Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1070
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2014           .                                

    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 163.3206, Florida Statutes, is created
    6  to read:
    7         163.3206 Fuel terminals.—
    8         (1) It is the intent of the Legislature to maintain,
    9  encourage, and ensure adequate and reliable fuel terminal
   10  infrastructure in this state. Fuel terminals are a critical
   11  component of fuel storage and distribution. The ability to
   12  receive, store, and distribute fuel is essential to the state’s
   13  economy and to the health, safety, welfare, and quality of life
   14  of residents and visitors. It is essential that fuel terminal
   15  infrastructure be constructed and maintained in various
   16  locations in order to ensure the efficient and reliable
   17  transportation and delivery of an adequate quantity of fuel
   18  throughout the state.
   19         (2) As used in this section, the term:
   20         (a) “Fuel” means any of the following:
   21         1. Alternative fuel as defined in s. 525.01.
   22         2. Aviation fuel as defined in s. 206.9815.
   23         3. Diesel fuel as defined in s. 206.86.
   24         4. Gas as defined in s. 206.9925.
   25         5. Motor fuel as defined in s. 206.01.
   26         6. Natural gas fuel as defined in s. 206.9951.
   27         7. Oil as defined in s. 206.9925.
   28         8. Petroleum fuel as defined in s. 525.01.
   29         9. Petroleum product as defined in s. 206.9925.
   30         (b) “Fuel terminal” means a storage and distribution
   31  facility for fuel, supplied by pipeline or marine vessel, which
   32  has the capacity to receive and store a bulk transfer of fuel,
   33  is equipped with a loading rack through which fuel is physically
   34  transferred into tanker trucks or rail cars, and which is
   35  registered with the Internal Revenue Service as a terminal.
   36         (3) After July 1, 2014, a local government may not amend
   37  its comprehensive plan, land use map, zoning districts, or land
   38  development regulations in a manner that would conflict with a
   39  fuel terminal’s classification as a permitted and allowable use,
   40  including, but not limited to, an amendment that causes a fuel
   41  terminal to be a nonconforming use, structure, or development.
   42         (4) In the event of damage to or destruction of a fuel
   43  terminal as a result of a natural disaster or other catastrophe,
   44  a local government shall allow the timely repair of the fuel
   45  terminal to the capacity of the fuel terminal as it existed
   46  before the natural disaster or catastrophe.
   47         (5) This section does not limit the authority of a local
   48  government to adopt, implement, modify, and enforce applicable
   49  federal and state requirements for fuel terminals, including
   50  safety and building standards, and local safety and building
   51  standards. However, the exercise of local authority may not
   52  conflict with federal or state safety and security requirements
   53  for fuel terminals.
   54         Section 2. This act shall take effect July 1, 2014.
   56  ================= T I T L E  A M E N D M E N T ================
   57  And the title is amended as follows:
   58         Delete everything before the enacting clause
   59  and insert:
   60                        A bill to be entitled                      
   61         An act relating to fuel terminals; creating s.
   62         163.3206, F.S.; providing legislative intent; defining
   63         terms; prohibiting a local government from amending
   64         its local comprehensive plan, land use map, zoning
   65         districts, or land development regulations to make a
   66         fuel terminal a nonconforming use under the provisions
   67         thereof; requiring a local government to allow the
   68         repair of a fuel terminal damaged or destroyed by a
   69         natural disaster or other catastrophe; providing
   70         applicability; providing an effective date.