HB 815 2024
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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
A bill to be entitled 1
An act relating to the sale of liquefied petroleum 2
gas; amending s. 527.01, F.S.; providing definitions; 3
amending s. 527.02, F.S.; requiring certain remote 4
bulk storage locations to comply with specified 5
requirements; amending s. 527.0201, F.S.; requiring 6
qualifier examinations to be completed within a 7
specified timeframe; providing eligibility criteria 8
for certain qualifier certification; prohibiting a 9
person from acting as a qualifier for more than one 10
remote bulk storage location; requiring qualifiers to 11
function in a position with specified authority; 12
prohibiting a person from acting as a master qualifier 13
for more than one licensee; amending s. 527.055, F.S.; 14
authorizing the Department of Agriculture and Consumer 15
Services to condemn unsafe equipment and order the 16
immediate removal of liquefied petroleum gas from 17
certain bulk storage; amending s. 527.0605, F.S.; 18
revising the applicability of specified provisions for 19
bulk storage locations; amending s. 527.067, F.S.; 20
requiring persons servicing, testing, re pairing, 21
maintaining, or installing liquefied petroleum gas 22
equipment and systems to include specified information 23
on all work orders, invoices, and similar documents; 24
amending s. 527.07, F.S.; prohibiting unauthorized 25
HB 815 2024
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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
persons from adding liquified petrole um gas to or 26
removing liquified petroleum gas from certain 27
containers and receptacles; requiring the department 28
to adopt specified rules; amending s. 527.11, F.S.; 29
revising minimum bulk storage requirements for 30
liquefied petroleum gas licenses; removing an 31
exemption from such requirements; prohibiting dealers 32
from entering into certain agreements; providing an 33
effective date. 34
35
Be It Enacted by the Legislature of the State of Florida: 36
37
Section 1. Subsections (19) and (20) are added to section 38
527.01, Florida Statutes, to read: 39
527.01 Definitions. —As used in this chapter: 40
(19) "Licensed location" means the premises on which 41
category I, category II, category III, category IV, category V, 42
or category VI liquefied petroleum gas operations are performe d. 43
(20) "Remote bulk storage" means the location of liquefied 44
petroleum gas stored for the sole purpose of filling delivery 45
vehicles used in delivery to an end user. 46
Section 2. Paragraph (d) is added to subsection (3) of 47
section 527.02, Florida Statu tes, to read: 48
527.02 License; penalty; fees. — 49
(3) 50
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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
(d) A category I liquefied petroleum gas dealer license 51
may include up to two remote bulk storage locations to meet the 52
minimum bulk storage requirements of s. 527.11. Remote bulk 53
storage locations mus t be located within 75 miles of the 54
licensed location and included in the category I liquefied 55
petroleum gas dealer license application. 56
Section 3. Subsections (3), (4), and (5) of section 57
527.02, Florida Statutes, are renumbered as subsections (4), 58
(5), and (6), respectively, and a new subsection (3) is added to 59
that section to read: 60
527.02 License; penalty; fees. — 61
(3) Each remote bulk storage location of a category I 62
liquefied petroleum gas dealer must comply with the category I 63
liquefied petroleum gas dealer licensing requirements under 64
subsection (2). 65
Section 4. Subsections (2), (4), and (5) of section 66
527.0201, Florida Statutes, are amended to read: 67
527.0201 Qualifiers; master qualifiers; examinations. — 68
(2) Application for examination for competency may be made 69
by an individual or by an owner, a partner, or any person 70
employed by the license applicant. The examination for 71
competency must be completed within 90 days after the 72
application has been accepted by the department. Upon successful 73
completion of the competency examination, the department shall 74
register the examinee. 75
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(a) Qualifier registration automatically expires if the 76
individual terminates active employment in the area of 77
examination for a per iod exceeding 24 months, or fails to 78
provide documentation of continuing education. If the qualifier 79
registration has expired, the individual must apply for and 80
successfully complete an examination by the department in order 81
to reestablish qualifier status . 82
(b) Every business organization in license category I, 83
category II, or category V shall employ at all times a full -time 84
qualifier who has successfully completed an examination in the 85
corresponding category of the license held by the business 86
organization. In order to apply for certification as a category 87
I or category V qualifier, each applicant must have a minimum of 88
1 year of verifiable LP gas experience. A person may not act as 89
a qualifier for more than one licensed or remote bulk storage 90
location. 91
(4) A qualifier for a business must actually function in a 92
position with authority to monitor and enforce safety provisions 93
under this chapter at the licensed location supervisory capacity 94
of other company employees performing licensed activities . A 95
separate qualifier shall be required for every 10 such 96
employees. 97
(5) In addition to all other licensing requirements, each 98
category I and category V licensee must, at the time of 99
application for licensure, identify to the department one master 100
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qualifier who is a full-time employee of the licensee at the 101
licensed location. This person shall be a manager, owner, or 102
otherwise primarily responsible for overseeing the operations of 103
the licensed location and must provide documentation to the 104
department as provided by rule. A person may not act as a master 105
qualifier for more than one licensee. The master qualifier 106
requirement shall be in addition to the requirements of 107
subsection (1). 108
(a) In order to apply for certification as a master 109
qualifier, each applicant mus t have a minimum of 3 years of 110
verifiable LP gas experience or hold a professional 111
certification by an LP gas manufacturer as adopted by department 112
rule immediately preceding submission of the application, must 113
be employed by a licensed category I or categ ory V licensee or 114
an applicant for such license, and must pass a master qualifier 115
competency examination administered by the department or its 116
agent. Master qualifier examinations shall be based on Florida's 117
laws, rules, and adopted codes governing liquefi ed petroleum gas 118
safety, general industry safety standards, and administrative 119
procedures. The applicant must successfully pass the examination 120
with a grade of 70 percent or above. Each applicant for master 121
qualifier registration must submit to the departm ent a 122
nonrefundable $30 examination fee before the examination. 123
(b) Upon successful completion of the master qualifier 124
examination, the department shall issue the examinee a master 125
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qualifier registration. A master qualifier may transfer from one 126
licenseholder to another upon becoming employed by the company 127
and providing a written request to the department. 128
(c) A master qualifier registration expires 3 years after 129
the date of issuance and may be renewed by submission to the 130
department of documentation o f completion of at least 16 hours 131
of approved continuing education courses during the 3 -year 132
period; proof of employment; and a $30 certificate renewal fee. 133
The department shall define by rule approved courses of 134
continuing education. 135
Section 5. Subsection (5) is added to section 527.055, 136
Florida Statutes, to read: 137
527.055 General powers and duties. — 138
(5) The department shall have the powers and authority to 139
condemn unsafe equipment and order the immediate removal of 140
liquefied petroleum gas from stor age that does not comply with 141
this chapter and is deemed a threat to the public health, 142
safety, and welfare. 143
Section 6. Paragraph (b) of subsection (1) of section 144
527.0605, Florida Statutes, is amended to read: 145
527.0605 Liquefied petroleum gas bulk s torage locations; 146
jurisdiction.— 147
(1) The provisions of this chapter apply to liquefied 148
petroleum gas bulk storage locations when: 149
(b) The aggregate container capacity of the bulk storage 150
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location is more than 4,000 gallons or more; or 151
Section 7. Subsections (2) and (3) of section 527.067, 152
Florida Statutes, are renumbered as subsections (3) and (4), 153
respectively, and a new subsection (2) is added to that section 154
to read: 155
527.067 Responsibilities of persons engaged in servicing 156
liquefied petroleum g as equipment and systems and consumers, end 157
users, or owners of liquefied petroleum gas equipment or 158
systems.— 159
(2) All persons engaged in the business of servicing, 160
testing, repairing, maintaining, or installing liquefied 161
petroleum gas equipment and syst ems shall include on all work 162
orders, invoices, or similar documents the name of the person 163
performing the work and the applicable qualifier number. 164
Section 8. Section 527.07, Florida Statutes, is amended to 165
read: 166
527.07 Restriction on use of contain ers.— 167
(1) A person, other than the owner and those authorized by 168
the owner, may not sell, fill, refill, remove gas from, deliver, 169
permit to be delivered, or use in any manner any liquefied 170
petroleum gas container or receptacle for any gas or compound, 171
or for any other purpose. 172
(2) A person, other than those authorized by the end user, 173
may not add gas to or remove gas from any container or 174
receptacle that contains liquefied petroleum gas purchased or 175
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contracted for transfer by, and in the lawful possessi on of, the 176
end user. The department shall adopt rules to provide exceptions 177
for emergencies. 178
Section 9. Subsections (1) and (2) of section 527.11, 179
Florida Statutes, are amended to read: 180
527.11 Minimum storage. — 181
(1) Every person who engages in the d istribution of 182
liquefied petroleum gas for resale to domestic, commercial, or 183
industrial consumers as a prerequisite to obtaining a liquefied 184
petroleum gas license shall install, own, or lease a bulk 185
storage with an aggregate capacity filling plant of not less 186
than 18,000 gallons (water capacity) within the state and shall 187
be located within a 75 -mile radius of the licensed company's 188
business location. The This bulk storage filling plant must have 189
loading and unloading provisions solely for the licenseholder 190
and be operated and maintained in compliance with this chapter 191
for the duration of the license. 192
(2) A dealer in liquefied petroleum gas licensed as of 193
August 31, 2000, who has entered or who enters into a written 194
agreement with a wholesaler that the who lesaler will provide 195
liquefied petroleum gas to the dealer for a period of 12 196
continuous months is exempt from the requirements of subsection 197
(1), if the wholesaler has at least 18,000 gallons (water 198
capacity) of bulk storage within this state permanently 199
connected for storage, which is used as such for each dealer to 200
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whom gas is sold, and if the wholesaler has loading and 201
unloading provisions. Such dealer must provide certification of 202
this agreement on a form provided by the department to the 203
department before her or his license may be issued. The form 204
must be signed by both the wholesaler or his or her agent and 205
the dealer or his or her agent and must be submitted annually 206
with the license renewal application. A dealer who does not 207
provide written proof of minimum storage may have her or his 208
license denied, suspended, or revoked. A dealer or wholesaler 209
may not enter into written agreements that allocate an amount of 210
storage that exceeds the dealer's or wholesaler's total storage 211
capacity minus 18,000 gallon s (water capacity). 212
Section 10. This act shall take effect July 1, 2024. 213