HB 4085

1	A bill to be entitled
2	An act relating to the Motor Fuel Marketing Practices Act;
3	repealing ss. 526.301-526.313, F.S., the Motor Fuel
4	Marketing Practices Act, to terminate regulation of such
5	practices under the act; amending s. 526.143, F.S.;
6	conforming provisions to changes made by the act;
7	providing an effective date.
8
9	Be It Enacted by the Legislature of the State of Florida:
10
11	Section 1.  Sections 526.301, 526.302, 526.303, 526.304,
12	526.305, 526.306, 526.307, 526.308, 526.309, 526.311, 526.312,
13	and 526.313, Florida Statutes, are repealed.
14	Section 2.  Section 526.143, Florida Statutes, is amended
15	to read:
16	526.143  Alternate generated power capacity for motor fuel
17	dispensing facilities.-
18	(1)  By June 1, 2007, each motor fuel terminal facility, as
19	defined in s. 526.303(16), and each wholesaler that, as defined
20	in s. 526.303(17), which sells motor fuel in this state must be
21	capable of operating its distribution loading racks using an
22	alternate generated power source for a minimum of 72 hours.
23	Pending a postdisaster examination of the equipment by the
24	operator to determine any extenuating damage that would render
25	it unsafe to use, the facility must have such alternate
26	generated power source available for operation no later than 36
27	hours after a major disaster as defined in s. 252.34.
28	Installation of appropriate wiring, including a transfer switch,
29	shall be performed by a certified electrical contractor. Each
30	business that is subject to this subsection must keep a copy of
31	the documentation of such installation on site or at its
32	corporate headquarters. In addition, each business must keep a
33	written statement attesting to the periodic testing and ensured
34	operational capacity of the equipment. The required documents
35	must be made available, upon request, to the Division of
36	Emergency Management and the director of the county emergency
37	management agency.
38	(2)  Each newly constructed or substantially renovated
39	motor fuel retail outlet, as defined in s. 526.303(14), for
40	which a certificate of occupancy is issued on or after July 1,
41	2006, shall be prewired with an appropriate transfer switch, and
42	capable of operating all fuel pumps, dispensing equipment,
43	lifesafety systems, and payment-acceptance equipment using an
44	alternate generated power source. As used in this subsection,
45	the term "substantially renovated" means a renovation that
46	results in an increase of greater than 50 percent in the
47	assessed value of the motor fuel retail outlet. Local building
48	inspectors shall include this equipment and operations check in
49	the normal inspection process before issuing a certificate of
50	occupancy. Each retail outlet that is subject to this subsection
51	must keep a copy of the certificate of occupancy on site or at
52	its corporate headquarters. In addition, each retail outlet must
53	keep a written statement attesting to the periodic testing of
54	and ensured operational capability of the equipment. The
55	required documents must be made available, upon request, to the
56	Division of Emergency Management and the director of the county
57	emergency management agency.
58	(3)(a)  No later than June 1, 2007, each motor fuel retail
59	outlet described in subparagraph 1., subparagraph 2., or
60	subparagraph 3., which is located within one-half mile proximate
61	to an interstate highway or state or federally designated
62	evacuation route must be prewired with an appropriate transfer
63	switch and be capable of operating all fuel pumps, dispensing
64	equipment, lifesafety systems, and payment-acceptance equipment
65	using an alternate generated power source:
66	1.  A motor fuel retail outlet located in a county having a
67	population of 300,000 or more which has 16 or more fueling
68	positions.
69	2.  A motor fuel retail outlet located in a county having a
70	population of 100,000 or more, but fewer than 300,000, which has
71	12 or more fueling positions.
72	3.  A motor fuel retail outlet located in a county having a
73	population of fewer than 100,000 which has eight or more fueling
74	positions.
75	(b)  Installation of appropriate wiring and transfer
76	switches must be performed by a certified electrical contractor.
77	Each retail outlet that is subject to this subsection must keep
78	a copy of the documentation of such installation on site or at
79	its corporate headquarters. In addition, each retail outlet must
80	keep a written statement attesting to the periodic testing of
81	and ensured operational capacity of the equipment. The required
82	documents must be made available, upon request, to the Division
83	of Emergency Management and the director of the county emergency
84	management agency.
85	(4)(a)  Subsections (2) and (3) apply to any self-service,
86	full-service, or combination self-service and full-service motor
87	fuel retail outlet regardless of whether the retail outlet is
88	located on the grounds of, or is owned by, another retail
89	business establishment that does not engage in the business of
90	selling motor fuel.
91	(b)  Subsections (2) and (3) do not apply to:
92	1.  An automobile dealer;
93	2.  A person who operates a fleet of motor vehicles;
94	3.  A person who sells motor fuel exclusively to a fleet of
95	motor vehicles; or
96	4.  A motor fuel retail outlet that has a written agreement
97	with a public hospital, in a form approved by the Division of
98	Emergency Management, wherein the public hospital agrees to
99	provide the motor fuel retail outlet with an alternative means
100	of power generation onsite so that the outlet's fuel pumps may
101	be operated in the event of a power outage.
102	(5)(a)  Each corporation or other entity that owns 10 or
103	more motor fuel retail outlets located within a single county
104	shall maintain at least one portable generator that is capable
105	of providing an alternate generated power source as required
106	under subsection (2) for every 10 outlets. If an entity owns
107	more than 10 outlets or a multiple of 10 outlets plus an
108	additional 6 outlets, the entity must provide one additional
109	generator to accommodate such additional outlets. Each portable
110	generator must be stored within this state, or may be stored in
111	another state if located within 250 miles of this state, and
112	must be available for use in an affected location within 24
113	hours after a disaster.
114	(b)  Each corporation or other entity that owns 10 or more
115	motor fuel retail outlets located within a single domestic
116	security region, as determined pursuant to s. 943.0312(1), and
117	that does not own additional outlets located outside the
118	domestic security region shall maintain a written document of
119	agreement with one or more similarly equipped entities for the
120	use of portable generators that may be used to meet the
121	requirements of paragraph (a) and that are located within this
122	state but outside the affected domestic security region. The
123	agreement may be reciprocal, may allow for payment for services
124	rendered by the providing entity, and must guarantee the
125	availability of the portable generators to an affected location
126	within 24 hours after a disaster.
127	(c)  For purposes of this section, ownership of a motor
128	fuel retail outlet shall be the owner of record of the fuel
129	storage systems operating at the location, as identified in the
130	Department of Environmental Protection underground storage
131	facilities registry pursuant to s. 376.303(1).
132	(6)  As used in this section, the term:
133	(a)  "Retail outlet" means a facility, including land and
134	improvements, where motor fuel is offered for sale, at retail,
135	to the motoring public.
136	(b)  "Terminal facility" means any inland, waterfront, or
137	offshore appurtenance on land used for the purpose of storing,
138	handling, or transferring motor fuel, but does not include bulk
139	storage facilities owned or operated by a wholesaler.
140	(c)  "Wholesaler" means any person, other than a refiner or
141	dealer, who purchases motor fuel at a terminal facility and
142	supplies motor fuel to retail outlets.
143	Section 3.  This act shall take effect July 1, 2011.

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