Florida Senate - 2014 CS for CS for SB 1184
By the Committees on Agriculture; and Commerce and Tourism; and
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;
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.
(b) Violation of paragraph (a) is a misdemeanor of the
51 second degree, punishable as provided in s. 775.082 or s.
53 Section 2. Section 526.142, Florida Statutes, is created to
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.