Bill Text: FL S0998 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Sale of Liquefied Petroleum Gas
Spectrum: Bipartisan Bill
Status: (Passed) 2024-05-13 - Chapter No. 2024-170 [S0998 Detail]
Download: Florida-2024-S0998-Introduced.html
Bill Title: Sale of Liquefied Petroleum Gas
Spectrum: Bipartisan Bill
Status: (Passed) 2024-05-13 - Chapter No. 2024-170 [S0998 Detail]
Download: Florida-2024-S0998-Introduced.html
Florida Senate - 2024 SB 998 By Senator Collins 14-00349-24 2024998__ 1 A bill to be entitled 2 An act relating to the sale of liquefied petroleum 3 gas; amending s. 527.01, F.S.; defining the terms 4 “licensed location” and “remote bulk storage”; 5 amending s. 527.02, F.S.; authorizing up to two remote 6 bulk storage locations for specified licenses; 7 requiring such bulk storage locations to be located 8 within a specified distance of the licensed location; 9 amending s. 527.0201, F.S.; requiring that competency 10 examinations be completed within a specified 11 timeframe; providing eligibility criteria for 12 certification as a qualifier; prohibiting a person 13 from acting as a qualifier for more than one remote 14 bulk storage location; requiring qualifiers to 15 function in a position with specified authority; 16 prohibiting a person from acting as a master qualifier 17 for more than one licensee; amending s. 527.055, F.S.; 18 authorizing the Department of Agriculture and Consumer 19 Services to condemn unsafe equipment and order the 20 immediate removal of liquefied petroleum gas from 21 certain bulk storage locations; amending s. 527.0605, 22 F.S.; revising the applicability of specified 23 provisions for bulk storage locations; amending s. 24 527.067, F.S.; requiring persons servicing, testing, 25 repairing, maintaining, or installing liquefied 26 petroleum gas equipment and systems to include 27 specified information on certain documents; amending 28 s. 527.07, F.S.; prohibiting unauthorized persons from 29 adding liquefied petroleum gas to or removing 30 liquefied petroleum gas from certain containers and 31 receptacles; amending s. 527.11, F.S.; revising 32 minimum bulk storage requirements for liquefied 33 petroleum gas licenses; removing an exemption from 34 such requirements; prohibiting dealers from entering 35 into certain agreements; providing an effective date. 36 37 Be It Enacted by the Legislature of the State of Florida: 38 39 Section 1. Subsections (19) and (20) are added to section 40 527.01, Florida Statutes, to read: 41 527.01 Definitions.—As used in this chapter: 42 (19) “Licensed location” means the premises on which 43 category I, category II, category III, category IV, category V, 44 or category VI liquefied petroleum gas operations are performed. 45 (20) “Remote bulk storage” means the location of liquefied 46 petroleum gas stored for the sole purpose of filling delivery 47 vehicles used in delivery to an end user. 48 Section 2. Paragraph (d) is added to subsection (3) of 49 section 527.02, Florida Statutes, to read: 50 527.02 License; penalty; fees.— 51 (3) 52 (d) A category I liquefied petroleum gas dealer license may 53 include up to two remote bulk storage locations to meet the 54 minimum bulk storage requirements of s. 527.11. Remote bulk 55 storage locations must be located within 75 miles of the 56 licensed location and included in the category I liquefied 57 petroleum gas dealer license application. 58 Section 3. Subsections (2), (4), and (5) of section 59 527.0201, Florida Statutes, are amended to read: 60 527.0201 Qualifiers; master qualifiers; examinations.— 61 (2) Application for examination for competency may be made 62 by an individual or by an owner, a partner, or any person 63 employed by the license applicant. The examination for 64 competency must be completed within 90 days after the 65 application has been accepted by the department. Upon successful 66 completion of the competency examination, the department shall 67 register the examinee. 68 (a) Qualifier registration automatically expires if the 69 individual terminates active employment in the area of 70 examination for a period exceeding 24 months, or fails to 71 provide documentation of continuing education. If the qualifier 72 registration has expired, the individual must apply for and 73 successfully complete an examination by the department in order 74 to reestablish qualifier status. 75 (b) Every business organization in license category I, 76 category II, or category V shall employ at all times a full-time 77 qualifier who has successfully completed an examination in the 78 corresponding category of the license held by the business 79 organization. In order to apply for certification as a 80 qualifier, each applicant must have a minimum of 1 year of 81 verifiable LP gas experience. A person may not act as a 82 qualifier for more than one licensed or remote bulk storage 83 location. 84 (4) A qualifier for a business must actually function in a 85 position with authority to monitor and enforce safety provisions 86 under this chapter at the licensed locationsupervisory capacity87of other company employees performing licensed activities. A 88 separate qualifier shall be required for every 10 such 89 employees. 90 (5) In addition to all other licensing requirements, each 91 category I and category V licensee must, at the time of 92 application for licensure, identify to the department one master 93 qualifier who is a full-time employee of the licenseeat the94licensed location. This person shall be a manager, an owner, or 95 otherwise primarily responsible for overseeing the operations of 96 the licensed location and must provide documentation to the 97 department as provided by rule. A person may not act as a master 98 qualifier for more than one licensee. The master qualifier 99 requirement shall be in addition to the requirements of 100 subsection (1). 101 (a) In order to apply for certification as a master 102 qualifier, each applicant must have a minimum of 3 years of 103 verifiable LP gas experience or hold a professional 104 certification by an LP gas manufacturer as adopted by department 105 rule immediately preceding submission of the application, must 106 be employed by a licensed category I or category V licensee or 107 an applicant for such license, and must pass a master qualifier 108 competency examination administered by the department or its 109 agent. Master qualifier examinations shall be based on Florida’s 110 laws, rules, and adopted codes governing liquefied petroleum gas 111 safety, general industry safety standards, and administrative 112 procedures. The applicant must successfully pass the examination 113 with a grade of 70 percent or above. Each applicant for master 114 qualifier registration must submit to the department a 115 nonrefundable $30 examination fee before the examination. 116 (b) Upon successful completion of the master qualifier 117 examination, the department shall issue the examinee a master 118 qualifier registration. A master qualifier may transfer from one 119 licenseholder to another upon becoming employed by the company 120 and providing a written request to the department. 121 (c) A master qualifier registration expires 3 years after 122 the date of issuance and may be renewed by submission to the 123 department of documentation of completion of at least 16 hours 124 of approved continuing education courses during the 3-year 125 period; proof of employment; and a $30 certificate renewal fee. 126 The department shall define by rule approved courses of 127 continuing education. 128 Section 4. Subsection (5) is added to section 527.055, 129 Florida Statutes, to read: 130 527.055 General powers and duties.— 131 (5) The department shall have the powers and authority to 132 condemn unsafe equipment and order the immediate removal of 133 liquefied petroleum gas from storage that does not comply with 134 this chapter and is deemed a threat to the public health, 135 safety, and welfare. 136 Section 5. Subsection (1) of section 527.0605, Florida 137 Statutes, is amended to read: 138 527.0605 Liquefied petroleum gas bulk storage locations; 139 jurisdiction.— 140 (1) The provisions of this chapter apply to liquefied 141 petroleum gas bulk storage locations when: 142 (a) A single container in the bulk storage location has a 143 capacity of 2,000 gallons or more; 144 (b) The aggregate container capacity of the bulk storage 145 location is more than 4,000 gallonsor more; or 146 (c) A container or containers are installed for the purpose 147 of serving the public the liquid product. 148 Section 6. Present subsections (2) and (3) of section 149 527.067, Florida Statutes, are redesignated as subsections (3) 150 and (4), respectively, and a new subsection (2) is added to that 151 section, to read: 152 527.067 Responsibilities of persons engaged in servicing 153 liquefied petroleum gas equipment and systems and consumers, end 154 users, or owners of liquefied petroleum gas equipment or 155 systems.— 156 (2) All persons engaged in the business of servicing, 157 testing, repairing, maintaining, or installing liquefied 158 petroleum gas equipment and systems shall include on all work 159 orders, estimates, invoices, and similar documentation the name, 160 qualifier number, and license number of the person performing 161 the work. 162 Section 7. Section 527.07, Florida Statutes, is amended to 163 read: 164 527.07 Restriction on use of containers.— 165 (1) A person, other than the owner and those authorized by 166 the owner, may not sell, fill, refill, remove gas from, deliver, 167 permit to be delivered, or use in any manner any liquefied 168 petroleum gas container or receptacle for any gas or compound, 169 or for any other purpose. 170 (2) A person, other than those authorized by the end user, 171 may not add gas to or remove gas from any container or 172 receptacle that contains liquefied petroleum gas purchased or 173 contracted for transfer by, and in the lawful possession of, the 174 end user. 175 Section 8. Subsections (1) and (2) of section 527.11, 176 Florida Statutes, are amended to read: 177 527.11 Minimum storage.— 178 (1) Every person who engages in the distribution of 179 liquefied petroleum gas for resale to domestic, commercial, or 180 industrial consumers as a prerequisite to obtaining a liquefied 181 petroleum gas license shall install, own, or leaseabulk 182 storage with an aggregate capacityfilling plantof not less 183 than 18,000 gallons (water capacity) within thisthestateand184shall be located within a 75-mile radius of the licensed185company’s business location. TheThisbulk storagefilling plant186 must have loading and unloading provisions solely for the 187 licenseholder and be operated and maintained in compliance with 188 this chapter for the duration of the license. 189 (2)A dealer in liquefied petroleum gas licensed as of190August 31, 2000, who has entered or who enters into a written191agreement with a wholesaler that the wholesaler will provide192liquefied petroleum gas to the dealer for a period of 12193continuous months is exempt from the requirements of subsection194(1), if the wholesaler has at least 18,000 gallons (water195capacity) of bulk storage within this state permanently196connected for storage, which is used as such for each dealer to197whom gas is sold, and if the wholesaler has loading and198unloading provisions. Such dealer must provide certification of199this agreement on a form provided by the department to the200department before her or his license may be issued. The form201must be signed by both the wholesaler or his or her agent and202the dealer or his or her agent and must be submitted annually203with the license renewal application.A dealer who does not 204 provide written proof of minimum storage may have her or his 205 license denied, suspended, or revoked. A dealer or wholesaler 206 may not enter into written agreements that allocate an amount of 207 storage that exceeds the dealer’s or wholesaler’s total storage 208 capacity minus 18,000 gallons (water capacity). 209 Section 9. This act shall take effect July 1, 2024.