Florida Administrative Code

(1) The application fee is $125.00 for Application for Certificate of Authorization, Application for Temporary or Permanent Licensure as a Surveyor and Mapper, whether by examination or endorsement, and Application for Reactivation of Inactive Licensure. Applicants for examinatio…

(1) The Legislature requires each Board to adopt a rule requiring each initial and each renewing licensee to pay an additional $5.00 fee to fund the efforts of the Department to combat unlicensed activity. (2) Effective July 1, 1993, each initial licensee and each renewing licens…

The offenses enumerated in this rule may be disciplined by the issuance of a citation by the Department of Agriculture and Consumer Services. The citation shall impose the prescribed fine, and the Department may impose the costs of the investigation. If the citation option is acc…

The offenses enumerated in this rule shall be the subject of a notice of noncompliance before disciplinary action is taken: (1) A business entity's first time failure to notify the Board within one (1) month of any changes in the business entity's location of offices, its license…

(1) For the purposes of this chapter, the following definitions shall apply: (a) "Mediation" means a process whereby a third person acts to encourage and facilitate the resolution of a dispute between a complainant and licensee without prescribing what the resolution should be. T…

(1) A licensee on probation shall: (a) Timely pay any fine imposed; (b) Timely attend and submit proof of attendance at any continuing education course or program required by the terms of the probation; (c) Timely submit required surveys for review by the Probation Committee of t…

(1) A probationer submitting surveys for review shall: (a) Provide the Board with a list of all signed and sealed surveys, which shall contain a minimum of three (3) surveys, that have been performed by the probationer, for or without compensation, within 90 days of the date of t…

Persons wishing to apply for appointment to serve as a member of the Board of Professional Surveyors and Mappers must complete "Board of Professional Surveyors and Mappers Appointment Questionnaire" FDACS-10059, Rev. 11/22, hereby incorporated by reference. Copies of the form may…

(1) For the purposes of this chapter, the following definitions shall apply: (a) "Anticipated costs" means the projected direct and indirect costs and administrative overhead of the Board based upon the current fiscal year's legislative appropriation enactment and other anticipat…

When used in rule Chapter 5J-17, F.A.C., the following terms shall have the meanings provided: (1) "Country" shall mean any independent or dependent governmental unit with established boundaries within the Western Hemisphere. (2) "A country in the Western Hemisphere which lacks d…

(1) The examination for licensure of foreign-trained exiled professionals shall be a written practical examination which tests the current ability of the applicant to practice the profession of professional surveying and mapping. The examination shall not test the academic and pr…

(1) Documentation of graduation shall include copies of any document which properly identifies: (a) The applicant by name; (b) Completion of academic requirements; (c) The name and location of the college, university or school from which the document was received; (d) The signatu…

(1) Three years of lawful practice shall consist of experience by reason of practice in the practice of surveying and mapping. Such lawful practice shall include valid licensure in the jurisdiction wherein the practice occurred if such licensure was required. Three years practice…

The term "program" when used in this rule means the pre-examination continuing education course of study provided in Section 472.0101, F.S. (1) The content of the program shall be designed to prepare the applicant for examination for licensure. The program is to prepare the appli…

(1) Applicants for licensure as foreign-trained exiled professionals shall submit an application fee of $100 with their application. (2) The fees for examination of foreign-trained exiled professionals shall be determined by the cost to the Department for acquisition, preparation…

The definitions in Sections 616.001 and 616.242(3), F.S., and the following definitions shall apply: (1) In-house, full-time safety inspector. A person who is a full-time employee of a permanent facility and who is a professional engineer, or is a qualified inspector, as defined …

The following standards, materials and practices are hereby adopted and incorporated by reference. Copies of the following publications may be obtained from the sources referenced below and are available for public inspection during regular business hours at the Florida Administr…

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 Revi…

(1) The owner or manager of a permanent amusement ride shall make application to the department via the online registration portal at https://FairRides.FDACS.gov, for an annual permit and inspection, or re-inspection for each amusement ride in accordance with Section 616.242(5), …

(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 (NDT), Rev. 09/25, as incorporated by reference in Rule 5J-18.0012, …

(1) In accordance with the requirements of Section 616.242(7), 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…

(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), F.S., and is ready for operation prior to inspection by the department. (2) For temporary amusement…

(1) Signage shall be prominently displayed at the entrance of the amusement ride to include the following instructions and information for operation: (a) Age restrictions; (b) Size restrictions; (c) Health restrictions; (d) Weight limitations; (e) Special considerations or use re…

(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), F.S., and record the inspection on the app…

(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 amusem…

The following fees are adopted: (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…

Fencing and gate standards shall be in accordance with ASTM International Committee F-24 on Amusement Rides and Devices Designations, as incorporated by reference in Rule 5J-18.0011, F.A.C., and the following shall be the fencing and gate standards for amusement rides: (1) Amusem…

(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 aggravatin…

(1) Failure to respond to an administrative complaint shall result in the entry of a default Final Order. The department shall impose administrative fines in a default Final Order up to the maximum amount allowable under Section 616.242(21), F.S. (2) A failure to comply with eith…

Certain portions of Rule 5J-18.025, F.A.C., Regulation of Bungy Operations, shall apply to amusement rides which, although excluded from the definition of "bungy jumping," utilize a bungy cord as a dynamic force or otherwise utilize a bungy cord as a component of the amusement ri…

(1) The owner or manager shall maintain the record of employee training required by Section 616.242(17), F.S., on department form FDACS-03431, Rev. 05/24, Fair Rides Employee Training Record. In lieu of form FDACS-03431 as incorporated by reference in Rule 5J-18.0012, F.A.C., the…

(1) Accidents shall be reported to the department in accordance with Section 616.242(15), 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. Following an …

(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 exem…

(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-kar…

(1) This section establishes specific requirements for water related amusement rides in addition to the general requirements contained in this chapter in order that water related amusement rides erected permanently or temporarily in the state are operated and maintained in accord…

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), F.S. (1) Orbitron, Gyro Sphere or other comparable equipment that allows the patron to rotate on severa…

(1) Purpose. This rule specifies and gives guidance on the site and site approval, testing of equipment, the management of the operation, the operating procedures, the provisions and emergency procedures relating to bungy operations. (Bungy is sometimes spelled "bungee".) (a) For…

(1) Purpose. This rule specifies and gives guidance for minimum trade standards for the operation of games at public fairs and expositions. (2) Definitions. The definitions in Sections 616.001 and 616.242, F.S., and Chapter 5J-18, F.A.C., and the following shall apply: (a) "Agent…

The standards of the National Fire Protection Association for the storage and handling of liquefied petroleum gases as published in NFPA 58, Liquefied Petroleum Gas Code, 2024 Edition, for gas appliances and gas piping as published in NFPA 54, National Fuel Gas Code, 2024 Edition…

The following documents are hereby incorporated by reference and may be obtained from the Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, FL 32399-6500 or online as indicated. (1) Pursuant to Section 527.02(4)(b), F.S., the following persons are eligible for a…

Grounds for a determination of a lack of "trustworthiness" pursuant to Sections 527.02 and 527.0201, F.S., as evidenced by an applicant or licensee shall be: (1) Conviction of or pleading guilty or nolo contendere to a felony involving moral turpitude; or (2) An established and r…

(1) A proper and duly-authorized order of revocation or suspension filed by the Commissioner of Agriculture against any individual or entity licensed pursuant to Chapter 527, F.S., may not be obviated or improperly evaded by changes of company name or by technical restructuring o…

(1) All dealer-owned containers, aboveground or underground, installed at consumer locations shall be marked in a legible manner with the name and telephone number of the owner by decal, tag, stencil, or similar marking. (2) Containers gained through acquisition shall be marked a…

(1) All bulk and Category II dispenser storage liquid liquefied petroleum gas valves and all piping, fittings and pipe coverings within 30 inches of such valves shall be painted red; and all bulk and Category II dispenser storage vapor liquefied petroleum gas valves and all pipin…

(1) Any system or container that fails to comply with Chapter 527, F.S., this rule chapter, and any standards incorporated by reference shall be designated unsafe by department staff by means of issuance of a Stop Use Order, to the operator of the system or container. (2) Contain…

Liquefied petroleum gas containers shall be considered approved when designed, fabricated, tested, and marked (or stamped) in accordance with the requirements of Section 5.2, NFPA 58. Liquefied petroleum gas containers offered for sale must meet the requirements of the code under…

Installation of containers on roofs of buildings as referenced in NFPA 58, Section 6.8.9, as incorporated by reference in Rule 5J-20.002, F.A.C., is prohibited. Rulemaking Authority 527.06 FS. Law Implemented 527.06, 527.062 FS. History-New 6-8-99, Amended 5-23-00, 9-2-02, 1-29-0…