Bill Amendment: FL S0586 | 2014 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Brownfields

Status: 2014-04-29 - Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 325 (Ch. 2014-114) [S0586 Detail]

Download: Florida-2014-S0586-Senate_Committee_Amendment_674670.html

---

       Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 586
       
       
       
       
       
       
                                Ì6746700Î674670                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       (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) The following general procedures apply to brownfield
   27  designations:
   28         (a) The local government with jurisdiction over a proposed
   29  brownfield area shall designate such area pursuant to this
   30  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 unless the local
   34  government proposes to designate a brownfield area within 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) Except as otherwise provided, the following provisions
   42  apply to all proposed brownfield area designations:
   43         1. Notification to the department following adoption.—A
   44  local government with jurisdiction over the brownfield area must
   45  notify the department, and, if applicable, the local pollution
   46  control program under s. 403.182, of its decision to designate a
   47  brownfield area for rehabilitation for the purposes of ss.
   48  376.77-376.86. The notification must include a resolution
   49  adopted, by the local government body. The local government
   50  shall notify the department and, if applicable, the local
   51  pollution control program under s. 403.182, of the designation
   52  within 30 days after adoption of the resolution.
   53         2. Resolution adoption.—The brownfield area designation
   54  must be carried out by a resolution adopted by the
   55  jurisdictional local government, to which includes is attached a
   56  map adequate to clearly delineate exactly which parcels are to
   57  be included in the brownfield area or alternatively a less
   58  detailed map accompanied by a detailed legal description of the
   59  brownfield area. For municipalities, the governing body shall
   60  adopt the resolution in accordance with the procedures outlined
   61  in s. 166.041, except that the procedures for the public
   62  hearings on the proposed resolution must be in the form
   63  established in s. 166.041(3)(c)2. For counties, the governing
   64  body shall adopt the resolution in accordance with the
   65  procedures outlined in s. 125.66, except that the procedures for
   66  the public hearings on the proposed resolution must be in the
   67  form established in s. 125.66(4)(b).
   68         3. Right to be removed from proposed brownfield area.—If a
   69  property owner within the area proposed for designation by the
   70  local government requests in writing to have his or her property
   71  removed from the proposed designation, the local government
   72  shall grant the request. For municipalities, the governing body
   73  shall adopt the resolution in accordance with the procedures
   74  outlined in s. 166.041, except that the notice for the public
   75  hearings on the proposed resolution must be in the form
   76  established in s. 166.041(3)(c)2. For counties, the governing
   77  body shall adopt the resolution in accordance with the
   78  procedures outlined in s. 125.66, except that the notice for the
   79  public hearings on the proposed resolution shall be in the form
   80  established in s. 125.66(4)(b)2.
   81         4. Notice and public hearing requirements for designation
   82  of a proposed brownfield area outside a redevelopment area or by
   83  a nongovernmental entity.—Compliance with the following
   84  provisions is required before designation of a proposed
   85  brownfield area under paragraph (2)(a) or paragraph (2)(c):
   86         a. At least one of the required public hearings shall be
   87  conducted as close as is reasonably practicable to the area to
   88  be designated to provide an opportunity for public input on the
   89  size of the area, the objectives for rehabilitation, job
   90  opportunities and economic developments anticipated,
   91  neighborhood residents’ considerations, and other relevant local
   92  concerns.
   93         b. Notice of a public hearing must be made in a newspaper
   94  of general circulation in the area, must be made in ethnic
   95  newspapers or local community bulletins, must be posted in the
   96  affected area, and must be announced at a scheduled meeting of
   97  the local governing body before the actual public hearing.
   98         (2)(a) Local government-proposed brownfield area
   99  designation outside specified redevelopment areas.—If a local
  100  government proposes to designate a brownfield area that is
  101  outside a community redevelopment area areas, enterprise zone
  102  zones, empowerment zone zones, closed military base bases, or
  103  designated brownfield pilot project area areas, the local
  104  government shall provide notice, adopt the resolution, and
  105  conduct the public hearings pursuant to paragraph in accordance
  106  with the requirements of subsection (1)(c), except at least one
  107  of the required public hearings shall be conducted as close as
  108  reasonably practicable to the area to be designated to provide
  109  an opportunity for public input on the size of the area, the
  110  objectives for rehabilitation, job opportunities and economic
  111  developments anticipated, neighborhood residents’
  112  considerations, and other relevant local concerns. Notice of the
  113  public hearing must be made in a newspaper of general
  114  circulation in the area and the notice must be at least 16
  115  square inches in size, must be in ethnic newspapers or local
  116  community bulletins, must be posted in the affected area, and
  117  must be announced at a scheduled meeting of the local governing
  118  body before the actual public hearing. At a public hearing to
  119  designate the proposed brownfield area In determining the areas
  120  to be designated, the local government must consider:
  121         1. Whether the brownfield area warrants economic
  122  development and has a reasonable potential for such activities;
  123         2. Whether the proposed area to be designated represents a
  124  reasonably focused approach and is not overly large in
  125  geographic coverage;
  126         3. Whether the area has potential to interest the private
  127  sector in participating in rehabilitation; and
  128         4. Whether the area contains sites or parts of sites
  129  suitable for limited recreational open space, cultural, or
  130  historical preservation purposes.
  131         (b) Local government-proposed brownfield area designation
  132  within specified redevelopment areas.—Paragraph (a) does not
  133  apply to a proposed brownfield area if the local government
  134  proposes to designate the brownfield area inside a community
  135  redevelopment area, enterprise zone, empowerment zone, closed
  136  military base, or designated brownfield pilot project area and
  137  the local government complies with paragraph (1)(c).
  138         (c)(b) Brownfield area designation proposed by persons
  139  other than a governmental entity.—For designation of a
  140  brownfield area that is proposed by a person other than the
  141  local government, the local government with jurisdiction over
  142  the proposed brownfield area shall provide notice and adopt a
  143  resolution to designate the a brownfield area pursuant to
  144  paragraph (1)(c) if, at the public hearing to adopt the
  145  resolution, the person establishes all of the following under
  146  the provisions of this act provided that:
  147         1. A person who owns or controls a potential brownfield
  148  site is requesting the designation and has agreed to
  149  rehabilitate and redevelop the brownfield site.;
  150         2. The rehabilitation and redevelopment of the proposed
  151  brownfield site will result in economic productivity of the
  152  area, along with the creation of at least 5 new permanent jobs
  153  at the brownfield site that are full-time equivalent positions
  154  not associated with the implementation of the brownfield site
  155  rehabilitation agreement and that are not associated with
  156  redevelopment project demolition or construction activities
  157  pursuant to the redevelopment of the proposed brownfield site or
  158  area. However, the job creation requirement does shall not apply
  159  to the rehabilitation and redevelopment of a brownfield site
  160  that will provide affordable housing as defined in s. 420.0004
  161  or the creation of recreational areas, conservation areas, or
  162  parks.;
  163         3. The redevelopment of the proposed brownfield site is
  164  consistent with the local comprehensive plan and is a
  165  permittable use under the applicable local land development
  166  regulations.;
  167         4. Notice of the proposed rehabilitation of the brownfield
  168  area has been provided to neighbors and nearby residents of the
  169  proposed area to be designated pursuant to paragraph (1)(c), and
  170  the person proposing the area for designation has afforded to
  171  those receiving notice the opportunity for comments and
  172  suggestions about rehabilitation. Notice pursuant to this
  173  subparagraph must be made in a newspaper of general circulation
  174  in the area, at least 16 square inches in size, and the notice
  175  must be posted in the affected area.; and
  176         5. The person proposing the area for designation has
  177  provided reasonable assurance that he or she has sufficient
  178  financial resources to implement and complete the rehabilitation
  179  agreement and redevelopment of the brownfield site.
  180         (d)(c) Negotiation of brownfield site rehabilitation
  181  agreement.—The designation of a brownfield area and the
  182  identification of a person responsible for brownfield site
  183  rehabilitation simply entitles the identified person to
  184  negotiate a brownfield site rehabilitation agreement with the
  185  department or approved local pollution control program.
  186         (12) A local government that designates a brownfield area
  187  pursuant to this section is not required to use the term
  188  “brownfield area” within the name of the brownfield area
  189  designated by the local government.
  190         Section 3. Paragraphs (a) and (b) of subsection (2) of
  191  section 376.82, Florida Statutes, are amended to read:
  192         376.82 Eligibility criteria and liability protection.—
  193         (2) LIABILITY PROTECTION.—
  194         (a) Any person, including his or her successors and
  195  assigns, who executes and implements to successful completion a
  196  brownfield site rehabilitation agreement, is shall be relieved
  197  of:
  198         1. Further liability for remediation of the contaminated
  199  site or sites to the state and to third parties. and of
  200         2. Liability in contribution to any other party who has or
  201  may incur cleanup liability for the contaminated site or sites.
  202         3. Liability for claims of any person for property damage,
  203  including, but not limited to, diminished value of real property
  204  or improvements; lost or delayed rent, sale, or use of real
  205  property or improvements; or stigma to real property or
  206  improvements caused by contamination addressed by a brownfield
  207  site rehabilitation agreement. Notwithstanding any other
  208  provision of this chapter, this subparagraph applies to causes
  209  of action accruing on or after July 1, 2014. This subparagraph
  210  does not apply to a person who commits fraud in demonstrating
  211  site conditions or completing site rehabilitation of a property
  212  subject to a brownfield site rehabilitation agreement or who
  213  exacerbates contamination of a property subject to a brownfield
  214  site rehabilitation agreement in violation of applicable laws,
  215  which causes property damages.
  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, 2014.
  224  
  225  ================= T I T L E  A M E N D M E N T ================
  226  And the title is amended as follows:
  227         Delete everything before the enacting clause
  228  and insert:
  229                        A bill to be entitled                      
  230         An act relating to brownfields; amending s. 376.78,
  231         F.S.; revising legislative intent with regard to
  232         community revitalization in certain areas; amending s.
  233         376.80, F.S.; revising procedures for designation of
  234         brownfield areas by local governments; providing
  235         procedures for adoption of a resolution; providing
  236         requirements for notice and public hearings;
  237         authorizing local governments to use a term other than
  238         “brownfield area” when naming such areas; amending s.
  239         376.82, F.S.; providing an exemption from liability
  240         for property damages for entities that execute and
  241         implement certain brownfield site rehabilitation
  242         agreements; providing for applicability; providing an
  243         effective date.
  244  
  245  
  246  
  247  
  248