27P-14.002. Definitions

As used in this rule chapter:

(1) “Agricultural Employee” means each full-time and each part-time non-seasonal employee within this state reported by the owner or operator of an agricultural facility to the Department of Economic Opportunity for unemployment compensation tax purposes, the total number of which shall not be less than the number for the month reflecting the lowest number of employees for the calendar year.

(2) “Agricultural facility” means a facility which engages primarily in the commercial production of agricultural commodities, and has hazardous materials present which qualify for the routine agricultural use exemption under the Emergency Planning and Community Right-To-Know Act (EPCRA), Section 311(e). Commercial production shall include the handling and packaging of the owner/operator’s agricultural commodities only when the handling and packaging is incidental to or in conjunction with the owner/operator’s agricultural operation.

(3) “Commission” means the State Hazardous Materials Emergency Response Commission created pursuant to s. 301 of EPCRA.

(4) “Committee” means any local emergency planning committee established in the state pursuant to s. 301 of EPCRA.

(5) “Employee” means each full-time and each part-time employee employed within the State by the owner or operator of a facility as reported to the Department of Economic Opportunity for unemployment compensation tax purposes for the last month of the calendar year.

(6) “Division” means the Division of Emergency Management, Executive Office of the Governor.

(7) “Facility” means facility as defined in s. 329 of EPCRA. Vehicles placarded according to 49 Code of Federal Regulations shall not be considered a facility except for the purposes of Section 304 of EPCRA.

(8) “Hazardous material” means any hazardous chemical, toxic chemical, or extremely hazardous substance, as defined in s.329 of EPCRA.

(9) “Report” means a notification under s. 302 of EPCRA or an inventory form under s. 312 of EPCRA.

(10) “EPCRA’ means the Emergency Planning and Community Right-To-Know Act of 1986, Title III of the Superfund Amendments and Reauthorization Act of 1986, ss. 300 through 329 of Pub. L. No. 99-499, 42 U.S.C. ss. 11001, et seq.; and federal regulations adopted thereunder.

(11) “Owner/Operator” means a sole proprietorship, or partnership, or company with an assigned Federal Employer Identification number, that reports employees to the Florida Department of Economic Opportunity including, at a minimum, employees at the facility in Florida subject to reporting under EPCRA Section 302 or 312.

(12) “Vehicle” means “motor vehicle” as defined in 49 Code of Federal Regulations, Section 171.8.

(13) “Electronic transmission” means the transmission of documents by electronic signals to or from the Division which when received can be transferred electronically into existing databases or can be transformed and stored or reproduced on paper or other electronic record keeping system.

Rulemaking Authority 252.35(2)(x), 252.83(1) FS. Law Implemented 252.82 FS. History–New 11-24-88, Amended 12-31-92, 1-3-01, 3-13-06, Formerly 9G-14.002.