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The Committee on Environmental Preservation and Conservation

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(Dockery) recommended the following amendment to amendment

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(223658):

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     Senate Amendment (with directory and title amendments)

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     Delete line(s) 1911-2009

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and insert:

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     Section 29.  Section 526.203, Florida Statutes, is created

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to read:

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526.203 Renewable Fuel Standard.--

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(1) DEFINITIONS.--As used in this act, the terms "blender,"

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"exporter," "importer," "terminal supplier," and "wholesaler"

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shall be defined as provided in s. 206.01.

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(a) "Fuel ethanol-blended gasoline" means a mixture of

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ninety percent gasoline and ten percent fuel ethanol or similar

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alcohol. The ten percent fuel ethanol, or similar alcohol,

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portion may be derived from any agricultural source.

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     (b) "Unblended gasoline" means gasoline that has not been

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blended with fuel ethanol.

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(2) FUEL STANDARD.--On and after December 31, 2010, all

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gasoline sold or offered for sale in Florida at retail shall

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contain, at a minimum 10 percent of a agriculturally derived,

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denatured ethanol fuel by volume. No terminal supplier,

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importer, exporter, blender, or wholesaler in this state shall

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sell or deliver fuel, as mandated in this act, which does not

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meet the blending requirements of this act.

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(3) EXEMPTIONS.--The requirements of this act do not apply

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to the following:

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(a) Fuel used in aircraft;

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     (b) Fuel sold at marinas and mooring docks for use in boats

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and similar watercraft;

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     (c) Fuel sold at public or private racecourses intended to

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be used exclusively as a fuel for off-highway motor sports racing

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events;

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(d) Fuel sold for use in collector vehicles or vehicles

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eligible to be licensed as collector vehicles, off-road vehicles,

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motorcycles, or small engines.

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(e) Fuel unable to comply due to requirements of the United

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States Environmental Protection Agency;

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(f) Fuel bulk transferred between terminals;

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(g) Fuel exported from the state in accordance with 206.052;

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(h) Fuel qualifying for any exemption in accordance with

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chapter 206;

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(i) Fuel at an electric power plant that is regulated by

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the United States Nuclear Regulatory Commission unless such

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commission has approved the use of fuel meeting the requirements

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of subsection (2);

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(j) Fuel for a railroad locomotive; or

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(k) Fuel for equipment, including vehicle or vessel, covered

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by a warranty that would be voided, if explicitly stated in

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writing by the vehicle or vessel manufacturer, if it were to be

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operated using fuel meeting the requirements of subsection (2).

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(4) REPORT.--Pursuant to s. 206.43, each terminal supplier,

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importer, exporter, blender, and wholesaler shall include in its

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report to the Department of Revenue, the number of gallons of

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gasoline fuel meeting and not meeting the requirements of this

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act, sold and delivered by the terminal supplier, importer,

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exporter, blender, or wholesaler in the state, and the

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destination as to the county in the state to which the gasoline

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was delivered for resale at retail or use.

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     Section 30. Section 526.204, Florida Statutes, is created to

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read:

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526.204 Suspension during declared emergencies; waivers.--

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(1) To account for supply disruptions and ensure reliable

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supplies of motor fuels for Florida, the requirements of this act

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shall be suspended when the provisions of s. 252.36(2) in any

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area of the state are in effect plus an additional thirty days.

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(2) If a terminal supplier, importer, exporter, blender, or

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wholesaler is unable to obtain fuel ethanol or fuel ethanol-

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blended gasoline at the same or lower price than the price of

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unblended gasoline, then the sale or delivery of unblended

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gasoline by the terminal supplier, importer, exporter, blender,

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or wholesaler shall not be deemed a violation of this act. The

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terminal supplier, importer, exporter, blender, or wholesaler

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shall, upon request, provide the required documentation regarding

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the sales transaction and price of fuel ethanol, fuel ethanol-

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blended gasoline, and unblended gasoline to the Department of

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Revenue.

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     Section 31.  Section 526.205, Florida Statutes, is created

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to read:

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526.205 Enforcement.--

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(1) It is unlawful to sell or distribute, or offer for sale

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or distribution, any gasoline which fails to meet the

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requirements of this act.

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(2) Upon determining that a terminal supplier, importer,

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exporter, blender, or wholesaler is not meeting the requirements

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of s. 526.203(2), the Department of Revenue shall notify the

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department.

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(3) Upon notification by the Department of Revenue of a

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violation of this act, the department shall, subject to

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subsection (1), grant an extension or enter an order imposing one

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or more of the following penalties:

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1. Issuance of a warning letter.

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     2. Imposition of an administrative fine of not more than

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$1,000 per violation for a first-time offender. For a second-time

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or repeat offender, or any person who is shown to have willfully

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and intentionally violated any provision of this chapter, the

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administrative fine shall not exceed $5,000 per violation. When

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imposing any fine under this section, the department shall

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consider the amount of money the violator benefited from by

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noncompliance, whether the violation was committed willfully, and

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the compliance record of the violator.

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3. Revocation or suspension of any registration issued by

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the department.

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(4) Any terminal supplier, importer, exporter, blender, or

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wholesaler may apply to the department by September 30, 2010, for

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an extension of time to comply with the requirements of this act.

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The application for an extension must demonstrate that the

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applicant has made a good faith effort to comply with the

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requirements but has been unable to do so for reasons beyond the

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applicant's control, such as delays in receiving governmental

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permits. The department shall review each application and make a

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determination as to whether the failure to comply was beyond the

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control of the applicant. If the department determines that the

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applicant made a good faith effort to comply, but was unable to

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do so for reasons beyond the applicant's control, the department

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shall grant an extension of time determined necessary for the

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applicant to comply. If no extension is granted, the department

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shall proceed with enforcement pursuant to subsection (3).

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     Section 32.  Section 526.206, Florida Statutes, is created

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to read:

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526.206 Rules.--

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(1) The Department of Revenue is authorized to adopt rules

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pursuant to ss. 120.536(1) and 120.54 to implement the provisions

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of this act.

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(2) The Department of Agriculture and Consumer Services is

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authorized to adopt rules pursuant to ss. 120.536(1) and 120.54

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to implement the provisions of this act.

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     Section 33.  Section 526.207, Florida Statutes, is created

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to read:

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526.207 Studies and Reports.--

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(1) The Florida Energy Commission shall conduct a study to

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evaluate and recommend the lifecycle greenhouse gas emissions

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associated with all renewable fuels including, but not limited

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to, biodiesel, renewable diesel, biobutanol, ethanol derived from

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corn, ethanol derived from sugar, and cellulosic ethanol. In

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addition, the study shall evaluate and recommend a requirement

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that all renewable fuels introduced into commerce in the state,

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as a result of the Renewable Fuel Standard, shall reduce the

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lifecycle greenhouse gas emissions by an average percentage. The

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study may also evaluate and recommend any benefits associated

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with the creation, banking, transfer, and sale of credits among

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fuel refiners, blenders, and importers.

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(2) The Florida Energy Commission shall submit a report

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containing specific recommendations to the President of the

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Senate and the Speaker of the House of Representatives no later

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than December 31, 2010.

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(renumber subsequent sections)

3/19/2008  10:04:00 AM     EP.EP.05350