Florida Senate - 2021                              CS for SB 430
       
       
        
       By the Committee on Commerce and Tourism; and Senator Rodriguez
       
       
       
       
       
       577-02338-21                                           2021430c1
    1                        A bill to be entitled                      
    2         An act relating to petroleum fuel measuring devices;
    3         amending s. 525.07, F.S.; preempting the regulation of
    4         petroleum fuel measuring devices to the state and the
    5         Department of Agriculture and Consumer Services;
    6         prohibiting the department from enforcing certain
    7         provisions for violations of rules relating to
    8         petroleum fuel measuring devices unless an owner or
    9         operator fails to take certain security measures;
   10         amending s. 525.16, F.S.; exempting department
   11         petroleum fuel measuring device rules from enforcement
   12         under specified provisions unless an owner or operator
   13         fails to take certain security measures; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Paragraph (f) of subsection (10) of section
   19  525.07, Florida Statutes, is amended to read:
   20         525.07 Powers and duties of department; inspections;
   21  unlawful acts.—
   22         (10)
   23         (f) The regulation of petroleum fuel measuring devices is
   24  preempted to the state and to the department, which shall
   25  enforce, and may adopt rules to administer, this subsection;
   26  however, s. 525.16 may not be used to enforce this subsection
   27  unless the device owner or operator has failed to install a
   28  security device or measure.
   29         Section 2. Subsection (6) is added to section 525.16,
   30  Florida Statutes, to read:
   31         525.16 Administrative fine; penalties; prosecution of cases
   32  by state attorney.—
   33         (6) This section may not be used to enforce rules adopted
   34  pursuant to s. 525.07(10)(f) unless the device owner or operator
   35  has failed to install a security device or measure.
   36         Section 3. This act shall take effect July 1, 2021.