Florida Senate - 2013                              CS for SB 554
       By the Committee on Environmental Preservation and Conservation;
       and Senator Altman
       592-02410-13                                           2013554c1
    1                        A bill to be entitled                      
    2         An act relating to brownfields; amending s. 376.78,
    3         F.S.; revising legislative intent with regard to
    4         community revitalization in certain areas; amending s.
    5         376.80, F.S.; revising procedures for designation of
    6         brownfield areas by local governments; providing
    7         procedures for adoption of a resolution; providing
    8         requirements for notice and public hearings;
    9         authorizing local governments to use a term other than
   10         “brownfield area” when naming such areas; amending s.
   11         376.82, F.S.; providing relief of liability for
   12         property damages for entities that execute and
   13         implement certain brownfield site rehabilitation
   14         agreements; providing for applicability; providing an
   15         effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Subsection (8) of section 376.78, Florida
   20  Statutes, is amended to read:
   21         376.78 Legislative intent.—The Legislature finds and
   22  declares the following:
   23         (8) The existence of brownfields within a community may
   24  contribute to, or may be a symptom of, overall community
   25  decline, including issues of human disease and illness, crime,
   26  educational and employment opportunities, and infrastructure
   27  decay. The environment is an important element of quality of
   28  life in any community, along with economic opportunity,
   29  educational achievement, access to health care, housing quality
   30  and availability, provision of governmental services, and other
   31  socioeconomic factors. Brownfields redevelopment, properly done,
   32  can be a significant element in community revitalization,
   33  especially within community redevelopment areas, enterprise
   34  zones, empowerment zones, closed military bases, or designated
   35  brownfield pilot project areas.
   36         Section 2. Subsections (1) and (2) of section 376.80,
   37  Florida Statutes, are amended, and subsection (12) is added to
   38  that section, to read:
   39         376.80 Brownfield program administration process.—
   40         (1) The following general procedures apply to brownfield
   41  designations:
   42         (a)The local government with jurisdiction over a proposed
   43  brownfield area shall designate such area pursuant to this
   44  section.
   45         (b)For a brownfield area designation proposed by:
   46         1.The jurisdictional local government, the designation
   47  criteria under paragraph (2)(a) apply, except if the local
   48  government proposes to designate as a brownfield area a
   49  specified redevelopment area as provided in paragraph (2)(b).
   50         2.Any person, other than a governmental entity, including,
   51  but not limited to, individuals, corporations, partnerships,
   52  limited liability companies, community-based organizations, or
   53  not-for-profit corporations, the designation criteria under
   54  paragraph (2)(c) apply.
   55         (c)Except as otherwise provided, the following provisions
   56  apply to all proposed brownfield area designations:
   57         1.Notification to department following adoption.—A local
   58  government with jurisdiction over the brownfield area must
   59  notify the department of its decision to designate a brownfield
   60  area for rehabilitation for the purposes of ss. 376.77-376.86.
   61  The notification must include a resolution adopted, by the local
   62  government body. The local government shall notify the
   63  department of the designation within 30 days after adoption of
   64  the resolution.
   65         2.Resolution adoption.—The brownfield area designation
   66  must be carried out by a resolution adopted by the
   67  jurisdictional local government, to which includes is attached a
   68  map adequate to clearly delineate exactly which parcels are to
   69  be included in the brownfield area or alternatively a less
   70  detailed map accompanied by a detailed legal description of the
   71  brownfield area. The resolution shall be adopted pursuant to the
   72  procedures and requirements of the local government in effect at
   73  the time of the proposed designation, except as otherwise
   74  provided in this section.
   75         3.Right to be removed from proposed brownfield area.—If a
   76  property owner within the area proposed for designation by the
   77  local government requests in writing to have his or her property
   78  removed from the proposed designation, the local government
   79  shall grant the request. For municipalities, the governing body
   80  shall adopt the resolution in accordance with the procedures
   81  outlined in s. 166.041, except that the notice for the public
   82  hearings on the proposed resolution must be in the form
   83  established in s. 166.041(3)(c)2. For counties, the governing
   84  body shall adopt the resolution in accordance with the
   85  procedures outlined in s. 125.66, except that the notice for the
   86  public hearings on the proposed resolution shall be in the form
   87  established in s. 125.66(4)(b)2.
   88         4.Notice and public hearing requirements.—Compliance with
   89  the following provisions is required before designation of a
   90  proposed brownfield area under paragraph (2)(a) or paragraph
   91  (2)(c):
   92         a.At least one of the required public hearings shall be
   93  conducted as closely as is reasonably practicable to the area to
   94  be designated to provide an opportunity for public input on the
   95  size of the area, the objectives for rehabilitation, job
   96  opportunities and economic developments anticipated,
   97  neighborhood residents’ considerations, and other relevant local
   98  concerns.
   99         b.Notice of the public hearing must be made in a newspaper
  100  of general circulation in the area, and the notice must be at
  101  least 16 square inches in size, must be in ethnic newspapers or
  102  local community bulletins, must be posted in the affected area,
  103  and must be announced at a scheduled meeting of the local
  104  governing body before the actual public hearing.
  105         (2)(a) Local government-proposed brownfield area
  106  designation outside specified redevelopment areas.—If a local
  107  government proposes to designate a brownfield area that is
  108  outside a community redevelopment area areas, enterprise zone
  109  zones, empowerment zone zones, closed military base bases, or
  110  designated brownfield pilot project area areas, the local
  111  government shall provide notice, adopt the resolution, and
  112  conduct the public hearings pursuant to paragraph in accordance
  113  with the requirements of subsection (1)(c). At a public hearing
  114  to designate the proposed brownfield area, except at least one
  115  of the required public hearings shall be conducted as close as
  116  reasonably practicable to the area to be designated to provide
  117  an opportunity for public input on the size of the area, the
  118  objectives for rehabilitation, job opportunities and economic
  119  developments anticipated, neighborhood residents’
  120  considerations, and other relevant local concerns. Notice of the
  121  public hearing must be made in a newspaper of general
  122  circulation in the area and the notice must be at least 16
  123  square inches in size, must be in ethnic newspapers or local
  124  community bulletins, must be posted in the affected area, and
  125  must be announced at a scheduled meeting of the local governing
  126  body before the actual public hearing. In determining the areas
  127  to be designated, the local government must consider:
  128         1. Whether the brownfield area warrants economic
  129  development and has a reasonable potential for such activities;
  130         2. Whether the proposed area to be designated represents a
  131  reasonably focused approach and is not overly large in
  132  geographic coverage;
  133         3. Whether the area has potential to interest the private
  134  sector in participating in rehabilitation; and
  135         4. Whether the area contains sites or parts of sites
  136  suitable for limited recreational open space, cultural, or
  137  historical preservation purposes.
  138         (b)Local government-proposed brownfield area designation
  139  within specified redevelopment areas.—Paragraph (a) does not
  140  apply to a proposed brownfield area if the local government
  141  proposes to designate the brownfield area inside a community
  142  redevelopment area, enterprise zone, empowerment zone, closed
  143  military base, or designated brownfield pilot project area and
  144  the local government complies with paragraph (1)(c).
  145         (c)(b)Brownfield area designation proposed by persons
  146  other than a governmental entity.—For designation of a
  147  brownfield area that is proposed by a person other than the
  148  local government, the local government with jurisdiction over
  149  the proposed brownfield area shall adopt a resolution to
  150  designate the a brownfield area pursuant to subsection (1) if,
  151  at the public hearing to adopt the resolution, the person
  152  establishes all of the following under the provisions of this
  153  act provided that:
  154         1. A person who owns or controls a potential brownfield
  155  site is requesting the designation and has agreed to
  156  rehabilitate and redevelop the brownfield site.;
  157         2. The rehabilitation and redevelopment of the proposed
  158  brownfield site will result in economic productivity of the
  159  area, along with the creation of at least 5 new permanent jobs
  160  at the brownfield site that are full-time equivalent positions
  161  not associated with the implementation of the brownfield site
  162  rehabilitation agreement and that are not associated with
  163  redevelopment project demolition or construction activities
  164  pursuant to the redevelopment of the proposed brownfield site or
  165  area. However, the job creation requirement does shall not apply
  166  to the rehabilitation and redevelopment of a brownfield site
  167  that will provide affordable housing as defined in s. 420.0004
  168  or the creation of recreational areas, conservation areas, or
  169  parks.;
  170         3. The redevelopment of the proposed brownfield site is
  171  consistent with the local comprehensive plan and is a
  172  permittable use under the applicable local land development
  173  regulations.;
  174         4. Notice of the proposed rehabilitation of the brownfield
  175  area has been provided to neighbors and nearby residents of the
  176  proposed area to be designated pursuant to paragraph (1)(c), and
  177  the person proposing the area for designation has afforded to
  178  those receiving notice the opportunity for comments and
  179  suggestions about rehabilitation. Notice pursuant to this
  180  subparagraph must be made in a newspaper of general circulation
  181  in the area, at least 16 square inches in size, and the notice
  182  must be posted in the affected area.; and
  183         5. The person proposing the area for designation has
  184  provided reasonable assurance that he or she has sufficient
  185  financial resources to implement and complete the rehabilitation
  186  agreement and redevelopment of the brownfield site.
  187         (d)(c)Negotiation of brownfield site rehabilitation
  188  agreement.The designation of a brownfield area and the
  189  identification of a person responsible for brownfield site
  190  rehabilitation simply entitles the identified person to
  191  negotiate a brownfield site rehabilitation agreement with the
  192  department or approved local pollution control program.
  193         (12)A local government that designates a brownfield area
  194  pursuant to this section is not required to use the term
  195  “brownfield area” within the name of the brownfield area
  196  proposed for designation by the local government.
  197         Section 3. Paragraphs (a) and (b) of subsection (2) of
  198  section 376.82, Florida Statutes, are amended to read:
  199         376.82 Eligibility criteria and liability protection.—
  200         (2) LIABILITY PROTECTION.—
  201         (a) Any person, including his or her successors and
  202  assigns, who executes and implements to successful completion a
  203  brownfield site rehabilitation agreement, shall be relieved of:
  204         1. Further liability for remediation of the contaminated
  205  site or sites to the state and to third parties. and of
  206         2. Liability in contribution to any other party who has or
  207  may incur cleanup liability for the contaminated site or sites.
  208         3.Liability for claims of any person for property damages,
  209  including, but not limited to, diminished value of real property
  210  or improvements; lost or delayed rent, sale, or use of real
  211  property or improvements; or stigma to real property or
  212  improvements caused by contamination addressed by a brownfield
  213  site rehabilitation agreement. Notwithstanding any other
  214  provision of this chapter, this subparagraph applies to causes
  215  of action accruing on or after July 1, 2013.
  216         (b) This section does not limit shall not be construed as a
  217  limitation on the right of a third party other than the state to
  218  pursue an action for damages to persons for bodily harm property
  219  or person; however, such an action may not compel site
  220  rehabilitation in excess of that required in the approved
  221  brownfield site rehabilitation agreement or otherwise required
  222  by the department or approved local pollution control program.
  223         Section 4. This act shall take effect July 1, 2013.