Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 586
Ì6746700Î674670
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
02/05/2014 .
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(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) The following general procedures apply to brownfield
27 designations:
28 (a) The local government with jurisdiction over a proposed
29 brownfield area shall designate such area pursuant to this
30 section.
31 (b) For a brownfield area designation proposed by:
32 1. The jurisdictional local government, the designation
33 criteria under paragraph (2)(a) apply unless the local
34 government proposes to designate a brownfield area within a
35 specified redevelopment area as provided in paragraph (2)(b).
36 2. Any person other than a governmental entity, including,
37 but not limited to, individuals, corporations, partnerships,
38 limited liability companies, community-based organizations, or
39 not-for-profit corporations, the designation criteria under
40 paragraph (2)(c) apply.
41 (c) Except as otherwise provided, the following provisions
42 apply to all proposed brownfield area designations:
43 1. Notification to the department following adoption.—A
44 local government with jurisdiction over the brownfield area must
45 notify the department, and, if applicable, the local pollution
46 control program under s. 403.182, of its decision to designate a
47 brownfield area for rehabilitation for the purposes of ss.
48 376.77-376.86. The notification must include a resolution
49 adopted, by the local government body. The local government
50 shall notify the department and, if applicable, the local
51 pollution control program under s. 403.182, of the designation
52 within 30 days after adoption of the resolution.
53 2. Resolution adoption.—The brownfield area designation
54 must be carried out by a resolution adopted by the
55 jurisdictional local government, to which includes is attached a
56 map adequate to clearly delineate exactly which parcels are to
57 be included in the brownfield area or alternatively a less
58 detailed map accompanied by a detailed legal description of the
59 brownfield area. For municipalities, the governing body shall
60 adopt the resolution in accordance with the procedures outlined
61 in s. 166.041, except that the procedures for the public
62 hearings on the proposed resolution must be in the form
63 established in s. 166.041(3)(c)2. For counties, the governing
64 body shall adopt the resolution in accordance with the
65 procedures outlined in s. 125.66, except that the procedures for
66 the public hearings on the proposed resolution must be in the
67 form established in s. 125.66(4)(b).
68 3. Right to be removed from proposed brownfield area.—If a
69 property owner within the area proposed for designation by the
70 local government requests in writing to have his or her property
71 removed from the proposed designation, the local government
72 shall grant the request. For municipalities, the governing body
73 shall adopt the resolution in accordance with the procedures
74 outlined in s. 166.041, except that the notice for the public
75 hearings on the proposed resolution must be in the form
76 established in s. 166.041(3)(c)2. For counties, the governing
77 body shall adopt the resolution in accordance with the
78 procedures outlined in s. 125.66, except that the notice for the
79 public hearings on the proposed resolution shall be in the form
80 established in s. 125.66(4)(b)2.
81 4. Notice and public hearing requirements for designation
82 of a proposed brownfield area outside a redevelopment area or by
83 a nongovernmental entity.—Compliance with the following
84 provisions is required before designation of a proposed
85 brownfield area under paragraph (2)(a) or paragraph (2)(c):
86 a. At least one of the required public hearings shall be
87 conducted as close as is reasonably practicable to the area to
88 be designated to provide an opportunity for public input on the
89 size of the area, the objectives for rehabilitation, job
90 opportunities and economic developments anticipated,
91 neighborhood residents’ considerations, and other relevant local
92 concerns.
93 b. Notice of a public hearing must be made in a newspaper
94 of general circulation in the area, must be made in ethnic
95 newspapers or local community bulletins, must be posted in the
96 affected area, and must be announced at a scheduled meeting of
97 the local governing body before the actual public hearing.
98 (2)(a) Local government-proposed brownfield area
99 designation outside specified redevelopment areas.—If a local
100 government proposes to designate a brownfield area that is
101 outside a community redevelopment area areas, enterprise zone
102 zones, empowerment zone zones, closed military base bases, or
103 designated brownfield pilot project area areas, the local
104 government shall provide notice, adopt the resolution, and
105 conduct the public hearings pursuant to paragraph in accordance
106 with the requirements of subsection (1)(c), except at least one
107 of the required public hearings shall be conducted as close as
108 reasonably practicable to the area to be designated to provide
109 an opportunity for public input on the size of the area, the
110 objectives for rehabilitation, job opportunities and economic
111 developments anticipated, neighborhood residents’
112 considerations, and other relevant local concerns. Notice of the
113 public hearing must be made in a newspaper of general
114 circulation in the area and the notice must be at least 16
115 square inches in size, must be in ethnic newspapers or local
116 community bulletins, must be posted in the affected area, and
117 must be announced at a scheduled meeting of the local governing
118 body before the actual public hearing. At a public hearing to
119 designate the proposed brownfield area In determining the areas
120 to be designated, the local government must consider:
121 1. Whether the brownfield area warrants economic
122 development and has a reasonable potential for such activities;
123 2. Whether the proposed area to be designated represents a
124 reasonably focused approach and is not overly large in
125 geographic coverage;
126 3. Whether the area has potential to interest the private
127 sector in participating in rehabilitation; and
128 4. Whether the area contains sites or parts of sites
129 suitable for limited recreational open space, cultural, or
130 historical preservation purposes.
131 (b) Local government-proposed brownfield area designation
132 within specified redevelopment areas.—Paragraph (a) does not
133 apply to a proposed brownfield area if the local government
134 proposes to designate the brownfield area inside a community
135 redevelopment area, enterprise zone, empowerment zone, closed
136 military base, or designated brownfield pilot project area and
137 the local government complies with paragraph (1)(c).
138 (c)(b) Brownfield area designation proposed by persons
139 other than a governmental entity.—For designation of a
140 brownfield area that is proposed by a person other than the
141 local government, the local government with jurisdiction over
142 the proposed brownfield area shall provide notice and adopt a
143 resolution to designate the a brownfield area pursuant to
144 paragraph (1)(c) if, at the public hearing to adopt the
145 resolution, the person establishes all of the following under
146 the provisions of this act provided that:
147 1. A person who owns or controls a potential brownfield
148 site is requesting the designation and has agreed to
149 rehabilitate and redevelop the brownfield site.;
150 2. The rehabilitation and redevelopment of the proposed
151 brownfield site will result in economic productivity of the
152 area, along with the creation of at least 5 new permanent jobs
153 at the brownfield site that are full-time equivalent positions
154 not associated with the implementation of the brownfield site
155 rehabilitation agreement and that are not associated with
156 redevelopment project demolition or construction activities
157 pursuant to the redevelopment of the proposed brownfield site or
158 area. However, the job creation requirement does shall not apply
159 to the rehabilitation and redevelopment of a brownfield site
160 that will provide affordable housing as defined in s. 420.0004
161 or the creation of recreational areas, conservation areas, or
162 parks.;
163 3. The redevelopment of the proposed brownfield site is
164 consistent with the local comprehensive plan and is a
165 permittable use under the applicable local land development
166 regulations.;
167 4. Notice of the proposed rehabilitation of the brownfield
168 area has been provided to neighbors and nearby residents of the
169 proposed area to be designated pursuant to paragraph (1)(c), and
170 the person proposing the area for designation has afforded to
171 those receiving notice the opportunity for comments and
172 suggestions about rehabilitation. Notice pursuant to this
173 subparagraph must be made in a newspaper of general circulation
174 in the area, at least 16 square inches in size, and the notice
175 must be posted in the affected area.; and
176 5. The person proposing the area for designation has
177 provided reasonable assurance that he or she has sufficient
178 financial resources to implement and complete the rehabilitation
179 agreement and redevelopment of the brownfield site.
180 (d)(c) Negotiation of brownfield site rehabilitation
181 agreement.—The designation of a brownfield area and the
182 identification of a person responsible for brownfield site
183 rehabilitation simply entitles the identified person to
184 negotiate a brownfield site rehabilitation agreement with the
185 department or approved local pollution control program.
186 (12) A local government that designates a brownfield area
187 pursuant to this section is not required to use the term
188 “brownfield area” within the name of the brownfield area
189 designated by the local government.
190 Section 3. Paragraphs (a) and (b) of subsection (2) of
191 section 376.82, Florida Statutes, are amended to read:
192 376.82 Eligibility criteria and liability protection.—
193 (2) LIABILITY PROTECTION.—
194 (a) Any person, including his or her successors and
195 assigns, who executes and implements to successful completion a
196 brownfield site rehabilitation agreement, is shall be relieved
197 of:
198 1. Further liability for remediation of the contaminated
199 site or sites to the state and to third parties. and of
200 2. Liability in contribution to any other party who has or
201 may incur cleanup liability for the contaminated site or sites.
202 3. Liability for claims of any person for property damage,
203 including, but not limited to, diminished value of real property
204 or improvements; lost or delayed rent, sale, or use of real
205 property or improvements; or stigma to real property or
206 improvements caused by contamination addressed by a brownfield
207 site rehabilitation agreement. Notwithstanding any other
208 provision of this chapter, this subparagraph applies to causes
209 of action accruing on or after July 1, 2014. This subparagraph
210 does not apply to a person who commits fraud in demonstrating
211 site conditions or completing site rehabilitation of a property
212 subject to a brownfield site rehabilitation agreement or who
213 exacerbates contamination of a property subject to a brownfield
214 site rehabilitation agreement in violation of applicable laws,
215 which causes property damages.
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, 2014.
224
225 ================= T I T L E A M E N D M E N T ================
226 And the title is amended as follows:
227 Delete everything before the enacting clause
228 and insert:
229 A bill to be entitled
230 An act relating to brownfields; amending s. 376.78,
231 F.S.; revising legislative intent with regard to
232 community revitalization in certain areas; amending s.
233 376.80, F.S.; revising procedures for designation of
234 brownfield areas by local governments; providing
235 procedures for adoption of a resolution; providing
236 requirements for notice and public hearings;
237 authorizing local governments to use a term other than
238 “brownfield area” when naming such areas; amending s.
239 376.82, F.S.; providing an exemption from liability
240 for property damages for entities that execute and
241 implement certain brownfield site rehabilitation
242 agreements; providing for applicability; providing an
243 effective date.
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