Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1228
       
       
       
       
       
       
                                Ì238626;Î238626                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2020           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Agriculture (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 331 - 568
    4  and insert:
    5         (a) In order to obtain an annual or a temporary amusement
    6  ride permit, an amusement ride must be inspected by the
    7  department.
    8         1.A in accordance with subsection (11) and receive an
    9  inspection certificate. In addition, each permanent amusement
   10  ride must be inspected semiannually by the department in
   11  accordance with subsection (11) and receive an inspection
   12  certificate, and each temporary amusement ride must be inspected
   13  by the department in accordance with subsection (11), and must
   14  receive an inspection certificate each time the ride is set up
   15  or moved to a new location in this state unless the temporary
   16  amusement ride is exempt from the required inspection if it is:
   17         a.1. Used at a private event;
   18         b.2. A simulator, the capacity of which does not exceed 16
   19  persons; or
   20         c.3. A kiddie ride used at a public event, provided that
   21  not there are no more than three amusement rides are at the
   22  event, none of the kiddie rides at the event do not exceed
   23  exceeds a capacity of 12 persons, and the kiddie ride passed a
   24  department inspection and was issued a permit has an inspection
   25  certificate that was issued within the preceding 6 months. The
   26  capacity of a kiddie ride shall be determined by department rule
   27  of the department, unless the capacity of the ride has been
   28  determined and specified by the manufacturer. Any owner or
   29  manager of a kiddie ride operating under this exemption is
   30  responsible for ensuring that not no more than three amusement
   31  rides are operated at the event. The department shall inspect
   32  permanent amusement rides 6 months after the issuance of the
   33  annual permit.
   34         2.(b)The required inspection may be waived for a permanent
   35  amusement ride if it was inspected and certified by an
   36  accredited trade organization as defined by department rule To
   37  obtain a department inspection for an amusement ride, the owner
   38  must submit to the department on a form prescribed by rule of
   39  the department a written Request for Inspection. The owner must
   40  provide the following information to the department:
   41         1.The legal name, address, and primary place of business
   42  of the owner.
   43         2.A description, manufacturer’s name, serial number, model
   44  number, and the United States Amusement Identification Number,
   45  if previously assigned, of the amusement ride.
   46         3.For a temporary amusement ride, for each time the
   47  amusement ride is set up or moved to a new location, the date of
   48  first intended use at the new location and the address or a
   49  description of the new location.
   50         (c)For permanent amusement rides, the request for
   51  inspection must be received by the department at least 15 days
   52  before the owner’s planned opening date or at least 15 days
   53  before the expiration of the prior inspection certificate. If
   54  the request for inspection is received less than 15 days before
   55  the owner’s planned opening date or less than 15 days before the
   56  expiration of the prior inspection certificate, the department
   57  may nevertheless inspect the amusement ride and charge a late
   58  fee, as set by rule of the department.
   59         (d)For temporary amusement rides, the request for
   60  inspection must be received by the department for each time the
   61  amusement ride is set up or moved to a new location at least 14
   62  days before the date of first intended use at the new location.
   63  If the request for inspection is received less than 14 days
   64  before the date of first intended use at the new location, the
   65  department may nevertheless inspect the amusement ride and
   66  charge a late fee, as set by rule of the department.
   67         (b)(e) Inspections must will be assigned on a first-come,
   68  first-served first come, first served basis, and overflow
   69  requests must will be scheduled on the closest date to the date
   70  for which the inspection was requested.
   71         (c)(f) Upon failure of an amusement ride to pass any
   72  department inspection, the owner or manager may request
   73  reinspection, which must shall be submitted in writing to the
   74  department on a form prescribed by department rule of the
   75  department. The department shall reinspect the amusement ride as
   76  soon as practicable after practical following receipt of the
   77  written request for reinspection and any applicable reinspection
   78  fees set by department rule of the department. Inspections must
   79  will be assigned on a first-come, first-served first come, first
   80  served basis, and the overflow requests must will be scheduled
   81  on the closest date to the date for which the inspection was
   82  requested.
   83         (g)If the amusement ride passes inspection and the owner
   84  pays the applicable fee set by rule of the department, the
   85  department shall issue an inspection certificate on a form
   86  prescribed by rule of the department.
   87         (h)The inspection certificate must contain the date of
   88  inspection, the site of the inspection, and the name of the
   89  inspector.
   90         (i)The inspection certificate is valid only for the site
   91  stated on the inspection certificate. The inspection certificate
   92  is valid for a period of not more than 6 months from the date of
   93  issuance, and is not transferable.
   94         (j)The inspection certificate must be displayed on the
   95  amusement ride at a place readily visible to patrons of the
   96  amusement ride.
   97         (d)(k) If the owner or manager fails to timely cancel a
   98  scheduled Request for inspection, requests holiday or weekend
   99  inspections, or is required to have a replacement USAID plate
  100  issued by the department, the owner or manager may be charged an
  101  appropriate fee to be set by department rule of the department.
  102         (e)In order to align inspection dates at permanent
  103  facilities, the department may shorten or extend the 6-month
  104  inspection interval. Fees for rides with shortened inspection
  105  intervals must be prorated. Extensions of inspection intervals
  106  may not exceed 2 months.
  107         (9)(8) FEES.—
  108         (a) The department shall by rule establish by rule fees to
  109  cover the costs and expenditures associated with the fair rides
  110  inspection program, including all direct and indirect costs. If
  111  the Legislature does not appropriate there is not sufficient
  112  general revenue sufficient to cover such costs and expenditures
  113  appropriated by the Legislature, the industry shall pay for the
  114  remainder remaining cost of the program. The fees must be
  115  deposited in the General Inspection Trust Fund.
  116         (b) An Any owner or manager of an amusement ride who has
  117  not paid all the fees required under this section or who has any
  118  unpaid fine outstanding under this section may not operate any
  119  amusement ride in this state until the fees or and fines have
  120  been paid to the department.
  121         (10)(9) INSURANCE REQUIREMENTS.—
  122         (a) An owner or manager may not operate an amusement ride
  123  unless the owner or manager has in effect at all times of
  124  operation an insurance policy in an amount of at least $1
  125  million per occurrence, $1 million in the aggregate, which
  126  insures the owner or manager of the amusement ride against
  127  liability for injury to persons arising out of the use of the
  128  amusement ride.
  129         (b) The policy must be procured from an insurer that is
  130  licensed to transact business in this state or that is approved
  131  as a surplus lines insurer.
  132         (c) The insurance requirements imposed under This
  133  subsection does do not apply to a governmental entity that is
  134  covered under by the provisions of s. 768.28(16).
  135         (11)(10) EXEMPTIONS.—
  136         (a) This section does not apply to:
  137         1. Permanent facilities that employ at least 1,000 full
  138  time employees and that maintain full-time, in-house safety
  139  inspectors. However Furthermore, the permanent facilities must
  140  file an affidavit of the annual inspection with the department,
  141  on a form prescribed by department rule of the department.
  142  Additionally, The department of Agriculture and Consumer
  143  Services may consult annually with the permanent facilities
  144  regarding industry safety programs.
  145         2. Any playground operated by a school, a local government,
  146  or a business licensed under chapter 509, if the playground is
  147  an incidental amenity and the operating entity is not primarily
  148  engaged in providing amusement, pleasure, thrills, or
  149  excitement.
  150         3. Museums or other institutions principally devoted to the
  151  exhibition of products of agriculture, industry, education,
  152  science, religion, or the arts.
  153         4.Conventions or trade shows for the sale or exhibit of
  154  amusement rides if there are a minimum of 15 amusement rides on
  155  display or exhibition and if any operation of such amusement
  156  rides is limited to the registered attendees of the convention
  157  or trade show.
  158         5. Skating rinks;, arcades;, laser or paint ball war
  159  games;, bowling alleys;, miniature golf courses;, mechanical
  160  bulls;, inflatable rides;, trampolines;, ball crawls;, exercise
  161  equipment;, jet skis;, paddle boats;, airboats;, helicopters;,
  162  airplanes;, parasails;, hot air or helium balloons, whether
  163  tethered or untethered;, theatres;, batting cages;, stationary
  164  spring-mounted fixtures;, rider-propelled merry-go-rounds;,
  165  games;, side shows;, live animal rides;, or live animal shows.
  166         4.6. Go-karts operated in competitive sporting events if
  167  participation is not open to the public.
  168         (b)All of the following are exempt from subsections (5),
  169  (6), (8) and (9), but may be inspected by the department
  170  following a complaint or pursuant to an accident that is
  171  required to be reported under subsection (15), and such
  172  exemption may be removed if the exempted amusement ride is found
  173  to have been operating in a manner or circumstance that presents
  174  a risk or resulted in a serious injury to patrons:
  175         1.Museums or other institutions principally devoted to the
  176  exhibition of products of agriculture, industry, education,
  177  science, religion, or the arts.
  178         2.Conventions or trade shows for the sale or exhibit of
  179  amusement rides if there are a minimum of 15 amusement rides on
  180  display or exhibition and if any operation of such amusement
  181  rides is limited to the registered attendees of the convention
  182  or trade show.
  183         3.7. Nonmotorized playground equipment that is not required
  184  to have a manager.
  185         4.8. Coin-actuated amusement rides designed to be operated
  186  by depositing coins, tokens, credit cards, debit cards, bills,
  187  or other cash money and which are not required to have a
  188  manager, and which have a capacity of six persons or less.
  189         5.9. Facilities described in s. 549.09(1)(a) when such
  190  facilities are operating cars, trucks, or motorcycles only.
  191         6.10. Battery-powered cars or other vehicles that are
  192  designed to be operated by children 7 years of age or under and
  193  that cannot exceed a speed of 4 miles per hour.
  194         7.11.Mechanically driven vehicles that pull train cars,
  195  carts, wagons, or other similar vehicles, that are not confined
  196  to a metal track or confined to an area but are steered by an
  197  operator and do not exceed a speed of 4 miles per hour.
  198         8.12. A water-related amusement ride operated by a business
  199  licensed under chapter 509 if the water-related amusement ride
  200  is an incidental amenity and the operating business is not
  201  primarily engaged in providing amusement, pleasure, thrills, or
  202  excitement and does not offer day rates.
  203         9.13. An amusement ride at a private, membership-only
  204  facility if the amusement ride is an incidental amenity and the
  205  facility is not open to the general public; is not primarily
  206  engaged in providing amusement, pleasure, thrills, or
  207  excitement; and does not offer day rates.
  208         10.14. A nonprofit permanent facility registered under
  209  chapter 496 which is not open to the general public.
  210         (c)(b) The department may, by rule, establish by rule
  211  exemptions from this section for specific rides or types of
  212  rides nonmotorized or human-powered amusement rides or coin
  213  actuated amusement rides.
  214         (12)(11) INSPECTION STANDARDS.—An amusement ride must
  215  conform to and must be inspected by the department in accordance
  216  with the following standards:
  217         (a) All mechanical, structural, and electrical components
  218  that affect patron safety must be in good working order.
  219         (b) All control devices, speed-limiting devices, brakes,
  220  and safety equipment designated by the manufacturer must be in
  221  good working order.
  222         (c) Parts must be properly aligned, and they may not be
  223  bent, distorted, cut, or otherwise injured to force a fit. Parts
  224  requiring lubrication must be lubricated in the course of
  225  assembly. Fastening and locking devices must be installed when
  226  where required for safe operation.
  227         (d) Before being used by the public, An amusement ride must
  228  be placed or secured with blocking, cribbing, outriggers, guys,
  229  or other means so as to be stable under all operating
  230  conditions.
  231         (e) Areas in which patrons may be endangered by the
  232  operation of an amusement ride must be fenced, barricaded, or
  233  otherwise effectively guarded against inadvertent contact.
  234         (f) Machinery used in or with an amusement ride must be
  235  enclosed, barricaded, or otherwise effectively guarded against
  236  inadvertent contact.
  237         (g) An amusement ride powered so as to be capable of
  238  exceeding its maximum safe operating speed must be provided with
  239  a maximum-speed-limiting device.
  240         (h) The interior and exterior parts of all patron-carrying
  241  amusement rides with which a patron may come in contact must be
  242  smooth and rounded and free from sharp, rough, or splintered
  243  edges and corners, and from with no projecting studs, bolts, and
  244  screws, or other projections that which might cause injury.
  245         (i) Signs that advise or warn patrons of age restrictions,
  246  size restrictions, health restrictions, weight limitations, or
  247  any other special consideration or use restrictions required or
  248  recommended for the amusement ride by the manufacturer must
  249  shall be prominently displayed at the patron entrance of each
  250  amusement ride.
  251         (j) All amusement rides presented for inspection as ready
  252  for operation or in operation must comply with this section and
  253  department rule the rules adopted hereunder.
  254         (k)A sign containing the toll-free number of the
  255  department and informing patrons that they may contact the
  256  department with complaints or concerns regarding the operation
  257  of amusement rides must be posted in a manner conspicuous to the
  258  public at each entrance of a temporary amusement ride facility.
  259  The
  260  
  261  ================= T I T L E  A M E N D M E N T ================
  262  And the title is amended as follows:
  263         Delete lines 13 - 15
  264  and insert:
  265         providing exemptions from provisions relating to
  266         permits, testing, inspections, and fees for certain
  267         museums, institutions, specific ride types, and
  268         facilities; authorizing the department to establish
  269         exemptions from safety standards for specific rides
  270         and types of rides; revising inspection standards for
  271         amusement