Liquefied Petroleum Gas Forms, Marking of Containers; Posting of Owner Contact Information at Dealer Locations, Underground Installations, Enforcement Actions and Administrative Penalties
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
RULE NOS.:RULE TITLES:
5J-20.004Liquefied Petroleum Gas Forms
5J-20.022Marking of Containers; Posting of Owner Contact Information at Dealer Locations
5J-20.041Underground Installations
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. 45 No. 60, March 27, 2019 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) No change.
(2) FDACS-03578 LP Gas Category I Dealer License Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(3) FDACS-03579 LP Gas Category II Dispenser License Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(4) FDACS-03580 LP Gas Category III Cylinder Exchange Operator License Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(5) FDACS-03581 LP Gas Category IV Dealer in Appliances and Equipment License Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(6) FDACS-03582 LP Gas Category V Installer License Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(7) FDACS-03583 LP Gas Category VI Miscellaneous Operator License Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(8) FDACS-03584 LP Gas Qualifier and Master Qualifier Registration Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(9) FDACS-03585 LP Gas Material Change and Duplicate Licenses Form, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(10) FDACS-03586 LP Gas Continuing Education Course Approval Application, 05/19 02/19, http://www.flrules.org/Gateway/reference.asp?No=Ref- .
(11) through (15) No change.
Rulemaking Authority 527.0201, 527.06, 527.23, 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, 527.23 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, 6-27-18, .
5J-20.022 Marking of Containers; Posting of Owner Contact Information at Dealer Locations.
(1) No change.
(2) Containers gained through acquisition shall be marked as soon as reasonably possible, but no later than 30 days after acquisition. The department shall grant an extension to the 30-day marking requirement, not to exceed 24 months from the date of acquisition, if:
(a) A written request is received by the department within 30 days after the acquisition;
(b) The request provides information demonstrating that, due to the number of newly-acquired containers, a good faith effort to mark them all within 30 days will fail; and
(c) The request indicates that containers affected by the extension are and will remain marked with an active emergency contact telephone number at all times.
(3) No change.
Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 8-7-80, Formerly 4A-1.16, 4B-1.12, 4B-1.012, Amended 3-15-94, 7-28-14, Formerly 5F-11.022, Amended .
5J-20.041 Underground Installations.
(1) through (3) No change.
(4) All underground storage containers that are not included in the requirements pursuant to subsections (1) and (2) of this rule shall be visually inspected at the time of each fuel delivery. Documentation of the visual inspection shall be maintained as prescribed in NFPA 58, as incorporated by reference in rule 5J-20.002, F.A.C. This inspection may be documented by a notation on the fuel delivery ticket or other form designated for this purpose by the gas supplier. Documentary proof of each inspection conducted pursuant to this subsection (4) shall be maintained by the gas supplier for a period of 12 months.
(5) No change.
Rulemaking Authority 527.06 FS. Law Implemented 527.06 FS. History–New 7-23-86, Amended 6-8-88, 8-9-92, Formerly 4B-1.027, Amended 11-6-95, 4-30-96, Formerly 5F-11.041, Amended .
5J-20.080 Enforcement Actions and Administrative Penalties.
(1) No change.
(2) The department will enforce compliance with chapter 527, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, a stop use order, and/or an immediate final order, including a cease and desist order.
(3) through (4) No change.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of chapter 527, F.S., and this rule chapter. Aggravating factors, as defined in paragraph (5)(a) of this rule, shall warrant the adjustment of the fine upward from $500 to $1,000 per violation per aggravating factor and mitigating factors, as defined in paragraph (5)(b) of this rule, shall warrant the adjustment of the fine downward from $500 to $1,000 per violation per mitigating factor. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a Tier I violation or a Tier II violation as described in paragraphs 5J-20.080(7)(9)(a) and (b), F.A.C.
(a) through (b) No change.
(6) No change.
(7)(9) 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 Tier I or Tier II.
(a) Tier I Violations. Tier I violations shall result in imposition of a fine of up to $1,000. The following violations shall be considered Tier I violations:
1. A subsequent violation of any of the violations enumerated in subsection (6)(8), above, within a three-year period.
2. through 4. No change.
5. Except as otherwise stated in paragraph (6)(8)(e), above, conducting LP gas activities as defined in section 527.01, F.S., without a license, including while any licensure application is pending, or while the license is inoperative because of failure to renew, or conducting LP gas activities after the qualification status of the duly-designated Qualifier or Master Qualifier has expired, where the unlicensed activity did not contribute to or cause an LP gas related accident.
6. through 19. 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 6-27-18, .
