distribution, and quality of life

995

measures for populations living in or around brownfield sites

996

that have been rehabilitated and redeveloped;

997

2. Access to primary and other health care or health

998

services for persons living in or around brownfield sites that

999

have been rehabilitated and redeveloped;

1000

3. New or increased access to open, green, park, or other

1001

spaces that provide recreational opportunities for individuals

1002

living in or around brownfield sites that have been rehabilitated

1003

and redeveloped; and

1004

4. Other factors described in rules adopted by the

1005

department and the Department of Health, as applicable.

1006

1007

in collaboration with local health departments, community health

1008

providers, and nonprofit organizations, to assist local

1009

governments in their evaluation of the health benefits of

1010

brownfield site rehabilitation and redevelopment.

1011

Section 7. Subsection (1), paragraph (d) of subsection (2),

1012

and subsection (3) of section 376.82, Florida Statutes, are

1013

amended to read:

1014

376.82 Eligibility criteria and liability protection.--

1015

(1) ELIGIBILITY.--Any person who has not caused or

1016

contributed to the contamination of a brownfield site on or after

1017

July 1, 1997, is eligible to participate in the brownfield

1018

program established in ss. 376.77-376.86 376.77-376.85, subject

1019

to the following:

1020

(a) Potential brownfield sites that are subject to an

1021

ongoing formal judicial or administrative enforcement action or

1022

corrective action pursuant to federal authority, including, but

1023

not limited to, the Comprehensive Environmental Response

1024

Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as

1025

amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i, as

1026

amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as

1027

amended; or under an order from the United States Environmental

1028

Protection Agency pursuant to 42 U.S.C. s. 6928(h) s. 3008(h) of

1029

the Resource Conservation and Recovery Act, as amended (42

1030

U.S.C.A. s. 6928(h)); or that have obtained or are required to

1031

obtain a permit for the operation of a hazardous waste treatment,

1032

storage, or disposal facility; a postclosure permit; or a permit

1033

pursuant to the federal Hazardous and Solid Waste Amendments of

1034

1984, are not eligible for participation unless specific

1035

exemptions are secured by a memorandum of agreement with the

1036

United States Environmental Protection Agency pursuant to

1037

paragraph (2)(g). A brownfield site within an eligible brownfield

1038

area that subsequently becomes subject to formal judicial or

1039

administrative enforcement action or corrective action under such

1040

federal authority shall have its eligibility revoked unless

1041

specific exemptions are secured by a memorandum of agreement with

1042

the United States Environmental Protection Agency pursuant to

1043

paragraph (2)(g).

1044

(b) Persons who have not caused or contributed to the

1045

contamination of a brownfield site on or after July 1, 1997, and

1046

who, prior to the department's approval of a brownfield site

1047

rehabilitation agreement, are subject to ongoing corrective

1048

action or enforcement under state authority established in this

1049

chapter or chapter 403, including those persons subject to a

1050

pending consent order with the state, are eligible for

1051

participation in a brownfield site rehabilitation agreement if:

1052

1. The proposed brownfield site is currently idle or

1053

underutilized as a result of the contamination, and participation

1054

in the brownfield program shall will immediately, after cleanup

1055

or sooner, result in increased economic productivity at the site,

1056

including at a minimum the creation of 10 new permanent jobs,

1057

whether full-time or part-time, which are not associated with

1058

implementation of the brownfield site rehabilitation agreement;

1059

and

1060

2. The person is complying in good faith with the terms of

1061

an existing consent order or department-approved corrective

1062

action plan, or responding in good faith to an enforcement

1063

action, as evidenced by a determination issued by the department

1064

or an approved local pollution control program.

1065

1066

local government which contain contamination for which a

1067

governmental entity is potentially responsible and which are

1068

already designated as federal brownfield pilot projects or have

1069

filed an application for designation to the United States

1070

Environmental Protection Agency are eligible for participation in

1071

a brownfield site rehabilitation agreement.

1072

(d) After July 1, 1997, petroleum and drycleaning

1073

contamination sites may shall not receive both restoration

1074

funding assistance available for the discharge under this chapter

1075

and any state assistance available under s. 288.107. Sections

1076

376.77-376.86 do not Nothing in this act shall affect the cleanup

1077

criteria, priority ranking, and other rights and obligations

1078

inherent in petroleum contamination and drycleaning contamination

1079

site rehabilitation under ss. 376.30-376.317, or the availability

1080

of economic incentives otherwise provided for by law.

1081

(2) LIABILITY PROTECTION.--

1082

(d) The liability protection provided under this section is

1083

shall become effective upon execution of a brownfield site

1084

rehabilitation agreement and shall remain effective if, provided

1085

the person responsible for brownfield site rehabilitation

1086

complies with the terms of the site rehabilitation agreement. Any

1087

statute of limitations that bars would bar the department from

1088

pursuing relief in accordance with its existing authority is

1089

tolled from the time the agreement is executed until site

1090

rehabilitation is completed or immunity is revoked pursuant to s.

1091

376.80(8) 376.80(10).

1092

(3) REOPENERS.--Upon completion of site rehabilitation in

1093

compliance with ss. 376.77-376.86 376.77-376.85, no additional

1094

site rehabilitation is shall be required unless it is

1095

demonstrated:

1096

(a) That fraud was committed in demonstrating site

1097

conditions or completion of site rehabilitation;

1098

(b) That new information confirms the existence of an area

1099

of previously unknown contamination which exceeds the site-

1100

specific rehabilitation levels established in accordance with s.

1101

376.81, or which otherwise poses the threat of real and

1102

substantial harm to public health, safety, or the environment in

1103

violation of the terms of ss. 376.77-376.86 376.77-376.85;

1104

1105

rehabilitation criteria established under s. 376.81;

1106

(d) That the level of risk is increased beyond the

1107

acceptable risk established under s. 376.81 due to substantial

1108

changes in exposure conditions, such as a change in land use from

1109

nonresidential to residential use. Any person who changes the

1110

land use of the brownfield site thus causing the level of risk to

1111

increase beyond the acceptable risk level may be required by the

1112

department to undertake additional remediation measures to assure

1113

that human health, public safety, and the environment are

1114

protected to levels consistent with s. 376.81; or

1115

(e) That a new release occurs at the brownfield site

1116

subsequent to a determination of eligibility for participation in

1117

the brownfield program established under s. 376.80.

1118

Section 8. Subsection (1) of section 376.83, Florida

1119

Statutes, is amended to read:

1120

376.83 Violation; penalties.--

1121

(1) It is a violation of ss. 376.77-376.86 376.77-376.85,

1122

and it is prohibited for any person, to knowingly make any false

1123

statement, representation, or certification in any application,

1124

record, report, plan, or other document filed or required to be

1125

maintained, or to falsify, tamper with, or knowingly render

1126

inaccurate any monitoring device or method required to be

1127

maintained under ss. 376.77-376.86 376.77-376.85, or by any

1128

permit, rule, or order issued under this chapter or chapter 403.

1129

Section 9. Present subsections (3) through (8) of section

1130

376.86, Florida Statutes, are renumbered as subsection (5)

1131

through (11), respectively, and subsections (1) and (2) of that

1132

section are amended, to read:

1133

376.86 Brownfield Areas Loan Guarantee Program.--

1134

(1) The Brownfield Areas Loan Guarantee Council is created

1135

to review and approve or deny by a majority vote of its

1136

membership, the situations and circumstances for participating

1137

participation in partnerships by agreements with local

1138

governments, financial institutions, and others associated with

1139

the redevelopment of brownfield areas pursuant to the Brownfields

1140

Redevelopment Act for a limited state guaranty of up to 5 years

1141

of loan guarantees or loan loss reserves issued pursuant to law.

1142

(2) The limited state loan guaranty applies only to 50

1143

percent of the primary lenders loans for redevelopment projects

1144

in brownfield areas.

1145

(a) If the redevelopment project is for affordable housing,

1146

as defined in s. 420.0004(3), in a brownfield area, the limited

1147

state loan guaranty applies to 75 percent of the primary lender's

1148

loan.

1149

(b) If the redevelopment project includes the construction

1150

and operation of a new health care facility or a health care

1151

provider, as those terms are defined in s. 408.032, s. 408.07, or

1152

s. 408.7056, on a brownfield site and the applicant has obtained

1153

documentation of occupancy or the issuance of a license or

1154

certificate in accordance with s. 376.30781, the limited state

1155

loan guaranty applies to 75 percent of the primary lender's loan.

1156

(3) A limited state guaranty of private loans or a loan

1157

loss reserve is authorized for lenders licensed to operate in the

1158

state upon a determination by the council that such an

1159

arrangement would be in the public interest and the likelihood of

1160

the success of the loan is great.

1161

(4)(2) The council shall consist of the secretary of the

1162

department of Environmental Protection or the secretary's

1163

designee, the secretary of the Department of Community Affairs or

1164

the secretary's designee, the State Surgeon General of the

1165

Department of Health or the State Surgeon General's designee, the

1166

Executive Director of the State Board of Administration or the

1167

executive director's designee, the Executive Director of the

1168

Florida Housing Finance Corporation or the executive director's

1169

designee, and the Director of the Governor's Office of Tourism,

1170

Trade, and Economic Development or the director's designee. The

1171

chairperson of the council shall be the Director of the

1172

Governor's Office of Tourism, Trade, and Economic Development.

1173

Staff services for activities of the council shall be provided as

1174

needed by the member agencies.

1175

Section 10. Subsection (1) of section 163.3221, Florida

1176

Statutes, is amended to read:

1177

163.3221 Florida Local Government Development Agreement

1178

Act; definitions.--As used in ss. 163.3220-163.3243:

1179

(1) "Brownfield designation" means a resolution adopted by

1180

a local government pursuant to s. 376.80 the Brownfields

1181

Redevelopment Act, ss. 376.77-376.85.

1182

Section 11. This act shall take effect July 1, 2008.

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