Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. SPB 7052

821778

CHAMBER ACTION

Senate

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House



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The Committee on Commerce (Diaz de la Portilla) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 41 and 42

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insert:

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     Section 2.  Section 527.02, Florida Statutes, is amended to

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read:

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     527.02  License; penalty; fees.--

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

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in the activities of a pipeline system operator, category I

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liquefied petroleum gas dealer, category II liquefied petroleum

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gas dispenser, category III liquefied petroleum gas cylinder

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exchange operator, category IV liquefied petroleum gas dispenser

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and recreational vehicle servicer, category V liquefied

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petroleum gas dealer for industrial uses only, LP gas installer,

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specialty installer, dealer in liquefied petroleum gas

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appliances and equipment, manufacturer of liquefied petroleum

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gas appliances and equipment, requalifier of cylinders, or

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fabricator, repairer, and tester of vehicles and cargo tanks

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without first obtaining from the department a license to engage

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in one or more of these businesses. The sale of liquefied

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petroleum gas cylinders with a volume of 10 pounds water

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capacity or 4.2 pounds liquefied petroleum gas capacity or less

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is exempt from the requirements of this chapter. It is a felony

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of the third degree, punishable as provided in s. 775.082, s.

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775.083, or s. 775.084, to intentionally or willfully engage in

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any of said activities without first obtaining appropriate

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licensure from the department.

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     (2)  Each business location of a person having multiple

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locations shall be separately licensed and must meet the

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requirements of this section. Such license shall be granted to

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any applicant determined by the department to be competent,

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qualified, and trustworthy who files with the department a

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

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as hereinafter specified, and pays for such license the

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following original application fee for new licenses and annual

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renewal fees for existing licenses:

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License CategoryOriginalApplication FeeRenewalFee

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Category I liquefiedpetroleum gas dealer . . . . . . . . . . . .$600 $525$500 $425

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Category II liquefiedpetroleum gas dispenser . . . . . . . . . . . .525425 375

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Category III liquefiedpetroleum gas cylinderexchange unit operator . . . . . . . . . . . .125 10075 65

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Category IV liquefiedpetroleum gas dispenser andrecreational vehicle servicer . . . . . . . . . . . .525425 400

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Category V liquefiedpetroleum petroleum gases dealer for industrialuses only . . . . . . . . . . . .350 300275 200

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LP gas installer . . . . . . . . . . . .400 300300 200

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Specialty installer . . . . . . . . . . . .300250 200

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Dealer in appliances and equipment foruse of liquefied petroleum gas . . . . . . . . . . . .5045

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Manufacturer of liquefied petroleumgas appliances and equipment . . . . . . . . . . . .525425 375

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Requalifier of cylinders . . . . . . . . . . . .525425 375

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Fabricator, repairer, and tester ofvehicles and cargo tanks . . . . . . . . . . . .525425 375

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Pipeline system operator . . . . . . . . . . . .350275

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     (3) Beginning July 1, 2012, the department may adjust the

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fees provided under this section by rule, based on the change in

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the Consumer Price Index published by the United States

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Department of Labor, and every 5 years thereafter.

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     (4)(3) Any applicant for original license whose

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application is submitted during the last 6 months of the license

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year may have the original license fee reduced by one-half for

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the 6-month period. This provision shall apply only to those

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companies applying for an original license and shall not be

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applied to licensees who held a license during the previous

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license year and failed to renew the license. The department may

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refuse to issue an initial license to any applicant who is under

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investigation in any jurisdiction for an action that would

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constitute a violation of this chapter until such time as the

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investigation is complete.

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

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

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shall upon application to the department identify the specific

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

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requirements set forth in this chapter, the department shall

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

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identified by the applicant and defined by rule of the

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department, for which the person is authorized.

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

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

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

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pipeline system operator who owns or operates a liquefied

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petroleum gas pipeline system that is used to transmit liquefied

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petroleum gas from a common source to the ultimate customer and

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that serves 10 or more customers.

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     (6)  The department shall promulgate rules specifying acts

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deemed by the department to demonstrate a lack of

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trustworthiness to engage in activities requiring a license or

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qualifier identification card under this section.

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     (7)  Any license issued by the department may be

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transferred to any person, firm, or corporation for the

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remainder of the current license year upon written request to

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the department by the original licenseholder. Prior to approval

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of any transfer, all licensing requirements of this chapter must

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be met by the transferee. A license transfer fee of $50 shall be

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charged for each such transfer.

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     Section 3.  Subsection (1) of section 527.0201, Florida

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Statutes, is amended to read:

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     527.0201  Qualifiers; master qualifiers; examinations.--

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

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

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pipeline system operator, category I liquefied petroleum gas

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dealer, category II liquefied petroleum gas dispenser, category

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IV liquefied petroleum gas dispenser and recreational vehicle

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servicer, category V liquefied petroleum gases dealer for

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industrial uses only, LP gas installer, specialty installer,

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requalification of cylinders, or fabricator, repairer, and

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tester of vehicles and cargo tanks must prove competency by

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passing a written examination administered by the department or

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its agent with a grade of 75 percent or above. Each applicant

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for examination as a category II liquefied petroleum gas

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dispenser or category V liquefied petroleum gases dealer for

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industrial uses only shall submit a $20 nonrefundable fee. An

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applicant for any other examination category must submit a

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nonrefundable fee of $50. The department shall by rule specify

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the general areas of competency to be covered by each

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examination and the relative weight to be assigned in grading

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each area tested.

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

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Statutes, is amended to read:

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     527.021  Registration of transport vehicles.--

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

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each registered vehicle inspected by the department pursuant to

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s. 527.061. All inspection fees collected in connection with

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this section shall be deposited in the General Inspection Trust

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Fund for the purpose of administering the provisions of this

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chapter.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line(s) 7, after the semicolon,

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insert:

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amending s. 527.02, F.S.; increasing certain application

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fees and renewal fees for licensure as a business that

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deals in liquefied petroleum gas; revising fees and

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requirements for licensure as a pipeline system operator;

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authorizing the department to adjust fees every 5 years by

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

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examination fee for certain categories of applicants for

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licensure; amending s. 527.021, F.S.; increasing the

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inspection fee for liquefied petroleum gas delivery

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vehicles;

2/18/2008  9:08:00 AM     CM.CM.04061

CODING: Words stricken are deletions; words underlined are additions.