(1) The reduction of public health and environmental hazards on existing commercial and industrial sites is vital to their use and reuse as sources of employment, housing, recreation, and open space areas. The reuse of industrial land is an important component of sound land 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 underuse of brownfield sites also results in the 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 remediation standards that provide for the protection of the 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 low-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 of a brownfields redevelopment program.
(8) The existence of brownfields within 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 is an important element of quality of life in any community, along with economic opportunity, educational achievement, access to health care, housing quality and availability, provision of governmental services, and other socioeconomic factors. Brownfields redevelopment, properly done, can be a significant element in community revitalization, especially within community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas.
(9) Cooperation among federal, state, and local agencies, local community development organizations, and current owners and prospective purchasers of brownfield sites is required to accomplish timely cleanup activities and the redevelopment or reuse of brownfield sites.
History.—s. 2, ch. 97-277; s. 1, ch. 2014-114.
Structure Florida Statutes
Title XXVIII - Natural Resources; Conservation, Reclamation, and Use
Chapter 376 - Pollutant Discharge Prevention and Removal
376.011 - Pollutant Discharge Prevention and Control Act; Short Title.
376.021 - Legislative Intent With Respect to Pollution of Coastal Waters and Lands.
376.031 - Definitions; Ss. 376.011-376.21.
376.041 - Pollution of Waters and Lands of the State Prohibited.
376.051 - Powers and Duties of the Department of Environmental Protection.
376.07 - Regulatory Powers of Department; Penalties for Inadequate Booming by Terminal Facilities.
376.0705 - Development of Training Programs and Educational Materials.
376.071 - Discharge Contingency Plan for Vessels.
376.09 - Removal of Prohibited Discharges.
376.10 - Personnel and Equipment.
376.11 - Florida Coastal Protection Trust Fund.
376.121 - Liability for Damage to Natural Resources.
376.123 - Claims Against the Florida Coastal Protection Trust Fund.
376.13 - Emergency Proclamation; Governor’s Powers.
376.16 - Enforcement and Penalties.
376.165 - “Hold-Harmless” Agreements Prohibited.
376.19 - County and Municipal Ordinances; Powers Limited.
376.20 - Limitation on Application.
376.205 - Individual Cause of Action for Damages Under Ss. 376.011-376.21.
376.207 - Traps Impregnated With Pollutants Prohibited.
376.21 - Construction of Ss. 376.011-376.21.
376.25 - Gambling Vessels; Registration; Required and Prohibited Releases.
376.30 - Legislative Intent With Respect to Pollution of Surface and Ground Waters.
376.301 - Definitions of Terms Used in Ss. 376.30-376.317, 376.70, and 376.75.
376.302 - Prohibited Acts; Penalties.
376.303 - Powers and Duties of the Department of Environmental Protection.
376.305 - Removal of Prohibited Discharges.
376.306 - Cattle-Dipping Vats; Legislative Findings; Liability.
376.307 - Water Quality Assurance Trust Fund.
376.30702 - Contamination Notification.
376.3071 - Inland Protection Trust Fund; Creation; Purposes; Funding.
376.30714 - Site Rehabilitation Agreements.
376.30715 - Innocent Victim Petroleum Storage System Restoration.
376.30716 - Cleanup of Certain Sites.
376.3072 - Florida Petroleum Liability and Restoration Insurance Program.
376.3073 - Local Programs and State Agency Programs for Control of Contamination.
376.3075 - Inland Protection Financing Corporation.
376.3078 - Drycleaning Facility Restoration; Funds; Uses; Liability; Recovery of Expenditures.
376.3079 - Third-Party Liability Insurance.
376.308 - Liabilities and Defenses of Facilities.
376.309 - Facilities, Financial Responsibility.
376.311 - Penalties for a Discharge.
376.315 - Construction of Ss. 376.30-376.317.
376.317 - Superseded Laws; State Preemption.
376.321 - Definitions; Ss. 376.320-376.326.
376.322 - Powers and Duties of the Department.
376.324 - Containment and Integrity Plan.
376.325 - Alternative to Containment and Integrity Plan Requirements.
376.326 - Application of S. 376.317.
376.40 - Petroleum Exploration and Production; Purposes; Funding.
376.60 - Asbestos Removal Program Inspection and Notification Fee.
376.70 - Tax on Gross Receipts of Drycleaning Facilities.
376.71 - Registration Fee and Gross Receipts Tax; Exemptions.
376.75 - Tax on Production or Importation of Perchloroethylene.
376.79 - Definitions Relating to Brownfields Redevelopment Act.
376.80 - Brownfield Program Administration Process.
376.81 - Brownfield Site and Brownfield Areas Contamination Cleanup Criteria.
376.82 - Eligibility Criteria and Liability Protection.
376.83 - Violation; Penalties.
376.84 - Brownfield Redevelopment Economic Incentives.
376.91 - Statewide Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances.