Florida's Theme Park Exemption

Thrill Rides at Disney, Universal, and Busch Parks in Florida Are Exempt from All Government Safety Oversight

The state of Florida has an effective amusement ride safety program governing traveling carnivals and small amusement parks. But theme parks, which are big business in the state of Florida, are exempt from all requirements of the regulatory system. So are water parks owned by theme park chains. The exemption applies to any permanent facility whose parent company employs at least 1000 full-time employees and maintains full-time, in-house safety inspectors. The exemption also applies to rides operated at the many industry trade shows held in Florida.

Statutory Requirements for Florida's Theme Parks

Each park must file an affidavit each year with the Department of Agriculture, swearing that their amusement rides have been inspected by somebody.
The Department of Agriculture has the option of meeting with a park representative once a year to talk about safety.

2001 Memorandum of Understanding

In November 2001, as President Bush and federal legislators were ducking fallout from Enron's failed experiment with self-regulation, lawyers from Florida's theme parks were quietly formalized the terms of ride safety self-rule. Here are the highlights of the Memorandum of Understanding signed by Disney, Busch Entertainment, Universal Studios, and the Florida Dept. of Agriculture (DOA).

Educational Seminars

The voluntary agreement gives the Department of Agriculture permission to engage in a coordinated consultation (the "Consultation") with Disney, Busch, and Universal (the "Operators") up to two times per calendar year. The Consultation consists of an educational seminar put on by the Operators and a site visit which "may" include visual observation of a safety walk-through procedure for up to two rides at each Operator's site. Given that Disney operates four theme parks and three water parks in Orlando, a half century may go by before DOA visually observes each Disney ride once. Not that it really matters anyway; state regulators still don't have jurisdiction over the safety of theme park rides. DOA inspectors are not allowed to order repairs or additional safety equipment. They can't shut down rides that may pose a hazard to the public.

Big Theme's memo does, however, give DOA the right to request another Educational Seminar if an Operator's exemption becomes void (i.e., if employment drops below 1000).

Voluntary Accident Reporting

Disney, Busch, and Universal can't or won't meet the accountability standards set for Florida's carnivals and small parks. Although Florida already has a statute defining accident reporting requirements for amusement rides, the Operators have chosen to write their own. Under the terms of their memo, Big Theme won't be reporting broken bones, concussions, neck/back injuries, brain bleeds, etc. Let's see what they have volunteered to report:

Voluntary Rules for:
Disney, Busch, Universal

Mandatory Rules for:
All other ride owners in Florida
(Section 616.242, Florida Statutes):

Reports of
Patron
Death
or Injury

Immediate notification of death "occurring to patron while on car". Notification within three months of serious injury "occurring to patron while on amusement rides" -- but only if injury resulted in immediate admission and hospitalization in excess of 24 hours, for purposes other than medical observation.

State ride safety officials are not allowed to know the names of the dead and injured.

(14)(a) Any accident of which the owner or manager has knowledge or, through the exercise of reasonable diligence should have knowledge, and for which a patron is transported to a hospital, as defined in chapter 395, must be reported by the owner or manager to the department by telephone or facsimile within 4 hours after the occurrence of the accident.

Reports of
Equipment
Defects

No requirement to report equipment breakdowns or defects affecting patron safety.

(14)(b) Any mechanical, structural, or electrical defects affecting patron safety for which an amusement ride is closed to patron use for more than 4 hours must be reported by the owner or manager to the department by telephone or facsimile within 8 hours after the closing of the ride. A written report of the closing of the ride, on a form prescribed by rule of the department, must be filed by the owner or manager with the department within 24 hours after the closing of the amusement ride.

Accident
Investigations

The state is not authorized to investigate accidents resulting in death or serious injury.

Florida inspectors are not authorized to require repairs or additional safety equipment on rides, or to shut down a ride that may pose a danger to the public.

(14)(c) The department may impound an amusement ride involved in an accident for which a patron is transported to a hospital as defined in chapter 395 or which has a mechanical, structural, or electrical defect affecting patron safety, and may impound any other amusement ride of similar make and model, and may perform all necessary tests to determine the cause of the accident or the mechanical, structural, or electrical defect, or to determine the safety of the amusement ride and any other amusement ride of a similar make and model. The cost of impounding the amusement ride and performing the necessary tests must be borne by the owner of the amusement ride.

Enforcement

No enforcement provisions or penalty imposed for theme parks that fail to live up to the terms of their own memo.

(19)(a) The department may deny, suspend for a period not to exceed 1 year, or revoke any permit or inspection certificate, and impose a fine of up to $2500 per violation per day, against an owner who violates Florida's ride safety rules.

(19)(h) Any person who knowingly violates the regulations commits a misdemeanor of the second degree.