House Bill 4221e1

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                                   CS/HB 4221, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to amusement rides; amending s.

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

  4         amusement rides; providing for owner

  5         responsibility; providing scope; providing

  6         definitions; requiring adoption of specified

  7         standards and rules; prohibiting the operation

  8         of amusement rides without a permit and

  9         affidavit of compliance; providing for testing

10         of amusement rides; requiring inspections;

11         providing fees; providing insurance

12         requirements; providing exemptions; prescribing

13         inspection standards for amusement rides;

14         authorizing employees of the Department of

15         Agriculture and Consumer Services to inspect

16         and investigate; requiring owners to inspect

17         amusement rides; providing for the training of

18         employees of amusement rides; prohibiting

19         specified bungy operations; providing fees;

20         providing for denial, suspension, and

21         revocation of permits and inspection

22         certificates; providing for issuance of orders,

23         enforcement, and penalties; providing for liens

24         for unpaid fees, fines, interest, and costs;

25         amending ss. 212.08, 570.46, 616.13, F.S.;

26         conforming provisions; providing an effective

27         date.

28

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

30

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                                   CS/HB 4221, First Engrossed/ntc



  1         Section 1.  Section 616.242, Florida Statutes, is

  2  amended to read:

  3         (Substantial rewording of section. See

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

  5         616.242  Safety standards for amusement rides.--

  6         (1)  OWNER RESPONSIBILITY.--The owner of an amusement

  7  ride, and each amusement ride, must meet at all times the

  8  requirements of this section and any rules adopted thereunder.

  9         (2)  SCOPE.--This section applies to all amusement

10  rides within this state unless exempt under subsection (10).

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

12         (a)  "Amusement ride" means any building, structure, or

13  mechanical device or combination thereof through which a

14  patron moves, walks, or is carried or conveyed on, along,

15  around, over, or through a fixed or restricted course or

16  within a defined area for the purpose of giving its patrons

17  amusement, pleasure, thrills, or excitement.

18         (b)  "Annual permit" means the United States Amusement

19  Identification Number and the numbered and dated decal issued

20  by the department, which signify that the amusement ride has

21  been permitted by the department.

22         (c)  "Bungy operation" means an amusement ride which

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

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

25  natural or synthetic.

26         (d)  "Go-kart" means an amusement ride vehicle

27  controlled or driven by patrons specifically designed for and

28  run on a fixed course.

29         (e)  "Inspection certificate" means the document issued

30  by the department, which indicates that the amusement ride has

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                                   CS/HB 4221, First Engrossed/ntc



  1  undergone a recurring inspection by the department as required

  2  by this section.

  3         (f)  "Kiddie ride" means an amusement ride designed

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

  5         (g)  "Kiddie train" means a train designed as a kiddie

  6  ride which is operated on a flat surface or flat track,

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

  8  of 3 miles per hour.

  9         (h)  "Major modification" means any change in either

10  the structural or operational characteristics of the amusement

11  ride which will alter its performance from that specified in

12  the manufacturer's design criteria.

13         (i)  "Manager" means a person having possession,

14  custody, or managerial control of an amusement ride, whether

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

16         (j)  "Nondestructive testing" is the development and

17  application of technical methods, including, but not limited

18  to, radiographic, magnetic particle, ultrasonic, liquid

19  penetrant, electromagnetic, neutron radiographic, acoustic

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

21  components in ways that do not impair the future usefulness

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

23  evaluate discontinuities, defects, and other imperfections; to

24  assess integrity, properties, and composition; and to measure

25  geometrical characters.

26         (k)  "Owner" means the person exercising ultimate

27  dominion and control over an amusement ride.

28         (l)  "Patron" means any person who is in the immediate

29  vicinity of an amusement ride, getting on or off, or entering

30  or exiting  an amusement ride, or using an amusement ride. The

31  term does not include employees, agents, or servants of the


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                                   CS/HB 4221, First Engrossed/ntc



  1  owner while they are engaged in the duties of their

  2  employment.

  3         (m)  "Permanent amusement ride" means an amusement ride

  4  that is not regularly relocated.

  5         (n)  "Permanent facility" means a location or place

  6  from which amusement rides are not regularly relocated and at

  7  which such rides operate as a lasting part of the premises.

  8         (o)  "Private event" means an event that is not open to

  9  the general public and where no admission is charged.

10         (p)  "Professional engineer" means a person who holds a

11  valid license as a professional engineer issued by the

12  Department of Business and Professional Regulation or by an

13  equivalent licensing body in another state.

14         (q)  "Qualified inspector" means an employee or agent

15  of an insurance underwriter of an amusement ride who documents

16  to the department in a manner established by rule of the

17  department the following qualifications:

18         1.  A minimum of 5 years' experience in the amusement

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

20  amusement ride inspection with a manufacturer, government

21  agency, park, carnival, or insurance underwriter;

22         2.  The completion of 32 hours per year of continuing

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

24  which includes inservice industry or manufacturer updates and

25  seminars; and

26         3.  At least 80 hours of formal education during the

27  past 5 years from a school approved by rule of the department

28  for amusement ride safety. Nondestructive-testing training, as

29  determined by rule of the department, may be substituted for

30  up to one-half of the 80 hours of education.

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                                   CS/HB 4221, First Engrossed/ntc



  1         (r)  "Simulator" means any amusement ride 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         (s)  "Temporary amusement ride" means an amusement ride

  7  that is regularly relocated, with or without disassembly.

  8         (t)  "Water park" means a permanent facility with one

  9  or more amusement rides that totally or partially immerse a

10  patron in water.

11         (4)  ADOPTION OF STANDARDS; RULES.--

12         (a)  The department shall adopt, by rule, standards for

13  amusement rides which are the same as or similar to the

14  following national standards:

15         1.  American Society for Testing and Materials

16  Committee F-24 Standards on Amusement Rides and Devices.

17         2.  National Electric Code Handbook, Article 525.

18         3.  National Fire Protection Code 101 (chapters 8-4.6

19  and 9-4.6).

20         4.  ASTM Standards: E543 Practice for Determining the

21  Qualification of Nondestructive Testing Agencies.

22         5.  ASNT Document Recommended Practice SNT-TC-1A

23  Personnel Qualification and Certification in Nondestructive

24  Testing.

25         (b)  The department may adopt rules necessary to

26  effectuate the statutory duties of the department in the

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

28  patron safety in the design, construction, assembly,

29  disassembly, maintenance, and operation of amusement rides in

30  this state.

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                                   CS/HB 4221, First Engrossed/ntc



  1         (c)  The Legislature finds that go-karts, amusement

  2  rides at water parks, and bungy operations are amusement rides

  3  that, because of their unique nature, pose safety risks to

  4  patrons distinct from other amusement rides.  Therefore, the

  5  department shall adopt rules regulating their safe use and

  6  operation and establish safety standards and inspection

  7  requirements in addition to those required by this section or

  8  other rule of the department.

  9         (d)  The Legislature finds that, as a result of

10  accidents or other unforeseen events, circumstances may arise

11  requiring additional safety standards for the protection of

12  patrons of amusement rides, and therefore the department may

13  adopt rules to address the circumstances that may arise

14  following an accident or unforeseen event.

15         (5)  ANNUAL PERMIT.--

16         (a)  An amusement ride may not be operated without a

17  current annual permit.

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

19  to the department a written application on a form prescribed

20  by rule of the department, which must include the following:

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

22  business of the owner.

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

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

25  Amusement Identification Number of the amusement ride.

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

27  amusement ride.

28         4.  An affidavit of compliance that the amusement ride

29  was inspected in person by the affiant and that the amusement

30  ride is in general conformance with the requirements of this

31  section and all applicable rules adopted by the department.


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                                   CS/HB 4221, First Engrossed/ntc



  1  The affidavit must be executed by a professional engineer or a

  2  qualified inspector no earlier than 60 days before the date of

  3  the filing of the application with the department.

  4         5.  If required by subsection (6), an affidavit of

  5  nondestructive testing dated and executed no earlier than 60

  6  days prior to the date of the filing of the application with

  7  the department.

  8         6.  A request for inspection.

  9         7.  A copy of the manufacturer's current recommended

10  operating instructions in the possession of the owner, the

11  owner's operating fact sheet, and any written bulletins in the

12  possession of the owner concerning the safety, operation, or

13  maintenance of the amusement ride.

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

15  to the owner of an amusement ride when a completed application

16  has been received, the amusement ride has passed the

17  department's inspection, and all applicable fees, as set by

18  rule of the department, have been paid.

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

20  date of issue and is not transferable.

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

22  amusement ride in a place visible to patrons of the amusement

23  ride.

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

25  is considered a separate amusement ride.

26         (g)  Amusement rides at water parks which operate from

27  the same deck or level are considered one amusement ride.

28         (6)  NONDESTRUCTIVE TESTING; AFFIDAVIT; EXEMPTIONS.--

29         (a)  Except as provided in paragraph (d), an owner may

30  not operate an amusement ride unless the owner has at all

31  times a current affidavit of nondestructive testing from a


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                                   CS/HB 4221, First Engrossed/ntc



  1  professional engineer or qualified inspector that the

  2  amusement ride has undergone nondestructive testing for metal

  3  fatigue at least annually. The nondestructive testing for

  4  metal fatigue must be conducted more often than annually, if

  5  required by any rule adopted under this section, by the

  6  manufacturer of the amusement ride or by the professional

  7  engineer or qualified inspector executing the affidavit of

  8  nondestructive testing. The nondestructive testing for metal

  9  fatigue must consist at least of visual nondestructive

10  testing; in addition, nonvisual nondestructive testing for

11  metal fatigue must be conducted on the components of the

12  amusement ride as required by any rule adopted under this

13  section, by the manufacturer of the amusement ride, or by the

14  professional engineer or qualified inspector executing the

15  affidavit of nondestructive testing.

16         (b)  Nondestructive testings must be performed by a

17  technician who meets the requirements of subparagraphs

18  (4)(a)4. and 5.

19         (c)  An affidavit of nondestructive testing must state:

20         1.  That the amusement ride was inspected in person by

21  the affiant.

22         2.  That all nondestructive testing requirements are

23  current.

24         3.  That the nondestructive testing was performed by a

25  qualified nondestructive testing technician.

26         4.  The components of the amusement ride for which the

27  manufacturer has recommended or required nondestructive

28  testing.

29         5.  The type of nondestructive testing required or

30  recommended by the manufacturer.

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                                   CS/HB 4221, First Engrossed/ntc



  1         6.  The frequency of the nondestructive testing

  2  required or recommended by the manufacturer.

  3         7.  The components of the amusement ride for which the

  4  affiant has recommended or required nondestructive testing.

  5         8.  The type of nondestructive testing required or

  6  recommended by the affiant.

  7         9.  The frequency of the nondestructive testing as

  8  required or recommended by the affiant.

  9         10.  That visual nondestructive testing is adequate for

10  the amusement ride to be in general conformance with the

11  requirements of this section, and all applicable rules, if

12  only visual nondestructive testing is required or recommended

13  by either the manufacturer or the affiant.

14         (d)  Nondestructive testing is not required for fun

15  houses, houses of mirrors, haunted houses, mazes, wave pools,

16  wave-making devices, kiddie pools, slides that are fully

17  supported by an earthen mound, nonmotorized playground

18  equipment that requires a manager, or lazy-river-type

19  nonmotorized floating carriers propelled by water.

20         (7)  DEPARTMENT INSPECTIONS.--

21         (a)  In order to obtain an annual permit, an amusement

22  ride must be inspected by the department in accordance with

23  subsection (11) and receive an inspection certificate. In

24  addition, each permanent amusement ride must be inspected

25  semiannually by the department in accordance with subsection

26  (11) and receive an inspection certificate, and each temporary

27  amusement ride must be inspected by the department in

28  accordance with subsection (11), and must receive an

29  inspection certificate each time the ride is set up or moved

30  to a new location in this state unless the temporary amusement

31  ride is:


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                                   CS/HB 4221, First Engrossed/ntc



  1         1.  Used at a private event;

  2         2.  Used at a public event when there are no more than

  3  three amusement rides at the event, and the capacity of each

  4  amusement ride at the event does not exceed eight persons;

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

  6  16 persons; or

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

  8  no more than three amusement rides at the event.

  9         (b)  To obtain a department inspection for an amusement

10  ride, the owner must submit to the department on a form

11  prescribed by rule of the department a written request for

12  inspection. The owner must provide the following information

13  to the department:

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

15  business of the owner.

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

17  model number, and the United States Amusement Identification

18  Number, if previously assigned, of the amusement ride.

19         3.  For a temporary amusement ride, for each time the

20  amusement ride is set up or moved to a new location, the date

21  of first intended use at the new location and the address or a

22  description of the new location.

23         (c)  For permanent amusement rides, the request for

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

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

26  before the expiration of the prior inspection certificate.  If

27  the request for inspection is received less than 15 days

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

29  before the expiration of the prior inspection certificate, the

30  department may nevertheless inspect the amusement ride and

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


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                                   CS/HB 4221, First Engrossed/ntc



  1         (d)  For temporary amusement rides, the request for

  2  inspection must be received by the department for each time

  3  the amusement ride is set up or moved to a new location at

  4  least 14 days before the date of first intended use at the new

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

  6  14 days before the date of first intended use at the new

  7  location, the department may nevertheless inspect the

  8  amusement ride and charge a late fee, as set by rule of the

  9  department.

10         (e)  Inspections will be assigned on a first-come,

11  first-served basis, and overflow requests will be scheduled on

12  the closest date to the date for which the inspection was

13  requested.

14         (f)  Upon failure of an amusement ride to pass any

15  department inspection, the owner may request reinspection

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

17  form prescribed by rule of the department. The department

18  shall reinspect the amusement ride as soon as practical

19  following receipt of the written request for reinspection and

20  any applicable reinspection fees set by rule of the

21  department. Inspections will be assigned on a first-come,

22  first-served basis, and the overflow requests will be

23  scheduled on the closest date to the date for which the

24  inspection was requested.

25         (g)  If the amusement ride passes inspection and the

26  owner pays the applicable fee set by rule of the department,

27  the department shall issue an inspection certificate on a form

28  prescribed by rule of the department.

29         (h)  The inspection certificate must contain the date

30  of inspection, the site of the inspection, and the name of the

31  inspector.


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                                   CS/HB 4221, First Engrossed/ntc



  1         (i)  The inspection certificate is valid only for the

  2  site stated on the inspection certificate. The inspection

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

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

  5         (j)  The inspection certificate must be displayed on

  6  the amusement ride at a place readily visible to patrons of

  7  the amusement ride.

  8         (k)  If the owner fails to timely cancel a request for

  9  inspection, requests holiday or weekend inspections, or is

10  required to have a replacement USAID plate issued by the

11  department, the owner may be charged an appropriate fee to be

12  set by rule of the department.

13         (8)  FEES.--

14         (a)  The department shall by rule establish fees to

15  cover 100 percent of all costs and expenditures associated

16  with the Bureau of Fair Rides Inspection, including all direct

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

18  administrative overhead. The fees must be deposited in the

19  General Inspection Trust Fund.

20         (b)  Any owner of an amusement ride who has not paid

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

22  fine outstanding under this section may not operate any

23  amusement ride in this state until the fees and fines have

24  been paid to the department.

25         (9)  INSURANCE REQUIREMENTS.--

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

27  the owner has in effect at all times of operation insurance

28  meeting the following requirements:

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

30  $1 million per occurrence, $1 million in the aggregate, which

31  insures the owner of the amusement ride against liability for


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                                   CS/HB 4221, First Engrossed/ntc



  1  injury to persons arising out of the use of the amusement

  2  ride; or

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

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

  5  amount thereof.

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

  7  insurer or surety that is licensed to transact business in

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

  9         (10)  EXEMPTIONS.--

10         (a)  This section does not apply to:

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

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

13  safety inspectors. However, such permanent facilities must

14  file with the department by March 1 of each year a written

15  report, on a form prescribed by rule of the department, of any

16  mechanical, structural, or electrical defects affecting patron

17  safety for which an amusement ride was closed for patron use

18  for a period of time in excess of 4 hours which occurred

19  during the previous calendar year, and any accident, of which

20  the owner or manager had knowledge, or through the exercise of

21  reasonable diligence should have had knowledge, in which a

22  patron was transported to a hospital, as defined in chapter

23  395, which occurred during the previous calendar year.

24         2.  Any playground operated by a school, local

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

26  playground is an incidental amenity and the operating entity

27  is not primarily engaged in providing amusement, pleasure,

28  thrills, or excitement.

29         3.  Museums or other institutions principally devoted

30  to the exhibition of products of agriculture, industry,

31  education, science, religion, or the arts.


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                                   CS/HB 4221, First Engrossed/ntc



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

  2  of amusement rides if there are a minimum of 15 amusement

  3  rides on display or exhibition, and if any operation of such

  4  amusement rides is limited to the registered attendees of the

  5  convention or trade show.

  6         5.  Skating rinks, arcades, laser or paint ball war

  7  games, bowling alleys, miniature golf courses, mechanical

  8  bulls, inflatable rides, trampolines, ball crawls, exercise

  9  equipment, jet skis, paddle boats, air boats, helicopters,

10  airplanes, parasails, hot air or helium balloons whether

11  tethered or untethered, theatres, batting cages, stationary

12  spring-mounted fixtures, rider-propelled merry-go-rounds,

13  games, side shows, live animal rides, or live animal shows.

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

15  participation is not open to the public.

16         7.  Nonmotorized playground equipment that is not

17  required to have a manager.

18         8.  Coin-actuated amusement rides designed to be

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

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

21  to have a manager, and which have a capacity of six persons or

22  less.

23         9.  Facilities described in s. 549.09(1)(a).

24         (b)  The department may, by rule, establish exemptions

25  from this section for nonmotorized or human-powered amusement

26  rides or coin-actuated amusement rides.

27         (11)  INSPECTION STANDARDS.--An amusement ride must

28  conform to and must be inspected by the department in

29  accordance with the following standards:

30

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                                   CS/HB 4221, First Engrossed/ntc



  1         (a)  All mechanical, structural, and electrical

  2  components that affect patron safety must be in good working

  3  order.

  4         (b)  All control devices, speed-limiting devices,

  5  brakes, and safety equipment designated by the manufacturer

  6  must be in good working order.

  7         (c)  Parts must be properly aligned, and they may not

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

  9  Parts requiring lubrication must be lubricated in the course

10  of assembly. Fastening and locking devices must be installed

11  where required for safe operation.

12         (d)  Before being used by the public, an amusement ride

13  must be placed or secured with blocking, cribbing, outriggers,

14  guys, or other means so as to be stable under all operating

15  conditions.

16         (e)  Areas in which patrons may be endangered by the

17  operation of an amusement ride must be fenced, barricaded, or

18  otherwise effectively guarded against inadvertent contact.

19         (f)  Machinery used in or with an amusement ride must

20  be enclosed, barricaded, or otherwise effectively guarded

21  against inadvertent contact.

22         (g)  An amusement ride powered so as to be capable of

23  exceeding its maximum safe operating speed must be provided

24  with a maximum-speed-limiting device.

25         (h)  The interior and exterior parts of all

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

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

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

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

30  injury.

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  1         (i)  All amusement rides must comply with this section

  2  and the rules adopted hereunder.

  3         (12)  MAJOR MODIFICATION.--After an amusement ride has

  4  undergone a major modification, and prior to the time it is

  5  placed in operation, a professional engineer licensed by the

  6  state in which the certification is performed must certify

  7  that the amusement ride is in compliance with this section and

  8  all rules adopted pursuant thereto.

  9         (13)  ENTRY FOR INSPECTION OR INVESTIGATION.--Upon

10  presentation of identification, an authorized employee of the

11  department may enter unannounced and inspect amusement rides

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

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

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

15  devices; and to conduct or have conducted all appropriate

16  tests including nondestructive testing.

17         (14)  REPORTING AND INVESTIGATION OF ACCIDENTS AND

18  DEFECTS; IMPOUNDMENTS.--

19         (a)  Any accident of which the owner or manager has

20  knowledge or, through the exercise of reasonable diligence,

21  should have knowledge, and for which a patron is transported

22  to a hospital, as defined in chapter 395, must be reported by

23  the owner or manager to the department by telephone or

24  facsimile within 4 hours after the occurrence of the accident.

25  A written report of the accident, on a form prescribed by rule

26  of the department, must be filed by the owner or manager with

27  the department within 24 hours after the accident.

28         (b)  Any mechanical, structural, or electrical defects

29  affecting patron safety for which an amusement ride is closed

30  to patron use for more than 4 hours must be reported by the

31  owner or manager to the department by telephone or facsimile


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  1  within 8 hours after the closing of the ride. A written report

  2  of the closing of the ride, on a form prescribed by rule of

  3  the department, must be filed by the owner or manager with the

  4  department within 24 hours after the closing of the amusement

  5  ride.

  6         (c)  The department may impound an amusement ride

  7  involved in an accident for which a patron is transported to a

  8  hospital, as defined in chapter 395, or which has a

  9  mechanical, structural, or electrical defect affecting patron

10  safety, and may impound any other amusement ride of a similar

11  make and model, and may perform all necessary tests to

12  determine the cause of the accident or the mechanical,

13  structural, or electrical defect, or to determine the safety

14  of the amusement ride and any other amusement ride of a

15  similar make and model. The cost of impounding the amusement

16  ride and performing the necessary tests must be borne by the

17  owner of the amusement ride.

18         (15)  INSPECTION BY OWNER OR MANAGER.--Prior to opening

19  on each day of operation and prior to any inspection by the

20  department, the owner or manager of an amusement ride must

21  inspect and test the amusement ride to ensure compliance with

22  all requirements of this section. Each inspection must be

23  recorded on a form prescribed by rule of the department and

24  signed by the person who conducted the inspection. Inspection

25  records of the last 14 daily inspections must be kept on site

26  by the owner or manager and made immediately available to the

27  department upon request.

28         (16)  TRAINING OF EMPLOYEES.--The owner or manager of

29  any amusement ride shall maintain a record of employee

30  training for each employee authorized to operate, assemble,

31  disassemble, transport, or conduct maintenance on an amusement


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                                   CS/HB 4221, First Engrossed/ntc



  1  ride, on a form prescribed by rule of the department. The

  2  training record must be kept on site by the owner or manager

  3  and made immediately available to the department upon request.

  4  Training may not be conducted when an amusement ride is open

  5  to the public unless the training is conducted under the

  6  supervision of an employee who is trained in the operation of

  7  that ride. The owner or manager shall certify that each

  8  employee is trained, as required by this section and any rules

  9  adopted thereunder, on the amusement ride for which the

10  employee is responsible.

11         (17)  PROHIBITIONS RELATED TO BUNGY OPERATIONS.--The

12  following bungy operations are prohibited:

13         (a)  A bungy operation conducted with balloons, blimps,

14  helicopters, or other aircraft.

15         (b)  Sand bagging, which is the practice of holding

16  onto any object, including another person, while bungy

17  jumping, for the purpose of exerting more force on the bungy

18  cord to stretch it further, and then releasing the object

19  during the jump causing the jumper to rebound with more force

20  than could be created by the jumper's weight alone.

21         (c)  Tandem or multiple bungy jumping.

22         (d)  Bungy jumping from any bridge, overpass, or any

23  other structure not specifically designed as an amusement

24  ride.

25         (18)  IMMEDIATE FINAL ORDERS.--

26         (a)  An amusement ride that fails to meet the

27  requirements of this section or pass the inspections required

28  by this section, or an amusement ride that is involved in an

29  accident for which a patron is transported to a hospital as

30  defined in chapter 395, or an amusement ride that has a

31  mechanical, structural, or electrical defect that affects


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  1  patron safety may be considered an immediate serious danger to

  2  public health, safety, and welfare and, upon issuance of an

  3  immediate final order prohibiting patron use of the ride, may

  4  not be operated for patron use until it has passed a

  5  subsequent inspection by or at the direction of the

  6  department.

  7         (b)  An amusement ride of a similar make and model to

  8  an amusement ride described in paragraph (a) may be considered

  9  an immediate serious danger to the public health, safety, and

10  welfare and, upon issuance of an immediate final order

11  prohibiting patron use of the ride, may not be operated for

12  patron use until it has passed a subsequent inspection by or

13  at the direction of the department.

14         (19)  ENFORCEMENT AND PENALTIES.--

15         (a)  The department may deny, suspend for a period not

16  to exceed 1 year, or revoke any permit or inspection

17  certificate. In addition to denial, suspension, or revocation,

18  the department may impose an administrative fine of up to

19  $2,500 per violation, per day, against the owner of the

20  amusement ride if it finds that:

21         1.  An amusement ride has operated or is operating:

22         a.  With a mechanical, structural, or electrical defect

23  that affects patron safety, of which the owner or manager has

24  knowledge, or, through the exercise of reasonable diligence,

25  should have knowledge;

26         b.  In a manner or circumstance that presents a risk of

27  serious injury to patrons;

28         c.  At a speed in excess of its maximum safe operating

29  speed;

30         d.  In violation of this section or any rule adopted

31  under this section; or


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  1         e.  In violation of any order of the department or

  2  order of any court.

  3         2.  Any manager in the course of his or her duties is

  4  under the influence of drugs or alcohol.

  5         (b)  The department shall, in its order suspending a

  6  permit or inspection certificate, specify the period during

  7  which the suspension is effective; but such period may not

  8  exceed 1 year.  The permit or inspection certificate shall

  9  remain suspended during the period so specified, subject,

10  however, to any rescission or modification of the order by the

11  department, or modification or reversal thereof by the court,

12  prior to expiration of the suspension period.

13         (c)  The owner of an amusement ride, if the permit or

14  inspection certificate for the amusement ride has been revoked

15  by the department, may not apply for another permit or

16  inspection certificate for the amusement ride within 2 years

17  after the date of such revocation. If judicial review is

18  sought and a stay of the revocation is obtained, the owner may

19  not apply for another permit or inspection certificate within

20  2 years after the final order of the court sustaining the

21  revocation.

22         (d)  During the period of suspension or revocation of a

23  permit or inspection certificate, the owner may not engage in

24  or attempt to engage in any operation of the amusement ride

25  for which a permit or inspection certificate is required under

26  this section.

27         (e)  When a suspension period imposed by the department

28  has expired, an owner whose annual permit or inspection

29  certificate has expired may reapply for a new permit or

30  inspection certificate by submitting a complete application to

31  the department.


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  1         (f)  In addition to the remedies provided in this

  2  section, and notwithstanding the existence of any adequate

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

  4  the violation of any provision of this section, or rules

  5  adopted under this section, in the circuit court of the county

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

  7  competent and substantial evidence presented by the department

  8  to the court of the violation or threatened violation, the

  9  court must immediately issue the temporary or permanent

10  injunction sought by the department. The injunction must be

11  issued without bond.

12         (g)  In addition to the penalties authorized to be

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

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

15  warning to the owner of the amusement ride specifying the

16  violation and directing the owner to immediately correct the

17  violation.

18         (h)  Any person who knowingly violates any provision of

19  this section commits a misdemeanor of the second degree,

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

21         (20)  LIENS.--

22         (a)1.  All fees, fines, interest, and costs levied or

23  assessed by the department against the owner of an amusement

24  ride or rides and not paid by the owner shall constitute and

25  operate as a lien in favor of the department.  The lien shall

26  arise as of the time the fees, fines, interest, and costs

27  become due and payable and shall cover all real and personal

28  property owned by the owner from the date the lien arises

29  until paid.  The lien shall secure all unpaid fees, fines,

30  interest, and costs which are due and which may accrue

31  subsequent to the recording of the claim of lien and prior to


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  1  the entry of a final judgment of foreclosure.  The lien may be

  2  recorded in the public records of any county where the owner

  3  owns real or personal property and shall state the name of the

  4  owner and the amount due.

  5         2.  The department may enforce the lien upon real

  6  property in the manner in which a mortgage of real property is

  7  foreclosed.  The lien may also be enforced against personal

  8  property in the manner provided for the enforcement of other

  9  liens on personal property in this state.  Enforcement of a

10  lien for fees, fines, interests, and costs shall not operate

11  as a waiver of any other remedies available to the department,

12  including an action to recover a money judgment for the unpaid

13  fees, fines, interest, and costs, or enforcement of the lien

14  provided in paragraph (b).

15         (b)1.  In addition to the lien provided in subparagraph

16  (a)1., the department shall have a special lien on all

17  amusement rides owned by the owner. Notwithstanding any

18  provisions under chapter 697 to the contrary, any special lien

19  on amusement rides for fees, fines, interest, and costs, shall

20  have equal dignity and the same priority as liens for taxes in

21  favor of the state as described in s. 197.122.  The special

22  lien shall arise as of the time the fees, fines, interest, and

23  costs become due and payable and shall cover all amusement

24  rides owned by the owner from the date the lien arises until

25  paid.  The lien shall secure all unpaid fees, fines, interest,

26  and costs which are due and which may accrue prior to the

27  enforcement of the lien.

28         2.  The department may provide notice of a claim of

29  lien to potential buyers by tagging all amusement rides owned

30  by the owner as being subject to a lien or by mailing a copy

31  of a claim of the lien.  The claim of lien shall state the


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                                   CS/HB 4221, First Engrossed/ntc



  1  name of the owner, the date or dates of the unpaid fees,

  2  fines, interest, and costs, and the amount that is due.

  3         3.  The special lien on all amusement rides owned by

  4  the owner may be enforced in the manner provided for the

  5  enforcement of other liens on personal property in this state.

  6  The lien shall also extend to the proceeds of a sale of any

  7  amusement ride owned by the owner to a buyer.  If a buyer has

  8  not received written notice of the lien and the amusement

  9  rides are not tagged, then such buyer takes free of the lien.

10  A buyer of amusement rides other than a person buying the

11  amusement ride or rides from the owner takes free of the lien

12  created by this paragraph.  Nothing in this paragraph shall be

13  construed to operate as a waiver of other remedies available

14  to the department for unpaid fees, fines, interest, or costs,

15  including an action to recover a money judgment for the unpaid

16  fees, fines, interest, or costs, or enforcement of the lien

17  provided in subparagraph (a)2.

18         Section 2.  Paragraph (jj) of subsection (7) of section

19  212.08, Florida Statutes, is amended to read:

20         212.08  Sales, rental, use, consumption, distribution,

21  and storage tax; specified exemptions.--The sale at retail,

22  the rental, the use, the consumption, the distribution, and

23  the storage to be used or consumed in this state of the

24  following are hereby specifically exempt from the tax imposed

25  by this chapter.

26         (7)  MISCELLANEOUS EXEMPTIONS.--

27         (jj)  Fair associations.--Also exempt from the tax

28  imposed by this chapter is the sale, use, lease, rental, or

29  grant of a license to use, made directly to or by a fair

30  association, of real or tangible personal property; any charge

31  made by a fair association, or its agents, for parking,


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                                   CS/HB 4221, First Engrossed/ntc



  1  admissions, or for temporary parking of vehicles used for

  2  sleeping quarters; rentals, subleases, and sublicenses of real

  3  or tangible personal property between the owner of the central

  4  amusement attraction and any owner of an amusement ride

  5  devices and amusement attractions, as those terms are used in

  6  ss. 616.15(1)(b) and 616.242(3)(a) and (i), for the furnishing

  7  of amusement rides devices and amusement attractions at a

  8  public fair or exposition; and other transactions of a fair

  9  association which are incurred directly by the fair

10  association in the financing, construction, and operation of a

11  fair, exposition, or other event or facility that is

12  authorized by s. 616.08. As used in this paragraph, the terms

13  "fair association" and "public fair or exposition" have the

14  same meaning as those terms are defined in s. 616.001. This

15  exemption does not apply to the sale of tangible personal

16  property made by a fair association through an agent or

17  independent contractor; sales of admissions and tangible

18  personal property by a concessionaire, vendor, exhibitor, or

19  licensee; or rentals and subleases of tangible personal

20  property or real property between the owner of the central

21  amusement attraction and a concessionaire, vendor, exhibitor,

22  or licensee, except for the furnishing of amusement rides

23  devices or amusement attractions, which transactions are

24  exempt.

25         Section 3.  Subsection (4) of section 570.46, Florida

26  Statutes, is amended to read:

27         570.46  Division of Standards; powers and duties.--The

28  duties of the Division of Standards include, but are not

29  limited to:

30         (4)  Administering the provisions of chapter 616

31  relating to amusement rides device inspections, inspection


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                                   CS/HB 4221, First Engrossed/ntc



  1  fees, and safety requirements at public fairs and expositions,

  2  carnivals, festivals, celebrations, bazaars, permanent

  3  facilities, and parking lot still dates.

  4         Section 4.  Section 616.13, Florida Statutes, is

  5  amended to read:

  6         616.13  Licenses upon shows within 5 miles of

  7  fair.--Every person engaged in the business of providing

  8  temporary amusement rides devices and amusement attractions

  9  within 5 miles of and within 30 days before or during any

10  public fair or exposition being operated by a fair

11  association, when not operating in connection with that fair

12  or exposition, shall pay a license tax of $1,000 per day.

13         Section 5.  This act shall take effect October 1 of the

14  year in which enacted.

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