Title: Motor Fuel Marketing Practices Act

Summary: Repeals Motor Fuel Marketing Practices Act, to terminate regulation of such practices under that act.

Full Text:
An act relating to the Motor Fuel Marketing Practices Act; repealing ss. 526.301-526.313, F.S., the Motor Fuel Marketing Practices Act, to terminate regulation of such practices under the act; amending s. 526.143, F.S.; conforming provisions to changes made by the act; providing an effective date. 9 Be It Enacted by the Legislature of the State of Florida: 11 Section 1. Sections 526.301, 526.302, 526.303, 526.304, 526.305, 526.306, 526.307, 526.308, 526.309, 526.311, 526.312, and 526.313, Florida Statutes, are repealed. Section 2. Section 526.143, Florida Statutes, is amended to read: 526.143 Alternate generated power capacity for motor fuel dispensing facilities.-(1) By June 1, 2007, each motor fuel terminal facility,as defined in s. 526.303(16), and each wholesaler that,as defined in s. 526.303(17), which sells motor fuel in this state must be capable of operating its distribution loading racks using an alternate generated power source for a minimum of hours. Pending a postdisaster examination of the equipment by the operator to determine any extenuating damage that would render it unsafe to use, the facility must have such alternate generated power source available for operation no later than hours after a major disaster as defined in s. 252.34. Installation of appropriate wiring, including a transfer switch, shall be performed by a certified electrical contractor. Each business that is subject to this subsection must keep a copy of the documentation of such installation on site or at its corporate headquarters. In addition, each business must keep a written statement attesting to the periodic testing and ensured operational capacity of the equipment. The required documents must be made available, upon request, to the Division of Emergency Management and the director of the county emergency management agency. (2) Each newly constructed or substantially renovated motor fuel retail outlet,as defined in s. 526.303(14), for which a certificate of occupancy is issued on or after July 1, 2006, shall be prewired with an appropriate transfer switch, and capable of operating all fuel pumps, dispensing equipment, lifesafety systems, and payment-acceptance equipment using an alternate generated power source. As used in this subsection, the term "substantially renovated" means a renovation that results in an increase of greater than percent in the assessed value of the motor fuel retail outlet. Local building inspectors shall include this equipment and operations check in the normal inspection process before issuing a certificate of occupancy. Each retail outlet that is subject to this subsection must keep a copy of the certificate of occupancy on site or at its corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic testing of and ensured operational capability of the equipment. The required documents must be made available, upon request, to the Division of Emergency Management and the director of the county emergency management agency. (3)(a) No later than June 1, 2007, each motor fuel retail outlet described in subparagraph 1., subparagraph 2., or subparagraph 3., which is located within one-half mile proximate to an interstate highway or state or federally designated evacuation route must be prewired with an appropriate transfer switch and be capable of operating all fuel pumps, dispensing equipment, lifesafety systems, and payment-acceptance equipment using an alternate generated power source: 1. A motor fuel retail outlet located in a county having a population of 300,000 or more which has or more fueling positions. 2. A motor fuel retail outlet located in a county having a population of 100,000 or more, but fewer than 300,000, which has 12 or more fueling positions. 3. A motor fuel retail outlet located in a county having a population of fewer than 100,000 which has eight or more fueling positions. (b) Installation of appropriate wiring and transfer switches must be performed by a certified electrical contractor. Each retail outlet that is subject to this subsection must keep a copy of the documentation of such installation on site or at its corporate headquarters. In addition, each retail outlet must keep a written statement attesting to the periodic testing of and ensured operational capacity of the equipment. The required documents must be made available, upon request, to the Division of Emergency Management and the director of the county emergency management agency. (4)(a) Subsections (2) and (3) apply to any self-service, full-service, or combination self-service and full-service motor fuel retail outlet regardless of whether the retail outlet is located on the grounds of, or is owned by, another retail business establishment that does not engage in the business of selling motor fuel. (b) Subsections (2) and (3) do not apply to: 1. An automobile dealer; 2. A person who operates a fleet of motor vehicles; 3. A person who sells motor fuel exclusively to a fleet of motor vehicles; or 4. A motor fuel retail outlet that has a written agreement with a public hospital, in a form approved by the Division of Emergency Management, wherein the public hospital agrees to provide the motor fuel retail outlet with an alternative means of power generation onsite so that the outlet's fuel pumps may be operated in the event of a power outage. (5)(a) Each corporation or other entity that owns or more motor fuel retail outlets located within a single county shall maintain at least one portable generator that is capable of providing an alternate generated power source as required under subsection (2) for every outlets. If an entity owns more than outlets or a multiple of outlets plus an additional outlets, the entity must provide one additional generator to accommodate such additional outlets. Each portable generator must be stored within this state, or may be stored in another state if located within miles of this state, and must be available for use in an affected location within hours after a disaster. (b) Each corporation or other entity that owns or more motor fuel retail outlets located within a single domestic security region, as determined pursuant to s. 943.0312(1), and that does not own additional outlets located outside the domestic security region shall maintain a written document of agreement with one or more similarly equipped entities for the use of portable generators that may be used to meet the requirements of paragraph (a) and that are located within this state but outside the affected domestic security region. The agreement may be reciprocal, may allow for payment for services rendered by the providing entity, and must guarantee the availability of the portable generators to an affected location within hours after a disaster. (c) For purposes of this section, ownership of a motor fuel retail outlet shall be the owner of record of the fuel storage systems operating at the location, as identified in the Department of Environmental Protection underground storage facilities registry pursuant to s. 376.303(1). (6) As used in this section, the term: (a) "Retail outlet" means a facility, including land and improvements, where motor fuel is offered for sale, at retail, to the motoring public. (b) "Terminal facility" means any inland, waterfront, or offshore appurtenance on land used for the purpose of storing, handling, or transferring motor fuel, but does not include bulk storage facilities owned or operated by a wholesaler. (c) "Wholesaler" means any person, other than a refiner or dealer, who purchases motor fuel at a terminal facility and supplies motor fuel to retail outlets. Section 3. This act shall take effect July 1, 2011.