Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 554
                                Barcode 713336                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2013           .                                

       The Committee on Environmental Preservation and Conservation
       (Altman) recommended the following:
    1         Senate Substitute for Amendment (573872) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (8) of section 376.78, Florida
    7  Statutes, is amended to read:
    8         376.78 Legislative intent.—The Legislature finds and
    9  declares the following:
   10         (8) The existence of brownfields within a community may
   11  contribute to, or may be a symptom of, overall community
   12  decline, including issues of human disease and illness, crime,
   13  educational and employment opportunities, and infrastructure
   14  decay. The environment is an important element of quality of
   15  life in any community, along with economic opportunity,
   16  educational achievement, access to health care, housing quality
   17  and availability, provision of governmental services, and other
   18  socioeconomic factors. Brownfields redevelopment, properly done,
   19  can be a significant element in community revitalization,
   20  especially within community redevelopment areas, enterprise
   21  zones, empowerment zones, closed military bases, or designated
   22  brownfield pilot project areas.
   23         Section 2. Subsections (1) and (2) of section 376.80,
   24  Florida Statutes, are amended, and subsection (12) is added to
   25  that section, to read:
   26         376.80 Brownfield program administration process.—
   28         (1)(a) The local government with jurisdiction over a
   29  proposed brownfield area shall designate such area pursuant to
   30  this section.
   31         (b)For a brownfield area designation proposed by:
   32         1.The jurisdictional local government, the designation
   33  criteria under paragraph (2)(a) apply, except if the local
   34  government proposes to designate as a brownfield area a
   35  specified redevelopment area as provided in paragraph (2)(b).
   36         2.Any person, other than a governmental entity, including,
   37  but not limited to, individuals, corporations, partnerships,
   38  limited liability companies, community-based organizations, or
   39  not-for-profit corporations, the designation criteria under
   40  paragraph (2)(c) apply.
   41         (c)The following provisions apply to all proposed
   42  brownfield area designations, unless otherwise provided below:
   43         1.Notification to Department Following Adoption - A local
   44  government with jurisdiction over the brownfield area must
   45  notify the department of its decision to designate a brownfield
   46  area for rehabilitation for the purposes of ss. 376.77-376.86.
   47  The notification must include a resolution adopted, by the local
   48  government body. The local government shall notify the
   49  department of the designation within 30 days after adoption of
   50  the resolution.
   51         2. Resolution Adoption - The brownfield area designation
   52  must be carried out by a resolution adopted by the
   53  jurisdictional local government, to which includes is attached a
   54  map adequate to clearly delineate exactly which parcels are to
   55  be included in the brownfield area or alternatively a less
   56  detailed map accompanied by a detailed legal description of the
   57  brownfield area. The resolution shall be adopted pursuant to the
   58  procedures and requirements of the local government in effect at
   59  the time of the proposed designation, except as otherwise
   60  provided in this section.
   61         3. Right to be Removed From Proposed Brownfield Area - If
   62  a property owner within the area proposed for designation by the
   63  local government requests in writing to have his or her property
   64  removed from the proposed designation, the local government
   65  shall grant the request.
   66         4. For municipalities, the governing body shall adopt the
   67  resolution in accordance with the procedures outlined in s.
   68  166.041, except that the notice for the public hearings on the
   69  proposed resolution must be in the form established in s.
   70  166.041(3)(c)2. For counties, the governing body shall adopt the
   71  resolution in accordance with the procedures outlined in s.
   72  125.66, except that the notice for the public hearings on the
   73  proposed resolution shall be in the form established in s.
   74  125.66(4)(b)2.
   75         4.Notice & Public Hearing Requirements - Compliance with
   76  the following provisions is required before designation of a
   77  proposed brownfield area under paragraph (2)(a) or paragraph
   78  (2)(c):
   79         (a)At least one of the required public hearings shall be
   80  conducted as closely as reasonably practicable to the area to be
   81  designated to provide an opportunity for public input on the
   82  size of the area, the objectives for rehabilitation, job
   83  opportunities and economic developments anticipated,
   84  neighborhood residents’ considerations, and other relevant local
   85  concerns.
   86         (b)Notice of the public hearing must be made in a
   87  newspaper of general circulation in the area, and the notice
   88  must be at least 16 square inches in size, must be in ethnic
   89  newspapers or local community bulletins, must be posted in the
   90  affected area, and must be announced at a scheduled meeting of
   91  the local governing body before the actual public hearing.
   94  local government proposes to designate a brownfield area that is
   95  outside a community redevelopment area areas, enterprise zone
   96  zones, empowerment zone zones, closed military base bases, or
   97  designated brownfield pilot project area areas, the local
   98  government shall provide notice, adopt the resolution, and
   99  conduct the public hearings pursuant to in accordance with the
  100  requirements of subsection (1)(c), except at least one of the
  101  required public hearings shall be conducted as close as
  102  reasonably practicable to the area to be designated to provide
  103  an opportunity for public input on the size of the area, the
  104  objectives for rehabilitation, job opportunities and economic
  105  developments anticipated, neighborhood residents’
  106  considerations, and other relevant local concerns. Notice of the
  107  public hearing must be made in a newspaper of general
  108  circulation in the area and the notice must be at least 16
  109  square inches in size, must be in ethnic newspapers or local
  110  community bulletins, must be posted in the affected area, and
  111  must be announced at a scheduled meeting of the local governing
  112  body before the actual public hearing. At a public hearing to
  113  designate the proposed brownfield area In determining the areas
  114  to be designated, the local government must consider:
  115         1. Whether the brownfield area warrants economic
  116  development and has a reasonable potential for such activities;
  117         2. Whether the proposed area to be designated represents a
  118  reasonably focused approach and is not overly large in
  119  geographic coverage;
  120         3. Whether the area has potential to interest the private
  121  sector in participating in rehabilitation; and
  122         4. Whether the area contains sites or parts of sites
  123  suitable for limited recreational open space, cultural, or
  124  historical preservation purposes.
  126  WITHIN SPECIFIED REDEVELOPMENT AREAS - Paragraph (a) does not
  127  apply to a proposed brownfield area if the local government
  128  proposes to designate the brownfield area inside a community
  129  redevelopment area, enterprise zone, empowerment zone, closed
  130  military base, or designated brownfield pilot project area and
  131  the local government complies with paragraph (1)(c).
  133  OTHER THAN A GOVERNMENTAL ENTITY - For designation of a
  134  brownfield area that is proposed by a person other than the
  135  local government, the a local government with jurisdiction over
  136  the proposed brownfield area shall adopt a resolution to
  137  designate the a brownfield area pursuant to subsection (1), if,
  138  at the public hearing to adopt the resolution, the person
  139  establishes under the provisions of this act provided that:
  140         1. A person who owns or controls a potential brownfield
  141  site is requesting the designation and has agreed to
  142  rehabilitate and redevelop the brownfield site;
  143         2. The rehabilitation and redevelopment of the proposed
  144  brownfield site will result in economic productivity of the
  145  area, along with the creation of at least 5 new permanent jobs
  146  at the brownfield site that are full-time equivalent positions
  147  not associated with the implementation of the brownfield site
  148  rehabilitation agreement and that are not associated with
  149  redevelopment project demolition or construction activities
  150  pursuant to the redevelopment of the proposed brownfield site or
  151  area. However, the job creation requirement does shall not apply
  152  to the rehabilitation and redevelopment of a brownfield site
  153  that will provide affordable housing as defined in s. 420.0004
  154  or the creation of recreational areas, conservation areas, or
  155  parks;
  156         3. The redevelopment of the proposed brownfield site is
  157  consistent with the local comprehensive plan and is a
  158  permittable use under the applicable local land development
  159  regulations;
  160         4. Notice of the proposed rehabilitation of the brownfield
  161  area has been provided to neighbors and nearby residents of the
  162  proposed area to be designated pursuant to subsection (1)(c),
  163  and the person proposing the area for designation has afforded
  164  to those receiving notice the opportunity for comments and
  165  suggestions about rehabilitation. Notice pursuant to this
  166  subparagraph must be made in a newspaper of general circulation
  167  in the area, at least 16 square inches in size, and the notice
  168  must be posted in the affected area; and
  169         5. The person proposing the area for designation has
  170  provided reasonable assurance that he or she has sufficient
  171  financial resources to implement and complete the rehabilitation
  172  agreement and redevelopment of the brownfield site.
  173         (d)(c) The designation of a brownfield area and the
  174  identification of a person responsible for brownfield site
  175  rehabilitation simply entitles the identified person to
  176  negotiate a brownfield site rehabilitation agreement with the
  177  department or approved local pollution control program.
  178         (12)A local government that designates a brownfield area
  179  pursuant to this section is not required to use the term
  180  “brownfield area” within the name of the brownfield area
  181  proposed for designation by the local government.
  182         Section 3. Paragraphs (a) and (b) of subsection (2) of
  183  section 376.82, Florida Statutes, are amended to read:
  184         376.82 Eligibility criteria and liability protection.—
  185         (2) LIABILITY PROTECTION.—
  186         (a) Any person, including his or her successors and
  187  assigns, who executes and implements to successful completion a
  188  brownfield site rehabilitation agreement, shall be relieved of:
  189         1. Further liability for remediation of the contaminated
  190  site or sites to the state and to third parties. and of
  191         2. Liability in contribution to any other party who has or
  192  may incur cleanup liability for the contaminated site or sites.
  193         3.Liability for claims of any person for property damages,
  194  including, but not limited to, diminished value of real property
  195  or improvements; lost or delayed rent, sale, or use of real
  196  property or improvements; or stigma to real property or
  197  improvements caused by contamination addressed by a brownfield
  198  site rehabilitation agreement. Notwithstanding any other
  199  provision of this chapter, this subparagraph applies to causes
  200  of action accruing on or after July 1, 2013.
  201         (b) This section does not limit shall not be construed as a
  202  limitation on the right of a third party other than the state to
  203  pursue an action for damages to persons for bodily harm property
  204  or person; however, such an action may not compel site
  205  rehabilitation in excess of that required in the approved
  206  brownfield site rehabilitation agreement or otherwise required
  207  by the department or approved local pollution control program.
  210  ================= T I T L E  A M E N D M E N T ================
  211         And the title is amended as follows:
  212         Delete everything before the enacting clause
  213  and insert:
  214                        A bill to be entitled                      
  215         An act relating to to brownfields; amending s. 376.78,
  216  F.S.; revising legislative intent with regard to community
  217  revitalization in certain areas; amending s. 376.80, F.S.;
  218  revising procedures for designation of brownfield areas by local
  219  governments; authorizing local governments to use a term other
  220  than “brownfield area” when naming such areas; amending s.
  221  376.82, F.S.; providing relief of liability for property damages
  222  for entities that execute and implement certain brownfield site
  223  rehabilitation agreements; providing for applicability;
  224  providing an effective date.