Senate Bill sb0528

    Florida Senate - 2006                                   SB 528

    By Senator Geller





    31-605-06

  1                      A bill to be entitled

  2         An act relating to gasoline stations; creating

  3         s. 526.143, F.S.; requiring each retail

  4         gasoline station that is newly constructed or

  5         substantially renovated on or after a specified

  6         date to be equipped with a backup power system

  7         or alternative pumping system so that the

  8         station's fuel pumps may be operated in the

  9         event of a power outage; providing that the act

10         applies to a gasoline station that is located

11         on the grounds of, or owned by, another retail

12         establishment; providing certain exceptions;

13         providing a penalty; providing an effective

14         date.

15  

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

17  

18         Section 1.  Section 526.143, Florida Statutes, is

19  created to read:

20         526.143  Backup power or pumping system required for

21  certain gasoline stations.--

22         (1)  Each retail gasoline station that offers motor

23  fuel for sale to the public must be equipped with a backup

24  power system or other alternative pumping system so that the

25  station's fuel pumps may be operated in the event of a power

26  outage. The backup power system or other alternative pumping

27  system must be maintained and kept fully operational at all

28  times. This subsection applies to any retail gasoline station

29  that is newly constructed, or substantially renovated, and for

30  which a certificate of occupancy is issued on or after July 1,

31  2006. As used in this subsection, the term "substantially

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                                   SB 528
    31-605-06




 1  renovated" means a renovation that resulted in an increase in

 2  the assessed value of the retail gasoline station of greater

 3  than 50 percent.

 4         (2)(a)  Subsection (1) applies to any self-service

 5  gasoline station or full-service gasoline station regardless

 6  of whether the gasoline station is located on the grounds of,

 7  or is owned by, another retail business establishment that

 8  does not engage in the business of selling motor fuel.

 9         (b)  Subsection (1) does not apply to:

10         1.  An automobile dealer;

11         2.  A person who operates a fleet of motor vehicles; or

12         3.  A person who sells motor fuel exclusively to a

13  fleet of motor vehicles.

14         (3)  A violation of subsection (1) is a misdemeanor of

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

16  775.083.

17         Section 2.  This act shall take effect July 1, 2006.

18  

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20                          SENATE SUMMARY

21    Requires any retail gasoline station that is newly
      constructed or substantially renovated on or after July
22    1, 2006, to be equipped with a backup power system or
      other alternative fuel-pumping system. Defines the term
23    "substantially renovated." Provides an exception for
      automobile dealers, persons operating a fleet of motor
24    vehicles, and persons selling fuel exclusively to a fleet
      of motor vehicles. Provides a penalty.
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CODING: Words stricken are deletions; words underlined are additions.