Florida Senate - 2008 CS for CS for SB 2594

By the Committees on Community Affairs; Environmental Preservation and Conservation; and Senator Constantine

578-07974A-08 20082594c2

A bill to be entitled

An act relating to brownfield site redevelopment; amending

s. 220.1845, F.S.; revising requirements for site

rehabilitation tax credits; expanding eligibility for site

rehabilitation tax credits; providing for application to

brownfield site redevelopment solid waste removal costs;

providing requirements and limitations; providing

definitions; providing for application to construction and

operation of new health care facilities or health care

providers on brownfield sites; providing requirements;

amending s. 376.30715, F.S.; providing for financial

assistance in certain additional circumstances involving a

transfer of contaminated property; amending s. 376.30781,

F.S.; revising provisions providing tax credits for

rehabilitation of certain contaminated sites and

brownfield sites; providing for application to solid waste

removal activities and site rehabilitation; providing for

granting tax credits to multiple applicants; providing

criteria for claiming costs for solid waste removal;

providing definitions; providing for application to

construction and operation of new health care facilities

or health care providers on brownfield sites; providing

requirements; revising criteria and requirements for

granting site rehabilitation tax credits; providing

criteria and requirements for granting solid waste removal

tax credits; revising criteria and requirements for

Department of Environmental Protection review of tax

credit applications; providing notice requirements for the

department in reviewing applications; increasing available

amounts eligible for tax credits; providing additional

limitations on tax credit awards for site rehabilitation

costs and solid waste removal costs; providing

construction of costs not eligible for tax credits;

providing requirements and procedures for allocating and

awarding certain ineligible or disputed costs; amending s.

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

376.79, F.S.; revising definitions relating to brownfield

redevelopment; conforming a cross-reference; amending s.

376.80, F.S.; revising the brownfield program

administration process; revising local government proposal

requirements; revising requirements for brownfield site

redevelopment agreements; deleting certain brownfield site

rehabilitation contractor certification requirements;

deleting a requirement that certain professionals carry

professional liability insurance; providing legislative

findings and declarations; authorizing local governments

to evaluate certain benefits and effects of brownfield

site redevelopment and rehabilitation; providing criteria;

authorizing the Department of Health to assist local

governments in such evaluations; amending ss. 376.82 and

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

376.86, F.S.; providing for limited application of

Brownfield Areas Loan Guarantee Program grants to

construction and operation of new health care facilities

and health care providers; expanding membership of the

Brownfield Areas Loan Guarantee Council; amending s.

163.3221, F.S.; conforming a cross-reference; providing

for retroactive application; providing an effective date.

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

Section 1. Paragraphs (a), (c), (g), and (i) of subsection

(1) and subsection (2) of section 220.1845, Florida Statutes, are

amended, and paragraphs (j) and (k) are added to subsection (1)

of that section, to read:

220.1845 Contaminated site rehabilitation tax credit.--

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

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

voluntary cleanup activity that is integral to site

rehabilitation at the following sites is available against any

tax due for a taxable year under this chapter:

1. A drycleaning-solvent-contaminated site eligible for

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

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

rehabilitation cleanup is undertaken by the real property owner

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

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

drycleaning facility where the contamination exists; or

3. A brownfield site in a designated brownfield area under

s. 376.80.

used in any one year because of insufficient tax liability on the

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

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

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

chapter for that year exceeds the credit for which the

corporation is eligible in that year under this section after

applying the other credits and unused carryovers in the order

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

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

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

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

transferee has 5 years after the date of transfer to use its

credit.

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

to an entity eligible under s. 376.30781 may be transferred after

a merger or acquisition to the surviving or acquiring entity and

used in the same manner and with the same limitations.

2. The entity or its surviving or acquiring entity as

100

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

101

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

102

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

103

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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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

110

by the Department of Environmental Protection or an examination

111

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

114

amount of credit taken. Any subsequent deficiencies shall be

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assessed against the any entity acquiring and claiming the such

116

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

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order of credit succession.

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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

122

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

124

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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(j) In order to encourage the redevelopment of a brownfield

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site, as defined in the brownfield site rehabilitation agreement,

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which is hindered by the presence of solid waste, as defined in

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s. 403.703, a tax credit applicant, or multiple tax credit

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applicants working jointly to clean up a single brownfield site,

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may also claim costs required to address solid waste removal as

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defined in this paragraph in accordance with rules of the

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Department of Environmental Protection. Multiple tax credit

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applicants shall be granted tax credits in the same proportion as

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each applicant's contribution to payment of solid waste removal

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

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applicant submits an affidavit stating that, after consultation

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with appropriate local government officials and the Department of

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Environmental Protection, to the best of the applicant's

146

knowledge according to such consultation and available historical

147

records, the brownfield site was never operated as a permitted

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solid waste disposal area or was never operated for monetary

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compensation and the applicant submits all other documentation

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and certifications required by this section. Under this section,

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wherever reference is made to "site rehabilitation," the

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Department of Environmental Protection shall instead consider

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whether or not the costs claimed are for solid waste removal. 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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31 annual application deadline, and the Department of

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Environmental Protection shall accept a one-time application

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filed subsequent to the completion by the tax credit applicant of

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the applicable requirements listed in this section. A tax credit

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applicant may claim 50 percent of the cost for solid waste

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removal, not to exceed $500,000, after the applicant has

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determined solid waste removal is completed for the brownfield

163

site. A solid waste removal tax credit application may be filed

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only once per brownfield site. For the purposes of this section,

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the term:

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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 the fees that were charged

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or the assessments that were levied for the disposal of solid

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waste at a 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.

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

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waste management facility, whether the solid waste is disposed of

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or recycled.

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

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a new health care facility as defined in s. 408.032 or s. 408.07,

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or a health care provider as defined in s. 408.07 or s. 408.7056,

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on a 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 meets the requirements of

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this paragraph. In order to receive this additional tax credit,

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the applicant must provide documentation indicating that the

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construction of the health care facility or health care provider

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by the applicant on the brownfield site has received a

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certificate of occupancy or a license or certificate has been

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issued for the operation of the health care facility or health

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care provider.

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(2) FILING REQUIREMENTS.--Any corporation that wishes to

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obtain credit under this section must submit with its return a

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tax credit certificate approving partial tax credits issued by

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the Department of Environmental Protection under s. 376.30781.

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Section 2. Section 376.30715, Florida Statutes, is amended

200

to read:

201

376.30715 Innocent victim petroleum storage system

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restoration.--A contaminated site acquired by the current owner

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prior to July 1, 1990, which has ceased operating as a petroleum

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storage or retail business prior to January 1, 1985, is eligible

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for financial assistance pursuant to s. 376.305(6),

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notwithstanding s. 376.305(6)(a). For purposes of this section,

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the term "acquired" means the acquisition of title to the

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property; however, a subsequent transfer of the property to a

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spouse, a surviving spouse in trust or free of trust, or a

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revocable trust created for the benefit of the settlor does not

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disqualify the site from financial assistance pursuant to s.

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376.305(6). Eligible sites shall be ranked in accordance with s.

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376.3071(5).

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Section 3. Section 376.30781, Florida Statutes, is amended

215

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 the requirements of subsection

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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

236

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 at the following sites is allowed pursuant to s.

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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

247

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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each applicant's their contribution to payment of site

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rehabilitation cleanup costs. Tax credits are available only for

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site rehabilitation conducted during the calendar year for which

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the tax credit application is submitted. For purposes of this

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section, the term "integral to site rehabilitation" means work

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that is necessary to implement the requirements of chapter 62-785

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or chapter 62-782, Florida Administrative Code.

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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(3), an

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applicant for the tax credit may claim an additional 25 percent

275

of the total site rehabilitation costs that are eligible for tax

276

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). Notwithstanding the limitation that

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only one application may shall be submitted each year for each

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site, an application for the additional credit provided for in

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this paragraph shall be submitted after as soon as all

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requirements to obtain the this additional tax credit have been

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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 related to solid waste

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removal may also be claimed under this section. A tax credit

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applicant, or multiple tax credit applicants working jointly to

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clean up a single brownfield site, may also claim costs to

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address the solid waste removal as defined in this paragraph, but

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only those costs to remove, transport, and dispose of solid waste

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in accordance with department rules. Multiple tax credit

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applicants shall be granted tax credits in the same proportion as

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each applicant's contribution to payment of solid waste removal

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

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applicant submits an affidavit stating that, after consultation

308

with appropriate local government officials and the department,

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to the best of the applicant's knowledge based upon such

310

consultation and available historical records, the brownfield

311

site was never operated as a permitted solid waste disposal area

312

or was never operated landfill or dump site for monetary

313

compensation, and the applicant submits all other documentation

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and certifications required by this section. In this section,

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where reference is made to "site rehabilitation," the department

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shall instead consider whether the costs claimed are for solid

317

waste 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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31 15 annual application deadline, and the department shall

321

accept a one-time application filed subsequent to the completion

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by the tax credit applicant of the applicable requirements listed

323

in this subsection paragraph. A tax credit applicant may claim 50

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percent of the costs for solid waste removal, not to exceed

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$500,000, after the applicant has determined solid waste removal

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is completed for the brownfield site. A solid waste removal tax

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credit application may be filed only once per brownfield site.

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For the purposes of this section, the term:

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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 the fees that were charged

332

or the assessments that were levied for the disposal of solid

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waste at a 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

336

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

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The term also includes:

338

a. Transportation of solid waste to a licensed or exempt

339

solid waste management facility or to a temporary storage area.

340

b. Sorting or screening of solid waste prior to removal

341

from the site.

342

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

343

waste management facility, whether the solid waste is disposed of

344

or recycled.

345

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

346

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

347

in s. 408.032, s. 408.07, or s. 408.7056, on a brownfield site,

348

an applicant for a tax credit may claim an additional 25 percent

349

of the total site rehabilitation costs, not to exceed $500,000,

350

if the applicant meets the requirements of this paragraph. In

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order to receive this additional tax credit, the applicant must

352

provide documentation indicating that the construction of the

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health care facility or health care provider by the applicant on

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the brownfield site has received a certificate of occupancy or a

355

license or certificate has been issued for the operation of the

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health care facility or health care provider.

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(4) The Department of Environmental Protection is shall be

358

responsible for allocating the tax credits provided for in s.

359

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

360

credits annually.

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

362

waste removal conducted during the current calendar year, each

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tax credit applicant must apply to the Department of

364

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

372

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 must be accomplished on a first-come, first-

378

served basis based upon the date and time complete applications

379

are received by the Division of Waste Management, subject to the

380

limitations of subsection (14). A tax credit applicant shall

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submit only one complete application per site for each calendar

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year's site rehabilitation costs. Incomplete placeholder

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applications shall not be accepted and will not secure a place in

384

the first-come, first-served application line. To be eligible for

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a tax credit, the tax credit applicant must:

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(a) For site rehabilitation tax credits, have entered into

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a voluntary cleanup agreement with the Department of

388

Environmental Protection for a drycleaning-solvent-contaminated

389

site or a Brownfield Site Rehabilitation Agreement, as

390

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

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

392

sites, as applicable. A site rehabilitation tax credit applicant

393

must submit only a single completed application per site for each

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calendar year's site rehabilitation costs. A site rehabilitation

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application must be received by the Division of Waste Management

396

of the Department of Environmental Protection by January 31 of

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the year after the calendar year for which site rehabilitation

398

costs are being claimed in a tax credit application.

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(b) For solid waste removal tax credits, have entered into

400

a brownfield site rehabilitation agreement with the Department of

401

Environmental Protection. A solid waste removal tax credit

402

applicant must submit only a single complete application per

403

brownfield site, as defined in the brownfield site rehabilitation

404

agreement, for solid waste removal costs. A solid waste removal

405

tax credit application must be received by the Division of Waste

406

Management of the Department of Environmental Protection

407

subsequent to the completion of the requirements listed in

408

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

409

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

410

sites.

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

412

applicant must annually file an application for certification,

413

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

414

Department of Environmental Protection by January 15 of the year

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following the calendar year for which site rehabilitation costs

416

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

417

applicant must provide all pertinent information requested on the

418

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

419

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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submit the following:

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

424

Water Quality Assurance Trust Fund to cover the administrative

425

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

428

and associated costs being claimed that were integral to site

429

rehabilitation as defined in s. 376.301 or s. 376.79 or were for

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solid waste removal as defined in this section during the time

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period covered by the application. Such documents must include

432

contractual records that describe the scope of work performed,

433

payment requests that describe the goods or services provided,

434

and payment records involving actual costs incurred and paid.

435

Such documentation must be sufficient to demonstrate a link

436

between the contractual records, the payment requests, and the

437

payment records for the time period covered by the application

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contracts and documentation of contract negotiations, accounts,

439

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

440

sales, leases, or other transactions involving actual costs

441

incurred for that tax year related to site rehabilitation, as

442

that term is defined in ss. 376.301 and 376.79;

443

444

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

445

certified public accountant in accordance with standards

446

established by the American Institute of Certified Public

447

Accountants. Specifically, a certified public accountant's report

448

must be submitted and the certified public accountant must attest

449

to the accuracy and validity of the costs incurred and paid

450

during the time period covered in the application by conducting

451

an independent review of the data presented by the tax credit

452

applicant. Accuracy and validity of costs incurred and paid shall

453

would be determined after once the level of effort is was

454

certified by an appropriate professional registered in this state

455

in each contributing technical discipline. The certified public

456

accountant's report must would also attest that the costs

457

included in the application form are not duplicated within the

458

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

459

to the Department of Environmental Protection in addition to the

460

accountant's certification form in with the tax credit

461

application; and

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(d) A certification form stating that site rehabilitation

463

activities associated with the documentation submitted pursuant

464

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

465

and related technical documents have been signed and sealed by,

466

an appropriate professional registered in this state in each

467

contributing technical discipline. The certification form shall

468

be signed and sealed by the appropriate registered professionals

469

stating that the costs incurred were integral, necessary, and

470

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

471

376.301 and 376.79. If the scope of solid waste removal

472

activities does not require oversight by a registered technical

473

professional in this state, such certification form is not

474

required as part of 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

477

application must verify such forms by completing and signing the

478

appropriate certifications included as part of the application

479

form. Verification shall must be accomplished as provided in s.

480

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

481

(8) The Department of Environmental Protection shall review

482

the tax credit application and any supplemental documentation

483

that the tax credit applicant may submit prior to the annual

484

application deadline, if applicable, for completeness and

485

eligibility, as follows:

486

(a) To be In order to have the application considered

487

complete, the review must verify for the purpose of verifying

488

that the tax credit applicant has met the appropriate qualifying

489

criteria in subsections (3) and (5), and has submitted a

490

completed application form, and has addressed each of the

491

categories of submittals all required documentation listed in

492

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

493

has met such completeness these requirements, the tax credit

494

application secures a place in the first-come, first-served

495

application line. If the department determines that an

496

application is incomplete, the department shall notify the

497

applicant in writing and the applicant shall have 30 days after

498

receiving such notification to correct any deficiency. Upon

499

timely correction of any deficiencies, the tax credit application

500

secures a place in the first-come, first-served application line.

501

Tax credit applications may not be altered to claim additional

502

costs during this time.

503

(b) In order to have costs considered eligible, a review of

504

the complete application shall be performed to verify that the

505

work claimed was integral to site rehabilitation or was for solid

506

waste removal, that the work claimed was performed in the

507

applicable timeframe, and that the costs claimed were properly

508

documented. Upon verification, the department shall issue a

509

written decision granting eligibility for partial tax credits (a

510

tax credit certificate). Complete tax credit applications shall

511

be reviewed for eligible costs in conjunction with in the amount

512

of 50 percent of the total costs claimed, subject to the $500,000

513

limitation, for the calendar year for which the tax credit

514

application is submitted based on the report of the certified

515

public accountant and the certifications from the appropriate

516

registered technical professionals, as applicable.

517

(9) On or before May 1 March 31, the Department of

518

Environmental Protection shall inform each eligible tax credit

519

applicant that is subject to the January 31 annual application

520

deadline of the applicant's eligibility status and of the amount

521

of any its partial tax credit due. The department shall and

522

provide each eligible tax credit applicant with a tax credit

523

certificate that must be submitted with its tax return to the

524

Department of Revenue to claim the tax credit or be transferred

525

pursuant to s. 220.1845(1)(g)(h). The May 1 deadline for annual

526

site rehabilitation tax credit certificate awards shall not apply

527

to any tax credit application for which the department has issued

528

a notice of deficiency pursuant to subsection (8). The department

529

shall respond within 90 days after receiving a response from the

530

tax credit applicant to such a notice of deficiency. Credits may

531

will not result in the payment of refunds if total credits exceed

532

the amount of tax owed.

533

(10) For solid waste removal, new health care facility or

534

health care provider, and affordable housing tax credit

535

applications, the Department of Environmental Protection shall

536

inform the applicant of the department's determination within 90

537

days after the application is deemed complete. Each eligible tax

538

credit applicant shall be informed of the amount of its tax

539

credit and provided with a tax credit certificate that must be

540

submitted with its tax return to the Department of Revenue to

541

claim the tax credit or be transferred pursuant to s.

542

220.1845(1)(g). Credits may not result in the payment of refunds

543

if total credits exceed the amount of tax owed.

544

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

545

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

546

tax credit authorization, such application will then be included

547

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

548

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

549

application.

550

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

551

adopt rules to prescribe the necessary forms required to claim

552

tax credits under this section and to provide the administrative

553

guidelines and procedures required to administer this section.

554

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

555

revoke or modify any written decision granting eligibility for

556

partial tax credits under this section if it is discovered that

557

the tax credit applicant submitted any false statement,

558

representation, or certification in any application, record,

559

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

560

partial tax credits under this section. The Department of

561

Environmental Protection shall immediately notify the Department

562

of Revenue of any revoked or modified orders affecting previously

563

granted partial tax credits. Additionally, the tax credit

564

applicant must notify the Department of Revenue of any change in

565

its tax credit claimed.

566

(14)(a)(13) A tax credit applicant who receives state-

567

funded site rehabilitation under s. 376.3078(3) for

568

rehabilitation of a drycleaning-solvent-contaminated site is

569

ineligible to receive a tax credit under s. 220.1845 for costs

570

incurred by the tax credit applicant in conjunction with the

571

rehabilitation of that site during the same time period that

572

state-administered site rehabilitation was underway.

573

(b) Tax credits for site rehabilitation awarded pursuant to

574

paragraphs (3)(b)-(d) and (f) are additive, but at no time shall

575

the total tax credit award for site rehabilitation exceed 100

576

percent of the costs incurred and paid by an applicant.

577

578

both eligible site rehabilitation costs and eligible solid waste

579

removal costs provided the costs for any given activity are not

580

claimed for both site rehabilitation and solid waste removal such

581

that the same costs are claimed twice.

582

(d) For purposes of this subsection, costs incurred that

583

are not considered integral to site rehabilitation include, but

584

are not limited to, brownfield area designation costs and tax

585

credit application preparation and submittal costs.

586

(e) If the department notifies an applicant pursuant to

587

subsection (9) that any claimed costs are ineligible, those costs

588

may not be allocated and applied to the annual tax credit

589

authorization, and any disputed costs may not delay the

590

application processing or award for subsequent eligible tax

591

credit applicants in the first-come, first-served application

592

line. However, if the department subsequently agrees to award tax

593

credits on any amount that was disputed, the department shall do

594

so based upon the first-come, first-served application line

595

determined by the applicant's original completeness date and

596

time, provided there is any tax credit authorization available.

597

If a tax credit applicant does not receive an award for the

598

disputed costs due to an exhaustion of the annual tax credit

599

authorization, such subsequent tax credit award shall be included

600

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

601

annual tax credit allocation, if any, based upon the applicant's

602

original completeness date and time.

603

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

604

read:

605

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

606

may be cited as the "Brownfields Redevelopment Act."

607

Section 5. Subsections (6), (8), (10), (11), (12), and (17)

608

of section 376.79, Florida Statutes, are amended to read:

609

376.79 Definitions relating to Brownfields Redevelopment

610

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

611

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

612

sediment, surface water, or groundwater areas that contain

613

contaminants that may be harmful to human health or the

614

environment.

615

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

616

reduce or eliminate the potential for exposure to chemicals of

617

concern from petroleum products, drycleaning solvents, or other

618

contaminants. Such modifications may include, but are not limited

619

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

620

treatments, or slurry walls.

621

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

622

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

623

chemicals of concern from petroleum products, drycleaning

624

solvents, or other contaminants. Such restrictions may include,

625

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

626

or conservation easements.

627

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

628

pollution control program that has received delegated authority

629

from the Department of Environmental Protection under ss.

630

376.80(9)(11) and 403.182.

631

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

632

site rehabilitation that which allows natural processes to

633

contain the spread of contamination and reduce the concentrations

634

of contaminants in contaminated groundwater and soil. Natural

635

attenuation processes may include sorption, biodegradation,

636

chemical reactions with subsurface materials, diffusion,

637

dispersion, and volatilization.

638

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

639

contamination and the remediation activities that reduce the

640

levels of contaminants at a site through accepted treatment

641

methods to meet the cleanup target levels established for that

642

site. For purposes of sites subject to the Resource Conservation

643

and Recovery Act, as amended, the term includes removal,

644

decontamination, and corrective action concerning releases of

645

hazardous substances.

646

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

647

read:

648

376.80 Brownfield program administration process.--

649

(1) A local government with jurisdiction over the

650

brownfield area must notify the department of its decision to

651

designate a brownfield area for rehabilitation for the purposes

652

of ss. 376.77-376.86 376.77-376.85. The notification must include

653

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

654

a map adequate to clearly delineate exactly which parcels are to

655

be included in the brownfield area or alternatively a less-

656

detailed map accompanied by a detailed legal description of the

657

brownfield area. If a property owner within the area proposed for

658

designation by the local government requests in writing to have

659

his or her property removed from the proposed designation, the

660

local government shall grant the request. For municipalities, the

661

governing body shall adopt the resolution in accordance with the

662

procedures outlined in s. 166.041, except that the notice for the

663

public hearings on the proposed resolution must be in the form

664

established in s. 166.041(3)(c)2. For counties, the governing

665

body shall adopt the resolution in accordance with the procedures

666

outlined in s. 125.66, except that the notice for the public

667

hearings on the proposed resolution shall be in the form

668

established in s. 125.66(4)(b)2.

669

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

670

brownfield area that is outside community redevelopment areas,

671

enterprise zones, empowerment zones, closed military bases, or

672

designated brownfield pilot project areas, the local government

673

shall adopt the resolution and must conduct the public hearings

674

in accordance with the requirements of subsection (1), except

675

that at least one of the required public hearings shall be

676

conducted as close as reasonably practicable to hearing in the

677

area to be designated to provide an opportunity for public input

678

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

679

opportunities and economic developments anticipated, neighborhood

680

residents' considerations, and other relevant local concerns.

681

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

682

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

683

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

684

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

685

must be announced at a scheduled meeting of the local governing

686

body before the actual public hearing. In determining the areas

687

to be designated, the local government must consider:

688

1. Whether the brownfield area warrants economic

689

development and has a reasonable potential for such activities;

690

2. Whether the proposed area to be designated represents a

691

reasonably focused approach and is not overly large in geographic

692

coverage;

693

3. Whether the area has potential to interest the private

694

sector in participating in rehabilitation; and

695

4. Whether the area contains sites or parts of sites

696

suitable for limited recreational open space, cultural, or

697

historical preservation purposes.

698

(b) A local government shall designate a brownfield area

699

under the provisions of this act provided that:

700

1. A person who owns or controls a potential brownfield

701

site is requesting the designation and has agreed to rehabilitate

702

and redevelop the brownfield site;

703

2. The rehabilitation and redevelopment of the proposed

704

brownfield site will result in economic productivity of the area,

705

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

706

brownfield site that which are full-time equivalent positions not

707

associated with the implementation of the brownfield site

708

rehabilitation agreement and that which are not associated with

709

redevelopment project demolition or construction activities

710

pursuant to the redevelopment of the proposed brownfield site or

711

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

712

creation requirement shall not apply to the rehabilitation and

713

redevelopment of a brownfield site that will provide affordable

714

housing as defined in s. 420.0004(3) or the creation of

715

recreational areas, conservation areas, or parks;

716

3. The redevelopment of the proposed brownfield site is

717

consistent with the local comprehensive plan and is a permittable

718

use under the applicable local land development regulations;

719

4. Notice of the proposed rehabilitation of the brownfield

720

area has been provided to neighbors and nearby residents of the

721

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

722

for designation has afforded to those receiving notice the

723

opportunity for comments and suggestions about rehabilitation.

724

Notice pursuant to this subparagraph subsection must be made in a

725

newspaper of general circulation in the area, at least 16 square

726

inches in size, and the notice must be posted in the affected

727

area; and

728

5. The person proposing the area for designation has

729

provided reasonable assurance that he or she has sufficient

730

financial resources to implement and complete the rehabilitation

731

agreement and redevelopment of the brownfield site plan.

732

733

identification of a person responsible for brownfield site

734

rehabilitation simply entitles the identified person to negotiate

735

a brownfield site rehabilitation agreement with the department or

736

approved local pollution control program.

737

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

738

rehabilitation, the local government must notify the department

739

of the identity of that person. If the agency or person who will

740

be responsible for the coordination changes during the approval

741

process specified in subsections (4), (5), and (6), the

742

department or the affected approved local pollution control

743

program must notify the affected local government when the change

744

occurs.

745

(4) Local governments or persons responsible for

746

rehabilitation and redevelopment of brownfield areas must

747

establish an advisory committee or use an existing advisory

748

committee that has formally expressed its intent to address

749

redevelopment of the specific brownfield area for the purpose of

750

improving public participation and receiving public comments on

751

rehabilitation and redevelopment of the brownfield area, future

752

land use, local employment opportunities, community safety, and

753

environmental justice. Such advisory committee should include

754

residents within or adjacent to the brownfield area, businesses

755

operating within the brownfield area, and others deemed

756

appropriate. The person responsible for brownfield site

757

rehabilitation must notify the advisory committee of the intent

758

to rehabilitate and redevelop the site before executing the

759

brownfield site rehabilitation agreement, and provide the

760

committee with a copy of the draft plan for site rehabilitation

761

which addresses elements required by subsection (5). This

762

includes disclosing potential reuse of the property as well as

763

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

764

advisory committee shall review any the proposed redevelopment

765

agreements prepared agreement required pursuant to paragraph

766

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

767

local government with jurisdiction over the brownfield area. The

768

advisory committee must receive a copy of the executed brownfield

769

site rehabilitation agreement. When the person responsible for

770

brownfield site rehabilitation submits a site assessment report

771

or the technical document containing the proposed course of

772

action following site assessment to the department or the local

773

pollution control program for review, the person responsible for

774

brownfield site rehabilitation must hold a meeting or attend a

775

regularly scheduled meeting to inform the advisory committee of

776

the findings and recommendations in the site assessment report or

777

the technical document containing the proposed course of action

778

following site assessment.

779

(5) The person responsible for brownfield site

780

rehabilitation must enter into a brownfield site rehabilitation

781

agreement with the department or an approved local pollution

782

control program if actual contamination exists at the brownfield

783

site. The brownfield site rehabilitation agreement must include:

784

(a) A brownfield site rehabilitation schedule, including

785

milestones for completion of site rehabilitation tasks and

786

submittal of technical reports and rehabilitation plans as agreed

787

upon by the parties to the agreement.;

788

(b) A commitment to conduct site rehabilitation activities

789

under the observation of professional engineers or geologists who

790

are registered in accordance with the requirements of chapter 471

791

or chapter 492, respectively. Submittals provided by the person

792

responsible for brownfield site rehabilitation must be signed and

793

sealed by a professional engineer registered under chapter 471,

794

or a professional geologist registered under chapter 492,

795

certifying that the submittal and associated work comply with the

796

law and rules of the department and those governing the

797

profession. In addition, upon completion of the approved remedial

798

action, the department shall require a professional engineer

799

registered under chapter 471 or a professional geologist

800

registered under chapter 492 to certify that the corrective

801

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

802

substantial conformance with the plans and specifications

803

approved by the department.;

804

805

accordance with department quality assurance rules.;

806

(d) A commitment to conduct site rehabilitation consistent

807

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

808

brownfield site contamination cleanup criteria in s. 376.81,

809

including any applicable requirements for risk-based corrective

810

action.;

811

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

812

reports and plans submitted in accordance with the agreement. The

813

department shall make every effort to adhere to established

814

agency goals for reasonable timeframes for review of such

815

documents.;

816

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

817

or approved local pollution control program to all brownfield

818

sites within the eligible brownfield area for activities

819

associated with site rehabilitation.;

820

(g) Other provisions that the person responsible for

821

brownfield site rehabilitation and the department agree upon,

822

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

823

that will improve or enhance the brownfield site rehabilitation

824

process.;

825

(h) A commitment to consider appropriate pollution

826

prevention measures and to implement those that the person

827

responsible for brownfield site rehabilitation determines are

828

reasonable and cost-effective, taking into account the ultimate

829

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

830

improved inventory or production controls and procedures for

831

preventing loss, spills, and leaks of hazardous waste and

832

materials, and include goals for the reduction of releases of

833

toxic materials.; and

834

(i) Certification that an agreement exists between the

835

person responsible for brownfield site rehabilitation has

836

consulted with and the local government with jurisdiction over

837

the brownfield area about the proposed redevelopment of the

838

brownfield site, that the local government is in agreement with

839

or approves the proposed redevelopment, and that the proposed

840

redevelopment complies with applicable laws and requirements for

841

such redevelopment. Certification shall be accomplished by

842

referencing or providing a legally recorded or officially

843

approved land use or site plan, a development order or approval,

844

a building permit, or a similar official document issued by the

845

local government that reflects the local government's approval of

846

proposed redevelopment of the brownfield site; providing a copy

847

of the local government resolution designating the brownfield

848

area that contains the proposed redevelopment of the brownfield

849

site; or providing a letter from the local government that

850

describes the proposed redevelopment of the brownfield site and

851

expresses the local government's agreement with or approval of

852

the proposed redevelopment. Such agreement shall contain terms

853

for the redevelopment of the brownfield area.

854

(6) Any contractor performing site rehabilitation program

855

tasks must demonstrate to the department that the contractor:

856

(a) Meets all certification and license requirements

857

imposed by law; and

858

(b) Will conduct Has obtained the necessary approvals for

859

conducting sample collection and analyses pursuant to department

860

rules.

861

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

862

site rehabilitation program tasks pursuant to a brownfield site

863

rehabilitation agreement or supervising the performance of such

864

tasks by licensed subcontractors in accordance with the

865

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

866

the contractor:

867

(a) Complies with applicable OSHA regulations.

868

(b) Maintains workers' compensation insurance for all

869

employees as required by the Florida Workers' Compensation Law.

870

871

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

872

general aggregate for bodily injury and property damage and

873

comprehensive automobile liability coverage with limits of not

874

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

875

also maintain pollution liability coverage with limits of not

876

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

877

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

878

million per occurrence for property damage. The contractor's

879

certificate of insurance shall name the state as an additional

880

insured party.

881

(d) Maintains professional liability insurance of at least

882

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

883

(8) Any professional engineer or geologist providing

884

professional services relating to site rehabilitation program

885

tasks must carry professional liability insurance with a coverage

886

limit of at least $1 million.

887

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

888

local program fails to complete review of a technical document

889

within the timeframe specified in the brownfield site

890

rehabilitation agreement, the person responsible for brownfield

891

site rehabilitation may proceed to the next site rehabilitation

892

task. However, the person responsible for brownfield site

893

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

894

department or local program to complete additional work on a

895

previous task. Exceptions to this subsection include requests for

896

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

897

studies, which must be approved prior to implementation.

898

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

899

rehabilitation fails to comply with the brownfield site

900

rehabilitation agreement, the department shall allow 90 days for

901

the person responsible for brownfield site rehabilitation to

902

return to compliance with the provision at issue or to negotiate

903

a modification to the brownfield site rehabilitation agreement

904

with the department for good cause shown. If an imminent hazard

905

exists, the 90-day grace period shall not apply. If the project

906

is not returned to compliance with the brownfield site

907

rehabilitation agreement and a modification cannot be negotiated,

908

the immunity provisions of s. 376.82 are revoked.

909

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

910

encouraged to enter into delegation agreements with local

911

pollution control programs approved under s. 403.182 to

912

administer the brownfield program within their jurisdictions,

913

thereby maximizing the integration of this process with the other

914

local development processes needed to facilitate redevelopment of

915

a brownfield area. When determining whether a delegation pursuant

916

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

917

local pollution control program is appropriate, the department

918

shall consider the following. The local pollution control program

919

must:

920

(a) Have and maintain the administrative organization,

921

staff, and financial and other resources to effectively and

922

efficiently implement and enforce the statutory requirements of

923

the delegated brownfield program; and

924

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

925

delegated brownfield program, and for notice and a right to

926

challenge governmental action, by appropriate administrative and

927

judicial process, which shall be specified in the delegation.

928

929

The local pollution control program shall not be delegated

930

authority to take action on or to make decisions regarding any

931

brownfield site on land owned by the local government. Any

932

delegation agreement entered into pursuant to this subsection

933

shall contain such terms and conditions necessary to ensure the

934

effective and efficient administration and enforcement of the

935

statutory requirements of the brownfield program as established

936

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

937

department.

938

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

939

range of economic and tax incentives available to facilitate and

940

promote the rehabilitation of brownfield areas, to help eliminate

941

the public health and environmental hazards, and to promote the

942

creation of jobs and economic development in these previously

943

run-down, blighted, and underutilized areas.

944

(11)(a) The Legislature finds and declares that:

945

1. Brownfield site rehabilitation and redevelopment can

946

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

947

for communities, including improved health and quality of life of

948

individuals living in such communities.

949

2. The community health benefits of brownfield site

950

rehabilitation and redevelopment should be better measured in

951

order to achieve the legislative intent as expressed in s.

952

376.78.

953

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

954

measure the community health benefits of brownfield site

955

rehabilitation and redevelopment.

956

4. Funding sources should be established to support efforts

957

by the state and local governments, in collaboration with local

958

health departments, community health providers, and nonprofit

959

organizations, to evaluate the community health benefits of

960

brownfield site rehabilitation and redevelopment.

961

(b) Local governments may and are encouraged to evaluate

962

the community health benefits and effects of brownfield site

963

rehabilitation and redevelopment in connection with brownfield

964

areas located within their jurisdictions. Factors that may be

965

evaluated and monitored before and after brownfield site

966

rehabilitation and redevelopment include, but are not limited to:

967

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

968

measures regarding populations living in or around brownfield

969

sites that have been rehabilitated and redeveloped.

970

2. Access to primary and other health care or health

971

services for persons living in or around brownfield sites that

972

have been rehabilitated and redeveloped.

973

3. Any new or increased access to open, green, park, or

974

other recreational spaces that provide recreational opportunities

975

for individuals living in or around brownfield sites that have

976

been rehabilitated and redeveloped.

977

4. Other factors described in rules adopted by the

978

Department of Environmental Protection or the Department of

979

Health, as applicable.

980

981

assist local governments, in collaboration with local health

982

departments, community health providers, and nonprofit

983

organizations, in evaluating the community health benefits of

984

brownfield site rehabilitation and redevelopment.

985

Section 7. Subsection (1), paragraphs (d) and (f) of

986

subsection (2), and subsection (3) of section 376.82, Florida

987

Statutes, are amended to read:

988

376.82 Eligibility criteria and liability protection.--

989

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

990

contributed to the contamination of a brownfield site on or after

991

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

992

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

993

to the following:

994

(a) Potential brownfield sites that are subject to an

995

ongoing formal judicial or administrative enforcement action or

996

corrective action pursuant to federal authority, including, but

997

not limited to, the Comprehensive Environmental Response

998

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

999

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

1000

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

1001

amended; or under an order from the United States Environmental

1002

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

1003

the Resource Conservation and Recovery Act, as amended (42

1004

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

1005

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

1006

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

1007

pursuant to the federal Hazardous and Solid Waste Amendments of

1008

1984, are not eligible for participation unless specific

1009

exemptions are secured by a memorandum of agreement with the

1010

United States Environmental Protection Agency pursuant to

1011

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

1012

area that subsequently becomes subject to formal judicial or

1013

administrative enforcement action or corrective action under such

1014

federal authority shall have its eligibility revoked unless

1015

specific exemptions are secured by a memorandum of agreement with

1016

the United States Environmental Protection Agency pursuant to

1017

paragraph (2)(g).

1018

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

1019

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

1020

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

1021

rehabilitation agreement, are subject to ongoing corrective

1022

action or enforcement under state authority established in this

1023

chapter or chapter 403, including those persons subject to a

1024

pending consent order with the state, are eligible for

1025

participation in a brownfield site rehabilitation agreement if:

1026

1. The proposed brownfield site is currently idle or

1027

underutilized as a result of the contamination, and participation

1028

in the brownfield program shall will immediately, after cleanup

1029

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

1030

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

1031

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

1032

implementation of the brownfield site rehabilitation agreement;

1033

and

1034

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

1035

an existing consent order or department-approved corrective

1036

action plan, or responding in good faith to an enforcement

1037

action, as evidenced by a determination issued by the department

1038

or an approved local pollution control program.

1039

1040

local government which contain contamination for which a

1041

governmental entity is potentially responsible and which are

1042

already designated as federal brownfield pilot projects or have

1043

filed an application for designation to the United States

1044

Environmental Protection Agency are eligible for participation in

1045

a brownfield site rehabilitation agreement.

1046

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

1047

contamination sites may shall not receive both restoration

1048

funding assistance available for the discharge under this chapter

1049

and any state assistance available under s. 288.107. Nothing in

1050

this act shall affect the cleanup criteria, priority ranking, and

1051

other rights and obligations inherent in petroleum contamination

1052

and drycleaning contamination site rehabilitation under ss.

1053

376.30-376.317, or the availability of economic incentives

1054

otherwise provided for by law.

1055

(2) LIABILITY PROTECTION.--

1056

(d) The liability protection provided under this section

1057

shall become effective upon execution of a brownfield site

1058

rehabilitation agreement and shall remain effective, provided the

1059

person responsible for brownfield site rehabilitation complies

1060

with the terms of the site rehabilitation agreement. Any statute

1061

of limitations that would bar the department from pursuing relief

1062

in accordance with its existing authority is tolled from the time

1063

the agreement is executed until site rehabilitation is completed

1064

or immunity is revoked pursuant to s. 376.80(8)(10).

1065

(f) Compliance with the agreement referenced in s.

1066

376.80(5)(i) must be evidenced as set forth in that paragraph by

1067

a finding by the local government with jurisdiction over the

1068

brownfield area that the terms of the agreement have been met.

1069

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

1070

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

1071

site rehabilitation is shall be required unless it is

1072

demonstrated:

1073

(a) That fraud was committed in demonstrating site

1074

conditions or completion of site rehabilitation;

1075

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

1076

of previously unknown contamination which exceeds the site-

1077

specific rehabilitation levels established in accordance with s.

1078

376.81, or which otherwise poses the threat of real and

1079

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

1080

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

1081

1082

rehabilitation criteria established under s. 376.81;

1083

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

1084

acceptable risk established under s. 376.81 due to substantial

1085

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

1086

nonresidential to residential use. Any person who changes the

1087

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

1088

increase beyond the acceptable risk level may be required by the

1089

department to undertake additional remediation measures to assure

1090

that human health, public safety, and the environment are

1091

protected to levels consistent with s. 376.81; or

1092

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

1093

subsequent to a determination of eligibility for participation in

1094

the brownfield program established under s. 376.80.

1095

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

1096

Statutes, is amended to read:

1097

376.83 Violation; penalties.--

1098

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

1099

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

1100

statement, representation, or certification in any application,

1101

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

1102

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

1103

inaccurate any monitoring device or method required to be

1104

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

1105

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

1106

Section 9. Subsections (1) and (2) of section 376.86,

1107

Florida Statutes, are amended to read:

1108

376.86 Brownfield Areas Loan Guarantee Program.--

1109

(1) The Brownfield Areas Loan Guarantee Council is created

1110

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

1111

membership, the situations and circumstances for participation in

1112

partnerships by agreements with local governments, financial

1113

institutions, and others associated with the redevelopment of

1114

brownfield areas pursuant to the Brownfields Redevelopment Act

1115

for a limited state guaranty of up to 5 years of loan guarantees

1116

or loan loss reserves issued pursuant to law. The limited state

1117

loan guaranty applies only to 50 percent of the primary lenders

1118

loans for redevelopment projects in brownfield areas. If the

1119

redevelopment project is for affordable housing, as defined in s.

1120

420.0004(3), in a brownfield area, the limited state loan

1121

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

1122

the redevelopment project includes the construction and operation

1123

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

1124

defined in s. 408.032, s. 408.07, or s. 408.7056, on a brownfield

1125

site and the applicant has obtained documentation in accordance

1126

with s. 376.30781 indicating that the construction of the health

1127

care facility or health care provider by the applicant on the

1128

brownfield site has received a certificate of occupancy or a

1129

license or certificate has been issued for the operation of the

1130

health care facility or health care provider, the limited state

1131

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

1132

A limited state guaranty of private loans or a loan loss reserve

1133

is authorized for lenders licensed to operate in the state upon a

1134

determination by the council that such an arrangement would be in

1135

the public interest and the likelihood of the success of the loan

1136

is great.

1137

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

1138

Department of Environmental Protection or the secretary's

1139

designee, the secretary of the Department of Community Affairs or

1140

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

1141

Surgeon General's designee, the Executive Director of the State

1142

Board of Administration or the executive director's designee, the

1143

Executive Director of the Florida Housing Finance Corporation or

1144

the executive director's designee, and the Director of the

1145

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

1146

the director's designee. The chairperson of the council shall be

1147

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

1148

Economic Development. Staff services for activities of the

1149

council shall be provided as needed by the member agencies.

1150

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

1151

Statutes, is amended to read:

1152

163.3221 Florida Local Government Development Agreement

1153

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

1154

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

1155

a local government pursuant to s. 376.80 the Brownfields

1156

Redevelopment Act, ss. 376.77-376.85.

1157

Section 11. This act shall take effect upon becoming a law

1158

and shall operate retroactively to January 1, 2008.

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