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