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The Florida Senate

2005 Florida Statutes

Section 377.701, Florida Statutes 2005

377.701  Petroleum allocation.--

(1)  The Department of Environmental Protection shall assume the state's role in petroleum allocation and conservation, including the development of a fair and equitable petroleum plan. The department shall constitute the responsible state agency for performing the functions of any federal program delegated to the state, which relates to petroleum supply, demand, and allocation.

(2)  The department shall, in addition to assuming the duties and responsibilities provided by subsection (1), perform the following:

(a)  In projecting available supplies of petroleum, coordinate with the Department of Revenue to secure information necessary to assure the sufficiency and accuracy of data submitted by persons affected by any federal fuel allocation program.

(b)  Require such periodic reports from public and private sources as may be necessary to the fulfillment of its responsibilities under this act. Such reports may include: petroleum use; all sales, including end-user sales, except retail gasoline and retail fuel oil sales; inventories; expected supplies and allocations; and petroleum conservation measures.

(c)  In cooperation with the Department of Revenue and other relevant state agencies, provide for long-range studies regarding the usage of petroleum in the state in order to:

1.  Comprehend the consumption of petroleum resources.

2.  Predict future petroleum demands in relation to available resources.

3.  Report the results of such studies to the Legislature.

(3)  For the purpose of determining accuracy of data, all state agencies shall timely provide the department with petroleum-use information in a format suitable to the needs of the allocation program.

(4)  No state employee shall divulge or make known in any manner any proprietary information acquired under this act if the disclosure of such information would be likely to cause substantial harm to the competitive position of the person providing such information and if the person requests that such information be held confidential, except in accordance with a court order or in the publication of statistical information compiled by methods which would not disclose the identity of individual suppliers or companies. Such proprietary information is confidential and exempt from the provisions of s. 119.07(1). Nothing in this subsection shall be construed to prevent inspection of reports by the Attorney General, members of the Legislature, and interested state agencies; however, such agencies and their employees and members are bound by the requirements set forth in this subsection.

(5)  Any person who willfully fails to submit information required by this act or submits false information or who violates any provision of this act is guilty of a misdemeanor of the first degree and shall be punished as provided in ss. 775.082 and 775.083

History.--ss. 1, 2, ch. 74-189; s. 2, ch. 75-256; s. 126, ch. 79-190; s. 31, ch. 81-169; s. 11, ch. 89-117; s. 113, ch. 90-360; s. 11, ch. 91-113; s. 180, ch. 96-406; s. 14, ch. 2004-243.