House Bill 3615

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    Florida House of Representatives - 1998                HB 3615

        By Representative Geller






  1                      A bill to be entitled

  2         An act relating to amusement devices; amending

  3         s. 616.242, F.S.; providing safety standards

  4         for amusement devices; providing purpose and

  5         intent; providing definitions; requiring

  6         adoption of specified standards; prohibiting

  7         the operation of amusement devices without a

  8         permit and affidavit of compliance; providing

  9         for testing of amusement rides; requiring

10         inspections; providing fees; providing

11         exemptions; prescribing inspections standards

12         for amusement devices; authorizing employees of

13         the Department of Agriculture and Consumer

14         Services to inspect and investigate; requiring

15         owners to inspect amusement devices;

16         authorizing the department to adopt rules;

17         providing for the training of operators,

18         attendants, and maintenance persons of

19         amusement devices; prohibiting specified bungy

20         operations; providing for issuance of orders,

21         enforcement, and penalties; providing an

22         effective date.

23

24  Be It Enacted by the Legislature of the State of Florida:

25

26         Section 1.  Section 616.242, Florida Statutes, is

27  amended to read:

28         (Substantial rewording of section. See

29         s. 616.242, F.S., for present text.)

30         616.242  Safety standards for amusement devices.--

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  1         (1)  PURPOSE.--The purpose of this section is to guard

  2  against personal injuries to patrons of amusement devices

  3  within this state. All amusement devices must be designed,

  4  constructed, assembled, disassembled, maintained, and operated

  5  to prevent personal injuries to patrons.

  6         (2)  LEGISLATIVE INTENT.--

  7         (a)  It is the intent of the Legislature that the owner

  8  of an amusement device is responsible for the safety of the

  9  patrons of the amusement device.  The owner of an amusement

10  device is responsible for ensuring that the owner and each

11  amusement device meet the requirements of this section.

12         (b)  This section applies to all amusement devices in

13  this state unless exempt from this section under subsection

14  (11).

15         (3)  DEFINITIONS.--As used in this section, the term:

16         (a)  "Amusement attraction" means any building or

17  structure around, over, or through which persons may move or

18  walk without the aid of any moving device integral to the

19  building or structure, which building or structure provides

20  amusement, pleasure, thrills, or excitement.

21         (b)  "Amusement device" means any amusement ride or

22  amusement attraction.

23         (c)  "Annual permit" means the United States Amusement

24  Identification Number and the numbered and dated decal issued

25  by the department, which signify that the amusement device has

26  been permitted by the department.

27         (d)  "Amusement ride" means any mechanical device or

28  combination of devices that carries or conveys patrons on,

29  along, around, over, or through a fixed or restricted course

30  or within a defined area for the purpose of giving its patrons

31  amusement, pleasure, thrills, or excitement.

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  1         (e)  "ASTM F-24" means the American Society of Testing

  2  and Materials Committee on Amusement Rides and Devices,

  3  Standards On Amusement Rides and Devices, Fifth Edition

  4  (1995).

  5         (f)  "Bungy operation" means an amusement device which

  6  utilizes as a component a bungy cord which is an elastic rope

  7  made of rubber, latex, or other elastic type materials whether

  8  natural or synthetic.

  9         (g)  "Go-kart" means an amusement ride vehicle

10  controlled or driven by patrons specifically designed for and

11  run on a fixed course.

12         (h)  "Inspection certificate" means the document issued

13  by the department, which indicates that the amusement device

14  has undergone a recurring inspection by the department as

15  required by this section.

16         (i)  "Kiddie device" means an amusement device designed

17  primarily for use by patrons up to 12 years of age.

18         (j)  "Kiddie train" means a train designed as a kiddie

19  device which is operated on a flat surface or flat track,

20  carries no more than 14 patrons, and does not exceed a speed

21  of 3 miles per hour.

22         (k)  "Major modification" means any change in either

23  the structural or operational characteristics of the amusement

24  device which will alter its performance from that specified in

25  the manufacturer's design criteria.

26         (l)  "Manager" means a person having possession,

27  custody, or managerial control of an amusement device, whether

28  as owner, lessee, agent, operator, attendant, or otherwise.

29         (m)  "Nondestructive testing" is the development and

30  application of technical methods, including, but not limited

31  to, radiographic, magnetic particle, ultrasonic, liquid

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  1  penetrant, electromagnetic, neutron radiographic, acoustic

  2  emission, visual, and leak testing to examine materials or

  3  components in ways that do not impair the future usefulness

  4  and serviceability in order to detect, locate, measure, and

  5  evaluate discontinuities, defects, and other imperfections; to

  6  assess integrity, properties and composition; and to measure

  7  geometrical characters.

  8         (n)  "Owner" means the person exercising ultimate

  9  dominion and control over an amusement device.

10         (o)  "Patron" means any person who is in the immediate

11  vicinity of an amusement device, getting on or off an

12  amusement device, or using an amusement device. The term does

13  not include employees, agents, or servants of the owner while

14  they are engaged in the duties of their employment.

15         (p)  "Permanent amusement device" means an amusement

16  device that is not regularly relocated.

17         (q)  "Permanent facility" means a location or place

18  from which amusement devices are not regularly relocated and

19  at which such devices operate as a lasting part of the

20  premises.

21         (r)  "Private event" means an event that is not open to

22  the general public and where no admission is charged.

23         (s)  "Professional engineer" means a person who holds a

24  valid license as a professional engineer issued by the

25  Department of Business and Professional Regulation or by an

26  equivalent licensing body in another state.

27         (t)  "Qualified inspector" means a person who meets the

28  requirements of paragraphs (7)(a) and (b).

29         (u)  "Serious injury" means an injury requiring

30  professional medical care, notwithstanding the definition

31  contained in ASTM F-24.

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  1         (v)  "Simulator" means any amusement device that is a

  2  self-contained unit requiring little or no assembly and that

  3  uses a motion picture simulation, along with a mechanical

  4  movement, to simulate activities that provide amusement or

  5  excitement for the patron.

  6         (w)  "Sponsor of event" means the agency, organization,

  7  or entity that hosts and promotes the event.

  8         (x)  "Temporary amusement device" means an amusement

  9  device that is regularly relocated, with or without

10  disassembly.

11         (y)  "Unscheduled cessation" means a rare, unusual, or

12  irregular stopping of an amusement device operation,

13  intentional or otherwise, that is considered abnormal or

14  potentially hazardous in nature due to its cause, method, or

15  result.

16         (z)  "Water park" means a permanent facility with one

17  or more amusement devices that totally or partially immerse a

18  patron in water.

19         (4)  ADOPTION OF STANDARDS; CONFLICTS.--

20         (a)  The owner of an amusement device is responsible

21  for ensuring that each amusement device meets the following

22  standards at all times:

23         1.  Amusement devices must comply with the American

24  Society for Testing and Materials Committee F-24 Standards on

25  Amusement Rides and Devices, Fifth Edition (1995).

26         2.  Amusement devices must comply with the requirements

27  of the National Electrical Code Handbook (1996) Article 525.

28         3.  Amusement devices must comply with the requirements

29  of the National Fire Protection Code 101 (1991) (chapters

30  8-4.6 and 9-4.6).

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  1         4.  Nondestructive testing technicians must comply with

  2  the requirements of the ASTM Standards: E543 Practice for

  3  Determining the Qualification of Nondestructive Testing

  4  Agencies (1997), and the ASNT Document Recommended Practice

  5  SNT-TC-1A Personnel Qualification and Certification in

  6  Nondestructive Testing (1997).

  7         (b)  To the extent of any conflicts between this

  8  section and any standards adopted by this section, this

  9  section shall control.

10         (5)  ANNUAL PERMIT FOR AMUSEMENT DEVICE.--

11         (a)  An amusement device may not be operated without a

12  current annual permit.

13         (b)  To apply for an annual permit an owner must submit

14  to the department a written application on a form prescribed

15  by rule of the department, which must include the following

16  information:

17         1.  The legal name, address, and primary place of

18  business of the owner.

19         2.  A description, manufacturer's name, serial number,

20  model number and, if previously assigned, the United States

21  Amusement Identification Number of the amusement device.

22         3.  A valid certificate of insurance or bond for each

23  amusement device.

24         4.  An affidavit of compliance dated and executed no

25  earlier than 30 days prior to the date of the filing of the

26  application with the department.

27         5.  A request for inspection.

28         6.  Upon request of the department, a copy of the

29  manufacturer's operating instructions and any manufacturer's

30  bulletins concerning the amusement device.

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  1         (c)  An annual permit must be issued by the department

  2  to the owner of an amusement device when a completed

  3  application has been received, the amusement device has passed

  4  the department's inspection, and all applicable fees have been

  5  paid.

  6         (d)  The annual permit is valid for 1 year from the

  7  date of issue and is not transferable.

  8         (e)  The annual permit must be displayed on the

  9  amusement device in a place visible to patrons of the

10  amusement device.

11         (f)  Each go-kart track at the same permanent facility

12  is considered a separate amusement device.

13         (g)  Amusement devices at water parks which operate

14  from the same deck or level are considered one amusement

15  device.

16         (6)  NONDESTRUCTIVE TESTING FOR AMUSEMENT RIDES.--

17         (a)  An owner may not operate an amusement ride unless

18  the owner has at all times a current affidavit of compliance

19  that the amusement ride has undergone nondestructive testing

20  for metal fatigue conducted at least annually, or more often

21  as required by ASTM F-24, by the manufacturer of the amusement

22  ride, or by the professional engineer or qualified inspector

23  executing the affidavit of compliance.

24         (b)  When the manufacturer requires or recommends any

25  nondestructive testing for a particular amusement ride, the

26  nondestructive testing required or recommended by the

27  manufacturer must be conducted on the components designated by

28  the manufacturer at the frequency required or recommended by

29  the manufacturer.

30         (c)  When the manufacturer requires or recommends only

31  visual nondestructive testing for a particular amusement ride,

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  1  the visual nondestructive testing required or recommended by

  2  the manufacturer must be conducted on the components

  3  designated by and at the frequency required or recommended by

  4  the manufacturer, and, in addition, nondestructive testings

  5  must be conducted on those components designated by, and at

  6  the frequency required or recommended by, the professional

  7  engineer or qualified inspector executing the affidavit of

  8  compliance.

  9         (d)  When the manufacturer has neither recommended nor

10  required any nondestructive testing for a particular amusement

11  ride, the nondestructive testing must be conducted on the

12  components designated by, and at the frequency required or

13  recommended by, the professional engineer or qualified

14  inspector executing the affidavit of compliance.

15         (e)  Nondestructive testings must be performed by a

16  technician who meets the requirements of subparagraph (4)(a)4.

17         (7)  AFFIDAVIT OF COMPLIANCE.--

18         (a)  An owner may not operate an amusement device

19  unless the owner has a current affidavit of compliance for the

20  amusement device from a professional engineer or a qualified

21  inspector who is an employee or an agent of the insurance

22  underwriter of the amusement device.

23         (b)  For an inspector for the insurance underwriter to

24  become qualified to inspect amusement devices, the inspector

25  must document to the department in a manner established by

26  rule of the department the following qualifications:

27         1.  A minimum of 5 years experience in the amusement

28  ride field, at least 2 years of which were involved in actual

29  amusement ride inspection with a manufacturer, government

30  agency, park, carnival, or insurance underwriter;

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  1         2.  At least 80 hours of formal education from a school

  2  approved by rule of the department for amusement ride safety

  3  during the past 5 years; and

  4         3.  The completion of 40 hours per year of continuing

  5  education at a school approved by rule of the department,

  6  which includes inservice industry or manufacturer updates and

  7  seminars.

  8

  9  Nondestructive testing training, as determined by rule of the

10  department, may be substituted for up to one-half of the

11  formal education required by this paragraph.

12         (c)  An affidavit of compliance must state that:

13         1.  All nondestructive testing requirements are

14  current.

15         2.  The nondestructive testing was performed by a

16  qualified nondestructive testing technician.

17         3.  The amusement ride was inspected in person by the

18  affiant.

19         4.  The amusement ride complies with the requirements

20  of ASTM-F24, Article 525 of the National Electric Code

21  Handbook, the National Fire Protection Code 101 (chapters

22  8-4.6 and 9-4.6), section 612.242, Florida Statutes, and all

23  applicable rules adopted by the department.

24         5.  The components of the amusement ride which require

25  nondestructive testing as recommended by the manufacturer.

26         6.  The type of nondestructive testing required by the

27  manufacturer.

28         7.  The frequency of the nondestructive testing

29  required by the manufacturer.

30         8.  The components of the amusement ride which require

31  nondestructive testing as designated by the affiant.

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  1         9.  The type of nondestructive testing required by the

  2  affiant.

  3         10.  The frequency of the nondestructive testing as

  4  required by the affiant.

  5         (d)  If only a visual nondestructive testing is

  6  required by either the manufacturer or the affiant, the

  7  affiant must provide an opinion that a visual nondestructive

  8  testing is sufficient for patron safety.

  9         (8)  REQUIRED INSPECTIONS FOR AMUSEMENT DEVICES.--

10         (a)  An amusement device may not be operated unless it

11  has passed an inspection by the department as required by

12  subsection (12) and has received an inspection certificate or

13  unless it is exempt under subsection (11).

14         (b)  Each permanent amusement device must be inspected

15  by the department as required by subsection (12), unless it is

16  exempt under subsection (11).

17         (c)  Each temporary amusement device must be inspected

18  by the department, as required by subsection (12) each time

19  the device is set up or moved to a new location in this state,

20  unless it is exempt under subsection (11).

21         (d)  To obtain a department inspection for an amusement

22  device, the owner must submit to the department on a form

23  prescribed by rule of the department a written Request for

24  Inspection. The owner must provide the following information

25  to the department:

26         1.  The legal name, address, and primary place of

27  business of the owner.

28         2.  A description, manufacturer's name, serial number,

29  model number, and the United States Amusement Identification

30  Number of the amusement device.

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  1         3.  For a temporary amusement device, for each time the

  2  amusement device is set up or moved to a new location, the

  3  date of first intended use at the new location and the address

  4  or a description of the new location.

  5         (e)  For permanent amusement devices the request for

  6  inspection must be received by the department at least 15 days

  7  before the owner's planned opening date or at least 15 days

  8  before the expiration of the prior inspection certificate.  If

  9  the request for inspection is received less than 15 days

10  before the owner's planned opening date or less than 15 days

11  before the expiration of the prior inspection certificate, the

12  department may nevertheless inspect the amusement device and

13  charge a late fee, as set by rule of the department.

14         (f)  For temporary amusement devices, the request for

15  inspection must be received by the department for each time

16  the amusement device is set up or moved to a new location at

17  least 15 days before the date of first intended use at the new

18  location.  If the request for inspection is received less than

19  15 days before the date of first intended use at the new

20  location, the department may nevertheless inspect the

21  amusement device and charge a late fee, as set by rule of the

22  department.

23         (g)  The timely request for an inspection does not

24  guarantee an inspection by the department on the date

25  requested.

26         (h)  Upon failure of an amusement device to pass any

27  department inspection, the owner may request reinspection

28  which shall be submitted in writing to the department on a

29  form prescribed by rule of the department. The department

30  shall reinspect the amusement device as soon as practical

31  following receipt of the written request for reinspection.

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  1  However, the request for reinspection does not guarantee a

  2  reinspection by the department on the date requested.

  3         (i)  If the amusement device passes inspection and the

  4  owner pays the applicable fee, the department shall issue an

  5  inspection certificate, on a form prescribed by rule of the

  6  department.

  7         (j)  The inspection certificate must contain the date

  8  of inspection, the site of the inspection, and the name of the

  9  inspector.

10         (k)  The inspection certificate is valid only for the

11  site stated on the inspection certificate. The inspection

12  certificate is valid for a period of not more than 6 months

13  from the date of issuance, and is not transferable.

14         (l)  The inspection certificate must be displayed on

15  the amusement device at a place readily visible to patrons of

16  the amusement device.

17         (9)  FEES.--

18         (a)  The department shall by rule establish fees for

19  annual permits, replacement of USAID plate, late inspection

20  requests, failure to cancel requests for inspection, holiday

21  and weekend inspections, and all department inspections of

22  amusement devices at a rate that will cover 100 percent of all

23  expenditures associated with the program, including all direct

24  costs, all indirect costs, and all division, data center and

25  administrative overhead. The fees must be deposited in the

26  General Inspection Trust Fund.

27         (b)  Any owner of an amusement device who has not paid

28  all the fees required under this section or who has any unpaid

29  fine outstanding under this section may not operate any

30  amusement device in this state until the fees and fines have

31  been paid to the department.

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  1         (10)  INSURANCE REQUIREMENTS.--

  2         (a)  An owner may not operate an amusement device

  3  unless the owner has in effect at all times of operation

  4  insurance meeting the following requirements:

  5         1.  An insurance policy in an amount of not less than

  6  $1 million per occurrence, $1 million in the aggregate, which

  7  insures the owner of the amusement device against liability

  8  for injury to persons arising out of the use of the amusement

  9  device; or

10         2.  A bond in a like amount; however, the aggregate

11  liability of the surety under the bond may not exceed the face

12  amount thereof.

13         (b)  The policy or bond must be procured from an

14  insurer or surety that is licensed to transact business in

15  this state or that is approved as a surplus lines insurer.

16         (11)  EXEMPTIONS.--

17         (a)  This section does not apply to:

18         1.  Permanent facilities that employ at least 1,000

19  full-time employees and that maintain full-time, in-house

20  safety inspectors.

21         2.  Any playground operated by a school, local

22  government, or business licensed under chapter 509, if the

23  playground is an incidental amenity and the operating entity

24  is not primarily engaged in providing amusement, pleasure,

25  thrills, or excitement.

26         3.  Enterprises principally devoted to the exhibition

27  of products of agriculture, industry, education, science,

28  religion, or the arts.

29         4.  Conventions or trade shows for the sale or exhibit

30  of amusement devices if there are a minimum of 15 amusement

31  devices on display or exhibition, and if any operation of such

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  1  amusement devices is limited to the registered attendees of

  2  the convention or trade show.

  3         5.  Facilities and amusement devices, including skating

  4  rinks, arcades, bowling alleys, miniature golf courses,

  5  mechanical bulls, inflatable bounces or moonwalks,

  6  trampolines, ball crawls, exercise equipment, jet skis,

  7  parasails, hot air or helium balloons, whether tethered or

  8  untethered, theatres, batting cages, or live animal rides.

  9         6.  Go-karts operated in competitive sporting events if

10  participation is not open to the public.

11         7.  Unpowered, nonmechanized equipment that is not

12  required to have an operator:

13         a.  Playground equipment;

14         b.  Stationary spring mounted fixtures; and

15         c.  Rider-propelled merry-go-rounds.

16         8.  Coin actuated amusement devices designed to be

17  operated by depositing coins, tokens, credit cards, debit

18  cards, bills or other cash money and which are not required to

19  have an operator, and which have a capacity of six persons or

20  less.

21         (b)  An inspection certificate is not required for:

22         1.  A temporary amusement device used at a private

23  event;

24         2.  A temporary amusement device used at a public event

25  when there are no more than three amusement devices at the

26  event, and the capacity of each amusement device at the event

27  does not exceed eight persons;

28         3.  A simulator, the capacity of which does not exceed

29  16 persons; or

30         4.  A kiddie train used at a public event if there are

31  no more than three amusement devices at the event.

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  1         (c)  The department may, by rule, establish exemptions

  2  for unpowered or nonmechanized or coin-actuated amusement

  3  devices.

  4         (12)  INSPECTION STANDARDS FOR AMUSEMENT DEVICES.--An

  5  amusement device must conform to and must be inspected by the

  6  department in accordance with the following standards:

  7         (a)  All control devices, speed-limiting devices,

  8  brakes, and safety equipment designated by the manufacturer

  9  must be in good working order.

10         (b)  Parts must be properly aligned, and they may not

11  be bent, distorted, cut, or otherwise injured to force a fit.

12  Parts requiring lubrication must be lubricated in the course

13  of assembly. Fastening and locking devices must be installed

14  where required for safe operation.

15         (c)  Before being used by the public, an amusement

16  device must be placed or secured with blocking, cribbing,

17  outriggers, guys, or other means so as to be stable under all

18  operating conditions.

19         (d)  Areas in which persons may be endangered by the

20  operation of an amusement device must be fenced, barricaded,

21  or otherwise effectively guarded against contact.

22         (e)  Machinery used in or with an amusement device must

23  be enclosed, barricaded, or otherwise effectively guarded

24  against contact.

25         (f)  An amusement ride powered so as to be capable of

26  exceeding its maximum safe operating speed must be provided

27  with a maximum-speed-limiting device.

28         (g)  The interior and exterior parts of all

29  patron-carrying amusement rides with which a patron may come

30  in contact must be smooth and rounded and free from sharp,

31  rough, or splintered edges and corners, with no projecting

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  1  studs, bolts, screws, or other projections which might cause

  2  injury. Interior parts upon or against which a patron may come

  3  in contact with must be adequately padded.

  4         (h)  All parts of amusement devices used by patrons

  5  must be maintained in a sanitary condition.

  6         (i)  All amusement devices must comply with the

  7  requirements of the National Electrical Code, Article 525.

  8         (j)  All amusement devices must comply with the

  9  requirements of the National Fire Protection Code 101

10  (chapters 8-4.6 and 9-4.6).

11         (k)  All amusement devices must comply with the ASTM

12  F-24 standards.

13         (l)  All amusement devices must comply with this

14  section and the rules adopted hereunder.

15         (13)  MAJOR MODIFICATION OF AMUSEMENT DEVICE.--If an

16  amusement device is substantially modified to change the

17  structure, mechanism, or capacity of the amusement device, the

18  owner must cause the amusement device to comply with all ASTM

19  F-24 standards prior to the time it is put into operation, and

20  the amusement device must be certified to meet all ASTM F-24

21  standards, by a professional engineer licensed by the state in

22  which the certification is performed.

23         (14)  ENTRY FOR INSPECTION OR INVESTIGATION.--Upon

24  presentation of identification, an authorized employee of the

25  department may enter unannounced and inspect amusement devices

26  at any time and in a reasonable manner and has the right to

27  question any owner or manager; to inspect, investigate,

28  photograph, and sample all pertinent places, areas, and

29  devices; and to conduct or have conducted all appropriate

30  tests including nondestructive testing. The department may

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  1  impose fees for unannounced inspections and recover the cost

  2  of tests authorized by this subsection.

  3         (15)  REPORTING AND INVESTIGATION OF ACCIDENTS AND

  4  UNSCHEDULED CESSATION OF OPERATION.--

  5         (a)  Any unscheduled cessation or any accident directly

  6  related to an amusement device involving serious injury must

  7  be reported by the owner to the department by telephone or

  8  facsimile within 2 hours after the occurrence of the accident

  9  or unscheduled cessation. A written report of the accident or

10  unscheduled cessation, on a form prescribed by rule of the

11  department, must be filed by the owner with the department

12  within 24 hours after the accident or unscheduled cessation.

13         (b)  The department may impound an amusement device

14  involved in an accident involving serious injury or

15  unscheduled cessation or any other amusement device of a

16  similar make and model to that involved in the accident or

17  unscheduled cessation and may perform all necessary tests to

18  determine the cause of the accident or unscheduled cessation,

19  or to determine the safety of the amusement device or any

20  other amusement device of a similar make and model. The cost

21  of impounding the amusement device and performing the

22  necessary tests must be borne by the owner of the amusement

23  device.

24         (c)  Any amusement device involved in an unscheduled

25  cessation or any amusement device involved in an accident

26  resulting in serious injury or any other amusement device of a

27  similar make and model to the amusement device involved in the

28  unscheduled cessation or accident is an immediate serious

29  danger to the public health, safety, or welfare must be closed

30  immediately and must not be reopened until authorized by the

31  department.

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  1         (16)  INSPECTION OF AMUSEMENT DEVICE BY OWNER OR

  2  MANAGER.--

  3         (a)  Prior to opening on each day of operation and

  4  prior to any inspection by the department, the owner or

  5  manager of an amusement device must inspect and test the

  6  amusement device to ensure compliance with all requirements of

  7  this section. Each inspection must be recorded on a form

  8  adopted by rule of the department.  Inspection records of the

  9  last 14 daily inspections must be kept with the amusement

10  device.

11         (b)  A copy of the daily inspection report must be on

12  file with the manager of the fair or coordinator of the event

13  before the device is opened to the public.  The owner or

14  manager shall complete the daily inspection and shall sign the

15  inspection form before the amusement device opens to the

16  public.

17         (17)  RULES.--

18         (a)  The department may adopt rules necessary to

19  effectuate the statutory duties of the department in the

20  interest of public health, safety, and welfare and to promote

21  patron safety in the design, construction, assembly,

22  disassembly, maintenance, and operation of amusement devices

23  in this state.

24         (b)  The department may adopt rules in substantial

25  conformity with standards of the American Society of Testing

26  and Materials Committee on Amusement Rides and Devices,

27  Standards on Amusement Rides and Devices; American Society for

28  Non-Destructive Testing; National Fire Protection Code; and

29  the National Electrical Code.

30         (c)  The Legislature finds that go-karts, water parks,

31  and bungy operations are amusement devices which, because of

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  1  their unique nature, pose safety risks to patrons distinct

  2  from other amusement devices.  Therefore, the department shall

  3  adopt rules regulating their safe use and operation and

  4  establish safety standards and inspection requirements in

  5  addition to those required by this section or other rule of

  6  the department.

  7         (d)  The Legislature finds that as a result of

  8  unscheduled cessations or accidents involving serious injury,

  9  circumstances may arise for additional safety standards for

10  the protection of patrons of amusement devices, and therefore

11  the department may adopt rules to address the circumstances

12  that may arise following an unscheduled cessation or accident

13  involving serious injury.

14         (18)  TRAINING OF OPERATORS, ATTENDANTS, AND

15  MAINTENANCE PERSONS.--

16         (a)  The owner of any amusement device shall maintain a

17  record of operator, attendant, and maintenance training for

18  each employee authorized to conduct maintenance, operate,

19  assemble, disassemble, or transport an amusement device.

20  However, temporary employees may be used during assembly and

21  disassembly when under the direct supervision of a trained

22  operator. Training may not be conducted when the amusement

23  device is open to the public.  The owner shall certify that

24  adequate training for each employee was conducted and that

25  each employee is adequately trained on the amusement device

26  for which such employee is responsible in accordance with ASTM

27  F-24 requirements.

28         (b)  The owner must maintain a record of each

29  operator's training for each amusement device on a form

30  prescribed by rule of the department.

31

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  1         (c)  The training record must be available at the

  2  amusement device or the office of the amusement company on

  3  site for inspection by the department before opening.

  4         (19)  PROHIBITIONS RELATED TO BUNGY OPERATIONS.--

  5         (a)  The following bungy operations are prohibited:

  6         1.  A bungy operation conducted with balloons, blimps,

  7  helicopters, or other aircraft.

  8         2.  Sand bagging, which is the practice of holding onto

  9  any object, including another person, while bungy jumping, for

10  the purpose of exerting more force on the bungy cord to

11  stretch it further, and then releasing the object during the

12  jump causing the jumper to rebound with more force than could

13  be created by the jumper's weight alone.

14         3.  Tandem or multiple bungy jumping.

15         4.  Bungy jumping from any bridge, overpass, or any

16  other structure not specifically designed as an amusement

17  device.

18         (20)  IMMEDIATE FINAL ORDERS.--An amusement device that

19  fails to meet the requirements of this section or pass the

20  inspections required by this section is considered an

21  immediate serious danger to public health, safety, and welfare

22  and must not be operated for public use until it has passed a

23  subsequent inspection. The department shall issue and attach

24  to the amusement device an immediate final order prohibiting

25  the use of the amusement device. Such order may not be removed

26  until the amusement device is found by the department to be in

27  compliance with the requirements of this section. The

28  immediate final order may only be removed upon written

29  authorization of the department.

30         (21)  ENFORCEMENT AND PENALTIES.--

31

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  1         (a)  The department may revoke any permit and

  2  certificate to operate issued for an amusement device for a

  3  period not to exceed 1 year and impose an administrative fine

  4  of up to $5000 per violation, per day, against the owner of

  5  the amusement device if it finds that:

  6         1.  An amusement device has operated or is operating:

  7         a.  Without the annual permit, inspection certificate,

  8  or any inspection required by this section;

  9         b.  Without the insurance or bond required by this

10  section;

11         c.  With a mechanical, structural, or electrical

12  defect;

13         d.  In a manner or circumstance that presents a risk of

14  serious injury to patrons;

15         e.  At a speed in excess of its maximum safe operating

16  speed;

17         f.  With patrons whose faculties are impaired due to

18  drugs or alcohol;

19         g.  After the device has been involved in an

20  unscheduled cessation or an accident resulting in a death or

21  serious injury and before authorization in writing by the

22  department to reopen;

23         h.  In violation of this section or any rule adopted

24  under this section; or

25         i.  In violation of any order of the department.

26         2.  Any owner or manager in the course of his or her

27  duties is under the influence of drugs or alcohol.

28         (b)  In addition to the penalties authorized to be

29  imposed for any violation of this section or any rule adopted

30  under this section, the department may issue a letter of

31  warning to the owner of the amusement device specifying the

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  1  violation and directing the owner to immediately correct the

  2  violation.

  3         (c)  Any person who knowingly violates any provision of

  4  this section commits a misdemeanor of the first degree,

  5  punishable as provided in s. 775.082 or s. 775.083.

  6         (d)  When a revocation period imposed by the department

  7  has expired, an owner whose annual permit and certificate to

  8  operate an amusement device has been revoked under this

  9  section may reapply for a new permit by submitting a complete

10  application to the department.

11         (e)  In addition to the remedies provided in this

12  chapter, and notwithstanding the existence of any adequate

13  remedy at law, the department may bring an action to enjoin

14  the violation of any provision of this chapter, or rules

15  adopted under this chapter, in the circuit court of the county

16  in which the violation occurs or is about to occur. Upon

17  demonstration by the department to the court of the violation

18  or threatened violation, the court must immediately issue the

19  temporary or permanent injunction sought by the department.

20  The injunction must be issued without bond.

21         Section 2.  This act shall take effect July 1, 1998.

22

23            *****************************************

24                          SENATE SUMMARY

25    Substantially revises s. 616.242, F.S., that prescribes
      safety standards for amusement devices and enforcement
26    and inspection by the Department of Agriculture and
      Consumer Services. Provides for imposition of penalties,
27    inspections, and investigations. Authorizes the
      department to adopt rules. (See bill for details.)
28

29

30

31

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