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The Committee on Commerce (Diaz de la Portilla) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 41 and 42

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insert:

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     Section 2.  Section 531.417, Florida Statutes, is created

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to read:

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531.417 Permits for commercial weighing or measuring

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instruments or devices, and electronic price scanner systems.--

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(1) A person may not operate or use for commercial

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purposes any weighing or measuring instrument or device, or any

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retail commercial electronic price scanner unless the person

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obtains an annual permit from the department. The permit applies

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only to the specific instrument or device at the specific

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business location for which the permit was issued.

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(a) The department may allow the permit to be applied to a

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replacement for the instrument or device specified in the

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permit.

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(b) If the ownership of an instrument or device for which

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a permit has been issued changes and it remains in the same

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business location, the permit transfers to the new owner and

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remains in effect until its original expiration date, provided

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the new owner notifies the department within thirty calendar

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days of the change in ownership.

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(c) If the ownership of an instrument or device for which

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a permit has been issued changes and is moved to a new business

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location, the permit is void.

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(2) Each permit is valid for one year. Each permit must be

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renewed annually on a form prescribed by the department. The

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applicant must also submit a fee in an amount determined by the

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department, sufficient to fund the department's cost of

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providing the specific service. However, such fees may not

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exceed the following:

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     (a) For weighing instruments or devices:

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     (b) For measuring devices:

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(c) For retail commercial electronic price scanner

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devices, $25.

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     (3) Beginning July 1, 2013, the department may adjust the

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fee limits provided under this section by rule, based on the

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change in the Consumer Price Index published by the United

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States Department of labor, and every 5 years thereafter.

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(4)     If an application for a permit renewal is not received

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by the department within 30 days after its due date, the

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applicant must also submit a late fee of not more than $100, as

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determined by department rule, to obtain a permit.

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(5)     All amounts collected shall be deposited by the Chief

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Financial Officer to the credit of the General Inspection Trust

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Fund of the Department of Agriculture and Consumer Services

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pursuant to s. 570.20, for the sole purpose of administering

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this section.

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(6)     If a person operates or uses for commercial purposes

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any weighing or measuring instrument or device without obtaining

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a valid permit from the department, the department may:

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(a)     After notifying the person of the requirements of this

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section, prohibit the further commercial use of the instrument

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or device until the proper permit is issued;

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(b)     Attach to non-permitted instrument or device a form,

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notice, tag or seal as it considers necessary to prevent the

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unauthorized use of the instrument or device;

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(c)     Assess a late application fee of not more than $100,

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as determined by department rule, in addition to the application

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fee pursuant to subsection (2); or

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(d)     Impose penalties pursuant to s. 531.50.

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(7)     The department is authorized to adopt rules to provide

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for the permit application, permit transfer and replacement, fee

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schedule, the annual permit and related identification tags.

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(8)     A permit is not required for persons operating or

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using commercial weighing or measuring instrument or device or

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price scanner device if:

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(a)     The instrument or device is a taximeter, licensed,

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permitted or registered by a county or municipality and is

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tested for accuracy and compliance with state standards pursuant

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to s. 531.421;

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(b)     The instrument or device is used exclusively for

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weighing railroad cars and is tested for accuracy and compliance

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with state standards by a private testing agency;

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(c)     The instrument or device is used exclusively for

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measuring petroleum products taxed pursuant to s. 525.09.

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(d) The instrument is a retail commercial electronic price

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scanner at a business location with four or fewer devices; or

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(e) The instrument is a retail commercial electronic price

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scanner at a business location for which a person has a permit

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for commercial weighing or measuring devices.

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(9) Permits required by this section are in addition to any

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other registration, license or permit required by law.

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================ T I T L E  A M E N D M E N T

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================

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And the title is amended as follows:

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     On line(s) 7, after the semicolon,

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insert:

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creating s. 531.417, F.S.; requiring a permit for

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commercial weighing or measuring instruments or devices;

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authorizing fees; authorizing the department to adjust

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licenses and permit fees every 5 years by rule; providing

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for enforcement; authorizing rules; providing exemptions;

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for enforcement; authorizing rules; providing exemptions;

2/18/2008  8:40:00 AM     CM.CM.04080