Florida Statute 549.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS

Chapter 549
AUTOMOBILE RACE MEETS

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F.S. 549.09

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

F.S. 549.09 on Casetext

Amendments to 549.09

Arrestable Offenses / Crimes under Fla. Stat. 549.09

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 549.09.

Annotations, Discussions, Cases:

Cases Citing Statute 549.09

Total Results: 8

Macgregor v. Daytona Int'l Speedway, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 263 So. 3d 151

Snippet: the speedway during the race, pursuant to section 549.09(2), Florida Statutes (2013), Pamella was asked

Macgregor v. Daytona Int'l Speedway, LLC

Court: District Court of Appeal of Florida | Date Filed: 2018-12-21

Citation: 263 So. 3d 151

Snippet: the speedway during the race, pursuant to section 549.09(2), Florida Statutes (2013), Pamella was asked

Jessica Patrice Anucinski v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2014-09-24

Citation: 148 So. 3d 106, 39 Fla. L. Weekly Supp. 583, 2014 Fla. LEXIS 2857

Snippet: rejected. 121 So. 3d at 540, 549. -9- the defendant had the intent

Cain v. Banka

Court: District Court of Appeal of Florida | Date Filed: 2006-06-30

Citation: 932 So. 2d 575, 2006 WL 1788172

Snippet: defendant additionally relied below on section 549.09, Florida Statutes, as barring this action. The

Huguley v. Hall

Court: District Court of Appeal of Florida | Date Filed: 1962-05-15

Citation: 141 So. 2d 595, 1962 Fla. App. LEXIS 3263

Snippet: Warehouse & Elevator Co. v. Elyton Land Co., 93 Ala. 549, 9 South. 235; Lawrence v. Gayetty, 78 Cal. 126, 20

Day Et Ux. v. Weadock

Court: Supreme Court of Florida | Date Filed: 1931-04-28

Citation: 134 So. 525, 101 Fla. 333

Snippet: (Birmingham Warehouse Elevator Co. v. Elyton, 93 Ala. 549, 9 So. 235): "A promise, strictly speaking, is

Moore v. Price

Court: Supreme Court of Florida | Date Filed: 1929-07-31

Citation: 123 So. 768, 98 Fla. 276

Snippet: is the only court having jurisdiction." 19 C. J. 549, 9 R. G. L., 609, 610, and cases cited. In Milton

International Realty Associates, Inc. v. McAdoo

Court: Supreme Court of Florida | Date Filed: 1924-01-10

Citation: 87 Fla. 1, 99 So. 117, 1924 Fla. LEXIS 540

Snippet: Warehouse & Elevator Co. v. Elyton Land Co., 93 Ala. 549, 9 South. Rep. 235; Lawrence v. Gayety, 78 Cal. 126