Florida Senate - 2014                      CS for CS for SB 1184
       By the Committees on Agriculture; and Commerce and Tourism; and
       Senator Brandes
       575-03483-14                                          20141184c2
    1                        A bill to be entitled                      
    2         An act relating to gasoline stations; amending s.
    3         526.141, F.S.; requiring self-service gasoline pumps
    4         to display an additional decal containing specified
    5         information; requiring the Department of Agriculture
    6         and Consumer Services to confirm compliance by a
    7         specified date; providing for preemption of local laws
    8         and regulations pertaining to fueling assistance for
    9         certain motor vehicle operators; creating s. 526.142,
   10         F.S.; providing that no motor fuel outlet shall be
   11         required to provide air or vacuum supply without
   12         charge; preempts to the state the power to regulate
   13         and set pricing for air and vacuum commodities;
   14         providing an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. Subsection (5) of section 526.141, Florida
   19  Statutes, is amended to read:
   20         526.141 Self-service gasoline stations; attendants;
   21  regulations.—
   22         (5)(a) Every full-service gasoline station offering self
   23  service at a lesser cost shall require an attendant employed by
   24  the station to dispense gasoline from the self-service portion
   25  of the station to any motor vehicle properly displaying an
   26  exemption parking permit as provided in s. 316.1958 or s.
   27  320.0848 or a license plate issued pursuant to s. 320.084, s.
   28  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
   29  such permit has been issued is the operator of the vehicle and
   30  such service is requested. Such stations shall prominently
   31  display a decal no larger than 8 square inches on the front of
   32  all self-service pumps clearly stating the requirements of this
   33  subsection and the penalties applicable to violations of this
   34  subsection. The Department of Agriculture and Consumer Services
   35  shall enforce this requirement.
   36         (b)1. The Department of Agriculture and Consumer Services,
   37  when inspecting a self-service gasoline station, shall confirm
   38  that a second and separate decal is affixed to each pump. The
   39  decal must be blue, at least 15 square inches, and clearly
   40  display the international symbol of accessibility shown in s.
   41  320.0842, the telephone number of the station, and the words
   42  “Call for Assistance.” The Department of Agriculture and
   43  Consumer Services shall adopt rules to implement and enforce
   44  this paragraph and shall confirm that the decals conform with
   45  this paragraph and are in place by July 1, 2016.
   46         2. This paragraph preempts and supersedes all local
   47  government laws and regulations pertaining to the provision of
   48  fueling assistance to the motor vehicle operators described in
   49  paragraph (a) by self-service gasoline stations.
   50         (c)(b) Violation of paragraph (a) is a misdemeanor of the
   51  second degree, punishable as provided in s. 775.082 or s.
   52  775.083.
   53         Section 2. Section 526.142, Florida Statutes, is created to
   54  read:
   55         526.142 Air and vacuum devices.—No motor fuel retail outlet
   56  as defined in s. 526.303(14), shall be required to provide air
   57  or vacuum supply without charge. A political subdivision of this
   58  state may not adopt any ordinance regarding the pricing of such
   59  commodities and all such ordinances, whether existing or
   60  proposed, are hereby preempted and superseded by general law.
   61         Section 3. This act shall take effect July 1, 2014.