Sep 24 2007 11:17 SEP-24-2007 11:42 DEPT OF AGRICULTURE LEGAL 856 245 1681 Pa : i Florida Department of Agriculture and Consumer Services CHARLES H. BRONSON, Commissioner The Capitol « Tallahassee, FL 32399-0800 www.doacs.state.fl.us Please Respond to: Division of Standards 3125 Conner Blvd,, Suite E Tallahassee, FL. 32399-1650 Telephone: (850) 487-3600 Fax: (850) 922-8971 August 15, 2007 VIA CERTIFIED MAIL #7160 3901 9849 3443 6252 RETURN RECEIPT REQUESTED Mr. Brian D. Hess, Registered Agent Super Speed Fun Park, Inc. 9108 West Highway 98 Panama City Beach, FL 32408 RE: ADMINISTRATIVE COMPLAINT AND SETTLEMENT AGREEMENT AC Number AS50735 . INVESTIGATION RESULTS The Department of Agriculture and Consumer Services (hereafter “Department™) conducted an investigation into a June 27, 2007 amusement ride accident that occurred at Super Speed Fun Park, 9523 Front Beach Road, Panama City, Florida (a permanent amusement park), involving the go-kart track, “Golden Gate of Super Speed Fun Park” (USAID #03035), owned by Super Speed Fun Park, Inc. (hereafter “Respondent”), 9523 Front Beach Road, Panama City, Florida. The accident occurred when a patron’s go-kart was hit from behind by another kart which resulted in a cut to the back of the patron’s head, The cause of the injury was due to exposed seat pad mounting screws that were not covered by padding, creating a sharp point. The patron was checked on site by park staff and then transported to an area medical facility for treatment of injuries. As a result of the Department’s investigation, it was found that Respondent committed the following violation Section 616.242(19)1.a, Florida Statutes: Operating an amusement ride with a structural defect that affects patron safety, of which the owner or manager has knowledge, or through the exercise of reasonable diligence, should have knowledge. SETTLEMENT At this time, the Department is willing to settle this matter as follows: (a) Respondent shall refrain from any further violations of Chapter 616, Florida Statutes; and (b) Respondent will make a payment of $1, $00 in the form of a check or money order payable to the “Department of Agriculture and Consumer Services”; and (c) Respondent will sign, date and complete the Settlement Agreement where indicated; and Florida Agrieulture and Forest Products Sep 24 200? 11:18 SEP-24-2087? 11:42 DEPT OF AGRICULTURE LEGAL 856 245 1681 P.a4 } , (a) Respondent will return the above payment and Settlement Agreement, and any other documents required to be submitted in the enclosed envelope within sufficient time so that the Department - receives them within 21 days of your receipt of this letter; and ‘ (e) Respondent acknowledges and agrees that this Settlement Agreement is subject to the final review and approval of the Florida Commissioner of Agriculture or his designee; and (f) Respondent further acknowledges and agrees that if it fails to comply with the terms of this Settlement Agreement, the Department may enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. If this settlement is acceptable, please indicate your acceptance by signing the attached Settlement Agreement and return the original of this letter along with all other documents required for settlement in the enclosed envelope within twenty-one (21) days of receipt of this letter. Acceptance of this settlement and the timely return to the Department of all settlement documents will conclude this matter subject to final approval by the Commissioner's office. : ADMINISTRATIVE BEARING AVAILABLE If you wish to contest the department’s findings, you have the right to request an administrative hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and arguinent, to call and cross-examine witnesses, and to have subpoena and subpoena duces tecum issued on your behalf ifa hearing is requested, Your request for hearing must contain your name and address for purposes of service, a statement requesting either a hearing involving disputed issues of material fact or a hearing not involving disputed issues of material fact, and a reference to this administrative complaint. Ifyou request a hearing the offer of settlement is withdrawn and you may receive a more severe penalty. DEADLINE TO REQUEST AN ADMINISTRATIVE HEARING Your request for a hearing must be received within twenty-one (21) days of receipt of this letter. FAILURE TO SETTLE OR REQUEST AN ADMINISTRATIVE HEARING If you fail to settle or fail to request an administrative hearing within the twenty-one (21) day deadline you waive your right to a hearing and the department may enter a Final Order imposing up to the maximum penalties as authorized by Florida law. FURTHER INFORMATION If you wish to discuss this matter, please contact me at (850) 487-3600. Sincerely, CHARLES H. BRONSON COMMISSIONER OF AGRICULTURE WL Williams Investigator Supervisor Attachments: AY Return Envelope ~W_ Settlement Agreement _wi¢ Notice of Rights/Fearing Request Form Sep 24 200? 11:18 SEP-24-2087 11:43 DEPT OF AGRICULTURE LEGAL B56 245 1641 P.@S ) é Florida Department of Agriculture and Make check payable to and remit form to: Consumer Services FL Department of Agriculture and Consumer Services P.O. Box 6720 Tallahassee, FL 32314-6720 SETTLEMENT AGREEMENT August 15, 2007 Super Speed Fun Park, Inc. 9523 Front Beach Road Panama City Beach, FL 32408 AC No. A50735 [hereby agree to settle the violation(s) stated in the Administrative Complaint and Settlement Agreement dated August 15, 2007_, as follows (check one): T agree to pay the fine amount of $.1,500__, and comply with all laws governing amusement rides in the State of Florida. . lagree to pay the fine amount of $1,500, and immediately cease conducting amusement ride activities in the State of Florida. . I further agree that if I fail to comply with the terms of this settlement the Department will enter a Final Order imposing the maximum penalties authorized by Florida law, and may seek additional remedies in court. APPROVED BY: CHARLES H. BRONSON Name (please print) Legal Name of Business COMMISSIONER OF AGRICULTURE Signature Date Title Telephone Number Terry L. Rhodes Assistant Commissioner FL Department of Agriculture and Consumer Services ATTACH ALLITEMS REQUIRED FOR SETTLEMENT % Org. Code: — 42-03-04-01-000 ect Division of Standards EO: A2 Object Code; 012052 Sep 24 200? 11:18 SEP-24-2007 11:43 DEPT OF AGRICULTURE LEGAL 856 245 1681 P86 , . Administrative Complaint No: ADI3S _ FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES TICE OF RIGHTS AND HE. G TEST FORM (pursuant to Chapter 120, Florida Statutes) You may request a hearing where you do not dispute the facts (Informal Hearing) or a hearing to dispute the facts (Formal Hearing). Your choice must be made within twenty-one (21) days. Failure to comply with the twenty-one (21) day deadline may result in a default being entered against you. Medigtion pursuant to Chapter 120, Florida Statutes is not available. INFORMAL HEARING If you do not dispute or wish to contest the facts in the administrative complaint, but wish to object to the agency action, ic. the application of the law to the facts or the proposed penalty, you should choose this option. An informal hearing is an informal proceeding before the Department whereby you will have the o| ity to be represented by counsel, to present written or oral evidence in opposition to the Department’s proposed action, or to present a written statement challenging the grounds upon which the Department is justifying its actions. You will have the opportunity to discuss settlement at the . informal hearing. FORMAL HEARING If you dispute the facts in the administrative complaint you should choose 4 formal hearing. Formal hearings are like non-jury trials, and are held before an administrative law judge. At a formal hearing, you will have the opportunity to be represented by counsel, to present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, and to file exceptions to the administrative law judge's recommended order. . If you choose a formal hearing, the Division will refer your file to the Department’s legal staff for handling. Please note that the administrative complaint may be amended to increase the violations or. the proposed penalty. Your case will then be forwarded to the Division of Administrative Hearings for assignment of an administrative law judge. You will ordinarily be required to appear in person. TO REQUEST A HEARING, COMPLETE THE FORM ON THE REVERSE SIDE AND RETURN TO: Art Williams, Investigator Supervisor Division of Standards Department of Agriculture & Consumer Services 3125 Conner Boulevard, Suite E Tallahassee, Florida 32399-1650 Telephone: (850) 487-3600

Docket for Case No: 07-004396