Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 998
       
       
       
       
       
       
                                Ì670796VÎ670796                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                
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       The Committee on Fiscal Policy (Collins) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (19) and (20) are added to section
    6  527.01, Florida Statutes, to read:
    7         527.01 Definitions.—As used in this chapter:
    8         (19)“Licensed location” means the premises on which
    9  category I, category II, category III, category IV, category V,
   10  or category VI liquefied petroleum gas operations are performed,
   11  excluding remote bulk storage.
   12         (20)“Remote bulk storage” means the location of liquefied
   13  petroleum gas stored for the sole purpose of filling delivery
   14  vehicles used in delivery to an end user.
   15         Section 2. Present subsections (3), (4), and (5) of section
   16  527.02, Florida Statutes, are redesignated as subsections (4),
   17  (5), and (6), respectively, a new subsection (3) is added to
   18  that section, and paragraph (d) is added to present subsection
   19  (3) of that section, to read:
   20         527.02 License; penalty; fees.—
   21         (3)Each remote bulk storage location of a category I
   22  liquefied petroleum gas dealer must comply with the category I
   23  liquefied petroleum gas dealer licensing requirements under
   24  subsection (2).
   25         (4)(3)
   26         (d)A category I liquefied petroleum gas dealer license
   27  shall include one licensed location and may include up to two
   28  remote bulk storage locations. Remote bulk storage locations
   29  must be located within a 75-mile radius of the licensed location
   30  and included in the category I liquefied petroleum gas dealer
   31  license application.
   32         Section 3. Subsections (2), (4), (5), and (7) of section
   33  527.0201, Florida Statutes, are amended to read:
   34         527.0201 Qualifiers; master qualifiers; examinations.—
   35         (2) Application for examination for competency may be made
   36  by an individual or by an owner, a partner, or any person
   37  employed by the license applicant. The examination for
   38  competency must be completed within 90 days after the
   39  application has been accepted by the department. Upon successful
   40  completion of the competency examination, the department shall
   41  register the examinee.
   42         (a) Qualifier registration automatically expires if the
   43  individual terminates active employment in the area of
   44  examination for a period exceeding 24 months, or fails to
   45  provide documentation of continuing education. If the qualifier
   46  registration has expired, the individual must apply for and
   47  successfully complete an examination by the department in order
   48  to reestablish qualifier status.
   49         (b) Every business organization in license category I,
   50  category II, or category V shall employ at all times a full-time
   51  qualifier who has successfully completed an examination in the
   52  corresponding category of the license held by the business
   53  organization. In order to apply for certification as a category
   54  I or category V qualifier, each applicant must have a minimum of
   55  1 year of verifiable LP gas experience. A person may not act as
   56  a qualifier for more than one licensed location where liquefied
   57  petroleum gas activities described in s. 527.01(6), (7), or (10)
   58  are performed.
   59         (4) A qualifier for a business must actually function in a
   60  position with authority to monitor and enforce safety provisions
   61  under this chapter at the licensed location supervisory capacity
   62  of other company employees performing licensed activities. A
   63  separate qualifier shall be required for every 10 such employees
   64  performing liquefied petroleum gas activities.
   65         (5) In addition to all other licensing requirements, each
   66  category I and category V licensee must, at the time of
   67  application for licensure, identify to the department one master
   68  qualifier who is a full-time employee of the licensee at the
   69  licensed location. This person shall be a manager, owner, or
   70  otherwise primarily responsible for overseeing the operations of
   71  the licensed location and must provide documentation to the
   72  department as provided by rule. A person may not act as a master
   73  qualifier for more than one license. The master qualifier
   74  requirement shall be in addition to the requirements of
   75  subsection (1).
   76         (a) In order to apply for certification as a master
   77  qualifier, each applicant must have a minimum of 3 years of
   78  verifiable LP gas experience or hold a professional
   79  certification by an LP gas manufacturer as adopted by department
   80  rule immediately preceding submission of the application, must
   81  be employed by a licensed category I or category V licensee or
   82  an applicant for such license, and must pass a master qualifier
   83  competency examination administered by the department or its
   84  agent. Master qualifier examinations shall be based on Florida’s
   85  laws, rules, and adopted codes governing liquefied petroleum gas
   86  safety, general industry safety standards, and administrative
   87  procedures. The applicant must successfully pass the examination
   88  with a grade of 70 percent or above. Each applicant for master
   89  qualifier registration must submit to the department a
   90  nonrefundable $30 examination fee before the examination.
   91         (b) Upon successful completion of the master qualifier
   92  examination, the department shall issue the examinee a master
   93  qualifier registration. A master qualifier may transfer from one
   94  licenseholder to another upon becoming employed by the company
   95  and providing a written request to the department.
   96         (c) A master qualifier registration expires 3 years after
   97  the date of issuance and may be renewed by submission to the
   98  department of documentation of completion of at least 16 hours
   99  of approved continuing education courses during the 3-year
  100  period; proof of employment; and a $30 certificate renewal fee.
  101  The department shall define by rule approved courses of
  102  continuing education.
  103         (7) The department may deny, refuse to renew, suspend, or
  104  revoke any qualifier or master qualifier registration for any of
  105  the following causes:
  106         (a) Violation of any provision of this chapter or any rule
  107  or order of the department;
  108         (b) Falsification of records relating to the qualifier or
  109  master qualifier registration; or
  110         (c) Failure to meet any of the renewal requirements; or
  111         (d)Demonstration of a lack of trustworthiness to engage in
  112  activities requiring a qualifier identification card as defined
  113  by department rule pursuant to s. 527.02(5).
  114         Section 4. Subsection (5) is added to section 527.055,
  115  Florida Statutes, to read:
  116         527.055 General powers and duties.—
  117         (5)The department shall have the powers and authority to
  118  condemn unsafe equipment and issue an immediate final order
  119  requiring the immediate removal of liquefied petroleum gas from
  120  storage that does not comply with this chapter and is deemed a
  121  threat to the public health, safety, and welfare.
  122         Section 5. Paragraph (b) of subsection (1) of section
  123  527.0605, Florida Statutes, is amended to read:
  124         527.0605 Liquefied petroleum gas bulk storage locations;
  125  jurisdiction.—
  126         (1) The provisions of this chapter apply to liquefied
  127  petroleum gas bulk storage locations when:
  128         (b) The aggregate container capacity of the bulk storage
  129  location is more than 4,000 gallons or more; or
  130         Section 6. Present subsections (2) and (3) of section
  131  527.067, Florida Statutes, are redesignated as subsections (3)
  132  and (4), respectively, and a new subsection (2) is added to that
  133  section, to read:
  134         527.067 Responsibilities of persons engaged in servicing
  135  liquefied petroleum gas equipment and systems and consumers, end
  136  users, or owners of liquefied petroleum gas equipment or
  137  systems.—
  138         (2)All persons engaged in the business of servicing,
  139  testing, repairing, maintaining, or installing liquefied
  140  petroleum gas equipment and systems shall include on all work
  141  orders, invoices, or similar documents the name of the person
  142  performing the work and the applicable qualifier number.
  143         Section 7. Section 527.07, Florida Statutes, is amended to
  144  read:
  145         527.07 Restriction on use of containers.—
  146         (1) A person, other than the owner and those authorized by
  147  the owner, may not sell, fill, refill, remove gas from, deliver,
  148  permit to be delivered, or use in any manner any liquefied
  149  petroleum gas container or receptacle for any gas or compound,
  150  or for any other purpose.
  151         (2)A person, other than those authorized by the end user,
  152  may not add gas to or remove gas from any container or
  153  receptacle that contains liquefied petroleum gas purchased or
  154  contracted for transfer by, and in the lawful possession of, the
  155  end user. The department shall adopt rules to provide exceptions
  156  for emergencies.
  157         Section 8. Subsections (1) and (2) of section 527.11,
  158  Florida Statutes, are amended to read:
  159         527.11 Minimum storage.—
  160         (1) Every person who engages in the distribution of
  161  liquefied petroleum gas for resale to domestic, commercial, or
  162  industrial consumers as a prerequisite to obtaining a liquefied
  163  petroleum gas license shall install, own, or lease a bulk
  164  storage with an aggregate capacity filling plant of not less
  165  than 18,000 gallons (water capacity) within the state and shall
  166  be located within a 75-mile radius of the licensed company’s
  167  business location. The This bulk storage filling plant must have
  168  loading and unloading provisions solely for the licenseholder
  169  and be operated and maintained in compliance with this chapter
  170  for the duration of the license.
  171         (2) A dealer in liquefied petroleum gas licensed as of
  172  August 31, 2000, who has entered or who enters into a written
  173  agreement with a wholesaler that the wholesaler will provide
  174  liquefied petroleum gas to the dealer for a period of 12
  175  continuous months is exempt from the requirements of subsection
  176  (1), if the wholesaler has at least 18,000 gallons (water
  177  capacity) of bulk storage within this state permanently
  178  connected for storage, which is used as such for each dealer to
  179  whom gas is sold, and if the wholesaler has loading and
  180  unloading provisions. Such dealer must provide certification of
  181  this agreement on a form provided by the department to the
  182  department before her or his license may be issued. The form
  183  must be signed by both the wholesaler or his or her agent and
  184  the dealer or his or her agent and must be submitted annually
  185  with the license renewal application. A dealer who does not
  186  provide written proof of minimum storage may have her or his
  187  license denied, suspended, or revoked. A dealer or wholesaler
  188  may not enter into written agreements that allocate an amount of
  189  storage that exceeds the dealer’s or wholesaler’s total storage
  190  capacity minus 18,000 gallons (water capacity).
  191         Section 9. This act shall take effect July 1, 2024.
  192  
  193  ================= T I T L E  A M E N D M E N T ================
  194  And the title is amended as follows:
  195         Delete everything before the enacting clause
  196  and insert:
  197                        A bill to be entitled                      
  198         An act relating to the sale of liquefied petroleum
  199         gas; amending s. 527.01, F.S.; providing definitions;
  200         amending s. 527.02, F.S.; requiring certain remote
  201         bulk storage locations to comply with specified
  202         requirements; providing requirements for certain
  203         licenses; amending s. 527.0201, F.S.; requiring
  204         qualifier examinations to be completed within a
  205         specified timeframe; providing eligibility criteria
  206         for certain qualifier certification; prohibiting a
  207         person from acting as a qualifier for more than one
  208         location where certain liquefied petroleum gas
  209         activities are performed; providing requirements for
  210         qualifiers; prohibiting a person from acting as a
  211         master qualifier for more than one license; providing
  212         a condition under which the Department of Agriculture
  213         and Consumer Services may deny, refuse to renew,
  214         suspend, or revoke a qualifier or master qualifier
  215         registration; amending s. 527.055, F.S.; authorizing
  216         the department to condemn unsafe equipment and issue
  217         certain orders requiring the immediate removal of
  218         liquefied petroleum gas from certain storage; amending
  219         s. 527.0605, F.S.; revising the applicability of
  220         specified provisions for bulk storage locations;
  221         amending s. 527.067, F.S.; requiring persons
  222         servicing, testing, repairing, maintaining, or
  223         installing liquefied petroleum gas equipment and
  224         systems to include specified information on all work
  225         orders, invoices, and similar documents; amending s.
  226         527.07, F.S.; prohibiting unauthorized persons from
  227         adding gas to or removing gas from certain containers
  228         and receptacles; requiring the department to adopt
  229         specified rules; amending s. 527.11, F.S.; revising
  230         minimum bulk storage requirements for liquefied
  231         petroleum gas licenses; removing an exemption from
  232         such requirements; prohibiting dealers from entering
  233         into certain agreements; providing an effective date.