Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.006 - Weighing and Measuring Device Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) No
				owner or person in possession of any weighing or measuring device shall use or
				operate the device for commercial purposes without first obtaining a
				permit.
(2) Each permit shall be
				conspicuously displayed at the location for which it is issued. Permits shall
				be issued by the department upon receipt of payment in full and approval of a
				completed form FDACS-03560, Weighing and Measuring Device Permit Application,
				Rev. 06/23, identifying the specific number and type of weighing and measuring
				devices that will be used for commercial purposes. The document referenced in
				this subsection is hereby adopted and incorporated by reference and can be
				accessed at
http://www.flrules.org/Gateway/reference.asp?No=Ref-15475
.
(3) Except for permits for additional devices
				placed into service at a location with an existing permit, which will be
				prorated on a quarterly basis as prescribed in subsection (6), permits shall be
				valid for one or two years from the date of issuance based on the time period
				selected by the applicant. Fees paid for permits are not refundable.
(4) Fees.
(a) One permit shall be issued to each
				location for all weighing and measuring devices used for commercial purposes at
				that location based on the total number, type, size and/or capacity of devices.
				The permit shall expire one or two years following the date of issuance based
				on the time period selected by the applicant and must be renewed consecutively
				so long as any of the devices remain in use for commercial purposes at that
				location. The permit renewal fee shall be the same as the fees established in
				this subsection.
(b) If the
				ownership of a permitted device(s) changes, the current permit for that
				device(s) shall remain in effect until its original expiration date and shall
				be transferred by the department to the new owner if:
1. The device(s) for which the permit was
				issued remained at the same location after the ownership change; and,
2. The new owner, or a
				representative of the new owner, notifies the department in writing of the
				change in ownership within 30 days of the change in ownership. Notification can
				be made by mail to the Florida Department of Agriculture and Consumer Services,
				Division of Consumer Services, Bureau of Compliance, 2500 Apalachee Parkway,
				Tallahassee, Florida 32399, or by facsimile at
				(850)410-3804.
(c) If the
				ownership and location of a permitted device(s) change, the current permit for
				that device(s) automatically expires and a new permit application and fee must
				be submitted to the department after which a new permit shall be issued, which
				will expire one or two years from the date of issuance of the new permit, based
				on the time period selected by the applicant. However, if the location of a
				permitted device(s) changes without a change in ownership, the current permit
				for that device(s) shall be transferred to the new location upon notification
				to the department by the owner. The owner shall notify the department in
				writing within 30 days from the date of the change to the Florida Department of
				Agriculture and Consumer Services, Division of Consumer Services, Bureau of
				Compliance, 2500 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile
				at (850)410-3804.
(d) If the owner
				ceases to use all commercial weighing and measuring devices, the department
				must be notified within 30 days indicating that the devices are no longer in
				use and the permit should be terminated.
(e) The failure of an owner to notify the
				department of a change as prescribed in paragraphs (b) and (c), above, shall
				immediately void the permit and require full application and fees and will
				result in the imposition of penalties pursuant to Rule
				5J-22.007, F.A.C.
(f) The following annual commercial use
				permit fees for weighing devices are based on the manufacturers' rated capacity
				or the device's design and intended use:
1.
				For weighing devices used during any portion of the period covered by the
				commercial use permit with a manufacturer's rated capacity of up to and
				including 100 pounds or the metric equivalent, the fees in Table 1 will apply:
Table 1
Number of Devices per Single Category
Annual Fee per Single Retail Establishment
1 to 5
$45
6 to 10
$130
11 to 30
$185
31 or more
$235
2.
				For weighing devices with a manufacturer's rated capacity of greater than 100
				pounds up to and including 250 pounds or the metric equivalent, the annual
				permit fee shall be $45 per device.
3. For weighing devices with a manufacturer's
				rated capacity of greater than 250 pounds up to and including 5, 000 pounds or
				the metric equivalent, the annual permit fee shall be $80 per device.
4. For weighing devices with a manufacturer's
				rated capacity of greater than 5, 000 pounds up to and including 20, 000 pounds
				or the metric equivalent, the annual permit fee shall be $175 per
				device.
5. For weighing devices
				with a manufacturer's rated capacity of greater than 20, 000 pounds or the
				metric equivalent, the annual permit fee shall be $225 per device.
6. For wheel load weighing devices the annual
				permit fee shall be $15 per device.
7. For static and in-motion railroad track
				scales used to weigh railway cars that are not tested for accuracy and
				compliance with state standards by a private testing agency, the annual permit
				fee shall be $200 per device.
8.
				For belt conveyor scales, the annual permit fee shall be $400 per
				device.
(g) The following
				commercial use permit fees shall apply for the measuring devices listed below:
1. For mass flow meters with a maximum flow
				rate of up to and including 150 pounds per minute or the metric equivalent, the
				annual permit fee shall be $100 per device. This includes all mass flow meters
				used to dispense compressed and liquefied natural gas for retail
				sale.
2. For mass flow meters with
				a maximum flow rate of greater than 150 pounds per minute or the metric
				equivalent, the annual permit fee shall be $250 per device.
3. For volumetric flow meters with a maximum
				flow rate of up to and including 10 gallons per minute or the metric
				equivalent, the fees in Table 2 will apply:
Table 2
Number of Devices per Single Category
Annual Fee per Single Retail Establishment
1 to 5
$40
6 to 10
$125
11 to 30
$175
31 or more
$225
4.
				For volumetric flow meters with a maximum flow rate of greater than 10 and up
				to and including 20 gallons per minute or the metric equivalent, the annual
				permit fee shall be $40 per device. This includes all devices used to dispense
				diesel exhaust fluid for retail sale.
5. For volumetric flow meters with a maximum
				flow rate of greater than 20 gallons per minute or the metric equivalent, the
				annual permit fee shall be $80 per device.
6. For tanks used as measures with capacities
				of less than 500 gallons or the metric equivalent, with or without gauge rods
				or markers, the annual permit fee shall be $100 per device.
7. For tanks used as measures with capacities
				500 gallons or greater or the metric equivalent, with or without gauge rods or
				markers, the annual permit fee shall be $200 per device.
8. For multiple dimension measuring devices,
				the annual permit fee shall be $100 per device.
9. For LP gas bulk delivery vehicles with a
				meter owned or leased by a LP gas licensee, the annual permit fee shall be
				$150.