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 ...

Notice of Proposed Rule

FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Consumer Services

RULE NOS.: RULE TITLES:

5J-18.001Definitions

5J-18.0012Bureau of Fair Rides Inspection Forms

5J-18.002Application for Annual Permit, USAID Number

5J-18.003Qualified Inspectors

5J-18.004Nondestructive Testing of Amusement Rides

5J-18.005Request for Inspections, Reinspections

5J-18.0051Inspection Standards

5J-18.007Signage

5J-18.009Inspections by Owner or Manager

5J-18.010Accredited Trade Organization

5J-18.012Fees

5J-18.0127Enforcement Actions and Administrative Penalties

5J-18.0128Resolution of Violations, Settlement, and Additional Enforcement Remedies

5J-18.014Training of Managers, Attendants, and Maintenance Persons

5J-18.0142Reporting of Accidents and Mechanical, Structural or Electrical Defects

5J-18.015Regulation of Go-Kart Tracks and Similar Vehicles

5J-18.0152 Regulation of High Speed Go-Kart Tracks Open for Rental Concession Operation

5J-18.016Regulation of Water Parks

5J-18.024Exempt Nonmotorized or Human Powered Amusement Rides

PURPOSE AND EFFECT: 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.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or, if no SERC is required, the information expressly relied upon and described herein:

According to the department’s economic analysis, the adverse impact or potential regulatory costs of the proposed rules do not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. The proposed changes will amend rules to reflect statutory changes, update and incorporate new department forms, update definitions, permits, nondestructive testing of amusement rides, inspections, signage, enforcement, penalty, reporting of accidents, go-karts, water parks and exemption rules. There are no anticipated increased regulatory costs associated with these changes. Permitting fees for both permanent and temporary amusement rides have been reduced. The regulatory costs associated with this change are indeterminate but are not expected to exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes. No interested party submitted additional information regarding the economic impact.

Any person who wishes to provide information regarding the statement of estimated regulatory costs or to provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

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 IMPLEMENTED: 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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Faulk, 2005 Apalachee Parkway, Tallahassee, Florida 32399; (850)410-3838.

THE FULL TEXT OF THE PROPOSED RULE IS:

5J-18.001 Definitions.

The definitions in sections 616.001 and 616.242(3), F.S., and the following definitions shall apply:

(1) through (3) No change.

(4) Super Amusement Ride – Means an amusement ride which, because of its design, size, passenger capacity, restraint system or operating characteristics, requires an extensive or extraordinary amount of inspection time to assure compliance with requirements of law and rule, when compared with kiddie or non-kiddie amusement rides. The following amusement rides, and all like rides are classified as super amusement rides.

Amusement Ride Manufacturer	Amusement Ride Name
AK Rides	Swing Tower, Starflyer, Skyflyer, Airflyer
Aerodium Technology	Wind Tunnel
Allen Hershell	Flying Bobs, Skywheel
Alta Cable Ski	Cable Ski
ARM	Ali Baba, 1001 Nights, Full Tilt, Typhoon, Drop Zone, Supershot, Touchdown, Vertigo
Arrow Dynamics	Flume Ride
Battech Ent.	Downdraft
Bertazzon	Super Himalaya, Swing Carousel, Music Express, Rock and Roll
Blackmon Engineering	Vertical Accelerator
Bojux Co.	Surf Bench, Crazy Dance
Bruno Rixen	Cable Water Ski, Knee Ski
Bungee Adventure	Ejection Seat, Ripline
Chance Rides	Century Wheel, Giant Wheel, Chaos, Falling Star, Gentle Giant, Gondola Wheel, Inverter, Slingshot, Sky Wheel, Flying Bobs, Alpine Bobs, Thunderbolt, Rock-n-Roll, Music Fest, Himalaya
Cheer Manufacturing	Skyrides, Zipline Roller Coaster
Confolding S.R.O.	Extreme
Cosmont	Jaguar Express, Tidal Wave, Wipeout, Yo Yo
Custom Fabrications	Great American 19
Custom Locomotives	Victorian, General Trains
Doppelmayer	Gondola Lift
Drop Zone LTD	Power Fan
Dutch Wheels	Giant Wheel
Eli Bridge Company	Big Eli Wheel, Hy-5, Eagle 16, Ferris Wheel
Euro Rides	Double Shock, Shock Wave
Expo Wheels LLC	Expo Wheel
FarFabri/Fabbri	Backlash, Banzi, Bonzai, Crazy Dance, Evolution, Flipper, Footloose, Force 10, Megadrops, Space Loop, Kamikaze, Looping, Screamer, Drop Zone, Jungle Drop, Giant Wheel
Funtime	Ejection Seat
Funtime Handles	Slingshot, Orlando Starflyer, Vomatron
Future Amusements	Wild Thang
GCI	White Lightning
Gravity Krafts	Mine Blower
Gravity Works	Blender, Ejection Seat, Skyscraper
HK Power Co.	Train
Harper & Parsons	Vertical Accelerator
Heinrich Mack	Runaway Trains, See Sturm Bahn, Raupen Bahn, Polar Express, Cortina Bob
Inta Fair Holland	Giant Wheel
Hi Roller	Ring of Fire
High Lite Rides	Fair Wheel, Family Wheel
Huss Heiner	1001 Nachts, Enterprise, Pirate, Pirate Ship, Rainbow, Top Spin, Tornado, Frisbee
In His Name	Sky Flyer
Inta Fair Holland	Giant Wheel
Intamin Inc.	Island In the Sky, Parachute Ride, Orlando Eye
Interpark	Galaxy Coaster, Zyclon
K.T. Emmitt	Devastator
K.T. Enterprises	Twister
K.M.G.	Fireball, Wild Claw, Tango, Space Port, Cyclops, Freakout, Speed, Inversion, Super Spin, Experience, Sky Swing, Fun Factory, Hurricane, Khaos, Air Raid, Hydra, Rock It, The Beast
Lamberink	Midway Sky Eye
Larson/Hi Roller Mfg/LMC	Ring of Fire, Superloop, Fireball, Stardancer
Leap of Faith	Wild Claw, Wild Thang, Cyclone
Majestic Rides Mfg.	Music Express
MCL Park	Giant Wheel, Gondola Wheel
Mecca Productions	Ice Slide
Miler	The Hurricane
Modail	Space Roller, Fighter, Magnum
Mulligan Enterprises	Giant Wheel, Gondola Wheel¸ Mulligan Wheel
O.D. Hopkins	Sky Lift, Sky Ride, Sky Glider
Oceaneering International	Shuttle Launch Experience
Philadelphia Toboggan	Roller Coaster
Pinfari	Looping Roller Coaster, Zyclon, Emerald Coaster, RC 48 Coaster, Super Cyclone, Bullet Train Coaster
Pro Drag LLC	Nitro Alley Dragster
Reverchon	Explorer, Log Flume, White Water, Niagra Flume, Roc-N-Rapids, White Water Flume, Wild River, Himalaya, Bee Bop Express, Polar Express, Crazy Mouse, Super Himalaya
Rides R Us	Human Slingshot
Ronald Bussink	Super Wheel
S & S Power	Double Shot Towers, Snow Shot, Space Shot, Screamin Swing
SBF	Drop-N-Twist
SDC	Himalaya, Hurricane Rollercoaster, Pirate Ship, Wild Cat, Windtorm Coaster, Moonraker, Mark I, Gondola Wheel, Hang 10
Sartori	Kamikaze, Looping, Screamer
Schiff	Roller Coaster
Schwarzkofp	Dopple Loop, Log Flume, Wildcat Coaster, Swiss Bobs, Enterprise
Sesitec GMBH	Cable Ski
S.P.C.	Moonraker, Mark I, Gondola Wheel, Pirate Ship, Hang 10
Sky Fun I	Sky Coaster
Sky Venture	I Fly
Soriani Moser	Crazy Flip, Dream Machine, Drop of Fear, Extacy, Flip N Out, G Force, Star Force, Wild River Raft, Wind Shear, Sky Flyer
Technical Park	Dream Wheel, Extreme, Street Fighter, Street Fighter 360, High Energy, Ciclone, Vortex, Chaos, Fly Surf, Pegasus, Delusion, Stinger, Hyperloop, S.F. Revolution, Dream Catcher, Ferris Wheel, Star Dancer, Sky Fighter
The Joseph Co.	Vertical Accelerator
Top Fun	Terminator
Tivoli	Force 10, Spinout, Orbitor, Predator, Scorpion, Typhoon, Remix, Techno Power
Tower Specialties	Ricky’s Rocket, Vertical Accelerator
UA Attractions	Ninja Course
Universal	Sky Ride
Vekoma	Freedom Flyer
Vickers	Abbot Tank, APC
Visa Intl.	Cyclon Coaster, Midi Dance Party, Euro Slide, Slide 8
White Water	Log Flume, Roaring Springs
Widsom/WMI Industries	Gravitron/Starship type amusement rides; Stampede, Himalaya, Rip Curl, Music Express, Y Factor, Jungle Twist, Matterhorn, Polar Express
Winkler	Swing Tower, Starflyer, Skyflyer
Zierer	Flitzer, Racing Flitzer, Wave Swinger, Indy 500
Zamperla	Energy Storm, Mixer, Power Surge, Turbo Force, Windstorm Roller Coaster, Wave Swinger¸Crazy Mouse, Nitro, Vertical Swing, Star Tower, Wild Mouse
Zierer	Flitzer, Racing Flitzer, Wave Swinger, Indy 500
Zig Zag	Zig Zag Rail
Multiple Manufacturers	Elevated Go-Kart Tracks
Multiple Manufacturers	High Speed Go-Kart Tracks
Multiple Manufacturers	Waterslides (same platform, multiple slides)
Multiple Manufacturers	Zipline/Aerial Adventure Courses

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.001, 616.242 FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 1-22-02, Formerly 5F-8.001, Amended 7-5-16, 10-29-19, .

5J-18.0012 Bureau of Fair Rides Inspection Forms.

The following forms are hereby incorporated by reference. Copies of these publications may be obtained from the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or online as indicated below.

Form Number	Revised	Title
FDACS 03424	07/19	Fair Rides Owner’s Daily Inspection Report (Carnival Type), http://www.flrules.org/Gateway/reference.asp?No=Ref-11146
FDACS 03425	07/19	Fair Rides Owner’s Daily Inspection Report (Water Park), http://www.flrules.org/Gateway/reference.asp?No=Ref-11147
FDACS 03426	07/20 07/19	Fair Rides Owner’s Daily Inspection Report (Go-kart Track/Vehicle), http://www.flrules.org/Gateway/reference.asp?No=Ref-11148
FDACS 03427	07/19	Fair Rides Owner’s Daily Inspection Report (Bungy), http://www.flrules.org/Gateway/reference.asp?No=Ref-11149
FDACS 03428	07/19	Fair Rides Written Accident Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-11150
FDACS 03430	07/20 07/19	Fair Rides Mechanical, Structural or Electrical Defect/Failure Report, http://www.flrules.org/Gateway/reference.asp?No=Ref-11151
FDACS 03431	07/19	Fair Rides Employee Training Record, http://www.flrules.org/Gateway/reference.asp?No=Ref-11152
FDACS 03433	07/20 07/19	Fair Rides Affidavit of Compliance and Nondestructive Testing, http://www.flrules.org/Gateway/reference.asp?No=Ref-11153
FDACS 03434	07/20 07/19	Affidavit of Annual Inspection for Exempt Facilities, http://www.flrules.org/Gateway/reference.asp?No=Ref-08472
FDACS 03435	07/19	Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application http://www.flrules.org/Gateway/reference.asp?No=Ref-11154
FDACS 03438	07/20	Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-
FDACS 03439	07/20	Fair Rides Request for Annual Permit Inspection or Re-Inspection, http://www.flrules.org/Gateway/reference.asp?No=Ref-

Rulemaking Authority 616.165, 616.242(4), (5), (6), (7), (8), (10)(a)1., (11)(a)1., (12), (14), (15), (16), (17) FS. Law Implemented 616.242(4), (5), (6), (7), (8), (10)(a)1., (11)(a)1., (12), (14), (15), (16), (17) FS. History–New 2-14-99, Amended 5-30-05, 10-2-07, 5-30-10, Formerly 5F-8.0012, Amended 2-26-14, 7-27-17, 10-14-18, 10-29-19, __________.

5J-18.002 Application for Annual Permit or Temporary Amusement Ride Permit, Request for Re-Inspection, USAID Number.

(1) The owner or manager of an permanent amusement ride shall make application by email or by fax transmission to the department for an annual permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(5), F.S., on department form FDACS 03439, Fair Rides Request for Annual Permit Inspection or Re-Inspection, 07/20 03435, Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application, 07/19, as incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) The owner or manager of a temporary amusement ride shall make application by email or by fax transmission to the department for the temporary amusement ride permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(6), F.S., on department form FDACS 03438, Fair Rides Request for Temporary Amusement Ride Permit Inspection or Re-Inspection, 07/20 as incorporated by reference in Rule 5J-18.0012, F.A.C.

(3)(a)The following documents shall be on file with the department or accompany the written application:

(a)1. Manufacturer’s ride operations manual, including all bulletins concerning safety, operation or maintenance of the amusement ride.

(b)2. Amusement ride operating document specified in section 5.1 of ASTM International F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(c)3. Maintenance checklist for each ride. Checklist shall be in accordance with ASTM International F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(4)(2) The current Fair Rides Affidavit of Compliance and Nondestructive Testing required by Section 616.242(7)(4), F.S., shall be submitted with the written application for an annual permit on file or provided at time of inspection on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/20 07/19, as incorporated by reference in Rule 5J-18.0012, F.A.C.

(5)(3) The current Fair Rides Affidavit of Compliance and Nondestructive Testing required by Section 616.242(7)(a)(6)(a), F.S., shall be submitted with the written application for an annual permit on file or provided at time of inspection on department form FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/20 07/19, as incorporated by reference in Rule 5J-18.0012, F.A.C., unless the amusement ride is exempt pursuant to Section 616.242(7)(d) (6)(d), F.S.

(4) The request for inspection required by Section 616.242(5)(b)6., F.S., shall be submitted on department form FDACS 03435, Fair Rides Request for Inspection or Re-Inspection & Annual Permit Application, 07/19, as incorporated by reference in Rule 5J-18.0012, F.A.C.

(6)(5) No change.

(7) If an application for a permanent amusement ride permit is received by the department less than 15 days before the date of first intended use at a new location, the department shall assess a late request fee as provided by Rule 5J-18.012, F.A.C.

(8) If an application for a temporary amusement ride permit is received by the department less than 14 days before the date of first intended use at a new location, the department shall assess a late request fee as provided by Rule 5J-18.012, F.A.C.

(9) After a permit application is received by the department and an inspection of the amusement ride is not needed by the owner requesting a permit, that owner or manager shall cancel the request for inspection by email or by fax transmission at least three working days prior to the scheduled date of the inspection. If an owner fails to timely cancel a request for inspection or upon arrival rides are not ready for inspection, the department shall assess a failure to cancel fee as provided by Rule 5J-18.012, F.A.C. If an owner cancels an inspection request that is included in a late permit application, a failure to cancel fee as provided by Rule 5J-18.012, F.A.C., shall be assessed.

(10) When a permit application is timely submitted, the department will allow a variation of plus or minus 10% from the number and type of rides for which inspection was initially requested, without asessing additional fees for late inspection requests or for failing to cancel inspection requests, as set forth in Rule 5J-18.012, F.A.C.

(11) Department forms and cancellation requests sent by email or fax transmission and received outside of normal business hours, 8:00 a.m. through 5:00 p.m., or on a day other than a working day, will be considered received by the department on the next working day.

(12) If the department returns to a site to reinspect an amusement ride for failure to pass any department inspection, the department shall assess a reinspection fee as provided by Rule 5J-18.012, F.A.C.

(13) If the department returns to an amusement ride while still on site during the scheduled event inspection to reinspect an amusement ride for failure to pass any department inspection, the department shall assess a reinspection fee as provided by Rule 5J-18.012, F.A.C.

(14) Reinspections will not be conducted on weekends or state holidays.

(15) Separate requests for permit inspection on devices with the same USAID numbers, at the same event locations during the same or consecutive dates will not be accepted. Requests for reinspection will not be accepted for rides for which an inspection or reinspection has already been scheduled but has not been either completed or cancelled.

(16) Event location changes for permit applications and associated inspection requests must be requested at least three business days prior to the requested inspection date. If an owner or manager requests an event location change less than three business days prior to the requested inspection date, a late inspection request fee shall be assessed as provided by Rule 5J-18.012, F.A.C. Event location changes will be granted based on inspection staff availability.

(17) Where a manufacturer has not determined nor specified the capacity of a kiddie ride the department will determine the capacity as follows:

(a) A department Inspector will count the number of carrier units or tubs per ride. The number of carrier units or tubs per ride is based on the manufacturer’s intended configuration of the ride in order to make it fully operational. Upon inspection of a ride if evidence exists that indicates the ride has been altered from the original manufacturer’s configuration by removing carrier units or tubs, then the ride must be inspected by a professional engineer in accordance with Section 616.242(13) (12), F.S. Arbitrary reduction of carrier units by operators is not permitted.

(b) Having determined the number of carrier units or tubs per ride, the department inspector will count the number of passenger positions per carrier unit, or individual tub, i.e., the number of seat belts, pre-formed seating spots or other identifiable seating arrangements. With no identifiable passenger positions, the inspectors will determine the number of positions based on the number of 12-year-old passengers that can be positioned safely in the carrier unit, i.e., each passenger must have a separate position and meet the required height and/or weight requirements for that ride. Sitting on laps to qualify as one position will not be permitted.

Rulemaking Authority 616.165, 616.242(5), (8) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.002, Amended 10-29-19, .

5J-18.003 Qualified Inspectors.

(1) Each person seeking to perform amusement ride inspections as a Qualified Inspector (QI) for an insurance underwriter and execute the FDACS 03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, 07/20 07/19, as incorporated by reference in Rule 5J-18.0012, F.A.C., required for the annual permit shall provide the department the following documents and information:

(a) through (d) No change.

(e) When a Qualified Inspector possesses the requisite qualifications the department will provide the applicant a qualified inspector number designating that person as a qualified inspector for the purpose of executing the Fair Rides Affidavit of Compliance and Nondestructive Testing required for the annual permit. The qualified inspector number shall be used when executing the required affidavits. The qualified inspector number issued by the department to a qualified inspector shall be valid for one year, so long as the applicant possesses the qualifications required by Section 616.242(3)(q), F.S.

(f) through (g) No change.

(2) Each person seeking authorization to perform amusement ride inspection as a Professional Engineer (PE) and execute the Fair Rides Affidavit of Compliance and Nondestructive Testing required for the Annual Permit shall submit to the department a copy of his or her professional engineer’s license issued by the Department of Business and Professional Regulation of the State of Florida or the equivalent licensing body in another state. Upon receipt of proof of current licensure the department will acknowledge receipt of that license in writing. A PE shall use their professional engineer’s license number when executing the Fair Rides Affidavit of Compliance and Nondestructive Testing required for the annual permit. The authorization to execute the Fair Rides Affidavit of Compliance and Nondestructive Testing shall remain valid for one year, unless the QI or PE ceases to possess the qualifications required by law.

(3) through (4) No change.

(5) When a QI or PE no longer possesses the qualifications required by Section 616.242(3)(p) or (3)(q), F.S., that person shall immediately notify the department by fax: (850)410-3797; or by email to FairRides@FDACS.gov, and shall cease to act as a qualified inspector.

Rulemaking Authority 616.165, 616.242(3)(p), (3)(q), (5) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 10-10-01, 5-30-05, 10-2-07, Formerly 5F-8.003, Amended 10-29-19, .

5J-18.004 Nondestructive Testing of Amusement Rides.

(1) In accordance with the requirements of Section 616.242(7)(6), F.S., nondestructive testing of amusement rides shall be conducted on all inspection points identified, including all relevant bulletins and shall be reported to the department for each amusement ride by the Qualified Inspector or PE on department form FDACS-03433, Fair Rides Affidavit of Compliance and Nondestructive Testing, Rev. 07/20 07/19, incorporated by reference Rule 5J-18.0012, F.A.C.

(2) through (4) No change.

(5) During annual affidavit of compliance and nondestructive testing, additional testing of components where padding or other covering prevents daily visual checks shall be conducted.

(6) In addition to all other requirements, affiants conducting nondestructive testing on go-karts or go-kart tracks shall certify the following:

(a) The speed of the go-karts is governed or otherwise limited in accordance with rule 5J-18.015 or rule 5J-18.0152; and

(b) The track is designed to accommodate go-karts traveling at speeds at which the go-karts are being operated on the track; and

Rulemaking Authority 616.165, 616.242(4), (7) (6) FS. Law Implemented 616.242(4)(b), (7) (6) FS. History–New 9-15-92, Amended 9-21-93, 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.004, Amended 2-22-18, 10-14-18, 10-29-19, .

5J-18.005 Request for Inspections, Reinspections.

Rulemaking Authority 616.165, 616.242 (7) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 11-4-02, 5-30-05, Formerly 5F-8.005, Amended 10-14-18, 10-29-19, Repealed .

5J-18.0051 Inspection Standards.

(1) Each owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C., must indicate that each amusement ride meets the requirements of Section 616.242(12) (11), F.S., and is ready for operation prior to inspection by the department.

(2) through (4) No change.

Rulemaking Authority 616.165, 616.242(12) (11) FS. Law Implemented 616.242 FS. History–New 9-21-93, Amended 2-23-94, 2-14-99, 5-30-05, Formerly 5F-8.0051, Amended 10-29-19, .

5J-18.007 Signage.

(1) If required or recommended by the manufacturer of an amusement ride, each owner or manager shall have signage prominently displayed at the entrance of the amusement ride including the following instructions and information for operation:

(a) through (f) No change.

(2) Due to accidents or unforeseen events, and in addition to the amusement ride manufacturer’s required or recommended instructions and information for operation, each owner or manager shall have additional signage prominently displayed at the entrances of the following amusement rides:

a. through b. No change

(3) FDACS P-02159, 07/20, Fair Rides sign, shall be conspicuously displayed at all patron entrances of a temporary amusement ride facility in full view of the public, and is hereby incorporated by reference. A sample copy of the sign may be accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX.

(4) The amusement ride annual permit or temporary amusement ride permit shall be affixed at the entrance of the ride in a location visible to the public.

Rulemaking Authority 616.165, 616.242(4)(b), (c), (d), (12)(k) FS. Law Implemented 616.242 FS. History–New 7-27-17, .

5J-18.009 Inspections by Owner or Manager.

(1) Prior to opening on each day of operation and prior to any inspection by the department the owner or manager of each amusement ride shall inspect and test the amusement ride in accordance with the requirements of Section 616.242(16) (15), F.S., and record the inspection on the applicable department form FDACS-03424, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Carnival Type); FDACS-03425, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Water Park); FDACS-03426, Rev. 07/19, Fair Rides Owner’s Daily Inspection Report (Go-Kart Track and Vehicle); FDACS-03427, Rev. 07/20 07/19, Fair Rides Owner’s Daily Inspection Report (Bungy). In lieu of the forms referenced in this section and incorporated by reference in Rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to FairRides@FDACS.gov, by fax to (850)410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document daily inspections as required by Section 616.242(16)(15), F.S.

(2) Inspections shall be consistent with inspection programs outlined in ASTM F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C. to include inspections and testing of the following, at a minimum:

(a) through (k) No change.

Inspection documentation shall be reviewed and approved by the owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(3) The owner or manager shall implement a program of maintenance based on manufacturer recommendations and ASTM F770-18, as incorporated by reference in Rule 5J-18.0011, F.A.C. This program of maintenance shall include a checklist with the following information, at a minimum:

(a) through (g) No change.

Maintenance documentation shall be reviewed and approved by the owner, manager, or designee, as specified in subsections 5J-18.014(2) and (3), F.A.C.

(4) through (6) No change.

Rulemaking Authority 616.165, 616.242(4), (16) (15) FS. Law Implemented 616.242 FS. History–New 9-15-92, Amended 2-23-94, 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.009, Amended 7-27-17, 10-29-19, .

5J-18.010 Accredited Trade Organization

(1) Accredited trade organization means a nationally-recognized organization whose mission is to promote the

safety of non-mechanical amusement ride operation, design, use, and maintenance. Such organizations must have demonstrable competency, authority, and credibility in amusement ride inspections that have been approved by the department.

(a) To obtain department approval, an organization must provide documentation establishing that the

organization has the proper experience, procedures, and authority over members and that demonstrates the required competency, authority, and credibility in amusement ride inspections.

(b) Approval for such organizations will expire five years from the approval date.

(2) In order for the department to waive an inspection pursuant to section 616.242(8)(a)2., Florida Statutes:

(a) The amusement ride must be a non-mechanical amusement ride such as an aerial adventure course, ropes course, zipline, water slide or other device with similar operating characteristics,

(b) The amusement ride must have no outstanding correction notices,

(c) The amusement ride must be inspected by an inspector certified by the accredited trade organization and who is either a professional engineer or a qualified inspector, as defined in sections 616.242(3)(p) and (q), Florida Statutes, and

(d) The amusement ride must have an inspection certificate issued by the accredited trade organization that indicates that the inspection was reviewed and approved by the accredited trade organization, and the amusement ride meets all applicable requirements of section 616.242, Florida Statutes, and rule chapter 5J-18, Florida Administrative Code.

(e) The owner or operator requesting the waiver shall have no safety violations that resulted in the issuance of a Stop Operation Order and/or an Administrative Complaint within three years immediately preceding the date of the requested waiver.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(8)(a)2. FS. History–New .

5J-18.012 Fees.

The following fees are adopted:

(1) Annual permit for any amusement ride:	$500.00
(2) Annual permit for any Bungy jump:	$500.00
(3) Inspection fee for each inspection of a kiddie amusement ride:	$45.00
(4) Inspection fee for each inspection of a non-kiddie amusement ride:	$90.00
(5) Inspection fee for each inspection of a super amusement ride:	$175.00
(6) Inspection fee per go kart, in addition to the track inspection fee:	$10.00
(7) Reinspection fee (return to site):	$500.00
(8) Reinspection fee (return on-site):	$100.00
(9) Fee to replace a lost U.S. Amusement Identification (USAID) plate:	$100.00
(10) Fee per amusement ride for late inspection request:	$100.00
(11) Fee per amusement ride for failure to cancel inspection request:	$100.00
(12) Additional fee per amusement ride for inspection on weekend or state holiday:	$75.00

(1) Permanent Amusement Ride:

(a) Annual permit fee for each permanent park kiddie amusement ride:	$300
(b) Annual permit fee for each permanent park non-kiddie amusement ride:	$400
(c) Annual permit fee for each permanent park super amusement ride:	$600

One half of the annual permit fee shall be paid on the date of the annual permit inspection, and the remaining balance shall be paid within six months following the annual permit inspection.

(2) Temporary Amusement Ride:

(a) Permit fee for each temporary kiddie amusement ride:	$150
(b) Permit fee for each temporary non-kiddie amusement ride:	$200
(c) Permit fee for each temporary super amusement ride:	$300

(3) Permanent or Temporary Amusement Rides:

(a) Inspection fee per go kart, in addition to the track permit fee:	$10/kart
(b) Reinspection fee (return to site):	$500
(c) Reinspection fee (return on-site):	$100
(d) Fee to replace a lost US Amusement Identification Plate (USAID):	$100
(e) Fee per amusement ride for late inspection request:	$100
(f) Fee per amusement ride for failure to cancel inspection request:	$100
(g) Additional fee per amusement ride for inspection on weekend or state holiday:	$75
(h) Inspection fee per harness, in addition to the ropes course/zipline permit fee:	$5

Rulemaking Authority 616.165, 616.242(7), (8), (9), (13), (14) FS. Law Implemented 616.242(8)(9) FS. History–New 9-15-92, Amended 2-23-94, 5-27-96, 9-23-97, 2-14-99, 3-21-00, 12-4-00, 1-22-02, 5-30-05, Formerly 5F-8.012, Amended 10-29-19, .

5J-18.0127 Enforcement Actions and Administrative Penalties.

(1) No change.

(2) The department will enforce compliance with Chapter 616, F.S., and this rule chapter by issuing an administrative complaint, notice of noncompliance, and/or an immediate final order for violations of Chapter 616, F.S., and this rule chapter.

(3) Stop Operation Orders. A stop operation order, which acts as an immediate final order, is necessary to effectuate the statutory duties of the dDepartment in the interest of public health, safety, and welfare and is necessary to promote patron safety in the design, construction, assembly, disassembly, maintenance, and operation of amusement rides in Florida. A stop operation order will be used to prohibit the operation of an amusement ride that fails to comply with the requirements of Chapter 616, F.S., or this rule chapter. Once the amusement ride is in compliance with the requirements of Chapter 616, F.S., and this rule chapter, the stop operation order shall be released by the department.

(4) Nothing in this chapter shall limit the ability of the Department to informally dispose of administrative actions by settlement agreement, consent order, or other lawful means.

(4)(5) Rule Not All-Inclusive. This rule contains illustrative violations. It does not, and is not intended to encompass all possible violations of statute or department rule that might be committed by any person. The absence of any violation from this rule shall in no way be construed to indicate that the violation does not cause harm to the public or is not subject to a penalty. In any instance where the violation is not listed in this rule, it will be penalized in accordance with paragraph (9)(c) (9)(b) of this rule.

(5)(6) Aggravating and Mitigating Factors. The department will consider aggravating and mitigating factors in determining penalties for violations of Chapter 616, F.S., and this rule chapter. The factors shall be applied against each single count of the listed violation. If a notice of noncompliance is issued for an initial violation, a second violation within a three-year period shall result in a fine of at least $250, not to exceed $2,500. Both aggravating and mitigating factors, if present, shall be applied against each single count of the listed violation regardless of whether the violation is a minor violation or a major Tier I or Tier II violation as described in subsection (9), below.

(a) Aggravating factors shall include:

1. through 2. No change.

3. Previous violations within the preceding three years for the same or a similar offense that resulted in imposition of administrative penalties, issuance of a notice of noncompliance, or suspension or revocation of a permit or inspection certificate.

4. No change.

5. The violator impeded, or otherwise failed to cooperate with, the dDepartment’s inspection or investigation.

6. Previous disciplinary action against the violator in this or any other jurisdiction and the deterrent effect of the penalty imposed.

7. through 8. No change.

9. The violation resulted from negligence or an intentional act.

10. No change.

11. The number of other violations proven in the same proceeding.

11.12. The benefit to the violator.

(b) Mitigating factors shall include:

1. through 3. No change.

4. Acts of God or nature that impair the ability of the violator to comply with Chapter 616, F.S., or this rule chapter.

5. No change.

6. The number and seriousness of the counts in the administrative complaint.

6. 7. The disciplinary history contains no prior violations within the past three years of the person committing the violation.

8. If a repeat violation, three years have passed since the prior violation.

(6)(7) The provisions of this rule chapter shall not be construed so as to prohibit or limit any other civil action or criminal prosecution that may be brought.

(8) In addition to the penalties established in this rule, the Department reserves the right to seek to recover any other costs, penalties, attorney’s fees, court costs, service fees, collection costs, and damages allowed by law. Additionally, the Department reserves the right to seek to recover any costs, penalties, attorney’s fees, court costs, service fees, collection costs, and costs resulting from a payment that is returned for insufficient funds to the Department.

(7)(9) Penalties.

(a) Notice of Noncompliance. Any dDepartment investigation or inspection which reveals minor violations of this rule chapter in which the dDepartment determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the dDepartment’s first response to the violation. If a notice of noncompliance is issued for an initial violation, a second violation within a three-year period shall be penalized in accordance with paragraph (7)(b) of this rule. Any subsequent violation within a three-year period shall be penalized in accordance with paragraph (7)(c) of this rule. For the purposes of this rule, the following violations shall result in the issuance of a notice of noncompliance for the first violation only:

1. Failure to maintain or make immediately available to the dDepartment upon request the required Owner’s Daily Inspection Reports.

2. Failure to maintain or make immediately available to the dDepartment upon request employee training records (employee trained, but no records).

3. Failure to provide the dDepartment a copy of the manufacturer’s operating instructions, operating fact sheet, or written manufacturer’s bulletins.

4. Failure to maintain the required operations manual written in the English language for each go-kart and go-kart track that includes a detailed scaled drawing of the go-kart type course, manufacturer’s maintenance instructions and specification for each go-kart, and written emergency plans.

5. Failure to maintain the required operations manual written in the English language for water parks that contain general maintenance and cleanup procedures, equipment operation instructions and written emergency plans.

(b) Minor Tier I Violations. Minor Tier I violations shall result in the imposition of an administrative fine against the owner or manager of the amusement ride of up to $5,000 $250 per violation, per day. For the purposes of this rule, the following violations shall be considered minor Tier I violations:

1. Failure to maintain or make immediately available to the dDepartment upon request the required Owner’s Daily Inspection Reports.

2. Failure to maintain or make immediately available to the dDepartment upon request employee training records (employee trained, but no records).

3. Failure to provide the dDepartment a copy of the manufacturer’s manual, operating document, maintenance checklist instructions, operating fact sheet, or written manufacturer’s bulletins.

6. Failure to maintain the required operations manual written in the English language for amusement devices that are not included in subparagraphs 4. or 5. of this paragraph.

7. Failure to report an accident as required by Section 616.242, F.S.

8. Failure to prominently display required signage at the entrance of each amusement ride.

(c) Major Tier II Violations. Major Tier II violations shall result in the imposition of an administrative fine against the owner or manager of the amusement ride of up to $10,000 $1,000 per violation, per day or suspension of the owner’s or manager’s permit or inspection certificate for not more than one year or revocation of the owner’s or manager’s permit or inspection certificate or any combination thereof. For the purposes of this rule, the following violations shall be considered major Tier II violations due to their high potential for consumer harm:

1. Operation of an amusement ride by an employee(s) who is/are not trained to operate or maintain the ride.

2. Operating an amusement ride in a manner or circumstance that presents a risk of serious injury to patrons, which does not result in a reportable accident.

3. Operating an amusement ride with a structural, mechanical or electrical defect/failure, that affects patron safety, of which the owner or manager has knowledge, or through the exercise of reasonable diligence, should have knowledge, which does not result in a reportable accident.

4. Operating an amusement ride in a manner or circumstance that presents a risk of serious injury to patrons, which results in a reportable accident.

5. Operating an amusement ride with a structural, mechanical or electrical defect, that affects patron safety, of which the owner or manager has knowledge, or through the exercise of reasonable diligence, should have knowledge, which results in a reportable accident.

4.6. Operating an amusement ride which has not been inspected and tested by the owner or manager in accordance with the requirements of Section 616.242(16) (15), F.S.

5.7. Operating an amusement ride without a current permit, as outlined in Section 616.242(5) and (6), F.S.

6.8. Operating an amusement ride without an affidavit of compliance/non-destructive testing, as outlined in Section 616.242(7) (6), F.S.

7.9. Presenting a ride as ready for inspection when it has a defect that affects patron safety, and when the owner or manager had or should have had knowledge of the defect. Operating an amusement ride without an inspection certificate, as outlined in Section 616.242(7), F.S.

8.10. Operating an amusement ride without insurance, as outlined in Section 616.242(10) (9), F.S.

9.11. Operating an amusement ride by an employee who is under the influence of drugs or alcohol.

10.12. Operating an amusement ride that has undergone a major modification without certification from a professional engineer that the amusement ride is in compliance with Section 616.242, F.S., andor Chapter 5J-18, F.A.C.

11.13. Operating an amusement ride in violation of any order of the dDepartment, or any court, or an Immediate Final Order.

12.14. Failure to provide track safety barriers that are constructed to prevent a vehicle from overturning or running over or under the barrier, as required by paragraph 5J-18.015(6)(b), F.A.C.

13.15. Failure to describe and demonstrate to patrons emergency signals prior to operation of vehicles, as required by paragraph 5J-18.015(4)(n), F.A.C.

14.16. Failure to instruct patrons as to safe operation procedures, as required by paragraph 5J-18.015(4)(o), F.A.C.

15.17. Failure to enforce rules for safe operations, as required by paragraph 5J-18.015(4)(p), F.A.C.

16.18. Operation of an amusement ride at a speed in excess of its maximum safe operating speed.

17.19. Operating in violation of any requirement set forth in Rule 5J-18.0152, F.A.C.

18.20. Failure to timely correct a violation as directed in a notice of correction.

19.Failure to report an accident as required by section 616.242, F.S.

20. Violations of section 616.242(15)(b), F.S.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19), (21) FS. History–New 5-30-10, Formerly 5F-8.0127, Amended 7-27-17, 10-29-19,_________.

5J-18.0128 Resolution of Violations, Settlement, and Additional Enforcement Remedies.

(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 120.57(4), F.S. The 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 Chapters 120 or 616, F.S.

(1)(2) Failure to respond to an administrative complaint shall result in the entry of a dDefault Final Order against the violator or entity responsible for the violation. The dDepartment shall impose administrative fines in a dDefault Final Order equal to the maximum amount allowable under Section 616.242(21) (19), F.S.

(2)(3) A failure to comply with either a Final Order or a dDefault Final Order of the dDepartment shall result in revocation of the amusement ride owner’s permit or inspection certificate and an administrative fine against the owner or manager 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.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242(4)(b), (18), (19), (21) FS. History–New 5-30-10, Formerly 5F-8.0128.

5J-18.014 Training of Managers, Attendants, and Maintenance Persons.

(1) The owner or manager shall maintain the record of employee training required by Section 616.242(17)(16), F.S., on department form FDACS-03431, Rev. 07/19, Fair Rides Employee Training Record. In lieu of form FDACS-03431 as incorporated by reference in Rule 5J-18.0012, F.A.C., the owner or manager may request approval of an alternative form by submitting the form to the department by email to FairRides@FDACS.gov, by fax to (850)410-3797, or by mail to Bureau of Fair Rides Inspection, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500. The department shall approve the alternative form for use if the alternative form includes, at a minimum, all information required on the applicable department form. Upon approval, an alternative form may be used to document employee training as required by Section 616.242(17)(16), F.S.

(2) In order to facilitate safe installation and operation, and in addition to the requirements of subsections 616.242(5), and (6), and (7), F.S., any owner or manager applying for a permit to operate an amusement ride must demonstrate competency by holding a valid National Association of Amusement Ride Safety Officials (NAARSO) certification, or a valid Amusement Industry Manufacturers and Suppliers International (AIMS) inspection or maintenance certification, or certification from another professional organization that meets or exceeds the certification requirements set forth above unless a professional organization does not exist for the type of amusement device(s) operated by the owner or manager.

(3) In lieu of holding the qualifications listed in subsection (2), the owner or manager may designate a representative who meets the requirements set forth therein.

(4) No change.

Rulemaking Authority 616.165, 616.242(4), (17) (16) FS. Law Implemented 616.242 (17) (16) FS. History–New 7-31-94, Amended 2-14-99, 5-30-05, 5-30-10, Formerly 5F-8.014, Amended 7-27-17, 10-29-19, .

5J-18.0142 Reporting of Accidents and Mechanical, Structural or Electrical Defects.

(1) Accidents shall be reported to the department in accordance with Section 616.242(15)(14), F.S. Accidents shall be reported in writing on department form FDACS 03428, Fair Rides Written Accident Report, Rev. 07/19, incorporated by reference in Rule 5J-18.0012, F.A.C.

(2) Relevant to the application and enforcement of Section 616.242(15)(14), F.S., “transport” shall be defined as the conveyance of a patron from one place to another. “Transport” is not limited by reference to a specific means of transportation.

(3) Mechanical, Structural or Electrical defects or failures shall be reported to the department, in writing, in accordance with Section 616.242(15)(14), F.S., on department form FDACS 03430, Fair Rides Mechanical, Structural or Electrical Defect/Failure Report, Rev. 07/20 07/19, incorporated by reference in Rule 5J-18.0012, F.A.C.

(a) Rides shall remain closed until repairs are reviewed by the department.

(b) Before resuming operation, rides must be released for operation by the department.

Rulemaking Authority 616.165, 616.242(4)(b) FS. Law Implemented 616.242(15) (14), FS. History–New 2-14-99, Amended 5-30-05, Formerly 5F-8.0142, Amended 7-5-16, 10-29-19, .

5J-18.015 Regulation of Go-Kart Tracks and Similar Vehicles.

(1) Purpose. This section establishes specific requirements for go-kart amusement rides operating up to 30 miles per hour in addition to the other requirements contained in this chapter pertaining to amusement rides. Amusement rides guided by an automatic steering system are exempt from this section. These requirements help insure that go-kart rides constructed permanently or temporarily in the State are safely operated and maintained. Owners that provide Ggo-kart vehicles and tracks shall at a minimum meet these requirements.

(2) Definitions. As used in this rule section, the following definitions shall apply:

(a) Adult Track means a go-kart track that is designed to operate adult vehicles or kiddie vehicles but not at the same time unless alternative specifications are provided by the manufacturer.

(b) through (e) No change.

(f) Go-Kart, is synonymous with vehicle as defined herein.

(g) Go-Kart device means a course containing a track on which vehicles are operated by patrons.

(f)(h) No change.

(i) Headrest is a structure designed to prevent head injury.

(j) through (k) renumbered (g) through (h) No change.

(l) Patron means a person operating or riding in a vehicle on a track within a course.

(m) through (n) renumbered (i) though (j) No change.

(k)(o) Remote Control Speed Limiting Device means a speed limiting component which allows the operator of the go-kart track to bring the throttle back to idle of any go-kart vehicle on the track.

(p) through (r) renumbered (l) through (n) No change.

(o)(s) Track Safety Barrier means a physical obstruction designed to prevent a vehicle from leaving the track or which will bring a vehicle to a safe stop in a short distance if the vehicle leaves the track.

(p)(t) No change.

(3) Posted Signs. Each owner shall have Aa sign shall be posted at the entrance to each track or in the pit area containing the following instructions and information for operation:

(a) through (d) No change.

(e) Signs indicating indicate direction of travel and must be obeyed;

(f) No change.

(4) Operations.

(a) through (d) No change.

(e) Go-kart Aattendants shall be positioned so that they can observe go-kart track operations and reach any section of the go-kart track immediately. In addition, observation of go-kart facility operations may be supplemented by electronic visual and audio means. Attendants shall not be engaged in the operation of other amusement rides although they may observe go-kart vehicle operations on an adjacent track.

(f) through (j) No change.

(k) Owners shall at a minimum provide Tthe following instructions shall be provided to patrons prior to their permitting operation of the vehicles go-karts:

1. Smoking shall not be permitted in vehicles or pit areas.

2. Vehicle patrons must remain seated and inside vehicles at all times while on the course.

(l) Owners shall provide The track shall be equipped with adequate lighting for night operation, if applicable.

(m) No change.

(n) Track Owners or attendants must describe and demonstrate to patrons all emergency signals prior to operation of vehicles.

(o) Track Owners or attendants must instruct all patrons as to safe operation procedures.

(p) Track Owners or attendants shall enforce all rules for safe operations.

(q) Track Owners or attendants shall prohibit operations of go-karts vehicles by patrons under the influence of drugs or alcohol.

(5) Vehicle Requirements. In addition to the other requirements found in this chapter:

(a) Each owner or manager of a go-kart device shall have a detailed operational manual written in the English language for each go-kart and go-kart track and the vehicle in operation on the track to include:

1. A detailed, scaled drawing of each track Go-Kart type course.

2. No change.

3. Manufacturer’s maintenance instructions and specifications for each type of go-kart vehicle.

(b) The speed of every vehicle shall be limited or governed so as not to exceed the maximum speed for which the track or vehicle is designed.

(f) No more than one person shall occupy a vehicle at any one time unless the vehicle is designed for such operation by the vehicle manufacturer and insured for such operation by the go-kart track’s insurance carrier.

(g) through (h) No change.

(i) To minimize the risk of injury to patrons in the event of a collision or upset, the steering wheel support column, of the steering wheel, headrests, roll bar, and other components which will come in contact with the patron shall be padded. If patrons wear helmets, the roll bar need not be padded.

(j) No change.

(k) All vehicles shall be provided with impact bumpers or impact-absorbing body absorbing parts surrounding all sides of the vehicle. Cars which are released at time intervals so as to run individually are exempt.

(l) All wheels of a vehicle shall be so enclosed, designed, or guarded so that they cannot interlock with or ride over the wheels of another vehicle. Cars which are released at timed intervals so as to run individually are exempt.

(m) through (n) No change.

(o) All parts fasteners on the vehicles must equal or exceed the manufacturer’s specifications.

(p) No change.

(q) Owners shall provide all Vvehicles must have with safety restraints for each patron and roll bars unless the manufacturer specifically prohibits the use of such devices.

(6) Track and Course Requirements.

(a) No change.

(b) Owners shall provide Ttrack safety barriers, as required pursuant to this rule, must be that are constructed to prevent a vehicle from overturning or running over or under the barrier.

(c) Track safety barriers shall be provided and be firmly secured and must provide an uninterrupted continuous barrier along the entire length of both sides of the track with the exception of the pit area. located:

1. Between the track and every obstruction or hazard that is located within 10 feet of the track,

2. Along all non-access and non-egress edges of the pit area,

3. Between tracks or sections of track that are within 10 feet of each other,

4. Between the track and any area where spectators have access.

(d) Cars that run individually and are equipped with remote control speed limiting devices are exempt from barriers required under this chapter.

(e) through (f) redesignated (d) through (e) No change.

(f)(g) Owners shall have Eelectrical systems must be that are in compliance with the local building code.

(7) Fire Protection.

(a) Owners shall provide Ffully charged ABC dry chemical fire extinguishers having a minimum ten pound capacity must be available.

(b) Owners shall provide Ffire extinguishers must be located within 70 feet of every section of the track and at least one fire extinguisher shall be kept next to the refueling area and one at the passenger loading area. The fire extinguishers shall be easily accessible and mounted off the ground.

(8) Refueling.

(a) Owners shall refuel Vvehicles shall be refueled in a designated refuel area. No patrons or spectators are allowed in the area during the time of refueling.

(b) No change.

(9) Inspection Requirement. Prior to inspection of a vehicle there must be present on location:

(a) No change.

(b) The vehicle’s prior inspection reports, as required by section 616.242(16), F.S. conducted by the owner or their designee.

Rulemaking Authority 616.165, 616.242(4), (16) (15) FS. Law Implemented 616.242 FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.015, Amended 7-27-17, 10-29-19, .

5J-18.0152 Regulation of High Speed Go-Kart Tracks Open for Rental Concession Operation.

(1) Purpose. This section establishes specific requirements for high speed go-kart tracks and high speed go-karts open to the public for rental use in addition to the other requirements contained in this chapter pertaining to amusement rides. Owners that provide high speed go-kart tracks and high speed go-karts for rental use shall at a minimum meet these requirements. This rule does not pertain to go kart tracks surrounded by a barrier system defined in rule paragraphs 5J-18.015(6)(b) and (c), F.A.C.

(2) Definitions. As used in this rule, the following definitions shall apply:

(a) Driver means a patron responsible for operating a high speed go-kart. Drivers must be over 10 years of age and must have attended an instructional briefing. Drivers must be of sufficient stature and physical ability to properly reach and manipulate all controls on the go-kart.

(b) Frame means the primary supporting members of the go-kart.

1. Class I means a high speed go-kart governed or otherwise limited to a maximum operating speed of between 30 and 35 mph.

2. Class II means a high speed go-kart governed or otherwise limited to a maximum operating speed of between 35 and 50 mph.

(d) Instructional briefing means an on-site, off-track instructional session led by a track operator or attendant, describing safe operations of the high speed go kart.

(e) Pit area means a designated area where patrons are loaded or unloaded into and out of go-karts.

(f) Refuel area means that area where engine fueling is accomplished.

(g) Roll bar means a frame or structure which extends above the patron’s head and is designed to support the weight of the high speed go-kart, and protect the patron should the go-kart turn over.

(h) Safety restraint means an adjustable lap belt and cross body safety restraints or harness.

(3) Posted Signs.

(a) A sign shall be posted at the entrance to each track or in the pit area containing the following instructions and information for patrons:

1. Helmets required,

2. Closed toe shoes required,

3. Eye protection required,

4. Karts must be operated in a safe manner,

5. Signs indicating direction of travel must be obeyed,

6. The maximum number of Class I or Class II go-karts allowed in operation during a race,

7. Properly secure loose clothing and hair as to not interfere with safe operations,

8. Patrons under the influence of drugs or alcohol are not permitted to operate the high speed go-karts.

(b) If the go-karts are prohibited from having safety restraints or roll bars by the manufacturer the following signage will also be required:

1. Neck guards required,

2. Chest and rib protectors required,

3. Long pants and abrasion resistant jackets required.

(4) High Speed Go-Kart Requirements.

(a) A detailed operational manual for each model high speed go-kart and high speed go-kart track must be kept onsite at all times. Each operational manual must be written in English and must include:

1. A detailed, scaled drawing of each go-kart course, including course measurements,

2. Written emergency plans which also must be posted in the employee’s work area,

3. Manufacturer’s maintenance instructions and specifications for each type of go-kart.

(b) The governor or speed-limiting device shall not be accessible to the patron of the high speed go-kart.

(c) Rotating, moving, or hot engine parts of a high speed go-kart shall be shielded from contact by patrons while exiting, riding, or entering to prevent injury to patrons.

(d) No more than one person shall occupy a high speed go-kart at any one time.

(e) A high speed go-kart shall have brakes that operate as designed by the original manufacturer or as approved by a licensed professional engineer.

(f) The brake and throttle controls on a high speed go-kart shall:

1. Be visually labeled, “stop” for brake, and “go” for gas (fuel), or be color-coded, red for brake, green for go, and

2. Return automatically to a non-operational position when released.

(g) All high speed go-karts shall be equipped with safety restraints and roll bars unless the manufacturer specifically prohibits such devices.

(h) All high speed go-karts shall be equipped with impact bumpers or impact-absorbing parts surrounding the body of the high speed go-kart.

(i) All wheels of a high speed go-kart shall be enclosed, designed, or guarded so that they cannot interlock with or ride over the wheels of another go-kart.

(j) The fuel tank of a high speed go-kart shall be designed and mounted so that when the high speed go-kart is inverted, leakage or seepage of fuel does not exceed 1 ounce in 5 minutes from any source.

(k) All parts on go-karts must meet or exceed the manufacturer’s specifications.

(l) Each high speed go-kart shall be individually identified. This identification shall be permanently affixed to the frame in a consistent and a readily visible location.

(m) High speed go-karts shall not operate at speeds higher than those established in paragraph (2)(c).

(5) Track and Facility Requirements.

(a) Each track shall meet the following criteria:

1. Hard surface tracks shall have a smooth and consistent gripping surface,

2. The width of all tracks shall be a minimum of three times the width of the widest car or 12 feet, whichever is greater, except where cars run individually, and

3. No intersecting course configurations shall be permitted to operate at the same time; however, pit area entrances and exits are permitted.

(b) Track safety barriers must be constructed to stop the go-kart in a manner so as to minimize the risk of injury to a driver in the event of collision.

1. Between the track and every obstruction or hazard that presents risk of injury,

2. Along all non-access and non-egress edges of the pit area,

3. Between tracks or sections of track that are within 50 feet of each other,

4. Between the track and any area where spectators have access,

5. Of sufficient height and present a vertical face to minimize the risk of the kart climbing and/or crossing the barrier per manufacturer or insurance requirements, and

6. Maintained in a condition that would not create a hazard or present an unnecessary risk to a driver should they come in contact.

(d) The pit area, for patron loading and unloading:

1. Must be separated from the track, and

2. Must have separate entrances and exits to the track.

(e) The property where the track is located shall be surrounded by a fence or barrier to avoid inadvertent patron entry. Fences and gates shall be in accordance with rule 5J-18.0125, F.A.C.

(6) In addition to all other requirements, high speed go kart facilities must meet the following requirements:

(a) The speed of the go-karts is governed or otherwise limited in accordance with this rule,

(b) The track is designed to accommodate go-karts travelling at speeds at which the go-karts are being operated on the track, and

(7) Safety Equipment.

(a) At least one fully charged ABC dry chemical fire extinguishers having a minimum ten pound capacity must be located in every passenger loading areas, in every refueling areas, in each employee monitoring stations, and on all recovery/response vehicles.

(b) The location of each fire extinguisher shall be marked and off the ground, and the fire extinguisher shall be easily accessible.

(d) Staff involved in controlling any ride cycle must be equipped with two-way radios or similar communication devices to ensure clear communication at all times.

(e) The following safety equipment is required to operate a high speed go-kart:

1. Helmet - each helmet must meet or exceed the Federal Motor Vehicle Safety Standard 218, section 571.218, Title 49, Code of Federal Regulations, incorporated by reference in rule 5J-18.0011, F.A.C. A copy of this material may be obtained by writing to Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402, or may be inspected at the Division of Consumer Services, Bureau of Fair Rides Inspection at 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500, or may be accessed online at http://www.flrules.org/Gateway/reference.asp?No=Ref-08484,

2. Closed toe shoes, and

3. Eye protection.

(f) In addition to the safety equipment listed in paragraph (6)(e), the following equipment is required to operate a high speed go-kart if restraints or rollbars are prohibited by the manufacturer:

1. Neck guards,

2. Chest and rib protectors, and

3. Long pants and abrasion resistant jackets.

(g) The following safety equipment shall be available if requested by the driver of a high speed go-kart:

1. Neck guards, and

2. Chest and rib protectors.

(8) Refueling.

(a) Go-karts shall be refueled in a designated area. No patrons or spectators are allowed in the area during the time of refueling.

(b) No Smoking signs must be posted next to the refueling dispenser.

(9) Inspection Requirement. Prior to a department inspection of a high speed go-kart, there must be present on location:

(a) The high speed go-kart’s operational manual written in English, and

(b) The high speed go-kart’s prior inspection reports conducted by the owner or their designee.

(10) Operations.

(a) No person shall be permitted to drive a go-kart without attending an on-site instructional briefing designed specifically for the go-kart course being driven. Instructional briefings attended within the previous 30 days will meet this requirement if the instructional briefing content has not changed. The briefing shall include, at a minimum:

1. Discussion of the course design, a visual representation of the course, and specific instructions on how to drive the course,

2. Explanation of the colors of flags and any other signals which will be used during the ride cycle, to include those used when issuing warnings and indicating cessation of operations,

3. Instructions regarding kart gas and braking, to include description and explanation of proper acceleration and deceleration of the high speed go-kart,

4. Instructions on the proper use of safety equipment,

5. Instructions prohibiting blocking, bumping, and reckless driving,

6. Instructions regarding proper operation of vehicle controls,

7. Information regarding the importance of following rules and instructions,

8. Description and demonstration of all emergency signals,

9. Instructions on safe operation procedures, and

10. Instructions on course requirements.

(b) All high speed go-karts that are operated simultaneously on a track shall have body parts, bumpers, and wheels that are size compatible.

(c) High speed go-karts brought by members of the public shall not be operated with high speed rental go-karts unless all high speed go-karts meet all requirements of this section.

(d) Class I and Class II high speed go-karts shall not operate on the track at the same time.

(e) Class II drivers must be over 16 years of age with a valid driver’s license or 18 years of age or older.

(f) Drivers who do not meet Class II requirements but who have safely raced the course in a Class I go-kart a minimum of five sessions may be granted permission to operate a Class II go-kart by the owner or operator of the track. Proof of prior Class I go-kart operation must be recorded and retained by the owner.

(g) The number of high speed go-karts permitted to operate on a track at one time is limited to the number of go-karts the track was designed to safely contain. Documentation of the maximum number of Class I or Class II go-karts that can safety operate on the track at the same time must be maintained by the track owner. Documentation from the track designer, manufacturer, or a professional engineer will meet this requirement.

(h) High speed go-kart attendants shall:

1. Ensure all required safety equipment is being properly used,

2. Be positioned so that they can observe all sections of the track and reach any section of the track immediately. Electronic visual and audio means may be used to supplement attendants’ observation of the track,

3. Observe each patron to ensure proper karting knowledge and driving proficiency,

4. Not be engaged in the operation of other amusement rides during go-kart operations,

5. Ensure drivers are not under the influence of drugs or alcohol during operations,

6. Provide the track with adequate lighting for night operation, if applicable, and

7. Enforce all rules for safe operations.

(i) Tracks shall be free of oil and fuel spills. A high speed go-kart losing oil or fuel shall be immediately removed from the track. In the event of an oil or fuel spill, all operations shall cease until the spill has been cleaned up and the track is deemed by attendants to be safe for operations.

Rulemaking Authority 616.165, 616.242(4) FS. Law Implemented 616.242 FS. History–New .

5J-18.016 Regulation of Water Parks.

(1) No change.

(2) Definitions. As used in this section, the following definitions shall apply:

(a) Catch pool means a pool at the base of the water related amusement ride from which patrons exit. Catch pool attendant means an attendant who directly monitors the activity in the plunge pool and immediate vicinity.

(b) Catch pool attendant means an attendant who directly monitors the activity in the catch pool and immediate vicinity. Dispatcher means an attendant who supervises the operation at the top of the water related amusement ride.

(d) Plunge or Catch pool means a pool at the base of the water related amusement ride from which patrons exit.

(d) (e) No change.

(f) Start pool means a shallow trough or pool at the top of the water related amusement ride where the patron enters the flume.

(g) Water park means an amusement park with water related amusement rides.

(e) (h) Water related amusement ride means any amusement ride involving immersion of the body totally or partially in the water.

(f) (i) Water slide means a water related amusement ride used as a recreational device which:

1. through 2. No change.

3. Is designed to provide a descending ride into a catch pool, or runout or body of water at the base of the water related amusement ride.

(3) Manual.

(a) Each owner or manager of a water related amusement ride shall maintain an operational manual or other written instructions for all operation and maintenance.

(b) No change.

(4) Posted Signs. At the water park’s entrance or at each water related amusement ride, the owner or manager shall provide a sign that conveys the meaning of the following instructions and information:

(a) No change.

(b) Any other instructions recommended or required by the manufacturer, or owner or manager to be posted.

(5) Daily Inspections. During operations, the owner, manager, or the owner’s designee shall:

(a) No change.

(b) Maintain appropriate water related amusement ride inspection records as required in Section 616.242(16) (15), F.S., and section 4.1.4, F770-18, ASTM International Committee F-24 on Amusement Rides and Devices Designation, as incorporated by reference in Rule 5J-18.0011, F.A.C.

(6) Operation.

(a) The owner or /manager shall operate each water related amusement ride in accordance with its operations manual and manufacturer requirements.

(b) through (c) No change.

(d) Owners, managers or attendants shall instruct all patrons as to safe operation procedures.

(e) Owners, managers or attendants shall enforce the rules for patron safety set out in the owner’s operations manual and in manufacturer’s requirements.

(7) Criteria.

(a) No change.

(b) The water park shall be fenced. Fencing and gating shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations F1159-16 and F2291-18 as incorporated by reference in Rule 5J-18.0011, F.A.C. Rule 5J-18.0125, F.A.C. Individual water related amusement rides need not be fenced when the water park is fenced.

(8) Ingress, Egress, and Walking Surfaces. The owner or manager shall maintain the means of ingress, egress and walking surfaces of the amusement ride so that they are slip resistant with a textured surface which is not conducive to slipping under contact of bare feet.

Rulemaking Authority 616.165, 616.242(4)(c) FS. Law Implemented 616.242(4) FS. History–New 12-6-93, Amended 2-14-99, 5-30-10, Formerly 5F-8.016, Amended 7-27-17, 5-2-19, 10-29-19, .

5J-18.024 Exempt Nonmotorized or Human Powered Amusement Rides.

The following amusement rides, and those of comparable construction or function, are exempt from permitting and inspection by the department pursuant to Section 616.242(11)(c) (10)(b), F.S., because they are nonmotorized or human powered.

(1) through (12) No change.

(13) Motion simulators or other comparable equipment that uses motion picture simulation along with mechanical movement, and does not rotate or move more than 45 degrees in any direction.

(14) Free Driving Machinery, such as a monster truck, combine harvester or military equipment, that is not confined to a metal track but is driven in a confined area.

(15) Ice Slides or other comparable equipment which has a total vertical drop of less than ten feet, and which has ice or refrigeration applied to its surface.

Rulemaking Authority 616.165, 616.242(4)(b), (11)(c) (10)(b) FS. Law Implemented 616.242 FS. History–New 10-10-01, Amended 5-30-05, Formerly 5F-8.024, Amended 10-14-18, 10-29-19, .

NAME OF PERSON ORIGINATING PROPOSED RULE: Michelle Faulk, Bureau of Fair Rides Inspection
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Nicole Fried
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 11, 2020
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 2, 2020

Document Information

Comments Open:: 8/13/2020
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.
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.
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.
Contact:: Michelle Faulk, 2005 Apalachee Parkway, Tallahassee, Florida 32399; (850) 410-3838.
Related Rules: (15): 5J-18.001. Definitions; 5J-18.0012. Bureau of Fair Rides Inspection Forms; 5J-18.002. Application for Annual Permit, USAID Number; 5J-18.003. Qualified Inspectors; 5J-18.004. Nondestructive Testing of Amusement Rides; More ...