Florida Senate - 2023                                     SB 902
       
       
        
       By Senator Thompson
       
       
       
       
       
       15-01327A-23                                           2023902__
    1                        A bill to be entitled                      
    2         An act relating to safety standards for amusement
    3         rides; providing a short title; amending s. 616.242,
    4         F.S.; defining and redefining terms; requiring
    5         permanent amusement rides operated for the first time
    6         in this state after a specified date to have a ride
    7         commissioning and certification report on file with
    8         the Department of Agriculture and Consumer Services
    9         within a specified timeframe; revising the application
   10         requirements for permanent and temporary amusement
   11         ride permits; exempting from permit requirements
   12         temporary amusement rides that meet certain
   13         conditions; revising the annual nondestructive testing
   14         requirements for amusement rides; requiring nonvisual
   15         nondestructive testing to be used in certain
   16         circumstances; revising the affidavit requirements for
   17         nondestructive testing; authorizing the department to
   18         conduct unannounced inspections for specified
   19         purposes; requiring the department to remove an
   20         amusement ride from service and take appropriate
   21         administrative actions under certain circumstances;
   22         removing an exemption for temporary amusement ride
   23         inspections; authorizing the department to conduct
   24         certain inspections upon request; revising amusement
   25         ride inspection standards; revising the reasons for
   26         which the department is authorized to enter and
   27         inspect amusement rides; requiring the department to
   28         prepare a written report of each investigation it
   29         conducts; revising the circumstances under which the
   30         owner or manager of an amusement ride is required to
   31         report an accident and under which the department may
   32         impound an amusement ride involved in an accident;
   33         requiring daily owner or manager amusement ride
   34         inspections to be recorded at the time of inspection;
   35         requiring the department to establish by rule minimum
   36         amusement ride training and retraining standards;
   37         revising training requirements; revising circumstances
   38         under which an amusement ride may be considered an
   39         immediate serious danger to the public; providing an
   40         effective date.
   41  
   42         WHEREAS, on March 24, 2022, Tyre Sampson, a 14-year-old boy
   43  visiting this state from Missouri, fell to his death from the
   44  Eagle Drop Tower in Orlando, and
   45         WHEREAS, after the accident, Department of Agriculture and
   46  Consumer Services inspectors performed multiple onsite
   47  inspections of the tower and its components and contracted with
   48  a third party to conduct a failure analysis assessment of the
   49  tower, and
   50         WHEREAS, the investigators concluded that changes made to
   51  the ride by the ride operators after initial installation
   52  contributed to Tyre Sampson’s death, and
   53         WHEREAS, the proposed changes made by this act are
   54  necessary to address the safety problems discovered during the
   55  department’s investigation, NOW, THEREFORE,
   56  
   57  Be It Enacted by the Legislature of the State of Florida:
   58  
   59         Section 1. This act may be cited as the “Tyre Sampson Act.”
   60         Section 2. Present paragraphs (j) through (q) and (r)
   61  through (u) of subsection (3) of section 616.242, Florida
   62  Statutes, are redesignated as paragraphs (k) through (r) and (t)
   63  through (w), respectively, new paragraphs (j) and (s) are added
   64  to that subsection and a new paragraph (g) is added to
   65  subsection (6) of that section, and paragraph (h) of subsection
   66  (3), paragraph (a) of subsection (4), paragraph (b) of
   67  subsection (5), paragraphs (b) and (f) of subsection (6),
   68  subsection (7), paragraph (a) of subsection (8), paragraph (b)
   69  of subsection (11), subsections (12) and (14), paragraphs (a)
   70  and (c) of subsection (15), and subsections (16), (17), and (19)
   71  of that section are amended, to read:
   72         616.242 Safety standards for amusement rides.—
   73         (3) DEFINITIONS.—As used in this section, the term:
   74         (h) “Major modification” means any change in the structural
   75  characteristics, or operational characteristics, or safety
   76  systems of an amusement ride which will alter its performance or
   77  settings from those that specified in the manufacturer’s design
   78  criteria or operator’s manual or as certified in the ride
   79  commissioning and certification report.
   80         (j)“Nationally recognized testing laboratory” means an
   81  independent laboratory recognized by the United States
   82  Occupational Safety and Health Administration which tests
   83  products to applicable product safety standards in order to
   84  provide independent testing and certification of devices that
   85  may pose a risk to the user.
   86         (s)“Ride commissioning and certification report” means a
   87  commissioning and certification report by the ride manufacturer
   88  or a nationally recognized testing laboratory which certifies
   89  that the ride has been designed, manufactured, installed, and
   90  tested in conformance with the manufacturer’s design criteria,
   91  standards referenced in this section, and rules adopted by the
   92  department.
   93         (4) ADOPTION OF STANDARDS; RULES.—
   94         (a) The department shall adopt by rule standards for
   95  amusement rides. The rules must:
   96         1.Be which are the same as or similar to the following
   97  national standards:
   98         a.1. ASTM International Committee F24 Standards on
   99  Amusement Rides and Devices.
  100         b.2. The National Electric Code Handbook.
  101         c.3. National Fire Protection Association standards.
  102         2.Require that each permanent amusement ride operated for
  103  the first time in this state after July 1, 2023, have a ride
  104  commissioning and certification report on file with the
  105  department before the department conducts the permanent
  106  amusement ride’s first inspection and issues a permit for the
  107  permanent amusement ride.
  108         (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
  109         (b) To apply for an annual permit, an owner or manager must
  110  submit to the department a written application on a form
  111  prescribed by department rule, which must include all of the
  112  following:
  113         1. The legal name, address, e-mail address, and primary
  114  place of business of the owner or manager, as applicable.
  115         2. A description, manufacturer’s name, serial number, model
  116  number, and, if previously assigned, the United States Amusement
  117  Identification Number of the amusement ride.
  118         3. A valid certificate of insurance for each amusement
  119  ride.
  120         4. If required under subsection (7), An annual affidavit of
  121  compliance and nondestructive testing certifying that the
  122  amusement ride was inspected in person by the affiant and that
  123  the amusement ride is in general conformance with the
  124  requirements of this section and all applicable department
  125  rules. The affidavit must have been executed by a professional
  126  engineer or a qualified inspector within the last calendar year.
  127         5. The owner or manager shall, At no cost to the
  128  department, provide the department an electronic copy of the
  129  manufacturer’s current recommended operating instructions, the
  130  owner’s operating fact sheet, a longitudinal record regarding
  131  accidents involving rides he or she previously owned or
  132  operated, and any written bulletins concerning the safety,
  133  operation, or maintenance of the amusement ride.
  134         6.Beginning July 1, 2023, a ride commissioning and
  135  certification report for each permanent amusement ride operated
  136  for the first time in this state after July 1, 2023.
  137         (6) TEMPORARY AMUSEMENT RIDE PERMIT.—
  138         (b) To apply for a permit, an owner or manager must submit
  139  to the department a written application on a form prescribed by
  140  department rule. The written application, which must include all
  141  of the following:
  142         1. The legal name, address, e-mail address, and primary
  143  place of business of the owner or manager, as applicable.
  144         2. A description, manufacturer’s name, serial number, model
  145  number, and, if previously assigned, the United States Amusement
  146  Identification Number of the amusement ride.
  147         3. A valid certificate of insurance for each amusement
  148  ride.
  149         4. If required under subsection (7), An affidavit of
  150  compliance and nondestructive testing certifying that the
  151  amusement ride was inspected in person by the affiant and that
  152  the amusement ride is in general conformance with the
  153  requirements of this section and all applicable department
  154  rules. The affidavit must be executed by a professional engineer
  155  or a qualified inspector.
  156         5. The owner or manager shall, At no cost to the
  157  department, provide the department an electronic copy of the
  158  manufacturer’s current recommended operating instructions, the
  159  operating fact sheet, a longitudinal record regarding accidents
  160  involving rides he or she previously owned or operated, and any
  161  written bulletins concerning the safety, operation, or
  162  maintenance of the amusement ride.
  163         (f) A temporary amusement ride is exempt from the required
  164  permit if it is:
  165         1.Used at a private event and was issued a permit within
  166  the preceding 6 months; or
  167         2.A kiddie ride used at a public event, provided that not
  168  more than three amusement rides are at the event, the kiddie
  169  rides at the event do not exceed a capacity of 12 persons, and
  170  the kiddie ride passed a department inspection and was issued a
  171  permit within the preceding 6 months. Unless the capacity of the
  172  ride has been determined and specified by the manufacturer, the
  173  department shall determine the capacity of the kiddie ride by
  174  rule. An owner or a manager of a kiddie ride operating under
  175  this exemption is responsible for ensuring that not more than
  176  three amusement rides are operated at the event.
  177         (g) The permit must be displayed in an accessible location
  178  on the amusement ride.
  179         (7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS.—
  180         (a) Except as provided in paragraph (d), An owner or
  181  manager may not operate an amusement ride unless the owner or
  182  manager at all times has a current affidavit of nondestructive
  183  testing from a professional engineer or qualified inspector that
  184  the amusement ride has undergone nondestructive testing to
  185  verify the integrity of all components for metal fatigue at
  186  least annually. The nondestructive testing for metal fatigue
  187  must be conducted more often than annually if required by any
  188  rule adopted under this section, by the manufacturer of the
  189  amusement ride, or by the professional engineer or qualified
  190  inspector executing the affidavit of nondestructive testing. The
  191  nondestructive testing for metal fatigue must consist at least
  192  of visual nondestructive testing, as well as nonvisual
  193  nondestructive testing for metal fatigue, which must be
  194  conducted on the components of the amusement ride as required by
  195  any rule adopted under this section, by the manufacturer of the
  196  amusement ride, or by the professional engineer or qualified
  197  inspector executing the affidavit of nondestructive testing.
  198         (b) Nonvisual nondestructive testing must be used to verify
  199  the integrity of components that, due to their design, location,
  200  installation, or a combination thereof, cannot be adequately
  201  evaluated by other means.
  202         (c) Nondestructive testing testings must be performed by a
  203  technician who meets the requirements prescribed by department
  204  rule.
  205         (d)(c) An affidavit of nondestructive testing, on a form
  206  prescribed by department rule, must state, at a minimum, all of
  207  the following:
  208         1. That the amusement ride was inspected in person by the
  209  affiant.
  210         2. That all of the manufacturer’s nondestructive testing
  211  requirements and recommendations are current.
  212         3. That the nondestructive testing was performed by a
  213  qualified nondestructive testing technician.
  214         4. The components of the amusement ride for which the
  215  manufacturer has recommended or required nondestructive testing.
  216         5. The type of nondestructive testing required or
  217  recommended by the manufacturer.
  218         6. The frequency of the nondestructive testing required or
  219  recommended by the manufacturer.
  220         7. The components of the amusement ride for which the
  221  affiant, in addition to the manufacturer’s requirements and
  222  recommendations, has recommended or required nondestructive
  223  testing.
  224         8. The type of nondestructive testing required or
  225  recommended by the affiant in addition to the manufacturer’s
  226  requirements and recommendations. If the affiant does not
  227  require or recommend additional nondestructive testing, the
  228  affiant must affirm that the manufacturer’s requirements are
  229  sufficient for the safe operation of the amusement ride.
  230         9. The frequency of the nondestructive testing as required
  231  or recommended by the affiant.
  232         10. That visual nondestructive testing is adequate for the
  233  amusement ride to be in general conformance with the
  234  requirements of this section and all applicable rules, only if
  235  only visual nondestructive testing is required or recommended by
  236  the manufacturer or the affiant.
  237         11.That the amusement ride is in conformance with the
  238  requirements of this section and all applicable department
  239  rules.
  240         12.Whether the amusement ride has undergone a major
  241  modification and, if so, the name of the manager, owner, or
  242  operator who authorized the modification and the date the
  243  modification took place.
  244         13.That the amusement ride and its components are in
  245  conformance with the service life specified by the manufacturer.
  246         14.That the amusement ride is in conformance with all of
  247  the manufacturer’s required or recommended bulletins.
  248         (e)(d)Nonvisual nondestructive testing is not required for
  249  fun houses, houses of mirrors, haunted houses, mazes, wave
  250  pools, wave-making devices, kiddie pools, slides that are fully
  251  supported by an earthen mound, nonmotorized playground equipment
  252  that requires a manager, or lazy-river-type nonmotorized
  253  floating carriers propelled by water.
  254         (8) DEPARTMENT INSPECTIONS.—
  255         (a) In order to obtain an annual or a temporary amusement
  256  ride permit, an amusement ride must be inspected by the
  257  department.
  258         1. The department may conduct unannounced inspections to
  259  observe operations and ensure the amusement ride is being
  260  conducted pursuant to proper procedures, to verify that on-duty
  261  employees have received proper training, and to observe the
  262  amusement ride in operation in order to detect unsafe ride
  263  conditions that may have occurred following the last inspection.
  264  If unsafe conditions are found, the inspector must immediately
  265  remove the amusement ride from service to ensure patron safety
  266  and follow up with the appropriate administrative actions A
  267  temporary amusement ride is exempt from the required inspection
  268  if it is:
  269         a. Used at a private event;
  270         b. A simulator, the capacity of which does not exceed 16
  271  persons; or
  272         c. A kiddie ride used at a public event, provided that not
  273  more than three amusement rides are at the event, the kiddie
  274  rides at the event do not exceed a capacity of 12 persons, and
  275  the kiddie ride passed a department inspection and was issued a
  276  permit within the preceding 6 months. The capacity of a kiddie
  277  ride shall be determined by department rule, unless the capacity
  278  of the ride has been determined and specified by the
  279  manufacturer. Any owner or manager of a kiddie ride operating
  280  under this exemption is responsible for ensuring that not more
  281  than three amusement rides are operated at the event.
  282         2. The department shall inspect permanent amusement rides 6
  283  months after the issuance of the annual permit. The required
  284  inspection may be waived for a permanent amusement ride if it
  285  was inspected and certified by an accredited trade organization
  286  as defined by department rule.
  287         (11) EXEMPTIONS.—
  288         (b) All of the following are exempt from subsections (5),
  289  (6), (8), and (9), but may be inspected by the department upon
  290  request, following a complaint or pursuant to an accident that
  291  is required to be reported under subsection (15), and such
  292  exemption may be removed if the exempted amusement ride is found
  293  to have been operating in a manner or circumstance that presents
  294  a risk or resulted in a serious injury to patrons:
  295         1. Museums or other institutions principally devoted to the
  296  exhibition of products of agriculture, industry, education,
  297  science, religion, or the arts.
  298         2. Conventions or trade shows for the sale or exhibit of
  299  amusement rides if there are a minimum of 15 amusement rides on
  300  display or exhibition and if any operation of such amusement
  301  rides is limited to the registered attendees of the convention
  302  or trade show.
  303         3. Nonmotorized playground equipment that is not required
  304  to have a manager.
  305         4. Coin-actuated amusement rides designed to be operated by
  306  depositing coins, tokens, credit cards, debit cards, bills, or
  307  other cash money and which are not required to have a manager,
  308  and which have a capacity of six persons or less.
  309         5. Facilities described in s. 549.09(1)(a) when such
  310  facilities are operating cars, trucks, or motorcycles only.
  311         6. Battery-powered cars or other vehicles that are designed
  312  to be operated by children 7 years of age or under and that
  313  cannot exceed a speed of 4 miles per hour.
  314         7. Mechanically driven vehicles that pull train cars,
  315  carts, wagons, or other similar vehicles, that are not confined
  316  to a metal track or confined to an area but are steered by an
  317  operator and do not exceed a speed of 4 miles per hour.
  318         8. A water-related amusement ride operated by a business
  319  licensed under chapter 509 if the water-related amusement ride
  320  is an incidental amenity and the operating business is not
  321  primarily engaged in providing amusement, pleasure, thrills, or
  322  excitement and does not offer day rates.
  323         9. An amusement ride at a private, membership-only facility
  324  if the amusement ride is an incidental amenity and the facility
  325  is not open to the general public; is not primarily engaged in
  326  providing amusement, pleasure, thrills, or excitement; and does
  327  not offer day rates.
  328         10. A nonprofit permanent facility registered under chapter
  329  496 which is not open to the general public.
  330         (12) INSPECTION STANDARDS.—An amusement ride must conform
  331  to all of the following standards:
  332         (a) All mechanical, structural, and electrical components
  333  that affect patron safety must be in good working order.
  334         (b) All control devices, speed-limiting devices, brakes,
  335  and safety equipment must be in good working order.
  336         (c) Parts must be properly aligned and may not be bent,
  337  distorted, cut, or otherwise injured to force a fit. Parts
  338  requiring lubrication must be lubricated in the course of
  339  assembly. Fastening and locking devices must be installed when
  340  required for safe operation.
  341         (d) Sensors and other limiting devices related to patron
  342  safety restraint systems may not be adjusted beyond the
  343  prescribed tolerances determined by the manufacturer or by a
  344  licensed professional engineer if the manufacturer is no longer
  345  in business.
  346         (e)The proper positioning and measurements related to
  347  patron safety restraint systems must be provided to the
  348  department before the time of inspection. The specifications may
  349  include redundant restraints, such as seat belts, and must be
  350  approved by the ride manufacturer or by a licensed professional
  351  engineer if the manufacturer is no longer in business.
  352         (f) An amusement ride must be placed or secured with
  353  blocking, cribbing, outriggers, guys, or other means so as to be
  354  stable under all operating conditions.
  355         (g)(e) Areas in which patrons may be endangered by the
  356  operation of an amusement ride must be fenced, barricaded, or
  357  otherwise effectively guarded against inadvertent contact.
  358         (h)(f) Machinery used in or with an amusement ride must be
  359  enclosed, barricaded, or otherwise effectively guarded against
  360  inadvertent contact.
  361         (i)(g) An amusement ride powered so as to be capable of
  362  exceeding its maximum safe operating speed must be provided with
  363  a maximum-speed-limiting device.
  364         (j)(h) The interior and exterior parts of all patron
  365  carrying amusement rides with which a patron may come in contact
  366  must be smooth and rounded and free from sharp, rough, or
  367  splintered edges and corners, and from projecting studs, bolts,
  368  and screws or other projections that might cause injury.
  369         (k)(i) Signs that advise or warn patrons of age
  370  restrictions, size restrictions, health restrictions, weight
  371  limitations, or any other special consideration or use
  372  restrictions, or lack thereof, required or recommended for the
  373  amusement ride by the manufacturer must be prominently displayed
  374  at the patron entrance of each amusement ride. If such rider
  375  restrictions are not provided by the manufacturer, the owner or
  376  manager must provide the department with documentation from the
  377  manufacturer or a licensed professional engineer stating that
  378  such rider restrictions are not necessary for the safe operation
  379  of the amusement ride.
  380         (l)(j) All amusement rides presented for inspection as
  381  ready for operation or in operation must comply with this
  382  section and department rule.
  383         (m)(k) A sign containing the toll-free number of the
  384  department and informing patrons that they may contact the
  385  department with complaints or concerns regarding the safe
  386  operation of amusement rides must be posted in a manner
  387  conspicuous to the public at each entrance of an a temporary
  388  amusement ride facility. The department shall prescribe by rule
  389  specifications for such signs.
  390         (14) ENTRY FOR INSPECTION OR INVESTIGATION.—
  391         (a) Upon presentation of identification, an authorized
  392  employee of the department may enter unannounced and inspect
  393  amusement rides at any time and in a reasonable manner and has
  394  the right to question any owner, operator, or manager; to
  395  inspect, investigate, photograph, and sample all pertinent
  396  places, areas, and devices and review required documentation;
  397  and to conduct or have conducted all appropriate tests,
  398  including nondestructive testing. The department may impose fees
  399  for unannounced inspections and recover the cost of tests
  400  authorized by this subsection.
  401         (b)The department shall prepare a written report of each
  402  investigation it conducts.
  403         (15) REPORTING AND INVESTIGATION OF ACCIDENTS AND DEFECTS;
  404  IMPOUNDMENTS.—
  405         (a) Any accident of which the owner or manager has
  406  knowledge or, through the exercise of reasonable diligence
  407  should have knowledge, and for which a patron seeks treatment at
  408  is transported to a hospital or an urgent care center, as those
  409  terms are defined in chapter 395, must be reported by the owner
  410  or manager to the department by telephone within 4 hours after
  411  the occurrence of the accident or after notification by the
  412  patron and must be followed up by a written report to the
  413  department within 24 hours after the occurrence of the accident
  414  or after notification by the patron.
  415         (c) The department may impound an amusement ride involved
  416  in an accident for which a patron seeks treatment at is
  417  transported to a hospital or an urgent care center as those
  418  terms are defined in chapter 395 or which has a mechanical,
  419  structural, or electrical defect affecting patron safety; may
  420  impound any other amusement ride of a similar make and model or
  421  with similar operating characteristics; and may perform all
  422  necessary tests to determine the cause of the accident or the
  423  mechanical, structural, or electrical defect or to determine the
  424  safety of the amusement ride and any other amusement ride of a
  425  similar make and model or with similar operating
  426  characteristics. The cost of impounding the amusement ride and
  427  performing the necessary tests must be borne by the owner of the
  428  amusement ride.
  429         (16) INSPECTION BY OWNER OR MANAGER.—Before opening on each
  430  day of operation and before any inspection by the department,
  431  the owner or manager of an amusement ride must inspect and test
  432  each amusement ride to ensure compliance with this section. Each
  433  inspection must be recorded at the time of inspection on a form
  434  prescribed by department rule and signed by the person who
  435  conducted the inspection. In lieu of the form prescribed by
  436  department rule, the owner or manager may request approval of an
  437  alternative form that includes, at a minimum, the information
  438  required on the form prescribed by department rule. Inspection
  439  records of the last 14 daily inspections must be kept on site by
  440  the owner or manager and made immediately available to the
  441  department upon request.
  442         (17) TRAINING OF EMPLOYEES.—
  443         (a)The department shall establish by rule minimum training
  444  and retraining standards and the frequency of employee training
  445  for all amusement rides.
  446         (b) The owner or manager of an amusement ride shall
  447  maintain a record of employee training for each employee
  448  authorized to operate, assemble, disassemble, transport, or
  449  conduct maintenance on an amusement ride on a form prescribed by
  450  department rule. In lieu of the form prescribed by department
  451  rule, the owner or manager may request approval of an
  452  alternative form that includes, at a minimum, the information
  453  required on the form prescribed by department rule. The training
  454  record must be kept on site by the owner or manager and made
  455  immediately available to the department upon request. Training
  456  may not be conducted when an amusement ride is open to the
  457  public unless the training is conducted under the supervision of
  458  an employee who is trained in the operation of that ride. The
  459  owner or manager shall immediately document all training
  460  following each training session and certify that each employee
  461  is trained, as required by this section and any rules adopted
  462  thereunder, on the amusement ride for which the employee is
  463  responsible.
  464         (19) IMMEDIATE FINAL ORDERS.—
  465         (a) An amusement ride that fails to meet the requirements
  466  of this section or pass the inspections required by this
  467  section; that is involved in an accident for which a patron
  468  seeks treatment at is transported to a hospital or an urgent
  469  care center as those terms are defined in chapter 395; or that
  470  has a mechanical, structural, or electrical defect that affects
  471  patron safety may be considered an immediate serious danger to
  472  the public health, safety, and welfare and, upon issuance of an
  473  immediate final order prohibiting patron use of the ride, may
  474  not be operated for patron use until it has passed a subsequent
  475  inspection by or at the direction of the department.
  476         (b) An amusement ride of a similar make and model or with
  477  similar operating characteristics to an amusement ride described
  478  in paragraph (a) may be considered an immediate serious danger
  479  to the public health, safety, and welfare and, upon issuance of
  480  an immediate final order prohibiting patron use of the ride, may
  481  not be operated for patron use until it has passed a subsequent
  482  inspection by or at the direction of the department.
  483         Section 3. This act shall take effect July 1, 2023.