Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 912
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/25/2016           .                                

       The Committee on Criminal Justice (Bradley) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 43 - 71
    4  and insert:
    5         Section 2. Subsections (3) and (4) of section 525.07,
    6  Florida Statutes, are amended, and subsection (10) is added to
    7  that section, to read:
    8         525.07 Powers and duties of department; inspections;
    9  unlawful acts.—
   10         (3) Each person who owns or manages All persons who own or
   11  operate a petroleum fuel measuring device shall be responsible
   12  for ensuring accurate measure by the device within the
   13  tolerances defined by the rule. An appropriate security seal
   14  shall be placed on all measuring devices found to be giving
   15  accurate measure within the tolerances defined by the department
   16  in such a way that the metering adjustment cannot be changed
   17  without breaking the seal.
   18         (4) A Any measuring device that is found to be operating
   19  outside the tolerances defined by the department shall be deemed
   20  inaccurate and the department, at its discretion, shall either:
   21         (a) Give, in writing, the operator or owner or manager of
   22  the measuring device a reasonable time to repair the measuring
   23  device; or
   24         (b) Condemn or prohibit the further use of the measuring
   25  device by using an appropriate security seal to obstruct the
   26  mechanism so that it cannot be operated without breaking the
   27  seal. The measuring device shall not be operated in this state
   28  again without the written consent of the department.
   29         (10)(a)Each person who owns or manages a retail petroleum
   30  fuel measuring device shall have affixed to or installed onto
   31  the measuring device a security measure to restrict the
   32  unauthorized access of customer payment card information. The
   33  security measure must include one or more of the following:
   34         1.The placement of pressure-sensitive security tape over
   35  the panel opening that leads to the scanning device for the
   36  retail petroleum fuel measuring device in a manner that will
   37  restrict the unauthorized opening of the panel.
   38         2.A device or system that will render the retail petroleum
   39  fuel measuring device or the scanning device in the measuring
   40  device inoperable if there is an unauthorized opening of the
   41  panel.
   42         3.A device or system that encrypts the customer payment
   43  card information in the scanning device.
   44         4.Another security measure approved by the department.
   45         (b)The owner or manager of a retail petroleum fuel
   46  measuring device without a security measure or with an altered
   47  or damaged security measure, upon written notice from the
   48  department of such noncompliance, shall have 5 calendar days to
   49  comply with this subsection. After the fifth day of
   50  noncompliance, the department may prohibit further use of the
   51  retail petroleum fuel measuring device until a security measure
   52  is installed, replaced, or repaired. A repeat violation found on
   53  the same retail petroleum fuel measuring device will be cause
   54  for the department to immediately take the measuring device out
   55  of service.
   56         (c)For purposes of this subsection, the terms “scanning
   57  device” and “payment card” have the same meanings as defined in
   58  s. 817.625.
   59         (d)This subsection applies only to retail petroleum fuel
   60  measuring devices that have a scanning device.
   62  ================= T I T L E  A M E N D M E N T ================
   63  And the title is amended as follows:
   64         Delete line 5
   65  and insert:
   66         conveyance of fuel; amending s. 525.07, F.S.;
   67         specifying requirements for managers of petroleum fuel
   68         measuring devices with respect to accurate
   69         measurement; requiring