Bill No. HB 7135
Amendment No. 067875
Senate House

1Representative Mayfield offered the following:
3     Amendment (with title amendment)
4     Remove lines 5315-5472 and insert:
5     Section 91.  Section 526.201, Florida Statutes, is created
6to read:
7     526.201  Short title.--Sections 526.201-526.207 may be
8cited as the "Florida Renewable Fuel Standard Act."
9     Section 92.  Section 526.202, Florida Statutes, is created
10to read:
11     526.202  Legislative findings.--The Legislature finds it is
12vital to the public interest and to the state's economy to
13establish a market and the necessary infrastructure for
14renewable fuels in this state by requiring that all gasoline
15offered for sale in this state include a percentage of
16agriculturally derived, denatured ethanol. The Legislature
17further finds that the use of renewable fuel reduces greenhouse
18gas emissions and dependence on imports of foreign oil, improves
19the health and quality of life for Floridians, and stimulates
20economic development and the creation of a sustainable industry
21that combines agricultural production with state-of-the-art
23     Section 93.  Section 526.203, Florida Statutes, is created
24to 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
30gasoline and 9 to 10 percent fuel ethanol, by volume, that meets
31the specifications as adopted by the department. The fuel
32ethanol portion may be derived from any agricultural source.
33     (c)  "Fuel ethanol" means an anhydrous denatured alcohol
34produced by the conversion of carbohydrates that meets the
35specifications as adopted by the department.
36     (d)  "Unblended gasoline" means gasoline that has not been
37blended with fuel ethanol and that meets the specifications as
38adopted by the department.
39     (2)  FUEL STANDARD.--Beginning December 31, 2010, all
40gasoline sold or offered for sale in Florida by a terminal
41supplier, importer, blender, or wholesaler shall be blended
43     (3)  EXEMPTIONS.--The requirements of this act do not apply
44to 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
49eligible to be licensed as collector vehicles, off-road
50vehicles, motorcycles, or small engines.
51     (e)  Fuel unable to comply due to requirements of the
52United States Environmental Protection Agency.
53     (f)  Fuel transferred between terminals.
54     (g)  Fuel exported from the state in accordance with s.
56     (h)  Fuel qualifying for any exemption in accordance with
57chapter 206.
58     (i)  Fuel for a railroad locomotive.
59     (j)  Fuel for equipment, including vehicle or vessel,
60covered by a warranty that would be voided, if explicitly stated
61in writing by the vehicle or vessel manufacturer, if the
62equipment were to be operated using fuel meeting the
63requirements of subsection (2).
65All records of sale of unblended gasoline shall include the
66following statement: "Unblended gasoline may be sold only for
67the purposes authorized under s. 526.203(3), F.S."
68     (4)  REPORT.--Pursuant to s. 206.43, each terminal
69supplier, importer, blender, and wholesaler shall include in its
70report to the Department of Revenue the number of gallons of
71blended and unblended gasoline sold. The Department of Revenue
72shall provide a monthly summary report to the department.
73     Section 94. Section 526.204, Florida Statutes, is created
74to read:
75     526.204  Waivers and suspensions.--
76     (1)  If a terminal supplier, importer, blender, or
77wholesaler is unable to obtain fuel ethanol or blended gasoline
78at the same or lower price as unblended gasoline, then the sale
79or delivery of unblended gasoline by the terminal supplier,
80importer, blender, or wholesaler shall not be deemed a violation
81of this act. The terminal supplier, importer, blender, or
82wholesaler shall, upon request of the department, provide the
83required documentation regarding the sales transaction and price
84of fuel ethanol, blended gasoline, and unblended gasoline to the
86     (2)  To account for supply disruptions and ensure reliable
87supplies of motor fuels in the state, the requirements of this
88act shall be suspended when the provisions of s. 252.36(2) in
89any area of the state are in effect plus an additional 30 days.
90     Section 95.  Section 526.205, Florida Statutes, is created
91to read:
92     526.205  Enforcement; extensions.--
93     (1)  Unless a waiver or suspension pursuant to s. 526.204
94applies, or an extension has been granted pursuant to subsection
95(3), it shall be unlawful for a terminal supplier, importer,
96blender, or wholesaler to sell or distribute, or offer for sale
97or distribution, any gasoline which fails to meet the
98requirements of this act.
99     (2)  Upon a determination by the department of a violation
100of this act, the department shall enter an order imposing one or
101more 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-
105time or repeat offender, or any person who is shown to have
106willfully and intentionally violated any provision of this act,
107the administrative fine shall not exceed $5,000 per violation.
108When imposing any fine under this section, the department shall
109consider the monetary benefit to the violator as a result of
110noncompliance, whether the violation was committed willfully,
111and the compliance record of the violator. All funds recovered
112by the department shall be deposited into the General Inspection
113Trust Fund.
114     (3)  Any terminal supplier, importer, blender, or
115wholesaler may apply to the department by September 30, 2010,
116for an extension of time to comply with the requirements of this
117act. The application for an extension must demonstrate that the
118applicant has made a good faith effort to comply with the
119requirements but has been unable to do so for reasons beyond the
120applicant's control, such as delays in receiving governmental
121permits. The department shall review each application and make a
122determination as to whether the failure to comply was beyond the
123control of the applicant. If the department determines that the
124applicant made a good faith effort to comply, but was unable to
125do so for reasons beyond the applicant's control, the department
126shall grant an extension of time determined necessary for the
127applicant to comply.
128     Section 96.  Section 526.206, Florida Statutes, is created
129to read:
130     526.206  Rules.--The Department of Revenue and the
131Department of Agriculture and Consumer Services are authorized
132to adopt rules pursuant to ss. 120.536(1) and 120.54 to
133implement the provisions of this act.
134     Section 97.  Section 526.207, Florida Statutes, is created
135to read:
136     526.207  Studies and reports.--
137     (1)  The Florida Energy and Climate Commission shall
138conduct a study to evaluate and recommend the life-cycle
139greenhouse gas emissions associated with all renewable fuels,
140including, but not limited to, biodiesel, renewable diesel,
141biobutanol, and ethanol derived from any source. In addition,
142the commission shall evaluate and recommend a requirement that
143all renewable fuels introduced into commerce in the state, as a
144result of the renewable fuel standard, shall reduce the life-
145cycle greenhouse gas emissions by an average percentage. The
146commission may also evaluate and recommend any benefits
147associated with the creation, banking, transfer, and sale of
148credits among fuel refiners, blenders, and importers.
149     (2)  The Florida Energy and Climate Commission shall submit
150a report containing specific recommendations to the President of
151the Senate and the Speaker of the House of Representatives no
152later than December 31, 2010.
T I T L E  A M E N D M E N T
156     Remove lines 315-318 and insert:
157and reporting; creating s. 526.204, F.S.; providing for waivers;
158providing for suspension of standard requirement during declared
159emergencies; creating s. 526.205, F.S.; providing for
160enforcement of the act; providing for extensions; creating s.
161526.206, F.S.;

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