2014 Legislature                           CS for CS for SB 1070
    2         An act relating to fuel terminals; creating s.
    3         163.3206, F.S.; providing legislative intent; defining
    4         terms; prohibiting a local government from amending
    5         its local comprehensive plan, land use map, zoning
    6         districts, or land development regulations to make a
    7         fuel terminal a nonconforming use under the provisions
    8         thereof; requiring a local government to allow the
    9         repair of a fuel terminal damaged or destroyed by a
   10         natural disaster or other catastrophe; providing
   11         applicability; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 163.3206, Florida Statutes, is created
   16  to read:
   17         163.3206 Fuel terminals.—
   18         (1) It is the intent of the Legislature to maintain,
   19  encourage, and ensure adequate and reliable fuel terminal
   20  infrastructure in this state. Fuel terminals are a critical
   21  component of fuel storage and distribution. The ability to
   22  receive, store, and distribute fuel is essential to the state’s
   23  economy and to the health, safety, welfare, and quality of life
   24  of residents and visitors. It is essential that fuel terminal
   25  infrastructure be constructed and maintained in various
   26  locations in order to ensure the efficient and reliable
   27  transportation and delivery of an adequate quantity of fuel
   28  throughout the state.
   29         (2) As used in this section, the term:
   30         (a) “Fuel” means any of the following:
   31         1. Alternative fuel as defined in s. 525.01.
   32         2. Aviation fuel as defined in s. 206.9815.
   33         3. Diesel fuel as defined in s. 206.86.
   34         4. Gas as defined in s. 206.9925.
   35         5. Motor fuel as defined in s. 206.01.
   36         6. Natural gas fuel as defined in s. 206.9951.
   37         7. Oil as defined in s. 206.9925.
   38         8. Petroleum fuel as defined in s. 525.01.
   39         9. Petroleum product as defined in s. 206.9925.
   40         (b) “Fuel terminal” means a storage and distribution
   41  facility for fuel, supplied by pipeline or marine vessel, which
   42  has the capacity to receive and store a bulk transfer of fuel,
   43  is equipped with a loading rack through which fuel is physically
   44  transferred into tanker trucks or rail cars, and is registered
   45  with the Internal Revenue Service as a terminal.
   46         (3) After July 1, 2014, a local government may not amend
   47  its comprehensive plan, land use map, zoning districts, or land
   48  development regulations in a manner that would conflict with a
   49  fuel terminal’s classification as a permitted and allowable use,
   50  including, but not limited to, an amendment that causes a fuel
   51  terminal to be a nonconforming use, structure, or development.
   52         (4) In the event of damage to or destruction of a fuel
   53  terminal as a result of a natural disaster or other catastrophe,
   54  a local government shall allow the timely repair of the fuel
   55  terminal to the capacity of the fuel terminal as it existed
   56  before the natural disaster or catastrophe.
   57         (5) This section does not limit the authority of a local
   58  government to adopt, implement, modify, and enforce applicable
   59  federal and state requirements for fuel terminals, including
   60  safety and building standards, and local safety and building
   61  standards. However, the exercise of local authority may not
   62  conflict with federal or state safety and security requirements
   63  for fuel terminals.
   64         Section 2. This act shall take effect July 1, 2014.