Adopt motor fuel price posting requirements for signage (other than retail motor fuel dispensers) when advertising the price of motor fuel products and grades of those products and offering a discount for payment by cash.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NO.:RULE TITLE:

5J-21.004Motor Fuel Price Posting

PURPOSE AND EFFECT: Adopt motor fuel price posting requirements for signage (other than retail motor fuel dispensers) when advertising the price of motor fuel products and grades of those products and offering a discount for payment by cash.

SUMMARY: The proposed rule includes adopting motor fuel price posting requirements for signage (other than retail motor fuel dispensers) when advertising the price of motor fuel products and grades of those products and offering a discount for payment by cash.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. Additionally, no interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 526.09, 531.41(3), 570.07(23) FS.

LAW IMPLEMENTED: 526.01, 531.44 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Chief, Bureau of Standards, 3125 Conner Blvd., Bldg. #2, Tallahassee, FL 32399, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-21.004 Motor Fuel Price Posting.

(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.

(2) All motor fuel prices displayed on the sign must include all applicable taxes and fees.

(3) A business is not required to have a roadside sign nor advertise or display motor fuel prices for all products or grades stored or offered for sale at the retail station, except as required in Rule 5J-21.007, F.A.C.

(4) Failure to comply with the provisions of this rule constitutes a violation of Section 531.44, F.S.

Rulemaking Authority 526.09, 531.41(3), 570.07(23) FS.  Law Implemented 526.01, 531.44 FS. New______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Matthew D. Curran, Ph.D., Chief, Bureau of Standards

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 17, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 19, 2014