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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. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 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 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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. 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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. 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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. 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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 31 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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. 31 8 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 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. 20 21 22 23 24 25 26 27 28 29 30 31 9 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1113 554-153A-97 1 ***************************************** 2 HOUSE SUMMARY 3 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. 12 13 See bill for details. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 10