Florida Senate - 2013                              CS for SB 618
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Ring
       586-02622-13                                           2013618c1
    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 the gasoline station to have a
    6         telephone number that is operational and answered by
    7         an attendant during the hours the gasoline station is
    8         open; requiring certain signage at each self-service
    9         gasoline pump; providing exceptions; providing for
   10         size and content of the signs; requiring an attendant
   11         to provide refueling assistance to a person with a
   12         permit or license plate issued under specified
   13         provisions; removing criminal penalties; requiring the
   14         Department of Agriculture and Consumer Services to
   15         enforce subsection (5); providing an effective date.
   17  Be It Enacted by the Legislature of the State of Florida:
   19         Section 1. Section 526.141, Florida Statutes, is amended to
   20  read:
   21         526.141 Self-service Gasoline stations; self-service;
   22  attendants; regulations.—
   23         (1) This section authorizes the establishment of self
   24  service gasoline stations.
   25         (2) A “self-service gasoline station” shall be that portion
   26  of property where flammable and combustible liquids used as
   27  motor fuels are stored and subsequently dispensed from fixed,
   28  approved dispensing equipment into the fuel tanks of motor
   29  vehicles by persons other than the service station attendant.
   30         (3) All self-service gasoline stations shall have at least
   31  one attendant on duty while the station is open to the public.
   32  The attendant’s primary function shall be the proper
   33  administration, supervision, observation, and control of the
   34  dispensing of flammable and combustible liquids used as motor
   35  fuels while such liquids are actually being dispensed. It shall
   36  be the responsibility of the attendant to prevent the dispensing
   37  of flammable and combustible liquids used as motor fuels into
   38  portable containers unless such container bears a seal of
   39  approval of a nationally recognized testing agency; to control
   40  sources of ignition; and immediately to handle accidental spills
   41  and fire extinguishers if needed. The attendant on duty shall be
   42  mentally and physically capable of performing the functions and
   43  assuming the responsibility prescribed in this subsection.
   44         (4)(a) The “attendant control area” is that area reserved
   45  for the placing of the attendant, which shall be not more than
   46  100 feet from the dispensing area and shall contain the fire
   47  extinguishment equipment and emergency controls.
   48         (b) The “dispensing area” is that area where the pumps used
   49  to dispense flammable and combustible liquids used as motor
   50  fuels are located. The dispensing area shall at all times be in
   51  clear view of the attendant, and the placing or allowing of any
   52  obstruction to vision between the dispensing area and the
   53  attendant control area shall be prohibited. The attendant shall
   54  at all times be able to communicate with persons in the
   55  dispensing area. Emergency controls shall be installed at a
   56  location acceptable to the authority having jurisdiction, but
   57  controls shall not be more than 100 feet from dispensers.
   58  Operating instructions and warning signs shall be conspicuously
   59  posted in the dispensing area.
   60         (5)(a) Every full-service gasoline station offering self
   61  service at a lesser cost shall require an attendant employed by
   62  the station to dispense gasoline from the self-service portion
   63  of the station to any motor vehicle properly displaying an
   64  exemption parking permit as provided in s. 316.1958 or s.
   65  320.0848 or a license plate issued pursuant to s. 320.084, s.
   66  320.0842, s. 320.0843, or s. 320.0845 when the person to whom
   67  such permit has been issued is the operator of the vehicle and
   68  such service is requested. The station must have a telephone
   69  number that is operational and answered by an attendant during
   70  the hours the gasoline station is open to the public which a
   71  person can call to request assistance. If a request is made when
   72  a second attendant is not present, the gasoline station is not
   73  required to provide assistance, however, the attendant on duty
   74  must inform the person why assistance is not currently
   75  available. Such stations shall prominently display a decal no
   76  larger than 8 square inches on the front of all self-service
   77  pumps clearly stating the requirements of this subsection and
   78  the penalties applicable to violations of this subsection. The
   79  Department of Agriculture and Consumer Services shall enforce
   80  this requirement.
   81         (b) Every gasoline station shall prominently display on the
   82  front of each self-service gasoline pump a sign, decal, or
   83  sticker of at least 15 square inches printed on a blue
   84  background that clearly states:
   85         1.The telephone number for the gasoline station.
   86         2.The international symbol of accessibility (ISA).
   87         3.Wording such as “Call for Assistance” or “Assistance
   88  Available upon Request.”
   89         4.The hours that two attendants will be available to
   90  provide assistance at the gasoline station.
   91         5. The requirements of this subsection and the penalties
   92  applicable to violations of this subsection.
   93         (b) Violation of paragraph (a) is a misdemeanor of the
   94  second degree, punishable as provided in s. 775.082 or s.
   95  775.083.
   96         (6) All self-service equipment used to dispense gasoline
   97  shall be approved by a nationally recognized testing agency for
   98  its intended use.
   99         (7) The Chief Financial Officer, under her or his powers,
  100  duties, and functions as State Fire Marshal, shall adopt rules
  101  for the administration and enforcement of this section, except
  102  for subsection (5) which shall be administered and enforced by
  103  the Department of Agriculture and Consumer Services.
  104         Section 2. This act shall take effect July 1, 2013.