Senate Bill sb2462e1

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    CS for SB 2462                                 First Engrossed



  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 I liquefied petroleum gas dealer";

  8         redefining the term "category II liquefied

  9         petroleum gas dispenser"; redefining the term

10         "LP gas installer"; redefining the term

11         "specialty installer"; defining the term

12         "category V liquefied petroleum gases dealer

13         for industrial uses only"; amending s. 527.02,

14         F.S.; providing for licensure of category V

15         liquefied petroleum gases dealers for

16         industrial uses only; providing license fees

17         for such dealers; creating s. 527.0201, F.S.;

18         providing for the examination of such dealers;

19         revising criteria for determining who may make

20         application for examination for competency;

21         providing that a person may not act as a

22         qualifier for more than one licensed location;

23         providing an additional prerequisite for

24         certification as a master qualifier; clarifying

25         procedures in the event of specified vacancies

26         in qualifier and master qualifier positions;

27         clarifying provisions relating to suspension of

28         a license if a business organization no longer

29         possesses a duly designated qualifier;

30         providing procedures relating to category I

31         liquefied petroleum gas dealers or LP gas


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    CS for SB 2462                                 First Engrossed



 1         installers who no longer possess a master

 2         qualifier but employ a category I liquefied

 3         petroleum gas dealer or LP gas installer

 4         qualifier; providing that the department may

 5         deny, refuse to renew, suspend, or revoke a

 6         qualifier card or master qualifier certificate

 7         for specified causes; amending s. 527.06, F.S.;

 8         conforming a cross-reference; amending s.

 9         527.065, F.S.; revising conditions under which

10         liquefied petroleum gas licensees must notify

11         the department of liquefied petroleum

12         gas-related accidents involving a customer

13         account; amending s. 527.11, F.S.; revising a

14         prerequisite to obtaining a liquefied petroleum

15         gas license; amending s. 527.13, F.S.;

16         authorizing the department to impose

17         administrative penalties and suspend or revoke

18         a qualification for violation of ch. 527, F.S.,

19         rules adopted pursuant thereto, or a cease and

20         desist order; increasing the period of time in

21         which licensees may pay penalties to the

22         department; authorizing the department to issue

23         a warning letter to licenseholders, master

24         qualifiers, qualifiers, or others in lieu of an

25         administrative or civil penalty for first

26         violations; amending s. 527.22, F.S.; revising

27         terms of membership of the Propane Gas

28         Education, Safety, and Research Council;

29         amending s. 559.904, F.S.; revising provisions

30         relating to applications, renewal applications,

31         registration, and registration fees with


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    CS for SB 2462                                 First Engrossed



 1         respect to motor vehicle repair shops; amending

 2         s. 559.929, F.S.; eliminating a condition under

 3         which the department may waive security

 4         requirements with respect to registration as a

 5         seller of travel; amending s. 501.143, F.S.;

 6         providing limitations on contracts for ballroom

 7         dance studio services, the renewal of such

 8         contracts, and oral or written representations

 9         with respect thereto; providing penalties,

10         remedies, and enforcement; amending s. 507.03,

11         F.S.; revising registration requirements for

12         moving services; amending s. 507.04, F.S.;

13         revising requirements with respect to insurance

14         coverage for moving services; providing an

15         effective date.

16  

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

18  

19         Section 1.  Paragraph (h) is added to subsection (5) of

20  section 527.01, Florida Statutes, subsections (6), (7), (10),

21  and (11) are amended, and subsection (19) is added to that

22  section, to read:

23         527.01  Definitions.--As used in this chapter:

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

25  competency examination administered by the department and is

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

27  following classifications:

28         (h)  Category V liquefied petroleum gases dealer for

29  industrial uses only.

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

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


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    CS for SB 2462                                 First Engrossed



 1  stationary location any liquefied petroleum gas to the

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

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

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

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

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

 7  appliances, and equipment for the use of liquefied petroleum

 8  or natural gas; any person installing carburetion equipment;

 9  or any person requalifying cylinders.

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

11  means any person engaging in the business of operating a

12  liquefied petroleum gas dispensing unit for the purpose of

13  serving liquid products to the ultimate consumer for

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

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

16  appliances, and equipment for the use of liquefied petroleum

17  gas, including maintaining a cylinder storage rack at the

18  licensed business location for the purpose of storing

19  cylinders filled by the licensed business for sale or use at a

20  later date engaging in the business of operating a cylinder

21  exchange unit.

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

23  engaged in the liquefied petroleum gas business and whose

24  services include the installation, servicing, altering, or

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

26  for the use of liquefied petroleum or natural gas and selling

27  or offering to sell, or leasing or offering to lease,

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

29  petroleum or natural gas.

30         (11)  "Specialty installer" means any person involved

31  in the installation, service, or repair of liquefied petroleum


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    CS for SB 2462                                 First Engrossed



 1  or natural gas appliances and equipment, 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, whose activities are limited to specific types of

 5  appliances and equipment as designated by department rule.

 6         (19)  "Category V liquefied petroleum gases dealer for

 7  industrial uses only" means any person engaged in the business

 8  of filling, selling, and transporting liquefied petroleum gas

 9  containers for use in welding, forklifts, or other industrial

10  applications.

11         Section 2.  Section 527.02, Florida Statutes, is

12  amended to read:

13         527.02  License; penalty; fees.--

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

15  state in the activities of a pipeline system operator,

16  category I liquefied petroleum gas dealer, category II

17  liquefied petroleum gas dispenser, category III liquefied

18  petroleum gas cylinder exchange operator, category IV

19  liquefied petroleum gas dispenser and recreational vehicle

20  servicer, category V liquefied petroleum gas dealer for

21  industrial uses only, LP gas installer, specialty installer,

22  dealer in liquefied petroleum gas appliances and equipment,

23  manufacturer of liquefied petroleum gas appliances and

24  equipment, requalifier of cylinders, or fabricator, repairer,

25  and tester of vehicles and cargo tanks without first obtaining

26  from the department a license to engage in one or more of

27  these businesses. The sale of liquefied petroleum gas

28  cylinders with a volume of 10 pounds water capacity or 4.2

29  pounds liquefied petroleum gas capacity or less is exempt from

30  the requirements of this chapter. It is a felony of the third

31  degree, punishable as provided in s. 775.082, s. 775.083, or


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    CS for SB 2462                                 First Engrossed



 1  s. 775.084, to intentionally or willfully engage in any of

 2  said activities without first obtaining appropriate licensure

 3  from the department.

 4         (2)  Each business location of a person having multiple

 5  locations shall be separately licensed and must meet the

 6  requirements of this section.  Such license shall be granted

 7  to any applicant determined by the department to be competent,

 8  qualified, and trustworthy who files with the department a

 9  surety bond, insurance affidavit, or other proof of insurance,

10  as hereinafter specified, and pays for such license the

11  following original application fee for new licenses and annual

12  renewal fees for existing licenses:

13  

14                                   Original            Renewal

15  License Category              Application Fee            Fee

16                                                      

17  

18    Category I liquefied

19  petroleum gas dealer.....................$525           $425

20    Category II liquefied

21  petroleum gas dispenser...................525            375

22    Category III liquefied

23  petroleum gas cylinder

24  exchange unit operator....................100             65

25    Category IV liquefied

26  petroleum gas dispenser and

27  recreational vehicle servicer.............525            400

28    Category V liquefied

29  petroleum gases dealer for industrial uses only

30  ..........................................300            200

31    LP gas installer........................300            200


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    CS for SB 2462                                 First Engrossed



 1    Specialty installer.....................300            200

 2    Dealer in appliances and equipment

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

 4    Manufacturer of liquefied petroleum

 5  gas appliances and equipment..............525            375

 6    Requalifier of cylinders................525            375

 7    Fabricator, repairer, and tester of

 8  vehicles and cargo tanks..................525            375

 9         (3)  Any applicant for original license whose

10  application is submitted during the last 6 months of the

11  license year may have the original license fee reduced by

12  one-half for the 6-month period. This provision shall apply

13  only to those companies applying for an original license and

14  shall not be applied to licensees who held a license during

15  the previous license year and failed to renew the license. The

16  department may refuse to issue an initial license to any

17  applicant who is under investigation in any jurisdiction for

18  an action that would constitute a violation of this chapter

19  until such time as the investigation is complete.

20         (4)(b)  Any person applying for a liquefied petroleum

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

22  527.01(11), shall upon application to the department identify

23  the specific area of work to be performed.  Upon completion of

24  all license requirements set forth in this chapter, the

25  department shall issue the applicant a license specifying the

26  scope of work, as identified by the applicant and defined by

27  rule of the department, for which the person is authorized.

28         (5)(c)  The license fee for a pipeline system operator

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

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

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


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    CS for SB 2462                                 First Engrossed



 1  petroleum gas pipeline system that is used to transmit

 2  liquefied petroleum gas from a common source to the ultimate

 3  customer and that serves 10 or more customers.

 4         (6)(d)  The department shall promulgate rules

 5  specifying acts deemed by the department to demonstrate a lack

 6  of trustworthiness to engage in activities requiring a license

 7  or qualifier identification card under this section.

 8         (7)(e)  Any license issued by the department may be

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

10  remainder of the current license year upon written request to

11  the department by the original licenseholder. Prior to

12  approval of any transfer, all licensing requirements of this

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

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

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

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

17  of a pipeline system operator, category I liquefied petroleum

18  gas dealer, category II liquefied petroleum gas dispenser,

19  category IV liquefied petroleum gas dispenser and recreational

20  vehicle servicer, LP gas installer, specialty installer,

21  requalification of cylinders, or fabricator, repairer, and

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

23  passing a written examination administered by the department

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

25  applicant for examination shall submit a $20 nonrefundable

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

27  competency to be covered by each examination and the relative

28  weight to be assigned in grading each area tested.

29         (a)  Application for examination for competency may be

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

31  in a supervisory capacity of the license applicant.  Upon


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    CS for SB 2462                                 First Engrossed



 1  successful completion of the competency examination, the

 2  department shall issue a qualifier identification card to the

 3  examinee. Qualifier identification cards, except those issued

 4  to category I liquefied petroleum gas dealers and liquefied

 5  petroleum gas installers, shall remain in effect as long as

 6  the individual shows to the department proof of active

 7  employment in the area of examination and all continuing

 8  education requirements are met. Should the individual

 9  terminate active employment in the area of examination for a

10  period exceeding 24 months, or fail to provide documentation

11  of continuing education, the individual's qualifier status

12  shall expire. The individual may reapply for examination by

13  the department in order to reestablish qualifier status.

14  Every business organization shall possess such a full-time

15  qualifier at all times who has successfully completed an

16  examination in the corresponding category of the license held

17  by the business organization.

18         (b)  Qualifier cards issued to category I liquefied

19  petroleum gas dealers and liquefied petroleum gas installers

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

21  I liquefied petroleum gas dealer qualifiers and liquefied

22  petroleum gas installer qualifiers holding a valid qualifier

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

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

25  master qualifier examination at any time during that time

26  period. Alternatively, all category I liquefied petroleum gas

27  dealer qualifiers and liquefied petroleum gas installer

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

29  2003, upon application to the department, payment of a $20

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

31  of 12 hours approved continuing education courses, as defined


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    CS for SB 2462                                 First Engrossed



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

 2  Applications for renewal must be made 30 calendar days prior

 3  to expiration. Persons failing to renew prior to the

 4  expiration date must reapply and take a qualifier competency

 5  examination in order to reestablish category I liquefied

 6  petroleum gas dealer qualifier and liquefied petroleum gas

 7  installer qualifier status. If a category I liquefied

 8  petroleum gas qualifier or liquefied petroleum gas installer

 9  qualifier becomes a master qualifier at any time during the

10  effective date of the qualifier card, the card shall remain in

11  effect until expiration of the master qualifier certification.

12         (3)  A qualifier for a business organization involved

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

14  petroleum gas appliances, equipment, or systems must actually

15  function in a supervisory capacity of other company employees

16  installing, repairing, maintaining, or servicing liquefied

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

18  qualifier shall be required for every 10 such employees.

19  Additional qualifiers are required for those business

20  organizations employing more than 10 employees that install,

21  repair, maintain, or service liquefied petroleum gas equipment

22  and systems.

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

24  each category I liquefied petroleum gas dealer and liquefied

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

26  licensure, identify to the department one master qualifier who

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

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

29  for overseeing the operations of the licensed location and

30  must provide documentation to the department as provided by

31  


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    CS for SB 2462                                 First Engrossed



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

 2  the requirements of subsection (2).

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

 4  qualifier, each applicant must be a category I liquefied

 5  petroleum gas dealer qualifier or liquefied petroleum gas

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

 7  liquefied petroleum gas dealer, liquefied petroleum gas

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

 9  master qualifier competency examination. Master qualifier

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

11  adopted codes governing liquefied petroleum gas safety,

12  general industry safety standards, and administrative

13  procedures. The examination must be successfully completed by

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

15  applicant for master qualifier status shall submit to the

16  department a nonrefundable $30 examination fee prior to the

17  examination.

18         (b)  Upon successful completion of the master qualifier

19  examination, the department shall issue the examinee a

20  certificate of master qualifier status which shall include the

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

22  employed. A master qualifier may transfer from one

23  licenseholder to another upon becoming employed by the company

24  and providing a written request to the department.

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

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

27  submission to the department of documentation of completion of

28  at least 12 hours of approved continuing education courses

29  during the 3-year period; proof of employment with a licensed

30  category I liquefied petroleum gas dealer, liquefied petroleum

31  gas installer, or applicant; and a $30 certificate renewal


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    CS for SB 2462                                 First Engrossed



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

 2  continuing education.

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

 4  liquefied petroleum gas installer licensed as of August 31,

 5  2000, shall identify to the department one current category I

 6  liquefied petroleum gas dealer qualifier or liquefied

 7  petroleum gas installer qualifier who will be the designated

 8  master qualifier for the licenseholder. Such individual must

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

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

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

12  other requirements with regard to master qualifier certificate

13  expiration, renewal, and continuing education shall apply.

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

15  position in a business organization which results from the

16  departure of the qualifier shall be immediately reported to

17  the department. If a business organization no longer possesses

18  a duly designated qualifier, as required by this section, its

19  liquefied petroleum gas licenses shall be suspended by order

20  of the department after 20 working days and shall remain

21  suspended until a competent qualifier has been retained. A

22  vacancy in the qualifier position for a period of more than 20

23  working days shall be deemed to constitute an immediate threat

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

25  replacement qualifier within 60 days after the vacancy occurs

26  shall be grounds for revocation of licensure or eligibility

27  for licensure.

28         (6)  Any individual having competency qualifications on

29  file with the department may request the transfer of such

30  qualifications to any existing licenseholder by making a

31  written request to the department for such transfer. Any


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    CS for SB 2462                                 First Engrossed



 1  individual having a competency examination on file with the

 2  department may use such examination for a new license

 3  application after making application in writing to the

 4  department. All examinations are confidential and exempt from

 5  the provisions of s. 119.07(1).

 6         (7)  If a duplicate license, qualifier card, or master

 7  qualifier certificate is requested by the licensee, a fee of

 8  $10 must be received before issuance of the duplicate license

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

10  is requested, upon completion of the transmission a fee of $10

11  must be received by the department before the original license

12  may be mailed to the requester.

13         (8)  All revenues collected herein shall be deposited

14  in the General Inspection Trust Fund for the purpose of

15  administering the provisions of this chapter.

16         Section 3.  Section 527.0201, Florida Statutes, is

17  created to read:

18         527.0201  Qualifiers; master qualifiers;

19  examinations.--

20         (1)  In addition to the requirements of s. 527.02, any

21  person applying for a license to engage in the activities of a

22  pipeline system operator, category I liquefied petroleum gas

23  dealer, category II liquefied petroleum gas dispenser,

24  category IV liquefied petroleum gas dispenser and recreational

25  vehicle servicer, category V liquefied petroleum gases dealer

26  for industrial uses only, LP gas installer, specialty

27  installer, requalification of cylinders, or fabricator,

28  repairer, and tester of vehicles and cargo tanks must prove

29  competency by passing a written examination administered by

30  the department or its agent with a grade of 75 percent or

31  above. Each applicant for examination shall submit a $20


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    CS for SB 2462                                 First Engrossed



 1  nonrefundable fee. The department shall by rule specify the

 2  general areas of competency to be covered by each examination

 3  and the relative weight to be assigned in grading each area

 4  tested.

 5         (2)  Application for examination for competency may be

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

 7  employed by the license applicant.  Upon successful completion

 8  of the competency examination, the department shall issue a

 9  qualifier identification card to the examinee.

10         (a)  Qualifier identification cards, except those

11  issued to category I liquefied petroleum gas dealers and

12  liquefied petroleum gas installers, shall remain in effect as

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

14  employment in the area of examination and all continuing

15  education requirements are met. Should the individual

16  terminate active employment in the area of examination for a

17  period exceeding 24 months, or fail to provide documentation

18  of continuing education, the individual's qualifier status

19  shall automatically expire. If the qualifier status has

20  expired, the individual must apply for and successfully

21  complete an examination by the department in order to

22  reestablish qualifier status.

23         (b)  Every business organization shall employ at all

24  times a full-time qualifier who has successfully completed an

25  examination in the corresponding category of the license held

26  by the business organization. A person may not act as a

27  qualifier for more than one licensed location.

28         (3)  Qualifier cards issued to category I liquefied

29  petroleum gas dealers and liquefied petroleum gas installers

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

31  I liquefied petroleum gas dealer qualifiers and liquefied


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    CS for SB 2462                                 First Engrossed



 1  petroleum gas installer qualifiers holding a valid qualifier

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

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

 4  master qualifier examination at any time during that time

 5  period. All such category I liquefied petroleum gas dealer

 6  qualifiers and liquefied petroleum gas installer qualifiers

 7  may renew their qualification on or before July 1, 2003, upon

 8  application to the department, payment of a $20 renewal fee,

 9  and documentation of the completion of a minimum of 12 hours

10  approved continuing education courses, as defined by

11  department rule, during the previous 3-year period.

12  Applications for renewal must be made 30 calendar days prior

13  to expiration. Persons failing to renew prior to the

14  expiration date must reapply and take a qualifier competency

15  examination in order to reestablish category I liquefied

16  petroleum gas dealer qualifier and liquefied petroleum gas

17  installer qualifier status. If a category I liquefied

18  petroleum gas qualifier or liquefied petroleum gas installer

19  qualifier becomes a master qualifier at any time during the

20  effective date of the qualifier card, the card shall remain in

21  effect until expiration of the master qualifier certification.

22         (4)  A qualifier for a business organization involved

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

24  petroleum gas appliances, equipment, or systems must actually

25  function in a supervisory capacity of other company employees

26  installing, repairing, maintaining, or servicing liquefied

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

28  qualifier shall be required for every 10 such employees.

29  Additional qualifiers are required for those business

30  organizations employing more than 10 employees that install,

31  


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    CS for SB 2462                                 First Engrossed



 1  repair, maintain, or service liquefied petroleum gas equipment

 2  and systems.

 3         (5)  In addition to all other licensing requirements,

 4  each category I liquefied petroleum gas dealer and liquefied

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

 6  licensure, identify to the department one master qualifier who

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

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

 9  for overseeing the operations of the licensed location and

10  must provide documentation to the department as provided by

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

12  the requirements of subsection (1).

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

14  qualifier, each applicant must be a category I liquefied

15  petroleum gas dealer qualifier or liquefied petroleum gas

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

17  liquefied petroleum gas dealer, liquefied petroleum gas

18  installer, or applicant for such license, must provide

19  documentation of a minimum of 1 year's work experience in the

20  gas industry, and must pass a master qualifier competency

21  examination. Master qualifier examinations shall be based on

22  Florida's laws, rules, and adopted codes governing liquefied

23  petroleum gas safety, general industry safety standards, and

24  administrative procedures. The examination must be

25  successfully completed by the applicant with a grade of 75

26  percent or more. Each applicant for master qualifier status

27  shall submit to the department a nonrefundable $30 examination

28  fee prior to the examination.

29         (b)  Upon successful completion of the master qualifier

30  examination, the department shall issue the examinee a

31  certificate of master qualifier status which shall include the


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    CS for SB 2462                                 First Engrossed



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

 2  employed. A master qualifier may transfer from one

 3  licenseholder to another upon becoming employed by the company

 4  and providing a written request to the department.

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

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

 7  submission to the department of documentation of completion of

 8  at least 12 hours of approved continuing education courses

 9  during the 3-year period; proof of employment with a licensed

10  category I liquefied petroleum gas dealer, liquefied petroleum

11  gas installer, or applicant; and a $30 certificate renewal

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

13  continuing education.

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

15  liquefied petroleum gas installer licensed as of August 31,

16  2000, shall identify to the department one current category I

17  liquefied petroleum gas dealer qualifier or liquefied

18  petroleum gas installer qualifier who will be the designated

19  master qualifier for the licenseholder. Such individual must

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

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

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

23  other requirements with regard to master qualifier certificate

24  expiration, renewal, and continuing education shall apply.

25         (6)  A vacancy in a qualifier or master qualifier

26  position in a business organization which results from the

27  departure of the qualifier or master qualifier shall be

28  immediately reported to the department by the departing

29  qualifier or master qualifier and the licensed company.

30         (a)  If a business organization no longer possesses a

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


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    CS for SB 2462                                 First Engrossed



 1  liquefied petroleum gas licenses shall be suspended by order

 2  of the department after 20 working days. The license shall

 3  remain suspended until a competent qualifier has been

 4  employed, the order of suspension terminated by the

 5  department, and the license reinstated. A vacancy in the

 6  qualifier position for a period of more than 20 working days

 7  shall be deemed to constitute an immediate threat to the

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

 9  replacement qualifier within 60 days after the vacancy occurs

10  shall be grounds for revocation of licensure or eligibility

11  for licensure.

12         (b)  Any category I liquefied petroleum gas dealer or

13  LP gas installer who no longer possesses a master qualifier

14  but currently employs a category I liquefied petroleum gas

15  dealer or LP gas installer qualifier as required by this

16  section, shall have 60 days within which to replace the master

17  qualifier. If the company fails to replace the master

18  qualifier within the 60-day time period, the license of the

19  company shall be suspended by order of the department. The

20  license shall remain suspended until a competent master

21  qualifier has been employed, the order of suspension has been

22  terminated by the department, and the license reinstated.

23  Failure to obtain a replacement master qualifier within 90

24  days after the vacancy occurs shall be grounds for revocation

25  of licensure or eligibility for licensure.

26         (7)  The department may deny, refuse to renew, suspend,

27  or revoke any qualifier card or master qualifier certificate

28  for any of the following causes:

29         (a)  Violation of any provision of this chapter or any

30  rule or order of the department;

31  


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    CS for SB 2462                                 First Engrossed



 1         (b)  Falsification of records relating to the qualifier

 2  card or master qualifier certificate; or

 3         (c)  Failure to meet any of the renewal requirements.

 4         (8)  Any individual having competency qualifications on

 5  file with the department may request the transfer of such

 6  qualifications to any existing licenseholder by making a

 7  written request to the department for such transfer. Any

 8  individual having a competency examination on file with the

 9  department may use such examination for a new license

10  application after making application in writing to the

11  department. All examinations are confidential and exempt from

12  the provisions of s. 119.07(1).

13         (9)  If a duplicate license, qualifier card, or master

14  qualifier certificate is requested by the licensee, a fee of

15  $10 must be received before issuance of the duplicate license

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

17  is requested, upon completion of the transmission a fee of $10

18  must be received by the department before the original license

19  may be mailed to the requester.

20         (10)  All revenues collected herein shall be deposited

21  in the General Inspection Trust Fund for the purpose of

22  administering the provisions of this chapter.

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

24  Statutes, is amended to read:

25         527.06  Rules.--

26         (4)  Rules in substantial conformity with the published

27  standards in Title 49 of the Code of Federal Regulations

28  relative to liquefied petroleum gas pipelines shall be deemed

29  to be in substantial conformity with the generally accepted

30  standards of safety concerning the same subject matter.

31  Violation of any provision of the rules adopted pursuant to


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    CS for SB 2462                                 First Engrossed



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

 2  527.09. Any person who violates any provision of the rules

 3  adopted pursuant to this subsection shall be subject to a

 4  civil penalty not to exceed $25,000 for each such violation

 5  for each day that such violation persists, except that the

 6  maximum civil penalty shall not exceed $500,000, in aggregate,

 7  for any related series of violations. Any such civil penalty

 8  may be compromised by the department. In determining the

 9  amount of such penalty or the amount agreed upon in

10  compromise, the appropriateness of such penalty to the size of

11  the business of the person charged, the gravity of the

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

13  attempting to achieve compliance after notification of a

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

15  upon the real and personal property of such person and

16  enforceable by the department as statutory liens under chapter

17  85, the proceeds of which shall be deposited in the General

18  Inspection Trust Fund, as provided in s. 527.0201 s. 527.02.

19         Section 5.  Subsection (1) of section 527.065, Florida

20  Statutes, is amended to read:

21         527.065  Notification of accidents; leak calls.--

22         (1)  Immediately upon discovery, all liquefied

23  petroleum gas licensees shall notify the department of any

24  liquefied petroleum gas-related gas related accident involving

25  a liquefied petroleum gas licensee company or customer account

26  which:

27         (a)  Which caused a death or personal injury requiring

28  professional medical treatment;

29         (b)  Where Resulted in the uncontrolled ignition of

30  liquefied petroleum gas resulted in death, personal injury, or

31  property damage exceeding $1,000; or


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    CS for SB 2462                                 First Engrossed



 1         (c)  Which caused estimated damage to property

 2  exceeding $1,000.

 3         Section 6.  Subsection (1) of section 527.11, Florida

 4  Statutes, is amended to read:

 5         527.11  Minimum storage.--

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

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

 8  industrial consumers as a prerequisite to obtaining a

 9  liquefied petroleum gas license shall install, own, or lease a

10  bulk storage filling plant of not less than 18,000 gallons

11  (water capacity) within the state and shall be located within

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

13  This bulk storage filling plant must have loading and

14  unloading provisions solely for the licenseholder and be

15  operated and maintained in compliance with this chapter for

16  the duration of the license.

17         Section 7.  Section 527.13, Florida Statutes, is

18  amended to read:

19         527.13  Administrative fines and warning letters

20  fine.--

21         (1)  If any person violates any provision of this

22  chapter or any rule adopted pursuant thereto or a cease and

23  desist order, the department may impose a civil or

24  administrative penalties penalty not to exceed $3,000 for each

25  offense, or suspend or revoke the license or qualification

26  issued to such person, or any of the foregoing.  The cost of

27  the proceedings to enforce this chapter may be added to any

28  penalty imposed.  The department may allow the licensee a

29  reasonable period, not to exceed 90 30 days, within which to

30  pay to the department the amount of the penalty so imposed.

31  If the licensee fails to pay the penalty in its entirety to


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    CS for SB 2462                                 First Engrossed



 1  the department at its office at Tallahassee within the period

 2  so allowed, the licenses of the licensee shall stand revoked

 3  upon expiration of such period.

 4         (2)  If any license expires while administrative

 5  charges are pending against the license, the proceedings

 6  against the license shall continue to conclusion as if the

 7  license were still in effect.

 8         (3)  In lieu of an administrative or civil penalty in

 9  subsection (1) of this section, the department may issue a

10  warning letter to the license holder, master qualifier,

11  qualifier, or any person for a first violation.

12         (4)(3)  All such fines, monetary penalties, and costs

13  received by the department shall be deposited in the General

14  Inspection Trust Fund for the purpose of administering the

15  provisions of this chapter.

16         Section 8.  Paragraph (c) of subsection (2) of section

17  527.22, Florida Statutes, is amended to read:

18         527.22  Florida Propane Gas Education, Safety, and

19  Research Council established; membership; duties and

20  responsibilities.--

21         (2)

22         (c)  Council members shall be appointed to staggered

23  terms of 4 years, except that, of the initial members

24  appointed, five shall be appointed for terms of 2 years, five

25  shall be appointed for terms of 3 years, and five shall be

26  appointed for terms of 4 years. Members may serve a maximum of

27  two consecutive full terms. Former council members may be

28  reappointed to the council if they have not been members for a

29  period of 2 years. Vacancies in unexpired terms of council

30  members may be filled by the council subject to approval of

31  


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    CS for SB 2462                                 First Engrossed



 1  the commissioner. Members filling unexpired terms may serve a

 2  maximum of 7 consecutive years.

 3         Section 9.  Section 559.904, Florida Statutes, is

 4  amended to read:

 5         559.904  Motor vehicle repair shop registration;

 6  application; exemption.--

 7         (1)  Each motor vehicle repair shop engaged or

 8  attempting to engage in the business of motor vehicle repair

 9  work must register with the department prior to doing business

10  in this state. The application for registration must be on a

11  form provided by the department and must include at least the

12  following information:

13         (a)  The name of the applicant.

14         (b)  The name under which the applicant is doing

15  business.

16         (c)  The business address at which the applicant

17  performs repair work or in the case of a mobile motor vehicle

18  repair shop, the home address of the owner, if different from

19  the business address.

20         (d)  Copies of all licenses, permits, and

21  certifications obtained by the applicant or employees of the

22  applicant.

23         (e)  Number of employees which the applicant intends to

24  employ or which are currently employed.

25         (2)  Any motor vehicle repair shop maintaining more

26  than one place of business may file a single application

27  biennially annually, which, along with the other information

28  required by this part, clearly indicates the location of and

29  the individual in charge of each facility or in the case of a

30  mobile motor vehicle repair shop, the home address of the

31  


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    CS for SB 2462                                 First Engrossed



 1  owner, if different from the business address.  In such case,

 2  fees shall be paid for each place of business.

 3         (3)  Each application for registration must be

 4  accompanied by a registration fee calculated on a per-year

 5  basis set forth as follows:

 6         (a)  If the place of business has 1 to 5 employees:

 7  $50.

 8         (b)  If the place of business has 6 to 10 employees:

 9  $150.

10         (c)  If the place of business has 11 or more employees:

11  $300.

12         (4)  Each initial and renewal application for

13  registration must be accompanied by copies of the applicant's

14  estimate and invoice forms. Each renewal application for

15  registration must be accompanied by copies of the applicant's

16  estimate and invoice forms only if the original forms filed by

17  the applicant are changed, altered, or revised. Such forms

18  must comply with the applicable provisions of this act before

19  a registration may be issued.

20         (5)  No biennial annual registration fee is required

21  for any motor vehicle repair shop which has a local municipal

22  or county license issued pursuant to an ordinance containing

23  standards which the department determines are at least equal

24  to the requirements of this part, or for any motor vehicle

25  dealer licensed pursuant to chapter 320.

26         (6)  The department shall issue to each applicant a

27  registration certificate in the form and size as prescribed by

28  the department in accordance with s. 120.60. In the case of an

29  applicant with more than one place of business, the department

30  shall issue a registration certificate for each place of

31  business. The certificate must show at least the name and


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    CS for SB 2462                                 First Engrossed



 1  address of the motor vehicle repair shop and the registration

 2  number for that place of business. In the case of a mobile

 3  motor vehicle repair shop, the certificate must show the home

 4  address of the owner, if different from the business address.

 5         (7)  Any person applying for or renewing a local

 6  occupational license on or after October 1, 1993, to engage in

 7  business as a motor vehicle repair shop must exhibit an active

 8  registration certificate or active affidavit of exemption

 9  proof of filing certificate from the department before the

10  local occupational license may be issued or renewed.

11         (8)  Each registration must be renewed biennially

12  annually on or before the expiration date of the current

13  registration. A late fee of $25 shall be paid, in addition to

14  the registration fee or any other penalty, for any

15  registration renewal application that is received by the

16  department after the expiration date of the current

17  registration. The department may not issue the registration

18  until all fees are paid.

19         (9)  No annual registration application or fee is

20  required for an individual with no employees and no

21  established place of business. In the case of a mobile motor

22  vehicle repair shop, the established place of business shall

23  be considered the home address of the owner, if different than

24  the business address.

25         (10)  The department may deny, revoke, or refuse to

26  renew the registration of a motor vehicle repair shop based

27  upon a determination that the motor vehicle repair shop, or

28  any of its directors, officers, owners, or general partners:

29         (a)  Have failed to meet the requirements for

30  registration as provided in this part;

31  


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    CS for SB 2462                                 First Engrossed



 1         (b)  Have not satisfied a civil fine, administrative

 2  fine, or other penalty arising out of any administrative or

 3  enforcement action brought by any governmental agency based

 4  upon conduct involving fraud, dishonest dealing, or any

 5  violation of this part;

 6         (c)  Have had against them any civil, criminal, or

 7  administrative adjudication in any jurisdiction, based upon

 8  conduct involving fraud, dishonest dealing, or any violation

 9  of this part; or

10         (d)  Have had a judgment entered against them in any

11  action brought by the department or the state attorney

12  pursuant to ss. 501.201-501.213 or this part.

13         (11)  The department shall post a prominent "Closed by

14  Order of the Department" sign on any motor vehicle repair shop

15  that has had its registration suspended or revoked. The

16  department shall also post a sign on any motor vehicle repair

17  shop that has been judicially or administratively determined

18  to be operating without a registration. It is a misdemeanor of

19  the second degree, punishable as provided in s. 775.082 or s.

20  775.083, for any person to deface such sign or remove such

21  sign without written authorization by the department or for

22  any motor vehicle repair shop to open for operation without a

23  registration or to open for operation as a motor vehicle

24  repair shop while its registration is suspended or revoked.

25  The department may impose administrative sanctions provided

26  for in s. 559.921(4) for violations of this subsection.

27         (12)  In order to implement the biennial registration

28  requirements set forth in this section, the department has

29  rulemaking authority to stagger the registrations over a

30  2-year period. This subsection expires June 30, 2005.

31  


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    CS for SB 2462                                 First Engrossed



 1         Section 10.  Subsection (6) of section 559.929, Florida

 2  Statutes, is amended to read:

 3         559.929  Security requirements.--

 4         (6)  The department may waive the bond, letter of

 5  credit, or certificate of deposit requirement on an annual

 6  basis if the seller of travel has had 5 or more consecutive

 7  years of experience as a seller of travel in Florida in

 8  compliance with this part, can demonstrate financial

 9  responsibility in the submission of audited financial

10  statements or the prior year's federal income tax return, has

11  not had any civil, criminal, or administrative action

12  instituted against the seller of travel in the vacation and

13  travel business by any governmental agency or any action

14  involving fraud, theft, misappropriation of property, or moral

15  turpitude, and has a satisfactory consumer complaint history

16  with the department. Such waiver may be revoked if the seller

17  of travel violates any provision of this part.

18         Section 11.  Paragraphs (g) and (h) are added to

19  subsection (4) of section 501.143, Florida Statutes, and

20  subsections (7), (8), and (10) of that section are reenacted

21  to read:

22         501.143  Dance Studio Act.--

23         (4)  CONTRACT REQUIREMENTS.--Every contract for

24  ballroom dance studio services or lessons shall be in writing

25  and shall be subject to this section.  All provisions,

26  requirements, and prohibitions which are mandated by this

27  section shall be contained in the written contract before it

28  is signed by the customer.  A copy of the signed contract

29  shall be given to the customer at the time the customer signs

30  the contract.

31  


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    CS for SB 2462                                 First Engrossed



 1         (g)  A contract for ballroom dance studio services or

 2  lessons may not be for a period in excess of 36 months and,

 3  thereafter, is only renewable annually. Such renewal contracts

 4  may not be executed nor may the fee therefor be paid until 60

 5  days or less before the preceding contract expires.

 6         (h)  A ballroom dance studio may not, directly or

 7  indirectly, make an oral or written representation that a

 8  ballroom dance studio contract for future services is for a

 9  lifetime, constitutes a perpetual membership, or is otherwise

10  for an indefinite term.

11         (7)  PENALTIES; REMEDIES.--The following penalties and

12  remedies are available for enforcement of the provisions of

13  this section:

14         (a)  The department shall have administrative authority

15  to issue a notice of noncompliance pursuant to s. 120.695 and

16  to suspend or revoke the registration of any ballroom dance

17  studio that violates any of the provisions of this section or

18  the rules adopted or orders issued pursuant to such rules.

19  Such ballroom dance studio may not engage in business while

20  the registration is revoked or suspended.

21         (b)  The department may impose an administrative fine

22  not to exceed $5,000 per violation against any ballroom dance

23  studio that violates any of the provisions of this section or

24  the rules adopted or orders issued pursuant to this section.

25         (c)  Notwithstanding the provisions of subsection (5),

26  the department may require any ballroom dance studio that has

27  operated or is operating in violation of any of the provisions

28  of this section or the rules adopted or orders issued pursuant

29  to such rules to post security with the department in an

30  amount not to exceed $25,000.

31  


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    CS for SB 2462                                 First Engrossed



 1         (d)  The department may proceed by injunction to

 2  prevent any ballroom dance studio from doing business subject

 3  to the provisions of this section until a performance bond,

 4  letter of credit, or certificate of deposit is posted with the

 5  department.

 6         (e)  The enforcing authority may seek a civil penalty

 7  not to exceed $5,000 for each violation of this section or the

 8  rules adopted or orders issued pursuant to such rules and may

 9  institute a civil action in circuit court to recover any

10  penalties or damages allowed in this section and for

11  injunctive relief to enforce compliance with this section or

12  any rule or order of the department.

13         (f)  The remedies provided in this section are in

14  addition to any other remedies available for the same conduct.

15         (8)  CRIMINAL PENALTIES.--Any person which knowingly

16  violates this section commits a misdemeanor of the first

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18  However, any person which knowingly conducts business as a

19  ballroom dance studio without registering annually with the

20  department commits a misdemeanor of the second degree,

21  punishable as provided in s. 775.082 or s. 775.083.

22         (10)  ENFORCEMENT BY CUSTOMER.--Any customer injured by

23  a fraudulent act or fraudulent omission in violation of this

24  section may bring an action for the recovery of damages.

25  Judgment may be entered for three times the amount at which

26  the actual damages are assessed, plus costs and reasonable

27  attorney's fees.

28         Section 12.  Subsection (1) of section 507.03, Florida

29  Statutes, is amended to read:

30         507.03  Registration.--

31  


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    CS for SB 2462                                 First Engrossed



 1         (1)  Each mover shall annually register with the

 2  department, providing its legal business and trade name,

 3  mailing address, and business locations; the full names,

 4  addresses, and telephone numbers, and social security numbers

 5  of its owners or corporate officers and directors and the

 6  Florida agent of the corporation; a statement whether it is a

 7  domestic or foreign corporation, its state and date of

 8  incorporation, its charter number, and, if a foreign

 9  corporation, the date it registered with the State of Florida,

10  and occupational license where applicable; the date on which a

11  mover registered its fictitious name if the mover is operating

12  under a fictitious or trade name; the name of all other

13  corporations, business entities, and trade names through which

14  each owner of the mover operated, was known, or did business

15  as a mover within the preceding 5 years; and proof of

16  insurance coverage as required by this act.

17         Section 13.  Subsection (2) of section 507.04, Florida

18  Statutes, is amended to read:

19         507.04  Cargo legal liability valuation and insurance

20  coverage.--

21         (2)  All insurance coverages required under subsection

22  (1) shall be issued by an insurance company or carrier duly

23  authorized to transact business in the State of Florida. The

24  department shall may require a mover to present a certificate

25  of insurance evidence of the required coverages prior to

26  issuance of a registration certificate, or renewal thereof,

27  under s. 507.03. The department shall be named as a

28  certificate holder in the certificate and shall be notified at

29  least 30 days in advance of any changes in insurance coverage.

30         Section 14.  This act shall take effect upon becoming a

31  law.


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