ENROLLED
       2024 Legislature                                   CS for SB 998
       
       
       
       
       
       
                                                              2024998er
    1  
    2         An act relating to the sale of liquefied petroleum
    3         gas; amending s. 527.01, F.S.; providing definitions;
    4         amending s. 527.02, F.S.; requiring certain remote
    5         bulk storage locations to comply with specified
    6         requirements; providing requirements for certain
    7         licenses; amending s. 527.0201, F.S.; requiring
    8         qualifier examinations to be completed within a
    9         specified timeframe; providing eligibility criteria
   10         for certain qualifier certification; prohibiting a
   11         person from acting as a qualifier for more than one
   12         location where certain liquefied petroleum gas
   13         activities are performed; providing requirements for
   14         qualifiers; prohibiting a person from acting as a
   15         master qualifier for more than one license; providing
   16         a condition under which the Department of Agriculture
   17         and Consumer Services may deny, refuse to renew,
   18         suspend, or revoke a qualifier or master qualifier
   19         registration; amending s. 527.055, F.S.; authorizing
   20         the department to condemn unsafe equipment and issue
   21         certain orders requiring the immediate removal of
   22         liquefied petroleum gas from certain storage; amending
   23         s. 527.0605, F.S.; revising the applicability of
   24         specified provisions for bulk storage locations;
   25         amending s. 527.067, F.S.; requiring persons
   26         servicing, testing, repairing, maintaining, or
   27         installing liquefied petroleum gas equipment and
   28         systems to include specified information on all work
   29         orders, invoices, and similar documents; amending s.
   30         527.07, F.S.; prohibiting unauthorized persons from
   31         adding gas to or removing gas from certain containers
   32         and receptacles; requiring the department to adopt
   33         specified rules; amending s. 527.11, F.S.; revising
   34         minimum bulk storage requirements for liquefied
   35         petroleum gas licenses; removing an exemption from
   36         such requirements; prohibiting dealers from entering
   37         into certain agreements; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Subsections (19) and (20) are added to section
   42  527.01, Florida Statutes, to read:
   43         527.01 Definitions.—As used in this chapter:
   44         (19)“Licensed location” means the premises on which
   45  category I, category II, category III, category IV, category V,
   46  or category VI liquefied petroleum gas operations are performed,
   47  excluding remote bulk storage.
   48         (20)“Remote bulk storage” means the location of liquefied
   49  petroleum gas stored for the sole purpose of filling delivery
   50  vehicles used in delivery to an end user.
   51         Section 2. Present subsections (3), (4), and (5) of section
   52  527.02, Florida Statutes, are redesignated as subsections (4),
   53  (5), and (6), respectively, a new subsection (3) is added to
   54  that section, and paragraph (d) is added to present subsection
   55  (3) of that section, to read:
   56         527.02 License; penalty; fees.—
   57         (3)Each remote bulk storage location of a category I
   58  liquefied petroleum gas dealer must comply with the category I
   59  liquefied petroleum gas dealer licensing requirements under
   60  subsection (2).
   61         (4)(3)
   62         (d)A category I liquefied petroleum gas dealer license
   63  shall include one licensed location and may include up to two
   64  remote bulk storage locations. Remote bulk storage locations
   65  must be located within a 75-mile radius of the licensed location
   66  and included in the category I liquefied petroleum gas dealer
   67  license application.
   68         Section 3. Subsections (2), (4), (5), and (7) of section
   69  527.0201, Florida Statutes, are amended to read:
   70         527.0201 Qualifiers; master qualifiers; examinations.—
   71         (2) Application for examination for competency may be made
   72  by an individual or by an owner, a partner, or any person
   73  employed by the license applicant. The examination for
   74  competency must be completed within 90 days after the
   75  application has been accepted by the department. Upon successful
   76  completion of the competency examination, the department shall
   77  register the examinee.
   78         (a) Qualifier registration automatically expires if the
   79  individual terminates active employment in the area of
   80  examination for a period exceeding 24 months, or fails to
   81  provide documentation of continuing education. If the qualifier
   82  registration has expired, the individual must apply for and
   83  successfully complete an examination by the department in order
   84  to reestablish qualifier status.
   85         (b) Every business organization in license category I,
   86  category II, or category V shall employ at all times a full-time
   87  qualifier who has successfully completed an examination in the
   88  corresponding category of the license held by the business
   89  organization. In order to apply for certification as a category
   90  I or category V qualifier, each applicant must have a minimum of
   91  1 year of verifiable LP gas experience. A person may not act as
   92  a qualifier for more than one licensed location where liquefied
   93  petroleum gas activities described in s. 527.01(6), (7), or (10)
   94  are performed.
   95         (4) A qualifier for a business must actually function in a
   96  position with authority to monitor and enforce safety provisions
   97  under this chapter at the licensed location supervisory capacity
   98  of other company employees performing licensed activities. A
   99  separate qualifier shall be required for every 10 such employees
  100  performing liquefied petroleum gas activities.
  101         (5) In addition to all other licensing requirements, each
  102  category I and category V licensee must, at the time of
  103  application for licensure, identify to the department one master
  104  qualifier who is a full-time employee of the licensee at the
  105  licensed location. This person shall be a manager, owner, or
  106  otherwise primarily responsible for overseeing the operations of
  107  the licensed location and must provide documentation to the
  108  department as provided by rule. A person may not act as a master
  109  qualifier for more than one license. The master qualifier
  110  requirement shall be in addition to the requirements of
  111  subsection (1).
  112         (a) In order to apply for certification as a master
  113  qualifier, each applicant must have a minimum of 3 years of
  114  verifiable LP gas experience or hold a professional
  115  certification by an LP gas manufacturer as adopted by department
  116  rule immediately preceding submission of the application, must
  117  be employed by a licensed category I or category V licensee or
  118  an applicant for such license, and must pass a master qualifier
  119  competency examination administered by the department or its
  120  agent. Master qualifier examinations shall be based on Florida’s
  121  laws, rules, and adopted codes governing liquefied petroleum gas
  122  safety, general industry safety standards, and administrative
  123  procedures. The applicant must successfully pass the examination
  124  with a grade of 70 percent or above. Each applicant for master
  125  qualifier registration must submit to the department a
  126  nonrefundable $30 examination fee before the examination.
  127         (b) Upon successful completion of the master qualifier
  128  examination, the department shall issue the examinee a master
  129  qualifier registration. A master qualifier may transfer from one
  130  licenseholder to another upon becoming employed by the company
  131  and providing a written request to the department.
  132         (c) A master qualifier registration expires 3 years after
  133  the date of issuance and may be renewed by submission to the
  134  department of documentation of completion of at least 16 hours
  135  of approved continuing education courses during the 3-year
  136  period; proof of employment; and a $30 certificate renewal fee.
  137  The department shall define by rule approved courses of
  138  continuing education.
  139         (7) The department may deny, refuse to renew, suspend, or
  140  revoke any qualifier or master qualifier registration for any of
  141  the following causes:
  142         (a) Violation of any provision of this chapter or any rule
  143  or order of the department;
  144         (b) Falsification of records relating to the qualifier or
  145  master qualifier registration; or
  146         (c) Failure to meet any of the renewal requirements; or
  147         (d)Demonstration of a lack of trustworthiness to engage in
  148  activities requiring a qualifier identification card as defined
  149  by department rule pursuant to s. 527.02(5).
  150         Section 4. Subsection (5) is added to section 527.055,
  151  Florida Statutes, to read:
  152         527.055 General powers and duties.—
  153         (5)The department shall have the powers and authority to
  154  condemn unsafe equipment and issue an immediate final order
  155  requiring the immediate removal of liquefied petroleum gas from
  156  storage that does not comply with this chapter and is deemed a
  157  threat to the public health, safety, and welfare.
  158         Section 5. Paragraph (b) of subsection (1) of section
  159  527.0605, Florida Statutes, is amended to read:
  160         527.0605 Liquefied petroleum gas bulk storage locations;
  161  jurisdiction.—
  162         (1) The provisions of this chapter apply to liquefied
  163  petroleum gas bulk storage locations when:
  164         (b) The aggregate container capacity of the bulk storage
  165  location is more than 4,000 gallons or more; or
  166         Section 6. Present subsections (2) and (3) of section
  167  527.067, Florida Statutes, are redesignated as subsections (3)
  168  and (4), respectively, and a new subsection (2) is added to that
  169  section, to read:
  170         527.067 Responsibilities of persons engaged in servicing
  171  liquefied petroleum gas equipment and systems and consumers, end
  172  users, or owners of liquefied petroleum gas equipment or
  173  systems.—
  174         (2)All persons engaged in the business of servicing,
  175  testing, repairing, maintaining, or installing liquefied
  176  petroleum gas equipment and systems shall include on all work
  177  orders, invoices, or similar documents the name of the person
  178  performing the work and the applicable qualifier number.
  179         Section 7. Section 527.07, Florida Statutes, is amended to
  180  read:
  181         527.07 Restriction on use of containers.—
  182         (1) A person, other than the owner and those authorized by
  183  the owner, may not sell, fill, refill, remove gas from, deliver,
  184  permit to be delivered, or use in any manner any liquefied
  185  petroleum gas container or receptacle for any gas or compound,
  186  or for any other purpose.
  187         (2)A person, other than those authorized by the end user,
  188  may not add gas to or remove gas from any container or
  189  receptacle that contains liquefied petroleum gas purchased or
  190  contracted for transfer by, and in the lawful possession of, the
  191  end user. The department shall adopt rules to provide exceptions
  192  for emergencies.
  193         Section 8. Subsections (1) and (2) of section 527.11,
  194  Florida Statutes, are amended to read:
  195         527.11 Minimum storage.—
  196         (1) Every person who engages in the distribution of
  197  liquefied petroleum gas for resale to domestic, commercial, or
  198  industrial consumers as a prerequisite to obtaining a liquefied
  199  petroleum gas license shall install, own, or lease a bulk
  200  storage with an aggregate capacity filling plant of not less
  201  than 18,000 gallons (water capacity) within the state and shall
  202  be located within a 75-mile radius of the licensed company’s
  203  business location. The This bulk storage filling plant must have
  204  loading and unloading provisions solely for the licenseholder
  205  and be operated and maintained in compliance with this chapter
  206  for the duration of the license.
  207         (2) A dealer in liquefied petroleum gas licensed as of
  208  August 31, 2000, who has entered or who enters into a written
  209  agreement with a wholesaler that the wholesaler will provide
  210  liquefied petroleum gas to the dealer for a period of 12
  211  continuous months is exempt from the requirements of subsection
  212  (1), if the wholesaler has at least 18,000 gallons (water
  213  capacity) of bulk storage within this state permanently
  214  connected for storage, which is used as such for each dealer to
  215  whom gas is sold, and if the wholesaler has loading and
  216  unloading provisions. Such dealer must provide certification of
  217  this agreement on a form provided by the department to the
  218  department before her or his license may be issued. The form
  219  must be signed by both the wholesaler or his or her agent and
  220  the dealer or his or her agent and must be submitted annually
  221  with the license renewal application. A dealer who does not
  222  provide written proof of minimum storage may have her or his
  223  license denied, suspended, or revoked. A dealer or wholesaler
  224  may not enter into written agreements that allocate an amount of
  225  storage that exceeds the dealer’s or wholesaler’s total storage
  226  capacity minus 18,000 gallons (water capacity).
  227         Section 9. This act shall take effect July 1, 2024.