Florida Senate - 2023 CS for SB 902 By the Committee on Agriculture; and Senator Thompson 575-02509-23 2023902c1 1 A bill to be entitled 2 An act relating to safety standards for amusement 3 rides; providing a short title; amending s. 616.242, 4 F.S.; defining and redefining terms; requiring 5 permanent amusement rides operated for the first time 6 in this state after a specified date to have a ride 7 commissioning and certification report on file with 8 the Department of Agriculture and Consumer Services 9 within a specified timeframe; revising the application 10 requirements for permanent and temporary amusement 11 ride permits; exempting from permit requirements 12 temporary amusement rides that meet certain 13 conditions; revising the annual nondestructive testing 14 requirements for amusement rides; requiring nonvisual 15 nondestructive testing to be used in certain 16 circumstances; revising the affidavit requirements for 17 nondestructive testing; authorizing the department to 18 conduct unannounced inspections for specified 19 purposes; requiring the department to remove an 20 amusement ride from service and take appropriate 21 administrative actions under certain circumstances; 22 removing an exemption for temporary amusement ride 23 inspections; authorizing the department to conduct 24 certain inspections upon request; revising amusement 25 ride inspection standards; revising the reasons for 26 which the department is authorized to enter and 27 inspect amusement rides; requiring the department to 28 prepare a written report of each investigation it 29 conducts; revising the circumstances under which the 30 owner or manager of an amusement ride is required to 31 report an accident and under which the department may 32 impound an amusement ride involved in an accident; 33 requiring daily owner or manager amusement ride 34 inspections to be recorded at the time of inspection; 35 requiring the department to establish by rule minimum 36 amusement ride training and retraining standards; 37 revising training requirements; revising circumstances 38 under which an amusement ride may be considered an 39 immediate serious danger to the public; providing an 40 effective date. 41 42 WHEREAS, on March 24, 2022, Tyre Sampson, a 14-year-old boy 43 visiting this state from Missouri, fell to his death from the 44 Eagle Drop Tower in Orlando, and 45 WHEREAS, after the accident, Department of Agriculture and 46 Consumer Services inspectors performed multiple onsite 47 inspections of the tower and its components and contracted with 48 a third party to conduct a failure analysis assessment of the 49 tower, and 50 WHEREAS, the investigators concluded that changes made to 51 the ride by the ride operators after initial installation 52 contributed to Tyre Sampsons death, and 53 WHEREAS, the proposed changes made by this act are 54 necessary to address the safety problems discovered during the 55 departments investigation, NOW, THEREFORE, 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1.This act may be cited as the Tyre Sampson Act. 60 Section 2.Present paragraphs (j) through (q) and (r) 61 through (u) of subsection (3) of section 616.242, Florida 62 Statutes, are redesignated as paragraphs (k) through (r) and (t) 63 through (w), respectively, new paragraphs (j) and (s) are added 64 to that subsection and a new paragraph (g) is added to 65 subsection (6) of that section, and paragraph (h) of subsection 66 (3), paragraph (a) of subsection (4), paragraph (b) of 67 subsection (5), paragraphs (b) and (f) of subsection (6), 68 subsection (7), paragraph (a) of subsection (8), paragraph (b) 69 of subsection (11), subsections (12) and (14), paragraphs (a) 70 and (c) of subsection (15), and subsections (16), (17), and (19) 71 of that section are amended, to read: 72 616.242Safety standards for amusement rides. 73 (3)DEFINITIONS.As used in this section, the term: 74 (h)Major modification means any change in the structural 75 characteristics, or operational characteristics, or safety 76 systems of an amusement ride which will alter its performance or 77 settings from those that specified in the manufacturers design 78 criteria or operators manual or as certified in the ride 79 commissioning and certification report. 80 (j)Nationally recognized testing laboratory means an 81 independent laboratory recognized by the United States 82 Occupational Safety and Health Administration which tests 83 products to applicable product safety standards in order to 84 provide independent testing and certification of devices that 85 may pose a risk to the user. 86 (s)Ride commissioning and certification report means a 87 commissioning and certification report by the ride manufacturer 88 or a nationally recognized testing laboratory which certifies 89 that the ride has been designed, manufactured, installed, and 90 tested in conformance with the manufacturers design criteria, 91 standards referenced in this section, and rules adopted by the 92 department. 93 (4)ADOPTION OF STANDARDS; RULES. 94 (a)The department shall adopt by rule standards for 95 amusement rides. The rules must: 96 1.Be which are the same as or similar to the following 97 national standards: 98 a.1.ASTM International Committee F24 Standards on 99 Amusement Rides and Devices. 100 b.2.The National Electric Code Handbook. 101 c.3.National Fire Protection Association standards. 102 2.Require that each permanent amusement ride operated for 103 the first time in this state after July 1, 2023, have a ride 104 commissioning and certification report on file with the 105 department before the department conducts the permanent 106 amusement rides first inspection and issues a permit for the 107 permanent amusement ride. 108 (5)PERMANENT AMUSEMENT RIDE ANNUAL PERMIT. 109 (b)To apply for an annual permit, an owner or manager must 110 submit to the department a written application on a form 111 prescribed by department rule, which must include all of the 112 following: 113 1.The legal name, address, e-mail address, and primary 114 place of business of the owner or manager, as applicable. 115 2.A description, manufacturers name, serial number, model 116 number, and, if previously assigned, the United States Amusement 117 Identification Number of the amusement ride. 118 3.A valid certificate of insurance for each amusement 119 ride. 120 4.If required under subsection (7), An annual affidavit of 121 compliance and nondestructive testing certifying that the 122 amusement ride was inspected in person by the affiant and that 123 the amusement ride is in general conformance with the 124 requirements of this section and all applicable department 125 rules. The affidavit must have been executed by a professional 126 engineer or a qualified inspector within the last calendar year. 127 5.The owner or manager shall, At no cost to the 128 department, provide the department an electronic copy of the 129 manufacturers current recommended operating instructions, the 130 owners operating fact sheet, a longitudinal record regarding 131 accidents involving rides he or she previously owned or 132 operated, and any written bulletins concerning the safety, 133 operation, or maintenance of the amusement ride. 134 6.Beginning July 1, 2023, a ride commissioning and 135 certification report for each permanent amusement ride operated 136 for the first time in this state after July 1, 2023. 137 (6)TEMPORARY AMUSEMENT RIDE PERMIT. 138 (b)To apply for a permit, an owner or manager must submit 139 to the department a written application on a form prescribed by 140 department rule. The written application, which must include all 141 of the following: 142 1.The legal name, address, e-mail address, and primary 143 place of business of the owner or manager, as applicable. 144 2.A description, manufacturers name, serial number, model 145 number, and, if previously assigned, the United States Amusement 146 Identification Number of the amusement ride. 147 3.A valid certificate of insurance for each amusement 148 ride. 149 4.If required under subsection (7), An affidavit of 150 compliance and nondestructive testing certifying that the 151 amusement ride was inspected in person by the affiant and that 152 the amusement ride is in general conformance with the 153 requirements of this section and all applicable department 154 rules. The affidavit must be executed by a professional engineer 155 or a qualified inspector. 156 5.The owner or manager shall, At no cost to the 157 department, provide the department an electronic copy of the 158 manufacturers current recommended operating instructions, the 159 operating fact sheet, a longitudinal record regarding accidents 160 involving rides he or she previously owned or operated, and any 161 written bulletins concerning the safety, operation, or 162 maintenance of the amusement ride. 163 (f)A temporary amusement ride is exempt from the required 164 permit if it is: 165 1.Used at a private event and was issued a permit within 166 the preceding 6 months; or 167 2.A kiddie ride used at a public event, provided that not 168 more than three amusement rides are at the event, the kiddie 169 rides at the event do not exceed a capacity of 12 persons, and 170 the kiddie ride passed a department inspection and was issued a 171 permit within the preceding 6 months. Unless the capacity of the 172 ride has been determined and specified by the manufacturer, the 173 department shall determine the capacity of the kiddie ride by 174 rule. An owner or a manager of a kiddie ride operating under 175 this exemption is responsible for ensuring that not more than 176 three amusement rides are operated at the event. 177 (g)The permit must be displayed in an accessible location 178 on the amusement ride. 179 (7)NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS. 180 (a)Except as provided in paragraph (d), An owner or 181 manager may not operate an amusement ride unless the owner or 182 manager at all times has a current affidavit of nondestructive 183 testing from a professional engineer or qualified inspector that 184 the amusement ride has undergone nondestructive testing to 185 verify the integrity of all components for metal fatigue at 186 least annually. The nondestructive testing for metal fatigue 187 must be conducted more often than annually if required by any 188 rule adopted under this section, by the manufacturer of the 189 amusement ride, or by the professional engineer or qualified 190 inspector executing the affidavit of nondestructive testing. The 191 nondestructive testing for metal fatigue must consist at least 192 of visual nondestructive testing, as well as nonvisual 193 nondestructive testing for metal fatigue, which must be 194 conducted on the components of the amusement ride as required by 195 any rule adopted under this section, by the manufacturer of the 196 amusement ride, or by the professional engineer or qualified 197 inspector executing the affidavit of nondestructive testing. 198 (b)Nonvisual nondestructive testing must be used to verify 199 the integrity of components that, due to their design, location, 200 installation, or a combination thereof, cannot be adequately 201 evaluated by other means. 202 (c)Nondestructive testing testings must be performed by a 203 technician who meets the requirements prescribed by department 204 rule. 205 (d)(c)An affidavit of nondestructive testing, on a form 206 prescribed by department rule, must state, at a minimum, all of 207 the following: 208 1.That the amusement ride was inspected in person by the 209 affiant. 210 2.That all of the manufacturers nondestructive testing 211 requirements and recommendations are current. 212 3.That the nondestructive testing was performed by a 213 qualified nondestructive testing technician. 214 4.The components of the amusement ride for which the 215 manufacturer has recommended or required nondestructive testing. 216 5.The type of nondestructive testing required or 217 recommended by the manufacturer. 218 6.The frequency of the nondestructive testing required or 219 recommended by the manufacturer. 220 7.The components of the amusement ride for which the 221 affiant, in addition to the manufacturers requirements and 222 recommendations, has recommended or required nondestructive 223 testing. 224 8.The type of nondestructive testing required or 225 recommended by the affiant in addition to the manufacturers 226 requirements and recommendations. If the affiant does not 227 require or recommend additional nondestructive testing, the 228 affiant must affirm that the manufacturers 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 manufacturers required or recommended bulletins. 248 (e)(d)Nonvisual nondestructive testing is not required for 249 fun houses, houses of mirrors, haunted houses, mazes, wave 250 pools, wave-making devices, kiddie pools, slides that are fully 251 supported by an earthen mound, nonmotorized playground equipment 252 that requires a manager, or lazy-river-type nonmotorized 253 floating carriers propelled by water. 254 (8)DEPARTMENT INSPECTIONS. 255 (a)In order to obtain an annual or a temporary amusement 256 ride permit, an amusement ride must be inspected by the 257 department. 258 1.The department may conduct unannounced inspections to 259 observe operations and ensure the amusement ride is being 260 conducted pursuant to proper procedures, to verify that on-duty 261 employees have received proper training, and to observe the 262 amusement ride in operation in order to detect unsafe ride 263 conditions that may have occurred following the last inspection. 264 If unsafe conditions are found, the inspector must immediately 265 remove the amusement ride from service to ensure patron safety 266 and follow up with the appropriate administrative actions A 267 temporary amusement ride is exempt from the required inspection 268 if it is: 269 a.Used at a private event; 270 b.A simulator, the capacity of which does not exceed 16 271 persons; or 272 c.A kiddie ride used at a public event, provided that not 273 more than three amusement rides are at the event, the kiddie 274 rides at the event do not exceed a capacity of 12 persons, and 275 the kiddie ride passed a department inspection and was issued a 276 permit within the preceding 6 months. The capacity of a kiddie 277 ride shall be determined by department rule, unless the capacity 278 of the ride has been determined and specified by the 279 manufacturer. Any owner or manager of a kiddie ride operating 280 under this exemption is responsible for ensuring that not more 281 than three amusement rides are operated at the event. 282 2.The department shall inspect permanent amusement rides 6 283 months after the issuance of the annual permit. The required 284 inspection may be waived for a permanent amusement ride if it 285 was inspected and certified by an accredited trade organization 286 as defined by department rule. 287 (11)EXEMPTIONS. 288 (b)All of the following are exempt from subsections (5), 289 (6), (8), and (9), but may be inspected by the department upon 290 request, following a complaint or pursuant to an accident that 291 is required to be reported under subsection (15), and such 292 exemption may be removed if the exempted amusement ride is found 293 to have been operating in a manner or circumstance that presents 294 a risk or resulted in a serious injury to patrons: 295 1.Museums or other institutions principally devoted to the 296 exhibition of products of agriculture, industry, education, 297 science, religion, or the arts. 298 2.Conventions or trade shows for the sale or exhibit of 299 amusement rides if there are a minimum of 15 amusement rides on 300 display or exhibition and if any operation of such amusement 301 rides is limited to the registered attendees of the convention 302 or trade show. 303 3.Nonmotorized playground equipment that is not required 304 to have a manager. 305 4.Coin-actuated amusement rides designed to be operated by 306 depositing coins, tokens, credit cards, debit cards, bills, or 307 other cash money and which are not required to have a manager, 308 and which have a capacity of six persons or less. 309 5.Facilities described in s. 549.09(1)(a) when such 310 facilities are operating cars, trucks, or motorcycles only. 311 6.Battery-powered cars or other vehicles that are designed 312 to be operated by children 7 years of age or under and that 313 cannot exceed a speed of 4 miles per hour. 314 7.Mechanically driven vehicles that pull train cars, 315 carts, wagons, or other similar vehicles, that are not confined 316 to a metal track or confined to an area but are steered by an 317 operator and do not exceed a speed of 4 miles per hour. 318 8.A water-related amusement ride operated by a business 319 licensed under chapter 509 if the water-related amusement ride 320 is an incidental amenity and the operating business is not 321 primarily engaged in providing amusement, pleasure, thrills, or 322 excitement and does not offer day rates. 323 9.An amusement ride at a private, membership-only facility 324 if the amusement ride is an incidental amenity and the facility 325 is not open to the general public; is not primarily engaged in 326 providing amusement, pleasure, thrills, or excitement; and does 327 not offer day rates. 328 10.A nonprofit permanent facility registered under chapter 329 496 which is not open to the general public. 330 (12)INSPECTION STANDARDS.An amusement ride must conform 331 to all of the following standards: 332 (a)All mechanical, structural, and electrical components 333 that affect patron safety must be in good working order. 334 (b)All control devices, speed-limiting devices, brakes, 335 and safety equipment must be in good working order. 336 (c)Parts must be properly aligned and may not be bent, 337 distorted, cut, or otherwise injured to force a fit. Parts 338 requiring lubrication must be lubricated in the course of 339 assembly. Fastening and locking devices must be installed when 340 required for safe operation. 341 (d)Sensors and other limiting devices related to patron 342 safety restraint systems may not be adjusted beyond the 343 prescribed tolerances determined by the manufacturer or by a 344 licensed professional engineer if the manufacturer is no longer 345 in business. 346 (e)The proper positioning and measurements related to 347 patron safety restraint systems must be provided to the 348 department before the time of inspection. The specifications 349 must include redundant restraints, such as seat belts and safety 350 bars for any ride that rises more than 100 feet, and must be 351 approved by the ride manufacturer or by a licensed professional 352 engineer if the manufacturer is no longer in business. 353 (f)An amusement ride must be placed or secured with 354 blocking, cribbing, outriggers, guys, or other means so as to be 355 stable under all operating conditions. 356 (g)(e)Areas in which patrons may be endangered by the 357 operation of an amusement ride must be fenced, barricaded, or 358 otherwise effectively guarded against inadvertent contact. 359 (h)(f)Machinery used in or with an amusement ride must be 360 enclosed, barricaded, or otherwise effectively guarded against 361 inadvertent contact. 362 (i)(g)An amusement ride powered so as to be capable of 363 exceeding its maximum safe operating speed must be provided with 364 a maximum-speed-limiting device. 365 (j)(h)The interior and exterior parts of all patron 366 carrying amusement rides with which a patron may come in contact 367 must be smooth and rounded and free from sharp, rough, or 368 splintered edges and corners, and from projecting studs, bolts, 369 and screws or other projections that might cause injury. 370 (k)(i)Signs that advise or warn patrons of age 371 restrictions, size restrictions, health restrictions, weight 372 limitations, or any other special consideration or use 373 restrictions, or lack thereof, required or recommended for the 374 amusement ride by the manufacturer must be prominently displayed 375 at the patron entrance of each amusement ride. If such rider 376 restrictions are not provided by the manufacturer, the owner or 377 manager must provide the department with documentation from the 378 manufacturer or a licensed professional engineer stating that 379 such rider restrictions are not necessary for the safe operation 380 of the amusement ride. 381 (l)(j)All amusement rides presented for inspection as 382 ready for operation or in operation must comply with this 383 section and department rule. 384 (m)(k)A sign containing the toll-free number of the 385 department and informing patrons that they may contact the 386 department with complaints or concerns regarding the safe 387 operation of amusement rides must be posted in a manner 388 conspicuous to the public at each entrance of an a temporary 389 amusement ride facility. The department shall prescribe by rule 390 specifications for such signs. 391 (14)ENTRY FOR INSPECTION OR INVESTIGATION. 392 (a)Upon presentation of identification, an authorized 393 employee of the department may enter unannounced and inspect 394 amusement rides at any time and in a reasonable manner and has 395 the right to question any owner, operator, or manager; to 396 inspect, investigate, photograph, and sample all pertinent 397 places, areas, and devices and review required documentation; 398 and to conduct or have conducted all appropriate tests, 399 including nondestructive testing. The department may impose fees 400 for unannounced inspections and recover the cost of tests 401 authorized by this subsection. 402 (b)The department shall prepare a written report of each 403 investigation it conducts. 404 (15)REPORTING AND INVESTIGATION OF ACCIDENTS AND DEFECTS; 405 IMPOUNDMENTS. 406 (a)Any accident of which the owner or manager has 407 knowledge or, through the exercise of reasonable diligence 408 should have knowledge, and for which a patron seeks treatment at 409 is transported to a hospital or an urgent care center, as those 410 terms are defined in chapter 395, must be reported by the owner 411 or manager to the department by telephone within 4 hours after 412 the occurrence of the accident or after notification by the 413 patron and must be followed up by a written report to the 414 department within 24 hours after the occurrence of the accident 415 or after notification by the patron. 416 (c)The department may impound an amusement ride involved 417 in an accident for which a patron seeks treatment at is 418 transported to a hospital or an urgent care center as those 419 terms are defined in chapter 395 or which has a mechanical, 420 structural, or electrical defect affecting patron safety; may 421 impound any other amusement ride of a similar make and model or 422 with similar operating characteristics; and may perform all 423 necessary tests to determine the cause of the accident or the 424 mechanical, structural, or electrical defect or to determine the 425 safety of the amusement ride and any other amusement ride of a 426 similar make and model or with similar operating 427 characteristics. The cost of impounding the amusement ride and 428 performing the necessary tests must be borne by the owner of the 429 amusement ride. 430 (16)INSPECTION BY OWNER OR MANAGER.Before opening on each 431 day of operation and before any inspection by the department, 432 the owner or manager of an amusement ride must inspect and test 433 each amusement ride to ensure compliance with this section. Each 434 inspection must be recorded at the time of inspection on a form 435 prescribed by department rule and signed by the person who 436 conducted the inspection. In lieu of the form prescribed by 437 department rule, the owner or manager may request approval of an 438 alternative form that includes, at a minimum, the information 439 required on the form prescribed by department rule. Inspection 440 records of the last 14 daily inspections must be kept on site by 441 the owner or manager and made immediately available to the 442 department upon request. 443 (17)TRAINING OF EMPLOYEES. 444 (a)The department shall establish by rule minimum training 445 and retraining standards and the frequency of employee training 446 for all amusement rides. 447 (b)The owner or manager of an amusement ride shall 448 maintain a record of employee training for each employee 449 authorized to operate, assemble, disassemble, transport, or 450 conduct maintenance on an amusement ride on a form prescribed by 451 department rule. In lieu of the form prescribed by department 452 rule, the owner or manager may request approval of an 453 alternative form that includes, at a minimum, the information 454 required on the form prescribed by department rule. The training 455 record must be kept on site by the owner or manager and made 456 immediately available to the department upon request. Training 457 may not be conducted when an amusement ride is open to the 458 public unless the training is conducted under the supervision of 459 an employee who is trained in the operation of that ride. The 460 owner or manager shall immediately document all training 461 following each training session and certify that each employee 462 is trained, as required by this section and any rules adopted 463 thereunder, on the amusement ride for which the employee is 464 responsible. 465 (19)IMMEDIATE FINAL ORDERS. 466 (a)An amusement ride that fails to meet the requirements 467 of this section or pass the inspections required by this 468 section; that is involved in an accident for which a patron 469 seeks treatment at is transported to a hospital or an urgent 470 care center as those terms are defined in chapter 395; or that 471 has a mechanical, structural, or electrical defect that affects 472 patron safety may be considered an immediate serious danger to 473 the public health, safety, and welfare and, upon issuance of an 474 immediate final order prohibiting patron use of the ride, may 475 not be operated for patron use until it has passed a subsequent 476 inspection by or at the direction of the department. 477 (b)An amusement ride of a similar make and model or with 478 similar operating characteristics to an amusement ride described 479 in paragraph (a) may be considered an immediate serious danger 480 to the public health, safety, and welfare and, upon issuance of 481 an immediate final order prohibiting patron use of the ride, may 482 not be operated for patron use until it has passed a subsequent 483 inspection by or at the direction of the department. 484 Section 3.This act shall take effect July 1, 2023.