Florida Senate - 2021                       CS for CS for SB 856
       
       
        
       By the Committees on Community Affairs; and Regulated
       Industries; and Senator Hutson
       
       
       
       
       578-02922-21                                           2021856c2
    1                        A bill to be entitled                      
    2         An act relating to the express preemption of fuel
    3         retailers and related transportation infrastructure;
    4         creating s. 377.707, F.S.; defining terms; prohibiting
    5         a municipality, county, special district, or political
    6         subdivision from taking certain actions to prohibit
    7         the siting, development, or redevelopment of fuel
    8         retailers and the related transportation
    9         infrastructure and from requiring fuel retailers to
   10         install or invest in a particular fueling
   11         infrastructure; providing construction; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 377.707, Florida Statutes, is created to
   17  read:
   18         377.707 Express preemption of fuel retailers and related
   19  transportation infrastructure.—
   20         (1) As used in this section, the term:
   21         (a) “Fuel retailer” means a fuel station or retail
   22  establishment that sells fuel to provide power to vehicles.
   23         (b) “Related transportation infrastructure” means
   24  underground storage tanks, pipelines, or any related equipment
   25  that is necessary to dispense fuel at a fuel retailer.
   26         (2) A municipality, county, special district, or political
   27  subdivision may not do any of the following:
   28         (a) Adopt a law, an ordinance, a regulation, a policy, or a
   29  resolution that prohibits the siting, development, or
   30  redevelopment of a fuel retailer or the related transportation
   31  infrastructure that is necessary to provide fuel to a fuel
   32  retailer within the entirety of the jurisdictional boundary of
   33  the municipality, county, special district, or political
   34  subdivision.
   35         (b) Adopt or apply a law, an ordinance, a regulation, a
   36  policy, or a resolution that results in the de facto prohibition
   37  of a fuel retailer or the related transportation infrastructure
   38  that is necessary to provide fuel to a fuel retailer within the
   39  entirety of the jurisdictional boundary of a municipality,
   40  county, special district, or political subdivision.
   41         (c) Require a fuel retailer to install or invest in a
   42  particular kind of fueling infrastructure, including, but not
   43  limited to, electric vehicle charging stations.
   44  
   45  This section does not preempt a municipality, county, special
   46  district, or political subdivision from adopting and
   47  implementing a law, an ordinance, a regulation, a policy, or a
   48  resolution that is not otherwise inconsistent with general law
   49  relating to the siting, development, or redevelopment of fuel
   50  retailers or related transportation infrastructure necessary for
   51  them to provide fuel, if such law, ordinance, regulation,
   52  policy, or resolution does not result in a de facto prohibition
   53  of fuel retailers or related transportation infrastructure
   54  necessary to provide fuel to fuel retailers from being sited,
   55  developed, or redeveloped within the entirety of the
   56  jurisdictional boundaries of the municipality, county, special
   57  district, or political subdivision.
   58         Section 2. This act shall take effect upon becoming a law.