Florida Theme Park Exemptions: Are Self-Inspections Safe Enough?

Florida’s theme parks are a major tourist draw, attracting millions of visitors each year. These parks provide thrilling experiences, but safety is paramount. A key aspect of theme park safety in Florida is the regulatory framework, which includes exemptions for major parks that conduct their own inspections. This raises a critical question: Are self-inspections safe enough to protect park visitors? With a recent analysis placing Florida third in total amusement-park injuries over a four-year window (2019–2023) with an estimated 14,074 injuries, the scrutiny of these safety measures is more important than ever.

The Regulatory Landscape in Florida

The Florida Department of Agriculture and Consumer Services (FDACS) is responsible for inspecting amusement park rides and enforcing safety regulations. However, an exception exists for “fixed theme parks” with more than 1,000 employees and their own full-time inspectors. This exemption means that major players like Walt Disney World and Universal Studios conduct their own inspections, rather than being subject to state oversight in the same way as smaller parks and traveling carnivals.

This system relies on a Memorandum of Understanding between the major theme parks and the state. Under this agreement, the parks self-report any injuries or deaths to the FDACS on a quarterly basis. While this provides a degree of transparency, it also raises concerns about the potential for underreporting or conflicts of interest.

The Argument for Self-Inspections

The rationale behind allowing self-inspections is that large theme parks have the resources and expertise to maintain high safety standards. These parks employ dedicated teams of engineers and technicians who conduct daily, weekly, and monthly inspections. They also adhere to strict maintenance schedules and invest heavily in safety technologies.

Furthermore, major theme parks are subject to federal laws and oversight, as well as state regulations. They are required to carry a minimum of $1 million in liability insurance and must meet standards set by organizations like ASTM International, covering ride design, construction, operation, and maintenance.

Concerns About Self-Inspections

Despite the arguments in favor of self-inspections, several concerns remain:

Lack of independent oversight: The absence of external inspections could lead to a decline in safety standards over time. Without independent verification, there’s a risk that parks may prioritize profits over safety.
Potential for underreporting: Self-reporting systems are vulnerable to underreporting. Parks may be incentivized to minimize the number of reported incidents to protect their reputation and avoid potential lawsuits.
Conflicting interests: Theme park operators face a conflict of interest when they are responsible for both safety and profitability. This conflict could influence inspection practices and maintenance decisions.

Critics argue that the public doesn’t get the full details on self-reported injury releases. For example, a 2020 Orlando Sentinel investigation found instances where Universal reported vague descriptions like “numbness” when a tourist broke his neck on a ride.

The Tyre Sampson Act: A Step Towards Enhanced Safety

In response to a tragic incident in March 2022, where a 14-year-old boy fell to his death from a drop tower ride at ICON Park, Florida passed the Tyre Sampson Act. This law, which took effect on July 1, 2023, aims to improve safety on theme park rides and attractions throughout the state.

The Tyre Sampson Act mandates:

Regular testing and certification of rides.
Ride operators to provide employees with safety training.
Posting height, weight, and age restrictions outside of rides.
Reporting any injuries or deaths on rides.

While the Tyre Sampson Act is a positive step, it primarily targets smaller parks and temporary rides. The major theme parks with self-inspection exemptions are not directly affected by all of its provisions.

Recent Incidents and Ongoing Concerns

Recent events have further fueled the debate about theme park safety in Florida. In September 2025, a man died after riding a roller coaster at Universal Orlando’s Epic Universe. Although preliminary investigations indicated that the ride functioned normally, the incident has prompted calls for greater transparency and scrutiny.

The family of the deceased has hired a civil rights attorney and is demanding the release of maintenance logs, inspection records, ride data, and video footage. This incident underscores the need for a more robust and transparent safety oversight system, even for major theme parks.

What Can Be Done?

To ensure the safety of visitors to Florida’s theme parks, several measures could be considered:

Independent Audits: Implement a system of independent safety audits for all theme parks, including those with self-inspection exemptions. These audits should be conducted by qualified third-party experts with no financial ties to the parks.
Enhanced Reporting Requirements: Strengthen reporting requirements to ensure that all injuries and incidents are accurately and transparently reported. This could include requiring more detailed descriptions of injuries and making reports publicly accessible.
Increased State Oversight: Increase the FDACS’s authority and resources to oversee all theme park safety practices, including self-inspections. This could involve conducting spot checks and audits of self-inspection programs.
Promote a Culture of Safety: Encourage theme park operators to prioritize safety above all else. This can be achieved through training programs, safety incentives, and a commitment to transparency and accountability.

Advice for Theme Park Visitors

While regulatory changes are being debated, theme park visitors can take steps to protect themselves and their families:

Heed warnings and restrictions: Pay attention to posted height, weight, age, and health restrictions for each ride.
Follow instructions: Listen carefully to ride operators and follow their instructions.
Use safety equipment: Properly use all safety equipment, such as seatbelts, harnesses, and safety bars.
Supervise children: Closely supervise children and ensure they understand and follow safety rules.
Report any concerns: If you observe any unsafe conditions or practices, report them to park staff immediately.
Consult with a personal injury attorney: If you sustain an injury at an amusement park while on vacation, it is important that you seek the help of a personal injury law firm.

Conclusion

The question of whether self-inspections are safe enough in Florida’s theme parks remains a subject of debate. While major parks have the resources and expertise to maintain safety standards, the lack of independent oversight and potential for conflicts of interest raise concerns. Recent incidents and ongoing scrutiny highlight the need for a more robust and transparent safety oversight system.

By implementing independent audits, enhancing reporting requirements, increasing state oversight, and promoting a culture of safety, Florida can ensure that its theme parks remain safe and enjoyable destinations for visitors from around the world.

If you or a loved one has been injured at a Florida theme park, it is crucial to seek legal guidance from an experienced personal injury attorney. Contact our firm today for a consultation to discuss your rights and options.