Florida Statutes
Fla. Stat. § 526.141 (2025)
Self-service gasoline stations; attendants; regulations.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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).
(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.
Arrestable Offenses under F.S. 526.141
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§526.141PUBLIC ORDER CRIMESSELF SERVE ATTENDANT FAIL ASSIST HANDICAPPED
Notes of Decisions
Cited in 7
cases, 1979–2007 · leading case: Chevron USA, Inc. v. Forbes, 783 So. 2d 1215 (Fla. 4th DCA 2001).
Chevron USA, Inc. v. Forbes, 783 So. 2d 1215 (Fla. 4th DCA 2001). “In this appeal from judgment on a slip and fall verdict against the owners of a gas station, the issue is whether the trial court erred in instructing the jury that a violation of section 526.141, Florida Statutes (1997), is negligence per se.”
Florida Dept. of Corr. v. Abril, 969 So. 2d 201 (Fla. 2007). “The trial court instructed the jury that it could find the gas station negligent per se for violating section 526.141, Florida Statutes (1997), which governs the general operation of self-service gas stations.”
Roberts v. Shop & Go, Inc., 502 So. 2d 915 (Fla. 2d DCA 1986). “Based upon the foregoing facts, we are unable within the confines of well settled principles to conclude that Shop & Go was either negligent or responsible for Ferry's monstrous conduct under a claim of negligence *917 per se resulting from its failure to comply with section…”
Westchester Exxon v. Valdes, 524 So. 2d 452 (Fla. 3d DCA 1988). “§ 526.141, Fla. Stat. (1983). Valdes has cited no authority for his contention that a gas station must furnish the three features alleged in the complaint.”
Hurd v. Munford, Inc., 378 So. 2d 86 (Fla. 1st DCA 1979). “Section 526.141, Florida Statutes (1975), requires that self-service gasoline stations keep an attendant on duty during all operating hours.”
Walker v. Butler, 461 So. 2d 249 (Fla. 1st DCA 1984). “Appellant, a handicapped person, filed a three-count complaint against appellees alleging that Larry Butler, an employee of Jim Hires, doing business as South Monroe Exxon, wrongfully refused to pump gasoline from the self-service island for him contrary to Section 526.141(5),…”
Butala v. Automated Petroleum & Energy, 656 So. 2d 173 (Fla. 2d DCA 1995). “§ 526.141(4), Fla. Stat. (1991). [4] Thus, although lawyers discuss this narrow issue as the foreseeability prong of proximate causation, a jury normally weighs this issue of foreseeability in deciding "negligence" under Florida Standard Jury Instruction 4.”
— 526.141(4) — 1 case
Butala v. Automated Petroleum & Energy, 656 So. 2d 173 (Fla. 2d DCA 1995). “§ 526.141(4), Fla. Stat. (1991). [4] Thus, although lawyers discuss this narrow issue as the foreseeability prong of proximate causation, a jury normally weighs this issue of foreseeability in deciding "negligence" under Florida Standard Jury Instruction 4.”
— 526.141(5) — 2 cases
Chevron USA, Inc. v. Forbes, 783 So. 2d 1215 (Fla. 4th DCA 2001). “In this appeal from judgment on a slip and fall verdict against the owners of a gas station, the issue is whether the trial court erred in instructing the jury that a violation of section 526.141, Florida Statutes (1997), is negligence per se.”
Walker v. Butler, 461 So. 2d 249 (Fla. 1st DCA 1984). “Appellant, a handicapped person, filed a three-count complaint against appellees alleging that Larry Butler, an employee of Jim Hires, doing business as South Monroe Exxon, wrongfully refused to pump gasoline from the self-service island for him contrary to Section 526.141(5),…”
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