HB 1381 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to retail petroleum fuel measuring 2
devices; amending s. 525.07, F.S.; removing provisions 3
authorizing pressure -sensitive security tape and daily 4
inspections as security measure options for retail 5
petroleum fuel measuring devices; requiring owners and 6
operators of retail petroleum fuel measuring devices 7
to conduct certain daily inspections of the devices 8
and report altered or damaged security measur es and 9
illegal skimming or filtering devices to the 10
Department of Agriculture and Consumer Services in a 11
specified manner within a specified time; requiring 12
registered meter mechanics to report illegal skimming 13
or filtering devices to the department in a s pecified 14
manner within a specified time; requiring the storage 15
of certain devices; prohibiting the department from 16
enforcing certain provisions for violations of certain 17
rules; amending s. 525.16, F.S.; exempting department 18
petroleum fuel measuring device rules from enforcement 19
under specified provisions; providing an effective 20
date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Subsection (10) of section 525.07, Florida 25
HB 1381 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, is amended to read: 26
525.07 Powers and duti es of department; inspections; 27
unlawful acts.— 28
(10)(a) The owner or operator of Each person who owns or 29
operates a retail petroleum fuel measuring device shall have 30
affix affixed to or install installed onto the measuring device 31
a security measure to res trict the unauthorized access of 32
customer payment card information. The security measure must 33
include one or more of the following: 34
1. The placement and maintenance of pressure -sensitive 35
security tape over the panel opening that leads to the scanning 36
device for the retail petroleum fuel measuring device in a 37
manner that will restrict the unauthorized opening of the panel 38
or the placement and maintenance of pressure -sensitive custom 39
branded security tape unique to the station in more than one 40
location over the panel opening. 41
1.2. A device or system that will render the retail 42
petroleum fuel measuring device or the scanning device in the 43
measuring device inoperable if there is an unauthorized opening 44
of the panel. 45
2.3. A device or system that encrypts th e customer payment 46
card information in the scanning device. 47
3.4. A physical locking mechanism that requires an access 48
key unique to each station to restrict the unauthorized access 49
of customer payment card information. 50
HB 1381 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4.5. A device or system that will sound an alarm to alert 51
the owner or operator if there is an unauthorized opening of the 52
retail petroleum measuring device panel. 53
6. A daily inspection of each measuring device that 54
includes opening the panels, using an anti -skimmer application 55
that detects wireless-based skimmers, and documenting such 56
inspections. 57
5.7. A device or system that permits customers to use a 58
contactless payment method, such as an electronic contact -free 59
system, tap-and-go system, or mobile cryptographic system, for 60
payment that does not use a magnetic strip scanning device. 61
6.8. Another security measure approved by the department. 62
(b) Effective January 1, 2022, the owner or operator of a 63
retail petroleum fuel measuring device shall affix have affixed 64
to or install installed onto the measuring device at least two 65
of the security measures under paragraph (a). The use and 66
maintenance of two security measures on each measuring device by 67
an owner or operator is deemed to be in compliance with this 68
subsection. 69
(c)1. The owner or operator of a retail petroleum fuel 70
measuring device shall perform a daily inspection of each 71
measuring device that includes opening the panel and documenting 72
the inspection. 73
2. The owner or operator must report on a form prescribed 74
by the department any altered or damaged security measure 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
discovered during an inspection within 3 business days after the 76
inspection date. 77
3. The owner or operator or a registered meter mechanic 78
must report on a form prescribed by the department any illegal 79
skimming or filtering device discovered at a retail petroleum 80
fueling facility within 3 business days after the date of such 81
discovery. The skimming or filtering device must be securely 82
stored until it is provided to the department. 83
(d)(c) A retail petroleum fuel me asuring device without a 84
security measure or with an illegal skimming or filtering device 85
or an altered or damaged security measure, upon discovery by the 86
department, is shall be prohibited from further use until the 87
security measure is installed, replaced , or repaired. The 88
department may take a retail petroleum fuel measuring device 89
that is in violation of this subsection out of service until 90
compliance is restored. 91
(e)(d) For purposes of this subsection, the terms 92
"scanning device" and "payment card" ha ve the same meanings as 93
in s. 817.625. 94
(f)(e) This subsection applies only to retail petroleum 95
fuel measuring devices that have a scanning device. 96
(g)(f) The department may seize without warrant any 97
skimming device, as defined in s. 817.625, for use as evidence. 98
(h)(g) The regulation of retail petroleum fuel measuring 99
devices is preempted to the state. The department shall enforce, 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and may adopt rules to administer, this subsection; however, s. 101
525.16 may not be used to enforce paragraphs(a) and (b) this 102
section unless the owner or operator of a retail petroleum fuel 103
measuring device has failed to install or implement security 104
measures pursuant to this section or has placed the measuring 105
device back in service before compliance with this section has 106
been restored. However, if noncompliance is the result of damage 107
or alteration after repair of the security measure by the owner 108
or operator of the measuring device security measure, and the 109
owner or operator demonstrates or provides sufficient evidence 110
of such, the department may not use s. 525.16 to enforce 111
paragraphs (a) and (b) this section. 112
Section 2. Subsection (6) of section 525.16, Florida 113
Statutes, is amended to read: 114
525.16 Administrative fine; penalties; prosecution of 115
cases by state attorney. — 116
(6) This section may not be used to enforce s. 117
525.07(10)(a) or (b) s. 525.07(10) or rules adopted thereunder 118
unless the owner or operator of a retail petroleum fuel 119
measuring device has failed to install or implement security 120
measures pursuant to s. 525.07(10)(a) or (b) s. 525.07(10) or 121
has placed the measuring device back in service before 122
compliance with s. 525.07(10)(a) or (b) s. 525.07(10) has been 123
restored. However, if n oncompliance is the result of damage or 124
alteration after repair by the owner or operator of the security 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
measure, and the owner or operator demonstrates or provides 126
sufficient evidence of such, the department may not use this 127
section to enforce s. 525.07(10)(a) or (b) s. 525.07(10). 128
Section 3. This act shall take effect July 1, 2022. 129