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Florida Administrative Code (Last Updated: April 18, 2024) |
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5. Department of Agriculture and Consumer Services |
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5F. Division of Standards |
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5F-8. Permitting And Inspection Requirements For Amusement Devices And Amusement Attractions |
1(1) The Department and person charged with a violation may agree to resolve violations prior to an administrative hearing, or may enter into settlement pursuant to Section 28120.57(4), F.S. 30The penalties addressed in this rule chapter shall not be construed to limit the authority of the Department to resolve violations prior to or after initiation of any administrative action or to settle with any party. The Department shall utilize all available remedies to ensure compliance including administrative action, civil actions, settlements, and referrals for criminal prosecution. The Department shall enforce a failure to comply with an agreement to resolve violations or a settlement agreement with the penalties and remedies provided in the agreement and as authorized by Chapter 120 or 616, F.S.
123(2) Failure to respond to an administrative complaint shall result in the entry of a Default Final Order against the violator or entity responsible for the violation. The Department shall impose administrative fines in a Default Final Order equal to the maximum amount allowable under Section 169616.242(19), F.S.
171(3) A failure to comply with either a Final Order or a Default Final Order of the Department shall result in revocation the owner’s permit or inspection certificate and an administrative fine against the owner of the amusement ride of $2,500 per violation, per day. Additional penalties shall be sought through the enforcement of the order in circuit court.
231Rulemaking Authority 233616.165, 234616.242(4) FS. 236Law Implemented 238616.242(4)(b), 239(18), (19) FS. History–New 5-30-10.
