23530665, 5J-18.001 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 23530665

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Consumer Services

Chapter:

PERMITTING AND INSPECTION REQUIREMENTS FOR AMUSEMENT DEVICES AND AMUSEMENT ATTRACTIONS

Overview

RULE:

5J-18.001	Definitions
5J-18.0012	Bureau of Fair Rides Inspection Forms
5J-18.002	Annual Permit or Temporary Amusement Ride Permit, Request for Re-Inspection, USAID Number
5J-18.003	Qualified Inspectors
5J-18.004	Nondestructive Testing of Amusement Rides
5J-18.005	Request for Inspections, Reinspections (Repealed)
5J-18.0051	Inspection Standards
5J-18.007	Signage
5J-18.009	Inspections by Owner or Manager
5J-18.010	Accredited Trade Organization
5J-18.012	Fees
5J-18.0127	Enforcement Actions and Administrative Penalties
5J-18.0128	Resolution of Violations, Settlement, and Additional Enforcement Remedies
5J-18.014	Training of Managers, Attendants, and Maintenance Persons
5J-18.0142	Reporting of Accidents and Mechanical, Structural or Electrical Defects
5J-18.015	Regulation of Go-Kart Tracks and Similar Vehicles
5J-18.0152	Regulation of High Speed Go-Kart Tracks Open for Rental Concession Operation
5J-18.016	Regulation of Water Parks
5J-18.024	Exempt Nonmotorized or Human Powered Amusement Rides

PURPOSE:

The purpose of this rulemaking is to amend the rule chapter to comply with statutory language, to update incorporated forms, to adopt new rules for high speed concession go-karts, and to amend the rule chapter with general updates. Significant changes were made to Section 616.242, Florida Statutes, during the 2020 legislative session.

SUMMARY:

The proposed rules amend rules to reflect statutory changes, update and incorporate new department forms, update definitions, permits, nondestructive testing of amusement rides, inspections, signage, fees, enforcement, penalty, reporting of accidents, go-karts, water parks and exemption rules.

RULEMAKING AUTHORITY:

616.165, 616.242, (3)(p), (3)(q), (4), (4)(b), (4)(c), (4)(d), (5), (6), (7), (8), (9), (10)(a)1., (10)(b), (11), (11)(a)1., (11)(b), (11)(c), (12), (12)(k), (13), (14), (15), (16), (17) FS.

LAW:

616.001, 616.242, (4), (4)(b), (5), (6), (7), (8), (10)(a)1., (11), (11)(a)1., (14), (15), (16), (17), (18), (19), (21) FS.

PRINT PUBLISH DATE:

8/13/2020 Vol. 46/158

COMMENTS:

From 8/13/2020 To 9/3/2020 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-08472 FDACS-03434, Affidavit of Annual Inspection for Exempt Facilities, Rev 02/17
Ref-08484 Federal Motor Vehicle Safety Standard 218, section 571.218, Title 49 Code of Federal Regulations 2011 Edition
Ref-11146 FDACS-03424 Fair Rides Owner's Daily Inspection Report (Carnival Type) 07/19
Ref-11147 FDACS-03425 Fair Rides Owner's Daily Inspection Report (Water Park), 07/19
Ref-11148 FDACS-03426 Fair Rides Owner's Daily Inspection Report (Go-kart Track/Vehicle), 07/19
Ref-11149 FDACS-03427 Fair Rides Owner's Daily Inspection Report (Bungy), 07/19
Ref-11150 FDACS-03428 Fair Rides Written Accident Report, 07/19
Ref-11151 FDACS-03430 Fair Rides Mechanical, Structural, or Electrical Defect Report, 07/19
Ref-11152 FDACS-03431 Fair Rides Employee Training Record, 07/19
Ref-11153 FDACS-03433 Fair Rides Affidavit of Compliance and Nondestructive Testing, 07/19
Ref-11154 FDACS-03435 Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application, 07/19

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