Effective date: 10/5/2016

    (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.

Terms Used In Florida Regulations 5J-21.009

  • Statute: A law passed by a legislature.
    (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.asp?No=Ref-07329.
    (4) Within 30 days of receipt of FDACS-03577, Request for Approval of Alternative Security Measure, effective 06/16, incorporated by reference in subsection (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 subsection (3) of this rule.
    (7) No security measure affixed or installed in accordance with Florida Statutes § 525.07(10), 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 10-5-16.