Florida Brownfields: The Site vs. Area Difference That Protects Your Bottom Line

Understanding the types of Brownfields and what they mean.

I'm sure you've heard the buzz around brownfields if you're into commercial real estate. But the terminology can make the implications hard to understand. We break down the terms and what you need to know.

Under Section 376.79(5), Florida Statutes (FS), a Brownfield area is:

“A contiguous area of one or more brownfield sites, some of which may not be contaminated, that has been designated by a local government by resolution for the purpose of encouraging redevelopment and economic revitalization.”

In simpler terms, it’s a zone—often a commercial or industrial corridor—where local governments want to promote cleanup and redevelopment. But just by being located geographically inside a brownfield area, doesn't mean your site is contaminated!

A brownfield site is an individual property which was identified because some previous historical use or environmental study revealed the property has a higher probability of potential environmental contamination or has confirmed soil, groundwater, or vapor contamination. Some examples of brownfields sites in Florida include gas stations, auto repair, dry cleaners, manufacturing of or heavy use of chemicals, or chemical storage facilities.

A brownfields designation means you have access to state incentives, such as tax credits, job creation bonuses, and liability protections through Florida’s Brownfields Redevelopment Program.

Fundamentally, this program is meant to turn environmentally distressed properties into assets that help the community. However, it's crucial to consider the significant drawbacks of owning brownfields before purchasing. In the next section, we will discuss the importance of doing due diligence.

An eyesore everyone avoids becomes the place everyone after successful redevelopment under the Brownfields program.

Before You Buy, Do Your Due Diligence

Florida is a buyer beware state meaning you accept it 'as is'. Any contamination could be YOUR problem and a very expensive one to have!

For some financial perspective, typical out-of-pocket remediation costs in Florida can range from:

• $60,000 to $750,000**

  **Or more depending the type of contamination, size, and/or complexity of the site.

A Phase I ESA protects buyers by identifying potential contamination before purchase and may preserve your eligibility for liability defenses and redevelopment incentives. It's important that your Phase I ESA is completed under ASTM E1527‑21, the current industry standard for environmental due diligence, which establishes compliance with CERCLA’s "All Appropriate Inquiries” requirement.

The bottom line: protecting your expensive purchase starts with getting data so you can make an informed decision, and the Phase I ESA provides that information. If you are worried about the cost of the Phase I ESA, it's nominal compared to the potential remediation costs. In Florida, Phase I ESAs typically runs between $3,000 to $4,000 (may be higher depending on site conditions and complexity).

We can help!

Trailblazer Environmental Consultants, LLC employs professional with over 25 years of experience in Florida conducting 1,000+ ESAs. Contact us at scole@trailblazerenv.com or call 863-242-4580.