Florida Statute 526.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 526
SALE OF LIQUID FUELS; BRAKE FLUID

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F.S. 526.141

526.141 Self-service gasoline stations; attendants; regulations.—

(1) This section authorizes the establishment of self-service gasoline stations.

(2) A “self-service gasoline station” shall be that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.

(3) All self-service gasoline stations shall have at least one attendant on duty while the station is open to the public. The attendant’s primary function shall be the proper administration, supervision, observation, and control of the dispensing of flammable and combustible liquids used as motor fuels while such liquids are actually being dispensed. It shall be the responsibility of the attendant to prevent the dispensing of flammable and combustible liquids used as motor fuels into portable containers unless such container bears a seal of approval of a nationally recognized testing agency; to control sources of ignition; and immediately to handle accidental spills and fire extinguishers if needed. The attendant on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in this subsection.

(4)(a) The “attendant control area” is that area reserved for the placing of the attendant, which shall be not more than 100 feet from the dispensing area and shall contain the fire- equipment and emergency controls.

(b) The “dispensing area” is that area where the pumps used to dispense flammable and combustible liquids used as motor fuels are located. The dispensing area shall at all times be in clear view of the attendant, and the placing or allowing of any obstruction to vision between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with persons in the dispensing area. Emergency controls shall be installed at a location acceptable to the authority having jurisdiction, but controls shall not be more than 100 feet from dispensers. Operating instructions and warning signs shall be conspicuously posted in the dispensing area.

(5)(a) Every full-service gasoline station offering self-service at a lesser cost shall require an attendant employed by the station to dispense gasoline from the self-service portion of the station to any motor vehicle properly displaying an exemption parking permit as provided in s. 316.1958 or s. 320.0848 or a license plate issued pursuant to s. 320.084, s. 320.0842, s. 320.0843, or s. 320.0845 when the person to whom such permit has been issued is the operator of the vehicle and such service is requested. Such stations shall prominently display a decal no larger than 8 square inches on the front of all self-service pumps clearly stating the requirements of this subsection and the penalties applicable to violations of this subsection. The Department of Agriculture and Consumer Services shall enforce this requirement.

(b)1. When inspecting a self-service gasoline station, the Department of Agriculture and Consumer Services shall confirm that a decal is affixed to each pump. The decal must be blue, at least 15 square inches, and clearly display the international symbol of accessibility shown in s. 320.0842, the telephone number of the station, and the words “Call for Assistance.” The Department of Agriculture and Consumer Services shall adopt rules to implement and enforce this paragraph and shall confirm that the decals conform with this paragraph and are in place by July 1, 2016.

2. This paragraph does not bar a county or municipality from adopting an ordinance, or enforcing an existing ordinance, that expands the accessibility, safety, or availability of fueling assistance to a motor vehicle operator described in paragraph (a).

(c) Violation of paragraph (a) is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(6) All self-service equipment used to dispense gasoline shall be approved by a nationally recognized testing agency for its intended use.

(7) A refiner, terminal supplier, wholesaler, or retailer is not liable for damages resulting from the use of incompatible motor fuel dispensed at a retail site if:

(a) The incompatible fuel meets the requirements and standards adopted under s. 525.14;

(b) The incompatible fuel was selected by the purchaser; and

(c) The retail dispenser that dispensed the incompatible fuel was properly labeled according to the labeling requirements adopted under s. 525.14.

(8) The Chief Financial Officer, under her or his powers, duties, and functions as State Fire Marshal, shall adopt rules for the administration and enforcement of this section, except for subsection (5) which shall be administered and enforced by the Department of Agriculture and Consumer Services.

History.—ss. 1, 2, 3, 4, 5, 6, ch. 74-162; s. 1, ch. 80-205; s. 1, ch. 85-323; s. 1, ch. 86-117; s. 2, ch. 89-233; s. 24, ch. 90-330; s. 69, ch. 91-220; s. 719, ch. 97-103; s. 639, ch. 2003-261; s. 30, ch. 2013-251; s. 39, ch. 2014-216.

F.S. 526.141 on Google Scholar

F.S. 526.141 on Casetext

Amendments to 526.141

Arrestable Offenses / Crimes under Fla. Stat. 526.141

Level: Degree
Misdemeanor/Felony: First/Second/Third

S526.141 - PUBLIC ORDER CRIMES - SELF SERVE ATTENDANT FAIL ASSIST HANDICAPPED - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 526.141

Total Results: 9

Florida Dept. of Corrections v. Abril

Court: Fla. | Date Filed: 2007-10-18T00:00:00-07:00

Citation: 969 So. 2d 201

Snippet: station negligent per se for violating section 526.141, Florida Statutes (1997), which governs the general…that "under deJesus, violation of section 526.141[was] merely evidence of negligence, rather than

Chevron USA, Inc. v. Forbes

Court: Fla. Dist. Ct. App. | Date Filed: 2001-05-02T00:00:00-07:00

Citation: 783 So. 2d 1215

Snippet: jury instruction regarding section 526.141: Florida Statute 526.141, regarding self-service gasoline stations…instructing the jury that a violation of section 526.141, Florida Statutes (1997), is negligence per se.…violation of the unique duty imposed by section 526.141. Chevron further argued that the jury instruction…incorrectly stated that a violation of section 526.141 is negligence per se. The trial court overruled… instruction incorrectly stated that a section 526.141 violation is negligence per se. A trial court is

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-11-02T23:53:00-08:00

Snippet: signed CS/CS/SB 1270 on June 8, 1999. 2 And see, s. 526.141(5)(a), Fla. Stat., stating that every full-service

Butala v. AUTOMATED PETROLEUM AND ENERGY

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-07T00:53:00-07:00

Citation: 656 So. 2d 173

Snippet: quot; is also recognized by the legislature. § 526.141(4), Fla. Stat. (1991). [4] Thus, although lawyers

Westchester Exxon v. Valdes

Court: Fla. Dist. Ct. App. | Date Filed: 1988-03-28T23:53:00-08:00

Citation: 524 So. 2d 452

Snippet: danger, nor are they required as a matter of law. § 526.141, Fla. Stat. (1983). Valdes has cited no authority

Roberts v. Shop & Go, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-12-18T23:53:00-08:00

Citation: 502 So. 2d 915

Snippet: resulting from its failure to comply with section 526.141, Florida Statutes (1983). Assuming the pleaded … Shop & Go employees, offended section 526.141, Florida Statutes (1983). We cannot, however, join…In that circumstance, the violation of section 526.141 might warrant invocation of the negligence per …the plaintiffs have pleaded a breach of section 526.141, Florida Statutes, in the dispensing of gasoline

Walker v. Butler

Court: Fla. Dist. Ct. App. | Date Filed: 1984-12-21T00:00:00-08:00

Citation: 461 So. 2d 249, 10 Fla. L. Weekly 33, 1984 Fla. App. LEXIS 16311

Snippet: self-service island for him contrary to Section 526.141(5), Florida Statutes (1981). Appellant claimed …Butler to pump the gas for him. Unaware of Section 526.141(5), Butler refused to pump appellant’s gas. Appellant…the lower self-service price and left. Section 526.141(5) provides that every full-service gas station… agree that Butler did not comply with Section 526.141(5). However, it does not necessarily follow from…Railroad, 281 So.2d 198 (Fla.1973). Assuming Section 526.141(5) was intended, among other things, to protect

Hurd v. Munford, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-12-27T23:53:00-08:00

Citation: 378 So. 2d 86

Snippet: issues of fact to be resolved by a jury. Section 526.141, Florida Statutes (1975), requires that self-service…flammable materials is, I think, defined in Section 526.141 and requires that when gasoline is not pumped directly…warranty occurred. Even in the absence of Section 526.141, I think the provisions of Section 672.314 are …each. Appellants essentially argue that Section 526.141 is designed to protect a particular class of persons…defendant will not be liable. I consider that Section 526.141 was at most intended to protect against a particular

Griffin v. the First State Bank of Fort Meade

Court: Fla. | Date Filed: 1935-05-01T00:00:00-08:00

Citation: 161 So. 416, 119 Fla. 194, 1935 Fla. LEXIS 952

Snippet: the case of Hudson v. Bank of Waldo, 105 Fla. 526, 141 So. 750, and also in the case of Russ v. Gholson