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.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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