Powers and duties of department; inspections; unlawful acts.

(1)(a) The department shall inspect all measuring devices used in selling or distributing petroleum fuel at wholesale and retail.

(b) The department may affix a sticker to each petroleum measuring device. Using only a combination of lettering, numbering, words, or the department logo, the sticker must signify that the device has been inspected by the department and that the device owner is responsible for its proper use and maintenance. Any sticker which has been affixed to a petroleum measuring device by the department which does not meet the specifications of this paragraph must be removed by September 15, 2020. This paragraph expires July 1, 2021.

(2) The department shall define, by rule, the tolerances to be allowed, in excess or deficiency, on all measuring devices.

(3) Each person who owns or manages a petroleum fuel measuring device shall be responsible for ensuring accurate measure by the device within the tolerances defined by the rule. An appropriate security seal shall be placed on all measuring devices found to be giving accurate measure within the tolerances defined by the department in such a way that the metering adjustment cannot be changed without breaking the seal.

(4) A measuring device that is found to be operating outside the tolerances defined by the department shall be deemed inaccurate and the department, at its discretion, shall either:

(a) Give, in writing, the owner or manager of the measuring device a reasonable time to repair the measuring device; or

(b) Condemn or prohibit the further use of the measuring device by using an appropriate security seal to obstruct the mechanism so that it cannot be operated without breaking the seal. The measuring device shall not be operated in this state again without the written consent of the department.

(5) It shall be unlawful for any person to operate any measuring device that has been condemned or prohibited from further use by the department, without the written consent of the department.

(6) It shall be unlawful for any person to install or operate a petroleum fuel measuring device in this state which gives short measure.

(7) It is unlawful for any person to break, cut, or remove any seal applied by the department to a petroleum fuel measuring device or container. If it becomes necessary to repair and adjust a petroleum fuel measuring device during the absence of an inspector of the department, the seal on the meter adjustment may be broken by a person who is registered with the department as a meter mechanic. After repairs and adjustments have been made, the adjusting mechanism must immediately be resealed by the registered meter mechanic with a seal clasp bearing at least the name or initials of the registered mechanic. The registered mechanic shall immediately notify the department of this action.

(8)(a) All persons and service agencies that repair or install petroleum fuel measuring devices must register with the department on forms provided by the department. Any registered person or agency that has installed a petroleum fuel measuring device must report the existence of the petroleum fuel measuring device to the department.

(b) If a vendor has a petroleum fuel measuring device installed by any person or agency that is not registered by the department, that owner must report the existence of the newly installed petroleum fuel measuring device to the department.

(9) All persons and service agencies that adjust the accuracy of a petroleum fuel measuring device must use test measures that have been calibrated with standards traceable to the National Institute of Standards and Technology within 1 year prior to the date of the adjustment for volumes of less than 500 gallons and within 3 years before the date of the adjustment for volumes of 500 gallons or more.

(10)(a) Each person who owns or operates a retail petroleum fuel measuring device shall have affixed to or installed onto the measuring device a security measure to restrict the unauthorized access of 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.

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. 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) 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 this subsection out of service until compliance is restored.

(d) For purposes of this subsection, the terms “scanning device” and “payment card” have the same meanings as in s. 817.625.

(e) This subsection applies only to retail petroleum fuel measuring devices that have a scanning device.

(f) The department may seize without warrant any skimming device, as defined in s. 817.625, for use as evidence.

(g) The regulation of retail petroleum fuel measuring devices is preempted to the state. The department shall enforce, and may adopt rules to administer, this subsection; however, s. 525.16 may not be used to enforce this section unless the owner or operator of a retail petroleum fuel measuring device has failed to install or implement security measures pursuant to this section or has placed the measuring device back in service before compliance with this section has been restored. However, if noncompliance is the result of damage or alteration after repair by the owner or operator of the security measure, and the owner or operator demonstrates or provides sufficient evidence of such, the department may not use s. 525.16 to enforce this section.