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Florida Statute 549.09 - Full Text and Legal Analysis
Florida Statute 549.09 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 549
AUTOMOBILE RACE MEETS
View Entire Chapter
549.09 Motorsport nonspectator liability release.—
(1) As used in this section:
(a) “Closed-course motorsport facility” means a closed-course speedway or racetrack designed and intended for motor vehicle competition, exhibitions of speed, or other forms of recreation involving the use of motor vehicles, including motorcycles.
(b) “Nonspectator area” means a posted area within a closed-course motorsport facility, admission to which is conditioned upon the signing of a motorsport liability release, which is intended for event participants, and which excludes the “spectator area” as defined in paragraph (c).
(c) “Spectator area” means a specified area within a closed-course motorsport facility intended for admission to the general public, whether or not an admission price is charged, or to which admitted persons of the general public have unrestricted access, including the grandstands and other general admission seating or viewing areas.
(d) “Posted” means a nonspectator area enclosed by a fence or wall at least 6 feet high in all areas where nonparticipants might gain entrance, and at least 3 feet high in any other areas, with signs having letters at least 4 inches high restricting entry, including, but not limited to, signs reading “Nonspectator Area,” displayed not more than 500 feet from the entrance to the nonspectator area and at each entrance to the nonspectator area.
(e) “Negligence” means all forms of negligence, whether misfeasance or nonfeasance, and failure to warn against an existing or future dangerous condition, but does not include gross negligence, recklessness, or willful and wanton conduct.
(f) “Motor vehicle” means an automobile, motorcycle, or any other vehicle propelled by power, other than muscular power, used to transport persons and which operates within the confines of a closed-course motorsports track.
(g) “Nonspectator” means an event participant who has signed a motorsport liability release or, in the case of a minor, whose natural guardian has signed a motorsport liability release on behalf of the minor.
(2) Any person who operates a closed-course motorsport facility may require, as a condition of admission to any nonspectator part of such facility, the signing of a liability release form. The persons or entities owning, leasing, or operating the facility or sponsoring or sanctioning the motorsport event shall not be liable to a nonspectator or her or his heirs, representative, or assigns for negligence which proximately causes injury or property damage to the nonspectator within a nonspectator area during the period of time covered by the release.
(3)(a) A motorsport liability release may be signed by more than one person if the release form appears on each page, or side of a page, which is signed. A motorsport liability release must be printed in 8 point type or larger.
(b)1. If a minor is participating in a motorsports event as defined in s. 549.10, the motorsport liability release must comply with the requirements of this section and is valid to the same extent provided for other nonspectators under this section.
2. If a minor is participating in an activity at a closed-course motorsport facility, other than a motorsports event as defined in s. 549.10, a waiver or release must comply with the requirements in s. 744.301(3) and is valid only to the extent, and subject to the presumptions, provided in that subsection.
History.—s. 1, ch. 91-104; s. 781, ch. 97-103; s. 1, ch. 2010-27.

F.S. 549.09 on Google Scholar

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Amendments to 549.09


Annotations, Discussions, Cases:

Cases Citing Statute 549.09

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Cain v. Banka, 932 So. 2d 575 (Fla. 5th DCA 2006).

Cited 10 times | Published | Florida 5th District Court of Appeal | 2006 WL 1788172

...South Florida Stadium Corp., 762 So.2d 938 (Fla. 3d DCA 2000) (ambiguous exculpatory clause contained in contract which season ticket holder signed in purchasing ticket insufficient to bar personal injury claim). The defendant additionally relied below on section 549.09, Florida Statutes, as barring this action. The trial court granted summary judgment based upon the common law and did not address applicability of the statute. The defendant nevertheless argues that the statute provides an additional basis for the summary judgment. Section 549.09 entitled, "Motorsport Non-Spectator Liability Release" provides under subsection (2): Any person who operates a closed-course motorsport facility may require, as a condition of admission to any nonspectator part of such facility, the signing of a liability release form....
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Hager v. Live Nation Motor Sports, Inc., 665 F. Supp. 2d 1290 (S.D. Fla. 2009).

Published | District Court, S.D. Florida | 2009 WL 3151325

...forceable. See Borden v. Phillips, 752 So.2d 69, 73 (Fla. 1st DCA 2000). Plaintiff does not dispute this. However, Plaintiff argues that a release which bars recovery for gross negligence in this situation is unenforceable because of Florida Statute § 549.09, That statute provides the following: Any person who operates a closed-course motorsport facility may require, as a condition of admission to any nonspectator part of such facility, the signing of a liability release form....
...The statute applies to a "closed-course motorsport facility," which is defined as "a closed-course speedway or racetrack designed and intended for motor vehicle competition, exhibitions of speed, or other forms of recreation involving the use of motor vehicles, including motorcycles." Fla. Stat. § 549.09(l)(a)....
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Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018).

Published | Florida 5th District Court of Appeal

...ptember 29, 2013, at the Daytona International Speedway. The tow truck driver was instructed to back up in that direction by an employee of DIS and ISC. In order to enter the non-spectator restricted area of the speedway during the race, pursuant to section 549.09(2), Florida Statutes (2013), Pamella was asked to and did sign a release and waiver of liability and assumption of risk agreement....
...ducted and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding [sic], continue in full legal force and effect. In determining that the signed release barred suit in this case, the trial court found that section 549.09 did not preclude the release from "negligence" claims from also applying to gross negligence claims and that a reply to DIS's and ISC's affirmative defense of release was necessary to raise section 549.09 as an issue in the case....
...Although the language of the release states that it "extends to all acts of negligence," in the context of closed-course motorsport facilities, the Legislature has explicitly excluded gross negligence from the definition of negligence for injuries occurring in the nonspectator areas of the facility. 1 § 549.09(1)(e), Fla....
...1st DCA 2013) (citing Madaffer v. Managed Logistics Sys., Inc. , 601 So.2d 1328 (Fla. 2d DCA 1992) ). REVERSED AND REMANDED. TORPY, BERGER and WALLIS, JJ., concur. A reply to DIS's and ISC's affirmative defenses was not required to make the applicability of section 549.09 an issue in this case because no new facts were required. It is clear from the second amended complaint that the incident occurred in the nonspectator area of a closed-course motorsport facility. See § 549.09(1)(a), (2), Fla....
...Florida Offroaders Driver's Association , 622 So.2d 1134 , 1136 (Fla. 5th DCA 1993) and Theis v. J & J Racing Promotions , 571 So.2d 92 , 94 (Fla. 2d DCA 1990) is misplaced because the causes of action in those cases accrued before the October 1, 1991 effective date of section 549.09....
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Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018).

Published | Florida 5th District Court of Appeal

...ptember 29, 2013, at the Daytona International Speedway. The tow truck driver was instructed to back up in that direction by an employee of DIS and ISC. In order to enter the non-spectator restricted area of the speedway during the race, pursuant to section 549.09(2), Florida Statutes (2013), Pamella was asked to and did sign a release and waiver of liability and assumption of risk agreement....
...ducted and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding [sic], continue in full legal force and effect. In determining that the signed release barred suit in this case, the trial court found that section 549.09 did not preclude the release from "negligence" claims from also applying to gross negligence claims and that a reply to DIS's and ISC's affirmative defense of release was necessary to raise section 549.09 as an issue in the case....
...Although the language of the release states that it "extends to all acts of negligence," in the context of closed-course motorsport facilities, the Legislature has explicitly excluded gross negligence from the definition of negligence for injuries occurring in the nonspectator areas of the facility. 1 § 549.09(1)(e), Fla....
...1st DCA 2013) (citing Madaffer v. Managed Logistics Sys., Inc. , 601 So.2d 1328 (Fla. 2d DCA 1992) ). REVERSED AND REMANDED. TORPY, BERGER and WALLIS, JJ., concur. A reply to DIS's and ISC's affirmative defenses was not required to make the applicability of section 549.09 an issue in this case because no new facts were required. It is clear from the second amended complaint that the incident occurred in the nonspectator area of a closed-course motorsport facility. See § 549.09(1)(a), (2), Fla....
...Florida Offroaders Driver's Association , 622 So.2d 1134 , 1136 (Fla. 5th DCA 1993) and Theis v. J & J Racing Promotions , 571 So.2d 92 , 94 (Fla. 2d DCA 1990) is misplaced because the causes of action in those cases accrued before the October 1, 1991 effective date of section 549.09....