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