CODING: Words stricken are deletions; words underlined are additions.House Bill 1113
Florida House of Representatives - 1997 HB 1113
By Representative Burroughs
1 A bill to be entitled
2 An act relating to propane gas; creating ss.
3 527.20-527.29, F.S.; creating the Florida
4 Propane Gas Education, Safety, and Research
5 Act; providing legislative purpose; providing
6 definitions; establishing the Florida Propane
7 Gas Education, Safety, and Research Council;
8 providing for membership, duties, and
9 responsibilities; providing referendum
10 requirements; providing for industry
11 assessments; providing for rules; providing for
12 investigations; providing penalties for
13 violations; providing for the effect of
14 conflicts with other laws; providing an
15 effective date.
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17 Be It Enacted by the Legislature of the State of Florida:
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19 Section 1. Sections 527.20, 527.21, 527.22, 527.23,
20 527.24, 527.25, 527.26, 527.27, and 527.29, Florida Statutes,
21 are created to read:
22 527.20 Short title and purpose.--
23 (1) Sections 527.20-527.29 shall be known as the
24 "Florida Propane Gas Education, Safety, and Research Act."
25 (2) The purposes of this act are to:
26 (a) Establish the Florida Propane Gas Education,
27 Safety, and Research Council.
28 (b) Provide a method of funding through industry
29 assessments to fund activities authorized by law and approved
30 by the council to educate or provide information to consumers,
31 industry employees, and the public in general concerning
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1 propane gas, propane gas use equipment, mechanical and
2 technical practices, and propane gas uses.
3 (c) Present safety, education, and marketing
4 information about propane gas to the public.
5 (d) Conduct research or any type of study,
6 investigation, or other activity designed to advance the
7 safety, efficiency, desirability, usage, and marketability of
8 propane gas and propane gas use equipment.
9 527.21 Definitions.--
10 (1) "Council" means the Florida Propane Gas Education,
11 Safety, and Research Council created pursuant to this act.
12 (2) "Commissioner" means the Commissioner of
13 Agriculture and Consumer Services, or the commissioner's
14 designee.
15 (3) "Education" means any action to provide
16 information to consumers and to members of the propane gas
17 industry concerning propane gas, propane gas use equipment,
18 mechanical and technical practices, and propane gas uses.
19 (4) "Manufacturers and distributors of propane gas use
20 equipment" means any person or firm engaged in the
21 manufacturing, assembling, and marketing of appliances,
22 containers, and products used in the propane gas industry, and
23 those persons and firms in the wholesale marketing of
24 appliances, containers, and products used in the propane gas
25 industry.
26 (5) "Marketing" means any action taken by the council
27 to present positive information about propane gas to the
28 public.
29 (6) "Person" means any individual, group of
30 individuals, partnership, association, cooperative,
31 corporation, firm, or any other entity.
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1 (7) "Producer" means the owner of propane gas at the
2 time it is recovered at a manufacturing facility, irrespective
3 of the state where production occurs.
4 (8) "Propane" includes propane, butane, mixtures, and
5 liquefied petroleum gas as defined by the National Fire
6 Protection Association Standard 58 For The Storage and
7 Handling of Liquefied Petroleum Gases.
8 (9) "Public member" means a Florida resident member of
9 the council selected from among significant users of odorized
10 propane gas organizations representing significant users of
11 odorized propane gas, public safety officials, state propane
12 gas regulatory officials, or voluntary standard-setting
13 organizations.
14 (10) "Qualified industry organization" means the
15 National Propane Gas Association, the Florida Propane Gas
16 Association, or a successor association.
17 (11) "Research" means any type of study,
18 investigation, or other activity designed to advance the
19 image, desirability, usage, marketability, efficiency, and
20 safety of propane gas and propane gas use equipment, and to
21 further the development of such information and products.
22 (12) "Dealer" means a business engaged primarily in
23 the selling of propane gas and its appliances and equipment to
24 the ultimate consumer or to retail propane gas dispensers.
25 (13) "Transporter" means any person involved in the
26 commercial transportation of propane gas by pipeline, truck,
27 rail, or water.
28 (14) "Wholesaler" or "reseller" means a seller of
29 propane gas who is not a producer and who does not sell
30 propane gas to the ultimate consumer.
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1 (15) "Department" means the Florida Department of
2 Agriculture and Consumer Services.
3 527.22 Florida Propane Gas Education, Safety, and
4 Research Council established; membership; duties and
5 responsibilities.--
6 (1) Upon issuance of an order by the commissioner
7 establishing the Florida Propane Gas Education, Safety, and
8 Research Council, the commissioner shall select all members of
9 the council from a list of nominees submitted by qualified
10 industry organizations. Vacancies in unfinished terms of
11 council members may be filled by the council subject to
12 approval of the commissioner.
13 (2) In making nominations and appointments to the
14 council, the qualified industry organizations and the
15 commissioner shall give due regard to selecting a council that
16 is representative of the industry and the geographic regions
17 of the state.
18 (3) The council shall consist of 15 members, with 10
19 members representing dealers of propane gas, 2 members
20 representing producers of propane gas, 2 members representing
21 manufacturers and distributors of propane gas use equipment,
22 wholesalers or resellers, or transporters, and 1 public
23 member. Other than the public member, council members shall be
24 full-time employees or owners of businesses doing business in
25 Florida. Not more than two dealer members shall be from any
26 one company.
27 (4) Council members shall receive no compensation for
28 their services, except for the public member, who may be
29 reimbursed for reasonable travel expenses as provided in s.
30 112.061.
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1 (5) Council members shall serve terms of 3 years,
2 except that, of the initial members appointed, five shall be
3 appointed for terms of 1 year, five shall be appointed for
4 terms of 2 years, and five shall be appointed for terms of 3
5 years. Members may serve a maximum of two consecutive full
6 terms. Members filling unexpired terms may serve a maximum of
7 7 consecutive years. Former members of the council may be
8 reappointed to the council if they have not been members for a
9 period of 2 years.
10 (6) The council shall select from among its members a
11 chairman and other officers as necessary, establish committees
12 and subcommittees of the council, and adopt rules and bylaws
13 for the conduct of business. The council may establish
14 advisory committees of persons other than council members,
15 (7) The council may enter into contracts with, use
16 facilities and equipment of, or employ personnel other than
17 council members in carrying out the mandates of this act. The
18 council shall determine the compensation and duties of such
19 personnel.
20 (8) At the beginning of each fiscal period, the
21 council shall prepare and submit to the commissioner for
22 approval a budget plan including the estimated costs of all
23 programs and projects and a recommended rate of assessment
24 sufficient to cover such costs.
25 (9) The council shall develop programs and projects
26 and enter into contracts or agreements for implementing this
27 act, including programs of safety, education, and research.
28 (10) The council shall keep minutes, accounting
29 records, and other records as necessary to clearly reflect all
30 of the acts and transactions of the council and regularly
31 report such information to the commissioner, along with such
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1 other information as the commissioner may require. The
2 accounting records of the council shall be audited by a
3 certified public accountant at least once each fiscal year and
4 at such other times as the council may designate. Copies of
5 such audits shall be public record, and shall be provided to
6 the commissioner, to all members of the council, to all
7 qualified industry organizations, and to other members of the
8 industry upon request. The commissioner shall receive notice
9 of meetings and may require reports on the activities of the
10 council, as well as reports on compliance, violations, and
11 complaints regarding the implementation of this act or the
12 operations of the council.
13 (11) From assessments collected, the council shall
14 reimburse the department for costs incurred in holding the
15 referendum establishing the council, making appointments to
16 the council, and other expenses directly related to the
17 council, development, marketing, and consumer awareness.
18 527.23 Referendum requirements.--
19 (1) The commissioner shall conduct a referendum of all
20 Florida producers and dealers of propane gas within 90 days
21 after the effective date of this act to authorize the creation
22 of the Florida Propane Gas Education, Safety, and Research
23 Council and the levying of an assessment on odorized propane
24 gas sold in the state. Upon approval of those persons
25 representing two-thirds of the total gallonage of odorized
26 propane gas voting in the retail marketer class, meaning
27 propane gas sold or produced in the previous calendar year or
28 other representative period, the commissioner shall issue an
29 order establishing the council and call for nominations to the
30 council from qualified industry organizations. All persons
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1 voting in the referendum shall certify to the commissioner the
2 number of gallons represented by their vote.
3 (2) On the commissioner's own initiative, or upon a
4 petition of the council or of dealers representing 35 percent
5 of the gallons sold in the state, the commissioner shall hold
6 a referendum to determine whether the industry favors
7 termination or suspension of the order. The termination or
8 suspension shall not take effect unless it is approved by
9 those persons representing more than one-half of the total
10 gallonage of odorized propane gas in the dealer class.
11 (3) The commissioner may require such reports or
12 documentation as is necessary to document the referendum
13 process and the nomination process for members of the council.
14 All such reports, documentation, and dealer information
15 provided by persons voting shall be confidential and exempt
16 from the requirements of chapter 119.
17 (4) Within 180 days after the effective date of this
18 act, the department shall publish proposed regulations
19 pursuant to chapter 120 for implementation of the policies
20 provided for in this section.
21 527.24 Industry assessments.--
22 (1) The council shall set the initial assessment at no
23 greater than one-tenth of 1 cent per gallon. Thereafter,
24 annual assessments shall be sufficient to cover the costs of
25 the plans and programs developed by the council and approved
26 by the commissioner. The assessment shall not be greater than
27 1/2 cent per gallon of odorized propane gas. The assessment
28 may not be raised by more than one-tenth of 1 cent per gallon
29 annually.
30 (2) The owner of propane gas immediately prior to
31 odorization in this state or the owner at the time of import
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1 into this state of odorized propane gas shall be responsible
2 for the payment of the assessment on the volume of propane gas
3 at the time of import or odorization, whichever is later.
4 Assessments shall be remitted to the council on a monthly
5 basis by the 20th of the month following the month of
6 collection. Nonodorized propane gas shall not be subject to
7 assessment until odorized.
8 (3) The commissioner may by rule, with the concurrence
9 of the council, establish an alternative means for the council
10 to collect the assessment if another means is found to be more
11 efficient and effective. The commissioner may by rule
12 establish a late payment charge and rate of interest to be
13 imposed on any person who fails to remit to the council any
14 amount due.
15 (4) All funds collected under the provisions of this
16 act shall be paid into the General Revenue Fund. Three percent
17 of all income of a revenue nature deposited in this fund,
18 including transfers from any subsidiary accounts thereof and
19 any interest income, shall be deposited in the General Revenue
20 Fund pursuant to chapter 215.
21 (5) The council may accept contributions from
22 individuals, corporations, organizations, or the National
23 Propane Education and Research Council for use in programs
24 authorized by law.
25 (6) No funds collected by the council shall be used in
26 any manner for influencing legislation or for campaign
27 contributions.
28 527.25 Rules.--The department shall adopt rules
29 necessary for administering, collecting, reporting, and
30 payment of assessments collected under this act.
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1 527.26 Investigations.--The commissioner may make such
2 investigations as is deemed necessary to effectively carry out
3 the department's responsibilities under this act or to
4 determine whether a person has engaged or is engaging in any
5 acts or practices that constitute a violation of any provision
6 of this act or of any regulation adopted pursuant to this act.
7 The payment of the costs of such investigations shall be made
8 from funds collected pursuant to this act.
9 527.27 Penalty for violation.--It is unlawful for any
10 person to violate any provision of this act or any rule of the
11 department made pursuant to this act. Any person violating any
12 provision of this act or any rule is guilty of a misdemeanor
13 of the second degree, punishable as provided in s. 775.083.
14 527.29 Conflicts in law.--Nothing in this act shall be
15 construed to preempt or supersede any other program relating
16 to propane gas education, safety, and research organized and
17 operated under the laws of this state.
18 Section 2. This act shall take effect upon becoming a
19 law.
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2 HOUSE SUMMARY
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Creates the Florida Propane Gas Education, Safety, and
4 Research Act to:
1. Establish the Florida Propane Gas Education,
5 Safety, and Research Council.
2. Provide a method of funding through industry
6 assessments activities authorized by law and approved by
the council to educate or provide information to
7 consumers, industry employees, and the public in general
concerning propane gas, propane gas use equipment,
8 mechanical and technical practices, and propane gas uses.
3. Present safety, education, and marketing
9 information about propane gas to the public.
4. Conduct research or any type of study,
10 investigation, or other type of activity designed to
advance the safety, efficiency, desirability, usage, and
11 marketability of propane gas and propane gas use
equipment.
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13 See bill for details.
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