(1) It is the intent of the Legislature to maintain, encourage, and ensure adequate and reliable fuel terminal infrastructure in this state. Fuel terminals are a critical component of fuel storage and distribution. The ability to receive, store, and distribute fuel is essential to the state’s economy and to the health, safety, welfare, and quality of life of residents and visitors. It is essential that fuel terminal infrastructure be constructed and maintained in various locations in order to ensure the efficient and reliable transportation and delivery of an adequate quantity of fuel throughout the state.
(2) As used in this section, the term:
(a) “Fuel” means any of the following:
1. Alternative fuel as defined in s. 525.01.
2. Aviation fuel as defined in s. 206.9815.
3. Diesel fuel as defined in s. 206.86.
4. Gas as defined in s. 206.9925.
5. Motor fuel as defined in s. 206.01.
6. Natural gas fuel as defined in s. 206.9951.
7. Oil as defined in s. 206.9925.
8. Petroleum fuel as defined in s. 525.01.
9. Petroleum product as defined in s. 206.9925.
(b) “Fuel terminal” means a storage and distribution facility for fuel, supplied by pipeline or marine vessel, which has the capacity to receive and store a bulk transfer of fuel, is equipped with a loading rack through which fuel is physically transferred into tanker trucks or rail cars, and is registered with the Internal Revenue Service as a terminal.
(3) After July 1, 2014, a local government may not amend its comprehensive plan, land use map, zoning districts, or land development regulations in a manner that would conflict with a fuel terminal’s classification as a permitted and allowable use, including, but not limited to, an amendment that causes a fuel terminal to be a nonconforming use, structure, or development.
(4) In the event of damage to or destruction of a fuel terminal as a result of a natural disaster or other catastrophe, a local government shall allow the timely repair of the fuel terminal to the capacity of the fuel terminal as it existed before the natural disaster or catastrophe.
(5) This section does not limit the authority of a local government to adopt, implement, modify, and enforce applicable federal and state requirements for fuel terminals, including safety and building standards, and local safety and building standards. However, the exercise of local authority may not conflict with federal or state safety and security requirements for fuel terminals.
History.—s. 1, ch. 2014-93.
Structure Florida Statutes
Title XI - County Organization and Intergovernmental Relations
Chapter 163 - Intergovernmental Programs
163.2511 - Urban infill and redevelopment.
163.2514 - Growth Policy Act; definitions.
163.2517 - Designation of urban infill and redevelopment area.
163.2520 - Economic incentives.
163.3161 - Short title; intent and purpose.
163.3162 - Agricultural Lands and Practices.
163.3164 - Community Planning Act; definitions.
163.3168 - Planning innovations and technical assistance.
163.3171 - Areas of authority under this act.
163.3174 - Local planning agency.
163.3177 - Required and optional elements of comprehensive plan; studies and surveys.
163.31771 - Accessory dwelling units.
163.31777 - Public schools interlocal agreement.
163.3178 - Coastal management.
163.31801 - Impact fees; short title; intent; minimum requirements; audits; challenges.
163.31802 - Prohibited standards for security devices.
163.3182 - Transportation deficiencies.
163.3184 - Process for adoption of comprehensive plan or plan amendment.
163.3187 - Process for adoption of small scale comprehensive plan amendment.
163.3191 - Evaluation and appraisal of comprehensive plan.
163.3194 - Legal status of comprehensive plan.
163.3197 - Legal status of prior comprehensive plan.
163.3201 - Relationship of comprehensive plan to exercise of land development regulatory authority.
163.3202 - Land development regulations.
163.3204 - Cooperation by state and regional agencies.
163.3205 - Solar facility approval process.
163.32051 - Floating solar facilities.
163.3208 - Substation approval process.
163.3209 - Electric transmission and distribution line right-of-way maintenance.
163.3211 - Conflict with other statutes.
163.3213 - Administrative review of land development regulations.
163.3215 - Standing to enforce local comprehensive plans through development orders.
163.3217 - Municipal overlay for municipal incorporation.
163.3220 - Short title; legislative intent.
163.3221 - Florida Local Government Development Agreement Act; definitions.
163.3227 - Requirements of a development agreement.
163.3229 - Duration of a development agreement and relationship to local comprehensive plan.
163.3231 - Consistency with the comprehensive plan and land development regulations.
163.3233 - Local laws and policies governing a development agreement.
163.3235 - Periodic review of a development agreement.
163.3237 - Amendment or cancellation of a development agreement.
163.3239 - Recording and effectiveness of a development agreement.
163.3246 - Local government comprehensive planning certification program.
163.3248 - Rural land stewardship areas.
163.3252 - Local manufacturing development program; master development approval for manufacturers.
163.3253 - Coordinated manufacturing development approval process.