Bill Amendment: FL S0554 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Brownfields
Status: 2013-05-03 - Died in Appropriations [S0554 Detail]
Download: Florida-2013-S0554-Environmental_Preservation_and_Conservation_Committee_Amendment_Delete_All_573872.html
Bill Title: Brownfields
Status: 2013-05-03 - Died in Appropriations [S0554 Detail]
Download: Florida-2013-S0554-Environmental_Preservation_and_Conservation_Committee_Amendment_Delete_All_573872.html
Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. SB 554
Barcode 573872
LEGISLATIVE ACTION
Senate . House
Comm: RS .
03/14/2013 .
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The Committee on Environmental Preservation and Conservation
(Altman) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (8) of section 376.78, Florida
6 Statutes, is amended to read:
7 376.78 Legislative intent.—The Legislature finds and
8 declares the following:
9 (8) The existence of brownfields within a community may
10 contribute to, or may be a symptom of, overall community
11 decline, including issues of human disease and illness, crime,
12 educational and employment opportunities, and infrastructure
13 decay. The environment is an important element of quality of
14 life in any community, along with economic opportunity,
15 educational achievement, access to health care, housing quality
16 and availability, provision of governmental services, and other
17 socioeconomic factors. Brownfields redevelopment, properly done,
18 can be a significant element in community revitalization,
19 especially within community redevelopment areas, enterprise
20 zones, empowerment zones, closed military bases, or designated
21 brownfield pilot project areas.
22 Section 2. Subsections (1) and (2) of section 376.80,
23 Florida Statutes, are amended, and subsection (12) is added to
24 that section, to read:
25 376.80 Brownfield program administration process.—
26 (1)(a) The local government with jurisdiction over a
27 proposed brownfield area shall designate such area pursuant to
28 this section.
29 (b) For a brownfield area designation proposed by:
30 1. The jurisdictional local government, except as provided
31 in paragraph (2)(c), the designation criteria under paragraph
32 (2)(a) apply.
33 2. Any person, other than a governmental entity, including,
34 but not limited to, individuals, corporations, partnerships,
35 limited liability companies, community-based organizations, or
36 not-for-profit corporations, the designation criteria under
37 paragraph (2)(b) apply.
38 (c) The following provisions apply to all proposed
39 brownfield area designations:
40 1. A local government with jurisdiction over the brownfield
41 area must notify the department of its decision to designate a
42 brownfield area for rehabilitation for the purposes of ss.
43 376.77-376.86. The notification must include a resolution
44 adopted, by the local government body. The local government
45 shall notify the department of the designation within 30 days
46 after adoption of the resolution.
47 2. The brownfield area designation must be carried out by a
48 resolution adopted by the jurisdictional local government, to
49 which includes is attached a map adequate to clearly delineate
50 exactly which parcels are to be included in the brownfield area
51 or alternatively a less-detailed map accompanied by a detailed
52 legal description of the brownfield area. The resolution shall
53 be adopted pursuant to the procedures and requirements of the
54 local government in effect at the time of the proposed
55 designation, except as otherwise provided in this section.
56 3. If a property owner within the area proposed for
57 designation by the local government requests in writing to have
58 his or her property removed from the proposed designation, the
59 local government shall grant the request.
60 4. For municipalities, the governing body shall adopt the
61 resolution in accordance with the procedures outlined in s.
62 166.041, except that the notice for the public hearings on the
63 proposed resolution must be in the form established in s.
64 166.041(3)(c)2. For counties, the governing body shall adopt the
65 resolution in accordance with the procedures outlined in s.
66 125.66, except that the notice for the public hearings on the
67 proposed resolution shall be in the form established in s.
68 125.66(4)(b)2.
69 (d) Compliance with the following provisions is required
70 before designation of a proposed brownfield area under paragraph
71 (2)(a) or paragraph (2)(b):
72 1. At least one of the required public hearings shall be
73 conducted as closely as reasonably practicable to the area to be
74 designated to provide an opportunity for public input on the
75 size of the area, the objectives for rehabilitation, job
76 opportunities and economic developments anticipated,
77 neighborhood residents’ considerations, and other relevant local
78 concerns.
79 2. Notice of the public hearing must be made in a newspaper
80 of general circulation in the area, and the notice must be at
81 least 16 square inches in size, must be in ethnic newspapers or
82 local community bulletins, must be posted in the affected area,
83 and must be announced at a scheduled meeting of the local
84 governing body before the actual public hearing.
85 (2)(a) If a local government proposes to designate a
86 brownfield area that is outside a community redevelopment area
87 areas, enterprise zone zones, empowerment zone zones, closed
88 military base bases, or designated brownfield pilot project area
89 areas, the local government shall provide notice, adopt the
90 resolution, and conduct the public hearings pursuant to in
91 accordance with the requirements of subsection (1), except at
92 least one of the required public hearings shall be conducted as
93 close as reasonably practicable to the area to be designated to
94 provide an opportunity for public input on the size of the area,
95 the objectives for rehabilitation, job opportunities and
96 economic developments anticipated, neighborhood residents’
97 considerations, and other relevant local concerns. Notice of the
98 public hearing must be made in a newspaper of general
99 circulation in the area and the notice must be at least 16
100 square inches in size, must be in ethnic newspapers or local
101 community bulletins, must be posted in the affected area, and
102 must be announced at a scheduled meeting of the local governing
103 body before the actual public hearing. At a public hearing to
104 designate the proposed brownfield area In determining the areas
105 to be designated, the local government must consider:
106 1. Whether the brownfield area warrants economic
107 development and has a reasonable potential for such activities;
108 2. Whether the proposed area to be designated represents a
109 reasonably focused approach and is not overly large in
110 geographic coverage;
111 3. Whether the area has potential to interest the private
112 sector in participating in rehabilitation; and
113 4. Whether the area contains sites or parts of sites
114 suitable for limited recreational open space, cultural, or
115 historical preservation purposes.
116 (b) For designation of a brownfield area that is proposed
117 by a person other than the local government, the a local
118 government with jurisdiction over the proposed brownfield area
119 shall adopt a resolution to designate the a brownfield area
120 pursuant to subsection (1), if, at the public hearing to adopt
121 the resolution, the person establishes under the provisions of
122 this act provided that:
123 1. A person who owns or controls a potential brownfield
124 site is requesting the designation and has agreed to
125 rehabilitate and redevelop the brownfield site;
126 2. The rehabilitation and redevelopment of the proposed
127 brownfield site will result in economic productivity of the
128 area, along with the creation of at least 5 new permanent jobs
129 at the brownfield site that are full-time equivalent positions
130 not associated with the implementation of the brownfield site
131 rehabilitation agreement and that are not associated with
132 redevelopment project demolition or construction activities
133 pursuant to the redevelopment of the proposed brownfield site or
134 area. However, the job creation requirement does shall not apply
135 to the rehabilitation and redevelopment of a brownfield site
136 that will provide affordable housing as defined in s. 420.0004
137 or the creation of recreational areas, conservation areas, or
138 parks;
139 3. The redevelopment of the proposed brownfield site is
140 consistent with the local comprehensive plan and is a
141 permittable use under the applicable local land development
142 regulations;
143 4. Notice of the proposed rehabilitation of the brownfield
144 area has been provided to neighbors and nearby residents of the
145 proposed area to be designated pursuant to subsection (1), and
146 the person proposing the area for designation has afforded to
147 those receiving notice the opportunity for comments and
148 suggestions about rehabilitation. Notice pursuant to this
149 subparagraph must be made in a newspaper of general circulation
150 in the area, at least 16 square inches in size, and the notice
151 must be posted in the affected area; and
152 5. The person proposing the area for designation has
153 provided reasonable assurance that he or she has sufficient
154 financial resources to implement and complete the rehabilitation
155 agreement and redevelopment of the brownfield site.
156 (c) Paragraphs (a) and (b) do not apply to a proposed
157 brownfield area if the local government proposes to designate
158 the brownfield area inside a community redevelopment area,
159 enterprise zone, empowerment zone, closed military base, or
160 designated brownfield pilot project area and the local
161 government complies with paragraph (1)(c).
162 (d)(c) The designation of a brownfield area and the
163 identification of a person responsible for brownfield site
164 rehabilitation simply entitles the identified person to
165 negotiate a brownfield site rehabilitation agreement with the
166 department or approved local pollution control program.
167 (12) A local government that designates a brownfield area
168 pursuant to this section is not required to use the term
169 “brownfield area” within the name of the brownfield area
170 proposed for designation by the local government.
171 Section 3. Paragraphs (a) and (b) of subsection (2) of
172 section 376.82, Florida Statutes, are amended to read:
173 376.82 Eligibility criteria and liability protection.—
174 (2) LIABILITY PROTECTION.—
175 (a) Any person, including his or her successors and
176 assigns, who executes and implements to successful completion a
177 brownfield site rehabilitation agreement, shall be relieved of:
178 1. Further liability for remediation of the contaminated
179 site or sites to the state and to third parties. and of
180 2. Liability in contribution to any other party who has or
181 may incur cleanup liability for the contaminated site or sites.
182 3. Liability for claims of any person for property damages,
183 including, but not limited to, diminished value of real property
184 or improvements; lost or delayed rent, sale, or use of real
185 property or improvements; or stigma to real property or
186 improvements caused by contamination addressed by a brownfield
187 site rehabilitation agreement. Notwithstanding any other
188 provision of this chapter, this subparagraph applies to causes
189 of action accruing on or after July 1, 2013.
190 (b) This section does not limit shall not be construed as a
191 limitation on the right of a third party other than the state to
192 pursue an action for damages to persons for bodily harm property
193 or person; however, such an action may not compel site
194 rehabilitation in excess of that required in the approved
195 brownfield site rehabilitation agreement or otherwise required
196 by the department or approved local pollution control program.
197
198 ================= T I T L E A M E N D M E N T ================
199 And the title is amended as follows:
200 Delete everything before the enacting clause
201 and insert:
202 A bill to be entitled
203 An act relating to brownfields; amending s. 376.78,
204 F.S.; revising legislative intent with regard to
205 community revitalization in certain areas; amending s.
206 376.80, F.S.; revising procedures for designation of
207 brownfield areas by local governments; authorizing
208 local governments to use a term other than “brownfield
209 area” when naming such areas; amending s. 376.82,
210 F.S.; providing relief of liability for property
211 damages for entities that execute and implement
212 certain brownfield site rehabilitation agreements;
213 providing for applicability; providing an effective
214 date.
