The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/SB 902
INTRODUCER: Appropriations Committee on Agriculture, Environment, and General Government;
Agriculture Committee; and Senator Thompson
SUBJECT: Safety Standards for Amusement Rides
DATE: April 24, 2023
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Burse Becker AG Fav/CS
2. Blizzard Betta AEG Fav/CS
3. Burse Yeatman FP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 902, the “Tyre Sampson Act” requires permanent amusement rides operated for the
first time in this state after a specified date, to have a ride commissioning and certification report
on file with the Department of Agriculture and Consumer Services (department) within a
specified timeframe. The bill provides requirements for permanent and temporary amusement
ride permits and creates new reporting requirements for an affidavit of nondestructive testing.
Additionally, the bill revises the circumstances under which the owner or manager of an
amusement ride is required to report an accident and under which the department may impound
an amusement ride involved in an accident.
The bill has a significant fiscal impact to the Department of Agriculture and Consumer Services.
See Section V. Fiscal Impact Statement.
This bill takes effect July 1, 2023.
REVISED: BILL: CS/CS/SB 902 Page 2
II. Present Situation:
Tyre Sampson
In March 2022, 14 year old Tyre Sampson fell to his death from the 400-foot (122-meter) drop
tower ride operated by Orlando Slingshot.
1
Outside engineers reported that sensors on the ride
had been adjusted manually to double the size of the opening for restraints on two seats, resulting
in the teen not being properly secured.
2
The ride has since been shut down and the company has
been fined by the Department of Agriculture and Consumer Services (department).
Amusement Ride Inspections
The department is required to inspect all amusement rides in Florida, except those at large parks
with more than 1,000 employees and an inspector on staff. The Bureau of Fair Rides Inspection
within the department is required to inspect, investigate, and enforce the regulations related to
amusement rides.
3
Amusement rides regulated in the state of Florida fall into two major groups:
Temporary amusement rides (those that are regularly relocated with or without assembly);
and
Permanent facility amusement rides (those that are not regularly relocated and operate as a
lasting part of the premises).
4
All temporary amusement rides are inspected each time they are moved or set up at a new
location, and permanent rides are inspected semiannually. All amusement rides are required to be
permitted annually, are required to undergo nondestructive testing for structural integrity, and
must have an annual inspection by a professional engineer or qualified inspector.
5
The department also inspects go-kart tracks, water-related amusement rides, and zip-line courses
operating in the state.
6
In addition, the department investigates accidents involving amusement rides, and has the
authority to impose sanctions on amusement ride owners for violation of the law. The
department can close and impound amusement rides that pose an immediate serious danger to
public health, safety, and welfare.
7
1
https://www.mysuncoast.com/2022/11/22/florida-amusement-park-where-tyre-sampson-fell-his-death-fined-250000/ (last
visited February 24, 2023)
2
Id.
3
Section 616.242, F.S.
4
Florida Department of Agriculture and Consumer Services, Fair Rides Inspection, https://fdacs.gov/Business-
Services/Fairs/Fair-Rides-Inspection (last visited February 24, 2023).
5
Florida Department of Agriculture and Consumer Services, Fair Rides Inspection, https://fdacs.gov/Business-
Services/Fairs/Fair-Rides-Inspection (last visited February 28, 2023).
6
Id.
7
Id. BILL: CS/CS/SB 902 Page 3
Adoption of Standards
The department is required to adopt by rule standards for amusement rides which are the same as
or similar to the following national standards:
American Society for Testing and Materials (ASTM) Committee F-24 Standards on
Amusement Rides and Devices.
National Electric Code Handbook, Article 525.
National Fire Protection Code 101 (chapters 8-4.6 and 9-4.6).
ASTM Standards: E543 Practice for Determining the Qualification of Nondestructive Testing
Agencies.
American Society for Nondestructive Testing (ASNT) Document Recommended Practice for
Nondestructive Testing Personnel Qualification and Certification (SNT-TC-1A).
8
The department is authorized to adopt rules necessary to effectuate its statutory duties in the
interest of public health, safety, and welfare and to promote patron safety in the design,
construction, assembly, disassembly, maintenance, and operation of amusement rides in this
state.
9
There are no mandatory national safety standards for United States amusement rides, but the
amusement ride industry has developed safety standards through the ASTM F-24 committee.
The ASTM F-24 committee is responsible for standards related to amusement rides and devices.
This includes waterslides, inflatables, go-karts, zip-lines and challenge courses, trampoline
courts, and a growing list of commercially-operated amusement experiences.
10
Annual Permits
Amusement rides may not operate without an annual permit. To apply, an owner must submit to
the department a written application on a form prescribed by department rule, and include:
The legal name, address, and primary place of business of the owner.
A description, manufacturer’s name, serial number, model number, and, if previously
assigned, the United States Amusement Identification Number of the amusement ride.
A valid certificate of insurance for each amusement ride.
An affidavit of compliance that the amusement ride was inspected and in general
conformance with the law and applicable rules. The affidavit of compliance must be executed
by a professional engineer or a qualified inspector no earlier than 60 days before, but not
later than, the date of filing of the application with the department.
A request of inspection and permitting of the amusement ride within 60 days of the date of
filing the application with the department.
11
Upon request, the owner must, at no cost to the department, provide the department with a copy
of the manufacturer’s current recommended operating instructions in the possession of the
8
Section 616.242(4), F.S.
9
Id.
10
ASTM International, Committee F24 on Amusement Rides and Devices, https://www.astm.org/get-involved/technical-
committees/committee-f24
(Last visited February 28, 2023).
11
Section 616.242(5), F.S. BILL: CS/CS/SB 902 Page 4
owner, the owner’s operating fact sheet, and any written bulletins in the possession of the owner
concerning the safety, operation, or maintenance of the amusement ride.
12
An annual permit must be issued to the owner when a completed application has been received,
the amusement ride has passed department inspection, and all applicable fees, as set by
department rule,
13
have been paid.
14
The annual permit:
Is valid for one year from the date of issuance;
Is not transferable; and
Must be displayed on the amusement ride in a place that is visible to patrons.
15
Nondestructive Testing
In order to operate an amusement ride the owner must at all times have a current affidavit of
nondestructive testing from a professional engineer or qualified inspector. The affidavit provides
that the amusement ride has undergone nondestructive testing for metal fatigue at least
annually.
16
Nondestructive testing must be performed by a technician who meets the national
standards for amusement rides provided in department rule.
17
Nondestructive testing for metal fatigue must include visual and nonvisual testing, and can be
conducted more often than annually, if required by any rule adopted under s. 616.242(7), F.S., by
the manufacturer of the amusement ride, or the professional engineer or qualified inspector
executing the affidavit of nondestructive testing.
18
An affidavit of nondestructive testing must provide:
That the amusement ride was inspected in person by the affiant.
That all nondestructive testing requirements are current.
That the nondestructive testing was performed by a qualified nondestructive testing
technician.
The components of the amusement ride for which the manufacturer has recommended or
required nondestructive testing.
The type of nondestructive testing required or recommended by the manufacturer.
The frequency of the nondestructive testing required or recommended by the manufacturer.
The components of the amusement ride for which the affiant has recommended or required
nondestructive testing.
The type of nondestructive testing required or recommended by the affiant.
The frequency of the nondestructive testing as required or recommended by the affiant.
12
Id.
13
R. 5J-18.012, F.A.C.
14
Section 616.242(5), F.S.
15
Id.
16
Section 616.242(6), F.S.
17
Id.
18
Id. BILL: CS/CS/SB 902 Page 5
That visual nondestructive testing is adequate for the amusement ride to be in general
conformance with the requirements of this section, and all applicable rules, if only visual
nondestructive testing is required or recommended by either the manufacturer or the affiant.
19
Nondestructive testing is not required for:
Fun houses;
Houses of mirrors;
Haunted houses;
Mazes;
Wave pools;
Wave-making devices;
Kiddie pools;
Slides that are fully supported by an earthen mound;
Non-motorized playground equipment that requires a manager; or
Lazy-river type non-motorized floating carriers propelled by water.
20
Inspections
In order to obtain an annual permit, amusement rides must be inspected by the department and
receive an inspection certificate. In addition, the following requirements must be met:
Permanent amusement rides must be inspected semiannually and receive an inspection
certificate; and
Temporary amusement rides must be inspected and receive an inspection certificate each
time the ride is set up or moved to a new location in this state unless the ride is:
o Used at a private event;
o A simulator, the capacity of which does not exceed 16 persons; or
o A kiddie ride used at a public event, provided that there are no more than three
amusement rides at the event, none of the kiddie rides at the event exceeds a
capacity of 12 persons, and the ride has an inspection certificate that was issued
within the preceding six months.
21
To obtain a department inspection, the owner must submit a written request to the department on
a department prescribed form, and provide the following information:
The legal name, address, and primary place of business of the owner.
A description, manufacturer’s name, serial number, model number, and the United States
Amusement Identification Number, if previously assigned, of the amusement ride.
For a temporary amusement ride, for each time the amusement ride is set up or moved to a
new location, the date of first intended use at the new location and the address or a
description of the new location.
22
For permanent amusement rides, a request for inspection must be received by the department at
least 15 days before the:
19
Id.
20
Id.
21
Section 616.242(7), F.S.
22
Id. BILL: CS/CS/SB 902 Page 6
Owner’s planned opening date; or
Expiration of the prior inspection certificate.
23
For temporary amusement rides, the request for inspection must be received by the department
each time the amusement ride is set up or moved to a new location at least 14 days before the
date of first intended use at the new location.
24
In both cases, if the request for inspection is received late, the department is authorized to inspect
the amusement ride and charge a late fee. In addition, if the owner fails to timely cancel a
Request for Inspection, requests holiday or weekend inspections, or is required to have a
replacement United States Amusement ID Program (USAID) plate issued by the department, the
owner may be charged an appropriate fee.
25
Inspections are assigned on a first come, first served basis, and overflow requests will be
scheduled on the closest date to the date for which the inspection was requested. Upon failure of
an amusement ride to pass an inspection, the owner may request in writing a re-inspection. The
department is required to re-inspect the ride as soon as practical following receipt of the written
request and applicable re-inspection fees.
26
Upon passage of inspection and payment of the applicable fee, the department must issue an
inspection certificate containing the following information:
Date of inspection;
Site of the inspection; and
Name of the inspector.
27
Inspection certificates are valid only for the site stated on the certificate, for a period of not more
than six months from the date of issuance. They are not transferable and must be displayed on
the amusement ride at a place readily visible to patrons.
28
Fees
The department is required by rule to establish fees to cover the costs and expenditures
associated with the fair rides inspection program, including all direct and indirect costs. If there
is not sufficient general revenue appropriated by the Legislature, the industry is required to pay
for the remaining cost of the program.
29
Fees must be deposited in the General Inspection Trust Fund. Any owner of an amusement ride
who has not paid all the fees required under this section or who has any unpaid fine outstanding
23
Id.
24
Id.
25
Id.
26
Id.
27
Id.
28
Id.
29
Section 616.242(8), F.S. BILL: CS/CS/SB 902 Page 7
under this section are prohibited from operating any amusement ride in this state until the fees
and fines have been paid to the department.
30
The department has adopted the following fees:
31
Type of Fee
Permanent
Ride
Temporary
Ride
Annual permit fee for each kiddie amusement ride $300 $150
Annual permit fee for each non-kiddie amusement ride $400 $200
Annual permit fee for each super amusement ride $600 $300
Inspection fee per go kart, in addition to the track inspection fee $10 $10
Reinspection fee (return to site) $500 $500
Reinspection fee (return on-site) $100 $100
Fee to replace a lost U.S. Amusement Identification (USAID) plate $100 $100
Fee per amusement ride for late inspection request $100 $100
Fee per amusement ride for failure to cancel inspection request $100 $100
Additional fee per amusement ride for inspection on weekend or
state holiday
$75 $75
Inspection fee per harness, in addition to the ropes course/zip-line
permit fee
$5 $5
In order to obtain a permit to operate an amusement ride in Florida, the ride owner must obtain
injury liability insurance in the following amounts:
One million dollars minimum per occurrence; and
One million dollars in the aggregate.
32
The policies must be procured from an insurer that is:
Licensed to transact business in this state; or
Approved as a surplus lines insurer.
33
The insurance requirements do not apply to a governmental entity that is covered by the
provisions of s. 768.28(16), F.S., which authorizes the state and its agencies and subdivisions to:
Be self-insured;
Enter into risk management programs;
Purchase liability insurance for whatever coverage they may choose; or
Have any combination thereof.
34
Exemptions
The regulations related to amusement rides do not apply to the following:
Permanent facilities that employ at least 1,000 full-time employees and that maintain full-
time, in-house safety inspectors;
30
Id.
31
R. 5J-18.012, F.A.C.
32
Section 616.242(8), F.S.
33
Id.
34
Id. BILL: CS/CS/SB 902 Page 8
Any playground operated by a school, local government, or business licensed under
ch. 509, F.S., if the playground is an incidental amenity and the operating entity is not
primarily engaged in providing amusement, pleasure, thrills, or excitement;
Museums or other institutions principally devoted to the exhibition of products of agriculture,
industry, education, science, religion, or the arts;
Conventions or trade shows for the sale or exhibit of amusement rides if there are a minimum
of 15 amusement rides on display or exhibition, and if any operation of such amusement
rides is limited to the registered attendees of the convention or trade show;
Skating rinks, arcades, laser or paint ball war games, bowling alleys, miniature golf courses,
mechanical bulls, inflatable rides, trampolines, ball crawls, exercise equipment, jet skis,
paddle boats, airboats, helicopters, airplanes, parasails, hot air or helium balloons whether
tethered or untethered, theatres, batting cages, stationary spring-mounted fixtures, rider-
propelled merry-go-rounds, games, side shows, live animal rides, or live animal shows;
Go-karts operated in competitive sporting events if participation is not open to the public;
Non-motorized playground equipment that is not required to have a manager;
Coin-actuated amusement rides designed to be operated by depositing coins, tokens, credit
cards, debit cards, bills, or other cash money and which are not required to have a manager,
and which have a capacity of six persons or less;
Motorsports facilities described in s. 549.09(1)(a), F.S., when such facilities are operating
cars, trucks, or motorcycles only;
Battery-powered cars or other vehicles that are designed to be operated by children seven
years of age or under and that cannot exceed a speed of four miles per hour;
Mechanically driven vehicles that pull train cars, carts, wagons, or other similar vehicles, that
are not confined to a metal track or confined to an area but are steered by an operator and do
not exceed a speed of four miles per hour;
Water-related amusement rides operated by a business licensed under ch. 509, F.S., if the
water-related amusement ride is an incidental amenity and the operating business is not
primarily engaged in providing amusement, pleasure, thrills, or excitement and does not offer
day rates;
Amusement rides at a private, membership-only facility, if the amusement ride is an
incidental amenity, and the facility is not open to the general public; is not primarily engaged
in providing amusement, pleasure, thrills, or excitement; and does not offer day rates; and
Nonprofit permanent facilities registered under ch. 496, F.S., which are not open to the
general public.
35
The department is authorized to establish by rule exemptions from the regulations on amusement
rides for “non-motorized or human-powered amusement rides or coin-actuated amusement
rides.”
36
Inspection Standards
Amusement rides are required to adhere to the following inspection standards:
35
Section 616.242(10), F.S.
36
Id. BILL: CS/CS/SB 902 Page 9
All mechanical, structural, and electrical components that affect patron safety must be in
good working order.
All control devices, speed-limiting devices, brakes, and safety equipment designated by the
manufacturer must be in good working order.
Parts must be properly aligned and not be bent, distorted, cut, or otherwise injured to force a
fit. Parts requiring lubrication must be lubricated in the course of assembly. Fastening and
locking devices must be installed where required for safe operation.
Before being used by the public, an amusement ride must be placed or secured with blocking,
cribbing, outriggers, guys, or other means so as to be stable under all operating conditions.
Areas in which patrons may be endangered by the operation of an amusement ride must be
fenced, barricaded, or otherwise effectively guarded against inadvertent contact.
Machinery used in or with an amusement ride must be enclosed, barricaded, or otherwise
effectively guarded against inadvertent contact.
An amusement ride powered so as to be capable of exceeding its maximum safe operating
speed must be provided with a maximum-speed-limiting device.
The interior and exterior parts of all patron-carrying amusement rides with which a patron
may come in contact must be smooth and rounded and free from sharp, rough, or splintered
edges and corners, with no projecting studs, bolts, screws, or other projections which might
cause injury.
Signs that advise or warn patrons of age restrictions, size restrictions, health restrictions,
weight limitations, or any other special consideration or use restrictions required or
recommended for the amusement ride by the manufacturer must be prominently displayed at
the patron entrance of each amusement ride.
All amusement rides must comply with the section of law governing amusement rides and
related rules.
37
Major Modifications
After an amusement ride has undergone a major modification, and prior to the time it is placed in
operation, a Florida licensed professional engineer must certify that the amusement ride is in
compliance with the entire section of law governing amusement ride safety, and all related
rules.
38
Entry for Inspections
Authorized department employees may enter unannounced and inspect amusement rides at any
time in a reasonable manner. Such employees are authorized to:
Question any owner or manager;
Inspect, investigate, photograph, and sample all pertinent places, areas, and devices; and
Conduct all appropriate tests including nondestructive testing.
39
37
Section 616.242(11), F.S.
38
Section 616.242(12), F.S.
39
Section 616.242(13), F.S. BILL: CS/CS/SB 902 Page 10
The department is authorized to impose fees for unannounced inspections and recover the cost of
related tests.
40
Reporting and Investigating Accidents and Defects
Accidents that the owner or manager have knowledge or, through the exercise of reasonable
diligence should have knowledge, and for which a patron is transported to a hospital as defined
in ch. 395, F.S., must be reported by the owner or manager to the department. Such reporting
must be conducted by telephone within four hours after the accident and followed up by a written
report to the department within 24 hours after the accident.
Any mechanical, structural, or electrical defects affecting patron safety for which an amusement
ride is closed to patron use for more than four hours must be reported by the owner or manager
to the department by telephone or facsimile within eight hours after the closing of the ride. A
written report of the closing must be filed by the owner or manager with the department within
24 hours after the ride closes.
In addition, the department is authorized to impound amusement rides that have:
Been involved in an accident for which a patron is transported to a hospital as defined in
ch. 395, F.S.; or
A mechanical, structural, or electrical defect affecting patron safety.
In cases of impoundment, the department is authorized to impound any other amusement ride of
a similar make and model and perform all necessary tests to determine the cause of the accident,
defect, or safety of the ride and any other ride of a similar make and model. The ride owners are
responsible for the cost of impoundment and related testing.
41
Owner/Manager Inspections
Prior to opening each day of operation, and before any inspection by the department, the owner
or manager of an amusement ride is required to inspect and test the ride to ensure compliance
with all requirements of the law governing amusement rides. Each inspection must be recorded
on a form prescribed by department rule and signed by the person who conducted the
inspection.
42
In lieu of using the department form, an owner or manager may request approval of an
alternative form, which must include at least the information required on the department form.
Inspection records of the last 14 daily inspections must be:
Kept on site by the owner or manager; and
Made immediately available to the department upon request.
43
40
Id.
41
Section 616.242(14), F.S.
42
Section 616.242(15), F.S.
43
Id. BILL: CS/CS/SB 902 Page 11
Employee Training
Owners or managers of amusement rides are required to:
Maintain a record of employee training for each employee who is authorized to operate,
assemble, disassemble, transport, or conduct maintenance on an amusement ride; and
Certify that each employee is trained on the amusement ride for which the employee is
responsible.
44
The training record must be kept on site by the owner or manager and made immediately
available to the department upon request. In lieu of using the department form, the owner or
manager may request approval of an alternative form.
45
Training is prohibited when an
amusement ride is open to the public, unless the training is conducted under the supervision of an
employee who is trained in the operation of that ride.
46
Enforcement and Penalties
The department has the authority to deny, suspend for up to one year, or revoke any permit or
inspection certificate. In addition, the department may impose an administrative fine pursuant to
s. 570.971, F.S., not to exceed $2,500 per violation, for each day the violation exists, against the
owner of the amusement ride if the department finds that an amusement ride has operated or is
operating:
With a mechanical, structural, or electrical defect that affects patron safety, of which the
owner or manger has knowledge, or, through the exercise of reasonable diligence, should
have knowledge;
In a manner or circumstance that presents a risk of serious injury to patrons;
At a speed in excess of its maximum safe operating speed;
In violation of department rules or state law; or
In violation of an order of the department or any court.
The department also has the authority to deny, suspend, revoke any permit, and impose fines if
an owner, manager, or operator is under the influence of drugs or alcohol in the course of his or
her duties.
47
The department is required, in its order suspending a permit or inspection certificate, to specify
the period during which the suspension is effective, which may not exceed one year. The permit
or inspection certificate must remain suspended during the period, subject to any rescission or
modification of the order by the department or modification or reversal by the court, prior to
expiration of the suspension period.
48
The owner of an amusement ride whose permit or inspection certificate has been revoked by the
department may not apply for another permit or inspection certificate for the amusement ride
44
Section 616.242(16), F.S.
45
Id.
46
Id.
47
Section 616.242(19), F.S.
48
Id. BILL: CS/CS/SB 902 Page 12
within two years after the date of the revocation. If judicial review is sought and a stay of the
revocation is obtained, the owner may not apply for another permit or inspection certificate
within two years after the final order of the court sustaining the revocation.
49
During the period of suspension or revocation, the owner may not engage in or attempt to engage
in any operation of the amusement ride for which a permit or inspection certificate is required.
50
When a department imposed suspension period has expired, the owner may reapply for a new
permit or inspection certificate by submitting a complete application to the department.
51
In addition, and notwithstanding the existence of any adequate remedy at law, the department is
authorized to bring an action to enjoin the violation of any provision, or rules adopted, under this
section, in the circuit court of the county in which the violation occurs or is about to occur. Upon
competent and substantial evidence presented by the department, the court is required to
immediately issue the temporary or permanent injunction sought by the department without
bond.
52
In addition to the penalties, the department is authorized to issue a letter of warning to the owner
of the ride specifying the violation and requiring immediate corrective action.
53
Any person who knowingly violates any of the provisions of the regulations governing
amusement rides commits a misdemeanor of the second degree, punishable as provided in
s. 775.082 or s. 775.083, F.S.
54
Consumer Product Safety Commission
The Consumer Product Safety Commission (Commission) is charged with protecting the public
from unreasonable risks of injury or death associated with the use of the thousands of types of
consumer products under the Commission’s jurisdiction. The Consumer Product Safety Act
(Act)
55
authorizes the Commission to investigate serious accidents involving portable carnival
rides, inflatables, and go-karts. Amusement rides operated at permanent parks (“permanently
fixed to a site”) are exempt from compliance with the Act.
56
Ride manufacturers or owner/operators are required to notify the Commission if they obtain
information which reasonably supports the conclusion that a portable amusement ride, inflatable
device, go-kart or other non-exempt amusement device:
49
Id.
50
Id.
51
Id.
52
Id.
53
Id.
54
Id.
55
15 U.S.C. ch. 47 § 2051 et seq.
56
Saferparks, U.S. Federal and State Amusement Ride Regulation, https://ridesdatabase.org/saferparks/u-s-regulatory-
agencies/ (last visited February 28, 2023) BILL: CS/CS/SB 902 Page 13
Fails to comply with a consumer product safety standard or banning regulation established by
the omission or a voluntary consumer product safety standard upon which the Commission
has relied under s. 9 of the Act;
Contains a defect which could create a substantial product hazard described in s.15(a)(2) of
the Act; or
Creates an unreasonable risk of serious injury or death.
57
The Commission does not provide for an inspection program.
Other States
According to a consumer safety organization, Saferparks.org, the research of amusement ride
laws in 50 states found the following:
58
Degree of Oversight Number of States
Comprehensive Government Oversight 20 States (Including Florida)
Partial Government Oversight 12 States
Private Sector Oversight 9 States
No State Agency with Jurisdiction 8 States
Electrical Inspections Only 1 State
III. Effect of Proposed Changes:
This act may be cited as the “Tyre Sampson Act.”
The bill significantly amends ch. 616, F.S., relating to the regulation of amusement rides. The
bill amends the definition of “major modification” and provides a definition for the term “ride
commissioning and certification report.”
The bill provides new requirements for permanent and temporary amusement rides and requires
that each permanent or temporary amusement ride operated for the first time after July 1, 2023,
have a ride commissioning and certification report on file with the Department of Agriculture
and Consumer Services (department) before the ride’s first inspection and a permit is issued.
The bill provides exemptions for temporary amusement rides from required permit to include
previously permitted rides at private events and kiddie rides at public events not exceeding three
amusement rides.
The bill requires that nonvisual nondestructive testing must be used when it cannot be adequately
evaluated by other means. The bill also requires that the type of nondestructive testing required
or recommended by the affiant must include the manufacturer’s requirements and
recommendations. If there is no additional nondestructive testing, the affiant must affirm the
manufacturer’s requirements are sufficient for safe operation.
57
Id.
58
Id. BILL: CS/CS/SB 902 Page 14
The bill creates new reporting requirements for an affidavit of nondestructive testing. The
affidavit of nondestructive testing must include the following:
That all the ride manufacturer’s nondestructive testing requirements and recommendations
are current;
That the components of the amusement ride for which the affiant, in addition to the
manufacturer’s requirements and recommendations, has recommended or required
nondestructive testing;
That the ride is in conformance with the requirements of statute and applicable department
rules;
Whether the amusement ride went under a major modification, the name of the person who
authorized the modification and the date the modification took place; and
That the amusement ride and its components are in conformance with the services life
specified by the manufacturer.
The bill requires that the proper positioning and measurements for patron safety restraint systems
must be provided to the department prior to inspection. It also provides that if rider restrictions
are not provided from the manufacturer, the owner or manager must provide the department with
documentation from the manufacturer stating that such restrictions are not necessary for safe
operation.
The bill permits the department to prepare a written report of each investigation it conducts. The
bill also changes the accident reporting requirements for owners and managers following an
accident, and changes the parameters in which the department is permitted to impound an
amusement ride involved in an accident.
The bill requires the department to establish by rule, minimum training and retraining standards,
and the frequency of employee training for all amusement rides. The bill also creates the
requirement that the owner or manager of an amusement ride shall immediately document all
training following each training session.
The bill takes effect on July 1, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None. BILL: CS/CS/SB 902 Page 15
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
This bill may result in additional inspections and/or closures of amusement rides. The
fiscal impact on owners and/or operators would be difficult to determine due to
complexity of the rides and additional requirements.
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C. Government Sector Impact:
The Department of Agriculture and Consumer Services (department) estimates that
implementation of the bill would require additional resources. The department estimates
18 additional positions, and $1,409,949 in recurring funds and $791,204 in nonrecurring
funds from the General Revenue Fund, will be needed in Fiscal Year 2023-2024.
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VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
59
Department of Agriculture and Consumer Services, Senate Bill 902 Fiscal Analysis (Mar. 8, 2023) (on file with the Senate
Agriculture Committee)
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Id. BILL: CS/CS/SB 902 Page 16
VIII. Statutes Affected:
This bill substantially amends section 616.242 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Appropriations Committee on Agriculture, Environment, and General
Government on April 18, 2023:
The committee substitute:
Removes the definition of “nationally recognized testing laboratory” and revises the
term “major modification.”
Removes requirement for each permanent or temporary amusement ride operated for
the first time after July 1, 2023, to have a ride commissioning and certification report
on file with the Department of Agriculture and Consumer Services (department)
before the ride’s first inspection and a permit is issued pursuant to s. 616.242(4), F.S.
Removes requirement for a longitudinal record regarding accidents involving rides an
operator previously owned, or operated from the permanent and temporary
amusement ride permit applications.
Removes requirement that the amusement ride is in conformance with all of the
manufacturer’s required or recommended bulletins from the affidavit of
nondestructive testing.
Eliminates a duplicative provision regarding the department’s authority to conduct
unannounced inspections.
Removes sensor and other limiting devices related to patron safety restraint system
adjustments prohibition.
Revises the proper positioning and measurements requirement to include the
demonstration of proper patron loading procedures related to safety restraint systems
and that they all must be provided to the department upon request.
CS by Agriculture on March 13, 2023:
The committee substitute revises specifications related to the patron safety restraint
systems. Any ride that rises more than 100 feet, must include redundant restraints, such
as seat belts and safety bars.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.