Florida Senate - 2020 CS for SB 1228
By the Committee on Agriculture; and Senator Book
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.
30 Be It Enacted by the Legislature of the State of Florida:
32 Section 1. Section 616.242, Florida Statutes, is amended to
34 616.242 Safety standards for amusement rides.—
35 (1) OWNER AND MANAGER RESPONSIBILITIES
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
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
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
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
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
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 i n 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
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;
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
306 2. That all nondestructive testing requirements are
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
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 stat e 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
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
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
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
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
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
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
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
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.
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
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 certificat e 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) T he 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.