Florida 2021 Regular Session Status: Enacted 1 R cosponsors

HB 839 — Express Preemption of Fuel Retailers and Related Transportation Infrastructure

Last action — Chapter No. 2021-111

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2021. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Express Preemption of Fuel Retailers and Related Transportation Infrastructure; Prohibits municipality, county, special district, or political subdivision from taking certain actions to prohibit siting, development, or redevelopment of fuel retailers & related transportation infrastructure & from requiring fuel retailers to install or invest in particular fueling infrastructure.

Bill Text

What changed in the latest version

68 added · 64 removed

68 line(s) added, 64 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 839 2021 A bill to be entitled An act relating to the express preemption of fuel retailers and related transportation infrastructure;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 839 2021 A bill to be entitled An act relating to state preemption of transportation energy infrastructure regulation;
defining terms;
providing a definition;
prohibiting a municipality, county, special district, or political subdivision from taking certain actions to prohibit the siting, development, or redevelopment of fuel retailers and the related transportation infrastructure and from requiring fuel retailers to install or invest in a particular kind of fueling infrastructure;
providing legislative findings;
preempting regulation of transportation energy infrastructure to the state;
prohibiting a local government from regulating transportation energy infrastructure;
providing an exception;
377.707 Express preemption of fuel retailers and related transportation infrastructure.— (1) As used in this section, the term:
377.707 State preemption of transportation energy infrastructure regulation.— (1) As used in this section, the term "transportation energy infrastructure" means infrastructure supporting the production, import, storage, and distribution of fuels used for transportation including, but not limited to, petroleum, petroleum products, gasoline, diesel fuel, motor fuel, alternative fuel, marine fuel, aviation fuel, renewable fuel, natural gas, hydrogen, and electricity.
(a) "Fuel retailer" means a fuel station or retail establishment that sells fuel to provide power to vehicles.
(2) The Legislature finds that affordable, reliable, and sustainable transportation energy throughout the state is Page 1 of 3 CODING:
(b) "Related transportation infrastructure" means storage tanks, pipelines, or any related equipment that is necessary to deliver fuel to a fuel retailer or dispense fuel at a fuel Page 1 of 3 CODING:
hb0839-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 839 2021 retailer.
hb0839-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 839 2021 dependent upon transportation energy infrastructure networks extending beyond local government boundaries and recognizes the importance of consumer choice in the transportation energy market.
(2) A municipality, county, special district, or political subdivision may not do any of the following:
Therefore, the regulation of transportation energy infrastructure is expressly preempted to the state.
(a) Adopt a law, an ordinance, a regulation, a policy, or a resolution that prohibits the siting, development, or redevelopment of a fuel retailer or the related transportation infrastructure that is necessary to provide fuel to a fuel retailer within the entirety of the jurisdictional boundary of the municipality, county, special district, or political subdivision.
(3) Except as authorized by general law, a local government is prohibited from:
(b) Adopt or apply a law, an ordinance, a regulation, a policy, or a resolution that results in the de facto prohibition of a fuel retailer or the related transportation infrastructure that is necessary to provide fuel to a fuel retailer within the entirety of the jurisdictional boundary of a municipality, county, special district, or political subdivision.
(a) Adopting or implementing any law, ordinance, regulation, policy, or resolution that prohibits, restricts, or requires, or that has the effect of prohibiting, restricting, or requiring, the construction of new transportation energy infrastructure or the expansion, upgrading, or repair of existing transportation energy infrastructure, or imposing any requirement regulating transportation energy infrastructure that is more stringent than state law or department rule, except for local ordinances regulating underground petroleum storage system construction, operation, and maintenance that were enacted pursuant to s.
(c) Require a fuel retailer to install or invest in a particular kind of fueling infrastructure, including, but not limited to, electric vehicle charging stations.
376.317(3)(a).
This section does not preempt a municipality, county, special district, or political subdivision from adopting and implementing a law, an ordinance, a regulation, a policy, or a resolution that is not otherwise inconsistent with general law relating to the siting, development, or redevelopment of fuel Page 2 of 3 CODING:
(b) Amending its comprehensive plan, land use map, zoning districts, or land development regulations in a manner that would conflict with an existing transportation energy infrastructure classification as a permitted and allowable use including, but not limited to, an amendment that causes an existing transportation energy infrastructure to be a nonconforming use, structure, or development.
Page 2 of 3 CODING:
hb0839-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 839 2021 retailers or related transportation infrastructure necessary for them to provide fuel, if such law, ordinance, regulation, policy, or resolution does not result in a de facto prohibition of fuel retailers or related transportation infrastructure necessary to provide fuel to fuel retailers from being sited, developed, or redeveloped within zoning or land use classifications where such infrastructure is consistent with other allowable uses.
hb0839-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 839 2021 (c) Imposing transportation energy infrastructure requirements that are more stringent than state law or department rule.
(4) This section does not limit the authority of a local government to adopt, implement, modify, and enforce applicable federal and state requirements for transportation energy infrastructure including safety and building standards.
However, the exercise of local authority may not conflict with federal or state safety and security requirements for transportation energy infrastructure.
(5) Any existing or future law, ordinance, regulation, policy, or resolution that is contrary to this section is void.
This act shall take effect upon becoming a law.
This act shall take effect July 1, 2021.
hb0839-02-c2
hb0839-01-c1
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Action History

  1. Chapter No. 2021-111

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered enrolled

  5. In Messages

  6. CS passed; YEAS 26 NAYS 12

  7. Read 3rd time

  8. Placed on 3rd reading

  9. Read 2nd time

  10. Substituted for CS/CS/SB 856

  11. Placed on Calendar, on 2nd reading

  12. Withdrawn from Rules

  13. Received

  14. Referred to Rules

  15. In Messages

  16. Message sent to senate

  17. CS passed; YEAS 79, NAYS 38

  18. Read 3rd time

  19. Added to Third Reading Calendar

  20. Placed on 3rd reading

  21. Read 2nd time

  22. Bill added to Special Order Calendar (4/20/2021)

  23. Added to Second Reading Calendar

  24. Bill released to House Calendar

  25. Reported out of Commerce Committee

  26. Favorable by Commerce Committee

  27. Added to Commerce Committee agenda

  28. Now in Commerce Committee

  29. Referred to Commerce Committee

  30. 1st Reading (Committee Substitute 2)

  31. CS Filed

  32. Laid on Table under Rule 7.18(a)

  33. Reported out of Local Administration & Veterans Affairs Subcommittee

  34. Favorable with CS by Local Administration & Veterans Affairs Subcommittee

  35. PCS added to Local Administration & Veterans Affairs Subcommittee agenda

  36. Now in Local Administration & Veterans Affairs Subcommittee

  37. Referred to Commerce Committee

  38. Referred to Local Administration & Veterans Affairs Subcommittee

  39. 1st Reading (Committee Substitute 1)

  40. CS Filed

  41. Laid on Table under Rule 7.18(a)

  42. Reported out of Tourism, Infrastructure & Energy Subcommittee

  43. Favorable with CS by Tourism, Infrastructure & Energy Subcommittee

  44. PCS added to Tourism, Infrastructure & Energy Subcommittee agenda

  45. 1st Reading (Original Filed Version)

  46. Added to Tourism, Infrastructure & Energy Subcommittee agenda

  47. Now in Tourism, Infrastructure & Energy Subcommittee

  48. Referred to Commerce Committee

  49. Referred to Local Administration & Veterans Affairs Subcommittee

  50. Referred to Tourism, Infrastructure & Energy Subcommittee

  51. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 25 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 26 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 13702
Republican 13000
Democrat 0400
No Party Affiliation 0100
Total 261202
% of votes cast 65%30%0%5%
How each member voted (40)
Member Party Vote
Cruz — Nay
Diaz — Yea
Ausley — Nay
Farmer — Nay
Powell — Nay
Baxley — Yea
Gainer — Yea
Rodrigues — Yea
Bean — Yea
Gibson — Nay
Book — Yea
Stargel — Yea
Stewart — Yea
Hutson — Yea
Thurston — Nay
Brandes — Yea
Torres — Nay
Broxson — Yea
Simpson — Yea
Perry — Yea
Bracy — Not Voting
Taddeo — Not Voting
Berman, Lori Democrat Nay
Jones, Shevrin D. "Shev" Democrat Nay
Polsky, Tina Scott Democrat Nay
Rouson, Darryl Ervin Democrat Nay
Pizzo, Jason W. B. No Party Affiliation Nay
Albritton, Ben Republican Yea
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Garcia, Ileana Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 79 Yea · 38 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 341901
Republican 43102
Democrat 21800
Total 793803
% of votes cast 66%32%0%3%
How each member voted (120)
Member Party Vote
Alexander — Nay
Aloupis — Yea
Geller — Nay
Altman — Yea
Goff-Marcil — Nay
Renner — Yea
Grant — Yea
Roach — Yea
Bell — Yea
Grieco — Yea
Beltran — Yea
Hage — Yea
Benjamin — Nay
Harding — Yea
Hardy — Nay
Rommel — Yea
Roth — Yea
Hawkins — Yea
Sabatini — Yea
Brown — Nay
Ingoglia — Yea
Silvers — Nay
Jenne — Nay
Bush — Nay
Byrd — Yea
Killebrew — Nay
Slosberg — Nay
Caruso — Yea
Latvala — Yea
Learned — Yea
Sprowls — Yea
Clemons — Yea
Stevenson — Yea
Diamond — Nay
Mariano — Yea
Toledo — Yea
Tomkow — Yea
Drake — Yea
DuBose — Nay
McCurdy — Nay
Duran — Nay
Willhite — Nay
Morales — Nay
Williams — Nay
Fernandez-Barquin — Yea
Williamson — Yea
Fetterhoff — Yea
Omphroy — Yea
Fine — Yea
Fischer — Yea
Payne — Yea
Zika — Yea
Casello — Not Voting
Thompson, Geraldine F. "Geri" — Nay
Arrington, Kristen Aston Democrat Nay
Bartleman, Robin Democrat Nay
Chambliss, Kevin D. Democrat Nay
Daley, Dan Democrat Yea
Davis, Tracie Democrat Nay
Driskell, Fentrice Democrat Nay
Eskamani, Dr. Anna V. Democrat Nay
Gottlieb, Michael "Mike" Democrat Nay
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Nay
Hinson, Yvonne Hayes Democrat Nay
Hunschofsky, Christine Democrat Nay
Joseph, Dotie Democrat Nay
Nixon, Angela "Angie" Democrat Nay
Rayner, Michele K. Democrat Nay
Robinson, Felicia Simone Democrat Nay
Skidmore, Kelly Democrat Nay
Smith, Carlos Guillermo Democrat Nay
Tant, Allison Democrat Nay
Woodson, Marie Paule Democrat Nay
Andrade, Robert Alexander "Alex" Republican Yea
Barnaby, Webster Republican Yea
Borrero, David Republican Yea
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
Busatta, Demi Republican Yea
Chaney, Linda Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Fabricio, Tom Republican Yea
Garrison, Sam Republican Yea
Giallombardo, Mike Republican Yea
Grall, Erin Republican Yea
Koster, Traci Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
McFarland, Fiona Republican Yea
Melo, Lauren Republican Yea
Mooney Jr., James Vernon "Jim" Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Persons-Mulicka, Jenna Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Not Voting
Rizo, Alex Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Rodriguez, Ana Maria Republican Yea
Salzman, Michelle Republican Yea
Shoaf, Jason Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea
Trabulsy, Dana Republican Yea
Truenow, Keith L. Republican Yea
Trumbull, Jay Republican Yea
Tuck, Kaylee Republican Yea
Vacant Republican Yea
Valdés, Susan L. Republican Nay
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Commerce Committee)

Passed 17 Yea · 3 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 7002
Unaffiliated 9302
Democrat 1001
Total 17305
% of votes cast 68%12%0%20%
How each member voted (25)
Member Party Vote
Beltran — Yea
Brown — Nay
Clemons — Not Voting
Drake — Yea
Geller — Nay
Hage — Yea
Ingoglia — Yea
Latvala — Yea
Omphroy — Yea
Rommel — Yea
Silvers — Yea
Slosberg-King — Nay
Tomkow — Yea
Willhite — Not Voting
Daley, Dan Democrat Yea
Nixon, Angela "Angie" Democrat Not Voting
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Fabricio, Tom Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
McClure, Lawrence Republican Yea
Plakon, Rachel Saunders Republican Not Voting
Plasencia, Susan Republican Not Voting
Rodriguez, Ana Maria Republican Yea
Shoaf, Jason Republican Yea

Official roll call →

Favorable With Amendment(s) (Local Administration & Veterans Affairs Subcommittee)

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 7002
Democrat 3001
Unaffiliated 5000
Total 15003
% of votes cast 83%0%0%17%
How each member voted (18)
Member Party Vote
Benjamin — Yea
Goff-Marcil — Yea
Harding — Yea
Sabatini — Yea
Toledo — Yea
Bartleman, Robin Democrat Yea
Daley, Dan Democrat Yea
Joseph, Dotie Democrat Not Voting
Woodson, Marie Paule Democrat Yea
Barnaby, Webster Republican Yea
DiCeglie, Nick Republican Yea
Giallombardo, Mike Republican Yea
Melo, Lauren Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Persons-Mulicka, Jenna Republican Not Voting
Salzman, Michelle Republican Yea
Smith, David Republican Yea
Snyder, John Republican Not Voting

Official roll call →

Favorable (Tourism, Infrastructure & Energy Subcommittee)

Passed 12 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5300
Republican 7000
Democrat 0300
Total 12600
% of votes cast 67%33%0%0%
How each member voted (18)
Member Party Vote
Beltran — Yea
Brown — Nay
Drake — Yea
Fine — Yea
Roth — Yea
Silvers — Nay
Slosberg-King — Nay
Williamson — Yea
Davis, Tracie Democrat Nay
Joseph, Dotie Democrat Nay
Skidmore, Kelly Democrat Nay
Buchanan, James Republican Yea
Chaney, Linda Republican Yea
LaMarca, Chip Republican Yea
McFarland, Fiona Republican Yea
Shoaf, Jason Republican Yea
Trabulsy, Dana Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Subjects

transportation energy
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Frequently asked questions

What does HB 839 do?
Express Preemption of Fuel Retailers and Related Transportation Infrastructure; Prohibits municipality, county, special district, or political subdivision from taking certain actions to prohibit siting, development, or redevelopment of fuel retailers & related transportation infrastructure & from requiring fuel retailers to install or invest in particular fueling infrastructure.
Who sponsors HB 839?
HB 839 is sponsored by Fabricio, Tom (Republican).
What is the current status of HB 839?
This bill has been enacted into law. Introduced February 09, 2021. Enacted.
Where can I track HB 839?
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