Senate Bill sb0660c1

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    Florida Senate - 2006                            CS for SB 660

    By the Committee on Commerce and Consumer Services; and
    Senator Lynn




    577-1263-06

  1                      A bill to be entitled

  2         An act relating to the Department of

  3         Agriculture and Consumer Services; amending s.

  4         493.6106, F.S.; clarifying that private

  5         investigative, security, and repossession

  6         services are licensed by the Department of

  7         Agriculture and Consumer Services; amending s.

  8         493.6121, F.S.; authorizing the department to

  9         institute judicial proceedings to enforce ch.

10         493, F.S., or any rule or order of the

11         department; amending s. 493.6303, F.S.;

12         revising the requirements for a Class "D"

13         private security license; requiring that the

14         department establish the required hours of

15         training; providing for automatic suspension of

16         a license upon failure to submit documentation

17         of completing the required training; amending

18         s. 525.01, F.S.; defining the term "alternative

19         fuel" for purposes of ch. 525, F.S., relating

20         to the inspection of gasoline and oil; amending

21         s. 527.11, F.S.; exempting the delivery of

22         certain amounts of propane gas for use with

23         outdoor equipment or appliances from provisions

24         governing the delivery of liquefied petroleum

25         gas; requiring that a person delivering

26         liquefied petroleum gas in bulk comply with

27         certain storage requirements; amending ss.

28         570.46 and 570.47, F.S.; authorizing the

29         Division of Standards within the department to

30         enforce ch. 527, F.S., relating to the sale of

31         liquefied petroleum gas; amending s. 570.544,

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1         F.S.; deleting provisions requiring that an

 2         office or agency receiving a complaint file

 3         progress reports with the Division of Consumer

 4         Services within the department; amending s.

 5         616.242, F.S.; exempting certain governmental

 6         entities from requirements that operators of

 7         amusement rides maintain specified amounts of

 8         insurance coverage; providing an effective

 9         date.

10  

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

12  

13         Section 1.  Paragraph (c) of subsection (2) of section

14  493.6106, Florida Statutes, is amended to read:

15         493.6106  License requirements; posting.--

16         (2)  Each agency shall have a minimum of one physical

17  location within this state from which the normal business of

18  the agency is conducted, and this location shall be considered

19  the primary office for that agency in this state.

20         (c)  Each Class "A," Class "B," Class "R," branch

21  office, or school licensee shall display, in a place that is

22  in clear and unobstructed public view, a notice on a form

23  prescribed by the department stating that the business

24  operating at this location is licensed and regulated by the

25  Department of Agriculture and Consumer Services State and that

26  any questions or complaints should be directed to the

27  department.

28         Section 2.  Subsections (5) and (7) of section

29  493.6121, Florida Statutes, are amended to read:

30         493.6121  Enforcement; investigation.--

31  

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1         (5)  In order to carry out the duties of the department

 2  prescribed in this chapter, designated employees of the

 3  Division of Licensing of the Department of Agriculture and

 4  Consumer Services State may obtain access to the information

 5  in criminal justice information systems and to criminal

 6  justice information as defined in s. 943.045, on such terms

 7  and conditions as are reasonably calculated to provide

 8  necessary information and protect the confidentiality of the

 9  information. Such criminal justice information submitted to

10  the division is confidential and exempt from the provisions of

11  s. 119.07(1).

12         (7)  The department may institute of Legal Affairs

13  shall represent the Department of Agriculture and Consumer

14  Services in judicial proceedings in the appropriate circuit

15  court seeking enforcement of this chapter, or any rule or

16  order of the department upon an action by any party seeking

17  redress against the department, and shall coordinate with the

18  department in the conduct of any investigations incident to

19  its legal responsibility.

20         Section 3.  Subsection (4) of section 493.6303, Florida

21  Statutes, is amended to read:

22         493.6303  License requirements.--In addition to the

23  license requirements set forth elsewhere in this chapter, each

24  individual or agency shall comply with the following

25  additional requirements:

26         (4)(a)  Effective January 1, 2007 October 1, 1994, an

27  applicant for a Class "D" license must complete have completed

28  a minimum of 40 hours of professional training at a school or

29  training facility licensed by the department. The department

30  shall by rule establish the general content and number of

31  hours of each subject area to be taught the training.

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1         (b)  An applicant may fulfill the training requirement

 2  prescribed in paragraph (a) by submitting proof of:

 3         1.  Successful completion of the total number of

 4  required 40 hours of training before initial application for a

 5  Class "D" license; or

 6         2.  Successful completion of 24 hours of training

 7  before initial application for, and the remaining 16 hours of

 8  training within 180 days after the date that upon the first

 9  application is submitted for renewal of, a Class "D" license.

10  If documentation of completion of the required training is not

11  submitted within the specified timeframe, the individual's

12  license is automatically suspended until such time as proof of

13  the required training is provided to the department. However,

14  Individuals licensed before October 1, 1994, or individuals

15  who have successfully completed 40 hours of professional

16  training before January 1, 2007, at a school or training

17  facility that is licensed by the department are exempt from

18  the training requirement of paragraph (a) need not complete

19  additional training hours in order to renew their licenses.

20  

21  However, any person whose license has been revoked or

22  suspended pursuant to subparagraph 2. or whose license has

23  been expired for 1 year or longer is considered, upon

24  reapplication for a license, an initial applicant and must

25  submit proof of successful completion of 40 hours of

26  professional training at a school or training facility

27  licensed by the department before a license will be issued.

28         Section 4.  Subsection (1) of section 525.01, Florida

29  Statutes, is amended to read:

30         525.01  Gasoline and oil to be inspected.--

31         (1)  For the purpose of this chapter:

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1         (a)  "Department" means the Department of Agriculture

 2  and Consumer Services.

 3         (b)  "Petroleum fuel" means all gasoline, kerosene

 4  (except when used as aviation turbine fuel), diesel fuel,

 5  benzine, or other like products of petroleum under whatever

 6  name designated, or an alternative fuel used for illuminating,

 7  heating, cooking, or power purposes, sold, offered, or exposed

 8  for sale in this state.

 9         (c)  "Alternative fuel" means:

10         1.  Methanol, denatured ethanol, or other alcohols;

11         2.  Mixtures containing 85 percent or more by volume of

12  methanol, denatured ethanol, or other alcohols with gasoline

13  or other fuels, or such other percentage, but not less than 70

14  percent, as determined by the department by rule, to provide

15  for requirements relating to cold start, safety, or vehicle

16  functions;

17         3.  Hydrogen;

18         4.  Coal-derived liquid fuels;

19         5.  Fuels, other than alcohol, derived from biological

20  materials; and

21         6.  Electricity, including electricity from solar

22  energy.

23         Section 5.  Section 527.11, Florida Statutes, is

24  amended to read:

25         527.11  Minimum storage.--

26         (1)  Every person who engages in the distribution of

27  liquefied petroleum gas for resale to domestic, commercial, or

28  industrial consumers as a prerequisite to obtaining a

29  liquefied petroleum gas license shall install, own, or lease a

30  bulk storage filling plant of not less than 18,000 gallons

31  (water capacity) within the state and shall be located within

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1  a 75-mile radius of the licensed company's business location.

 2  This bulk storage filling plant must have loading and

 3  unloading provisions solely for the licenseholder and be

 4  operated and maintained in compliance with this chapter for

 5  the duration of the license.

 6         (2)  A dealer in liquefied petroleum gas licensed as of

 7  August 31, 2000, who has entered or who enters into a written

 8  agreement with a wholesaler that the wholesaler will provide

 9  liquefied petroleum gas to the dealer for a period of 12

10  continuous months is exempt from the requirements of

11  subsection (1), if the wholesaler has at least 18,000 gallons

12  (water capacity) of bulk storage within this state permanently

13  connected for storage, which is used as such for each dealer

14  to whom gas is sold, and if the wholesaler has loading and

15  unloading provisions.  Such dealer must provide certification

16  of this agreement on a form provided by the department to the

17  department before her or his license may be issued. The form

18  must be signed by both the wholesaler or his or her agent and

19  the dealer or his or her agent and must be submitted annually

20  with the license renewal application.  A dealer who does not

21  provide written proof of minimum storage may have her or his

22  license denied, suspended, or revoked. A No wholesaler may not

23  enter into written agreements that allocate an amount of

24  storage that exceeds the wholesaler's total storage capacity

25  minus 18,000 gallons (water capacity).

26         (3)  A dealer in liquefied petroleum gas operating a

27  single dispensing unit for the sole purpose of direct product

28  sale to customers, including delivery of cylinders of 40 lbs.

29  or less of propane gas capacity for use with outdoor equipment

30  or appliances that are not connected to or part of the

31  permanent interior piping of a structure, (no deliveries) or

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1  an operator of a cylinder exchange unit is exempt from the

 2  requirements of this section. A person may not deliver

 3  liquefied petroleum gas by cargo vehicle unless the person

 4  complies with requirements for minimum storage.

 5         Section 6.  Subsection (5) is added to section 570.46,

 6  Florida Statutes, to read:

 7         570.46  Division of Standards; powers and duties.--The

 8  duties of the Division of Standards include, but are not

 9  limited to:

10         (5)  Enforcing the provisions of chapter 527.

11         Section 7.  Subsection (2) of section 570.47, Florida

12  Statutes, is amended to read:

13         570.47  Director; qualifications; duties.--

14         (2)  The director shall supervise, direct, and

15  coordinate the activities of the division and to that end

16  shall, under the direction of the department, enforce the

17  provisions of chapters 501, 525, 526, 527, 531, and 616.

18         Section 8.  Subsections (6) and (7) of section 570.544,

19  Florida Statutes, are amended to read:

20         570.544  Division of Consumer Services; director;

21  powers; processing of complaints; records.--

22         (6)(a)  The office or agency to which a complaint has

23  been referred shall within 30 days acknowledge receipt of the

24  complaint and report on the disposition made of the complaint.

25  In the event a complaint has not been disposed of within 30

26  days, the receiving office or agency shall file progress

27  reports with the Division of Consumer Services no less

28  frequently than 30 days until final disposition.

29         (b)  The report shall contain at least the following

30  information:

31  

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1         1.  A finding of whether the receiving agency has

 2  jurisdiction of the subject matter involved in the complaint.

 3         2.  Whether the complaint is deemed to be frivolous,

 4  sham, or without basis in fact or law.

 5         3.  What action has been taken and a report on whether

 6  the original complainant was satisfied with the final

 7  disposition.

 8         4.  Any recommendation regarding needed changes in law

 9  or procedure which in the opinion of the reporting agency or

10  office will improve consumer protection in the area involved.

11         (7)(a)  If the office or agency receiving a complaint

12  fails to file a report as contemplated in this section, that

13  failure shall be construed as a denial by the receiving office

14  or agency that it has jurisdiction of the subject matter

15  contained in the complaint.

16         (b)  If an office or agency receiving a complaint

17  determines that the matter presents a prima facie case for

18  criminal prosecution or if the complaint cannot be settled at

19  the administrative level, the complaint together with all

20  supporting evidence shall be transmitted to the Department of

21  Legal Affairs or other appropriate enforcement agency with a

22  recommendation for civil or criminal action warranted by the

23  evidence.

24         Section 9.  Subsection (9) of section 616.242, Florida

25  Statutes, is amended to read:

26         616.242  Safety standards for amusement rides.--

27         (9)  INSURANCE REQUIREMENTS.--

28         (a)  An owner may not operate an amusement ride unless

29  the owner has in effect at all times of operation insurance

30  meeting the following requirements:

31  

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    Florida Senate - 2006                            CS for SB 660
    577-1263-06




 1         1.  An insurance policy in an amount of not less than

 2  $1 million per occurrence, $1 million in the aggregate, which

 3  insures the owner of the amusement ride against liability for

 4  injury to persons arising out of the use of the amusement

 5  ride; or

 6         2.  A bond in a like amount; however, the aggregate

 7  liability of the surety under the bond may not exceed the face

 8  amount thereof.

 9         (b)  The policy or bond must be procured from an

10  insurer or surety that is licensed to transact business in

11  this state or that is approved as a surplus lines insurer.

12         (c)  The insurance requirements imposed under this

13  subsection do not apply to a governmental entity that is

14  covered by the provisions of s. 768.28(16).

15         Section 10.  This act shall take effect July 1, 2006.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 660

19                                 

20  This committee substitute differs from the bill as filed in
    that it deletes the portion of the definition for "alternative
21  fuels" that states that an alternative fuel is any fuel
    determined by the Department of Agriculture and Consumer
22  Services by rule.

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