Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 554
       
       
       
       
       
       
                                Barcode 573872                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/14/2013           .                                
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       The Committee on Environmental Preservation and Conservation
       (Altman) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 376.78, Florida
    6  Statutes, is amended to read:
    7         376.78 Legislative intent.—The Legislature finds and
    8  declares the following:
    9         (8) The existence of brownfields within a community may
   10  contribute to, or may be a symptom of, overall community
   11  decline, including issues of human disease and illness, crime,
   12  educational and employment opportunities, and infrastructure
   13  decay. The environment is an important element of quality of
   14  life in any community, along with economic opportunity,
   15  educational achievement, access to health care, housing quality
   16  and availability, provision of governmental services, and other
   17  socioeconomic factors. Brownfields redevelopment, properly done,
   18  can be a significant element in community revitalization,
   19  especially within community redevelopment areas, enterprise
   20  zones, empowerment zones, closed military bases, or designated
   21  brownfield pilot project areas.
   22         Section 2. Subsections (1) and (2) of section 376.80,
   23  Florida Statutes, are amended, and subsection (12) is added to
   24  that section, to read:
   25         376.80 Brownfield program administration process.—
   26         (1)(a) The local government with jurisdiction over a
   27  proposed brownfield area shall designate such area pursuant to
   28  this section.
   29         (b) For a brownfield area designation proposed by:
   30         1. The jurisdictional local government, except as provided
   31  in paragraph (2)(c), the designation criteria under paragraph
   32  (2)(a) apply.
   33         2. Any person, other than a governmental entity, including,
   34  but not limited to, individuals, corporations, partnerships,
   35  limited liability companies, community-based organizations, or
   36  not-for-profit corporations, the designation criteria under
   37  paragraph (2)(b) apply.
   38         (c) The following provisions apply to all proposed
   39  brownfield area designations:
   40         1. A local government with jurisdiction over the brownfield
   41  area must notify the department of its decision to designate a
   42  brownfield area for rehabilitation for the purposes of ss.
   43  376.77-376.86. The notification must include a resolution
   44  adopted, by the local government body. The local government
   45  shall notify the department of the designation within 30 days
   46  after adoption of the resolution.
   47         2. The brownfield area designation must be carried out by a
   48  resolution adopted by the jurisdictional local government, to
   49  which includes is attached a map adequate to clearly delineate
   50  exactly which parcels are to be included in the brownfield area
   51  or alternatively a less-detailed map accompanied by a detailed
   52  legal description of the brownfield area. The resolution shall
   53  be adopted pursuant to the procedures and requirements of the
   54  local government in effect at the time of the proposed
   55  designation, except as otherwise provided in this section.
   56         3. If a property owner within the area proposed for
   57  designation by the local government requests in writing to have
   58  his or her property removed from the proposed designation, the
   59  local government shall grant the request.
   60         4. For municipalities, the governing body shall adopt the
   61  resolution in accordance with the procedures outlined in s.
   62  166.041, except that the notice for the public hearings on the
   63  proposed resolution must be in the form established in s.
   64  166.041(3)(c)2. For counties, the governing body shall adopt the
   65  resolution in accordance with the procedures outlined in s.
   66  125.66, except that the notice for the public hearings on the
   67  proposed resolution shall be in the form established in s.
   68  125.66(4)(b)2.
   69         (d) Compliance with the following provisions is required
   70  before designation of a proposed brownfield area under paragraph
   71  (2)(a) or paragraph (2)(b):
   72         1. At least one of the required public hearings shall be
   73  conducted as closely as reasonably practicable to the area to be
   74  designated to provide an opportunity for public input on the
   75  size of the area, the objectives for rehabilitation, job
   76  opportunities and economic developments anticipated,
   77  neighborhood residents’ considerations, and other relevant local
   78  concerns.
   79         2. Notice of the public hearing must be made in a newspaper
   80  of general circulation in the area, and the notice must be at
   81  least 16 square inches in size, must be in ethnic newspapers or
   82  local community bulletins, must be posted in the affected area,
   83  and must be announced at a scheduled meeting of the local
   84  governing body before the actual public hearing.
   85         (2)(a) If a local government proposes to designate a
   86  brownfield area that is outside a community redevelopment area
   87  areas, enterprise zone zones, empowerment zone zones, closed
   88  military base bases, or designated brownfield pilot project area
   89  areas, the local government shall provide notice, adopt the
   90  resolution, and conduct the public hearings pursuant to in
   91  accordance with the requirements of subsection (1), except at
   92  least one of the required public hearings shall be conducted as
   93  close as reasonably practicable to the area to be designated to
   94  provide an opportunity for public input on the size of the area,
   95  the objectives for rehabilitation, job opportunities and
   96  economic developments anticipated, neighborhood residents’
   97  considerations, and other relevant local concerns. Notice of the
   98  public hearing must be made in a newspaper of general
   99  circulation in the area and the notice must be at least 16
  100  square inches in size, must be in ethnic newspapers or local
  101  community bulletins, must be posted in the affected area, and
  102  must be announced at a scheduled meeting of the local governing
  103  body before the actual public hearing. At a public hearing to
  104  designate the proposed brownfield area In determining the areas
  105  to be designated, the local government must consider:
  106         1. Whether the brownfield area warrants economic
  107  development and has a reasonable potential for such activities;
  108         2. Whether the proposed area to be designated represents a
  109  reasonably focused approach and is not overly large in
  110  geographic coverage;
  111         3. Whether the area has potential to interest the private
  112  sector in participating in rehabilitation; and
  113         4. Whether the area contains sites or parts of sites
  114  suitable for limited recreational open space, cultural, or
  115  historical preservation purposes.
  116         (b) For designation of a brownfield area that is proposed
  117  by a person other than the local government, the a local
  118  government with jurisdiction over the proposed brownfield area
  119  shall adopt a resolution to designate the a brownfield area
  120  pursuant to subsection (1), if, at the public hearing to adopt
  121  the resolution, the person establishes under the provisions of
  122  this act provided that:
  123         1. A person who owns or controls a potential brownfield
  124  site is requesting the designation and has agreed to
  125  rehabilitate and redevelop the brownfield site;
  126         2. The rehabilitation and redevelopment of the proposed
  127  brownfield site will result in economic productivity of the
  128  area, along with the creation of at least 5 new permanent jobs
  129  at the brownfield site that are full-time equivalent positions
  130  not associated with the implementation of the brownfield site
  131  rehabilitation agreement and that are not associated with
  132  redevelopment project demolition or construction activities
  133  pursuant to the redevelopment of the proposed brownfield site or
  134  area. However, the job creation requirement does shall not apply
  135  to the rehabilitation and redevelopment of a brownfield site
  136  that will provide affordable housing as defined in s. 420.0004
  137  or the creation of recreational areas, conservation areas, or
  138  parks;
  139         3. The redevelopment of the proposed brownfield site is
  140  consistent with the local comprehensive plan and is a
  141  permittable use under the applicable local land development
  142  regulations;
  143         4. Notice of the proposed rehabilitation of the brownfield
  144  area has been provided to neighbors and nearby residents of the
  145  proposed area to be designated pursuant to subsection (1), and
  146  the person proposing the area for designation has afforded to
  147  those receiving notice the opportunity for comments and
  148  suggestions about rehabilitation. Notice pursuant to this
  149  subparagraph must be made in a newspaper of general circulation
  150  in the area, at least 16 square inches in size, and the notice
  151  must be posted in the affected area; and
  152         5. The person proposing the area for designation has
  153  provided reasonable assurance that he or she has sufficient
  154  financial resources to implement and complete the rehabilitation
  155  agreement and redevelopment of the brownfield site.
  156         (c) Paragraphs (a) and (b) do not apply to a proposed
  157  brownfield area if the local government proposes to designate
  158  the brownfield area inside a community redevelopment area,
  159  enterprise zone, empowerment zone, closed military base, or
  160  designated brownfield pilot project area and the local
  161  government complies with paragraph (1)(c).
  162         (d)(c) The designation of a brownfield area and the
  163  identification of a person responsible for brownfield site
  164  rehabilitation simply entitles the identified person to
  165  negotiate a brownfield site rehabilitation agreement with the
  166  department or approved local pollution control program.
  167         (12) A local government that designates a brownfield area
  168  pursuant to this section is not required to use the term
  169  “brownfield area” within the name of the brownfield area
  170  proposed for designation by the local government.
  171         Section 3. Paragraphs (a) and (b) of subsection (2) of
  172  section 376.82, Florida Statutes, are amended to read:
  173         376.82 Eligibility criteria and liability protection.—
  174         (2) LIABILITY PROTECTION.—
  175         (a) Any person, including his or her successors and
  176  assigns, who executes and implements to successful completion a
  177  brownfield site rehabilitation agreement, shall be relieved of:
  178         1. Further liability for remediation of the contaminated
  179  site or sites to the state and to third parties. and of
  180         2. Liability in contribution to any other party who has or
  181  may incur cleanup liability for the contaminated site or sites.
  182         3. Liability for claims of any person for property damages,
  183  including, but not limited to, diminished value of real property
  184  or improvements; lost or delayed rent, sale, or use of real
  185  property or improvements; or stigma to real property or
  186  improvements caused by contamination addressed by a brownfield
  187  site rehabilitation agreement. Notwithstanding any other
  188  provision of this chapter, this subparagraph applies to causes
  189  of action accruing on or after July 1, 2013.
  190         (b) This section does not limit shall not be construed as a
  191  limitation on the right of a third party other than the state to
  192  pursue an action for damages to persons for bodily harm property
  193  or person; however, such an action may not compel site
  194  rehabilitation in excess of that required in the approved
  195  brownfield site rehabilitation agreement or otherwise required
  196  by the department or approved local pollution control program.
  197  
  198  ================= T I T L E  A M E N D M E N T ================
  199         And the title is amended as follows:
  200         Delete everything before the enacting clause
  201  and insert:
  202                        A bill to be entitled                      
  203         An act relating to brownfields; amending s. 376.78,
  204         F.S.; revising legislative intent with regard to
  205         community revitalization in certain areas; amending s.
  206         376.80, F.S.; revising procedures for designation of
  207         brownfield areas by local governments; authorizing
  208         local governments to use a term other than “brownfield
  209         area” when naming such areas; amending s. 376.82,
  210         F.S.; providing relief of liability for property
  211         damages for entities that execute and implement
  212         certain brownfield site rehabilitation agreements;
  213         providing for applicability; providing an effective
  214         date.