Florida Statutes
Fla. Stat. § 531.60 (2025)
Permit for commercially operated or tested weights or measures instrument or devices.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 2
cases, 2007–2008 · leading case: Powell v. Carey Int'l, Inc., 514 F. Supp. 2d 1302 (S.D. Fla. 2007).
Powell v. Carey Int'l, Inc., 514 F. Supp. 2d 1302 (S.D. Fla. 2007). “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.”
Perez v. Palermo Seafood, Inc., 548 F. Supp. 2d 1340 (S.D. Fla. 2008). “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 .”
— 531.60(a) — 1 case
Perez v. Palermo Seafood, Inc., 548 F. Supp. 2d 1340 (S.D. Fla. 2008). “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 .”
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