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PCS for HB 991 (2021) — An act relating to petroleum fuel measuring devices

Summary

A proposed committee substitute, PCS for HB 991 ORIGINAL, of 2021, a bill to be entitled an act relating to petroleum fuel measuring devices. Section 1 amends section 525.07 so that each person who owns or operates a retail petroleum fuel measuring device must have a security measure to restrict unauthorized access of customer payment card information, listing options such as pressure-sensitive security tape, a device that renders the device inoperable on unauthorized panel opening, encryption and a physical locking mechanism. The bill also authorizes the Department of Agriculture and Consumer Services to take devices out of service until compliance is restored, and Section 2 adds subsection (6) to section 525.16. Section 3 sets an effective date of July 1, 2021, except as otherwise provided.

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“PCS for HB 991 (2021) — An act relating to petroleum fuel measuring devices.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-3098-commerce-committee-proposed-committee-bills-pcbs-fn-pcs-for-5af6da1a7a/, SHA-256 2513ff78456bb55723e8861694a6946edf9a40c5aae49d1b48b76dd48b85fbe3.

Full text

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           PCS for HB 991                             ORIGINAL                                                  2021




    1                                         A bill to be entitled
    2              An act relating to petroleum fuel measuring devices;
    3              amending s. 525.07, F.S.; revising the types of
    4              certain security measures required to be affixed to or
    5              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; requiring owners or operators of retail
15                 petroleum fuel measuring devices to report certain
16                 illegal devices and altered or damaged measures to the
17                 department; preempting the regulation of petroleum
18                 fuel measuring devices to the state and the Department
19                 of Agriculture and Consumer Services; prohibiting the
20                 department from enforcing certain provisions for
21                 violations of certain rules; amending s. 525.16, F.S.;
22                 exempting department petroleum fuel measuring device
23                 rules from enforcement under specified provisions;
24                 providing an effective date.
25

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        PCS for HB 991
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        PCS for HB 991                             ORIGINAL                                                  2021




26      Be It Enacted by the Legislature of the State of Florida:
27
28              Section 1.         Subsection (10) of section 525.07, Florida
29      Statutes, is amended to read:
30              525.07       Powers and duties of department; inspections;
31      unlawful acts.—
32              (10)(a)       Each person who owns or operates manages a retail
33      petroleum fuel measuring device shall have affixed to or
34      installed onto the measuring device a security measure to
35      restrict the unauthorized access of customer payment card
36      information. The security measure must include one or more of
37      the following:
38              1.       The placement and maintenance of pressure-sensitive
39      security tape over the panel opening that leads to the scanning
40      device for the retail petroleum fuel measuring device in a
41      manner that will restrict the unauthorized opening of the panel
42      or the placement and maintenance of pressure-sensitive custom
43      branded security tape unique to the station in more than one
44      location over the panel opening.
45              2.       A device or system that will render the retail
46      petroleum fuel measuring device or the scanning device in the
47      measuring device inoperable if there is an unauthorized opening
48      of the panel.
49              3.       A device or system that encrypts the customer payment
50      card information in the scanning device.

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        PCS for HB 991                             ORIGINAL                                                  2021




51              4.       A physical locking mechanism that requires an access
52      key unique to each station to restrict the unauthorized access
53      of customer payment card information.
54              5.       A device or system that will sound an alarm to alert
55      the owner or operator if there is an unauthorized opening of the
56      retail petroleum measuring device panel.
57              6.       A daily inspection of each measuring device that
58      includes opening the panels, using an anti-skimmer application
59      that detects wireless based skimmers, and documenting such
60      inspections.
61              7.       A device or system that permits customers to use a
62      contactless payment method, such as an electronic contact-free
63      system, tap-and-go system, or mobile cryptographic system, for
64      payment that does not use a magnetic strip scanning device.
65              8.4.         Another security measure approved by the department.
66              (b)       Effective January 1, 2022, the owner or operator of a
67      retail petroleum fuel measuring device shall have affixed to or
68      installed onto the measuring device at least two of the security
69      measures under paragraph (a). The use and maintenance of two
70      security measures on each measuring device by an owner or
71      operator is deemed to be in compliance with this subsection.
72              (c)(b)        The owner or manager of A retail petroleum fuel
73      measuring device without a security measure or with an illegal
74      skimming or filtering device or an altered or damaged security
75      measure, upon discovery by the department, shall be prohibited

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         PCS for HB 991                             ORIGINAL                                                  2021




76       from further use until the security measure is installed,
77       replaced, or repaired. The department may take a retail
78       petroleum fuel measuring device that is in violation of s.
79       525.07(10) out of service until compliance is restored upon
80       written notice from the department of such noncompliance, shall
81       have 5 calendar days to comply with this subsection. After the
82       fifth day of noncompliance, the department may prohibit further
83       use of the retail petroleum fuel measuring device until a
84       security measure is installed, replaced, or repaired. A repeat
85       violation found on the same retail petroleum fuel measuring
86       device will be cause for the department to immediately take the
87       measuring device out of service.
88               (d)      If the owner or operator of a retail petroleum fuel
89       measuring device finds an illegal skimming or filtering device
90       or an altered or damaged security measure, the owner or operator
91       shall report the illegal device or altered or damaged measure to
92       the department within 3 business days of the discovery on a form
93       prescribed by the department.
94               (e)(c)       For purposes of this subsection, the terms
95       "scanning device" and "payment card" have the same meanings as
96       defined in s. 817.625.
97               (f)(d)       This subsection applies only to retail petroleum
98       fuel measuring devices that have a scanning device.
99               (g)(e)       The department may seize without warrant any
100      skimming device, as defined in s. 817.625, for use as evidence.

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         PCS for HB 991                             ORIGINAL                                                  2021




101              (h)(f)       The regulation of retail petroleum fuel measuring
102      devices is preempted to the state. The department shall enforce,
103      and may adopt rules to administer, this subsection; however, s.
104      525.16 may not be used to enforce this section unless the owner
105      or operator of a retail petroleum fuel measuring device has
106      failed to install or implement security measures pursuant to
107      this section or has placed the measuring device back in service
108      before compliance with this section has been restored. However,
109      if noncompliance is the result of damage or alteration after
110      repair by the owner or operator of the security measure, and the
111      owner or operator demonstrates or provides sufficient evidence
112      of such, the department may not use s. 525.16 to enforce this
113      section.
114              Section 2.         Subsection (6) is added to section 525.16,
115      Florida Statutes, to read:
116              525.16       Administrative fine; penalties; prosecution of
117      cases by state attorney.—
118              (6)      This section may not be used to enforce s. 525.07(10)
119      or rules adopted thereunder unless the owner or operator of a
120      retail petroleum fuel measuring device has failed to install or
121      implement security measures pursuant to s. 525.07(10) or has
122      placed the measuring device back in service before compliance
123      with s. 525.07(10) has been restored. However, if noncompliance
124      is the result of damage or alteration after repair by the owner
125      or operator of the security measure, and the owner or operator

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         PCS for HB 991                             ORIGINAL                                                  2021




126      demonstrates or provides sufficient evidence of such, the
127      department may not use this section to enforce 525.07(10).
128              Section 3.         Except as otherwise provided, this act shall
129      take effect July 1, 2021.




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