RULE NO: RULE TITLE
5F-5.002: Weighing or Measuring Device Permits; Requirements and Fees
5F-5.002 Weighing or Measuring Device Permits; Requirements and Fees.
(1) through (6)(f)6. No change.
7. For taximeters that are not tested for accuracy and compliance with state standards by a local government in cooperation with the state as authorized in Section 531.421 525.421, F.S., the annual permit fee shall be $35 per device.
8. through 10. No change.
(g) No change.
(7) through (10)(e)2.i. No change.
j. Acts of God or nature that impairs the ability of the violator to comply with Sections 531.60-.66, F.S. or Rule 5F-5.002, F.A.C.
k. through m. No change.
(f) through (g)1. No change.
2. Devices Placed Out of Service by the Department. Any investigation or inspection in which the Department determines that a device(s) does not have the commercial use permit required by is out of compliance with ss. 531.60 – 531.66, F.S., and or this rule shall result in the device(s) being prohibited from further commercial use until the proper commercial use permit has been issued by the Department. The Department shall prevent the continued unauthorized use of the device(s) by attaching DACS Form 03562, “Out of Service” tag, (Rev. 06/09), to the device(s). DACS form 03562 (Rev. 06/09) is hereby adopted and incorporated by reference, a copy of which can be viewed on the Department’s web site at www.doacs.state.fl.us/onestop/index.html. When the applicable fee has been paid and the commercial use permit has been issued Upon compliance with the applicable requirement, the Out of Service tag shall be removed from the weighing and measuring device(s).
3. Minor Violations. A violation of Sections 531.60-.66, F.S., or this rule is a minor violation if it does not result in economic or physical harm to a person or adversely affect the public health, safety, or welfare or create a significant threat of such harm. In addition to placing the device(s) out of service, Tthe Department shall may impose one or more of the following penalties, or any combination thereof: 1. Place the device out of service. 2. Aan administrative fine of $250 per violation. The fine will which may be adjusted upward or downward depending on for the existence of aggravating or mitigating factors listed in paragraph (10)(e) of this rule; provided, however, that the maximum fine shall not exceed the fines authorized in Section 531.50(1)(b), F.S. to statutory maximum of $1,000 for a first violation or downward depending upon the existence of mitigating factors. For the purposes of this rule, the following violations shall be considered minor violations:
a. through e. No change.
4. Major Violations. A violation of Sections 531.60-.66, F.S., or this rule is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. In addition to placing the device(s) out of service, major violations shall result in the imposition of an administrative fine of $500 per violation, which will may be adjusted upward to statutory maximum of $1,000 for a first violation, $2,500 for a second violation within two years of the first violation, $5,000 for a third violation within two years of the first violation, or downward depending upon the existence of mitigating or aggravating factors listed in paragraph (10)(e) of this rule; provided, however, that the maximum fine shall not exceed the fines authorized in Section 531.50(1)(b), F.S. For the purposes of this rule, the following violations shall be considered major violations:
a. through c. No change.
(11)(a) No change.
(b) 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 may impose administrative fines in a Default Final Order equal to the maximum amount allowable under Section 531.50(1)(b), F.S. allowed not to exceed $5,000 per violation.
(c) A failure to comply with either a Final Order or a Default Final Order of the Department shall result in permit revocation and an administrative fine equal to the maximum amount allowable under Section 531.50(1)(b), F.S. of $5,000 per violation.
(d) Nothing in this rule shall prohibit the Department from exercising the special police powers granted the Department under Section 531.42, F.S. imposing additional sanctions for violations of Chapter 531, F.S., or the rules promulgated thereunder.
Rulemaking Authority 570.07(23), 531.66 FS. Law Implemented 531.60-531.66, 531.42(1), 531.42(2), 531.50 FS. History– New________.