| 19 | | - | requirements; providing requirements for certain 6 |
|---|
| 20 | | - | licenses; amending s. 527.0201, F.S.; requiring 7 |
|---|
| 21 | | - | qualifier examinations to be completed within a 8 |
|---|
| 22 | | - | specified timeframe; providing eligibility criteria 9 |
|---|
| 23 | | - | for certain qualifier certification; prohibiting a 10 |
|---|
| 24 | | - | person from acting as a qualifier for more than one 11 |
|---|
| 25 | | - | location where certain liquefied petroleum gas 12 |
|---|
| 26 | | - | activities are performed; providing requirements for 13 |
|---|
| 27 | | - | qualifiers; prohibiting a person from acting as a 14 |
|---|
| 28 | | - | master qualifier for more than one licensee; providing 15 |
|---|
| 29 | | - | a condition under which the Department of Agriculture 16 |
|---|
| 30 | | - | and Consumer Services may deny, refuse to renew, 17 |
|---|
| 31 | | - | suspend, or revoke a qualifier or master qualifier 18 |
|---|
| 32 | | - | registration; amending s. 527.055, F.S.; authorizing 19 |
|---|
| 33 | | - | the department to condemn unsafe equipment and issue 20 |
|---|
| 34 | | - | certain orders requiring the immediate removal of 21 |
|---|
| 35 | | - | liquefied petroleum gas from certain storage; amending 22 |
|---|
| 36 | | - | s. 527.0605, F.S.; revising the applicability of 23 |
|---|
| 37 | | - | specified provisions for bulk storage locations; 24 |
|---|
| 38 | | - | amending s. 527.067, F.S.; requiring persons 25 |
|---|
| 19 | + | requirements; amending s. 527.0201, F.S.; requiring 6 |
|---|
| 20 | + | qualifier examinations to be completed within a 7 |
|---|
| 21 | + | specified timeframe; providing eligibility criteria 8 |
|---|
| 22 | + | for certain qualifier certification; prohibiting a 9 |
|---|
| 23 | + | person from acting as a qualifier for more than one 10 |
|---|
| 24 | + | remote bulk storage location; requiring qualifiers to 11 |
|---|
| 25 | + | function in a position with specified authority; 12 |
|---|
| 26 | + | prohibiting a person from acting as a master qualifier 13 |
|---|
| 27 | + | for more than one licensee; amending s. 527.055, F.S.; 14 |
|---|
| 28 | + | authorizing the Department of Agriculture and Consumer 15 |
|---|
| 29 | + | Services to condemn unsafe equipment and order the 16 |
|---|
| 30 | + | immediate removal of liquefied petroleum gas from 17 |
|---|
| 31 | + | certain bulk storage; amending s. 527.0605, F.S.; 18 |
|---|
| 32 | + | revising the applicability of specified provisions for 19 |
|---|
| 33 | + | bulk storage locations; amending s. 527.067, F.S.; 20 |
|---|
| 34 | + | requiring persons servicing, testing, re pairing, 21 |
|---|
| 35 | + | maintaining, or installing liquefied petroleum gas 22 |
|---|
| 36 | + | equipment and systems to include specified information 23 |
|---|
| 37 | + | on all work orders, invoices, and similar documents; 24 |
|---|
| 38 | + | amending s. 527.07, F.S.; prohibiting unauthorized 25 |
|---|
| 51 | | - | servicing, testing, repairing, maintaining, or 26 |
|---|
| 52 | | - | installing liquefied petroleum gas equipment and 27 |
|---|
| 53 | | - | systems to include specified information on all work 28 |
|---|
| 54 | | - | orders, invoices, and similar documents; amending s. 29 |
|---|
| 55 | | - | 527.07, F.S.; prohibiting unauthorized persons from 30 |
|---|
| 56 | | - | adding liquefied petroleum gas to or removing 31 |
|---|
| 57 | | - | liquefied petroleum gas from certain containers and 32 |
|---|
| 58 | | - | receptacles; requiring the department to adopt 33 |
|---|
| 59 | | - | specified rules; amending s. 527.11, F.S.; revising 34 |
|---|
| 60 | | - | minimum bulk storage req uirements for liquefied 35 |
|---|
| 61 | | - | petroleum gas licenses; removing an exemption from 36 |
|---|
| 62 | | - | such requirements; prohibiting dealers from entering 37 |
|---|
| 63 | | - | into certain agreements; providing an effective date. 38 |
|---|
| 64 | | - | 39 |
|---|
| 65 | | - | Be It Enacted by the Legislature of the State of Florida: 40 |
|---|
| 66 | | - | 41 |
|---|
| 67 | | - | Section 1. Subsections (19) and (20) are added to section 42 |
|---|
| 68 | | - | 527.01, Florida Statutes, to read: 43 |
|---|
| 69 | | - | 527.01 Definitions. —As used in this chapter: 44 |
|---|
| 70 | | - | (19) "Licensed location" means the premises on which 45 |
|---|
| 71 | | - | category I, category II, category III, category IV, category V, 46 |
|---|
| 72 | | - | or category VI liquefied petroleum gas operations are performed, 47 |
|---|
| 73 | | - | excluding remote bulk storage. 48 |
|---|
| 74 | | - | (20) "Remote bulk storage" means the location of liquefied 49 |
|---|
| 75 | | - | petroleum gas stored for the sole purpose of filling delivery 50 |
|---|
| 51 | + | persons from adding liquified petrole um gas to or 26 |
|---|
| 52 | + | removing liquified petroleum gas from certain 27 |
|---|
| 53 | + | containers and receptacles; requiring the department 28 |
|---|
| 54 | + | to adopt specified rules; amending s. 527.11, F.S.; 29 |
|---|
| 55 | + | revising minimum bulk storage requirements for 30 |
|---|
| 56 | + | liquefied petroleum gas licenses; removing an 31 |
|---|
| 57 | + | exemption from such requirements; prohibiting dealers 32 |
|---|
| 58 | + | from entering into certain agreements; providing an 33 |
|---|
| 59 | + | effective date. 34 |
|---|
| 60 | + | 35 |
|---|
| 61 | + | Be It Enacted by the Legislature of the State of Florida: 36 |
|---|
| 62 | + | 37 |
|---|
| 63 | + | Section 1. Subsections (19) and (20) are added to section 38 |
|---|
| 64 | + | 527.01, Florida Statutes, to read: 39 |
|---|
| 65 | + | 527.01 Definitions. —As used in this chapter: 40 |
|---|
| 66 | + | (19) "Licensed location" means the premises on which 41 |
|---|
| 67 | + | category I, category II, category III, category IV, category V, 42 |
|---|
| 68 | + | or category VI liquefied petroleum gas operations are performe d. 43 |
|---|
| 69 | + | (20) "Remote bulk storage" means the location of liquefied 44 |
|---|
| 70 | + | petroleum gas stored for the sole purpose of filling delivery 45 |
|---|
| 71 | + | vehicles used in delivery to an end user. 46 |
|---|
| 72 | + | Section 2. Paragraph (d) is added to subsection (3) of 47 |
|---|
| 73 | + | section 527.02, Florida Statu tes, to read: 48 |
|---|
| 74 | + | 527.02 License; penalty; fees. — 49 |
|---|
| 75 | + | (3) 50 |
|---|
| 88 | | - | vehicles used in delivery to an end user . 51 |
|---|
| 89 | | - | Section 2. Subsections (3), (4), and (5) of section 52 |
|---|
| 90 | | - | 527.02, Florida Statutes, are renumbered as subsections (4), 53 |
|---|
| 91 | | - | (5), and (6), respectively, paragraph (d) is added to present 54 |
|---|
| 92 | | - | subsection (3), and a new subsection (3) is added to that 55 |
|---|
| 93 | | - | section, to read: 56 |
|---|
| 94 | | - | 527.02 License; penalty; fees. — 57 |
|---|
| 95 | | - | (3) Each remote bulk storage location of a category I 58 |
|---|
| 96 | | - | liquefied petroleum gas dealer must comply with the category I 59 |
|---|
| 97 | | - | liquefied petroleum gas dealer licensing requirements under 60 |
|---|
| 98 | | - | subsection (2). 61 |
|---|
| 99 | | - | (4)(3) 62 |
|---|
| 100 | | - | (d) A category I liquefied petroleum gas dealer license 63 |
|---|
| 101 | | - | shall include one licensed location and may include up to two 64 |
|---|
| 102 | | - | remote bulk storage locations. Remote bulk storage locations 65 |
|---|
| 103 | | - | must be located within a 75 -mile radius of the licensed location 66 |
|---|
| 104 | | - | and included in the category I liquefied petroleum gas dealer 67 |
|---|
| 105 | | - | license application. 68 |
|---|
| 106 | | - | Section 3. Subsections (2), (4), (5), and (7) of section 69 |
|---|
| 107 | | - | 527.0201, Florida Statutes, are amended to read: 70 |
|---|
| 108 | | - | 527.0201 Qualifiers; master qualifiers; examinations. — 71 |
|---|
| 109 | | - | (2) Application for examination for competency may be made 72 |
|---|
| 110 | | - | by an individual or by an owner, a partner, or any person 73 |
|---|
| 111 | | - | employed by the license applicant. The examination for 74 |
|---|
| 112 | | - | competency must be completed within 90 days after the 75 |
|---|
| 88 | + | (d) A category I liquefied petroleum gas dealer license 51 |
|---|
| 89 | + | may include up to two remote bulk storage locations to meet the 52 |
|---|
| 90 | + | minimum bulk storage requirements of s. 527.11. Remote bulk 53 |
|---|
| 91 | + | storage locations mus t be located within 75 miles of the 54 |
|---|
| 92 | + | licensed location and included in the category I liquefied 55 |
|---|
| 93 | + | petroleum gas dealer license application. 56 |
|---|
| 94 | + | Section 3. Subsections (3), (4), and (5) of section 57 |
|---|
| 95 | + | 527.02, Florida Statutes, are renumbered as subsections (4), 58 |
|---|
| 96 | + | (5), and (6), respectively, and a new subsection (3) is added to 59 |
|---|
| 97 | + | that section to read: 60 |
|---|
| 98 | + | 527.02 License; penalty; fees. — 61 |
|---|
| 99 | + | (3) Each remote bulk storage location of a category I 62 |
|---|
| 100 | + | liquefied petroleum gas dealer must comply with the category I 63 |
|---|
| 101 | + | liquefied petroleum gas dealer licensing requirements under 64 |
|---|
| 102 | + | subsection (2). 65 |
|---|
| 103 | + | Section 4. Subsections (2), (4), and (5) of section 66 |
|---|
| 104 | + | 527.0201, Florida Statutes, are amended to read: 67 |
|---|
| 105 | + | 527.0201 Qualifiers; master qualifiers; examinations. — 68 |
|---|
| 106 | + | (2) Application for examination for competency may be made 69 |
|---|
| 107 | + | by an individual or by an owner, a partner, or any person 70 |
|---|
| 108 | + | employed by the license applicant. The examination for 71 |
|---|
| 109 | + | competency must be completed within 90 days after the 72 |
|---|
| 110 | + | application has been accepted by the department. Upon successful 73 |
|---|
| 111 | + | completion of the competency examination, the department shall 74 |
|---|
| 112 | + | register the examinee. 75 |
|---|
| 125 | | - | application has been accepted by the department. Upon successful 76 |
|---|
| 126 | | - | completion of the competency examination, the department shall 77 |
|---|
| 127 | | - | register the examinee. 78 |
|---|
| 128 | | - | (a) Qualifier registration automatically expires if the 79 |
|---|
| 129 | | - | individual terminates active employment in the area of 80 |
|---|
| 130 | | - | examination for a period exceeding 24 months, or fails to 81 |
|---|
| 131 | | - | provide documentation of continuing education. If the qualifier 82 |
|---|
| 132 | | - | registration has expired, the individual must apply for and 83 |
|---|
| 133 | | - | successfully complete an examination by the department in order 84 |
|---|
| 134 | | - | to reestablish qualifier status. 85 |
|---|
| 135 | | - | (b) Every business organization in license category I, 86 |
|---|
| 136 | | - | category II, or category V shall employ at all times a full -time 87 |
|---|
| 137 | | - | qualifier who has successfully completed an examination in the 88 |
|---|
| 138 | | - | corresponding category of the license held by the business 89 |
|---|
| 139 | | - | organization. In order to apply for certification as a category 90 |
|---|
| 140 | | - | I or category V qualifier, each applicant must have a minimum of 91 |
|---|
| 141 | | - | 1 year of verifiable LP gas experience. A person may not act as 92 |
|---|
| 142 | | - | a qualifier for more than one licensed location where liquefied 93 |
|---|
| 143 | | - | petroleum gas activities described in s. 527.01(6), (7), or (10) 94 |
|---|
| 144 | | - | are performed. 95 |
|---|
| 145 | | - | (4) A qualifier for a business must actually function in a 96 |
|---|
| 146 | | - | position with authority to monitor and enforce safety provisions 97 |
|---|
| 147 | | - | under this chapter at the licensed location supervisory capacity 98 |
|---|
| 148 | | - | of other company employees performing licensed activities . A 99 |
|---|
| 149 | | - | separate qualifier shall be required for every 10 such employees 100 |
|---|
| 125 | + | (a) Qualifier registration automatically expires if the 76 |
|---|
| 126 | + | individual terminates active employment in the area of 77 |
|---|
| 127 | + | examination for a per iod exceeding 24 months, or fails to 78 |
|---|
| 128 | + | provide documentation of continuing education. If the qualifier 79 |
|---|
| 129 | + | registration has expired, the individual must apply for and 80 |
|---|
| 130 | + | successfully complete an examination by the department in order 81 |
|---|
| 131 | + | to reestablish qualifier status . 82 |
|---|
| 132 | + | (b) Every business organization in license category I, 83 |
|---|
| 133 | + | category II, or category V shall employ at all times a full -time 84 |
|---|
| 134 | + | qualifier who has successfully completed an examination in the 85 |
|---|
| 135 | + | corresponding category of the license held by the business 86 |
|---|
| 136 | + | organization. In order to apply for certification as a category 87 |
|---|
| 137 | + | I or category V qualifier, each applicant must have a minimum of 88 |
|---|
| 138 | + | 1 year of verifiable LP gas experience. A person may not act as 89 |
|---|
| 139 | + | a qualifier for more than one licensed or remote bulk storage 90 |
|---|
| 140 | + | location. 91 |
|---|
| 141 | + | (4) A qualifier for a business must actually function in a 92 |
|---|
| 142 | + | position with authority to monitor and enforce safety provisions 93 |
|---|
| 143 | + | under this chapter at the licensed location supervisory capacity 94 |
|---|
| 144 | + | of other company employees performing licensed activities . A 95 |
|---|
| 145 | + | separate qualifier shall be required for every 10 such 96 |
|---|
| 146 | + | employees. 97 |
|---|
| 147 | + | (5) In addition to all other licensing requirements, each 98 |
|---|
| 148 | + | category I and category V licensee must, at the time of 99 |
|---|
| 149 | + | application for licensure, identify to the department one master 100 |
|---|
| 162 | | - | performing liquefied petroleum gas activities . 101 |
|---|
| 163 | | - | (5) In addition to all other licensing requirements, each 102 |
|---|
| 164 | | - | category I and categ ory V licensee must, at the time of 103 |
|---|
| 165 | | - | application for licensure, identify to the department one master 104 |
|---|
| 166 | | - | qualifier who is a full -time employee of the licensee at the 105 |
|---|
| 167 | | - | licensed location. This person shall be a manager, owner, or 106 |
|---|
| 168 | | - | otherwise primarily responsible f or overseeing the operations of 107 |
|---|
| 169 | | - | the licensed location and must provide documentation to the 108 |
|---|
| 170 | | - | department as provided by rule. A person may not act as a master 109 |
|---|
| 171 | | - | qualifier for more than one license. The master qualifier 110 |
|---|
| 172 | | - | requirement shall be in addition to the r equirements of 111 |
|---|
| 173 | | - | subsection (1). 112 |
|---|
| 174 | | - | (a) In order to apply for certification as a master 113 |
|---|
| 175 | | - | qualifier, each applicant must have a minimum of 3 years of 114 |
|---|
| 176 | | - | verifiable LP gas experience or hold a professional 115 |
|---|
| 177 | | - | certification by an LP gas manufacturer as adopted by depar tment 116 |
|---|
| 178 | | - | rule immediately preceding submission of the application, must 117 |
|---|
| 179 | | - | be employed by a licensed category I or category V licensee or 118 |
|---|
| 180 | | - | an applicant for such license, and must pass a master qualifier 119 |
|---|
| 181 | | - | competency examination administered by the department or its 120 |
|---|
| 182 | | - | agent. Master qualifier examinations shall be based on Florida's 121 |
|---|
| 183 | | - | laws, rules, and adopted codes governing liquefied petroleum gas 122 |
|---|
| 184 | | - | safety, general industry safety standards, and administrative 123 |
|---|
| 185 | | - | procedures. The applicant must successfully pass the examinatio n 124 |
|---|
| 186 | | - | with a grade of 70 percent or above. Each applicant for master 125 |
|---|
| 162 | + | qualifier who is a full-time employee of the licensee at the 101 |
|---|
| 163 | + | licensed location. This person shall be a manager, owner, or 102 |
|---|
| 164 | + | otherwise primarily responsible for overseeing the operations of 103 |
|---|
| 165 | + | the licensed location and must provide documentation to the 104 |
|---|
| 166 | + | department as provided by rule. A person may not act as a master 105 |
|---|
| 167 | + | qualifier for more than one licensee. The master qualifier 106 |
|---|
| 168 | + | requirement shall be in addition to the requirements of 107 |
|---|
| 169 | + | subsection (1). 108 |
|---|
| 170 | + | (a) In order to apply for certification as a master 109 |
|---|
| 171 | + | qualifier, each applicant mus t have a minimum of 3 years of 110 |
|---|
| 172 | + | verifiable LP gas experience or hold a professional 111 |
|---|
| 173 | + | certification by an LP gas manufacturer as adopted by department 112 |
|---|
| 174 | + | rule immediately preceding submission of the application, must 113 |
|---|
| 175 | + | be employed by a licensed category I or categ ory V licensee or 114 |
|---|
| 176 | + | an applicant for such license, and must pass a master qualifier 115 |
|---|
| 177 | + | competency examination administered by the department or its 116 |
|---|
| 178 | + | agent. Master qualifier examinations shall be based on Florida's 117 |
|---|
| 179 | + | laws, rules, and adopted codes governing liquefi ed petroleum gas 118 |
|---|
| 180 | + | safety, general industry safety standards, and administrative 119 |
|---|
| 181 | + | procedures. The applicant must successfully pass the examination 120 |
|---|
| 182 | + | with a grade of 70 percent or above. Each applicant for master 121 |
|---|
| 183 | + | qualifier registration must submit to the departm ent a 122 |
|---|
| 184 | + | nonrefundable $30 examination fee before the examination. 123 |
|---|
| 185 | + | (b) Upon successful completion of the master qualifier 124 |
|---|
| 186 | + | examination, the department shall issue the examinee a master 125 |
|---|
| 199 | | - | qualifier registration must submit to the department a 126 |
|---|
| 200 | | - | nonrefundable $30 examination fee before the examination. 127 |
|---|
| 201 | | - | (b) Upon successful completion of the master qualifier 128 |
|---|
| 202 | | - | examination, the depa rtment shall issue the examinee a master 129 |
|---|
| 203 | | - | qualifier registration. A master qualifier may transfer from one 130 |
|---|
| 204 | | - | licenseholder to another upon becoming employed by the company 131 |
|---|
| 205 | | - | and providing a written request to the department. 132 |
|---|
| 206 | | - | (c) A master qualifier registratio n expires 3 years after 133 |
|---|
| 207 | | - | the date of issuance and may be renewed by submission to the 134 |
|---|
| 208 | | - | department of documentation of completion of at least 16 hours 135 |
|---|
| 209 | | - | of approved continuing education courses during the 3 -year 136 |
|---|
| 210 | | - | period; proof of employment; and a $30 certificat e renewal fee. 137 |
|---|
| 211 | | - | The department shall define by rule approved courses of 138 |
|---|
| 212 | | - | continuing education. 139 |
|---|
| 213 | | - | (7) The department may deny, refuse to renew, suspend, or 140 |
|---|
| 214 | | - | revoke any qualifier or master qualifier registration for any of 141 |
|---|
| 215 | | - | the following causes: 142 |
|---|
| 216 | | - | (a) Violation of any provision of this chapter or any rule 143 |
|---|
| 217 | | - | or order of the department; 144 |
|---|
| 218 | | - | (b) Falsification of records relating to the qualifier or 145 |
|---|
| 219 | | - | master qualifier registration; or 146 |
|---|
| 220 | | - | (c) Failure to meet any of the renewal requirements ; or 147 |
|---|
| 221 | | - | (d) Demonstration of a lack o f trustworthiness to engage 148 |
|---|
| 222 | | - | in activities requiring a qualifier identification card as 149 |
|---|
| 223 | | - | defined by department rule pursuant to s. 527.02(5) . 150 |
|---|
| 199 | + | qualifier registration. A master qualifier may transfer from one 126 |
|---|
| 200 | + | licenseholder to another upon becoming employed by the company 127 |
|---|
| 201 | + | and providing a written request to the department. 128 |
|---|
| 202 | + | (c) A master qualifier registration expires 3 years after 129 |
|---|
| 203 | + | the date of issuance and may be renewed by submission to the 130 |
|---|
| 204 | + | department of documentation o f completion of at least 16 hours 131 |
|---|
| 205 | + | of approved continuing education courses during the 3 -year 132 |
|---|
| 206 | + | period; proof of employment; and a $30 certificate renewal fee. 133 |
|---|
| 207 | + | The department shall define by rule approved courses of 134 |
|---|
| 208 | + | continuing education. 135 |
|---|
| 209 | + | Section 5. Subsection (5) is added to section 527.055, 136 |
|---|
| 210 | + | Florida Statutes, to read: 137 |
|---|
| 211 | + | 527.055 General powers and duties. — 138 |
|---|
| 212 | + | (5) The department shall have the powers and authority to 139 |
|---|
| 213 | + | condemn unsafe equipment and order the immediate removal of 140 |
|---|
| 214 | + | liquefied petroleum gas from stor age that does not comply with 141 |
|---|
| 215 | + | this chapter and is deemed a threat to the public health, 142 |
|---|
| 216 | + | safety, and welfare. 143 |
|---|
| 217 | + | Section 6. Paragraph (b) of subsection (1) of section 144 |
|---|
| 218 | + | 527.0605, Florida Statutes, is amended to read: 145 |
|---|
| 219 | + | 527.0605 Liquefied petroleum gas bulk s torage locations; 146 |
|---|
| 220 | + | jurisdiction.— 147 |
|---|
| 221 | + | (1) The provisions of this chapter apply to liquefied 148 |
|---|
| 222 | + | petroleum gas bulk storage locations when: 149 |
|---|
| 223 | + | (b) The aggregate container capacity of the bulk storage 150 |
|---|
| 236 | | - | Section 4. Subsection (5) is added to section 527.055, 151 |
|---|
| 237 | | - | Florida Statutes, to read: 152 |
|---|
| 238 | | - | 527.055 General powers and d uties.— 153 |
|---|
| 239 | | - | (5) The department shall have the powers and authority to 154 |
|---|
| 240 | | - | condemn unsafe equipment and issue an immediate final order 155 |
|---|
| 241 | | - | requiring the immediate removal of liquefied petroleum gas from 156 |
|---|
| 242 | | - | storage that does not comply with this chapter and is deemed a 157 |
|---|
| 243 | | - | threat to the public health, safety, and welfare. 158 |
|---|
| 244 | | - | Section 5. Paragraph (b) of subsection (1) of section 159 |
|---|
| 245 | | - | 527.0605, Florida Statutes, is amended to read: 160 |
|---|
| 246 | | - | 527.0605 Liquefied petroleum gas bulk storage locations; 161 |
|---|
| 247 | | - | jurisdiction.— 162 |
|---|
| 248 | | - | (1) The provisions of thi s chapter apply to liquefied 163 |
|---|
| 249 | | - | petroleum gas bulk storage locations when: 164 |
|---|
| 250 | | - | (b) The aggregate container capacity of the bulk storage 165 |
|---|
| 251 | | - | location is more than 4,000 gallons or more; or 166 |
|---|
| 252 | | - | Section 6. Subsections (2) and (3) of section 527.067, 167 |
|---|
| 253 | | - | Florida Statutes, are renumbered as subsections (3) and (4), 168 |
|---|
| 254 | | - | respectively, and a new subsection (2) is added to that section 169 |
|---|
| 255 | | - | to read: 170 |
|---|
| 256 | | - | 527.067 Responsibilities of persons engaged in servicing 171 |
|---|
| 257 | | - | liquefied petroleum gas equipment and systems and consumers, end 172 |
|---|
| 258 | | - | users, or owners of liquefied petroleum gas equipment or 173 |
|---|
| 259 | | - | systems.— 174 |
|---|
| 260 | | - | (2) All persons engaged in the business of servicing, 175 |
|---|
| 236 | + | location is more than 4,000 gallons or more; or 151 |
|---|
| 237 | + | Section 7. Subsections (2) and (3) of section 527.067, 152 |
|---|
| 238 | + | Florida Statutes, are renumbered as subsections (3) and (4), 153 |
|---|
| 239 | + | respectively, and a new subsection (2) is added to that section 154 |
|---|
| 240 | + | to read: 155 |
|---|
| 241 | + | 527.067 Responsibilities of persons engaged in servicing 156 |
|---|
| 242 | + | liquefied petroleum g as equipment and systems and consumers, end 157 |
|---|
| 243 | + | users, or owners of liquefied petroleum gas equipment or 158 |
|---|
| 244 | + | systems.— 159 |
|---|
| 245 | + | (2) All persons engaged in the business of servicing, 160 |
|---|
| 246 | + | testing, repairing, maintaining, or installing liquefied 161 |
|---|
| 247 | + | petroleum gas equipment and syst ems shall include on all work 162 |
|---|
| 248 | + | orders, invoices, or similar documents the name of the person 163 |
|---|
| 249 | + | performing the work and the applicable qualifier number. 164 |
|---|
| 250 | + | Section 8. Section 527.07, Florida Statutes, is amended to 165 |
|---|
| 251 | + | read: 166 |
|---|
| 252 | + | 527.07 Restriction on use of contain ers.— 167 |
|---|
| 253 | + | (1) A person, other than the owner and those authorized by 168 |
|---|
| 254 | + | the owner, may not sell, fill, refill, remove gas from, deliver, 169 |
|---|
| 255 | + | permit to be delivered, or use in any manner any liquefied 170 |
|---|
| 256 | + | petroleum gas container or receptacle for any gas or compound, 171 |
|---|
| 257 | + | or for any other purpose. 172 |
|---|
| 258 | + | (2) A person, other than those authorized by the end user, 173 |
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| 259 | + | may not add gas to or remove gas from any container or 174 |
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| 260 | + | receptacle that contains liquefied petroleum gas purchased or 175 |
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| 273 | | - | testing, repairing, maintaining, or installing liquefied 176 |
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| 274 | | - | petroleum gas equipment and systems shall include on all work 177 |
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| 275 | | - | orders, invoices, or similar d ocuments the name of the person 178 |
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| 276 | | - | performing the work and the applicable qualifier number. 179 |
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| 277 | | - | Section 7. Section 527.07, Florida Statutes, is amended to 180 |
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| 278 | | - | read: 181 |
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| 279 | | - | 527.07 Restriction on use of containers. — 182 |
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| 280 | | - | (1) A person, other than the owner and those authori zed by 183 |
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| 281 | | - | the owner, may not sell, fill, refill, remove gas from, deliver, 184 |
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| 282 | | - | permit to be delivered, or use in any manner any liquefied 185 |
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| 283 | | - | petroleum gas container or receptacle for any gas or compound, 186 |
|---|
| 284 | | - | or for any other purpose. 187 |
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| 285 | | - | (2) A person, other than those aut horized by the end user, 188 |
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| 286 | | - | may not add gas to or remove gas from any container or 189 |
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| 287 | | - | receptacle that contains liquefied petroleum gas purchased or 190 |
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| 288 | | - | contracted for transfer by, and in the lawful possession of, the 191 |
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| 289 | | - | end user. The department shall adopt rules to pro vide exceptions 192 |
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| 290 | | - | for emergencies. 193 |
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| 291 | | - | Section 8. Subsections (1) and (2) of section 527.11, 194 |
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| 292 | | - | Florida Statutes, are amended to read: 195 |
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| 293 | | - | 527.11 Minimum storage. — 196 |
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| 294 | | - | (1) Every person who engages in the distribution of 197 |
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| 295 | | - | liquefied petroleum gas for resale to domesti c, commercial, or 198 |
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| 296 | | - | industrial consumers as a prerequisite to obtaining a liquefied 199 |
|---|
| 297 | | - | petroleum gas license shall install, own, or lease a bulk 200 |
|---|
| 273 | + | contracted for transfer by, and in the lawful possessi on of, the 176 |
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| 274 | + | end user. The department shall adopt rules to provide exceptions 177 |
|---|
| 275 | + | for emergencies. 178 |
|---|
| 276 | + | Section 9. Subsections (1) and (2) of section 527.11, 179 |
|---|
| 277 | + | Florida Statutes, are amended to read: 180 |
|---|
| 278 | + | 527.11 Minimum storage. — 181 |
|---|
| 279 | + | (1) Every person who engages in the d istribution of 182 |
|---|
| 280 | + | liquefied petroleum gas for resale to domestic, commercial, or 183 |
|---|
| 281 | + | industrial consumers as a prerequisite to obtaining a liquefied 184 |
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| 282 | + | petroleum gas license shall install, own, or lease a bulk 185 |
|---|
| 283 | + | storage with an aggregate capacity filling plant of not less 186 |
|---|
| 284 | + | than 18,000 gallons (water capacity) within the state and shall 187 |
|---|
| 285 | + | be located within a 75 -mile radius of the licensed company's 188 |
|---|
| 286 | + | business location. The This bulk storage filling plant must have 189 |
|---|
| 287 | + | loading and unloading provisions solely for the licenseholder 190 |
|---|
| 288 | + | and be operated and maintained in compliance with this chapter 191 |
|---|
| 289 | + | for the duration of the license. 192 |
|---|
| 290 | + | (2) A dealer in liquefied petroleum gas licensed as of 193 |
|---|
| 291 | + | August 31, 2000, who has entered or who enters into a written 194 |
|---|
| 292 | + | agreement with a wholesaler that the who lesaler will provide 195 |
|---|
| 293 | + | liquefied petroleum gas to the dealer for a period of 12 196 |
|---|
| 294 | + | continuous months is exempt from the requirements of subsection 197 |
|---|
| 295 | + | (1), if the wholesaler has at least 18,000 gallons (water 198 |
|---|
| 296 | + | capacity) of bulk storage within this state permanently 199 |
|---|
| 297 | + | connected for storage, which is used as such for each dealer to 200 |
|---|
| 310 | | - | storage with an aggregate capacity filling plant of not less 201 |
|---|
| 311 | | - | than 18,000 gallons (water capacity) within the state and shall 202 |
|---|
| 312 | | - | be located within a 75 -mile radius of the licensed company's 203 |
|---|
| 313 | | - | business location. The This bulk storage filling plant must have 204 |
|---|
| 314 | | - | loading and unloading provisions solely for the licenseholder 205 |
|---|
| 315 | | - | and be operated and maintained in compliance with this chapter 206 |
|---|
| 316 | | - | for the duration of the license. 207 |
|---|
| 317 | | - | (2) A dealer in liquefied petroleum gas licensed as of 208 |
|---|
| 318 | | - | August 31, 2000, who has entered or who enters into a written 209 |
|---|
| 319 | | - | agreement with a wholesaler that the whol esaler will provide 210 |
|---|
| 320 | | - | liquefied petroleum gas to the dealer for a period of 12 211 |
|---|
| 321 | | - | continuous months is exempt from the requirements of subsection 212 |
|---|
| 322 | | - | (1), if the wholesaler has at least 18,000 gallons (water 213 |
|---|
| 323 | | - | capacity) of bulk storage within this state permanently 214 |
|---|
| 324 | | - | connected for storage, which is used as such for each dealer to 215 |
|---|
| 325 | | - | whom gas is sold, and if the wholesaler has loading and 216 |
|---|
| 326 | | - | unloading provisions. Such dealer must provide certification of 217 |
|---|
| 327 | | - | this agreement on a form provided by the department to the 218 |
|---|
| 328 | | - | department before her or his license may be issued. The form 219 |
|---|
| 329 | | - | must be signed by both the wholesaler or his or her agent and 220 |
|---|
| 330 | | - | the dealer or his or her agent and must be submitted annually 221 |
|---|
| 331 | | - | with the license renewal application. A dealer who does not 222 |
|---|
| 332 | | - | provide written proof of minimum storage may have her or his 223 |
|---|
| 333 | | - | license denied, suspended, or revoked. A dealer or wholesaler 224 |
|---|
| 334 | | - | may not enter into written agreements that allocate an amount of 225 |
|---|
| 335 | | - | |
|---|
| 336 | | - | CS/HB 815 2024 |
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| 337 | | - | |
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| 338 | | - | |
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| 339 | | - | |
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| 340 | | - | CODING: Words stricken are deletions; words underlined are additions. |
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| 341 | | - | hb0815-01-c1 |
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| 342 | | - | Page 10 of 10 |
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| 343 | | - | 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 |
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| 344 | | - | |
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| 345 | | - | |
|---|
| 346 | | - | |
|---|
| 347 | | - | storage that exceeds the dealer's or wholesaler's total storage 226 |
|---|
| 348 | | - | capacity minus 18,000 gallons (water capacity). 227 |
|---|
| 349 | | - | Section 9. This act shall take effect July 1, 2024. 228 |
|---|
| 310 | + | whom gas is sold, and if the wholesaler has loading and 201 |
|---|
| 311 | + | unloading provisions. Such dealer must provide certification of 202 |
|---|
| 312 | + | this agreement on a form provided by the department to the 203 |
|---|
| 313 | + | department before her or his license may be issued. The form 204 |
|---|
| 314 | + | must be signed by both the wholesaler or his or her agent and 205 |
|---|
| 315 | + | the dealer or his or her agent and must be submitted annually 206 |
|---|
| 316 | + | with the license renewal application. A dealer who does not 207 |
|---|
| 317 | + | provide written proof of minimum storage may have her or his 208 |
|---|
| 318 | + | license denied, suspended, or revoked. A dealer or wholesaler 209 |
|---|
| 319 | + | may not enter into written agreements that allocate an amount of 210 |
|---|
| 320 | + | storage that exceeds the dealer's or wholesaler's total storage 211 |
|---|
| 321 | + | capacity minus 18,000 gallon s (water capacity). 212 |
|---|
| 322 | + | Section 10. This act shall take effect July 1, 2024. 213 |
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