Bill Text: FL S0430 | 2021 | Regular Session | Enrolled

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Bill Title: Retail Petroleum Fuel Measuring Devices

Spectrum: Slight Partisan Bill (? 2-1)

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

Download: Florida-2021-S0430-Enrolled.html

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       ENROLLED
       2021 Legislature             CS for CS for SB 430, 1st Engrossed
       
       
       
       
       
       
                                                              2021430er
    1  
    2         An act relating to retail petroleum fuel measuring
    3         devices; amending s. 525.07, F.S.; revising the types
    4         of certain security measures required to be affixed to
    5         or installed onto retail petroleum fuel measuring
    6         devices; requiring owners or operators of retail
    7         petroleum fuel measuring devices to affix to or
    8         install onto the measuring devices certain security
    9         measures by a specified date; providing that the use
   10         of certain measures complies with such requirement;
   11         authorizing the Department of Agriculture and Consumer
   12         Services to take certain retail petroleum fuel
   13         measuring devices out of service until compliance is
   14         restored; preempting the regulation of petroleum fuel
   15         measuring devices to the state; prohibiting the
   16         department from enforcing certain provisions for
   17         violations of certain rules; amending s. 525.16, F.S.;
   18         exempting department petroleum fuel measuring device
   19         rules from enforcement under specified provisions;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (10) of section 525.07, Florida
   25  Statutes, is amended to read:
   26         525.07 Powers and duties of department; inspections;
   27  unlawful acts.—
   28         (10)(a) Each person who owns or operates manages a retail
   29  petroleum fuel measuring device shall have affixed to or
   30  installed onto the measuring device a security measure to
   31  restrict the unauthorized access of customer payment card
   32  information. The security measure must include one or more of
   33  the following:
   34         1. The placement and maintenance of pressure-sensitive
   35  security tape over the panel opening that leads to the scanning
   36  device for the retail petroleum fuel measuring device in a
   37  manner that will restrict the unauthorized opening of the panel
   38  or the placement and maintenance of pressure-sensitive custom
   39  branded security tape unique to the station in more than one
   40  location over the panel opening.
   41         2. A device or system that will render the retail petroleum
   42  fuel measuring device or the scanning device in the measuring
   43  device inoperable if there is an unauthorized opening of the
   44  panel.
   45         3. A device or system that encrypts the customer payment
   46  card information in the scanning device.
   47         4. A physical locking mechanism that requires an access key
   48  unique to each station to restrict the unauthorized access of
   49  customer payment card information.
   50         5. A device or system that will sound an alarm to alert the
   51  owner or operator if there is an unauthorized opening of the
   52  retail petroleum measuring device panel.
   53         6. A daily inspection of each measuring device that
   54  includes opening the panels, using an anti-skimmer application
   55  that detects wireless based skimmers, and documenting such
   56  inspections.
   57         7. A device or system that permits customers to use a
   58  contactless payment method, such as an electronic contact-free
   59  system, tap-and-go system, or mobile cryptographic system, for
   60  payment that does not use a magnetic strip scanning device.
   61         8.4. Another security measure approved by the department.
   62         (b) Effective January 1, 2022, the owner or operator of a
   63  retail petroleum fuel measuring device shall have affixed to or
   64  installed onto the measuring device at least two of the security
   65  measures under paragraph (a). The use and maintenance of two
   66  security measures on each measuring device by an owner or
   67  operator is deemed to be in compliance with this subsection.
   68         (c)(b) The owner or manager of A retail petroleum fuel
   69  measuring device without a security measure or with an illegal
   70  skimming or filtering device or an altered or damaged security
   71  measure, upon discovery by the department, shall be prohibited
   72  from further use until the security measure is installed,
   73  replaced, or repaired. The department may take a retail
   74  petroleum fuel measuring device that is in violation of this
   75  subsection out of service until compliance is restored upon
   76  written notice from the department of such noncompliance, shall
   77  have 5 calendar days to comply with this subsection. After the
   78  fifth day of noncompliance, the department may prohibit further
   79  use of the retail petroleum fuel measuring device until a
   80  security measure is installed, replaced, or repaired. A repeat
   81  violation found on the same retail petroleum fuel measuring
   82  device will be cause for The department to immediately take the
   83  measuring device out of service.
   84         (d)(c) For purposes of this subsection, the terms “scanning
   85  device” and “payment card” have the same meanings as defined in
   86  s. 817.625.
   87         (e)(d) This subsection applies only to retail petroleum
   88  fuel measuring devices that have a scanning device.
   89         (f)(e) The department may seize without warrant any
   90  skimming device, as defined in s. 817.625, for use as evidence.
   91         (g)(f) The regulation of retail petroleum fuel measuring
   92  devices is preempted to the state. The department shall enforce,
   93  and may adopt rules to administer, this subsection; however, s.
   94  525.16 may not be used to enforce this section unless the owner
   95  or operator of a retail petroleum fuel measuring device has
   96  failed to install or implement security measures pursuant to
   97  this section or has placed the measuring device back in service
   98  before compliance with this section has been restored. However,
   99  if noncompliance is the result of damage or alteration after
  100  repair by the owner or operator of the security measure, and the
  101  owner or operator demonstrates or provides sufficient evidence
  102  of such, the department may not use s. 525.16 to enforce this
  103  section.
  104         Section 2. Subsection (6) is added to section 525.16,
  105  Florida Statutes, to read:
  106         525.16 Administrative fine; penalties; prosecution of cases
  107  by state attorney.—
  108         (6) This section may not be used to enforce s. 525.07(10)
  109  or rules adopted thereunder unless the owner or operator of a
  110  retail petroleum fuel measuring device has failed to install or
  111  implement security measures pursuant to s. 525.07(10) or has
  112  placed the measuring device back in service before compliance
  113  with s. 525.07(10) has been restored. However, if noncompliance
  114  is the result of damage or alteration after repair by the owner
  115  or operator of the security measure, and the owner or operator
  116  demonstrates or provides sufficient evidence of such, the
  117  department may not use this section to enforce s. 525.07(10).
  118         Section 3. This act shall take effect July 1, 2021.