Florida Senate - 2023                       CS for CS for SB 902
       
       
        
       By the Appropriations Committee on Agriculture, Environment, and
       General Government; the Committee on Agriculture; and Senator
       Thompson
       
       
       
       601-03979-23                                           2023902c2
    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; requiring the department to
   18         remove an amusement ride from service and take
   19         appropriate administrative actions under certain
   20         circumstances; removing an exemption for temporary
   21         amusement ride inspections; authorizing the department
   22         to conduct certain inspections upon request; revising
   23         amusement ride inspection standards; revising the
   24         reasons for which the department is authorized to
   25         enter and inspect amusement rides; requiring the
   26         department to prepare a written report of each
   27         investigation it conducts; revising the circumstances
   28         under which the owner or manager of an amusement ride
   29         is required to report an accident and under which the
   30         department may impound an amusement ride involved in
   31         an accident; requiring daily owner or manager
   32         amusement ride inspections to be recorded at the time
   33         of inspection; requiring the department to establish
   34         by rule minimum amusement ride training and retraining
   35         standards; revising training requirements; revising
   36         circumstances under which an amusement ride may be
   37         considered an immediate serious danger to the public;
   38         providing an effective date.
   39  
   40         WHEREAS, on March 24, 2022, Tyre Sampson, a 14-year-old boy
   41  visiting this state from Missouri, fell to his death from the
   42  Eagle Drop Tower in Orlando, and
   43         WHEREAS, after the accident, Department of Agriculture and
   44  Consumer Services inspectors performed multiple onsite
   45  inspections of the tower and its components and contracted with
   46  a third party to conduct a failure analysis assessment of the
   47  tower, and
   48         WHEREAS, the investigators concluded that changes made to
   49  the ride by the ride operators after initial installation
   50  contributed to Tyre Sampson’s death, and
   51         WHEREAS, the proposed changes made by this act are
   52  necessary to address the safety problems discovered during the
   53  department’s investigation, NOW, THEREFORE,
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. This act may be cited as the “Tyre Sampson Act.”
   58         Section 2. Present paragraphs (r) through (u) of subsection
   59  (3) of section 616.242, Florida Statutes, are redesignated as
   60  paragraphs (s) through (v), respectively, a new paragraph (r) is
   61  added to that subsection and paragraph (g) is added to
   62  subsection (6) of that section, and paragraph (h) of subsection
   63  (3), paragraph (b) of subsection (5), paragraphs (b) and (f) of
   64  subsection (6), subsection (7), paragraph (a) of subsection (8),
   65  paragraph (b) of subsection (11), subsections (12) and (14),
   66  paragraphs (a) and (c) of subsection (15), and subsections (16),
   67  (17), and (19) of that section are amended, to read:
   68         616.242 Safety standards for amusement rides.—
   69         (3) DEFINITIONS.—As used in this section, the term:
   70         (h) “Major modification” means any change in the structural
   71  characteristics, or operational characteristics, or safety
   72  systems of an amusement ride which will alter its performance or
   73  settings from those that specified in the manufacturer’s design
   74  criteria or operator’s manual.
   75         (r)“Ride commissioning and certification report” means a
   76  commissioning and certification report by the ride manufacturer
   77  which certifies that the ride has been designed and manufactured
   78  in conformance with the manufacturer’s design criteria,
   79  standards referenced in this section, and rules adopted by the
   80  department.
   81         (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
   82         (b) To apply for an annual permit, an owner or manager must
   83  submit to the department a written application on a form
   84  prescribed by department rule, which must include all of the
   85  following:
   86         1. The legal name, address, e-mail address, and primary
   87  place of business of the owner or manager, as applicable.
   88         2. A description, manufacturer’s name, serial number, model
   89  number, and, if previously assigned, the United States Amusement
   90  Identification Number of the amusement ride.
   91         3. A valid certificate of insurance for each amusement
   92  ride.
   93         4. If required under subsection (7), An annual affidavit of
   94  compliance and nondestructive testing certifying that the
   95  amusement ride was inspected in person by the affiant and that
   96  the amusement ride is in general conformance with the
   97  requirements of this section and all applicable department
   98  rules. The affidavit must have been executed by a professional
   99  engineer or a qualified inspector within the last calendar year.
  100         5. The owner or manager shall, At no cost to the
  101  department, provide the department an electronic copy of the
  102  manufacturer’s current recommended operating instructions, the
  103  owner’s operating fact sheet, and any written bulletins
  104  concerning the safety, operation, or maintenance of the
  105  amusement ride.
  106         6.Beginning July 1, 2023, a ride commissioning and
  107  certification report for each permanent amusement ride operated
  108  for the first time in this state after July 1, 2023.
  109         (6) TEMPORARY AMUSEMENT RIDE PERMIT.—
  110         (b) To apply for a permit, an owner or manager must submit
  111  to the department a written application on a form prescribed by
  112  department rule. The written application, which must include all
  113  of the following:
  114         1. The legal name, address, e-mail address, and primary
  115  place of business of the owner or manager, as applicable.
  116         2. A description, manufacturer’s name, serial number, model
  117  number, and, if previously assigned, the United States Amusement
  118  Identification Number of the amusement ride.
  119         3. A valid certificate of insurance for each amusement
  120  ride.
  121         4. If required under subsection (7), An affidavit of
  122  compliance and nondestructive testing certifying that the
  123  amusement ride was inspected in person by the affiant and that
  124  the amusement ride is in general conformance with the
  125  requirements of this section and all applicable department
  126  rules. The affidavit must be executed by a professional engineer
  127  or a qualified inspector.
  128         5. The owner or manager shall, At no cost to the
  129  department, provide the department an electronic copy of the
  130  manufacturer’s current recommended operating instructions, the
  131  operating fact sheet, and any written bulletins concerning the
  132  safety, operation, or maintenance of the amusement ride.
  133         (f) A temporary amusement ride is exempt from the required
  134  permit if it is:
  135         1.Used at a private event and was issued a permit within
  136  the preceding 6 months; or
  137         2.A kiddie ride used at a public event, provided that not
  138  more than three amusement rides are at the event, the kiddie
  139  rides at the event do not exceed a capacity of 12 persons, and
  140  the kiddie ride passed a department inspection and was issued a
  141  permit within the preceding 6 months. Unless the capacity of the
  142  ride has been determined and specified by the manufacturer, the
  143  department shall determine the capacity of the kiddie ride by
  144  rule. An owner or a manager of a kiddie ride operating under
  145  this exemption is responsible for ensuring that not more than
  146  three amusement rides are operated at the event.
  147         (g) The permit must be displayed in an accessible location
  148  on the amusement ride.
  149         (7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS.—
  150         (a) Except as provided in paragraph (d), An owner or
  151  manager may not operate an amusement ride unless the owner or
  152  manager at all times has a current affidavit of nondestructive
  153  testing from a professional engineer or qualified inspector that
  154  the amusement ride has undergone nondestructive testing to
  155  verify the integrity of all components for metal fatigue at
  156  least annually. The nondestructive testing for metal fatigue
  157  must be conducted more often than annually if required by any
  158  rule adopted under this section, by the manufacturer of the
  159  amusement ride, or by the professional engineer or qualified
  160  inspector executing the affidavit of nondestructive testing. The
  161  nondestructive testing for metal fatigue must consist at least
  162  of visual nondestructive testing, as well as nonvisual
  163  nondestructive testing for metal fatigue, which must be
  164  conducted on the components of the amusement ride as required by
  165  any rule adopted under this section, by the manufacturer of the
  166  amusement ride, or by the professional engineer or qualified
  167  inspector executing the affidavit of nondestructive testing.
  168         (b) Nonvisual nondestructive testing must be used to verify
  169  the integrity of components that, due to their design, location,
  170  installation, or a combination thereof, cannot be adequately
  171  evaluated by other means.
  172         (c) Nondestructive testing testings must be performed by a
  173  technician who meets the requirements prescribed by department
  174  rule.
  175         (d)(c) An affidavit of nondestructive testing, on a form
  176  prescribed by department rule, must state, at a minimum, all of
  177  the following:
  178         1. That the amusement ride was inspected in person by the
  179  affiant.
  180         2. That all of the manufacturer’s nondestructive testing
  181  requirements and recommendations are current.
  182         3. That the nondestructive testing was performed by a
  183  qualified nondestructive testing technician.
  184         4. The components of the amusement ride for which the
  185  manufacturer has recommended or required nondestructive testing.
  186         5. The type of nondestructive testing required or
  187  recommended by the manufacturer.
  188         6. The frequency of the nondestructive testing required or
  189  recommended by the manufacturer.
  190         7. The components of the amusement ride for which the
  191  affiant, in addition to the manufacturer’s requirements and
  192  recommendations, has recommended or required nondestructive
  193  testing.
  194         8. The type of nondestructive testing required or
  195  recommended by the affiant in addition to the manufacturer’s
  196  requirements and recommendations. If the affiant does not
  197  require or recommend additional nondestructive testing, the
  198  affiant must affirm that the manufacturer’s requirements are
  199  sufficient for the safe operation of the amusement ride.
  200         9. The frequency of the nondestructive testing as required
  201  or recommended by the affiant.
  202         10. That visual nondestructive testing is adequate for the
  203  amusement ride to be in general conformance with the
  204  requirements of this section and all applicable rules, only if
  205  only visual nondestructive testing is required or recommended by
  206  the manufacturer or the affiant.
  207         11.That the amusement ride is in conformance with the
  208  requirements of this section and all applicable department
  209  rules.
  210         12.Whether the amusement ride has undergone a major
  211  modification and, if so, the name of the manager, owner, or
  212  operator who authorized the modification and the date the
  213  modification took place.
  214         13.That the amusement ride and its components are in
  215  conformance with the service life specified by the manufacturer.
  216         (e)(d)Nonvisual nondestructive testing is not required for
  217  fun houses, houses of mirrors, haunted houses, mazes, wave
  218  pools, wave-making devices, kiddie pools, slides that are fully
  219  supported by an earthen mound, nonmotorized playground equipment
  220  that requires a manager, or lazy-river-type nonmotorized
  221  floating carriers propelled by water.
  222         (8) DEPARTMENT INSPECTIONS.—
  223         (a) In order to obtain an annual or a temporary amusement
  224  ride permit, an amusement ride must be inspected by the
  225  department.
  226         1.A temporary amusement ride is exempt from the required
  227  inspection if it is:
  228         a.Used at a private event;
  229         b.A simulator, the capacity of which does not exceed 16
  230  persons; or
  231         c.A kiddie ride used at a public event, provided that not
  232  more than three amusement rides are at the event, the kiddie
  233  rides at the event do not exceed a capacity of 12 persons, and
  234  the kiddie ride passed a department inspection and was issued a
  235  permit within the preceding 6 months. The capacity of a kiddie
  236  ride shall be determined by department rule, unless the capacity
  237  of the ride has been determined and specified by the
  238  manufacturer. Any owner or manager of a kiddie ride operating
  239  under this exemption is responsible for ensuring that not more
  240  than three amusement rides are operated at the event.
  241         2. The department shall inspect permanent amusement rides 6
  242  months after the issuance of the annual permit. The required
  243  inspection may be waived for a permanent amusement ride if it
  244  was inspected and certified by an accredited trade organization
  245  as defined by department rule.
  246         (11) EXEMPTIONS.—
  247         (b) All of the following are exempt from subsections (5),
  248  (6), (8), and (9), but may be inspected by the department upon
  249  request following a complaint or pursuant to an accident that is
  250  required to be reported under subsection (15), and such
  251  exemption may be removed if the exempted amusement ride is found
  252  to have been operating in a manner or circumstance that presents
  253  a risk or resulted in a serious injury to patrons:
  254         1. Museums or other institutions principally devoted to the
  255  exhibition of products of agriculture, industry, education,
  256  science, religion, or the arts.
  257         2. Conventions or trade shows for the sale or exhibit of
  258  amusement rides if there are a minimum of 15 amusement rides on
  259  display or exhibition and if any operation of such amusement
  260  rides is limited to the registered attendees of the convention
  261  or trade show.
  262         3. Nonmotorized playground equipment that is not required
  263  to have a manager.
  264         4. Coin-actuated amusement rides designed to be operated by
  265  depositing coins, tokens, credit cards, debit cards, bills, or
  266  other cash money and which are not required to have a manager,
  267  and which have a capacity of six persons or less.
  268         5. Facilities described in s. 549.09(1)(a) when such
  269  facilities are operating cars, trucks, or motorcycles only.
  270         6. Battery-powered cars or other vehicles that are designed
  271  to be operated by children 7 years of age or under and that
  272  cannot exceed a speed of 4 miles per hour.
  273         7. Mechanically driven vehicles that pull train cars,
  274  carts, wagons, or other similar vehicles, that are not confined
  275  to a metal track or confined to an area but are steered by an
  276  operator and do not exceed a speed of 4 miles per hour.
  277         8. A water-related amusement ride operated by a business
  278  licensed under chapter 509 if the water-related amusement ride
  279  is an incidental amenity and the operating business is not
  280  primarily engaged in providing amusement, pleasure, thrills, or
  281  excitement and does not offer day rates.
  282         9. An amusement ride at a private, membership-only facility
  283  if the amusement ride is an incidental amenity and the facility
  284  is not open to the general public; is not primarily engaged in
  285  providing amusement, pleasure, thrills, or excitement; and does
  286  not offer day rates.
  287         10. A nonprofit permanent facility registered under chapter
  288  496 which is not open to the general public.
  289         (12) INSPECTION STANDARDS.—An amusement ride must conform
  290  to all of the following standards:
  291         (a) All mechanical, structural, and electrical components
  292  that affect patron safety must be in good working order.
  293         (b) All control devices, speed-limiting devices, brakes,
  294  and safety equipment must be in good working order.
  295         (c) Parts must be properly aligned and may not be bent,
  296  distorted, cut, or otherwise injured to force a fit. Parts
  297  requiring lubrication must be lubricated in the course of
  298  assembly. Fastening and locking devices must be installed when
  299  required for safe operation.
  300         (d) The proper positioning, measurements, and demonstration
  301  of proper patron loading procedures related to patron safety
  302  restraint systems must be provided to the department upon
  303  request.
  304         (e) An amusement ride must be placed or secured with
  305  blocking, cribbing, outriggers, guys, or other means so as to be
  306  stable under all operating conditions.
  307         (f)(e) Areas in which patrons may be endangered by the
  308  operation of an amusement ride must be fenced, barricaded, or
  309  otherwise effectively guarded against inadvertent contact.
  310         (g)(f) Machinery used in or with an amusement ride must be
  311  enclosed, barricaded, or otherwise effectively guarded against
  312  inadvertent contact.
  313         (h)(g) An amusement ride powered so as to be capable of
  314  exceeding its maximum safe operating speed must be provided with
  315  a maximum-speed-limiting device.
  316         (i)(h) The interior and exterior parts of all patron
  317  carrying amusement rides with which a patron may come in contact
  318  must be smooth and rounded and free from sharp, rough, or
  319  splintered edges and corners, and from projecting studs, bolts,
  320  and screws or other projections that might cause injury.
  321         (j)(i) Signs that advise or warn patrons of age
  322  restrictions, size restrictions, health restrictions, weight
  323  limitations, or any other special consideration or use
  324  restrictions, or lack thereof, required or recommended for the
  325  amusement ride by the manufacturer must be prominently displayed
  326  at the patron entrance of each amusement ride. If such rider
  327  restrictions are not provided by the manufacturer, the owner or
  328  manager must provide the department with documentation from the
  329  manufacturer or a licensed professional engineer stating that
  330  such rider restrictions are not necessary for the safe operation
  331  of the amusement ride.
  332         (k)(j) All amusement rides presented for inspection as
  333  ready for operation or in operation must comply with this
  334  section and department rule.
  335         (l)(k) A sign containing the toll-free number of the
  336  department and informing patrons that they may contact the
  337  department with complaints or concerns regarding the safe
  338  operation of amusement rides must be posted in a manner
  339  conspicuous to the public at each entrance of an a temporary
  340  amusement ride facility. The department shall prescribe by rule
  341  specifications for such signs.
  342         (14) ENTRY FOR INSPECTION OR INVESTIGATION.—
  343         (a) Upon presentation of identification, an authorized
  344  employee of the department may enter unannounced and inspect
  345  amusement rides at any time and in a reasonable manner and has
  346  the right to question any owner, operator, or manager; to
  347  inspect, investigate, photograph, and sample all pertinent
  348  places, areas, and devices and review required documentation;
  349  and to conduct or have conducted all appropriate tests,
  350  including nondestructive testing. The department may impose fees
  351  for unannounced inspections and recover the cost of tests
  352  authorized by this subsection.
  353         (b)The department shall prepare a written report of each
  354  investigation it conducts.
  355         (15) REPORTING AND INVESTIGATION OF ACCIDENTS AND DEFECTS;
  356  IMPOUNDMENTS.—
  357         (a) Any accident of which the owner or manager has
  358  knowledge or, through the exercise of reasonable diligence
  359  should have knowledge, and for which a patron seeks treatment at
  360  is transported to a hospital or an urgent care center, as those
  361  terms are defined in chapter 395, must be reported by the owner
  362  or manager to the department by telephone within 4 hours after
  363  the occurrence of the accident or after notification by the
  364  patron and must be followed up by a written report to the
  365  department within 24 hours after the occurrence of the accident
  366  or after notification by the patron.
  367         (c) The department may impound an amusement ride involved
  368  in an accident for which a patron seeks treatment at is
  369  transported to a hospital or an urgent care center as those
  370  terms are defined in chapter 395 or which has a mechanical,
  371  structural, or electrical defect affecting patron safety; may
  372  impound any other amusement ride of a similar make and model or
  373  with similar operating characteristics; and may perform all
  374  necessary tests to determine the cause of the accident or the
  375  mechanical, structural, or electrical defect or to determine the
  376  safety of the amusement ride and any other amusement ride of a
  377  similar make and model or with similar operating
  378  characteristics. The cost of impounding the amusement ride and
  379  performing the necessary tests must be borne by the owner of the
  380  amusement ride.
  381         (16) INSPECTION BY OWNER OR MANAGER.—Before opening on each
  382  day of operation and before any inspection by the department,
  383  the owner or manager of an amusement ride must inspect and test
  384  each amusement ride to ensure compliance with this section. Each
  385  inspection must be recorded at the time of inspection on a form
  386  prescribed by department rule and signed by the person who
  387  conducted the inspection. In lieu of the form prescribed by
  388  department rule, the owner or manager may request approval of an
  389  alternative form that includes, at a minimum, the information
  390  required on the form prescribed by department rule. Inspection
  391  records of the last 14 daily inspections must be kept on site by
  392  the owner or manager and made immediately available to the
  393  department upon request.
  394         (17) TRAINING OF EMPLOYEES.—
  395         (a)The department shall establish by rule minimum training
  396  and retraining standards and the frequency of employee training
  397  for all amusement rides.
  398         (b) The owner or manager of an amusement ride shall
  399  maintain a record of employee training for each employee
  400  authorized to operate, assemble, disassemble, transport, or
  401  conduct maintenance on an amusement ride on a form prescribed by
  402  department rule. In lieu of the form prescribed by department
  403  rule, the owner or manager may request approval of an
  404  alternative form that includes, at a minimum, the information
  405  required on the form prescribed by department rule. The training
  406  record must be kept on site by the owner or manager and made
  407  immediately available to the department upon request. Training
  408  may not be conducted when an amusement ride is open to the
  409  public unless the training is conducted under the supervision of
  410  an employee who is trained in the operation of that ride. The
  411  owner or manager shall immediately document all training
  412  following each training session and certify that each employee
  413  is trained, as required by this section and any rules adopted
  414  thereunder, on the amusement ride for which the employee is
  415  responsible.
  416         (19) IMMEDIATE FINAL ORDERS.—
  417         (a) An amusement ride that fails to meet the requirements
  418  of this section or pass the inspections required by this
  419  section; that is involved in an accident for which a patron
  420  seeks treatment at is transported to a hospital or an urgent
  421  care center as those terms are defined in chapter 395; or that
  422  has a mechanical, structural, or electrical defect that affects
  423  patron safety may be considered an immediate serious danger to
  424  the public health, safety, and welfare and, upon issuance of an
  425  immediate final order prohibiting patron use of the ride, may
  426  not be operated for patron use until it has passed a subsequent
  427  inspection by or at the direction of the department.
  428         (b) An amusement ride of a similar make and model or with
  429  similar operating characteristics to an amusement ride described
  430  in paragraph (a) may be considered an immediate serious danger
  431  to the public health, safety, and welfare and, upon issuance of
  432  an immediate final order prohibiting patron use of the ride, may
  433  not be operated for patron use until it has passed a subsequent
  434  inspection by or at the direction of the department.
  435         Section 3. This act shall take effect July 1, 2023.