HB 991 — Petroleum Fuel Measuring Devices

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 HBCS/HB 991 2021 A bill to be entitled An act relating to petroleum fuel measuring devices;

revising the types of certain security measures required to be affixed to or installed onto retail petroleum fuel measuring devices;

requiring owners or operators of retail petroleum fuel measuring devices to affix to or install onto the measuring devices certain security measures by a specified date;

providing that the use of certain measures complies with such requirement;

authorizing the Department of Agriculture and Consumer Services to take certain retail petroleum fuel measuring devices out of service until compliance is restored;

prohibiting the department from enforcing certain provisions for violations of rulescertain relatingrules; to petroleum fuel measuring devices;

providing an exception;

providing an exception;

ParagraphSubsection (f) of subsection (10) of section 525.07, Florida Statutes,Page is1 amendedof to5 read:CODING:

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hb0991-01-c1 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 CS/HB 991 2021 Statutes, is amended to read:

unlawful acts.— (10)(10)(a) (f)Each Theperson regulationwho ofowns or operates manages a retail petroleum fuel measuring devicesdevice isshall preemptedhave affixed to theor stateinstalled andonto to the department,measuring whichdevice shalla enforce,security andmeasure mayto adoptrestrict rulesthe tounauthorized administer,access thisof subsection;customer payment card information.

The security measure must include one or more of the following:

1.

The placement and maintenance of pressure-sensitive security tape over the panel opening that leads to the scanning device for the retail petroleum fuel measuring device in a manner that will restrict the unauthorized opening of the panel or the placement and maintenance of pressure-sensitive custom branded security tape unique to the station in more than one location over the panel opening.

2.

A device or system that will render the retail petroleum fuel measuring device or the scanning device in the measuring device inoperable if there is an unauthorized opening of the panel.

3.

A device or system that encrypts the customer payment card information in the scanning device.

4.

A physical locking mechanism that requires an access key unique to each station to restrict the unauthorized access of customer payment card information.

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hb0991-01-c1 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 CS/HB 991 2021 5.

A device or system that will sound an alarm to alert the owner or operator if there is an unauthorized opening of the retail petroleum measuring device panel.

6.

A daily inspection of each measuring device that includes opening the panels, using an anti-skimmer application that detects wireless based skimmers, and documenting such inspections.

7.

A device or system that permits customers to use a contactless payment method, such as an electronic contact-free system, tap-and-go system, or mobile cryptographic system, for payment that does not use a magnetic strip scanning device.

8.4.

Another security measure approved by the department.

(b) Effective January 1, 2022, the owner or operator of a retail petroleum fuel measuring device shall have affixed to or installed onto the measuring device at least two of the security measures under paragraph (a).

The use and maintenance of two security measures on each measuring device by an owner or operator is deemed to be in compliance with this subsection.

(c)(b) The owner or manager of A retail petroleum fuel measuring device without a security measure or with an illegal skimming or filtering device or an altered or damaged security measure, upon discovery by the department, shall be prohibited from further use until the security measure is installed, replaced, or repaired.

The department may take a retail petroleum fuel measuring device that is in violation of s.

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