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. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 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.