Florida Senate - 2014                             CS for SB 1070
       By the Committee on Community Affairs; and Senator Simpson
       578-02456-14                                          20141070c1
    1                        A bill to be entitled                      
    2         An act relating to fuel terminals; creating s.
    3         163.3206, F.S.; providing legislative intent; defining
    4         terms; declaring certain fuel terminals a permitted
    5         and allowable use under any local government
    6         comprehensive plan, land use map, zoning district, or
    7         land development regulation; authorizing the expansion
    8         of such fuel terminals; authorizing limited local
    9         government regulation of expanded fuel terminals;
   10         prohibiting a local government from amending its local
   11         comprehensive plan, land use map, zoning districts, or
   12         land development regulations to make such fuel
   13         terminals a nonconforming use under the provisions
   14         thereof; providing applicability; providing an
   15         effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 163.3206, Florida Statutes, is created
   20  to read:
   21         163.3206 Fuel terminals.—
   22         (1) It is the intent of the Legislature to maintain,
   23  encourage, and ensure adequate and reliable fuel terminal
   24  infrastructure in this state. Fuel terminals are a critical
   25  component of fuel storage and distribution. The ability to
   26  receive, store, and distribute fuel is essential to the state’s
   27  economy and to the health, safety, welfare, and quality of life
   28  of residents and visitors. It is essential that fuel terminal
   29  infrastructure be constructed and maintained in various
   30  locations in order to ensure the efficient and reliable
   31  transportation and delivery of an adequate quantity of fuel
   32  throughout the state.
   33         (2) As used in this section, the term:
   34         (a) “Fuel” means any of the following:
   35         1. Alternative fuel as defined in s. 525.01.
   36         2. Aviation fuel as defined in s. 206.9815.
   37         3. Diesel fuel as defined in s. 206.86.
   38         4. Gas as defined in s. 206.9925.
   39         5. Motor fuel as defined in s. 206.01.
   40         6. Natural gas fuel as defined in s. 206.9951.
   41         7. Oil as defined in s. 206.9925.
   42         8. Petroleum fuel as defined in s. 525.01.
   43         9. Petroleum product as defined in s. 206.9925.
   44         (b) “Fuel terminal” means a storage and distribution
   45  facility for fuel, supplied by pipeline or marine vessel, which
   46  has the capacity to receive and store a bulk transfer of fuel,
   47  is equipped with a loading rack through which fuel is physically
   48  transferred into tanker trucks or rail cars, and which is
   49  registered with the Internal Revenue Service as a terminal.
   50         (c) “Primary use” means a use that is allowed as of right
   51  and that does not require a special exception, a special use
   52  permit, or a conditional use or other similar approval.
   53         (3) Notwithstanding any local government comprehensive
   54  plan, land use map, zoning district, or land development
   55  regulation to the contrary, fuel terminals in existence on July
   56  1, 2014, are a permitted and allowable use under any local
   57  government comprehensive plan, land use map, zoning district, or
   58  land development regulation.
   59         (a) Such fuel terminals may be expanded within the physical
   60  boundary of the parcel upon which the fuel terminal is located
   61  regardless of the current land use designation of the parcel.
   62         1. Local governments may adopt and enforce reasonable land
   63  development regulations for the expanded portion of the fuel
   64  terminal only. Such regulations may address only setback,
   65  landscaping, buffering, screening, lighting, or other aesthetic
   66  compatibility-based standards. Vegetated buffers or screening
   67  may not be required to have a mature height in excess of 14
   68  feet.
   69         2. This paragraph does not limit a local government’s
   70  authority to grant a variance from setback, landscaping,
   71  buffering, screening, lighting, or other aesthetic
   72  compatibility-based standards to a fuel terminal owner upon the
   73  owner’s request.
   74         (b) A local government may not amend its comprehensive
   75  plan, land use map, zoning districts, or land development
   76  regulations in a manner that would conflict with a fuel
   77  terminal’s classification as a permitted and allowable use under
   78  this section, including, but not limited to, an amendment that
   79  causes a fuel terminal to be a nonconforming use, structure, or
   80  development.
   81         (4) This section does not limit the authority of a local
   82  government to implement and enforce applicable federal and state
   83  requirements for fuel terminals, including safety and building
   84  standards. However, the exercise of such authority may not
   85  conflict with federal or state safety and security requirements
   86  for fuel terminals.
   87         Section 2. This act shall take effect July 1, 2014.