Florida state officials sent an investigator to Universal Orlando's Epic Universe theme park following the death of Kevin Rodriguez Zavala on the Stardust Racers roller coaster. However, the state agency confirmed it is not conducting an independent investigation. Instead, Universal Orlando invited the Florida Department of Agriculture and Consumer Services (FDACS) to observe ride testing and inspections. This situation highlights a long-standing Florida law that exempts large theme parks from state oversight.
Key Takeaways
- Kevin Rodriguez Zavala died after riding the Stardust Racers roller coaster at Universal's Epic Universe.
- FDACS sent an investigator but is not conducting an independent probe.
- Universal Orlando invited FDACS to observe testing, exceeding state requirements.
- Florida law exempts large theme parks from state ride inspections.
- Zavala's family has hired attorney Ben Crump and seeks transparency.
Details of the Incident and State Response
Kevin Rodriguez Zavala was found unresponsive on the Stardust Racers roller coaster on September 17, 2025. He was later pronounced dead due to multiple blunt impact injuries. Hours after his death, FDACS announced it had sent an "investigator" to the Universal Orlando theme park.
Despite the presence of a state investigator, News 6 reported that there is no indication Florida is conducting an independent investigation. Instead, Universal Orlando voluntarily invited FDACS representatives to "observe" testing and inspections of the ride. This information came from an agency spokesperson.
Fact: Large Theme Parks Exempt
Florida law, established in 1992, exempts permanent amusement facilities employing over 1,000 people and maintaining in-house safety inspectors from FDACS oversight. This includes major operators like Universal Orlando, Walt Disney World, SeaWorld, and Legoland Florida.
Understanding Florida's Amusement Ride Regulations
FDACS is responsible for several aspects of amusement ride safety in Florida. This includes issuing permits, investigating accidents, and impounding potentially unsafe rides. However, its authority is limited to smaller amusement parks and traveling fairs.
Large theme park companies operate under a different set of rules. They are required to file affidavits with FDACS. These documents confirm their annual ride inspections. Additionally, a separate agreement between FDACS and these large parks mandates reporting all ride-related fatalities and certain injuries to the state. These injury reports are published quarterly on the FDACS website.
"We will be calling upon greater government oversight of large companies like Universal, instead of just letting them self-report," said Paul Grinke, an attorney representing Zavala’s family.
Previous Concerns Over Oversight Disparity
Florida Agriculture Commissioner Wilton Simpson has voiced concerns about the state's dual approach to amusement ride regulation. In 2023, Simpson stated, "Where a person is injured should not determine how the state responds. Everyone should play by the same rules." This sentiment highlights a desire for more consistent oversight across all amusement facilities.
On September 18, the day after Zavala's death, FDACS spokesperson Aaron Keller initially stated, "The Florida Department of Agriculture and Consumer Services is aware of the incident and currently has an investigator on scene. Universal has been extremely cooperative and has complied with all required notifications. This is an ongoing investigation, and more information will be released as it is available."
Background: The Tyre Sampson Act
In 2023, Florida lawmakers passed the Tyre Sampson Act. This legislation introduced new safety requirements for amusement rides. However, large theme parks, including Universal, remained exempt from these specific new rules. The act was named after 14-year-old Tyre Sampson, who died after being thrown from the Orlando FreeFall drop tower ride in 2022.
Clarifying the State Investigator's Role
News 6 pressed FDACS for clarification on the investigator's role, given that Universal's rides are exempt from state oversight. FDACS spokesperson Aaron Keller later explained that Universal contacted the department as required by law. Keller further noted, "Universal voluntarily invited FDACS to observe all testing and inspections. Their actions exceeded state requirements."
Keller did not provide additional details regarding what "state requirements" Universal had fulfilled beyond reporting the death. The agency also did not elaborate on its statement that "all major amusement parks voluntarily abide by the standards today." Universal Orlando representatives have not publicly responded to questions about Zavala's death.
- Reporting: Large parks must report fatalities and certain injuries.
- Affidavits: They file annual affidavits confirming ride inspections.
- Exemption: They are exempt from direct state inspections and independent investigations.
Past Incidents and State Investigations
When FDACS investigates incidents at smaller facilities, it often produces public reports. For example, in 2018, the Sand Blaster roller coaster in Daytona Beach derailed, injuring six passengers. Two riders fell 34 feet. FDACS inspectors immediately investigated.
An engineering firm hired by the state concluded that excessive speed caused the Sand Blaster derailment. Their 34-page report included detailed photos and diagrams, which became public record.
Another significant incident involved the Orlando FreeFall in 2022. FDACS ride inspectors issued a "stop operation" order after Tyre Sampson's death. Engineers hired by FDACS found that someone had improperly modified a sensor on one of the ride's safety harnesses. This modification created a 6-to-10-inch gap in the restraint, allowing Sampson to slip out.
"The cause of the subject accident was that Tyre Sampson was not properly secured in the seat primarily due to mis-adjustment of the harness proximity sensor," an engineering report stated. "The mis-adjustment of the sensor allowed both safety lights to illuminate, improperly satisfying the ride’s electronic safety mechanisms and allowing the ride to commence even though the ride was unsafe."
Calls for Greater Oversight
Following Sampson's death and the passage of the Tyre Sampson Act, there were renewed discussions among state leaders about revisiting laws that exempt major theme park operators. In April 2023, Governor Ron DeSantis, while engaged in a political dispute with Disney, questioned the exemptions.
"The (Walt Disney World) monorail is exempt. They exempted the monorail from any safety standards or inspections," DeSantis said at a press conference. Commissioner Simpson echoed this, stating, "I stand here today in support of this legislation that will allow my department to conduct inspections when someone is seriously injured on an amusement ride."
Earlier that same week, State Representative Lawrence McClure filed legislation. This bill would have given FDACS the authority to inspect rides at large theme parks after an accident or complaint. However, the amended bill was withdrawn the next day without explanation. McClure did not respond to inquiries about why the legislation was removed.
Theme Park Safety Protocols
Major theme park operators, including Universal and Disney, assert that their rides undergo rigorous testing and safety inspections. A Disney website outlines their procedures: "Annual audits of attractions are conducted by engineers, in cooperation with maintenance, operations, and training management teams." These audits focus on pre-opening procedures, daily checklists, operational performance, and training. Disney also conducts ongoing preventative maintenance.
Universal Orlando Resort President and Chief Operating Officer Karen Irwin sent a letter to employees regarding the Stardust Racers incident. She stated, "Our internal findings to date confirm that the ride systems functioned as intended, equipment was intact at the ride’s start, throughout the duration of the ride and upon the ride vehicle’s return to the station, and our Team Members followed procedures."
FDACS spokesperson Keller commented on Universal's internal investigation on September 22. He said, "The department’s current findings align with those shared by Universal after monitoring the same tests and reviewing the same information. The investigation is ongoing, and additional information will be released as it becomes available."
Family Seeks Answers
Kevin Rodriguez Zavala's family has hired prominent Florida attorney Benjamin Crump. They plan to conduct their own independent investigation into the death. At a recent press conference, Zavala’s mother, Ana Zavala, spoke through an interpreter.
"All we want is answers regarding my son’s death," Ana Zavala said. "We want these answers so we can be able to honor him. We want these answers so we can have some peace. It is extremely difficult losing a son and we do not wish this pain on anyone."
The family's legal team aims to gain full transparency regarding the incident and the factors that led to Zavala's death.
