1. Florida Planning and Zoning Association
Brownfields 101
Florida Planning and Zoning Association
Regional Forum
January 22, 2016
Michael Sznapstajler
Cobb Cole

2. Overview Brownfields Generally
Definitions
Properties that can be Brownfields
Florida Brownfields Redevelopment Program
Economic Development Incentives
Regulatory Benefits
Success Stories

3. Brownfields Generally
Brownfield site – real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of hazardous substance, pollutant or contaminant. 42 U.S.C. § 9601(39)
Brownfield site - real property, the expansion, redevelopment, or reuse of which may be complicated by actual or perceived environmental contamination. § (3), Fla. Stat.
Brownfield area – 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. § (4), Fla. Stat.

4. What Properties Can Be Brownfields
Generally, there are no exclusions under state law as to what types of property can be designated as a brownfield
Examples of properties that have been designated as a brownfield area include, but are not limited to:
Gas Stations
Automotive Uses
Industrial Properties
Golf Courses
Abandoned Properties
Former Agriculture Areas
Downtown Properties
Landfills (permitted and unpermitted)

5. Brownfields Redevelopment Program
Starts with local government action
Local governments designate a brownfield area by adopting a resolution – either on their own or at the request of an individual
Designate the Brownfield Area by holding two advertised public hearings on the resolution.

6. Brownfield Area Designation Criteria
Redeveloper Initiated Area Request
The local government must designate the Brownfield Area if:
The person owning or controlling a potential site agrees to rehabilitate and redevelop the site;
5 new permanent jobs will be created;
The redevelopment is consistent with the comprehensive plan;
The designation is properly noticed; and
There are reasonable assurances of financial viability.
Sec (2)(c), Fla. Stat.

7. Brownfield Area Designation Criteria
Local Government Initiated Brownfield Area
In designating this Brownfield Area, the Local Government must consider whether it:
Warrants economic development;
Represents a reasonably focused approach and is not overly large geographically;
Has potential to interest the private sector in rehabilitation; and
Is suitable for recreation, open space, cultural, or historical preservation
Sec (2)(a), Fla. Stat.

8. CRA and Brownfield Areas:
However… Where a local government is proposing to designate a brownfield area inside a community redevelopment area, enterprise zone, empowerment zone, closed military base or designated brownfield pilot area, there is an assumption that the area already meets the criteria Sec (2)(b)

9. Brownfield Sites After Area is designated
Enter into a Brownfield Site Rehabilitation Agreement (“BSRA”)
BSRA is voluntary and negotiable contract
Provides for terms, responsibilities, and schedule for site rehabilitation
Requires site rehabilitation occur according to Chapter , Florida Administrative Code

10. Brownfield Site Incentives
The following economic incentives are available to sites with a BSRA and abutting properties:
Bonus Refund for Job Creation
Up to $2,500 per job
Credits can be stacked with Enterprise Zone and QTI Program for up to $10,500 per job
Sales/Use Tax Exemption on Building Materials for mixed-use and affordable housing projects

11. Brownfield Site Incentives
Regulatory Framework for Cleanup
and , Florida Administrative Code
Expedited Technical Review
Liability Protection
From further liability to state and 3rd parties for site rehabilitation and property damages
Does not limit 3rd party rights for personal injury
Protection continues if BSRA conditions are met
Additional liability protection provided to lenders and government, non-profit and charitable organizations

12. Brownfield Site Incentives - Voluntary Cleanup Tax Credits
Tax credits are awarded by FDEP for work integral to the cleanup of the brownfield site
Applicable towards corporate income tax - total of $5 million per year
Transferred once, which allows entities without tax liability to participate
During the 2015 legislative session, the Florida Legislature made a one-time appropriation of $15.6 million to the Brownfields Program
Tax Credit
Application Frequency
Maximum Credit for Costs
Site Rehabilitation
Annually
50% ($500,000)
SRCO
Once
25% ($500,000)
Affordable Housing
Health Care Provider
Solid Waste

13. Summary of State Brownfield Program
Brownfield Area – local government designates area
Separate Standards Depending on Who Initiates the Brownfield Area Designation
Statutory Criteria is Met when Property is Located in a Specified Redevelopment Area (e.g., Enterprise Zone)
Brownfield Site – enter into a cleanup agreement
Voluntary Cleanup Tax Credits
Liability Protection
Expedited Technical Review
Brownfield Sites and abutting properties
Job Bonus Refund
Sales Tax Credit on Building Materials

14. Economic Development
$28+ million in projected Capital Investment in 2014 and 2015
$2.7 billion in projected Capital Investment since 1997
Over 10,400+ projected New Direct and Indirect Jobs in 2014 and 2015
75,000 confirmed and projected Direct and Indirect Jobs since 1997
Source: FDEP ‘s 2015 Brownfields Program Annual Report

15. Practical Advantages of Brownfields Redevelopment
Decreased property acquisition costs
Decreased infrastructure costs
Opportunity for impact fee credits
Recovery of costs for assessment and cleanup
Liability protection
Federal grant opportunities
Tax credit refunds (layered with other state and local government incentives)
Greenfields
Increased infrastructure costs
No opportunity for impact fee credits
Transportation concurrency issues
Potential for habitat, wetlands and species issues
Greater potential for community issues

16. Brownfield Areas in Region
Volusia
20 Brownfield Areas
9 Brownfield Sites
6 Site Rehabilitation Completion Orders
Flagler
2 Brownfield Areas
1 Brownfield Site
Seminole
19 Brownfield Areas
8 Brownfield Sites
2 Site Rehabilitation Completion Orders
Brevard
20 Brownfield Areas
7 Brownfield Sites
4 Site Rehabilitation Completion Orders
St. Johns
1 Brownfield Area
1 Brownfield Site

17. Local Success Story William Square – Daytona Beach
Volatile organic compound impacts due to historic dry cleaner operations at or near property
First property in Volusia County to receive Voluntary Cleanup Tax Credits
In 2012, FDEP determined that the environmental issues at the property had been effectively addressed
Redeveloped for 16 urban townhomes

18. Matt’s Casbah – Melbourne
Historical Use
Former Gas station
Contaminants/Concerns
Petroleum Products
Brownfield Activity
9 Aboveground and
Underground Storage Tanks
SRCO issued in 2008
VCTC awarded - $36,312.54

19. Residence Inn - Tallahassee
Contaminants/Concerns
Arsenic, petroleum
Historical Use
Warehouse
Petroleum Storage
Brownfield Activity
Use of Federal Grant for Assessment
Use of State Program for Cleanup
Community Benefits
Previous Property Value $588,166
2012 Property Value $10,139,737
32 full time and 9 part time jobs

20. Questions/Additional Information
Michael Sznapstajler
Cobb Cole
Florida Brownfields Association
Southeast Regional Brownfields Conference
October 17th - 19th in Jacksonville