Florida Senate - 2020                                     SB 422
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00265-20                                             2020422__
    1                        A bill to be entitled                      
    2         An act relating to recreational vehicles; amending s.
    3         527.01, F.S.; defining the terms “category VII
    4         liquefied petroleum gas dispenser and recreational
    5         vehicle servicer” and “recreational vehicle”; amending
    6         s. 527.0201, F.S.; requiring a category VII liquefied
    7         petroleum gas dispenser and recreational vehicle
    8         operator to pass a written examination administered by
    9         the department or its agent; authorizing the
   10         department to contract with not-for-profit, industry
   11         specific trade associations for such examinations;
   12         amending s. 527.02, F.S.; conforming a cross
   13         reference; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 527.01, Florida Statutes, is reordered
   18  and amended to read:
   19         527.01 Definitions.—As used in this chapter:
   20         (12)(1) “Liquefied petroleum gas” means any material that
   21  which is composed predominantly of any of the following
   22  hydrocarbons, or mixtures of the same: propane, propylene,
   23  butanes (normal butane or isobutane), and butylenes.
   24         (14)(2) “Person” means any individual, firm, partnership,
   25  corporation, company, association, organization, or cooperative.
   26         (8)(3) “Consumer” means the person last purchasing
   27  liquefied petroleum gas in its liquid or vapor state for
   28  industrial, commercial, or domestic use.
   29         (9)(4) “Department” means the Department of Agriculture and
   30  Consumer Services.
   31         (16)(5) “Qualifier” means any person who has passed a
   32  competency examination administered by the department and is
   33  employed by a licensed category I, category II, or category V
   34  business.
   35         (1)(6) “Category I liquefied petroleum gas dealer” means
   36  any person selling or offering to sell by delivery or at a
   37  stationary location any liquefied petroleum gas to the consumer
   38  for industrial, commercial, or domestic use; any person leasing
   39  or offering to lease, or exchanging or offering to exchange, any
   40  apparatus, appliances, and equipment for the use of liquefied
   41  petroleum gas; any person installing, servicing, altering, or
   42  modifying apparatus, piping, tubing, appliances, and equipment
   43  for the use of liquefied petroleum or natural gas; any person
   44  installing carburetion equipment; or any person requalifying
   45  cylinders.
   46         (2)(7) “Category II liquefied petroleum gas dispenser”
   47  means any person engaging in the business of operating a
   48  liquefied petroleum gas dispensing unit for the purpose of
   49  serving liquid products to the consumer for industrial,
   50  commercial, or domestic use, and selling or offering to sell, or
   51  leasing or offering to lease, apparatus, appliances, and
   52  equipment for the use of liquefied petroleum gas, including
   53  maintaining a cylinder storage rack at the licensed business
   54  location for the purpose of storing cylinders filled by the
   55  licensed business for sale or use at a later date.
   56         (3)(8) “Category III liquefied petroleum gas cylinder
   57  exchange operator” means any person operating a storage facility
   58  used for the purpose of storing filled propane cylinders of not
   59  more than 43.5 pounds propane capacity or 104 pounds water
   60  capacity, while awaiting sale to the consumer, or a facility
   61  used for the storage of empty or filled containers that which
   62  have been offered for exchange.
   63         (4)(9) “Category IV dealer in appliances and equipment”
   64  means any person selling or offering to sell, or leasing or
   65  offering to lease, apparatus, appliances, and equipment for the
   66  use of liquefied petroleum gas.
   67         (5)(10) “Category V LP gas installer” means any person who
   68  is engaged in the liquefied petroleum gas business and whose
   69  services include the installation, servicing, altering, or
   70  modifying of apparatus, piping, tubing, tanks, and equipment for
   71  the use of liquefied petroleum or natural gas and selling or
   72  offering to sell, or leasing or offering to lease, apparatus,
   73  appliances, and equipment for the use of liquefied petroleum or
   74  natural gas.
   75         (6)(11) “Category VI miscellaneous operator” means any
   76  person who is engaged in operation as a manufacturer of LP gas
   77  appliances and equipment; a fabricator, repairer, and tester of
   78  vehicles and cargo tanks; a requalifier of LP gas cylinders; or
   79  a pipeline system operator.
   80         (7)“Category VII liquefied petroleum gas dispenser and
   81  recreational vehicle servicer” means a person who operates a
   82  liquefied petroleum gas dispensing unit to serve liquid product
   83  to a consumer for industrial, commercial, or domestic use, and
   84  sells or offers to sell, or leases or offers to lease,
   85  apparatus, appliances, and equipment for the use of liquefied
   86  petroleum gas, and whose services include the installation,
   87  service, or repair of recreational vehicle liquefied petroleum
   88  gas appliances and equipment.
   89         (13)(12) “Manufacturer of liquefied petroleum gas
   90  appliances and equipment” means any person in this state
   91  manufacturing and offering for sale or selling tanks, cylinders,
   92  or other containers and necessary appurtenances for use in the
   93  storage, transportation, or delivery of such gas to the
   94  consumer, or manufacturing and offering for sale or selling
   95  apparatus, appliances, and equipment for the use of liquefied
   96  petroleum gas to the consumer.
   97         (19)(13) “Wholesaler” means any person, as defined by
   98  subsection (2), selling or offering to sell any liquefied
   99  petroleum gas for industrial, commercial, or domestic use to any
  100  person except the consumer.
  101         (17)“Recreational vehicle” means a motor vehicle that is
  102  designed to provide temporary living quarters for recreational,
  103  camping, or travel use and that has its own propulsion or is
  104  mounted on or towed by another motor vehicle.
  105         (18)(14) “Requalifier of cylinders” means any person
  106  involved in the retesting, repair, qualifying, or requalifying
  107  of liquefied petroleum gas tanks or cylinders manufactured under
  108  specifications of the United States Department of
  109  Transportation.
  110         (10)(15) “Fabricator, repairer, and tester of vehicles and
  111  cargo tanks” means any person involved in the hydrostatic
  112  testing, fabrication, repair, or requalifying of any motor
  113  vehicles or cargo tanks used for the transportation of liquefied
  114  petroleum gases, when such tanks are permanently attached to or
  115  forming a part of the motor vehicle.
  116         (15)(16) “Pipeline system operator” means any person who
  117  owns or operates a liquefied petroleum gas pipeline system that
  118  is used to transmit liquefied petroleum gas from a common source
  119  to the customer and that serves 10 or more customers.
  120         (11)(17) “License period” means the period 1 to 3 years
  121  from the issuance of the license.
  122         Section 2. Subsection (1) of section 527.0201, Florida
  123  Statutes, is amended, and paragraph (c) is added to subsection
  124  (2) of that section, to read:
  125         527.0201 Qualifiers; master qualifiers; examinations.—
  126         (1) In addition to the requirements of s. 527.02, any
  127  person applying for a license to engage in category I, category
  128  II, or category V, or category VII activities must prove
  129  competency by passing a written examination administered by the
  130  department or its agent with a grade of 70 percent or above in
  131  each area tested. Each applicant for examination shall submit a
  132  $20 nonrefundable fee. The department shall by rule specify the
  133  general areas of competency to be covered by each examination
  134  and the relative weight to be assigned in grading each area
  135  tested.
  136         (2) Application for examination for competency may be made
  137  by an individual or by an owner, a partner, or any person
  138  employed by the license applicant. Upon successful completion of
  139  the competency examination, the department shall register the
  140  examinee.
  141         (c) The department may contract with a not-for-profit,
  142  industry-specific trade association to conduct the training and
  143  examinations required by this section.
  144         Section 3. Subsection (1) of section 527.02, Florida
  145  Statutes, is amended to read:
  146         527.02 License; penalty; fees.—
  147         (1) It is unlawful for any person to engage in this state
  148  in the activities defined in s. 527.01(1)-(7) s. 527.01(6)-(11)
  149  without first obtaining from the department a license to engage
  150  in one or more of these businesses. The sale of liquefied
  151  petroleum gas cylinders with a volume of 10 pounds water
  152  capacity or 4.2 pounds liquefied petroleum gas capacity or less
  153  is exempt from the requirements of this chapter. It is a felony
  154  of the third degree, punishable as provided in s. 775.082, s.
  155  775.083, or s. 775.084, to intentionally or willfully engage in
  156  any of said activities without first obtaining appropriate
  157  licensure from the department.
  158         Section 4. This act shall take effect July 1, 2020.