Notice of Development of Rulemaking

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Standards
RULE NO: RULE TITLE
5F-8.0011: Standards Adopted
5F-8.0012: Bureau of Fair Rides Inspection Forms
5F-8.009: Inspections by Owner or Manager
5F-8.0125: Fencing and Gate Standards
5F-8.0126: Minor Rule Violations; Notice of Non-Compliance
5F-8.0127: Enforcement Actions and Administrative Penalties
5F-8.0128: Resolution of Violations, Settlement, and Additional Enforcement Remedies
5F-8.014: Training of Managers, Attendants, and Maintenance Persons
5F-8.015: Regulation of Go-Karts and Similar Vehicles
5F-8.016: Regulation of Water Parks
5F-8.025: Regulation of Bungy Operations
5F-8.050: Games
PURPOSE AND EFFECT: The purpose of these rules is (1) to incorporate materials by reference; (2) the rule revision for Bureau of Fair Rides Inspection Forms is proposed for the purpose of correcting revision dates & adopting changes to those forms adopted by the Bureau; (3) to revise the provisions relating to the Owner’s Daily Inspection Reports to allow fair ride owners to submit their own form documenting the daily inspections as long as the owner’s form contains the same information required by and included on the Department’s forms; (4) to adopt fencing and gate standards for all amusement rides operating within the state: (5) to adopt guidelines for imposing administrative remedies when the Department determines there is a violation of the statute or rules; (6) to revise the provisions relating to the Employee Training Records to allow the fair ride owners to submit their own form documenting the training of managers, attendants, and maintenance persons as long as the owner’s form contains the same information required by and included on the Department’s form; (7) to set forth guidelines for attendants in regards to track monitorship; (8) to revise attendant responsibilities on all water related rides; and (9) to add a Bureau authorized game to those already approved to operate within the State.
SUBJECT AREA TO BE ADDRESSED: This rulemaking amends Chapter 5F-8, F.A.C., which relates to safety standards for amusement rides operating in the state of Florida. Specifically, this rule addresses incorporating forms and materials by reference, providing alternate forms that fair ride owners may use in lieu of Department forms, adopts fencing and gate standards for all amusement rides and adopts guidelines for imposing administrative sanctions.
SPECIFIC AUTHORITY: 616.165, 616.242 FS.
LAW IMPLEMENTED: 616.242 FS.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 4, 2009, 10:00 a.m.
PLACE: Florida Department of Agriculture and Consumer Services, 3125 Conner Blvd., Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 24 hours before the workshop/meeting by contacting: Robert H. Jacobs, Bureau Chief of Fair Rides Inspection, 3125 Conner Blvd., Suite N, Tallahassee, FL 32399, (850)488-9790. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Robert H. Jacobs, Bureau Chief of Fair Rides Inspection, 3125 Conner Blvd., Suite N, Tallahassee, FL 32399, (850)488-9790

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.