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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to brownfields; amending s. 376.303, 2
F.S.; deleting a provision requiring certain property 3
owners to provide information regarding institutional 4
controls to the local government for mapping purposes; 5
deleting local government requirements for such 6
mapping; requiring that sites issued a site 7
rehabilitation completion order without institutional 8
controls be removed from the registry of all 9
contaminated sites located in a brownfield area; 10
amending s. 376.30781, F.S.; revising the conditions 11
under which an applica nt who has rehabilitated a 12
contaminated site may submit and claim certain tax 13
credits; specifying a timeframe within which such tax 14
credit application must be submitted; revising the 15
criteria for determining applicants who are 16
redeveloping brownfield sites who may be eligible for 17
certain tax credits; deleting the definition of the 18
term "monetary compensation"; revising the date by 19
which the Department of Environmental Protection must 20
issue annual site rehabilitation tax credit 21
certificate awards; revising t he amount of time the 22
department has to respond to a tax credit applicant 23
regarding a certain notice; amending s. 376.78, F.S.; 24
conforming provisions to changes made by the act; 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
amending s. 376.79, F.S.; revising and providing 26
definitions; amending s. 376. 81, F.S.; providing 27
legislative findings; prohibiting the department or a 28
delegated local pollution control program from denying 29
a specified status or refusing to issue a specified 30
order for certain brownfield sites that are only a 31
portion of larger contam inated sites; providing 32
applicability; amending s. 376.82, F.S.; revising the 33
persons and sites eligible for participation in the 34
brownfield program; revising requirements for such 35
participation; requiring that completion of the 36
performance of remediation obligations at the 37
brownfield site be evidenced by a site rehabilitation 38
completion order; revising the information necessary 39
from the United States Environmental Protection Agency 40
and the department for a person's participation in the 41
program; specifying that certain brownfield sites are 42
eligible to participate in the brownfield program 43
under certain circumstances; amending ss. 196.1995 and 44
288.1175, F.S.; conforming cross -references; 45
reenacting s. 1004.53(1), F.S., relating to the Center 46
for Brownfield Rehabilitation Assistance, to 47
incorporate the amendment made to s. 376.79, F.S., in 48
a reference thereto; providing an effective date. 49
50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Florida: 51
52
Section 1. Subsections (5) and (6) of section 376.303, 53
Florida Statutes, are amended to read: 54
376.303 Powers and duties of the Department of 55
Environmental Protection. — 56
(5) MAPPING.—If an institutional control is implemented at 57
any contaminated site in a brownfield area designated pursuant 58
to s. 376.80, the property owner must provide information 59
regarding the institutional control to the local government for 60
mapping purposes. The local government must then note the 61
existence of the institutional control on any relevant local 62
land use and zoning maps with a c ross-reference to the 63
department's site registry developed pursuant to subsection (6). 64
If the type of institutional control used requires recording 65
with the local government, then the map notation shall also 66
provide a cross-reference to the book and page n umber where 67
recorded. When a local government is provided with evidence that 68
the department has subsequently issued a no further action order 69
without institutional controls for a site currently noted on 70
such maps, the local government shall remove the nota tion. 71
(6) REGISTRY.—The department shall prepare and maintain a 72
registry of all contaminated sites located in a brownfield area 73
designated pursuant to s. 376.80, which are subject to 74
institutional and engineering controls, in order to provide a 75
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mechanism for the public and local governments to monitor the 76
status of these controls, monitor the department's short -term 77
and long-term protection of human health and the environment in 78
relation to these sites, and evaluate economic revitalization 79
efforts in these areas. At a minimum, the registry must shall 80
include the type of institutional or engineering controls 81
employed at a particular site, types of contaminants and 82
affected media, land use limitations, and the county in which 83
the site is located. Sites liste d on the registry at which the 84
department has subsequently issued a site rehabilitation 85
completion no further action order without institutional 86
controls must shall be removed from the registry. The department 87
shall make the registry available to the publi c and local 88
governments within 1 year after the effective date of this act. 89
The department shall provide local governments with actual 90
notice when the registry becomes available. Local zoning and 91
planning offices shall post information on how to access the 92
registry in public view. 93
Section 2. Paragraphs (c), (d), and (e) of subsection (3) 94
and subsection (9) of section 376.30781, Florida Statutes, are 95
amended to read: 96
376.30781 Tax credits for rehabilitation of drycleaning -97
solvent-contaminated sites and brownfield sites in designated 98
brownfield areas; application process; rulemaking authority; 99
revocation authority. — 100
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(3) 101
(c) In order to encourage completion of site 102
rehabilitation at contaminated sites that are being voluntarily 103
cleaned up and that are eligible for a tax credit under this 104
section, the tax credit applicant may claim an additional 25 105
percent of the total site rehabilitation costs, not to exceed 106
$500,000, if the Department of Environmental Protection has 107
approved the applicant's annual site rehabilitation application 108
and has issued a site rehabilitation completion in the final 109
year of cleanup as evidenced by the Department of Environmental 110
Protection issuing a "No Further Action" order for that site. 111
The tax credit applicant must submit the claim for the 112
additional 25 percent within 2 years after receipt of the site 113
rehabilitation completion order for that site. 114
(d) In order to encourage the construction of housing that 115
meets the definition of affordable provided in s. 420.0004, an 116
applicant for the tax credit may claim an additional 25 percent 117
of the total site rehabilitation costs that are eligible for tax 118
credits under this section, not to exceed $500,000. To receive 119
this additional tax credit, the applicant must provide a 120
certification letter from the Florida Housing Finance 121
Corporation, the local housing authority, or other governmental 122
agency that is a party to the use agreement indicating that the 123
construction on the brownfield site has received a certificate 124
of occupancy and the brown field site has a properly recorded 125
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instrument that limits the use of the property to housing. 126
Notwithstanding that only one application may be submitted each 127
year for each site, an application for the additional credit 128
provided for in this paragraph must shall be submitted after all 129
requirements to obtain the additional tax credit have been met. 130
(e) In order to encourage the redevelopment of a 131
brownfield site, as defined in the brownfield site 132
rehabilitation agreement, that is hindered by the presence of 133
solid waste, as defined in s. 403.703, costs related to solid 134
waste removal may also be claimed under this section. A tax 135
credit applicant, or multiple tax credit applicants working 136
jointly to clean up a single brownfield site, may also claim 137
costs to address the solid waste removal as defined in this 138
paragraph in accordance with department rules. Multiple tax 139
credit applicants shall be granted tax credits in the same 140
proportion as each applicant's contribution to payment of solid 141
waste removal costs. These costs are eligible for a tax credit 142
provided that the applicant meets the eligibility requirements 143
of s. 376.82(1) and that submits an affidavit stating that, 144
after consultation with appropriate local government officials 145
and the department, to the best o f the applicant's knowledge 146
based upon such consultation and available historical records, 147
the brownfield site was never operated as a permitted solid 148
waste disposal area as regulated pursuant to s. 403.704 or was 149
never operated for monetary compensation, and the applicant 150
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submits all other documentation and certifications required by 151
this section. In this section, where reference is made to "site 152
rehabilitation," the department shall instead consider whether 153
the costs claimed are for solid waste removal. T ax credit 154
applications claiming costs pursuant to this paragraph are shall 155
not be subject to the calendar -year limitation and January 31 156
annual application deadline, and the department shall accept a 157
one-time application filed subsequent to the completion by the 158
tax credit applicant of the applicable requirements listed in 159
this subsection. A tax credit applicant may claim 50 percent of 160
the costs for solid waste removal, not to exceed $500,000, after 161
the applicant has determined solid waste removal is comple ted 162
for the brownfield site. A solid waste removal tax credit 163
application may be filed only once per brownfield site. For the 164
purposes of this section, the term: 165
1. "Solid waste disposal area" means a landfill, dump, or 166
other area where solid waste has been disposed. 167
2. "Monetary compensation" means the fees that were 168
charged or the assessments that were levied for the disposal of 169
solid waste at a solid waste disposal area. 170
3. "Solid waste removal" means removal of solid waste from 171
the land surface or excavation of solid waste from below the 172
land surface and removal of the solid waste from the brownfield 173
site. The term also includes: 174
a. Transportation of solid waste to a lic ensed or exempt 175
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solid waste management facility or to a temporary storage area. 176
b. Sorting or screening of solid waste prior to removal 177
from the site. 178
c. Deposition of solid waste at a permitted or exempt 179
solid waste management facility, whether the so lid waste is 180
disposed of or recycled. 181
(9) On or before June May 1, the Department of 182
Environmental Protection shall inform each tax credit applicant 183
that is subject to the January 31 annual application deadline of 184
the applicant's eligibility status and t he amount of any tax 185
credit due. The department shall provide each eligible tax 186
credit applicant with a tax credit certificate that must be 187
submitted with its tax return to the Department of Revenue to 188
claim the tax credit or be transferred pursuant to s. 189
220.1845(2)(g). The June May 1 deadline for annual site 190
rehabilitation tax credit certificate awards does shall not 191
apply to any tax credit application for which the department has 192
issued a notice of deficiency pursuant to subsection (8). The 193
department shall respond within 120 90 days after receiving a 194
response from the tax credit applicant to such a notice of 195
deficiency. Credits may not result in the payment of refunds if 196
total credits exceed the amount of tax owed. 197
Section 3. Subsection (1) of sectio n 376.78, Florida 198
Statutes, is amended to read: 199
376.78 Legislative intent. —The Legislature finds and 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
declares the following: 201
(1) The reduction of public health and environmental 202
hazards on existing commercial and industrial sites proposed to 203
be rehabilitated and redeveloped is vital to their use and reuse 204
as sources of employment, housing, recreation, and open space 205
areas. The reuse of such sites industrial land is an important 206
component of sound land use policy for productive urban purposes 207
which will help prevent the premature development of farmland, 208
open space areas, and natural areas, and reduce public costs for 209
installing new water, sewer, and highway infrastructure. 210
Section 4. Present subsections (6) through (21) of section 211
376.79, Florida Statutes, are redesignated as subsections (7) 212
through (22), respectively, a new subsection (6) is added to 213
that section, and subsections (4) and (5) of that section are 214
amended, to read: 215
376.79 Definitions relating to Brownfields Redevelopment 216
Act.—As used in ss. 376.77-376.85, the term: 217
(4) "Brownfield sites" means any real property, the 218
expansion, redevelopment, or reuse of which may be complicated 219
by actual or perceived environmental contamination and which has 220
not yet been entered into a brownfield sit e rehabilitation 221
agreement pursuant to s. 376.80(5) . 222
(5) "Brownfield area" means a contiguous area of one or 223
more brownfields brownfield sites, some of which may not be 224
contaminated, and which has been designated by a local 225
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government by resolution. Such areas may include all or portions 226
of community redevelopment areas, enterprise zones, empowerment 227
zones, other such designated economically deprived communities 228
and areas, and United States Environmental Protection Agency -229
designated brownfield pilot proje cts. 230
(6) "Brownfield site" means the real property identified 231
in a brownfield site rehabilitation agreement executed by the 232
person responsible for brownfield site rehabilitation of the 233
property and the department or a delegated local pollution 234
control program, as applicable. 235
Section 5. Present subsection (3) of section 376.81, 236
Florida Statutes, is redesignated as subsection (4), a new 237
subsection (3) is added to that section, and present subsection 238
(3) of that section is amended, to read: 239
376.81 Brownfield site and brownfield areas contamination 240
cleanup criteria.— 241
(3)(a) The Legislature finds that rehabilitation and 242
redevelopment of a potential brownfield site that is a portion 243
of a larger contaminated site are significantly complicated when 244
multiple parties may own, lease, or operate different portions 245
of the contaminated site. The Legislature further finds that 246
delaying a person's ability to achieve a "No Further Action" 247
status for a potential brownfield site until such time as the 248
owners, lessees, or operators of all other portions of the 249
larger historical contaminated site have completed site 250
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rehabilitation on their respective portions is not in the public 251
interest, as such delay disincentivizes rehabilitation and 252
redevelopment of the potentia l brownfield site by imposing 253
unnecessary legal burdens, technical obstacles, and financial 254
costs. 255
(b) Therefore, the Legislature finds that it is in the 256
public interest to remove any such barriers to the 257
rehabilitation and redevelopment of property by p roviding a 258
clear path to obtaining a "No Further Action" status in cases 259
where a potential brownfield site is only a portion of a larger 260
contaminated site. 261
(c) If the person responsible for a brownfield site 262
rehabilitation demonstrates compliance with th e applicable 263
contamination cleanup criteria described in subsection (1), and 264
the brownfield site is only a portion of a larger contaminated 265
site, the department or any delegated local pollution control 266
program under s. 376.80(9) may not: 267
1. Deny a "No Further Action" status for the brownfield 268
site; or 269
2. Refuse to issue a site rehabilitation completion order 270
for the brownfield site, regardless of whether it has 271
engineering and institutional controls. This subparagraph 272
applies even where similar contamin ation exists elsewhere on the 273
contaminated site which was the result of similar or related 274
activities or operations that occurred both on the contaminated 275
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site and the brownfield site, provided that all soil and 276
groundwater contamination emanating from the brownfield site is 277
adequately addressed pursuant to chapter 62 -780, Florida 278
Administrative Code. 279
(d) This subsection applies to all brownfield sites, 280
irrespective of the effective date of the brownfield site 281
rehabilitation agreement. 282
(4)(3) The cleanup criteria described in this section 283
govern only site rehabilitation activities occurring at the 284
brownfield contaminated site. Removal of contaminated media from 285
a site for offsite relocation or treatment must be in accordance 286
with all applicable federal, state, and local laws and 287
regulations. 288
Section 6. Paragraphs (a) and (b) of subsection (1) and 289
paragraphs (e) and (g) of subsection (2) of section 376.82, 290
Florida Statutes, are amended to read: 291
376.82 Eligibility criteria and liability protection. — 292
(1) ELIGIBILITY.— 293
(a) All of the following persons are eligible to 294
participate in the brownfield program established in ss. 376.77 -295
376.85: 296
1. Notwithstanding subparagraph 2., a any person who has 297
not caused or contributed to the contamination of a bro wnfield 298
site on or after July 1, 1997 . 299
2. A local governmental entity, including any other person 300
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who may be organized or united with the local governmental 301
entity for a business purpose, if such entity or person did not 302
cause or contribute to the contamination of a brownfield site on 303
or after July 1, 2025. 304
(b) A person eligible to participate in the brownfield 305
program pursuant to paragraph (a) is , is eligible to participate 306
in the brownfield program established in ss. 376.77 -376.85, 307
subject to the following: 308
1.(a) Potential brownfield sites that are subject to an 309
ongoing formal judicial or administrative enforcement action or 310
corrective action pursuant to federal authority, including, but 311
not limited to, the Comprehensive Environmental Response 312
Compensation and Liability Act, 42 U.S.C. ss. 9601 et seq., as 313
amended; the Safe Drinking Water Act, 42 U.S.C. ss. 300f -300i, 314
as amended; the Clean Water Act, 33 U.S.C. ss. 1251 -1387, as 315
amended; or under an order from the United States Environmental 316
Protection Agency pursuant to s. 3008(h) of the Resource 317
Conservation and Recovery Act, as amended (42 U.S.C.A. s. 318
6928(h)); or that have obtained or are required to obtain a 319
permit for the operation of a hazardous waste treatment, 320
storage, or disposal facility ; a postclosure permit; or a permit 321
pursuant to the federal Hazardous and Solid Waste Amendments of 322
1984, are not eligible for participation in the brownfield 323
program established in ss. 376.77 -376.85 unless, pursuant to 324
paragraph (2)(g), specific exemptions are secured by a 325
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memorandum of agreement with the United States Environmental 326
Protection Agency issues a letter stating it has no objection to 327
such participation and the department issues a letter of 328
concurrence pursuant to paragraph (2)(g) . A brownfield site 329
within an eligible brownfield area that subsequently becomes 330
subject to formal judicial or administrative enforcement action 331
or corrective action under such federal authority shall have its 332
eligibility revoked unless , specific exemptions are secured by a 333
memorandum of agreement with the United States Environmental 334
Protection Agency pursuant to paragraph (2)(g) , the United 335
States Environmental Protection Agency issues a letter stating 336
it has no objection to such participation and the department 337
issues a letter of concurrence . 338
2.(b) A person who is eligible to participate in the 339
brownfield program pursuant to paragraph (a) Persons who have 340
not caused or contributed to the contamination of a brownfield 341
site on or after July 1, 1997, and who, before prior to the 342
department's approval of a brownfield site rehabilitation 343
agreement, is are subject to ongoing corrective action or 344
enforcement under state authority established in this chapter or 345
chapter 403, including those persons subject to a pending 346
consent order with the state, is are eligible for participation 347
in a brownfield site rehabilitation agreement if: 348
a.1. The proposed brownfield site is currently idle or 349
underutilized as a result of the contamination, and 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
participation in the brownfield progr am will immediately, after 351
cleanup or sooner, result in increased economic productivity at 352
the site, including at a minimum the creation of 10 new 353
permanent jobs, whether full -time or part-time, which are not 354
associated with implementation of the brownfiel d site 355
rehabilitation agreement . However, the job creation requirement 356
does not apply to the rehabilitation and redevelopment of a 357
brownfield site that will provide housing that is affordable as 358
defined in s. 420.0004; create recreational areas, conservati on 359
areas, or parks; or be maintained for cultural or historical 360
preservation purposes ; and 361
b.2. The person is complying in good faith with the terms 362
of an existing consent order or department -approved corrective 363
action plan, or responding in good faith t o an enforcement 364
action, as evidenced by a determination issued by the department 365
or an approved local pollution control program. 366
(2) LIABILITY PROTECTION. — 367
(e) Completion of the performance of the remediation 368
obligations at the brownfield site shall b e evidenced by a site 369
rehabilitation completion order letter or a "no further action" 370
letter issued by the department or the approved local pollution 371
control program, which letter shall include the following 372
statement: "Based upon the information provided by (property 373
owner) concerning property located at (address), it is the 374
opinion of (the Florida Department of Environmental Protection 375
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or approved local pollution control program) that (party) has 376
successfully and satisfactorily implemented the approved 377
brownfield site rehabilitation agreement schedule and, 378
accordingly, no further action is required to assure that any 379
land use identified in the brownfield site rehabilitation 380
agreement is consistent with existing and proposed uses." 381
(g)1. The Legislature recognizes the benefits of promoting 382
the reuse of brownfield sites, even when subject to its 383
limitations in addressing cleanup liability under federal 384
pollution control programs , including those enumerated in 385
subparagraph (1)(b)1 . In an effort to encourage such reuse 386
secure federal liability protection for persons willing to 387
undertake remediation responsibility for site rehabilitation at 388
a brownfield site, the department may, upon receipt of a letter 389
from shall attempt to negotiate a memorandum of agreement or 390
similar document with the United States Environmental Protection 391
Agency stating it has no objection to a site's participation 392
pursuant to subparagraph (1)(b)1. and upon a reasonable 393
demonstration by the person seeking to participate in the 394
brownfield program that he or she will conduct site 395
rehabilitation pursuant to s. 376.81, issue a letter of no 396
objection that states the person may participate in the 397
brownfield program. The department may not require, as a 398
condition of such letter of concurrence, that , whereby the 399
United States Environmental Protection Agency agree agrees to 400
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forego enforcement of federal corrective action authority at 401
brownfield sites that have received a site rehabilitation 402
completion order or "No Further Action" determination from the 403
department or the approved local pollution control program or 404
that are in the process of implementing a brownfield site 405
rehabilitation agreement in accordance with this act. The letter 406
of no objection from the United States Environmental Protection 407
Agency and the letter of concurrence from the department must be 408
added as attachments to the brownfield site rehabilitation 409
agreement. 410
2. Proposed brownfield sites that are subject to ongoing 411
formal judicial or administrative enforcement action or 412
corrective action pursuant to an order from the United States 413
Environmental Protection Agency pursuant to s. 3008(h) of the 414
Resource Conservation and Recovery Act, as amended by 42 U.S.C. 415
s. 6928(h), or that have obtained or are required to obtain a 416
permit for the operation of a hazardous waste treatment, 417
storage, or disposal facility, a postclosure permit, or a permit 418
pursuant to the federal Hazardous and Solid Waste Amendments of 419
1984 are eligible for participation in the brownfield program 420
established in ss. 376.77 -376.85, provided that the sites: 421
a. Obtain the necessary letters of no objection and 422
concurrence pursuant to subparagraph (1)(b)1. and subparagraph 423
1.; or 424
b. Comply with the provisions of Section V of the 425
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Memorandum of Agreement between the department and the United 426
States Environmental Protection Agency Region 4 covering 427
Florida's Brownfield Program, dated November 28, 2005, as may be 428
amended. 429
Section 7. Subsection (3) of section 196.1995, Florida 430
Statutes, is amended to read: 431
196.1995 Economic development ad valorem tax exemption. — 432
(3) The board of county commissioners or the governing 433
authority of the municipality that calls a referendum within its 434
total jurisdiction to determine whether its respective 435
jurisdiction may grant economic developm ent ad valorem tax 436
exemptions may vote to limit the effect of the referendum to 437
authority to grant economic development tax exemptions for new 438
businesses and expansions of existing businesses located in an 439
enterprise zone or a brownfield area, as defined i n s. 376.79 s. 440
376.79(5). If an area nominated to be an enterprise zone 441
pursuant to s. 290.0055 has not yet been designated pursuant to 442
s. 290.0065, the board of county commissioners or the governing 443
authority of the municipality may call such referendum p rior to 444
such designation; however, the authority to grant economic 445
development ad valorem tax exemptions does not apply until such 446
area is designated pursuant to s. 290.0065. The ballot question 447
in such referendum shall be in substantially the following fo rm 448
and shall be used in lieu of the ballot question prescribed in 449
subsection (2): 450
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451
Shall the board of county commissioners of this county 452
(or the governing authority of this municipality, or 453
both) be authorized to grant, pursuant to s. 3, Art. 454
VII of the State Constitution, property tax exemptions 455
for new businesses and expansions of existing 456
businesses that are located in an enterprise zone or a 457
brownfield area and that are expected to create new, 458
full-time jobs in the county (or municipality, or 459
both)? 460
461
....Yes—For authority to grant exemptions. 462
....No—Against authority to grant exemptions. 463
Section 8. Paragraph (c) of subsection (5) of section 464
288.1175, Florida Statutes, is amended to read: 465
288.1175 Agriculture education and promotion facility. — 466
(5) The Department of Agriculture and Consumer Services 467
shall competitively evaluate applications for funding of an 468
agriculture education and promotion facility. If the number of 469
applicants exceeds three, the Department of Agriculture and 470
Consumer Services shall rank the applications based upon 471
criteria developed by the Department of Agriculture and Consumer 472
Services, with priority given in descending order to the 473
following items: 474
(c) The location of the facility in a brownfield site as 475
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defined in s. 376.79 s. 376.79(4), a rural enterprise zone as 476
defined in s. 290.004, an agriculturally depressed area as 477
defined in s. 570.74, or a county that has lost its agricultural 478
land to environmental restoration projects. 479
Section 9. For the purpose of incorporating the amendment 480
made by this act to section 376.79, Florida Statutes, in a 481
reference thereto, subsection (1) of section 1004.53, Florida 482
Statutes, is reenacted to read: 483
1004.53 Interdisciplinary Center for Brownfield 484
Rehabilitation Assistance .—The Center for Brownfield 485
Rehabilitation Assistance in the Environmental Sciences and 486
Policy Program is established in the College of Arts and 487
Sciences at the University of South Florida with the 488
collaboration of other related disciplines such as busines s 489
administration, environmental science, and medicine. The center 490
shall work in conjunction with other state universities. The 491
Center for Brownfield Rehabilitation Assistance shall: 492
(1) Conduct research relating to problems and solutions 493
associated with rehabilitation and restoration of brownfield 494
areas as defined in s. 376.79. The research must include 495
identifying innovative solutions to removing contamination from 496
brownfield sites to reduce the threats to drinking water 497
supplies and other potential publ ic health threats from 498
contaminated sites. 499
Section 10. This act shall take effect July 1, 2025. 500