5F-2.001: Standards
5F-2.002: Disposition of Below Standard Gasoline, Kerosene, Diesel Fuel Oils No. 1-D and 2-D, and Fuel Oils No. 1 and No. 2, and Alternative Fuels.
5F-2.003: Registration and Identification
5F-2.005: Inaccurate Measuring Devices
5F-2.006: Inspection Identification Stickers
5F-2.014: Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 and Meter Sealing Requirements.
5F-2.016: Guidelines for Imposing Administrative Penalties
PURPOSE AND EFFECT: 1. Update ASTM International standards for gasoline, kerosene, diesel fuel oils, fuel oils, fuel ethanol, and biodiesel. Also, incorporate new ASTM International standards for biodiesel blends (with diesel fuel oils) for concentrations from 6% to 20%.
2. Establish a minimum octane rating requirement of 87 for gasoline, which includes gasoline-ethanol blends, sold, distributed, offered for sale or offered for distribution at retail gas stations.
3. Establish a minimum motor octane number requirement of 82 for gasoline, which includes gasoline-ethanol blends, with an octane rating of 87 or higher.
4. Establish a temporary lower minimum vapor pressure requirement for E85 Fuel Ethanol classes permitted for sale in Florida, expiring on November 30, 2010, for Class I Type E85 fuels and on April 30, 2011, for Class II Type E85 Fuels. Currently, such blends have difficulty meeting the requirements set forth in the ASTM International Designation for E85 Fuel Ethanol, which is approximately 12 years old (that particular specification). This change is only temporary and is expected to remain in effect only until such time that ASTM International addresses the situation in their specifications.
5. Amend language to reduce the maximum amount of water permissible in storage tanks containing ethanol and biodiesel fuels and their respective blended products from two inches to one quarter inch.
6. Reference and list all forms used in the stopping of sale of substandard fuel and subsequent release of said fuel after proper remedy; disposition of all listed fuel types; the removal of improperly labeled devices from service; the removal of inaccurate measuring devices from service; the removal from service of devices without inspection stickers; the removal from service of devices not maintained properly (in violation of NIST Handbook 44); and the removal of improperly functioning measuring devices from service.
7. Clarify the disposition of gasoline, kerosene, diesel fuel, fuel oils and alternative fuels. Including the disposition of biodiesel blends (with diesel fuel oils) with a flash point less than the standard, but greater than 100 °F (making it consistent with the existing disposition for diesel fuel oils of the same characteristics). And the disposition of biodiesel and biodiesel blends (with diesel fuel oils and fuel oils) above the ultra-low (S15) sulfur standard, but less than 35 ppm (making it consistent with the existing disposition for diesel fuel oils of the same characteristics).
8. Remove the prohibition for penalty from the discovery of water and/or suspended matter in referenced motor fuels and to transfer references for penalty prohibitions for specified violations to the penalty matrix section.
9. Amend penalties for vapor pressure violations over 11.0 psi, from June 1 through September 15 of each calendar year. Violations above the applicable standard, but less than and including 11.0 psi will still be subject to Stop Sale Order, but without penalty.
10. Provide instructions to terminal suppliers, wholesalers, and importers filling out the required DACS Form #03202 titled Gasoline and Oil Inspection Affidavit and Inspection Fee Report.
11. Update references to 16 CFR Federal labeling requirements.
12. Further clarify ethanol dispenser labeling requirements.
13. Amend to existing labeling language for M85 Fuel Methanol products to more clearly and conspicuously notify consumers that methanol blended products are not necessarily compatible with all flex fuel vehicles.
14. Provide instructions and requirements to persons and service agencies wishing to register with the Department as authorized meter mechanics, able to repair and/or adjust the accuracy of petroleum fuel measuring devices in this state.
15. Adopt the 2009 version of the National Institute of Standards and Technology (NIST) Handbook 44.
16. Specify the time period in which the Department must be notified after the installation of a petroleum fuel measuring device.
17. Revise the penalty matrix.
SUMMARY: The proposed Chapter 5F-2, F.A.C., establishes minimum octane rating requirements for gasoline sold, distributed, offered for sale or offered for distribution at retail gas stations; establishes a minimum motor octane number for gasoline with an octane rating of 87 or higher; is amended to reflect an anticipated lowering by ASTM International of the minimum vapor pressure requirement for all classes of E85 fuel ethanol permissible for sale in Florida; is amended to reduce the maximum amount of water permissible in storage tanks containing ethanol and biodiesel fuels and their respective blended products from two inches to one quarter inch; is amended to clarify disposition of gasoline, kerosene, diesel fuel, fuel oils and alternative fuels and modify the disposition of such fuels resulting from proposed changes herein. Also, clarify and transfer references for penalty prohibitions for specified violations to Rule 5F-2.016, F.A.C.; is amended to remove the prohibition for penalty from the discovery of water and/or suspended matter in referenced fuels; is amended to only warrant penalties for vapor pressure violations over 11.0 psi, from June 1 through September 15 of each calendar year; is amended to reference forms used when fuel types in this section are found to be substandard; is amended to reference forms used in the disposition of all listed fuel types in this section; is amended to reference forms used in the discovery of improperly labeled petroleum fueling devices; is amended to reference forms used in the removal of inaccurate measuring devices, devices without inspection stickers, and improperly functioning measuring devices from service; is amended to describe the requirements for manufacturers, terminal suppliers, wholesalers, and importers of petroleum fuel distributing and/or selling petroleum fuel in this state and the party responsible for submitting the petroleum inspection fee; is amended to further clarify ethanol dispenser labeling requirements; is amended to add labeling language to M85 fuel methanol products to more clearly and conspicuously notify consumers that methanol blended products are not necessarily compatible with all flex fuel vehicles; is amended to describe the process and requirements for individuals wishing to register with the Department as a meter mechanic; adopts the current version of the National Institute of Standards and Technology (NIST) Handbook 44; establishes requirements for persons or service agencies installing new petroleum measuring devices to notify the Department within ten (10) days of installation; is amended to state that the Department may revoke or suspend a registration issued under Chapter 525, F.S., as a means of penalty for violations of the laws and rules adopted by the Department; is amended to update and enhance the fine matrix for violations of Chapter 525, F.S.; update the ASTM International fuel quality specification designations for gasoline, diesel fuels, fuel oils, and biodiesel; adopt by reference newly published standards for biodiesel blends (with diesel fuel) for concentrations of 6% to 20% biodiesel.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 525.14, 531.40, 531.41, 570.07 FS.
LAW IMPLEMENTED: 525.01, 525.035, 525.037, 525.07, 525.09, 525.14, 525.16, 531.40 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Monday, September 28, 2009, 8:00 a.m. 12:00 noon
PLACE: Florida Department of Agriculture and Consumer Services, Eyster Auditorium, 3125 Conner Blvd., Tallahassee, FL 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Matthew D. Curran, Ph.D., Bureau Chief, 3125 Conner Blvd., L-1, Tallahassee, FL 32399, (850)488-9740. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Matthew D. Curran, Ph.D., Bureau Chief, 3125 Conner Blvd., L-1, Tallahassee, FL 32399, (850)488-9740
THE FULL TEXT OF THE PROPOSED RULE IS:
5F-2.001 Standards.
(1) No change.
(a) Standards. All gasoline shall conform to the chemical and physical standards for gasoline as set forth in ASTM International Designation designation D 4814-09a 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel, with the following exceptions, providing that the base gasoline used under the exceptions conforms to the chemical and physical standards for gasoline as set forth in ASTM International Designation designation D 4814-09a 4814-07b:
1. Vapor Pressure Class Requirements: Gasoline containing one (1) through ten (10) percent ethanol by volume shall be allowed a 1.0 psi increase to the applicable vapor pressure class maximum from September 16 through May 31 (not applicable for gasoline/ethanol blend tankage at refineries, importers, pipelines, and terminals for the month of May). From June 1 (May 1 for gasoline/ethanol blend tankage at refineries, importers, pipelines, and terminals) through September 15, gasoline blends containing ethanol shall conform to the vapor pressure class requirements and are entitled to the permissible increases provided by the Environmental Protection Agency (EPA) and outlined in ASTM International Designation designation D 4814-09a 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel.
2. No change.
3. Vapor Lock Protection Class Requirements: Gasoline containing nine (9) through ten (10) percent ethanol by volume shall be allowed a minimum test temperature for a vapor-liquid ratio of twenty (20) for the following vapor lock protection classes: listed below.
a. Class 3: 113 °F
b. Class 4: 107 °F
(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation designation D 4814-09a 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel.
(c) No person shall sell or offer for sale gasoline in this state that does not comply with the following requirements:
1. The total ethanol content of gasoline shall not exceed ten percent (10% 10.0%), by volume;
2. The total methanol and co-solvents content of gasoline shall not exceed ten percent (10% 10.0%), by volume;
3. The total methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed fifteen percent (15% 15.0%), by volume;
4. The total ethanol and methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed twelve percent (12% 12.0%), by volume.
(d) All gasoline sold or distributed at retail, or offered for sale or distribution at retail shall have an octane rating ((R+M)/2) of at least 87.
(e) All gasoline with an octane rating ((R+M)/2) of 87 or higher shall have a motor octane number (MON) of at least 82.
(2) No change.
(a) Standards. All kerosene No. 1-K and No. 2-K shall conform to the chemical and physical standards for kerosene No. 1-K and No. 2-K as set forth in ASTM International Designation designation D 3699-08 3699-07, Standard Specification for Kerosine.
(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation designation D 3699-08 3699-07, Standard Specification for Kerosine.
(3) No change.
(a) Standards. All diesel fuel oils No. 1-D and No. 2-D shall conform to the chemical and physical standards for diesel fuel oils No. 1-D and No. 2-D as set forth in ASTM International Designation designation D 975-09a 975-07b, Standard Specification for Diesel Fuel Oils.
(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation designation D 975-09a 975-07b, Standard Specification for Diesel Fuel Oils.
(4) No change.
(a) Standards. All fuel oils No. 1 and No. 2 shall conform to the chemical and physical standards for fuel oils No. 1 and No. 2 as set forth in ASTM International Designation designation D 396-09 396-08, Standard Specification for Fuel Oils.
(b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation designation D 396-09 396-08, Standard Specification for Fuel Oils.
(5) Alternative Fuels.
(a)1. Denatured Ethanol. Methanol, denatured ethanol, or other alcohols;
2. Denatured Ethanol.
1.a. Standards. All denatured fuel ethanol shall conform to the chemical and physical standards for denatured fuel ethanol as set forth in the ASTM International Designation designation D 4806-09 4806-07a, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.
2.b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation designation D 4806-09 4806-07a, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.
(b) Methanol, or Other Alcohols.
(c) Mixtures containing nominally 85% by volume of methanol, denatured ethanol, or other alcohols with gasoline or other fuels, or such other percentage, determined acceptable in the specifications for such mixtures as adopted in this section to provide for requirements relating to cold start, safety, or vehicle functions:
1. No change.
a. Standards. All E85 Fuel Ethanol shall conform to the chemical and physical standards for E85 Fuel Ethanol as set forth in the ASTM International Designation designation D 5798-09b 5798-07, Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5F-2.001(1), F.A.C. with the following exceptions addition:
All E85 fuel Ethanol shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5F-2.001(1), F.A.C.
(i) E85 Fuel Ethanol of Class 1 Type shall have a minimum vapor pressure limit of 4.5 psi. This provision shall expire on November 30, 2010.
(ii) E85 Fuel Ethanol of Class 2 Type shall have a minimum vapor pressure limit of 5.0 psi. This provision shall expire on April 30, 2011.
b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation designation D 5798-09b 5798-07, Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.
2. No change.
a. Standards. All M85 Fuel Methanol shall conform to the chemical and physical standards for Fuel Methanol as set forth in the ASTM International Designation designation D 5797-07, Standard Specification for M85 Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines with the following addition: All M85 Fuel Methanol shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5F-2.001(1), F.A.C.
b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation designation D 5797-07, Standard Specification for M85 Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.
(d)(c) Fuels, other than alcohol, derived from biological materials:
1. No change.
a. Standards. Biodiesel and B99 shall meet the specifications set forth by ASTM International Designation designation D 6751-09 6751-07b, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.
b. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation designation D 6751-09 6751-07b, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.
2. No change.
a. Standards. Biodiesel blends containing diesel fuel shall meet the specifications set forth by ASTM International Designation designation D 7467-09a 975-07b, Standard Specification for Diesel Fuel Oils, Biodiesel Blend (B6 to B20).
b. Standards. Biodiesel blends containing fuel oil shall meet the specifications set forth by ASTM International Designation designation D 396-09 396-08, Standard Specification for Fuel Oils.
c. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation designation D 7467-09a 975-07b Standard Specification for Diesel Fuel Oils, Biodiesel Blend (B6 to B20).
d. Analysis. For purposes of inspection and testing biodiesel blends containing fuel oil, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation designation D 396-09 396-08, Standard Specification for Fuel Oils.
(6) Water in Retail Storage Tanks.
(a) Water in storage tanks containing products, with the exception of products listed in paragraph (6)(b), enumerated in this rule section and from which products are sold at retail shall not exceed two inches in depth when measured from the bottom of the tank.
(b) Water in storage tanks containg gasoline blended with one (1) or more percent ethanol, by volume; E85; M85; biodiesel; or biodiesel blends containing more than five (5) percent biodiesel, by volume, shall not exceed one quarter inch in depth when measured from the bottom of the tank.
(7) In accordance with Section 525.035, Florida Statutes, any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule, shall be placed under Stop Sale Order by the Department using DACS Form 03206, Stop Sale Order, Rev. 1/09, and the measuring devices and storage tanks of said product shall be sealed by the Department with DACS Form 03537, Warning Tag, Rev. 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the Department from the Stop Sale Order in accordance with Section 525.035, Florida Statutes, using DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
(8) In accordance with Section 525.037, Florida Statutes, any petroleum fuel that fails to meet applicable standards, as adopted in this rule, shall be placed under Stop Sale Order by the Department using DACS Form 03206, Stop Sale Order, Rev. 1/09, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the Department with DACS Form 03537, Warning Tag, Rev. 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the Department from the Stop Sale Order in accordance with s. 525.037, Florida Statutes, using DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
(9) Materials. The following materials are hereby incorporated by reference. Copies of these publications may be obtained from ASTM International, 100 Barr Harbor Drive, West Conshohocken, PA 19428, or http://www.astm.org and are also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650.
(a) ASTM International Designation designation D 4814-09a 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel.
(b) ASTM International Designation designation D 3699-08 3699-07, Standard Specification for Kerosine.
(c) ASTM International Designation designation D 975-09a 975-07b, Standard Specification for Diesel Fuel Oils.
(d) ASTM International Designation designation D 396-09 396-08, Standard Specification for Fuel Oils.
(e) ASTM International Designation designation D 4806-09 4806-07a, Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.
(f) ASTM International Designation designation D 5798-09b 5798-07, Standard Specification for Fuel Ethanol (Ed75-Ed85) for Automotive Spark-Ignition Engines.
(g) ASTM International Designation designation D 5797-07, Standard Specification for M85 Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.
(h) ASTM International Designation designation D 6751-09 6751-07b, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.
(i) ASTM International Designation D 7467-09a Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).
Rulemaking Specific Authority 525.037, 525.14, 570.07(23) FS. Law Implemented 525.01, 525.035, 525.037, 525.14 FS. History Amended 1-15-68, 7-1-71, 7-1-73, 12-1-73, 11-16-74, 2-13-80, 5-3-83, Formerly 5F-2.01, Amended 5-3-90, 8-13-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 4-18-05, 6-1-06, 5-6-08,_________.
5F-2.002 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.
(1) Gasoline GASOLINE. All gasoline witheld from sale to the public under the provisions of this section shall be dispositioned in accordance with the procedures in subsections (5) and (6).
(a) Gasoline found not in compliance below the standard by reason of containing water, sediment, or suspended matter shall be withheld from sale to the public by the Department of Agriculture and Consumer Services until brought up to standard.
(b) Gasoline with found below standard because of an octane rating difference of more than one (1.0), but not more than two (2.0) from the octane rating ((R+M)/2), displayed on the dispenser shall be withheld from sale to the public until it meets or exceeds the octane rating ((R+M)/2) displayed on the dispenser. If the product meets the specifications for a lesser grade of gasoline, it may be labeled as the lesser grade and released for sale to the public.
(c) Gasoline blended with ethanol found to have an ethanol content of more than one (1.0) percent by volume, but not more than three (3.0) percent by volume, above or below the posted ethanol content displayed on the dispenser shall be withheld from sale to the public until it has been brought up to standard or relabeled appropriately. No concentration shall be permitted to be less than one (1.0) percent by volume ethanol if the product is labeled as containing ethanol according to the requirements in subsection 5F-2.003(7), F.A.C.
(d) Gasoline found not in compliance below standard because of a silver corrosion rating of two (2) shall be withheld from sale to the public until it conforms to the silver corrosion standard for gasoline as set forth in ASTM International Designation designation D 4814-09a 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel,. or is replaced with a suitable product that conforms to the silver corrosion standard for gasoline as set forth in ASTM International designation D 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel.
(e) Gasoline found not in compliance from June 1 through September 15 because of a vapor pressure of up to and including 11.0 psi as set forth in ASTM International Designation D 4814-09a, Standard Specification for Automotive Spark-Ignition Engine Fuel. Gasoline not meeting specifications stated in ASTM International D 4814-07b, Standard Specification for Automotive Spark-Ignition Engine Fuel for reasons other than those enumerated in paragraphs (1)(a), (b), (c) or (d) shall be subject to penalties provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.
(2) Kerosene KEROSENE. All kerosene witheld from sale to the public under the provisions of this section shall be dispositioned in accordance with the procedures in subsections (5) and (6).
(a) Kerosene found not in compliance below standard by reason of containing water, sediment, or suspended matter, or failing to meet the standard for color shall not have an assessment levied, by the Department, but shall be withheld from sale to the public until brought up to standard.
(b) Kerosene found not in compliance by reason of color. Kerosene not meeting specifications stated in ASTM International D 3699-07, Standard Specification for Kerosine for reasons other than those enumerated in paragraph (2)(a) shall be subject to penalties provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.
(3) Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2. All Diesel Fuel Oils No. 1-D and No. 2-D, and Fuel Oils No. 1 and No. 2 witheld from sale to the public under the provisions of this section shall be dispositioned in accordance with the procedures in subsections (5) and (6). DIESEL FUEL OILS No. 1-D AND No. 2-D, AND FUEL OILS No. 1 AND No. 2.
(a) All Diesel fuel oils and fuel oils found not in compliance below standard by reason of containing excessive amounts of water, and sediment, or suspended matter shall not have an assessment levied but shall be withheld from sale to the public until they are brought up to standard.
(b) Diesel fuel oils No. 2-D found not in compliance with below the flash point standard, but above not below 100°F, shall not have an assessment levied but shall be withheld from sale to the public until brought up to standard.
(c) Diesel fuel oils No. 1-D and No. 2-D found not in compliance with above the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur shall not have an assessment levied, but shall be withheld from sale to the public until brought up to standard or relabeled appropriately.
(d) Diesel fuel oils No. 1-D and No. 2-D, and fuel oils No. 1 and No. 2 not meeting specifications stated in ASTM International D 975-07b, Standard Specification for Diesel Fuel Oils and ASTM International D 396-08, Standard Specification for Fuel Oils, respectively for reasons other than those enumerated in paragraphs (3)(a), (b) or (c) shall be subject to the penalties as provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.
(4) Alternative Fuels ALTERNATIVE FUELS. All alternative fuels witheld from sale to the public under the provisions of this section shall be dispositioned in accordance with the procedures in subsections (5) and (6).
(a) Alternative Fuels found not in compliance by reason of containing water, sediment, or suspended matter below standard shall be withheld from sale to the public until brought up to standard.
(b) A biodiesel blend found to have a biodiesel content of more than two (2.0) percent by volume, but not more than five (5.0) percent by volume, above or below the posted biodiesel content displayed on the dispenser shall be withheld from sale to the public until it has been brought up to standard or relabeled appropriately.
(c) A biodiesel blend (with No. 2-D diesel fuel oil) found not in compliance with the flash point standard, but above 100°F.
(d) Biodiesel and biodiesel blends found not in compliance with the ultra-low (S15) sulfur standard, but equal to or below 35 ppm sulfur.
(c) Alternative Fuels found below standard for reasons other than those enumerated in paragraph (4)(b) shall be subject to the penalties as provided in Section 525.16, F.S. These penalties are specified in Rule 5F-2.016, F.A.C.
(5) In accordance with Section 525.035, Florida Statutes, any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule, shall be placed under Stop Sale Order by the Department using DACS Form 03206, Stop Sale Order, Rev. 1/09, and the measuring devices and storage tanks of said product shall be sealed by the Department with DACS Form 03537, Warning Tag, Rev. 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the Department from the Stop Sale Order in accordance with Section 525.035, Florida Statutes, using DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
(6) In accordance with Section 525.037, Florida Statutes, any petroleum fuel that fails to meet applicable standards, as adopted in this rule, shall be placed under Stop Sale Order by the Department using DACS Form 03206, Stop Sale Order, Rev. 1/09, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the Department with DACS Form 03537, Warning Tag, Rev. 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the Department from the Stop Sale Order in accordance with Section 525.037, Florida Statutes, using DACS Form 03209, Release, Rev. 1/09. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
Rulemaking Specific Authority 525.037, 525.14, 570.07(23) 525.16 FS. Law Implemented 525.035, 525.037, 525.16 FS. History Amended 7-1-71, 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,_______.
5F-2.003 Registration and Identification.
(1) All terminal suppliers, importers, and wholesalers registered with the Florida Department of Revenue and manufacturers shall submit DACS Form 03202, Gasoline and Oil Inspection Affadavit and Inspection Report, Rev. 8/09, to the Department before selling or offering for sale any pertroleum fuel in this state. The applicant shall also list all manufacturers, terminal suppliers, wholesalers, and/or importers of the petroleum fuel to be sold and establish responsibility for payment of the inspection fee pursuant to Section 525.09, Florida Statutes. The applicant must also identify themselves as a manufacturer, terminal supplier, wholesaler, or importer as defined below. The Department of Agriculture and Consumer Services will furnish on request Form DACS-03202E for making statements and affidavits required in Section 525.01, F.S. Form DACS-03202E is effective 11-29-94, (Rev. 6/01) and is hereby adopted and incorporated by reference herein. This The form is hereby adopted and incorporated by reference and may be obtained by writing or visiting the Department of Agriculture and Consumer Services, Division of Standards, Bureau of Petroleum Inspection, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650 or at http://www.doacs.state.fl.us/onestop/std/petinsp.html. http://www.doacs.state.fl.us/onestop/forms/03202.pdf.
(a) A manufacturer is any company or business entity producing petroleum fuel.
(b) A terminal supplier for purposes of this rule chapter means any position holder that has been licensed by the Department of Revenue as a terminal supplier, that has met the requirements of Sections 206.05 and 206.90, Florida Statutes, and that is registered under the Internal Revenue Code (26 USC 4101) for transactions involving the bulk storage and transfer of taxable motor or diesel fuels.
(c) A wholesaler for purposes of this rule chapter means any person who holds a valid wholesaler of taxable fuel license issued by the Florida Department of Revenue as a wholesaler as defined in Section 206.01(4), Florida Statutes.
(d) An importer for purposes of this rule chapter means any person that has met the requirements of Section 206.051, Florida Statutes, and is licensed by the Department of Revenue to import motor fuel or diesel fuel upon which no pre-collection of tax has occurred, other than through bulk transfer, into this state by common carrier or company-owned trucks.
(2) Every retail gasoline dispenser shall have the octane rating of the gasoline being sold therefrom conspicuously and firmly posted in a manner conforming with 16 CFR Part 306.12 (2008), 16 Code of Federal Regulations Part 306 (1-1-07 Edition) which is hereby adopted by reference. Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.gpoaccess.gov/index.html.
(3) through (6) No change.
(7)(a) All gasoline kept, offered, or exposed for sale, or sold, at retail, containing at least one percent but no more than 10% by volume of ethanol, methanol, or a combination shall be identified as contains 10% or less ethanol or contains 1-10% ethanol, contains 10% or less methanol or contains 1-10% methanol, or contains 10% or less ethanol/methanol or contains 1-10% ethanol/methanol, or other definitive equivalent statement declaring the presence of methanol, ethanol, or combination on the upper fifty percent of the dispenser front panel in a position clear and conspicuous from the drivers position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type). Gasoline kept, offered, or exposed for sale, or sold, at retail, containing specifically ten percent by volume of ethanol may be identified as E10 and contains ethanol or other definitive equivalent statement declaring the presence of ethanol on the upper fifty percent of the dispenser fron panel in a position clear and conspicuous from the drivers position, in a type at least 1/2 inch in height and 1/16 inch stroke (width of type).
(b) Labels placed on any multi-product dispensers must be placed in a position and contain wording so as to clearly and conspicuously identify the presence of ethanol in all such products that contain ethanol. Such labels and placement must not be in such a manner that may suggest products not blended with ethanol contain ethanol. This may be accomplished by use of the words all gasoline on the label; specifically identify each product that contains ethanol through language or by arrangement of labels on the dispenser; or through other such clear and conspicuous means.
(8) All alternative fuel kept, offered, or exposed for sale, or sold, at retail that contains more than 10% ethanol, methanol or other alcohol shall be identified by a name indicating the amount and type(s) of ethanol, methanol or other alcohol in the fuel and shall be labeled as such on the vertical surface of each dispenser housing in a manner conforming with the layout, type size and setting, color, and label protection requirements of 16 CFR Part 306.12 (2008), 16 Code of Federal Regulations, Part 306.12 (1-1-07 Edition). Copies of this publication may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or at http://www.gpoaccess.gov/index.html.
(a) No change.
(b) Methanol mixed with gasoline and containing a methanol content of nominally 80%-85% shall be identified as M85 Fuel Methanol and For Flex Fuel Vehicles Only. Such fuels shall also contain a label on the vertical surface of each dispenser housing on each side that has measure and price meters and located on the upper fifty percent of the dispenser front panel in a type at least 1/2 inch in height and 1/16 inch stroke (width of type) that reads as follows:
THIS PRODUCT CONTAINS METHANOL AND MAY NOT BE SUITABLE FOR USE IN ALL FLEX-FUEL VEHICLES. CONSULT WITH YOUR ENGINE MANUFACTURER OR OWNERS MANUAL BEFORE USE.
(9) through (11) No change.
(12) In accordance with Section 525.035, Florida Statutes, any petroleum fuel that fails to meet applicable labeling requirements, as adopted in this rule, shall be placed under Stop Sale Order by the Department using DACS Form 03206, Stop Sale Order, Rev. 1/09, and the measuring devices and storage tanks of said product shall be sealed by the Department with DACS Form 03537, Warning Tag, Rev. 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the Department from the Stop Sale Order in accordance with Section 525.035, Florida Statutes, using DACS Form 03209, Release, Rev. 1/09.
(13) In accordance with Section 525.037, Florida Statutes, any petroleum fuel that fails to meet applicable standards, as adopted in this rule, shall be placed under Stop Sale Order by the Department using DACS Form 03206, Stop Sale Order, Rev. 1/09, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the Department with DACS Form 03537, Warning Tag, Rev. 1/09, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the Department from the Stop Sale Order in accordance with Section 525.037, Florida Statutes, using DACS Form 03209, Release, Rev. 1/09.
Rulemaking Specific Authority 525.14, 570.07(23) 526.09 FS. Law Implemented 525.01, 525.035, 525.037, 525.09, 525.14, 526.01(1), (3) FS. HistoryAmended 12-31-74, 2-13-80, 5-3-83, 4-22-85, Formerly 5F-2.03, Amended 11-28-89, 1-24-93, 11-24-94, 6-1-06, 5-6-08,_______.
5F-2.005 Inaccurate Measuring Devices.
(1) through (2) No change.
(3) If any petroleum fuel measuring device is found to be overregistering fuel in excess of the specifications and tolerances established by the department in Rule 5F-2.014, F.A.C., the device shall be placed out-of-service by the Department with DACS Form 03538, Out of Service, Rev. 1/09, and prohibited from further use. Such measuring devices placed out-of-service for inaccuracy shall be rendered inoperative either by removal or by the locking of working parts with lead and wire seal and shall not be put back in service without reinspection or the written consent of the department.
(4) If three or more petroleum fuel measuring devices at any petroleum retail facility are each found to be overregistering fuel in excess of 25 cubic inches, the devices shall be placed out-of-service by the Department with DACS Form 03538, Out of Service, Rev. 1/09, and prohibited from further use. The nozzles of such petroleum measuring devices placed out-of-service for inaccuracy shall be covered with a red plastic bag and the measuring devices shall be rendered inoperative either by the removal or by the locking of working parts with lead and wire seal. The measuring devices shall not be put back in service without reinspection or the written consent of the department.
(5) All persons or service agencies that repair or install petroleum fuel measuring devices must register with the department on DACS Form 03320, Application for Registration of Service Agencies, Rev. 3/09, and DACS Form 03556, Application for Registration Authorized Meter Mechanic, Rev. 1/09. Any such registered person or sevice agency must immediately notify the department at (850)487-2634 or by fax at (850)488-7239, after any repairs and/or adjustments to any petroleum measuring devices have been made. In order to make application for registration as an authorized meter mechanic you must:
(a) Maintain a test measure of appropriate size according to the National Instituate of Standards and Technology (NIST) Handbook 44, as adopted in subsection 5F-2.014(1), F.A.C., that has been calibrated with standards traceable to NIST, pursuant to Section 525.07(9), Florida Statutes.
(b) Use a sealing iron bearing the registered mechanics name or initials that are on file with the Department.
(c) Have proof of at least one year of experience working as a meter mechanic. If such applicant does not possess one year of experience working as a meter mechanic, the applicant may work for a service agency that repairs or installs petroleum fuel measuring devices that is currently registered with the Department.
(d) Annually apply in person at the Florida Department of Agriculture and Consumer Services, Division of Standards, 3125 Conner Blvd., Tallahassee, FL 32399, or at an annual clinic hosted by the Department, to participate in review of current rules and regulations. Annual clinic schedules for retail, high-volume, and liquefied petroleum gas meters may be obtained by contacting the Department at (850)487-2634.
(6) The department forms referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
(7) In accordance with Section 525.07, Florida Statutes, any measuring device that fails to meet applicable requirements, as adopted in this rule, shall be placed out of service by the Department using DACS Form 03538, Out of Service, Rev. 1/09, prohibiting the use of the measuring device. Upon conformance with the applicable requirement, the Out of Service tag shall be removed from the measuring device. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
Rulemaking Specific Authority 525.07, 525.14, 570.07(23) FS. Law Implemented 525.07 FS. HistoryAmended 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08,_______.
5F-2.006 Inspection Identification Stickers.
(1) It shall be the duty of inspectors to affix a sticker to each petroleum measuring device, signifying that the device is inspected by the Department of Agriculture and Consumer Services and that the device owner is responsible for its proper use and maintenance. Stickers shall be placed at such a point upon measuring device where they may be easily read by the public but not at a point where they will interfere with other descriptive material on the device such as figures, lettering or words. It shall be a violation of this section for any person, unless authorized by the Department Commissioner, to remove, deface, conceal or in any way obliterate or change this official sticker after it has been affixed by an inspector.
(2) Any measuring device that fails to meet applicable requirements, as adopted in this rule, shall be placed out of service by the Department using DACS Form 03539, Out of Service, Rev. 3/09, prohibiting the use of the measuring device. Upon conformance with the applicable requirement, the Out of Service tag shall be removed from the measuring device. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
Rulemaking Specific Authority 525.14, 570.07(23) 525.07 FS. Law Implemented 525.07 FS. HistoryRepromulgated 12-31-74, Formerly 5F-2.06,_______.
5F-2.014 Adoption of the General Code and the Codes of Liquid-Measuring Devices, Liquefied Petroleum Gas and Anhydrous Ammonia Liquid-Measuring Devices, Hydrocarbon Gas Vapor-Measuring Devices, Vehicle-Tank Meters, and Vehicle Tanks Used as Measures of National Institute of Standards and Technology Handbook 44 Meter Sealing Requirements.
(1) The general code and the codes of liquid-measuring devices, liquefied petroleum gas and anhydrous ammonia liquid-measuring devices, hydrocarbon gas vapor-measuring devices, vehicle-tank meters, and vehicle tanks used as measures relating to specifications, tolerances, and other technical requirements for commercial weighing and measuring devices, contained in National Institute of Standards and Technology Handbook 44, 2009 2007 Edition, published by U.S. Department of Commerce are hereby adopted and incorporated by reference as rules of the Department of Agriculture and Consumer Services. Copies may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402 or at http://ts.nist.gov/WeightsAndMeasures/pubs.cfm#Handbooks http://ts.nist.gov.
(2) All operating petroleum fuel measuring devices must be sealed with an appropriate security seal in such a manner that the metering adjustment cannot be changed without breaking the seal. An appropriate security seal is one which has been applied by the Department or a person who is registered with the Department as a meter mechanic and bears the name of the company or the name or initials of the registered meter mechanic.
(3) Any registered person or agency that has installed a petroleum fuel measuring device must report the existence of the petroleum device to the department at (850)487-2634 or by fax at (850)488-7239, within twenty-four (24) hours after installation using DACS Form 03219, Placed in Service Report, Rev. 1/09.
(4) Any measuring device that fails to meet applicable requirements, as adopted in subsection (1) or (2) of this section, shall be placed out of service by the Department using DACS Form 03539, Out of Service, Rev. 3/09, prohibiting the use of the measuring device. Upon conformance with the applicable requirement, the Out of Service tag shall be removed from the measuring device. The documents referenced in this subsection are hereby adopted and incorporated by reference and can be viewed by visiting http://www.doacs.state.fl.us/onestop/std/petinsp.html.
Rulemaking Specific Authority 525.14, 531.40, 531.41(3), 570.07(23) FS. Law Implemented 525.07, 531.40 FS. HistoryNew 1-1-74, Amended 7-1-74, Repromulgated 12-31-74, Amended 4-18-75, 1-25-76, 1-17-77, 2-15-79, 6-4-80, 4-5-81, 5-2-82, 6-30-83, 7-15-84, 8-11-85, Formerly 5F-2.14, Amended 7-7-86, 4-5-87, 4-27-88, 5-31-89, 8-21-90, 8-5-91, 12-10-92, 11-29-94, 11-13-97, 12-9-98, 8-3-99, 7-31-00, 9-3-01, 8-15-02, 6-29-03, 6-21-04, 6-1-06, 5-6-08,_______.
(Substantial rewording of Rule 5F-2.016. See Florida Administrative Code for present text.)
5F-2.016 Guidelines for Imposing Administrative Penalties.
(1) This rule sets forth the guidelines the department will follow in imposing the penalties authorized under Chapter 525, Florida Statutes. The purpose of the guidelines is to give notice of the range of penalties, which normally will be imposed for a single 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 $1,000 per violation for a first-time offender or $5,000 per violation for second-time or subsequent offender, or for a willful 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) The department will enforce compliance with Chapter 525, Florida Statutes, and this rule chapter by issuing an administrative complaint, stop sale order, and/or notice of noncompliance for violations of Chapter 525, Florida Statutes, and this rule chapter.
(3) Nothing in this chapter shall limit the ability of the department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.
(4) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule chapter shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule chapter, the penalty will be determined by consideration of:
1. The closest analogous violation, if any, that is listed in this rule; and
2. The mitigating or aggravating factors listed in this rule.
(5) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 525, Florida Statutes, and this rule chapter. The factors shall be applied against each single count of the listed violation.
(a) Aggravating Factors:
1. The violation caused or has the potential to cause harm to a person or property and the degree or extent of such harm.
2. The violation endangered the public safety or welfare.
3. Previous violations for the same or a similar offense that resulted in enforcement action.
4. The length of time the business has been in operation and the violation history over the past three years.
5. The violation existed for an extended period of time.
6. The violation was repeated within a short period of time.
7. The violator impeded, or otherwise failed to cooperate with, the departments inspection and/or investigation.
8. Previous disciplinary action against the violator in this or any other jurisdiction and the deterrent effect of the penalty imposed.
9. Undue delay in initiating or completing, or failure to take, affirmative or corrective action after receipt of the stop sale order or notice of non-compliance for the violation.
10. Whether the violation resulted from negligence or an intentional act.
11. The cost of enforcement action.
12. The number of other violations proven in the same proceeding.
13. The benefit to the violator.
(b) Mitigating Factors:
1. Any documented efforts by the violator at rehabilitation.
2. Whether intentional actions of another party prevented the violator from complying with the applicable laws or rules.
3. Financial hardship.
4. Acts of God or nature that impairs the ability of the violator to comply with Chapter 525, Florida Statutes, or Chapter 5F-2, Florida Administrative Code.
5. The violation has a low risk of, or did not result in, harm to the public health, safety, or welfare.
6. The violator expeditiously took affirmative or corrective action after it received written notification of the violation, including costs incurred by the violator for rectifying any damage or harm to consumers vehicles and/or property.
7. The number and seriousness of the counts in the administrative complaint.
8. The disciplinary history of the person committing the violation.
9. If a repeat violation, whether three years has passed since the prior violation.
(6) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.
(7) In addition to the penalties established in this rule, the department reserves the right to seek to recover any other costs, penalties, attorneys fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the department reserves the right to seek to recover any costs, penalties, attorneys fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the department.
(8) Penalties.
(a) Notice of Noncompliance. Any department investigation or inspection which reveals violations listed in this subsection of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the departments first response to the violation. For the purposes of this rule, the following violations shall result in the issuance of a notice of noncompliance:
1. Violations to subsection 5F-2.014(1), F.A.C., where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.
2. Violations to Rule 5F-7.005, F.A.C., pertaining to petroleum products and applications, where the violation has a low potential for causing economic or physical harm to a person; adversely affecting the public health, safety, or welfare; or creating a significant threat of such harm, if left uncorrected.
3. Misrepresentation of the price of petroleum fuel on a display, a violation of Section 531.44, F.S.
4. Violations of subsection 5F-2.005(2), F.A.C.
5. Violations of subsection 5F-2.014(3), F.A.C.
(b) Minor Violations. A violation of Chapter 525, Florida Statutes, 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 the issuance of a stop sale order, or the device removed from service as specified below. For the purposes of this rule, the following violations shall be considered minor violations:
1. Violations of subsection 5F-2.001(6), F.A.C.
2. Violations of paragraph 5F-2.002(1)(b), (c), (d), or (e), F.A.C.
3. Violations of paragraph 5F-2.002(2)(b), F.A.C.
4. Violations of paragraph 5F-2.002(3)(b) or (c), F.A.C.
5. Violations of paragraph 5F-2.002(4)(b), (c), or (d), F.A.C.
6. Violations of paragraph 5F-2.003(7)(b), F.A.C.
7. The following violations shall result in the removal of affected equipment from service.
a. Indicator inoperable or unreadable.
b. Indicator advancing when the device is activated.
c. Air eliminator missing or inoperable.
d. Inoperative interlock.
e. Indicator movement without nozzle activation.
f. Meter over-registering more than six cubic inches.
g. Incorrect indicator.
h. Operating a meter without an appropriate security seal or improperly sealed.
i. Leaking swivel.
j. Exposed electrical wires.
k. Leaking filter.
l. Leaking impact valves.
m. Leaking vapor pump.
n. Leaking nozzle.
o. Impact valve inoperable.
p. Leaking meter.
q. Incorrect dispenser type for product being dispensed.
r. Leaking dispenser hose.
s. Violations of subsection 5F-2.005(3) or (4), F.A.C.
t. Violations of subsection 5F-2.006(1), F.A.C.
u. Any violations to subsection 5F-2.014(1), F.A.C., where the device and/or equipment is required to be immediately removed from service due to the potential for causing economic or physical harm to a person; due to the potential for adversely affecting the public health, safety, or welfare; or due to the potential to create a significant threat of such harm, if left uncorrected.
v. Any violations to Rule 5F-7.005, F.A.C., pertaining to petroleum products and applications, where the device and/or equipment is required to be immediately removed from service due to the potential for causing economic or physical harm to a person; due to the potential for adversely affecting the public health, safety, or welfare; or due to the potential to create a significant threat of such harm, if left uncorrected.
(c) Major Violations. A violation of a Chapter 525, Florida Statutes, or this rule chapter is a major violation if it results in economic or physical harm to a person or adversely affects the public health, safety, or welfare or creates a significant threat of such harm. Major violations shall result in the issuance of a stop sale order and imposition of an administrative fine of $500 per violation, for first-time offenders, and $2,500 per violation, for second-time or repeat offenders, as outlined in Section 525.16(1)(b), F.S. Aggravating factors, as defined in paragraph (5)(a) of this section, shall warrant the adjustment of the fine upward and mitigating factors, as defined in paragraph (5)(b) of this section, shall warrant the adjustment of the fine downward, but no fine shall exceed the statutory maxima as outlined in Section 525.16(1)(a), F.S. For the purposes of this rule, the following violations shall be considered major violations:
1. Failure to meet the volatility requirements for gasoline blended with ethanol as specified in subparagraph 5F-2.001(1)(a)1., 2., or 3., F.A.C.
2. Failure to meet the vapor pressure requirements for gasoline (including gasoline blended with oxygenates); including, if greater than 11.0 psi from the time period June 1, through September 15.
3. Failure to meet the minimum anti-knock index (AKI) or octane rating requirements for gasoline (including gasoline blended with oxygenates); specifically, gasoline found to be more than two (2) less than the posted rating.
4. Violations of paragraph 5F-2.001(1)(c), (d), or (e), F.A.C.
5. Failure to match the posted ethanol content for gasoline blended with ethanol; specifically, when the ethanol content is found to be more than three (3.0) percent by volume from the posted ethanol content (percentage by volume).
6. Failure to meet the silver corrosion standard for gasoline (including gasoline blended with oxygenates); specifically, when the rating is greater than two (2).
7. Failure to meet the flash point requirements for No. 2 diesel fuels and biodiesel blends (with No. 2 diesel fuels); specifically, when the flash point is found to be less than 100 °F.
8. Failure to meet the sulfur requirements for ultra-low sulfur diesel (ULSD) fuels and biodiesel blends (with ULSD fuels); specifically, when the sulfur content is found to be greater than 35 ppm.
9. Violations of sub-subparagraphs 5F-2.001(5)(c)1.a.(i) and (ii), F.A.C.
10. Violations of subparagraph 5F-2.001(5)(d)2., F.A.C., pertaining to the maximum biodiesel content allowed in biodiesel blends (with diesel fuels or fuel oils).
11. Failure to match the posted biodiesel content for biodiesel blends (with diesel fuels or fuel oils); specifically, when the biodiesel content is found to be more than five (5.0) percent by volume from the posted biodiesel content (percentage by volume).
12. Any fuel found below standard by reason of containing water, sediment, and/or suspended matter.
13. Failure to meet any other requirements listed in the standards for gasoline (including gasoline blended with oxygenates), as incorporated through the adopted version of ASTM International Designation D 4814 in paragraph 5F-2.001(1)(a), F.A.C., not already listed is this section.
14. Failure to meet any other requirements listed in the standards for kerosene (kerosine), as incorporated through the adopted version of ASTM International Designation D 3699 in paragraph 5F-2.001(2)(a), F.A.C., not already listed in this section.
15. Failure to meet any other requirements listed in the standards for diesel fuel oils No. 1-D and No. 2-D, as incorporated through the adopted version of ASTM International Designation D 975 in paragraph 5F-2.001(3)(a), F.A.C., not already listed in this section.
16. Failure to meet any other requirements listed in the standards for fuel oils No. 1 and No. 2, as incorporated through the adopted version of ASTM International Designation D 396 in paragraph 5F-2.001(4)(a), F.A.C., not already listed in this section.
17. Failure to meet any requirements listed in the standards for denatured fuel ethanol, as incorporated through the adopted version of ASTM International Designation D 4806 in subparagraph 5F-2.001(5)(a)1., F.A.C.
18. Failure to meet any other requirements listed in the standards for E85 Fuel Ethanol, as incorporated through the adopted version of ASTM International Designation D 5798 in sub-subparagraph 5F-2.001(5)(c)1.a., F.A.C., not already listed in this section.
19. Failure to meet any other requirements listed in the standards for M85 Fuel Methanol, as incorporated through the adopted version of ASTM International Designation D 5797 in sub-subparagraph 5F-2.001(5)(c)2.a., F.A.C., not already listed in this section.
20. Failure to meet any requirements listed in the standards for biodiesel fuel blend stock (or biodiesel), as incorporated through the adopted version of ASTM International Designation D 6751 in sub-subparagraph 5F-2.001(5)(d)1.a., F.A.C.
21. Failure to meet any other requirements listed in the standards for biodiesel blends (with diesel fuel), as incorporated through the adopted version of ASTM International Designation D 7467 in sub-subparagraph 5F-2.001(5)(d)2.a., F.A.C., not already listed in this section.
22. Failure to meet any other requirements listed in the standards for biodiesel blends (with fuel oil), as incorporated through the adopted version of ASTM International Designation D 396 in sub-subparagraph 5F-2.001(5)(d)2.b., F.A.C., not already listed in this section.
23. Violations of paragraph 5F-2.003(7)(a), F.A.C.
24. Violations of subsection 5F-2.005(5), F.A.C.
25. Violations of subsection 5F-2.014(2), F.A.C.
26. Failure to correct violations of law, rule, or adopted sections of NIST Handbook 44 or NIST Handbook 130 (pertaining to petroleum measuring devices, as adopted in Rule 5F-7.005, F.A.C.) within the time period specified in a notice of non-compliance.
(d) Willful Violations.
1. Any willful and intentional violation of Chapter 525, Florida Statutes, or this rule chapter or of any requirement or standard adopted pursuant thereto, not otherwise included in this section shall result in the imposition of an administrative fine of up to $5,000 per violation.
2. Any willful and intentional violation of a stop sale order; the conditions stipulated on a release; or a notice of noncompliance.
(9) Resolution of Violations, Settlement, and Additional Enforcement Remedies.
(a) The department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or enter into settlement pursuant to Section 120.57(4), Florida Statutes. The penalties addressed in this rule chapter shall not be construed to limit the authority of the department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or Chapter 525, Florida Statutes.
(b) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The department shall impose administrative fines in a Default Final Order equal to the maximum amount as allowable under Section 525.16(1)(a), Florida Statutes.
(c) A failure to comply with either a Final Order or a Default Final Order of the department shall result in any applicable registration revocation and an administrative fine equal to the maximum amount as allowable under Section 525.16(1)(a), Florida Statutes. Additional penalties shall be sought through the enforcement of the order in circuit court.
Rulemaking Specific Authority 525.14, 570.07(23) FS. Law Implemented 525.16 FS. HistoryNew 2-24-00, Amended 7-30-02, 6-1-06, 5-6-08,________.
