Florida Senate - 2025 CS for SB 736
By the Committee on Environment and Natural Resources; and
Senators Truenow and Brodeur
592-02300-25 2025736c1
1 A bill to be entitled
2 An act relating to brownfields; amending s. 376.303,
3 F.S.; deleting a provision requiring certain property
4 owners to provide information regarding institutional
5 controls to the local government for mapping purposes;
6 deleting local government requirements for such
7 mapping; requiring that sites issued a site
8 rehabilitation completion order without institutional
9 controls be removed from the registry of all
10 contaminated sites located in a brownfield area;
11 amending s. 376.30781, F.S.; revising the conditions
12 under which an applicant who has rehabilitated a
13 contaminated site may submit and claim certain tax
14 credits; specifying a timeframe within which such tax
15 credit application must be submitted; revising the
16 criteria for determining applicants who are
17 redeveloping brownfield sites who may be eligible for
18 certain tax credits; deleting the definition of the
19 term “monetary compensation”; revising the date by
20 which the Department of Environmental Protection must
21 issue annual site rehabilitation tax credit
22 certificate awards; revising the amount of time the
23 department has to respond to a tax credit applicant
24 regarding a certain notice; amending s. 376.78, F.S.;
25 conforming provisions to changes made by the act;
26 amending s. 376.79, F.S.; revising definitions,
27 defining the terms “brownfield” and “brownfield site”;
28 amending s. 376.81, F.S.; providing legislative
29 findings; prohibiting the department or a delegated
30 local pollution control program from denying a
31 specified status or refusing to issue a specified
32 order for certain brownfield sites that are only a
33 portion of larger contaminated sites; providing
34 applicability; amending s. 376.82, F.S.; revising the
35 persons and sites eligible for participation in the
36 brownfield program; revising requirements for such
37 participation; requiring that completion of the
38 performance of remediation obligations at the
39 brownfield site be evidenced by a site rehabilitation
40 completion order; revising the information necessary
41 from the United States Environmental Protection Agency
42 and the department for a person’s participation in the
43 program; specifying that certain brownfield sites are
44 eligible to participate in the brownfield program
45 under certain circumstances; amending ss. 196.1995 and
46 288.1175, F.S.; conforming cross-references;
47 reenacting s. 1004.53(1), F.S., relating to the Center
48 for Brownfield Rehabilitation Assistance, to
49 incorporate the amendment made to s. 376.79, F.S., in
50 a reference thereto; providing an effective date.
51
52 Be It Enacted by the Legislature of the State of Florida:
53
54 Section 1. Subsections (5) and (6) of section 376.303,
55 Florida Statutes, are amended to read:
56 376.303 Powers and duties of the Department of
57 Environmental Protection.—
58 (5) MAPPING.—If an institutional control is implemented at
59 any contaminated site in a brownfield area designated pursuant
60 to s. 376.80, the property owner must provide information
61 regarding the institutional control to the local government for
62 mapping purposes. The local government must then note the
63 existence of the institutional control on any relevant local
64 land use and zoning maps with a cross-reference to the
65 department’s site registry developed pursuant to subsection (6).
66 If the type of institutional control used requires recording
67 with the local government, then the map notation shall also
68 provide a cross-reference to the book and page number where
69 recorded. When a local government is provided with evidence that
70 the department has subsequently issued a no further action order
71 without institutional controls for a site currently noted on
72 such maps, the local government shall remove the notation.
73 (6) REGISTRY.—The department shall prepare and maintain a
74 registry of all contaminated sites located in a brownfield area
75 designated pursuant to s. 376.80, which are subject to
76 institutional and engineering controls, in order to provide a
77 mechanism for the public and local governments to monitor the
78 status of these controls, monitor the department’s short-term
79 and long-term protection of human health and the environment in
80 relation to these sites, and evaluate economic revitalization
81 efforts in these areas. At a minimum, the registry must shall
82 include the type of institutional or engineering controls
83 employed at a particular site, types of contaminants and
84 affected media, land use limitations, and the county in which
85 the site is located. Sites listed on the registry at which the
86 department has subsequently issued a site rehabilitation
87 completion no further action order without institutional
88 controls must shall be removed from the registry. The department
89 shall make the registry available to the public and local
90 governments within 1 year after the effective date of this act.
91 The department shall provide local governments with actual
92 notice when the registry becomes available. Local zoning and
93 planning offices shall post information on how to access the
94 registry in public view.
95 Section 2. Paragraphs (c), (d), and (e) of subsection (3)
96 and subsection (9) of section 376.30781, Florida Statutes, are
97 amended to read:
98 376.30781 Tax credits for rehabilitation of drycleaning
99 solvent-contaminated sites and brownfield sites in designated
100 brownfield areas; application process; rulemaking authority;
101 revocation authority.—
102 (3)
103 (c) In order to encourage completion of site rehabilitation
104 at contaminated sites that are being voluntarily cleaned up and
105 that are eligible for a tax credit under this section, the tax
106 credit applicant may claim an additional 25 percent of the total
107 site rehabilitation costs, not to exceed $500,000, if the
108 Department of Environmental Protection has approved the
109 applicant’s annual site rehabilitation application and has
110 issued a site rehabilitation completion in the final year of
111 cleanup as evidenced by the Department of Environmental
112 Protection issuing a “No Further Action” order for that site.
113 The tax credit applicant must submit the claim for the
114 additional 25 percent within 2 years after receipt of the site
115 rehabilitation completion order for that site.
116 (d) In order to encourage the construction of housing that
117 meets the definition of affordable provided in s. 420.0004, an
118 applicant for the tax credit may claim an additional 25 percent
119 of the total site rehabilitation costs that are eligible for tax
120 credits under this section, not to exceed $500,000. To receive
121 this additional tax credit, the applicant must provide a
122 certification letter from the Florida Housing Finance
123 Corporation, the local housing authority, or other governmental
124 agency that is a party to the use agreement indicating that the
125 construction on the brownfield site has received a certificate
126 of occupancy and the brownfield site has a properly recorded
127 instrument that limits the use of the property to housing.
128 Notwithstanding that only one application may be submitted each
129 year for each site, an application for the additional credit
130 provided for in this paragraph must shall be submitted after all
131 requirements to obtain the additional tax credit have been met.
132 (e) In order to encourage the redevelopment of a brownfield
133 site, as defined in the brownfield site rehabilitation
134 agreement, that is hindered by the presence of solid waste, as
135 defined in s. 403.703, costs related to solid waste removal may
136 also be claimed under this section. A tax credit applicant, or
137 multiple tax credit applicants working jointly to clean up a
138 single brownfield site, may also claim costs to address the
139 solid waste removal as defined in this paragraph in accordance
140 with department rules. Multiple tax credit applicants shall be
141 granted tax credits in the same proportion as each applicant’s
142 contribution to payment of solid waste removal costs. These
143 costs are eligible for a tax credit provided that the applicant
144 meets the eligibility requirements of s. 376.82(1) and that
145 submits an affidavit stating that, after consultation with
146 appropriate local government officials and the department, to
147 the best of the applicant’s knowledge based upon such
148 consultation and available historical records, the brownfield
149 site was never operated as a permitted solid waste disposal area
150 as regulated pursuant to s. 403.704 or was never operated for
151 monetary compensation, and the applicant submits all other
152 documentation and certifications required by this section. In
153 this section, where reference is made to “site rehabilitation,”
154 the department shall instead consider whether the costs claimed
155 are for solid waste removal. Tax credit applications claiming
156 costs pursuant to this paragraph are shall not be subject to the
157 calendar-year limitation and January 31 annual application
158 deadline, and the department shall accept a one-time application
159 filed subsequent to the completion by the tax credit applicant
160 of the applicable requirements listed in this subsection. A tax
161 credit applicant may claim 50 percent of the costs for solid
162 waste removal, not to exceed $500,000, after the applicant has
163 determined solid waste removal is completed for the brownfield
164 site. A solid waste removal tax credit application may be filed
165 only once per brownfield site. For the purposes of this section,
166 the term:
167 1. “Solid waste disposal area” means a landfill, dump, or
168 other area where solid waste has been disposed.
169 2. “Monetary compensation” means the fees that were charged
170 or the assessments that were levied for the disposal of solid
171 waste at a solid waste disposal area.
172 3. “Solid waste removal” means removal of solid waste from
173 the land surface or excavation of solid waste from below the
174 land surface and removal of the solid waste from the brownfield
175 site. The term also includes:
176 a. Transportation of solid waste to a licensed or exempt
177 solid waste management facility or to a temporary storage area.
178 b. Sorting or screening of solid waste prior to removal
179 from the site.
180 c. Deposition of solid waste at a permitted or exempt solid
181 waste management facility, whether the solid waste is disposed
182 of or recycled.
183 (9) On or before June May 1, the Department of
184 Environmental Protection shall inform each tax credit applicant
185 that is subject to the January 31 annual application deadline of
186 the applicant’s eligibility status and the amount of any tax
187 credit due. The department shall provide each eligible tax
188 credit applicant with a tax credit certificate that must be
189 submitted with its tax return to the Department of Revenue to
190 claim the tax credit or be transferred pursuant to s.
191 220.1845(2)(g). The June May 1 deadline for annual site
192 rehabilitation tax credit certificate awards does shall not
193 apply to any tax credit application for which the department has
194 issued a notice of deficiency pursuant to subsection (8). The
195 department shall respond within 120 90 days after receiving a
196 response from the tax credit applicant to such a notice of
197 deficiency. Credits may not result in the payment of refunds if
198 total credits exceed the amount of tax owed.
199 Section 3. Subsection (1) of section 376.78, Florida
200 Statutes, is amended to read:
201 376.78 Legislative intent.—The Legislature finds and
202 declares the following:
203 (1) The reduction of public health and environmental
204 hazards on existing commercial and industrial sites proposed to
205 be rehabilitated and redeveloped is vital to their use and reuse
206 as sources of employment, housing, recreation, and open space
207 areas. The reuse of such sites industrial land is an important
208 component of sound land use policy for productive urban purposes
209 which will help prevent the premature development of farmland,
210 open space areas, and natural areas, and reduce public costs for
211 installing new water, sewer, and highway infrastructure.
212 Section 4. Present subsections (6) through (21) of section
213 376.79, Florida Statutes, are redesignated as subsections (7)
214 through (22), respectively, a new subsection (6) is added to
215 that section, and subsections (4) and (5) of that section are
216 amended, to read:
217 376.79 Definitions relating to Brownfields Redevelopment
218 Act.—As used in ss. 376.77-376.85, the term:
219 (4) “Brownfield sites” means any real property, the
220 expansion, redevelopment, or reuse of which may be complicated
221 by actual or perceived environmental contamination and which has
222 not yet been entered into a brownfield site rehabilitation
223 agreement pursuant to s. 376.80(5).
224 (5) “Brownfield area” means a contiguous area of one or
225 more brownfields brownfield sites, some of which may not be
226 contaminated, and which has been designated by a local
227 government by resolution. Such areas may include all or portions
228 of community redevelopment areas, enterprise zones, empowerment
229 zones, other such designated economically deprived communities
230 and areas, and United States Environmental Protection Agency
231 designated brownfield pilot projects.
232 (6) “Brownfield site” means the real property identified in
233 a brownfield site rehabilitation agreement executed by the
234 person responsible for brownfield site rehabilitation of the
235 property and the department or a delegated local pollution
236 control program, as applicable.
237 Section 5. Present subsection (3) of section 376.81,
238 Florida Statutes, is redesignated as subsection (4), a new
239 subsection (3) is added to that section, and present subsection
240 (3) of that section is amended, to read:
241 376.81 Brownfield site and brownfield areas contamination
242 cleanup criteria.—
243 (3)(a) The Legislature finds that rehabilitation and
244 redevelopment of a potential brownfield site that is a portion
245 of a larger contaminated site are significantly complicated when
246 multiple parties may own, lease, or operate different portions
247 of the contaminated site. The Legislature further finds that
248 delaying a person’s ability to achieve a “No Further Action”
249 status for a potential brownfield site until such time as the
250 owners, lessees, or operators of all other portions of the
251 larger historical contaminated site have completed site
252 rehabilitation on their respective portions is not in the public
253 interest, as such delay disincentivizes rehabilitation and
254 redevelopment of the potential brownfield site by imposing
255 unnecessary legal burdens, technical obstacles, and financial
256 costs.
257 (b) Therefore, the Legislature finds that it is in the
258 public interest to remove any such barriers to the
259 rehabilitation and redevelopment of property by providing a
260 clear path to obtaining a “No Further Action” status in cases
261 where a potential brownfield site is only a portion of a larger
262 contaminated site.
263 (c) If the person responsible for a brownfield site
264 rehabilitation demonstrates compliance with the applicable
265 contamination cleanup criteria described in subsection (1), and
266 the brownfield site is only a portion of a larger contaminated
267 site, the department or any delegated local pollution control
268 program under s. 376.80(9) may not:
269 1. Deny a “No Further Action” status for the brownfield
270 site; or
271 2. Refuse to issue a site rehabilitation completion order
272 for the brownfield site, regardless of whether it has
273 engineering and institutional controls. This subparagraph
274 applies even where similar contamination exists elsewhere on the
275 contaminated site which was the result of similar or related
276 activities or operations that occurred both on the contaminated
277 site and the brownfield site, provided that all soil and
278 groundwater contamination emanating from the brownfield site is
279 adequately addressed pursuant to chapter 62-780, Florida
280 Administrative Code.
281 (d) This subsection applies to all brownfield sites,
282 irrespective of the effective date of the brownfield site
283 rehabilitation agreement.
284 (4)(3) The cleanup criteria described in this section
285 govern only site rehabilitation activities occurring at the
286 brownfield contaminated site. Removal of contaminated media from
287 a site for offsite relocation or treatment must be in accordance
288 with all applicable federal, state, and local laws and
289 regulations.
290 Section 6. Paragraphs (a) and (b) of subsection (1) and
291 paragraphs (e) and (g) of subsection (2) of section 376.82,
292 Florida Statutes, are amended to read:
293 376.82 Eligibility criteria and liability protection.—
294 (1) ELIGIBILITY.—
295 (a) All of the following persons are eligible to
296 participate in the brownfield program established in ss. 376.77
297 376.85:
298 1. Notwithstanding subparagraph 2., a any person who has
299 not caused or contributed to the contamination of a brownfield
300 site on or after July 1, 1997.
301 2. A local governmental entity, including any other person
302 who may be organized or united with the local governmental
303 entity for a business purpose, if such entity or person did not
304 cause or contribute to the contamination of a brownfield site on
305 or after July 1, 2025.
306 (b) A person eligible to participate in the brownfield
307 program pursuant to paragraph (a) is, is eligible to participate
308 in the brownfield program established in ss. 376.77-376.85,
309 subject to the following:
310 1.(a) Potential brownfield sites that are subject to an
311 ongoing formal judicial or administrative enforcement action or
312 corrective action pursuant to federal authority, including, but
313 not limited to, the Comprehensive Environmental Response
314 Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as
315 amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i,
316 as amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as
317 amended; or under an order from the United States Environmental
318 Protection Agency pursuant to s. 3008(h) of the Resource
319 Conservation and Recovery Act, as amended (42 U.S.C.A. s.
320 6928(h)); or that have obtained or are required to obtain a
321 permit for the operation of a hazardous waste treatment,
322 storage, or disposal facility; a post-closure postclosure
323 permit; or a permit pursuant to the federal Hazardous and Solid
324 Waste Amendments of 1984, are not eligible for participation in
325 the brownfield program established in ss. 376.77-376.85 unless,
326 pursuant to paragraph (2)(g), specific exemptions are secured by
327 a memorandum of agreement with the United States Environmental
328 Protection Agency issues a letter stating it has no objection to
329 such participation and the department issues a letter of
330 concurrence pursuant to paragraph (2)(g). A brownfield site
331 within an eligible brownfield area that subsequently becomes
332 subject to formal judicial or administrative enforcement action
333 or corrective action under such federal authority shall have its
334 eligibility revoked unless, specific exemptions are secured by a
335 memorandum of agreement with the United States Environmental
336 Protection Agency pursuant to paragraph (2)(g), the United
337 States Environmental Protection Agency issues a letter stating
338 it has no objection to such participation and the department
339 issues a letter of concurrence.
340 2.(b) A person who is eligible to participate in the
341 brownfield program pursuant to paragraph (a) Persons who have
342 not caused or contributed to the contamination of a brownfield
343 site on or after July 1, 1997, and who, before prior to the
344 department’s approval of a brownfield site rehabilitation
345 agreement, is are subject to ongoing corrective action or
346 enforcement under state authority established in this chapter or
347 chapter 403, including those persons subject to a pending
348 consent order with the state, is are eligible for participation
349 in a brownfield site rehabilitation agreement if:
350 a.1. The proposed brownfield site is currently idle or
351 underutilized as a result of the contamination, and
352 participation in the brownfield program will immediately, after
353 cleanup or sooner, result in increased economic productivity at
354 the site, including at a minimum the creation of 10 new
355 permanent jobs, whether full-time or part-time, which are not
356 associated with implementation of the brownfield site
357 rehabilitation agreement. However, the job creation requirement
358 does not apply to the rehabilitation and redevelopment of a
359 brownfield site that will provide housing that is affordable as
360 defined in s. 420.0004; create recreational areas, conservation
361 areas, or parks; or be maintained for cultural or historical
362 preservation purposes; and
363 b.2. The person is complying in good faith with the terms
364 of an existing consent order or department-approved corrective
365 action plan, or responding in good faith to an enforcement
366 action, as evidenced by a determination issued by the department
367 or an approved local pollution control program.
368 (2) LIABILITY PROTECTION.—
369 (e) Completion of the performance of the remediation
370 obligations at the brownfield site shall be evidenced by a site
371 rehabilitation completion order letter or a “no further action”
372 letter issued by the department or the approved local pollution
373 control program, which letter shall include the following
374 statement: “Based upon the information provided by (property
375 owner) concerning property located at (address), it is the
376 opinion of (the Florida Department of Environmental Protection
377 or approved local pollution control program) that (party) has
378 successfully and satisfactorily implemented the approved
379 brownfield site rehabilitation agreement schedule and,
380 accordingly, no further action is required to assure that any
381 land use identified in the brownfield site rehabilitation
382 agreement is consistent with existing and proposed uses.”
383 (g)1. The Legislature recognizes the benefits of promoting
384 the reuse of brownfield sites, even when subject to its
385 limitations in addressing cleanup liability under federal
386 pollution control programs, including those enumerated in
387 subparagraph (1)(b)1. In an effort to encourage such reuse
388 secure federal liability protection for persons willing to
389 undertake remediation responsibility for site rehabilitation at
390 a brownfield site, the department may, upon receipt of a letter
391 from shall attempt to negotiate a memorandum of agreement or
392 similar document with the United States Environmental Protection
393 Agency stating it has no objection to a site’s participation
394 pursuant to subparagraph (1)(b)1. and upon a reasonable
395 demonstration by the person seeking to participate in the
396 brownfield program that he or she will conduct site
397 rehabilitation pursuant to s. 376.81, issue a letter of no
398 objection that states the person may participate in the
399 brownfield program. The department may not require, as a
400 condition of such letter of concurrence, that, whereby the
401 United States Environmental Protection Agency agree agrees to
402 forego enforcement of federal corrective action authority at
403 brownfield sites that have received a site rehabilitation
404 completion order or “No Further Action” determination from the
405 department or the approved local pollution control program or
406 that are in the process of implementing a brownfield site
407 rehabilitation agreement in accordance with this act. The
408 letters of concurrence from the United States Environmental
409 Protection Agency and the department must be added as
410 attachments to the brownfield site rehabilitation agreement.
411 2. Proposed brownfield sites that are subject to ongoing
412 formal judicial or administrative enforcement action or
413 corrective action pursuant to an order from the United States
414 Environmental Protection Agency pursuant to s. 3008(h) of the
415 Resource Conservation and Recovery Act, as amended by 42 U.S.C.
416 s. 6928(h), or that have obtained or are required to obtain a
417 permit for the operation of a hazardous waste treatment,
418 storage, or disposal facility, a post-closure permit, or a
419 permit pursuant to the federal Hazardous and Solid Waste
420 Amendments of 1984 are eligible for participation in the
421 brownfield program established in ss. 376.77-376.85, provided
422 that the sites:
423 a. Obtain the necessary letters of concurrence pursuant to
424 paragraph (1)(b) and subparagraph 1.; or
425 b. Comply with the provisions of Section V of the
426 Memorandum of Agreement between the department and the United
427 States Environmental Protection Agency Region 4 covering
428 Florida’s Brownfield Program, dated November 28, 2005, as may be
429 amended.
430 Section 7. Subsection (3) of section 196.1995, Florida
431 Statutes, is amended to read:
432 196.1995 Economic development ad valorem tax exemption.—
433 (3) The board of county commissioners or the governing
434 authority of the municipality that calls a referendum within its
435 total jurisdiction to determine whether its respective
436 jurisdiction may grant economic development ad valorem tax
437 exemptions may vote to limit the effect of the referendum to
438 authority to grant economic development tax exemptions for new
439 businesses and expansions of existing businesses located in an
440 enterprise zone or a brownfield area, as defined in s. 376.79 s.
441 376.79(5). If an area nominated to be an enterprise zone
442 pursuant to s. 290.0055 has not yet been designated pursuant to
443 s. 290.0065, the board of county commissioners or the governing
444 authority of the municipality may call such referendum prior to
445 such designation; however, the authority to grant economic
446 development ad valorem tax exemptions does not apply until such
447 area is designated pursuant to s. 290.0065. The ballot question
448 in such referendum shall be in substantially the following form
449 and shall be used in lieu of the ballot question prescribed in
450 subsection (2):
451
452 Shall the board of county commissioners of this county
453 (or the governing authority of this municipality, or
454 both) be authorized to grant, pursuant to s. 3, Art.
455 VII of the State Constitution, property tax exemptions
456 for new businesses and expansions of existing
457 businesses that are located in an enterprise zone or a
458 brownfield area and that are expected to create new,
459 full-time jobs in the county (or municipality, or
460 both)?
461
462 ....Yes—For authority to grant exemptions.
463 ....No—Against authority to grant exemptions.
464
465 Section 8. Paragraph (c) of subsection (5) of section
466 288.1175, Florida Statutes, is amended to read:
467 288.1175 Agriculture education and promotion facility.—
468 (5) The Department of Agriculture and Consumer Services
469 shall competitively evaluate applications for funding of an
470 agriculture education and promotion facility. If the number of
471 applicants exceeds three, the Department of Agriculture and
472 Consumer Services shall rank the applications based upon
473 criteria developed by the Department of Agriculture and Consumer
474 Services, with priority given in descending order to the
475 following items:
476 (c) The location of the facility in a brownfield site as
477 defined in s. 376.79 s. 376.79(4), a rural enterprise zone as
478 defined in s. 290.004, an agriculturally depressed area as
479 defined in s. 570.74, or a county that has lost its agricultural
480 land to environmental restoration projects.
481 Section 9. For the purpose of incorporating the amendment
482 made by this act to section 376.79, Florida Statutes, in a
483 reference thereto, subsection (1) of section 1004.53, Florida
484 Statutes, is reenacted to read:
485 1004.53 Interdisciplinary Center for Brownfield
486 Rehabilitation Assistance.—The Center for Brownfield
487 Rehabilitation Assistance in the Environmental Sciences and
488 Policy Program is established in the College of Arts and
489 Sciences at the University of South Florida with the
490 collaboration of other related disciplines such as business
491 administration, environmental science, and medicine. The center
492 shall work in conjunction with other state universities. The
493 Center for Brownfield Rehabilitation Assistance shall:
494 (1) Conduct research relating to problems and solutions
495 associated with rehabilitation and restoration of brownfield
496 areas as defined in s. 376.79. The research must include
497 identifying innovative solutions to removing contamination from
498 brownfield sites to reduce the threats to drinking water
499 supplies and other potential public health threats from
500 contaminated sites.
501 Section 10. This act shall take effect July 1, 2025.