Florida Senate - 2016                                    SB 1148
       By Senator Montford
       3-01222-16                                            20161148__
    1                        A bill to be entitled                      
    2         An act relating to self-service gasoline stations;
    3         amending s. 526.141, F.S.; requiring that retail self
    4         service gasoline station pumps have printers in
    5         working order and capable of producing receipts;
    6         requiring that pumps without functioning printers be
    7         taken out of service; requiring the Department of
    8         Agriculture and Consumer Services to inspect pumps for
    9         functioning printers; requiring the department to
   10         adopt rules by a specified date; amending s. 320.0848,
   11         F.S.; conforming a cross-reference; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Section 526.141, Florida Statutes, is amended to
   17  read:
   18         526.141 Self-service gasoline stations; attendants, pumps,
   19  and; regulations.—
   20         (1) This section authorizes the establishment of self
   21  service gasoline stations.
   22         (2) A “self-service gasoline station” shall be that portion
   23  of property where flammable and combustible liquids used as
   24  motor fuels are stored and subsequently dispensed from fixed,
   25  approved dispensing equipment into the fuel tanks of motor
   26  vehicles by persons other than the service station attendant.
   27         (3) All self-service gasoline stations shall have at least
   28  one attendant on duty while the station is open to the public.
   29  The attendant’s primary function is shall be the proper
   30  administration, supervision, observation, and control of the
   31  dispensing of flammable and combustible liquids used as motor
   32  fuels while such liquids are actually being dispensed. It shall
   33  be the responsibility of the attendant to prevent the dispensing
   34  of flammable and combustible liquids used as motor fuels into
   35  portable containers unless such container bears a seal of
   36  approval of a nationally recognized testing agency; to control
   37  sources of ignition; and immediately to handle accidental spills
   38  and fire extinguishers if needed. The attendant on duty shall be
   39  mentally and physically capable of performing the functions and
   40  assuming the responsibility prescribed in this subsection.
   41         (4) All pumps in retail outlet self-service gasoline
   42  stations must have printers that are in good working order and
   43  capable of producing receipts. A pump not capable of producing a
   44  receipt for any reason, including mechanical problems, lack of
   45  paper or ink, or intentional disabling of the printing device,
   46  shall be taken out of service until the printer is repaired or
   47  refilled, as necessary.
   48         (5)(4)(a) The “attendant control area” is that area
   49  reserved for the placing of the attendant. The attendant control
   50  area, which shall be not more than 100 feet from the dispensing
   51  area and shall contain the fire- equipment and emergency
   52  controls.
   53         (b) The “dispensing area” is that area where the pumps used
   54  to dispense flammable and combustible liquids used as motor
   55  fuels are located. The dispensing area shall at all times be in
   56  clear view of the attendant, and the placing or allowing of any
   57  obstruction to vision between the dispensing area and the
   58  attendant control area is shall be prohibited. The attendant
   59  shall at all times be able to communicate with persons in the
   60  dispensing area. Emergency controls shall be installed at a
   61  location acceptable to the authority having jurisdiction, but
   62  controls shall not be more than 100 feet from dispensers.
   63  Operating instructions and warning signs shall be conspicuously
   64  posted in the dispensing area.
   65         (6)(5)(a) Every full-service gasoline station offering
   66  self-service at a lesser cost shall require an attendant
   67  employed by the station to dispense gasoline from the self
   68  service portion of the station to any motor vehicle properly
   69  displaying an exemption parking permit as provided in s.
   70  316.1958 or s. 320.0848 or a license plate issued pursuant to s.
   71  320.084, s. 320.0842, s. 320.0843, or s. 320.0845 when the
   72  person to whom such permit has been issued is the operator of
   73  the vehicle and such service is requested. Such stations shall
   74  prominently display a decal no larger than 8 square inches on
   75  the front of all self-service pumps clearly stating the
   76  requirements of this subsection and the penalties applicable to
   77  violations of this subsection. The Department of Agriculture and
   78  Consumer Services shall enforce this requirement.
   79         (b)1. When inspecting a self-service gasoline station, the
   80  Department of Agriculture and Consumer Services shall confirm
   81  that a decal is affixed to each pump. The decal must be blue, at
   82  least 15 square inches, and clearly display the international
   83  symbol of accessibility shown in s. 320.0842, the telephone
   84  number of the station, and the words “Call for Assistance.” The
   85  Department of Agriculture and Consumer Services shall adopt
   86  rules to implement and enforce this paragraph and shall confirm
   87  that the decals conform with this paragraph and are in place by
   88  July 1, 2016.
   89         2. This paragraph does not bar a county or municipality
   90  from adopting an ordinance, or enforcing an existing ordinance,
   91  that expands the accessibility, safety, or availability of
   92  fueling assistance to a motor vehicle operator described in
   93  paragraph (a).
   94         (c) Violation of paragraph (a) is a misdemeanor of the
   95  second degree, punishable as provided in s. 775.082 or s.
   96  775.083.
   97         (7)(a)(6) All self-service equipment used to dispense
   98  gasoline shall be approved by a nationally recognized testing
   99  agency for its intended use.
  100         (b) When inspecting a retail outlet with a self-service
  101  gasoline station, the Department of Agriculture and Consumer
  102  Services shall confirm that all pumps at the self-service
  103  gasoline station are in compliance with the requirements of
  104  subsection (4).
  105         (c) The department shall adopt rules for the implementation
  106  and enforcement of subsection (4) and this subsection by July 1,
  107  2017.
  108         (8)(7) A refiner, terminal supplier, wholesaler, or
  109  retailer is not liable for damages resulting from the use of
  110  incompatible motor fuel dispensed at a retail site if:
  111         (a) The incompatible fuel meets the requirements and
  112  standards adopted under s. 525.14;
  113         (b) The incompatible fuel was selected by the purchaser;
  114  and
  115         (c) The retail dispenser that dispensed the incompatible
  116  fuel was properly labeled according to the labeling requirements
  117  adopted under s. 525.14.
  118         (9)(8) The Chief Financial Officer, under her or his
  119  powers, duties, and functions as State Fire Marshal, shall adopt
  120  rules for the administration and enforcement of this section,
  121  except for subsections (4), (6), and (7) subsection (5) which
  122  shall be administered and enforced by the Department of
  123  Agriculture and Consumer Services.
  124         Section 2. Paragraph (b) of subsection (2) of section
  125  320.0848, Florida Statutes, is amended to read:
  126         320.0848 Persons who have disabilities; issuance of
  127  disabled parking permits; temporary permits; permits for certain
  128  providers of transportation services to persons who have
  129  disabilities.—
  132         (b) License plates issued under ss. 320.084, 320.0842,
  133  320.0843, and 320.0845 are valid for the same parking privileges
  134  and other privileges provided under ss. 316.1955, 316.1964, and
  135  526.141(6)(a) 526.141(5)(a).
  136         Section 3. This act shall take effect July 1, 2016.