HomeMy WebLinkAboutExhibit 1 - Version AFlorida Statute 376.77-85
Brownfield Redevelopment Act
And
State of Florida Summary Information on the
Program
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Title XXVIII
NATURAL RESOURCES; CONSERVATION,
RECLAMATION, AND USE
Chapter 376
POLLUTANT DISCHARGE
PREVENTION AND REMOVAL
view Entire
Chapter
376.77 Short title. —Sections 376.77-376.85 may be cited as the "Brownfields Redevelopment
Act."
History. s. 1, ch. 97-277; s. 1, ch. 98-75.
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Title XXy|U Chapter376 View Entire
NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter
RECLAMATION, AND USE PREVENTION AND REMOVAL
376,78 Legislative intent. —The Legislature finds and declares the following:
(l) The reduction Vfpublic health and environmental hazards o0existing commercial and industrial
sites is vita( to their use and reuse assources ofemployment, housing' recreation, and open space
areas. The reuse ofindustrial land is animportant component mfsound [and use policy for productive
urban purposes which will help prevent the premature development of farmland,, open space areas, and
natural areas, and reduce public costs for installing new water, sewer, and highway infrastructure.
(2) The abandonment or underVseof brovvmfieid sites also, results inthe inefficient use of public
facilities and services, as well as land and other natural resources, extends conditions of blight in, local
communities, and contributes to concerns about environmental equity and the distribution of
environmental risks across population groups.
(3) Incentives should be put in place to encourage responsible persons to voluntarily develop and
implement cleanup plans without the use of taxpayer funds or the need for enforcement actions by
state and local governments.
(4) Environmental and public health hazards cannot be eliminated without clear', predictable
remnediat|onstandards that provide for the protection mfthe environment and public health.
(5) Site rehabilitation should be based on the actual risk that contamination may pose to the
environment and public health, taking into account current and future land and water use and the
degree to which contamination may spread and place the public or the environment at risk.
(6) According to the statistical proximity study contained in the final report of the Environmental
Equity and Justice Commission, minority and tow -income communities are disproportionately impacted
by targeted environmentally hazardous sites. The results indicate the need for the health and risk
exposure assessments of minority and poverty populations around environmentally hazardous sites in this
state. Redevelopment of hazardous sites should address questions relating to environmental and health
consequences,
(7) Environmental justice considerations should be inherent in meaningful public participation
elements ofa brownfie(ds redevelopment program.
(0) The existence mfbrownfieldswithin a community may contribute to, or may be a symptom of,
overall community decline, including issues of human disease and illness, crime, educational and
employment opportunities, and infrastructure decay. The environment in an important element Vf
quality mflife inany community, along with economic opportunity, educational achievement' access to
health care, housing quality and availability, provision ofgovernmental services, and other
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socioeconomic factors, BrowmMekds redevelopment, property done, can hea significant element in
community revitalization.
(g) Cooperation among federal, state, and local agencies, local community development
organizations, and current owners and prospective purchasers of bnownfieid sites is required to
accomplish timely cleanup activities and the [edeve(opmnentor reuse of bnmvnfieid sites.
Mistory.—s.l^ch. 97-777.
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Tb1eXXV|N
NATURAL RESOURCES; CONSERVATION,
RECLAMATION, AND USE
Chapter 376
POLLUTANT DISCHARGE
PREVENTION AND REMOVAL
View Entire
Chapter
376.79 Definitions relating to Brovvnfiekb Redevelopment Act.—Asused in ss. 376.77'376.85,
the term:
(1) "Additive effects" means asdendfic principle that the toxicity that occurs as a result of
exposure is the sum of the toxicides ofthe individual chemicals to which the individual ioexposed.
(2) "Antagonistic effects" means a scientific principle that the toxicity that occurs asa result of
exposure is less than the sum of the toxicitics of the individual chemicals to which the individual is
exposed.
(3) "Brownfield siLeS"^ means real property, the expansion, redevelopment, or reuse ofwhich may be
complicated bvactual or perceived environmental contamination,
(4) "Brownfield area" means a contiguous area ofone Ormore boownfimid sites, some ofwhich may
not becuntaminated, and which has been designated by local government by resolution. Such areas
may include all or portions ofcommunity redevelopment areas, enterprise zones, empowerment zones,
other such designated economically deprived communities and mnmas. and Environmental Protection
Agency -designated bnavvnfield pilot projects,
(5) "Contaminant" means any physical, chemical, biological, or radiological substance present in any
medium which may result in adverse effects to human health or the environment Or which Creates an
adverse nuisance, Vrgano[epdc, or aesthetic condition in groundwater.
(6) "Contaminated site" means, any contiguous (and' sediment, surface water, or groundwater areas
that contain contaminants that may be harmful to human health or the environment,
(7) '`Departmment" means the Department ofEnvironmental Protection,
(0) "Engineering comtn)(u" rneama modifications LO a site to reduce oreliminate the potential for
exposure to chemicals ofconcern from petroleum products, dryc[eaningsoivemts' or other
contaminants. Such modifications may include, but are not limited to, physical orhydraulic control
measures, capping, point of use treatments, orslurry walls.
(9) "Environmental justice" means the fair treatment mfat[ people of all, races, cultures, and
incomes with respect bothe development, implementation, and enforcement ofenvironmental i3vvs,
regulations, and policies.
(10) "Institutional controls" means the restriction nnuse oforaccess toasite toeliminate or
minimize exposure tochemicals of concern from petroleum producta, drycieaoimBsoivemts, or other
contaminants. Such restrictions may include, but are not limited to, deed restrictions, restrictive
covenants, orconservation easements.
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(11) "Local pollution control program" means a local pollution control program that has received
delegated authority from the Department of Environmental Protection under ss. ]78.8O(9)and 4O3.18Z.
(12) "Natural attenuation" means averifiable approach to site rehabilitation that allows natural
processes to contain the spread of contamination and reduce the concentrations ofcontaminants 1n
contaminated groundwater and nmi[. Natural attenuation processes may include sorption,
biodegradation, chemical reactions with subsurface materials, diffusion, dispersion, and volatilization.
(13) "Person responsible for brownfieLd site rehabilitation" means the individual or entity that is
designated by the local government tuenter into the brownfieid site rehabilitation agreement with the
department or an approved local pollution control program and enters into an agreement with the local
government for redevelopment nf the site.
(14) "Person" means any individual, partner, joint venture, or corporation; any group of the
foregoing, organized or united fora business purpose; or any governmental entity.
(15) "Risk reduction" means the lowering or elimination of Lhe [eve[ of risk posed to human health
or the environment through interim remedial actions, ngmed'iai action, or institutional, and if
appropriate, engineering cuntrots.
(16) "SecreLary°' means the secretary of the Department of Environmental Protection,
(17) "Site rehabilitation" means the assessment ofsite contamination and the remediadon activities
that reduce the levels ufcontaminants at a site through accepted treatment methods to meet the
cleanup target levels established for that site. For purposes of sites subject to the Resource
Conservation and Recovery Act, as amended, the term includes removal, decontamination, and
corrective action ofreleases ofhazardous substances,
(18) "Source removal" means the removal offree product, orthe removal ofcontaminants from, soil
or sediment that has been contaminated to the extent that teaching to groundwater Orsurface water
has occurred orisoccurring.
(19) "Synergistic effects" means scientific principle that the toxicity that occurs as a result of
exposure is more than Lhe sum ofthe toxicideoofthe individual chemicals to which, the individual is
exposed.
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NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter
RECLAMATION, AND USE PREVENTION AND REMOVAL
376.80 Brownfield program administration prucess.—
(1) A local government with jurisdiction over the brownfie(d area must notify the, department of its
decision to designate a brOvvDfieid area for rehabilitation for the purposes ofsx. 376J7'376.86' The
notification must include resolution, by the local government body' towhich isattached a map
adequate to clearly delineate exactly which parcels are bmbeincluded in the brOwnfie[darea or
alternatively a ieas-detailed map accompanied by detailed legal description of the brownfieldanea. If
a property owner within the area proposed for designation by the iocai government requests in writing
to have his Vrher property removed from the proposed designation, the local government shall grant the
request. �FormunicipaUdes, the governing body shalt adopt the resolution in accordance with the
procedures outlined iMs. 166`041, except that the notice for the public hearings onthe proposed
resolution [nms[ be1nthe form established in s. 166.041(3)(c)2. For counties, the governing body shalt
adopt the resolution in accordance with the procedures, outlined in s. 125.66' except that the notice for
the public hearings on the proposed resolution shall be in the form established ins,. 125J58(4)(b)2.
(3)(a) If local government proposes to designate a bro*vmf|eid area that is outside community
redevelopment areas' enterprise zones, empowerment zones, closed military bases, or designated
bnowmfiehd pilot project areas, the local government shall adopt the resolution and cundwcLthe public
hearings inaccordance vAth, the requirements of subsection (?), except atleast one mftherequired
public hearings shalt beconducted a»close asreasonably practicable tothe area tobedesignated to
provide amopportunity for public input on the size, ofthe area, the objectives for rehabilitation, job
opportunities, and economic developments anticipated, neighborhood residents' considerations, and
other relevant local concerns. Notice of the public hearing must be made in a newspaper of general
circulation in the area and the notice must be at least 16square inches in size, must beinethnic
newspapers orlocal community bulletins, must be posted imthe affected area, and must be announced
at scheduled meeting ofthe local governing body before the actual public hearing. In determining the
areas tubedesignated, the local government must consider:
1. Whether the brownfie[d area warrants economic development and has a reasonable potential for
such activities;
l. Whether the proposed area tObedesignated represents a reasonably focused approach and is not
overly large ingeographic coverage;
3. Whether the area has potential to interest the private sector in participating tn rehabilitation;
and
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4. Whether the area contains sites orparts ofsites suitable for limited recreational open space,
cultural, Or historical preservation purposes.
(b) A local government shalt designate a brownMekd area under the provisions of this act provided
that:
1^ Aperson who owns nrcontrols apotential br0wnfe\dsite isrequesting the designation and has
agreed to rehabilitate and redevelop the brownOeid site;
2. The pehabtUtation and redevelopment nfthe proposed brnwnOeid site wit( result ineconomic
productivity of the area, along with the creation of at [east 5 new permanent jobs at the bnOwnDe[d Site
that are hml('time equivalent positions not associated with the implementation of the brownfie|d site
rehabilitation agreement and that are not associated with redevelopment project demoUdonor
construction activities pursuant to the redevelopment �ofthe proposed bmow'nfie[d site or area. However,
the jobcreation requirement shall not apply tothe rehabilitation, and redevelopment of brownfie|d
site that wilt provide affordable housing as defined in s. 420.0004or the creation of recreational areas,
conservation areas, or parks;
3. The redevelopment ufthe proposed b[Vwmfieid site isconsistent with the local comprehensive
plan and isa permittabie use under the applicable locai [and development regulations;
4. Notice 0[the proposed rehabilitation of the br8vvnyieid area has been provided to neighbors and
nearby residents ofthe proposed area to be designated, and the person proposing the area for
designation has afforded to those receiving notice the opportunity for comments and suggestions about
rehabilitation. Notice pursuant to this Subparagraph must be made in a newspaper ofgeneral circulation
in the area, at [east 16square inches in size, and the notice must be posted in the affected area; and
5. The person proposing the area for designation has provided reasonable assurance that he or she
has sufficient financial resources toimplement and complete the rehabilitation agreement and
redevelopment of the brpwmfie(d site.
(c) The designation of brownfieW area and the identification of person responsible for
b,owmfieid site rehabilitation simply entitles the identified person to negotiate a brownfieid site
rehabilitation agreement with the department or approved local pollution control program.
(]) When there is person responsible for brownfieid site rehabilitation, the local government must
notify the department of the identity of that person. If the agency or person who wilt be responsible for
the coordination changes during the approval process specified in subsections (4)' (5), and (8), the
department orthe affected approved local pViiuboncnntmm( program must notify the affected local
government when the change occurs.
(4) Local governments orpersons responsible for rehabilitation and redevelopment ofbrownfieid
areas must establish an, advisory committee or use an existing advisory committee that has formally
expressed its intent to address redevelopment ofthe specific brovvmfieCd area for the purpose of
improving public participation and receiving, public comments on rehabilitation and redevelopment of
the bn3wnfieid area, future land use, local employment opportunities, community safety, and
environmental justice, Such advisory committee should include residents within nradjacent tnthe
bnownfiebd area, businesses operating within the bnovvmfieid area, and others deemed appropriate, The
person nesponsibteh)r brovvnfieid site rehabilitation must notify the advisory committee ofthe intent to
rehabilitate and redevelop the site before executing the hrmwnfimkd site rehabilitation agreement, and
provide the committee with! a copy ofthe draft plan for site rehabilitation which addresses elements
required by subsection (5). This includes disclosing potential reuse of the property aswelt as site
rehabilitation, activities, if any, to be performed. The advisory committee shalt review any proposed
redevelopment agreements prepared pursuant to paragraph (5)(i)and provide comments, if appropriate,
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tothe board ofthe local government with jurisdiction over the brovvnfekjarea. The advisory committee
must receive acopy of the executed hmwn�fieid site rehabilitation agreement. When the person
responsible for brownfieid site rehabilitation submits asite assessment report nrthe technical document
containing the proposed course of action following site assessment to the department or the local
pollution control program for review, the person responsible for bruwmfie\d site rehabilitation must hold
a meeting or attend J regm(ahy scheduled meeting to inform the advisory committee of the findings and
recommendations in the site assessment report or the technical document containing the proposed
course ufaction following site assessment.
(5) The person responsible forb[Cxvni site rehabilitation must enter into a brovvnfieKdsite
rehabilitation agreement with the department or an approved local pollution control program if actual
contamination exists atthe brovvnfipLd site. The brownOe(d site, rehabilitation agreement must include:
(a) 4 bnovvDhe&d site rehabilitation schedule, including milestones for completion of site
rehabilitation tasks and submittal of technical reports and rehabilitation plans as agreed upon by the
parties tothe agreement.
(b) A commitment to conduct site rehabilitation activities under the, observation of professional
engineers or geologists who are registered in accordance with the requirements of chapter471 or
chapher492' respectively, Submittals provided by the person responsible for brownfield site
rehabilitation must be signed and seated by a professional engineer registered under chapter 471, or a
professional geologist registered under chapter 492' certifying that the submittal and associated work
comply with the law and rules of the department and those governing the profession. In addition` upon
completion of the approved remedial action, the department shalt require a professional engineer
registered under chapter471 or professional geologist registered under chapter 492 to certify that the
corrective action was, to the best ofhis or heir knowledge, completed in substantial conformance with
the plans and specifications approved by the department.
(c) Acnmmnitment to conduct site rehabilitation in accordance with department quality assurance
rules.
(d) Acommitment to conduct site rehabilitation consistent with state, federal, and local laws and
consistent with the brownfie(d site contamination cleanup criteria 1ns.376J81'including any applicable
requirements for risk -based corrective action.
(e) Timeframes for the department's review of technical reports and plans submitted in accordance
with the agreement. The department shall, make every effort toadhere toestablished agency goals for
reasonable dmeframes for review of such documents.
(y) A commitment tosecure site access for the department o[approved local pollution control
program to all bvownfickdoites within the eligible brownDeid area for activities associated with site
rehabilitation.
(8) Other provisions that the person responsible for bmovvnfieidsite rehabilitation and the
department agree upon, that are consistent with os. 376,77-378.88, and that will improve o[enhance
the brownfieidsite rehabilitation process.
(h) Acu'nmitmemt toconsider appropriate pollution prevention measures and to implement those
that the person responsible for brownfie|dsite rehabilitation determines are reasonable and cost-
effective' taking into account the ultimate use or uses of the brovvnfieid site. Such measures may
include improved inventory or production controls and procedures for preventing toss, spills, and leaks
of hazardous waste and materials, and include goats for the reduction of releases oftoxic materials.
(i) Certification that the person responsible for brownfieidsite rehabilitation has consulted with the
local government with jurisdiction over the brov"nfie(darea about the proposed redevelopment ofthe
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brovvnfie(d site, that the local government is in agreement with orapproves the proposed
redevelopment, and that the proposed redevelopment compties with, applicable laws and requirements
for such redevelopment. Certification shalt be accomplished by referencing or providing a legally
recorded or �fficiatty approved (and use or site plan, a development order or approval, a building
permit, or a similar official document issued by the local government that reflects the local
government's approval of proposed redeve|opmemt of the bro*vmfie\d site; providing a copy ofthe local
government resolution designating the brownfie(d area that contains the proposed redevelopment of the
brovvnfie(d site; Or providing letter from the local government that describes the proposed
redevelopment of the hrmv^nfieid site and expresses the local government's agreement with or approval
ofthe proposed redevelopment,
(6) Any contractor performing site rehabilitation program tasks must demonstrate tothe department
that the contractor'.
(a) Meets all certification and license requirements imposed by taw; and
(b) Will conduct sample collection and analyses pursuant tndepartment rules.
(7) During the cleanup process, ifthe department or local program faits to complete review ofa
technical document within the dmefranoe specified! in the brownfie[d site rehabilitation agreement, the
person responsible for bnnwnfieid site rehabilitation may proceed to the next site rehabilitation task.
However, the person responsible for bpVwnfie(d site rehabilitation does smatits own risk and may be
required by the department or local program to complete additional work on a previous task, Exceptions
Lothis subsection include requests for "no further action," "monitoring only proposals," and feasibility
studies, which must be approved prior to implementation.
(8) If the person responsible for brovvnfieid site rehabilitation faits to comply with the b,ownfie{d
site rehabilitation agreement, the department shall allow 98 days for the person responsible for
brownfie(d site rehabilitation to return to compliance with the provision at issue or to negotiate a
modification Lathe brcmvnfie[d site rehabilitation agreement with the department for good cause shown.
|fanimminent hazard exists, the 90-day@race period shalt not apply. If the project is not returned to
compliance with the brovvnfie(d site rehabilitation agreement and a modification Cannot be negotiated,
the immunity provisions ofs. 376.82 are revoked.
(9) The department is specifically authorized and encouraged to, enter into delegation agreements
wdth local pollution control programs approved mndprs. 403.182 to administer the brownfieid program
wit bin theirjurisdictiVns, thm,ebv maxi mnizing the iotegrmdo,n of this process with the other iocai
development processes needed to facilitate redevelopment of brnwmhe(d area. When determining
whether delegation pursuant to this subsection ofall orpart Ofthe brownfieid program to local
Pollution control program is appropriate, the department shalt consider the following. The local
pollution control program must:
(a) Have and maintain the administrative organization, staff, and financial and other resources to
effectively and efficiently implement and enforce the statutory requirements ofthe delegated
brownfieidpno8ram; and
(b) Provide for the enforcement mfthe requirements of the delegated browmfieid program, and for
notice and aright tochallenge governmental action, byappropriate administrative and judicial process,
which shalt bespecified imthe delegation.
The local pollution control program shall not be delegated authority to take action 0mo[to make
decisions, regarding any bmwnfie[d site on land owned' by the local govemmemt. Any delegation
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ensure the effective and efficient administration and enforcement of the statutory requirements, of the
browm/eVd program as established by the act and the relevant mules and other criteria of the
department.
(10) Local governments are encouraged to use the full range of economic and tax incentives
available to facilitate and promote the rehabilitation Vfbrownfieid areas, tohelp eliminate the public
hea[th and environmental hazards, and to promote the creation of jobs and economic development in
these pneviouu[yrun-down, blighted, and underutilized areas.
(11)(a) The Legislature finds and declares that:
1. Brownfield site rehabilitation and redevelopment can improve the overall health of a community
and the quality of life for communities, including for individuals living in such communities.
Z. The community health benefits of brovvnfield site rehabilitation and redevelopment should be
better measured in order to achieve the legislative intent as expressed in, s. 376,78.
3. There is need in this state todefine and better measure the community health benefits of
bnownfie(dsite rehabilitation and redevelopment,
4. Funding sources should be established tVsupport efforts bvthe state and local governments, in
collaboration with local health departments, community health providers, and nonprofit organizations'
toevaluate the community health benefits of brovvnfie\d site rehabilitation and redevelopment.
(b) Local governments may and are encouraged to evaluate the community health benefits and
effects $fbrov^nfieKd site rehabilitation, and redevelopment in connection with bM]vvnfie|d areas located
within their jurisdictions. Factors that maybe evaluated and monitored before and after brownMeidsite
rehabilitation and redevelopment include, butane not limited to:
1. Health status, disease distribution, and quality of life measures regarding populations living in or
around brownfip(d sites that have been rehabilitated and redeveloped.
Z. Access to primary and other health care orhealth, services for persons living in or around
brovvnfim|dsites that have been rehabilitated and redeveloped,
3. Any new or increased access to open, green, park, orother recreational spaces that provide
recreational opportunities for individuals living in or around browvnfie[d sites that have been
rehabilitated and redeveloped.
4. Other factors described in rules adopted by the Department nfEnvironmental Protection Vrthe
Department of Health, as applicable.
(c) The Department of Health may and is, encouraged to assist local governments, incoHaboration
with local health dep@MLmrents, community health providers' and nonprofit organizations, in evaluating
the community health benefits ufbrown/iaid site rehabilitation and redevelopment.
History.—c4, ch. 97-277;s. }^ ch. 98-75; s. 11,ch. lUUO-]17;s.2'ch. 2804'40;s.44' ch. 2005'2;». 7. ch. lOQh'ZY1;s. 5,
ch. 2008-239.
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NATURAL RESOURCES; CONSERVATION,
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Chapter]76
POLLUTANT DISCHARGE
PREVENTION AND REMOVAL
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Chapter
378~81 Brownfield site and brownfiehJareas contamination cleanup criterim,—
(1) It is the intent of the Legislature to protect the health of all people under actual circumstances
of exposure. ByJuly 1'2001,the secretary of the department shalt establish criteria by rule for the
purpose ofdetermining, on a site —specific basis' the rehabilitation program tasks that comprise a site
rehabilitation program and the level at which a rehabilitation program task and a site rehabilitation
program may be deemed completed. |nestablishing the rule, the department shall apply, to the
maximum extent feasible, a risk -based corrective action process tmachieve protection of human health
and safety and the environment in acost-efhecdva manner based on the principles set forth in this
sutmection. The rule must prescribe phased risk -based corrective action process that is iterative and
that tailors site rehabilitation tasks tVsite-specific conditions and risks. The department and the person
responsible for brownfieid site rehabilitation are encouraged to establish decision points at which risk
management decisions wit[ be mad�. The department shall provide an early decision, when requested,
regarding applicable exposure factors and a risk management approach based on the current and future
land use at the site. The rule shall a(so include protocols for the use of natural attenuation, the use of
institwbomai and engineering cODtm0is' and the issuance of '"nu further action" letters. The criteria for
determining what constitutes a rehabilitation program task or CVrnpiedmn of site rehabilitation
program task orsite rehabilitation program must:
(a) Consider the current exposure and potential risk of exposure to humans and the environment,
including multiple pathways ofexposure. The physicat' chemica(, and biological characteristics ofeach
contaminant must be considered in order k}determine the feasibility of risk -based corrective action
assessment.
(b) Establish the pmiot of compliance at the source ofthe contamination. However, the department
is authorized to temporarily move the point of compliance to the boundary of the property, or to the
edge ofthe plume when the plume iswithin the property boundary, white cleanup, including cleanup
through natural attenuation processes imc0n^umct1o�nwith appropriate monitoring, is proceeding. The
department also 1sauthorized, pursuant to criteria provided for in this section, to temporarily extend
the point of compliance beyond the property boundary with appropriate monitoring, if such extension is
needed to facilitate natural attenuation or to address the current conditions of the plume, provided
hunlae health, public safety, and the environment are protected. When temporarily extending the point
ofcompliance beyond the property boundary, itcannot be extended further than the lateral extent of
the plume, atthe time Dfexecution ofthe brownfieidsite rehabilitation, agreement, if known, or the
lateral extent ofthe plume as defined atthe time of site assessmenL. Temporary extension nfthe point
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of compliance the property boundary, as provided in this paragraph, must include actual notice
by the person responsible for brownfield site rehabilitation to local governments and the owners of any
property into which the point of compliance is allowed tOextend and constructive notice to residents
and business tenants of the property into which the point of compliance is allowed to extend. Persons
receiving notice pursuant to this paragraph shalt have the opportunity to comment within 30 days of
receipt of thenmtice.
(c) Ensure that the site -specific cleanup goal is that all contaminated brmw/nfieid sites and
brnwnfieid areas ultimately achieve the applicable cleanup target levels provided in this section, In the
circumstances provided below, and after constructive notice and opportunity tocomment within 30 days
from, receipt of the notice to tVca[ government, to owners of any property into which the point of
compliance is allowed to extend, and to residents on any property into which the point of compliance is
allowed to extend, the department may allow concentrations, of contaminants to temporarily exceed the
applicable cleanup target levels white cleanup, including cleanup through naturaL attenuation processes
inconjunction with appropriate monitoring, is proceeding, if human health, public safety, and the
envin}nrneDtare protected.
(d) Allow brmvvnfieid site, and b,ovvnfimld area rehabilitation programs to, include the use of
institutional mrengineering controls, where appropriate, to eliminate nrcontrol the potential exposure
to contaminants of humans or the environment. The use of controls must be pnmapproved by the
department and only after constructive notice and opportunity tocomment within 30days from receipt
of notice is provided to local governments, to owners of any property into which the point of compliance
is allowed to extend, and to residents on any property into which the point ofcompliance isallowed to
extend. VVheminstiLutionJi orengineering controls are implemented to control exposure, the removal of
the controls must have prior department approval and must be accompanied by the resumption of active
cleanup, or other approved controls, unless cleanup target levels under this section have been achieved.
(e) Consider the additive effects of contaminants. The synergistic and antagonistic effects shall also
beconsidered when the scientific data become available.
(f) Take into consideration individual site characteristics, which shall include, but not be limited to,
the current and projected use ufthe affected groundwater and surface water in the vicinity of the site,
current and projected land uses of the area affected by the contamination, the exposed population, the
degree and extent of contamination, the rate of contaminant migration, the apparent or potential rate
ofcontaminant degradation through natural attenuation processes, the location ofthe plume, and the
potential for further migration 1n relation to site property boundaries.
(g) Apply state water quality standards as follows:
1. Cleanup target levels for each contaminant found 1ngroundwater shall be the applicable state
water quality standards. Where Such standards do not exist, the cleanup target levels for groundwater
shall be based on the nninimnmnn criteria specified in department ruhe, The department shalt apply the
following, as appropriate, in establishing the applicable cleanup target levels: calculations using
lifetime cancer risk level of 1.Q['6| a hazard index of 1 or less; the best achievable detection limit; and
nuis3mce,orQanoiept|c' and aesthetic considerations. However, the department shalt not require site
rehabilitation to achieve a cleanup target level for any individual contaminant which is more stringent
than the site -specific' naturally occurring background concentration for that contaminant.
2. Where surface waters, are exposed tocontaminated groundwater, the cleanup target levels for
the contaminants shalt be bayed on the more protective of the groundwater or surface water standards
as established by department rule. The point of measuring compliance with the surface water standards
shall be in the groundwater immediately adjacent to the surface water body.
Statutes & Constitution ;\/ievf Statutes . Online SVmmh'oe Page 3 of
3. Using risk -based corrective action principles, the department shalt approve alternative cleanup
target levels imoo�njuochomwith, institutional and engineering comLrnb.ifneoded' based upon mn
applicant's demonstration, using site -specific data, rnudeUm8 results, risk assessment studies, risk
reduction techniques, or combination thereof, that human health, public safety, and the environment
are protected to the same degree as provided in subparagraphs 1. and I. Where m state water quality
standard is applicable, a deviation may not result in the application of cleanup target levels more
stringent than the standard. In determining whether it is appropriate to establish alternative cleanup
target levels at a site, the department must consider the effectiveness of source namuvai` if any, which
has been completed at the site and the practical Likelihood Vfthe use nflow yield mrpoor quality
groundwater, the use ofgroundwater near marine surface water bodies, the current and projected use
of the affected groundwater in the vicinity of the site, or the use of groundwater in the immediate
vicinity ofthe contaminated area, where it has been demonstrated that the groundwater contamination
is not migrating away from such localized source, provided human heafth, public safety, and the
environment are protected. When using alternative cleanup target levels ata brovvnfieKd site,
institutional controls shalt not berequired if:
a. The only cleanup target levels exceeded are the groundwater cleanup target Levels derived from
nuisance, organoN»ptic, oraesthetic considerations;
b. Concentrations of all contaminants meet the state water quality standards ormninimumn criteria,
based on protection, of human health, provided in subparagraph I.;
c. All of the groundwater cleanup target levels established pursuant to subparagraph I . are met at
the property boundary;
d. The person responsible for bnmw/nfieid site rehabilitation has demonstrated that the contaminants
wilt not migrate beyond the property boundary atconcentrations exceeding the groundwater cleanup
target Levels established pursuant tosubparagraph, 1-;
a. The property has access tnand is using amoffsite water supply and nounplugged private wells are
used for domestic purposes; and
f. The real property owner provides written acceptance of the "no further action" proposal to the
department orthe local pollution control program.
(h) Provide for the, department to issue "no further action order'" with conditions, including, but
not Limited to, the use ofinstitutional orengineering controls where appropriate, when alternative
cleanup target iewab established pursuant to subparagraph (g)]. have been achieved, or when the
person responsible for browmf|eid site rehabilitation can demonstrate that the cleanup target Level is
unachievable within available technologies. Prior to issuing such an order, the department shall consider
the feasibility of an alternative site rehabilitation technology in the brownfield area.
(i) Establish appropriate cleanup target levels for soils.
1. kn establishing soil cleanup, target levels for human exposure to each contaminant found in soils
from the (and surface to feet below Land sWrface, the department shall apply the following, as
appropriate: calculations, using a Lifetime cancer risk level of 1.OE'6; a hazard index of 1 or less; and the
best achievable detection limit. However, the department shall not require site rehabilitation to
achieve a cleanup target level for an individual contaminant which is more stringent than the site -
specific, naturally occurring background concentration for that contaminant. Institutional controls or
other methods shall be used to prevent human exposure tocontaminated soils more than feet below
the land surface. Any removal u/such institutional controls shall require such contaminated soils to be
renmediated.
Statutes & COJIStiftltlon Niew Statutes :: Online Sunshine Page 4 ol'4
2. LeachaLdHsoi[target levels shalt bebased un protection of the groundwaterckeanup
target levels, or the alternate cleanup target levels for groundwater established pursuant tuthis
paragraph, as appropriate. Source removal and other cost-effective alternatives that are technologically
feasible shalt be considered in achieving the leachabiUtysmi[ target levels established by the
department. The leachability goats shalt not be applicable i[the department determines, based upon
individual site characteristics, and in conjunction with institutional and engineering controls, if needed,
that contaminants *jK noL teach into the groundwater at levels that pose a threat to human health'
public safety, and the environment.
3. Using risk -based corrective action primcip\es' the department shalt approve alternative cleanup
target levels in conjunction with, institutional and engineering controls, if needed, based upon an
applicant's demonstration, using site'specificdata, modeling results, risk assessment studies, risk
reduction techniques, o[acombination thereof, that human health, public safety, and the environment
are protected to the same degree as provided in subparagraphs 1. and 2.
(2) The department shalt require source removal, as a risk reduction measure, ifwarranted and cost
-effective. Once source removal at a site is complete, the department shalt reevaluate the site to
determine the degree of active cleanup needed to continue. Further, the department shalt determine if
the reevaluated site qualifies for monitoring only or if no further action is required to rehabilitate the
site. If additional site rehabilitation is necessary to reach ''nu further acdOm" status' the department is
encouraged to utilize natural attenuation and monitoring where site conditions warrant.
(3) The cleanup criteria described in this section govern only site rehabilitation activities occurring
at the contaminated site. Removal of contaminated media from a site for offsite relocation ortreatment
must beimaccordance with all applicable federal, state' and local laws and regulations.
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]iLleXXY1U Chapter376
NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE
RECL4y4ATI[)N,AND USE PREVENTION AND REMOVAL
376.82 Eligibility criteria and liability protectio,n.,—
(1) EUG[BILFFY.—AnypersomvvhVhaxnotcausedorcontrbutedhmthecomtaninatiomofabruwnfieN
site on or after July 1, 1997' is eligible to participate in the brmwnfieN program established in ss. 376.77
'378.85, subject to the following,:
(a) Potential brownfieNsites that are subject Umanongoing formal judicial oradministrative
enforcement action or corrective action pursuant to federal, authority, including, but not United to, the
Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. sg. 9601 et seq., as
amended; the Safe �Drinking Water Act, 42 U.S. sx, 308f-300i. as amended; the Clean Water Act, 33
U.S.C. xx. 1251-1387, as amended; or under an order from the United States Environmental Protection
Agency pursuant to o. 3008(h) of the Resource Conservation and Recovery Act, as amended (42 0.S.C.X.
s. 6928(h)); or that have obtained or are required to obtain a permit for the operation of hazardous
waste treatment, storage, or disposal facility; a pustciosure permit; or a permit pursuant to the federal
Hazardous and Solid Waste Amendments of 1484, are not eligible for participation wm[esm specific
exemptions are secured by a memorandum of agreement with the United States Environmental
Protection Agency pursuant to paragraph (2)(0). Abrownhe(d site within an eligible browmfieid area that
subsequently becomes subject to format judicial or administrative enforcement action or corrective
action, under such federal authority shall have its eligibility revoked unless specific exemptions are
secured by e memorandum of agreement with the United States Environmental Protection Agency
pursuant toparagraph (I)(g).
(b) PerSon�s*h$ have not caused orcontributed to the contamination of browmfieiU site on or after
JuKy1, 1gA7,and who, prior to, the department's approval ofa brm*nfimidsite rehabilitation agreement,
one subject to ongoing corrective action or enforcement under State authority established in this,
chapter or ch@pter4D3, including those persons subject to a pending consent order with the state, are
eligible for participation in a brcx*nfieid site rehabilitation agreement if:
1. The proposed brmwmfie(d site is ciurnentiy idle or undermdUzed as a result of the contamination,
and participation in the bruvvnfieid program wilt immediately, after cleanup or sooner, result in
increased economic productivity 3tthe site, including at a minimum the creation of 10 new permanent
jobs, whether full-time or paML-time' which are not associated with implementation of the brovvnfieid
site rehabilitation agreement; and
l. The person i$complying imgood faith with the terms ofanexisting consent order or department -
approved corrective action plan, or responding in good faith to an enforcement action, as evidenced by
a determination i:ssued by the department or an approved local pollution control program,
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Statutes & Constitution Niew Statutes : Online Sunshine Page 2 of 4
(c) Potential bnownfiekdsites owned by the state ora kc6i government which contain contamination
for which a governmientat entity is potentially responsible and which are already designated as federal
broxwnfieid pilotprojects orhavehledmmapphcadonfmrdesigmaiiontodheUmited5tateSEmironmentai
Protection Agency are eligible for participation in a bnnwmMeid site rehabilitation agreement.
(d) After July 1, 1997' petroleum Jnddry[ieani0g contamination sites shalt not receive both
restoration funding assistance available for the discharge under this chapter and any state assistance
available under s.ZGB.107.Nothing inthis act shalt affect the cleanup, criteria, priority ranking, and
other rights and obligations inherent in petroleum contamination and dryc&eauing contamination site
rehabilitation under ss.376.3O'376.317'or the availability cfeconomic incentives otherwise provided
for bytaw.
(2) UAML|TYPROTECT|ON.—
(a) Any person, including his or her successors and assigns, who executes and implements to
successful completion a brOwnf|etd site rehabilitation agreement' ShmU be relieved of further liability
for remnediatiunofthe contaminated site or sites to the state and to third parties and of habiWtyin
contribution to any other party who has or may incur cleanup liability for the contaminated site or sites.
(b) This section shalt not be construed as (imitation on the right ofa third party other than the
state to pursue an action for damages to property orperson; however, such anaction may not compel
site rehabilitation in excess of that required in the approved b[owmMe[d site rehabilitation agreement or
otherwise required by the department or approved local pollution control program.
c) This section shalt not affect the ability mrauthority tmseek contribution from any person who
may have liability with respect tothe contaminated site and who did not receive cleanup Liability
protection under this act.
(d) The liability protection provided under this section shmUbecome effective upon execution ofa
brownfield site rehabilitation agreement and shaU remain effective, provided the person responsible for
bnOwnfieid site rehabilitation complies with the terms, of the site rehabilitation agreement. Any statute
of limitations that would bar the department from pursuing relief inaccordance with its existing
authority iStotted from the time the agreement isexecuted until site rehabilitation iscompleted or
immunity isrevoked pursuant toS.376.8O(0).
(m) Completion of the performance ofthe nemediationobhgad0ns atthe h[ownfieid site shalt be
evidenced by a site rehabilitation completion letter or a "no further action" Letter issued by the
department orthe approved local pollution control program, which letter shalt include the following
statement: "Based upon the information provided by (property owner) concerning property located at
(address), it is the opinion of (the Florida Department of Environmental Protection or approved local
pollution control program), that (party) has successfully and satisfactorily implemented the approved
brovvnMe(U site rehabilitation agreement schedule and, accordingly, nofurther action is required to
assure that any land useidentified'im the, browmfimid site rehabilitation agreement is consistent with
existing and proposed uses."
(f) Compliance wdtNs. 376.80(5){i) must be evidenced as set forth in that paragraph.
(0) The Legislature recognizes its [imitations in addressing cleanup liability under federal pollution
control programs. In an effort tosecure federal Liability protection for persons witting to undertake
renmediation responsibility at a brmwnfieid site, the department shalt attempt to negotiate a
memorandum ofagreement orsimilar document with the United States Environmental Protection
Agency, whereby the United States Environmental Protection Agency agrees toforego enforcement uf
federal corrective action authority at browmfietd sites that have received auite rehabilitation
completion or "no further action" determination from the department or the approved local pollution
I eg.state. O. —
9/2
Statutes & Constitution Niew Statutes . Online Sunshine Page 3 of 4
control program or that are in the process of implementing a brovvnfieid site rehabilitation agreement {n
accordance with this act.
(h) No unit ofstate o, local government may be held liable for implementing corrective actions ata
contaminated site within an eligible brownheid area as result ofthe involuntary ownership ofthe site
through bankrup�tcy'tax delinquency, abandonment ,orother cincumnstancesinwhich the state orlocal
government involuntarily acquires title by virtue of its function as a Sovereign, or as a result of
ownership from donation, gift, or foreclosure unless the state orlocal government has otherwise caused
or contributed to a release ofa contaminant at the bnownOeid site.
(i) The Legislature finds and declares that certain browmMeid sites may be redeveloped for open
space' or limited recreational, cuituxai, or historical preservation purposes, and that such facilities
enhance the redeveloped environment, attract visitors, and provide wholesome activities for employees
and residents ofthe area. Further, the Legislature finds that purchasers of contaminated sites who are
nonprofit conservation organizations acting for the public interest and who did' not cause or contribute
to the release ofcontamination on the site warrant protection from liability.
(j) Notwithstanding any provision of this chapter, chapter4Q3' other laws, or ordinances of local
governments, a nonprofit, charitable, federal tax-exempt, S. 501(c)(3) national (end conservation
corporation which purchases title to property in the state for the purpose ofconveying such land to any
governmental entity for conservation, historical preservation or cultural resource, park, gneeDway, or
other similar uses shall not be Wabte to the state, local government, or any third party for penalties or
MemediatiOn costs in connection with environmental contamination found in the soil Vrgroundwater of
such property, provided that such corporation did not cause the original deposit or release ofthe
environmental contaminants, and provided the department and local pollution control program and
responsible parties have access to the (and for investigation, remediatiom, or monitoring purposes.
(k) A person whose property becomes contaminated due tVgeophysical Orhydrologic reasons,
including the migration Ofcontaminants onto their property from the operation offacilities and
activities on a nearby designated brOwnfie\d area, and whose property has newer been occupied by
business that utilized or stored the contaminants or similar constituents is not subject to administrative
or j udiciat action brought by or on behalf of another to compel the rehabilitation of or the payment of
the costs for the rehabilitation of sites contaminated by ma1ehals that migrated onto the property from
the designated bro*nfie�id area, if the person:
1. Does not own and has never held an ownership interest in, or shared in the profits of, activities in
the designated browmMeidarea operated atthe source location;
Z. Did not participate iOthe operation or management ofthe activities in the designated brovvnMeid
area operated atthe source location; and
3. Did not cause, contribute to, or exacerbate the release or threat of release of any hazardous
substance through any act oromission.
(|) When a property, including a brovvnfieid site, escheats toa county, the county is not subject to
any liability imposed by this chapter or cbapLer4Q] for preexisting soil or groundwater contamination
due solely tOits ownership. However, this paragraph does not affect the rights or liabilities of any past
or future owners of the escheated property and does not affect the liability of any governmental entity
for the results of its actions that create or exacerbate a pollution source. The county and the
Department of Environmental PPVterLfnn may enter into a written agreement for the performance,
funding, and reimbursement of thie investigative and remedial acts necessary for a property that
escheats tnthe county.
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(9) RB]PENER6.—Uponcompletion ofsite rehabilitation, in compliance with ss. I76^77-376]85, no
additional site rehabilitation shalt be required Unless itimdemonstrated!
(a) That fraud was committed indemonstrating site conditions orcompletion of site rehabilitation;
(b) That new information confirms the existence of an area Ofpnevioustyunknown contamination
which exceeds the site -specific rehabilitation levels established |naccordance with s. 376.81' or which
otherwise poses the threat of real and substantial harm to public health' safety, or the environment in
violation ufthe terms of»s. 376,77-37h,85;
(c) That the nemediadouefforts failed to achieve the site rehabilitation criteria established under o-
378.O1'
(d) That the level ufrisk ioincreased beyond the acceptable risk established unders. 376.81 due to
substantial changes in exposure conditions, such as a change in land use from nonresidential to
residential use. Any person who changes the (and use of the bru*vnfie<dsite thus causing the level ofrisk
to increase beyond the acceptable risklevei may be required by the department toundertake additional
remediation measures to assure that human health, public safety, and the environment are ppo�tectedto
levels consistent withs. 376.8,1; or
(e,) That a new release occurs at the brownfietd site subsequent to: a determination of eligibility for
participation in the Mnownfie0d program established unders. 376.80,
(4) ADDITIONAL LIABILITY PROTECTION FOR LENDERS.—
(m) The Legislature declares that, in order to achieve the, economic redevelopment and site
rehabilitation Ofbnownfle|d sites in accordance with this act' it is imperative L0encourage financing uf
real property transactions involving brovvmfie[d site rehabilitation plans. Accordingly, lenders, including
those serving as trustee' persona( representative, or in any other fiduciary capacity, in connection
with a loan, are entitled to the liability protection established in subsection (Z) if they have not caused
or contributed to a release of a contaminant at the brovvnfieid site.
(b) Lenders who hold indiCia of ownership of a parcel within a brownfiekj area primarily LV protect m
security interest or who own a parcel within a bnmwnfieid area as a result of foreclosure or deed in lieu
of foreclosure of a Security interest and who seek to sell, transfer, or otherwise divest the parcel via
sale at the earliest pracdcabietinme are not liable for the release mrdischarge of contaminant from
the parcel; for the failure of the person responsible for brownfia|dsite rehabilitation to comply with the
bnownfie[d site rehabilitation agreement; orfor future site rehabilitation activities required pursuant to
a neopenerprovision established in subsection (3)vvhere the tender has not divested the borrower of, or
otherwise engaged in, dncisiummaking control ofthe site rehabilitation nrsite operations or undertaken
management activities beyond those required toprotect its financia[interest while making agood faith
effort to sett, the site as soon as practicable and when an act or omission of the tender has not otherwise
caused or contributed: to release ofa contaminant at the browmfielld site,
(c) The economic incentives that were granted to a person responsible for site rehabilitation by
state or local governments shall not accrue too tender who obtains ownership 0fthe b[ovvnfie[dsite by
one of the methods described in this subsection. The economic incentives are abated during the tender's
ownership, but they may be transferred and reinstated upon the sale of the br0wnfieid Site.
History.—s. 8.ch. 97-277|s, 5.ch. 98'75; s. 182,ch.99-13;s. 13, ch. 2800-317;s. J,ch. 2004'40; s. 71'ch. 2007-5/ s. b,
ch.20882lY.
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NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter
RECLAMATION, AND USE PREVENTION AND REMOVAL
376.83 Violation; penaMies.—
(1) |tisa vicAatiVnOfss. 376.77-378.85, and itisPmhiibited for any person, toknowingly make any
fahe statement, representation, or certification in any application, record, report, plan, or other
document filed or required to be maintained, or to falsify, tamper with, or knowingly render inaccurate
any monitoring device or method required to be maintained umderss. 376.77-376,05' or by any permit'
rule, Vrorder issued under this chapter orchapter 4Ol
(2) Any person who willfully commits a violation specified in subsection (1) is guilty of a
misdemeanor ofthe first degree, punishable byafine ofnot more than $1U,O0Omrby6months in jai[,
or by both, for each offense. Each day during any portion of which such violation occurs constitutes
separate offense.
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NATURAL RESOURCES; CONSERVATION, POLLUTANT DISCHARGE Chapter
RECLAMATION, AND USE PREVENTION AND REMOVAL
378.04 Brownfield rede�veknonnenteconomic inmentiYeo.—Itisthe intent ofthe Legislature that
broYvnfiek1 redevelopment activities be viewed as opportunities tosignificantly improve the utilization,
general condition, and appearance of these s,ites. Different standards than those inplace for new
development, as allowed under current state and local taws, %Mmuid be used to the fullest extent to
encourage the redevelopment ofa brownfiekj. State and local governments, are encouraged to offer
redevelopment incentives for this purpose, as an ongoing public investment in infrastructure and
services, to help eliminate the public health and environmental hazards, and to promote the creation of
jobs in these areas. Such incentives may include financial, regulatory, and technical assistance to
persons and businesses involved in the redevelopment of the brovvnfieid pursuant to this act.
(1) Financial incentives and local incentives for redevelopment may include, but not be limited to:
(a) Tax increment financing through community redevelopment agencies pursuant tnpart Ill of
chapLer183.
(b) Enterprise zone tax exemptions for businesses pursuant to chapters 196and 290.
(c) Safe neighborhood improvement districts as provided in ss. 163.501-163.523.
(d) Waiver, reduction, orlimitation bytine o[business with respect tObusiness taxes pursuant to
chapter2W5,
(e,) Tax exemption for historic properties aSprovided inm. 196.1997.
(f) Residential electricity exemption o[upto the first 500 kilowatts of use may be exempted from
the municipal public service tax pursuant tos. 166231.
Minority business enterprise programs as provided ins. 287J0943.
Electric and gas tax exemption as providedins.188.23O(6).
Economic development tax abatement as provided in s. 196.1995.
Grants, including community development block grants.
Pledging ofrevenues tusecure bonds.
Low -interest revolving loans and zero -interest loan pools.
Local grant programs for facade, storefront, SiWnnge' and other business improvements.
Governmental coordination ofloan programs with iendem' such as micrmioans, business reserve
fund loans, letter of credit enhancements, gap financing, land lease and sublease loans, and private
equity.
(o) Payment schedules over time for payment offees, within criteria, and marginal cost pricing.
(Z) Regulatory incentives may include, but not be limited to:
(b) ' performance nfcertain analyses.
(c} Exemptions and lessening 8fstate and local review requirements.
(d) Water and sewer regulatory incenitivex.
(e) Waiver oftransportation impact fees and permit fees.
(f) Zoning incentives to reduce review requirements for redevelopment changeSin use and
occupancy; establishment of code criteria for specific uses; and institution of credits for previous use
within the area.
(g) Flexibility in parking standards and buffer zone standards.
(h) Environmental management through specific code criteria and conditions allowed by current
law.
(i) Maintenance standards and activities by ordinance and otherwise, and increased security and
crime prevention measures available through special assessments.
(') Traffic-caimingnneasures.
(k) Historic preservation ordinances, loan programs, and review and permitting procedures.
(i) One -stop permitting and streamlined development and permitting process.
(3) Technical assistance incentives may include, but not be limited to:
(�a) Expedited development applications.
(b) Formal and informal information on business incentives and financial programs.
(c) Sitedesigmassistance-
(d) Marketing and promotion of projects or areas.
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RECLAMATION, AND USE
Chapter 376
POLLUTANT DISCHARGE
PREVENTION AND REMOVAL
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Chapter
376.85 Annual report —The Department of Environmental Protection shall prepare and submit to
the President of the Senate and the Speaker of the House of Representatives by August 1 of each year a
report that includes, but is not limited to, the number, size, and locations of brownfield sites: that have
been remediated under the provisions of this act, that are currently under rehabilitation pursuant to a
negotiated site rehabilitation agreement with the department or a delegated local program, where
alternative cleanup target levels have been established pursuant to s. 376.81(1 )(g)3., and where
engineering and institutional control strategies are being employed as conditions of a "no further action
order" to maintain the protections provided in s. 376.81(1)(g)1. and 2.
History.—s. 13, ch. 97-277; s. 61, ch, 2010-205.
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17
f;
BROWN:4E"LDS
fR:EDEN/E1,.„„,,cyPNIENT
TRANSFORMING COMMU
Brownfield site means real property, the expansion, redevelopment or reuse of which may be
complicated by actual or perceived environmental contamination. 376.79(3), F.S.
Brownfield area means a contiguous area of one or more brownfield sites, some of which may
not be contaminated, and which has been designated by a local government by resolution. Such
areas may include all or portions of community redevelopment areas, enterprise zones,
empowerment zones, other such designated economically deprived communities and areas, and
Environmental Protection Agency -designated brownfield pilot projects. 376.79(4), F.S.
Eleiitteldsm rogramo
••,•"••••• •
BROWNFIELD AREA
DESIGNATION
By Local Government
IDENTIFICATION OF
RESPONSIBLE
PERSON
EXECUTION OF'
CLEANUP
AGREEMENT
IMPLEMENTATION OF
CONTAMINATED SITE
CLEANUP
"NFA" LETTER FROM
DEP
BROWNFIELD PROGRAM TERMS
Responsible Person —Person Re-
sponsible for Brownfield Site Reha-
bilitation or PRFBSR
Agreement —Brownfield Site Reha-
bilitation Agreement or BSRA
NFA—No Further Action Site
Rehabilitation Completion Order or
SRCO)
Brownfield Area Designation
• Bonus refund for job creation —up to $2,500 per job
• Loan guarantees for primary lenders
• Up to 50% on all sites
• Up to 75% when end use is affordable housing
• Sales tax credit on building materials
• Brownfield area benefits administered by Enterprise Florida, Inc.
Brownfield Site Rehabilitation Agreement
• All benefits of Brownfield Area
• Regulatory framework for cleanup (Chapter 62-785, F.A.C.)
• Dedicated staff —expedited technical review
• Liability protection
• Tax credits
• Florida corporate income tax
• Credits may be transferred one time
• Brownfield Site Rehabilitation Agreement benefits administered by
DEP
'edit for costs i'llc‘°
4piliCalho Tax Credit TYPe uen°Y
Site Rehabilitation
No Further Action
(i.e, SRCO)
Annually
50%
$500,000
Once
25%
$500,000
Affordable Housing, health
care facility or health care
provider
Solid Waste
(Removal, Transport, and
Disposal)
Once
Once
25%
50%
$500,000
$500,000
T
E BROINNFIELDP
Any real property where the expansion, redevelopment or reuse
is complicated by actual or perceived contamination.
Cleaning up and reinvesting in Brownfield properties facilitates
job growth, utilizes existing infrastructure, increases local tax
bases, removes development pressures on undeveloped open land
as well as both improving and protecting the environment.
Honda's Brownfields Redevelopment Program -
• Creates jobs
• Promotes voluntary cleanup
• Prevents the premature development of greenspace (farmland,
open space and natural areas)
• Reduces public cost for installing infrastructure in greenspaces
• Encourages the highest and best use of blighted properties
• Minimizes or eliminates the need for environmental
enforcement or state -funded cleanup
• Encourages community revitalization
Brownfield redevelopment is of great importance in Florida where
balancing strong economic and community growth with suburban
sprawl is an ongoing challenge.
On the coven Originally developed and operated as a cannery
from 1936 until 1981, the site afFlorida's newest IKEA store
had been characterized by local media as a* gritty industrial
site between the Port of Tampa and Thor City", Panattoni
Development purchased the property in 2005 and ertkred the
Florida Brcwnf'1ds Redevelopment Program in 2007. IKEA
purchased the property in 2008 from Panationi after most of
the environmental remedial uvrkwo complete and opened
the store in May 2009_ The environmental issues associated
with the property were managed by reinovel of underground
storage lanks, railroad tracks and anitarninakd %Ill and the
use of engineering and institutional controls_ The redeveloped
29-acre site ital., contains a 353,000 square foot store, a 350
seat restaurant and approximately 1,700 parking spac,,s. With
opening of the IKEA store, a destination shopping location
ws been created immediakly adjacent to historic or City and
uathin the Adamo corridor, which stretches between the Tampa
suburb of Brandon and downkum Tampa. The IKEA project
created 500 construction fobs and 400 new, in-store fobs,
When the store opened, the Tampa area had been partiadarly
hard hit by the effects of the economic downturn and jobs were
being lost. The opening of IKEA and the number of jobs being
created toz widely anticipated and reported from tlx time that
store wiv announced until several months after the opening.
The presence of the IKEA store is expected to be a catalyst far
additional redevelopment in the arat
Department of Environmental Protection
Brownhelds Redevelopment Program
Bureau of Waste Cleanup MS 4505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
(850) 245-8934
v w.dep.state,fl. us
BROWN FIELDS
TRANSFORMING CO UNIT ES
IKEA
YDor Cam., Tampa
your property is located in a
es T eligible fur -
• $2,500 Jab Bonus Refund for each new job created in a
designated bruwnfield area by an eligible business. These
benefits may be greater if the area has other designations
(i.e., Enterprise Zone, etc.)
• Sales Tax Credit on building materials purchased for the
curtstructiun uf an affordable housing project or mused -use
affordable housing project in a designated brownfield area
• State Lean Guarantees fur primary lenders, up tu 50 a un ell
brownfield sites and up to 75% if the property is redeveloped
as affordable housing, a health care facility ur health care
provider
d area, you
in addition, if you enter into a Brownfield Site Rehabilitation
Agreement (BSRA), you will be eligible for -
• 5113/4 Voluntary Cleanup Tax Credit (VCTC)' annually on all
eligible costs
• 25VG Additional VCTC' on all eligible costs when cleanup is
complete
• 25 /o Additional VCTC• if the property is redeveloped
with affordable housing, a health care facility or health care
provider
• 50% One -Time VCTC• on eligible solid waste removal costs
Federal benefits that may also be available -
• Site -Specific Activities Grant to DEP tu conduct Phase I ur
1T assessments and/or limited source removals for eligible
is using federal grant funds
• National Brownfields
Assessment, Revolving Laari
Fund and Cleanup Grants
• Brownfields Federal
Tax Incentive that allows
environmental cleanup costs
to be fully deducted in the
same year they occur
GULATORY
• Risk -Based Cot,ective Action is a clear process using rules
62-785 and 62-777, F.A.C., that provide
• Default Cleanup Target Levels (C I.$)
• Risk assessment tools to drive alternative CT ._s
• Risk management options
• Institutional and engineering controls to achieve a Site
Rehabilitation Completion Order (SRCO)
• Special relief for sites with groundwater CTLs based on
nuisance, urganoleptic or aesthetic considerations
• Cleanup Liability Protection provided upon execution of a
BSRA
• Dedicated Brownfielde Staff in each DEP district office whose
primary responsibility is facilitating implementation of BSRAs
• Expedited Review uf all technical documents
• EPA Comfort Letters issued fur Comprehensive Environmental
Response, Compensation, and Liability Act sites
• Lender Liability Protection
Additional benefits may be available through local and federal
guvernment agencies
Brownfield£ Redevelapinent Program
tw-ww.dep state.fl.us/vv. ste/cat€ cries/browwnitelds
Voluntary Cleanup Tax Credit Program
wYiwwww'.derL.state.fl.us/ ww ast.'/categories/ v ctr
Enterprise Florida, Inc,
ws Ww_e_Lorida.enr a Or wv-c et >.floridabusiness.corn
•The Voluntary Cleanup Tax Credit is applicable to
Florida's corporate income tax.
BROWNFIELDS STAFF
PR0(
There are three local programs delegated by the Florida
Department of Environmental Protection (DEP) to administer the
Rrownfields program in their communities, The contacts for these
local programs are:
Emmert! County Hi leberu
Dave Venlandingham Mary Year,
954519.1478 813 6V.2600, ext 1303
A
verncare O e of Tourism, Trade Sc Economic Development
Karl Hishe, 85[1.487.2568
kart, blisc like-teog.mvfloridaroat
Enterprise Florida, Inc.
Joseph Bell, 4E17.956.5622
(bell _eilorida.om
e1loddijom
„y,111,11,21,1
111
Designated Brownfield Areas
Florida's brownfield areas are designated by resolution of a local government, and are
defined as contiguous areas of one or more brownfield sites, some of which may not be
contaminated. Such areas may include all or portions of community redevelopment areas,
enterprise zones, empowerment zones, Environmental Protection Agency -designated
brownfield pilot projects, and other designated areas or communities experiencing
economic distress.
A brownfield site means real property, the expansion, redevelopment, or reuse of which may
be complicated by actual or perceived environmental contamination.
Florida's brownfield program offers businesses and developers a very generous and
flexible set of regulatory and financial incentives to clean up and redevelop a brownfield
site. Just a few of the advantages of brownfield sites include:
• $2,500 job bonus refund for each new job created by an eligible business
• Highly attractive business locations with existing infrastructure
• Proximity to highly skilled labor and downtown business districts
• Increased state loan guarantees to improve lending opportunities
• Use of federal, state and local resources to assist in the redevelopment
of brownfields
• Expedited permitting
For the community, brownfield
redevelopment projects create new jobs
and tax revenues, improve the environment,
revitalize neighborhoods, increase property
values, eliminate environmental inequities,
and enhance the overall quality of life.
COUNTIES CONTAINING STATE -DESIGNATED BROWN FIELD AREAS
Alachua County Hardee County Palm Beach County
Bay County Highlands County Pinellas County
Brevard County Hillsborough County Polk County
Broward County Indian River County Putnam County
Charlotte County Lake County Santa Rosa County
Citrus County Lee County Sarasota County
Clay County Leon County Seminole County
Collier County Manatee County St. Johns County
Columbia County Marion County St. Lucie County
Duval County Miami -Dade County Suwanee County
Escambia County Monroe County Taylor County
Flagler County Okaloosa County Volusia County
Gadsden County Orange County Wakulla County
Gulf County Osceola County Washington County
Hamilton County Pasco County
xq, (1/44/5
"tr
'Page 1 of 21
ef t)riof ocom
7
State Incentives
Brownfield Redevelopment Bonus Refund
A $2,500 tax refund is available for each new job created by an eligible business.
See Section 288,107, Florida Statutes, for details.
Voluntary Clean Up Tax Credits (VCTC)
Projects that execute a Brownfield Site Remediation Agreement (BSRA) with the Florida
Department of Environmental Protection are eligible for a 50% tax credit for cleanup
costs. The tax credit is applicable to Florida's corporate income tax. An additional 25% tax
credit is available if the property is redeveloped with affordable housing.
See Section ,376,30781, Florida Statutes., for details.
Sales Tax Credit on Building Materials
A sales tax credit on building materials is available for construction of housing or mixed -use projects.
See Section 212,08„ Florida Statutes, for details.
Loan Guarantee Program
Up to .5 years of state loan guarantees may be available for redevelopment projects in brownfield ,areas. The loan guaranty
applies to 50% of the primary lender loan. If the project is for affordable housing, the loan guaranty applies to 75% of the
lender loan. See SrKtion 3.76.86, Florida Stator tes„ for details.
Cleanup Liability Protection
Cleanup liability protection is available for projects that have an executed Brownfield Site Remediation Agreement with
the Florida Department of Environmental Protection, See Section 376,82, Florida Statute:s, for details.
State Contacts
Enterprise Florida, Inc.
Joseph Bell
800 North Magnolia Avenue
Suite 1100
Orlando, Florida 32803
Phone: 407.956.5622
Fax: 407.956.5559
Email:jbell@eflorida.com
wwvv.ellothici.r 011
Florida Department of Economic Opportunity
Division of Strategic Business Development
Karl Blischke
400 South Monroe Street
The Capitol, Suite 2001
Tallahassee, Florida 32399-0001
Phone: 850.717.8962
Email: Karl.Blischke@deo.myflorida.com
www nyflot
Florida Department of Environmental Protection
Kim Walker
Brownfield Redevelopment Program
Bureau of Waste Cleanup, MS 4505
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Phone: 850.245.8934
Fax: 850.245.8976
Email: kim.walker@dep.state.fl.us
lAt ww.c I ep,sta te,f iv,
Office
Northeast District Office
District Offices
Contact Phone
Darrin McKeehen 904.8073251
Northwest District Office
Central District Office
Southwest District Office
South District Office
Southeast District Office
Alex Webster 850595D664
George Houston 407894.7555
John Sego
Albert McLaurin
Art Torvela
Enterprise Florida, Inc. is a partnership between Florida's government and business leaders
and is the principal economic development organization for the State of Florida.
813.632.7600
239.344.5605
561.681.6676
[Page 2 of.2)
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