Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 902
       
       
       
       
       
       
                                Ì441816-Î441816                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2023           .                                
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       The Appropriations Committee on Agriculture, Environment, and
       General Government (Thompson) recommended the following:
    1  
    2         Senate Amendment (with title amendment)
    3         Delete lines 60 - 384
    4  and insert:
    5         Section 2. Present paragraphs (r) through (u) of subsection
    6  (3) of section 616.242, Florida Statutes, are redesignated as
    7  paragraphs (s) through (v), respectively, a new paragraph (r) is
    8  added to that subsection and paragraph (g) is added to
    9  subsection (6) of that section, and paragraph (h) of subsection
   10  (3), paragraph (b) of subsection (5), paragraphs (b) and (f) of
   11  subsection (6), subsection (7), paragraph (a) of subsection (8),
   12  paragraph (b) of subsection (11), subsections (12) and (14),
   13  paragraphs (a) and (c) of subsection (15), and subsections (16),
   14  (17), and (19) of that section are amended, to read:
   15         616.242 Safety standards for amusement rides.—
   16         (3) DEFINITIONS.—As used in this section, the term:
   17         (h) “Major modification” means any change in the structural
   18  characteristics, or operational characteristics, or safety
   19  systems of an amusement ride which will alter its performance or
   20  settings from those that specified in the manufacturer’s design
   21  criteria or operator’s manual.
   22         (r)“Ride commissioning and certification report” means a
   23  commissioning and certification report by the ride manufacturer
   24  which certifies that the ride has been designed and manufactured
   25  in conformance with the manufacturer’s design criteria,
   26  standards referenced in this section, and rules adopted by the
   27  department.
   28         (5) PERMANENT AMUSEMENT RIDE ANNUAL PERMIT.—
   29         (b) To apply for an annual permit, an owner or manager must
   30  submit to the department a written application on a form
   31  prescribed by department rule, which must include all of the
   32  following:
   33         1. The legal name, address, e-mail address, and primary
   34  place of business of the owner or manager, as applicable.
   35         2. A description, manufacturer’s name, serial number, model
   36  number, and, if previously assigned, the United States Amusement
   37  Identification Number of the amusement ride.
   38         3. A valid certificate of insurance for each amusement
   39  ride.
   40         4. If required under subsection (7), An annual affidavit of
   41  compliance and nondestructive testing certifying that the
   42  amusement ride was inspected in person by the affiant and that
   43  the amusement ride is in general conformance with the
   44  requirements of this section and all applicable department
   45  rules. The affidavit must have been executed by a professional
   46  engineer or a qualified inspector within the last calendar year.
   47         5. The owner or manager shall, At no cost to the
   48  department, provide the department an electronic copy of the
   49  manufacturer’s current recommended operating instructions, the
   50  owner’s operating fact sheet, and any written bulletins
   51  concerning the safety, operation, or maintenance of the
   52  amusement ride.
   53         6.Beginning July 1, 2023, a ride commissioning and
   54  certification report for each permanent amusement ride operated
   55  for the first time in this state after July 1, 2023.
   56         (6) TEMPORARY AMUSEMENT RIDE PERMIT.—
   57         (b) To apply for a permit, an owner or manager must submit
   58  to the department a written application on a form prescribed by
   59  department rule. The written application, which must include all
   60  of the following:
   61         1. The legal name, address, e-mail address, and primary
   62  place of business of the owner or manager, as applicable.
   63         2. A description, manufacturer’s name, serial number, model
   64  number, and, if previously assigned, the United States Amusement
   65  Identification Number of the amusement ride.
   66         3. A valid certificate of insurance for each amusement
   67  ride.
   68         4. If required under subsection (7), An affidavit of
   69  compliance and nondestructive testing certifying that the
   70  amusement ride was inspected in person by the affiant and that
   71  the amusement ride is in general conformance with the
   72  requirements of this section and all applicable department
   73  rules. The affidavit must be executed by a professional engineer
   74  or a qualified inspector.
   75         5. The owner or manager shall, At no cost to the
   76  department, provide the department an electronic copy of the
   77  manufacturer’s current recommended operating instructions, the
   78  operating fact sheet, and any written bulletins concerning the
   79  safety, operation, or maintenance of the amusement ride.
   80         (f) A temporary amusement ride is exempt from the required
   81  permit if it is:
   82         1.Used at a private event and was issued a permit within
   83  the preceding 6 months; or
   84         2.A kiddie ride used at a public event, provided that not
   85  more than three amusement rides are at the event, the kiddie
   86  rides at the event do not exceed a capacity of 12 persons, and
   87  the kiddie ride passed a department inspection and was issued a
   88  permit within the preceding 6 months. Unless the capacity of the
   89  ride has been determined and specified by the manufacturer, the
   90  department shall determine the capacity of the kiddie ride by
   91  rule. An owner or a manager of a kiddie ride operating under
   92  this exemption is responsible for ensuring that not more than
   93  three amusement rides are operated at the event.
   94         (g) The permit must be displayed in an accessible location
   95  on the amusement ride.
   96         (7) NONDESTRUCTIVE TESTING; ANNUAL AFFIDAVIT; EXEMPTIONS.—
   97         (a) Except as provided in paragraph (d), An owner or
   98  manager may not operate an amusement ride unless the owner or
   99  manager at all times has a current affidavit of nondestructive
  100  testing from a professional engineer or qualified inspector that
  101  the amusement ride has undergone nondestructive testing to
  102  verify the integrity of all components for metal fatigue at
  103  least annually. The nondestructive testing for metal fatigue
  104  must be conducted more often than annually if required by any
  105  rule adopted under this section, by the manufacturer of the
  106  amusement ride, or by the professional engineer or qualified
  107  inspector executing the affidavit of nondestructive testing. The
  108  nondestructive testing for metal fatigue must consist at least
  109  of visual nondestructive testing, as well as nonvisual
  110  nondestructive testing for metal fatigue, which must be
  111  conducted on the components of the amusement ride as required by
  112  any rule adopted under this section, by the manufacturer of the
  113  amusement ride, or by the professional engineer or qualified
  114  inspector executing the affidavit of nondestructive testing.
  115         (b) Nonvisual nondestructive testing must be used to verify
  116  the integrity of components that, due to their design, location,
  117  installation, or a combination thereof, cannot be adequately
  118  evaluated by other means.
  119         (c) Nondestructive testing testings must be performed by a
  120  technician who meets the requirements prescribed by department
  121  rule.
  122         (d)(c) An affidavit of nondestructive testing, on a form
  123  prescribed by department rule, must state, at a minimum, all of
  124  the following:
  125         1. That the amusement ride was inspected in person by the
  126  affiant.
  127         2. That all of the manufacturer’s nondestructive testing
  128  requirements and recommendations are current.
  129         3. That the nondestructive testing was performed by a
  130  qualified nondestructive testing technician.
  131         4. The components of the amusement ride for which the
  132  manufacturer has recommended or required nondestructive testing.
  133         5. The type of nondestructive testing required or
  134  recommended by the manufacturer.
  135         6. The frequency of the nondestructive testing required or
  136  recommended by the manufacturer.
  137         7. The components of the amusement ride for which the
  138  affiant, in addition to the manufacturer’s requirements and
  139  recommendations, has recommended or required nondestructive
  140  testing.
  141         8. The type of nondestructive testing required or
  142  recommended by the affiant in addition to the manufacturer’s
  143  requirements and recommendations. If the affiant does not
  144  require or recommend additional nondestructive testing, the
  145  affiant must affirm that the manufacturer’s requirements are
  146  sufficient for the safe operation of the amusement ride.
  147         9. The frequency of the nondestructive testing as required
  148  or recommended by the affiant.
  149         10. That visual nondestructive testing is adequate for the
  150  amusement ride to be in general conformance with the
  151  requirements of this section and all applicable rules, only if
  152  only visual nondestructive testing is required or recommended by
  153  the manufacturer or the affiant.
  154         11.That the amusement ride is in conformance with the
  155  requirements of this section and all applicable department
  156  rules.
  157         12.Whether the amusement ride has undergone a major
  158  modification and, if so, the name of the manager, owner, or
  159  operator who authorized the modification and the date the
  160  modification took place.
  161         13.That the amusement ride and its components are in
  162  conformance with the service life specified by the manufacturer.
  163         (e)(d)Nonvisual nondestructive testing is not required for
  164  fun houses, houses of mirrors, haunted houses, mazes, wave
  165  pools, wave-making devices, kiddie pools, slides that are fully
  166  supported by an earthen mound, nonmotorized playground equipment
  167  that requires a manager, or lazy-river-type nonmotorized
  168  floating carriers propelled by water.
  169         (8) DEPARTMENT INSPECTIONS.—
  170         (a) In order to obtain an annual or a temporary amusement
  171  ride permit, an amusement ride must be inspected by the
  172  department.
  173         1.A temporary amusement ride is exempt from the required
  174  inspection if it is:
  175         a.Used at a private event;
  176         b.A simulator, the capacity of which does not exceed 16
  177  persons; or
  178         c.A kiddie ride used at a public event, provided that not
  179  more than three amusement rides are at the event, the kiddie
  180  rides at the event do not exceed a capacity of 12 persons, and
  181  the kiddie ride passed a department inspection and was issued a
  182  permit within the preceding 6 months. The capacity of a kiddie
  183  ride shall be determined by department rule, unless the capacity
  184  of the ride has been determined and specified by the
  185  manufacturer. Any owner or manager of a kiddie ride operating
  186  under this exemption is responsible for ensuring that not more
  187  than three amusement rides are operated at the event.
  188         2. The department shall inspect permanent amusement rides 6
  189  months after the issuance of the annual permit. The required
  190  inspection may be waived for a permanent amusement ride if it
  191  was inspected and certified by an accredited trade organization
  192  as defined by department rule.
  193         (11) EXEMPTIONS.—
  194         (b) All of the following are exempt from subsections (5),
  195  (6), (8), and (9), but may be inspected by the department upon
  196  request following a complaint or pursuant to an accident that is
  197  required to be reported under subsection (15), and such
  198  exemption may be removed if the exempted amusement ride is found
  199  to have been operating in a manner or circumstance that presents
  200  a risk or resulted in a serious injury to patrons:
  201         1. Museums or other institutions principally devoted to the
  202  exhibition of products of agriculture, industry, education,
  203  science, religion, or the arts.
  204         2. Conventions or trade shows for the sale or exhibit of
  205  amusement rides if there are a minimum of 15 amusement rides on
  206  display or exhibition and if any operation of such amusement
  207  rides is limited to the registered attendees of the convention
  208  or trade show.
  209         3. Nonmotorized playground equipment that is not required
  210  to have a manager.
  211         4. Coin-actuated amusement rides designed to be operated by
  212  depositing coins, tokens, credit cards, debit cards, bills, or
  213  other cash money and which are not required to have a manager,
  214  and which have a capacity of six persons or less.
  215         5. Facilities described in s. 549.09(1)(a) when such
  216  facilities are operating cars, trucks, or motorcycles only.
  217         6. Battery-powered cars or other vehicles that are designed
  218  to be operated by children 7 years of age or under and that
  219  cannot exceed a speed of 4 miles per hour.
  220         7. Mechanically driven vehicles that pull train cars,
  221  carts, wagons, or other similar vehicles, that are not confined
  222  to a metal track or confined to an area but are steered by an
  223  operator and do not exceed a speed of 4 miles per hour.
  224         8. A water-related amusement ride operated by a business
  225  licensed under chapter 509 if the water-related amusement ride
  226  is an incidental amenity and the operating business is not
  227  primarily engaged in providing amusement, pleasure, thrills, or
  228  excitement and does not offer day rates.
  229         9. An amusement ride at a private, membership-only facility
  230  if the amusement ride is an incidental amenity and the facility
  231  is not open to the general public; is not primarily engaged in
  232  providing amusement, pleasure, thrills, or excitement; and does
  233  not offer day rates.
  234         10. A nonprofit permanent facility registered under chapter
  235  496 which is not open to the general public.
  236         (12) INSPECTION STANDARDS.—An amusement ride must conform
  237  to all of the following standards:
  238         (a) All mechanical, structural, and electrical components
  239  that affect patron safety must be in good working order.
  240         (b) All control devices, speed-limiting devices, brakes,
  241  and safety equipment must be in good working order.
  242         (c) Parts must be properly aligned and may not be bent,
  243  distorted, cut, or otherwise injured to force a fit. Parts
  244  requiring lubrication must be lubricated in the course of
  245  assembly. Fastening and locking devices must be installed when
  246  required for safe operation.
  247         (d) The proper positioning, measurements, and demonstration
  248  of proper patron loading procedures related to patron safety
  249  restraint systems must be provided to the department upon
  250  request.
  251         (e) An amusement ride must be placed or secured with
  252  blocking, cribbing, outriggers, guys, or other means so as to be
  253  stable under all operating conditions.
  254         (f)(e) Areas in which patrons may be endangered by the
  255  operation of an amusement ride must be fenced, barricaded, or
  256  otherwise effectively guarded against inadvertent contact.
  257         (g)(f) Machinery used in or with an amusement ride must be
  258  enclosed, barricaded, or otherwise effectively guarded against
  259  inadvertent contact.
  260         (h)(g) An amusement ride powered so as to be capable of
  261  exceeding its maximum safe operating speed must be provided with
  262  a maximum-speed-limiting device.
  263         (i)(h) The interior and exterior parts of all patron
  264  carrying amusement rides with which a patron may come in contact
  265  must be smooth and rounded and free from sharp, rough, or
  266  splintered edges and corners, and from projecting studs, bolts,
  267  and screws or other projections that might cause injury.
  268         (j)(i) Signs that advise or warn patrons of age
  269  restrictions, size restrictions, health restrictions, weight
  270  limitations, or any other special consideration or use
  271  restrictions, or lack thereof, required or recommended for the
  272  amusement ride by the manufacturer must be prominently displayed
  273  at the patron entrance of each amusement ride. If such rider
  274  restrictions are not provided by the manufacturer, the owner or
  275  manager must provide the department with documentation from the
  276  manufacturer or a licensed professional engineer stating that
  277  such rider restrictions are not necessary for the safe operation
  278  of the amusement ride.
  279         (k)(j) All amusement rides presented for inspection as
  280  ready for operation or in operation must comply with this
  281  section and department rule.
  282         (l)(k) A sign containing the toll-free number of the
  283  
  284  ================= T I T L E  A M E N D M E N T ================
  285  And the title is amended as follows:
  286         Delete lines 17 - 19
  287  and insert:
  288         nondestructive testing; requiring the department to
  289         remove an