Florida Senate - 2013 CS for SB 618
By the Committee on Children, Families, and Elder Affairs; and
Senator Ring
586-02622-13 2013618c1
1 A bill to be entitled
2 An act relating to gasoline stations; amending s.
3 526.141, F.S.; providing requirements for
4 accessibility for disabled persons at gasoline
5 stations; requiring the gasoline station to have a
6 telephone number that is operational and answered by
7 an attendant during the hours the gasoline station is
8 open; requiring certain signage at each self-service
9 gasoline pump; providing exceptions; providing for
10 size and content of the signs; requiring an attendant
11 to provide refueling assistance to a person with a
12 permit or license plate issued under specified
13 provisions; removing criminal penalties; requiring the
14 Department of Agriculture and Consumer Services to
15 enforce subsection (5); providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 526.141, Florida Statutes, is amended to
20 read:
21 526.141 Self-service Gasoline stations; self-service;
22 attendants; regulations.—
23 (1) This section authorizes the establishment of self
24 service gasoline stations.
25 (2) A “self-service gasoline station” shall be that portion
26 of property where flammable and combustible liquids used as
27 motor fuels are stored and subsequently dispensed from fixed,
28 approved dispensing equipment into the fuel tanks of motor
29 vehicles by persons other than the service station attendant.
30 (3) All self-service gasoline stations shall have at least
31 one attendant on duty while the station is open to the public.
32 The attendant’s primary function shall be the proper
33 administration, supervision, observation, and control of the
34 dispensing of flammable and combustible liquids used as motor
35 fuels while such liquids are actually being dispensed. It shall
36 be the responsibility of the attendant to prevent the dispensing
37 of flammable and combustible liquids used as motor fuels into
38 portable containers unless such container bears a seal of
39 approval of a nationally recognized testing agency; to control
40 sources of ignition; and immediately to handle accidental spills
41 and fire extinguishers if needed. The attendant on duty shall be
42 mentally and physically capable of performing the functions and
43 assuming the responsibility prescribed in this subsection.
44 (4)(a) The “attendant control area” is that area reserved
45 for the placing of the attendant, which shall be not more than
46 100 feet from the dispensing area and shall contain the fire
47 extinguishment equipment and emergency controls.
48 (b) The “dispensing area” is that area where the pumps used
49 to dispense flammable and combustible liquids used as motor
50 fuels are located. The dispensing area shall at all times be in
51 clear view of the attendant, and the placing or allowing of any
52 obstruction to vision between the dispensing area and the
53 attendant control area shall be prohibited. The attendant shall
54 at all times be able to communicate with persons in the
55 dispensing area. Emergency controls shall be installed at a
56 location acceptable to the authority having jurisdiction, but
57 controls shall not be more than 100 feet from dispensers.
58 Operating instructions and warning signs shall be conspicuously
59 posted in the dispensing area.
60 (5)(a) Every full-service gasoline station offering self
61 service at a lesser cost shall require an attendant employed by
62 the station to dispense gasoline from the self-service portion
63 of the station to any motor vehicle properly displaying an
64 exemption parking permit as provided in s. 316.1958 or s.
65 320.0848 or a license plate issued pursuant to s. 320.084, s.
66 320.0842, s. 320.0843, or s. 320.0845 when the person to whom
67 such permit has been issued is the operator of the vehicle and
68 such service is requested. The station must have a telephone
69 number that is operational and answered by an attendant during
70 the hours the gasoline station is open to the public which a
71 person can call to request assistance. If a request is made when
72 a second attendant is not present, the gasoline station is not
73 required to provide assistance, however, the attendant on duty
74 must inform the person why assistance is not currently
75 available. Such stations shall prominently display a decal no
76 larger than 8 square inches on the front of all self-service
77 pumps clearly stating the requirements of this subsection and
78 the penalties applicable to violations of this subsection. The
79 Department of Agriculture and Consumer Services shall enforce
80 this requirement.
81 (b) Every gasoline station shall prominently display on the
82 front of each self-service gasoline pump a sign, decal, or
83 sticker of at least 15 square inches printed on a blue
84 background that clearly states:
85 1. The telephone number for the gasoline station.
86 2. The international symbol of accessibility (ISA).
87 3. Wording such as “Call for Assistance” or “Assistance
88 Available upon Request.”
89 4. The hours that two attendants will be available to
90 provide assistance at the gasoline station.
91 5. The requirements of this subsection and the penalties
92 applicable to violations of this subsection.
93 (b) Violation of paragraph (a) is a misdemeanor of the
94 second degree, punishable as provided in s. 775.082 or s.
95 775.083.
96 (6) All self-service equipment used to dispense gasoline
97 shall be approved by a nationally recognized testing agency for
98 its intended use.
99 (7) The Chief Financial Officer, under her or his powers,
100 duties, and functions as State Fire Marshal, shall adopt rules
101 for the administration and enforcement of this section, except
102 for subsection (5) which shall be administered and enforced by
103 the Department of Agriculture and Consumer Services.
104 Section 2. This act shall take effect July 1, 2013.