Bill Amendment: FL S0430 | 2021 | Regular Session

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Retail Petroleum Fuel Measuring Devices

Status: 2021-06-17 - Chapter No. 2021-97 [S0430 Detail]

Download: Florida-2021-S0430-Senate_Floor_Amendment_Delete_All_147488.html

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       Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 430
       
       
       
       
       
       
                                Ì147488[Î147488                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Rodriguez moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (10) of section 525.07, Florida
    6  Statutes, is amended to read:
    7         525.07 Powers and duties of department; inspections;
    8  unlawful acts.—
    9         (10)(a) Each person who owns or operates manages a retail
   10  petroleum fuel measuring device shall have affixed to or
   11  installed onto the measuring device a security measure to
   12  restrict the unauthorized access of customer payment card
   13  information. The security measure must include one or more of
   14  the following:
   15         1. The placement and maintenance of pressure-sensitive
   16  security tape over the panel opening that leads to the scanning
   17  device for the retail petroleum fuel measuring device in a
   18  manner that will restrict the unauthorized opening of the panel
   19  or the placement and maintenance of pressure-sensitive custom
   20  branded security tape unique to the station in more than one
   21  location over the panel opening.
   22         2. A device or system that will render the retail petroleum
   23  fuel measuring device or the scanning device in the measuring
   24  device inoperable if there is an unauthorized opening of the
   25  panel.
   26         3. A device or system that encrypts the customer payment
   27  card information in the scanning device.
   28         4. A physical locking mechanism that requires an access key
   29  unique to each station to restrict the unauthorized access of
   30  customer payment card information.
   31         5. A device or system that will sound an alarm to alert the
   32  owner or operator if there is an unauthorized opening of the
   33  retail petroleum measuring device panel.
   34         6. A daily inspection of each measuring device that
   35  includes opening the panels, using an anti-skimmer application
   36  that detects wireless based skimmers, and documenting such
   37  inspections.
   38         7. A device or system that permits customers to use a
   39  contactless payment method, such as an electronic contact-free
   40  system, tap-and-go system, or mobile cryptographic system, for
   41  payment that does not use a magnetic strip scanning device.
   42         8.4. Another security measure approved by the department.
   43         (b) Effective January 1, 2022, the owner or operator of a
   44  retail petroleum fuel measuring device shall have affixed to or
   45  installed onto the measuring device at least two of the security
   46  measures under paragraph (a). The use and maintenance of two
   47  security measures on each measuring device by an owner or
   48  operator is deemed to be in compliance with this subsection.
   49         (c)(b) The owner or manager of A retail petroleum fuel
   50  measuring device without a security measure or with an illegal
   51  skimming or filtering device or an altered or damaged security
   52  measure, upon discovery by the department, shall be prohibited
   53  from further use until the security measure is installed,
   54  replaced, or repaired. The department may take a retail
   55  petroleum fuel measuring device that is in violation of this
   56  subsection out of service until compliance is restored upon
   57  written notice from the department of such noncompliance, shall
   58  have 5 calendar days to comply with this subsection. After the
   59  fifth day of noncompliance, the department may prohibit further
   60  use of the retail petroleum fuel measuring device until a
   61  security measure is installed, replaced, or repaired. A repeat
   62  violation found on the same retail petroleum fuel measuring
   63  device will be cause for The department to immediately take the
   64  measuring device out of service.
   65         (d)(c) For purposes of this subsection, the terms “scanning
   66  device” and “payment card” have the same meanings as defined in
   67  s. 817.625.
   68         (e)(d) This subsection applies only to retail petroleum
   69  fuel measuring devices that have a scanning device.
   70         (f)(e) The department may seize without warrant any
   71  skimming device, as defined in s. 817.625, for use as evidence.
   72         (g)(f) The regulation of retail petroleum fuel measuring
   73  devices is preempted to the state. The department shall enforce,
   74  and may adopt rules to administer, this subsection; however, s.
   75  525.16 may not be used to enforce this section unless the owner
   76  or operator of a retail petroleum fuel measuring device has
   77  failed to install or implement security measures pursuant to
   78  this section or has placed the measuring device back in service
   79  before compliance with this section has been restored. However,
   80  if noncompliance is the result of damage or alteration after
   81  repair by the owner or operator of the security measure, and the
   82  owner or operator demonstrates or provides sufficient evidence
   83  of such, the department may not use s. 525.16 to enforce this
   84  section.
   85         Section 2. Subsection (6) is added to section 525.16,
   86  Florida Statutes, to read:
   87         525.16 Administrative fine; penalties; prosecution of cases
   88  by state attorney.—
   89         (6) This section may not be used to enforce s. 525.07(10)
   90  or rules adopted thereunder unless the owner or operator of a
   91  retail petroleum fuel measuring device has failed to install or
   92  implement security measures pursuant to s. 525.07(10) or has
   93  placed the measuring device back in service before compliance
   94  with s. 525.07(10) has been restored. However, if noncompliance
   95  is the result of damage or alteration after repair by the owner
   96  or operator of the security measure, and the owner or operator
   97  demonstrates or provides sufficient evidence of such, the
   98  department may not use this section to enforce s. 525.07(10).
   99         Section 3. This act shall take effect July 1, 2021.
  100  
  101  ================= T I T L E  A M E N D M E N T ================
  102  And the title is amended as follows:
  103         Delete everything before the enacting clause
  104  and insert:
  105                        A bill to be entitled                      
  106         An act relating to retail petroleum fuel measuring
  107         devices; amending s. 525.07, F.S.; revising the types
  108         of certain security measures required to be affixed to
  109         or installed onto retail petroleum fuel measuring
  110         devices; requiring owners or operators of retail
  111         petroleum fuel measuring devices to affix to or
  112         install onto the measuring devices certain security
  113         measures by a specified date; providing that the use
  114         of certain measures complies with such requirement;
  115         authorizing the Department of Agriculture and Consumer
  116         Services to take certain retail petroleum fuel
  117         measuring devices out of service until compliance is
  118         restored; preempting the regulation of petroleum fuel
  119         measuring devices to the state; prohibiting the
  120         department from enforcing certain provisions for
  121         violations of certain rules; amending s. 525.16, F.S.;
  122         exempting department petroleum fuel measuring device
  123         rules from enforcement under specified provisions;
  124         providing an effective date.