Florida Senate - 2020                             CS for SB 1228
       
       
        
       By the Committee on Agriculture; and Senator Book
       
       
       
       
       
       575-03862-20                                          20201228c1
    1                        A bill to be entitled                      
    2         An act relating to amusement rides; amending s.
    3         616.242, F.S.; requiring amusement ride managers to
    4         meet certain requirements; defining and redefining
    5         terms; revising standards for rules adopted by the
    6         Department of Agriculture and Consumer Services
    7         relating to amusement rides; revising provisions for
    8         permanent amusement ride annual permits; providing for
    9         temporary amusement ride permits; revising provisions
   10         for nondestructive testing and department testing of
   11         amusement rides; removing the exemption from safety
   12         standards for certain museums and institutions;
   13         providing exemptions from provisions relating to
   14         permits, testing, inspections, and fees for certain
   15         museums, institutions, specific ride types, and
   16         facilities; authorizing the department to establish
   17         exemptions from safety standards for specific rides
   18         and types of rides; revising inspection standards for
   19         amusement rides; directing the department to prescribe
   20         by rule specified signage to be posted at amusement
   21         ride events; revising requirements for compliance
   22         certifications after major modifications to amusement
   23         rides; revising requirements for amusement ride
   24         inspections by owners and managers; providing
   25         procedures for the introduction and examination of
   26         witnesses and evidence in examinations and
   27         investigations conducted by the department; revising
   28         civil penalties; providing an effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Section 616.242, Florida Statutes, is amended to
   33  read:
   34         616.242 Safety standards for amusement rides.—
   35         (1) OWNER AND MANAGER RESPONSIBILITIES RESPONSIBILITY.—The
   36  owner and the manager of an amusement ride, and each amusement
   37  ride, must meet at all times the requirements of this section
   38  and any rules adopted hereunder thereunder.
   39         (2) SCOPE.—This section applies to all amusement rides
   40  within this state unless exempt under subsection (11) (10).
   41         (3) DEFINITIONS.—As used in this section, the term:
   42         (a) “Amusement ride” means any building, structure, or
   43  mechanical device or combination thereof through which a patron
   44  moves, walks, or is carried or conveyed on, along, around, over,
   45  or through a fixed or restricted course or within a defined area
   46  for the purpose of giving its patrons amusement, pleasure,
   47  thrills, or excitement.
   48         (b)“Amusement ride event” means an event where an
   49  amusement ride is operated at a specific location and date as
   50  listed on an annual permit application or on a temporary
   51  amusement ride permit application.
   52         (c)(b) “Annual permit” means the United States Amusement
   53  Identification Number and the numbered and dated decal issued by
   54  the department, which signify that the permanent amusement ride
   55  has been permitted by the department.
   56         (d)(c) “Bungy operation” means an amusement ride that uses
   57  which utilizes as a component a bungy cord, which is an elastic
   58  rope made of rubber, latex, or other elastic-type elastic type
   59  materials, whether natural or synthetic.
   60         (e)(d) “Go-kart” means an amusement ride vehicle controlled
   61  or driven by patrons and specifically designed for and run on a
   62  fixed course.
   63         (e)“Inspection certificate” means the document issued by
   64  the department, which indicates that the amusement ride has
   65  undergone a recurring inspection by the department as required
   66  by this section.
   67         (f) “Kiddie ride” means an amusement ride designed
   68  primarily for use by patrons up to 12 years of age.
   69         (g) “Kiddie train” means a train designed as a kiddie ride
   70  which is operated on a flat surface or flat track, carries no
   71  more than 14 patrons, and does not exceed a speed of 3 miles per
   72  hour.
   73         (h) “Major modification” means any change in either the
   74  structural or operational characteristics of an the amusement
   75  ride which will alter its performance from that specified in the
   76  manufacturer’s design criteria.
   77         (i) “Manager” means a person having possession, custody, or
   78  managerial control of an amusement ride, whether as owner,
   79  lessee, agent, operator, attendant, or otherwise.
   80         (j) “Nondestructive testing” is the development and
   81  application of technical methods, including, but not limited to,
   82  radiographic, magnetic particle, ultrasonic, liquid penetrant,
   83  electromagnetic, neutron radiographic, acoustic emission,
   84  visual, and leak testing, to examine materials or components in
   85  ways that do not impair their future usefulness and
   86  serviceability in order to detect, locate, measure, and evaluate
   87  discontinuities, defects, and other imperfections; to assess
   88  integrity, properties, and composition; and to measure
   89  geometrical characters.
   90         (k) “Owner” means the person exercising ultimate dominion
   91  and control over an amusement ride.
   92         (l) “Patron” means any person who is in the immediate
   93  vicinity of an amusement ride, getting on or off, or entering or
   94  exiting an amusement ride, or using an amusement ride. The term
   95  does not include employees, agents, or servants of the owner
   96  while they are engaged in the duties of their employment.
   97         (m) “Permanent amusement ride” means an amusement ride that
   98  is not regularly relocated.
   99         (n) “Permanent facility” means a location or place from
  100  which amusement rides are not regularly relocated and at which
  101  such rides operate as a lasting part of the premises.
  102         (o) “Private event” means an event that is not open to the
  103  general public and for which where no admission is not charged.
  104         (p) “Professional engineer” means a person who holds a
  105  valid license as a professional engineer issued by the
  106  Department of Business and Professional Regulation or by an
  107  equivalent licensing body in another state.
  108         (q) “Qualified inspector” means an employee or agent of an
  109  insurance underwriter of an amusement ride who documents to the
  110  department in a manner established by department rule of the
  111  department the following qualifications:
  112         1. A minimum of 5 years’ years experience in the amusement
  113  ride field, at least 2 years of which were involved in actual
  114  amusement ride inspection with a manufacturer, government
  115  agency, park, carnival, or insurance underwriter;
  116         2. The completion of 32 hours per year of continuing
  117  education at a school approved by department rule of the
  118  department, which includes inservice industry or manufacturer
  119  updates and seminars; and
  120         3. At least 80 hours of formal education during the past 5
  121  years from a school approved by department rule of the
  122  department for amusement ride safety. Nondestructive-testing
  123  training, as determined by department rule of the department,
  124  may be substituted for up to one-half of the 80 hours of
  125  education.
  126         (r) “Simulator” means any amusement ride that is a self
  127  contained unit requiring little or no assembly and that uses a
  128  motion picture simulation, along with a mechanical movement, to
  129  simulate activities that provide amusement or excitement for the
  130  patron.
  131         (s) “Temporary amusement ride” means an amusement ride that
  132  is regularly relocated, with or without disassembly.
  133         (t)“Temporary amusement ride permit” means the United
  134  States Amusement Identification Number and the decal issued by
  135  the department, which signify that the temporary amusement ride
  136  has been permitted by the department.
  137         (u)(t) “Water park” means a permanent facility with one or
  138  more amusement rides that totally or partially immerse a patron
  139  in water.
  140         (4) ADOPTION OF STANDARDS; RULES.—
  141         (a) The department shall adopt by rule standards for
  142  amusement rides which are the same as or similar to the
  143  following national standards:
  144         1. ASTM International American Society for Testing and
  145  Materials Committee F24 F-24 Standards on Amusement Rides and
  146  Devices.
  147         2. The National Electric Code Handbook, Article 525.
  148         3. National Fire Protection Association standards Code 101
  149  (chapters 8-4.6 and 9-4.6).
  150         4.ASTM Standards: E543 Practice for Determining the
  151  Qualification of Nondestructive Testing Agencies.
  152         5.ASNT Document Recommended Practice SNT-TC-1A Personnel
  153  Qualification and Certification in Nondestructive Testing.
  154         (b) The department may adopt rules necessary to effectuate
  155  the statutory duties of the department in the interest of the
  156  public health, safety, and welfare and to promote patron safety
  157  in the design, construction, assembly, disassembly, maintenance,
  158  and operation of amusement rides in this state.
  159         (c) The Legislature finds that go-karts, amusement rides at
  160  water parks, and bungy operations are amusement rides that,
  161  because of their unique nature, pose safety risks to patrons
  162  distinct from other amusement rides. Therefore, the department
  163  shall adopt rules regulating their safe use and operation and
  164  establish safety standards and inspection requirements in
  165  addition to those required by this section or other department
  166  rule of the department.
  167         (d) The Legislature finds that, as a result of accidents or
  168  other unforeseen events, circumstances may arise requiring
  169  additional safety standards for the protection of patrons of
  170  amusement rides., and Therefore, the department may adopt rules
  171  to address the circumstances that may arise following an
  172  accident or unforeseen event.
  173         (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
  174         (a) A permanent An amusement ride may not be operated
  175  without a current annual permit.
  176         (b) To apply for an annual permit, an owner or manager must
  177  submit to the department a written application on a form
  178  prescribed by department rule of the department, which must
  179  include the following:
  180         1. The legal name, address, and primary place of business
  181  of the owner or manager, as applicable.
  182         2. A description, manufacturer’s name, serial number, model
  183  number and, if previously assigned, the United States Amusement
  184  Identification Number of the amusement ride.
  185         3. A valid certificate of insurance for each amusement
  186  ride.
  187         4. If required under subsection (7), an annual affidavit of
  188  compliance and nondestructive testing certifying that the
  189  amusement ride was inspected in person by the affiant and that
  190  the amusement ride is in general conformance with the
  191  requirements of this section and all applicable department rules
  192  adopted by the department. The affidavit must have been be
  193  executed by a professional engineer or a qualified inspector
  194  within the last calendar year no earlier than 60 days before,
  195  but not later than, the date of the filing of the application
  196  with the department. The owner shall request inspection and
  197  permitting of the amusement ride within 60 days of the date of
  198  filing the application with the department. The department shall
  199  inspect and permit the amusement ride within 60 days after
  200  filing the application with the department.
  201         5.If required by subsection (6), an affidavit of
  202  nondestructive testing dated and executed no earlier than 60
  203  days before, but not later than, the date of the filing of the
  204  application with the department. The owner shall request
  205  inspection and permitting of the amusement ride within 60 days
  206  of the date of filing the application with the department. The
  207  department shall inspect and permit the amusement ride within 60
  208  days after filing the application with the department.
  209         6.A request for inspection.
  210         5.7.Upon request, The owner or manager shall, at no cost
  211  to the department, provide the department an electronic a copy
  212  of the manufacturer’s current recommended operating instructions
  213  in the possession of the owner, the owner’s operating fact
  214  sheet, and any written bulletins in the possession of the owner
  215  concerning the safety, operation, or maintenance of the
  216  amusement ride.
  217         (c)An annual permit application must be received by the
  218  department at least 15 days before the planned opening date. If
  219  an application is received less than 15 days before the planned
  220  opening date or less than 15 days before the expiration of the
  221  previous permit, the department may inspect the amusement ride
  222  and charge a penalty as established by department rule.
  223         (d)(c) An annual permit must be issued by the department to
  224  the owner or manager of an amusement ride when a completed
  225  application has been received, the amusement ride has passed the
  226  department’s inspection, and all applicable fees, as set by
  227  department rule of the department, have been paid.
  228         (e)(d) The annual permit is valid for 1 year after from the
  229  date of issue and is not transferable.
  230         (f)(e) The annual permit must be displayed in an accessible
  231  location on the amusement ride in a place visible to patrons of
  232  the amusement ride.
  233         (g)(f) Each go-kart track at the same permanent facility is
  234  considered a separate amusement ride.
  235         (h)(g) Amusement rides at water parks which operate from
  236  the same deck or level are considered one amusement ride.
  237         (6)TEMPORARY AMUSEMENT RIDE PERMIT.—
  238         (a)A temporary amusement ride may not be operated without
  239  a current permit.
  240         (b)To apply for a permit, an owner or manager must submit
  241  to the department a written application on a form prescribed by
  242  department rule, which must include the following:
  243         1.The legal name, address, and primary place of business
  244  of the owner or manager, as applicable.
  245         2.A description, manufacturer’s name, serial number, model
  246  number and, if previously assigned, the United States Amusement
  247  Identification Number of the amusement ride.
  248         3.A valid certificate of insurance for each amusement
  249  ride.
  250         4.If required under subsection (7), an affidavit of
  251  compliance and nondestructive testing certifying that the
  252  amusement ride was inspected in person by the affiant and that
  253  the amusement ride is in general conformance with the
  254  requirements of this section and all applicable department
  255  rules. The affidavit must be executed by a professional engineer
  256  or a qualified inspector.
  257         5.The owner or manager shall, at no cost to the
  258  department, provide the department an electronic copy of the
  259  manufacturer’s current recommended operating instructions, the
  260  operating fact sheet, and any written bulletins concerning the
  261  safety, operation, or maintenance of the amusement ride.
  262         (c)A temporary amusement ride permit application must be
  263  received by the department each time the amusement ride is
  264  relocated, with or without disassembly, at least 14 days before
  265  the date of the ride’s first intended use at the new location.
  266  If the permit application is received less than 14 days before
  267  the date of the ride’s first intended use at the new location,
  268  the department may inspect the amusement ride and charge a
  269  penalty, as set by department rule.
  270         (d)The department must issue a permit to the owner or
  271  manager of an amusement ride when a completed application has
  272  been received, the amusement ride has passed the department’s
  273  inspection, and all applicable fees, as set by department rule,
  274  have been paid.
  275         (e)The permit is valid for 6 months after the date of
  276  issue or until the ride is relocated, with or without
  277  disassembly, and is not transferable.
  278         (f)The permit must be displayed in an accessible location
  279  on the amusement ride.
  280         (7)(6) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT;
  281  EXEMPTIONS.—
  282         (a) Except as provided in paragraph (d), an owner or
  283  manager may not operate an amusement ride unless the owner or
  284  manager has at all times has a current affidavit of
  285  nondestructive testing from a professional engineer or qualified
  286  inspector that the amusement ride has undergone nondestructive
  287  testing for metal fatigue at least annually. The nondestructive
  288  testing for metal fatigue must be conducted more often than
  289  annually, if required by any rule adopted under this section, by
  290  the manufacturer of the amusement ride, or by the professional
  291  engineer or qualified inspector executing the affidavit of
  292  nondestructive testing. The nondestructive testing for metal
  293  fatigue must consist at least of visual nondestructive testing,
  294  as well as; in addition, nonvisual nondestructive testing for
  295  metal fatigue, which must be conducted on the components of the
  296  amusement ride as required by any rule adopted under this
  297  section, by the manufacturer of the amusement ride, or by the
  298  professional engineer or qualified inspector executing the
  299  affidavit of nondestructive testing.
  300         (b) Nondestructive testings must be performed by a
  301  technician who meets the requirements prescribed by department
  302  rule of subparagraphs (4)(a)4. and 5.
  303         (c) An affidavit of nondestructive testing must state:
  304         1. That the amusement ride was inspected in person by the
  305  affiant.
  306         2. That all nondestructive testing requirements are
  307  current.
  308         3. That the nondestructive testing was performed by a
  309  qualified nondestructive testing technician.
  310         4. The components of the amusement ride for which the
  311  manufacturer has recommended or required nondestructive testing.
  312         5. The type of nondestructive testing required or
  313  recommended by the manufacturer.
  314         6. The frequency of the nondestructive testing required or
  315  recommended by the manufacturer.
  316         7. The components of the amusement ride for which the
  317  affiant has recommended or required nondestructive testing.
  318         8. The type of nondestructive testing required or
  319  recommended by the affiant.
  320         9. The frequency of the nondestructive testing as required
  321  or recommended by the affiant.
  322         10. That visual nondestructive testing is adequate for the
  323  amusement ride to be in general conformance with the
  324  requirements of this section, and all applicable rules, only, if
  325  only visual nondestructive testing is required or recommended by
  326  either the manufacturer or the affiant.
  327         (d) Nondestructive testing is not required for fun houses,
  328  houses of mirrors, haunted houses, mazes, wave pools, wave
  329  making devices, kiddie pools, slides that are fully supported by
  330  an earthen mound, nonmotorized playground equipment that
  331  requires a manager, or lazy-river-type nonmotorized floating
  332  carriers propelled by water.
  333         (8)(7) DEPARTMENT INSPECTIONS.—
  334         (a) In order to obtain an annual or a temporary amusement
  335  ride permit, an amusement ride must be inspected by the
  336  department.
  337         1.A in accordance with subsection (11) and receive an
  338  inspection certificate. In addition, each permanent amusement
  339  ride must be inspected semiannually by the department in
  340  accordance with subsection (11) and receive an inspection
  341  certificate, and each temporary amusement ride must be inspected
  342  by the department in accordance with subsection (11), and must
  343  receive an inspection certificate each time the ride is set up
  344  or moved to a new location in this state unless the temporary
  345  amusement ride is exempt from the required inspection if it is:
  346         a.1. Used at a private event;
  347         b.2. A simulator, the capacity of which does not exceed 16
  348  persons; or
  349         c.3. A kiddie ride used at a public event, provided that
  350  not there are no more than three amusement rides are at the
  351  event, none of the kiddie rides at the event do not exceed
  352  exceeds a capacity of 12 persons, and the kiddie ride passed a
  353  department inspection and was issued a permit has an inspection
  354  certificate that was issued within the preceding 6 months. The
  355  capacity of a kiddie ride shall be determined by department rule
  356  of the department, unless the capacity of the ride has been
  357  determined and specified by the manufacturer. Any owner or
  358  manager of a kiddie ride operating under this exemption is
  359  responsible for ensuring that not no more than three amusement
  360  rides are operated at the event. The department shall inspect
  361  permanent amusement rides 6 months after the issuance of the
  362  annual permit.
  363         2.(b)The required inspection may be waived for a permanent
  364  amusement ride if it was inspected and certified by an
  365  accredited trade organization as defined by department rule To
  366  obtain a department inspection for an amusement ride, the owner
  367  must submit to the department on a form prescribed by rule of
  368  the department a written Request for Inspection. The owner must
  369  provide the following information to the department:
  370         1.The legal name, address, and primary place of business
  371  of the owner.
  372         2.A description, manufacturer’s name, serial number, model
  373  number, and the United States Amusement Identification Number,
  374  if previously assigned, of the amusement ride.
  375         3.For a temporary amusement ride, for each time the
  376  amusement ride is set up or moved to a new location, the date of
  377  first intended use at the new location and the address or a
  378  description of the new location.
  379         (c)For permanent amusement rides, the request for
  380  inspection must be received by the department at least 15 days
  381  before the owner’s planned opening date or at least 15 days
  382  before the expiration of the prior inspection certificate. If
  383  the request for inspection is received less than 15 days before
  384  the owner’s planned opening date or less than 15 days before the
  385  expiration of the prior inspection certificate, the department
  386  may nevertheless inspect the amusement ride and charge a late
  387  fee, as set by rule of the department.
  388         (d)For temporary amusement rides, the request for
  389  inspection must be received by the department for each time the
  390  amusement ride is set up or moved to a new location at least 14
  391  days before the date of first intended use at the new location.
  392  If the request for inspection is received less than 14 days
  393  before the date of first intended use at the new location, the
  394  department may nevertheless inspect the amusement ride and
  395  charge a late fee, as set by rule of the department.
  396         (b)(e) Inspections must will be assigned on a first-come,
  397  first-served first come, first served basis, and overflow
  398  requests must will be scheduled on the closest date to the date
  399  for which the inspection was requested.
  400         (c)(f) Upon failure of an amusement ride to pass any
  401  department inspection, the owner or manager may request
  402  reinspection, which must shall be submitted in writing to the
  403  department on a form prescribed by department rule of the
  404  department. The department shall reinspect the amusement ride as
  405  soon as practicable after practical following receipt of the
  406  written request for reinspection and any applicable reinspection
  407  fees set by department rule of the department. Inspections must
  408  will be assigned on a first-come, first-served first come, first
  409  served basis, and the overflow requests must will be scheduled
  410  on the closest date to the date for which the inspection was
  411  requested.
  412         (g)If the amusement ride passes inspection and the owner
  413  pays the applicable fee set by rule of the department, the
  414  department shall issue an inspection certificate on a form
  415  prescribed by rule of the department.
  416         (h)The inspection certificate must contain the date of
  417  inspection, the site of the inspection, and the name of the
  418  inspector.
  419         (i)The inspection certificate is valid only for the site
  420  stated on the inspection certificate. The inspection certificate
  421  is valid for a period of not more than 6 months from the date of
  422  issuance, and is not transferable.
  423         (j)The inspection certificate must be displayed on the
  424  amusement ride at a place readily visible to patrons of the
  425  amusement ride.
  426         (d)(k) If the owner or manager fails to timely cancel a
  427  scheduled Request for inspection, requests holiday or weekend
  428  inspections, or is required to have a replacement USAID plate
  429  issued by the department, the owner or manager may be charged an
  430  appropriate fee to be set by department rule of the department.
  431         (e)In order to align inspection dates at permanent
  432  facilities, the department may shorten or extend the 6-month
  433  inspection interval. Fees for rides with shortened inspection
  434  intervals must be prorated. Extensions of inspection intervals
  435  may not exceed 2 months.
  436         (9)(8) FEES.—
  437         (a) The department shall by rule establish by rule fees to
  438  cover the costs and expenditures associated with the fair rides
  439  inspection program, including all direct and indirect costs. If
  440  the Legislature does not appropriate there is not sufficient
  441  general revenue sufficient to cover such costs and expenditures
  442  appropriated by the Legislature, the industry shall pay for the
  443  remainder remaining cost of the program. The fees must be
  444  deposited in the General Inspection Trust Fund.
  445         (b) An Any owner or manager of an amusement ride who has
  446  not paid all the fees required under this section or who has any
  447  unpaid fine outstanding under this section may not operate any
  448  amusement ride in this state until the fees or and fines have
  449  been paid to the department.
  450         (10)(9) INSURANCE REQUIREMENTS.—
  451         (a) An owner or manager may not operate an amusement ride
  452  unless the owner or manager has in effect at all times of
  453  operation an insurance policy in an amount of at least $1
  454  million per occurrence, $1 million in the aggregate, which
  455  insures the owner or manager of the amusement ride against
  456  liability for injury to persons arising out of the use of the
  457  amusement ride.
  458         (b) The policy must be procured from an insurer that is
  459  licensed to transact business in this state or that is approved
  460  as a surplus lines insurer.
  461         (c) The insurance requirements imposed under This
  462  subsection does do not apply to a governmental entity that is
  463  covered under by the provisions of s. 768.28(16).
  464         (11)(10) EXEMPTIONS.—
  465         (a) This section does not apply to:
  466         1. Permanent facilities that employ at least 1,000 full
  467  time employees and that maintain full-time, in-house safety
  468  inspectors. However Furthermore, the permanent facilities must
  469  file an affidavit of the annual inspection with the department,
  470  on a form prescribed by department rule of the department.
  471  Additionally, The department of Agriculture and Consumer
  472  Services may consult annually with the permanent facilities
  473  regarding industry safety programs.
  474         2. Any playground operated by a school, a local government,
  475  or a business licensed under chapter 509, if the playground is
  476  an incidental amenity and the operating entity is not primarily
  477  engaged in providing amusement, pleasure, thrills, or
  478  excitement.
  479         3. Museums or other institutions principally devoted to the
  480  exhibition of products of agriculture, industry, education,
  481  science, religion, or the arts.
  482         4.Conventions or trade shows for the sale or exhibit of
  483  amusement rides if there are a minimum of 15 amusement rides on
  484  display or exhibition, and if any operation of such amusement
  485  rides is limited to the registered attendees of the convention
  486  or trade show.
  487         5. Skating rinks;, arcades;, laser or paint ball war
  488  games;, bowling alleys;, miniature golf courses;, mechanical
  489  bulls;, inflatable rides;, trampolines;, ball crawls;, exercise
  490  equipment;, jet skis;, paddle boats;, airboats;, helicopters;,
  491  airplanes;, parasails;, hot air or helium balloons, whether
  492  tethered or untethered;, theatres;, batting cages;, stationary
  493  spring-mounted fixtures;, rider-propelled merry-go-rounds;,
  494  games;, side shows;, live animal rides;, or live animal shows.
  495         4.6. Go-karts operated in competitive sporting events if
  496  participation is not open to the public.
  497         (b)All of the following are exempt from subsections (5),
  498  (6), (8) and (9), but may be inspected by the department
  499  following a complaint or pursuant to an accident that is
  500  required to be reported under subsection (15), and such
  501  exemption may be removed if the exempted amusement ride is found
  502  to have been operating in a manner or circumstance that presents
  503  a risk or resulted in a serious injury to patrons:
  504         1.Museums or other institutions principally devoted to the
  505  exhibition of products of agriculture, industry, education,
  506  science, religion, or the arts.
  507         2.Conventions or trade shows for the sale or exhibit of
  508  amusement rides if there are a minimum of 15 amusement rides on
  509  display or exhibition and if any operation of such amusement
  510  rides is limited to the registered attendees of the convention
  511  or trade show.
  512         3.7. Nonmotorized playground equipment that is not required
  513  to have a manager.
  514         4.8. Coin-actuated amusement rides designed to be operated
  515  by depositing coins, tokens, credit cards, debit cards, bills,
  516  or other cash money and which are not required to have a
  517  manager, and which have a capacity of six persons or less.
  518         5.9. Facilities described in s. 549.09(1)(a) when such
  519  facilities are operating cars, trucks, or motorcycles only.
  520         6.10. Battery-powered cars or other vehicles that are
  521  designed to be operated by children 7 years of age or under and
  522  that cannot exceed a speed of 4 miles per hour.
  523         7.11.Mechanically driven vehicles that pull train cars,
  524  carts, wagons, or other similar vehicles, that are not confined
  525  to a metal track or confined to an area but are steered by an
  526  operator and do not exceed a speed of 4 miles per hour.
  527         8.12. A water-related amusement ride operated by a business
  528  licensed under chapter 509 if the water-related amusement ride
  529  is an incidental amenity and the operating business is not
  530  primarily engaged in providing amusement, pleasure, thrills, or
  531  excitement and does not offer day rates.
  532         9.13. An amusement ride at a private, membership-only
  533  facility if the amusement ride is an incidental amenity and the
  534  facility is not open to the general public; is not primarily
  535  engaged in providing amusement, pleasure, thrills, or
  536  excitement; and does not offer day rates.
  537         10.14. A nonprofit permanent facility registered under
  538  chapter 496 which is not open to the general public.
  539         (c)(b) The department may, by rule, establish by rule
  540  exemptions from this section for specific rides or types of
  541  rides nonmotorized or human-powered amusement rides or coin
  542  actuated amusement rides.
  543         (12)(11) INSPECTION STANDARDS.—An amusement ride must
  544  conform to and must be inspected by the department in accordance
  545  with the following standards:
  546         (a) All mechanical, structural, and electrical components
  547  that affect patron safety must be in good working order.
  548         (b) All control devices, speed-limiting devices, brakes,
  549  and safety equipment designated by the manufacturer must be in
  550  good working order.
  551         (c) Parts must be properly aligned, and they may not be
  552  bent, distorted, cut, or otherwise injured to force a fit. Parts
  553  requiring lubrication must be lubricated in the course of
  554  assembly. Fastening and locking devices must be installed when
  555  where required for safe operation.
  556         (d) Before being used by the public, An amusement ride must
  557  be placed or secured with blocking, cribbing, outriggers, guys,
  558  or other means so as to be stable under all operating
  559  conditions.
  560         (e) Areas in which patrons may be endangered by the
  561  operation of an amusement ride must be fenced, barricaded, or
  562  otherwise effectively guarded against inadvertent contact.
  563         (f) Machinery used in or with an amusement ride must be
  564  enclosed, barricaded, or otherwise effectively guarded against
  565  inadvertent contact.
  566         (g) An amusement ride powered so as to be capable of
  567  exceeding its maximum safe operating speed must be provided with
  568  a maximum-speed-limiting device.
  569         (h) The interior and exterior parts of all patron-carrying
  570  amusement rides with which a patron may come in contact must be
  571  smooth and rounded and free from sharp, rough, or splintered
  572  edges and corners, and from with no projecting studs, bolts, and
  573  screws, or other projections that which might cause injury.
  574         (i) Signs that advise or warn patrons of age restrictions,
  575  size restrictions, health restrictions, weight limitations, or
  576  any other special consideration or use restrictions required or
  577  recommended for the amusement ride by the manufacturer must
  578  shall be prominently displayed at the patron entrance of each
  579  amusement ride.
  580         (j) All amusement rides presented for inspection as ready
  581  for operation or in operation must comply with this section and
  582  department rule the rules adopted hereunder.
  583         (k)A sign containing the toll-free number of the
  584  department and informing patrons that they may contact the
  585  department with complaints or concerns regarding the operation
  586  of amusement rides must be posted in a manner conspicuous to the
  587  public at each entrance of a temporary amusement ride facility.
  588  The department shall prescribe by rule specifications for such
  589  signs.
  590         (13)(12) MAJOR MODIFICATION.—After an amusement ride has
  591  undergone a major modification, and before prior to the time it
  592  is placed in operation, a professional engineer licensed by the
  593  state in which the certification is performed must certify that
  594  the amusement ride is in compliance with this section and
  595  department rule all rules adopted pursuant thereto. Upon
  596  request, the owner or manager of the amusement ride shall
  597  provide to the department a copy of the required certification
  598  and all evidence used by the professional engineer to prepare
  599  the certification.
  600         (14)(13) ENTRY FOR INSPECTION OR INVESTIGATION.—Upon
  601  presentation of identification, an authorized employee of the
  602  department may enter unannounced and inspect amusement rides at
  603  any time and in a reasonable manner and has the right to
  604  question any owner or manager; to inspect, investigate,
  605  photograph, and sample all pertinent places, areas, and devices;
  606  and to conduct or have conducted all appropriate tests including
  607  nondestructive testing. The department may impose fees for
  608  unannounced inspections and recover the cost of tests authorized
  609  by this subsection.
  610         (15)(14) REPORTING AND INVESTIGATION OF ACCIDENTS AND
  611  DEFECTS; IMPOUNDMENTS.—
  612         (a) Any accident of which the owner or manager has
  613  knowledge or, through the exercise of reasonable diligence
  614  should have knowledge, and for which a patron is transported to
  615  a hospital, as defined in chapter 395, must be reported by the
  616  owner or manager to the department by telephone within 4 hours
  617  after the occurrence of the accident and must be followed up by
  618  a written report to the department within 24 hours after the
  619  occurrence of the accident.
  620         (b) Any mechanical, structural, or electrical defects or
  621  failures affecting patron safety for which an amusement ride is
  622  closed to patron use for more than 4 hours must be reported by
  623  the owner or manager to the department by telephone or facsimile
  624  within 8 hours after the closing of the ride. A written report
  625  of the closing of the ride, on a form prescribed by department
  626  rule of the department, must be filed by the owner or manager
  627  with the department within 24 hours after the closing of the
  628  amusement ride. The affected ride must remain closed until
  629  repairs are reviewed and the ride is released for operation by
  630  the department.
  631         (c) The department may impound an amusement ride involved
  632  in an accident for which a patron is transported to a hospital
  633  as defined in chapter 395 or which has a mechanical, structural,
  634  or electrical defect affecting patron safety;, and may impound
  635  any other amusement ride of a similar make and model;, and may
  636  perform all necessary tests to determine the cause of the
  637  accident or the mechanical, structural, or electrical defect, or
  638  to determine the safety of the amusement ride and any other
  639  amusement ride of a similar make and model. The cost of
  640  impounding the amusement ride and performing the necessary tests
  641  must be borne by the owner of the amusement ride.
  642         (16)(15) INSPECTION BY OWNER OR MANAGER.—Before opening on
  643  each day of operation and before any inspection by the
  644  department, the owner or manager of an amusement ride must
  645  inspect and test each the amusement ride to ensure compliance
  646  with all requirements of this section. Each inspection must be
  647  recorded on a form prescribed by department rule of the
  648  department and signed by the person who conducted the
  649  inspection. In lieu of the form prescribed by department rule of
  650  the department, the owner or manager may request approval of an
  651  alternative form that if the alternative form includes, at a
  652  minimum, the information required on the form prescribed by
  653  department rule of the department. Inspection records of the
  654  last 14 daily inspections must be kept on site by the owner or
  655  manager and made immediately available to the department upon
  656  request.
  657         (17)(16) TRAINING OF EMPLOYEES.—The owner or manager of an
  658  amusement ride shall maintain a record of employee training for
  659  each employee authorized to operate, assemble, disassemble,
  660  transport, or conduct maintenance on an amusement ride on a form
  661  prescribed by department rule of the department. In lieu of the
  662  form prescribed by department rule of the department, the owner
  663  or manager may request approval of an alternative form that if
  664  the alternative form includes, at a minimum, the information
  665  required on the form prescribed by department rule of the
  666  department. The training record must be kept on site by the
  667  owner or manager and made immediately available to the
  668  department upon request. Training may not be conducted when an
  669  amusement ride is open to the public unless the training is
  670  conducted under the supervision of an employee who is trained in
  671  the operation of that ride. The owner or manager shall certify
  672  that each employee is trained, as required by this section and
  673  any rules adopted thereunder, on the amusement ride for which
  674  the employee is responsible.
  675         (18)(17) PROHIBITIONS RELATED TO BUNGY OPERATIONS.—The
  676  following bungy operations are prohibited:
  677         (a) A bungy operation conducted with balloons, blimps,
  678  helicopters, or other aircraft.
  679         (b) Sand bagging, which is the practice of holding onto any
  680  object, including another person, while bungy jumping, for the
  681  purpose of exerting more force on the bungy cord to stretch it
  682  further, and then releasing the object during the jump causing
  683  the jumper to rebound with more force than could be created by
  684  the jumper’s weight alone.
  685         (c) Tandem or multiple bungy jumping.
  686         (d) Bungy jumping from any bridge, overpass, or any other
  687  structure not specifically designed as an amusement ride.
  688         (e) The practice of bungy catapulting or reverse bungy
  689  jumping.
  690         (19)(18) IMMEDIATE FINAL ORDERS.—
  691         (a) An amusement ride that fails to meet the requirements
  692  of this section or pass the inspections required by this
  693  section;, or an amusement ride that is involved in an accident
  694  for which a patron is transported to a hospital as defined in
  695  chapter 395;, or an amusement ride that has a mechanical,
  696  structural, or electrical defect that affects patron safety may
  697  be considered an immediate serious danger to the public health,
  698  safety, and welfare and, upon issuance of an immediate final
  699  order prohibiting patron use of the ride, may not be operated
  700  for patron use until it has passed a subsequent inspection by or
  701  at the direction of the department.
  702         (b) An amusement ride of a similar make and model to an
  703  amusement ride described in paragraph (a) may be considered an
  704  immediate serious danger to the public health, safety, and
  705  welfare and, upon issuance of an immediate final order
  706  prohibiting patron use of the ride, may not be operated for
  707  patron use until it has passed a subsequent inspection by or at
  708  the direction of the department.
  709         (20)WITNESSES AND EVIDENCE.—
  710         (a)In any examination or investigation conducted by the
  711  department or by an examiner appointed by the department, the
  712  department may administer oaths, examine and cross-examine
  713  witnesses, receive oral and documentary evidence, subpoena
  714  witnesses, compel witness attendance and testimony, and require
  715  by subpoena the production of documents or other evidence that
  716  it deems relevant to the inquiry.
  717         (b)If any person refuses to comply with such subpoena or
  718  to testify as to any relevant matter, the Circuit Court of Leon
  719  County, or the circuit court of the county in which such
  720  examination or investigation is being conducted or the county in
  721  which such person resides pursuant to an application filed with
  722  the department, may issue an order requiring such person to
  723  comply with the subpoena and to testify. Any failure to obey
  724  such an order of the court may be punished by the court as a
  725  contempt thereof.
  726         (c)Subpoenas must be served, and proof of such service
  727  must be made, in the same manner as if issued by a circuit
  728  court. Witness fees and mileage, if claimed, must be allowed as
  729  they are for testimony in a circuit court.
  730         (d)Any person willfully testifying falsely under oath as
  731  to any matter material to any such examination, investigation,
  732  or hearing commits perjury and shall be punished accordingly.
  733         (e)Any person who asks to be excused from attending or
  734  testifying or from producing any documents or other evidence in
  735  connection with any examination, hearing, or investigation on
  736  the ground that the testimony or evidence required may tend to
  737  incriminate him or her or subject him or her to a penalty or
  738  forfeiture and who, nevertheless, is directed by the department
  739  and the Department of Legal Affairs to give such testimony or
  740  produce such evidence shall comply with that directive. The
  741  person may not thereafter be prosecuted or subjected to any
  742  penalty or forfeiture for or on account of any transaction,
  743  matter, or thing concerning which he or she may have testified
  744  or produced evidence, and no testimony given or evidence
  745  produced may be received against him or her in any criminal
  746  action, investigation, or proceeding. However, a person so
  747  testifying is not exempt from prosecution or punishment for any
  748  perjury committed by him or her in such testimony, and the
  749  testimony or evidence given or produced is admissible against
  750  him or her in any criminal action, investigation, or proceeding
  751  concerning such perjury; and the person is not exempt from the
  752  refusal, suspension, or revocation of any license, permission,
  753  or authority conferred or to be conferred pursuant to this
  754  chapter.
  755         (f)Any such individual may execute, acknowledge, and file
  756  with the department a statement expressly waiving such immunity
  757  or privilege with respect to any transaction, matter, or thing
  758  specified in such statement; and upon such filing, the testimony
  759  of such individual or such evidence in relation to such
  760  transaction, matter, or thing may be received or produced before
  761  any judge or justice, court, tribunal, grand jury, or otherwise;
  762  and, if so received or produced, such individual is not entitled
  763  to any immunity or privileges on account of any testimony he or
  764  she may so give or evidence so produced.
  765         (g)Any person who refuses or fails without lawful cause to
  766  testify relative to the affairs of any person, when subpoenaed
  767  and requested by the department to so testify, commits a
  768  misdemeanor of the second degree, punishable as provided in s.
  769  775.083.
  770         (21)(19) ENFORCEMENT AND PENALTIES.—
  771         (a) The department may deny, suspend for a period not to
  772  exceed 1 year, or revoke any permit or inspection certificate.
  773  In addition to denial, suspension, or revocation, the department
  774  may impose an administrative fine in the Class III Class II
  775  category pursuant to s. 570.971 not to exceed $10,000 $2,500 for
  776  each violation, for each day the violation exists, against the
  777  owner or manager of the amusement ride if it finds that:
  778         1. An amusement ride has operated or is operating:
  779         a. With a mechanical, structural, or electrical defect that
  780  affects patron safety, of which the owner or manager has
  781  knowledge, or, through the exercise of reasonable diligence,
  782  should have knowledge;
  783         b. In a manner or circumstance that presents a risk of
  784  serious injury to patrons;
  785         c. At a speed in excess of its maximum safe operating
  786  speed;
  787         d. In violation of this section or department any rule
  788  adopted under this section; or
  789         e. In violation of an order of the department or order of
  790  any court; or
  791         2. An owner, a manager, or an operator in the course of his
  792  or her duties is under the influence of drugs or alcohol; or
  793         3.An amusement ride was presented for inspection as ready
  794  for operation with a mechanical, structural, or electrical
  795  defect that affects patron safety, of which the owner or manager
  796  has knowledge or, through the exercise of reasonable diligence,
  797  should have knowledge.
  798         (b)In addition to the administrative fine provided in
  799  paragraph (a), the department may impose an additional
  800  administrative fine in the Class IV category pursuant to s.
  801  570.971 of $10,000 or more against the owner or manager if a
  802  violation resulted in serious injury or death to a patron.
  803         (c)(b)The department shall, In its order suspending a
  804  permit or inspection certificate, the department shall specify
  805  the period during which the suspension is effective, which; but
  806  such period may not exceed 1 year. The permit must or inspection
  807  certificate shall remain suspended during the period so
  808  specified, subject, however, to any rescission or modification
  809  of the order by the department, or modification or reversal
  810  thereof by the court, before prior to expiration of the
  811  suspension period.
  812         (d)(c)The owner of an amusement ride, If the permit or
  813  inspection certificate for the amusement ride has been revoked
  814  by the department, the owner or manager of such ride may not
  815  apply for another permit or inspection certificate for the
  816  amusement ride within 2 years after the date of such revocation.
  817  If judicial review is sought and a stay of the revocation is
  818  obtained, the owner or manager may not apply for another permit
  819  or inspection certificate within 2 years after the final order
  820  of the court sustaining the revocation.
  821         (e)(d) During the period of suspension or revocation of a
  822  permit or inspection certificate, the owner or manager may not
  823  engage in or attempt to engage in any operation of the amusement
  824  ride for which a permit or inspection certificate is required
  825  under this section.
  826         (f)(e) When a suspension period imposed by the department
  827  has expired, an owner or manager whose annual permit or
  828  inspection certificate has expired may reapply for a new permit
  829  or inspection certificate by submitting a complete application
  830  to the department.
  831         (g)(f) In addition to the remedies provided in this
  832  section, and notwithstanding the existence of any adequate
  833  remedy at law, the department may bring an action to enjoin the
  834  violation of any provision of this section, or rules adopted
  835  under this section, in the circuit court of the county in which
  836  the violation occurs or is about to occur. Upon presentation
  837  competent and substantial evidence presented by the department
  838  to the court of competent and substantial evidence of the
  839  violation or threatened violation, the court must immediately
  840  issue the temporary or permanent injunction sought by the
  841  department. The injunction must be issued without bond.
  842         (h)(g) In addition to the penalties authorized to be
  843  imposed for any violation of this section or any rule adopted
  844  under this section, the department may issue a letter of warning
  845  to the owner or manager of the amusement ride specifying the
  846  violation and directing the owner or manager to immediately
  847  correct the violation.
  848         (i)(h) Any person who knowingly violates any provision of
  849  this section commits a misdemeanor of the second degree,
  850  punishable as provided in s. 775.082 or s. 775.083.
  851         Section 2. This act shall take effect July 1, 2020.