Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.009 - Security Measures for Petroleum Fuel Measuring Devices

Current through Reg. 50, No. 138; July 16, 2024
(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.