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