§ 10.5-6. Gasoline theft.

(1)

Definitions. As used in this section, the following terms shall be defined and applied as follows:

(a)

Establishment means service station, convenience store, grocery store, truck stop or other commercial enterprise providing retail gasoline to the public.

(b)

Gasoline means gasoline, gasohol, diesel fuel or any other liquid fuel dispensed from a pump as fuel for motor vehicles.

(c)

Prepay or prepayment means to make or tender, by cash, check, credit card or debit card, payment to the establishment prior to pumping gasoline into a motor vehicle or container.

(2)

Sign requirement. Every self-service gasoline pump at which the customer pumps his/her own gas shall display a sign, written in English and Spanish and easily read and understood by a person of average intelligence that advises the customer that prepayment is required for the purchase of gasoline, and which may cite this section by number.

(3)

Prepayment requirement. Gasoline shall be dispensed from self-service gasoline pumps only upon the establishment's receipt of prepayment for the gasoline to be pumped.

(4)

Assistance to the physically disabled. Every establishment shall comply with the requirements of Section 526.141(5)(a), Florida Statutes, in regards to rendering assistance to physically disabled customers.

(5)

Reporting of "drive-off" thefts of gasoline. Reports of drive-off thefts of gasoline by any establishment, or the agent of any establishment, shall be made to the Polk County sheriff's office. The person making the report shall provide all evidence (video, license plate number, etc.) relating to the theft. In addition, the person making the report shall sign a statement that the establishment will follow through with prosecution if charges are filed.

(6)

Penalties. Pursuant to Section 125.69, Florida Statutes, a person who violates any provision of this section shall be subject to prosecution in the name of the state in the same manner as misdemeanors are prosecuted; and, upon conviction, such person shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment. The Polk County sheriff's office shall have the discretion of enforcing violations of this section with a written warning on a form developed and approved by the Polk County sheriff's office.

(7)

Enforcement area. This section shall be effective and enforced throughout the unincorporated areas of Polk County.

(Ord. No. 06-044, § 1—7, 8-23-06)