ORLANDO, Fla. – State amusement ride inspectors dispatched to a Universal Orlando theme park following a roller coaster rider’s death on Sept. 17 did not write any reports or take any photos documenting their observations, News 6 has learned.
The three government employees also did not send or receive any emails related to their work at Epic Universe, according to the Florida Department of Agriculture and Consumer Services, or FDACS.
“There are no responsive records,” an FDACS representative told News 6 in response to a public record request seeking documents, notes, photos, videos, and emails generated by the state ride inspectors.
Five days after the death of Kevin Rodriguez Zavala, and before state ride inspectors had completed their work at Epic Universe, FDACS issued a public statement indicating it concurred with Universal Orlando’s internal assessment that the Stardust Racers roller coaster “functioned as intended.”
“The department’s current findings align with those shared by Universal after monitoring the same tests and reviewing the same information,” a spokesperson for Florida Agriculture Commissioner Wilton Simpson said on Sept. 22.
The agency has not explained how its ride inspectors communicated their findings to FDACS headquarters in Tallahassee or why there appears to be no formal documentation of their work.
FDACS is responsible for inspecting amusement rides and conducting accident investigations at small parks and fairs.
Permanent amusement facilities like Universal Orlando and Walt Disney World that employ more than 1,000 people and maintain full-time, in-house safety inspectors are exempt from FDACS oversight under a 1992 state law.
Instead, those large theme park operators must file affidavits with FDACS documenting annual ride inspections.
Also, as part of a separate “memorandum of understanding” between FDACS and the large theme park operators, all ride-related fatalities and certain injuries must be reported to the state.
The day after paramedics found Zavala unresponsive on the Stardust Racers roller coaster, FDACS issued a statement saying it was aware of the incident at Epic Universe and had “an investigator on scene.”
“Universal voluntarily invited FDACS to observe all testing and inspections,” an agency spokesperson later told News 6 in response to questions about why state ride inspectors were dispatched to a large theme park where they had no legal authority to investigate.
[VIDEO: Universal invited Florida investigator to ‘observe’ testing after roller coaster death, agency says]
Mark Gonzalez, a 22-year veteran state ride inspector who helped investigate Tyre Sampson’s death on the Orlando Free Fall drop tower attraction in 2022, would ultimately spend more than 15 hours over four days at Epic Universe, records obtained by News 6 indicate.
Gonzalez and another state ride inspector began working at 9:45 a.m. on Sept. 18, the day after Zavala’s death, and remained on the clock until 12:30 p.m.
Records show Gonzalez resumed working early the next morning at 1:00 a.m., where he was joined by a different state ride inspector until 4:30 a.m.
On Sept. 23, the day after FDACS issued a statement saying the agency’s findings aligned with Universal’s internal assessments, records indicate Gonzalez spent four-and-a-half hours doing work related to the roller coaster, followed by four more hours the following day.
One week later, News 6 submitted a public record request to FDACS seeking “all documents and notes created by the FDACS investigator/observer related to his/her observation of the roller coaster testing and inspections”.
News 6 also requested all photos and videos “recorded by (or provided to)” the FDACS investigator and all emails “sent and received by the investigator” related to work at Epic Universe.
FDACS responded to News 6’s public record request on Oct. 30, stating that “there are no responsive records.”
When FDACS investigates amusement ride incidents at smaller parks where the state has legal jurisdiction, such as the 2018 derailment of the Sand Blaster roller coaster in Daytona Beach and the 2022 Orlando Free Fall death, the agency typically generates written reports and other public records.
Universal Orlando re-opened Stardust Racers on Oct. 4 after the company published a letter stating the ride systems functioned properly and employees followed procedures.
“Our extensive review was conducted working closely with local officials, and the State of Florida observed the testing and reviewed the results,” Universal Orlando Resort President Karen Irwin wrote.
[WATCH: Stardust Racers reopens with new safety guide after guest’s death. Here’s what changed]
Although Zavala was born with spinal atrophy and used a wheelchair, attorneys representing his family do not believe the 32-year-old’s disability played a role in his death.
Universal Orlando safety rules in place at the time of Zavala’s death stated that guests with “back, neck or similar conditions” were “not allowed” on Stardust Racers and that guests in wheelchairs could transfer to the ride vehicle with assistance from another member of their party.
When the roller coaster reopened, guests using mobility devices were required to “walk independently” while transferring to the ride vehicle’s seating. People with back and neck conditions are now explicitly warned, “do not ride.”
Hours after Zavala’s death, the medical examiner’s office performed an autopsy.
“The cause of death is multiple blunt impact injuries. The manner of death is accident,” Chief Medical Examiner Joshua Stephany wrote in a press statement Sept. 18.
Most autopsy reports are considered public records in Florida, but the medical examiner’s office has not yet disclosed Zavala’s autopsy records.
A homicide investigator sent an email to the chief medical examiner on Sept. 19 instructing him to withhold Zavala’s autopsy report.
“As of now, the Orange County Sheriff’s Office is actively conducting an investigation into the death of the decedent under (Florida’s manslaughter statute),” Sgt. Joseph Covelli wrote.
Both the medical examiner and the Orange County Sheriff’s Office have declined to release records related to Zavala’s death, citing an exemption to Florida’s public record law that allows law enforcement to withhold “active criminal investigative information.”
According to that Florida law, “criminal investigative information shall be considered ‘active’ as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future.”
News 6 asked the Orange County Sheriff’s Office if it still has a “reasonable, good faith anticipation of securing an arrest” related to Zavala’s death two months ago.
A spokesperson for Orange County Sheriff John Mina did not respond.
“In cases which appear at first glance to be accidental deaths – which this case does – detectives must determine whether there is any negligence, whether criminal or non-criminal,” a sheriff’s office spokesperson said in September. “Through their investigation, detectives attempt to figure out IF there is any culpable negligence or a crime that occurred. And to accomplish this, we must let detectives follow the evidence and conduct a full and thorough investigation.”
Attorney Benjamin Crump, who represents Zavala’s family, previously criticized Universal Orlando’s decision to reopen the Stardust Racers roller coaster before more is known about Zavala’s death.
[VIDEO: Attorney, family of man who died after riding Stardust Racers condemn reopening of attraction as ‘slap in the face’]
Crump and representatives of Universal Orlando did not respond to requests for comment on this story.
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