1. (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. (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. 01/26, 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 HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-19127"http://www.flrules.org/Gateway/reference.asp?No=Ref-19127.
3. (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. (4) Fees.

   1. (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.

   2. (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, 2005 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile at (850)410-3804.

   3. (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, 2005 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile at (850)410-3804.
   4. (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.
   5. (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.

   6. (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:

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.

1. (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, excluding those used to measure liquefied petroleum gas, the fees in Table 2 will apply:

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 used to measure liquefied petroleum gas with a maximum flow rate of up to and including 20 gallons per minute or the metric equivalent, the annual permit fee shall be $40 per device.

6. 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.

7. 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.

8. 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.

9. For multiple dimension measuring devices, the annual permit fee shall be $100 per device.

10. For LP gas bulk delivery vehicles with a meter owned or leased by a LP gas licensee, the annual permit fee shall be $150.

1. (5) Fees for Device(s) Placed into Service at a Location with an Existing Commercial Use Permit. The department shall be notified by the owner of any non-replacement weighing or measuring device that is put into service during a permit year at a location and will change the permit fees by submitting form FDACS-03560, Weighing and Measuring Device Permit Application, Rev. 01/26, which is adopted and incorporated by reference in subsection (2). The fee shall be prorated on a quarterly basis of the annual fee prescribed in subsection (4), for every quarter remaining until the expiration of the existing permit for that location.

2. (6) Replacement Devices. Each device for which a permit has been issued may be replaced with a device of the same type, size and capacity and will not require additional fees to be paid until renewal of the permit providing the following conditions apply:

   1. (a) The amount of the fee for the replacement device would have been equal to or less than the amount of the fee for the original device as prescribed in subsection (4); and,
   2. (b) The replacement device is reported to the department in writing within 30 days of the date of replacement. The reporting shall include a copy of the NTEP certificate, the brand name, model and serial number and capacity of the device(s) being replaced and the replacement device(s). The information shall be sent to the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Compliance, 2005 Apalachee Parkway, Tallahassee, Florida 32399, or by facsimile at (850)410-3804.
3. (7) Late Fees. The department shall not issue a commercial use permit until all applicable fees, including late fees, have been received by the department. The department shall not waive late fees. A late fee of $100 per location must be paid in addition to the commercial use permit fee required by subsection (4), if the commercial use permit application and renewal fee are not received by the department in accordance with Section 531.62, F.S.

Rulemaking Authority 531.66, 570.07(23) FS. Law Implemented 531.42, 531.50, 531.60, 531.61, 531.62, 531.63, 531.64, 531.65, 531.66 FS. History–New 8-17-17, Amended 5-24-18, 2-8-21, 8-3-23, 5-6-26.