reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VI - EXAMINATIONS, TRAINING AND CONTINUING EDUCATION › Section 5J-20.064 - Renewal of Qualifier and Master Qualifier Certificates

Current through Reg. 50, No. 138; July 16, 2024
In order to renew their qualification, all Qualifiers and
					 Master Qualifiers shall submit a renewal fee, registration application and
					 documentation of a minimum of 16 continuing education hours using FDACS-03584,
					 LP Gas Qualifier and Master Qualifier Registration Application, 05/19, as
					 incorporated by reference in Rule
					 5J-20.004,
					 F.A.C.
Rulemaking Authority 527.0201, 527.055, 527.06 FS. Law
						Implemented 527.0201, 527.055, 527.06
						FS.
New 1-15-02, Amended 7-28-14, Formerly
						5F-11.064, Amended
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VI - EXAMINATIONS, TRAINING AND CONTINUING EDUCATION › Section 5J-20.065 - Re-examination Procedures

Current through Reg. 50, No. 138; July 16, 2024
An applicant who fails any part of an examination is
					 eligible to be re-examined on those parts failed. The applicant must submit
					 FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application,
					 05/19, as incorporated by reference in Rule
					 5J-20.004, F.A.C., and the
					 applicable non-refundable examination fee as set forth in either Sections
					 527.0201(1) or
					 527.0201(5)(a),
					 F.S., for the type of examination being taken. Re-examinations must be
					 completed within 90 calendar days of the original examination; however, no
					 examinee is permitted to retake the failed examination more than two times
					 within the 90-day period. If the applicant does not successfully complete and
					 obtain a passing grade on the examination re-take within the 90-day period, the
					 examinee shall be given a failing grade. After a 30-day period, the applicant
					 must reapply to retake the entire examination.
Rulemaking Authority 527.055, 527.06 FS. Law Implemented
						527.0201, 527.055, 527.06 FS.
New 1-15-02, Amended 7-28-14, Formerly
						5F-11.065, Amended 6-27-18,
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VI - EXAMINATIONS, TRAINING AND CONTINUING EDUCATION › Section 5J-20.066 - Reporting of Qualifier and Master Qualifier Vacancies

Current through Reg. 50, No. 138; July 16, 2024
For purposes of Section
					 527.0201(6),
					 F.S., vacancies in a Qualifier or Master Qualifier position resulting from the
					 departure of the Qualifier or Master Qualifier shall be reported to the
					 department in writing by the Qualifier or Master Qualifier and the licensed
					 company no later than two working days following the day on which the Qualifier
					 or Master Qualifier departed from, or was no longer working at or associated
					 with, the licensed business location. Such notice shall be submitted to the
					 Division of Consumer Services by mail to the Department of Agriculture and
					 Consumer Services, 2005 Apalachee Parkway, Mail Stop R-2, Tallahassee, Florida
					 32399-6500, by email at CSCompliance@FDACS.gov, or by facsimile transmission at
					 the following fax number: (850)410-3804. Qualifiers and Master Qualifiers
					 transferring to another licensed business location shall notify the Division of
					 Consumer Services of the transfer by submitting FDACS-03585, LP Gas Material
					 Change and Duplicate Licenses Form, 05/19, as incorporated by reference in Rule
					 5J-20.004,
					 F.A.C.
Rulemaking Authority 527.06 FS. Law Implemented
						527.0201(6), 527.055, 527.06 FS.
New 7-28-14, Formerly
						5F-11.066, Amended 6-27-18,
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.070 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of this part, the following definitions
					 shall apply:
(1) Owner of propane at
				  the time of import means the person holding legal title to odorized gas at the
				  time of its import into the State of Florida.
(2) Owner of propane immediately prior to
				  odorization means the person holding legal title to the propane before odorant
				  has been added.
(3) Fiscal year
				  shall be defined as the period beginning July 1 of each year and ending June 30
				  of the following year.
(4) Quarter
				  as used in this part, shall mean one of four 3-month periods during the fiscal
				  year, each ending on one of the following dates: September 30, December 31,
				  March 31, and June 30.
Rulemaking Authority 527.23(13) FS. Law Implemented
						527.23 FS.
New 7-8-98, Formerly
						5F-11.070.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.071 - Rate of Assessments; Effective Date

Current through Reg. 50, No. 138; July 16, 2024
(1) There is hereby assessed to every
				  producer or retail marketer engaged in the production or sale of propane gas in
				  this state the amount of $.003 per gallon of odorized gas sold in Florida for
				  consumption in Florida; and $.003 per gallon of odorized gas imported into the
				  state for consumption in the state.
(2) The rate set forth above, shall take
				  effect at the beginning of the first full quarter immediately following
				  adoption of the rule fixing this amount and shall apply to all odorized propane
				  gas subject to the assessment sold during that quarter and thereafter until
				  changed.
Rulemaking Authority 527.23(13) FS. Law Implemented
						527.23(9), (11), (12) FS.
New 7-8-98, Amended 1-1-14, Formerly
						5F-11.071, Amended
						6-27-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.072 - Payment of Assessments

Current through Reg. 50, No. 138; July 16, 2024
(1) Payment of the
				  quarterly assessment shall be based on the odorized gallonage sold or imported
				  into Florida during the quarter. Each producer or marketer shall certify to the
				  department the volume of each load of propane gas sold or imported at the end
				  of each quarter. The volume of propane gas sold for export outside the state
				  shall also be certified to the department for audit purposes only. The amount
				  of the quarterly assessment to be paid and certification of load volume shall
				  be provided on FDACS-03524, LP Gas Odorizers/Importers Quarterly Remittance
				  Report, Rev. 10/18, as incorporated by reference in Rule
				  5J-20.004, F.A.C.
(2) Assessment payments and the completed LP
				  Gas Odorizers/Importers Quarterly Remittance Report must be received by the
				  department no later than 45 calendar days after the end of each
				  quarter.
(3) Failure to remit
				  payment is a violation of Chapter 527, F.S., and subject to penalties provided
				  therein in addition to payment of the assessment.
Rulemaking Authority 527.23(13) FS. Law Implemented
						527.12, 527.13, 527.23(9), (12) FS.
New 7-8-98, Amended 1-1-14, Formerly
						5F-11.072, Amended 6-27-18,
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.073 - Payment Agreements; Purchaser Responsibilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 527.23(13) FS. Law Implemented
						527.23(12) FS.
New 7-8-98, Formerly
						5F-11.073, Repealed
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.074 - Audits

Current through Reg. 50, No. 138; July 16, 2024
(1) The department may initiate random audits
				  of sales or purchase records of any person, firm, or corporation for the
				  purposes of determining compliance with this chapter. The person, firm or
				  corporation shall make available all papers, books, accounts, documents and
				  other business records necessary to sufficiently document gallonage certified
				  to the department.
(2) Fraudulent
				  reporting of information is a violation of Chapter 527, F.S., and subject to
				  penalties provided therein in addition to payment of the assessments
				  due.
Rulemaking Authority 527.23(13) FS. Law Implemented
						527.055(3) FS.
New 7-8-98, Formerly
						5F-11.074.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.078 - Inspection Identification Stickers

Current through Reg. 50, No. 138; July 16, 2024
The department shall affix a decal to any container,
					 storage unit, liquefied petroleum gas system, or liquefied petroleum gas
					 equipment or device to indicate that it has been inspected pursuant to Section
					 527.061, F.S. The decal shall be
					 affixed in a manner that ensures it can be easily read by the public, but shall
					 not obstruct other information on the inspected item intended to provide
					 important information to the public, such as the owner's contact information or
					 information regarding propane safety. Decals shall only be removed, replaced,
					 or altered by department personnel.
Rulemaking Authority 527.06 FS. Law Implemented 527.06,
						527.061, 527.12, 527.13, 527.14 FS.
New 7-28-14, Formerly
						5F-11.078, Amended
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.080 - Enforcement Actions and Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				  department will follow in imposing the penalties and enforcement actions
				  authorized under Sections
				  527.13 and
				  527.14, F.S. The purpose of the
				  guidelines is to give notice of the range of penalties which will be imposed
				  for a single violation within a three (3) year period. The three-year period
				  shall be based on the date of the last enforcement action or administrative
				  penalty imposed for the same violation. These guidelines list aggravating and
				  mitigating factors that, if present, will reduce or increase penalties to be
				  imposed. The guidelines in this rule chapter are based upon a single count
				  violation of each provision listed. Multiple counts of the violated provision
				  or a combination of the listed violations will be added together to determine
				  an overall total penalty and will be grounds for enhancement of
				  penalties.
(2) The department will
				  enforce compliance with Chapter 527, F.S., and this rule chapter by issuing an
				  administrative complaint, notice of noncompliance, a stop use order, and/or a
				  cease and desist order.
(3) Stop
				  Use Orders. The department shall issue a FDACS-10988, Stop Use Order, Rev.
				  02/17, as incorporated by reference in Rule
				  5J-22.002, F.A.C., whenever
				  necessary to effectuate the statutory duties of the department in the interests
				  of public health, safety, and welfare and to promote public safety where the
				  installation, operation, maintenance, or condition of a liquefied petroleum gas
				  container or system, including a cylinder storage unit, fails to comply with
				  the codes adopted in Rule
				  5J-20.002, F.A.C., or with any
				  provision of Chapter 527, F.S., or this rule chapter.
(4) Rule Not All-Inclusive. This rule
				  contains illustrative violations. It does not, and is not intended to encompass
				  all possible violations of statute or department rule that might be committed
				  by any person. The absence of any violation from this rule chapter shall in no
				  way be construed to indicate that the violation does not cause harm to the
				  public or is not subject to a penalty. In any instance where the violation is
				  not listed in this rule chapter, the penalty will be determined by
				  consideration of:
(a) The closest analogous
				  violation, if any, that is listed in this rule chapter; and
(b) The mitigating or aggravating factors
				  listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-20 - LIQUEFIED PETROLEUM GAS INSPECTION › Part VII - FLORIDA PROPANE GAS SAFETY, EDUCATION AND RESEARCH ACT › Section 5J-20.082 - Resolution of Violations, Settlement, and Additional Enforcement Remedies

Current through Reg. 50, No. 138; July 16, 2024
(1) Failure to respond to an administrative
				  complaint shall result in the entry of a default Final Order against the
				  violator or entity responsible for the violation. The department shall impose
				  administrative fines in a default Final Order up to the maximum amount
				  allowable under Section
				  527.13, F.S.
(2) A failure to comply with a Final Order of
				  the department shall result in license revocation and additional enforcement as
				  prescribed in Sections
				  527.09,
				  527.12 and
				  527.13,
				  F.S.
Rulemaking Authority 527.06, 570.07(23) FS. Law
						Implemented 527.06, 527.08, 527.09, 527.12, 527.13, 527.14
						FS.
New 7-28-14, Formerly
						5F-11.082, Amended
						7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.002 - Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels

Current through Reg. 50, No. 138; July 16, 2024
(1) Gasoline. All gasoline found not meeting
				any standard adopted in this rule chapter, or by reason of containing water,
				sediment, or suspended matter, shall be withheld from sale to the public under
				the provisions of this section in accordance with the procedures in subsections
				5J-21.001(8) and
				(9), F.A.C.
(2) Kerosene. All kerosene found not meeting
				any standard adopted in this rule chapter, or by reason of containing visually
				determinable water, sediment, or suspended matter, shall be withheld from sale
				to the public under the provisions of this section in accordance with the
				procedures in subsections
				5J-21.001(8) and
				(9), F.A.C.
(3) Diesel Fuels No. 1-D and No. 2-D. All
				Diesel Fuel Oils No. 1-D and No. 2-D found not meeting any standard adopted in
				this rule chapter, or by reason of containing water, sediment, or suspended
				matter, shall be withheld from sale to the public under the provisions of this
				section in accordance with the procedures in subsections
				5J-21.001(8) and
				(9), F.A.C.
(4) Fuel Oils No. 1 and No. 2. All Fuel Oils
				No. 1 and No. 2 found not meeting any standard adopted in this rule chapter, or
				by reason of containing water, sediment, or suspended matter, shall be withheld
				from sale to the public under the provisions of this section in accordance with
				the procedures in subsections
				5J-21.001(8) and
				(9), F.A.C.
(5) Alternative Fuels. All alternative fuels
				found not meeting any standard adopted in this rule chapter, or by reason of
				containing water, sediment, or suspended matter, shall be withheld from sale to
				the public under the provisions of this section in accordance with the
				procedures in subsections
				5J-21.001(8) and
				(9), F.A.C.
Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented
					 525.035, 525.037, 525.16 FS.
New 7-1-71, Amended 7-1-73, Repromulgated 12-31-74, Amended
					 2-13-80, Formerly 5F-2.02, Amended 5-3-90, 8-13-92, 1-24-93, 11-29-94, 6-1-06,
					 5-6-08, 1-3-10, 1-7-15, Formerly
					 5F-2.002, Amended
					 11-15-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.003 - Registration and Identification

Current through Reg. 50, No. 138; July 16, 2024
(1) Every
				retail gasoline dispenser shall have the octane rating of the gasoline being
				sold therefrom conspicuously and firmly posted in a manner conforming with 16
				CFR Part 306.12 (1-1-20 Edition), which is hereby incorporated by reference.
				Copies of this publication may be obtained from the Superintendent of
				Documents, U.S. Government Publishing Office, 732 N. Capitol Street N.W.,
				Washington, D.C. 20401, or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-13980
.
(2) Every retail gasoline dispenser shall
				have the grade designation of the gasoline being sold therefrom conspicuously
				and firmly attached thereto. The octane rating of gasoline sold using the
				following grade designations must meet the minimum octane rating indicated:
Grade Designation
Minimum Octane Rating
Premium, Super, Supreme, High Test
91
Midgrade, Plus
89
Regular, Unleaded
87
(3)
				All racing gasoline or gasoline designed for special use that is kept, offered,
				or exposed for sale, or sold at retail that does not meet standards established
				in subsection 5J-21.001(1),
				F.A.C.:
(a) May not be advertised or
				represented, in writing or orally, to be suitable for use in ordinary motor
				vehicles or boat motors,
(b) Shall
				be accompanied by a conspicuous sign on the dispenser stating that the product
				does not meet gasoline specifications.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.004 - Motor Fuel Price Posting

Current through Reg. 50, No. 138; July 16, 2024
(1) Any roadside
				or other sign, including, but not limited to, prices on poles, monument signs,
				canopies, 'A-frame' signs or other structures, that advertises or displays
				motor fuel prices and is not connected to a retail motor fuel dispenser as
				covered in Rule 5J-21.007, F.A.C. must display:
(a) The undiscounted price per gallon for any
				motor fuel product and applicable grade advertised or displayed on the sign;
				or
(b) The discounted price per
				gallon for any motor fuel product and applicable grade advertised or displayed
				on the sign along with the conditions under which the discount is available,
				including, but not limited to, "Cash, " "Cash Only, " or "Membership." The
				discount conditions must be clearly presented on the sign in a font no less
				than one-half the size of the largest number posted on the sign and may not be
				abbreviated. The discount conditions must appear immediately next to, above or
				below the discounted price and with equal illumination as the discounted
				price.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-21 - MOTOR FUEL SPECIFICATIONS AND STANDARDS › Section 5J-21.006 - Inspection Identification Stickers

Current through Reg. 50, No. 138; July 16, 2024
It shall be the duty of inspectors to affix a sticker to each
				  petroleum measuring device, signifying that the device is inspected by the
				  Department of Agriculture and Consumer Services and that the device owner is
				  responsible for its proper use and maintenance. Stickers shall be placed at
				  such a point upon measuring device where they may be easily read by the public
				  but not at a point where they will interfere with other descriptive material on
				  the device such as figures, lettering or words. It shall be a violation of this
				  rule for any person, unless authorized by the Department, to remove, deface,
				  conceal or in any way obliterate or change this official sticker after it has
				  been affixed by an inspector.
Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented
					 525.07 FS.
New 12-31-74, Formerly 5F-2.06, Amended 1-3-10, 1-7-15,
					 Formerly 5F-2.006, Amended
					 11-15-20.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter, the following definitions and
				  those provided in Section
				  531.37, F.S., shall
				  apply:
(1) Commercial Purpose means
				any weighing and measuring device:
(a) Used in
				commerce to establish the size, quantity, extent, area, or measurement of any
				commodity sold, offered, or submitted for sale or otherwise transacted in
				commerce; or
(b) Used in computing
				any charge or payment due for services rendered on the basis of weight,
				measure, or count; or
(c) Used in
				determining the winner of any award based on weight, measure, or count;
				or
(d) Used to determine a weight,
				measure, size, quantity, extent, area or measurement when a fee is charged to
				make that determination.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.002 - Specifications, Tolerances and Other Technical Requirements for Weighing and Measuring Devices

Current through Reg. 50, No. 138; July 16, 2024
(1) The National
				Institute of Standards and Technology (NIST) Handbook 44, Specifications,
				Tolerances, and Other Technical Requirements for Weighing and Measuring
				Devices, 2023 Edition, is hereby adopted and incorporated by reference as the
				requirements for commercial weighing and measuring devices. A copy of this
				handbook may be obtained from the National Institute of Standards and
				Technology, 100 Bureau Drive, Gaithersburg, MD 20899-2100 or
http://www.flrules.org/Gateway/reference.asp?No=Ref-15473
.
				A copy of this handbook is also available for public inspection during regular
				business hours at the Florida Department of Agriculture and Consumer Services,
				Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway,
				Office #200, Tallahassee, Florida 32399, Phone: (850)921-1570.
(2) Any weighing or measuring device that
				fails to meet applicable tolerances, as adopted in this rule, shall be placed
				out of service by the department. Upon conformance with the requirements of
				this rule, the stop use order shall be released by the department.
(3) Prohibited Devices. Any mobile petroleum
				measuring device or delivery system that uses a single measurement meter and/or
				hose for the delivery of multiple products or grades of products is prohibited.
				Notwithstanding this prohibition, the department shall authorize commercial use
				of such a device if:
(a) A written request is
				received by the department prior to the device being placed in commercial
				service; and
(b) The request
				provides documentation demonstrating that the performance and construction of
				the device is in conformance with the standards adopted in this rule chapter;
				and
(c) The device has been
				inspected and tested by the Bureau of Standards and has been found to comply
				with the requirements adopted in Chapter 531, F.S., and this rule
				chapter.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.004 - Net Contents of Packaged Goods

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				National Institute of Standards and Technology (NIST) Handbook 133, Checking
				the Net Contents of Packaged Goods, 2020 Edition, is hereby adopted and
				incorporated by reference as the procedures for testing packaged goods and
				commodities for net contents. A copy of this handbook may be obtained from the
				National Institute of Standards and Technology, 100 Bureau Drive, Gaithersburg,
				MD 20899-2100 or may be accessed at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12520
.
				A copy of this handbook is also available for public inspection during regular
				business hours at the Florida Department of Agriculture and Consumer Services,
				Division of Consumer Services, Bureau of Standards, 2005 Apalachee Parkway,
				Office #200, Tallahassee, Florida 32399, Phone: (850)921-1570.
(2) Any package that fails to meet applicable
				requirements, as adopted in subsection (1) of this rule, shall be placed under
				stop sale order by the department. The packages shall be released by the
				department from the stop sale order once the packaging is made to conform with
				the requirements adopted in this rule.
Rulemaking Authority 531.41(3) FS. Law Implemented 531.41,
					 531.42, 531.44, 531.45, 531.47, 531.48, 531.49
					 FS.
New 8-17-17, Amended
					 2-8-21.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-22 - WEIGHTS AND MEASURES › Section 5J-22.005 - Metrology Lab Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) The department
				shall charge fees for metrology services provided as outlined in this rule.
(a) Fees for each mass standard tested or
				certified (calibrated) against the maximum permissible errors as listed in
				Table 1 ASTM International Standard Designation E617-18 for Class 5 and above
				or equivalent:
1. 0-2 lbs. or metric equivalent
$6 per unit
2. >2-10 lbs. or metric equivalent
$8 per unit
3. >10-50 lbs. or metric equivalent
$12 per unit
4. >50-500 lbs. or metric equivalent
$20 per unit
5. >500-1000 lbs. or metric equivalent
$30 per unit
6. >1000-2500 lbs. or metric equivalent
$40 per unit
7. >2500-5000 lbs. or metric equivalent
$50 per unit
(b)
				Fees for each mass standard calibrated against the maximum permissible errors
				as listed in Table 1 ASTM International Standard Designation E617-18 for Class
				4 or equivalent tolerances:
1. 0-10 lbs. or metric equivalent
$20 per unit
2. >10-50 lbs. or metric equivalent
$30 per unit
3. > 50-500 lbs. or metric equivalent
$40 per unit
4. >500-1000 lbs. or metric equivalent
$50 per unit
5. >1000-2500 lbs. or metric equivalent
$60 per unit
6. >2500-5000 lbs. or metric equivalent
$75 per unit
(c)
				Fees for each mass standard that is calibrated to meet the maximum permissible
				errors of Table 1 ASTM International Standard Designation E617-18 for Class 2
				or equivalent:
1. 0-20 lbs. or metric equivalent
$40 per unit
2. > 20-50 lbs. or metric equivalent
$50 per unit
3. >50-1000 lbs. or metric equivalent
$70 per unit
4. >1000-2500 lbs. or metric equivalent
$150 per unit
5. >2500-5000 lbs. or metric equivalent
$250 per unit
(d)
				Fees for each volumetric calibration:
1. 0-5 gallon capacity or metric equivalent
$35
2. > 5 gallon capacity or metric equivalent
Plus $0.75 for each additional gallon.
All volumetric capacities for measuring liquified petroleum
				  gas or other closed vessels used to measure other compressed or pressurized
				  gasses shall be assessed at the special test fee rate in paragraph
				  (1)(e).
(e) Fees for each
				special calibration or special preparation shall be $50 per hour. Calibrations
				or preparations whose individual fee(s) would total less than the equivalent of
				one-half hour of this hourly charge shall be charged for one half-hour of
				time.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-23 - ANTIFREEZE SPECIFICATIONS AND STANDARDS › Section 5J-23.001 - Standards

Current through Reg. 50, No. 138; July 16, 2024
(1) The performance specifications and
				standards for all non-recycled antifreeze products are hereby incorporated by
				reference: ASTM International Designation D3306-14 (approved April 15, 2014),
				"Standard Specification for Glycol Base Engine Coolant for Automobile and
				Light-Duty Service, " with the following exceptions:
(a) Antifreeze that is specifically designed
				for applications (according to the engine/equipment manufacturer) that prohibit
				the use of 50 percent or more glycol, in the engine coolant system may have a
				higher freezing point (and consequently a lower boiling point) than required by
				this subsection, so long as all other product quality specifications listed in
				this subsection are met along with the following conditions:
1. Proof of the prohibition to use 50 percent
				or more glycol in the applicable engine coolant systems must be provided to the
				department.
2. A statement must be
				printed on the front label of the bottle in a conspicuous font indicating the
				maximum freezing point and minimum boiling point, if different from the
				required phase transition points established in ASTM International Designation
				D3306-14, "Standard Specification for Glycol Base Engine Coolant for Automobile
				and Light-Duty Service, " (approved April 15, 2014), as incorporated by
				reference in subsection (1) of this rule, and the label must clearly state the
				intended applications for its use.
3. The following statement (or similar
				definitive equivalent statement) must be printed in all capital letters on the
				front label or affixed to the front of the bottle in a conspicuous font: This
				product may not be suitable for use in the coolant system of every engine. The
				freezing point does not meet the minimum requirements for all general
				automotive applications. Consult you're your mechanic or engine owner's manual
				before use.
4. The words
				"antifreeze, " "antifreeze-coolant, " "antifreeze and summer coolant, " "summer
				coolant, " or the like, may not be used on any label affixed to the bottle if
				there is less than ten (10%) percent glycol present in the
				product.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-23 - ANTIFREEZE SPECIFICATIONS AND STANDARDS › Section 5J-23.0015 - Registration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 501.913, 570.07(23) FS. Law
					 Implemented 501.913, 501.918, 501.919
					 FS.
New 6-4-14, Formerly
					 5F-10.0015, Repealed
					 7-10-19.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-23 - ANTIFREEZE SPECIFICATIONS AND STANDARDS › Section 5J-23.002 - Registration

Current through Reg. 50, No. 138; July 16, 2024
(1) In accordance with Section
				501.913, F.S., each brand of
				antifreeze to be distributed in this state shall be registered annually or
				biennially with the department prior to distribution or expiration of prior
				registration certificate and registrant shall make application on FDACS-03211,
				Antifreeze Registration Application, Rev. 02/19, hereby incorporated by
				reference. Copies of this form may be accessed at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10650
.
				Application shall be made by the manufacturer, packager, or the person whose
				name appears on the label.
(a) A
				"manufacturer" is the person or entity producing the antifreeze.
(b) A "packager" is the person or entity that
				packages the antifreeze in sealed, unbroken packages.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-23 - ANTIFREEZE SPECIFICATIONS AND STANDARDS › Section 5J-23.003 - Guidelines for Imposing Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Sections
				501.91 -
				501.923, F.S. The purpose of the
				guidelines is to give notice of the range of penalties that will be imposed for
				a single violation within a three-year period. The three-year period shall be
				based on the date of issuance of the stop sale order. These guidelines list
				aggravating and mitigating factors that, if present, will reduce or increase
				penalties to be imposed. The guidelines in this rule are based upon a single
				count violation of each provision listed. Multiple counts of the violated
				provision or a combination of the listed violations will be added together to
				determine an overall total penalty and will be grounds for enhancement of
				penalties.
(2) The department will
				enforce compliance with Sections
				501.91 -
				501.923, F.S., and this rule
				chapter by issuing a stop sale order and administrative complaint, if
				applicable, for violations of Sections
				501.91 -
				501.923, F.S., and this rule
				chapter.
(3) Nothing in this rule
				chapter shall limit the ability of the department to informally dispose of
				administrative actions by settlement agreement, consent order, or other lawful
				means.
(4) Rule Not All-Inclusive.
				This rule contains illustrative violations. It does not and is not intended to
				encompass all possible violations of statute or department rule that might be
				committed by any person. The absence of any violation from this rule chapter
				shall in no way be construed to indicate that the violation does not cause harm
				to the public or is not subject to a penalty. In any instance where the
				violation is not listed in this rule chapter, the penalty will be determined by
				consideration of:
(a) The closest analogous
				violation, if any, that is listed in this rule; and,
(b) The mitigating or aggravating factors
				listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-24 - BRAKE FLUID SPECIFICATIONS AND STANDARDS › Section 5J-24.001 - Performance Specifications and Standards for Motor Vehicle Brake Fluid

Current through Reg. 50, No. 138; July 16, 2024
(1) The performance specifications and
				standards for brake fluid adopted by the United States Department of
				Transportation and contained in Motor Vehicle Safety Standard No. 116, Motor
				Vehicle Brake Fluid, revised October 1, 2017, as referenced in
				49 CFR
				571.116, are hereby incorporated by reference
				as rules of the Department of Agriculture and Consumer Services. Copies of this
				publication may be obtained from the Superintendent of Documents, U.S.
				Government Publishing Office, 732 N. Capitol Street NW, Washington, D.C. 20401,
				or at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10824
.
(a) The performance specification and
				standard for brake fluid is hereby incorporated by reference: SAE International
				J1703 "Motor Vehicle Brake Fluid, " revised July, 2016.
(b) The performance specification and
				standard for brake fluid is hereby incorporated by reference: SAE International
				J1704 "Motor Vehicle Brake Fluid Based Upon Glycols, Glycol Ethers and the
				Corresponding Borates, " revised July, 2016.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-24 - BRAKE FLUID SPECIFICATIONS AND STANDARDS › Section 5J-24.003 - Guidelines for Imposing Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Sections
				526.51(3),
				526.53 and
				526.55, F.S. The purpose of the
				guidelines is to give notice of the range of penalties that will be imposed for
				a single violation within a three-year period. The three-year period shall be
				based on the date of issuance of the stop sale order. These guidelines list
				aggravating and mitigating factors that, if present, will reduce or increase
				penalties to be imposed. The guidelines in this rule chapter are based upon a
				single count violation of each provision listed. Multiple counts of the
				violated provision or a combination of the listed violations will be added
				together to determine an overall total penalty and will be grounds for
				enhancement of penalties.
(2) The
				department will enforce compliance with Chapter 526, Part II, F.S., and this
				rule chapter by issuing a stop sale order and administrative complaint, if
				applicable, for violations of Chapter 526, Part II, F.S., and this rule
				chapter.
(3) Nothing in this rule
				chapter shall limit the ability of the department to informally dispose of
				administrative actions by settlement agreement, consent order, or other lawful
				means.
(4) Rule Not All-Inclusive.
				This rule contains illustrative violations. It does not, and is not intended to
				encompass all possible violations of statute or department rule that might be
				committed by any person. The absence of any violation from this rule chapter
				shall in no way be construed to indicate that the violation does not cause harm
				to the public or is not subject to a penalty. In any instance where the
				violation is not listed in this rule chapter, the penalty will be determined by
				consideration of:
1. The closest analogous
				violation, if any, that is listed in this rule; and,
2. The mitigating or aggravating factors
				listed in this rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.001 - Bond and/or Certificate of Deposit Required; Agricultural Products

Current through Reg. 50, No. 138; July 16, 2024
(1) No dealer shall be required to furnish a
				bond and/or certificate of deposit in an amount greater than one hundred
				thousand dollars ($100, 000).
(2)
				The maximum amount of bond and/or certificate of deposit required of a dealer
				shall be no prohibition to a dealer furnishing a bond and/or certificate of
				deposit in an amount greater than the maximum required.
(3) A separate bond and/or certificate of
				deposit shall be required to cover each one-year license
				period.
Rulemaking Authority 604.27 FS. Law Implemented 604.19,
					 604.20(1) FS.
New 9-12-79, Amended 1-11-81, 5-2-82, Formerly 5H-1.01,
					 Amended 5-3-90, 7-7-92, 2-26-96, 8-11-96, 1-11-06, Formerly
					 5H-1.001.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.003 - LICENSE FEE TO BE PAID

Current through Reg. 50, No. 138; July 16, 2024
The license fee for the principal place of business for a
				  dealer in agricultural products shall be based upon the amount of agricultural
				  dealer's surety bond and/or certificate of deposit furnished by each dealer
				  under the provisions of Section
				  604.20, F.S., as follows: For
				  bonds and/or certificates of deposit in the amount of $5, 000 to $9, 999, the
				  license fee is $170. For bonds and/or certificates of deposit in the amount of
				  $10, 000 to $14, 999, the license fee is $230. For bonds and/or certificates of
				  deposit in the amount of $15, 000 or more, the license fee is $300. For each
				  additional place of business which the applicant desires to conduct and names
				  in the application, the additional license fee shall be $100 annually. Should
				  any dealer in agricultural products fail, refuse, or neglect to apply and
				  qualify for the renewal of a license on or before the date of expiration
				  thereof, a penalty of $100 shall apply to and be added to the original license
				  fee and shall be paid by the applicant before the renewal license may be
				  issued.
Rulemaking Authority 604.19, 604.27 FS. Law Implemented
					 604.19 FS.
New 9-12-79, Amended 1-11-81, 10-30-85, Formerly 5H-1.03,
					 Amended 12-5-90, 1-11-06, Formerly
					 5H-1.003.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.005 - Security Requirements for Grain Dealers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 604.27 FS. Law Implemented 604.33
					 FS.
New 2-2-86, Formerly
					 5H-1.005, Repealed
					 8-17-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.006 - DEFINITIONS

Current through Reg. 50, No. 138; July 16, 2024
For the purpose of this chapter, the definitions in Section
				  604.15, F.S., and the following
				  shall apply.
Tropical Foliage means any herbaceous plant originally from
				  tropical climates, that is grown and sold as potted plants, cut foliage, or
				  interiorscapes, primarily for their indoor decorative value. Excluded from this
				  definition are woody temperate zone plants, such as trees, shrubs or woody
				  vines.
Rulemaking Authority 604.27 FS. Law Implemented 604.15,
					 604.27 FS.
New 8-15-11, Formerly
					 5H-1.006.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.007 - CONTENT OF DEALERS RECORDS

Current through Reg. 50, No. 138; July 16, 2024
In accordance with Section
				  604.22, F.S., each licensed
				  dealer shall preserve for at least twelve (12) months a record of each
				  transaction involving agricultural products. The preserved record may take the
				  form of an invoice, bill of sale, manifest, or other written document showing
				  the date of sale, the name and address of the seller, and the kind or common
				  name and quantity of each agricultural product included in the
				  transaction.
Rulemaking Authority 604.27 FS. Law Implemented 604.22,
					 604.27 FS.
New 8-15-11, Formerly
					 5H-1.007.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.008 - GUIDELINES FOR IMPOSING ADMINISTRATIVE PENALTIES

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Section
				604.30, F.S. These guidelines
				list aggravating and mitigating factors that, if present, will reduce or
				increase penalties to be imposed. No aggravating factors will be applied to
				increase a fine imposed for a single violation above the statutory maximum of
				$2, 500 per violation. Multiple counts of the violated provision or a
				combination of the listed violations will be added together to determine an
				overall total penalty and will be grounds for enhancement of
				penalties.
(2) The department will
				enforce compliance with Sections 604.15-.34, F.S., and this rule chapter by
				issuing an Administrative Complaint for violations.
(3) Aggravating and Mitigating Factors. The
				department will consider aggravating and mitigating factors in determining the
				penalty to be imposed for violations of Sections 604.15-.34, F.S., and this
				rule chapter. The factors shall be applied against each single count of the
				listed violation.
(a) Aggravating Factors:
1. Whether a complaint(s) has been filed
				against the Respondent by a producer (or their agent) of agricultural products
				in Florida.
2. The violation caused
				or has the potential to cause harm to a Florida agricultural producer and the
				degree or extent of such harm.
3.
				Previous violations for the same or a similar offense that resulted in
				enforcement action.
4. The length
				of time the business has been in operation and the violation history over the
				past three years.
5. The violation
				existed for a period of six (6) months or more.
6. The violation was repeated within three
				years.
7. The violator impeded, or
				otherwise failed to cooperate with, the department's inspection and/or
				investigation.
8. Previous
				disciplinary action within the past three (3) years against the violator in
				this or any other jurisdiction and the deterrent effect of the penalty
				imposed.
9. Failure to initiate,
				complete, or take affirmative or corrective action within twenty-one (21) days
				of receipt of the Administrative Complaint.
10. Whether the violation resulted from
				negligence or an intentional act.
11. The cost of enforcement action.
12. The number of other violations proven in
				the same proceeding.
13. The
				economic benefit to the violator.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-25 - DEALERS IN AGRICULTURAL PRODUCTS › Section 5J-25.009 - DOCUMENTS INCORPORATED BY REFERENCE

Current through Reg. 50, No. 138; July 16, 2024
The following documents are hereby incorporated by reference.
				  Copies of these documents may be obtained from the Division of Consumer
				  Services Agricultural Dealer's Licenses at 2005 Apalachee Parkway, Tallahassee,
				  Florida 32399-6500 or online as indicated.
(1) Assignment of Certificate of Deposit,
				FDACS-06300 (Rev. 03/11),
http://www.flrules.org/Gateway/reference.asp?No=Ref-00436
.
(2) Statement of Exemption, FDACS-06301 (Rev.
				12/17),
http://www.flrules.org/Gateway/reference.asp?No=Ref-09051
.
(3) Application for Agricultural Products
				Dealer License, FDACS-06302 (Rev. 12/17),
http://www.flrules.org/Gateway/reference.asp?No=Ref-09052
.
(4) Agricultural Products Dealer Bond,
				FDACS-06303 (Rev. 03/17),
http://www.flrules.org/Gateway/reference.asp?No=Ref-08498
.
(5) Answer of Respondent, FDACS-06314 (Rev.
				03/17),
http://www.flrules.org/Gateway/reference.asp?No=Ref-08499
.
(6) Agricultural Products Dealer Claim
				Package, FDACS-06329 (Rev. 05/17),
http://www.flrules.org/Gateway/reference.asp?No=Ref-08500
.
Rulemaking Authority 534.48, 570.07(23), 604.27 FS. Law
					 Implemented 534.48, 601.66, 604.16, 604.18, 604.20, 604.21, 604.23, 604.33
					 FS.
New 8-15-11, Formerly
					 5H-1.009, Amended 8-17-17,
					 2-22-18.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-26 - MILITARY VETERANS › Section 5J-26.001 - Military Fee Waiver

Current through Reg. 50, No. 138; July 16, 2024
(1) Applicants
				seeking a waiver must submit FDACS-10991, Military Fee Waiver Request, Rev.
				10/18, hereby incorporated by reference. Copies of this form may be obtained
				from the Department of Agriculture and Consumer Services, Division of Consumer
				Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed
				online at:
http://www.flrules.org/Gateway/reference.asp?No=Ref-10137
.
(2) The waiver request and required
				documentation must be submitted to the department along with a completed
				program registration application.
Rulemaking Authority 472.008, 501.014(2), 501.626,
					 507.09(3), 527.06, 539.001(21), 559.92201, 559.9355(3), 570.07(23) FS. Law
					 Implemented 472.015(3)(b),
					 472.016,
					 501.015(2),
					 501.605(5)(b),
					 501.607(2)(b),
					 501.609,
					 507.03(3)(b),
					 (c),
					 527.02(3)(b),
					 (c),
					 539.001(3)(c),
					 (g),
					 559.904(3)(b),
					 (c),
					 559.928(2)(c),
					 (d)
					 FS.
New 2-12-17, Amended 10-31-17,
					 1-10-19.