Fla. Admin. Code Ann. R. 5J-21.009 - Security Measures for Petroleum Fuel Measuring Devices

(1) As used in Section 525.07(10)(a) 1., F.S., "pressure-sensitive security tape" means tape that is irreversibly broken, destroyed, or watermarked as voided if removed or attempted to be removed after application. Pressure-sensitive security tape does not include tape that is capable of being reused after its initial application.

(2) As used in Section 525.07(10)(a) 4., F.S., "physical locking mechanism" means a uniquely marked high security lock such as a disc type padlock, a high security bezel lock, or a padlock that has a hardened shackle and shackle guard and for which documentation is presented showing that it has been independently tested and found to meet or exceed Central European Norm (CEN) 4.

(3) Each person who owns or operates a retail petroleum fuel measuring device shall have affixed to or installed onto the measuring device at least two security measure to restrict the unauthorized access of customer payment card information. Pursuant to Section 525.07(10)(a)8., F.S., the department shall consider proposed security measures not explicitly authorized by statute and shall approve those found to be at least as restrictive as any one of the security measures listed in Section 525.07(10)(a), F.S.

(4) Each person who owns or operates a retail petroleum fuel measuring device and who wishes to use a security measure not listed in Section 525.07(10)(a), F.S., shall submit FDACS-03577, Request for Approval of Alternative Security Measure, Rev. 12/21, hereby incorporated by reference. A copy of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-13981.

(5) Within 30 days of receipt of FDACS-03577, Request for Approval of Alternative Security Measure, Rev. 12/21, incorporated by reference in subsection (4) of this rule, the department shall provide written notification to the owner or manager whose contact information appears on the request that the request has been granted or denied, or that the request does not provide enough information. If the request does not provide enough information for the department to determine whether the proposed security measure should be approved, the department shall notify the owner or manager whose contact information appears on the request that additional information is required. Failure to provide additional information within 30 days of notification shall result in the denial of the request for approval.

(6) In determining whether a proposed alternative security measure restricts unauthorized access of customer payment card information, the department will consider the following:

(a) The physical, technological, and/or data security provided by the proposed security measure;

(b) The ease with which the proposed security measure can be breached;

(c) The means by which the proposed security measure can be verified by a department inspector;

(d) The expected level of maintenance required to maintain the effectiveness of the proposed security measure; and,

(e) The onsite and/or remote maintenance plan that will be used to ensure the proposed security measure has not been breached.

(7) The department's approval of an alternative security measure applies only to those locations indicated in the approved request submitted by an owner or operator. An approved alternative security measure that fails to restrict the unauthorized access of customer payment card information shall be revoked in accordance with Section 120.60, F.S. If an owner or operator wishes to use an identical, department-approved alternative security measure at additional locations, the original request for approval may be supplemented by providing the information required by sections 1.-4. of FDACS-03577, Request for Approval of Alternative Security Measure, Rev. 12/21, incorporated by reference in subsection (4) of this rule.

(8) No security measure affixed or installed in accordance with Section 525.07(10), F.S., or this rule shall obstruct the department's access to the measuring device for inspection purposes.

(9) If any petroleum fuel measuring device is found without the security measures required by Section 525.07(10), F.S., or with an illegal skimming or filtering device or an altered or damaged security measure, the device shall be placed out of service by the department through the issuance of a Stop Use Order, and prohibited from further use until documentation confirming the installation, replacement, or repair of the security measure(s) is received by the department and a Release is issued.

Notes

Fla. Admin. Code Ann. R. 5J-21.009

Rulemaking Authority 525.07 (10)(g), 525.14, 570.07(23) FS. Law Implemented 525.07, 525.08, 570.07(16)(h) FS.

Adopted by Florida Register Volume 42, Number 183, September 20, 2016 effective 10/5/2016, Amended by Florida Register Volume 48, Number 026, February 8, 2022 effective 2/20/2022.

New 10-5-16, Amended 2-20-22.