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, Guidelines for Imposing Administrative Penalties
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-21.002Disposition 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
5J-21.008 Guidelines for Imposing Administrative Penalties
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 46 No. 150, August 3, 2020 issue of the Florida Administrative Register.
5J-21.002 Disposition of Below Standard Gasoline, Kerosene, Diesel Fuels No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels.
(1) No change.
(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) through (5) No change.
Rulemaking Authority 525.14, 570.07(23) FS. Law Implemented 525.035, 525.037, 525.16 FS. History–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 .
5J-21.008 Guidelines for Imposing Administrative Penalties.
(1) through (4) No change.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapters 525 and 531, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation.
(a) No change.
(b) Mitigating Factors shall include:
1. through 5. No change.
6. The disciplinary history of the violator and with consideration of whether three years have passed since the previous violation.
7. No change.
(6) No change.
(7) (9) No change.
Rulemaking Authority 525.14, 531.41, 531.42, 570.07(23) FS. Law Implemented 525.16, 531.42, 531.44, 570.971(4) FS. History–New 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.016, Amended .
