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The Florida Senate

2012 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 526 SALE OF LIQUID FUELS; BRAKE FLUID Entire Chapter
SECTION 203
Renewable fuel standard.
F.S. 526.203
526.203 Renewable fuel standard.—
(1) DEFINITIONS.—As used in this act, the term:
(a) “Alternative fuel” means a fuel produced from biomass, as defined in s. 366.91, which is used to replace or reduce the quantity of fossil fuel present in a petroleum fuel that meets the specifications as adopted by the department.
(b) “Blender,” “importer,” “terminal supplier,” and “wholesaler” are defined as provided in s. 206.01.
(c) “Blended gasoline” means a mixture of 90 to 91 percent gasoline and 9 to 10 percent fuel ethanol or other alternative fuel, by volume, which meets the specifications as adopted by the department. The fuel ethanol or other alternative fuel portion may be derived from any agricultural source.
(d) “Fuel ethanol” means an anhydrous denatured alcohol produced by the conversion of carbohydrates which meets the specifications as adopted by the department.
(e) “Unblended gasoline” means gasoline that has not been blended with fuel ethanol or other alternative fuel and that meets the specifications as adopted by the department.
(2) FUEL STANDARD.—Beginning December 31, 2010, all gasoline sold or offered for sale in Florida by a terminal supplier, importer, blender, or wholesaler shall be blended gasoline.
(3) EXEMPTIONS.—The requirements of this act do not apply to the following:
(a) Fuel used in aircraft.
(b) Fuel sold for use in boats and similar watercraft.
(c) Fuel sold to a blender.
(d) Fuel sold for use in collector vehicles or vehicles eligible to be licensed as collector vehicles, off-road vehicles, motorcycles, or small engines.
(e) Fuel unable to comply due to requirements of the United States Environmental Protection Agency.
(f) Fuel transferred between terminals.
(g) Fuel exported from the state in accordance with s. 206.052.
(h) Fuel qualifying for any exemption in accordance with chapter 206.
(i) Fuel for a railroad locomotive.
(j) Fuel for equipment, including vehicle or vessel, covered by a warranty that would be voided, if explicitly stated in writing by the vehicle or vessel manufacturer, if the equipment were to be operated using fuel meeting the requirements of subsection (2).

All records of sale of unblended gasoline shall include the following statement: “Unblended gasoline may be sold only for the purposes authorized under s. 526.203(3), F.S.”

(4) REPORT.—Pursuant to s. 206.43, each terminal supplier, importer, blender, and wholesaler shall include in its report to the Department of Revenue the number of gallons of blended and unblended gasoline sold. The Department of Revenue shall provide a monthly summary report to the department.
(5) SALE OF UNBLENDED GASOLINE.—This section does not prohibit the sale of unblended gasoline for the uses exempted under subsection (3).
(6) SALE OF UNBLENDED GASOLINE; LISTING OF RETAIL SALES STATIONS.—This section does not prohibit a retail dealer, as defined in s. 206.01, from selling or offering to sell unblended gasoline. The Department of Agriculture and Consumer Services shall compile a list of retail fuel stations that sell or offer to sell unblended gasoline. This information shall be compiled by the department as part of its routine retail fuel station inspections, authorized under s. 525.07, and from information provided voluntarily by retail dealers. The Department of Agriculture and Consumer Services shall provide this information on its website to inform consumers of the options available for unblended gasoline.
History.—s. 103, ch. 2008-227; s. 13, ch. 2012-117; s. 22, ch. 2012-205.