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The Florida Senate

2020 Florida Statutes

Title XXXIII REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 525
GASOLINE AND OIL INSPECTION
CHAPTER 525
CHAPTER 525
GASOLINE AND OIL INSPECTION
525.01 Gasoline and oil to be inspected.
525.02 Analyses of petroleum fuel.
525.035 Mislabeled petroleum fuel.
525.037 Petroleum fuel standards.
525.07 Powers and duties of department; inspections; unlawful acts.
525.08 Department to have access to all stores, warehouses, factories, petroleum terminals, storage houses, and railroad depots.
525.10 Payment of expenses.
525.14 Rules.
525.15 Inspectors not to be interested in sales.
525.16 Administrative fine; penalties; prosecution of cases by state attorney.
525.01 Gasoline and oil to be inspected.—
(1) For the purpose of this chapter:
(a) “Department” means the Department of Agriculture and Consumer Services.
(b) “Petroleum fuel” means all gasoline, kerosene (except when used as aviation turbine fuel), diesel fuel, benzine, other like products of petroleum under whatever name designated, or an alternative fuel used for illuminating, heating, cooking, or power purposes, sold, offered, or exposed for sale in this state.
(c) “Alternative fuel” means:
1. Methanol, denatured ethanol, or other alcohols;
2. Mixtures of gasoline or other fuels with methanol, denatured ethanol, or other alcohols;
3. Hydrogen;
4. Coal-derived liquid fuels; and
5. Fuels, other than alcohol, derived from biological materials.
(2) All petroleum fuels are subject to inspection and analysis by the department. Before selling or offering for sale in this state any petroleum fuel, all manufacturers, terminal suppliers, wholesalers, and importers as defined in s. 206.01 shall file with the department:
(a) An affidavit stating that they desire to do business in this state, and the name and address of the manufacturer of the petroleum fuel.
(b) An affidavit stating that the petroleum fuel is in conformity with the standards prescribed by department rule.
History.—s. 1, ch. 7905, 1919; CGL 3956; ss. 14, 35, ch. 69-106; s. 67, ch. 92-291; s. 1, ch. 94-335; s. 7, ch. 2006-165; s. 24, ch. 2011-205; s. 26, ch. 2013-251.
525.02 Analyses of petroleum fuel.—The department shall collect samples of any petroleum fuel sold, offered, or exposed for sale in this state. Collected samples will be analyzed by the department. The certificate of analysis by the department shall be prima facie evidence in any court of law or equity in this state.
History.—s. 2, ch. 7905, 1919; CGL 3957; ss. 14, 35, ch. 69-106; s. 68, ch. 92-291.
525.035 Mislabeled petroleum fuel.—
(1) It shall be unlawful for any petroleum fuel to be mislabeled in any way.
(2) Petroleum fuel is deemed to be mislabeled:
(a) If the measuring device is labeled so as to misrepresent the product as to quality, content, or performance; or
(b) If the labeling on the measuring device is false or misleading in any particular.
(3) The mislabeled product shall be placed under a stop-sale order by the department and the measuring devices and storage tanks of said product shall be sealed by the department to prohibit sale of said product.
(4) The department shall issue a release order upon correction of the label or removal of said product from the premises in a manner approved by the department.
History.—s. 70, ch. 92-291; s. 2, ch. 94-335.
525.037 Petroleum fuel standards.—
(1) It is unlawful to sell or distribute, or offer for sale or distribution, any petroleum fuel which fails to meet any standard adopted by rule of the department.
(2) The substandard product shall be placed under a stop-sale order by the department and the measuring devices and storage tanks of said product shall be sealed by the department to prohibit sale of said product.
(3) If the product is made to conform to standard or removed from the premises in a manner approved by the department, the department shall issue a release order.
History.—s. 71, ch. 92-291; s. 4, ch. 93-142.
525.07 Powers and duties of department; inspections; unlawful acts.—
1(1)(a) The department shall inspect all measuring devices used in selling or distributing petroleum fuel at wholesale and retail.
(b) The department may affix a sticker to each petroleum measuring device. Using only a combination of lettering, numbering, words, or the department logo, the sticker must signify that the device has been inspected by the department and that the device owner is responsible for its proper use and maintenance. Any sticker which has been affixed to a petroleum measuring device by the department which does not meet the specifications of this paragraph must be removed by September 15, 2020. This paragraph expires July 1, 2021.
(2) The department shall define, by rule, the tolerances to be allowed, in excess or deficiency, on all measuring devices.
(3) Each person who owns or manages a petroleum fuel measuring device shall be responsible for ensuring accurate measure by the device within the tolerances defined by the rule. An appropriate security seal shall be placed on all measuring devices found to be giving accurate measure within the tolerances defined by the department in such a way that the metering adjustment cannot be changed without breaking the seal.
(4) A measuring device that is found to be operating outside the tolerances defined by the department shall be deemed inaccurate and the department, at its discretion, shall either:
(a) Give, in writing, the owner or manager of the measuring device a reasonable time to repair the measuring device; or
(b) Condemn or prohibit the further use of the measuring device by using an appropriate security seal to obstruct the mechanism so that it cannot be operated without breaking the seal. The measuring device shall not be operated in this state again without the written consent of the department.
(5) It shall be unlawful for any person to operate any measuring device that has been condemned or prohibited from further use by the department, without the written consent of the department.
(6) It shall be unlawful for any person to install or operate a petroleum fuel measuring device in this state which gives short measure.
(7) It is unlawful for any person to break, cut, or remove any seal applied by the department to a petroleum fuel measuring device or container. If it becomes necessary to repair and adjust a petroleum fuel measuring device during the absence of an inspector of the department, the seal on the meter adjustment may be broken by a person who is registered with the department as a meter mechanic. After repairs and adjustments have been made, the adjusting mechanism must immediately be resealed by the registered meter mechanic with a seal clasp bearing at least the name or initials of the registered mechanic. The registered mechanic shall immediately notify the department of this action.
(8)(a) All persons and service agencies that repair or install petroleum fuel measuring devices must register with the department on forms provided by the department. Any registered person or agency that has installed a petroleum fuel measuring device must report the existence of the petroleum fuel measuring device to the department.
(b) If a vendor has a petroleum fuel measuring device installed by any person or agency that is not registered by the department, that owner must report the existence of the newly installed petroleum fuel measuring device to the department.
(9) All persons and service agencies that adjust the accuracy of a petroleum fuel measuring device must use test measures that have been calibrated with standards traceable to the National Institute of Standards and Technology within 1 year prior to the date of the adjustment for volumes of less than 500 gallons and within 3 years before the date of the adjustment for volumes of 500 gallons or more.
(10)(a) Each person who owns or manages a retail petroleum fuel measuring device shall have affixed to or installed onto the measuring device a security measure to restrict the unauthorized access of customer payment card information. The security measure must include one or more of the following:
1. The placement of pressure-sensitive security tape over the panel opening that leads to the scanning device for the retail petroleum fuel measuring device in a manner that will restrict the unauthorized opening of the panel.
2. A device or system that will render the retail petroleum fuel measuring device or the scanning device in the measuring device inoperable if there is an unauthorized opening of the panel.
3. A device or system that encrypts the customer payment card information in the scanning device.
4. Another security measure approved by the department.
(b) The owner or manager of a retail petroleum fuel measuring device without a security measure or with an altered or damaged security measure, upon written notice from the department of such noncompliance, shall have 5 calendar days to comply with this subsection. After the fifth day of noncompliance, the department may prohibit further use of the retail petroleum fuel measuring device until a security measure is installed, replaced, or repaired. A repeat violation found on the same retail petroleum fuel measuring device will be cause for the department to immediately take the measuring device out of service.
(c) For purposes of this subsection, the terms “scanning device” and “payment card” have the same meanings as defined in s. 817.625.
(d) This subsection applies only to retail petroleum fuel measuring devices that have a scanning device.
(e) The department may seize without warrant any skimming device, as defined in s. 817.625, for use as evidence.
(f) The department shall enforce, and may adopt rules to administer, this subsection.
History.—s. 7, ch. 7905, 1919; s. 2, ch. 10134, 1925; CGL 3963, 8119, 8120, 8121, 8122; s. 1, ch. 21883, 1943; s. 10, ch. 26484, 1951; ss. 14, 35, ch. 69-106; s. 1, ch. 70-439; s. 505, ch. 71-136; s. 1, ch. 71-152; s. 72, ch. 92-291; s. 3, ch. 94-335; s. 1, ch. 98-38; s. 6, ch. 2007-232; s. 26, ch. 2012-67; s. 2, ch. 2016-173; s. 15, ch. 2018-84; ss. 92, 93, ch. 2019-116; s. 81, ch. 2020-114.
1Note.—Section 81, ch. 2020-114, amended subsection (1) “[i]n order to implement Specific Appropriations 1453 through 1459 of the 2020-2021 General Appropriations Act.”
525.08 Department to have access to all stores, warehouses, factories, petroleum terminals, storage houses, and railroad depots.—
(1) In the performance of its duties, the department shall have free access during all reasonable hours to any store, warehouse, factory, petroleum terminal, storage house, or railway depot, where petroleum fuels are kept or otherwise stored, for the purpose of:
(a) Examination or inspection of petroleum measuring devices.
(b) Examination, inspection, and collection of samples of petroleum fuel.
(c) Examination or inspection of records and documents pertaining to distribution and sales of petroleum products.
(2) If access to the premises is refused by the owner, agent, or manufacturer, the department may apply for an inspection warrant as provided for in chapter 933, which shall be obtained in the same manner as provided for obtaining inspection warrants in other cases.
(3) The refusal to admit the department to any of the above-mentioned premises during reasonable hours shall be construed as prima facie evidence of a violation of this chapter.
History.—s. 8, ch. 7905, 1919; CGL 3964; ss. 14, 35, ch. 69-106; s. 73, ch. 92-291; s. 4, ch. 94-335.
525.10 Payment of expenses.—All expenses incurred in the enforcement of this chapter and other inspection laws of this state for which fees are collected, including acquiring equipment and other property, shall be paid from the General Inspection Trust Fund. No money shall be paid to any inspector or employee created under this chapter except from the funds collected from the administration of this chapter.
History.—s. 10, ch. 7905, 1919; s. 1, ch. 15615, 1931; CGL 3966; s. 2, ch. 61-119; ss. 14, 35, ch. 69-106; s. 75, ch. 92-291; s. 28, ch. 2013-251.
525.14 Rules.—The department shall adopt rules not inconsistent with the provisions of this chapter as in its judgment may be necessary to the proper enforcement of this chapter; and define the standards and specifications for all petroleum fuels. The standards and specifications shall be defined before the petroleum fuel may be sold or otherwise dispensed in this state.
History.—s. 14, ch. 7905, 1919; CGL 3970; ss. 14, 35, ch. 69-106; s. 76, ch. 92-291.
525.15 Inspectors not to be interested in sales.—It is unlawful for any inspector to be interested, directly or indirectly, in the manufacturing or sale of any petroleum fuel regulated by this chapter.
History.—s. 15, ch. 7905, 1919; CGL 3971; s. 77, ch. 92-291.
525.16 Administrative fine; penalties; prosecution of cases by state attorney.—
(1)(a) The department may enter an order imposing one or more of the following penalties against a person who violates this chapter or the rules adopted under this chapter or impedes, obstructs, or hinders the department in the performance of its duty in connection with this chapter:
1. Issuance of a warning letter.
2. Imposition of an administrative fine in the Class II category pursuant to s. 570.971 for each violation. When imposing any fine under this section, the department shall consider the degree and extent of harm caused by the violation, the cost of rectifying the damage, the amount of money the violator benefited from by noncompliance, whether the violation was committed willfully, and the compliance record of the violator.
3. Revocation or suspension of any registration issued by the department.
(b) If, 3 years after the date of the last violation under this chapter, a new violation has not occurred at the same location during the proprietorship of the same person, all previous fines shall be disregarded when administering a fine for the next violation.
(2) Any person who knowingly violates any provision of this chapter or any rule adopted by the department commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) An entity that sells, offers for sale, distributes, or offers for distribution petroleum or alternative fuels shall ensure that its activities result in petroleum fuels that meet all requirements and standards adopted under s. 525.14. A terminal supplier, wholesaler, or blender licensed under chapter 206 is not liable for injuries or damages resulting from the subsequent blending of petroleum or alternative fuels occurring after the transfer of ownership of such fuels from the terminal supplier, wholesaler, or blender if the petroleum or alternative fuels used to make the petroleum fuel at issue met the requirements and standards adopted under s. 525.14 while under ownership of the terminal supplier, wholesaler, or blender.
(4) The state attorney, or other prosecuting officer within the jurisdiction of whose court the case may come, shall prosecute all cases certified to him or her for prosecution by the department immediately upon receipt of the evidence transmitted by the department, or as soon thereafter as practicable.
(5) In addition to the remedies provided in this chapter, and notwithstanding the existence of any adequate remedy at law, the department may bring an action to enjoin the violation of any provision of this chapter, or rules adopted under this chapter, in the circuit court of the county in which the violation occurs or is about to occur. Upon demonstration of competent and substantial evidence by the department to the court of the violation or threatened violation, the court shall immediately issue the temporary or permanent injunction sought by the department. The injunction shall be issued without bond.
History.—s. 17, ch. 7905, 1919; CGL 3972; ss. 14, 35, ch. 69-106; s. 78, ch. 92-291; s. 5, ch. 94-335; s. 713, ch. 97-103; s. 29, ch. 2013-251; s. 13, ch. 2014-147; s. 49, ch. 2014-150.