Senate Bill 1550er

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  1

  2         An act relating to the sale of liquefied

  3         petroleum gas; amending s. 527.01, F.S.;

  4         revising definitions; defining the terms

  5         "category IV liquefied petroleum gas dispenser

  6         and recreational vehicle servicer" and

  7         "wholesaler"; amending s. 527.02, F.S.;

  8         including category IV liquefied petroleum gas

  9         dispensers and recreational vehicle services

10         within licensure and examination provisions of

11         ch. 527, F.S.; providing a penalty for

12         operating without a license; setting

13         application and renewal fees for a category III

14         liquefied petroleum gas cylinder exchange unit

15         operator and a category IV liquefied petroleum

16         gas dispenser and recreational vehicle

17         servicer; providing for prorating of license

18         fees under specified circumstances; providing

19         for transfer of licenses under specified

20         conditions; providing for license transfer fee;

21         providing period of validity for qualifier

22         cards issued to category I liquefied petroleum

23         gas dealers and liquefied petroleum gas

24         installers; providing for renewal of

25         qualification; requiring category I liquefied

26         petroleum gas dealers and liquefied petroleum

27         gas installers to identify to the Department of

28         Agriculture and Consumer Services a designated

29         master qualifier; establishing examination and

30         certification requirements for master

31         qualifiers; requiring dealers to report to the


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  1         department any vacancy in a qualifier or master

  2         qualifier position; providing for suspension of

  3         a dealer's license under specified

  4         circumstances; providing grounds for revocation

  5         of license or eligibility; providing for

  6         transfer of competency qualifications; amending

  7         s. 527.04, F.S.; increasing minimum

  8         requirements for insurance coverage; amending

  9         s. 527.06, F.S.; increasing civil penalties for

10         violation of department rules; amending s.

11         527.11, F.S.; increasing minimum storage

12         requirements for bulk storage filling plants;

13         requiring that such plants be located in

14         specified proximity to a licensee's business

15         location; revising exemptions to such

16         requirements; eliminating an exemption;

17         removing a definition; amending s. 527.22,

18         F.S.; revising provisions with respect to the

19         Florida Propane Gas Education, Safety, and

20         Research Council; revising provisions with

21         respect to audits of account records of the

22         council and review and inspection of council

23         records; providing an effective date.

24

25  Be It Enacted by the Legislature of the State of Florida:

26

27         Section 1.  Section 527.01, Florida Statutes, is

28  amended to read:

29         527.01  Definitions.--As used in this chapter:

30         (1)  "Liquefied petroleum gas" means any material which

31  is composed predominantly of any of the following


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  1  hydrocarbons, or mixtures of the same:  propane, propylene,

  2  butanes (normal butane or isobutane), and butylenes.

  3         (2)  "Person" means any individual, firm, partnership,

  4  corporation, company, association, organization, or

  5  cooperative.

  6         (3)  "Ultimate consumer" means the person last

  7  purchasing liquefied petroleum gas in its liquid or vapor

  8  state for industrial, commercial, or domestic use.

  9         (4)  "Department" means the Department of Agriculture

10  and Consumer Services.

11         (5)  "Qualifier" means any person who has passed a

12  competency examination administered by the department and is

13  employed by a licensed business in one or more of the

14  following classifications:

15         (a)  Category I liquefied petroleum gas dealer.

16         (b)  Category II liquefied petroleum gas dispenser.

17         (c)  LP gas installer.

18         (d)  Specialty installer.

19         (e)  Requalifier of cylinders.

20         (f)  Fabricator, repairer, and tester of vehicles and

21  cargo tanks.

22         (g)  Category IV liquefied petroleum gas dispensing

23  unit operator and recreational vehicle servicer.

24         (6)  "Category I liquefied petroleum gas dealer" means

25  any person selling or offering to sell by delivery or at a

26  stationary location any liquefied petroleum gas to the

27  ultimate consumer for industrial, commercial, or domestic use;

28  any person leasing or offering to lease, or exchanging or

29  offering to exchange, any apparatus, appliances, and equipment

30  for the use of liquefied petroleum gas; any person installing,

31  servicing, altering, or modifying apparatus, piping, tubing,


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  1  appliances, and equipment for the use of liquefied petroleum

  2  gas; any person installing carburetion equipment; or any

  3  person requalifying cylinders.

  4         (7)  "Category II liquefied petroleum gas dispenser"

  5  means any person engaging in the business of operating a

  6  liquefied petroleum gas dispensing unit for the purpose of

  7  serving liquid products to the ultimate consumer for

  8  industrial, commercial, or domestic use, and selling or

  9  offering to sell, or leasing or offering to lease, apparatus,

10  appliances, and equipment for the use of liquefied petroleum

11  gas, including engaging in the business of operating a

12  cylinder exchange unit.

13         (8)  "Category III liquefied petroleum gas cylinder

14  exchange operator" means any person operating a storage

15  facility used for the purpose of storing filled propane

16  cylinders of not more than 43.5 pounds propane capacity or 104

17  pounds water capacity, while awaiting sale to the ultimate

18  consumer, or a facility used for the storage of empty or

19  filled containers which have been offered for exchange.

20         (9)  "Category IV liquefied petroleum gas dispenser and

21  recreational vehicle servicer" means any person engaging in

22  the business of operating a liquefied petroleum gas dispensing

23  unit for the purpose of serving liquid product to the ultimate

24  consumer for industrial, commercial, or domestic use, and

25  selling or offering to sell, leasing or offering to lease,

26  apparatus, appliances, and equipment for the use of liquefied

27  petroleum gas, and whose services include the installation,

28  service, or repair of recreational vehicle liquefied petroleum

29  gas appliances and equipment.

30         (10)(9)  "LP gas installer" means any person who is

31  engaged in the liquefied petroleum gas business and whose


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  1  services include the installation, servicing, altering, or

  2  modifying of apparatus, piping, tubing, tanks, and equipment

  3  for the use of liquefied petroleum gas and selling or offering

  4  to sell, or leasing or offering to lease, apparatus,

  5  appliances, and equipment for the use of liquefied petroleum

  6  gas.

  7         (11)(10)  "Specialty installer" means any person

  8  involved in the installation, service, or repair of liquefied

  9  petroleum gas appliances and equipment, and selling or

10  offering to sell, or leasing or offering to lease, apparatus,

11  appliances, and equipment for the use of liquefied petroleum

12  gas, whose activities are limited to specific types of

13  appliances and equipment as designated by department rule.

14         (12)(11)  "Dealer in appliances and equipment for use

15  of liquefied petroleum gas" means any person selling or

16  offering to sell, or leasing or offering to lease, apparatus,

17  appliances, and equipment for the use of liquefied petroleum

18  gas.

19         (13)(12)  "Manufacturer of liquefied petroleum gas

20  appliances and equipment" means any person in this state

21  manufacturing and offering for sale or selling tanks,

22  cylinders, or other containers and necessary appurtenances for

23  use in the storage, transportation, or delivery of such gas to

24  the ultimate consumer, or manufacturing and offering for sale

25  or selling apparatus, appliances, and equipment for the use of

26  liquefied petroleum gas to the ultimate consumer.

27         (14)  "Wholesaler" means any person, as defined by s.

28  527.01(2), selling or offering to sell any liquefied petroleum

29  gas for industrial, commercial, or domestic use to any person

30  except the ultimate consumer.

31


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  1         (15)(13)  "Requalifier of cylinders" means any person

  2  involved in the retesting, repair, qualifying, or requalifying

  3  of liquefied petroleum gas tanks or cylinders manufactured

  4  under specifications of the United States Department of

  5  Transportation or former Interstate Commerce Commission.

  6         (16)(14)  "Fabricator, repairer, and tester of vehicles

  7  and cargo tanks" means any person involved in the hydrostatic

  8  testing, fabrication, repair, or requalifying of any motor

  9  vehicles or cargo tanks used for the transportation of

10  liquefied petroleum gases, when such tanks are permanently

11  attached to or forming a part of the motor vehicle.

12         (17)(15)  "Recreational vehicle" means a motor vehicle

13  designed to provide temporary living quarters for

14  recreational, camping, or travel use, which has its own

15  propulsion or is mounted on or towed by another motor vehicle.

16         (18)(16)  "Pipeline system operator" means any person

17  who owns or operates a liquefied petroleum gas pipeline system

18  that is used to transmit liquefied petroleum gas from a common

19  source to the ultimate customer and that serves 10 or more

20  customers.

21         Section 2.  Section 527.02, Florida Statutes, is

22  amended to read:

23         527.02  License; penalty; fees.--

24         (1)(a)  It is unlawful for any person to engage in this

25  state in the activities of a pipeline system operator,

26  category I liquefied petroleum gas dealer, category II

27  liquefied petroleum gas dispenser, category III liquefied

28  petroleum gas cylinder exchange operator, category IV

29  liquefied petroleum gas dispenser and recreational vehicle

30  servicer, LP gas installer, specialty installer, dealer in

31  liquefied petroleum gas appliances and equipment, manufacturer


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  1  of liquefied petroleum gas appliances and equipment,

  2  requalifier of cylinders, or fabricator, repairer, and tester

  3  of vehicles and cargo tanks without first obtaining from the

  4  department a license to engage in one or more of these

  5  businesses. The sale of liquefied petroleum gas cylinders with

  6  a volume of 10 pounds water capacity or 4.2 pounds liquefied

  7  petroleum gas capacity or less is exempt from the requirements

  8  of this chapter. It is a felony of the third degree,

  9  punishable as provided in s. 775.082, s. 775.083, or s.

10  775.084, to intentionally or willfully engage in any of said

11  activities without first obtaining appropriate licensure from

12  the department.  Each business location of a person having

13  multiple locations shall be separately licensed and must meet

14  the requirements of this section.  Such license shall be

15  granted to any applicant determined by the department to be

16  competent, qualified, and trustworthy who files with the

17  department a surety bond, insurance affidavit, or other proof

18  of insurance, as hereinafter specified, and pays for such

19  license the following original application fee for new

20  licenses and annual renewal fees for existing licenses:

21

22                                   Original            Renewal

23  License Category              Application Fee            Fee

24

25

26    Category I liquefied

27  petroleum gas dealer.....................$525           $425

28    Category II liquefied

29  petroleum gas dispenser...................525            375

30

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  1    Category III liquefied

  2  petroleum gas cylinder

  3  exchange unit operator....................100             65

  4    Category IV liquefied

  5  petroleum gas dispenser and

  6  recreational vehicle servicer.............525            400

  7    LP gas installer........................300            200

  8    Specialty installer.....................300            200

  9    Dealer in appliances and equipment

10  for use of liquefied petroleum gas.........50             45

11    Manufacturer of liquefied petroleum

12  gas appliances and equipment..............525            375

13    Requalifier of cylinders................525            375

14    Fabricator, repairer, and tester of

15  vehicles and cargo tanks..................525            375

16

17  Any applicant for original license whose application is

18  submitted during the last 6 months of the license year may

19  have the original license fee reduced by one-half for the

20  6-month period. This provision shall apply only to those

21  companies applying for an original license and shall not be

22  applied to licensees who held a license during the previous

23  license year and failed to renew the license. The department

24  may refuse to issue an initial license to any applicant who is

25  under investigation in any jurisdiction for an action that

26  would constitute a violation of this chapter until such time

27  as the investigation is complete.

28         (b)  The license fee for a category III liquefied

29  petroleum gas cylinder exchange operator shall be $100 per

30  location for an original application and an annual renewal fee

31  of $65 for each of the first 30 locations.  An operator having


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  1  more than 30 cylinder exchange units shall pay a renewal fee

  2  of $65 for the first 30 locations and $50 for each of the

  3  remaining locations as long as the renewal applications are

  4  submitted together as a single packet.

  5         (b)(c)  Any person applying for a liquefied petroleum

  6  gas license as a specialty installer, as defined by s.

  7  527.01(11)(10), shall upon application to the department

  8  identify the specific area of work to be performed.  Upon

  9  completion of all license requirements set forth in this

10  chapter, the department shall issue the applicant a license

11  specifying the scope of work, as identified by the applicant

12  and defined by rule of the department, for which the person is

13  authorized.

14         (c)(d)  The license fee for a pipeline system operator

15  shall be $100 per system owned or operated by the person, not

16  to exceed $400 per license year. Such license fee applies only

17  to a pipeline system operator who owns or operates a liquefied

18  petroleum gas pipeline system that is used to transmit

19  liquefied petroleum gas from a common source to the ultimate

20  customer and that serves 10 or more customers.

21         (d)(e)  The department shall promulgate rules

22  specifying acts deemed by the department to demonstrate a lack

23  of trustworthiness to engage in activities requiring a license

24  or qualifier identification card under this section.

25         (e)  Any license issued by the department may be

26  transferred to any person, firm, or corporation for the

27  remainder of the current license year upon written request to

28  the department by the original licenseholder. Prior to

29  approval of any transfer, all licensing requirements of this

30  chapter must be met by the transferee. A license transfer fee

31  of $50 shall be charged for each such transfer.


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  1         (2)  In addition to the requirements of subsection (1),

  2  any person applying for a license to engage in the activities

  3  of a pipeline system operator, category I liquefied petroleum

  4  gas dealer, category II liquefied petroleum gas dispenser,

  5  category IV liquefied petroleum gas dispenser and recreational

  6  vehicle servicer, LP gas installer, specialty installer,

  7  requalification of cylinders, or fabricator, repairer, and

  8  tester of vehicles and cargo tanks, must prove competency by

  9  passing a written examination administered by the department

10  or its agent with a grade of 75 percent or above. Each

11  applicant for examination shall submit a $20 nonrefundable

12  fee. The department shall by rule specify the general areas of

13  competency to be covered by each examination and the relative

14  weight to be assigned in grading each area tested.

15         (a)  Application for examination for competency may be

16  made by an individual or by an owner, a partner, or any person

17  in a supervisory capacity of the license applicant.  Upon

18  successful completion of the competency examination, the

19  department shall issue a qualifier identification card to the

20  examinee. Qualifier identification cards, except those issued

21  to category I liquefied petroleum gas dealers and liquefied

22  petroleum gas installers, Such card shall remain in effect as

23  long as the individual shows to the department proof of active

24  employment in the area of examination and all continuing

25  education requirements are met. Should the individual

26  terminate active employment in the area of examination for a

27  period exceeding 24 months, or fail to provide documentation

28  of continuing education, the individual's qualifier status

29  shall expire. The individual may reapply for examination by

30  the department in order to reestablish qualifier status.

31  Every business organization shall possess such a full-time


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  1  qualifier at all times who has successfully completed an

  2  examination in the corresponding category of the license held

  3  by the business organization.

  4         (b)  Qualifier cards issued to category I liquefied

  5  petroleum gas dealers and liquefied petroleum gas installers

  6  shall expire 3 years after the date of issuance. All category

  7  I liquefied petroleum gas dealer qualifiers and liquefied

  8  petroleum gas installer qualifiers holding a valid qualifier

  9  card upon the effective date of this act shall retain their

10  qualifier status until July 1, 2003, and may sit for the

11  master qualifier examination at any time during that time

12  period. Alternatively, all category I liquefied petroleum gas

13  dealer qualifiers and liquefied petroleum gas installer

14  qualifiers may renew their qualification on or before July 1,

15  2003, upon application to the department, payment of a $20

16  renewal fee, and documentation of the completion of a minimum

17  of 12 hours approved continuous education courses, as defined

18  by department rule, during the previous 3-year period.

19  Applications for renewal must be made 30 calender days prior

20  to expiration. Persons failing to renew prior to the

21  expiration date must reapply and take a qualifier competency

22  examination in order to reestablish category I liquefied

23  petroleum gas dealer qualifier and liquefied petroleum gas

24  installer qualifier status. In the event a category I

25  liquefied petroleum gas qualifier or liquefied petroleum gas

26  installer qualifier becomes a master qualifier at any time

27  during the effective date of the qualifier card, the card

28  shall remain in effect until expiration of the master

29  qualifier certification. A vacancy in a qualifier position in

30  a business organization which results from the departure of

31  the qualifier shall be immediately reported to the department.


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  1  In the event a business organization no longer possesses a

  2  duly designated qualifier, as required by this section, its

  3  liquefied petroleum gas licenses shall be suspended by order

  4  of the department after 20 working days and shall remain

  5  suspended until a competent qualifier has been retained.  A

  6  vacancy in the qualifier position for a period of over 20

  7  working days shall be deemed to constitute an immediate threat

  8  to the public health, safety, and welfare. Failure to obtain a

  9  replacement qualifier within 60 days of the vacancy shall be

10  grounds for revocation of licensure or eligibility for

11  licensure.

12         (c)  Any individual's competency qualifications on file

13  with the department may be transferred to any existing

14  licenseholder, by written request to the department from the

15  person so qualified.  By request in writing to the department,

16  any individual who has on file the competency examination

17  requirement may use this evidence on file for a new license

18  application. Effective June 30, 1993, all examinations are

19  confidential and exempt from the provisions of s. 119.07(1).

20         (3)  A qualifier for a business organization involved

21  in installation, repair, maintenance, or service of liquefied

22  petroleum gas appliances, equipment, or systems must actually

23  function in a supervisory capacity of other company employees

24  installing, repairing, maintaining, or servicing liquefied

25  petroleum gas appliances, equipment, or systems.  A separate

26  qualifier shall be required for every 10 such employees.

27  Additional qualifiers are required for those business

28  organizations employing more than 10 employees that install,

29  repair, maintain, or service liquefied petroleum gas equipment

30  and systems.

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  1         (4)  In addition to all other licensing requirements,

  2  each category I liquefied petroleum gas dealer and liquefied

  3  petroleum gas installer must, at the time of application for

  4  licensure, identify to the department one master qualifier who

  5  is a full-time employee at the licensed location. This person

  6  shall be a manager, owner, or otherwise primarily responsible

  7  for overseeing the operations of the licensed location and

  8  must provide documentation to the department as provided by

  9  rule. The master qualifier requirement shall be in addition to

10  the requirements of subsection (2).

11         (a)  In order to apply for certification as a master

12  qualifier, each applicant must be a category I liquefied

13  petroleum gas dealer qualifier or liquefied petroleum gas

14  installer qualifier, must be employed by a licensed category I

15  liquefied petroleum gas dealer, liquefied petroleum gas

16  installer, or applicant for such license, and must pass a

17  master qualifier competency examination. Master qualifier

18  examinations shall be based on Florida's laws, rules, and

19  adopted codes governing liquefied petroleum gas safety,

20  general industry safety standards, and administrative

21  procedures. The examination must be successfully completed by

22  the applicant with a grade of 75 percent or more. Each

23  applicant for master qualifier status shall submit to the

24  department a nonrefundable $30 examination fee prior to the

25  examination.

26         (b)  Upon successful completion of the master qualifier

27  examination, the department shall issue the examinee a

28  certificate of master qualifier status which shall include the

29  name of the licensed company for which the master qualifier is

30  employed. A master qualifier may transfer from one

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  1  licenseholder to another upon becoming employed by the company

  2  and providing a written request to the department.

  3         (c)  Master qualifier status shall expire 3 years after

  4  the date of issuance of the certificate and may be renewed by

  5  submission to the department of documentation of completion of

  6  at least 12 hours of approved continuing education courses

  7  during the 3-year period, proof of employment with a licensed

  8  category I liquefied petroleum gas dealer, liquefied petroleum

  9  gas installer, or applicant, and a $30 certificate renewal

10  fee. The department shall define, by rule, approved courses of

11  continuing education.

12         (d)  Each category I liquefied petroleum gas dealer or

13  liquefied petroleum gas installer licensed as of August 31,

14  2000, shall identify to the department one current category I

15  liquefied petroleum gas dealer qualifier or liquefied

16  petroleum gas installer qualifier who will be the designated

17  master qualifier for the licenseholder. Such individual must

18  provide proof of employment for 3 years or more within the

19  liquefied petroleum gas industry, and shall, upon approval of

20  the department, be granted a master qualifier certificate. All

21  other requirements with regard to master qualifier certificate

22  expiration, renewal, and continuing education shall apply.

23         (5)  A vacancy in a qualifier or master qualifier

24  position in a business organization which results from the

25  departure of the qualifier shall be immediately reported to

26  the department. In the event a business organization no longer

27  possesses a duly designated qualifier, as required by this

28  section, its liquefied petroleum gas licenses shall be

29  suspended by order of the department after 20 working days and

30  shall remain suspended until a competent qualifier has been

31  retained. A vacancy in the qualifier position for a period of


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  1  more than 20 working days shall be deemed to constitute an

  2  immediate threat to the public health, safety, and welfare.

  3  Failure to obtain a replacement qualifier within 60 days of

  4  the vacancy shall be grounds for revocation of licensure or

  5  eligibility for licensure.

  6         (6)  Any individual having competency qualifications on

  7  file with the department may request the transfer of such

  8  qualifications to any existing licenseholder by making a

  9  written request to the department for such transfer.  Any

10  individual having a competency examination on file with the

11  department may use such examination for a new license

12  application after making application in writing to the

13  department. All examinations are confidential and exempt from

14  the provisions of s. 119.07(1).

15         (7)(4)  If a duplicate license, or qualifier card, or

16  master qualifier certificate is requested by the licensee, a

17  fee of $10 must be received before issuance of the duplicate

18  license or card.  If a facsimile transmission of an original

19  license is requested, upon completion of the transmission a

20  fee of $10 must be received by the department before the

21  original license may be mailed to the requester.

22         (8)(5)  All revenues collected herein shall be

23  deposited in the General Inspection Trust Fund for the purpose

24  of administering the provisions of this chapter.

25         Section 3.  Subsections (1) and (2) of section 527.04,

26  Florida Statutes, are amended to read:

27         527.04  Proof of insurance required.--

28         (1)  Before any license is issued, except to a dealer

29  in appliances and equipment for use of liquefied petroleum gas

30  or a category III liquefied petroleum gas cylinder exchange

31  operator, the applicant must deliver to the department a good


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  1  and sufficient bond in the amount of $1 million $300,000,

  2  payable to the Governor of Florida, with the applicant as

  3  principal and a surety company authorized to do business in

  4  this state as surety.  The bond must be conditioned upon the

  5  principal's compliance with the provisions of this chapter and

  6  the rules of the department with respect to the conduct of

  7  such business and shall indemnify and hold harmless all

  8  persons from loss or damage by reason of the principal's

  9  failure to comply.  However, the aggregated liability of the

10  surety may not exceed $1 million $300,000.  If the bond

11  becomes insufficient, the department may require a new bond to

12  be filed, and if the principal fails to do so, the department

13  shall cancel the license issued and give the principal written

14  notice that it is unlawful to engage in business without a

15  license.  If the applicant furnishes satisfactory evidence

16  that he or she is covered by a primary policy of bodily injury

17  liability and property damage liability insurance covering the

18  products and operations with respect to such business, issued

19  by an insurer authorized to do business in the state, for an

20  amount not less than $1 million $300,000 and that the premiums

21  on such insurance are paid, an insurance affidavit or other

22  satisfactory evidence of acceptable insurance coverage shall

23  be accepted in lieu of the bond.  A new bond is not required

24  as long as the original bond remains sufficient and in force.

25  If the licenseholder's insurance coverages as required by this

26  subsection are canceled or otherwise terminated, the insurer

27  must notify the department within 30 days after such

28  cancellation or termination.

29         (2)  Before any license is issued to a class III

30  liquefied petroleum gas cylinder exchange operator, the

31  applicant must deliver to the department a good and sufficient


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  1  bond in the amount of $300,000 $100,000, payable to the

  2  Governor, with the applicant as principal and a surety company

  3  authorized to do business in this state as surety.  The bond

  4  must be conditioned upon the principal's compliance with this

  5  chapter and the rules of the department with respect to the

  6  conduct of such business and must indemnify and hold harmless

  7  all persons from loss or damage by reason of the principal's

  8  failure to comply.  However, the aggregated liability of the

  9  surety may not exceed $300,000 $100,000.  If the bond becomes

10  insufficient, the department may require a new bond to be

11  filed, and if the principal fails to do so, the department

12  shall cancel the license and give the principal written notice

13  that it is unlawful to engage in business without a license.

14  If the applicant furnishes satisfactory evidence that he or

15  she is covered by a primary policy of bodily injury liability

16  and property damage liability insurance covering the products

17  and operations with respect to such business, issued by an

18  insurer authorized to do business in the state, for an amount

19  not less than $300,000 $100,000 and that the premiums on such

20  insurance are paid, an insurance affidavit or other

21  satisfactory evidence of acceptable insurance coverage shall

22  be accepted in lieu of the bond.  A new bond is not required

23  as long as the original bond remains sufficient and in force.

24  If the licenseholder's insurance coverages required by this

25  subsection are canceled or otherwise terminated, the insurer

26  must notify the department within 30 days after such

27  cancellation or termination.

28         Section 4.  Subsection (4) of section 527.06, Florida

29  Statutes, is amended to read:

30         527.06  Rules.--

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  1         (4)  Rules in substantial conformity with the published

  2  standards in Title 49 of the Code of Federal Regulations

  3  relative to liquefied petroleum gas pipelines shall be deemed

  4  to be in substantial conformity with the generally accepted

  5  standards of safety concerning the same subject matter.

  6  Violation of any provision of the rules adopted pursuant to

  7  this subsection may be enjoined under the provisions of s.

  8  527.09. Any person who violates any provision of the rules

  9  adopted pursuant to this subsection shall be subject to a

10  civil penalty not to exceed $25,000 $1,000 for each such

11  violation for each day that such violation persists, except

12  that the maximum civil penalty shall not exceed $500,000

13  $200,000, in aggregate, for any related series of violations.

14  Any such civil penalty may be compromised by the department.

15  In determining the amount of such penalty or the amount agreed

16  upon in compromise, the appropriateness of such penalty to the

17  size of the business of the person charged, the gravity of the

18  violation, and the good faith of the person charged in

19  attempting to achieve compliance after notification of a

20  violation shall be considered. Each penalty shall be a lien

21  upon the real and personal property of such person and

22  enforceable by the department as statutory liens under chapter

23  85, the proceeds of which shall be deposited in the General

24  Inspection Trust Fund, as provided in s. 527.02.

25         Section 5.  Section 527.11, Florida Statutes, is

26  amended to read:

27         527.11  Minimum storage.--

28         (1)  Every person who engages in the distribution of

29  liquefied petroleum gas for resale to domestic, commercial, or

30  industrial consumers as a prerequisite to obtaining a

31  liquefied petroleum gas license shall install a bulk storage


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  1  filling plant of not less than 18,000 12,000 gallons (water

  2  capacity) within the state and shall be located within a

  3  75-mile radius of the licensed company's business location.

  4         (2)  A dealer in liquefied petroleum gas licensed as of

  5  August 31, 2000, category I liquefied petroleum gas dealer who

  6  has entered or who enters into a written agreement with a

  7  wholesaler that the wholesaler will provide liquefied

  8  petroleum gas to the dealer for a period of 12 continuous

  9  months is exempt from the requirements of subsection (1), if

10  the wholesaler has at least 18,000 12,000 gallons (water

11  capacity) of bulk storage within this state permanently

12  connected for storage, which is and used as such for each such

13  dealer to whom gas is sold, and if the wholesaler has loading

14  and unloading provisions.  Such dealer must provide

15  certification of this agreement on a form provided by the

16  department a copy of the written agreement to the department

17  before her or his license may be issued., and The form

18  agreement must be signed by both the wholesaler or his or her

19  agent and the dealer or his or her agent and must be submitted

20  annually with the license renewal application.  A dealer who

21  does not provide written proof of minimum storage may have her

22  or his license denied, suspended, or revoked. No wholesaler

23  may enter into written agreements that allocate an amount of

24  storage that exceeds the wholesaler's total storage capacity

25  minus 18,000 gallons (water capacity). However, no wholesaler

26  shall be required under this section to have more than 300,000

27  gallons (water capacity) of permanent bulk storage for her or

28  his entire operations in the state.

29         (3)  An independent dealer who does not have a written

30  contract with a supplier or wholesaler is exempt from the

31  requirement of subsection (1); however, in lieu of the


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  1  requirement set forth in subsection (1), such independent

  2  dealer must install a bulk storage tank with a capacity (water

  3  gallons) of not less than the total of liquefied petroleum gas

  4  sold by such dealer during the peak month of the preceding

  5  calendar year.

  6         (3)(4)  A dealer in liquefied petroleum gas operating a

  7  single dispensing unit for the sole purpose of direct product

  8  sale to customers (no deliveries) or an operator of a cylinder

  9  exchange unit with a total capacity of 2,000 gallons (water

10  capacity) or less is exempt from the requirements of this

11  section.

12         (5)  A "wholesaler" as used in this section is any

13  person, as defined by s. 527.01(2), selling or offering to

14  sell any liquefied petroleum gas for industrial, commercial,

15  or domestic use to any person except the ultimate consumer.

16         Section 6.  Subsection (4) of section 527.22, Florida

17  Statutes, is amended to read:

18         527.22  Florida Propane Gas Education, Safety, and

19  Research Council established; membership; duties and

20  responsibilities.--

21         (4)  The council shall keep minutes, accounting

22  records, and other records as necessary to clearly reflect all

23  of the acts and transactions of the council and regularly

24  report such information to the commissioner, along with such

25  other information as the commissioner requires. The accounting

26  records of the council shall be audited by a certified public

27  accountant at least once each fiscal year and at such other

28  times as the council or the department designates. Copies of

29  such audit shall be provided to the commissioner, to all

30  members of the council, to each qualified industry

31  organization upon request, and to the Auditor General. Copies


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  1  shall be provided to other producers and dealers upon request.

  2  All records of the council shall be kept on file with the

  3  department, and these records and other documents about

  4  matters within the jurisdiction of the council shall be

  5  subject to the review and inspection of the department's

  6  Inspector General, the Auditor General, and inspection by the

  7  members of the council, or other interested parties upon

  8  request. All records of the council are subject to the

  9  provisions of s. 119.07.

10         Section 7.  This act shall take effect July 1, 2000.

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