The purpose of this proposed rule is to establish an approval process for businesses electing to use a petroleum fuel measuring device security measure not specified in Section 525.07(10), F.S.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-21.009Security Measures for Petroleum Fuel Measuring Devices

PURPOSE AND EFFECT: The purpose of this proposed rule is to establish an approval process for businesses electing to use a petroleum fuel measuring device security measure not specified in Section 525.07(10), F.S.

SUMMARY: This proposed rule will specify how a business may request approval for a petroleum fuel measuring device security measure not specified in Section 525.07(10), F.S. Businesses will not be required to apply for approval through this rule rather it will only apply if a business elects to use an alternate security device not listed in statute.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), F.S. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 525.07(10)(e), 525.14, 570.07(23) FS.

LAW IMPLEMENTED: 525.07, 525.08, 570.07(16)(h) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Assistant Director, Division of Consumer Services, 2005 Apalachee Pkwy., Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5J-21.009 Security Measures for Petroleum Fuel Measuring Devices.

(1) As used in section 525.07(10)(a), 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) Each person who owns or manages 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. Pursuant to section 525.07(10)(a)4., 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.

(3) Each person who owns or manages 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, effective 06/16, hereby incorporated by reference.  A copy of this form may be accessed at http://www.flrules.org/Gateway/reference.

(4) Within 30 days of receipt of FDACS-03577, Request for Approval of Alternative Security Measure, effective 06/16, incorporated by reference in (3) 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.

(5) 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.

(6) The department’s approval of an alternative security measure applies only to those locations indicated in the approved request submitted by an owner or manager. If an owner or manager 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, effective 06/16, incorporated by reference in (3) of this rule.

(7) 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.

Rulemaking Authority 525.07(10)(e), 525.14, 570.07(23) FS. Law Implemented 525.07, 525.08, 570.07(16)(h) FS. History-New            .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew Curran, Ph.D., Assistant Director of Consumer Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 10, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2016