Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2386
Barcode 841138
CHAMBER ACTION
Senate House
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03/21/2006 04:09 PM .
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11 The Committee on Domestic Security (Wilson) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 526.143, Florida Statutes, is
19 created to read:
20 526.143 Alternate generated power capacity for motor
21 fuel retail facilities.--
22 (1) Each newly constructed or substantially renovated
23 motor fuel retail outlet, as defined in s. 526.303, for which
24 a certificate of occupancy is issued on or after July 1, 2006,
25 shall be prewired with an appropriate transfer switch, and
26 capable of operating all fuel pumps, dispensing equipment,
27 life-safety systems, and payment-acceptance equipment using an
28 alternate generated power source. As used in this subsection,
29 the term "substantially renovated" means a renovation that
30 results in an increase of greater than 50 percent in the
31 assessed value of the motor fuel retail outlet. Local building
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2386
Barcode 841138
1 inspectors shall include this equipment and operations check
2 in the normal inspection process before issuing a certificate
3 of occupancy. Each retail outlet that is subject to this
4 subsection must keep a copy of the certificate of occupancy on
5 site or at its corporate headquarters. In addition, each
6 retail outlet must keep a written statement attesting to the
7 periodic testing of and ensured operational capability of the
8 equipment. The required documents must be made available, upon
9 request, to the Division of Emergency Management and the
10 director of the county emergency management agency.
11 (2)(a) No later than December 31, 2006, each motor
12 fuel retail outlet described in subparagraphs 1., 2., or 3.,
13 which is located within 1/2 mile proximate to an interstate
14 highway or state or federally designated evacuation route must
15 be prewired with an appropriate transfer switch and be capable
16 of operating all fuel pumps, dispensing equipment, life-safety
17 systems, and payment-acceptance equipment using an alternate
18 generated power source:
19 1. A motor fuel retail outlet located in a county
20 having a population of 300,000 or more which has 16 or more
21 fueling positions.
22 2. A motor fuel retail outlet located in a county
23 having a population of 100,000 or more, but fewer than
24 300,000, which has 12 or more fueling positions.
25 3. A motor fuel retail outlet located in a county
26 having a population of fewer than 100,000 which has eight or
27 more fueling positions.
28 (b) Installation of appropriate wiring and transfer
29 switch shall be performed by a certified electrical
30 contractor. Each retail outlet that is subject to this
31 subsection must keep a copy of the documentation of such
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2386
Barcode 841138
1 installation on site or at its corporate headquarters. In
2 addition, each retail outlet must keep a written statement
3 attesting to the periodic testing of and ensured operational
4 capacity of the equipment. The required documents must be made
5 available, upon request, to the Division of Emergency
6 Management and the director of the county emergency management
7 agency.
8 (3)(a) Subsections (1) and (2) apply to any
9 self-service, full-service, or combination self-service and
10 full-service motor fuel retail outlet regardless of whether
11 the retail outlet is located on the grounds of, or is owned
12 by, another retail business establishment that does not engage
13 in the business of selling motor fuel.
14 (b) Subsections (1) and (2) do not apply to:
15 1. An automobile dealer;
16 2. A person who operates a fleet of motor vehicles; or
17 3. A person who sells motor fuel exclusively to a
18 fleet of motor vehicles.
19 Section 2. (1) By January 1, 2007, the Division of
20 Emergency Management shall complete an inventory of generators
21 owned by the state and local governments which are capable of
22 operating during a major disaster. The inventory must
23 identify, at a minimum, the location of each generator, the
24 number of generators stored at each specific location, to
25 which agency the generators belong, the primary use of the
26 generator by the owner agency, and the names, addresses, and
27 telephone numbers of persons having the authority to loan the
28 stored generators as authorized by the Division of Emergency
29 Management during a declared emergency.
30 (2) The division shall maintain an inventory list of
31 generators owned by the state and local governments. In
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2386
Barcode 841138
1 addition, the division may keep a list of private entities,
2 along with appropriate contact information, which offer
3 generators for sale or lease. The list of private entities
4 shall be available to the public for inspection in written and
5 electronic formats.
6 Section 3. Regulation of alternate power supplies;
7 preemption by the state.--Notwithstanding any other law or
8 local ordinance and in order to ensure an appropriate
9 emergency management response to a major disaster in this
10 state, the regulation, requirements for siting, and placement
11 of alternate power source capabilities and equipment at a
12 motor fuel terminal facility, wholesaler, or retail sales
13 outlet are preempted to the state.
14 Section 4. If any provision of this act or its
15 application to any person or circumstance is held invalid, the
16 invalidity does not affect other provisions or applications of
17 the act which can be given effect without the invalid
18 provision or application, and to this end the provisions of
19 this act are severable.
20 Section 5. This act shall take effect July 1, 2006.
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23 ================ T I T L E A M E N D M E N T ===============
24 And the title is amended as follows:
25 Delete everything before the enacting clause
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27 and insert:
28 A bill to be entitled
29 An act relating to alternative power supplies
30 for retail motor fuel facilities; creating s.
31 526.143, F.S.; requiring new or substantially
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 2386
Barcode 841138
1 renovated motor fuel retail outlets, and other
2 motor fuel retail outlets meeting specified
3 criteria for size and location, to be capable
4 of operating with alternate generated power;
5 providing requirements for the installation of
6 such equipment; requiring that such businesses
7 maintain documentation of compliance; providing
8 exemptions; requiring the Division of Emergency
9 Management to complete an inventory of
10 generators owned by the state and local
11 governments; authorizing the division to
12 maintain a list of private entities offering
13 generators for sale or lease and make that list
14 available to the public; preempting regulation
15 of alternate power sources at a motor fuel
16 terminal facility, wholesaler, or motor fuel
17 retail outlet to the state; providing for
18 severability; providing an effective date.
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