ORLANDO, Fla. \u2013 State amusement ride inspectors dispatched to a Universal Orlando theme park following a roller coaster rider\u2019s death on Sept. 17 did not write any reports or take any photos documenting their observations, News 6 has learned.<\/p>\n
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.<\/p>\n
\u201cThere are no responsive records,\u201d 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. <\/p>\n
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\u2019s internal assessment that the Stardust Racers roller coaster \u201cfunctioned as intended.\u201d<\/p>\n
\u201cThe department\u2019s current findings align with those shared by Universal after monitoring the same tests and reviewing the same information,\u201d a spokesperson for Florida Agriculture Commissioner Wilton Simpson said on Sept. 22.<\/p>\n
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.<\/p>\n
FDACS is responsible for inspecting amusement rides and conducting accident investigations at small parks and fairs.<\/p>\n
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<\/a>.<\/p>\n Instead, those large theme park operators must file affidavits with FDACS documenting annual ride inspections.<\/p>\n Also, as part of a separate \u201cmemorandum of understanding\u201d<\/a> between FDACS and the large theme park operators, all ride-related fatalities and certain injuries must be reported to the state.<\/p>\n 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 \u201can investigator on scene.\u201d<\/p>\n \u201cUniversal voluntarily invited FDACS to observe all testing and inspections,\u201d 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<\/a>.<\/p>\n [VIDEO: Universal invited Florida investigator to \u2018observe\u2019 testing after roller coaster death, agency says]<\/p>\n Mark Gonzalez, a 22-year veteran state ride inspector who helped investigate Tyre Sampson\u2019s death on the Orlando Free Fall drop tower attraction in 2022<\/a>, would ultimately spend more than 15 hours over four days at Epic Universe, records obtained by News 6 indicate.<\/p>\n Gonzalez and another state ride inspector began working at 9:45 a.m. on Sept. 18, the day after Zavala\u2019s death, and remained on the clock until 12:30 p.m.<\/p>\n 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.<\/p>\n On Sept. 23, the day after FDACS issued a statement saying the agency\u2019s findings aligned with Universal\u2019s 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.<\/p>\n One week later, News 6 submitted a public record request to FDACS seeking \u201call documents and notes created by the FDACS investigator\/observer related to his\/her observation of the roller coaster testing and inspections\u201d.<\/p>\n News 6 also requested all photos and videos \u201crecorded by (or provided to)\u201d the FDACS investigator and all emails \u201csent and received by the investigator\u201d related to work at Epic Universe.<\/p>\n FDACS responded to News 6\u2019s public record request on Oct. 30, stating that \u201cthere are no responsive records.\u201d<\/p>\n 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<\/a> and the 2022 Orlando Free Fall death, the agency typically generates written reports and other public records. <\/p>\n Universal Orlando re-opened Stardust Racers on Oct. 4<\/a> after the company published a letter stating the ride systems functioned properly and employees followed procedures.<\/p>\n \u201cOur extensive review was conducted working closely with local officials, and the State of Florida observed the testing and reviewed the results,\u201d Universal Orlando Resort President Karen Irwin wrote.<\/p>\n [WATCH: Stardust Racers reopens with new safety guide after guest\u2019s death. Here\u2019s what changed]<\/p>\n Although Zavala was born with spinal atrophy and used a wheelchair, attorneys representing his family do not believe the 32-year-old\u2019s disability played a role in his death.<\/p>\n Universal Orlando safety rules in place at the time of Zavala\u2019s death stated that guests with \u201cback, neck or similar conditions\u201d were \u201cnot allowed\u201d on Stardust Racers and that guests in wheelchairs could transfer to the ride vehicle with assistance from another member of their party.<\/p>\n When the roller coaster reopened, guests using mobility devices were required to \u201cwalk independently\u201d while transferring to the ride vehicle\u2019s seating. People with back and neck conditions are now explicitly warned, \u201cdo not ride.\u201d<\/p>\n Hours after Zavala\u2019s death, the medical examiner\u2019s office performed an autopsy.<\/p>\n \u201cThe cause of death is multiple blunt impact injuries. The manner of death is accident,\u201d Chief Medical Examiner Joshua Stephany wrote in a press statement Sept. 18.<\/p>\n Most autopsy reports are considered public records in Florida, but the medical examiner\u2019s office has not yet disclosed Zavala\u2019s autopsy records.<\/p>\n A homicide investigator sent an email to the chief medical examiner on Sept. 19 instructing him to withhold Zavala\u2019s autopsy report.<\/p>\n \u201cAs of now, the Orange County Sheriff\u2019s Office is actively conducting an investigation into the death of the decedent under (Florida\u2019s manslaughter statute),\u201d Sgt. Joseph Covelli wrote.<\/p>\n Both the medical examiner and the Orange County Sheriff\u2019s Office have declined to release records related to Zavala\u2019s death, citing an exemption to Florida\u2019s public record law that allows law enforcement to withhold \u201cactive criminal investigative information.\u201d<\/p>\n