Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 430
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/07/2021 .
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The Committee on Rules (Rodriguez) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 18 - 35
4 and insert:
5 Section 1. Subsection (10) of section 525.07, Florida
6 Statutes, is amended to read:
7 525.07 Powers and duties of department; inspections;
8 unlawful acts.—
9 (10)(a) Each person who owns or manages a retail petroleum
10 fuel measuring device shall have affixed to or installed onto
11 the measuring device a security measure to restrict the
12 unauthorized access of customer payment card information. The
13 security measure must include one or more of the following:
14 1. The placement of pressure-sensitive security tape over
15 the panel opening that leads to the scanning device for the
16 retail petroleum fuel measuring device in a manner that will
17 restrict the unauthorized opening of the panel. Effective
18 January 1, 2022, a pressure-sensitive security tape may not be
19 the sole security measure used. After such date, the owner or
20 manager of a retail petroleum fuel measuring device who chooses
21 to install a pressure-sensitive security tape must also include
22 at least one of the security measures listed in subparagraphs
23 2.-5.
24 2. A device or system that will render the retail petroleum
25 fuel measuring device or the scanning device in the measuring
26 device inoperable if there is an unauthorized opening of the
27 panel.
28 3. A device or system that encrypts the customer payment
29 card information in the scanning device.
30 4. A physical locking mechanism, as defined by department
31 rule.
32 5. Another security measure approved by the department.
33 (b) The owner or manager of a retail petroleum fuel
34 measuring device without a security measure or with an
35 unapproved or altered or damaged security measure may not use
36 the retail petroleum fuel measuring device after discovering
37 such an issue, upon written notice from the department of such
38 noncompliance, shall have 5 calendar days to comply with this
39 subsection. After the fifth day of noncompliance, the department
40 may prohibit further use of the retail petroleum fuel measuring
41 device until a security measure is installed, replaced, or
42 repaired. A repeat violation found on the same retail petroleum
43 fuel measuring device will be cause for The department may to
44 immediately take a the measuring device out of service until it
45 is in compliance with this section.
46 (c) If the owner or operator of a fuel measuring device
47 finds during inspection that a required security measure has
48 been breached and has failed to restrict the unauthorized access
49 of customer payment card information, the owner or operator must
50 report the security breach to the department, on a form
51 prescribed by the department, within 3 business days after the
52 discovery.
53 (d) The owner or operator of a pump or a registered meter
54 mechanic shall report to the department, on a form prescribed by
55 the department, any illegal skimming or filtering device that he
56 or she finds at a retail petroleum facility within 3 business
57 days after finding the device.
58 (e)(c) For purposes of this subsection, the terms “scanning
59 device” and “payment card” have the same meanings as defined in
60 s. 817.625.
61 (f)(d) This subsection applies only to retail petroleum
62 fuel measuring devices that have a scanning device.
63 (g)(e) The department may seize without warrant any
64 skimming device, as defined in s. 817.625, for use as evidence.
65 (h)(f) The regulation of petroleum fuel measuring devices
66 is preempted to the state and to the department, which shall
67 enforce, and may adopt rules to administer, this subsection;
68 however, s. 525.16 may not be used to enforce this subsection
69 unless the person who owns or manages the petroleum fuel
70 measuring device has failed to install a security device or
71 implement a security measure pursuant to this section.
72 Section 2. Subsection (6) is added to section 525.16,
73 Florida Statutes, to read:
74 525.16 Administrative fine; penalties; prosecution of cases
75 by state attorney.—
76 (6) This section may not be used to enforce s. 525.07(10)
77 or rules adopted pursuant to that subsection unless the person
78 who owns or manages the petroleum fuel measuring device has
79 failed to install a security device or implement a security
80 measure pursuant to s. 525.07(10)(a).
81
82 ================= T I T L E A M E N D M E N T ================
83 And the title is amended as follows:
84 Delete line 3
85 and insert:
86 amending s. 525.07, F.S.; prohibiting a pressure
87 sensitive security tape from being the sole security
88 measure used on a retail petroleum fuel measuring
89 device after a specified date; authorizing additional
90 security measures; prohibiting the owners or operators
91 of such devices from using a device that fails to meet
92 certain standards and requiring them to report certain
93 issues discovered when inspecting such devices to the
94 Department of Agriculture and Consumer Services;
95 preempting the regulation of