Florida Senate - 2013 CS for SB 554
By the Committee on Environmental Preservation and Conservation;
and Senator Altman
592-02410-13 2013554c1
1 A bill to be entitled
2 An act relating to brownfields; amending s. 376.78,
3 F.S.; revising legislative intent with regard to
4 community revitalization in certain areas; amending s.
5 376.80, F.S.; revising procedures for designation of
6 brownfield areas by local governments; providing
7 procedures for adoption of a resolution; providing
8 requirements for notice and public hearings;
9 authorizing local governments to use a term other than
10 “brownfield area” when naming such areas; amending s.
11 376.82, F.S.; providing relief of liability for
12 property damages for entities that execute and
13 implement certain brownfield site rehabilitation
14 agreements; providing for applicability; providing an
15 effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Subsection (8) of section 376.78, Florida
20 Statutes, is amended to read:
21 376.78 Legislative intent.—The Legislature finds and
22 declares the following:
23 (8) The existence of brownfields within a community may
24 contribute to, or may be a symptom of, overall community
25 decline, including issues of human disease and illness, crime,
26 educational and employment opportunities, and infrastructure
27 decay. The environment is an important element of quality of
28 life in any community, along with economic opportunity,
29 educational achievement, access to health care, housing quality
30 and availability, provision of governmental services, and other
31 socioeconomic factors. Brownfields redevelopment, properly done,
32 can be a significant element in community revitalization,
33 especially within community redevelopment areas, enterprise
34 zones, empowerment zones, closed military bases, or designated
35 brownfield pilot project areas.
36 Section 2. Subsections (1) and (2) of section 376.80,
37 Florida Statutes, are amended, and subsection (12) is added to
38 that section, to read:
39 376.80 Brownfield program administration process.—
40 (1) The following general procedures apply to brownfield
41 designations:
42 (a) The local government with jurisdiction over a proposed
43 brownfield area shall designate such area pursuant to this
44 section.
45 (b) For a brownfield area designation proposed by:
46 1. The jurisdictional local government, the designation
47 criteria under paragraph (2)(a) apply, except if the local
48 government proposes to designate as a brownfield area a
49 specified redevelopment area as provided in paragraph (2)(b).
50 2. Any person, other than a governmental entity, including,
51 but not limited to, individuals, corporations, partnerships,
52 limited liability companies, community-based organizations, or
53 not-for-profit corporations, the designation criteria under
54 paragraph (2)(c) apply.
55 (c) Except as otherwise provided, the following provisions
56 apply to all proposed brownfield area designations:
57 1. Notification to department following adoption.—A local
58 government with jurisdiction over the brownfield area must
59 notify the department of its decision to designate a brownfield
60 area for rehabilitation for the purposes of ss. 376.77-376.86.
61 The notification must include a resolution adopted, by the local
62 government body. The local government shall notify the
63 department of the designation within 30 days after adoption of
64 the resolution.
65 2. Resolution adoption.—The brownfield area designation
66 must be carried out by a resolution adopted by the
67 jurisdictional local government, to which includes is attached a
68 map adequate to clearly delineate exactly which parcels are to
69 be included in the brownfield area or alternatively a less
70 detailed map accompanied by a detailed legal description of the
71 brownfield area. The resolution shall be adopted pursuant to the
72 procedures and requirements of the local government in effect at
73 the time of the proposed designation, except as otherwise
74 provided in this section.
75 3. Right to be removed from proposed brownfield area.—If a
76 property owner within the area proposed for designation by the
77 local government requests in writing to have his or her property
78 removed from the proposed designation, the local government
79 shall grant the request. For municipalities, the governing body
80 shall adopt the resolution in accordance with the procedures
81 outlined in s. 166.041, except that the notice for the public
82 hearings on the proposed resolution must be in the form
83 established in s. 166.041(3)(c)2. For counties, the governing
84 body shall adopt the resolution in accordance with the
85 procedures outlined in s. 125.66, except that the notice for the
86 public hearings on the proposed resolution shall be in the form
87 established in s. 125.66(4)(b)2.
88 4. Notice and public hearing requirements.—Compliance with
89 the following provisions is required before designation of a
90 proposed brownfield area under paragraph (2)(a) or paragraph
91 (2)(c):
92 a. At least one of the required public hearings shall be
93 conducted as closely as is reasonably practicable to the area to
94 be designated to provide an opportunity for public input on the
95 size of the area, the objectives for rehabilitation, job
96 opportunities and economic developments anticipated,
97 neighborhood residents’ considerations, and other relevant local
98 concerns.
99 b. Notice of the public hearing must be made in a newspaper
100 of general circulation in the area, and the notice must be at
101 least 16 square inches in size, must be in ethnic newspapers or
102 local community bulletins, must be posted in the affected area,
103 and must be announced at a scheduled meeting of the local
104 governing body before the actual public hearing.
105 (2)(a) Local government-proposed brownfield area
106 designation outside specified redevelopment areas.—If a local
107 government proposes to designate a brownfield area that is
108 outside a community redevelopment area areas, enterprise zone
109 zones, empowerment zone zones, closed military base bases, or
110 designated brownfield pilot project area areas, the local
111 government shall provide notice, adopt the resolution, and
112 conduct the public hearings pursuant to paragraph in accordance
113 with the requirements of subsection (1)(c). At a public hearing
114 to designate the proposed brownfield area, except at least one
115 of the required public hearings shall be conducted as close as
116 reasonably practicable to the area to be designated to provide
117 an opportunity for public input on the size of the area, the
118 objectives for rehabilitation, job opportunities and economic
119 developments anticipated, neighborhood residents’
120 considerations, and other relevant local concerns. Notice of the
121 public hearing must be made in a newspaper of general
122 circulation in the area and the notice must be at least 16
123 square inches in size, must be in ethnic newspapers or local
124 community bulletins, must be posted in the affected area, and
125 must be announced at a scheduled meeting of the local governing
126 body before the actual public hearing. In determining the areas
127 to be designated, the local government must consider:
128 1. Whether the brownfield area warrants economic
129 development and has a reasonable potential for such activities;
130 2. Whether the proposed area to be designated represents a
131 reasonably focused approach and is not overly large in
132 geographic coverage;
133 3. Whether the area has potential to interest the private
134 sector in participating in rehabilitation; and
135 4. Whether the area contains sites or parts of sites
136 suitable for limited recreational open space, cultural, or
137 historical preservation purposes.
138 (b) Local government-proposed brownfield area designation
139 within specified redevelopment areas.—Paragraph (a) does not
140 apply to a proposed brownfield area if the local government
141 proposes to designate the brownfield area inside a community
142 redevelopment area, enterprise zone, empowerment zone, closed
143 military base, or designated brownfield pilot project area and
144 the local government complies with paragraph (1)(c).
145 (c)(b) Brownfield area designation proposed by persons
146 other than a governmental entity.—For designation of a
147 brownfield area that is proposed by a person other than the
148 local government, the local government with jurisdiction over
149 the proposed brownfield area shall adopt a resolution to
150 designate the a brownfield area pursuant to subsection (1) if,
151 at the public hearing to adopt the resolution, the person
152 establishes all of the following under the provisions of this
153 act provided that:
154 1. A person who owns or controls a potential brownfield
155 site is requesting the designation and has agreed to
156 rehabilitate and redevelop the brownfield site.;
157 2. The rehabilitation and redevelopment of the proposed
158 brownfield site will result in economic productivity of the
159 area, along with the creation of at least 5 new permanent jobs
160 at the brownfield site that are full-time equivalent positions
161 not associated with the implementation of the brownfield site
162 rehabilitation agreement and that are not associated with
163 redevelopment project demolition or construction activities
164 pursuant to the redevelopment of the proposed brownfield site or
165 area. However, the job creation requirement does shall not apply
166 to the rehabilitation and redevelopment of a brownfield site
167 that will provide affordable housing as defined in s. 420.0004
168 or the creation of recreational areas, conservation areas, or
169 parks.;
170 3. The redevelopment of the proposed brownfield site is
171 consistent with the local comprehensive plan and is a
172 permittable use under the applicable local land development
173 regulations.;
174 4. Notice of the proposed rehabilitation of the brownfield
175 area has been provided to neighbors and nearby residents of the
176 proposed area to be designated pursuant to paragraph (1)(c), and
177 the person proposing the area for designation has afforded to
178 those receiving notice the opportunity for comments and
179 suggestions about rehabilitation. Notice pursuant to this
180 subparagraph must be made in a newspaper of general circulation
181 in the area, at least 16 square inches in size, and the notice
182 must be posted in the affected area.; and
183 5. The person proposing the area for designation has
184 provided reasonable assurance that he or she has sufficient
185 financial resources to implement and complete the rehabilitation
186 agreement and redevelopment of the brownfield site.
187 (d)(c) Negotiation of brownfield site rehabilitation
188 agreement.—The designation of a brownfield area and the
189 identification of a person responsible for brownfield site
190 rehabilitation simply entitles the identified person to
191 negotiate a brownfield site rehabilitation agreement with the
192 department or approved local pollution control program.
193 (12) A local government that designates a brownfield area
194 pursuant to this section is not required to use the term
195 “brownfield area” within the name of the brownfield area
196 proposed for designation by the local government.
197 Section 3. Paragraphs (a) and (b) of subsection (2) of
198 section 376.82, Florida Statutes, are amended to read:
199 376.82 Eligibility criteria and liability protection.—
200 (2) LIABILITY PROTECTION.—
201 (a) Any person, including his or her successors and
202 assigns, who executes and implements to successful completion a
203 brownfield site rehabilitation agreement, shall be relieved of:
204 1. Further liability for remediation of the contaminated
205 site or sites to the state and to third parties. and of
206 2. Liability in contribution to any other party who has or
207 may incur cleanup liability for the contaminated site or sites.
208 3. Liability for claims of any person for property damages,
209 including, but not limited to, diminished value of real property
210 or improvements; lost or delayed rent, sale, or use of real
211 property or improvements; or stigma to real property or
212 improvements caused by contamination addressed by a brownfield
213 site rehabilitation agreement. Notwithstanding any other
214 provision of this chapter, this subparagraph applies to causes
215 of action accruing on or after July 1, 2013.
216 (b) This section does not limit shall not be construed as a
217 limitation on the right of a third party other than the state to
218 pursue an action for damages to persons for bodily harm property
219 or person; however, such an action may not compel site
220 rehabilitation in excess of that required in the approved
221 brownfield site rehabilitation agreement or otherwise required
222 by the department or approved local pollution control program.
223 Section 4. This act shall take effect July 1, 2013.