Florida 2023 Regular Session

Florida House Bill H1241 Compare Versions

Version 1 (Old)

Version 2 (New)

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10	10		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
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12	12
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14	14		A bill to be entitled 1
15	15		An act relating to safety standards for amusement 2
16	16		rides; providing a short title; amending s. 616.242, 3
17	17		F.S.; defining and redefining terms; requiring 4
18	18		permanent amusement rides operated for the first time 5
19	19		in this state after a specified date to have a ride 6
20	20		commissioning and certification report on file with 7
21	21		the Department of Agriculture and Consumer Services 8
22	22		within a specified timeframe; revising the application 9
23	23		requirements for permanent and temporary amusement 10
24	24		ride permits; exempting from permit requirements 11
25	25		temporary amusement rides that meet certain 12
26	26		conditions; revising the annual nondestructive testing 13
27	27		requirements for amusement rides; requiring nonvisual 14
28	28		nondestructive testing to be used in certain 15
29	29		circumstances; revising the affidavit requirements for 16
30	30		nondestructive testing; requiring the department to 17
31	31		remove an amusement ride from service and take 18
32	32		appropriate administrative actions under certain 19
33	33		circumstances; removing an inspection exemption for 20
34	34		temporary amusement rides; authorizing the department 21
35	35		to conduct certain in spections upon request; revising 22
36	36		amusement ride inspection standards; revising the 23
37	37		reasons for which the department is authorized to 24
38	38		enter and inspect amusement rides; requiring the 25
39	39
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47	47		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
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49	49
50	50
51	51		department to prepare a written report of each 26
52	52		investigation it conducts; revising the circumstances 27
53	53		under which the owner or manager of an amusement ride 28
54	54		is required to report an accident and under which the 29
55	55		department may impound an amusement ride involved in 30
56	56		an accident; requiring daily owner or manager 31
57	57		amusement ride inspect ions to be recorded at the time 32
58	58		of inspection; requiring the department to establish 33
59	59		by rule minimum amusement ride training and retraining 34
60	60		standards; revising training requirements; revising 35
61	61		circumstances under which an amusement ride may be 36
62	62		considered an immediate serious danger to the public ; 37
63	63		providing an effective date. 38
64	64		39
65	65		WHEREAS, on March 24, 2022, Tyre Sampson, a 14 -year-old boy 40
66	66		visiting this state from Missouri, fell to his death from the 41
67	67		Eagle Drop Tower in Orlando, and 42
68	68		WHEREAS, after the accid ent, Department of Agriculture and 43
69	69		Consumer Services inspectors performed multiple onsite 44
70	70		inspections of the tower and its components and contracted with 45
71	71		a third party to conduct a failure analysis assessment of the 46
72	72		tower, and 47
73	73		WHEREAS, the investigators c oncluded that changes made to 48
74	74		the ride by the ride operators after initial installation 49
75	75		contributed to Tyre Sampson's death, and 50
76	76
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84	84		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
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88	88		WHEREAS, the proposed changes made by this act are 51
89	89		necessary to address the safety problems discovered during the 52
90	90		department's investigation, NOW, THEREFORE, 53
91	91		54
92	92		Be It Enacted by the Legislature of the State of Florida: 55
93	93		56
94	94		Section 1. This act may be cited as the "Tyre Sampson 57
95	95		Act." 58
96	96		Section 2. Paragraphs (r) through (u) of subsection (3) of 59
97	97		section 616.242, Florida Statutes, are redesignated as 60
98	98		paragraphs (s) through (v), respectively, paragraph (h) of 61
99	99		subsection (3), paragraph (b) of subsection (5), paragraph (b) 62
100	100		and present paragraph (f) of subsection (6), subsection (7), 63
101	101		paragraph (a) of subsection (8), paragraph (b) of sub section 64
102	102		(11), subsections (12) and (14), paragraphs (a) and (c) of 65
103	103		subsection (15), and subsections (16), (17), and (19) of that 66
104	104		section are amended, and a new paragraph (r) is added to 67
105	105		subsection (3) and a new paragraph (f) is added to subsection 68
106	106		(6) of that section, to read: 69
107	107		616.242 Safety standards for amusement rides. — 70
108	108		(3) DEFINITIONS.—As used in this section, the term: 71
109	109		(h) "Major modification" means any change in the 72
110	110		structural characteristics, or operational characteristics , or 73
111	111		safety systems of an amusement ride which will alter its 74
112	112		performance or settings from those that specified in the 75
113	113
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121	121		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
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125	125		manufacturer's design criteria or operator's manual . 76
126	126		(r) "Ride commissioning and certification report" means a 77
127	127		commissioning and certification report by the ride manufacturer 78
128	128		which certifies that the ride has been designed and manufactured 79
129	129		in conformance with the manufacturer's design criteria, 80
130	130		standards referenced in this section, and rules adopted by the 81
131	131		department. 82
132	132		(5) PERMANENT AMUSEMENT RIDE ANNUAL PERM IT.— 83
133	133		(b) To apply for an annual permit, an owner or manager 84
134	134		must submit to the department a written application on a form 85
135	135		prescribed by department rule, which must include all of the 86
136	136		following: 87
137	137		1. The legal name, address, e-mail address, and primary 88
138	138		place of business of the owner or manager , as applicable. 89
139	139		2. A description, manufacturer's name, serial number, 90
140	140		model number, and, if previously assigned, the United States 91
141	141		Amusement Identification Number of the amusement ride. 92
142	142		3. A valid certificate of insurance for each amusement 93
143	143		ride. 94
144	144		4. If required under subsection (7), An annual affidavit 95
145	145		of compliance and nondestructive testing certifying that the 96
146	146		amusement ride was inspected in person by the affiant and that 97
147	147		the amusement ride is i n general conformance with the 98
148	148		requirements of this section and all applicable department 99
149	149		rules. The affidavit must have been executed by a professional 100
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158	158		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
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162	162		engineer or a qualified inspector within the last calendar year. 101
163	163		5. The owner or manager shall, At no cost to the 102
164	164		department, provide the department an electronic copy of the 103
165	165		manufacturer's current recommended operating instructions, the 104
166	166		owner's operating fact sheet, and any written bulletins 105
167	167		concerning the safety, operation, or maintenance of the 106
168	168		amusement ride. 107
169	169		6. Beginning July 1, 2023, a ride commissioning and 108
170	170		certification report for each permanent amusement ride operated 109
171	171		for the first time in this state after July 1, 2023. 110
172	172		(6) TEMPORARY AMUSEMENT RIDE PERMIT. — 111
173	173		(b) To apply for a permit, a n owner or manager must submit 112
174	174		to the department a written application on a form prescribed by 113
175	175		department rule. The written application , which must include all 114
176	176		of the following: 115
177	177		1. The legal name, address, e-mail address, and primary 116
178	178		place of business of the owner or manager , as applicable. 117
179	179		2. A description, manufacturer's name, serial number, 118
180	180		model number, and, if previously assigned, the United States 119
181	181		Amusement Identification Number of the amusement ride. 120
182	182		3. A valid certificate of insurance for each amusement 121
183	183		ride. 122
184	184		4. If required under subsection (7), An affidavit of 123
185	185		compliance and nondestructive testing certifying that the 124
186	186		amusement ride was inspected in person by the affiant and that 125
187	187
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195	195		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
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199	199		the amusement ride is in general conformance with the 126
200	200		requirements of this section and all applicable department 127
201	201		rules. The affidavit must be executed by a professional engineer 128
202	202		or a qualified inspector. 129
203	203		5. The owner or manager shall, At no cost to the 130
204	204		department, provide the department an electronic copy of the 131
205	205		manufacturer's current recommended operating instructions, the 132
206	206		operating fact sheet, and any written bulletins concerning the 133
207	207		safety, operation, or maintenance of the amusement ride. 134
208	208		(f) A temporary amusement ride is exempt from the required 135
209	209		permit if it is: 136
210	210		1. Used at a private event and was issued a permit within 137
211	211		the preceding 6 months; or 138
212	212		2. A kiddie ride used at a public event, provided that not 139
213	213		more than three amusement rides are at the event, the kiddie 140
214	214		rides at the event do not exceed a capacity o f 12 persons, and 141
215	215		the kiddie ride passed a department inspection and was issued a 142
216	216		permit within the preceding 6 months. Unless the capacity of the 143
217	217		ride has been determined and specified by the manufacturer, the 144
218	218		department shall determine the capacity of th e kiddie ride by 145
219	219		rule. An owner or a manager of a kiddie ride operating under 146
220	220		this exemption is responsible for ensuring that not more than 147
221	221		three amusement rides are operated at the event. 148
222	222		(g)(f) The permit must be displayed in an accessible 149
223	223		location on the amusement ride. 150
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232	232		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
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236	236		(7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS. — 151
237	237		(a) Except as provided in paragraph (d), An owner or 152
238	238		manager may not operate an amusement ride unless the owner or 153
239	239		manager at all times has a current affidavit of nondestruc tive 154
240	240		testing from a professional engineer or qualified inspector that 155
241	241		the amusement ride has undergone nondestructive testing to 156
242		-	verify the integrity of all components ~~that are recommended or~~ 157
243		-	~~specified by~~ the ~~manufacturer~~ for metal fatigue ~~at least~~ 158
244		-	~~annually. The nondestructive testing for metal fatigue~~ must be 159
245		-	~~conducted more often than annually if required~~ by ~~any rule~~ 160
246		-	~~adopted under this section,~~ by the ~~manufacturer of the amusement~~ 161
247		-	~~ride, or by~~ the ~~professional engineer or qualified inspector~~ 162
248		-	~~executing the affidavit of~~ nondestructive testing~~. The~~ 163
249		-	nondestructive testing ~~for metal fatigue must consist at least~~ 164
250		-	~~of visual~~ nondestructive testing, ~~as well as nonvisual~~ 165
251		-	~~nondestructive testing for metal fatigue,~~ ~~which must be~~ 166
252		-	~~conducted on~~ the ~~components~~ of the ~~amuseme nt ride as required by~~ 167
253		-	~~any rule adopted under this section,~~ by the ~~manufacturer of the~~ 168
254		-	~~amusement ride, or by~~ the ~~professional engineer or qualified~~ 169
255		-	~~inspector executing the affidavit of~~ nondestructive testing. 170
256		-	~~(b) When specified by~~ the ~~manufacturer~~, ~~nonvi sual~~ 171
257		-	~~nondestructive testing must~~ be ~~used to verify the integrity of~~ 172
258		-	~~components that,~~ ~~due to their design, location, installation, or~~ 173
259		-	~~a combination thereof,~~ ~~cannot~~ be ~~adequately evaluated by other~~ 174
260		-	~~means.~~ 175
	242	+	verify the integrity of all components for metal fatigue at 157
	243	+	least annually. The nondestructive testing for metal fatigue 158
	244	+	must be conducted more often than annually if required by any 159
	245	+	rule adopted under this section, by the manufacturer of the 160
	246	+	amusement ride, or by the professional engineer or qualified 161
	247	+	inspector executing the affidavit of nondestructive testing. The 162
	248	+	nondestructive testing for metal fatigue must consist at least 163
	249	+	of visual nondestructive testing, as well as nonvisual 164
	250	+	nondestructive testing for metal fatigue, which must be 165
	251	+	conducted on the components of the amusement ride as required by 166
	252	+	any rule adopted under this sec tion, by the manufacturer of the 167
	253	+	amusement ride, or by the professional engineer or qualified 168
	254	+	inspector executing the affidavit of nondestructive testing. 169
	255	+	(b) Nonvisual nondestructive testing must be used to 170
	256	+	verify the integrity of components that, due t o their design, 171
	257	+	location, installation, or a combination thereof, cannot be 172
	258	+	adequately evaluated by other means. 173
	259	+	(c)(b) Nondestructive testing testings must be performed 174
	260	+	by a technician who meets the requirements prescribed by 175
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273		-	~~(c)(b) Nondestructive testing testings must be performed~~ 176
274		-	by a ~~technician who meets the requirements prescribed by~~ 177
275		-	department rule. 178
276		-	~~(d)(c) An affidavit of nondestructive testing , on a form~~ 179
277		-	~~prescribed~~ by ~~department rule, must state, at a minimum, all of~~ 180
278		-	~~the following:~~ 181
279		-	1. That ~~the amusement ride was inspected in person by~~ the 182
280		-	~~affiant~~. 183
281		-	2. That ~~all of~~ the ~~manufacturer's~~ nondestructive testing 184
282		-	~~requirements and recommendations are current~~. 185
283		-	3. ~~That~~ the ~~nondestructive testing was performed by a~~ 186
284		-	~~qualified~~ nondestructive testing ~~technician~~. 187
285		-	4. The ~~components~~ of ~~the amusement ride for which the~~ 188
286		-	~~manufacturer has~~ recommended ~~or required nondestructive testing~~. 189
287		-	5. The ~~type~~ of nondestructive testing required or 190
	273	+	department rule. 176
	274	+	(d)(c) An affidavit of nondestructive testing , on a form 177
	275	+	prescribed by department rule, must state, at a minimum, all of 178
	276	+	the following: 179
	277	+	1. That the amusement ride was inspected in person by the 180
	278	+	affiant. 181
	279	+	2. That all of the manufacturer's nondestructive testing 182
	280	+	requirements and recommendations are current. 183
	281	+	3. That the nondestructive testing was performed by a 184
	282	+	qualified nondestructive testing technician. 185
	283	+	4. The components of the amusement ride for which the 186
	284	+	manufacturer has recommended or required nondestructive testing. 187
	285	+	5. The type of nondestructive testing required or 188
	286	+	recommended by the manufacturer. 189
	287	+	6. The frequency of the nondestructive testing required or 190
288	288		recommended by the manufacturer. 191
289		-	6. The ~~frequency~~ of the ~~nondestructive testing required or~~ 192
290		-	~~recommended by~~ the manufacturer. 193
291		-	7. ~~The components of the amusement ride for which the~~ 194
292		-	~~affiant, in addition to the manufacturer's requirements and~~ 195
293		-	~~recommendations, has recommended~~ or ~~required nondestructive~~ 196
294		-	~~testing.~~ 197
295		-	8. The ~~type of nondestructive testin g required or~~ 198
296		-	~~recommended by~~ the ~~affiant in addition to the manufacturer's~~ 199
297		-	~~requirements and recommendations.~~ If the ~~affiant does not~~ 200
	289	+	7. The components of the amusement ride for which the 192
	290	+	affiant, in addition to the manufacturer's requirements and 193
	291	+	recommendations, has recommended or required nondestructive 194
	292	+	testing. 195
	293	+	8. The type of nondestructive testing required or 196
	294	+	recommended by the affiant in addition to the manufacturer's 197
	295	+	requirements and recommendations. If the affiant does not 198
	296	+	require or recommend additional nondestructive testing, the 199
	297	+	affiant must affirm that the manufacturer's requirements are 200
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310		-	~~require or recommend additional nondestructive testing,~~ the 201
311		-	~~affiant must affirm that~~ the ~~manufacturer's requirements are~~ 202
312		-	~~sufficient for~~ the ~~safe operation of the amusement ride~~ . 203
313		-	9. ~~The frequency of the~~ nondestructive testing ~~as required~~ 204
314		-	~~or recommended by~~ the ~~affiant.~~ 205
315		-	~~10.~~ ~~That visual nondestructive testing is adequate for the~~ 206
316		-	~~amusement ride to be in general conformance with the~~ 207
317		-	~~requirements of this section and all applicable rules, only if~~ 208
318		-	~~only visual nondestructive testing~~ is ~~required or recommended by~~ 209
319		-	~~the manufacturer or the affiant.~~ 210
320		-	11. ~~That the amusement ride is in conformance with the~~ 211
321		-	~~requirements of this section and all applicable department~~ 212
322		-	~~rules.~~ 213
323		-	~~12.~~ ~~Whether~~ the ~~amusement ride has undergone a major~~ 214
324		-	modification ~~and, if so, the name of the manager, owner, or~~ 215
325		-	~~operator who authorized~~ the ~~modification~~ and ~~the date the~~ 216
326		-	~~modification took place~~. 217
327		-	~~13. That the amusement ride and its components are in~~ 218
328		-	~~conformance with the service life if the manufacturer has~~ 219
329		-	~~provided a service life for such ride and its components.~~ 220
330		-	~~(e)(d) Nonvisual nondestructive testing is not required~~ 221
331		-	~~for fun houses~~, ~~houses of mirrors,~~ ~~haunted houses, mazes, wave~~ 222
332		-	~~pools, wave-making~~ ~~devices, kiddie pools, slides that are fully~~ 223
333		-	~~supported by an earthen mound,~~ ~~nonmotorized playground equipment~~ 224
334		-	~~that requires~~ a ~~manager, or lazy -river-type nonmotorized~~ 225
	310	+	sufficient for the safe operation of the amusement ride . 201
	311	+	9. The frequency of the nondestructive testing as required 202
	312	+	or recommended by the affiant. 203
	313	+	10. That visual nondestructive testing is adequate for the 204
	314	+	amusement ride to be in general conformance with the 205
	315	+	requirements of this section and all applicable rules, only if 206
	316	+	only visual nondestructive testing is required or recommended by 207
	317	+	the manufacturer or the affiant. 208
	318	+	11. That the amusement ride is in conformance with the 209
	319	+	requirements of this section and all applicable department 210
	320	+	rules. 211
	321	+	12. Whether the amusement ride has unde rgone a major 212
	322	+	modification and, if so, the name of the manager, owner, or 213
	323	+	operator who authorized the modification and the date the 214
	324	+	modification took place. 215
	325	+	13. That the amusement ride and its components are in 216
	326	+	conformance with the service life specified by the manufacturer. 217
	327	+	(e)(d) Nonvisual nondestructive testing is not required 218
	328	+	for fun houses, houses of mirrors, haunted houses, mazes, wave 219
	329	+	pools, wave-making devices, kiddie pools, slides that are fully 220
	330	+	supported by an earthen mound, nonmotorized playg round equipment 221
	331	+	that requires a manager, or lazy -river-type nonmotorized 222
	332	+	floating carriers propelled by water. 223
	333	+	(8) DEPARTMENT INSPECTIONS. — 224
	334	+	(a) In order to obtain an annual or a temporary amusement 225
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347		-	~~floating carriers propelled~~ by ~~water.~~ 226
348		-	~~(8)~~ DEPARTMENT ~~INSPECTIONS~~.— 227
349		-	~~(a) In order to obtain an annual or~~ a temporary amusement 228
350		-	~~ride permit,~~ ~~an amusement ride must be inspected by the~~ 229
351		-	~~department~~. 230
352		-	1. A ~~temporary amusement ride is exempt from~~ the ~~required~~ 231
353		-	~~inspection if it is:~~ 232
354		-	a. Used at a ~~private~~ event; 233
355		-	b. ~~A simulator~~, the ~~capacity of which does not exceed 16~~ 234
356		-	persons~~; or~~ 235
357		-	~~c. A~~ kiddie ride ~~used at~~ a ~~public event,~~ ~~provided that not~~ 236
358		-	~~more than three amusement rides are at~~ the ~~event,~~ the kiddie 237
359		-	~~rides at~~ the ~~event do not exceed a~~ capacity ~~of 12 persons, and~~ 238
360		-	the ~~kiddie~~ ride ~~passed a department inspection~~ and ~~was issued a~~ 239
361		-	~~permit within the preceding 6 months~~. ~~The capacity~~ of a kiddie 240
362		-	~~ride shall be determined by department rule,~~ ~~unless the capacity~~ 241
363		-	of the ~~ride has been determined and specified by the~~ 242
364		-	~~manufacturer~~. ~~Any owner or manager of a kiddie ride operating~~ 243
365		-	~~under this exemption is responsible for ensuring that not more~~ 244
366		-	~~than three~~ amusement ~~rides are operated at the event .~~ 245
367		-	2. ~~The department shall inspect permanent amusement rides~~ 246
368		-	~~6 months after the issuance of the annual permit~~. ~~The required~~ 247
369		-	~~inspection may be waived for a permanent amusement ride if it~~ 248
370		-	~~was inspected and certified by an accredited trade organization~~ 249
371		-	~~as defined~~ by department ~~rule.~~ 250
	347	+	ride permit, an amusement ride must be inspected by th e 226
	348	+	department. 227
	349	+	1. A temporary amusement ride is exempt from the required 228
	350	+	inspection if it is: 229
	351	+	a. Used at a private event; 230
	352	+	b. A simulator, the capacity of which does not exceed 16 231
	353	+	persons; or 232
	354	+	c. A kiddie ride used at a public event, provided that not 233
	355	+	more than three amusement rides are at the event, the kiddie 234
	356	+	rides at the event do not exceed a capacity of 12 persons, and 235
	357	+	the kiddie ride passed a department inspection and was issued a 236
	358	+	permit within the preceding 6 months. The capacity of a kiddie 237
	359	+	ride shall be determined by department rule, unless the capacity 238
	360	+	of the ride has been determined and specified by the 239
	361	+	manufacturer. Any owner or manager of a kiddie ride operating 240
	362	+	under this exemption is responsible for ensuring that not more 241
	363	+	than three amusement rides are operated at the event . 242
	364	+	2. The department shall inspect permanent amusement rides 243
	365	+	6 months after the issuance of the annual permit. The required 244
	366	+	inspection may be waived for a permanent amusement ride if it 245
	367	+	was inspected and certified by an accredited trade organization 246
	368	+	as defined by department rule. 247
	369	+	(11) EXEMPTIONS.— 248
	370	+	(b) All of the following are exempt from subsections (5), 249
	371	+	(6), (8), and (9), but may be inspected by the department upon 250
372	372
373		-	~~CS/~~CS/HB 1241 2023
	373	+	CS/HB 1241 2023
374	374
375	375
376	376
377	377		CODING: Words stricken are deletions; words underlined are additions.
378		-	hb1241-~~02-c2~~
	378	+	hb1241-01-c1
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380	380		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
381	381
382	382
383	383
384		-	~~(11) EXEMPTIONS.—~~ 251
385		-	(~~b) All of the following are exempt from subsect ions (5~~), 252
386		-	~~(6), (8), and (9), but~~ may be ~~inspected by~~ the ~~department upon~~ 253
387		-	~~request, following~~ a ~~complaint~~ or ~~pursuant to an accident~~ that 254
388		-	~~is required~~ to ~~be reported under subsection (15), and such~~ 255
389		-	~~exemption may be removed if the exempted amusement ride is found~~ 256
390		-	~~to have been operating in a manner or circumstance that presents~~ 257
391		-	~~a risk~~ or ~~resulted in a serious injury to patrons:~~ 258
392		-	1. ~~Museums~~ or ~~other institutions principally devoted to~~ 259
393		-	~~the exhibition~~ of ~~products of agriculture,~~ ~~industry, education,~~ 260
394		-	~~science, religion,~~ or ~~the arts.~~ 261
395		-	2. ~~Conventions or trade shows for~~ the ~~sale or exhibit~~ of 262
396		-	~~amusement rides if there are a minimum of 15 amusement rides on~~ 263
397		-	~~display or exhibition and if any operation of such amusement~~ 264
398		-	~~rides is limited~~ to ~~the registered attendees of the convention~~ 265
399		-	~~or trade show.~~ 266
400		-	3. ~~Nonmotorized playground equipment that is not requir ed~~ 267
401		-	to have a ~~manager.~~ 268
402		-	4. ~~Coin-actuated amusement rides designed to be operated~~ 269
403		-	~~by depositing coins,~~ ~~tokens, credit cards,~~ ~~debit cards,~~ ~~bills,~~ 270
404		-	~~or other cash money and which~~ are ~~not required to have a~~ 271
405		-	~~manager, and which have a capacity of six persons~~ or ~~le ss.~~ 272
406		-	5. ~~Facilities described in s.~~ ~~549.09(1)(a) when such~~ 273
407		-	~~facilities are operating cars,~~ ~~trucks, or motorcycles only~~. 274
408		-	6. ~~Battery-powered cars or other~~ vehicles that ~~are~~ 275
	384	+	request, following a complaint or pursuant to an accident that 251
	385	+	is required to be reported under subsection (15), and such 252
	386	+	exemption may be removed if the exempted amusement ride is found 253
	387	+	to have been operating in a manner or circumstance that presents 254
	388	+	a risk or resulted in a serious injury to patrons: 255
	389	+	1. Museums or other institutions principally devoted to 256
	390	+	the exhibition of products of agriculture, industry, education, 257
	391	+	science, religion, or the arts. 258
	392	+	2. Conventions or trade shows for the sale or exhibit of 259
	393	+	amusement rides if there are a minimum of 15 amusement rides on 260
	394	+	display or exhibition and if any operation of such amusement 261
	395	+	rides is limited to the registered attendees of the convention 262
	396	+	or trade show. 263
	397	+	3. Nonmotorized playground equipment that is not requir ed 264
	398	+	to have a manager. 265
	399	+	4. Coin-actuated amusement rides designed to be operated 266
	400	+	by depositing coins, tokens, credit cards, debit cards, bills, 267
	401	+	or other cash money and which are not required to have a 268
	402	+	manager, and which have a capacity of six persons or le ss. 269
	403	+	5. Facilities described in s. 549.09(1)(a) when such 270
	404	+	facilities are operating cars, trucks, or motorcycles only. 271
	405	+	6. Battery-powered cars or other vehicles that are 272
	406	+	designed to be operated by children 7 years of age or under and 273
	407	+	that cannot exceed a speed of 4 miles per hour. 274
	408	+	7. Mechanically driven vehicles that pull train cars, 275
409	409
410		-	~~CS/~~CS/HB 1241 2023
	410	+	CS/HB 1241 2023
411	411
412	412
413	413
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415		-	hb1241-~~02-c2~~
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417	417		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
418	418
419	419
420	420
421		-	~~designed to be operated by children 7 years of age~~ or ~~under and~~ 276
422		-	~~that cannot exceed~~ a ~~speed of 4 miles per hour.~~ 277
423		-	7. ~~Mechanically driven vehicles that pull train cars,~~ 278
424		-	~~carts, wagons,~~ ~~or other similar vehicles,~~ ~~that are not confined~~ 279
425		-	~~to a metal track or confined to an area but are steered by an~~ 280
426		-	~~operator~~ and do not ~~exceed a speed of 4 miles per hour.~~ 281
427		-	8. ~~A water-related~~ amusement ~~ride operated by a business~~ 282
428		-	~~licensed under chapter 509 if the water -related amusement ride~~ 283
429		-	is an ~~incidental amenity and the operating business is not~~ 284
430		-	~~primarily engaged in providing~~ amusement~~, pleasure,~~ ~~thrills, or~~ 285
431		-	~~excitement and does~~ not ~~offer day rates.~~ 286
432		-	9. An amusement ~~ride at a private~~, ~~membership -only~~ 287
433		-	~~facility if the amusement ride is an incidental amenity~~ and ~~the~~ 288
434		-	facility ~~is not open to the general public; is not primarily~~ 289
435		-	~~engaged in providing amusement,~~ ~~pleasu re,~~ ~~thrills, or~~ 290
436		-	~~excitement; and does not offer day rates.~~ 291
437		-	~~10.~~ ~~A nonprofit permanent facility registered under~~ 292
438		-	~~chapter 496 which is not open to the general public.~~ 293
439		-	~~(12) INSPECTION STANDARDS. —An amusement ride~~ must ~~conform~~ 294
440		-	to all ~~of the following standards:~~ 295
441		-	~~(a) All mechanical, structural,~~ and ~~electrical components~~ 296
442		-	~~that affect patron safety~~ must be ~~in good working order.~~ 297
443		-	~~(b) All control devices~~, ~~speed -limiting devices~~, ~~brakes,~~ 298
444		-	~~and safety equipment~~ must be in ~~good working order.~~ 299
445		-	~~(c) Parts~~ must be ~~properly aligned and may not be bent,~~ 300
	421	+	carts, wagons, or other similar vehicles, that are not confined 276
	422	+	to a metal track or confined to an area but are steered by an 277
	423	+	operator and do not exceed a speed of 4 miles per hour. 278
	424	+	8. A water-related amusement ride operated by a business 279
	425	+	licensed under chapter 509 if the water -related amusement ride 280
	426	+	is an incidental amenity and the operating business is not 281
	427	+	primarily engaged in providing amusement, pleasure, thrills, or 282
	428	+	excitement and does not offer day rates. 283
	429	+	9. An amusement ride at a private, membership -only 284
	430	+	facility if the amusement ride is an incidental amenity and the 285
	431	+	facility is not open to the general public; is not primarily 286
	432	+	engaged in providing amusement, pleasu re, thrills, or 287
	433	+	excitement; and does not offer day rates. 288
	434	+	10. A nonprofit permanent facility registered under 289
	435	+	chapter 496 which is not open to the general public. 290
	436	+	(12) INSPECTION STANDARDS. —An amusement ride must conform 291
	437	+	to all of the following standards: 292
	438	+	(a) All mechanical, structural, and electrical components 293
	439	+	that affect patron safety must be in good working order. 294
	440	+	(b) All control devices, speed -limiting devices, brakes, 295
	441	+	and safety equipment must be in good working order. 296
	442	+	(c) Parts must be properly aligned and may not be bent, 297
	443	+	distorted, cut, or otherwise injured to force a fit. Parts 298
	444	+	requiring lubrication must be lubricated in the course of 299
	445	+	assembly. Fastening and locking devices must be installed when 300
446	446
447		-	~~CS/~~CS/HB 1241 2023
	447	+	CS/HB 1241 2023
448	448
449	449
450	450
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454	454		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
455	455
456	456
457	457
458		-	~~distorted, cut,~~ ~~or otherwise injured to force a fit~~. ~~Parts~~ 301
459		-	~~requiring lubrication must be lubricated in~~ the ~~course of~~ 302
460		-	~~assembly. Fastening and locking devices must be installed when~~ 303
461		-	~~required for safe op eration.~~ 304
462		-	~~(d) The proper positioning, measurements, and~~ 305
463		-	~~demonstration of proper patron loading procedures related to~~ 306
464		-	~~patron safety restraint systems must~~ be ~~provided to the~~ 307
465		-	~~department upon request if provided by the manufacturer~~. 308
466		-	(e)~~(d) An amusement ride must~~ be ~~placed or secured with~~ 309
467		-	~~blocking~~, ~~cribbing, outriggers, guys~~, or ~~other means so as to be~~ 310
468		-	~~stable under all operating conditions~~. 311
469		-	(f)~~(e) Areas~~ in ~~which patrons may~~ be ~~endangered by the~~ 312
470		-	~~operation of an amusement ride must be fenced~~, barricaded, or 313
471		-	~~otherwise effectively guarded against~~ inadvertent contact. 314
472		-	(g)~~(f) Machinery used in or with~~ an amusement ride ~~must~~ be 315
473		-	~~enclosed, barricaded,~~ ~~or otherwise effectively guarded against~~ 316
474		-	~~inadvertent contact~~. 317
475		-	(h)~~(g) An amusement ride powered so as to be capable~~ of 318
476		-	~~exceeding its maximum safe operating speed must be provided~~ with 319
477		-	~~a maximum-speed-limiting device.~~ 320
478		-	~~(i)(h) The interior~~ and ~~exterior parts of all patron -~~321
479		-	~~carrying amusement rides with which a patron may come in contact~~ 322
480		-	~~must be smooth and rounded and f ree from sharp, rough,~~ or 323
481		-	~~splintered edges and corners~~, ~~and from projecting studs~~, ~~bolts~~, 324
482		-	~~and screws~~ or other ~~projections that might cause injury.~~ 325
	458	+	required for safe op eration. 301
	459	+	(d) The proper positioning, measurements, and 302
	460	+	demonstration of proper patron loading procedures related to 303
	461	+	patron safety restraint systems must be provided to the 304
	462	+	department upon request. 305
	463	+	(e)(d) An amusement ride must be placed or secured with 306
	464	+	blocking, cribbing, outriggers, guys, or other means so as to be 307
	465	+	stable under all operating conditions. 308
	466	+	(f)(e) Areas in which patrons may be endangered by the 309
	467	+	operation of an amusement ride must be fenced, barricaded, or 310
	468	+	otherwise effectively guarded ag ainst inadvertent contact. 311
	469	+	(g)(f) Machinery used in or with an amusement ride must be 312
	470	+	enclosed, barricaded, or otherwise effectively guarded against 313
	471	+	inadvertent contact. 314
	472	+	(h)(g) An amusement ride powered so as to be capable of 315
	473	+	exceeding its maximum safe operating speed must be provided with 316
	474	+	a maximum-speed-limiting device. 317
	475	+	(i)(h) The interior and exterior parts of all patron -318
	476	+	carrying amusement rides with which a patron may come in contact 319
	477	+	must be smooth and rounded and free from sharp, rough, or 320
	478	+	splintered edges and corners, and from projecting studs, bolts, 321
	479	+	and screws or other projections that might cause injury. 322
	480	+	(j)(i) Signs that advise or warn patrons of age 323
	481	+	restrictions, size restrictions, health restrictions, weight 324
	482	+	limitations, or any other spec ial consideration or use 325
483	483
484		-	~~CS/~~CS/HB 1241 2023
	484	+	CS/HB 1241 2023
485	485
486	486
487	487
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491	491		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
492	492
493	493
494	494
495		-	~~(j)(i) Signs that advise~~ or ~~warn patrons of age~~ 326
496		-	~~restrictions, size restrictions,~~ ~~health restrictions,~~ ~~weigh t~~ 327
497		-	~~limitations, or any other special consideration or use~~ 328
498		-	restrictions, or ~~lack thereof, required or recommended for the~~ 329
499		-	~~amusement ride by~~ the ~~manufacturer must be prominently displayed~~ 330
500		-	~~at the patron entrance of each amusement ride.~~ 331
501		-	~~(k)(j) All amusement rides presented~~ for ~~inspection as~~ 332
502		-	~~ready for operation or in operation must comply with this~~ 333
503		-	~~section and department rule.~~ 334
504		-	~~(l)(k) A sign containing the toll -free~~ ~~number of the~~ 335
505		-	~~department~~ and ~~informing patrons that they may contact the~~ 336
506		-	~~department with compla ints or concerns regarding~~ the ~~safe~~ 337
507		-	~~operation of amusement rides must be posted in a manner~~ 338
508		-	~~conspicuous to~~ the ~~public at each entrance of an a temporary~~ 339
509		-	amusement ~~ride facility.~~ ~~The department shall prescribe by rule~~ 340
510		-	~~specifications for such signs.~~ 341
511		-	~~(14) ENTRY FOR INSPECTION OR INVESTIGATION~~. — 342
512		-	~~(a) Upon presentation of identification, an authorized~~ 343
513		-	~~employee of the department may enter unannounced and inspect~~ 344
514		-	~~amusement rides at any time and in a reasonable manner and has~~ 345
515		-	the ~~right to question any owner , operator, or manager; to~~ 346
516		-	~~inspect, investigate,~~ ~~photograph,~~ and ~~sample all pertinent~~ 347
517		-	~~places~~, ~~areas~~, ~~and devices and review required documentation ;~~ 348
518		-	and ~~to conduct or have conducted~~ all ~~appropriate tests ,~~ 349
519		-	~~including nondestructive testing.~~ ~~The department may imp ose fees~~ 350
	495	+	restrictions, or lack thereof, required or recommended for the 326
	496	+	amusement ride by the manufacturer must be prominently displayed 327
	497	+	at the patron entrance of each amusement ride. If such rider 328
	498	+	restrictions are not provided by the manuf acturer, the owner or 329
	499	+	manager must provide the department with documentation from the 330
	500	+	manufacturer or a licensed professional engineer stating that 331
	501	+	such rider restrictions are not necessary for the safe operation 332
	502	+	of the amusement ride. 333
	503	+	(k)(j) All amusement rides presented for inspection as 334
	504	+	ready for operation or in operation must comply with this 335
	505	+	section and department rule. 336
	506	+	(l)(k) A sign containing the toll -free number of the 337
	507	+	department and informing patrons that they may contact the 338
	508	+	department with complaints or concerns regarding the safe 339
	509	+	operation of amusement rides must be posted in a manner 340
	510	+	conspicuous to the public at each entrance of an a temporary 341
	511	+	amusement ride facility. The department shall prescribe by rule 342
	512	+	specifications for such signs. 343
	513	+	(14) ENTRY FOR INSPECTION OR INVESTIGATION. — 344
	514	+	(a) Upon presentation of identification, an authorized 345
	515	+	employee of the department may enter unannounced and inspect 346
	516	+	amusement rides at any time and in a reasonable manner and has 347
	517	+	the right to question any own er, operator, or manager; to 348
	518	+	inspect, investigate, photograph, and sample all pertinent 349
	519	+	places, areas, and devices and review required documentation ; 350
520	520
521		-	~~CS/~~CS/HB 1241 2023
	521	+	CS/HB 1241 2023
522	522
523	523
524	524
525	525		CODING: Words stricken are deletions; words underlined are additions.
526		-	hb1241-~~02-c2~~
	526	+	hb1241-01-c1
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528	528		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
529	529
530	530
531	531
532		-	~~for unannounced inspections~~ and ~~recover the cost of~~ tests 351
533		-	~~authorized by this subsection.~~ 352
534		-	~~(b)~~ The ~~department shall prepare a written report~~ of ~~each~~ 353
535		-	~~investigation it conducts~~. 354
536		-	(15) ~~REPORTING AND INVESTIGATION~~ OF ~~ACCIDENTS AND DEFECTS;~~ 355
537		-	~~IMPOUNDMENTS~~.— 356
538		-	(a) ~~Any accident~~ of ~~which the owner or manager has~~ 357
539		-	~~knowledge or, through the exercise of reasonable diligence~~ 358
540		-	~~should have knowledge,~~ ~~and for~~ which ~~a patron seeks treatment at~~ 359
541		-	~~is transported to a hospital~~ or ~~an urgent care center~~ , ~~as those~~ 360
542		-	~~terms are defined in chapter 395~~, ~~must be reported by the owner~~ 361
543		-	~~or manager~~ to ~~the department by telephone within 4 hours after~~ 362
544		-	~~the occurrence of the accident or after notification~~ by the 363
545		-	~~patron and must be followed up by a written report~~ to the 364
546		-	~~department within 24 hours after~~ the occurrence of the accident 365
547		-	~~or after notification~~ by the ~~patron .~~ 366
548		-	~~(c)~~ The ~~department may impound an amusement ride involved~~ 367
549		-	~~in an accident for which a~~ patron ~~seeks treatment at is~~ 368
550		-	~~transported to a hospital or~~ an ~~urgent care center as those~~ 369
551		-	~~terms are defined~~ in ~~chapter 395 or~~ which ~~has~~ a ~~mechanical,~~ 370
552		-	~~structural,~~ or ~~electrical defect affecting patron safety;~~ ~~may~~ 371
553		-	~~impound any other amusement ride of~~ a ~~similar make and model or~~ 372
554		-	~~with similar operating characteristics~~ ; ~~and~~ may ~~perform all~~ 373
555		-	~~necessary tests to determine the cause~~ of ~~the accident~~ or ~~the~~ 374
556		-	~~mechanical, structural,~~ ~~or electrical defect or to determine the~~ 375
	532	+	and to conduct or have conducted all appropriate tests , 351
	533	+	including nondestructive testing. The department m ay impose fees 352
	534	+	for unannounced inspections and recover the cost of tests 353
	535	+	authorized by this subsection. 354
	536	+	(b) The department shall prepare a written report of each 355
	537	+	investigation it conducts. 356
	538	+	(15) REPORTING AND INVESTIGATION OF ACCIDENTS AND DEFECTS; 357
	539	+	IMPOUNDMENTS.— 358
	540	+	(a) Any accident of which the owner or manager has 359
	541	+	knowledge or, through the exercise of reasonable diligence 360
	542	+	should have knowledge, and for which a patron seeks treatment at 361
	543	+	is transported to a hospital or an urgent care center , as those 362
	544	+	terms are defined in chapter 395, must be reported by the owner 363
	545	+	or manager to the department by telephone within 4 hours after 364
	546	+	the occurrence of the accident or after notification by the 365
	547	+	patron and must be followed up by a written report to the 366
	548	+	department within 24 hours after the occurrence of the accident 367
	549	+	or after notification by the patron . 368
	550	+	(c) The department may impound an amusement ride involved 369
	551	+	in an accident for which a patron seeks treatment at is 370
	552	+	transported to a hospital or an urgent care center as those 371
	553	+	terms are defined in chapter 395 or which has a mechanical, 372
	554	+	structural, or electrical defect affecting patron safety; may 373
	555	+	impound any other amusement ride of a similar make and model or 374
	556	+	with similar operating characteristics ; and may perform all 375
557	557
558		-	~~CS/~~CS/HB 1241 2023
	558	+	CS/HB 1241 2023
559	559
560	560
561	561
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565	565		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
566	566
567	567
568	568
569		-	~~safety~~ of the ~~amusement ride and any other amusement ride of a~~ 376
570		-	~~similar make and model~~ or ~~with similar operating~~ 377
571		-	~~characteristics. The cost~~ of ~~impounding~~ the amusement ride and 378
572		-	~~performing the necessary tests must be borne by the owner of the~~ 379
573		-	amusement ride. 380
574		-	~~(16) INSPECTION~~ BY OWNER ~~OR MANAGER. —Before opening on~~ 381
575		-	~~each day of operation and before any inspection by the~~ 382
576		-	~~department, the~~ owner or ~~ma nager of an amusement ride must~~ 383
577		-	~~inspect~~ and ~~test each amusement ride to ensure compliance with~~ 384
578		-	~~this section.~~ ~~Each inspection~~ must ~~be recorded at the time of~~ 385
579		-	~~inspection on a form prescribed by department rule~~ and ~~signed by~~ 386
580		-	~~the person who conducted~~ the ~~inspe ction. In lieu~~ of ~~the form~~ 387
581		-	prescribed by department rule~~, the owner or manager may request~~ 388
582		-	~~approval~~ of ~~an alternative~~ form ~~that includes, at a minimum, the~~ 389
583		-	~~information required on the form~~ prescribed by department rule. 390
584		-	~~Inspection records~~ of the ~~last 14 da ily inspections must be kept~~ 391
585		-	on ~~site~~ by ~~the owner or manager and made immediately available~~ 392
586		-	to the ~~department upon request.~~ 393
587		-	~~(17) TRAINING OF EMPLOYEES.~~ — 394
588		-	~~(a)~~ The department ~~shall establish by rule minimum~~ 395
589		-	training ~~and retraining standards and the freque ncy~~ of ~~employee~~ 396
590		-	~~training for all amusement rides.~~ 397
591		-	~~(b)~~ The ~~owner or manager~~ of ~~an amusement ride shall~~ 398
592		-	~~maintain a record of employee~~ training for ~~each employee~~ 399
593		-	~~authorized to operate,~~ ~~assemble, disassemble, transport,~~ or 400
	569	+	necessary tests to determine the cause of the accident or the 376
	570	+	mechanical, structural, or electrical defect or to determine the 377
	571	+	safety of the amusement ride and any other amusement ride of a 378
	572	+	similar make and model or with similar operating 379
	573	+	characteristics. The cost of impounding the amusement ride and 380
	574	+	performing the necessary tests must be borne by the owner of the 381
	575	+	amusement ride. 382
	576	+	(16) INSPECTION BY OWNER OR MANAGER. —Before opening on 383
	577	+	each day of operation and before any inspection by the 384
	578	+	department, the owner or manager of an amusement ride must 385
	579	+	inspect and test each amusement ride to ensure compliance with 386
	580	+	this section. Each inspection must be recorded at the time of 387
	581	+	inspection on a form prescribed by department rule and signed by 388
	582	+	the person who conducted the inspection. In lieu of the form 389
	583	+	prescribed by department rule, the owner or manager may request 390
	584	+	approval of an alternative form that includes, at a minimum, the 391
	585	+	information required on the form prescribed by department rule. 392
	586	+	Inspection records of the last 14 daily inspections must be kept 393
	587	+	on site by the owner or manager and made immediately available 394
	588	+	to the department upon request. 395
	589	+	(17) TRAINING OF EMPLOYEES. — 396
	590	+	(a) The department shall establish by rule minimum 397
	591	+	training and retraining standards and the frequency of employee 398
	592	+	training for all amusement rides. 399
	593	+	(b) The owner or manager of an amusement ride shall 400
594	594
595		-	~~CS/~~CS/HB 1241 2023
	595	+	CS/HB 1241 2023
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597	597
598	598
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603	603
604	604
605	605
606		-	~~conduct maintenance on an amusement ride on~~ a ~~form prescribed by~~ 401
607		-	~~department rule.~~ ~~In lieu of the form prescribed by department~~ 402
608		-	~~rule, the owner or manager may request approval of~~ an 403
609		-	~~alternative~~ form ~~that includes,~~ ~~at a minimum, the information~~ 404
610		-	~~required on~~ the ~~form prescribed by department ru le.~~ ~~The training~~ 405
611		-	~~record must be kept on site by~~ the ~~owner or manager and made~~ 406
612		-	~~immediately available to~~ the ~~department upon request~~. Training 407
613		-	~~may not~~ be ~~conducted when an amusement ride is open to~~ the 408
614		-	~~public unless~~ the training ~~is conducted under the superv ision of~~ 409
615		-	an ~~employee who~~ is ~~trained in the operation of that ride.~~ The 410
616		-	~~owner or manager shall immediately document all~~ training 411
617		-	~~following each training session and certify~~ that ~~each employee~~ 412
618		-	~~is trained,~~ ~~as required by this section and any rules adopted~~ 413
619		-	~~thereunder, on the amusement ride for which the~~ employee is 414
620		-	~~responsible.~~ 415
621		-	~~(19) IMMEDIATE FINAL ORDERS.~~ — 416
622		-	~~(a) An amusement ride that fails to meet the requirements~~ 417
623		-	~~of this section or pass the inspections required by this~~ 418
624		-	~~section;~~ that ~~is involved in an accid ent for which a patron~~ 419
625		-	~~seeks treatment at is transported to a hospital~~ or ~~an urgent~~ 420
626		-	~~care center as those terms are defined~~ in ~~chapter 395;~~ ~~or that~~ 421
627		-	~~has~~ a ~~mechanical, structural,~~ or ~~electrical defect that affects~~ 422
628		-	~~patron safety may be considered an immediate serious danger to~~ 423
629		-	~~the public health~~, ~~safety~~, ~~and welfare and,~~ ~~upon issuance of an~~ 424
630		-	~~immediate final order prohibiting~~ patron ~~use of the ride,~~ may 425
	606	+	maintain a record of employee training for each employee 401
	607	+	authorized to operate, assemble, disassemble, transport, or 402
	608	+	conduct maintenance on an amu sement ride on a form prescribed by 403
	609	+	department rule. In lieu of the form prescribed by department 404
	610	+	rule, the owner or manager may request approval of an 405
	611	+	alternative form that includes, at a minimum, the information 406
	612	+	required on the form prescribed by departm ent rule. The training 407
	613	+	record must be kept on site by the owner or manager and made 408
	614	+	immediately available to the department upon request. Training 409
	615	+	may not be conducted when an amusement ride is open to the 410
	616	+	public unless the training is conducted under the supervision of 411
	617	+	an employee who is trained in the operation of that ride. The 412
	618	+	owner or manager shall immediately document all training 413
	619	+	following each training session and certify that each employee 414
	620	+	is trained, as required by this section and any rules adopt ed 415
	621	+	thereunder, on the amusement ride for which the employee is 416
	622	+	responsible. 417
	623	+	(19) IMMEDIATE FINAL ORDERS. — 418
	624	+	(a) An amusement ride that fails to meet the requirements 419
	625	+	of this section or pass the inspections required by this 420
	626	+	section; that is involved in an accident for which a patron 421
	627	+	seeks treatment at is transported to a hospital or an urgent 422
	628	+	care center as those terms are defined in chapter 395; or that 423
	629	+	has a mechanical, structural, or electrical defect that affects 424
	630	+	patron safety may be considered an imme diate serious danger to 425
631	631
632		-	~~CS/~~CS/HB 1241 2023
	632	+	CS/HB 1241 2023
633	633
634	634
635	635
636	636		CODING: Words stricken are deletions; words underlined are additions.
637		-	hb1241-~~02-c2~~
	637	+	hb1241-01-c1
638	638		Page 18 of 18
639	639		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
640	640
641	641
642	642
643		-	not be operated for patron use until it has passed a subsequent 426
644		-	inspection by or at the direction of the departm ent. 427
645		-	(b) An amusement ride of a similar make and model or with 428
646		-	similar operating characteristics to an amusement ride described 429
647		-	in paragraph (a) may be considered an immediate serious danger 430
648		-	to the public health, safety, and welfare and, upon issuance of 431
649		-	an immediate final order prohibiting patron use of the ride, may 432
650		-	not be operated for patron use until it has passed a subsequent 433
651		-	inspection by or at the direction of the department. 434
652		-	Section 3. This act shall take effect July 1, 2023. 435
	643	+	the public health, safety, and welfare and, upon issuance of an 426
	644	+	immediate final order prohibiting patron use of the ride, may 427
	645	+	not be operated for patron use until it has passed a subsequent 428
	646	+	inspection by or at the direction of the d epartment. 429
	647	+	(b) An amusement ride of a similar make and model or with 430
	648	+	similar operating characteristics to an amusement ride described 431
	649	+	in paragraph (a) may be considered an immediate serious danger 432
	650	+	to the public health, safety, and welfare and, upon issua nce of 433
	651	+	an immediate final order prohibiting patron use of the ride, may 434
	652	+	not be operated for patron use until it has passed a subsequent 435
	653	+	inspection by or at the direction of the department. 436
	654	+	Section 3. This act shall take effect July 1, 2023. 437