Effective date: 4/3/2014

    (1) Gasoline (includes gasoline blended with oxygenates). The following specifications apply to gasoline sold or offered for sale in Florida. Specific variations or exemptions shall be considered by the Department of Agriculture and Consumer Services for gasoline designed for special equipment or service in accordance with Florida Statutes § 120.542, Variances and Waivers.
    (a) Standards. All gasoline shall conform to the chemical and physical standards for gasoline as set forth in ASTM International Designation D4814-13a (approved June 15, 2013), “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 D4814-13a (approved June 15, 2013), “Standard Specification for Automotive Spark-Ignition Engine Fuel” except where noted:
    1. Vapor Pressure Class Requirements:
    a. Gasoline containing at least one (1) 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 D4814-13a (approved June 15, 2013), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”
    b. Gasoline subject to the Class AA Vapor Pressure Requirements shall only be required to meet the Class A Vapor Pressure Requirements.
    2. If, prior to blending with ethanol, the base gasoline has either a maximum distillation temperature at the fifty volume percent evaporated distillation point of up to 10° F above the maximum or has a driveability index (DI) of up to 30 above the maximum, as stated for the proper distillation class in ASTM International Designation D4814-13a (approved June 15, 2013), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, or has both, the fuel may be sold, distributed or offered for sale or distribution provided that the department is contacted at (850)921-1545 prior to exercising this option and is provided with a documented company statement attesting to and demonstrating the following:
    a. The affected fuel will only be sold, offered for sale, distributed or offered for distribution after blending with at least nine (9%) percent ethanol, by volume.
    b. The base gasoline meets all other specifications for spark-ignition engine fuels as set forth in ASTM International Designation D4814-13a (approved June 15, 2013), “Standard Specification for Automotive Spark-Ignition Engine Fuel”.
    c. The fuel meets all specifications for gasoline as defined in this subsection after blending with at least nine (9%) percent ethanol, by volume.
    d. The fuel will be tested by the owner after blending (hand blend samples are acceptable), but before selling, distributing, offering for sale or distribution, and it shall be demonstrated that the fuel meets all specifications for gasoline as defined in ASTM International Designation D4814-13a (approved June 15, 2013), “Standard Specification for Automotive Spark-Ignition Engine Fuel”, which shall be displayed on a certificate of analysis or laboratory report. Such documentation must be made available to the department upon request.
    e. The storage location(s) of the fuel intended to be blended under this provision.
    (b) Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D4814-13a (approved June 15, 2013), “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 Environmental Protection Agency has approved the use of gasoline containing up to 15% ethanol, by volume, in model year 2001 and newer vehicles. The total ethanol content of gasoline shall not exceed fifteen percent (15%), by volume; or
    2. The total methanol and co-solvents content of gasoline shall not exceed ten percent (10%), by volume; or
    3. The total methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed fifteen percent (15%), by volume; or
    4. The total ethanol and methyl tertiary butyl ether (MTBE) content of gasoline shall not exceed fifteen percent (15%), by volume; or
    5. The total butanol content of gasoline shall not exceed twelve and a half percent (12.5%), 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) Kerosene (Kerosine). The following specifications apply to kerosene No. 1-K and No. 2-K sold or offered for sale in Florida.
    (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 D3699-13a (approved June 15, 2013), “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 D3699-13a (approved June 15, 2013), “Standard Specification for Kerosine.”
    (3) Diesel Fuel Oils No. 1-D and No. 2-D. The following specifications apply to diesel fuel oils No. 1-D and No. 2-D sold or offered for sale in Florida.
    (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 D975-13 (approved May 1, 2013), “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 D975-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oils.”
    (4) Fuel Oils No. 1 and No. 2. The following specifications apply to fuel oils No. 1 and No. 2 sold or offered for sale in Florida.
    (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 D396-13a (approved June 15, 2013), “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 D396-13a (approved June 15, 2013), “Standard Specification for Fuel Oils.”
    (5) Alternative Fuels.
    (a) Denatured Ethanol.
    1. 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 D4806-13a (approved June 15, 2013), “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”
    2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D4806-13a (approved June 15, 2013), “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”
    (b) Methanol, Other Alcohols, Mixtures of Methanol or Mixtures of Other Alcohols.
M85 Fuel Methanol. The following specifications apply to M85 Fuel Methanol sold or offered for sale in Florida.
    1. Standards. All M85 Fuel Methanol shall conform to the chemical and physical standards for Fuel Methanol as set forth in the ASTM International Designation D5797-13 (approved June 15, 2013), “Standard Specification for 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 5J-21.001(1), F.A.C.
    2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D5797-13 (approved June 15, 2013), “Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.”
    (c) Mixtures of Denatured Ethanol.
    1. Ethanol Fuel Blends (51 to 83 volume percent ethanol). The following specifications apply to Ethanol Fuel Blends (51 to 83 volume percent ethanol) sold or offered for sale in Florida.
    a. Standards. All Ethanol Fuel Blends (51 to 83 volume percent ethanol) shall conform to the chemical and physical standards for Ethanol Fuel Blends (51 to 83 volume percent ethanol) as set forth in the ASTM International Designation D5798-13a (approved June 15, 2013), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(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 D5798-13a (approved June 15, 2013), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.”
    2. Mid-Level Ethanol Blends. The following specifications shall apply to automotive spark-ignition engine fuels with ethanol concentrations greater than that which is permitted in subsection 5J-21.001(1), F.A.C., and less than that which is permitted in subparagraph 5J-21.001(5)(c)1., F.A.C., sold or offered for sale in Florida.
    a. Standards. All mid-level ethanol blends shall conform to the practices as set forth in the ASTM International Designation D7794-12 (approved April 15, 2012), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines” and shall conform to the end-point distillation temperature requirements for gasoline, as defined in subsection 5J-21.001(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 D7794-12 (approved April 15, 2012), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.”
    (d) Fuels, other than alcohol, derived from biological materials:
    1. Biodiesel fuel blend stock (also referred to as biodiesel or B100) and B99 (99% biodiesel and 1% diesel fuel by volume). The following specifications apply to biodiesel and B99 sold or offered for sale in Florida.
    a. Standards. Biodiesel and B99 shall meet the specifications set forth by ASTM International Designation D6751-12 (approved August 1, 2012), “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 D6751-12 (approved August 1, 2012), “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”
    2. Biodiesel blends (biodiesel blended with diesel fuel or fuel oil). The following specifications apply to biodiesel blends sold or offered for sale in Florida. Biodiesel blends cannot contain more than 20% biodiesel. B99 is not considered a blend for the purposes of this section.
    a. Standards. Biodiesel blends containing diesel fuel and 6% or more biodiesel shall meet the specifications set forth by ASTM International Designation D7467-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”
    b. Standards. Biodiesel blends containing diesel fuel and less than 6% biodiesel shall meet the specifications set forth by ASTM International Designation D975-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oils.”
    c. Standards. Biodiesel blends containing fuel oil shall meet the specifications set forth by ASTM International Designation D396-13a (approved June 15, 2013), “Standard Specification for Fuel Oils.”
    d. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel and 6% or more biodiesel, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7467-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”
    e. Analysis. For purposes of inspection and testing biodiesel blends containing diesel fuel and less than 6% biodiesel, laboratory analyses shall be conducted using the methods recognized by ASTM International Designation D975-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oils.”
    f. 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 D396-13a (approved June 15, 2013), “Standard Specification for Fuel Oils.”
    (e) Butanol:
    1. Standards. All butanol shall conform to the chemical and physical standards for butanol as set forth in the ASTM International Designation D7862-13 (approved June 15, 2013), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”
    2. Analysis. For purposes of inspection and testing, laboratory analyses shall be conducted using the methods recognized by the ASTM International Designation D7862-13 (approved June 15, 2013), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”
    (6) Water in Retail Storage Tanks.
    (a) Water in retail storage tanks containing products, with the exception of products listed in paragraph (6)(b), enumerated in this rule shall not exceed two inches in depth when measured from the bottom of the tank.
    (b) Water in retail storage tanks containing gasoline blended with 1% or more ethanol, by volume; E85; M85; biodiesel; or biodiesel blends containing 6% or more biodiesel, by volume, shall not exceed one quarter inch in depth when measured from the bottom of the tank.
    (7) Compressed Natural Gas (CNG) and Liquefied Natural Gas (LNG). The National Institute of Standards and Technology (NIST) Handbook 44 (2014 Edition), Sections 1.10 General Code; 3.33 Hydrocarbon Gas Vapor-Measuring Devices; and 3.37 Mass Flow Meters are hereby adopted by reference for compressed natural gas (CNG) and liquefied natural gas (LNG) dispensing systems. A copy of this handbook may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Stop 2100, Gaithersburg, MD 20899-2100 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03830. The National Institute of Standards and Technology (NIST) Handbook 130 (2014 Edition), Introduction and Section 2.27 of the Uniform Regulation for the Method of Sale of Commodities are hereby adopted by reference for the sale of compressed natural gas (CNG) and liquefied natural gas (LNG). A copy of this handbook may be obtained from the National Institute of Standards and Technology, 100 Bureau Drive, Stop 2100, Gaithersburg, MD 20899-2100 or at http://www.flrules.org/Gateway/reference.asp?No=Ref-03831. These codes are also available for public inspection during regular business hours at the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650.
    (8) In accordance with Florida Statutes § 525.035, any petroleum fuel that fails to meet applicable labeling requirements, as adopted in the rule, shall be placed under Stop Sale Order by the department using FDACS-03206, Stop Sale Order, Rev. 12/12, hereby incorporated by reference. Samples of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-03832. The measuring devices and storage tanks of said product shall be sealed by the department with FDACS-03537, Warning Tag, Rev. 08/12, hereby incorporated by reference prohibiting the sale of the petroleum fuel. Samples of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-03833. The petroleum fuel shall be released by the department from the Stop Sale Order in accordance with Florida Statutes § 525.035, using FDACS-03209, Release, Rev. 01/09, hereby incorporated by reference. Samples of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-03834.
    (9) In accordance with Florida Statutes § 525.037, 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 FDACS-03206, Stop Sale Order, Rev. 12/12, and the measuring devices and storage tanks of said petroleum fuel shall be sealed by the department with FDACS-03537, Warning Tag, Rev. 08/12, prohibiting the sale of the petroleum fuel. The petroleum fuel shall be released by the department from the Stop Sale Order in accordance with Florida Statutes § 525.037, using FDACS-03209, Release, Rev. 01/09. The documents referenced in this subsection are adopted in subsection (8) above.
    (10) 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 Consumer Services, Bureau of Standards, 3125 Conner Boulevard, Tallahassee, FL 32399-1650. Posting of the following materials on the internet for purposes of public examination would violate federal copyright law.
    (a) ASTM International Designation D4814-13a (approved June 15, 2013), “Standard Specification for Automotive Spark-Ignition Engine Fuel.”
    (b) ASTM International Designation D3699-13a (approved June 15, 2013), “Standard Specification for Kerosine.”
    (c) ASTM International Designation D975-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oils.”
    (d) ASTM International Designation D396-13a (approved June 15, 2013), “Standard Specification for Fuel Oils.”
    (e) ASTM International Designation D4806-13a (approved June 15, 2013), “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel.”
    (f) ASTM International Designation D5798-13a (approved June 15, 2013), “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines.”
    (g) ASTM International Designation D5797-13 (approved June 15, 2013), “Standard Specification for Fuel Methanol (M70-M85) for Automotive Spark-Ignition Engines.”
    (h) ASTM International Designation D6751-12 (approved August 1, 2012), “Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels.”
    (i) ASTM International Designation D7467-13 (approved May 1, 2013), “Standard Specification for Diesel Fuel Oil, Biodiesel Blend (B6 to B20).”
    (j) ASTM International Designation D7794-12 (approved April 15, 2012), “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines.”
    (k) ASTM International Designation D7862-13 (approved June 15, 2013), “Standard Specification for Butanol for Blending with Gasoline for Use as Automotive Spark-Ignition Engine Fuel.”
Rulemaking Authority 525.14, 570.07(23) FS. Implements Florida Statutes § 525.01, 525.035, 525.037, 525.14. History—New 1-15-68, Amended 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, 1-3-10, 4-3-14, 1-7-15, Formerly 5F-2.001.