Florida Senate - 2008 CS for SB 2594
By the Committee on Environmental Preservation and Conservation; and Senator Constantine
592-06640-08 20082594c1
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A bill to be entitled
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An act relating to brownfield areas; amending s. 220.1845,
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F.S.; providing a tax credit for the costs of solid waste
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removal at brownfield sites; providing definitions
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relating to solid waste removal; providing an additional
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tax credit for rehabilitation costs that result in the
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construction and operation of a health care facility or
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health care provider on a brownfield site; amending s.
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376.30781, F.S.; removing provisions relating to a partial
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tax credit; providing a tax credit for the costs of solid
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waste removal at brownfield sites; providing definitions
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relating to solid waste removal; providing an additional
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tax credit for rehabilitation costs that result in the
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construction and operation of a health care facility or
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health care provider on a brownfield site; revising
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procedures relating to the application for the tax credit;
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providing additional limitations on the amount of credits
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claimed; amending s. 376.77, F.S.; conforming cross-
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references; amending s. 376.79, F.S.; redefining terms
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relating to the Brownfields Redevelopment Act; amending s.
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376.80, F.S.; revising provisions relating to the
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administration of the brownfield program at the local
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level; providing requirements for the certification of a
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proposed redevelopment of a brownfield site; deleting
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certification requirements relating to the site
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contractor; deleting the requirement that professional
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engineers and geologists providing professional services
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must maintain liability insurance; providing for
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evaluating the effects of brownfield site rehabilitation
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on the community and on individual health; amending ss.
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amending s. 376.86, F.S.; revising the Brownfield Areas
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Loan Guarantee Program; authorizing the program to
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guarantee 75 percent of a loan for the construction and
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operation of a new health care facility or health care
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provider; adding the State Surgeon General of the
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Department of Health to the Brownfield Areas Loan
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Guarantee Council; amending s. 163.3221, F.S.; conforming
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a cross-reference; providing for retroactive application;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsections (1) and (2) of section 220.1845,
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Florida Statutes, are amended to read:
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220.1845 Contaminated site rehabilitation tax credit.--
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(1) AUTHORIZATION FOR TAX CREDIT; LIMITATIONS.--
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(a) A credit in the amount of 50 percent of the costs of
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voluntary cleanup activity that is integral to site
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rehabilitation at the following sites is available against any
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tax due for a taxable year under this chapter:
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1. A drycleaning-solvent-contaminated site eligible for
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state-funded site rehabilitation under s. 376.3078(3);
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2. A drycleaning-solvent-contaminated site at which site
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rehabilitation cleanup is undertaken by the real property owner
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pursuant to s. 376.3078(11), if the real property owner is not
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also, and has never been, the owner or operator of the
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drycleaning facility where the contamination exists; or
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3. A brownfield site in a designated brownfield area under
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s. 376.80.
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(b) A tax credit applicant, or multiple tax credit
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applicants working jointly to clean up a single site, may not be
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granted more than $500,000 per year in tax credits for each site
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voluntarily rehabilitated. Multiple tax credit applicants shall
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be granted tax credits in the same proportion as their
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contribution to payment of cleanup costs. Subject to the same
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conditions and limitations as provided in this section, a
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municipality, county, or other tax credit applicant that which
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voluntarily rehabilitates a site may receive up to not more than
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$500,000 per year in tax credits which it can subsequently
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transfer subject to the provisions in paragraph (g).
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(c) If the credit granted under this section is not fully
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used in any one year because of insufficient tax liability on the
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part of the corporation, the unused amount may be carried forward
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up to for a period not to exceed 5 years. The carryover credit
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may be used in a subsequent year if when the tax imposed by this
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chapter for that year exceeds the credit for which the
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corporation is eligible in that year under this section after
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applying the other credits and unused carryovers in the order
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provided by s. 220.02(8). Five years after the date a credit is
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granted under this section, such credit expires and may not be
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used. However, If during the 5-year period the credit is
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transferred, in whole or in part, pursuant to paragraph (g), each
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transferee has up to 5 years after the date of transfer to use
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its credit.
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(d) A taxpayer that files a consolidated return in this
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state as a member of an affiliated group under s. 220.131(1) may
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be allowed the credit on a consolidated return basis up to the
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amount of tax imposed upon the consolidated group.
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(e) A tax credit applicant that receives state-funded site
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rehabilitation under s. 376.3078(3) for rehabilitation of a
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drycleaning-solvent-contaminated site is ineligible to receive
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credit under this section for costs incurred by the tax credit
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applicant in conjunction with the rehabilitation of that site
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during the same time period that state-administered site
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rehabilitation was underway.
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(f) The total amount of the tax credits which may be
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granted under this section is $2 million annually.
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(g)1. Tax credits that may be available under this section
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to an entity eligible under s. 376.30781 may be transferred after
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a merger or acquisition to the surviving or acquiring entity and
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used in the same manner and with the same limitations.
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1.2. The entity or its surviving or acquiring entity as
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described in subparagraph 1., may transfer any unused credit in
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whole or in units of at least no less than 25 percent of the
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remaining credit. The entity acquiring such credit may use it in
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the same manner and with the same limitation as described in this
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section. Such transferred credits may not be transferred again
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although they may succeed to a surviving or acquiring entity
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subject to the same conditions and limitations as described in
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this section.
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2.3. If In the event the credit provided for under this
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section is reduced due to either as a result of a determination
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by the Department of Environmental Protection or an examination
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or audit by the Department of Revenue, the such tax deficiency
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shall be recovered from the first entity, or the surviving or
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acquiring entity that, to have claimed the such credit up to the
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amount of credit taken. Any subsequent deficiencies shall be
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assessed against the any entity acquiring and claiming the such
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credit, or in the case of multiple succeeding entities in the
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order of credit succession.
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(h) In order to encourage completion of site rehabilitation
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at contaminated sites being voluntarily cleaned up and eligible
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for a tax credit under this section, the tax credit applicant may
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claim an additional 25 percent of the total cleanup costs, not to
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exceed $500,000, in the final year of cleanup as evidenced by the
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Department of Environmental Protection issuing a "No Further
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Action" order for that site.
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(i) In order to encourage the construction of housing that
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meets the definition of affordable provided in s. 420.0004(3), an
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applicant for the tax credit may claim an additional 25 percent
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of the total site rehabilitation costs that are eligible for tax
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credits under this section, not to exceed $500,000. In order to
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receive this additional tax credit, the applicant must provide a
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certification letter from the Florida Housing Finance
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Corporation, the local housing authority, or other governmental
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agency that is a party to the use agreement, indicating that the
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construction on the brownfield site is complete, the brownfield
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site has received a certificate of occupancy, and the brownfield
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site has a properly recorded instrument that limits the use of
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the property to housing that meets the definition of affordable
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provided in s. 420.0004(3).
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(j) In order to encourage the redevelopment of a brownfield
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site, as defined in the brownfield site rehabilitation agreement,
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which is hindered by the presence of solid waste, as defined in
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s. 403.703, costs relating to solid waste removal may also be
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claimed under this section. A tax credit applicant, or multiple
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tax credit applicants working jointly to clean up a single
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brownfield site, may also claim costs to address solid waste
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removal in accordance with the rules of the Department of
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Environmental Protection. Multiple tax credit applicants shall be
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granted tax credits in the same proportion as their contribution
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to payment of solid waste removal costs. To receive the credit,
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the applicant must submit an affidavit stating that to the best
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of the applicant's knowledge after consultation with appropriate
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local government officials, the department, and available
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historical records, the brownfield site was never operated as a
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permitted solid waste disposal area or for monetary compensation.
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The applicant must also submit all other documentation and
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certifications required by this section. Costs claimed for solid
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waste removal under this paragraph shall be treated in the same
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manner as costs claimed for site rehabilitation under this
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section. Tax credit applications claiming costs pursuant to this
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paragraph are not subject to the calendar-year limitation and
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January 31 annual application deadline. Only one solid waste
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removal tax credit application may be filed per brownfield site
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and the Department of Environmental Protection shall accept the
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application upon the completion of the applicable requirements
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listed in this section. Tax credit applicants may claim 50
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percent of the cost for solid waste removal, not to exceed
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$500,000, when the applicant has determined solid waste removal
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is completed for the brownfield site. For the purposes of this
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section, the term:
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1. "Monetary compensation" means that fees were charged or
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assessments were levied for the disposal of solid waste at a
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solid waste disposal area.
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2. "Solid waste disposal area" means a landfill, dump, or
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other area where solid waste has been disposed of.
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3. "Solid waste removal" means removal of solid waste from
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the land surface or excavation of solid waste from below the land
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surface and removal of the solid waste from the brownfield site.
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The term also includes:
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a. Transportation of solid waste to a licensed or exempt
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solid waste management facility or to a temporary storage area;
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b. Sorting or screening of solid waste prior to removal
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from the site; and
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c. Deposition of solid waste at a permitted or exempt solid
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waste management facility, regardless of whether the solid waste
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is disposed of or recycled.
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(k) In order to encourage the construction and operation of
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a new health care facility or a health care provider, as defined
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an applicant for a tax credit may claim an additional 25 percent
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of the total site rehabilitation costs, not to exceed $500,000,
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if the applicant provides documentation indicating that the
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health care facility or health care provider has received a
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certificate of occupancy, or a license or certificate has been
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issued for the operation of the health care facility or health
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care provider.
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(2) FILING REQUIREMENTS.--Any corporation that wishes to
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obtain credit under this section must submit with its return a
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tax credit certificate approving partial tax credits issued by
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the Department of Environmental Protection under s. 376.30781.
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Section 2. Section 376.30781, Florida Statutes, is amended
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to read:
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376.30781 Partial Tax credits for rehabilitation of
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drycleaning-solvent-contaminated sites and brownfield sites in
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designated brownfield areas; application process; rulemaking
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authority; revocation authority.--
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(1) The Legislature finds that:
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(a) To facilitate property transactions and economic growth
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and development, it is in the state's interest of the state to
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encourage the cleanup, at the earliest possible time, of
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drycleaning-solvent-contaminated sites and brownfield sites in
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designated brownfield areas.
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(b) It is the intent of the Legislature to encourage the
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voluntary cleanup of drycleaning-solvent-contaminated sites and
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brownfield sites in designated brownfield areas by providing a
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partial tax credit for the restoration of such property in
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specified circumstances.
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(2) Notwithstanding subsection (5) the requirements of
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paragraph (5)(a), tax credits allowed pursuant to s. 220.1845 are
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available for any site rehabilitation or solid waste removal
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conducted during the calendar year in which the applicable
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voluntary cleanup agreement or brownfield site rehabilitation
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agreement is executed, even if the site rehabilitation or solid
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waste removal is conducted prior to the execution of that
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agreement or the designation of the brownfield area.
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(3)(a) A credit in the amount of 50 percent of the costs of
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voluntary cleanup activity that is integral to site
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rehabilitation at the following sites is allowed pursuant to s.
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1. A drycleaning-solvent-contaminated site eligible for
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state-funded site rehabilitation under s. 376.3078(3);
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2. A drycleaning-solvent-contaminated site at which site
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rehabilitation cleanup is undertaken by the real property owner
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pursuant to s. 376.3078(11), if the real property owner is not
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also, and has never been, the owner or operator of the
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drycleaning facility where the contamination exists; or
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3. A brownfield site in a designated brownfield area under
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s. 376.80.
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(b) A tax credit applicant, or multiple tax credit
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applicants working jointly to clean up a single site, may not
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receive be granted more than $500,000 per year in tax credits for
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each site voluntarily rehabilitated. Multiple tax credit
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applicants shall be granted tax credits in the same proportion as
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their contribution to payment of site rehabilitation cleanup
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costs. Tax credits are available only for site rehabilitation
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conducted during the calendar year for which the tax credit
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application is submitted. For purposes of this section, the term
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"integral to site rehabilitation" means work that is necessary to
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implement the requirements of chapter 62-785 or chapter 62-782,
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Florida Administrative Code.
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(c) In order to encourage completion of site rehabilitation
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at contaminated sites that are being voluntarily cleaned up and
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that are eligible for a tax credit under this section, the tax
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credit applicant may claim an additional 25 percent of the total
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site rehabilitation cleanup costs, not to exceed $500,000, in the
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final year of cleanup as evidenced by the department of
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Environmental Protection issuing a "No Further Action" order for
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that site.
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(d) In order to encourage the construction of housing that
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meets the definition of affordable provided in s. 420.0004(3), an
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applicant for the tax credit may claim an additional 25 percent
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of the total site rehabilitation costs that are eligible for tax
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credits under this section, not to exceed $500,000. In order To
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receive this additional tax credit, the applicant must provide a
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certification letter from the Florida Housing Finance
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Corporation, the local housing authority, or other governmental
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agency that is a party to the use agreement, indicating that the
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construction on the brownfield site is complete, the brownfield
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site has received a certificate of occupancy, and the brownfield
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site has a properly recorded instrument that limits the use of
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the property to affordable housing that meets the definition of
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affordable provided in s. 420.0004(3). Notwithstanding the
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limitation that only one application may shall be submitted each
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year for each site, an application for the additional credit
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provided for in this paragraph shall be submitted when as soon as
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all requirements to obtain the this additional tax credit have
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been met.
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(e) In order Notwithstanding the restrictions in this
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section that limit tax credit eligibility to costs that are
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integral to site rehabilitation, to encourage the redevelopment
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of a brownfield site, as defined in the brownfield site
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rehabilitation agreement, which is properties in designated
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brownfield areas that are hindered by the presence of solid
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waste, as defined in s. 403.703, costs relating to a tax credit
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applicant may also claim costs to address the solid waste removal
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may also be claimed under this section. A tax credit applicant,
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or multiple tax credit applicants working jointly to clean up a
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single brownfield site, may also claim costs to address the solid
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waste removal, but only those costs to remove, transport, and
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dispose of solid waste in accordance with department rules.
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Multiple tax credit applicants shall be granted tax credits in
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the same proportion as their contribution to payment of solid
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waste removal costs. To receive the credit, These costs are
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eligible for a tax credit provided the applicant must submit
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submits an affidavit stating that, after consultation with
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appropriate local government officials and the department, to the
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best of the applicant's knowledge after consultation with
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appropriate local government officials, the department, and
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available historical records, the brownfield site was never
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operated as a permitted solid waste disposal area or landfill or
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dump site for monetary compensation. The applicant must also
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submit, and submits all other documentation and certifications
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required by this section. Costs claimed for solid waste removal
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under this paragraph shall be treated in the same manner as costs
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claimed for site rehabilitation under this section. In this
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section, where reference is made to "site rehabilitation," the
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department shall instead consider whether the costs claimed are
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for removal, transportation, and disposal of solid waste. Tax
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credit applications claiming costs pursuant to this paragraph are
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shall not be subject to the calendar-year limitation and January
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31 15 annual application deadline, and the department shall
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accept a one-time application filed subsequent to the completion
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by the tax credit applicant of the applicable requirements listed
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in this paragraph. Only one solid waste removal tax credit
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application may be filed per brownfield site and the department
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shall accept the application upon the completion of the
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applicable requirements listed in this section. Tax credit
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applicants may claim 50 percent of the cost for solid waste
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removal, not to exceed $500,000, when the applicant has
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determined solid waste removal is completed for the brownfield
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site. For the purposes of this section, the term:
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1. "Monetary compensation" means that fees were charged or
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assessments were levied for the disposal of solid waste at a
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solid waste disposal area.
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2. "Solid waste disposal area" means a landfill, dump, or
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other area where solid waste has been disposed of.
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3. "Solid waste removal" means removal of solid waste from
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the land surface or excavation of solid waste from below the land
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surface and removal of the solid waste from the brownfield site.
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The term also includes:
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a. Transportation of solid waste to a licensed or exempt
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solid waste management facility or to a temporary storage area;
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b. Sorting or screening of solid waste prior to removal
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from the site; and
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c. Deposition of solid waste at a permitted or exempt solid
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waste management facility, regardless of whether the solid waste
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is disposed of or recycled.
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(f) In order to encourage the construction and operation of
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a new health care facility or a health care provider, as defined
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an applicant for a tax credit may claim an additional 25 percent
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of the total site rehabilitation costs, not to exceed $500,000,
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if the applicant provides documentation indicating that the
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health care facility or health care provider has received a
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certificate of occupancy, or a license or certificate has been
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issued for the operation of the health care facility or health
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care provider.
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(4) The department is of Environmental Protection shall be
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responsible for allocating the tax credits provided for in s.
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220.1845, which may not to exceed a total of $2 million in tax
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credits annually.
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(5) To claim the credit for site rehabilitation or solid
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waste removal conducted during the current calendar year, each
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tax credit applicant must apply to the department of
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Environmental Protection for an allocation of the $2 million
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annual credit by filing a tax credit application with the
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Division of Waste Management January 15 of the following year on
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a form developed by the department of Environmental Protection in
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cooperation with the Department of Revenue. The form shall
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include an affidavit from each tax credit applicant certifying
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that all information contained in the application, including all
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records of costs incurred and claimed in the tax credit
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application, are true and correct. If the application is
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submitted pursuant to subparagraph (3)(a)2., the form must
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include an affidavit signed by the real property owner stating
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that it is not, and has never been, the owner or operator of the
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drycleaning facility where the contamination exists. Approval of
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partial tax credits is must be accomplished on a first-come,
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first-served basis based upon the date and time complete
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applications are received by the Division of Waste Management. A
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tax credit applicant shall submit only one complete application
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per site for each calendar year's site rehabilitation costs.
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Incomplete placeholder applications shall not be accepted and
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will not secure a place in the first-come, first-served
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application line. To be eligible for a tax credit, the tax credit
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applicant must comply with the following:
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(a) For site rehabilitation tax credits, the applicant must
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have entered into a voluntary cleanup agreement with the
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department of Environmental Protection for a drycleaning-solvent-
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contaminated site or a brownfield site rehabilitation agreement,
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as applicable,; and must have paid all deductibles pursuant to s.
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376.3078(3)(e), as applicable. Site rehabilitation tax credit
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applicants shall submit only one complete application per site
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for each calendar year's site rehabilitation costs. Applications
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must be received by the Division of Waste Management by January
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31 of the year following the calendar year for which site
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rehabilitation costs are being claimed in a tax credit
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application.
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(b) For solid waste removal tax credits, the applicant must
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have entered into a brownfield site rehabilitation agreement with
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the department. Solid waste removal tax credit applicants shall
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submit only one complete application per brownfield site, as
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defined in the rehabilitation agreement. Applications must be
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received by the Division of Waste Management subsequent to the
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completion of the requirements listed in paragraph (3)(e). Have
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paid all deductibles pursuant to s. 376.3078(3)(e) for eligible
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drycleaning-solvent-cleanup program sites.
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(6) To obtain the tax credit certificate, a tax credit
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applicant must annually file an application for certification,
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which must be received by the Division of Waste Management of the
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Department of Environmental Protection by January 15 of the year
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following the calendar year for which site rehabilitation costs
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are being claimed in a tax credit application. the tax credit
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applicant must provide all pertinent information requested on the
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tax credit application form, including, at a minimum, the name
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and address of the tax credit applicant and the address and
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tracking identification number of the eligible site. Along with
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the tax credit application form, The tax credit applicant must
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also submit the following:
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(a) A nonrefundable review fee of $250 made payable to the
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Water Quality Assurance Trust Fund to cover the administrative
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costs associated with the department's review of the tax credit
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application;
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(b) Copies of documents that describe the goods or services
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and associated costs being claimed that were integral to site
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rehabilitation, as "site rehabilitation" is defined in ss.
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time period covered by the application. These documents must
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include, but need not be limited to, contract records that
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describe the scope of work performed, payment requests that
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describe the goods or services provided, and payment records
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involving actual costs incurred and paid. This documentation is
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sufficient to demonstrate a link between the contractual records,
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the payment requests, and the payment records for the time period
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covered by the application contracts and documentation of
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contract negotiations, accounts, invoices, sales tickets, or
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other payment records from purchases, sales, leases, or other
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transactions involving actual costs incurred for that tax year
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related to site rehabilitation, as that term is defined in ss.
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(c) Proof that the documentation submitted pursuant to
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paragraph (b) has been reviewed and verified by an independent
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certified public accountant in accordance with standards
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established by the American Institute of Certified Public
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Accountants. Specifically, a certified public accountant's report
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must be submitted and the certified public accountant must attest
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to the accuracy and validity of the costs incurred and paid
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during the period covered in the application by conducting an
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independent review of the data presented by the tax credit
443
applicant. Accuracy and validity of costs incurred and paid shall
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would be determined once the level of effort is was certified by
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an appropriate professional registered in this state in each
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contributing technical discipline. The certified public
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accountant's report must would also attest that the costs
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included in the application form are not duplicated within the
449
application. A copy of the accountant's report shall be submitted
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to the department in addition to the accountant's certification
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form in of Environmental Protection with the tax credit
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application; and
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(d) A certification form stating that site rehabilitation
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activities associated with the documentation submitted pursuant
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to paragraph (b) have been conducted under the observation of,
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and related technical documents have been signed and sealed by,
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an appropriate professional registered in this state in each
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contributing technical discipline. The certification form shall
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be signed and sealed by the appropriate registered professionals
460
stating that the costs incurred were integral, necessary, and
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required for site rehabilitation, as that term is defined in ss.
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activities do not require oversight by a registered technical
464
professional, the certification form is not required as part of
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the tax credit application.
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(7) The certified public accountant and appropriate
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registered professionals submitting forms as part of a tax credit
468
application must verify such forms by completing and signing the
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appropriate certifications included in the application form.
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Verification shall must be accomplished as provided in s.
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(8) The department of Environmental Protection shall review
473
the tax credit application and any supplemental documentation
474
that the tax credit applicant may submit prior to the annual
475
application deadline, if applicable, for completeness and
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eligibility. in order to have the application
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(a) To be considered complete, the review must verify for
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the purpose of verifying that the tax credit applicant has met
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the appropriate qualifying criteria in subsections (3) and (5),
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and has submitted the application form, and has addressed each of
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the categories of submittals all required documentation listed in
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subsection (6). Upon verification that the tax credit applicant
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has met these completeness requirements, the tax credit
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application shall secure a place in the first-come, first-served
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application line. If the department determines that an
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application is incomplete, the applicant shall be notified in
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writing and shall have 30 days to correct any deficiencies. Upon
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timely correction of the deficiency, the tax credit application
489
shall secure a place in the first-come, first-served application
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line. Tax credit applications may not be altered to claim
491
additional costs during this time.
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(b) For costs to be eligible, the review must verify that
493
the work claimed was integral to site rehabilitation or was for
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solid waste removal, that the work claimed was performed in the
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applicable timeframe, and that the costs claimed were properly
496
documented. Upon verification, the department shall issue a
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written decision granting eligibility for partial tax credits (a
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tax credit certificate). Complete tax credit applications shall
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be reviewed for eligible costs, in conjunction with in the amount
500
of 50 percent of the total costs claimed, subject to the $500,000
501
limitation, for the calendar year for which the tax credit
502
application is submitted based on the report of the certified
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public accountant, and the certifications from the appropriate
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registered technical professionals, as applicable.
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(9) On or before May 1 March 31, the department of
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Environmental Protection shall inform each eligible tax credit
507
applicant, subject to the January 31 annual application deadline,
508
of its eligibility status and the amount of any its partial tax
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credit due. The department shall and provide each eligible tax
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credit applicant with a tax credit certificate that must be
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submitted with its tax return to the Department of Revenue to
512
claim the tax credit or to have the credit be transferred
514
deadline for annual site rehabilitation tax credit certificate
515
awards does not apply to any tax credit application for which the
516
department issued a notice of deficiency pursuant to subsection
517
(8). The department shall respond within 90 days after receipt of
518
a response from the tax credit applicant to the notice of
519
deficiency. Credits will not result in the payment of refunds if
520
total credits exceed the amount of tax owed.
521
(10) For solid waste removal, a new health care facility or
522
health care provider, or affordable housing tax credit
523
applications, the department shall inform the applicant of the
524
department's determination within 90 days after the application
525
has been deemed complete. Each eligible tax credit applicant
526
shall be informed of the amount of its tax credit and provided
527
with a tax credit certificate that must be submitted with its tax
528
return to the Department of Revenue to claim the tax credit or to
529
have the tax credit transferred pursuant to s. 220.1845(1)(g).
530
Tax refunds may not be paid on credits that exceed the amount of
531
tax owed.
532
(11)(10) If a tax credit applicant does not receive a tax
533
credit allocation due to an exhaustion of the $2 million annual
534
tax credit authorization, such application will then be included
535
in the same first-come, first-served order in the next year's
536
annual tax credit allocation, if any, based on the prior year
537
application.
538
(12)(11) The department of Environmental Protection may
539
adopt rules to prescribe the necessary forms for claiming
540
required to claim tax credits under this section and to provide
541
the administrative guidelines and procedures required to
542
administer this section.
543
(13)(12) The department of Environmental Protection may
544
revoke or modify any written decision granting eligibility for
545
partial tax credits under this section if it is discovered that
546
the tax credit applicant submitted any false statement,
547
representation, or certification in any application, record,
548
report, plan, or other document filed in an attempt to receive
549
partial tax credits under this section. The department of
550
Environmental Protection shall immediately notify the Department
551
of Revenue of any revoked or modified orders affecting previously
552
granted partial tax credits. Additionally, the tax credit
553
applicant must notify the Department of Revenue of any change in
554
its tax credit claimed.
555
(14)(13) Tax credits are subject to the following
556
limitations:
557
(a) A tax credit applicant who receives state-funded site
558
rehabilitation under s. 376.3078(3) for rehabilitation of a
559
drycleaning-solvent-contaminated site is ineligible to receive a
560
tax credit under s. 220.1845 for costs incurred by the tax credit
561
applicant in conjunction with the rehabilitation of that site
562
during the same time period that state-administered site
563
rehabilitation is was underway.
564
(b) Tax credits for site rehabilitation awarded pursuant to
565
paragraphs (3)(b), (c), (d), and (f) are additive; however, the
566
total tax credit award may not exceed 100 percent of the costs
567
incurred and paid by the applicant.
568
(c) A single brownfield site may receive tax credits for
569
eligible site rehabilitation and eligible solid waste removal
570
costs if the costs are claimed only once per site.
571
(d) For purposes of this section, costs incurred that are
572
not considered integral to site rehabilitation include, but are
573
not limited to, brownfield area designation costs and tax credit
574
application preparation and submittal costs.
575
(e) If, pursuant to subsection (9), the department notifies
576
an applicant that any claimed costs are ineligible, those costs
577
may not be allocated against the annual tax credit authorization,
578
and any disputed costs may not delay the application processing
579
or award for subsequent eligible tax credit applicants in the
580
first-come, first-served application line. However, if the
581
department subsequently agrees to award tax credits on an amount
582
that was in dispute, it shall do so based upon the first-come,
583
first-served application line determined by the applicant's
584
original completeness date and time if there is any tax credit
585
authorization available. If a tax credit applicant does not
586
receive an award for the disputed costs due to an exhaustion of
587
the annual tax credit authorization, such subsequent tax credit
588
award shall be included in the same first-come, first-served
589
order in next year's annual tax credit allocation, if any, based
590
on the applicant's original completeness date and time.
591
Section 3. Section 376.77, Florida Statutes, is amended to
592
read:
594
may be cited as the "Brownfields Redevelopment Act."
595
Section 4. Section 376.79, Florida Statutes, is amended to
596
read:
597
376.79 Definitions relating to Brownfields Redevelopment
599
(1) "Additive effects" means a scientific principle that
600
the toxicity that occurs as a result of exposure is the sum of
601
the toxicities of the individual chemicals to which the
602
individual is exposed.
603
(2) "Antagonistic effects" means a scientific principle
604
that the toxicity that occurs as a result of exposure is less
605
than the sum of the toxicities of the individual chemicals to
606
which the individual is exposed.
607
(3) "Brownfield sites" means real property, the expansion,
608
redevelopment, or reuse of which may be complicated by actual or
609
perceived environmental contamination.
610
(4) "Brownfield area" means a contiguous area of one or
611
more brownfield sites, some of which may not be contaminated, and
612
which has been designated by a local government by resolution.
613
Such areas may include all or portions of community redevelopment
614
areas, enterprise zones, empowerment zones, other such designated
615
economically deprived communities and areas, and Environmental
616
Protection Agency-designated brownfield pilot projects.
617
(5) "Contaminant" means any physical, chemical, biological,
618
or radiological substance present in any medium which may result
619
in adverse effects to human health or the environment or which
620
creates an adverse nuisance, organoleptic, or aesthetic condition
621
in groundwater.
622
(6) "Contaminated site" means any contiguous land sediment,
623
surface water, or groundwater areas that contain contaminants
624
that may be harmful to human health or the environment.
625
(7) "Department" means the Department of Environmental
626
Protection.
627
(8) "Engineering controls" means modifications to a site to
628
reduce or eliminate the potential for exposure to petroleum
629
products' chemicals of concern, drycleaning solvents, or other
630
contaminants. Such modifications may include, but are not limited
631
to, physical or hydraulic control measures, capping, point of use
632
treatments, or slurry walls.
633
(9) "Environmental justice" means the fair treatment of all
634
people of all races, cultures, and incomes with respect to the
635
development, implementation, and enforcement of environmental
636
laws, regulations, and policies.
637
(10) "Institutional controls" means the restriction on use
638
of or access to a site to eliminate or minimize exposure to
639
petroleum products' chemicals of concern, drycleaning solvents,
640
or other contaminants. Such restrictions may include, but are not
641
limited to, deed restrictions, restrictive covenants, or
642
conservation easements.
643
(11) "Local pollution control program" means a local
644
pollution control program that has received delegated authority
645
from the department of Environmental Protection under ss.
647
(12) "Natural attenuation" means a verifiable approach to
648
site rehabilitation which allows natural processes to contain the
649
spread of contamination and reduce the concentrations of
650
contaminants in contaminated groundwater and soil. Natural
651
attenuation processes may include sorption, biodegradation,
652
chemical reactions with subsurface materials, diffusion,
653
dispersion, and volatilization.
654
(13) "Person responsible for brownfield site
655
rehabilitation" means the individual or entity that is designated
656
by the local government to enter into the brownfield site
657
rehabilitation agreement with the department or an approved local
658
pollution control program and enters into an agreement with the
659
local government for redevelopment of the site.
660
(14) "Person" means any individual, partner, joint venture,
661
or corporation; any group of the foregoing, organized or united
662
for a business purpose; or any governmental entity.
663
(15) "Risk reduction" means the lowering or elimination of
664
the level of risk posed to human health or the environment
665
through interim remedial actions, remedial action, or
666
institutional, and if appropriate, engineering controls.
667
(16) "Secretary" means the secretary of the Department of
668
Environmental Protection.
669
(17) "Site rehabilitation" means the assessment of site
670
contamination and the remediation activities that reduce the
671
levels of contaminants at a site through accepted treatment
672
methods to meet the cleanup target levels established for that
673
site. For purposes of sites subject to the Resource Conservation
674
and Recovery Act, the term includes removal, decontamination, and
675
corrective action of releases of hazardous substances.
676
(18) "Source removal" means the removal of free product, or
677
the removal of contaminants from soil or sediment that has been
678
contaminated to the extent that leaching to groundwater or
679
surface water has occurred or is occurring.
680
(19) "Synergistic effects" means a scientific principle
681
that the toxicity that occurs as a result of exposure is more
682
than the sum of the toxicities of the individual chemicals to
683
which the individual is exposed.
684
Section 5. Section 376.80, Florida Statutes, is amended to
685
read:
686
376.80 Brownfield program administration process.--
687
(1) A local government that has with jurisdiction over the
688
brownfield area must notify the department of its decision to
689
designate a brownfield area for site rehabilitation purposes for
691
a resolution, by the local government body, to which is attached
692
a map adequate to clearly delineate exactly which parcels are to
693
be included in the brownfield area or alternatively a less-
694
detailed map accompanied by a detailed legal description of the
695
brownfield area. If a property owner within the proposed area
696
proposed for designation by the local government requests in
697
writing to have his or her property removed from the proposed
698
designation, the local government shall grant the request.
699
(a) For municipalities, the governing body shall adopt the
700
resolution in accordance with the procedures outlined in s.
701
166.041, except that the notice for the public hearings on the
702
proposed resolution must be in the form established in s.
703
166.041(3)(c)2.
704
(b) For counties, the governing body shall adopt the
705
resolution in accordance with the procedures outlined in s.
706
125.66, except that the notice for the public hearings on the
707
proposed resolution shall be in the form established in s.
708
125.66(4)(b)2.
709
(2)(a) If a local government proposes to designate a
710
brownfield area that is outside community redevelopment areas,
711
enterprise zones, empowerment zones, closed military bases, or
712
designated brownfield pilot project areas, the local government
713
must adopt the resolution and conduct the public hearings in
714
accordance with the requirements of subsection (1) except that
715
conduct at least one of the required public hearings must be
716
conducted as close as reasonably practicable to hearing in the
717
area to be designated to provide an opportunity for public input
718
on the size of the area, the objectives for rehabilitation, job
719
opportunities and economic developments anticipated, neighborhood
720
residents' considerations, and other relevant local concerns.
721
Notice of the public hearing must be made in a newspaper of
722
general circulation in the area, and the notice must be at least
723
16 square inches in size, must be in ethnic newspapers or local
724
community bulletins, must be posted in the affected area, and
725
must be announced at a scheduled meeting of the local governing
726
body before the actual public hearing.
727
(a) In determining the areas to be designated, the local
728
government shall must consider:
729
1. Whether the brownfield area warrants economic
730
development and has a reasonable potential for such activities;
731
2. Whether the proposed area to be designated represents a
732
reasonably focused approach and is not overly large in geographic
733
coverage;
734
3. Whether the area has potential to interest the private
735
sector in participating in rehabilitation; and
736
4. Whether the area contains sites or parts of sites
737
suitable for limited recreational open space, cultural, or
738
historical preservation purposes.
739
(b) A local government shall designate a brownfield area if
740
under the provisions of this act provided that:
741
1. A person who owns or controls a potential brownfield
742
site is requesting the designation and has agreed to rehabilitate
743
and redevelop the brownfield site;
744
2. The rehabilitation and redevelopment of the proposed
745
brownfield site will result in economic productivity in of the
746
area, along with the creation of at least 5 new permanent jobs at
747
the brownfield site which are full-time equivalent positions not
748
associated with the implementation of the brownfield site
749
rehabilitation agreement and which are not associated with
750
redevelopment project demolition or construction activities
751
pursuant to the redevelopment of the proposed brownfield area
752
agreement required under paragraph (5)(i). However, The job
753
creation requirement is shall not applicable apply to the
754
rehabilitation and redevelopment of a brownfield site that will
755
provide affordable housing that meets the definition of
757
or the creation of recreational areas, conservation areas, or
758
parks;
759
3. The redevelopment of the proposed brownfield site is
760
consistent with the local comprehensive plan and is a permittable
761
use under the applicable local land development regulations;
762
4. Notice of the proposed rehabilitation of the brownfield
763
area has been provided to neighbors and nearby residents of the
764
proposed area to be designated, and the person proposing the area
765
for designation has afforded to those receiving notice the
766
opportunity for comments and suggestions about rehabilitation.
767
Notice pursuant to this subsection must be made in a newspaper of
768
general circulation in the area, be at least 16 square inches in
769
size, and the notice must be posted in the affected area; and
770
5. The person proposing the area for designation has
771
provided reasonable assurance that he or she has sufficient
772
financial resources to implement and complete the rehabilitation
773
agreement and redevelopment of the brownfield site plan.
774
(c) The designation of a brownfield area and the
775
identification of a person responsible for brownfield site
776
rehabilitation simply entitles the identified person to negotiate
777
a brownfield site rehabilitation agreement with the department or
778
approved local pollution control program.
779
(3) If When there is a person responsible for brownfield
780
site rehabilitation, the local government must notify the
781
department of the identity of that person. If the agency or
782
person who will be responsible for the coordination changes
783
during the approval process specified in subsections (4), (5),
784
and (6), the department or the affected approved local pollution
785
control program must notify the affected local government when
786
the change occurs.
787
(4) Local governments or persons responsible for
788
rehabilitation and redevelopment of brownfield areas must
789
establish an advisory committee or use an existing advisory
790
committee that has formally expressed its intent to address
791
redevelopment of the specific brownfield area for the purpose of
792
improving public participation and receiving public comments on
793
rehabilitation and redevelopment of the brownfield area, future
794
land use, local employment opportunities, community safety, and
795
environmental justice. The Such advisory committee should include
796
residents within or adjacent to the brownfield area, businesses
797
operating within the brownfield area, and others deemed
798
appropriate. The person responsible for brownfield site
799
rehabilitation must notify the advisory committee of the intent
800
to rehabilitate and redevelop the site before executing the
801
brownfield site rehabilitation agreement, and provide the
802
committee with a copy of the draft plan for site rehabilitation
803
which addresses elements required by subsection (5). This
804
includes disclosing potential reuse of the property as well as
805
site rehabilitation activities, if any, to be performed. The
806
advisory committee shall review any the proposed redevelopment
807
agreements prepared agreement required pursuant to paragraph
808
(5)(i) and provide comments, if appropriate, to the board of the
809
local government that has with jurisdiction over the brownfield
810
area. The advisory committee must receive a copy of the executed
811
brownfield site rehabilitation agreement. When the person
812
responsible for brownfield site rehabilitation submits a site
813
assessment report or the technical document containing the
814
proposed course of action following site assessment to the
815
department or the local pollution control program for review, the
816
person responsible for brownfield site rehabilitation must hold a
817
meeting or attend a regularly scheduled meeting to inform the
818
advisory committee of the findings and recommendations in the
819
site assessment report or the technical document containing the
820
proposed course of action following site assessment.
821
(5) The person responsible for brownfield site
822
rehabilitation must enter into a brownfield site rehabilitation
823
agreement with the department or an approved local pollution
824
control program if actual contamination exists at the brownfield
825
site. The brownfield site rehabilitation agreement must include:
826
(a) A brownfield site rehabilitation schedule, including
827
milestones for completion of site rehabilitation tasks and
828
submittal of technical reports and rehabilitation plans as agreed
829
upon by the parties to the agreement.;
830
(b) A commitment to conduct site rehabilitation activities
831
under the observation of professional engineers or geologists who
832
are registered in accordance with the requirements of chapter 471
833
or chapter 492, respectively. Submittals provided by the person
834
responsible for brownfield site rehabilitation must be signed and
835
sealed by a professional engineer registered under chapter 471,
836
or a professional geologist registered under chapter 492,
837
certifying that the submittal and associated work comply with the
838
law and rules of the department and those governing the
839
profession. In addition, Upon completion of the approved remedial
840
action, the department shall require a professional engineer
841
registered under chapter 471 or a professional geologist
842
registered under chapter 492 must to certify that the corrective
843
action was, to the best of his or her knowledge, completed in
844
substantial conformance with the plans and specifications
845
approved by the department.;
846
(c) A commitment to conduct site rehabilitation in
847
accordance with department quality assurance rules.;
848
(d) A commitment to conduct site rehabilitation consistent
849
with state, federal, and local laws and consistent with the
850
brownfield site contamination cleanup criteria in s. 376.81,
851
including any applicable requirements for risk-based corrective
852
action.;
853
(e) Timeframes for the department's review of technical
854
reports and plans submitted in accordance with the agreement. The
855
department shall make every effort to adhere to established
856
agency goals for reasonable timeframes for review of such
857
documents.;
858
(f) A commitment to secure site access for the department
859
or approved local pollution control program to all brownfield
860
sites within the eligible brownfield area for activities
861
associated with site rehabilitation.;
862
(g) Other provisions that the person responsible for
863
brownfield site rehabilitation and the department agree upon,
865
that will improve or enhance the brownfield site rehabilitation
866
process.;
867
(h) A commitment to consider appropriate pollution
868
prevention measures and to implement those that the person
869
responsible for brownfield site rehabilitation determines are
870
reasonable and cost-effective, taking into account the ultimate
871
use or uses of the brownfield site. Such measures may include
872
improved inventory or production controls and procedures for
873
preventing loss, spills, and leaks of hazardous waste and
874
materials, and include goals for the reduction of releases of
875
toxic materials.; and
876
(i) Certification that the person responsible for
877
brownfield site rehabilitation has consulted with an agreement
878
exists between the person responsible for brownfield site
879
rehabilitation and the local government having with jurisdiction
880
over the brownfield area concerning the proposed redevelopment
881
for the brownfield site, that the local government is in
882
agreement with or approves the proposed redevelopment, and that
883
the proposed redevelopment complies with all applicable laws and
884
requirements for such redevelopment. Certification includes:
885
1. Referencing or providing a legally recorded or
886
officially approved land use or site map or plan, a development
887
order or approval, a building permit, or a similar official
888
document issued by the local government which reflects the local
889
government's approval of the proposed redevelopment of the
890
brownfield site;
891
2. Providing a copy of the local government resolution
892
designating the brownfield area that contains the proposed
893
redevelopment of the brownfield site; or
894
3. Providing a letter from the local government that
895
describes the proposed redevelopment of the brownfield site and
896
expresses the local government's agreement with or approval of
897
the proposed redevelopment. Such agreement shall contain terms
898
for the redevelopment of the brownfield area.
899
(6) Any contractor performing site rehabilitation program
900
tasks must demonstrate to the department that the contractor:
901
(a) Meets all certification and license requirements
902
imposed by law; and
903
(b) Intends to conduct Has obtained the necessary approvals
904
for conducting sample collection and analyses pursuant to
905
department rules.
906
(7) The contractor who is performing the majority of the
907
site rehabilitation program tasks pursuant to a brownfield site
908
rehabilitation agreement or supervising the performance of such
909
tasks by licensed subcontractors in accordance with the
910
provisions of s. 489.113(9) must certify to the department that
911
the contractor:
912
(a) Complies with applicable OSHA regulations.
913
(b) Maintains workers' compensation insurance for all
914
employees as required by the Florida Workers' Compensation Law.
915
(c) Maintains comprehensive general liability coverage with
916
limits of not less than $1 million per occurrence and $2 million
917
general aggregate for bodily injury and property damage and
918
comprehensive automobile liability coverage with limits of not
919
less than $1 million combined single limit. The contractor shall
920
also maintain pollution liability coverage with limits of not
921
less than $3 million aggregate for personal injury or death, $1
922
million per occurrence for personal injury or death, and $1
923
million per occurrence for property damage. The contractor's
924
certificate of insurance shall name the state as an additional
925
insured party.
926
(d) Maintains professional liability insurance of at least
927
$1 million per claim and $1 million annual aggregate.
928
(8) Any professional engineer or geologist providing
929
professional services relating to site rehabilitation program
930
tasks must carry professional liability insurance with a coverage
931
limit of at least $1 million.
932
(7)(9) During the cleanup process, if the department or
933
local program fails to complete review of a technical document
934
within the timeframe specified in the brownfield site
935
rehabilitation agreement, the person responsible for brownfield
936
site rehabilitation may proceed to the next site rehabilitation
937
task. However, the person responsible for brownfield site
938
rehabilitation does so at its own risk and may be required by the
939
department or local program to complete additional work on a
940
previous task. Exceptions to this subsection include requests for
941
"no further action," "monitoring only proposals," and feasibility
942
studies, which must be approved before prior to implementation.
943
(8)(10) If the person responsible for brownfield site
944
rehabilitation fails to comply with the brownfield site
945
rehabilitation agreement, the department shall allow 90 days for
946
the person responsible for brownfield site rehabilitation up to
947
90 days to return to compliance with the provision at issue or to
948
negotiate a modification to the brownfield site rehabilitation
949
agreement with the department for good cause shown. If an
950
imminent hazard exists, the 90-day grace period does shall not
951
apply. If the project is not returned to compliance with the
952
brownfield site rehabilitation agreement and a modification
953
cannot be negotiated, the immunity provisions of s. 376.82 are
954
revoked.
955
(9)(11) The department is specifically authorized and
956
encouraged to enter into delegation agreements with local
957
pollution control programs approved under s. 403.182 to
958
administer the brownfield program within their jurisdictions,
959
thereby maximizing the integration of this process with the other
960
local development processes needed to facilitate redevelopment of
961
a brownfield area. When determining whether a delegation pursuant
962
to this subsection of all or part of the brownfield program to a
963
local pollution control program is appropriate, the department
964
shall consider the following. The local pollution control program
965
must:
966
(a) Have and maintain the administrative organization,
967
staff, and financial and other resources to effectively and
968
efficiently implement and enforce the statutory requirements of
969
the delegated brownfield program; and
970
(b) Provide for the enforcement of the requirements of the
971
delegated brownfield program, and for notice and a right to
972
challenge governmental action, by appropriate administrative and
973
judicial process, which shall be specified in the delegation.
974
975
A The local pollution control program may shall not be delegated
976
authority to take action on or to make decisions regarding any
977
brownfield site on land owned by the local government. A Any
978
delegation agreement entered into pursuant to this subsection
979
must shall contain such terms and conditions necessary to ensure
980
the effective and efficient administration and enforcement of the
981
statutory requirements of the brownfield program as established
982
by the act and the relevant rules and other criteria of the
983
department.
984
(10)(12) Local governments are encouraged to use the full
985
range of economic and tax incentives available to facilitate and
986
promote the rehabilitation of brownfield areas, to help eliminate
987
the public health and environmental hazards, and to promote the
988
creation of jobs and economic development in these previously
989
run-down, blighted, and underutilized areas.
990
(11)(a) The Legislature finds and declares the following:
991
1. Brownfield site rehabilitation and redevelopment can
992
improve the health of a community and improve the quality of life
993
for communities, including the individuals living in such
994
communities;
995
2. The benefits of brownfield site rehabilitation and
996
redevelopment on community health should be better measured in
997
order to achieve the legislative intent expressed in s. 376.78;
998
3. There is a need in this state to define and better
999
measure the community health benefits of brownfield site
1000
rehabilitation and redevelopment; and
1001
4. Funding sources should be established to support efforts
1002
by the state and local governments, in collaboration with local
1003
health departments, community health providers, and nonprofit
1004
organizations, to evaluate the benefits of brownfield site
1005
rehabilitation and redevelopment on community health.
1006
(b) Local governments are authorized and encouraged to
1007
evaluate the community health benefits and effects of brownfield
1008
site rehabilitation and redevelopment in connection with
1009
brownfield areas within their jurisdiction. Measures that may be
1010
evaluated and monitored before and after brownfield site
1011
rehabilitation and redevelopment, include, but are not limited
1012
to:
1013
1. Health status, disease distribution, and quality of life
1014
measures for populations living in or around brownfield sites
1015
that have been rehabilitated and redeveloped;
1016
2. Access to primary and other health care or health
1017
services for persons living in or around brownfield sites that
1018
have been rehabilitated and redeveloped;
1019
3. New or increased access to open, green, park, or other
1020
spaces that provide recreational opportunities for individuals
1021
living in or around brownfield sites that have been rehabilitated
1022
and redeveloped; and
1023
4. Other factors described in rules adopted by the
1024
department and the Department of Health, as applicable.
1025
(c) The Department of Health is authorized and encouraged,
1026
in collaboration with local health departments, community health
1027
providers, and nonprofit organizations, to assist local
1028
governments in their evaluation of the health benefits of
1029
brownfield site rehabilitation and redevelopment.
1030
Section 6. Subsection (1), paragraphs (d) and (f) of
1031
subsection (2), and subsection (3) of section 376.82, Florida
1032
Statutes, are amended to read:
1033
376.82 Eligibility criteria and liability protection.--
1034
(1) ELIGIBILITY.--Any person who has not caused or
1035
contributed to the contamination of a brownfield site on or after
1036
July 1, 1997, is eligible to participate in the brownfield
1038
to the following:
1039
(a) Potential brownfield sites that are subject to an
1040
ongoing formal judicial or administrative enforcement action or
1041
corrective action pursuant to federal authority, including, but
1042
not limited to, the Comprehensive Environmental Response
1043
Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as
1044
amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f-300i, as
1045
amended; the Clean Water Act, 33 U.S.C. ss. 1251-1387, as
1046
amended; or under an order from the United States Environmental
1047
Protection Agency pursuant to 42 U.S.C. s. 6928(h) s. 3008(h) of
1048
the Resource Conservation and Recovery Act, as amended (42
1049
U.S.C.A. s. 6928(h)); or that have obtained or are required to
1050
obtain a permit for the operation of a hazardous waste treatment,
1051
storage, or disposal facility; a postclosure permit; or a permit
1052
pursuant to the federal Hazardous and Solid Waste Amendments of
1053
1984, are not eligible for participation unless specific
1054
exemptions are secured by a memorandum of agreement with the
1055
United States Environmental Protection Agency pursuant to
1056
paragraph (2)(g). A brownfield site within an eligible brownfield
1057
area that subsequently becomes subject to formal judicial or
1058
administrative enforcement action or corrective action under such
1059
federal authority shall have its eligibility revoked unless
1060
specific exemptions are secured by a memorandum of agreement with
1061
the United States Environmental Protection Agency pursuant to
1062
paragraph (2)(g).
1063
(b) Persons who have not caused or contributed to the
1064
contamination of a brownfield site on or after July 1, 1997, and
1065
who, prior to the department's approval of a brownfield site
1066
rehabilitation agreement, are subject to ongoing corrective
1067
action or enforcement under state authority established in this
1068
chapter or chapter 403, including those persons subject to a
1069
pending consent order with the state, are eligible for
1070
participation in a brownfield site rehabilitation agreement if:
1071
1. The proposed brownfield site is currently idle or
1072
underutilized as a result of the contamination, and participation
1073
in the brownfield program shall will immediately, after cleanup
1074
or sooner, result in increased economic productivity at the site,
1075
including at a minimum the creation of 10 new permanent jobs,
1076
whether full-time or part-time, which are not associated with
1077
implementation of the brownfield site rehabilitation agreement;
1078
and
1079
2. The person is complying in good faith with the terms of
1080
an existing consent order or department-approved corrective
1081
action plan, or responding in good faith to an enforcement
1082
action, as evidenced by a determination issued by the department
1083
or an approved local pollution control program.
1084
(c) Potential brownfield sites owned by the state or a
1085
local government which contain contamination for which a
1086
governmental entity is potentially responsible and which are
1087
already designated as federal brownfield pilot projects or have
1088
filed an application for designation to the United States
1089
Environmental Protection Agency are eligible for participation in
1090
a brownfield site rehabilitation agreement.
1091
(d) After July 1, 1997, petroleum and drycleaning
1092
contamination sites may shall not receive both restoration
1093
funding assistance available for the discharge under this chapter
1094
and any state assistance available under s. 288.107. Sections
1096
criteria, priority ranking, and other rights and obligations
1097
inherent in petroleum contamination and drycleaning contamination
1099
of economic incentives otherwise provided for by law.
1100
(2) LIABILITY PROTECTION.--
1101
(d) The liability protection provided under this section is
1102
shall become effective upon execution of a brownfield site
1103
rehabilitation agreement and shall remain effective if, provided
1104
the person responsible for brownfield site rehabilitation
1105
complies with the terms of the site rehabilitation agreement. Any
1106
statute of limitations that bars would bar the department from
1107
pursuing relief in accordance with its existing authority is
1108
tolled from the time the agreement is executed until site
1109
rehabilitation is completed or immunity is revoked pursuant to s.
1111
(f) Compliance with the agreement referenced in s.
1112
376.80(5)(i) must be evidenced by a finding by the local
1113
government with jurisdiction as provided in s. 376.80(5)(i) over
1114
the brownfield area that the terms of the agreement have been
1115
met.
1116
(3) REOPENERS.--Upon completion of site rehabilitation in
1118
site rehabilitation is shall be required unless it is
1119
demonstrated:
1120
(a) That fraud was committed in demonstrating site
1121
conditions or completion of site rehabilitation;
1122
(b) That new information confirms the existence of an area
1123
of previously unknown contamination which exceeds the site-
1124
specific rehabilitation levels established in accordance with s.
1125
376.81, or which otherwise poses the threat of real and
1126
substantial harm to public health, safety, or the environment in
1128
(c) That the remediation efforts failed to achieve the site
1129
rehabilitation criteria established under s. 376.81;
1130
(d) That the level of risk is increased beyond the
1131
acceptable risk established under s. 376.81 due to substantial
1132
changes in exposure conditions, such as a change in land use from
1133
nonresidential to residential use. Any person who changes the
1134
land use of the brownfield site thus causing the level of risk to
1135
increase beyond the acceptable risk level may be required by the
1136
department to undertake additional remediation measures to assure
1137
that human health, public safety, and the environment are
1138
protected to levels consistent with s. 376.81; or
1139
(e) That a new release occurs at the brownfield site
1140
subsequent to a determination of eligibility for participation in
1141
the brownfield program established under s. 376.80.
1142
Section 7. Subsection (1) of section 376.83, Florida
1143
Statutes, is amended to read:
1144
376.83 Violation; penalties.--
1146
and it is prohibited for any person, to knowingly make any false
1147
statement, representation, or certification in any application,
1148
record, report, plan, or other document filed or required to be
1149
maintained, or to falsify, tamper with, or knowingly render
1150
inaccurate any monitoring device or method required to be
1152
permit, rule, or order issued under this chapter or chapter 403.
1153
Section 8. Subsections (1) and (2) of section 376.86,
1154
Florida Statutes, are amended, to read:
1155
376.86 Brownfield Areas Loan Guarantee Program.--
1156
(1) The Brownfield Areas Loan Guarantee Council is created
1157
to review and approve or deny by a majority vote of its
1158
membership, the situations and circumstances for participating
1159
participation in partnerships by agreements with local
1160
governments, financial institutions, and others associated with
1161
the redevelopment of brownfield areas pursuant to the Brownfields
1162
Redevelopment Act for a limited state guaranty of up to 5 years
1163
of loan guarantees or loan loss reserves issued pursuant to law.
1164
The limited state loan guaranty applies only to 50 percent of the
1165
primary lenders loans for redevelopment projects in brownfield
1166
areas. If the redevelopment project is for affordable housing, as
1167
defined in s. 420.0004(3), in a brownfield area, the limited
1168
state loan guaranty applies to 75 percent of the primary lender's
1169
loan. If the redevelopment project includes the construction and
1170
operation of a new health care facility or a health care
1172
a brownfield site and the applicant has obtained documentation of
1173
occupancy or the issuance of a license or certificate in
1174
accordance with s. 376.30781, the limited state loan guaranty
1175
applies to 75 percent of the primary lender's loan. A limited
1176
state guaranty of private loans or a loan loss reserve is
1177
authorized for lenders licensed to operate in the state upon a
1178
determination by the council that such an arrangement would be in
1179
the public interest and the likelihood of the success of the loan
1180
is great.
1181
(2) The council shall consist of the secretary of the
1182
department of Environmental Protection or the secretary's
1183
designee, the secretary of the Department of Community Affairs or
1184
the secretary's designee, the State Surgeon General of the
1185
Department of Health or the State Surgeon General's designee, the
1186
Executive Director of the State Board of Administration or the
1187
executive director's designee, the Executive Director of the
1188
Florida Housing Finance Corporation or the executive director's
1189
designee, and the Director of the Governor's Office of Tourism,
1190
Trade, and Economic Development or the director's designee. The
1191
chairperson of the council shall be the Director of the
1192
Governor's Office of Tourism, Trade, and Economic Development.
1193
Staff services for activities of the council shall be provided as
1194
needed by the member agencies.
1195
Section 9. Subsection (1) of section 163.3221, Florida
1196
Statutes, is amended to read:
1197
163.3221 Florida Local Government Development Agreement
1199
(1) "Brownfield designation" means a resolution adopted by
1200
a local government pursuant to s. 376.80 the Brownfields
1202
Section 10. This act shall take effect July 1, 2008, and
1203
shall operate retroactively to January 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.