Liquefied Petroleum Gas Forms, Out of Service Account Procedure, Out-of-gas, Leak Call, and Interrupted Service Procedure, Dispensing Units, Storage of Cylinders Awaiting Use, Resale, or Exchange, Installation of Unvented Room Heaters, Qualifier and ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Consumer Services

    RULE NOS.:RULE TITLES:

    5J-20.004Liquefied Petroleum Gas Forms

    5J-20.043Out of Service Account Procedure

    5J-20.044Out-of-gas, Leak Call, and Interrupted Service Procedure

    5J-20.045Dispensing Units

    5J-20.048Storage of Cylinders Awaiting Use, Resale, or Exchange

    5J-20.050Installation of Unvented Room Heaters

    5J-20.061Qualifier and Master Qualifier Examinations; Applicant Qualifications

    5J-20.065Re-examination Procedures

    5J-20.066Reporting of Qualifier and Master Qualifier Vacancies

    5J-20.071Rate of Assessments; Effective Date

    5J-20.072Payment of Assessments; Penalties

    5J-20.080Enforcement Actions and 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. 44 No. 54, March 19, 2018 issue of the Florida Administrative Register.

    5J-20.004 Liquefied Petroleum Gas Forms. 

    The following documents are hereby incorporated by reference and may be obtained from the Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or online as indicated.

    (1) through (2) No change.

    (3) FDACS-03504 (05/18) (02/18), LP Gas Examination Scheduling Request, http://www.flrules.org/Gateway/reference.asp?No=Ref-          .

    (4) through (47) No change.

    Rulemaking Authority 527.0201, 527.06, 570.07(23) FS. Law Implemented 119.07(4)(c), 527.02, 527.0201, 527.021, 527.03, 527.04, 527.055, 527.06, 527.0605, 527.061, 527.11 FS. History–New 6-8-88, Amended 2-5-91, 3-18-92, Formerly 4B-1.034, Amended 7-20-95, 6-8-99, 7-28-14, Formerly 5F-11.004, Amended 6-28-17,                  .

     

    5J-20.043 Out of Service Account Procedure.

    No change.

    Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 2-6-90, 8-9-92, Formerly 4B-1.029, Amended 4-30-96, 9-2-02, 1-29-06, Formerly 5F-11.043, Amended          .

     

    5J-20.044 Out-of-gas, Leak Call, and Interrupted Service Procedure.

    No change.

    Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 2-6-90, 12-31-91, Formerly 4B-1.030, Amended 1-29-06, 7-28-14, Formerly 5F-11.044, Amended         .

     

    5J-20.045 Dispensing Units.

    No change.

    Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 6-8-88, Formerly 4B-1.032, Amended 3-15-94, 7-20-95, 6-5-97, 9-2-02, 1-29-06, 7-28-14, Formerly 5F-11.045, Amended        .

     

    5J-20.048 Storage of Cylinders Awaiting Use, Resale, or Exchange.

    No change.

    Rulemaking Authority 527.06 FS. Law Implemented 527.06(2) FS. History–New 2-5-91, Formerly 4B-1.035, Amended 7-20-95, 7-28-14, Formerly 5F-11.048, Amended          .

     

    5J-20.050 Installation of Unvented Room Heaters.

    No change.

    Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 1-24-95, Amended 1-29-06, 8-2-07, Formerly 5F-11.050, Amended          .

     

    5J-20.061 Qualifier and Master Qualifier Examinations; Applicant Qualifications.

    (1) Applicants for examination for competency must submit FDACS-03504 (05/18) (02/18), LP Gas Examination Scheduling Request, as incorporated by reference in Rule 5J-20.004, F.A.C., along with the required non-refundable examination fee set forth in Sections 527.0201(1) or 527.0201(5)(a), F.S. Applicants will be scheduled for the next-available examination administration at the site designated by the applicant on this form.

    (2) through (3) No change.

    Rulemaking Authority 527.0201, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.061, Amended         .

     

    5J-20.065 Re-examination Procedures.

    An applicant who fails any part of an examination is eligible to be re-examined on those parts failed. The applicant must submit FDACS-03504 (05/18) (02/18), LP Gas Examination Scheduling Request, 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 by submitting FDACS-03504 (05/18) (02/18), LP Gas Examination Scheduling Request, as incorporated by reference in Rule 5J-20.004, F.A.C., along with the required non-refundable examination fee referenced above.

    Rulemaking Authority 527.055, 527.06 FS. Law Implemented 527.0201, 527.055, 527.06 FS. History–New 1-15-02, Amended 7-28-14, Formerly 5F-11.065, Amended           .

     

    5J-20.066 Reporting of Qualifier and Master Qualifier Vacancies.

    No change.

    Rulemaking Authority 527.06 FS. Law Implemented 527.0201(6), 527.055, 527.06 FS. History–New 7-28-14, Formerly 5F-11.066 , Amended           .

     

    5J-20.071 Rate of Assessments; Effective Date.

    No change.

    Rulemaking Authority 527.23(13) FS. Law Implemented 527.23(9), (11), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.071, Amended             .

     

    5J-20.072 Payment of Assessments; Penalties.

    (1) through (2) No change.

    (3) Failure to submit payment within the 45-day period will result in a 5% late penalty based on the original amount due. Payments withheld for more than 60 days will result in a 10% late penalty based on the original amount due. The department shall notify the payor of any payments not received at the end of the 60-day period. The late penalty and original amount of the assessment shall be due and payable within 15 days of the department’s notification to the payor. Penalties imposed for late payments shall not exceed $3,000 for each offense, as provided in Section 527.13, F.S.

    (3) (4) 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 and penalty due.

    Rulemaking Authority 527.23(13) FS. Law Implemented 527.12, 527.13, 527.23(9), (12) FS. History–New 7-8-98, Amended 1-1-14, Formerly 5F-11.072, Amended            .

     

    5J-20.080 Enforcement Actions and Administrative Penalties.

    (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 normally 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 administrative enforcement action imposed for the same violation. 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 $3,000 per violation. 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) through (9) No change.

    (10) Violations. For the purposes of imposing the penalties and enforcement actions provided for in Sections 527.13 and 527.14, F.S., violations shall be designated as either “minor” or “major”.

    (a) Minor Violations. A violation of Chapter 527, F.S., or this rule chapter 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. Minor violations shall result in imposition of a fine of up to $1,000. The following violations shall be considered minor violations:

    1. through 20. No change.

    (b) No change.

    Rulemaking Authority 120.695, 527.06 FS. Law Implemented 527.06, 527.12, 527.13, 527.14 FS. History–New 7-28-14, Formerly 5F-11.080, Amended           .