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_Substitute_Amendment_Delete_All_713336_to_Amendment_573872.html
Bill Title: Brownfields
Status: 2013-05-03 - Died in Appropriations [S0554 Detail]
Download: Florida-2013-S0554-Environmental_Preservation_and_Conservation_Committee_Substitute_Amendment_Delete_All_713336_to_Amendment_573872.html
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) 3 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.— 27 GENERAL BROWNFIELD DESIGNATION PROCEDURES - 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,towhich includesis attacheda 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 the67resolution in accordance with the procedures outlined in s.68166.041, except that the notice for the public hearings on the69proposed resolution must be in the form established in s.70166.041(3)(c)2. For counties, the governing body shall adopt the71resolution in accordance with the procedures outlined in s.72125.66, except that the notice for the public hearings on the73proposed resolution shall be in the form established in s.74125.66(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. 92 (2)(a) LOCAL GOVERNMENT-PROPOSED BROWNFIELD AREA 93 DESIGNATION OUTSIDE OF SPECIFIED REDEVELOPMENT AREAS - If a 94 local government proposes to designate a brownfield area that is 95 outside a community redevelopment areaareas, enterprise zone 96zones, empowerment zonezones, closed military basebases, or 97 designated brownfield pilot project areaareas, the local 98 government shall provide notice, adopt the resolution, and 99 conductthepublic hearings pursuant toin accordance with the100requirements ofsubsection (1)(c), except at least one of the101required public hearings shall be conducted as close as102reasonably practicable to the area to be designated to provide103an opportunity for public input on the size of the area, the104objectives for rehabilitation, job opportunities and economic105developments anticipated, neighborhood residents’106considerations, and other relevant local concerns. Notice of the107public hearing must be made in a newspaper of general108circulation in the area and the notice must be at least 16109square inches in size, must be in ethnic newspapers or local110community bulletins, must be posted in the affected area, and111must be announced at a scheduled meeting of the local governing112body before the actual public hearing. At a public hearing to 113 designate the proposed brownfield areaIn determining the areas114to 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. 125 (b) LOCAL GOVERNMENT-PROPOSED BROWNFIELD AREA DESIGNATION 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). 132(b)(c) BROWNFIELD AREA DESIGNATION PROPOSED BY PERSONS 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, thealocal government with jurisdiction over 136 the proposed brownfield area shall adopt a resolution to 137 designate theabrownfield area pursuant to subsection (1), if, 138 at the public hearing to adopt the resolution, the person 139 establishesunder the provisions of this act providedthat: 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 doesshallnot 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 of191 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 limitshall not be construed as a202limitation onthe right of a third party other than the state to 203 pursue an action for damages to persons for bodily harmproperty204or 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. 208 209 210 ================= 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.