Senate Bill sb0528c2

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858

    By the Committees on Community Affairs; Domestic Security; and
    Senators Geller, Atwater, Diaz de la Portilla, Campbell,
    Bullard, Klein and Wilson



    578-2252-06

  1                      A bill to be entitled

  2         An act relating to emergency management;

  3         creating s. 212.099, F.S.; providing a sales

  4         tax credit for equipment and installation costs

  5         to retail dealers of motor fuel participating

  6         in the Florida Disaster Motor Fuel Supplier

  7         Program; creating s. 526.143, F.S.; requiring

  8         motor fuel terminal facilities, wholesalers,

  9         new or substantially renovated motor fuel

10         retail outlets, and other motor fuel retail

11         outlets meeting specified criteria for size and

12         location to be capable of operating with

13         alternate generated power; providing

14         requirements for the installation of such

15         equipment; requiring that such businesses

16         maintain documentation of compliance; providing

17         exemptions; creating the Florida Disaster Motor

18         Fuel Supplier Program within the Department of

19         Community Affairs; providing for motor fuel

20         retail outlets to participate in a network of

21         emergency responders; prescribing duties of

22         county emergency management agencies and the

23         Division of Emergency Management; prescribing

24         requirements to participate in the program;

25         providing for security at participating

26         outlets; exempting participating outlets from

27         curfew requirements; providing a state tax

28         credit for equipment and installation costs to

29         motor fuel retail outlets participating in the

30         program; preempting regulation of alternate

31         power sources at motor fuel terminal

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1         facilities, motor fuel wholesalers, and motor

 2         fuel retail sales outlets to the state;

 3         requiring the Division of Emergency Management

 4         to complete an inventory of generators owned by

 5         the state and local governments; authorizing

 6         the division to maintain a list of private

 7         entities offering generators for sale or lease

 8         and make that list available to the public;

 9         requiring that the Energy Office of the

10         Department of Environmental Protection review

11         the progress in postdisaster fuel supply

12         distribution and provide a report to the

13         Legislature; providing for severability;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 212.099, Florida Statutes, is

19  created to read:

20         212.099  Florida Disaster Motor Fuel Supplier Program

21  Tax Credit Program.--

22         (1)  Any retail dealer of motor fuel which has chosen

23  to participate in the Florida Disaster Motor Fuel Supplier

24  Program within the Department of Community Affairs may receive

25  a credit of up to 25 percent against the tax remitted under

26  this chapter, not to exceed $2,000, of the value of the cost

27  to install appropriate wiring and transfer switches required

28  to meet certification requirements established by the Division

29  of Emergency Management of the Department of Community Affairs

30  or by the director of the county emergency management agency.

31  In addition, the retail dealer may receive a credit of up to

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  25 percent against the tax remitted under this chapter, not to

 2  exceed $12,500, of the value of the purchase of a generator,

 3  permanently affixed to the site, required to meet these

 4  certification requirements.

 5         (a)  An application for the credit must be filed with

 6  the Division of Emergency Management to determine whether the

 7  purchase and installation of the generator meet certification

 8  requirements established by the Division of Emergency

 9  Management or by the director of the county emergency

10  management agency. The application for credit shall be

11  developed by the Division of Emergency Management in

12  consultation with the Department of Revenue.

13         (b)  The application, attested to under oath, must

14  include a sworn statement, under penalty of perjury, that the

15  credit is for the purpose of purchasing and installing wiring

16  and transfer switches or for purchasing a generator to comply

17  with the provision of the Florida Disaster Motor Fuel Supplier

18  Program to serve as an alternate power source to pump motor

19  and other fuels described in chapter 206 during an electrical

20  power outage in a county subject to an emergency as defined by

21  s. 252.34, which has been declared by the Governor pursuant to

22  s. 252.36, or declared by law.

23         (c)  Within 10 working days after receipt of a

24  completed application, the Division of Emergency Management

25  shall inform the applicant that the application has been

26  approved or denied and state the amount of the approved

27  credit.

28         (d)  Within 10 working days after approving an

29  application, the Division of Emergency Management shall

30  forward the amount of the approved credit and the prescribed

31  

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  information to properly establish the retail dealer's credit

 2  information with the Department of Revenue.

 3         (e)  Within 30 days after receipt from the Division of

 4  Emergency Management of the approved amount of the credit and

 5  the information required to properly establish the retail

 6  dealer's credit information, the Department of Revenue shall

 7  notify the retail dealer of any amount of credit the retail

 8  dealer is allowed and how the credit may be taken by the

 9  dealer.

10         (2)  Any person who knowingly and willfully gives false

11  information for the purpose of claiming reimbursement under

12  this section commits a misdemeanor of the first degree,

13  punishable as provided in s. 775.082, or by a fine not

14  exceeding $5,000, or both.

15         (3)  The department may adopt rules to establish

16  guidelines concerning the requisites for an affirmative

17  showing of qualification for the credit under this section.

18         Section 2.   Section 526.143, Florida Statutes, is

19  created to read:

20         526.143  Alternate generated power capacity for motor

21  fuel dispensing facilities.--

22         (1)  By June 1, 2007, each motor fuel terminal

23  facility, as defined in s. 526.303, and each wholesaler, as

24  defined in s. 526.303, which sells motor fuel in this state

25  must be capable of operating its distribution loading racks

26  using an alternate generated power source for a minimum of 72

27  hours. Pending a postdisaster examination of the equipment by

28  the operator to determine any extenuating damage that would

29  render it unsafe to use, the facility must have such alternate

30  generated power source available for operation no later than

31  36 hours after a major disaster as defined in s. 252.34.

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  Installation of appropriate wiring, including a transfer

 2  switch, shall be performed by a certified electrical

 3  contractor. Each business that is subject to this subsection

 4  must keep a copy of the documentation of such installation on

 5  site or at its corporate headquarters. In addition, each

 6  business must keep a written statement attesting to the

 7  periodic testing and ensured operational capacity 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)  Each newly constructed or substantially renovated

12  motor fuel retail outlet, as defined in s. 526.303, for which

13  a certificate of occupancy is issued on or after July 1, 2006,

14  shall be prewired with an appropriate transfer switch, and

15  capable of operating all fuel pumps, dispensing equipment,

16  life-safety systems, and payment-acceptance equipment using an

17  alternate generated power source. As used in this subsection,

18  the term "substantially renovated" means a renovation that

19  results in an increase of greater than 50 percent in the

20  assessed value of the motor fuel retail outlet. Local building

21  inspectors shall include this equipment and operations check

22  in the normal inspection process before issuing a certificate

23  of occupancy. Each retail outlet that is subject to this

24  subsection must keep a copy of the certificate of occupancy on

25  site or at its corporate headquarters. In addition, each

26  retail outlet must keep a written statement attesting to the

27  periodic testing of and ensured operational capability of the

28  equipment. The required documents must be made available, upon

29  request, to the Division of Emergency Management and the

30  director of the county emergency management agency.

31  

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1         (3)(a)  No later than June 1, 2007, each motor fuel

 2  retail outlet described in subparagraphs 1., 2., or 3., which

 3  is located within 1/2 mile proximate to an interstate highway

 4  or state or federally designated evacuation route must be

 5  prewired with an appropriate transfer switch and be capable of

 6  operating all fuel pumps, dispensing equipment, life-safety

 7  systems, and payment-acceptance equipment using an alternate

 8  generated power source:

 9         1.  A motor fuel retail outlet located in a county

10  having a population of 300,000 or more which has 16 or more

11  fueling positions.

12         2.  A motor fuel retail outlet located in a county

13  having a population of 100,000 or more, but fewer than

14  300,000, which has 12 or more fueling positions.

15         3.  A motor fuel retail outlet located in a county

16  having a population of fewer than 100,000 which has eight or

17  more fueling positions.

18         (b)  Installation of appropriate wiring and transfer

19  switches must be performed by a certified electrical

20  contractor. Each retail outlet that is subject to this

21  subsection must keep a copy of the documentation of such

22  installation on site or at its corporate headquarters. In

23  addition, each retail outlet must keep a written statement

24  attesting to the periodic testing of and ensured operational

25  capacity of the equipment. The required documents must be made

26  available, upon request, to the Division of Emergency

27  Management and the director of the county emergency management

28  agency.

29         (4)(a)  Subsections (2) and (3) apply to any

30  self-service, full-service, or combination self-service and

31  full-service motor fuel retail outlet regardless of whether

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  the retail outlet is located on the grounds of, or is owned

 2  by, another retail business establishment that does not engage

 3  in the business of selling motor fuel.

 4         (b)  Subsections (2) and (3) do not apply to:

 5         1.  An automobile dealer;

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

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

 8  fleet of motor vehicles; or

 9         4.  A motor fuel retail outlet that has a written

10  agreement with a public hospital, in a form approved by the

11  Division of Emergency Management, wherein the public hospital

12  agrees to provide the motor fuel retail outlet with an

13  alternative means of power generation onsite so that the

14  outlet's fuel pumps may be operated in the event of a power

15  outage.

16         (5)(a)  Each corporation or other entity that owns 10

17  or more motor fuel retail outlets located within this state

18  shall maintain at least one portable generator that is capable

19  of providing an alternate generated power source as required

20  under subsection (2) for every 10 outlets. If an entity owns

21  more than 10 outlets or a multiple of 10 outlets plus an

22  additional six outlets, the entity must provide one additional

23  generator to accommodate such additional outlets. Each

24  portable generator must be stored within this state, or may be

25  stored in another state if located within 250 miles of this

26  state, and must be available for use in an affected location

27  within 24 hours after a disaster.

28         (b)  Each corporation or other entity that owns 10 or

29  more motor fuel retail outlets located within a single

30  domestic security region, as determined pursuant to s.

31  943.0312(1), and that does not own additional outlets located

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  outside the domestic security region shall maintain a written

 2  document of agreement with one or more similarly equipped

 3  entities for the use of portable generators that may be used

 4  to meet the requirements of paragraph (a) and that are located

 5  within this state but outside the affected domestic security

 6  region. The agreement may be reciprocal, may allow for payment

 7  for services rendered by the providing entity, and must

 8  guarantee the availability of the portable generators to an

 9  affected location within 24 hours after a disaster.

10         (c)  For purposes of this section, ownership of a motor

11  fuel establishment shall be the owner of record of the fuel

12  storage systems operating at the location, as identified in

13  the Department of Environmental Protection underground storage

14  facilities registry pursuant to s. 376.303(1).

15         Section 3.  Florida Disaster Motor Fuel Supplier

16  Program.--

17         (1)  The Florida Disaster Motor Fuel Supplier Program

18  is created within the Department of Community Affairs. The

19  program shall allow any motor fuel retail outlet doing

20  business in the state to participate in a network of emergency

21  responders for the purpose of providing fuel supplies and

22  services to government, medical, critical infrastructure, and

23  other responders, as well as to the general public, during a

24  declared disaster, as described in s. 252.36, Florida

25  Statutes. Participation in the program requires

26  precertification of preparedness to provide emergency services

27  by the Division of Emergency Management or the director of the

28  county emergency management agency. Requirements for

29  precertification shall be implemented by the Division of

30  Emergency Management or by the director of the county

31  

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  emergency management agency as expeditiously as possible, but

 2  no later than June 1, 2007.

 3         (a)  A business that is precertified shall be issued a

 4  State Emergency Response Team logo decal for public display to

 5  alert responders and the public that the business is capable

 6  of assisting in an emergency. In each county having an active

 7  program, the county emergency management agency shall be

 8  primarily responsible for administering the program within

 9  that county. In counties that do not have active programs, the

10  Division of Emergency Management may precertify businesses as

11  members of the State Emergency Response Team and issue

12  appropriate signage.

13         (b)  The Division of Emergency Management may adopt

14  rules to administer this program. The Division of Emergency

15  Management or the emergency management agency of the county

16  may charge a fee to cover the actual costs of precertifying a

17  location, including the cost of performing an inspection,

18  filing the necessary forms, and producing the logo decal for

19  public display. Additional charges may not be imposed for

20  processing the individual documents associated with the

21  program. Funds collected shall be deposited into the Emergency

22  Management Preparedness Assistance Trust Fund or, if the

23  emergency management agency of the county is administering the

24  program, into the appropriate county operating account.

25         (2)  At a minimum, each business that is precertified

26  as a member of the State Emergency Response Team must have the

27  capability to provide on site fuel-dispensing services to

28  other members of the State Emergency Response Team within 24

29  hours after a major disaster has occurred, or demonstrate the

30  ability to have such service available and agree to make

31  service available as needed. A business may sell fuel through

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
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 1  a preexisting contract with local, state, or federal response

 2  agencies or may provide point-of-sale service to such

 3  agencies. In addition, a business may sell to the general

 4  public or may be directed to provide such service by county or

 5  state emergency management officials pursuant to ss. 252.35

 6  and 252.38, Florida Statutes. If requested, appropriate law

 7  enforcement security personnel may be provided to the

 8  participating business to maintain civil order during

 9  operating hours.

10         (3)  Persons who are designated as members of the State

11  Emergency Response Team and who can produce appropriate

12  identification, as determined by state or county emergency

13  management officials, shall be given priority for purchasing

14  fuel at businesses designated as members of the State

15  Emergency Response Team. A business may be directed by county

16  or state emergency management officials to remain open during

17  a declared curfew in order to provide service for emergency

18  personnel. Under such direction, the business is not in

19  violation of the curfew and may not be penalized for such

20  operation and the emergency personnel are not in violation of

21  the curfew. A person traveling during a curfew must be able to

22  produce valid official documentation of his or her position

23  with the State Emergency Response Team or the local emergency

24  management agency. Such documentation may include, but need

25  not be limited to, current SERT identification badge, current

26  law enforcement or other response agency identification or

27  shield, current health care employee identification card, or

28  current government services identification card indicating a

29  critical services position.

30         (4)  A business that is designated as a member of the

31  State Emergency Response Team may request priority in

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1  receiving a resupply of fuel in order to continue service to

 2  emergency responders. Such request is not binding, but shall

 3  be considered by emergency management officials in determining

 4  appropriate response actions.

 5         (5)  Pursuant to s. 212.099, Florida Statutes, a retail

 6  dealer of motor fuel that chooses to participate in the

 7  Florida Disaster Motor Fuel Supplier Program may receive a

 8  sales tax credit of up to 25 percent of the value of the cost

 9  to install appropriate wiring and transfer switches required

10  to meet certification requirements established by the Division

11  of Emergency Management or by the director of the county

12  emergency management agency. The total tax credit for a single

13  certified location may not exceed $2,000.

14         (6)  In addition, a retail dealer of motor fuel that

15  chooses to participate in the Florida Disaster Motor Fuel

16  Supplier Program may receive a sales tax credit of up to 25

17  percent of the value of the purchase of a generator,

18  permanently affixed to the site, required to meet

19  certification requirements established by the Division of

20  Emergency Management or by the director of the county

21  emergency management agency. The total tax credit for a single

22  certified location may not exceed $12,500.

23         Section 4.  Regulation of alternate power sources at

24  motor fuel outlets and other facilities preempted to the

25  state.--Notwithstanding any other law or local ordinance and

26  for the purpose of ensuring an appropriate emergency

27  management response following major disasters in this state,

28  the regulation, siting, and placement of alternate power

29  source capabilities and equipment at motor fuel terminal

30  facilities, motor fuel wholesalers, and motor fuel retail

31  sales outlets are preempted to the state.

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
    578-2252-06




 1         Section 5.  (1)  By January 1, 2007, the Division of

 2  Emergency Management shall complete an inventory of portable

 3  generators owned by the state and local governments which are

 4  capable of operating during a major disaster. The inventory

 5  must identify, at a minimum, the location of each generator,

 6  the number of generators stored at each specific location, to

 7  agency to which each the generator belongs, the primary use of

 8  the generator by the owner agency, and the names, addresses,

 9  and telephone numbers of persons having the authority to loan

10  the stored generators as authorized by the Division of

11  Emergency Management during a declared emergency.

12         (2)  The division shall maintain an inventory list of

13  generators owned by the state and local governments. In

14  addition, the division may keep a list of private entities,

15  along with appropriate contact information, which offer

16  generators for sale or lease. The list of private entities

17  shall be available to the public for inspection in written and

18  electronic formats.

19         Section 6.  Review of Florida disaster motor fuel

20  supply distribution.--The Energy Office of the Department of

21  Environmental Protection shall review situational progress in

22  postdisaster motor fuel supply distribution and provide a

23  report to the Legislature by March 1, 2007. The report must

24  include information concerning statewide compliance with s.

25  526.143, Florida Statutes, and an identification of all motor

26  fuel retail outlets that are participating in the Florida

27  Disaster Motor Fuel Supplier Program.

28         Section 7.  If any provision of this act or its

29  application to any person or circumstance is held invalid, the

30  invalidity does not affect other provisions or applications of

31  the act which can be given effect without the invalid

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    Florida Senate - 2006        CS for CS for SB's 528, 530 & 858
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 1  provision or application, and to this end the provisions of

 2  this act are severable.

 3         Section 8.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                       CS/SB 528,530 & 858

 8                                 

 9  The committee substitute for committee substitute (CS) extends
    the deadline by which motor fuel terminal facilities,
10  wholesalers and motor fuel retail outlets must be capable of
    operating on an alternate generated power source from December
11  31, 2006, to June 1, 2007. It changes the requirement that
    each entity owning 5 or more retail fuel outlets within a
12  single county must maintain at least one portable generator
    for every 5 outlets owned to require instead that there be one
13  portable generator for every 10 outlets. If any entity owns 6
    outlets in addition to the first 10, or a multiple of 10, one
14  additional portable generator is required. The CS revises the
    language that required the portable generators to be kept
15  within the county. It allows an entity to store the required
    generators anywhere in the state or out-of-state if located
16  within 250 miles of FLorida.

17  The CS amends the language providing for agreements on the
    provisions of generators between entities owning outlets in
18  different domestic security regions, so that it affects
    entities owning 10 or more motor fuel retail outlets in a
19  region rather than 5 within a county. This CS also clarifies
    that the state preemption on alternative power source
20  capabilities and equipment applies to motor fuel retail
    terminal facilities, motor fuel wholesalers, and motor fuel
21  retail sales outlets.

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