Florida 2023 2023 Regular Session

Florida House Bill H1241 Introduced / Bill

Filed 02/28/2023

                       
 
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A bill to be entitled 1 
An act relating to safety standards for amusement 2 
rides; providing a short title; amending s. 616.242, 3 
F.S.; defining and redefining terms; requiring 4 
permanent amusement rides operated for the first time 5 
in this state after a specified date to have a ride 6 
commissioning and certification report on file with 7 
the Department of Agriculture and Consumer Services 8 
within a specified timeframe; revising the application 9 
requirements for permanent and temporary amusement 10 
ride permits; exempting from permit requirements 11 
temporary amusement rides that meet certain 12 
conditions; revising the annual nondestructive testing 13 
requirements for amusement rides; requiring nonvisual 14 
nondestructive testing to be used in certain 15 
circumstances; revising the affidavit requirements for 16 
nondestructive testing; authorizing the department to 17 
conduct unannounced inspections for specified 18 
purposes; requiring the department to remove an 19 
amusement ride from service and take appropriate 20 
administrative actions under certain circumstances; 21 
removing an exemption for temporary amusement ride 22 
inspections; authorizing the department to conduct 23 
certain inspections upon request; revising amusement 24 
ride inspection standards; revising the reasons for 25     
 
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which the department is authorized to enter and 26 
inspect amusement rides; re quiring the department to 27 
prepare a written report of each investigation it 28 
conducts; revising the circumstances under which the 29 
owner or manager of an amusement ride is required to 30 
report an accident and under which the department may 31 
impound an amusement ride involved in an accident; 32 
requiring daily owner or manager amusement ride 33 
inspections to be recorded at the time of inspection; 34 
requiring the department to establish by rule minimum 35 
amusement ride training and retraining standards; 36 
revising training requirements; revising circumstances 37 
under which an amusement ride may be considered an 38 
immediate serious danger to the public ; providing an 39 
effective date. 40 
 41 
 WHEREAS, on March 24, 2022, Tyre Sampson, a 14 -year-old boy 42 
visiting this state from Missouri, fell to his death from the 43 
Eagle Drop Tower in Orlando, and 44 
 WHEREAS, after the accident, Department of Agriculture and 45 
Consumer Services inspectors performed multiple onsite 46 
inspections of the tower and its components and contracted with 47 
a third party to conduct a failure analysis assessment of the 48 
tower, and 49 
 WHEREAS, the investigators concluded that changes made to 50     
 
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the ride by the ride operators after initial installation 51 
contributed to Tyre Sampson's death, and 52 
 WHEREAS, the proposed changes made by th is act are 53 
necessary to address the safety problems discovered during the 54 
department's investigation, NOW, THEREFORE, 55 
 56 
Be It Enacted by the Legislature of the State of Florida: 57 
 58 
 Section 1.  This act may be cited as the "Tyre Sampson 59 
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 75     
 
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structural characteristics, or operational characteristics , or 76 
safety systems of an amusement ride which will alter its 77 
performance or settings from those that specified in the 78 
manufacturer's design criteria or operator's manual or as 79 
certified in the ride 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     
 
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 b.2. The National Electric Code Handbook. 101 
 c.3. National Fire Protection Association standards. 102 
 2.  Require that each permanent amusement ride operated f or 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 110 
must 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, 116 
model number, and, if previously assigned, the United States 117 
Amusement 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 121 
of 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     
 
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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 r ide 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, 145 
model number, and, if previously assigned, the United States 146 
Amusement 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     
 
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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 accide nts 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     
 
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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 testi ng 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 affid avit of nondestructive testing. 198 
 (b)  Nonvisual nondestructive testing must be used to 199 
verify the integrity of components that, due to their design, 200     
 
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location, installation, or a combination thereof, cannot be 201 
adequately 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 non destructive 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     
 
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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 ma nufacturer'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 249 
for fun houses, houses of mirrors, haunted houses, mazes, wave 250     
 
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pools, wave-making devices, kiddie pools, slides that are fully 251 
supported by an earthen mound, nonmotorized playground equipment 252 
that requires a mana ger, 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 orde r 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 admini strative 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     
 
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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 283 
6 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 ac credited 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 accid ent 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 296 
the 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 amu sement rides on 300     
 
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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 306 
by depositing coins, tokens, credit cards, debit cards, bills, 307 
or other cash money and which are not required to have a 308 
manager, 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 312 
designed to be operated by children 7 years of age or under and 313 
that 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 rid e 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 324 
facility if the amusement ride is an incidental amenity and the 325     
 
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facility is not open to the general public; is not primarily 326 
engaged in providing amusement, pleasure, thrills, or 327 
excitement; and does not off er day rates. 328 
 10.  A nonprofit permanent facility registered under 329 
chapter 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 el ectrical 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 patro n 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     
 
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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 t he 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 p rojections 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     
 
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restrictions are not provided by the manufacturer, the owner or 376 
manager must provide the department with documentation fr om 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 c omply 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 po sted 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 identific ation, 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 pert inent 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     
 
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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     
 
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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 430 
each day of operation and before any inspection by the 431 
department, the owner or manager of an amusement ride must 432 
inspect and test each amusement ride to ensure compliance with 433 
this section. Each inspection must be recorded at the time of 434 
inspection on a form prescribed by department rule and signed by 435 
the person who conducted the inspection. In lieu of the form 436 
prescribed by department rule, the owner or manager may request 437 
approval of an alternative form that includes, at a minimum, the 438 
information required on the form prescribed by department rule. 439 
Inspection records of the last 14 daily in spections must be kept 440 
on site by the owner or manager and made immediately available 441 
to the department upon request. 442 
 (17)  TRAINING OF EMPLOYEES. — 443 
 (a)  The department shall establish by rule minimum 444 
training and retraining standards and the frequency of employee 445 
training 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     
 
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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. Th e 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 fo r 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 seriou s 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     
 
HB 1241  	2023 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb1241-00 
Page 20 of 20 
F L O R I D A H O U S E O F R E P R E S E N T A T	I V E S 
 
 
 
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. 484