Effective date: 1/7/2015

    (1) For the purpose of Florida Statutes § 525.07, 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 with FDACS-03538, Out of Service, Rev. 08/12, hereby incorporated by reference, and prohibited from further use. Copies of this form may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04789. 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 FDACS-03538, Out of Service, Rev. 08/12, adopted and incorporated by reference in subsection (3) above, 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 FDACS-03320, Application for Registration of Service Agencies, Rev. 12/12, hereby incorporated by reference, and FDACS-03556, Application for Registration — Authorized Meter Mechanic, Rev. 12/12, hereby incorporated by reference. Copies of FDACS-03320 may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04790. Copies of FDACS-03556 may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-04791. Any such registered person or service agency must immediately notify the department at (850)921-1545 or by fax at (850)921-1548, 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 Institute of Standards and Technology (NIST) Handbook 44, as adopted and incorporated by reference in Rule 5F-5.001, F.A.C., that has been calibrated with standards traceable to NIST, pursuant to Florida Statutes § 525.07(9)
    (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 Consumer Services, Bureau 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)921-1545.
    (6) In accordance with Florida Statutes § 525.07, any measuring device that fails to meet applicable requirements, as adopted in this rule, shall be placed out of service by the department using FDACS-03538, Out of Service, Rev. 08/12, adopted and incorporated by reference in subsection (3) above, 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.
Rulemaking Authority 525.14, 570.07(23) FS. Implements Florida Statutes § 525.07. History—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.