HB 1177

1	A bill to be entitled
2	An act relating to brownfields development; amending s.
3	163.3180, F.S.; authorizing waiver of certain concurrency
4	requirements for certain brownfield sites; authorizing
5	designation of certain brownfield areas as transportation
6	concurrency exception areas; providing for exempting
7	certain brownfield areas from concurrency requirements for
8	transportation facilities; exempting certain developments
9	in certain brownfield areas from compliance with
10	concurrency requirements under certain circumstances;
11	amending s. 212.08, F.S.; expanding the definition of
12	"mixed-use project" applicable to a building materials tax
13	exemption; amending s. 220.1845, F.S.; providing
14	requirements for claiming certain site rehabilitation
15	costs in applications for a contaminated site
16	rehabilitation tax credit; amending s. 288.107, F.S.;
17	revising a definition; revising criteria for an eligible
18	business for purposes of brownfield redevelopment bonus
19	refunds; amending s. 376.30781, F.S.; providing
20	requirements for claiming certain site rehabilitation
21	costs in applications for a brownfield site rehabilitation
22	tax credit; amending s. 376.85, F.S.; specifying
23	additional requirements for an annual report to the
24	Legislature; amending s. 403.1835, F.S.; specifying
25	criteria for deeming certain brownfield site projects as
26	eliminating public health hazards for certain purposes;
27	amending s. 403.8532, F.S.; expanding the types of
28	projects given consideration under a priority system for
29	certain loans under the Florida Safe Drinking Water Act;
30	providing an effective date.
31
32	Be It Enacted by the Legislature of the State of Florida:
33
34	Section 1.  Paragraph (c) of subsection (4) and paragraphs
35	(b) and (c) of subsection (5) of section 163.3180, Florida
36	Statutes, are amended, and subsection (18) is added to that
37	section, to read:
38	163.3180  Concurrency.-
39	(4)
40	(c)  The concurrency requirement, except as it relates to
41	transportation facilities and public schools, as implemented in
42	local government comprehensive plans, may be waived by a local
43	government for urban infill and redevelopment areas designated
44	pursuant to s. 163.2517 and for brownfield sites subject to a
45	brownfield site rehabilitation agreement under s. 376.80 if such
46	a waiver does not endanger public health or safety as defined by
47	the local government in its local government comprehensive plan.
48	The waiver shall be adopted as a plan amendment pursuant to the
49	process set forth in s. 163.3187(3)(a). A local government may
50	grant a concurrency exception pursuant to subsection (5) for
51	transportation facilities located within these urban infill and
52	redevelopment areas.
53	(5)
54	(b)1.  The following are transportation concurrency
55	exception areas:
56	a.  A municipality that qualifies as a dense urban land
57	area under s. 163.3164;
58	b.  An urban service area under s. 163.3164 that has been
59	adopted into the local comprehensive plan and is located within
60	a county that qualifies as a dense urban land area under s.
61	163.3164; and
62	c.  A county, including the municipalities located therein,
63	which has a population of at least 900,000 and qualifies as a
64	dense urban land area under s. 163.3164, but does not have an
65	urban service area designated in the local comprehensive plan.
66	2.  A municipality that does not qualify as a dense urban
67	land area pursuant to s. 163.3164 may designate in its local
68	comprehensive plan the following areas as transportation
69	concurrency exception areas:
70	a.  Urban infill as defined in s. 163.3164;
71	b.  Community redevelopment areas as defined in s. 163.340;
72	c.  Downtown revitalization areas as defined in s.
73	163.3164;
74	d.  Urban infill and redevelopment under s. 163.2517; or
75	e.  Urban service areas as defined in s. 163.3164 or areas
76	within a designated urban service boundary under s.
77	163.3177(14).
78	f.  Brownfield areas designated under s. 376.80.
79	3.  A county that does not qualify as a dense urban land
80	area pursuant to s. 163.3164 may designate in its local
81	comprehensive plan the following areas as transportation
82	concurrency exception areas:
83	a.  Urban infill as defined in s. 163.3164;
84	b.  Urban infill and redevelopment under s. 163.2517; or
85	c.  Urban service areas as defined in s. 163.3164.
86	d.  Brownfield areas designated under s. 376.80.
87	4.  A local government that has a transportation
88	concurrency exception area designated pursuant to subparagraph
89	1., subparagraph 2., or subparagraph 3. shall, within 2 years
90	after the designated area becomes exempt, adopt into its local
91	comprehensive plan land use and transportation strategies to
92	support and fund mobility within the exception area, including
93	alternative modes of transportation. Local governments are
94	encouraged to adopt complementary land use and transportation
95	strategies that reflect the region's shared vision for its
96	future. If the state land planning agency finds insufficient
97	cause for the failure to adopt into its comprehensive plan land
98	use and transportation strategies to support and fund mobility
99	within the designated exception area after 2 years, it shall
100	submit the finding to the Administration Commission, which may
101	impose any of the sanctions set forth in s. 163.3184(11)(a) and
102	(b) against the local government.
103	5.  Transportation concurrency exception areas designated
104	pursuant to subparagraph 1., subparagraph 2., or subparagraph 3.
105	do not apply to designated transportation concurrency districts
106	located within a county that has a population of at least 1.5
107	million, has implemented and uses a transportation-related
108	concurrency assessment to support alternative modes of
109	transportation, including, but not limited to, mass transit, and
110	does not levy transportation impact fees within the concurrency
111	district.
112	6.  Transportation concurrency exception areas designated
113	under subparagraph 1., subparagraph 2., or subparagraph 3. do
114	not apply in any county that has exempted more than 40 percent
115	of the area inside the urban service area from transportation
116	concurrency for the purpose of urban infill.
117	7.  A local government that does not have a transportation
118	concurrency exception area designated pursuant to subparagraph
119	1., subparagraph 2., or subparagraph 3. may grant an exception
120	from the concurrency requirement for transportation facilities
121	if the proposed development is otherwise consistent with the
122	adopted local government comprehensive plan and is a project
123	that promotes public transportation or is located within an area
124	designated in the comprehensive plan for:
125	a.  Urban infill development;
126	b.  Urban redevelopment;
127	c.  Downtown revitalization;
128	d.  Urban infill and redevelopment under s. 163.2517; or
129	e.  An urban service area specifically designated as a
130	transportation concurrency exception area which includes lands
131	appropriate for compact, contiguous urban development, which
132	does not exceed the amount of land needed to accommodate the
133	projected population growth at densities consistent with the
134	adopted comprehensive plan within the 10-year planning period,
135	and which is served or is planned to be served with public
136	facilities and services as provided by the capital improvements
137	element.
138	f.  Brownfield areas designated under s. 376.80.
139	(c)  The Legislature also finds that developments located
140	within urban infill, urban redevelopment, urban service, or
141	downtown revitalization areas, or areas designated as urban
142	infill and redevelopment areas under s. 163.2517, and brownfield
143	areas designated under s. 376.80, which pose only special part-
144	time demands on the transportation system, are exempt from the
145	concurrency requirement for transportation facilities. A special
146	part-time demand is one that does not have more than 200
147	scheduled events during any calendar year and does not affect
148	the 100 highest traffic volume hours.
149	(18)  For any brownfield area designated pursuant to s.
150	376.80 not otherwise exempt from concurrency requirements, after
151	a development located in such brownfield area has been deemed to
152	satisfy concurrency requirements, the development shall not be
153	required to take any further action to maintain compliance with
154	concurrency requirements, provided the development is subject to
155	a brownfield site rehabilitation agreement and remains in
156	compliance with all requirements of such agreement and the
157	density, intensity, and uses approved for the development do not
158	change.
159	Section 2.  Paragraph (o) of subsection (5) of section
160	212.08, Florida Statutes, is amended to read:
161	212.08  Sales, rental, use, consumption, distribution, and
162	storage tax; specified exemptions.-The sale at retail, the
163	rental, the use, the consumption, the distribution, and the
164	storage to be used or consumed in this state of the following
165	are hereby specifically exempt from the tax imposed by this
166	chapter.
167	(5)  EXEMPTIONS; ACCOUNT OF USE.-
168	(o)  Building materials in redevelopment projects.-
169	1.  As used in this paragraph, the term:
170	a.  "Building materials" means tangible personal property
171	that becomes a component part of a housing project or a mixed-
172	use project.
173	b.  "Housing project" means the conversion of an existing
174	manufacturing or industrial building to housing units in an
175	urban high-crime area, enterprise zone, empowerment zone, Front
176	Porch Community, designated brownfield area, or urban infill
177	area and in which the developer agrees to set aside at least 20
178	percent of the housing units in the project for low-income and
179	moderate-income persons or the construction in a designated
180	brownfield area of affordable housing for persons described in
181	s. 420.0004(8), (10), (11), or (15) or in s. 159.603(7).
182	c.  "Mixed-use project" means the conversion of an existing
183	manufacturing or industrial building to mixed-use units that
184	include artists' studios, art and entertainment services, or
185	other compatible uses. A mixed-use project must be located in an
186	urban high-crime area, enterprise zone, empowerment zone, Front
187	Porch Community, designated brownfield area, or urban infill
188	area, and the developer must agree to set aside at least 20
189	percent of the square footage of the project for low-income and
190	moderate-income housing. Notwithstanding this sub-subparagraph,
191	a mixed-use project may also mean the construction in a
192	designated brownfield area of mixed-use units that include
193	residential, commercial, or other compatible or permitted uses.
194	d.  "Substantially completed" has the same meaning as
195	provided in s. 192.042(1).
196	2.  Building materials used in the construction of a
197	housing project or mixed-use project are exempt from the tax
198	imposed by this chapter upon an affirmative showing to the
199	satisfaction of the department that the requirements of this
200	paragraph have been met. This exemption inures to the owner
201	through a refund of previously paid taxes. To receive this
202	refund, the owner must file an application under oath with the
203	department which includes:
204	a.  The name and address of the owner.
205	b.  The address and assessment roll parcel number of the
206	project for which a refund is sought.
207	c.  A copy of the building permit issued for the project.
208	d.  A certification by the local building code inspector
209	that the project is substantially completed.
210	e.  A sworn statement, under penalty of perjury, from the
211	general contractor licensed in this state with whom the owner
212	contracted to construct the project, which statement lists the
213	building materials used in the construction of the project and
214	the actual cost thereof, and the amount of sales tax paid on
215	these materials. If a general contractor was not used, the owner
216	shall provide this information in a sworn statement, under
217	penalty of perjury. Copies of invoices evidencing payment of
218	sales tax must be attached to the sworn statement.
219	3.  An application for a refund under this paragraph must
220	be submitted to the department within 6 months after the date
221	the project is deemed to be substantially completed by the local
222	building code inspector. Within 30 working days after receipt of
223	the application, the department shall determine if it meets the
224	requirements of this paragraph. A refund approved pursuant to
225	this paragraph shall be made within 30 days after formal
226	approval of the application by the department.
227	4.  The department shall establish by rule an application
228	form and criteria for establishing eligibility for exemption
229	under this paragraph.
230	5.  The exemption shall apply to purchases of materials on
231	or after July 1, 2000.
232	Section 3.  Subsection (4) is added to section 220.1845,
233	Florida Statutes, to read:
234	220.1845  Contaminated site rehabilitation tax credit.-
235	(4)  APPLICATION FOR CREDIT.-As provided in s.
236	376.30781(2), and notwithstanding any other provision of this
237	section, any tax credit application may claim annual site
238	rehabilitation costs pursuant to this section or s. 376.30781
239	for site rehabilitation costs incurred in the calendar year
240	prior to submission of the application, provided such costs are
241	paid in the calendar year in which the site rehabilitation
242	activities were performed or were paid prior to the submission
243	of the application by January 31 of the year in which the
244	application is submitted.
245	Section 4.  Paragraph (e) of subsection (1) and paragraphs
246	(a) and (b) of subsection (3) of section 288.107, Florida
247	Statutes, are amended to read:
248	288.107  Brownfield redevelopment bonus refunds.-
249	(1)  DEFINITIONS.-As used in this section:
250	(e)  "Eligible business" means:
251	1.  A qualified target industry business as defined in s.
252	288.106(1)(o); or
253	2.  A business that can demonstrate a fixed capital
254	investment of at least $2 million in brownfield areas, including
255	mixed-use business activities, including multiunit housing,
256	commercial, retail, and industrial activities, or a business
257	that can demonstrate a fixed capital investment of at least
258	$500,000 and creates between 5 and 50 jobs in mixed-use
259	business, multiunit housing, commercial, retail, or industrial
260	activities in brownfield areas, or at least $500,000 on a
261	brownfield site subject to a in brownfield site rehabilitation
262	agreement areas that do not require site cleanup, and that which
263	provides benefits to its employees.
264	(3)  CRITERIA.-The minimum criteria for participation in
265	the brownfield redevelopment bonus refund are:
266	(a)  The creation of at least 5 10 new full-time permanent
267	jobs. Such jobs shall not include construction or site
268	rehabilitation jobs associated with the implementation of a
269	brownfield site agreement as described in s. 376.80(5).
270	(b)  The completion of a fixed capital investment of at
271	least $2 million in brownfield areas, including mixed-use
272	business activities, including multiunit housing, commercial,
273	retail, and industrial activities in brownfield areas, or a
274	business that can demonstrate a fixed capital investment of at
275	least $500,000 and creates between 5 and 50 jobs in mixed-use
276	business, multiunit housing, commercial, retail, or industrial
277	activities in brownfield areas or at least $500,000 on a in
278	brownfield site subject to a brownfield site rehabilitation
279	agreement areas that do not require site cleanup, by an eligible
280	business applying for a refund under paragraph (2)(b) that which
281	provides benefits to its employees.
282	Section 5.  Subsection (2) of section 376.30781, Florida
283	Statutes, is amended to read:
284	376.30781  Tax credits for rehabilitation of drycleaning-
285	solvent-contaminated sites and brownfield sites in designated
286	brownfield areas; application process; rulemaking authority;
287	revocation authority.-
288	(2)  Notwithstanding the requirements of subsection (5),
289	tax credits allowed pursuant to s. 220.1845 are available for
290	site rehabilitation or solid waste removal conducted during the
291	calendar year in which the applicable voluntary cleanup
292	agreement or brownfield site rehabilitation agreement is
293	executed, even if the site rehabilitation or solid waste removal
294	is conducted prior to the execution of that agreement or the
295	designation of the brownfield area. Notwithstanding any other
296	provision of this section, any tax credit application claiming
297	annual brownfield site rehabilitation costs pursuant to this
298	section for such costs incurred in the calendar year prior to
299	submission of the application may claim such costs in the
300	application, provided such costs are paid in the calendar year
301	in which the brownfield site rehabilitation activities were
302	performed or were paid prior to the submission of the
303	application by January 31 of the year in which the application
304	is submitted.
305	Section 6.  Section 376.85, Florida Statutes, is amended to
306	read:
307	376.85  Annual report.-The Department of Environmental
308	Protection shall prepare and submit an annual report to the
309	President of the Senate and the Speaker of the House of
310	Representatives by February 1 of each year a report that
311	Legislature, beginning in December 1998, which shall include,
312	but is not be limited to, the number, size, and locations of
313	brownfield sites: that have been remediated under the provisions
314	of this act,; that are currently under rehabilitation pursuant
315	to a negotiated site rehabilitation agreement with the
316	department or a delegated local program,; where alternative
317	cleanup target levels have been established pursuant to s.
318	376.81(1)(g)3.,; and, where engineering and institutional
319	control strategies are being employed as conditions of a "no
320	further action order" to maintain the protections provided in s.
321	376.81(1)(g)1. and 2. Based upon such information, the report
322	shall also include recommendations for potential improvements to
323	the brownfield program established under ss. 376.77-376.86 in
324	order to achieve the legislative intent and goals and objectives
325	set forth in s. 376.78.
326	Section 7.  Subsection (12) is added to section 403.1835,
327	Florida Statutes, to read:
328	403.1835  Water pollution control financial assistance.-
329	(12)  For purposes of determining priority under subsection
330	(7), eligible projects located within a brownfield site with an
331	executed brownfield site rehabilitation agreement under s.
332	376.80 shall be deemed to eliminate public health hazards if the
333	project:
334	(a)  Removes, mitigates, or prevents adverse effects on
335	surface water or groundwater arising out of or caused by
336	contamination located on, migrating from, or in the brownfield
337	site; or
338	(b)  Improves surface water management facilities or
339	infrastructure and facilitates remediation or redevelopment of
340	the brownfield site.
341	Section 8.  Paragraph (a) of subsection (9) of section
342	403.8532, Florida Statutes, is amended to read:
343	403.8532  Drinking water state revolving loan fund; use;
344	rules.-
345	(9)  The department is authorized to make rules necessary
346	to carry out the purposes of this section and the federal Safe
347	Drinking Water Act, as amended. Such rules shall:
348	(a)  Set forth a priority system for loans based on public
349	health considerations, compliance with state and federal
350	requirements relating to public drinking water systems, and
351	affordability. The priority system shall give special
352	consideration to the following:
353	1.  Projects that provide for the development of
354	alternative drinking water supply projects and management
355	techniques in areas where existing source waters are limited or
356	threatened by saltwater intrusion, excessive drawdowns,
357	contamination, or other problems;
358	2.  Projects that provide for a dependable, sustainable
359	supply of drinking water and that are not otherwise financially
360	feasible; and
361	3.  Projects that contribute to the sustainability of
362	regional water sources.
363	4.  Projects that are related to or otherwise encourage the
364	remediation or redevelopment of a brownfield site with an
365	executed brownfield site rehabilitation agreement under s.
366	376.80.
367	Section 9.  This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.