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Fla. Stat. § 549.09 (2025)

Motorsport nonspectator liability release.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2006–2025 · leading case: Cain v. Banka, 932 So. 2d 575 (Fla. 5th DCA 2006).
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Cain v. Banka, 932 So. 2d 575 (Fla. 5th DCA 2006). · cites it 3× “The defendant additionally relied below on section 549.09, Florida Statutes, as barring this action.”
Hager v. Live Nation Motor Sports, Inc., 665 F. Supp. 2d 1290 (S.D. Fla. 2009). · cites it 3× “” Fla. Stat. § 549.09 (1)(a). Defendant argues that Dolphins Stadium is not a closed-course motorsport facility, but rather a football and baseball stadium that was altered for the monster truck show on the day of the event.”
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). · cites it 9× “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…”
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). · cites it 9× “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…”
Moreau v. Feld Motor Sports, Inc. (M.D. Fla. 2025). · cites it 5× “See §§ 549.09; 744.301, F.S. But these types of issues would not render the waivers void – it would only make them voidable.”
— 549.09(1)(a) — 2 cases
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). “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…”
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). “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…”
— 549.09(1)(e) — 2 cases
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). “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…”
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). “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…”
— 549.09(2) — 2 cases
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). “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…”
Macgregor v. Daytona Int'l Speedway, LLC, 263 So. 3d 151 (Fla. 5th DCA 2018). “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…”
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