| 1 | A bill to be entitled |
| 2 | An act relating to brownfield site redevelopment; amending |
| 3 | s. 212.08, F.S.; revising a definition for purposes of |
| 4 | providing a sales tax exemption for materials used in |
| 5 | constructing certain homes in certain areas; amending s. |
| 6 | 220.1845, F.S.; expanding eligibility for site |
| 7 | rehabilitation tax credits; providing for application to |
| 8 | brownfield site redevelopment solid waste removal costs; |
| 9 | providing requirements and limitations; providing |
| 10 | definitions; providing for application to construction and |
| 11 | operation of new health care facilities or health care |
| 12 | providers on brownfield sites; providing requirements; |
| 13 | amending s. 376.30781, F.S.; revising provisions providing |
| 14 | partial tax credits for rehabilitation of certain |
| 15 | contaminated sites and brownfield sites; providing for |
| 16 | application to solid waste removal activities and site |
| 17 | rehabilitation; providing for granting tax credits to |
| 18 | multiple applicants; providing criteria for claiming costs |
| 19 | for solid waste removal; providing definitions; providing |
| 20 | for application to construction and operation of new |
| 21 | health care facilities or health care providers on |
| 22 | brownfield sites; providing requirements; revising |
| 23 | criteria and requirements for granting site rehabilitation |
| 24 | removal tax credits; providing criteria and requirements |
| 25 | for granting solid waste removal tax credits; revising |
| 26 | criteria and requirements for Department of Environmental |
| 27 | Protection review of tax credit applications; providing |
| 28 | notice requirements for the department in reviewing |
| 29 | applications; increasing available amounts eligible for |
| 30 | tax credits; providing additional limitations on tax |
| 31 | credit awards for site rehabilitation costs and solid |
| 32 | waste removal costs; providing construction of costs not |
| 33 | eligible for tax credits; amending s. 376.79, F.S.; |
| 34 | revising definitions relating to brownfield redevelopment; |
| 35 | conforming a cross-reference; amending s. 376.80, F.S.; |
| 36 | revising the brownfield program administration process; |
| 37 | revising local government proposal requirements; revising |
| 38 | requirements for brownfield site redevelopment agreements; |
| 39 | deleting certain brownfield site rehabilitation contractor |
| 40 | certification requirements; deleting a requirement that |
| 41 | certain professionals carry professional liability |
| 42 | insurance; providing legislative findings and |
| 43 | declarations; authorizing local governments to evaluate |
| 44 | certain benefits and effects of brownfield site |
| 45 | redevelopment and rehabilitation; providing criteria; |
| 46 | authorizing the Department of Health to assist local |
| 47 | governments in such evaluations; amending s. 376.82, F.S.; |
| 48 | conforming references; amending s. 376.86, F.S.; providing |
| 49 | for limited application of Brownfield Areas Loan Guarantee |
| 50 | Program grants to construction and operation of new health |
| 51 | care facilities and health care providers; expanding |
| 52 | membership of the Brownfield Areas Loan Guarantee Council; |
| 53 | providing an effective date. |
| 54 |
|
| 55 | Be It Enacted by the Legislature of the State of Florida: |
| 56 |
|
| 57 | Section 1. Paragraph (n) of subsection (5) of section |
| 58 | 212.08, Florida Statutes, is amended to read: |
| 59 | 212.08 Sales, rental, use, consumption, distribution, and |
| 60 | storage tax; specified exemptions.--The sale at retail, the |
| 61 | rental, the use, the consumption, the distribution, and the |
| 62 | storage to be used or consumed in this state of the following |
| 63 | are hereby specifically exempt from the tax imposed by this |
| 64 | chapter. |
| 65 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
| 66 | (n) Materials for construction of single-family homes in |
| 67 | certain areas.-- |
| 68 | 1. As used in this paragraph, the term: |
| 69 | a. "Building materials" means tangible personal property |
| 70 | that becomes a component part of a qualified home. |
| 71 | b. "Qualified home" means a single-family home or dwelling |
| 72 | constructed for occupancy by any person or household and meeting |
| 73 | the definition of "affordable" provided in s. 420.0004 that |
| 74 | having an appraised value of no more than $160,000 which is |
| 75 | located in an enterprise zone, empowerment zone, brownfield area |
| 76 | designated pursuant to s. 376.80, or Front Porch Florida |
| 77 | Community and which is constructed and occupied by the owner |
| 78 | thereof for residential purposes. |
| 79 | c. "Substantially completed" has the same meaning as |
| 80 | provided in s. 192.042(1). |
| 81 | 2. Building materials used in the construction of a |
| 82 | qualified home and the costs of labor associated with the |
| 83 | construction of a qualified home are exempt from the tax imposed |
| 84 | by this chapter upon an affirmative showing to the satisfaction |
| 85 | of the department that the requirements of this paragraph have |
| 86 | been met. This exemption inures to the owner through a refund of |
| 87 | previously paid taxes. To receive this refund, the owner must |
| 88 | file an application under oath with the department which |
| 89 | includes: |
| 90 | a. The name and address of the owner. |
| 91 | b. The address and assessment roll parcel number of the |
| 92 | home for which a refund is sought. |
| 93 | c. A copy of the building permit issued for the home. |
| 94 | d. A certification by the local building code inspector |
| 95 | that the home is substantially completed. |
| 96 | e. A sworn statement, under penalty of perjury, from the |
| 97 | general contractor licensed in this state with whom the owner |
| 98 | contracted to construct the home, which statement lists the |
| 99 | building materials used in the construction of the home and the |
| 100 | actual cost thereof, the labor costs associated with such |
| 101 | construction, and the amount of sales tax paid on these |
| 102 | materials and labor costs. If a general contractor was not used, |
| 103 | the owner shall provide this information in a sworn statement, |
| 104 | under penalty of perjury. Copies of invoices evidencing payment |
| 105 | of sales tax must be attached to the sworn statement. |
| 106 | f. A sworn statement, under penalty of perjury, from the |
| 107 | owner affirming that he or she is occupying the home for |
| 108 | residential purposes. |
| 109 | 3. An application for a refund under this paragraph must |
| 110 | be submitted to the department within 6 months after the date |
| 111 | the home is deemed to be substantially completed by the local |
| 112 | building code inspector. Within 30 working days after receipt of |
| 113 | the application, the department shall determine if it meets the |
| 114 | requirements of this paragraph. A refund approved pursuant to |
| 115 | this paragraph shall be made within 30 days after formal |
| 116 | approval of the application by the department. |
| 117 | 4. The department shall establish by rule an application |
| 118 | form and criteria for establishing eligibility for exemption |
| 119 | under this paragraph. |
| 120 | 5. The exemption shall apply to purchases of materials on |
| 121 | or after July 1, 2000. |
| 122 | Section 2. Paragraph (i) of subsection (1) of section |
| 123 | 220.1845, Florida Statutes, is amended, and paragraphs (j) and |
| 124 | (k) are added to that subsection, to read: |
| 125 | 220.1845 Contaminated site rehabilitation tax credit.-- |
| 126 | (1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.-- |
| 127 | (i) In order to encourage the construction of housing that |
| 128 | meets the definition of "affordable" provided in s. 420.0004(3), |
| 129 | an applicant for the tax credit may claim an additional 25 |
| 130 | percent of the total site rehabilitation costs that are eligible |
| 131 | for tax credits under this section, including site |
| 132 | rehabilitation costs as provided in paragraph (j) and s. |
| 133 | 376.30781(3)(e), not to exceed $500,000. In order to receive |
| 134 | this additional tax credit, the applicant must provide a |
| 135 | certification letter from the Florida Housing Finance |
| 136 | Corporation, the local housing authority, or other governmental |
| 137 | agency that is a party to the use agreement, indicating that the |
| 138 | construction on the brownfield site is substantially completed |
| 139 | as defined in s. 192.042 or complete, the brownfield site has |
| 140 | received a certificate of occupancy, and that the brownfield |
| 141 | site has a properly recorded instrument that limits the use of |
| 142 | the property to housing that meets the definition of |
| 143 | "affordable" provided in s. 420.0004(3). |
| 144 | (j) In order to encourage the redevelopment of a |
| 145 | brownfield site, as defined in the brownfield site |
| 146 | rehabilitation agreement, that is hindered by the presence of |
| 147 | solid waste, as defined in s. 403.703, a tax credit applicant, |
| 148 | or multiple tax credit applicants working jointly to clean up a |
| 149 | single brownfield site, may also claim costs required to address |
| 150 | removal of the solid waste in accordance with department rules. |
| 151 | Multiple tax credit applicants shall be granted tax credits in |
| 152 | the same proportion as the contribution each such applicant |
| 153 | makes to the total payment of solid waste removal costs. These |
| 154 | costs are eligible for a tax credit provided the applicant |
| 155 | submits an affidavit stating that, after consultation with |
| 156 | appropriate local government officials and the department, to |
| 157 | the best of the applicant's knowledge according to such |
| 158 | consultation and available historical records, the brownfield |
| 159 | site was never operated as a permitted solid waste disposal area |
| 160 | and was never operated for monetary compensation and provided |
| 161 | the applicant submits all other documentation and certifications |
| 162 | required by this section. Under this section, wherever reference |
| 163 | is made to "site rehabilitation," the department shall instead |
| 164 | consider whether the costs claimed are for solid waste removal |
| 165 | and the applicant seeking recovery of costs under this paragraph |
| 166 | for solid waste removal may be eligible to receive tax credits |
| 167 | under this subsection in accordance with the requirements of |
| 168 | this subsection. Tax credit applications claiming costs pursuant |
| 169 | to this paragraph shall not be subject to the calendar-year |
| 170 | limitation and January 15 annual application deadline, and the |
| 171 | department shall accept a one-time application filed subsequent |
| 172 | to the completion by the tax credit applicant of the applicable |
| 173 | requirements listed in this subsection. A tax credit applicant |
| 174 | may claim 50 percent of the costs for solid waste removal, not |
| 175 | to exceed $500,000, after the applicant has determined solid |
| 176 | waste removal is completed for the brownfield site. A solid |
| 177 | waste removal tax credit application may be filed only once per |
| 178 | brownfield site. For the purposes of this section, the term: |
| 179 | 1. "Solid waste disposal area" means a landfill, dump, or |
| 180 | other area where solid waste has been disposed of. |
| 181 | 2. "Monetary compensation" means the fees that were |
| 182 | charged or the assessments that were levied for the disposal of |
| 183 | solid waste at a solid waste disposal area. |
| 184 | 3. "Solid waste removal" means removal of solid waste from |
| 185 | the land surface or excavation of solid waste from below the |
| 186 | land surface and removal of the solid waste from the brownfield |
| 187 | site. The term includes: |
| 188 | a. Transportation of solid waste to a licensed or exempt |
| 189 | solid waste management facility or to a temporary storage area. |
| 190 | b. Sorting or screening of solid waste prior to removal |
| 191 | from the site. |
| 192 | c. Deposition of solid waste at a permitted or exempt |
| 193 | solid waste management facility, whether the solid waste is |
| 194 | disposed of or recycled. |
| 195 | (k) In order to encourage the construction and operation |
| 196 | of a new health care facility or a health care provider, as |
| 197 | defined in s. 408.032, s. 408.07, or s. 408.7056, on a |
| 198 | brownfield site, an applicant for a tax credit may claim an |
| 199 | additional 25 percent of the total site rehabilitation costs, |
| 200 | not to exceed $500,000. In order to receive this additional tax |
| 201 | credit, the applicant must provide documentation indicating that |
| 202 | the construction of the health care facility or health care |
| 203 | provider by the applicant on the brownfield site has been |
| 204 | substantially completed as defined in s. 192.042 or that a |
| 205 | certificate of occupancy or a license or certificate for the |
| 206 | operation of the health care facility or health care provider |
| 207 | has been issued. |
| 208 | Section 3. Section 376.30781, Florida Statutes, is amended |
| 209 | to read: |
| 210 | 376.30781 Partial tax credits for rehabilitation of |
| 211 | drycleaning-solvent-contaminated sites and brownfield sites in |
| 212 | designated brownfield areas; application process; rulemaking |
| 213 | authority; revocation authority.-- |
| 214 | (1) The Legislature finds that: |
| 215 | (a) To facilitate property transactions and economic |
| 216 | growth and development, it is in the interest of the state to |
| 217 | encourage the cleanup, at the earliest possible time, of |
| 218 | drycleaning-solvent-contaminated sites and brownfield sites in |
| 219 | designated brownfield areas. |
| 220 | (b) It is the intent of the Legislature to encourage the |
| 221 | voluntary cleanup of drycleaning-solvent-contaminated sites and |
| 222 | brownfield sites in designated brownfield areas by providing a |
| 223 | partial tax credit for the restoration of such property in |
| 224 | specified circumstances. |
| 225 | (2) Notwithstanding the requirements of subsection |
| 226 | paragraph (5)(a), tax credits allowed pursuant to s. 220.1845 |
| 227 | are available for any site rehabilitation or solid waste removal |
| 228 | conducted during the calendar year in which the applicable |
| 229 | voluntary cleanup agreement or brownfield site rehabilitation |
| 230 | agreement is executed, even if the site rehabilitation or solid |
| 231 | waste removal is conducted prior to the execution of that |
| 232 | agreement or the designation of the brownfield area. |
| 233 | (3)(a) A credit in the amount of 50 percent of the costs |
| 234 | of voluntary cleanup activity that is integral to site |
| 235 | rehabilitation at the following sites is allowed pursuant to s. |
| 236 | 220.1845: |
| 237 | 1. A drycleaning-solvent-contaminated site eligible for |
| 238 | state-funded site rehabilitation under s. 376.3078(3); |
| 239 | 2. A drycleaning-solvent-contaminated site at which site |
| 240 | rehabilitation cleanup is undertaken by the real property owner |
| 241 | pursuant to s. 376.3078(11), if the real property owner is not |
| 242 | also, and has never been, the owner or operator of the |
| 243 | drycleaning facility where the contamination exists; or |
| 244 | 3. A brownfield site in a designated brownfield area under |
| 245 | s. 376.80. |
| 246 | (b) A tax credit applicant, or multiple tax credit |
| 247 | applicants working jointly to clean up a single site, may not be |
| 248 | granted more than $500,000 per year in tax credits for each site |
| 249 | voluntarily rehabilitated. Multiple tax credit applicants shall |
| 250 | be granted tax credits in the same proportion as the their |
| 251 | contribution each such applicant makes to the total payment of |
| 252 | site rehabilitation cleanup costs. Tax credits are available |
| 253 | only for site rehabilitation conducted during the calendar year |
| 254 | for which the tax credit application is submitted. For purposes |
| 255 | of this section, the term "integral to site rehabilitation" |
| 256 | means work that is necessary to implement the requirements of |
| 257 | chapter 62-785 or chapter 62-782, Florida Administrative Code. |
| 258 | (c) In order to encourage completion of site |
| 259 | rehabilitation at contaminated sites that are being voluntarily |
| 260 | cleaned up and that are eligible for a tax credit under this |
| 261 | section, the tax credit applicant may claim an additional 25 |
| 262 | percent of the total site rehabilitation cleanup costs, not to |
| 263 | exceed $500,000, in the final year of cleanup as evidenced by |
| 264 | the Department of Environmental Protection issuing a "No Further |
| 265 | Action" order for that site. |
| 266 | (d) In order to encourage the construction of housing that |
| 267 | meets the definition of affordable provided in s. 420.0004(3), |
| 268 | an applicant for the tax credit may claim an additional 25 |
| 269 | percent of the total site rehabilitation costs that are eligible |
| 270 | for tax credits under this section, including site |
| 271 | rehabilitation costs as provided in paragraph (e), not to exceed |
| 272 | $500,000. In order to receive this additional tax credit, the |
| 273 | applicant must provide a certification letter from the Florida |
| 274 | Housing Finance Corporation, the local housing authority, or |
| 275 | other governmental agency that is a party to the use agreement, |
| 276 | indicating that the construction on the brownfield site is |
| 277 | substantially completed as defined in s. 192.042 or complete, |
| 278 | the brownfield site has received a certificate of occupancy, and |
| 279 | that the brownfield site has a properly recorded instrument that |
| 280 | limits the use of the property to housing that meets the |
| 281 | definition of affordable provided in s. 420.0004(3). |
| 282 | Notwithstanding the limitation that only one application shall |
| 283 | be submitted each year for each site, an application for the |
| 284 | additional credit provided for in this paragraph shall be |
| 285 | submitted after as soon as all requirements to obtain this |
| 286 | additional tax credit have been met. |
| 287 | (e) In order Notwithstanding the restrictions in this |
| 288 | section that limit tax credit eligibility to costs that are |
| 289 | integral to site rehabilitation, to encourage the redevelopment |
| 290 | of a brownfield site, as defined in the brownfield site |
| 291 | rehabilitation agreement, properties in designated brownfield |
| 292 | areas that is are hindered by the presence of solid waste, as |
| 293 | defined in s. 403.703, a tax credit applicant, or multiple tax |
| 294 | credit applicants working jointly to clean up a single |
| 295 | brownfield site, may also claim costs to address removal of the |
| 296 | solid waste, but only those costs to remove, transport, and |
| 297 | dispose of solid waste in accordance with department rules. |
| 298 | Multiple tax credit applicants shall be granted tax credits in |
| 299 | the same proportion as the contribution of each such applicant |
| 300 | makes to the total payment of solid waste removal costs. These |
| 301 | costs are eligible for a tax credit provided the applicant |
| 302 | submits an affidavit stating that, after consultation with |
| 303 | appropriate local government officials and the department, to |
| 304 | the best of the applicant's knowledge according to such |
| 305 | consultation and available historical records, the brownfield |
| 306 | site was never operated as a permitted solid waste disposal area |
| 307 | and was never operated landfill or dump site for monetary |
| 308 | compensation, and provided the applicant submits all other |
| 309 | documentation and certifications required by this section. In |
| 310 | this section, where reference is made to "site rehabilitation," |
| 311 | the department shall instead consider whether the costs claimed |
| 312 | are for solid waste removal and the applicant seeking recovery |
| 313 | of costs under this paragraph for solid waste removal may be |
| 314 | eligible to receive tax credits under this subsection in |
| 315 | accordance with the requirements of this subsection removal, |
| 316 | transportation, and disposal of solid waste. Tax credit |
| 317 | applications claiming costs pursuant to this paragraph shall not |
| 318 | be subject to the calendar-year limitation and January 15 annual |
| 319 | application deadline, and the department shall accept a one-time |
| 320 | application filed subsequent to the completion by the tax credit |
| 321 | applicant of the applicable requirements listed in this |
| 322 | subsection paragraph. A tax credit applicant may claim 50 |
| 323 | percent of the costs for solid waste removal, not to exceed |
| 324 | $500,000, after the applicant has determined solid waste removal |
| 325 | is completed for the brownfield site. A solid waste removal tax |
| 326 | credit application may be filed only once per brownfield site. |
| 327 | For the purposes of this section, the term: |
| 328 | 1. "Solid waste disposal area" means a landfill, dump, or |
| 329 | other area where solid waste has been disposed of. |
| 330 | 2. "Monetary compensation" means the fees that were |
| 331 | charged or the assessments that were levied for the disposal of |
| 332 | solid waste at a solid waste disposal area. |
| 333 | 3. "Solid waste removal" means removal of solid waste from |
| 334 | the land surface or excavation of solid waste from below the |
| 335 | land surface and removal of the solid waste from the brownfield |
| 336 | site. The term includes: |
| 337 | a. Transportation of solid waste to a licensed or exempt |
| 338 | solid waste management facility or to a temporary storage area. |
| 339 | b. Sorting or screening of solid waste prior to removal |
| 340 | from the site. |
| 341 | c. Deposition of solid waste at a permitted or exempt |
| 342 | solid waste management facility, whether the solid waste is |
| 343 | disposed of or recycled. |
| 344 | (f) In order to encourage the construction and operation |
| 345 | of a new health care facility or a health care provider, as |
| 346 | defined in s. 408.032, s. 408.07, or s. 408.7056, on a |
| 347 | brownfield site, an applicant for a tax credit may claim an |
| 348 | additional 25 percent of the total site rehabilitation costs, |
| 349 | not to exceed $500,000. In order to receive this additional tax |
| 350 | credit, the applicant must provide documentation indicating that |
| 351 | the construction of the health care facility or health care |
| 352 | provider by the applicant on the brownfield site has been |
| 353 | substantially completed as defined in s. 192.042 or that a |
| 354 | certificate of occupancy or a license or certificate for the |
| 355 | operation of the health care facility or health care provider |
| 356 | has been issued. |
| 357 | (4) The Department of Environmental Protection shall be |
| 358 | responsible for allocating the tax credits provided for in s. |
| 359 | 220.1845, not to exceed a total of $5 $2 million in tax credits |
| 360 | annually. |
| 361 | (5) To claim the credit for site rehabilitation or solid |
| 362 | waste removal conducted during the current calendar year, each |
| 363 | tax credit applicant must apply to the Department of |
| 364 | Environmental Protection for an allocation of the $5 $2 million |
| 365 | annual credit by filing a tax credit application with the |
| 366 | Division of Waste Management January 15 of the following year on |
| 367 | a form developed by the Department of Environmental Protection |
| 368 | in cooperation with the Department of Revenue. The form shall |
| 369 | include an affidavit from each tax credit applicant certifying |
| 370 | that all information contained in the application, including all |
| 371 | records of costs incurred and claimed in the tax credit |
| 372 | application, are true and correct. If the application is |
| 373 | submitted pursuant to subparagraph (3)(a)2., the form must |
| 374 | include an affidavit signed by the real property owner stating |
| 375 | that it is not, and has never been, the owner or operator of the |
| 376 | drycleaning facility where the contamination exists. Approval of |
| 377 | partial tax credits must be accomplished on a first-come, first- |
| 378 | served basis based upon the date and time completed complete |
| 379 | applications are received by the Division of Waste Management. A |
| 380 | tax credit applicant shall submit only one complete application |
| 381 | per site for each calendar year's site rehabilitation costs. |
| 382 | Incomplete placeholder applications shall not be accepted and |
| 383 | will not secure a place in the first-come, first-served |
| 384 | application line. To be eligible for a tax credit, the tax |
| 385 | credit applicant must: |
| 386 | (a) For site rehabilitation tax credits, have entered into |
| 387 | a voluntary cleanup agreement with the Department of |
| 388 | Environmental Protection for a drycleaning-solvent-contaminated |
| 389 | site or a brownfield site rehabilitation agreement Brownfield |
| 390 | Site Rehabilitation Agreement, as applicable,; and have paid all |
| 391 | deductibles pursuant to s. 376.3078(3)(e) for eligible |
| 392 | drycleaning-solvent-cleanup program sites, as applicable. Site |
| 393 | rehabilitation tax credit applicants must submit only a single |
| 394 | completed application per site for each calendar year's site |
| 395 | rehabilitation costs. Site rehabilitation applications must be |
| 396 | received by the Division of Waste Management of the Department |
| 397 | of Environmental Protection by January 15 of the year following |
| 398 | the calendar year for which site rehabilitation costs are being |
| 399 | claimed in a tax credit application. |
| 400 | (b) For solid waste removal tax credits, have entered into |
| 401 | a brownfield site rehabilitation agreement with the Department |
| 402 | of Environmental Protection. Solid waste removal tax credit |
| 403 | applicants must submit only a single completed application per |
| 404 | brownfield site, as defined in the brownfield site |
| 405 | rehabilitation agreement, for solid waste removal costs. Solid |
| 406 | waste removal tax credit applications must be received by the |
| 407 | Division of Waste Management of the Department of Environmental |
| 408 | Protection subsequent to the completion of the requirements |
| 409 | listed in paragraph (3)(e) Have paid all deductibles pursuant to |
| 410 | s. 376.3078(3)(e) for eligible drycleaning-solvent-cleanup |
| 411 | program sites. |
| 412 | (6) To obtain the tax credit certificate, a tax credit |
| 413 | applicant must annually file an application for certification, |
| 414 | which must be received by the Division of Waste Management of |
| 415 | the Department of Environmental Protection by January 15 of the |
| 416 | year following the calendar year for which site rehabilitation |
| 417 | costs are being claimed in a tax credit application. the tax |
| 418 | credit applicant must provide all pertinent information |
| 419 | requested on the tax credit application form, including, at a |
| 420 | minimum, the name and address of the tax credit applicant and |
| 421 | the address and tracking identification number of the eligible |
| 422 | site. Along with the tax credit application form, the tax credit |
| 423 | applicant must submit the following: |
| 424 | (a) A nonrefundable review fee of $250 made payable to the |
| 425 | Water Quality Assurance Trust Fund to cover the administrative |
| 426 | costs associated with the department's review of the tax credit |
| 427 | application; |
| 428 | (b) Copies of documents that describe the goods or |
| 429 | services and associated costs being claimed that were integral |
| 430 | to site rehabilitation as defined in s. 376.301 or s. 376.79 or |
| 431 | were for solid waste removal during the time period covered by |
| 432 | the application. Such documents must include contractual records |
| 433 | that describe the scope of work performed, payment requests that |
| 434 | describe the goods or services provided, and payment records |
| 435 | involving actual costs incurred and paid. Such documentation |
| 436 | must be sufficient to demonstrate a link between the contractual |
| 437 | records, the payment requests, and the payment records for the |
| 438 | time period covered by the application contracts and |
| 439 | documentation of contract negotiations, accounts, invoices, |
| 440 | sales tickets, or other payment records from purchases, sales, |
| 441 | leases, or other transactions involving actual costs incurred |
| 442 | for that tax year related to site rehabilitation, as that term |
| 443 | is defined in ss. 376.301 and 376.79; |
| 444 | (c) Proof that the documentation submitted pursuant to |
| 445 | paragraph (b) has been reviewed and verified by an independent |
| 446 | certified public accountant in accordance with standards |
| 447 | established by the American Institute of Certified Public |
| 448 | Accountants. Specifically, a certified public accountant's |
| 449 | report must be submitted and the certified public accountant |
| 450 | must attest to the accuracy and validity of the costs incurred |
| 451 | and paid during the time period covered in the application by |
| 452 | conducting an independent review of the data presented by the |
| 453 | tax credit applicant. Accuracy and validity of costs incurred |
| 454 | and paid would be determined once the level of effort was |
| 455 | certified by an appropriate professional registered in this |
| 456 | state in each contributing technical discipline. The certified |
| 457 | public accountant's report would also attest that the costs |
| 458 | included in the application form are not duplicated within the |
| 459 | application. A copy of the accountant's report shall be |
| 460 | submitted to the Department of Environmental Protection in |
| 461 | addition to the accountant's certification form in with the tax |
| 462 | credit application; and |
| 463 | (d) A certification form stating that site rehabilitation |
| 464 | activities associated with the documentation submitted pursuant |
| 465 | to paragraph (b) have been conducted under the observation of, |
| 466 | and related technical documents have been signed and sealed by, |
| 467 | an appropriate professional registered in this state in each |
| 468 | contributing technical discipline. The certification form shall |
| 469 | be signed and sealed by the appropriate registered professionals |
| 470 | stating that the costs incurred were integral, necessary, and |
| 471 | required for site rehabilitation, as that term is defined in ss. |
| 472 | 376.301 and 376.79. If the scope of solid waste removal |
| 473 | activities does not require oversight by a registered technical |
| 474 | professional in this state, such certification form is not |
| 475 | required as part of the tax credit application. |
| 476 | (7) The certified public accountant and appropriate |
| 477 | registered professionals submitting forms as part of a tax |
| 478 | credit application must verify such forms. Verification must be |
| 479 | accomplished as provided in s. 92.525(1)(b) and subject to the |
| 480 | provisions of s. 92.525(3) by completing and signing the |
| 481 | appropriate certifications included as part of the application |
| 482 | form. |
| 483 | (8) The Department of Environmental Protection shall |
| 484 | review the tax credit application and any supplemental |
| 485 | documentation that the tax credit applicant may submit prior to |
| 486 | the annual application deadline, if applicable, for completeness |
| 487 | and eligibility, as follows: |
| 488 | (a) In order to have the application considered complete, |
| 489 | the department shall perform a review for the purpose of |
| 490 | verifying that the tax credit applicant has met the appropriate |
| 491 | qualifying criteria in subsections (3) and (5), and has |
| 492 | submitted a completed application form, and has addressed each |
| 493 | of the categories of submittals all required documentation |
| 494 | listed in subsection (6). Upon verification that the tax credit |
| 495 | applicant has met such completeness these requirements, the tax |
| 496 | credit application secures a place in the first-come, first- |
| 497 | served application line. If the department determines that an |
| 498 | application is incomplete, the department shall notify the |
| 499 | applicant in writing and the applicant shall have 30 days to |
| 500 | correct any deficiency. The department shall respond within 60 |
| 501 | days after receipt of a response from the tax credit applicant |
| 502 | to such a notice of deficiency. Upon timely correction of any |
| 503 | deficiencies, the tax credit application secures a place in the |
| 504 | first-come, first-served application line. Tax credit |
| 505 | applications shall not be altered to claim additional costs |
| 506 | during this time. |
| 507 | (b) In order to have costs considered eligible, the |
| 508 | department shall review the completed application to verify that |
| 509 | the work claimed was integral to site rehabilitation or was for |
| 510 | solid waste removal, that the work claimed was performed in the |
| 511 | applicable timeframe, and that the costs claimed were properly |
| 512 | documented. Upon verification of such requirements, the |
| 513 | department shall issue a written decision granting eligibility |
| 514 | for partial tax credits (a tax credit certificate). Complete tax |
| 515 | credit applications shall be reviewed for eligible costs in |
| 516 | conjunction with in the amount of 50 percent of the total costs |
| 517 | claimed, subject to the $500,000 limitation, for the calendar |
| 518 | year for which the tax credit application is submitted based on |
| 519 | the report of the certified public accountant and the |
| 520 | certifications from the appropriate registered technical |
| 521 | professionals, as applicable. |
| 522 | (9) On or before March 31, the Department of Environmental |
| 523 | Protection shall inform each eligible tax credit applicant, |
| 524 | subject to the January 15 annual application deadline, of the |
| 525 | amount of its partial tax credit and provide each eligible tax |
| 526 | credit applicant with a tax credit certificate that must be |
| 527 | submitted with its tax return to the Department of Revenue to |
| 528 | claim the tax credit or be transferred pursuant to s. |
| 529 | 220.1845(1)(h). The March 31 deadline for annual site |
| 530 | rehabilitation tax credit certificate awards shall not apply to |
| 531 | any tax credit application for which the department has |
| 532 | delivered a notice of deficiency pursuant to subsection (8). |
| 533 | Credits will not result in the payment of refunds if total |
| 534 | credits exceed the amount of tax owed. |
| 535 | (10) For solid waste removal, new health care facility or |
| 536 | health care provider, and affordable housing tax credit |
| 537 | applications, the Department of Environmental Protection shall |
| 538 | inform the applicant of the department's determination within 75 |
| 539 | days after the application is deemed complete. Each eligible tax |
| 540 | credit applicant shall be informed of the amount of its partial |
| 541 | tax credit and provided with a tax credit certificate that must |
| 542 | be submitted with its tax return to the Department of Revenue to |
| 543 | claim the tax credit or be transferred pursuant to s. |
| 544 | 220.1845(1)(h). Credits may not result in the payment of refunds |
| 545 | if total credits exceed the amount of tax owed. |
| 546 | (11)(10) If a tax credit applicant does not receive a tax |
| 547 | credit allocation due to an exhaustion of the $5 2 million |
| 548 | annual tax credit authorization, such application will then be |
| 549 | included in the same first-come, first-served order in the next |
| 550 | year's annual tax credit allocation, if any, based on the prior |
| 551 | year application. |
| 552 | (12)(11) The Department of Environmental Protection may |
| 553 | adopt rules to prescribe the necessary forms required to claim |
| 554 | tax credits under this section and to provide the administrative |
| 555 | guidelines and procedures required to administer this section. |
| 556 | (13)(12) The Department of Environmental Protection has |
| 557 | audit authority for tax credit applications and may revoke or |
| 558 | modify any written decision granting eligibility for partial tax |
| 559 | credits under this section if it is discovered that the tax |
| 560 | credit applicant submitted any false statement, representation, |
| 561 | or certification in any application, record, report, plan, or |
| 562 | other document filed in an attempt to receive partial tax |
| 563 | credits under this section. The Department of Environmental |
| 564 | Protection shall immediately notify the Department of Revenue of |
| 565 | any revoked or modified orders affecting previously granted |
| 566 | partial tax credits. Additionally, the tax credit applicant must |
| 567 | notify the Department of Revenue of any change in its tax credit |
| 568 | claimed. |
| 569 | (14)(a)(13) A tax credit applicant who receives state- |
| 570 | funded site rehabilitation under s. 376.3078(3) for |
| 571 | rehabilitation of a drycleaning-solvent-contaminated site is |
| 572 | ineligible to receive a tax credit under s. 220.1845 for costs |
| 573 | incurred by the tax credit applicant in conjunction with the |
| 574 | rehabilitation of that site during the same time period that |
| 575 | state-administered site rehabilitation was underway. |
| 576 | (b) Tax credits for site rehabilitation awarded pursuant |
| 577 | to paragraphs (3)(b)-(d) are additive, but at no time shall the |
| 578 | total tax credit award for site rehabilitation exceed 100 |
| 579 | percent of the costs incurred and paid by an applicant. |
| 580 | (c) A single brownfield site may receive tax credits for |
| 581 | both eligible site rehabilitation costs and eligible solid waste |
| 582 | removal costs provided the costs for any given activity are not |
| 583 | claimed for both site rehabilitation and solid waste removal |
| 584 | such that the same costs are claimed twice. |
| 585 | (d) For purposes of this subsection, costs incurred that |
| 586 | are not considered integral to site rehabilitation include, but |
| 587 | are not limited to, brownfield area designation costs, tax |
| 588 | credit application preparation and submittal costs, |
| 589 | redevelopment costs that are not integral to site |
| 590 | rehabilitation, and federal, state, or local government |
| 591 | regulatory compliance costs that are not necessary to implement |
| 592 | the requirements of chapter 62-785 or chapter 62-782, Florida |
| 593 | Administrative Code, and are not integral to site |
| 594 | rehabilitation. |
| 595 | Section 4. Subsections (6), (8), (10), (11), and (17) of |
| 596 | section 376.79, Florida Statutes, are amended to read: |
| 597 | 376.79 Definitions relating to Brownfields Redevelopment |
| 598 | Act.--As used in ss. 376.77-376.85, the term: |
| 599 | (6) "Contaminated site" means any contiguous land, |
| 600 | sediment, surface water, or groundwater areas that contain |
| 601 | contaminants that may be harmful to human health or the |
| 602 | environment. |
| 603 | (8) "Engineering controls" means modifications to a site |
| 604 | to reduce or eliminate the potential for exposure to chemicals |
| 605 | of concern from petroleum products, drycleaning solvents, or |
| 606 | other contaminants. Such modifications may include, but are not |
| 607 | limited to, physical or hydraulic control measures, capping, |
| 608 | point of use treatments, or slurry walls. |
| 609 | (10) "Institutional controls" means the restriction on use |
| 610 | of or access to a site to eliminate or minimize exposure to |
| 611 | chemicals of concern from petroleum products, drycleaning |
| 612 | solvents, or other contaminants. Such restrictions may include, |
| 613 | but are not limited to, deed restrictions, restrictive |
| 614 | covenants, or conservation easements. |
| 615 | (11) "Local pollution control program" means a local |
| 616 | pollution control program that has received delegated authority |
| 617 | from the Department of Environmental Protection under ss. |
| 618 | 376.80(9)(11) and 403.182. |
| 619 | (17) "Site rehabilitation" means the assessment of site |
| 620 | contamination and the remediation activities that reduce the |
| 621 | levels of contaminants at a site through accepted treatment |
| 622 | methods to meet the cleanup target levels established for that |
| 623 | site. For purposes of sites subject to the Resource Conservation |
| 624 | and Recovery Act, as amended, the term includes removal, |
| 625 | decontamination, and corrective action of releases of hazardous |
| 626 | substances. |
| 627 | Section 5. Section 376.80, Florida Statutes, is amended to |
| 628 | read: |
| 629 | 376.80 Brownfield program administration process.-- |
| 630 | (1) A local government with jurisdiction over the |
| 631 | brownfield area must notify the department of its decision to |
| 632 | designate a brownfield area for rehabilitation for the purposes |
| 633 | of ss. 376.77-376.85. The notification must include a |
| 634 | resolution, by the local government body, to which is attached a |
| 635 | map adequate to clearly delineate exactly which parcels are to |
| 636 | be included in the brownfield area or alternatively a less- |
| 637 | detailed map accompanied by a detailed legal description of the |
| 638 | brownfield area. If a property owner within the area proposed |
| 639 | for designation by the local government requests in writing to |
| 640 | have his or her property removed from the proposed designation, |
| 641 | the local government shall grant the request. For |
| 642 | municipalities, the governing body shall adopt the resolution in |
| 643 | accordance with the procedures outlined in s. 166.041, except |
| 644 | that the notice for the public hearings on the proposed |
| 645 | resolution must be in the form established in s. 166.041(3)(c)2. |
| 646 | For counties, the governing body shall adopt the resolution in |
| 647 | accordance with the procedures outlined in s. 125.66, except |
| 648 | that the notice for the public hearings on the proposed |
| 649 | resolution shall be in the form established in s. 125.66(4)(b)2. |
| 650 | (2)(a) If a local government proposes to designate a |
| 651 | brownfield area that is outside community redevelopment areas, |
| 652 | enterprise zones, empowerment zones, closed military bases, or |
| 653 | designated brownfield pilot project areas, the local government |
| 654 | shall adopt the resolution and must conduct the public hearings |
| 655 | in accordance with the requirements of subsection (1), except at |
| 656 | least one of the required public hearings shall be conducted as |
| 657 | close as reasonably practicable to hearing in the area to be |
| 658 | designated to provide an opportunity for public input on the |
| 659 | size of the area, the objectives for rehabilitation, job |
| 660 | opportunities and economic developments anticipated, |
| 661 | neighborhood residents' considerations, and other relevant local |
| 662 | concerns. Notice of the public hearing must be made in a |
| 663 | newspaper of general circulation in the area and the notice must |
| 664 | be at least 16 square inches in size, must be in ethnic |
| 665 | newspapers or local community bulletins, must be posted in the |
| 666 | affected area, and must be announced at a scheduled meeting of |
| 667 | the local governing body before the actual public hearing. In |
| 668 | determining the areas to be designated, the local government |
| 669 | must consider: |
| 670 | 1. Whether the brownfield area warrants economic |
| 671 | development and has a reasonable potential for such activities; |
| 672 | 2. Whether the proposed area to be designated represents a |
| 673 | reasonably focused approach and is not overly large in |
| 674 | geographic coverage; |
| 675 | 3. Whether the area has potential to interest the private |
| 676 | sector in participating in rehabilitation; and |
| 677 | 4. Whether the area contains sites or parts of sites |
| 678 | suitable for limited recreational open space, cultural, or |
| 679 | historical preservation purposes. |
| 680 | (b) A local government shall designate a brownfield area |
| 681 | under the provisions of this act provided that: |
| 682 | 1. A person who owns or controls a potential brownfield |
| 683 | site is requesting the designation and has agreed to |
| 684 | rehabilitate and redevelop the brownfield site; |
| 685 | 2. The rehabilitation and redevelopment of the proposed |
| 686 | brownfield site will result in economic productivity of the |
| 687 | area, along with the creation of at least 5 new permanent jobs |
| 688 | at the brownfield site that which are full-time equivalent |
| 689 | positions not associated with the implementation of the |
| 690 | brownfield site rehabilitation agreement and that which are not |
| 691 | associated with redevelopment project demolition or construction |
| 692 | activities pursuant to the redevelopment of the proposed |
| 693 | brownfield site or area agreement required under paragraph |
| 694 | (5)(i). However, the job creation requirement shall not apply to |
| 695 | the rehabilitation and redevelopment of a brownfield site that |
| 696 | will provide affordable housing as defined in s. 420.0004(3) or |
| 697 | the creation of recreational areas, conservation areas, or |
| 698 | parks; |
| 699 | 3. The redevelopment of the proposed brownfield site is |
| 700 | consistent with the local comprehensive plan and is a |
| 701 | permittable use under the applicable local land development |
| 702 | regulations; |
| 703 | 4. Notice of the proposed rehabilitation of the brownfield |
| 704 | area has been provided to neighbors and nearby residents of the |
| 705 | proposed area to be designated, and the person proposing the |
| 706 | area for designation has afforded to those receiving notice the |
| 707 | opportunity for comments and suggestions about rehabilitation. |
| 708 | Notice pursuant to this subparagraph subsection must be made in |
| 709 | a newspaper of general circulation in the area, at least 16 |
| 710 | square inches in size, and the notice must be posted in the |
| 711 | affected area; and |
| 712 | 5. The person proposing the area for designation has |
| 713 | provided reasonable assurance that he or she has sufficient |
| 714 | financial resources to implement and complete the rehabilitation |
| 715 | agreement and redevelopment of the brownfield site plan. |
| 716 | (c) The designation of a brownfield area and the |
| 717 | identification of a person responsible for brownfield site |
| 718 | rehabilitation simply entitles the identified person to |
| 719 | negotiate a brownfield site rehabilitation agreement with the |
| 720 | department or approved local pollution control program. |
| 721 | (3) When there is a person responsible for brownfield site |
| 722 | rehabilitation, the local government must notify the department |
| 723 | of the identity of that person. If the agency or person who will |
| 724 | be responsible for the coordination changes during the approval |
| 725 | process specified in subsections (4), (5), and (6), the |
| 726 | department or the affected approved local pollution control |
| 727 | program must notify the affected local government when the |
| 728 | change occurs. |
| 729 | (4) Local governments or persons responsible for |
| 730 | rehabilitation and redevelopment of brownfield areas must |
| 731 | establish an advisory committee or use an existing advisory |
| 732 | committee that has formally expressed its intent to address |
| 733 | redevelopment of the specific brownfield area for the purpose of |
| 734 | improving public participation and receiving public comments on |
| 735 | rehabilitation and redevelopment of the brownfield area, future |
| 736 | land use, local employment opportunities, community safety, and |
| 737 | environmental justice. Such advisory committee should include |
| 738 | residents within or adjacent to the brownfield area, businesses |
| 739 | operating within the brownfield area, and others deemed |
| 740 | appropriate. The person responsible for brownfield site |
| 741 | rehabilitation must notify the advisory committee of the intent |
| 742 | to rehabilitate and redevelop the site before executing the |
| 743 | brownfield site rehabilitation agreement, and provide the |
| 744 | committee with a copy of the draft plan for site rehabilitation |
| 745 | which addresses elements required by subsection (5). This |
| 746 | includes disclosing potential reuse of the property as well as |
| 747 | site rehabilitation activities, if any, to be performed. The |
| 748 | advisory committee shall review any the proposed redevelopment |
| 749 | agreements prepared agreement required pursuant to paragraph |
| 750 | (5)(i) and provide comments, if appropriate, to the board of the |
| 751 | local government with jurisdiction over the brownfield area. The |
| 752 | advisory committee must receive a copy of the executed |
| 753 | brownfield site rehabilitation agreement. When the person |
| 754 | responsible for brownfield site rehabilitation submits a site |
| 755 | assessment report or the technical document containing the |
| 756 | proposed course of action following site assessment to the |
| 757 | department or the local pollution control program for review, |
| 758 | the person responsible for brownfield site rehabilitation must |
| 759 | hold a meeting or attend a regularly scheduled meeting to inform |
| 760 | the advisory committee of the findings and recommendations in |
| 761 | the site assessment report or the technical document containing |
| 762 | the proposed course of action following site assessment. |
| 763 | (5) The person responsible for brownfield site |
| 764 | rehabilitation must enter into a brownfield site rehabilitation |
| 765 | agreement with the department or an approved local pollution |
| 766 | control program if actual contamination exists at the brownfield |
| 767 | site. The brownfield site rehabilitation agreement must include: |
| 768 | (a) A brownfield site rehabilitation schedule, including |
| 769 | milestones for completion of site rehabilitation tasks and |
| 770 | submittal of technical reports and rehabilitation plans as |
| 771 | agreed upon by the parties to the agreement; |
| 772 | (b) A commitment to conduct site rehabilitation activities |
| 773 | under the observation of professional engineers or geologists |
| 774 | who are registered in accordance with the requirements of |
| 775 | chapter 471 or chapter 492, respectively. Submittals provided by |
| 776 | the person responsible for brownfield site rehabilitation must |
| 777 | be signed and sealed by a professional engineer registered under |
| 778 | chapter 471, or a professional geologist registered under |
| 779 | chapter 492, certifying that the submittal and associated work |
| 780 | comply with the law and rules of the department and those |
| 781 | governing the profession. In addition, upon completion of the |
| 782 | approved remedial action, the department shall require a |
| 783 | professional engineer registered under chapter 471 or a |
| 784 | professional geologist registered under chapter 492 to certify |
| 785 | that the corrective action was, to the best of his or her |
| 786 | knowledge, completed in substantial conformance with the plans |
| 787 | and specifications approved by the department; |
| 788 | (c) A commitment to conduct site rehabilitation in |
| 789 | accordance with department quality assurance rules; |
| 790 | (d) A commitment to conduct site rehabilitation consistent |
| 791 | with state, federal, and local laws and consistent with the |
| 792 | brownfield site contamination cleanup criteria in s. 376.81, |
| 793 | including any applicable requirements for risk-based corrective |
| 794 | action; |
| 795 | (e) Timeframes for the department's review of technical |
| 796 | reports and plans submitted in accordance with the agreement. |
| 797 | The department shall make every effort to adhere to established |
| 798 | agency goals for reasonable timeframes for review of such |
| 799 | documents; |
| 800 | (f) A commitment to secure site access for the department |
| 801 | or approved local pollution control program to all brownfield |
| 802 | sites within the eligible brownfield area for activities |
| 803 | associated with site rehabilitation; |
| 804 | (g) Other provisions that the person responsible for |
| 805 | brownfield site rehabilitation and the department agree upon, |
| 806 | that are consistent with ss. 376.77-376.85, and that will |
| 807 | improve or enhance the brownfield site rehabilitation process; |
| 808 | (h) A commitment to consider appropriate pollution |
| 809 | prevention measures and to implement those that the person |
| 810 | responsible for brownfield site rehabilitation determines are |
| 811 | reasonable and cost-effective, taking into account the ultimate |
| 812 | use or uses of the brownfield site. Such measures may include |
| 813 | improved inventory or production controls and procedures for |
| 814 | preventing loss, spills, and leaks of hazardous waste and |
| 815 | materials, and include goals for the reduction of releases of |
| 816 | toxic materials; and |
| 817 | (i) Certification that an agreement exists between the |
| 818 | person responsible for brownfield site rehabilitation has |
| 819 | consulted with and the local government with jurisdiction over |
| 820 | the brownfield area about the proposed redevelopment of the |
| 821 | brownfield site, that the local government is in agreement with |
| 822 | or approves the proposed redevelopment, and that the proposed |
| 823 | redevelopment complies with applicable laws and requirements for |
| 824 | such redevelopment. Certification shall be accomplished by |
| 825 | referencing or providing a legally recorded or officially |
| 826 | approved land use or site plan, a development order or approval, |
| 827 | a building permit, or a similar official document issued by the |
| 828 | local government that reflects the local government's approval |
| 829 | of proposed redevelopment of the brownfield site; providing a |
| 830 | copy of the local government resolution designating the |
| 831 | brownfield area that contains the proposed redevelopment of the |
| 832 | brownfield site; or providing a letter from the local government |
| 833 | that describes the proposed redevelopment of the brownfield site |
| 834 | and expresses the local government's agreement with or approval |
| 835 | of the proposed redevelopment. Such agreement shall contain |
| 836 | terms for the redevelopment of the brownfield area. |
| 837 | (6) Any contractor performing site rehabilitation program |
| 838 | tasks must demonstrate to the department that the contractor: |
| 839 | (a) Meets all certification and license requirements |
| 840 | imposed by law; and |
| 841 | (b) Will conduct Has obtained the necessary approvals for |
| 842 | conducting sample collection and analyses pursuant to department |
| 843 | rules. |
| 844 | (7) The contractor who is performing the majority of the |
| 845 | site rehabilitation program tasks pursuant to a brownfield site |
| 846 | rehabilitation agreement or supervising the performance of such |
| 847 | tasks by licensed subcontractors in accordance with the |
| 848 | provisions of s. 489.113(9) must certify to the department that |
| 849 | the contractor: |
| 850 | (a) Complies with applicable OSHA regulations. |
| 851 | (b) Maintains workers' compensation insurance for all |
| 852 | employees as required by the Florida Workers' Compensation Law. |
| 853 | (c) Maintains comprehensive general liability coverage |
| 854 | with limits of not less than $1 million per occurrence and $2 |
| 855 | million general aggregate for bodily injury and property damage |
| 856 | and comprehensive automobile liability coverage with limits of |
| 857 | not less than $1 million combined single limit. The contractor |
| 858 | shall also maintain pollution liability coverage with limits of |
| 859 | not less than $3 million aggregate for personal injury or death, |
| 860 | $1 million per occurrence for personal injury or death, and $1 |
| 861 | million per occurrence for property damage. The contractor's |
| 862 | certificate of insurance shall name the state as an additional |
| 863 | insured party. |
| 864 | (d) Maintains professional liability insurance of at least |
| 865 | $1 million per claim and $1 million annual aggregate. |
| 866 | (8) Any professional engineer or geologist providing |
| 867 | professional services relating to site rehabilitation program |
| 868 | tasks must carry professional liability insurance with a |
| 869 | coverage limit of at least $1 million. |
| 870 | (7)(9) During the cleanup process, if the department or |
| 871 | local program fails to complete review of a technical document |
| 872 | within the timeframe specified in the brownfield site |
| 873 | rehabilitation agreement, the person responsible for brownfield |
| 874 | site rehabilitation may proceed to the next site rehabilitation |
| 875 | task. However, the person responsible for brownfield site |
| 876 | rehabilitation does so at its own risk and may be required by |
| 877 | the department or local program to complete additional work on a |
| 878 | previous task. Exceptions to this subsection include requests |
| 879 | for "no further action," "monitoring only proposals," and |
| 880 | feasibility studies, which must be approved prior to |
| 881 | implementation. |
| 882 | (8)(10) If the person responsible for brownfield site |
| 883 | rehabilitation fails to comply with the brownfield site |
| 884 | rehabilitation agreement, the department shall allow 90 days for |
| 885 | the person responsible for brownfield site rehabilitation to |
| 886 | return to compliance with the provision at issue or to negotiate |
| 887 | a modification to the brownfield site rehabilitation agreement |
| 888 | with the department for good cause shown. If an imminent hazard |
| 889 | exists, the 90-day grace period shall not apply. If the project |
| 890 | is not returned to compliance with the brownfield site |
| 891 | rehabilitation agreement and a modification cannot be |
| 892 | negotiated, the immunity provisions of s. 376.82 are revoked. |
| 893 | (9)(11) The department is specifically authorized and |
| 894 | encouraged to enter into delegation agreements with local |
| 895 | pollution control programs approved under s. 403.182 to |
| 896 | administer the brownfield program within their jurisdictions, |
| 897 | thereby maximizing the integration of this process with the |
| 898 | other local development processes needed to facilitate |
| 899 | redevelopment of a brownfield area. When determining whether a |
| 900 | delegation pursuant to this subsection of all or part of the |
| 901 | brownfield program to a local pollution control program is |
| 902 | appropriate, the department shall consider the following. The |
| 903 | local pollution control program must: |
| 904 | (a) Have and maintain the administrative organization, |
| 905 | staff, and financial and other resources to effectively and |
| 906 | efficiently implement and enforce the statutory requirements of |
| 907 | the delegated brownfield program; and |
| 908 | (b) Provide for the enforcement of the requirements of the |
| 909 | delegated brownfield program, and for notice and a right to |
| 910 | challenge governmental action, by appropriate administrative and |
| 911 | judicial process, which shall be specified in the delegation. |
| 912 |
|
| 913 | The local pollution control program shall not be delegated |
| 914 | authority to take action on or to make decisions regarding any |
| 915 | brownfield site on land owned by the local government. Any |
| 916 | delegation agreement entered into pursuant to this subsection |
| 917 | shall contain such terms and conditions necessary to ensure the |
| 918 | effective and efficient administration and enforcement of the |
| 919 | statutory requirements of the brownfield program as established |
| 920 | by the act and the relevant rules and other criteria of the |
| 921 | department. |
| 922 | (10)(12) Local governments are encouraged to use the full |
| 923 | range of economic and tax incentives available to facilitate and |
| 924 | promote the rehabilitation of brownfield areas, to help |
| 925 | eliminate the public health and environmental hazards, and to |
| 926 | promote the creation of jobs and economic development in these |
| 927 | previously run-down, blighted, and underutilized areas. |
| 928 | (11)(a) The Legislature finds and declares that: |
| 929 | 1. Brownfield site rehabilitation and redevelopment can |
| 930 | improve the overall health of a community and the quality of |
| 931 | life for individuals living in that community. |
| 932 | 2. The community health benefits of brownfield site |
| 933 | rehabilitation and redevelopment should be better measured in |
| 934 | order to achieve the legislative intent as expressed in s. |
| 935 | 376.78. |
| 936 | 3. There is a need in this state to define and better |
| 937 | measure the community health benefits of brownfield site |
| 938 | rehabilitation and redevelopment. |
| 939 | 4. Funding sources should be established to support |
| 940 | efforts by the state and local governments, in collaboration |
| 941 | with local health departments, community health providers, and |
| 942 | nonprofit organizations, to evaluate the community health |
| 943 | benefits of brownfield site rehabilitation and redevelopment. |
| 944 | (b) Local governments may and are encouraged to evaluate |
| 945 | the community health benefits and effects of brownfield site |
| 946 | rehabilitation and redevelopment in connection with brownfield |
| 947 | areas located within their jurisdictions. Factors that may be |
| 948 | evaluated and monitored before and after brownfield site |
| 949 | rehabilitation and redevelopment, include, but are not limited |
| 950 | to: |
| 951 | 1. Health status, disease distribution, and quality of |
| 952 | life among populations living in or around brownfield sites that |
| 953 | have been rehabilitated and redeveloped. |
| 954 | 2. Access to primary and other health care or health |
| 955 | services for persons living in or around brownfield sites that |
| 956 | have been rehabilitated and redeveloped. |
| 957 | 3. Any new or increased access to open, green, park, or |
| 958 | other recreational spaces that provide recreational |
| 959 | opportunities for individuals living in or around brownfield |
| 960 | sites that have been rehabilitated and redeveloped. |
| 961 | 4. Other factors described in rules adopted by the |
| 962 | Department of Environmental Protection or the Department of |
| 963 | Health, as applicable. |
| 964 | (c) The Department of Health may and is encouraged to |
| 965 | assist local governments, in collaboration with local health |
| 966 | departments, community health providers, and nonprofit |
| 967 | organizations, in evaluating the community health benefits of |
| 968 | brownfield site rehabilitation and redevelopment. |
| 969 | Section 6. Paragraphs (d) and (f) of subsection (2) of |
| 970 | section 376.82, Florida Statutes, are amended to read: |
| 971 | 376.82 Eligibility criteria and liability protection.-- |
| 972 | (2) LIABILITY PROTECTION.-- |
| 973 | (d) The liability protection provided under this section |
| 974 | shall become effective upon execution of a brownfield site |
| 975 | rehabilitation agreement and shall remain effective, provided |
| 976 | the person responsible for brownfield site rehabilitation |
| 977 | complies with the terms of the site rehabilitation agreement. |
| 978 | Any statute of limitations that would bar the department from |
| 979 | pursuing relief in accordance with its existing authority is |
| 980 | tolled from the time the agreement is executed until site |
| 981 | rehabilitation is completed or immunity is revoked pursuant to |
| 982 | s. 376.80(8)(10). |
| 983 | (f) Compliance with the agreement referenced in s. |
| 984 | 376.80(5)(i) must be evidenced as set forth in that paragraph by |
| 985 | a finding by the local government with jurisdiction over the |
| 986 | brownfield area that the terms of the agreement have been met. |
| 987 | Section 7. Subsections (1) and (2) of section 376.86, |
| 988 | Florida Statutes, are amended to read: |
| 989 | 376.86 Brownfield Areas Loan Guarantee Program.-- |
| 990 | (1) The Brownfield Areas Loan Guarantee Council is created |
| 991 | to review and approve or deny, by a majority vote of its |
| 992 | membership, the situations and circumstances for participation |
| 993 | in partnerships by agreements with local governments, financial |
| 994 | institutions, and others associated with the redevelopment of |
| 995 | brownfield areas pursuant to the Brownfields Redevelopment Act |
| 996 | for a limited state guaranty of up to 5 years of loan guarantees |
| 997 | or loan loss reserves issued pursuant to law. The limited state |
| 998 | loan guaranty applies only to 50 percent of the primary lenders |
| 999 | loans for redevelopment projects in brownfield areas. If the |
| 1000 | redevelopment project is for affordable housing, as defined in |
| 1001 | s. 420.0004(3), in a brownfield area, the limited state loan |
| 1002 | guaranty applies to 75 percent of the primary lender's loan. If |
| 1003 | the redevelopment project includes the construction and |
| 1004 | operation of a new health care facility or a health care |
| 1005 | provider, as defined in s. 408.032, s. 408.07, or s. 408.7056, |
| 1006 | on a brownfield site and the applicant has obtained |
| 1007 | documentation in accordance with s. 376.30781 indicating that |
| 1008 | the construction of the health care facility or health care |
| 1009 | provider by the applicant on the brownfield site has been |
| 1010 | substantially completed as defined in s. 192.042 or that a |
| 1011 | certificate of occupancy or a license or certificate for the |
| 1012 | operation of the health care facility or health care provider |
| 1013 | has been issued, the limited state loan guaranty applies to 75 |
| 1014 | percent of the primary lender's loan. A limited state guaranty |
| 1015 | of private loans or a loan loss reserve is authorized for |
| 1016 | lenders licensed to operate in the state upon a determination by |
| 1017 | the council that such an arrangement would be in the public |
| 1018 | interest and the likelihood of the success of the loan is great. |
| 1019 | (2) The council shall consist of the secretary of the |
| 1020 | Department of Environmental Protection or the secretary's |
| 1021 | designee, the secretary of the Department of Community Affairs |
| 1022 | or the secretary's designee, the State Surgeon General or the |
| 1023 | State Surgeon General's designee, the Executive Director of the |
| 1024 | State Board of Administration or the executive director's |
| 1025 | designee, the Executive Director of the Florida Housing Finance |
| 1026 | Corporation or the executive director's designee, and the |
| 1027 | Director of the Governor's Office of Tourism, Trade, and |
| 1028 | Economic Development or the director's designee. The chairperson |
| 1029 | of the council shall be the Director of the Governor's Office of |
| 1030 | Tourism, Trade, and Economic Development. Staff services for |
| 1031 | activities of the council shall be provided as needed by the |
| 1032 | member agencies. |
| 1033 | Section 8. This act shall take effect July 1, 2008. |