| 1 | A bill to be entitled |
| 2 | An act relating to gasoline stations; creating s. 526.143, |
| 3 | F.S.; requiring each retail gasoline station that is newly |
| 4 | constructed or substantially renovated on or after a |
| 5 | specified date to be equipped with a backup power system |
| 6 | or alternative pumping system so that the station's fuel |
| 7 | pumps may be operated in the event of a power outage; |
| 8 | providing that the act applies to a gasoline station that |
| 9 | is located on the grounds of, or owned by, another retail |
| 10 | establishment; providing certain exceptions; providing a |
| 11 | penalty; providing an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Section 526.143, Florida Statutes, is created |
| 16 | to read: |
| 17 | 526.143 Backup power or pumping system required for |
| 18 | certain gasoline stations.-- |
| 19 | (1) Each retail gasoline station that offers motor fuel |
| 20 | for sale to the public must be equipped with a backup power |
| 21 | system or other alternative pumping system so that the station's |
| 22 | fuel pumps may be operated in the event of a power outage. The |
| 23 | backup power system or other alternative pumping system must be |
| 24 | maintained and kept fully operational at all times. This |
| 25 | subsection applies to any retail gasoline station that is newly |
| 26 | constructed, or substantially renovated, and for which a |
| 27 | certificate of occupancy is issued on or after July 1, 2006. As |
| 28 | used in this subsection, the term "substantially renovated" |
| 29 | means a renovation that resulted in an increase in the assessed |
| 30 | value of the retail gasoline station of greater than 50 percent. |
| 31 | (2)(a) Subsection (1) applies to any self-service gasoline |
| 32 | station or full-service gasoline station regardless of whether |
| 33 | the gasoline station is located on the grounds of, or is owned |
| 34 | by, another retail business establishment that does not engage |
| 35 | in the business of selling motor fuel. |
| 36 | (b) Subsection (1) does not apply to: |
| 37 | 1. An automobile dealer; |
| 38 | 2. A person who operates a fleet of motor vehicles; or |
| 39 | 3. A person who sells motor fuel exclusively to a fleet of |
| 40 | motor vehicles. |
| 41 | (3) A violation of subsection (1) is a misdemeanor of the |
| 42 | second degree, punishable as provided in s. 775.082 or s. |
| 43 | 775.083. |
| 44 | Section 2. This act shall take effect July 1, 2006. |