Florida Statute 531.60 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 531
WEIGHTS, MEASURES, AND STANDARDS

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531.60 Permit for commercially operated or tested weights or measures instrument or devices.—

(1) A weights and measures instrument or device may not operate or be used for commercial purposes, as defined by department rule, within this state without first being permitted through a valid commercial use permit issued by the department to the person who owns the weights and measures device, unless exempted as provided in s. 531.61. Such permit applies only to the specific location and instrument types or device types listed on the permit. However, the department may allow such permit to be applicable to a replacement for the original instrument or device.

(2) If ownership of a business for which a permit has been issued changes and the instruments or devices affected by the permit:

(a) Remain in the same location, the permit transfers to the new owner and remains in effect until its original expiration date. Within 30 days after the change in ownership, the new owner shall notify the department of the change and provide the pertinent information regarding the change in ownership and an updated replacement permit shall be issued if needed.

(b) Move to a new location, the permit automatically expires and a new permit must be applied for by the new owner of the instruments or devices.

(3) A person who holds a permit that has been issued under this section must notify the department within 30 days after a change in permit status or if a permit will not be renewed due to the termination in use or removal of all weighing and measuring instruments or devices from the permitted location.

History.—ss. 33, 40, ch. 2009-66; ss. 1, 2, ch. 2013-55; ss. 36, 37, ch. 2013-251; s. 20, ch. 2016-166; s. 30, ch. 2018-84; s. 27, ch. 2024-137.

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Amendments to 531.60

Annotations, Discussions, Cases:

Cases Citing Statute 531.60

Total Results: 3 | Sort by: Relevance | Newest First

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Powell v. Carey Int'l, Inc., 514 F. Supp. 2d 1302 (S.D. Fla. 2007).

Cited 7 times | Published | District Court, S.D. Florida | 12 Wage & Hour Cas.2d (BNA) 853, 2007 U.S. Dist. LEXIS 7259, 2007 WL 419442

...per trip basis similar to the truck drivers in Dole and Herman. [13] *1314 (ii) Fixed Gratuity Further, the 20% gratuity paid by the Defendants to the Plaintiffs does not constitute "other compensation" under the regulation. Sections 531.50 through 531.60 of Title 29 of the Code of Federal Regulations regulate payment of wages to tipped employees....

...See Dufrene, 207 F.3d at 268. [12] While Plaintiffs do not list as compensation the cash gratuity received directly from customers, such payment is not relevant because these gratuities do not amount to compensation by Defendants for Plaintiffs' services. Section 531.60 explains that "[s]uch tips are not payments made by the employer to the employee as remuneration for employment within the meaning of the [FLSA.]" [13] Plaintiffs argue that because Defendants gave estimated time of transfers based upo...

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Perez v. Palermo Seafood, Inc., 548 F. Supp. 2d 1340 (S.D. Fla. 2008).

Cited 1 times | Published | District Court, S.D. Florida | 2008 U.S. Dist. LEXIS 15913, 2008 WL 616106

...The Court finds that the plaintiff was not fully compensated for overtime work. Overtime is generally calculated based on the employee's regular rate of pay. There are special provisions for calculating the overtime wage applicable to tipped employees. 29 C.F.R. § 531.60. Section 531.60(a) provides that: When overtime is worked by a tipped employee who is subject to the overtime provisions of the Act, his regular rate of pay is determined by dividing his total remuneration for employment ......

...In accordance with section 3(m), a tipped employee's regular rate of pay includes the amount of tip credit taken by the employer ... and the cash wages ... paid by the employer. Any tips received by the employee in excess of the tip credit need not be included in the regular rate. 29 C.F.R. § 531.60....

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Melissa Compere v. Nusret Miami, LLC (11th Cir. 2022).

Published | Court of Appeals for the Eleventh Circuit

...is bolstered by another DOL regulation providing “examples of amounts not received as tips” and speaking directly to the type of payments made by the employer to the employee as remuneration for employment within the meaning of the Act.” 29 C.F.R. § 531.60. USCA11 Case: 20-12422 Date Filed: 03/18/2022 Page: 16 of 21 16 Opinion of the Court 20-12422 charge at issue....

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