Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 430
       
       
       
       
       
       
                                Ì258574HÎ258574                         
       
                              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