Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5J - Division of Consumer Services › Chapter 5J-18 - PERMITTING AND INSPECTION REQUIREMENTS FOR AMUSEMENT DEVICES AND AMUSEMENT ATTRACTIONS › Section 5J-18.0127 - Enforcement Actions and Administrative Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) This rule sets forth the guidelines the
				department will follow in imposing the penalties authorized under Chapter 616,
				F.S. The purpose of the guidelines is to give notice of the range of penalties
				which will be imposed for a single violation. These guidelines list aggravating
				and mitigating factors that, if present, will reduce or increase penalties to
				be imposed against the violator by the department. The guidelines in this rule
				chapter are based upon a single count violation of each provision listed.
				Multiple counts of the violated provision or a combination of the listed
				violations will be added together to determine an overall total penalty and
				will be grounds for enhancement of penalties.
(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 department 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) 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 (7)(c) of this
				rule.
(5) 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. 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 Tier I or Tier II violation as described in subsection (7),
				below.
(a) Aggravating factors shall include:
1. The violation caused, or has the potential
				to cause, serious injury to a person.
2. The violation endangered the public safety
				or welfare.
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.
4. The violation occurred for more than 24
				hours.
5. The violator impeded, or
				otherwise failed to cooperate with, the department's inspection or
				investigation.
6. Previous
				disciplinary action against the violator in this or any other
				jurisdiction.
7. Undue delay in
				initiating or completing, or failure to take, affirmative or corrective action
				after receipt of notice of the violation.
8. The violator's prior knowledge of Chapter
				616, F.S., and Chapter 5J-18, F.A.C.
9. The violation resulted from an intentional
				act.
10. The cost of the
				enforcement action.
11. The benefit
				to the violator.