CS/HB 527

1	A bill to be entitled
2	An act relating to environmental site redevelopment;
3	amending s. 376.30715, F.S.; defining the term "acquired";
4	providing for financial assistance in certain additional
5	circumstances involving the transfer of a contaminated
6	property; s. 220.1845, F.S.; revising requirements for
7	site rehabilitation tax credits; expanding eligibility for
8	site rehabilitation tax credits; providing for application
9	to brownfield site redevelopment solid waste removal
10	costs; providing requirements and limitations; providing
11	definitions; providing for application to construction and
12	operation of new health care facilities or health care
13	providers on brownfield sites; providing requirements;
14	amending s. 376.30781, F.S.; revising provisions providing
15	tax credits for rehabilitation of certain contaminated
16	sites and brownfield sites; providing for application to
17	solid waste removal activities and site rehabilitation;
18	providing for granting tax credits to multiple applicants;
19	providing criteria for claiming costs for solid waste
20	removal; providing definitions; providing for application
21	to construction and operation of new health care
22	facilities or health care providers on brownfield sites;
23	providing requirements; revising criteria and requirements
24	for granting site rehabilitation tax credits; providing
25	criteria and requirements for granting solid waste removal
26	tax credits; revising criteria and requirements for
27	Department of Environmental Protection review of tax
28	credit applications; providing notice requirements for the
29	department in reviewing applications; increasing available
30	amounts eligible for tax credits; providing additional
31	limitations on tax credit awards for site rehabilitation
32	costs and solid waste removal costs; providing
33	construction of costs not eligible for tax credits;
34	providing requirements and procedures for allocating and
35	awarding certain ineligible or disputed costs; amending s.
36	376.79, F.S.; revising definitions relating to brownfield
37	redevelopment; conforming a cross-reference; amending s.
38	376.80, F.S.; revising the brownfield program
39	administration process; revising local government proposal
40	requirements; revising requirements for brownfield site
41	redevelopment agreements; deleting certain brownfield site
42	rehabilitation contractor certification requirements;
43	deleting a requirement that certain professionals carry
44	professional liability insurance; providing legislative
45	findings and declarations; authorizing local governments
46	to evaluate certain benefits and effects of brownfield
47	site redevelopment and rehabilitation; providing criteria;
48	authorizing the Department of Health to assist local
49	governments in such evaluations; amending s. 376.82, F.S.;
50	conforming references; amending s. 376.86, F.S.; providing
51	for limited application of Brownfield Areas Loan Guarantee
52	Program grants to construction and operation of new health
53	care facilities and health care providers; expanding
54	membership of the Brownfield Areas Loan Guarantee Council;
55	providing for retroactive application; providing an
56	effective date.
57
58	Be It Enacted by the Legislature of the State of Florida:
59
60	Section 1.  Section 376.30715, Florida Statutes, is amended
61	to read:
62	376.30715  Innocent victim petroleum storage system
63	restoration.--A contaminated site acquired by the current owner
64	prior to July 1, 1990, which has ceased operating as a petroleum
65	storage or retail business prior to January 1, 1985, is eligible
66	for financial assistance pursuant to s. 376.305(6),
67	notwithstanding s. 376.305(6)(a). For purposes of this section,
68	the term "acquired" means the acquisition of title to the
69	property; however, a subsequent transfer of the property to a
70	spouse, a surviving spouse in trust or free of trust, or a
71	revocable trust created for the benefit of the settlor does not
72	disqualify the site from financial assistance pursuant to s.
73	376.305(6). Eligible sites shall be ranked in accordance with s.
74	376.3071(5).
75	Section 2.  Paragraphs (a), (c), (g), and (i) of subsection
76	(1) and subsection (2) of section 220.1845, Florida Statutes,
77	are amended, and paragraphs (j) and (k) are added to subsection
78	(1) of that section, to read:
79	220.1845  Contaminated site rehabilitation tax credit.--
80	(1)  AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
81	(a)  A credit in the amount of 50 percent of the costs of
82	voluntary cleanup activity that is integral to site
83	rehabilitation at the following sites is available against any
84	tax due for a taxable year under this chapter:
85	1.  A drycleaning-solvent-contaminated site eligible for
86	state-funded site rehabilitation under s. 376.3078(3);
87	2.  A drycleaning-solvent-contaminated site at which site
88	rehabilitation cleanup is undertaken by the real property owner
89	pursuant to s. 376.3078(11), if the real property owner is not
90	also, and has never been, the owner or operator of the
91	drycleaning facility where the contamination exists; or
92	3.  A brownfield site in a designated brownfield area under
93	s. 376.80.
94	(c)  If the credit granted under this section is not fully
95	used in any one year because of insufficient tax liability on
96	the part of the corporation, the unused amount may be carried
97	forward for up to a period not to exceed 5 years. The carryover
98	credit may be used in a subsequent year if when the tax imposed
99	by this chapter for that year exceeds the credit for which the
100	corporation is eligible in that year under this section after
101	applying the other credits and unused carryovers in the order
102	provided by s. 220.02(8). Five years after the date a credit is
103	granted under this section, such credit expires and may not be
104	used. However, If during the 5-year period the credit is
105	transferred, in whole or in part, pursuant to paragraph (g),
106	each transferee has 5 years after the date of transfer to use
107	its credit.
108	(g)1.  Tax credits that may be available under this section
109	to an entity eligible under s. 376.30781 may be transferred
110	after a merger or acquisition to the surviving or acquiring
111	entity and used in the same manner and with the same
112	limitations.
113	2.  The entity or its surviving or acquiring entity as
114	described in subparagraph 1., may transfer any unused credit in
115	whole or in units of at least no less than 25 percent of the
116	remaining credit. The entity acquiring such credit may use it in
117	the same manner and with the same limitation as described in
118	this section. Such transferred credits may not be transferred
119	again although they may succeed to a surviving or acquiring
120	entity subject to the same conditions and limitations as
121	described in this section.
122	3.  If In the event the credit provided for under this
123	section is reduced due to either as a result of a determination
124	by the Department of Environmental Protection or an examination
125	or audit by the Department of Revenue, the such tax deficiency
126	shall be recovered from the first entity, or the surviving or
127	acquiring entity that, to have claimed the such credit up to the
128	amount of credit taken. Any subsequent deficiencies shall be
129	assessed against the any entity acquiring and claiming the such
130	credit, or in the case of multiple succeeding entities in the
131	order of credit succession.
132	(i)  In order to encourage the construction of housing that
133	meets the definition of affordable provided in s. 420.0004(3),
134	an applicant for the tax credit may claim an additional 25
135	percent of the total site rehabilitation costs that are eligible
136	for tax credits under this section, not to exceed $500,000. In
137	order to receive this additional tax credit, the applicant must
138	provide a certification letter from the Florida Housing Finance
139	Corporation, the local housing authority, or other governmental
140	agency that is a party to the use agreement, indicating that the
141	construction on the brownfield site is complete, the brownfield
142	site has received a certificate of occupancy, and the brownfield
143	site has a properly recorded instrument that limits the use of
144	the property to housing that meets the definition of affordable
145	provided in s. 420.0004(3).
146	(j)  In order to encourage the redevelopment of a
147	brownfield site, as defined in the brownfield site
148	rehabilitation agreement, that is hindered by the presence of
149	solid waste, as defined in s. 403.703, a tax credit applicant,
150	or multiple tax credit applicants working jointly to clean up a
151	single brownfield site, may also claim costs required to address
152	solid waste removal as defined in this paragraph in accordance
153	with rules of the Department of Environmental Protection.
154	Multiple tax credit applicants shall be granted tax credits in
155	the same proportion as each applicant's contribution to payment
156	of solid waste removal costs. These costs are eligible for a tax
157	credit provided the applicant submits an affidavit stating that,
158	after consultation with appropriate local government officials
159	and the Department of Environmental Protection, to the best of
160	the applicant's knowledge according to such consultation and
161	available historical records, the brownfield site was never
162	operated as a permitted solid waste disposal area or was never
163	operated for monetary compensation and the applicant submits all
164	other documentation and certifications required by this section.
165	Under this section, wherever reference is made to "site
166	rehabilitation," the Department of Environmental Protection
167	shall instead consider whether or not the costs claimed are for
168	solid waste removal. Tax credit applications claiming costs
169	pursuant to this paragraph shall not be subject to the calendar-
170	year limitation and January 31 annual application deadline, and
171	the Department of Environmental Protection shall accept a one-
172	time application filed subsequent to the completion by the tax
173	credit applicant of the applicable requirements listed in this
174	section. A tax credit applicant may claim 50 percent of the cost
175	for solid waste removal, not to exceed $500,000, after the
176	applicant has determined solid waste removal is completed for
177	the brownfield site. A solid waste removal tax credit
178	application may be filed only once per brownfield site. For the
179	purposes of this section, the term:
180	1.  "Solid waste disposal area" means a landfill, dump, or
181	other area where solid waste has been disposed of.
182	2.  "Monetary compensation" means the fees that were
183	charged or the assessments that were levied for the disposal of
184	solid waste at a solid waste disposal area.
185	3.  "Solid waste removal" means removal of solid waste from
186	the land surface or excavation of solid waste from below the
187	land surface and removal of the solid waste from the brownfield
188	site. The term also includes:
189	a.  Transportation of solid waste to a licensed or exempt
190	solid waste management facility or to a temporary storage area.
191	b.  Sorting or screening of solid waste prior to removal
192	from the site.
193	c.  Deposition of solid waste at a permitted or exempt
194	solid waste management facility, whether the solid waste is
195	disposed of or recycled.
196	(k)  In order to encourage the construction and operation
197	of a new health care facility as defined in s. 408.032 or s.
198	408.07, or a health care provider as defined in s. 408.07 or s.
199	408.7056, on a brownfield site, an applicant for a tax credit
200	may claim an additional 25 percent of the total site
201	rehabilitation costs, not to exceed $500,000, if the applicant
202	meets the requirements of this paragraph. In order to receive
203	this additional tax credit, the applicant must provide
204	documentation indicating that the construction of the health
205	care facility or health care provider by the applicant on the
206	brownfield site has received a certificate of occupancy or a
207	license or certificate has been issued for the operation of the
208	health care facility or health care provider.
209	(2)  FILING REQUIREMENTS.--Any corporation that wishes to
210	obtain credit under this section must submit with its return a
211	tax credit certificate approving partial tax credits issued by
212	the Department of Environmental Protection under s. 376.30781.
213	Section 3.  Section 376.30781, Florida Statutes, is amended
214	to read:
215	376.30781  Partial Tax credits for rehabilitation of
216	drycleaning-solvent-contaminated sites and brownfield sites in
217	designated brownfield areas; application process; rulemaking
218	authority; revocation authority.--
219	(1)  The Legislature finds that:
220	(a)  To facilitate property transactions and economic
221	growth and development, it is in the state's interest of the
222	state to encourage the cleanup, at the earliest possible time,
223	of drycleaning-solvent-contaminated sites and brownfield sites
224	in designated brownfield areas.
225	(b)  It is the intent of the Legislature to encourage the
226	voluntary cleanup of drycleaning-solvent-contaminated sites and
227	brownfield sites in designated brownfield areas by providing a
228	partial tax credit for the restoration of such property in
229	specified circumstances.
230	(2)  Notwithstanding the requirements of subsection
231	paragraph (5)(a), tax credits allowed pursuant to s. 220.1845
232	are available for any site rehabilitation or solid waste removal
233	conducted during the calendar year in which the applicable
234	voluntary cleanup agreement or brownfield site rehabilitation
235	agreement is executed, even if the site rehabilitation or solid
236	waste removal is conducted prior to the execution of that
237	agreement or the designation of the brownfield area.
238	(3)(a)  A credit in the amount of 50 percent of the costs
239	of voluntary cleanup activity that is integral to site
240	rehabilitation at the following sites is allowed pursuant to s.
241	220.1845:
242	1.  A drycleaning-solvent-contaminated site eligible for
243	state-funded site rehabilitation under s. 376.3078(3);
244	2.  A drycleaning-solvent-contaminated site at which site
245	rehabilitation cleanup is undertaken by the real property owner
246	pursuant to s. 376.3078(11), if the real property owner is not
247	also, and has never been, the owner or operator of the
248	drycleaning facility where the contamination exists; or
249	3.  A brownfield site in a designated brownfield area under
250	s. 376.80.
251	(b)  A tax credit applicant, or multiple tax credit
252	applicants working jointly to clean up a single site, may not
253	receive be granted more than $500,000 per year in tax credits
254	for each site voluntarily rehabilitated. Multiple tax credit
255	applicants shall be granted tax credits in the same proportion
256	as each applicant's their contribution to payment of site
257	rehabilitation cleanup costs. Tax credits are available only for
258	site rehabilitation conducted during the calendar year for which
259	the tax credit application is submitted. For purposes of this
260	section, the term "integral to site rehabilitation" means work
261	that is necessary to implement the requirements of chapter 62-
262	785 or chapter 62-782, Florida Administrative Code.
263	(c)  In order to encourage completion of site
264	rehabilitation at contaminated sites that are being voluntarily
265	cleaned up and that are eligible for a tax credit under this
266	section, the tax credit applicant may claim an additional 25
267	percent of the total site rehabilitation cleanup costs, not to
268	exceed $500,000, in the final year of cleanup as evidenced by
269	the Department of Environmental Protection issuing a "No Further
270	Action" order for that site.
271	(d)  In order to encourage the construction of housing that
272	meets the definition of affordable provided in s. 420.0004(3),
273	an applicant for the tax credit may claim an additional 25
274	percent of the total site rehabilitation costs that are eligible
275	for tax credits under this section, not to exceed $500,000. In
276	order To receive this additional tax credit, the applicant must
277	provide a certification letter from the Florida Housing Finance
278	Corporation, the local housing authority, or other governmental
279	agency that is a party to the use agreement, indicating that the
280	construction on the brownfield site is complete, the brownfield
281	site has received a certificate of occupancy, and the brownfield
282	site has a properly recorded instrument that limits the use of
283	the property to housing that meets the definition of affordable
284	provided in s. 420.0004(3). Notwithstanding the limitation that
285	only one application may shall be submitted each year for each
286	site, an application for the additional credit provided for in
287	this paragraph shall be submitted after as soon as all
288	requirements to obtain the this additional tax credit have been
289	met.
290	(e)  In order Notwithstanding the restrictions in this
291	section that limit tax credit eligibility to costs that are
292	integral to site rehabilitation, to encourage the redevelopment
293	of a brownfield site, as defined in the brownfield site
294	rehabilitation agreement, properties in designated brownfield
295	areas that is are hindered by the presence of solid waste, as
296	defined in s. 403.703, costs related to solid waste removal may
297	also be claimed under this section. A tax credit applicant, or
298	multiple tax credit applicants working jointly to clean up a
299	single brownfield site, may also claim costs to address the
300	solid waste removal as defined in this paragraph, but only those
301	costs to remove, transport, and dispose of solid waste in
302	accordance with department rules. Multiple tax credit applicants
303	shall be granted tax credits in the same proportion as each
304	applicant's contribution to payment of solid waste removal
305	costs. These costs are eligible for a tax credit provided the
306	applicant submits an affidavit stating that, after consultation
307	with appropriate local government officials and the department,
308	to the best of the applicant's knowledge based upon such
309	consultation and available historical records, the brownfield
310	site was never operated as a permitted solid waste disposal area
311	or was never operated landfill or dump site for monetary
312	compensation, and the applicant submits all other documentation
313	and certifications required by this section. In this section,
314	where reference is made to "site rehabilitation," the department
315	shall instead consider whether the costs claimed are for solid
316	waste removal, transportation, and disposal of solid waste. Tax
317	credit applications claiming costs pursuant to this paragraph
318	shall not be subject to the calendar-year limitation and January
319	31 15 annual application deadline, and the department shall
320	accept a one-time application filed subsequent to the completion
321	by the tax credit applicant of the applicable requirements
322	listed in this subsection paragraph. A tax credit applicant may
323	claim 50 percent of the costs for solid waste removal, not to
324	exceed $500,000, after the applicant has determined solid waste
325	removal is completed for the brownfield site. A solid waste
326	removal tax credit application may be filed only once per
327	brownfield site. 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.
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 also 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, if the applicant meets the requirements
350	of this paragraph. In order to receive this additional tax
351	credit, the applicant must provide documentation indicating that
352	the construction of the health care facility or health care
353	provider by the applicant on the brownfield site has received a
354	certificate of occupancy or a license or certificate has been
355	issued for the operation of the health care facility or health
356	care provider.
357	(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.
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 $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 complete applications
379	are received by the Division of Waste Management, subject to the
380	limitations of subsection (14). A tax credit applicant shall
381	submit only one complete application per site for each calendar
382	year's site rehabilitation costs. Incomplete placeholder
383	applications shall not be accepted and will not secure a place
384	in the first-come, first-served application line. To be eligible
385	for a tax credit, the tax 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, as
390	applicable,; and have paid all deductibles pursuant to s.
391	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
394	each calendar year's site rehabilitation costs. A site
395	rehabilitation application must be received by the Division of
396	Waste Management of the Department of Environmental Protection
397	by January 31 of the year after the calendar year for which site
398	rehabilitation costs are being claimed in a tax credit
399	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. A solid waste removal tax credit
403	applicant must submit only a single complete application per
404	brownfield site, as defined in the brownfield site
405	rehabilitation agreement, for solid waste removal costs. A solid
406	waste removal tax credit application 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 as defined in this section during
432	the time period covered by the application. Such documents must
433	include contractual records that describe the scope of work
434	performed, payment requests that describe the goods or services
435	provided, and payment records involving actual costs incurred
436	and paid. Such documentation must be sufficient to demonstrate a
437	link between the contractual records, the payment requests, and
438	the payment records for the time period covered by the
439	application contracts and documentation of contract
440	negotiations, accounts, invoices, sales tickets, or other
441	payment records from purchases, sales, leases, or other
442	transactions involving actual costs incurred for that tax year
443	related to site rehabilitation, as that term is defined in ss.
444	376.301 and 376.79;
445	(c)  Proof that the documentation submitted pursuant to
446	paragraph (b) has been reviewed and verified by an independent
447	certified public accountant in accordance with standards
448	established by the American Institute of Certified Public
449	Accountants. Specifically, a certified public accountant's
450	report must be submitted and the certified public accountant
451	must attest to the accuracy and validity of the costs incurred
452	and paid during the time period covered in the application by
453	conducting an independent review of the data presented by the
454	tax credit applicant. Accuracy and validity of costs incurred
455	and paid shall would be determined after once the level of
456	effort is was certified by an appropriate professional
457	registered in this state in each contributing technical
458	discipline. The certified public accountant's report must would
459	also attest that the costs included in the application form are
460	not duplicated within the application. A copy of the
461	accountant's report shall be submitted to the Department of
462	Environmental Protection in addition to the accountant's
463	certification form in with the tax credit application; and
464	(d)  A certification form stating that site rehabilitation
465	activities associated with the documentation submitted pursuant
466	to paragraph (b) have been conducted under the observation of,
467	and related technical documents have been signed and sealed by,
468	an appropriate professional registered in this state in each
469	contributing technical discipline. The certification form shall
470	be signed and sealed by the appropriate registered professionals
471	stating that the costs incurred were integral, necessary, and
472	required for site rehabilitation, as that term is defined in ss.
473	376.301 and 376.79. If the scope of solid waste removal
474	activities does not require oversight by a registered technical
475	professional in this state, such certification form is not
476	required as part of the tax credit application.
477	(7)  The certified public accountant and appropriate
478	registered professionals submitting forms as part of a tax
479	credit application must verify such forms by completing and
480	signing the appropriate certifications included as part of the
481	application form. Verification shall must be accomplished as
482	provided in s. 92.525(1)(b) and subject to the provisions of s.
483	92.525(3).
484	(8)  The Department of Environmental Protection shall
485	review the tax credit application and any supplemental
486	documentation that the tax credit applicant may submit prior to
487	the annual application deadline, if applicable, for completeness
488	and eligibility, as follows:
489	(a)  To be In order to have the application considered
490	complete, the review must verify for the purpose of verifying
491	that the tax credit applicant has met the appropriate qualifying
492	criteria in subsections (3) and (5), and has submitted a
493	completed application form, and has addressed each of the
494	categories of submittals all required documentation listed in
495	subsection (6). Upon verification that the tax credit applicant
496	has met such completeness these requirements, the tax credit
497	application secures a place in the first-come, first-served
498	application line. If the department determines that an
499	application is incomplete, the department shall notify the
500	applicant in writing and the applicant shall have 30 days after
501	receiving such notification to correct any deficiency. Upon
502	timely correction of any deficiencies, the tax credit
503	application secures a place in the first-come, first-served
504	application line. Tax credit applications may not be altered to
505	claim additional costs during this time.
506	(b)  In order to have costs considered eligible, the review
507	of the complete application shall be performed to verify that
508	the work claimed was integral to site rehabilitation or was for
509	solid waste removal, that the work claimed was performed in the
510	applicable timeframe, and that the costs claimed were properly
511	documented. Upon verification, the department shall issue a
512	written decision granting eligibility for partial tax credits (a
513	tax credit certificate). Complete tax credit applications shall
514	be reviewed for eligible costs in conjunction with in the amount
515	of 50 percent of the total costs claimed, subject to the
516	$500,000 limitation, for the calendar year for which the tax
517	credit application is submitted based on the report of the
518	certified public accountant and the certifications from the
519	appropriate registered technical professionals, as applicable.
520	(9)  On or before May 1 March 31, the Department of
521	Environmental Protection shall inform each eligible tax credit
522	applicant that is subject to the January 31 annual application
523	deadline of the applicant's eligibility status and of the amount
524	of any its partial tax credit due. The department shall and
525	provide each eligible tax credit applicant with a tax credit
526	certificate that must be submitted with its tax return to the
527	Department of Revenue to claim the tax credit or be transferred
528	pursuant to s. 220.1845(1)(g)(h). The May 1 deadline for annual
529	site rehabilitation tax credit certificate awards shall not
530	apply to any tax credit application for which the department has
531	issued a notice of deficiency pursuant to subsection (8). The
532	department shall respond within 90 days after receiving a
533	response from the tax credit applicant to such a notice of
534	deficiency. Credits may will not result in the payment of
535	refunds if total credits exceed the amount of tax owed.
536	(10)  For solid waste removal, new health care facility or
537	health care provider, and affordable housing tax credit
538	applications, the Department of Environmental Protection shall
539	inform the applicant of the department's determination within 90
540	days after the application is deemed complete. Each eligible tax
541	credit applicant shall be informed of the amount of its tax
542	credit and provided with a tax credit certificate that must be
543	submitted with its tax return to the Department of Revenue to
544	claim the tax credit or be transferred pursuant to s.
545	220.1845(1)(g). Credits may not result in the payment of refunds
546	if total credits exceed the amount of tax owed.
547	(11)(10)  If a tax credit applicant does not receive a tax
548	credit allocation due to an exhaustion of the 2 million annual
549	tax credit authorization, such application will then be included
550	in the same first-come, first-served order in the next year's
551	annual tax credit allocation, if any, based on the prior year
552	application.
553	(12)(11)  The Department of Environmental Protection may
554	adopt rules to prescribe the necessary forms required to claim
555	tax credits under this section and to provide the administrative
556	guidelines and procedures required to administer this section.
557	(13)(12)  The Department of Environmental Protection may
558	revoke or modify any written decision granting eligibility for
559	partial tax credits under this section if it is discovered that
560	the tax credit applicant submitted any false statement,
561	representation, or certification in any application, record,
562	report, plan, or other document filed in an attempt to receive
563	partial tax credits under this section. The Department of
564	Environmental Protection shall immediately notify the Department
565	of Revenue of any revoked or modified orders affecting
566	previously granted partial tax credits. Additionally, the tax
567	credit applicant must notify the Department of Revenue of any
568	change in its tax credit 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) and (f) are additive, but at no time
578	shall the total tax credit award for site rehabilitation exceed
579	100 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 and tax
588	credit application preparation and submittal costs.
589	(e)  If the department notifies an applicant pursuant to
590	subsection (9) that any claimed costs are ineligible, those
591	costs may not be allocated and applied to the annual tax credit
592	authorization, and any disputed costs may not delay the
593	application processing or award for subsequent eligible tax
594	credit applicants in the first-come, first-served application
595	line. However, if the department subsequently agrees to award
596	tax credits on any amount that was disputed, the department
597	shall do so based upon the first-come, first-served application
598	line determined by the applicant's original completeness date
599	and time, provided there is any tax credit authorization
600	available. If a tax credit applicant does not receive an award
601	for the disputed costs due to an exhaustion of the annual tax
602	credit authorization, such subsequent tax credit award shall be
603	included in the same first-come, first-served order in the next
604	year's annual tax credit allocation, if any, based upon the
605	applicant's original completeness date and time.
606	Section 4.  Subsections (6), (8), (10), (11), (12), and
607	(17) of section 376.79, Florida Statutes, are amended to read:
608	376.79  Definitions relating to Brownfields Redevelopment
609	Act.--As used in ss. 376.77-376.85, the term:
610	(6)  "Contaminated site" means any contiguous land,
611	sediment, surface water, or groundwater areas that contain
612	contaminants that may be harmful to human health or the
613	environment.
614	(8)  "Engineering controls" means modifications to a site
615	to reduce or eliminate the potential for exposure to chemicals
616	of concern from petroleum products, drycleaning solvents, or
617	other contaminants. Such modifications may include, but are not
618	limited to, physical or hydraulic control measures, capping,
619	point of use treatments, or slurry walls.
620	(10)  "Institutional controls" means the restriction on use
621	of or access to a site to eliminate or minimize exposure to
622	chemicals of concern from petroleum products, drycleaning
623	solvents, or other contaminants. Such restrictions may include,
624	but are not limited to, deed restrictions, restrictive
625	covenants, or conservation easements.
626	(11)  "Local pollution control program" means a local
627	pollution control program that has received delegated authority
628	from the Department of Environmental Protection under ss.
629	376.80(9)(11) and 403.182.
630	(12)  "Natural attenuation" means a verifiable approach to
631	site rehabilitation that which allows natural processes to
632	contain the spread of contamination and reduce the
633	concentrations of contaminants in contaminated groundwater and
634	soil. Natural attenuation processes may include sorption,
635	biodegradation, chemical reactions with subsurface materials,
636	diffusion, dispersion, and volatilization.
637	(17)  "Site rehabilitation" means the assessment of site
638	contamination and the remediation activities that reduce the
639	levels of contaminants at a site through accepted treatment
640	methods to meet the cleanup target levels established for that
641	site. For purposes of sites subject to the Resource Conservation
642	and Recovery Act, as amended, the term includes removal,
643	decontamination, and corrective action of releases of hazardous
644	substances.
645	Section 5.  Section 376.80, Florida Statutes, is amended to
646	read:
647	376.80  Brownfield program administration process.--
648	(1)  A local government with jurisdiction over the
649	brownfield area must notify the department of its decision to
650	designate a brownfield area for rehabilitation for the purposes
651	of ss. 376.77-376.86 376.77-376.85. The notification must
652	include a resolution, by the local government body, to which is
653	attached a map adequate to clearly delineate exactly which
654	parcels are to be included in the brownfield area or
655	alternatively a less-detailed map accompanied by a detailed
656	legal description of the brownfield area. If a property owner
657	within the area proposed for designation by the local government
658	requests in writing to have his or her property removed from the
659	proposed designation, the local government shall grant the
660	request. For municipalities, the governing body shall adopt the
661	resolution in accordance with the procedures outlined in s.
662	166.041, except that the notice for the public hearings on the
663	proposed resolution must be in the form established in s.
664	166.041(3)(c)2. For counties, the governing body shall adopt the
665	resolution in accordance with the procedures outlined in s.
666	125.66, except that the notice for the public hearings on the
667	proposed resolution shall be in the form established in s.
668	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 at
675	least one of the required public hearings shall be conducted as
676	close as reasonably practicable to hearing in the area to be
677	designated to provide an opportunity for public input on the
678	size of the area, the objectives for rehabilitation, job
679	opportunities and economic developments anticipated,
680	neighborhood residents' considerations, and other relevant local
681	concerns. Notice of the public hearing must be made in a
682	newspaper of general circulation in the area and the notice must
683	be at least 16 square inches in size, must be in ethnic
684	newspapers or local community bulletins, must be posted in the
685	affected area, and must be announced at a scheduled meeting of
686	the local governing body before the actual public hearing. In
687	determining the areas to be designated, the local government
688	must consider:
689	1.  Whether the brownfield area warrants economic
690	development and has a reasonable potential for such activities;
691	2.  Whether the proposed area to be designated represents a
692	reasonably focused approach and is not overly large in
693	geographic coverage;
694	3.  Whether the area has potential to interest the private
695	sector in participating in rehabilitation; and
696	4.  Whether the area contains sites or parts of sites
697	suitable for limited recreational open space, cultural, or
698	historical preservation purposes.
699	(b)  A local government shall designate a brownfield area
700	under the provisions of this act provided that:
701	1.  A person who owns or controls a potential brownfield
702	site is requesting the designation and has agreed to
703	rehabilitate and redevelop the brownfield site;
704	2.  The rehabilitation and redevelopment of the proposed
705	brownfield site will result in economic productivity of the
706	area, along with the creation of at least 5 new permanent jobs
707	at the brownfield site that which are full-time equivalent
708	positions not associated with the implementation of the
709	brownfield site rehabilitation agreement and that which are not
710	associated with redevelopment project demolition or construction
711	activities pursuant to the redevelopment of the proposed
712	brownfield site or area agreement required under paragraph
713	(5)(i). However, the job creation requirement shall not apply to
714	the rehabilitation and redevelopment of a brownfield site that
715	will provide affordable housing as defined in s. 420.0004(3) or
716	the creation of recreational areas, conservation areas, or
717	parks;
718	3.  The redevelopment of the proposed brownfield site is
719	consistent with the local comprehensive plan and is a
720	permittable use under the applicable local land development
721	regulations;
722	4.  Notice of the proposed rehabilitation of the brownfield
723	area has been provided to neighbors and nearby residents of the
724	proposed area to be designated, and the person proposing the
725	area for designation has afforded to those receiving notice the
726	opportunity for comments and suggestions about rehabilitation.
727	Notice pursuant to this subparagraph subsection must be made in
728	a newspaper of general circulation in the area, at least 16
729	square inches in size, and the notice must be posted in the
730	affected area; and
731	5.  The person proposing the area for designation has
732	provided reasonable assurance that he or she has sufficient
733	financial resources to implement and complete the rehabilitation
734	agreement and redevelopment of the brownfield site plan.
735	(c)  The designation of a brownfield area and the
736	identification of a person responsible for brownfield site
737	rehabilitation simply entitles the identified person to
738	negotiate a brownfield site rehabilitation agreement with the
739	department or approved local pollution control program.
740	(3)  When there is a person responsible for brownfield site
741	rehabilitation, the local government must notify the department
742	of the identity of that person. If the agency or person who will
743	be responsible for the coordination changes during the approval
744	process specified in subsections (4), (5), and (6), the
745	department or the affected approved local pollution control
746	program must notify the affected local government when the
747	change occurs.
748	(4)  Local governments or persons responsible for
749	rehabilitation and redevelopment of brownfield areas must
750	establish an advisory committee or use an existing advisory
751	committee that has formally expressed its intent to address
752	redevelopment of the specific brownfield area for the purpose of
753	improving public participation and receiving public comments on
754	rehabilitation and redevelopment of the brownfield area, future
755	land use, local employment opportunities, community safety, and
756	environmental justice. Such advisory committee should include
757	residents within or adjacent to the brownfield area, businesses
758	operating within the brownfield area, and others deemed
759	appropriate. The person responsible for brownfield site
760	rehabilitation must notify the advisory committee of the intent
761	to rehabilitate and redevelop the site before executing the
762	brownfield site rehabilitation agreement, and provide the
763	committee with a copy of the draft plan for site rehabilitation
764	which addresses elements required by subsection (5). This
765	includes disclosing potential reuse of the property as well as
766	site rehabilitation activities, if any, to be performed. The
767	advisory committee shall review any the proposed redevelopment
768	agreements prepared agreement required pursuant to paragraph
769	(5)(i) and provide comments, if appropriate, to the board of the
770	local government with jurisdiction over the brownfield area. The
771	advisory committee must receive a copy of the executed
772	brownfield site rehabilitation agreement. When the person
773	responsible for brownfield site rehabilitation submits a site
774	assessment report or the technical document containing the
775	proposed course of action following site assessment to the
776	department or the local pollution control program for review,
777	the person responsible for brownfield site rehabilitation must
778	hold a meeting or attend a regularly scheduled meeting to inform
779	the advisory committee of the findings and recommendations in
780	the site assessment report or the technical document containing
781	the proposed course of action following site assessment.
782	(5)  The person responsible for brownfield site
783	rehabilitation must enter into a brownfield site rehabilitation
784	agreement with the department or an approved local pollution
785	control program if actual contamination exists at the brownfield
786	site. The brownfield site rehabilitation agreement must include:
787	(a)  A brownfield site rehabilitation schedule, including
788	milestones for completion of site rehabilitation tasks and
789	submittal of technical reports and rehabilitation plans as
790	agreed upon by the parties to the agreement.;
791	(b)  A commitment to conduct site rehabilitation activities
792	under the observation of professional engineers or geologists
793	who are registered in accordance with the requirements of
794	chapter 471 or chapter 492, respectively. Submittals provided by
795	the person responsible for brownfield site rehabilitation must
796	be signed and sealed by a professional engineer registered under
797	chapter 471, or a professional geologist registered under
798	chapter 492, certifying that the submittal and associated work
799	comply with the law and rules of the department and those
800	governing the profession. In addition, upon completion of the
801	approved remedial action, the department shall require a
802	professional engineer registered under chapter 471 or a
803	professional geologist registered under chapter 492 to certify
804	that the corrective action was, to the best of his or her
805	knowledge, completed in substantial conformance with the plans
806	and specifications approved by the department.;
807	(c)  A commitment to conduct site rehabilitation in
808	accordance with department quality assurance rules.;
809	(d)  A commitment to conduct site rehabilitation consistent
810	with state, federal, and local laws and consistent with the
811	brownfield site contamination cleanup criteria in s. 376.81,
812	including any applicable requirements for risk-based corrective
813	action.;
814	(e)  Timeframes for the department's review of technical
815	reports and plans submitted in accordance with the agreement.
816	The department shall make every effort to adhere to established
817	agency goals for reasonable timeframes for review of such
818	documents.;
819	(f)  A commitment to secure site access for the department
820	or approved local pollution control program to all brownfield
821	sites within the eligible brownfield area for activities
822	associated with site rehabilitation.;
823	(g)  Other provisions that the person responsible for
824	brownfield site rehabilitation and the department agree upon,
825	that are consistent with ss. 376.77-376.86 376.77-376.85, and
826	that will improve or enhance the brownfield site rehabilitation
827	process.;
828	(h)  A commitment to consider appropriate pollution
829	prevention measures and to implement those that the person
830	responsible for brownfield site rehabilitation determines are
831	reasonable and cost-effective, taking into account the ultimate
832	use or uses of the brownfield site. Such measures may include
833	improved inventory or production controls and procedures for
834	preventing loss, spills, and leaks of hazardous waste and
835	materials, and include goals for the reduction of releases of
836	toxic materials.; and
837	(i)  Certification that an agreement exists between the
838	person responsible for brownfield site rehabilitation has
839	consulted with and the local government with jurisdiction over
840	the brownfield area about the proposed redevelopment of the
841	brownfield site, that the local government is in agreement with
842	or approves the proposed redevelopment, and that the proposed
843	redevelopment complies with applicable laws and requirements for
844	such redevelopment. Certification shall be accomplished by
845	referencing or providing a legally recorded or officially
846	approved land use or site plan, a development order or approval,
847	a building permit, or a similar official document issued by the
848	local government that reflects the local government's approval
849	of proposed redevelopment of the brownfield site; providing a
850	copy of the local government resolution designating the
851	brownfield area that contains the proposed redevelopment of the
852	brownfield site; or providing a letter from the local government
853	that describes the proposed redevelopment of the brownfield site
854	and expresses the local government's agreement with or approval
855	of the proposed redevelopment. Such agreement shall contain
856	terms for the redevelopment of the brownfield area.
857	(6)  Any contractor performing site rehabilitation program
858	tasks must demonstrate to the department that the contractor:
859	(a)  Meets all certification and license requirements
860	imposed by law; and
861	(b)  Will conduct Has obtained the necessary approvals for
862	conducting sample collection and analyses pursuant to department
863	rules.
864	(7)  The contractor who is performing the majority of the
865	site rehabilitation program tasks pursuant to a brownfield site
866	rehabilitation agreement or supervising the performance of such
867	tasks by licensed subcontractors in accordance with the
868	provisions of s. 489.113(9) must certify to the department that
869	the contractor:
870	(a)  Complies with applicable OSHA regulations.
871	(b)  Maintains workers' compensation insurance for all
872	employees as required by the Florida Workers' Compensation Law.
873	(c)  Maintains comprehensive general liability coverage
874	with limits of not less than $1 million per occurrence and $2
875	million general aggregate for bodily injury and property damage
876	and comprehensive automobile liability coverage with limits of
877	not less than $1 million combined single limit. The contractor
878	shall also maintain pollution liability coverage with limits of
879	not less than $3 million aggregate for personal injury or death,
880	$1 million per occurrence for personal injury or death, and $1
881	million per occurrence for property damage. The contractor's
882	certificate of insurance shall name the state as an additional
883	insured party.
884	(d)  Maintains professional liability insurance of at least
885	$1 million per claim and $1 million annual aggregate.
886	(8)  Any professional engineer or geologist providing
887	professional services relating to site rehabilitation program
888	tasks must carry professional liability insurance with a
889	coverage limit of at least $1 million.
890	(7)(9)  During the cleanup process, if the department or
891	local program fails to complete review of a technical document
892	within the timeframe specified in the brownfield site
893	rehabilitation agreement, the person responsible for brownfield
894	site rehabilitation may proceed to the next site rehabilitation
895	task. However, the person responsible for brownfield site
896	rehabilitation does so at its own risk and may be required by
897	the department or local program to complete additional work on a
898	previous task. Exceptions to this subsection include requests
899	for "no further action," "monitoring only proposals," and
900	feasibility studies, which must be approved prior to
901	implementation.
902	(8)(10)  If the person responsible for brownfield site
903	rehabilitation fails to comply with the brownfield site
904	rehabilitation agreement, the department shall allow 90 days for
905	the person responsible for brownfield site rehabilitation to
906	return to compliance with the provision at issue or to negotiate
907	a modification to the brownfield site rehabilitation agreement
908	with the department for good cause shown. If an imminent hazard
909	exists, the 90-day grace period shall not apply. If the project
910	is not returned to compliance with the brownfield site
911	rehabilitation agreement and a modification cannot be
912	negotiated, the immunity provisions of s. 376.82 are revoked.
913	(9)(11)  The department is specifically authorized and
914	encouraged to enter into delegation agreements with local
915	pollution control programs approved under s. 403.182 to
916	administer the brownfield program within their jurisdictions,
917	thereby maximizing the integration of this process with the
918	other local development processes needed to facilitate
919	redevelopment of a brownfield area. When determining whether a
920	delegation pursuant to this subsection of all or part of the
921	brownfield program to a local pollution control program is
922	appropriate, the department shall consider the following. The
923	local pollution control program must:
924	(a)  Have and maintain the administrative organization,
925	staff, and financial and other resources to effectively and
926	efficiently implement and enforce the statutory requirements of
927	the delegated brownfield program; and
928	(b)  Provide for the enforcement of the requirements of the
929	delegated brownfield program, and for notice and a right to
930	challenge governmental action, by appropriate administrative and
931	judicial process, which shall be specified in the delegation.
932
933	The local pollution control program shall not be delegated
934	authority to take action on or to make decisions regarding any
935	brownfield site on land owned by the local government. Any
936	delegation agreement entered into pursuant to this subsection
937	shall contain such terms and conditions necessary to ensure the
938	effective and efficient administration and enforcement of the
939	statutory requirements of the brownfield program as established
940	by the act and the relevant rules and other criteria of the
941	department.
942	(10)(12)  Local governments are encouraged to use the full
943	range of economic and tax incentives available to facilitate and
944	promote the rehabilitation of brownfield areas, to help
945	eliminate the public health and environmental hazards, and to
946	promote the creation of jobs and economic development in these
947	previously run-down, blighted, and underutilized areas.
948	(11)(a)  The Legislature finds and declares that:
949	1.  Brownfield site rehabilitation and redevelopment can
950	improve the overall health of a community and the quality of
951	life for communities, including for individuals living in such
952	communities.
953	2.  The community health benefits of brownfield site
954	rehabilitation and redevelopment should be better measured in
955	order to achieve the legislative intent as expressed in s.
956	376.78.
957	3.  There is a need in this state to define and better
958	measure the community health benefits of brownfield site
959	rehabilitation and redevelopment.
960	4.  Funding sources should be established to support
961	efforts by the state and local governments, in collaboration
962	with local health departments, community health providers, and
963	nonprofit organizations, to evaluate the community health
964	benefits of brownfield site rehabilitation and redevelopment.
965	(b)  Local governments may and are encouraged to evaluate
966	the community health benefits and effects of brownfield site
967	rehabilitation and redevelopment in connection with brownfield
968	areas located within their jurisdictions. Factors that may be
969	evaluated and monitored before and after brownfield site
970	rehabilitation and redevelopment include, but are not limited
971	to:
972	1.  Health status, disease distribution, and quality of
973	life measures regarding populations living in or around
974	brownfield sites that have been rehabilitated and redeveloped.
975	2.  Access to primary and other health care or health
976	services for persons living in or around brownfield sites that
977	have been rehabilitated and redeveloped.
978	3.  Any new or increased access to open, green, park, or
979	other recreational spaces that provide recreational
980	opportunities for individuals living in or around brownfield
981	sites that have been rehabilitated and redeveloped.
982	4.  Other factors described in rules adopted by the
983	Department of Environmental Protection or the Department of
984	Health, as applicable.
985	(c)  The Department of Health may and is encouraged to
986	assist local governments, in collaboration with local health
987	departments, community health providers, and nonprofit
988	organizations, in evaluating the community health benefits of
989	brownfield site rehabilitation and redevelopment.
990	Section 6.  Paragraphs (d) and (f) of subsection (2) of
991	section 376.82, Florida Statutes, are amended to read:
992	376.82  Eligibility criteria and liability protection.--
993	(2)  LIABILITY PROTECTION.--
994	(d)  The liability protection provided under this section
995	shall become effective upon execution of a brownfield site
996	rehabilitation agreement and shall remain effective, provided
997	the person responsible for brownfield site rehabilitation
998	complies with the terms of the site rehabilitation agreement.
999	Any statute of limitations that would bar the department from
1000	pursuing relief in accordance with its existing authority is
1001	tolled from the time the agreement is executed until site
1002	rehabilitation is completed or immunity is revoked pursuant to
1003	s. 376.80(8)(10).
1004	(f)  Compliance with the agreement referenced in s.
1005	376.80(5)(i) must be evidenced as set forth in that paragraph by
1006	a finding by the local government with jurisdiction over the
1007	brownfield area that the terms of the agreement have been met.
1008	Section 7.  Subsections (1) and (2) of section 376.86,
1009	Florida Statutes, are amended to read:
1010	376.86  Brownfield Areas Loan Guarantee Program.--
1011	(1)  The Brownfield Areas Loan Guarantee Council is created
1012	to review and approve or deny, by a majority vote of its
1013	membership, the situations and circumstances for participation
1014	in partnerships by agreements with local governments, financial
1015	institutions, and others associated with the redevelopment of
1016	brownfield areas pursuant to the Brownfields Redevelopment Act
1017	for a limited state guaranty of up to 5 years of loan guarantees
1018	or loan loss reserves issued pursuant to law. The limited state
1019	loan guaranty applies only to 50 percent of the primary lenders
1020	loans for redevelopment projects in brownfield areas. If the
1021	redevelopment project is for affordable housing, as defined in
1022	s. 420.0004(3), in a brownfield area, the limited state loan
1023	guaranty applies to 75 percent of the primary lender's loan. If
1024	the redevelopment project includes the construction and
1025	operation of a new health care facility or a health care
1026	provider, as defined in s. 408.032, s. 408.07, or s. 408.7056,
1027	on a brownfield site and the applicant has obtained
1028	documentation in accordance with s. 376.30781 indicating that
1029	the construction of the health care facility or health care
1030	provider by the applicant on the brownfield site has received a
1031	certificate of occupancy or a license or certificate has been
1032	issued for the operation of the health care facility or health
1033	care provider, the limited state loan guaranty applies to 75
1034	percent of the primary lender's loan. A limited state guaranty
1035	of private loans or a loan loss reserve is authorized for
1036	lenders licensed to operate in the state upon a determination by
1037	the council that such an arrangement would be in the public
1038	interest and the likelihood of the success of the loan is great.
1039	(2)  The council shall consist of the secretary of the
1040	Department of Environmental Protection or the secretary's
1041	designee, the secretary of the Department of Community Affairs
1042	or the secretary's designee, the State Surgeon General or the
1043	State Surgeon General's designee, the Executive Director of the
1044	State Board of Administration or the executive director's
1045	designee, the Executive Director of the Florida Housing Finance
1046	Corporation or the executive director's designee, and the
1047	Director of the Governor's Office of Tourism, Trade, and
1048	Economic Development or the director's designee. The chairperson
1049	of the council shall be the Director of the Governor's Office of
1050	Tourism, Trade, and Economic Development. Staff services for
1051	activities of the council shall be provided as needed by the
1052	member agencies.
1053	Section 8.  This act shall take effect upon becoming a law
1054	and shall operate retroactively to January 1, 2008.

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