CopyCited 5 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 2116, 1986 Fla. App. LEXIS 9963
...to install underground gasoline storage tanks. We reverse, holding that the ordinance has not become effective and that appellant has no available administrative remedy for obtaining adequate relief. This case turns primarily on the construction of section 376.317, Florida Statutes (1985), and related statutory provisions....
...The Department of Environmental Regulation (DER) is given authority to regulate potential sources of pollution to the underground water supply, including the installation and use of underground tanks for storage of petroleum products used as fuel in vehicles. See sections
376.30-
376.317, Florida Statutes (1985). To carry out this delegated authority, DER promulgated rules, codified in chapter 17-61, Florida Administrative Code, which set forth certain specifications and requirements governing both existing and new underground storage facilities. Section
376.317, Florida Statutes (1985), provides that any provision of the cited statutes or rules promulgated thereunder shall control over any other state law or local ordinance except as provided in subsection (3). Subsection
376.317(3) permits a county to "adopt countywide ordinances that regulate underground storage tanks ......
...ecifies certain criteria to be considered in adopting such rule. DER promulgated rules codified in chapter 17-63, Florida Administrative Code, to set procedures and standards for approval of local tank ordinances. Section 17-63.01 recognizes that in section 376.317, Florida Statutes, the state preempts regulation by local governments of regulated underground storage facilities, and notes that local regulation by the county may be authorized, provided "the local ordinance is approved by the Depar...
...s section
120.57 administrative proceeding to challenge the amendments required by DER as a condition for approval of the adopted ordinance. Clearly the state has preempted the regulation of certain underground storage tanks, and the requirements in section
376.317(3) and rule 17-63.01 that any local ordinance purporting to more strictly regulate this subject must first be approved by DER is concise and direct and, so far as we discern, free from ambiguity and uncertainty of meaning....
...valid and effective so that the county can legally deny Lewis Oil a permit for failure to comply with such ordinance during the pendency of the county's dispute with DER, is a substantially different issue which depends solely upon a construction of section 376.317....
...e *189 stay or restraining order from DER against the county's enforcement of its not-yet-effective ordinance. Nor are we aware of any authority for DER to exercise such control over the county's permitting authority. The only authority given DER by section 376.317 is the power to approve or disapprove ordinances purporting to regulate storage tanks and to hold public hearings thereon....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1987 WL 2640
...tanks in the county. At issue in this litigation is the effect of the state's statutory and regulatory scheme upon efforts by the county to exercise control over underground tanks such as those for which Lewis Oil seeks approval. In sections
376.30-
376.317, Florida Statutes (1985), the state preempted the regulation of the construction of underground petroleum storage tanks. Under the statutes, a county ordinance which is more stringent or extensive than state law may be enacted, provided the ordinance is approved by DER. §
376.317(3), Fla....
...he moratorium to August 2, 1987. Lewis Oil, after having been refused a permit because of the existing moratorium, filed an action in circuit court seeking declaratory and injunctive relief. Lewis Oil's proposed project complies with sections
376.30-
376.317 and the rules and regulations of DER promulgated pursuant thereto....
...s. Noting that Alachua County had not applied to DER for approval of either of its ordinances, 86-19 or 87-2, the trial court thus determined that the moratorium was an attempt to regulate in an area which has been preempted to the state pursuant to section 376.317. On appeal, Alachua County has asked this court to determine whether its ordinance, as amended, is invalid by reason of the preemption contained in section 376.317....
CopyPublished | Florida 1st District Court of Appeal | 1989 Fla. App. LEXIS 7450, 1989 WL 155602
NIMMONS, Judge. Alachua County appeals from a final judgment permanently enjoining the County from enforcing a moratorium on the construction of underground petroleum storage tanks. We affirm. Pursuant to Sections
376.30-
376.317, Florida Statutes (Supp.1986), the state has preempted the field of regulation of underground petroleum storage tanks....
...We stated: *1212 Our concern, however, in determining whether the ordinance is a zoning ordinance, is not with semantics but rather with what practical impact these “overlay zones” have on appellants’ and others’ lands situated within those zones.
447 So.2d at 355 . We also reject appellant’s argument that Section
376.317(3)(b) is unconstitutional because it 1) lacks meaningful standards to guide DER in deciding whether to approve an ordinance, and 2) violates the principle of separation of powers....
...JOANOS and WIGGINTON, JJ„ concur. . Under Section
376.303, DER is directed to establish rules regulating underground petroleum storage tanks. The rules established by DER are codified in Chapter 17-61, Florida Administrative Code. An amendment to Section
376.317 to partially exempt Alachua County from the approval requirement has been invalidated for failure to comply with constitutional requirements in its enactment....
