Senate Bill sb2462c1
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Florida Senate - 2003 CS for SB 2462
By the Committee on Agriculture; and Senator Garcia
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1 A bill to be entitled
2 An act relating to the Department of
3 Agriculture and Consumer Services; amending s.
4 527.01, F.S.; redefining the term "qualifier"
5 for purposes of ch. 527, F.S., relating to sale
6 of liquefied petroleum gas; redefining the term
7 "category II liquefied petroleum gas
8 dispenser"; defining the term "category V
9 liquefied petroleum gases dealer for industrial
10 uses only"; amending s. 527.02, F.S.; providing
11 for licensure of category V liquefied petroleum
12 gases dealers for industrial uses only;
13 providing license fees for such dealers;
14 creating s. 527.0201, F.S.; providing for the
15 examination of such dealers; revising criteria
16 for determining who may make application for
17 examination for competency; providing that a
18 person may not act as a qualifier for more than
19 one licensed location; providing an additional
20 prerequisite for certification as a master
21 qualifier; clarifying procedures in the event
22 of specified vacancies in qualifier and master
23 qualifier positions; clarifying provisions
24 relating to suspension of a license if a
25 business organization no longer possesses a
26 duly designated qualifier; providing procedures
27 relating to category I liquefied petroleum gas
28 dealers or LP gas installers who no longer
29 possess a master qualifier but employ a
30 category I liquefied petroleum gas dealer or LP
31 gas installer qualifier; providing that the
1
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1 department may deny, refuse to renew, suspend,
2 or revoke a qualifier card or master qualifier
3 certificate for specified causes; amending s.
4 527.06, F.S.; conforming a cross-reference;
5 amending s. 527.065, F.S.; revising conditions
6 under which liquefied petroleum gas licensees
7 must notify the department of liquefied
8 petroleum gas-related accidents involving a
9 customer account; amending s. 527.11, F.S.;
10 revising a prerequisite to obtaining a
11 liquefied petroleum gas license; amending s.
12 527.13, F.S.; authorizing the department to
13 impose administrative penalties and suspend or
14 revoke a qualification for violation of ch.
15 527, F.S., rules adopted pursuant thereto, or a
16 cease and desist order; increasing the period
17 of time in which licensees may pay penalties to
18 the department; authorizing the department to
19 issue a warning letter to licenseholders,
20 master qualifiers, qualifiers, or others in
21 lieu of an administrative or civil penalty for
22 first violations; amending s. 527.22, F.S.;
23 revising terms of membership of the Propane Gas
24 Education, Safety, and Research Council;
25 amending s. 559.904, F.S.; revising provisions
26 relating to applications, renewal applications,
27 registration, and registration fees with
28 respect to motor vehicle repair shops; amending
29 s. 559.929, F.S.; eliminating a condition under
30 which the department may waive security
31 requirements with respect to registration as a
2
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1 seller of travel; amending s. 501.143, F.S.;
2 providing limitations on contracts for ballroom
3 dance studio services, the renewal of such
4 contracts, and oral or written representations
5 with respect thereto; providing penalties,
6 remedies, and enforcement; amending s. 507.03,
7 F.S.; revising registration requirements for
8 moving services; amending s. 507.04, F.S.;
9 revising requirements with respect to insurance
10 coverage for moving services; amending s.
11 501.212, F.S.; revising an exemption from the
12 Florida Deceptive and Unfair Trade Practices
13 Act for certain acts or practices involving
14 real estate; providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Paragraph (h) is added to subsection (5) of
19 section 527.01, Florida Statutes, subsection (7) is amended,
20 and subsection (19) is added to that section, to read:
21 527.01 Definitions.--As used in this chapter:
22 (5) "Qualifier" means any person who has passed a
23 competency examination administered by the department and is
24 employed by a licensed business in one or more of the
25 following classifications:
26 (h) Category V liquefied petroleum gases dealer for
27 industrial uses only.
28 (7) "Category II liquefied petroleum gas dispenser"
29 means any person engaging in the business of operating a
30 liquefied petroleum gas dispensing unit for the purpose of
31 serving liquid products to the ultimate consumer for
3
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1 industrial, commercial, or domestic use, and selling or
2 offering to sell, or leasing or offering to lease, apparatus,
3 appliances, and equipment for the use of liquefied petroleum
4 gas, including maintaining a cylinder storage rack at the
5 licensed business location for the purpose of storing
6 cylinders filled by the licensed business for sale or use at a
7 later date engaging in the business of operating a cylinder
8 exchange unit.
9 (19) "Category V liquefied petroleum gases dealer for
10 industrial uses only" means any person engaged in the business
11 of filling, selling, and transporting liquefied petroleum gas
12 containers for use in welding, forklifts, or other industrial
13 applications.
14 Section 2. Section 527.02, Florida Statutes, is
15 amended to read:
16 527.02 License; penalty; fees.--
17 (1)(a) It is unlawful for any person to engage in this
18 state in the activities of a pipeline system operator,
19 category I liquefied petroleum gas dealer, category II
20 liquefied petroleum gas dispenser, category III liquefied
21 petroleum gas cylinder exchange operator, category IV
22 liquefied petroleum gas dispenser and recreational vehicle
23 servicer, category V liquefied petroleum gas dealer for
24 industrial uses only, LP gas installer, specialty installer,
25 dealer in liquefied petroleum gas appliances and equipment,
26 manufacturer of liquefied petroleum gas appliances and
27 equipment, requalifier of cylinders, or fabricator, repairer,
28 and tester of vehicles and cargo tanks without first obtaining
29 from the department a license to engage in one or more of
30 these businesses. The sale of liquefied petroleum gas
31 cylinders with a volume of 10 pounds water capacity or 4.2
4
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1 pounds liquefied petroleum gas capacity or less is exempt from
2 the requirements of this chapter. It is a felony of the third
3 degree, punishable as provided in s. 775.082, s. 775.083, or
4 s. 775.084, to intentionally or willfully engage in any of
5 said activities without first obtaining appropriate licensure
6 from the department.
7 (2) Each business location of a person having multiple
8 locations shall be separately licensed and must meet the
9 requirements of this section. Such license shall be granted
10 to any applicant determined by the department to be competent,
11 qualified, and trustworthy who files with the department a
12 surety bond, insurance affidavit, or other proof of insurance,
13 as hereinafter specified, and pays for such license the
14 following original application fee for new licenses and annual
15 renewal fees for existing licenses:
16
17 Original Renewal
18 License Category Application Fee Fee
19
20
21 Category I liquefied
22 petroleum gas dealer.....................$525 $425
23 Category II liquefied
24 petroleum gas dispenser...................525 375
25 Category III liquefied
26 petroleum gas cylinder
27 exchange unit operator....................100 65
28 Category IV liquefied
29 petroleum gas dispenser and
30 recreational vehicle servicer.............525 400
31
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1 Category V liquefied
2 petroleum gases dealer for industrial uses only
3 ..........................................300 200
4 LP gas installer........................300 200
5 Specialty installer.....................300 200
6 Dealer in appliances and equipment
7 for use of liquefied petroleum gas.........50 45
8 Manufacturer of liquefied petroleum
9 gas appliances and equipment..............525 375
10 Requalifier of cylinders................525 375
11 Fabricator, repairer, and tester of
12 vehicles and cargo tanks..................525 375
13 (3) Any applicant for original license whose
14 application is submitted during the last 6 months of the
15 license year may have the original license fee reduced by
16 one-half for the 6-month period. This provision shall apply
17 only to those companies applying for an original license and
18 shall not be applied to licensees who held a license during
19 the previous license year and failed to renew the license. The
20 department may refuse to issue an initial license to any
21 applicant who is under investigation in any jurisdiction for
22 an action that would constitute a violation of this chapter
23 until such time as the investigation is complete.
24 (4)(b) Any person applying for a liquefied petroleum
25 gas license as a specialty installer, as defined by s.
26 527.01(11), shall upon application to the department identify
27 the specific area of work to be performed. Upon completion of
28 all license requirements set forth in this chapter, the
29 department shall issue the applicant a license specifying the
30 scope of work, as identified by the applicant and defined by
31 rule of the department, for which the person is authorized.
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1 (5)(c) The license fee for a pipeline system operator
2 shall be $100 per system owned or operated by the person, not
3 to exceed $400 per license year. Such license fee applies only
4 to a pipeline system operator who owns or operates a liquefied
5 petroleum gas pipeline system that is used to transmit
6 liquefied petroleum gas from a common source to the ultimate
7 customer and that serves 10 or more customers.
8 (6)(d) The department shall promulgate rules
9 specifying acts deemed by the department to demonstrate a lack
10 of trustworthiness to engage in activities requiring a license
11 or qualifier identification card under this section.
12 (7)(e) Any license issued by the department may be
13 transferred to any person, firm, or corporation for the
14 remainder of the current license year upon written request to
15 the department by the original licenseholder. Prior to
16 approval of any transfer, all licensing requirements of this
17 chapter must be met by the transferee. A license transfer fee
18 of $50 shall be charged for each such transfer.
19 (2) In addition to the requirements of subsection (1),
20 any person applying for a license to engage in the activities
21 of a pipeline system operator, category I liquefied petroleum
22 gas dealer, category II liquefied petroleum gas dispenser,
23 category IV liquefied petroleum gas dispenser and recreational
24 vehicle servicer, LP gas installer, specialty installer,
25 requalification of cylinders, or fabricator, repairer, and
26 tester of vehicles and cargo tanks, must prove competency by
27 passing a written examination administered by the department
28 or its agent with a grade of 75 percent or above. Each
29 applicant for examination shall submit a $20 nonrefundable
30 fee. The department shall by rule specify the general areas of
31
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1 competency to be covered by each examination and the relative
2 weight to be assigned in grading each area tested.
3 (a) Application for examination for competency may be
4 made by an individual or by an owner, a partner, or any person
5 in a supervisory capacity of the license applicant. Upon
6 successful completion of the competency examination, the
7 department shall issue a qualifier identification card to the
8 examinee. Qualifier identification cards, except those issued
9 to category I liquefied petroleum gas dealers and liquefied
10 petroleum gas installers, shall remain in effect as long as
11 the individual shows to the department proof of active
12 employment in the area of examination and all continuing
13 education requirements are met. Should the individual
14 terminate active employment in the area of examination for a
15 period exceeding 24 months, or fail to provide documentation
16 of continuing education, the individual's qualifier status
17 shall expire. The individual may reapply for examination by
18 the department in order to reestablish qualifier status.
19 Every business organization shall possess such a full-time
20 qualifier at all times who has successfully completed an
21 examination in the corresponding category of the license held
22 by the business organization.
23 (b) Qualifier cards issued to category I liquefied
24 petroleum gas dealers and liquefied petroleum gas installers
25 shall expire 3 years after the date of issuance. All category
26 I liquefied petroleum gas dealer qualifiers and liquefied
27 petroleum gas installer qualifiers holding a valid qualifier
28 card upon the effective date of this act shall retain their
29 qualifier status until July 1, 2003, and may sit for the
30 master qualifier examination at any time during that time
31 period. Alternatively, all category I liquefied petroleum gas
8
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1 dealer qualifiers and liquefied petroleum gas installer
2 qualifiers may renew their qualification on or before July 1,
3 2003, upon application to the department, payment of a $20
4 renewal fee, and documentation of the completion of a minimum
5 of 12 hours approved continuing education courses, as defined
6 by department rule, during the previous 3-year period.
7 Applications for renewal must be made 30 calendar days prior
8 to expiration. Persons failing to renew prior to the
9 expiration date must reapply and take a qualifier competency
10 examination in order to reestablish category I liquefied
11 petroleum gas dealer qualifier and liquefied petroleum gas
12 installer qualifier status. If a category I liquefied
13 petroleum gas qualifier or liquefied petroleum gas installer
14 qualifier becomes a master qualifier at any time during the
15 effective date of the qualifier card, the card shall remain in
16 effect until expiration of the master qualifier certification.
17 (3) A qualifier for a business organization involved
18 in installation, repair, maintenance, or service of liquefied
19 petroleum gas appliances, equipment, or systems must actually
20 function in a supervisory capacity of other company employees
21 installing, repairing, maintaining, or servicing liquefied
22 petroleum gas appliances, equipment, or systems. A separate
23 qualifier shall be required for every 10 such employees.
24 Additional qualifiers are required for those business
25 organizations employing more than 10 employees that install,
26 repair, maintain, or service liquefied petroleum gas equipment
27 and systems.
28 (4) In addition to all other licensing requirements,
29 each category I liquefied petroleum gas dealer and liquefied
30 petroleum gas installer must, at the time of application for
31 licensure, identify to the department one master qualifier who
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1 is a full-time employee at the licensed location. This person
2 shall be a manager, owner, or otherwise primarily responsible
3 for overseeing the operations of the licensed location and
4 must provide documentation to the department as provided by
5 rule. The master qualifier requirement shall be in addition to
6 the requirements of subsection (2).
7 (a) In order to apply for certification as a master
8 qualifier, each applicant must be a category I liquefied
9 petroleum gas dealer qualifier or liquefied petroleum gas
10 installer qualifier, must be employed by a licensed category I
11 liquefied petroleum gas dealer, liquefied petroleum gas
12 installer, or applicant for such license, and must pass a
13 master qualifier competency examination. Master qualifier
14 examinations shall be based on Florida's laws, rules, and
15 adopted codes governing liquefied petroleum gas safety,
16 general industry safety standards, and administrative
17 procedures. The examination must be successfully completed by
18 the applicant with a grade of 75 percent or more. Each
19 applicant for master qualifier status shall submit to the
20 department a nonrefundable $30 examination fee prior to the
21 examination.
22 (b) Upon successful completion of the master qualifier
23 examination, the department shall issue the examinee a
24 certificate of master qualifier status which shall include the
25 name of the licensed company for which the master qualifier is
26 employed. A master qualifier may transfer from one
27 licenseholder to another upon becoming employed by the company
28 and providing a written request to the department.
29 (c) Master qualifier status shall expire 3 years after
30 the date of issuance of the certificate and may be renewed by
31 submission to the department of documentation of completion of
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1 at least 12 hours of approved continuing education courses
2 during the 3-year period; proof of employment with a licensed
3 category I liquefied petroleum gas dealer, liquefied petroleum
4 gas installer, or applicant; and a $30 certificate renewal
5 fee. The department shall define, by rule, approved courses of
6 continuing education.
7 (d) Each category I liquefied petroleum gas dealer or
8 liquefied petroleum gas installer licensed as of August 31,
9 2000, shall identify to the department one current category I
10 liquefied petroleum gas dealer qualifier or liquefied
11 petroleum gas installer qualifier who will be the designated
12 master qualifier for the licenseholder. Such individual must
13 provide proof of employment for 3 years or more within the
14 liquefied petroleum gas industry, and shall, upon approval of
15 the department, be granted a master qualifier certificate. All
16 other requirements with regard to master qualifier certificate
17 expiration, renewal, and continuing education shall apply.
18 (5) A vacancy in a qualifier or master qualifier
19 position in a business organization which results from the
20 departure of the qualifier shall be immediately reported to
21 the department. If a business organization no longer possesses
22 a duly designated qualifier, as required by this section, its
23 liquefied petroleum gas licenses shall be suspended by order
24 of the department after 20 working days and shall remain
25 suspended until a competent qualifier has been retained. A
26 vacancy in the qualifier position for a period of more than 20
27 working days shall be deemed to constitute an immediate threat
28 to the public health, safety, and welfare. Failure to obtain a
29 replacement qualifier within 60 days after the vacancy occurs
30 shall be grounds for revocation of licensure or eligibility
31 for licensure.
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1 (6) Any individual having competency qualifications on
2 file with the department may request the transfer of such
3 qualifications to any existing licenseholder by making a
4 written request to the department for such transfer. Any
5 individual having a competency examination on file with the
6 department may use such examination for a new license
7 application after making application in writing to the
8 department. All examinations are confidential and exempt from
9 the provisions of s. 119.07(1).
10 (7) If a duplicate license, qualifier card, or master
11 qualifier certificate is requested by the licensee, a fee of
12 $10 must be received before issuance of the duplicate license
13 or card. If a facsimile transmission of an original license
14 is requested, upon completion of the transmission a fee of $10
15 must be received by the department before the original license
16 may be mailed to the requester.
17 (8) All revenues collected herein shall be deposited
18 in the General Inspection Trust Fund for the purpose of
19 administering the provisions of this chapter.
20 Section 3. Section 527.0201, Florida Statutes, is
21 created to read:
22 527.0201 Qualifiers; master qualifiers;
23 examinations.--
24 (1) In addition to the requirements of s. 527.02, any
25 person applying for a license to engage in the activities of a
26 pipeline system operator, category I liquefied petroleum gas
27 dealer, category II liquefied petroleum gas dispenser,
28 category IV liquefied petroleum gas dispenser and recreational
29 vehicle servicer, category V liquefied petroleum gases dealer
30 for industrial uses only, LP gas installer, specialty
31 installer, requalification of cylinders, or fabricator,
12
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1 repairer, and tester of vehicles and cargo tanks must prove
2 competency by passing a written examination administered by
3 the department or its agent with a grade of 75 percent or
4 above. Each applicant for examination shall submit a $20
5 nonrefundable fee. The department shall by rule specify the
6 general areas of competency to be covered by each examination
7 and the relative weight to be assigned in grading each area
8 tested.
9 (2) Application for examination for competency may be
10 made by an individual or by an owner, a partner, or any person
11 employed by the license applicant. Upon successful completion
12 of the competency examination, the department shall issue a
13 qualifier identification card to the examinee.
14 (a) Qualifier identification cards, except those
15 issued to category I liquefied petroleum gas dealers and
16 liquefied petroleum gas installers, shall remain in effect as
17 long as the individual shows to the department proof of active
18 employment in the area of examination and all continuing
19 education requirements are met. Should the individual
20 terminate active employment in the area of examination for a
21 period exceeding 24 months, or fail to provide documentation
22 of continuing education, the individual's qualifier status
23 shall automatically expire. If the qualifier status has
24 expired, the individual must apply for and successfully
25 complete an examination by the department in order to
26 reestablish qualifier status.
27 (b) Every business organization shall employ at all
28 times a full-time qualifier who has successfully completed an
29 examination in the corresponding category of the license held
30 by the business organization. A person may not act as a
31 qualifier for more than one licensed location.
13
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1 (3) Qualifier cards issued to category I liquefied
2 petroleum gas dealers and liquefied petroleum gas installers
3 shall expire 3 years after the date of issuance. All category
4 I liquefied petroleum gas dealer qualifiers and liquefied
5 petroleum gas installer qualifiers holding a valid qualifier
6 card upon the effective date of this act shall retain their
7 qualifier status until July 1, 2003, and may sit for the
8 master qualifier examination at any time during that time
9 period. All such category I liquefied petroleum gas dealer
10 qualifiers and liquefied petroleum gas installer qualifiers
11 may renew their qualification on or before July 1, 2003, upon
12 application to the department, payment of a $20 renewal fee,
13 and documentation of the completion of a minimum of 12 hours
14 approved continuing education courses, as defined by
15 department rule, during the previous 3-year period.
16 Applications for renewal must be made 30 calendar days prior
17 to expiration. Persons failing to renew prior to the
18 expiration date must reapply and take a qualifier competency
19 examination in order to reestablish category I liquefied
20 petroleum gas dealer qualifier and liquefied petroleum gas
21 installer qualifier status. If a category I liquefied
22 petroleum gas qualifier or liquefied petroleum gas installer
23 qualifier becomes a master qualifier at any time during the
24 effective date of the qualifier card, the card shall remain in
25 effect until expiration of the master qualifier certification.
26 (4) A qualifier for a business organization involved
27 in installation, repair, maintenance, or service of liquefied
28 petroleum gas appliances, equipment, or systems must actually
29 function in a supervisory capacity of other company employees
30 installing, repairing, maintaining, or servicing liquefied
31 petroleum gas appliances, equipment, or systems. A separate
14
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1 qualifier shall be required for every 10 such employees.
2 Additional qualifiers are required for those business
3 organizations employing more than 10 employees that install,
4 repair, maintain, or service liquefied petroleum gas equipment
5 and systems.
6 (5) In addition to all other licensing requirements,
7 each category I liquefied petroleum gas dealer and liquefied
8 petroleum gas installer must, at the time of application for
9 licensure, identify to the department one master qualifier who
10 is a full-time employee at the licensed location. This person
11 shall be a manager, owner, or otherwise primarily responsible
12 for overseeing the operations of the licensed location and
13 must provide documentation to the department as provided by
14 rule. The master qualifier requirement shall be in addition to
15 the requirements of subsection (1).
16 (a) In order to apply for certification as a master
17 qualifier, each applicant must be a category I liquefied
18 petroleum gas dealer qualifier or liquefied petroleum gas
19 installer qualifier, must be employed by a licensed category I
20 liquefied petroleum gas dealer, liquefied petroleum gas
21 installer, or applicant for such license, must provide
22 documentation of a minimum of 1 year's work experience in the
23 gas industry, and must pass a master qualifier competency
24 examination. Master qualifier examinations shall be based on
25 Florida's laws, rules, and adopted codes governing liquefied
26 petroleum gas safety, general industry safety standards, and
27 administrative procedures. The examination must be
28 successfully completed by the applicant with a grade of 75
29 percent or more. Each applicant for master qualifier status
30 shall submit to the department a nonrefundable $30 examination
31 fee prior to the examination.
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1 (b) Upon successful completion of the master qualifier
2 examination, the department shall issue the examinee a
3 certificate of master qualifier status which shall include the
4 name of the licensed company for which the master qualifier is
5 employed. A master qualifier may transfer from one
6 licenseholder to another upon becoming employed by the company
7 and providing a written request to the department.
8 (c) Master qualifier status shall expire 3 years after
9 the date of issuance of the certificate and may be renewed by
10 submission to the department of documentation of completion of
11 at least 12 hours of approved continuing education courses
12 during the 3-year period; proof of employment with a licensed
13 category I liquefied petroleum gas dealer, liquefied petroleum
14 gas installer, or applicant; and a $30 certificate renewal
15 fee. The department shall define, by rule, approved courses of
16 continuing education.
17 (d) Each category I liquefied petroleum gas dealer or
18 liquefied petroleum gas installer licensed as of August 31,
19 2000, shall identify to the department one current category I
20 liquefied petroleum gas dealer qualifier or liquefied
21 petroleum gas installer qualifier who will be the designated
22 master qualifier for the licenseholder. Such individual must
23 provide proof of employment for 3 years or more within the
24 liquefied petroleum gas industry, and shall, upon approval of
25 the department, be granted a master qualifier certificate. All
26 other requirements with regard to master qualifier certificate
27 expiration, renewal, and continuing education shall apply.
28 (6) A vacancy in a qualifier or master qualifier
29 position in a business organization which results from the
30 departure of the qualifier or master qualifier shall be
31
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1 immediately reported to the department by the departing
2 qualifier or master qualifier and the licensed company.
3 (a) If a business organization no longer possesses a
4 duly designated qualifier, as required by this section, its
5 liquefied petroleum gas licenses shall be suspended by order
6 of the department after 20 working days. The license shall
7 remain suspended until a competent qualifier has been
8 employed, the order of suspension terminated by the
9 department, and the license reinstated. A vacancy in the
10 qualifier position for a period of more than 20 working days
11 shall be deemed to constitute an immediate threat to the
12 public health, safety, and welfare. Failure to obtain a
13 replacement qualifier within 60 days after the vacancy occurs
14 shall be grounds for revocation of licensure or eligibility
15 for licensure.
16 (b) Any category I liquefied petroleum gas dealer or
17 LP gas installer who no longer possesses a master qualifier
18 but currently employs a category I liquefied petroleum gas
19 dealer or LP gas installer qualifier as required by this
20 section, shall have 60 days within which to replace the master
21 qualifier. If the company fails to replace the master
22 qualifier within the 60-day time period, the license of the
23 company shall be suspended by order of the department. The
24 license shall remain suspended until a competent master
25 qualifier has been employed, the order of suspension has been
26 terminated by the department, and the license reinstated.
27 Failure to obtain a replacement master qualifier within 90
28 days after the vacancy occurs shall be grounds for revocation
29 of licensure or eligibility for licensure.
30
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1 (7) The department may deny, refuse to renew, suspend,
2 or revoke any qualifier card or master qualifier certificate
3 for any of the following causes:
4 (a) Violation of any provision of this chapter or any
5 rule or order of the department;
6 (b) Falsification of records relating to the qualifier
7 card or master qualifier certificate; or
8 (c) Failure to meet any of the renewal requirements.
9 (8) Any individual having competency qualifications on
10 file with the department may request the transfer of such
11 qualifications to any existing licenseholder by making a
12 written request to the department for such transfer. Any
13 individual having a competency examination on file with the
14 department may use such examination for a new license
15 application after making application in writing to the
16 department. All examinations are confidential and exempt from
17 the provisions of s. 119.07(1).
18 (9) If a duplicate license, qualifier card, or master
19 qualifier certificate is requested by the licensee, a fee of
20 $10 must be received before issuance of the duplicate license
21 or card. If a facsimile transmission of an original license
22 is requested, upon completion of the transmission a fee of $10
23 must be received by the department before the original license
24 may be mailed to the requester.
25 (10) All revenues collected herein shall be deposited
26 in the General Inspection Trust Fund for the purpose of
27 administering the provisions of this chapter.
28 Section 4. Subsection (4) of section 527.06, Florida
29 Statutes, is amended to read:
30 527.06 Rules.--
31
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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 for each such violation
11 for each day that such violation persists, except that the
12 maximum civil penalty shall not exceed $500,000, in aggregate,
13 for any related series of violations. Any such civil penalty
14 may be compromised by the department. In determining the
15 amount of such penalty or the amount agreed upon in
16 compromise, the appropriateness of such penalty to the size of
17 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. 527.0201 s. 527.02.
25 Section 5. Subsection (1) of section 527.065, Florida
26 Statutes, is amended to read:
27 527.065 Notification of accidents; leak calls.--
28 (1) Immediately upon discovery, all liquefied
29 petroleum gas licensees shall notify the department of any
30 liquefied petroleum gas-related gas related accident involving
31
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1 a liquefied petroleum gas licensee company or customer account
2 which:
3 (a) Which caused a death or personal injury requiring
4 professional medical treatment;
5 (b) Where Resulted in the uncontrolled ignition of
6 liquefied petroleum gas resulted in death, personal injury, or
7 property damage exceeding $1,000; or
8 (c) Which caused estimated damage to property
9 exceeding $1,000.
10 Section 6. Subsection (1) of section 527.11, Florida
11 Statutes, is amended to read:
12 527.11 Minimum storage.--
13 (1) Every person who engages in the distribution of
14 liquefied petroleum gas for resale to domestic, commercial, or
15 industrial consumers as a prerequisite to obtaining a
16 liquefied petroleum gas license shall install, own, or lease a
17 bulk storage filling plant of not less than 18,000 gallons
18 (water capacity) within the state and shall be located within
19 a 75-mile radius of the licensed company's business location.
20 This bulk storage filling plant must have loading and
21 unloading provisions solely for the licenseholder and be
22 operated and maintained in compliance with this chapter for
23 the duration of the license.
24 Section 7. Section 527.13, Florida Statutes, is
25 amended to read:
26 527.13 Administrative fines and warning letters
27 fine.--
28 (1) If any person violates any provision of this
29 chapter or any rule adopted pursuant thereto or a cease and
30 desist order, the department may impose a civil or
31 administrative penalties penalty not to exceed $3,000 for each
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1 offense, or suspend or revoke the license or qualification
2 issued to such person, or any of the foregoing. The cost of
3 the proceedings to enforce this chapter may be added to any
4 penalty imposed. The department may allow the licensee a
5 reasonable period, not to exceed 90 30 days, within which to
6 pay to the department the amount of the penalty so imposed.
7 If the licensee fails to pay the penalty in its entirety to
8 the department at its office at Tallahassee within the period
9 so allowed, the licenses of the licensee shall stand revoked
10 upon expiration of such period.
11 (2) If any license expires while administrative
12 charges are pending against the license, the proceedings
13 against the license shall continue to conclusion as if the
14 license were still in effect.
15 (3) In lieu of an administrative or civil penalty in
16 subsection (1) of this section, the department may issue a
17 warning letter to the license holder, master qualifier,
18 qualifier, or any person for a first violation.
19 (4)(3) All such fines, monetary penalties, and costs
20 received by the department shall be deposited in the General
21 Inspection Trust Fund for the purpose of administering the
22 provisions of this chapter.
23 Section 8. Paragraph (c) of subsection (2) of section
24 527.22, Florida Statutes, is amended to read:
25 527.22 Florida Propane Gas Education, Safety, and
26 Research Council established; membership; duties and
27 responsibilities.--
28 (2)
29 (c) Council members shall be appointed to staggered
30 terms of 4 years, except that, of the initial members
31 appointed, five shall be appointed for terms of 2 years, five
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1 shall be appointed for terms of 3 years, and five shall be
2 appointed for terms of 4 years. Members may serve a maximum of
3 two consecutive full terms. Former council members may be
4 reappointed to the council if they have not been members for a
5 period of 2 years. Vacancies in unexpired terms of council
6 members may be filled by the council subject to approval of
7 the commissioner. Members filling unexpired terms may serve a
8 maximum of 7 consecutive years.
9 Section 9. Section 559.904, Florida Statutes, is
10 amended to read:
11 559.904 Motor vehicle repair shop registration;
12 application; exemption.--
13 (1) Each motor vehicle repair shop engaged or
14 attempting to engage in the business of motor vehicle repair
15 work must register with the department prior to doing business
16 in this state. The application for registration must be on a
17 form provided by the department and must include at least the
18 following information:
19 (a) The name of the applicant.
20 (b) The name under which the applicant is doing
21 business.
22 (c) The business address at which the applicant
23 performs repair work or in the case of a mobile motor vehicle
24 repair shop, the home address of the owner, if different from
25 the business address.
26 (d) Copies of all licenses, permits, and
27 certifications obtained by the applicant or employees of the
28 applicant.
29 (e) Number of employees which the applicant intends to
30 employ or which are currently employed.
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1 (2) Any motor vehicle repair shop maintaining more
2 than one place of business may file a single application
3 biennially annually, which, along with the other information
4 required by this part, clearly indicates the location of and
5 the individual in charge of each facility or in the case of a
6 mobile motor vehicle repair shop, the home address of the
7 owner, if different from the business address. In such case,
8 fees shall be paid for each place of business.
9 (3) Each application for registration must be
10 accompanied by a registration fee calculated on a per-year
11 basis set forth as follows:
12 (a) If the place of business has 1 to 5 employees:
13 $50.
14 (b) If the place of business has 6 to 10 employees:
15 $150.
16 (c) If the place of business has 11 or more employees:
17 $300.
18 (4) Each initial and renewal application for
19 registration must be accompanied by copies of the applicant's
20 estimate and invoice forms. Each renewal application for
21 registration must be accompanied by copies of the applicant's
22 estimate and invoice forms only if the original forms filed by
23 the applicant are changed, altered, or revised. Such forms
24 must comply with the applicable provisions of this act before
25 a registration may be issued.
26 (5) No biennial annual registration fee is required
27 for any motor vehicle repair shop which has a local municipal
28 or county license issued pursuant to an ordinance containing
29 standards which the department determines are at least equal
30 to the requirements of this part, or for any motor vehicle
31 dealer licensed pursuant to chapter 320.
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1 (6) The department shall issue to each applicant a
2 registration certificate in the form and size as prescribed by
3 the department in accordance with s. 120.60. In the case of an
4 applicant with more than one place of business, the department
5 shall issue a registration certificate for each place of
6 business. The certificate must show at least the name and
7 address of the motor vehicle repair shop and the registration
8 number for that place of business. In the case of a mobile
9 motor vehicle repair shop, the certificate must show the home
10 address of the owner, if different from the business address.
11 (7) Any person applying for or renewing a local
12 occupational license on or after October 1, 1993, to engage in
13 business as a motor vehicle repair shop must exhibit an active
14 registration certificate or active affidavit of exemption
15 proof of filing certificate from the department before the
16 local occupational license may be issued or renewed.
17 (8) Each registration must be renewed biennially
18 annually on or before the expiration date of the current
19 registration. A late fee of $25 shall be paid, in addition to
20 the registration fee or any other penalty, for any
21 registration renewal application that is received by the
22 department after the expiration date of the current
23 registration. The department may not issue the registration
24 until all fees are paid.
25 (9) No annual registration application or fee is
26 required for an individual with no employees and no
27 established place of business. In the case of a mobile motor
28 vehicle repair shop, the established place of business shall
29 be considered the home address of the owner, if different than
30 the business address.
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1 (10) The department may deny, revoke, or refuse to
2 renew the registration of a motor vehicle repair shop based
3 upon a determination that the motor vehicle repair shop, or
4 any of its directors, officers, owners, or general partners:
5 (a) Have failed to meet the requirements for
6 registration as provided in this part;
7 (b) Have not satisfied a civil fine, administrative
8 fine, or other penalty arising out of any administrative or
9 enforcement action brought by any governmental agency based
10 upon conduct involving fraud, dishonest dealing, or any
11 violation of this part;
12 (c) Have had against them any civil, criminal, or
13 administrative adjudication in any jurisdiction, based upon
14 conduct involving fraud, dishonest dealing, or any violation
15 of this part; or
16 (d) Have had a judgment entered against them in any
17 action brought by the department or the state attorney
18 pursuant to ss. 501.201-501.213 or this part.
19 (11) The department shall post a prominent "Closed by
20 Order of the Department" sign on any motor vehicle repair shop
21 that has had its registration suspended or revoked. The
22 department shall also post a sign on any motor vehicle repair
23 shop that has been judicially or administratively determined
24 to be operating without a registration. It is a misdemeanor of
25 the second degree, punishable as provided in s. 775.082 or s.
26 775.083, for any person to deface such sign or remove such
27 sign without written authorization by the department or for
28 any motor vehicle repair shop to open for operation without a
29 registration or to open for operation as a motor vehicle
30 repair shop while its registration is suspended or revoked.
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1 The department may impose administrative sanctions provided
2 for in s. 559.921(4) for violations of this subsection.
3 (12) In order to implement the biennial registration
4 requirements set forth in this section, the department has
5 rulemaking authority to stagger the registrations over a
6 2-year period. This subsection expires June 30, 2005.
7 Section 10. Subsection (6) of section 559.929, Florida
8 Statutes, is amended to read:
9 559.929 Security requirements.--
10 (6) The department may waive the bond, letter of
11 credit, or certificate of deposit requirement on an annual
12 basis if the seller of travel has had 5 or more consecutive
13 years of experience as a seller of travel in Florida in
14 compliance with this part, can demonstrate financial
15 responsibility in the submission of audited financial
16 statements or the prior year's federal income tax return, has
17 not had any civil, criminal, or administrative action
18 instituted against the seller of travel in the vacation and
19 travel business by any governmental agency or any action
20 involving fraud, theft, misappropriation of property, or moral
21 turpitude, and has a satisfactory consumer complaint history
22 with the department. Such waiver may be revoked if the seller
23 of travel violates any provision of this part.
24 Section 11. Paragraphs (g) and (h) are added to
25 subsection (4) of section 501.143, Florida Statutes, and
26 subsections (7), (8), and (10) of that section are reenacted
27 to read:
28 501.143 Dance Studio Act.--
29 (4) CONTRACT REQUIREMENTS.--Every contract for
30 ballroom dance studio services or lessons shall be in writing
31 and shall be subject to this section. All provisions,
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1 requirements, and prohibitions which are mandated by this
2 section shall be contained in the written contract before it
3 is signed by the customer. A copy of the signed contract
4 shall be given to the customer at the time the customer signs
5 the contract.
6 (g) A contract for ballroom dance studio services or
7 lessons may not be for a period in excess of 36 months and,
8 thereafter, is only renewable annually. Such renewal contracts
9 may not be executed nor may the fee therefor be paid until 60
10 days or less before the preceding contract expires.
11 (h) A ballroom dance studio may not, directly or
12 indirectly, make an oral or written representation that a
13 ballroom dance studio contract for future services is for a
14 lifetime, constitutes a perpetual membership, or is otherwise
15 for an indefinite term.
16 (7) PENALTIES; REMEDIES.--The following penalties and
17 remedies are available for enforcement of the provisions of
18 this section:
19 (a) The department shall have administrative authority
20 to issue a notice of noncompliance pursuant to s. 120.695 and
21 to suspend or revoke the registration of any ballroom dance
22 studio that violates any of the provisions of this section or
23 the rules adopted or orders issued pursuant to such rules.
24 Such ballroom dance studio may not engage in business while
25 the registration is revoked or suspended.
26 (b) The department may impose an administrative fine
27 not to exceed $5,000 per violation against any ballroom dance
28 studio that violates any of the provisions of this section or
29 the rules adopted or orders issued pursuant to this section.
30 (c) Notwithstanding the provisions of subsection (5),
31 the department may require any ballroom dance studio that has
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1 operated or is operating in violation of any of the provisions
2 of this section or the rules adopted or orders issued pursuant
3 to such rules to post security with the department in an
4 amount not to exceed $25,000.
5 (d) The department may proceed by injunction to
6 prevent any ballroom dance studio from doing business subject
7 to the provisions of this section until a performance bond,
8 letter of credit, or certificate of deposit is posted with the
9 department.
10 (e) The enforcing authority may seek a civil penalty
11 not to exceed $5,000 for each violation of this section or the
12 rules adopted or orders issued pursuant to such rules and may
13 institute a civil action in circuit court to recover any
14 penalties or damages allowed in this section and for
15 injunctive relief to enforce compliance with this section or
16 any rule or order of the department.
17 (f) The remedies provided in this section are in
18 addition to any other remedies available for the same conduct.
19 (8) CRIMINAL PENALTIES.--Any person which knowingly
20 violates this section commits a misdemeanor of the first
21 degree, punishable as provided in s. 775.082 or s. 775.083.
22 However, any person which knowingly conducts business as a
23 ballroom dance studio without registering annually with the
24 department commits a misdemeanor of the second degree,
25 punishable as provided in s. 775.082 or s. 775.083.
26 (10) ENFORCEMENT BY CUSTOMER.--Any customer injured by
27 a fraudulent act or fraudulent omission in violation of this
28 section may bring an action for the recovery of damages.
29 Judgment may be entered for three times the amount at which
30 the actual damages are assessed, plus costs and reasonable
31 attorney's fees.
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1 Section 12. Subsection (1) of section 507.03, Florida
2 Statutes, is amended to read:
3 507.03 Registration.--
4 (1) Each mover shall annually register with the
5 department, providing its legal business and trade name,
6 mailing address, and business locations; the full names,
7 addresses, and telephone numbers, and social security numbers
8 of its owners or corporate officers and directors and the
9 Florida agent of the corporation; a statement whether it is a
10 domestic or foreign corporation, its state and date of
11 incorporation, its charter number, and, if a foreign
12 corporation, the date it registered with the State of Florida,
13 and occupational license where applicable; the date on which a
14 mover registered its fictitious name if the mover is operating
15 under a fictitious or trade name; the name of all other
16 corporations, business entities, and trade names through which
17 each owner of the mover operated, was known, or did business
18 as a mover within the preceding 5 years; and proof of
19 insurance coverage as required by this act.
20 Section 13. Subsection (2) of section 507.04, Florida
21 Statutes, is amended to read:
22 507.04 Cargo legal liability valuation and insurance
23 coverage.--
24 (2) All insurance coverages required under subsection
25 (1) shall be issued by an insurance company or carrier duly
26 authorized to transact business in the State of Florida. The
27 department shall may require a mover to present a certificate
28 of insurance evidence of the required coverages prior to
29 issuance of a registration certificate, or renewal thereof,
30 under s. 507.03. The department shall be named as a
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1 certificate holder in the certificate and shall be notified at
2 least 30 days in advance of any changes in insurance coverage.
3 Section 14. Subsection (6) of section 501.212, Florida
4 Statutes, is amended to read:
5 501.212 Application.--This part does not apply to:
6 (6) An act or practice involving the sale, lease,
7 rental, or appraisal of real estate by a person licensed,
8 certified, or registered pursuant to chapter 475, which act or
9 practice violates s. 475.42 or s. 475.626.
10 Section 15. This act shall take effect upon becoming a
11 law.
12
13 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
14 Senate Bill 2462
15
16 Committee Substitute for Senate Bill 2462 is different from
Senate Bill 2462 in that it:
17
1. Provides rulemaking authority for the department to
18 stagger the registration of motor vehicle repair shops
over a two year period.
19
2. Deletes the requirement that movers provide social
20 security numbers for key personnel on their annual
registration.
21
3. Requires movers to designate the Department of
22 Agriculture and Consumer Services as a certificate holder
on its insurance policy.
23
4. Makes technical corrections.
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