Senate Bill sb2644

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    Florida Senate - 2007                                  SB 2644

    By Senator Posey





    24-127A-07

  1                      A bill to be entitled

  2         An act relating to regulatory fees of the

  3         Department of Agriculture and Consumer

  4         Services; amending s. 527.02, F.S.; increasing

  5         certain application fees and renewal fees for

  6         licensure as a business that deals in liquefied

  7         petroleum gas; revising fees and requirements

  8         for licensure as a pipeline system operator;

  9         amending s. 527.0201, F.S.; increasing the

10         examination fee for certain categories of

11         applicants for licensure; amending s. 527.021,

12         F.S.; increasing the inspection fee for

13         liquefied petroleum gas delivery vehicles;

14         providing an effective date.

15  

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

17  

18         Section 1.  Section 527.02, Florida Statutes, is

19  amended to read:

20         527.02  License; penalty; fees.--

21         (1)  It is unlawful for any person to engage in this

22  state in the activities of a pipeline system operator,

23  category I liquefied petroleum gas dealer, category II

24  liquefied petroleum gas dispenser, category III liquefied

25  petroleum gas cylinder exchange operator, category IV

26  liquefied petroleum gas dispenser and recreational vehicle

27  servicer, category V liquefied petroleum gas dealer for

28  industrial uses only, LP gas installer, specialty installer,

29  dealer in liquefied petroleum gas appliances and equipment,

30  manufacturer of liquefied petroleum gas appliances and

31  equipment, requalifier of cylinders, or fabricator, repairer,

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    Florida Senate - 2007                                  SB 2644
    24-127A-07




 1  and tester of vehicles and cargo tanks without first obtaining

 2  from the department a license to engage in one or more of

 3  these businesses. The sale of liquefied petroleum gas

 4  cylinders with a volume of 10 pounds water capacity or 4.2

 5  pounds liquefied petroleum gas capacity or less is exempt from

 6  the requirements of this chapter. It is a felony of the third

 7  degree, punishable as provided in s. 775.082, s. 775.083, or

 8  s. 775.084, to intentionally or willfully engage in any of

 9  said activities without first obtaining appropriate licensure

10  from the department.

11         (2)  Each business location of a person having multiple

12  locations shall be separately licensed and must meet the

13  requirements of this section. Such license shall be granted to

14  any applicant determined by the department to be competent,

15  qualified, and trustworthy who files with the department a

16  surety bond, insurance affidavit, or other proof of insurance,

17  as hereinafter specified, and pays for such license the

18  following original application fee for new licenses and annual

19  renewal fees for existing licenses:

20  

21                                   Original            Renewal

22  License Category              Application Fee            Fee

23                                                      

24  

25    Category I liquefied

26  petroleum gas dealer................$600 $525         $500 $425

27    Category II liquefied

28  petroleum gas dispenser...................525         425 375

29    Category III liquefied

30  petroleum gas cylinder exchange unit

31  operator..............................125 100          75 65

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    Florida Senate - 2007                                  SB 2644
    24-127A-07




 1    Category IV liquefied

 2  petroleum gas dispenser and

 3  recreational vehicle servicer.............525         425 400

 4    Category V liquefied

 5  petroleum gases dealer for industrial

 6  uses only.............................350 300         275 200

 7    LP gas installer....................400 300         300 200

 8    Specialty installer.....................300         250 200

 9    Dealer in appliances and equipment

10  for use of liquefied petroleum gas.........50             45

11    Manufacturer of liquefied petroleum

12  gas appliances and equipment..............525         425 375

13    Requalifier of cylinders................525         425 375

14    Fabricator, repairer, and tester of

15  vehicles and cargo tanks..................525         425 375

16    Pipeline system operator................350            275

17         (3)  Any applicant for original license whose

18  application is submitted during the last 6 months of the

19  license year may have the original license fee reduced by

20  one-half for the 6-month period. This provision shall apply

21  only to those companies applying for an original license and

22  shall not be applied to licensees who held a license during

23  the previous license year and failed to renew the license. The

24  department may refuse to issue an initial license to any

25  applicant who is under investigation in any jurisdiction for

26  an action that would constitute a violation of this chapter

27  until such time as the investigation is complete.

28         (4)  Any person applying for a liquefied petroleum gas

29  license as a specialty installer, as defined by s. 527.01(11),

30  shall upon application to the department identify the specific

31  area of work to be performed.  Upon completion of all license

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    Florida Senate - 2007                                  SB 2644
    24-127A-07




 1  requirements set forth in this chapter, the department shall

 2  issue the applicant a license specifying the scope of work, as

 3  identified by the applicant and defined by rule of the

 4  department, for which the person is authorized.

 5         (5)  The license fee for a pipeline system operator

 6  shall be $100 per system owned or operated by the person, not

 7  to exceed $400 per license year. Such license fee applies only

 8  to a pipeline system operator who owns or operates a liquefied

 9  petroleum gas pipeline system that is used to transmit

10  liquefied petroleum gas from a common source to the ultimate

11  customer and that serves 10 or more customers.

12         (5)(6)  The department shall promulgate rules

13  specifying acts deemed by the department to demonstrate a lack

14  of trustworthiness to engage in activities requiring a license

15  or qualifier identification card under this section.

16         (6)(7)  Any license issued by the department may be

17  transferred to any person, firm, or corporation for the

18  remainder of the current license year upon written request to

19  the department by the original licenseholder. Prior to

20  approval of any transfer, all licensing requirements of this

21  chapter must be met by the transferee. A license transfer fee

22  of $50 shall be charged for each such transfer.

23         Section 2.  Subsection (1) of section 527.0201, Florida

24  Statutes, is amended to read:

25         527.0201  Qualifiers; master qualifiers;

26  examinations.--

27         (1)  In addition to the requirements of s. 527.02, any

28  person applying for a license to engage in the activities of a

29  pipeline system operator, category I liquefied petroleum gas

30  dealer, category II liquefied petroleum gas dispenser,

31  category IV liquefied petroleum gas dispenser and recreational

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    Florida Senate - 2007                                  SB 2644
    24-127A-07




 1  vehicle servicer, category V liquefied petroleum gases dealer

 2  for industrial uses only, LP gas installer, specialty

 3  installer, requalification of cylinders, or fabricator,

 4  repairer, and tester of vehicles and cargo tanks must prove

 5  competency by passing a written examination administered by

 6  the department or its agent with a grade of 75 percent or

 7  above. Each applicant for examination as a category II

 8  liquefied petroleum gas dispenser or category V liquefied

 9  petroleum gases dealer for industrial uses only shall submit a

10  $20 nonrefundable fee. An applicant for any other examination

11  category must submit a nonrefundable fee of $50. The

12  department shall by rule specify the general areas of

13  competency to be covered by each examination and the relative

14  weight to be assigned in grading each area tested.

15         Section 3.  Subsection (4) of section 527.021, Florida

16  Statutes, is amended to read:

17         527.021  Registration of transport vehicles.--

18         (4)  An inspection fee of $75 $50 shall be assessed for

19  each registered vehicle inspected by the department pursuant

20  to s. 527.061. All inspection fees collected in connection

21  with this section shall be deposited in the General Inspection

22  Trust Fund for the purpose of administering the provisions of

23  this chapter.

24         Section 4.  This act shall take effect July 1, 2007.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Increases certain fees imposed by the Department of
      Agriculture and Consumer Services for licensure as a
29    business that deals in liquefied petroleum gas or
      licensure as a pipeline system operator. Increases the
30    examination fee for certain categories of applicants.
      Increases the inspection fee for liquefied petroleum gas
31    delivery vehicles.

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