Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 856
       
       
       
       
       
       
                                Ì563192,Î563192                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Community Affairs (Hutson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 377.707, Florida Statutes, is created to
    6  read:
    7         377.707 Express preemption of fuel retailers and related
    8  transportation infrastructure.—
    9         (1) As used in this section, the term:
   10         (a) “Fuel retailer” means a fuel station or retail
   11  establishment that sells fuel to provide power to vehicles.
   12         (b) “Related transportation infrastructure” means
   13  underground storage tanks, pipelines, or any related equipment
   14  that is necessary to dispense fuel at a fuel retailer.
   15         (2) A municipality, county, special district, or political
   16  subdivision may not do any of the following:
   17         (a) Adopt a law, an ordinance, a regulation, a policy, or a
   18  resolution that prohibits the siting, development, or
   19  redevelopment of a fuel retailer or the related transportation
   20  infrastructure that is necessary to provide fuel to a fuel
   21  retailer within the entirety of the jurisdictional boundary of
   22  the municipality, county, special district, or political
   23  subdivision.
   24         (b) Adopt or apply a law, an ordinance, a regulation, a
   25  policy, or a resolution that results in the de facto prohibition
   26  of a fuel retailer or the related transportation infrastructure
   27  that is necessary to provide fuel to a fuel retailer within the
   28  entirety of the jurisdictional boundary of a municipality,
   29  county, special district, or political subdivision.
   30         (c) Require a fuel retailer to install or invest in a
   31  particular kind of fueling infrastructure, including, but not
   32  limited to, electric vehicle charging stations.
   33  
   34  This section does not preempt a municipality, county, special
   35  district, or political subdivision from adopting and
   36  implementing a law, an ordinance, a regulation, a policy, or a
   37  resolution that is not otherwise inconsistent with general law
   38  relating to the siting, development, or redevelopment of fuel
   39  retailers or related transportation infrastructure necessary for
   40  them to provide fuel, if such law, ordinance, regulation,
   41  policy, or resolution does not result in a de facto prohibition
   42  of fuel retailers or related transportation infrastructure
   43  necessary to provide fuel to fuel retailers from being sited,
   44  developed, or redeveloped within the entirety of the
   45  jurisdictional boundaries of the municipality, county, special
   46  district, or political subdivision.
   47         Section 2. This act shall take effect July 1, 2021.
   48  
   49  ================= T I T L E  A M E N D M E N T ================
   50  And the title is amended as follows:
   51         Delete everything before the enacting clause
   52  and insert:
   53                        A bill to be entitled                      
   54         An act relating to the express preemption of fuel
   55         retailers and related transportation infrastructure;
   56         defining terms; prohibiting a municipality, county,
   57         special district, or political subdivision from taking
   58         certain actions to prohibit the siting, development,
   59         or redevelopment of fuel retailers and the related
   60         transportation infrastructure and from requiring fuel
   61         retailers to install or invest in a particular fueling
   62         infrastructure; providing construction; providing an
   63         effective date.