Florida Senate - 2013                                     SB 618
       By Senator Ring
       29-00452-13                                            2013618__
    1                        A bill to be entitled                      
    2         An act relating to gasoline stations; amending s.
    3         526.141, F.S.; providing requirements for
    4         accessibility for disabled persons at gasoline
    5         stations; requiring certain signage at each self
    6         service gasoline pump; providing for size and content
    7         of the signs; requiring an attendant to provide
    8         refueling assistance to a person with a permit or
    9         license plate issued under specified provisions;
   10         providing for exceptions; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Section 526.141, Florida Statutes, is amended to
   15  read:
   16         526.141 Self-service Gasoline stations; self-service;
   17  attendants; regulations.—
   18         (1) This section authorizes the establishment of self
   19  service gasoline stations.
   20         (2) A “self-service gasoline station” shall be that portion
   21  of property where flammable and combustible liquids used as
   22  motor fuels are stored and subsequently dispensed from fixed,
   23  approved dispensing equipment into the fuel tanks of motor
   24  vehicles by persons other than the service station attendant.
   25         (3) All self-service gasoline stations shall have at least
   26  one attendant on duty while the station is open to the public.
   27  The attendant’s primary function shall be the proper
   28  administration, supervision, observation, and control of the
   29  dispensing of flammable and combustible liquids used as motor
   30  fuels while such liquids are actually being dispensed. It shall
   31  be the responsibility of the attendant to prevent the dispensing
   32  of flammable and combustible liquids used as motor fuels into
   33  portable containers unless such container bears a seal of
   34  approval of a nationally recognized testing agency; to control
   35  sources of ignition; and immediately to handle accidental spills
   36  and fire extinguishers if needed. The attendant on duty shall be
   37  mentally and physically capable of performing the functions and
   38  assuming the responsibility prescribed in this subsection.
   39         (4)(a) The “attendant control area” is that area reserved
   40  for the placing of the attendant, which shall be not more than
   41  100 feet from the dispensing area and shall contain the fire
   42  extinguishment equipment and emergency controls.
   43         (b) The “dispensing area” is that area where the pumps used
   44  to dispense flammable and combustible liquids used as motor
   45  fuels are located. The dispensing area shall at all times be in
   46  clear view of the attendant, and the placing or allowing of any
   47  obstruction to vision between the dispensing area and the
   48  attendant control area shall be prohibited. The attendant shall
   49  at all times be able to communicate with persons in the
   50  dispensing area. Emergency controls shall be installed at a
   51  location acceptable to the authority having jurisdiction, but
   52  controls shall not be more than 100 feet from dispensers.
   53  Operating instructions and warning signs shall be conspicuously
   54  posted in the dispensing area.
   55         (5)(a) Every full-service gasoline station offering self
   56  service at a lesser cost shall require an attendant employed by
   57  the station to dispense gasoline from the self-service portion
   58  of the station to any motor vehicle properly displaying an
   59  exemption parking permit as provided in s. 316.1958 or s.
   60  320.0848 or a license plate issued pursuant to s. 320.084, s.
   61  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
   62  such permit has been issued is the operator of the vehicle and
   63  such service is requested. Such stations shall prominently
   64  display a decal no larger than 8 square inches on the front of
   65  all self-service pumps clearly stating the requirements of this
   66  subsection and the penalties applicable to violations of this
   67  subsection. The Department of Agriculture and Consumer Services
   68  shall enforce this requirement.
   69         (b)1. Every gasoline station shall prominently display on
   70  the front of all self-service gasoline pumps a sign, decal, or
   71  sticker of at least 15 square inches. The sign, decal, or
   72  sticker must be printed on a blue background and must clearly
   73  state:
   74         a. The telephone number for the gasoline station, which
   75  number must be operational and answered by an employee of the
   76  gasoline station during the hours the gasoline station is open
   77  for business to the public.
   78         b. The international symbol of accessibility (ISA).
   79         c. Wording such as “Call for Assistance” or “Assistance
   80  Available upon Request.”
   81         d. The hours that two attendants will be available to
   82  provide assistance at the gasoline station.
   83         e. The requirements of this subsection and the penalties
   84  applicable to violations of this subsection.
   85         2. The gasoline station shall require an attendant employed
   86  by the station to respond to a request for assistance and, if
   87  there is more than one attendant on duty, an attendant shall
   88  dispense gasoline from the self-service portion of the station
   89  to any motor vehicle properly displaying an exemption parking
   90  permit as provided in s. 316.1958 or s. 320.0848 or a license
   91  plate issued pursuant to s. 320.084, s. 320.0842, s. 320.0843,
   92  or s. 320.0845 when the person to whom such permit has been
   93  issued is the operator of the vehicle and requests such service.
   94  If a person requests assistance when a second attendant is not
   95  present at a self-service gasoline station, the gasoline station
   96  is not required to provide the requested assistance and, if the
   97  attendant can communicate with the requestor by a remote or
   98  electronic means, the attendant on duty shall inform the person
   99  that he or she is unable to provide assistance because only one
  100  attendant is on duty.
  101         (c)(b)A violation of paragraph (a) or paragraph (b) is a
  102  misdemeanor of the second degree, punishable as provided in s.
  103  775.082 or s. 775.083. The Department of Agriculture and
  104  Consumer Services shall enforce this subsection.
  105         (6) All self-service equipment used to dispense gasoline
  106  shall be approved by a nationally recognized testing agency for
  107  its intended use.
  108         (7) The Chief Financial Officer, under her or his powers,
  109  duties, and functions as State Fire Marshal, shall adopt rules
  110  for the administration and enforcement of this section, except
  111  for subsection (5) which shall be administered and enforced by
  112  the Department of Agriculture and Consumer Services.
  113         Section 2. This act shall take effect July 1, 2013.