Section 5J-21.005 - Inaccurate Measuring Devices(1) For the purpose of Section 525.07, F.S., and this rule, the term "short measure" shall mean the overregistering of fuel by a petroleum fuel measuring device.(2) If any petroleum fuel measuring device is found to be underregistering fuel in excess of the specifications and tolerances established by the department in Rule 5J-21.007, F.A.C., the inspector shall give in writing the operator or owner of the device up to seven days to fix or adjust the device.(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 5J-21.007, F.A.C., the device shall be placed out-of-service by the department through issuance of a Stop Use Order, 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) All persons and service agencies that repair or install petroleum fuel measuring devices must register with the department on FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, as incorporated by reference in Rule 5J-22.003, F.A.C. Any such registered person or service agency must immediately notify the department at (850)921-1545, or by email at Standards-Field@fdacs.gov, or by fax at (850)921-1548, after any repairs and/or adjustments to any petroleum measuring devices have been made. Failure of a registered meter mechanic or service agency to notify the department after any repairs and/or adjustments to any petroleum measuring devices that have been made as required is subject to administrative penalties as enumerated in Rule 5J-21.008, F.A.C. 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 Institute of Standards and Technology (NIST) Handbook 44, as incorporated by reference in Rule 5J-22.002, F.A.C., that has been calibrated with standards traceable to NIST, pursuant to Section 525.07(9), F.S.(b) Maintain a sealing iron bearing at least the registered mechanic's name or initials that are on file with the Department. Use said sealing iron to imprint security seals each time a seal is required to be installed, replaced or affixed.(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 Consumer Services, Bureau of Standards, 2005 Apalachee Parkway, Tallahassee, FL 32399, or submit the following documents to the department via email at Standards-Field@fdacs.gov or by Fax (850-921-1548): FDACS-10990, Weights and Measures Device Mechanic Registration Application, Rev. 02/17, a current calibration report for the test measure(s) meeting the requirement listed in paragraph (4)(a) of this rule, a picture of the sealing iron bearing at least the registered mechanics name or initials, and proof of at least one year of experience working as a meter mechanic or proof of working for a service agency currently registered with the department that repairs or installs petroleum fuel measuring devices. The review of current rules and regulations is also required and shall be accomplished by viewing an online presentation found at https://www.fdacs.gov/Business-Services/Petroleum-Inspection. Information regarding the department-provided presentation may be obtained by contacting the department at (850)921-1545.(5) Any measuring device that fails to meet applicable requirements, as adopted in this rule chapter, shall be placed out of service by the department through issuance of a Stop Use Order, prohibiting the use of the measuring device.Fla. Admin. Code Ann. R. 5J-21.005
Rulemaking Authority 525.14, 531.41, 570.07(23) FS. Law Implemented 525.07 FS.
Amended 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10, Amended by Florida Register Volume 40, Number 247, December 23, 2014, effective 1/7/2015, Formerly RSA 5F-2.005, Amended by Florida Register Volume 46, Number 215, November 3, 2020 effective 11/15/2020, Amended by Florida Register Volume 48, Number 026, February 8, 2022 effective 2/20/2022.New 7-1-74, Repromulgated 12-31-74, 5-3-83, Formerly 5F-2.05, Amended 11-29-94, 5-6-08, 1-3-10, 1-7-15, Formerly 5F-2.005, Amended 11-15-20, 2-20-22.