| 1 | Representative Mayfield offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove lines 5315-5472 and insert: |
| 5 | Section 91. Section 526.201, Florida Statutes, is created |
| 6 | to read: |
| 7 | 526.201 Short title.--Sections 526.201-526.207 may be |
| 8 | cited as the "Florida Renewable Fuel Standard Act." |
| 9 | Section 92. Section 526.202, Florida Statutes, is created |
| 10 | to read: |
| 11 | 526.202 Legislative findings.--The Legislature finds it is |
| 12 | vital to the public interest and to the state's economy to |
| 13 | establish a market and the necessary infrastructure for |
| 14 | renewable fuels in this state by requiring that all gasoline |
| 15 | offered for sale in this state include a percentage of |
| 16 | agriculturally derived, denatured ethanol. The Legislature |
| 17 | further finds that the use of renewable fuel reduces greenhouse |
| 18 | gas emissions and dependence on imports of foreign oil, improves |
| 19 | the health and quality of life for Floridians, and stimulates |
| 20 | economic development and the creation of a sustainable industry |
| 21 | that combines agricultural production with state-of-the-art |
| 22 | technology. |
| 23 | Section 93. Section 526.203, Florida Statutes, is created |
| 24 | to read: |
| 25 | 526.203 Renewable fuel standard.-- |
| 26 | (1) DEFINITIONS.--As used in this act: |
| 27 | (a) "Blender," "importer," "terminal supplier," and |
| 28 | "wholesaler" are defined as provided in s. 206.01. |
| 29 | (b) "Blended gasoline" means a mixture of 90 to 91 percent |
| 30 | gasoline and 9 to 10 percent fuel ethanol, by volume, that meets |
| 31 | the specifications as adopted by the department. The fuel |
| 32 | ethanol portion may be derived from any agricultural source. |
| 33 | (c) "Fuel ethanol" means an anhydrous denatured alcohol |
| 34 | produced by the conversion of carbohydrates that meets the |
| 35 | specifications as adopted by the department. |
| 36 | (d) "Unblended gasoline" means gasoline that has not been |
| 37 | blended with fuel ethanol and that meets the specifications as |
| 38 | adopted by the department. |
| 39 | (2) FUEL STANDARD.--Beginning December 31, 2010, all |
| 40 | gasoline sold or offered for sale in Florida by a terminal |
| 41 | supplier, importer, blender, or wholesaler shall be blended |
| 42 | gasoline. |
| 43 | (3) EXEMPTIONS.--The requirements of this act do not apply |
| 44 | to the following: |
| 45 | (a) Fuel used in aircraft. |
| 46 | (b) Fuel sold for use in boats and similar watercraft. |
| 47 | (c) Fuel sold to a blender. |
| 48 | (d) Fuel sold for use in collector vehicles or vehicles |
| 49 | eligible to be licensed as collector vehicles, off-road |
| 50 | vehicles, motorcycles, or small engines. |
| 51 | (e) Fuel unable to comply due to requirements of the |
| 52 | United States Environmental Protection Agency. |
| 53 | (f) Fuel transferred between terminals. |
| 54 | (g) Fuel exported from the state in accordance with s. |
| 55 | 206.052. |
| 56 | (h) Fuel qualifying for any exemption in accordance with |
| 57 | chapter 206. |
| 58 | (i) Fuel for a railroad locomotive. |
| 59 | (j) Fuel for equipment, including vehicle or vessel, |
| 60 | covered by a warranty that would be voided, if explicitly stated |
| 61 | in writing by the vehicle or vessel manufacturer, if the |
| 62 | equipment were to be operated using fuel meeting the |
| 63 | requirements of subsection (2). |
| 64 |
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| 65 | All records of sale of unblended gasoline shall include the |
| 66 | following statement: "Unblended gasoline may be sold only for |
| 67 | the purposes authorized under s. 526.203(3), F.S." |
| 68 | (4) REPORT.--Pursuant to s. 206.43, each terminal |
| 69 | supplier, importer, blender, and wholesaler shall include in its |
| 70 | report to the Department of Revenue the number of gallons of |
| 71 | blended and unblended gasoline sold. The Department of Revenue |
| 72 | shall provide a monthly summary report to the department. |
| 73 | Section 94. Section 526.204, Florida Statutes, is created |
| 74 | to read: |
| 75 | 526.204 Waivers and suspensions.-- |
| 76 | (1) If a terminal supplier, importer, blender, or |
| 77 | wholesaler is unable to obtain fuel ethanol or blended gasoline |
| 78 | at the same or lower price as unblended gasoline, then the sale |
| 79 | or delivery of unblended gasoline by the terminal supplier, |
| 80 | importer, blender, or wholesaler shall not be deemed a violation |
| 81 | of this act. The terminal supplier, importer, blender, or |
| 82 | wholesaler shall, upon request of the department, provide the |
| 83 | required documentation regarding the sales transaction and price |
| 84 | of fuel ethanol, blended gasoline, and unblended gasoline to the |
| 85 | department. |
| 86 | (2) To account for supply disruptions and ensure reliable |
| 87 | supplies of motor fuels in the state, the requirements of this |
| 88 | act shall be suspended when the provisions of s. 252.36(2) in |
| 89 | any area of the state are in effect plus an additional 30 days. |
| 90 | Section 95. Section 526.205, Florida Statutes, is created |
| 91 | to read: |
| 92 | 526.205 Enforcement; extensions.-- |
| 93 | (1) Unless a waiver or suspension pursuant to s. 526.204 |
| 94 | applies, or an extension has been granted pursuant to subsection |
| 95 | (3), it shall be unlawful for a terminal supplier, importer, |
| 96 | blender, or wholesaler to sell or distribute, or offer for sale |
| 97 | or distribution, any gasoline which fails to meet the |
| 98 | requirements of this act. |
| 99 | (2) Upon a determination by the department of a violation |
| 100 | of this act, the department shall enter an order imposing one or |
| 101 | more of the following penalties: |
| 102 | (a) Issuance of a warning letter. |
| 103 | (b) Imposition of an administrative fine of not more than |
| 104 | $1,000 per violation for a first-time offender. For a second- |
| 105 | time or repeat offender, or any person who is shown to have |
| 106 | willfully and intentionally violated any provision of this act, |
| 107 | the administrative fine shall not exceed $5,000 per violation. |
| 108 | When imposing any fine under this section, the department shall |
| 109 | consider the monetary benefit to the violator as a result of |
| 110 | noncompliance, whether the violation was committed willfully, |
| 111 | and the compliance record of the violator. All funds recovered |
| 112 | by the department shall be deposited into the General Inspection |
| 113 | Trust Fund. |
| 114 | (3) Any terminal supplier, importer, blender, or |
| 115 | wholesaler may apply to the department by September 30, 2010, |
| 116 | for an extension of time to comply with the requirements of this |
| 117 | act. The application for an extension must demonstrate that the |
| 118 | applicant has made a good faith effort to comply with the |
| 119 | requirements but has been unable to do so for reasons beyond the |
| 120 | applicant's control, such as delays in receiving governmental |
| 121 | permits. The department shall review each application and make a |
| 122 | determination as to whether the failure to comply was beyond the |
| 123 | control of the applicant. If the department determines that the |
| 124 | applicant made a good faith effort to comply, but was unable to |
| 125 | do so for reasons beyond the applicant's control, the department |
| 126 | shall grant an extension of time determined necessary for the |
| 127 | applicant to comply. |
| 128 | Section 96. Section 526.206, Florida Statutes, is created |
| 129 | to read: |
| 130 | 526.206 Rules.--The Department of Revenue and the |
| 131 | Department of Agriculture and Consumer Services are authorized |
| 132 | to adopt rules pursuant to ss. 120.536(1) and 120.54 to |
| 133 | implement the provisions of this act. |
| 134 | Section 97. Section 526.207, Florida Statutes, is created |
| 135 | to read: |
| 136 | 526.207 Studies and reports.-- |
| 137 | (1) The Florida Energy and Climate Commission shall |
| 138 | conduct a study to evaluate and recommend the life-cycle |
| 139 | greenhouse gas emissions associated with all renewable fuels, |
| 140 | including, but not limited to, biodiesel, renewable diesel, |
| 141 | biobutanol, and ethanol derived from any source. In addition, |
| 142 | the commission shall evaluate and recommend a requirement that |
| 143 | all renewable fuels introduced into commerce in the state, as a |
| 144 | result of the renewable fuel standard, shall reduce the life- |
| 145 | cycle greenhouse gas emissions by an average percentage. The |
| 146 | commission may also evaluate and recommend any benefits |
| 147 | associated with the creation, banking, transfer, and sale of |
| 148 | credits among fuel refiners, blenders, and importers. |
| 149 | (2) The Florida Energy and Climate Commission shall submit |
| 150 | a report containing specific recommendations to the President of |
| 151 | the Senate and the Speaker of the House of Representatives no |
| 152 | later than December 31, 2010. |
| 153 |
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| 154 | ----------------------------------------------------- |
| 155 | T I T L E A M E N D M E N T |
| 156 | Remove lines 315-318 and insert: |
| 157 | and reporting; creating s. 526.204, F.S.; providing for waivers; |
| 158 | providing for suspension of standard requirement during declared |
| 159 | emergencies; creating s. 526.205, F.S.; providing for |
| 160 | enforcement of the act; providing for extensions; creating s. |
| 161 | 526.206, F.S.; |