May 2? 2008 14:33 MAY-27-2888 15:83 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@6 } 7) Florida Depattment of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol » Tallahassee, FL 32399-0800 www.doacs.state.fl.us Please Respond to: Division of Standards 4125 Conner Boulevard, Suite © Tallahassee, FL 32399-1650 Telephone; (850) 487-3600 Fax: (850) 922-8971 March 27, 2008 VIA CERTIFIED MAIL/Article #7160 3901 9845 4235 8830 RETURN RECEIPT REQUESTED Mr. Gonzalo Cruz, Director Consumer Gas Plumbing Corporation d/b/a Blue Gas Flumbing/Blue Gas Propane 1234.N.W. 79 Street Miami, FI. 33147 RE: ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT AC Number A54783 INVESTIGATION RESULTS The Department of Agriculture and Consumer Services (hereafter “Department”) conducted an annual inspection on December 11, 2007, of a liquefied petroleum gas cargo vehicle (#207299), owned by Consumer Gas Plumbing Corporation, d/b/a Blue Gas Plumbing/Blue Gas Propane (hereafter “Respondent”), 1234 N.W. 79 Street, Miami, Florida. The Department’s inspection revealed that Respondent’s cargo vehicle (#207299) had several deficiencies, which included, expired visual (V) and leak (K) inspections, off-track remote was inoperable, annual mechanical inspection was not documented, leaks in pump seal, fire extinguisher inspection not documented, the monthly delivery hose inspection not documented, and the monthly emergency discharge test not documented. Red Tag #1929 was placed on the steering wheel of the vehicle to prevent liquefied petroleum gas being introduced into or out of the vehicle, The Red Tag states, “This equipment has been redtagged under authority of Section 527.10, Florida Statutes, for violations of Florida law, No LP gas may be introduced into or sold from this equipment until all violations have been corrected and this equipment has been reinstated and this tag removed by an official of the Department of Agriculture and Consumer Services, Division of Standards, Bureau of LP Gas Inspection.” A totalizer reading was noted at 1,047,447 and the mileage noted at 150,162. On December 26, 2007, the Department conducted a re-inspection of Respondent's cargo vehicle (#207299). All deficiencies discovered on December 11, 2007, had been corrected; however, Red Tag #1929 had been removed from the steering wheel and was located lying on the floor of the vehicle. The totalizer reading was noted at 1,053,337, which reveals 5,890 gallons of liquefied petroleum gas had been a ite Florida Agriculture and Forest Products May 2? 2008 14:33 MAY-2?-2888 15:83 DEPT OF AGRICULTURE LEGAL 856 245 1681 Pa? i } pumped through the meter since the Red Tag was placed on the vehicle on December 11, 2007. Further, the mileage was noted at 150,827, which reveals the vehicle had been driven a total of 665 miles since the December 11, 2007 inspection and placement of Red Tag #1929. Asa result of the Department’s December 26, 2007 inspection, it was found that Respondent committed the following violation: Operating a container or system that has been identified by the Department as not complying with the rules of such container or system, until such violations have been satisfactorily corrected and authorization for continued service or removal granted by the Department, in violation of Section 527.10, Florida Statutes. The container or container or system identified in this Administrative Complaint and Settlement Agreement, was identified with the placing of a red tag, as authorized in Rule 5F-1 1.026, Florida Administrative Code. SETTLEMENT At this time, the Department is willing to settle this matter as follows: (a) Respondent shall refrain from any further violations of the LP Gas laws in Chapter 527, Florida Statutes, and Chapter 5F-11, Florida Administrative Code; and (b) Respondent will make a payment of $3,000 in the form of a check or money order payable to the “Department of Agriculture and Consumer Services”; and (c) Respondent will sign, date and complete the Settlement Agreement where indicated; and (d) Respondent will return the above payment and Settlement Agreement, and any other documents required to be submitted in the enclosed envelope within sufficient time so that the Department receives them within 21 days of your receipt of this letter; and (e) Respondent acknowledges and agrces that this Settlement Agreement is subject to the final review and approval of the Florida Commissioner of Agriculture or his designee; and (f) Respondent further acknowledges and agrees that if it fails to comply with the terms of this Settlement Agreement, the Department may enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. If this settlement is acceptable, please indicate your acceptance by signing the attached Settlement Agreement and return the original of this letter along with all other documents requited for settlcment in the enclosed envelope within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter subject to final approval by the Commissioner's office. ADMINISTRATIVE HEARING AVAILABLE If you wish to contest the department’s findings, you have the tight to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf if'a hearing is requested. Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact ot a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. If you request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty. May 2? 2008 14:34 MAY-27?-2888 15:84 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.@8 ) ) DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE, HEARING If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the department may enter 4 Final Order imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please contact me at (850) 487-3600. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE Gal AA Art Williams Investigator Supervisor Attachments: Return Envelope _#_ Settlement Agreement é Notice of Rights/Hearing Request Form May 2? 2008 14:34 MAY-27-2888 15:fd DEPT OF AGRICULTURE LEGAL 858 245 1681 P.a@g Florida Department of Agriculture and Make check payable to and remit form to: Consumer Services FL Department of Agnculture and Consumor Services P.O, Box 6720 Tallahassee, FL, 32314-6720 SETTLEMENT AGREEMENT March 27, 2008 Consumer Gas Plumbing Corporation d/b/a Blue Gas Plumbing/Blue 1234 'N.W, 79 Street Miami, FL: 33147 AC #454783 hereby agree to settle the violation(s) stated in the Administrative Complaint and Settlement Agreement dated March 27, 2008 __, as follows (check one): T agree to pay the fine amount of $3,000 _, and comply with all laws governing Liquefied Petroleum Gas in the State of Florida. lL agree to pay the fine amount of $3,000 _. and immediately cease conducting Liquefied Petroleum Gas activities in the State of Florida. I further agree that if] fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. APPROVED BY: CHARLES H. BRONSON Name (please print) Legal Name of Business COMMISSIONER OF AGRICULTURE Signature . Date Title Telephone Number ™ Terry L. Rhodes Assistant Commissioner FL Department of Agriculture and Consumer Services ATTACH ALL ITEMS REQUIRED FOR SETTLEMENT i Org, Code: — 42-03-05-01-000 cc: Division of Standards EO: A-2 Object Code: 012052 MAY-27?-2888 May 2? 2008 14:34 15:85 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.18 ) } Administrative Complaint No: A 3. 4 7 3 FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES NOTICE OF RI $ AND HEARING T FORM "(pursuant to Chapter 120, Florida Statutes) ‘You may request a hearing where you do not dispute the facts (Informal Hearing) or a hearing to dispute the facts (Formal Hearing). Your choice must be made within twenty-one (21) days, Failure to comply with the twenty-one (21) day deadline may result in a default being entered against you. Mediation pursuant to Chapter 120, Florida Statutes is not available. INFO. HEARING If you do not dispute or wish to contest the facts in the administrative complaint, but wish to object to the agency action, i.e. the application of the law to the facts or the proposed penalty, you should choose this option. An informal hearing is an informal proceeding before the Department whereby you will have the opportunity to be represented by counsel, to present written or oral evidence in opposition to the Department’s proposed action, or to present a written statement challenging the grounds upon which the Department is justifying its actions. You will have the opportunity to discuss settlement at the informal hearing. FO HE. G If you dispute the facts in the administrative complaint you should choose a formal hearing. Formal hearings are like non-jury trials, and are held before an administrative law judge. At a formal hearing, you will have the opportunity to be represented by counsel, to present evidence and argument on all - issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, and to file exceptions to the administrative law judge's recommended order. If you choose a formal hearing, the Division will refer your file to the Department’s legal staff for handling, Please note that the administrative complaint may be amended to increase the violations or the proposed penalty. Your case will then be forwarded to the Division of Administrative Hearings for assignment of an administrative law judge. You will ordinarily be required to appear in person. TO REQUEST A HEARING, COMPLETE THE FORM ON THE REVERSE SIDE AND RETURN TO: Art Williams, Investigator Supervisor ; Division of Standards Department of Agriculture & Consumer Services 3125 Conner Boulevard, Suite E Tallahassee, Florida 32399-1650 Telephone: (850) 487-3000 May 2? 2008 14:35 MAY-27-2888 15:65 DEPT OF AGRICULTURE LEGAL OSA 245 1001 Pd } \ Administrative Complaint Ne: AS Y 78. 3 BEARING REQUEST FORM Please check whether you want an informal or formal hearing and complete all items below, For your informal hearlog, please chock: {] 1 wish to appear in person and submit documents at or before the hearing. [] I wish to participate by telephone conference and subinit documents prior to the hearing date. [] ° I wish only to submit a written statoment, [NOTE: Any documents not received prior to the hearing will not be considered] [] FORMAL HEARING REOVESTED. . Please type or print the information requested. Name: _., Telephone: Address: Business Name: : Telephone: Business Address: . . _ _ Name of Legal Counsel or Representative: Address: Telephone: Please state how your substantial interests will be affected by the Departmant’s determination, Please state when and how you teceived your tiolice of the Dopartment’s administrative complaint or decision. Give a concise statemgnt of the ultimate facts alleged, including the speclfic facts you contend warrait reversal or modification of the Department's proposed action. : , Give a statement of the specific rules or statutes you contend requires reversal or modification of the Department’s proposed actions. Plense describe briefly the relief you are secking and what action you propose to have the Depertmotit take with respect to the Department’s proposed action. : ; ; FOR A FORMAL HEARING- List all disputed issues of materlal facts and if none so indicato, Date: Signature for Individual Signature for Corporation and Title (ie, President, VP, Sec, Treas,) Date: RETURN THIS FORM TO: Art Willlams, Investigator Supervisor Division of Standards Department of Agriculture & Consumer Services 3124 Conner Boulevard, Suite E Taliahassee, FL 32399-1650 Telephove: (850) 487-3600 May 2 2008 14:45 MaY-27- : 2088 15:05 DEPT OF AGRICLLTURE LEGAL O59 245 1001 P.12 } I FORM #38903 VERSION: 10/07 { 4 He nom WALZ ™ U.S. PAT. NO. 5,601,588 7740 3902 9845 4235 4830 VALZ TO: WALZ nc nee pene tes ae 4 10: AAILER™ Mr. Gonzalo Cruz, Director Consumer Gas Plumbing Corporation, d/b/a Blue Gas Plumbing/Blue Gas Propane 1234 NW. 79 Street Miami, FL 33147 Label #1 #) SENDER: Art Williams C-17 q Me. Gonzalo Cruz, Director , 3 REFERENCE: 42-03-05-01-000 A54783 tpg Consumer Gas Plumbing Corporation : Label #2 d/b/a Blue Gas Plumbing/Blue Ges Propane | { 1234 N.W. 79 Street 3 {29 For aang, rua 205, Miami, FL 33147 : | ; AETURN Postage > Gy I Cartiied Fea 63 ' SERVICE Figturn Receipt Fea ZI Restricted Dallvery_ Total Poslage & Fer mors 4 3125 Conner Blvd., Suite by voruabiin Label#3 | Tallabassee, FL 32399-1640 US Postal Service he Recelpt for Certified Mail No Inqurance Coverage Provided De Not Use for International Malt Label #8 - Laisel #6 Mr. Gonzalo Cruz, Director ' Consumer Gas Plumbing Corporation d/b/a Blue Gas Plumbing/Blue Gas Propane ! 1234 N.W. 79 Street | Miami, FL 33147 f 6Cherge | Amount: § \ Certified Article Number 7ibO 3901 9845 42355 4430 SENDERS RECORD Charge To: May 2? 2008 14:35 MAY-27-2008 15:6 DEPT OF AGRICULTURE LEGAL 959 245 1981 P13 ) 4 MEMORANDUM DATE: February 5, 2008 ‘Sy HAS BD TO: Art Williams — Investigator Supervisor FROM: Vicki O’Neil -- Chief, Bureau of LP Gas Inspections O SUBJECT: Administrative Complaint -- Consumer Gas Plumbing Corporation d/b/a Blue Gas Plumbing/Blue Gas Propane Issue an Administrative Complaint to: Attn: Mr. Gonzalo Cruz - Director Company: Consumer Gas Plumbing Corporation d/b/a Blue Gas Plumbing/Blue Gas Propane Address: 1234 NW 79" St City, State, Zip: Miami, Fl 33147 Telephone # 305-468-3617 . LP Gas License # 15520 LP Gas License Type: Category I Liquefied Petroleum, Gas Dealer (0601) Location of Violation: Consumer Gas Plumbing Corporation d/b/a Blue Gas Plumbing/Blue Gas Propane 1234 NW 79° St Miami, F] 33147 Date of Violation: 12/26/07 Fine Amount: $3,000.00 pate Oe ea Violation: Operating red-tagged LP gas system without prior Department approval in violation of Section 527.10, Florida Statutes and Section 5F-11.026, Florida Administrative Code. Summary of Violation: During an annual inspection of cargo vehicle # 207299 at Consumer Gas Plumbing Corporation d/b/a Blue Gas Plumbing/Blue Gas Propane on 12/11/07, the inspector discovered the VK inspections were expired and the off- truck remote was inoperable. The inspector placed red tag #-1929 on the steering wheel of cargo vehicle # 207299, took an odometer reading (150,162 miles) and a totalizer reading (1,047,447 gallons). Repairs were made and a re- inspection was conducted on cargo vehicle # 207299 on 12/26/07. The inspector discovered red tag # 1929 was no longer attached to the steering wheel, but was observed lying on the floor in the cab of the vehicle. The inspector May 27 2008 14:36 MAY-2?-2888 15:86 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.14 ) [ again took an odometer reading (150,827 miles) and a totalizer reading (1,053,337 gallons). These readings indicate cargo vehicle # 207299 had been driven. 665 — miles and 5,890 gallons of LP gas had been pumped through the meter since the red tag had been placed on 12/11/07. The final meter ticket used on, 12/10/07, prior to the cargo vehicle being red-tagged has a sequential stamp number of 741/742. The first meter ticket used on 12/26/07, the day the cargo vehicle was re-inspected has asequential stamp number of 770/771. There were 28 sequentially stamped meter tickets used after the cargo vehicle was red-tagged and prior to the re-inspection on 12/26/07. This indicates that the cargo vehicle operated and delivered gas after the red tag was placed, prior to the repaits being completed, and a request for re-inspection by the licensee. Statute, Rule, Code: Section 527.10, Florida Statutes and Section 5F-11.026, Florida Administrative Code. Penalty: 3,000.00 Does this matter involve an LP Gas accident? No Does this matter involve injuries? No Does this matter involve property damage? No Compliance Record: One previous cite, not related. A 53465 Date of violation: 12/11/07, fine: $2,500.00, not paid, open. Attachments: LP Gas License and Application Copy of Corporate Information Copy of Statute, Rule, Code Facility Inspection Report dated 12/11/07 Facility Inspection Report dated 12/26/07 Daily Bulk Report 12/10/07 Daily Bulk Report 12/26/07 Final Delivery Invoice 12/10/07 (3) Delivery Invoices 12/26/07 Investigation Summary dated 12/26/07 Supplemental Investigation Summary dated 02/04/08 May 27 2008 14:36 MAY-27-2888 15:86 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.is yoo Florida Department of Agriculture and Consumer Services Bureatl of Liquefied Petroleum Gas Inspection P.O, Box 6720 Tallahassee, Florida 32399-6720 License Number: 15620 Business Mailing Address Licensed Location Address CONSUMER GAS PLUMBING CORPORATION CONSUMER GAS PLUMBING CORPORATION DBA BLUE GAS PLUMBING BLUE GAS PROPANE DBA BLUE GAS PLUMBING BLUE GAS PROPANE 4234 NW 79TH ST 1234 NW 79TH ST MIAMI, FL 33147-8212 MIAMI, FL 33147-8212 The liquefied petroleum gas Ilcense at the bottom of this form is valid ONLY for the company located at the address on the license. Each business location of a company must be Ilcangzed. All LP Gas licenses must be renewed annually. Any license allowed to expire shall become inoperative because of failure to renew. The fee for restoration of a license is equal to the original license faa and must be pald before the licensee may resume operations. IN THE EVENT OF AN OWNERSHIP CHANGE AT THIS BUSINESS LOCATION: This license may be transferred to any person, firm or corporation for the remainder of the current license year upon written request to the department by the original license holder. License transfers must be approved by the department. All licensing requirements must be met by the transferee and a transfer fee of $50 will apply. To apply for a transfer, contact the Bureau of LP Gas Inspections at 850/921-8001. : Pursuant to Chapter 527, Florida Statutes, LP Gas Ilcensees must present proof of licensure to any consumer, awner, or end user upon request when engaged in the business of servicing, testing, repalring, maintaining or installing LP Gas systems and/or equipment. For future correspondence, please make any needed corrections or changes to your business mailing address and/or your licensed location address and raturn tha UPPER PORTION with corrections to: Florida Department of Agriculture and Consumer Services 9 ek Bureau of Liquetied Petroleum Gas Inspection er P.O, Box 6720 g\\\ Tallahassee, Fiorlda 32399-6720 Cul Hare State of Florida Department of Agriculture and Consumer Services Division of Standards License Number: 15620 Buraau of Liquefied Petroleum Gas Inspection Expiration Date: augue! at. tO? ate Of jaaue: Saplambar 1, (850) 921-8001 License Foe: $425.00 Sareea oo POST LIGENSE Tallahassee, Florida Type and Class: 0601 CONSPICUOUSLY Liquefied Petroleum Gas License CATEGORY | LP GAS DEALER GOOD FOR ONE LOCATION ONLY ANY CHANGE OF OWNERSHIP OR SALE OF THIS BUSINESS RENDERS THIS LICENSE INVALID This Ncensa Is Issued under authority of Section $27.02, Florida Statutes, to: CONSUMER GAS PLUMBING CORPORATION DBA BLUE GAS PLUMBING BLUE GAS PROPANE 1234 NW 79TH ST eT BRONS MIAMI, FL 33147-8212 COMMISSIONER OF AGRICULTURE May 27 2008 14:36 MAY-27?-2888 15:8? DEPT OF AGRICULTURE LEGAL 856 245 1681 P.16 mort Florida Department of Agriculture and Consumer Services “Make check payable and remit application ta: 2 0 0 7-2 0 0 8 Florida Bepaitiient of Agegulture and Consumer Serviecs LICENSE RENEWAL a ene et fie 29912.4700 Charles Ma Bronson Questions Concerning this Form? ‘ommissioner Burean of Liquefied Petroleum Gas Inspections Contact the Bureau'ef LP Gas Inspections at Section 527.02, Florida Statutes , 850/921-8001, MAILING ADDRESS: LOCATION ADDRESS OF LICENSEE: CONSUMER GAS PLUMBING CORPORATION OBA BLUE GAS PLUMBING BLUE G/CONSUMER GAS PLUMBING CORPORATION DBAB 1294 NW 79TH ST 1234 NW 73TH ST MIAMI, FL 33147-8212 MIAMI, FL 33147-8212 NOTE ADDRESS CHANGES BELOW: NOTE ADDRESS CHANGES BELOW: License Number: 15520 Renewal Application Fee Due: $425.00 Renewal Fee Due After August 31st; $525.00 License Type/Clasg: 0601 - CATEGORY | LP GAS DEALER . 7 FEDERAL EMPLOVERS TAX IDENTIFICATION ian OR SOCIAL SECURITY NUMBER: EEE ATL ; ‘ = enzalo Crary | PRINT NAME OF MANAGER IK DIFFERENT: 7 _ . PHONE NUMBER: (495).46076T7 = FAX NUMBER: 7 - (NOTE ANY CHANGESY3 93) Yirk -3/7 (3 os ww - js ry 9 Pe Ceees PRINT NAME OF OWNER AT THIS LOCATION: PRINT NAME OF PERSON COMPLETING THIS FORM: TITLE OR OFFICE HELD: _ HAS THERE BEEN A CHANGE OF OWNERSHIP AT THIS LOCATION DURING PREVIOUS 12 MONTHS? YES x“ NO__ HOW MANY EMPLOYEES ARE INVOLVED IN THE INSTALLATION, REPAIR, MAINTENANCE OR SERVICE OF LP GAS APPLIANCES, EQUIPMENT QR SYSTEMS? ) IMPORTANT: This Form Must Be Completed and all Information provided. Failure to provide Information may result In a delayed renewal. Make sure all attachments are verifled relating to qualifiers, trucks, minimum storage and insurance (if appileable). Pursuant to 5. 837.05, Florida Statutes, whoever knowingly makes a false statement in a public servant In the performance of his of her official duty shal{ be gullty ofa ee, punishable as provided in Chapter 775, Florida Statutes. $:A0-0o% DATE OF APPLICATION FOR BUREAU USE ONLY: DATE REVIEWED & RENEWED: qj 3 neon DATE VERIFIED & MAILED:___ 7/3 1 MAILED BY: aa OBJECT CODE 002106 ORG CODE 42030501000 EO A2 DACS-03501 05-02371683-0001 (0/02) 425.00 08/31/2007 ~ _——TepoPPa4e _ May 2? 2008 14:37 MAY-27?-2888 15:8? DEPT OF AGRICULTURE LEGAL ) } Poortoa DEPARTMENT OF STATE Division oF CORPORATIONS 856 245 1681 P.1? Contact Us _ E-Flling Services Document Searches Previous on List Next on List Return To List No Events No Name History Detail by FEI Number Florida Profit Corporation CONSUMER GAS PLUMBING CORP. Filing Information Document Number P02000036432 FEI Number 753044182 Date Filed 04/03/2002 State FL Status ACTIVE Principal Address 10451 NW 28 STREET F-104 MIAMI FL 33172 Ghanged 08/25/2006 Mailing Address 10451 NW 28 STREET F-101 MIAMI FL 33172 Changed 08/25/2006 Registered Agent Name & Address CRUZ, GONZALO 4510 SW 154TH PLACE MIAMI FL 33185 Officer/Director Detail Name & Address Title D GRUZ, GONZALO 2984 SW 156TH PL MIAMI FL 33185 Annual Reports ' MAY-27?-2888 15:8? + ) Report Year Filed Date 2005 02/02/2005 2006 08/26/2006 2007 04/20/2007 Document Images 09/25/2006 -- ANNUAL REPORT, 02/02/2005 — ANNUAL REPORT 08/04/2004 -- ANNUAL REPORT 01/21/2003 -- ANNYAL, REPORT DEPT OF AGRICULTURE LEGAL View image in PDF format View image in PDF format View Image in PDF forinat View Image in PDF format View image in PDF format View image in PDF format Note: This is not official record. See documents if question or conflict. Previous on.List Next on List No Events No Name History Return To. List May 2? 2008 14:37 ) 856 245 1681 Heme Contact us Document Searches E-Fillng Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. P.18 MAN -27-2888 15:e? ) DEPT OF AGRICULTURE LEGAL May 2? 2008 14:37 856 245 1681 ) Novernber 2007 petroleum gas-relatad accldent Involving =a fiquefled petroleum gas licansee or customer account: (a) Which caused a death or personal Injury requiring profasslonal medical treatment; (6) Where uncontrolled ignition of liquefied petroleum gas resulted In death, personal Injury, or property damage axceading $1,000; or (c) Which caused estimated damage to property exceeding $1,000. (2) "Uncontrolled ignition" means any Ignition of liquefled pstroleum gas that oecurs outside normal malntanance, service, testing, or operation of LP gas equipment or appliances. (3) All icangaes whe maintain bulk storage of liquefied petroloum gas shall supply thelr local flre dapartment with tha name and phone number of an emergency contact for after-hour emergencies. This shall also be posted In a prominent location on the premises. lf this number is answered by a service of machine, the massage must be relayed to the appropriate person within an hour of racelpt. (4) Upon notificatlon by & consumer, the suppliar shall physically raspond to any verifiable leak call within a reasonable time, not to exceed 24 hours. (6) . In the avent that the licensee Is conlacted by an emergency response unit which requires ihe licensee's presence at tha scene because the ineldant Involves the llconsee's equipment, the licenses shall physically respond within 2 hours, 627.067 Responsibilities of parsons angaged = In servicing [Iquefled petroleum gae equipment and systems and consumers, end users, of owners of liquefied petroleum gas equipment or syetams.— (1) All parsons engaged In the business of servicing, tasting, repaliing, maintaining, or Installing liquelled petroleum gas equipment and systems shall inttlally prasent proof of licensyre to consumers, owners, or end users prior to working on sald equipment or system and shall subsequently prasent proof of licensure upon tha request of consumers, oWners, end users, gr persons who have authorized such work, (2) Any consumer, owner, end user, or person who altars or modifies hls or har LP gas equipment or system In any way shall, for Informational purposes, notily the licensed dealer who next fills or otherwise servicas his or her LP ges syslam that such work has been performed. The department may promulgate rules prescribing the mathod of notification. uch notification shall be mada within a reasonable time prior to the date the liquefied petrolaum gas equipment or system Is next filled or otharwlse service in order thal the equipment or systam may be servicad ina safe manner. 527.07 Restriction on use of contalnars.— No person, other than the owner and those authorized by the ownar, shall soll, fill, refill, remove gas from, deliver, permit to ba dalivered, of use In any manner any liquefied petroleum gas container or receptacle for any gas or compound, or for any other purpose. 527.08 Penalty for vielatlon.--It is unlawful for any person to violate any of the provisions of this chapter or of the rules of the department made pursuant to this chapter. Any person violating any of the provistons of this chapter or such rule Ig guilty of 4 misdemeanor of the second degree, punishable as provided in &. 775.083, 527.09 Injunction.-In addition to the penalties and other enforcement provisions of thls chapter, In the avent any person violatas any pravielon of this chapter or any rule of tha depariment, the department is authorized to resort to proceedings for injunction In the clroult court of the county where such parson resides or has his or her principal place of business. The department may apply for such temporary Page 20 and permanent orders as it dears necassary to restrain such person from engaging In any euch businesses urill auch person has complled with the provisions of thls chapter and such rules. 27.10 Restriction on use of unsafe container or system.--No liquefied patroleum gas hall be Introduced Into or removed from any container or system In this state that has been identified by the departmant or Its duly authorized Inspectors as not complying with the rules pertaining to such container ar system, until such violations as specified have bean sallstactorlly corrected and authorization for continued gervice or removal granted by the department. A statement of violations of the rules that render such @ system Unsafe for Usa shall be furnished in writing by the depariment to the ullimate consumer or dealer In liquafled petroleum gee. 5627.11 Minimum storage.— (1) Every percon who engaged In the distribution of liquefied petroleum gas for rasale to domestic, commerclal, or Industrial consumers as a prerequisite to obtaining a liquefied petrolaum gas license shall Install, own, of lease a bulk storage ‘{llling plant of not less than 18,000 gallons (water capadlly) within the state and shall be located within a 75-mile radius of the Jicansed company's businass location. This bulk storage filllng plant must have loading and unloading provisions solely for the licenseholder and be operated and maintained In compliance with this chapter for the duration of tha license. (2) A dealer In liquefied petroleum gas Icansed as of August 91, 2000, whe has entered or who enters inte a writtan agreement with a wholasaler that the wholesaler will provide liquefled petroleum gas to the dealer for a pariod of 12 continyous months is spectflcally exempt from the requirements of eubsaction (1), if the wholasaler has at least 18,000 gallons (water capacity) of bulk storage within thle stata permanently connected for storage, which is weed as such for each euich dealer to whom gas Is sold, and If the wholesaler has loading and unlaading provisions. Such dealer must provide certification of this agrsament on a form provided by the department to the department before her or his license may be issued. The form must be signed by both the wholesaler or his or her agent and the dealer or his or her agent and must be submitted annually with the license ranawal application. A dealer who does not provide written proof of minimum storage may have hig license denied, suspended, or revoked. No wholegalar tay anter Into written agreements that allocate an amount of storage that exceeds the wholesalers total storage capacity minus 18,000 gallons (water capacity). (3) A dealer In liquefied petroleum gas operating & single dispensing unlt for the sole purpose of direct preduct sala to customers, Including dallvery of cylinders of 40 pounds or fess of propane gas capacily for use with outdoor equipment or appliances that ara not connected to or part of the permanent Interior piping of a structure, or an operator of a cylinder exchange unit is exempt from the requiraments of this section. A person may not dallver liquefied petroleum gas by cargo vehicle unless the parson complies with requirements for minimum storage. 627.12 Ceage and desist orders; administrative fines.-- Whenever the department shall have reason to bellave that any parson Is or has been violating provigions of this chapter or any rules adopted pursuant thereto, it may Issue & Cease and desist order or impose a civil panalty or may Issue such cease and desiat order and Impose a civil penalty. 527.13 Administrative fines and warning latters.-- (1) If any person Violates any provision of this chapter or any rula adopted pursuant thereto or a Cease and desist order, tha department may Impose clvil or administrative penaltias not to exceed $3,000 for aach offanse, suspend or revoke the llcenge or qualllication Iscued to such pereon, or P.1i9 MAY-2?-2888 15:88 \ y DEPT OF AGRICULTURE LEGAL May 2? 2008 14:38 November 2007 fabricated bafore being returned to Nquefied petroleum gas service. If the tank Is not to be returned to INquefied patroleum gas service, it must be purged In its antirety from any combustible mixture. Department of Transportation (DOT) containers shall be tested in accordance with U.S. Department of Transportation regulations. Specifle Authority 527.06 FS. Law implamented 627,06 FS. History ~ New 8-7-0, Formarly 44-1.06, Formerly 4B-1.06, Formerly 48-1.006. 5F-11.022 Marking of Contalnare. (1) All daaler-owned cortalners, aboveground or underground, installed at conéumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking. (2) Containers gained through acquisition shall be marked as soon ag reasonably possible, but no later than 24 months after acquisitlon. Spacitie Authority 527.06 FS, Law implemented 527.06 FS. History - New 8-7-80. Formerly 4A-1.16. Formerly 481.12. Formerly 48-1.012. Amandad 3-15-94. 5F-11.029 Manufacturer’s Data Sheats Covering ASME Tanks. -- All tank fabricators who manufacture and sell American Soclety of Mechanical Engineers (ASME) lquetied petroleum gas containers shall provide s Manufacturer's Data sheet for aach container ag sat forth In tha ASME Boiler and Prassure Vessel Goce, Section Vill (1986 edition) of tha Boiler and Pressure Vessel Gade of the American Society of Machanlcal Engineers (ASME) to each company, firm or corporatlen doing business or operating within the gtata. Each company, firm or corporation doing business or operating within the stale ehall retaln the Manutacturar’s Data Sheets as part of thair business records for as long as the Ilqueflad petroleum gas contalner Is in service. All such records shall ba availabla for inspection by the Buraau of Liqueflad Petroleum Gas Inspection durlhg regular business hours and shall be provided to the bureau upon raquast. This requirement shall apply to containers at facilitias whieh meet the definition of bulk storage facility as defined in Secllon 527.0605, Florida Statutes, and those which are utilized on trucks, seml-trucks, and trailers. This section shall not apply to motor fuel contalners. Speeliie Authority $27.06 FS. Law implemanted 527,08 FS. History - New 47-80, Formerly 4A-1.15. Formerly 4B-1.15, Formerly 461.019; Amended 7-20-95, 4-90-96. } 5F-11.025 Colar Scheme for Piping !dantification. (1) All bulk plant liquid fiquefled petroleum gas valves and all piping, fittings and pipe coverings within thirty (30) Inchas of such valves shall be palnted rad; and all bulk plant vapor liquefied petrolaum gas valves and all piping, fittings and pipe. coverings within thirty (30) inchas of such valves shall he painted yellow. Where the piping handles lquefled petroloum gas other than propane, the same color coding is to be used and each of the aforastated colors shall be stripad with a white strpe - minimum % inches wide, maximum 1 ¥% inchee wide with not more than three (3) inchas and not less than two (2) inches separation betwaen such etripes. (2) Color used on the remainder of the liquid piping shall show contrast to red and shall not ba yellow. (@) Color uged on the remainder of the vapor piping shall show contrast to yellow and shall nol be red. (4) In the absence of local colering codes to the contrary, all water valves and all piping and fittings within thirty (30) inches of eych valves located In the !quefied petrolaum gas bulk plants shall be colored blue. The rematning piping shall show contrast to blue and shail not be red or yellow. Specific Authority $27.06 FS. Law Implemented 527,08 FS. History - New 9-7-80. Formarly 4A-1.21. Formerly 48-1.16. Formarly 48-1.016. O8F-11.028 Unsata Contalnar or Systam. (1) (a) Any system or container that falls ta comply _ wiih Chapter 527, Florida Statutes, this rule chapter, and any atandards Incorporated by raferance shall ba designated unsafe by division slaff by means of a "red tag” indleating the Inepector’s nama and the date of Inspection where the violation craates an immediate threat to safety. (b) Systems identified by the bureau in this manner, ie., red-tagged, shall not continue in service until all deficlencles have been corrected. (2) The owner of any container or syétem red-taggad by tha division will ba notitiad immediately by the bureau and (urnlghad a copy of tha inspection report Indicating the defictancies found. : (3) (a) A-red tag placed on a system or container shall not be removed until all inspection deficiencies have been correctad and the bureau or its representative removes or authorizas removal of Its red tag from the system or container. (b) The red tag must ba returned to the bureau Immediately upon removal. Speelfic Authority 627,06, FS, Law Implemented 927.10 FS, History - New 9/15/94, Formarly 48-1.0397; Amended 7-20- 95, 5F-11,027 Approval of Liquefled Petroleum Gas Containers. - Liquefied petrolaum gas containers shall be considered approved whan deslgned, fabricated, tested, and marked (or stamped) In accordance with the requiraments of Section 5.2, NFPA 56, Llquetied peirolsym oas gentalners plfered for sale must meet the requitements_of ihe code undar which they were fabricated, the requirements of NFPA 58, Chapter 527, E,S., and thls rule chapter when being sold for continued wae with liquefied petroleum gas. Speaific Authorily 627,06 FS, Law Implamented 527.06 FS, History-Naw 6-5-97, Amended 1-29-06, 6-28-07. 5F-11.028 Instaltatlon of Contalnara on Roots of Bulldinge. -- Installation of containers on roofs of bulldings as raferenced in NFPA 58, Section 6.6.7 Hato Is prohibited. Spocifie Authority 527.06 FS. Law Implemented 627.06, 627.082 FS. History - New 6-84-99. Amended 5/23/00, 9-2- 02, 1-29-06. 5F-11.029 Inspection of DOT Cylinders. (1) This gaction pertains to ¢ylinders, which are manufactured to U.S. Department of Transportation (DOT) specifications, DOT eylindars In stationary service thal are filled on site, whieh arg not undar the Jurisdiction of DOT and not requalified a¢cording to DOT requirements, shall be Inspected according to the following visual inspection criteria: (a) The cylinder la checked for exposure to fire, denis, cuts, digs, gouges and corrosion according to requirements of Section C.3.2, Annex -G, of NFPA 58. . (b) The cylinder protactive collar (where utilized) and the foot ring are Intact and are firmly attached, (c) The cylinder Is patnted or coated to retard corrosion. (d) The eylinder pressure rellet valve Indicates no vislble damage, corrosion of operating components, or obstructions. (8) Thara Is no feakaga [rom the eylinder or Its appurtenances that is detectable without tha use of Instruments. Page 27 856 245 1681 P.28 MAN -27-2888 15:9 ) DEPT OF AGRICULTURE LEGAL May 2? 2008 14:38 856 245 1681 os : Novernber 2007 patroleum gas-related accident involving 8 - liquefied petrofaum gas licensee or customer account: (a) Which caused a death or personal Injury requiring profassional medical treatment; : (b) Where uncontrolled Ignition of liquefied petroleum gas rasulted in death, pereonal injury, or property damage axceading $1,000; or (c) Which caused astimated damage to property exceeding $1,000. (2) “Unegntrolled ignition" means any Ignition of liquefied petroleum gas that occurs outside normal maintenance, service, testing, or operation of LP gas aquipment or appliances. (3) All licensees who maintaln bulk storage of liquefied petrolaum gas shall supply thalr local flre department with tha nama and phone number of an amargency contact for after-hour emergencies. This shall also be posted In a prominent location on the premises, If this number is answered by a service or machine, tha message must be ralayed to the appropriate person within an hour of recelpt. (4) Upon notification by a consumer, the suppller hall physically respond to any veritable leak call within a reasonable time, not to exceed 24 hours. (5) In tha event that the licensee Is contacted by an emergency responee unil which raquires the lleansae's presence at the scene because the Incident involves the Iicangee's equipment, the licensee shall physically Taspond within 2 hours. 527.067 Fiesponslbilitias of persons engaged in servicing llquefled petroleum gas equipment and aysteme and coneumars, end users, or ownera of Hiquefled petrolaum gas equipment or systems.— (1) All parsons engagad in the businass of servicing, testing, rapalring, maintaining, or installing liquefled petrolaum gas equipment and systems shall Initlally present Proof of licensure to con6umars, owners, OF end users prior to working on sald equipment or system and shall subsequently present proof of Ilcensure upon the request of consumers, owners, and users, or persons who have authorized such work. (2) Any consumar, owner, end user, or person who altars or modifies his or her LP gas equipment or system in any way shall, for Informational purposes, notily the licensed dealer who next fills or otherwise services his or her LP gas systam that such work has been performed. The department may promulgate rulas prescribing the mathod of notification. Such notificallon shall be made within a reasonable time prior to the date the liquefied petroleum gas equipment or system Is next filled or otherwise service In order that the equipment or system may be serviced In @ safe manner. 527.07 Reatrictlon on use of contalners.-- No person, other than the owner and those authorized by the owner, shall sell, fill, refill, rameve gas from, dellver, parmit to be delivered, or usa In any manner any liquefied petrolaum gas contalner or recaptacie for any gas or compound, or for any other purpose. 627.08 Penalty for vielation.--it is unlaw(l for any person to violate any of the provisions of this chapter or of the rules of the department made pursuant to this chapter, Any person violating any of the provisions of this chapter or such tule ig guilty of a misdemeanor of tha sacond degres, puntshable as provided In 6, 775.083. 527.08 Injunctlon.—In addition to the penaltlas and other enforcament provisiona of this chapter, in the avant any person violates any provision of this chapter or any rule of tha dapartment, the dapartment Is authorized to resort lo _ proceedings for injunctlon [n the circuit court of the county where such person tesides of has his or her prinelpal placa of businass. The department may apply for such temporary Page 20 and permanent orders as It desma naceseary lo restraln such person Irom engaging in any such businesses until such person has complied with the provisions of this chapter and such rules. 527.10 Restriction on use of unsafe contalner or systam.--No liquefled patroleum gas shall be Intreducad Into or removed from any contalner or system in thls state that has been identified by the department or its duly authorized Inspectors as not complying with ihe rulas pertaining to such container or systern, until such violations as specified have been satistactorlly corrécted and authorization for continued service of removal granted by the department. A statement of violations of the rulas that render such a system unsafe for usa shall be furnished In writIng by the department to the ultimate consumer or dealer In liquefied petroleum gas. 527.11 Minimum storage.-- (1) Every pereon who engages In the distribution of liquefiad pelroleum gas for resala to domastle, commercial, or industrial consumers as a prerequisite to obtaining a liquefied pelroleum gas license shall Install, own, or lease a bulk storage filling plant of not less than 18,000 gallons (waler capacity) within the stata and ehall be located within a 75-mile radius of the jicansad company's business location. This bulk storage filling plant must have loading and unloading provisions solely for the licangeholder and be operated and mainlained In compliance with this chapter for the duration of the license. (2) A dealer In liquefied petroleum gas licansed as of August 31, 2000, who has entered or who enters Into a written agreement with a wholesaler that tha wholesaler will provide Nquafied petroleum gas to the dealer for a period of 12 continuous months is spectilcally exempt from the requirements of subsection (1), If the wholesaler hae at least 78,000 gallons (water capacity) of bulk storage within thls state permanently connected for storage, which is used as such for each such dealer to whom gas is sold, and (f the wholegalar has loading and unloading provisions. Such dealer must provide certification of this agreement on a form provided by the department to the department before her or his licanse may be issued, The form mut ba signed by both the wholesaler or his or her agent and the dealar or his or her agant and must be submittad annually with the Ilcanse renewal application, A dealar who does hot provide written proof of minimum storage may have his Iicanse deniad, suspended, or revoked. No wholesaler may enter into wriltan agreements that allocate an amount of storage that exceads tha wholesalers total storage capacity minus 18,000 gallons (water capactty). (3) A dealer In liquefied petroleum gas operating a ainglg dispensing unit for the sole purpose of direct product sala {0 customers, Including delivery of cylinders of 40 pounds or lees of propane gas capacity for use with outdoor equipment or appliances that are not connected to or part of the permanent Interlor piping of a structure, or an operator of a cylinder exchange unit Is exampl from the requirements of thig sectlon. A parson may not doliver liquefied petroleum gas by cargo vehicle unless the person complies with requirements for minimum storage. 527.12 Cease and desist orders; administrative fines.— Whenever tha department shall hava reason to belleve that any person Is or has been violating provisions of this chapter or any rules adopted pursuant thereto, It may issue 4 cease and desist order or Impose a civil panalty of may Issue such cease and desist order and Impose 4 elvil penalty. $27.13 Adminiatrative fines and warning latters.-- (1) IF any person violates any provision of this chapter or any Tule adopted pursuant thereto or a cease and desist order, the department may Impose civil or administrative penalties not to excaad $3,000 for each offense, suspend or revoke the license of qualification Issued to such person, or P.2i MAY-27?-2888 15:89 j DEPT OF AGRICULTURE LEGAL May 2? 2008 14:39 856 245 1681 P22 November 2007 any of the foregoing. The cost of the procaadings to enforce this chaptar may be added to any penalty Imposed, Tha department may allow the licansee & reasonable period, not to axcaed 90 days, within whieh to pay to the department the amount of the penalty so imposed, If tha licensee falls to pay the penalty In Its entirety to the department at Its office at ‘Tallahassee within the perlod so allowed, the licanses of the llcansee shall stand ravokad upon expiration of euch parlod, (2) If any Ucanse expiras whilg administrative charges aré pending agalnst the licence, tha proceedings against the license shall continua to conclusion as If the.licanse were still In affect. (3) In lieu of an administrative or elvil penalty In subsection (1) of this section, the department may Issue a warning lettar to the II¢anse holder, master qualifier, qualifier, or any person for a first violation. (4) All such fines, monetary Penaltlas, and costs raceived by the department shall be deposited in the General Inspection Trust Fund for the purpose of administering tha provisions of this chapter. 527.14 Suapension and revocation of licanse.- (1) Tha violation by any person possessed of a license of required lo possess a license as provided in s. 527.02 af any provision of this chapter or any rula adopted pursuant thereto or of a cease and desist order ‘shall be cause for revocation or suspension of such license or eligibility for licsngure by the department after the department determines such person gullty of such violation, (2) An order of suspension shall state the pariod of tlme of such suspension which period shall not be in excess of 1 year from the date of such ordar. An order of revocation may be entered for a period of net exceeding 2 years: and such order shall effact revocation of license then held by guch person and during such period of tims no license shall be issued such parson. If during the period between tha beginning of proceedings and entry of an order of suspension or ravacation by the department a new license has been Issued the person so charged, any order of suspension or revocation shall operate aftectively with respect ta the naw license held by such person. (3) The: provisions of this section are cumulative and shall not affect the penalty and Injunctive provisions of ss. 627.08 and 527.09. 697.15 Conduct of proceedinga; record coeta.—The state's portion of tha cost of the stenographic record and trangeription of department proceedings shall be paid out of tha Gdneral Inepection Trust Fund. Any sums received from parties for copias of the stenographic record shall be deposited by the department Into the Stale Treasury to the credit of such trust fund. 527.18 Witnesses and avidence-- (1) Ag to tha subject of any examination or inveetigation belng conducted by the departmant, or an examiner appointed by it, the department may administer oaths, examina and cross-examine witnessas, and receive oral and documentary evidence and shall hava the power to subpoana witnesses, compel their attendance and tastimeny, and require by subpoena the production of aecuments or athar evidence which it deems relevant to the inquiry. (2) |any person refuses to comply with such subpoena or to testify as lo any relevant matter, the Circuit Gourt of Leon County, or the elrouit court of the county wheraln such examination or Invastigatlon Is being conducted or wherein such person resides, on tha department's appileation, may Issue an order requiring such person to comply with the subpoena and to testity. Any failure to obey such an order of the court may ba punished by the court as contampl thereof. (3) Subpoenas shall be served and proo! of such service mada in the sama manner as if Issued by a clrcult court, Witness fees and mileage if clalmed shall be allowed the same as for testimony in a circult court. (4) Any person wllifully testifying falsely under oath as to any matter materlal to any such examination, investigation, or haaring shall, upon conviction thereol, be guilty of perjury and shall ba punished accordingly. (5) It any person asks to be excused from attending or testiiying or from producing any documents or other evidence In connection with any examination, hearing, or Investigation being conducted on tha ground that the testimony or avidence required of him may tand to inctlminate him or her or subject him or her to a penalty for forfalture and shall notwithstanding be diracted to give such lastimony or produce such avidence, ha or she shall, if so diractad by the department and the Department of Lagal Affairs, nonetheless comply with such direction. The person shall not thereafter be prosecuted tor subjected to any penalty or forfalture for gr on account of any transaction, matter, or thing concerning which he or sha may have testlfiad or produced evidence, and no testimony given or evidences produced shall be received against him in any criminal action, Invasligation, of proceeding. However, no person so tastilying shall be exempt fram prosecution or punishmant for any patiury committed by him or her In such testimony, and the testimony or evidence given or produced shall be admissible against him or her In any erlminal action, investigation, or proceeding conceming euch perlury; nor shail the person be exempt from the refusal, suspension, or revocation of any license, parmisslen, of authorily conferred or to bé conferred pursuant te this chapter. (6) Any such individual may execute, acknowladga, and fila In tha offlee of the department a statement expressly walving such immunity or privilege In respect lo any traneaction, matter, or thing specified in such statement; and thereupon the tastimony of such Individual or such evidence in relation to such transaction, malar, or thing may be recelved or produced belore any judge or justice, court, tribunal, grand Jury, or otherwise; and, If so racelved or produced, such Individual shall not be antitled to any Immunity or privileges on account of any testimony he or she may so give or avidence so produced. (7) Any person who refuses or falls without lawful cause to testify relative to the affairs of any peteen, when subpoenaed and requested by the department to £0 testify, Is guilty of a misdemeanor of the second dagres, punishable aa provided in s. 775.083. FLORIDA PROPANE GAS EDUCATION SAFETY AND Al ARCH ACT 427.20 Short titi and purposs.- (1) Sectlons 527,20-527.23 may be cited as the Florida Propane Gas Educetion, Safety, and Reasearch Act. (2) [tls the finding of the Legisiature that: (a) Educating propane gas producers, dlatributors, and consumers about propane gas and about tha mechanical, technical, and safety practices related to propane gas and propane gas equipment furthers the public interest by reducing accidents arid Improving safety. (b) Improved and Increased marketing of propane gas will Increase the consumptlon and use of propane gas, thereby furthering the publl¢ Interest by creating additional employment opportunities in the state and expanding fevenue. (3) The purposes of the act are to: (a) Establish the Florida Propane Gas Education, Safety, and Rasearch Council to study problems arising In the productlon, transportation, marketing, and use of propane gas and to formulate and provide to the commiseloner recommendations and policy alternatives. Tha counell Is to investigate, research, study, or perform other activities In order fo advanee the safety, efficiency, dostrablilty, usage, and marketability of propane gas and propane-gas-use-equipmant. May 2? 2008 14:40 MAY-27-2888 15:11 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.23 hms -t, r ' 3125 Conner Blvd., Sulte N CHARLES H. BI N, COMMISSIONER OF.AGRICULTUR. Tallahassee, FL 32390-1650 DEPARTMENT Of xGRICULTURE & CONSUMER SERVICES , BUREAU OF LP GAS INSPECTION Attention: Fleld Administrator eee Phone: 850421- 8001 stateteorida «© FACILITY INSPECTION REPORT Fax: 85021-8079 Inspector LD: bY " [inspection Type: _f#A ||Facitity Type: 03 [County Code: 13 |[Totat Storage 30,000 | BUSINESS NAME: Consumer Gas Plumbing Corporation Dba Blue Gas Pluml STATUS:RN = STATUS DATE: 09/01/2007 LICENSE #: 15520 PHYSICAL LOCATION: 1234 Nw 79th St Miami, FL 33147-8212 BUSINESS PHONE: (305) 468-3617 FAX: (800) 693-751 | TRUCK INFORMATION UNIT#: TRucKTAGe = SR FAR _ __. 18 TRUCK IN SERVICE? NO (EXPLAIN BELOW) CONTAINER MFO & SERIALNUMHER: MISSOURI TANK 207299 _ __. CONTAINER SIZE: 2G? VEHICLEMILEAGE: /S@lox __. : %GASIN CONTAINER: $5] yn TOTALIZER: { 6 4 yet 7 OFF TRUCK REMOTE? YES DEALER INSFECTION INFORMATION VE DATE (VISUALILEAK): — “P/ . _, P DATE (PRESSURE): VWf/oe M DATE (MECHANICAL). hone. . ____| EMERGENCY DISCHARGE SYSTEMS TEST DATE: ne HOSE INSPECTION DATE: flea ae DOT DAILY LOG- LAST ENTRY DATE: { 2 oF METER INFORMATION . METER MFG & SERIAL NUMBER: N " bong S198 ew TEMPERATURE (3) NO | An inspection of the LP gas facilily listad above was conducted on ‘this date. The following coda deficiencies ware noted and must be corracted within the time frama(s) specified. A reinspection may be conducted at the end of ihe designated time perlod to varify correction, Any deficlancies not corracted at the tlme of Teinspection will be subject to administrative finas pursuant to Ghapter 527, Florida Statutes, NOTE: REQUESTS FOR TIME EXTENSIONS MUST BE SUBMITTED TO THE ADDRESS IN THE UPPER RIGHT HAND CORNER OF THIS FORM IN WRITING STATING THE REASON(S) AND LENGTH OF THE REQUESTED EXTENSION. Such raquests are subject to approval of the Bureau of LP Gas Inspeqtian, : . REFERENCE i ” DESCAUPTIO! ii p PREVIOUS Cre 73.35 | aS S Tek Ramp te. Met Opetion! |Past Roe KEK BH, 17 Atnugl Mechantes! Dns pection fot Degenmbed | | Beadays J Cee 18.9537 | benks In Pune ~ Seof=— _ . Zo days | Crk t-4N Annual Leak eed Visyal inspeetton infact De... fast Dye! 17.3.5 NPPASS | Fire Extinguisher inspection mt Documented __Bedeys 1 ne 18.46 (1) Monthly Lose inspection pat Documented _. ot Dy et va CLID-4IW(3) | Mon thy Emenerty Drehame best not Decunmly Pyst Dee 7 aad 4 i} 2 many . ENTERED PS "Bel Tag H [487 attached fv Tracfe | PY ARTA Sfetalizen, 1007747 Miles, [S016 Z a le * All conditions identified as "past due” must be corrected immediately before further use or operation of the equipment. An administrative flue may be Imposed for any violation cited, REMOVAL OF A RED TAG IS PROHIBITED BY LAW ualess authorized by the Bureau of LP Gas Inspection. DATE OF THIS REPORT: _J"2/ 1! [oy LP GAS INSPECTOR NAME: f Frabelin 1 ACKNOWLEDGE RECEIFT OF THIS REPORT (SIGNATURE): PRINTED NAME/TITLE OF SIGNEE: oni le oer INSPECTOR TIME OF ARRIVAL: i Pao ‘ATTACHMENTS: @ DATE: _] 2/ wfe7 DAGS-03522 al Distribution: Original - Tallahassee; Gold - Licensee; Pink & Yallow - Flald Inspector inv FT| elt May 2? 2008 14:41 MAY-27-2888 15:11 DEPT OF AGRICULTURE LEGAL 856 245 1681 P24 May 2? 2008 14:41 MAY-27-2888 15:11 DEPT OF AGRICULTURE LEGAL 656 245 1681 P.25 . b CHARLES H. BRONSON, COMMISSIONER OF AGRICULTURE DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES BUREAU OF LP GAS INSPECTION Slats of Fla «~©6 FACILITY INSPECTION REPORT Fax: 85021-8079 [Iispector 1D: ef [inspection Type: wf Facility Type: 03 [County Code: 13 | Total Storage: 30,000 BUSINESS NAME: Consumer Gas Plumbing Corporation Dba Blue Gas Plum! STATUS: RN STATUS DATE: 09/01/2007 LICENSE #: 15520 PHYSICAL, LOCATION: 1234 Nw 79th St Miami, FL 33147-8212 BUSINESS PHONE: (305) 468-3617 FAX: (B00) 693-7511 TRUCK INFORMATION UNIT HH: Bureau of LP Gas Inspections. 3125' Conner Bivd,, Sulte N Tallahassee, FL:32399- 1850 . Attention: Fleld Administrator: Phone: 850421- 6007 TRUCKTAGH FAR AH IS TRUCK IN SERVICE? "NO (EXPLAIN BELOW) CONTAINER MFG & SERIAL NUMBER: . [CONTAINER SIZE: 3 200 VEHICLEMILEAGE: (S080 ‘[gasinconTaINER: "GO se - : OFF TRUCKREMOTE? @fES NO DEALER INSPECTION INFORMATION VK DATE (VISUAL/LEAK): [ol /o°7 _ . PDATE(PRESSURE: “7/OG ; M DATE (MECHANICAL?: (2fo4 oe . . EMERGENCY DISCHARGE SYSTEMS TESTDATE: / 2 fe 7 HOSB INSPECTION DATE: DOT DAILY LOG - LAST ENTRY DATE: METER INFORMATION TEMPERATURE METER MFG & SERIAL NUMBER: N apt an 188k w : COMPENSATED? (re) vo | An inspection of the LP gas facility islad above was conducted on this date. The following code deficlencies ware noted and must be corracted within the time frame(s) specified. A relnspection may be conducted at the end of the designated tima period to verify correction. Any deficiencies not corrected at the time of reinspection will be subject to administrative fines pursyant to Chapter 527, Florida Statutes. NOTE: REQUESTS FOR TIME EXTENSIONS MUST 6€ SUBMITTED TO THE ADDRESS IN THE UPPER RIGHT HAND CORNER OF THIS FORM IN WRITING STATING THE REASON(S) AND LENGTH OF THE REQUESTED EXTENSION. Such requests ara subject to approval of tha Bureau of LP Gas Inspection. ° _— cl 710 "CORRECT | PREVIOUS REFERENCE DESCRIPTION OF CONDITION BRE myo DEC 2 8 200%). Ts rection No Violations... _. . ____ Seven Prewides. Yrolabions .Comrecstud.: . vo. LL truck Remete, Anaugl Meghorsesl Leak th psmpy— -. * All conditions identified as "past due" must be corrected immediately before further use or operation of the equipment. An administrative fine may be Imposed for any violation cited. REMOVAL OF A RED TAG IS PROHIBITED BY LAW unless authorized by. the Bureau of LP Gas Inspection, A, DATE OF THIS REPORT: 12/ zofoz LP GAS inspection fy f Fi c L bin {ACKNOWLEDGE RECEIPT OF THIS REPORT (SIGNATURE)4.4. . if PRINTED NAME/TITLE OF SIGNEER_Anthen Fon {| Servilee Ma nage INSPECTOR TIME OF ARRIVAL:_/ 2:2 © ATTACHMENTS: _A7"/927 DATE: {2/ zefr7 DACS-05522 war Distribution: Original - Tallahasseo; Gold - Licensed; Pink & Yellow - Flaid Inapector May 2? 2008 14:41 MAY-27-2888 15:12 DEPT OF AGRICULTURE LEGAL 856 245 1661 P.26 SJAILY BULK REPORT ) pare / 2 26 ~0 D NAME S0'5e7 rarer TRUCKS 2. WG 3,220 Total Metered Gala DAY START % oO is “e LOAD START % LOAD START % # of Sch. Slope # of Unech. Total Stepa = BEGINNING GALS , et LOADED GALS i 4.- TOTAL GALS TO AGCOUNT FOR .. 2.- TOTAL GALS PUMPED a 3.- MOTOR FUEL : a 4... TOTAL GALS IN TRUCK (End of Day) —_—_ §.- ADD2,3,4 i 6.- § MINUS 1 VARIENCE (Over / Short) MALES 3 a f Ls May 2? 2008 14:42 _ 898 245 1981 P27 MAY-2?-2888 15:12 DEPT OF AGRICULTURE LEGAL — ‘Lis QD "SON 57902 oa reg ra = ae = Ly mo @ fi x 2) 4 fier ery or SID BH GILT SOLO. Matheson tere (o8 5 4 ‘a4 creo od rev MACMILLAN PROPANE GAS ' “COMPANY OF-FLORIDA 57903 weed Td SAPO cry ne Fr Is AR ah oa remo of er-o sony pS Ca We 4 May 27 2008 14:42 P.28 856 245 1681 15:13 DEPT OF AGRICULTURE LEGAL ) MAN -27-2888 FH 2 uate A Sty an Ate gi . 7470 maga AMS ozp Cg buy 8 a ao . 4 ry Wefinsge eet * ft ae aN ayage aa 5 Penden wo . FH ots3 93 at ns ton a . . i MOTE NE Niet = NON TS PN May 27 2008 14:43 MAY—27-2865 15:13 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.29 ) ) Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol « Tallahassee, FL 32399-0800 www.doacs.state.fl.us INVESTIGATION SUMMARY PREPARED BY: Jim Ficklin | DATE: — 12/27/07 IN RESPONSE TO: | Consumer Gas Plumbing Corporation Dba Blue Gas Plumbing 1234 Nw 79" St Miami, FL. 33147-8212 | | Ticens # 15520 Un authorized removal of Red Tag #1929. Making deliveries with Bobtail while unit was Red Tagged, SUMMARY: Hoel Florida Agriculture and Forest Products #97 Billion for Florida’s Economy May 27 2008 14:43 MAY-27-2008 15:13 DEPT OF AGRICULTURE LEGAL oSa 245 1001 P.3a ) 3 + [ FINDINGS: On 12/26/07 | was notified by Service Manager Anthony Riera that truck #2 /container #207299 was ready for a re inspection. This truck was previously Red Tagged on 12/10/07 for 4 past due violations. Off truck remote not operational, Expired VK inspection, Monthly hose inspection not documented and Monthly Emergency discharge test not documented; these were all PAST DUE the three remaining violations had 30 days to be corrected. Are inspection of the vehicle show all 7 of the previous violations were corrected. The Red Tag, which was originally attached to the steering wheel had been removed and found on the floor of the truck cab. While checking the daily DOT log and vehicle millage I discovered a Daily Bulk Report in the vehicle that had three entries for 12/26/07. Three entries were deliveries made to: “World wide Whole sales 48.2 gallons Matheson Tri-Gas 96.0 gallons ity Bass Park 425.2 gallons... Start Totalizer reading for the day was Q1,052767 At the time of my inspection (12/26/07 12:00 noon) the totalizer reading was 01053337 There was a total of 570 gallons of gas delivered that day prior to the removal of red tag. A “W” 03 inspection was prepared, red tag was removed and truck was placed into service. — | ATEACHMENTS: [FIR dated 1226107 Copy of three delivery tickets dated 12/26/07 Copy of Driver Daily report. Copy of FIR dated 12/10/07 May 27 2008 14:43 MAY-27?-2888 15:14 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.ai } Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol » Tallahassee, FL 32399-0800 www.doacs state. fl.us INVESTIGATION SUMMARY Jim Ficklin 02/04/2008 Supplemental to summary prepared on 12/27/07 Ref: Consumer Gas Plumbing Corporation Dba Blue Gas Plumbing 1234 Nw 79" St Miami, FL 33147-8212 License # 15520 On 2/1/2008 I visited the office of Consumer Gas. HQ requested more documentation in relation to the operation of truck#2/Container number 207299 while red tag was still attached. The red tag was placed on 12/11/07 and was found that truck#2 was operating on 12/26/07 prior to m1 arrival. Documentation obtained from Consumer gas shows the last day of operation was 12/10/07 according to a Daily Bulk Report provided. The report Shows that the starting percentage that day was 15% of 3,200 gallons (2400 gallons). Ending percentage for the day was 3% of 3,200 gallons (96 gallons). Totalizer reading for the day was 01045307 start and 01047447 ending reading, A total of 2,140 gallons was delivered that day. Acopy of the last delivery ticket was provided. Numbers on the delivery ticket indicate that 1393.2 gallons were delivered. Also on the delivery ticket is a running number of transactions for the life on the meter and a meter identification number which is BB. The transaction number for this delivery is 741 and 742 this ig a sequential number that increases by one every time the meter is totaled out. 741 reading of 0000.0 indicated the previous delivery was zeroed out. 742 showed that 1393.2 gallons was dispensed. IN RESPONSE TO: A Daily Bulk Report for 12/26/07 was provided. The report shows that a starting percentage for that day was 15% and g totalizer start reading was 01052767. The first delivery ticket was obtained for that day. Information on the delivery ticket shows transaction #770 was 0000.0 and #771 was 48.2. This shows that the meter was WW, ae ibn Florida Agriculture and Forest Products 2OT RBillinan far Florida’s Economy MAY-27?-2888 15:14 ATTACHMENTS: May 2? 2008 14:44 DEPT OF AGRICULTURE LEGAL 856 245 1681 ‘ } avsoed out prior to making a delivery of 48.2 gallons. Summary: On 12/10/07 the reported ending totalizer master number was 1045307. The last transaction number was 742. On 12/11/07 the truck was red tagged and taken out of service. On 12/26/07 I return to remove red tag and place truck back in service. Totalizer master start reading was 01053419 for that day. Linspected the truck and found the totalizer reading to be 01053337 with three entries on the daily report for that day. First transaction number was 770. There is a difference of 28 transactions. This would include 2 for each delivery. : There is a difference of 5320 gallons thru the meter from ending day of 12/10/07 to start of 12/26/07. Copy of meter tickets dated 12/10 and 12/26 Copy of Bulk Delivery Reports for Truck #2 May 2? 2008 14:44 MAY-27-26H8 15:14 BEPT OF AGRICULTURE LEGAL 854 245 141 P.33 * "B. ° — Violations found during the course of an accident investigation that are determined to be a direct cause of the accident shall result in the following fines: (1) Death or ctitical injury of major property damage involved: $3,000 fine per violation. (2) Property Damage (substantial) ot minor injury requiring medical attention involved: (3) Othes (mines injury not requiting medical attention; minor property damage, etc.): ; $2,000 fine per violation. $1,000 fine per violation. CG. Failure to notify the department of any accident that is considered reportable by definition of Section 527.065, F.S., shall result in a $500 fine upon a first violation, $1,000 upon second violation and $3,000 on third violation. a 3, HAZARDOUS ACTS Any department investigation or inspection conducted undet the authority of Chapter 527, Florida Statutes, which reveals willful or intentional violation of the law, or any acts on the part of a person, firm, corporation, qualifier or master qualifier which arc considered dangerous, hazardous ot potentially harmful in any way, shall result in the maximum penalties of $3,000 per violation, with the consideration of license, qualifier or master qualifier certificate suspension or revocation. In determining license, qualifier or master qualifier certificate suspension of revocation, the department shall consider the offenders compliance record, good faith efforts in correcting the situation, the degree and extent of harm or potential harm, and other mitigating or aggravating ciecumstances as determined duting investigation. Additionally, these acts may result in the issuance of an immediate otder to cease and desist by the department ot by an injunction in the circuit court of the county in which the person, firm ot corporation's principal place of business is located. A. Violation: Filling a container without inspection or verification of compliance with codes (not accident related), 1) First Offense: $500 fine. 2) Second Offense: $1,000 fine. 3) Third Offense: $3,000 fine and a 1-year license suspension. 4) Further violations may result in a 2-yeat license revocation. If inadequate training is suspected during an investigation where this violation has occurred, the department shall review employee training records to determine adequacy of training. If inadequate training is found, the department shall requite remedial employce training as a patt of any administrative actions taken. B. Violation: Failure to respond to a verifiable leak call within a reasonable time period (non-accident telated) of failure to physically respond to an emergency within 2 hours when contacted by an emergency response unit [s. 527.065(4) and 6, 527.065(5)]. 1) Eisst Offense: $1,000 fine. 2) Second Offense: $3,000 fine. 3) Third Offense: $3,000 fine and two-year license tevocation. C. Violation; Failure to provide local emergency response personnel with emergency contacts for after- hour emergencies; failure to post emergency numbers on the premises; failure to relay messages on emergency anewering services or machines within appropriate time frames. (s, 527,065(3), FS). 1) ‘Eigst Offense: Warning letter, 2) Second Offense: $500 fine. 3) “Third Offense: $1,000 fine 4) Subsequent Offenses: $3,000 fine and two-year license revocation. Revised July 2007 5 May 2? 2008 14:44 MAY-27?-2888 15:15 DEPT OF AGRICULTURE LEGAL DAILY BULK REPOR ~ paTe_ pg ~ 0 ~ OF Nose an TRUCK# 2 Fae BEY ODOMETER READING “ TOTALIZER ae u : J PM ey/2 if S30? AM Metered Gale . Tatol Milaa Driven - , Vo 24 ‘ 3 G TEMP. TS END % START % 7 DAY END% oo) 7 oe ? START % — GALS res > | START % END % _ GALS ee at Ach. Slops ——— # al Unech, Slope — Total Stops pe sININING GALS —_—_ \DED GALS ; _ a pee. femme GALS TO ACGGUNT FOR , ey OTAL GALS PUMPED’ ie MOTOR FUEL LOTAL GALS INTRUCK (EndofDay) |, | ———_——_- IADD 2, 3, 4 —_—_ 5 MINUS 1 VARIENCE (Over / Short) p ame oF Dallvery Account # Address =a # Gallons MECLEY — LOADING —$sserer| S| - aia -| Wag ¥ LL “4 Lb Lex Wien 2¢ G70 y/ Po te BL ya ra dG AY VE a 577 70 bak [63 My Fae A) z “e [erfe) — be 14] pay (OPE BOF _ ‘5 ON \ te. agetlaw \ 2 be lars %4 856 245 1681 P34 May 2? 2008 14:45 MAY-27-2888 15:15 DEPT OF AGRICULTURE LEGAL S59 245 1001 P35 “DAILY BULK REPORT "pate / 2. 2G +o } kg gf myd A ea” TRuKH 2. we 3, teo TOTALIZER Ree OBOMETER-READING™ Ot es 2 nt | Py @lowp 7 Z AM Metered Gals Total Milea Driven START % DAY END % TEMP, oe a) roa o » START % 1 We END % _¥ “eats Aeo® > START % END % GALS Sch. Slopp #of Unach, Slaps) Tole! Slope JNNING GALS a \DED GALS ce TOTAL GALS TO ACCOUNT FOR , ee TOTAL GALS PUMPED —_——_—_—- ‘ MOTOR FUEL — TOTAL GALS IN TRUCK (End of Day) . ee ADD 2,3, 4 _— 5 MINUS 1 VARIENCE (Over / Short) Account # Time of Delivery Mir Sequance # Address MEDLEY May 2? 2008 14:45 MAY-2?-2888 15:15 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.36 4 , 4 5 alk Pitings Initial Filing Screen Fintaoué i — Fields with are aquired y File Hare y Order Category (O-8 & amount % Bus. Location & City TOTAL P.36

Docket for Case No: 08-002586