BILL SUMMARY DETAILS

Florida League of Cities

Express Preemption of Fuel Retailers and Related Transportation Infrastructure (Oppose – Preemption) 

CS/CS/HB 839 (Fabricio) prohibits a local government from banning (or taking action that results in a de facto ban) gas stations or related transportation infrastructure necessary to provide fuel to gas stations. In addition, the bill prohibits a local government from requiring gas stations to install particular types of fueling infrastructure such as electric vehicle charging stations. The bill clarifies that it does not preempt a local government from adopting and implementing requirements relating to the siting, development or redevelopment of gas stations or related transportation infrastructure as long as the requirements do not amount to a de facto prohibition within zoning or land use classifications where such infrastructure is consistent with other allowable uses. (O'Hara)