florida statutes 1984, supplement volume · s.526.01 1984 supplement to florida statutes 1983...

s.520.35 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.526.01

shall promptly supply the retail buyer thereunder with a statement as of the end of each monthly period (which need not be a calendar month), or other regular period agreed upon by the retail seller and the retail buyer, in which there is any unpaid balance thereunder, which statement shall recite the following:

1. The unpaid balance under the account at the beginning and end of the period, using the terms "previous balance" and "new balance";

2. Unless otherwise furnished by the retail seller to the retail buyer by sales slip, memorandum, or otherwise, the cash price and the date of each purchase during the period;

3. The payments made by the retail buyer to the retail seller and any other credits to the retail buyer during the period, using the terms "payments" and "credits";

4. The amount of the finance charge itemized, if any.

The items need not be stated in the sequence or order set forth in this paragraph, and additional items may be included to explain the computations made in determining the amount to be paid by the retail buyer.

(b) A statement which complies with the federal Truth in Lending Act, 15 U.S.C. ss. 1601 et seq., as now existing or hereafter amended, and any regulations which are issued, or which may be issued, thereunder shall be deemed to comply with the provisions of this subsection. However, in any proceeding to enforce the provisions of this section, the burden of alleging and proving compliance with the federal Truth in Lending Act shall be on the party claiming compliance.

(3) Notwithstanding the provisions of any other law, the seller under a revolving account may charge, receive, and collect a finance charge which may not exceed 15 cents per $10 per month, computed on all amounts unpaid under the revolving account from month to month (which need not be a calendar month) or other regular period, and a delinquency charge not to exceed 5 percent of each payment in default for a period of not less than 10 days, or $5, whichever is less, provided that any such charge is agreed upon, in writing, between the parties prior to imposing any such charge; however, if the amount of the delinquency charge so computed is less than $1 for any such period, no delinquency charge may be assessed for that period. If the amount of the finance charge so computed is less than $1 for any such month, a finance charge of $1 for any such month may be charged, received, and collected. If the regular period is other than such monthly period or if the unpaid amount is less than or greater than $5, the permitted finance charge shall be computed proportionately. Such finance charge may be computed for all unpaid balances within a range of not in excess of $10 on the basis of the median amount within such range, if as so computed such finance charge is applied to all unpaid balances within such range.

History.-s. 6, ch. 59·414; s. 10, ch. 69-370; s. 3, ch. 76-168; s. I, ch. 77-457; s. 21, ch. 80-256; s. 2, ch. 81-318; s. 5, ch. 83-123; s. I, ch. 84-180.

'Note.-Repealed effective October I, 1990, by s. 2, cb. 81-318, and scheduled for review pursuant to s. 11.61 in advance of that date.

CHAPTER 526

SALE OF LIQUID FUELS; BRAKE FLUID

PART I

SALE OF LIQUID FUELS

526.01 Fraud and deception in sale of liquid fuel, lubricating oil, and greases; labeling; stopsale order; penalty.

526.01 Fraud and deception in sale of liquid fuel, lubricating oil, and greases; labeling; stopsale order; penalty.-

(1) No person shall store, sell, offer, or expose for sale any liquid fuels, lubricating oils, greases, or other similar products in any manner whatsoever which may deceive or tend to deceive, or which has the effect of deceiving, the purchaser of such products as to the nature, quality, or quantity of the products so sold, exposed, or offered for sale.

(2)(a) Containers of reclaimed, recleaned, or reconditioned previously used lubricating oil, lubricants, or mixtures of lubricants shall be plainly labeled showing that the content thereof is a previously used product.

(b) In the storage, sale, offering, or exposing for sale of lubricating oil composed in whole or in part of previously used lubricating oil, it is unlawful to:

1. Represent in any manner that used lubricating oil is new or unused;

2. Fail to disclose clearly and conspicuously in all advertising and sales promotional material and on each front or face panel of the container that used lubricating oil has been previously used. The front or face panel means the part of the container on which the brand name is usually featured and which is customarily exposed to the view of prospective purchasers when displayed at point of retail sales; or

3. Use the term "rerefined," or any other word or term of similar import, to describe previously used lubricating oil unless the physical and chemical contaminants acquired through previous use have been removed by a refining process.

(c) Previously used lubricating oil which has been rerefined by a refining process that has removed all the physical and chemical contaminants acquired in previous use and which meets the ASTM-SAE-API standards for fitness for its inter,ded use is not subject to the labeling requirement of this subsection. A manufacturer of such rerefined oil shall register his product with the Department of Environmental Regulation and provide an affidavit of proof that the product meets the required standards.

(3) Any product stored, sold, offered, or exposed for sale which is not permanently and conspicuously labeled as provided in this section is declared to be illegal. Any such illegal product shall be placed under written stop-sale order, directed to the owner or custodian, and held by the Department of Agriculture and Consumer Services or its representative at a place to be designated in the stop-sale order until properly labeled by the owner or custodian and released in writing by the department or its representa-

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s.526.01 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8.527.04

tive. If the product is not properly labeled within 30 days after the issuance of the stop-sale order, it shall be disposed of by the department or its representative to any tax-supported institution or agency of the state, if usable, or by destruction, if unusable.

(4) The attachment of stop-sale order to any such product is notice and warning to all persons whomsoever, including, but not limited to, the owner or custodian, to scrupulously refrain from moving, altering, or interfering in any manner with any such product or altering, defacing, or in any way interfering with the stop-sale order, or permitting the same to be done by another, except with the consent of the department or its representative.

(5) The violation of any of the provisions of this section is a misdemeanor, punishable under the provisions of s. 526.1l.

History.-B. I, ch. 16083, 1933; CGL 1936 Supp. 7315(2); B. I, ch. 26883, 1951; B. I, ch. 28114, 1953; B. I, ch. 70-77; B. I, ch. 70-439; B. 65, cil- 84-336. cf.-B. 403.75 DefmitionB relating to recycling of used oil.

CHAPTER 527

SALE OF LIQUEFIED PETROLEUM GAS

527.02 527.03 527.04 527.0605

527.11

License; fees. Annual renewal of license. Surety bond or insurance coverage. Liquefied petroleum gas bulk plant loca-

tions; jurisdiction. Minimum storage.

1527.02 License; fees.-(1) It is unlawful for any person to engage in this

state in the business of dealer in liquefied petroleum gas, in the business of manufacturer of appliances and equipment for the use of liquefied petroleum gas, in the business of dealer in appliances and equipment for use of liquefied petroleum gas, in the business of installation of appliances and equipment, or in the business of installation of carburetion equipment, as defined in s. 527.01, without first obtaining from the department a license to engage in one or more of these businesses. Each business location of a person having multiple locations shall be separately licensed and must meet the requirements of this section. Such license shall be granted to any applicant who files with the department a surety bond or insurance affidavit, as hereinafter specified, and pays for such license annually the following fees:

Manufacturer of appliances and equip-ment for use of liquefied petroleum gas ............. $225

Dealer in appliances and equipment for

carburetion equipment; or dealer in liquefied petroleum gas, in appliances and in equipment for use of such gas and installation must prove competency by taking a written or oral examination and passing it with a grade of 75 percent or above. Each applicant for examination shall submit a $10 nonrefundable fee. The examination shall be based on information contained in this chapter, the National Fire Protection Association Standards, and the rules adopted by the department. Application for examination for competency may be made by an individual or by an owner, a partner, or any person in a supervisory capacity of the license applicant. A vacancy in the qualifier position in a business organization which results from the departure of the qualifier shall be reported to the department. It shall be the responsibility of the licensee to report the vacancy in the qualifier position within 30 days of such vacancy. The business organization shall have 60 days from the date of notice in which to fulfill the requirement for competency examination of the qualifier. Failure to provide for this requirement shall result in license revocation. Any individual's competency qualifications on file with the department may be transferred to any existing licenseholder, by written request to the department from the person so qualified. By request in writing to the department, any individual who has on file the competency examination requirement may use this evidence on file for a new license application.

(3) All revenues collected herein shall be deposited in the Insurance Commissioner's Regulatory Trust Fund for the purpose of administering the provisions of this chapter.

History.-B. 2, ch. 24302, 1947; B. 2, ch. 57-174; • . 2, ch. 61-119; B. I, ch. 61-158; ... 13, 35, ch. 69-106; B. I, ch. 70-35; •. I, ch. 70-439; •. I, ch. 74-2~; •. I, ch. 76-120; • . 3, ch. 76-168; •. I, ch. 77-457; ... 2,6, ch. 60-390; ... 2, 18, 19, ch. 81-175; 8. 401, ch. 81-259; ... 2,3, ch. 81-318; ... I, 2, ch. 82-6; •. I, ch. 84-126.

'N ote.-Repealed effective October I, 1987, by •. 2, ch. 82-6, and scheduled for review pursuant to 8. 11.61 in advance of that date.

Note.-Fonner •. 526.13.

1527.03 Annual renewal of license.-All licenses required under this chapter shall be renewed annually subject to the license fees prescribed in s. 527.02 for the period beginning October 1 and shall expire on the following September 30 unless sooner suspended, revoked, or otherwise terminated. A li- . censee who fails to submit an application for renewal of his license before October 1 shall be assessed a $50 delinquency fee by the department. Such fee, along with the appropriate license fee, must be paid before the licensee may resume operations.

Hlstory.-8. 3, ch. 24302, 1947; •. I, ch. 25105, 1949; 8. 11, ch. 25035, 1949; a. I, ch. 29667, 1955; •. I, ch. 61-158; 8. 3, ch. 76-168; 8. I, ch. 77-457; ... 18, 19, ch. 81-175; ... 2,3, ch. 81-318; ... 1, 2, ch. 82-6; 8. 2, ch. 84-126.

'Note.-Repealed effective October I, 1987, by •. 2, ch. 82-6, and scheduled for review pursuant to •. 11.61 in advance of that date.

Note.-Fonner B. 526.14.

use of liquefied petroleum gas ............................... $35 1527.04 Surety bond or insurance coverage.-Dealer in liquefied petroleum gas .................... $225 (1) Before any license is issued, except to a dealer Installation of appliances and equipment ...... $100 in appliances and equipment for use of liquefied pe-Installation of carburetion equipment ............ $100 troleum gas, the applicant shall deliver to the depart-Dealer in liquefied petroleum gas, in ap- ment a good and sufficient bond in the amount of

pliances and in equipment for use of such $100,000, payable to the Governor of Florida, with gas and installation ................................................ $225 the applicant as principal and a surety company au-

(2) In addition to the requirements of subsection thorized to do business in this state as surety. The (1), any person applying for a license to engage in the bond shall be conditioned upon the principal's combusiness of dealer in liquefied petroleum gas; instal- pliance with the provisions of this chapter and the lation of appliances and equipment; installation of rules of the department with respect to the conduct

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of such business and shall indemnify and save harmless all persons from loss or damage by reason of the principal's failure to comply. However, the aggregated liability of the surety shall not exceed $100,000. If the bond becomes insufficient, the department may require a new bond to be filed forthwith, and if the principal fails to do so, it shall be the duty of the department to cancel the license issued and to give the principal written notice that it is unlawful to engage in business without a license. If the applicant furnishes satisfactory evidence that he is carrying a policy of bodily injury liability and property damage liability insurance covering the products and operations with respect to such business, issued by an insurer authorized to do business in the state, for an amount not less than $100,000 and that the premiums on such insurance are paid, then an insurance affidavit shall be accepted in lieu of the bond herein required. No new bond or insurance affidavit shall be required as long as the original bond or insurance remains sufficient and in full force and effect.

(2) Any person having a cause of action on such bond may bring suit against the principal and surety, and a copy of such bond duly certified by the department shall be received in evidence in the courts of this state without further proof. The department shall furnish a certified copy of such bond upon payment to it of its lawful fee for making and certifying such copy.

Hlotory.-B8. 3, 4, eh. 24302, 1947; 8. I, eh. 25105, 1949; 8. 11, eh. 25035, 1949; 8. I, eh. 29667, 1955; 8. I, eh. 61·158; B8. 13, 35, eh. 69·106; 8. 3, eh. 76·168; 8. I, eh. 77·457; B8. 3, 18, 19, eh. 81·175; 88.2,3, eh. 81·318; 88. I, 2, eh. 82·6; 8. 125, eh. 83·218; 8. 3, eh. 84·126.

'Note.-Repealed effective October I, 1987, by 8.2, eh. 82·6, and scheduled for review pursuant to 8. 11.61 in advance of that date.

Note.-Former B8. 526.14, 527.05.

1527.0605 Liquefied petroleum gas bulk plant locations; jurisdiction.-The provisions of this chapter shall apply to liquefied petroleum gas bulk plant locations when:

(1) A single container in the bulk plant has a capacity of 2,000 gallons or more;

(2) The aggregate container capacity of the plant is 4,000 gallons or more; or

(3) A container or containers are installed for the purpose of serving the public the liquid product.

Prior to the installation of any bulk storage container, the licensee must submit to the department a diagram of the facility which shows the proposed location of the container and must obtain written approval of such location from the department. No newly installed container may be placed in operation until it has been inspected and approved by the department.

History.-B8. 3, 6, eh. SO·390; 88. 5, 19, eh. 81·175; 8. 2, eh. 81·318; 88. I, 2, eh. 82·6; 8. 4, eh. 84·126. .

'Note.-Repealed effective October I, 1987, by 8. 2, eh. 82·6, and scheduled for review pursuant to 8. 11.61 in advance of that date.

1527.11 Minimum storage.-(1) Every person who engages in the distribution

of liquefied petroleum gas for resale to domestic, commercial, or industrial consumers as a prerequisite to obtaining a liquefied petroleum gas license shall install a bulk storage filling plant of not less than 12,000 gallons (water capacity) within the state.

(2) Those dealers who have entered or enter into written agreements with a wholesaler that the whole-

saler will provide liquefied petroleum gas to the dealer for a period of 12 continuous months are specifically exempt from the requirements of subsection (1), provided the wholesaler has at least 12,000 gallons (water capacity) bulk storage within this state permanently connected for storage and used as such for each such dealer to whom gas is sold; however, no wholesaler shall be required under this section to have more than 300,000 gallons (water capacity) permanent bulk storage for his entire operations either retailer or wholesaler in the state.

(3) An independent dealer who does not have a written contract with a supplier or wholesaler is exempt from the requirement of subsection (1); however, in lieu of the requirement set forth in subsection (1), such independent dealer must install a bulk storage tank with a capacity (water gallons) of not less than the total of liquefied petroleum gas sold by such dealer during the peak month of the preceding calendar year.

(4) A dealer in liquefied petroleum gas operating a single dispensing unit with a total capacity of 2,000 gallons (water capacity) or less is exempt from the requirements of this section.

(5) A "wholesaler" as used in this section is any person, as defined by s. 527.01(2), selling or offering to sell any liquefied petroleum gas for industrial, commercial, or domestic use to any person except the ultimate consumer.

HI.tory.-88. I, 2, eh. 57·219; 8. I , ch. 61·158; 88. 13, 35, eh. 69·106; 8. 3, eh. 76·168; 8. I, eh. 77·457; 8. I, eh. 77·457; 88. 18, 19, ch. 81·175; 88. 2, 3, ch. 81·318; 88. I, 2, ch. 82·6; 8. 5, ch. 84·126.

'Note.-Repealed effective October I, 1987, by 8. 2, ch. 82·6, and scheduled for review pursuant to 8. 11.61 in advance of that date.

Note.-Former 8. 526.21.

CHAPTER 531

WEIGHTS, MEASURES, AND STANDARDS

531.55 Metric conversion; state policy.

531.55 Metric conversion; state policy.-(1) INTENT.-It is the intent of the Legislature

that the policy of this state be to allow and foster the use of the metric system as the primary system of physical measurement and measurement language in the state on a voluntary basis. It is further the intent of the Legislature to remove any legal impediments currently in law to the voluntary adoption and use of the metric system of measurement in this state.

(2) DEFINITIONS.-As used in this section, unless the context otherwise requires:

(a) "Council" means the Florida Metric Council. (b) "Customary system of measurement" means

measurement by any method other than the metric system of measurement.

(c) "Metric system of measurement" means measurement in terms of units and related symbols and practices that are recognized by the Metric Conversion Act of 1975 (Pub. L. No. 94-168, 89 Stat. 1007; 15 U.S.C. ss. 205a et seq.).

(d) "Administrator" means the Commissioner of Agriculture.

(e) "Interagency metric committee" means an or-

953


ganization composed of employees of state and local government agencies which may be set up to advise the council and to be a medium of exchange of information on governmental action affecting conversion of government to the metric system of measurement.

(f) "Local ordinance" means an ordinance, regulation, or other enactment having the effect of law, except a state law.

(g) "Authorized limits" means, with respect to a difference in measurement between a physical quantity as expressed in the metric system of measurement under this section and as expressed in the customary system of measurement:

1. Within the lesser of 1 cent in money or 1 percent of the physical quantity expressed in the customary system, in the case of a fee, tax, levy, or other charge imposed or required by or a rate or price or the practices relating thereto regulated by or pursuant to law.

2. Within 12.5 percent of the physical quantity expressed in the customary system, in any other case.

(3) ADMINISTRATION.-(a) The Commissioner of Agriculture shall be re

sponsible for the administration of this section. (b) This section shall be administered based on

the principle of voluntary conversion to the metric system of measurement in this state and shall be coordinated with developments in other states.

(4) FLORIDA METRIC COUNCIL.-The Florida Metric Council is hereby created. The Administrator shall be a member of the council and shall serve as the chairman of the council.

(a) In addition to the Administrator, the council shall be composed of 18 other members as follows: The Administrator shall appoint to the council one representative, respectively, from industry, agriculture, commerce, education, labor, tourism, small business, science, engineering, consumers, and local government officials and one representative from an interagency metric committee which may be formed pursuant to this section, and any six other persons the Administrator determines to be appropriate to carry out the purposes of this section.

(b) Terms of office for council members shall be for 2 years. The Administrator may remove any member for cause and shall fill all vacancies.

(c) The members of the council shall receive no compensation for their services, except that they may receive per diem and legal travel expenses, as provided in s. 112.061, when actually engaged on the business of the council.

(5) POWERS AND DUTIES OF THE COUNCIL.-

(a) The council shall: 1. Serve as the principal medium within the state

for exchanging information on conversion to the metric system of measurement with federal, local, state, private, and public parties.

2. Utilize the 1978 Florida Metric Plan as the primary means to ensure the orderly conversion from a customary system of measurement to the metric system of measurement.

3. Revise the 1978 Florida Metric Plan as needed. 4. Receive and award funds to accomplish the

purposes of this section. 5. Provide executive direction and maintain nec-

essary staff to accomplish the purposes of this section.

6. Work with Senate and House standing committees to prepare and review legislation to remove legal barriers to the voluntary conversion to the metric system.

7. Elect a vice chairman and secretary annually, and adopt any necessary bylaws and other necessary operational guidelines.

8. Act at all times in cooperation with and under the general supervision of the Administrator and in accordance with the policies adopted by the Administrator.

9. Provide appropriate procedures whereby various groups, under the auspices of the council, may formulate and recommend or suggest to the council specific programs for coordinating the conversion to the metric system of any industry or segment thereof within this state.

10. Take into account activities in the private sector and public sector, so as not to duplicate activities.

11. Serve as the primary communications vehicle on metric matters between Florida, the United States Metric Board existing under the Metric Conversion Act of 1975 (Pub. L. No. 94-168, 89 Stat. 1007; 15 U.S.C. ss. 205a et seq.), and all other intrastate and interstate bodies and organizations.

(b) The council may establish an interagency metric council responsible to the Administrator which shall be composed of state and local governmental officials who shall be responsible for coordinating and planning specific metric conversion in the various governmental agencies.

(6) COUNCIL RECOMMENDATIONS.-The Administrator shall, upon the advice of the council, submit recommendations which may further the purposes of this section. Such recommendations shall be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Governor.

(7) COURT RULES.-The Administrator, at the request of the Supreme Court, may, upon the advice of the council, recommend amendments to court rules to supplement existing references expressed in the customary system of measurement with references expressed in the metric system of measurement.

(8) LOCAL ORDINANCES AND LA WS.-The governing body of any political subdivision is encouraged to amend any local ordinance that contains any reference expressed in the customary system of measurement with a reference expressed in the metric system of measurement. The governing body of any political subdivision may recommend to the President of the Senate and the Speaker of the House of Representatives the amendment of any local or speciallaw that contains any reference expressed in the customary system of measurement with a reference expressed in the metric system of measurement.

(9) EXPIRATION DATE.-The provisions of this section shall be void and inoperative on October 1,1986.

History.- 88. 1,2,3,4,5, 6,7,8, 9, cb. 79·316; s. 22, cb. 84·254.

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CHAPTER 534

LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF

534.081 Duties of law enforcement officers; appointment of special officers.

534.081 Duties of law enforcement officers; appointment of special officers.-

(1) All law enforcement officers of the state or any political subdivision thereof, including investigators and road guard inspection special officers of the department and highway patrolmen, are authorized to stop any driver of a vehicle transporting livestock, carcasses of livestock, inedible raw products of livestock, used grease, used restaurant grease, or other such products and to require such driver to present for inspection the evidence of ownership, or authority for possession, of such livestock, carcasses of livestock, inedible raw products of livestock, used grease, used restaurant grease, or other such products.

(2) All law enforcement officers of the state or any political subdivision thereof, including investiga-tors of the department, shall have the authority to visit all markets, slaughtering establishments, and places where slaughtered animals are offered for sale at reasonable intervals and to keep such markets under close observation.

(3)(a) The department may appoint as special of-

partment. In each case when any of such officers effects an arrest, the sheriff of the county in which such arrest is made is entitled to the lawful fees as if such arrest had been effected by him or his deputies.

(c) In the enforcement of the provisions of this chapter and other criminal laws relating to livestock, farm equipment, livery tack, farm or citrus .pr<?duc~, trespass, wild animal life, freshwater aquatic hfe, httering forests, forest fires, theft of forest products, damage to forest products, or other ~rimes c01~mitted incidental or related thereto or cnmes committed on property owned, managed, or occupied by the. department, such officers may go upon all premises, posted or otherwise, as necessary for the enforcement of such laws. The department may, at any time for cause, withdraw the appointments as special officers from such investigators of the department. All such special officers shall, upon certification under s. 943.1395(1), have the same right and authority to carry arms as do the sheriffs of this state. The compensation of such special officers shall be fixed and paid by the department.

History.-8. I, ch. 65-357; 8. 2, ch. 69-333; ... 14, 35, ch. 69-106; 8. I, ch. 70-235; 8. I , ch. 70-439; 8. I, ch. 79-323; 8. I, ch. 80-185; 8. 403, ch. 81-259; 8. I, ch. 83-178; 8. 31, ch. 84-258.

CHAPTER 542

COMBINATIONS RESTRICTING TRADE OR COMMERCE

ficers the investigators of the department authorized 542.25 by this section. Such special officers and all other law enforcement officers of the state, upon certification 542.28 under s. 943.1395(1), shall, in carrying out their du-

Judgment in favor of state as prima facie evidence.

Civil investigative demand.

ties specified in this section and in the enforcement of other criminal provisions in this chapter and other criminal laws relating to livestock, farm equipment, livery tack, farm or citrus products, trespass, wild animal life, freshwater aquatic life, littering, forests, forest fires, theft of forest products, damage to forest products, or other crimes committed incidental or related thereto or crimes committed on property owned, managed, or occupied by the department, have power and authority throughout the state. Each such special officer shall be covered by a public employee's faithful-performance-of-duty bond, with a corporate surety authorized to do business in this state, in the sum of $5,000, to be approved by the department, conditioned upon the faithful performance of his duties and payable to the Governor and his successors in office.

(b) All such officers, upon certification under s. 943.1395(1), shall have the power and authority to make arrests, with or without warrants, to the same

542.25 Judgment in favor of state as prima facie evidence.-A final judgment or decree entered in any civil or criminal proceeding brought by the Attorney General or a state attorney under s. 542.21 or s. 542.23 to the effect that a defendant has violated s. 542.18 or s. 542.19, or entered in any civil or criminal proceeding brought by the United States Department of Justice under comparable federal laws, shall be prima facie evidence against such defendant in any civil action or proceeding under this chapter brought by any other person against such defendant as to all matters with respect to which such judgment or decree would be an estoppel as between the parties thereto; however, this section does not apply to a .consent judgment or decree entered before any testimony has been taken. Nothing contained in this section shall be construed to impose any limitation on the application of collateral estoppel.

Hi8tory.-8. I , ch. 80-28; 8. I, ch. 84-146.

extent and under the same limitations and duties as 542.28 Civil investigative demand.-do peace officers under the provisions of chapter 901, (1) Whenever the Attorney General, or a state at-for the violations of the criminal provisions of this torney with appropriate jurisdiction and with the chapter and other criminal laws relating to livestock, written consent of the Attorney General, has reason farm equipment, livery tack, farm or citrus products, to believe that any person may be in possession, custrespass, wild animal life, freshwater aquatic life, lit- tody, or control of any documentary material, or m~y tering, forests, forest fires, theft of forest products, have any information, which documentary material damage to forest products, or other crimes commit- or information is relevant to a civil antitrust investited incidental or related thereto or crimes committed gation authorized by s. 542.27(3), the Attorney Genon property owned, managed, or occupied by the de- eral or such state attorney may, prior to the institu-

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tion of a civil or criminal proceeding thereon, issue in writing and cause to be served upon such person a civil investigative demand requiring such person to:

(a) Produce such documentary material for inspection and copying or reproduction;

(b) Answer, under oath and in writing, written interrogatories;

(c) Give sworn oral testimony concerning the documentary material or information; or

(d) Furnish any combination of such material, answers, or testimony.

(2) The demand shall: (a) Be served upon the person in the manner re

quired for service of process in this state or by certified mail showing receipt by the addressee or by the authorized agent of the addressee.

(b) State the nature of the conduct which constitutes the violation of this chapter or of the federal antitrust laws and which is alleged to have occurred or to be imminent.

(c) Describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to permit such materials to be reasonably identified.

(d) Prescribe a date and time at which the person must appear to testify, under oath or affirmation, or by which the person must answer written interrogatories or produce the documentary material for inspection or copying; however, such date shall not be earlier than 30 days from the date of service of the investigative demand.

(e) Specify a place for the taking of testimony or for the submission of answers to interrogatories and identify the person who is to take custody of any documentary material. Inspection and copying of documentary material shall be carried out at the place where the documentary material is located or at such other place as may be thereafter agreed to by the person and such designated custodian. Upon written agreement between the person and the designated custodian, copies may be substituted for original documents.

(3) No such demand shall require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such material, answers, or testimony would be protected from disclosure under:

(a) The standards applicable to subpoenas or subpoenas duces tecum issued by a court of this state in aid of a grand jury investigation; or

(b) The standards applicable to a discovery request under the Florida Rules of Civil Procedure, to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of this chapter.

(4) Nothing in this section, however, shall limit the power of the Attorney General or a state attorney to require the appearance of witnesses or production of documents or other tangible evidence located outside the state.

(5) Within 30 days after the service of an investigative demand upon any person or at any time before the return date specified therein, whichever period is longer, the person served may file in the circuit court in and for the county in which the person resides or transacts business, and serve upon the Attorney General or state attorney, a petition for an order of the

court modifying or setting aside the demand. The time allowed for compliance in whole or in part with the demand as deemed proper and ordered by the court shall not run while the petition is pending before the court. The petition shall specify each ground upon which the petitioner relies in seeking relief and may be based upon the failure of the demand to comply with the provisions of this chapter or upon any constitutional or other legal right or privilege of such person.

(6) In case of the failure of any person to comply in whole or in part with a written investigative demand and when such person has not filed a petition under subsection (5), any circuit court of this state, upon application of the Attorney General or state attorney, may issue an order requiring compliance. The failure to obey the order of the court shall be punishable as a contempt of court.

(7) The examination of all witnesses under this section shall be conducted by the Attorney General, or a state attorney with appropriate jurisdiction, before an officer authorized to administer oaths in this state. The testimony shall be taken stenographically or by a sound-recording device. Any person compelled to appear under a demand for oral testimony pursuant to this section may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, either upon the request of such person or upon counsel's own initiative, with respect to any question asked of such person. Such person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for any such objection. If such person refuses to answer any question, the person conducting the examination may petition the circuit court as provided by subsection (11).

(8) When the testimony is fully transcribed, the person conducting the deposition shall afford the witness, and counsel if any, a reasonable opportunity to examine the transcript, and the transcript shall be read to or by the witness, unless such examination and reading is waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer, the Attorney General, or a state attorney, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness unless the witness waives the signing in writing, is ill, cannot be found, or refuses to sign: If the transcript is not signed by the witness within 30 days of his being afforded a reasonable opportunity to examine it, the person conducting the examination shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or refusal to sign, together with the reason, if any, given therefor. Any person required to testify or to submit documentary evidence is entitled, on payment of reasonable costs, to procure a copy of any document produced by such person and of his own testimony as stenographically reported or, in the case of a deposition, as reduced to writing by or under the direction of the person taking the deposition.

(9) Notwithstanding any of the provisions of chapter 119, it is the duty of the Attorney General or a state attorney to maintain the secrecy of all evidence, testimony, documents, work product, or other results of such investigative demand. However, the

956


Attorney General or state attorney may disclose such investigative evidence to:

(a) Any court or tribunal in this state; or (b) Other law enforcement authorities of the Fed

eral Government or other state governments that have restrictions governing confidentiality similar to those contained in this subsection.

(10) The Attorney General shall have the authority to stipulate to protective orders with respect to documents and information submitted in response to an investigative demand under this section.

(11) The Attorney General or a state attorney may request that any natural person who refuses to comply with any provisions of this section on the ground that the testimony or documents may incriminate him be ordered by the circuit court to provide the testimony or the documents. Except in a prosecution for perjury, a natural person who complies with a court order to provide testimony or documents after asserting a privilege against self-incrimination to which he is entitled by law may not be subject to a criminal proceeding or to the civil penalty of s. 542.21(1), with respect to the transaction to which he is required to testify or produce documents. Any natural person who fails to comply with such a court order to testify or produce documents may be adjudged in contempt and imprisoned until the time he purges himself of the contempt.

(12) While in the possession of the custodian, documentary material, answers to interrogatories, and transcripts of oral testimony shall be available, under such reasonable terms and conditions as the Attorney General or a state attorney shall prescribe, for examination by the person who produced such materials or answers, or his duly authorized representative.

(13) Nothing contained in this section shall impair the authority of the Attorney General or state attorney to:

(a) Institute a civil proceeding under s. 542.22; (b) Lay before a grand jury of this state evidence

concerning a violation of this chapter; (c) Invoke the power of a court to compel the pro

duction of evidence before a grand jury; or (d) File a civil complaint or criminal indictment

alleging a violation of this chapter. (14)(a) No person, knowing or having reason to

believe that a demand pursuant to this section is pending, shall:

1. Alter, destroy, conceal, or remove any record, document, or thing with the purpose of impairing its verity or availability in such proceeding or investigation; or

2. Make, present, or use any record, document, or thing, knowing it to be false.

(b) Any person who violates a provision of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(15) When copies of documentary material made available pursuant to an investigative demand are no longer required for use in a pending proceeding or, absent any pending proceeding, are no longer required in connection with the investigation for which they were demanded, or at the end of 24 months following the date when the material was made available, whichever is sooner, all copies of the material

shall be returned, unless a request to extend the period beyond 24 months has been filed in the court in which a request for an order compelling compliance pursuant to subsection (6) could be filed. This subsection does not require the return of any copies of the documentary material that have passed into the control of any court or grand jury.

HI.tory.-8. 1, ch. 80-28; 8. 2, ch. 84-146.

548.001 548.002 548.003 548.004

548.006 548.007

548.01

548.011

548.Q12 548.013 548.014

548.017

548.02

548.021 548.022 548.023 548.025 548.026 548.028 548.03 548.032 548.033 548.035 548.037 548.04 548.041 548.042 548.043 548.045

548.046

548.047

548.049

548.05 548.052

548.053

548.054

CHAPTER 548

PUGILISTIC EXHIBITIONS

Short title. Definitions. State Athletic Commission. Executive secretary; deputies; duties, com

pensation. Power of commission to control boxing. Applicability of act to amateur matches

and certain other matches or events. Prizefighting, pugilistic exhibitions; penal

ty. Power of commission to issue, withhold,

suspend, or revoke licenses and permits. Promoter's license. Foreign copromoter license requirement. Promoters and foreign copromoters; bonds

or other security. Boxers, managers, and other persons re

quired to have licenses. Acting as second, stakeholder, counselor,

or adviser; penalty. Applications for licenses and permits. Oral examinations. Fingerprints. License fees. Duration of license. Refusal to issue license. "Pugilistic exhibition" defined. Permit for program of matches. Local prohibiting ordinance. Permit fees. Admissions not to exceed seating capacity. Physician's attendance required. Age of boxers. Participation under fictitious name. Weights and classes, limitations; gloves. Medical advisory council; qualifications,

compensation, powers and duties. Physician's attendance at match; examina

tions; cancellation of match. Duty of licensee to disclose condition of

boxer. Medical, surgical, and hospital insurance;

life insurance. Control of contracts. Payment of advances by promoter or for

eign copromoter regulated. Distribution of purses to boxers; state

ments. Withholding of purses; hearing; disposition

of withheld purse forfeiture.

957


548.056

548.057

548.058 548.06 548.061 548.064 548.066 548.069 548.07

548.071

548.073 548.074 548.075 548.077 548.079

Prohibited financial interests in boxer; penalties.

Attendance of referee and judges at match; scoring; seconds.

Sham or collusive contest prohibited. Payments to state; exemptions. Closed circuit television. Destruction of ticket or ticket stub. Ticket refunds. Age of spectators. Suspension of license or permit by commis

sioner; hearing. Suspension or revocation of license or per-

mit by commission. Commission hearings. Subpoenas. Administrative fines. Fees, fines, and forfeitures; disposition. Misdemeanors.

1548.001 Short title.-Sections 548.001 through 548.079 shall be known and may be cited as the "Joe Lang Kershaw Act."

Hlotory.-&. 2, 4, ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled

for review pursuant to s. 11.61 in advance of that date.

1548.002 Definitions.-As used in this act, the term:

(1) "Amateur" means a person who has never received nor competed for any purse or other article of value, either for the expenses of training or for participating in a match, other than a prize of $50 in value or less.

(2) "Commission" means the State Athletic Commission.

(3) "Contest" means a boxing engagement in which the boxers strive earnestly to win.

(4) "Exhibition" means a boxing engagement in which the participants show or display their skill without necessarily striving to win.

(5) "Foreign copromoter" means a promoter who has no place of business within this state.

(6) "Judge" means a person, other than a referee, who has a vote in determining the winner of any contest.

(7) "Manager" means any person who, directly or indirectly, controls or administers the boxing affairs of any boxer.

(8) "Match" means any contest or exhibition. (9) "Matchmaker" means a person who brings to

gether professionals or arranges matches for professionals.

(10) "Physician" means an individual licensed to practice medicine and surgery in this state.

(11) "Professional" means a person who has received or competed for any purse or other article of a value greater than $50, either for the expenses of training or for participating in any match.

(12) "Promoter" means any person, and includes any officer, director, employee, or stockholder of a corporate promoter, who produces, arranges, or stages any match involving a professional.

(13) "Purse" means the financial guarantee or other remuneration for which a professional is participating in a match and includes the professional's

share of any payment received for radio broadcasting, television, and motion picture rights.

Hiotory.-ss. 2, 4, ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled


1548.003 State Athletic Commission.-(1) The State Athletic Commission is created un

der the Department of Business Regulation. The State Athletic Commission shall consist of three members appointed by the Governor, subject to confirmation by the Senate. For the initial appointments to the commission, one member shall be appointed for a I-year term, one member shall be appointed for a 2-year term, and one member shall be appointed for a 3-year term. Upon the expiration of the term of an initial commissioner, the Governor shall appoint a successor to serve for a 4-year term.

(2) The State Athletic Commission, as created by subsection (1), shall administer the provisions of this chapter. 2The commission may adopt rules to implement this chapter.

(3) The commission shall maintain an office in Tallahassee and any necessary branch offices. 3At the first meeting of the commission after June 1 of each year, the commission shall select a chairman from among its membership. Two members shall constitute a quorum and the concurrence of at least two members is necessary for official commission action.

(4) Each member of the commission shall be compensated at the rate of $25 for each day he attends a commission meeting, and shall be reimbursed for other expenses as provided in s. 112.061.

Hiotory.-88. 1, 2, 4, ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled

for review pursuant to s. 11.61 in advance of that date. 'Note.-Section 2; ch. 84-246, provides that "The members of the commission

may, at their first meeting after their appointment, adopt rules to implement this chapter.·

'Note.-Section 2, ch. 84·246, provides that "The initial chairman sball be ap· pointed by the Governor.·

1548.004 Executive secretary; deputies; duties, compensation.-

(1) The commission shall employ an executive secretary who shall receive a salary to be fixed by the commission with the approval of the Governor. The executive secretary shall keep a record of all proceedings of the commission; shall preserve all books, papers, and documents pertaining to the business of the commission; shall prepare any notices and papers required; and shall perform such other duties as the commission directs. The executive secretary may issue witness subpoenas and administer oaths.

(2) The commission may appoint any deputies that are necessary, whose compensation shall be the same as that of the commissioners. A deputy shall, on the order of the commission, represent the commission at a boxing match.

HI.tory.-88. 2, 4, ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled


1548.006 Power of commission to control boxin g.-The commission has exclusive jurisdiction over every match held within the state which involves a professional. Matches shall be held only in accordance with this chapter.

Hi.torY.-88. 2,4, ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled


958


1548.007 Applicability of act to amateur matches and certain other matches or events. -Sections 548.001-548.079 do not apply to:

(1) Any match in which the participants are amateur boxers;

(2) Any match conducted or sponsored by a university, college, or secondary school if all the boxers are students regularly enrolled in the institution;

(3) Any match conducted or sponsored by a nationally chartered veterans' organization registered with the state;

(4) Any match conducted or sponsored by any company or detachment of the Florida National Guard; or

(5) Any official Olympic event. Bistory.-88. 2, 4, ch. 84-246.

'Note.-Expires October 1, 1994, pursuant to s. 4, cb. 84-246, and is scbeduled for review pursuant to s. 11.61 in advance of that date.

548.01 Prizefighting, pugilistic exhibitions; penalty.-[Repealed by s. 3, ch. 84-246.]

1548.011 Power of commission to issue, withhold, suspend, or revoke licenses and permits. -The commission has exclusive jurisdiction to issue, withhold, suspend, or revoke any license or permit provided for in this chapter.

Bistory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scbeduled

for review pursuant to s. 11.61 in advance of tbat date.

1548.012 Promoter's license.-(1) A promoter may not, directly or indirectly,

promote any match involving a professional, unless the promoter has been issued a license therefor by the commission.

(2) A violation of this section is a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Bistory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


1548.013 Foreign copromoter license requirement.-

(1) No foreign copromoter may, directly or indirectly, participate in the promotion of, receive any remuneration from, or render any services in connection with any match involving a professional, unless the foreign copromoter has been issued a license therefor by the commission. No promoter may be associated with any foreign copromoter in promoting any match, unless the foreign copromoter has been issued a license.

(2) A foreign copromoter by accepting a license agrees to be subject to all the provisions of this chapter.


Bistory.-88. 2,4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, cb. 84-246, and is scheduled


1548.014 Promoters and foreign copromoters; bonds or other security.-

(l)(a) Before any license is issued or renewed to a foreign copromoter and before any permit is issued to a foreign copromoter, he must file a surety bond with

the commission in such reasonable amount, but not less than $3,000, as the commission determines.

(b) All bonds shall be upon forms approved by the Department of Legal Affairs and supplied by the commission.

(c) The sufficiency of any surety is subject to approval of the commission and the Department of Legal Affairs.

(d) The surety bond shall be conditioned upon the faithful performance by the promoter or foreign copromoter of his obligations under this chapter and upon the fulfillment of his contracts with any other licensees under this chapter. However, the aggregate annual liability of the surety for all obligations and fees shall not exceed the amount of the bond.

(2) In lieu of a surety bond, the promoter or foreign copromoter may deposit with the commission cash, a certified check, or direct obligations of the United States or this state which are acceptable to the commission in an equivalent amount and subject to the same conditions as the bond. No such security may be returned to the promoter until 1 year after the date on which it was deposited with the commission unless a surety bond is substituted for it. If no claim against the deposit is outstanding, it shall be returned to the depositor 1 year from the date it was deposited.

(3) A filing fee of $10 shall accompany each bond, cash, or security deposited under this section.

(4) Recovery may be made against any bond, cash, or other security in the same manner as penalties are recoverable at law.

Bistory.-88. 2,4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scbeduled


1548.017 Boxers, managers, and other persons required to have licenses.-

(1) A professional boxer, manager, trainer, second, timekeeper, referee, judge, announcer, physician, matchmaker, or booking agent or representative of a booking agent shall be licensed before directly or indirectly acting in such capacity in connection with any match involving a professional.


Bistory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scbeduled


548.02 Acting as second, stakeholder, counselor, or adviser; penalty.-[Repealed by s. 3, ch. 84-246.]

1548.021 Applications for licenses and permits.-An application for a license or a permit must:

(1) Be in writing on a form supplied by the commission.

(2) Be verified by the applicant. (3) Be complete and have attached to the appli

cation any photographs and other exhibits required. Bi.tory.-88. 2, 4, ch. 84-246.

'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1548.022 Oral examinations.-The commission may require any applicant or any officer, director, employee, or stockholder of a corporate applicant,

959


before taking action on his application, to appear before the commission for an oral examination, under oath, as to his qualifications.

History.-88. 2, 4, ch. 84·246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.023 Fingerprints.-The commission shall require the fingerprints of each applicant to be filed in duplicate and may require the fingerprints of any officer, director, employee, or stockholder of a corporate applicant to be filed. One set of fingerprints shall be filed in the Tallahassee office of the Department of Law Enforcement, and the other set shall be filed in the office of the commission. The commission is authorized to have fingerprint checks conducted of any person from whom it is authorized to require fingerprints.

History.-88. 2, 4, ch. 84-246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.025 License fees.-(1) The commission shall set license fees as fol-

lows: (a) Promoter, matchmaker-not to exceed $500. (b) Any other license-not to exceed $100. (2) The commission may i"sue licenses, without

charge, to referees and physicians authorizing them to officiate only at matches involving amateurs.

History.-88. 2, 4, ch. 84·246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.026 Duration of license.-Each license shall expire on December 31 next following the date on which it was issued.

History.-88. 2, 4, ch. 84-246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.028 Refusal to issue license.-The commission shall not issue a license to:

(1) Any person who in any jurisdiction has been convicted of any act which would constitute a violation of this chapter or which would constitute any of the grounds set forth in this chapter for suspension or revocation of a license or against whom such charges are pending before any regulatory body; or

(2) Any person who has been named in an information or indictment for any act which would constitute a violation of this chapter or a ground for suspension or revocation of a license.

Hi.tory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


548.03 "Pugilistic exhibition" defined.-[Repealed by s. 3, ch. 84-246.]

'548.032 Permit for program of matches.-In addition to a promoter's license, a promoter must procure a permit for each program of matches before presenting that program. Each application for a permit shall specify the location and time of the program.

Hi.tory.-ss. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.033 Local prohibiting ordinance.-A permit may not be issued for a match to be held within any political subdivision of this state that has adopted a local ordinance or resolution prohibiting such matches.

Hlstory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.035 Permit fees.-The commission shall set permit fees based on seating capacity of the premises where the program is to be presented as follows:

(1) If the seating capacity is less than 2,000 persons, the fee shall not exceed $50.

(2) If the seating capacity is 2,000 persons or more but does not exceed 5,000 persons, the fee shall not exceed $100.

(3) If the seating capacity exceeds 5,000 persons, the fee shall not exceed $250.

Hlstory.-88. 2,4, ch. 84-246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.037 Admissions not to exceed seating capacity.-It is a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any promoter to sell or cause to be sold more tickets of admission for any match than can be accommodated by the seating capacity of the premises where the match is to be held.

Hlltory.-88. 2,4, ch. 84-246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


548.04 Physician's attendance required. -[Repealed by s. 3, ch. 84-246.]

'548.041 Age of boxers.-A person under 18 years of age may not participate in any match, except that an amateur who is 16 or 17 years of age may participate in matches with other amateurs who are 16 or 17 years of age under rules adopted by the commission.

Hlltory.-88. 2, 4, ch. 84-246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.042 Participation under fictitious name. -A person may not participate under a fictitious or assumed name in any match involving an amateur unless he has registered the name with the commission.

Hlltory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


'548.043 Weights and classes, limitations; gloves.-

(1) The commission shall establish classes of boxers based upon weights.

(2) No match shall be held in which the difference in weight of the boxers exceeds 10 pounds, except matches in the light-heavyweight and heavyweight classes and exhibitions held solely for training purposes.

(3) All boxers shall wear boxing gloves weighing not less than 6 ounces each.

Hlltory.-88. 2,4, ch. 84-246. 'Note.-Expir .. October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


960


'548.045 Medical advisory council; qualifications, compensation, powers and duties.-

(1) A medical advisory council, which shall consist of five members appointed by the Governor, is created. Each member must be licensed to practice medicine in this state and must, at the time of his appointment, have practiced medicine at least 5 years.

(2) Initially, two of the members shall be appointed for terms of 1 year, one member shall be appointed for a term of 2 years, one member shall be appointed for a term of 3 years, and one member shall be appointed for a term of 4 years. The term of each member thereafter appointed, except to fill a vacancy, shall be 4 years.

(3) The Governor shall designate one of the members of the council as its chairman.

(4) Each member shall be paid per diem for each day that he performs his duties under this chapter and shall be reimbursed for his expenses as provided in s. 112.061.

(5) The council shall prepare, and submit to the commission, standards for the physical and mental examination of boxers. A standard shall not become effective until approved by the commission. The council shall recommend physicians who are qualified to make the examinations of boxers required by this chapter and shall perform any other duties as the commission may direct.

Hiatory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to 8. 4, ch. 84-246, and ill scheduled

for review pursuant to 8. 11.61 in advance of that date.

'548.046 Physician's attendance at match; examinations; cancellation of match.-

(1) The commission shall assign to each match a physician who shall observe the physical condition of the boxers and advise the commissioner or deputy in charge and the referee of the boxers' conditions before and during the match. The commission shall establish a schedule of fees for the physician's services. The physician's fee shall be paid by the promoter of the match attended by the physician.

(2) In addition to any other required examination, each boxer shall be examined by the attending physician within 3 hours before he enters the ring. If the physician determines that a boxer is physically or mentally unfit to proceed, the physician shall notify any commissioner or the deputy in charge who shall immediately cancel the match. The examination shall conform to rules adopted by the commission based on the advice of the medical advisory council. The result of the examination shall be 2reported in a writing signed by the physician and filed with the commission within 72 hours after the match.

HI.tory.-88. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled

for review pursuant to 8. 11.61 in advance of that date. 'Note.-The word "reported" was inserted by the editors.

'548.047 Duty of licensee to disclose condition of boxer.-A licensee shall disclose all information in his possession concerning any mental or physical disability, injury, illness, or incapacity of a boxer, immediately after learning thereof, to the commission, the deputy in charge, the attending physician, or the referee.

HI.tory.-88. 2,4, ch. 84-246. 'Note.-Expires October I, 1994, pursuant to 8. 4, ch. 84-246, and ill scheduled


'548.049 Medical, surgical, and hospital insurance; life insurance.-

(1) The commission may, by rule, require boxers to be covered by not less than $5,000 of insurance for medical, surgical, and hospital care 2required as a result of injuries sustained while preparing for or engaged in matches. The insured shall be the beneficiary of such policies.

(2) The commission may also require boxers to be covered by not less than $5,000 of life insurance covering deaths caused by injuries received while preparing for or engaged in matches.

HI.tory.-88. 2, 4, ch. 84-246. 'Note.-Expires October I, 1994, pursuant to 8. 4, ch. 84-246, and ill scheduled

for review pursuant to 8. 11.61 in advance of that date. 'Note.-The words "required as a result of" were 8ubstituted by the editors

for the words "resulting from."

'548.05 Control of contracts.-(1) The commission shall adopt rules governing

the form and content of contracts between promoters, foreign copromoters, and professionals. All such contracts shall be in writing.

(2) Each contract between a manager and a professional shall contain provisions governing its duration, division of the professional's purses, and any minimum sum guaranteed annually to the professional by the manager. Each contract shall provide that it is automatically terminated if the license of either party is revoked by the commission or if the manager fails to renew his license within 30 days after its expiration date. If the license of either party is suspended, the contract is not binding upon the other party during the period of suspension.

(3) Each contract subject to this section shall contain the following clause: "This agreement is subject to the provisions of chapter 548, Florida Statutes, and to the rules of the State Athletic Commission and to any future amendments of either."

Hlatory.-88. 2, 4, ch. 84-246. 'Note.-Expires October I, 1994, pursuant to 8. 4, ch. 84-246, and ill scheduled


'548.052 Payment of advances by promoter or foreign copromoter regulated.-A promoter or foreign copromoter may not pay, lend, or give a contestant an advance against his purse before a contest, except with the prior written permission of a commissioner; and, if permitted, such advance may be made only for expenses for transportation and maintenance in preparation for a contest.

Hlatory.-88. 2,4, ch. 84-246. 'Note.-Expires October I, 1994, pursuant to s. 4, ch. 84-246, and ill scheduled


'548.053 Distribution of purses to boxers; statements.-

(1) Unless otherwise directed by a representative of the commission, all purses shall be distributed by the promoter no later than 24 hours after the match. A written statement showing the distribution of the purse, including each item of receipt and each expenditure or deduction, shall be furnished to the boxer and his manager, together with the boxer's share of the purse. The promoter shall file a copy of the statement, certified by him to be correct, with receipted vouchers for all expenditures and deductions, with the commission no later than 72 hours after the match.

961


(2) Unless otherwise directed by a representative of the commission, a manager shall furnish to the boxer he manages a statement of distribution, together with the boxer's share of the purse, no later than 24 hours after the manager receives the purse and statement from the promoter. The manager shall file a copy of the statement, certified by him to be correct, with receipted vouchers for all expenditures and deductions, with the commission no later than 72 hours after he receives the distribution from the promoter.

Hi.tory.-ss. 2. 4. ch. 84·246. 'Note.-Expires October 1. 1994. pursuant to s. 4. ch. 84·246. and is scheduled


1548.054 Withholding of purses; hearing; disposition of withheld purse forfeiture.-

(1) A member of the commission, the deputy in charge, or the referee may order a promoter to withhold any purse or other funds payable to a boxer, or to withhold the share of any manager, if it appears that:

(a) The boxer is not competing honestly, or is intentionally not competing to the best of his ability and skill, in a match represented to be a contest; or

(b) The boxer, his manager, or any of his seconds has violated this chapter.

(2) Any purse so withheld shall be delivered by the promoter to the commission upon demand. Within 10 days after the match, the person from whom the sum was withheld may apply in writing to the commission for a hearing. Upon receipt of the application, the commission shall fix a date for a hearing. Within 10 days after the hearing or after 10 days following the match, if no application for a hearing is filed, the commission shall meet and determine the disposition to be made of the withheld purse. If the commission finds the charges sufficient, it may declare all or any part of the funds forfeited. If the commission finds the charges not sufficient upon which to base a withholding order, it shall immediately distribute the withheld funds to the persons entitled thereto.

(3) If a contestant's purse is forfeited, the commission may include any payments or advances as part of the forfeiture, and if the contestant does not forward such amount to the commission, such payments and advances may be recovered in the same manner as a debt due the state.

Hi.tory.-ss. 2. 4. ch. 84·246. 'Note.-Expires October 1. 1994. pursuant to s. 4. ch. 84·246, and is scheduled


1548.056 Prohibited financial interests in boxer; penalties.-

(1) A member of the commission; an employee of the commission; a referee, judge, or promoter licensed by the commission; or an attending physician may not have any direct or indirect financial or pecuniary interest in any boxer.

(2)(a) A manager, trainer, or second of any boxer shall not have any direct or indirect financial or pecuniary interest in the opponent in any contest in which his own boxer participates.

(b) A boxer shall not have any direct or indirect financial or pecuniary interest in his opponent in any contest.

(3) A violation of this section is a misdemeanor of

the second degree, punishable as provided in s. 775.082 or s. 775.083.

HI.tory.-ss. 2. 4, ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled


1548.057 Attendance of referee and judges at match; scoring; seconds.-

(1) At each match involving a professional, except at an exhibition held solely for training purposes, at the expense of the promoter, a referee designated by the commission shall direct and control the match.

(2) At each contest, at the expense of the promoter, two licensed judges shall attend and shall, together with the referee, render their individual decisions in writing on scorecards supplied by the commission at the end of each contest which continues for the scheduled number of rounds. Each judge and the referee shall have one vote, and a majority of the votes cast shall determine the winner.

(3) The commission shall prescribe the methods of scoring.

(4) Before the start of any match, the referee shall obtain the name of each boxer's chief second. The chief second shall be responsible for the conduct of his assistants during the match.

HI.tory.-88. 2. 4. ch. 84·246. 'Note.-Expires October 1. 1994. pursuant to s. 4, ch. 84·246, and is scheduled


1548.058 Sham or collusive contest prohibited.-

(1) No person shall knowingly conduct, participate in, or be connected with a match which is represented to be a contest if one or both of the participants does not use his best efforts and skill or does not strive earnestly to win; if the result thereof has been prearranged; or if either participant does not use, or is prevented from using, his best efforts and skill as a result of coercion, bribery, duress, threats, reward or promise thereof, physical incapacity or disability, suggestion or agreement, or any other improper or unlawful means.

(2) If a licensee has knowledge of an act prohibited by subsection (1), he shall immediately report such knowledge to the commission. The report shall be in writing or, if oral, shall be immediately reduced to writing and shall contain all of licensee's reasons for the conclusions set forth in his report.


Hlstory.-88. 2. 4. ch. 84·246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84·246, and is scheduled


1548.06 Payments to state; exemptions.-(1) A promoter holding a match shall, within 72

hours after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. For the purposes of this chapter, total gross receipts include:

(a) The gross price charged for the sale or lease of broadcasting, television, and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges;

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(b) The portion of the receipts from the sale of souvenirs, programs, and other concessions received by the promoter; and

(c) The face value of all tickets sold and complimentary tickets issued.

(2) The written report shall be accompanied by a tax payment in the amount of 5 percent of the total gross receipts exclusive of any federal taxes.

(3)(a) Any promoter who willfully makes a false and fraudulent report under this section is guilty of perjury and, upon conviction, is subject to punishment as provided by law. Such penalty shall be in addition to any other penalties imposed by this chapter.

(b) Any promoter who willfully fails, neglects, or refuses to make a report or to pay the taxes as prescribed or who refuses to allow the commission to examine the books, papers, and records of any promotion is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Hi.tory.-S8. 2.4. ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is acheduled


1548.061 Closed circuit television.-Each person or club that holds or shows any boxing or sparring matches on a closed circuit telecast viewed within this state, whether originating within this state or another state, shall file a written report, under oath, which states the exact number of tickets sold for the showing, the amount of gross receipts, and any other information the commission requires and shall, within 72 hours after the telecast, pay a tax of 5 percent of its total gross receipts from the sale of tickets.

Hi.tory.-s •. 2,4, ch. 84-246. 'Note.-Expires October 1. 1994, pursuant to s. 4, ch. 84-246, and is acheduled


1548.064 Destruction of ticket or ticket stub. -It is a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, for any promoter or person associated with or employed by any promoter to destroy any ticket to a match or any ticket stub, whether sold or unsold, within 6 months after the date of the match, except upon prior written authorization of the commission.

Hi.tory.-SB. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is acheduled


1548.066 Ticket refunds.-(1) Upon the postponement, substitution of ei

ther participant, or cancellation of the main event or the entire program of matches, the promoter shall refund the full purchase price of a ticket to each person presenting a ticket for a refund within 30 days after the scheduled date of the event. Within 10 days after the expiration of the 30-day period, the promoter shall pay all unclaimed ticket receipts to the commission. The commission shall hold the funds for 1 year and make refunds during such time to any person presenting a ticket for a refund. Thereafter, the commission shall pay all remaining moneys from the ticket sale to the State Treasurer for deposit into the General Revenue Fund.

(2) For failure to comply with this section, the commission may declare a promoter's or foreign copromoter's bond or other security forfeited, suspend

or revoke the license of a promoter or foreign copromoter, and impose any other penalty provided.

Hi.tory.-ss. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


1548.069 Age of spectators.-A person under 16 years of age may not attend a match unless such person is accompanied by an adult or unless the exhibition is of amateur status.

Hi.tory.-SB. 2.4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is acheduled


1548.07 Suspension of license or permit by commissioner; hearing.-Notwithstanding any provision of chapter 120, any member of the commission may, upon his own motion, or upon the verified written complaint of any person charging a licensee or permittee with violating this chapter, suspend any license or permit until final determination by the commission, if such action is necessary to protect the public welfare and the best interests of boxing. The commission shall hold a hearing within 10 days after the date on which the license or permit is suspended.

Hi.tory.-S8. 2, 4, ch. 84-246. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-246, and is scheduled


1548.071 Suspension or revocation of license or permit by commission.-The commission may suspend or revoke a license or permit if the commission finds that the licensee or permittee:

(1) Is guilty of violating this chapter or the rules of the commission.

(2) Has committed fraud or deceit in securing any license or permit.

(3) Has been convicted of, has pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation.

(4) Is guilty of unprofessional or unethical conduct.

(5) Has made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under this chapter.

(6) Has failed to account for or pay over moneys belonging to others which have come into his possession in connection with a match.

(7) Has failed to furnish to the proper party a copy of any contract or statement required by this chapter or has breached such a contract.

(8) Has paid or agreed to pay any money or article of value to any licensee or permittee for soliciting or for business secured or for rendering any service or the doing of any of the acts forbidden by this chapter and the rules adopted hereunder.

(9) Has loaned his license or permit to another person or has borrowed or used the license or permit of another.

(10) Has employed a person who does not hold a license or permit as required by law.

(11) Has failed to maintain in force the bond required by this chapter or has failed to deposit with the commission the required cash, check, or securities.

963


(12) Has been disciplined by the State Athletic Commission or similar agency or body of any jurisdiction.

(13) Has failed to pay a fine imposed under this chapter.

History.-ss. 2. 4. ch. 84-246. ' Note.-Expires October 1. 1994. pursuant to 8.4. ch. 84-246. and i8 scheduled


1548.073 Commission hearings.-Notwithstanding the provisions of chapter 120, any member of the commission may conduct a hearing. Before any adjudication is rendered, a majority of the members of the commission shall examine the record and approve the adjudication and order.

History.-88. 2. 4. ch. 84-246. 'Note.-Expires October 1. 1994. pursuant to 8. 4. ch. 84-246. and is scheduled


1548.074 Subpoenas.-In addition to the powers of subpoena in chapter 120, each member of the commission may issue subpoenas requiring the attendance and testimony of, or the production of books and papers by, any person whom the commission believes to have information or documents of importance to any commission investigation.

History.-8S. 2. 4. ch. 84-246. 'Note.-Expires October 1. 1994. pursuant to 8. 4. ch. 84-246. and is scheduled


1548.075 Administrative fines.-The commission may impose a fine of not more than $5,000 for any violation of this chapter in lieu of or in addition to any other punishment provided for such violation.

History.-88. 2. 4. ch. 84-246. 'Note.-Expires October 1. 1994. pursuant to 8. 4. ch. 84-246. and is scheduled


1548.077 Fees, fines, and forfeitures; disposition.-All fees, fines, forfeitures, and other moneys collected under the provisions of this chapter shall be paid by the commission to the State Treasurer who, after the expenses of the commission are paid, shall deposit them in the General Revenue Fund.

History.-8S. 2. 4. ch. 84-246. 'Note.-Expires October 1. 1994. pursuant to 8. 4. ch. 84-246. and is scheduled


1548.079 Misdemeanors.-Unless otherwise specified, any person convicted of any offense set forth in this chapter is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Hi.tory.-8S. 2. 4. ch. 84·246. ' Note.-Expires October 1. 1994. pursuant to 8. 4. ch. 84-246. and is scheduled


CHAPTER 549

AUTOMOBILE RACE MEETS

549.08 Motor vehicle racing event; permits to conduct on highway or street or in park within municipality.

549.08 Motor vehicle racing event; permits to conduct on highway or street or in park within municipality.-

(1) This section shall be known and may be cited as the "Municipal Motor Vehicle Racing Act of 1984."

(2) For the purposes of this section, the term "racing event" means a motor vehicle race which is sanctioned by a nationally or internationally recognized racing organization and includes the preparations, practices, and qualifications for the race.

(3)(a) A municipality may provide for the issuance of a permit allowing the person to whom the permit is issued to conduct a racing event on a highway or street or in a park within the limits of the municipality. A person may not conduct a racing event on a highway or street or in a park in a municipality unless the person has been issued a permit under this section.

(b) Prior to the issuance of a permit under this section, the municipality must determine:

1. That the person applying for the permit has adequate insurance to pay any damages incurred because of loss of or injury to any person or property;

2. That the person applying for the permit has demonstrated experience in conducting a racing event on a highway or street or in a park;

3. That adequate security and necessary facilities will be provided during the racing event; and

4. That the person applying for the permit has demonstrated the ability to protect the health, safety, and welfare of the citizens of the municipality and those persons attending the racing event.

(c) A municipality may charge a reasonable fee for the issuance of a permit under this section.

(4) A person who is issued a permit pursuant to this section may do all of the following for the purposes of a racing event conducted pursuant to this section:

(a) Limit access to the racing event area and any area from which the racing event may be viewed.

(b) Provide for viewing areas and pit areas or any other area necessary to the conduct of the racing event.

(c) Charge admission fees to persons viewing the race or entering the racing event area.

(d) Take any other action reasonably necessary for the purposes of a racing event under this section.

(5)(a) A person who is issued a permit under this section shall reasonably protect private property rights and shall not prevent access to governmental facilities.

(b) A person who is issued a permit under this section shall provide for the restoration of all highways or streets, alleys, sidewalks, buildings, and parks to a substantially similar condition as existed before the racing event, so that the highways or streets, alleys, sidewalks, buildings, and parks are suitable for their normal use.

(6) With respect to any racing event held pursuant to this section, a municipality may:

(a) Provide for the temporary closing or obstructing of highways or streets, alleys, sidewalks, and parks located within the municipality.

(b) Reroute pedestrian and vehicular traffic. (c) Waive ordinances and traffic regulations, in

cluding ordinances and regulations providing for speed limits and traffic control devices.

(7) A municipality that issues a permit under this section is not liable for any damages that may result from the racing event because of loss of or injury to

964


any person or property. After a permit is issued, the state or county is not liable for any damages that may result from the racing event because of loss of or injury to any person or property. If a municipality, a county, or the state is insured against liability for damages for any negligent or wrongful act, omission, or occurrence resulting from a racing event, the provisions of this subsection do not apply to the extent of such coverage provided by the insurance policy.

(8) A racing event held pursuant to this section and the actions of the municipality or the permitholder taken pursuant to this section shall not be considered or found to be a public or private nuisance.

(9) A racing event held under this section and any action taken by a municipality or a permitholder pursuant to this section shall be considered as being for public purposes, including the promotion of commerce and tourism, and for the benefit of the citizens of the municipality and the state.

Hlstory.-88. I, 2, 3, 4, 5, 6, 7, ch. 84-214.

CHAPTER 550

DOGRACING AND HORSERACING

550.02

550.03 550.08 550.0831 550.09 550.10

550.16

550.162

550.2616 550.262

550.263

550.2634

550.265

550.266

The powers and duties of the Division of Pari-mutuel Wagering of the Department of Business Regulation.

Charity racing days. Maximum length of race meeting. Dogracing; racing periods. Payment of daily license fee and taxes. Occupational licenses of racetrack em-

ployees; fees; denial, suspension, and revocation of license; penalties and fines.

Pari-mutuel pool authorized within track enclosure; commissions; capital improvement withholdings; breaks; penalty for purchasing part of a pari-mutuel pool for or through another in specified circumstances.

Dogracing; taxes; purse allowance; hours of operation.

Breeder's awards. Horseracing; minimum purse require

ment, Florida breeders' and stallion awards, Florida owners' awards.

Horseracing; distribution of abandoned interest in or contributions to parimutuel pools.

Breeders' associations; verification of breaks and unclaimed ticket payments made by permitholders.

Quarter horse racing; breeders' awards; Quarter Horse Advisory Council; horse registration fees; Florida Quarter Horse Racing Promotion Trust Fund.

Appaloosa racing; breeders' awards; Appaloosa Advisory Council; horse registration fees; Florida Appaloosa Racing Promotion Fund.

550.267

550.291

550.33 550.35

550.37 550.48 550.50

Arabian horse racing; breeders' awards; Arabian Horse Advisory Council; horse registration fees; Florida Arabian Horse Racing Promotion Fund.

Racing and jai alai, periods of operation; limitation.

Quarter horse racing; substitutions. Transmission of racing and jai alai infor-

mation. Operation of certain harness tracks. Totalisator licensing. Nonwagering permits.

550.02 The powers and duties of the Division of Pari-mutuel Wagering of the Department of Business Regulation.-The Division of Pari-mutuel Wagering of the Department of Business Regulation shall carry out the provisions of this chapter and supervise and check the making of parimutuel pools and the distribution therefrom, and:

(1) The division shall make an annual report to the Governor showing its own actions, receipts derived under the provisions of this chapter, the practical effects of the application of this chapter, and any suggestions it may approve for the more effectual accomplishments of the purposes of this chapter.

(2) The division shall require an oath to each and every application by the person or executive officer of the association or corporation, stating that such information contained in the application is true.

(3) The division shall make rules and regulations for the control, supervision, and direction of all applicants, permittees, and licensees and for the holding, conducting, and operating of all racetracks, race meets, and races held in this state; provided, such rules and regulations shall be uniform in their application and effect, and the duty of exercising this control and power is made mandatory upon the division. The division may take testimony concerning any matter within its jurisdiction and issue summons and subpoenas for any witness and subpoenas duces tecum in connection with any matter within the jurisdiction of the division under its seal and signed by the director.

(4) The division shall require of each applicant an application setting forth:

(a) The full name of the person, association, or corporation and, if a corporation, the name of the state under which the same is incorporated.

(b) If an association or corporation, the nationality, color, and residence of the members of the association and the names of the stockholders and directors of the corporation.

(c) The exact location where it is desired to conduct or hold a race meeting.

(d) Whether or not the racing plant is owned or leased and, if leased, the name, color, and residence of the fee owner or, if a corporation, of the directors and stockholders thereof; provided, however, that nothing in this chapter shall prevent a person from applying to the division for a permit to conduct races, regardless of whether the racing plant has been constructed or not, and having an election held in any county at the same time when elections are held for the ratification of any permit in said county.

965


(e) A statement of the assets and liabilities of the person making such application.

(f) The kind of racing to be conducted and the desired period.

(g) Such other information as the division may require.

(5) The division shall require of each applicant a deposit of a sufficient sum, in currency or by check certified by a bank licensed to do business in the state with the county commissioners of the county in

finding that the attendance of such person at parimutuel facilities would not be adverse to the public interest or to the integrity of the sport or industry; however, this subsection shall not be construed to abrogate the common-law right of a pari-mutuel permitholder to exclude absolutely a patron in this state.

Hlatory.-8. 2, ch. 14832. 1931; 8. 2. ch. 17276. 1935; CGL 1936 Supp. 4151(50); 8.1. ch. 22072. 1943; 8. 1. ch. 24348. 1947; 8.10. ch. 26484. 1951; 8.1. ch. 57-180; 8.1. ch. 59-406; 8. 1. ch. 61-178; 8. 2. ch. 71-98; 8. 138. ch. 73-333; 8.2. ch. 82-149; 8. 1, ch. 83-56; 8. 6, ch. 84-282.

which the election is to be held, in an amount neces- 550.03 Charity racing days.-sary to pay all expenditures in connection with the (1) The Florida Pari-mutuel Commission shall, holding of the election mentioned in s. 550.06. except as provided in s. 550.081, upon the request of

(6) Upon receipt of such application and any a permitholder, authorize each horseracing permitamendments properly made thereto, the division holder, dogracing permitholder, and jai alai permitshall further investigate the matters contained in the holder up to five charity or scholarship days in addiapplication; and, if any applicant duly fulfills and tion to the regular racing days authorized by law. meets all requirements, conditions, and qualifications (2) The proceeds of charity performances shall be set forth in this chapter and the rules and regulations paid to qualified beneficiaries selected by the permitof the division hereunder, then the division shall holders from an authorized list of charities on file grant the permit to such qualified applicant as herewith the division. Eligible charities include any chariinabove provided. ty which provides evidence of compliance with the

(7) In the event the division refuses to grant the provisions of chapter 496 and evidence of possession permit, then the money deposited with the county of a valid exemption from federal taxation issued by commissioners for the holding of such election shall the Internal Revenue Service. In addition, the authobe refunded to the applicant. In the event the divi- rized list shall include the Racing Scholarship Trust sion grants the permit applied for, the board of coun- Fund, the Historic Preservation Trust Fund, major ty commissioners shall order an election in such state and private institutions of higher learning, and county to decide whether such permit will be ap- Florida community colleges. In any racing season, a proved and the license issued and race meetings per- permitholder may not conduct more than three of the mitted in such county, as hereinafter provided for in authorized charity days for the benefit of charities s. 550.07. other than the Racing Scholarship Trust Fund, major

(8) Each licensed thoroughbred running track in state or private institutions of higher learning, and the state shall be required to run an average of one Florida community colleges. race per racing day in which horses bred in Florida (3) The permitholder shall, within 120 days after and duly registered with the Florida Thoroughbred the conclusion of its fiscal year, pay to the authorized Breeders' Association shall have preference as entries charities the total of all profits derived from the opover non-Florida-breds, and to require all licensed eration of the charity day performances conducted, thoroughbred racetracks to write the conditions for except that, if the fiscal year of a track or fronton such races in which Florida-breds are preferred so as ends during the course of its meet, the payment shall to assure that all Florida-bred horses available for be made within 120 days after the conclusion of the racing at such tracks be given full opportunity to run meet. In the event charity days are operated on bein the class races for which they are qualified, such half of another permitholder pursuant to law, the opportunity of running to be afforded to each class of permitholder entitled to distribute the proceeds shall horses in proportion that the number of horses in this distribute the proceeds to charity within 30 days afclass bears to the total number of Florida-breds ter the actual receipt of the proceeds. available; and provided that no track shall be re- (4) The total of all profits derived from the conquired to write conditions for a race to accommodate duct of a charity day performance shall include all a class of horses for which a race would otherwise not revenues derived from the conduct of that racing perbe run at such track during its meeting. formance, including all state taxes which would oth-

(9) In addition to the power in s. 550.10 to ex- erwise be due to the state, except that the daily liclude certain persons from any pari-mutuel facility in cense fee as provided in ss. 550.09(1) and 551.06(1) this state, the division may exclude any person from and the breaks for the promotional trust funds as any and all pari-mutuel facilities in this state for con- provided in s. 550.262(3), (4), (5), (7), and (8) shall be duct which would constitute, if the person were a li- paid to the division. All other revenues from the censee, a violation of this chapter, chapter 551, or the charity racing performance, including the commisrules of the division. The division may exclude from sions, breaks, and admissions and the revenues from any pari-mutuel facility within this state any person parking, programs, and concessions, shall be included who has been ejected from a pari-mutuel facility in in the total of all profits, except that the capital imthis state or who has been excluded from any pari- provement funds withheld under the provisions of s. mutuel facility in another state by the governmental 550.16, s. 550.162, or s. 551.09 shall be retained by the department, agency, commission, or authority exer- permitholder for the capital improvement fund. cising regulatory jurisdiction over pari-mutuel facili- (5) In determining profit, the permitholder shall ties in such other state. The division may authorize deduct from the revenues the prorated share of operany person who has been ejected or excluded from ating expenses based upon the number of racing perpari-mutuel facilities in this state or another state to formances conducted during that meet. The expenses attend the pari-mutuel facilities in this state upon a shall include all expenses reported in the uniform re-

966


porting system which are deductible by the permitholder for state or federal income tax purposes, except that no deduction will be allowed for officer and director compensation, interest on capital debt, legal fees, real estate taxes, bad debts, contributions or donations, or overhead expenses charged by a parent organization that are not directly related to the charity racing performance conducted. In no event may the amount paid to the charity be less than the taxes that would otherwise have been paid to the state if the charity racing performance had been conducted as a regular racing performance. The division shall by rule prescribe the form and content of the reports necessary to assure the proper distribution of the proceeds of charity days to the authorized charities.

Hi.tory.-s. 3, cb. 14832, 1931; s. 3, cb. 17276, 1935; CGL 1936 Supp. 4151(51); s. I, cb. 20843, 1941; s. I, ch. 57·283; s. 2, ch. 61-119; s. 15, ch. 63-400; s. I, ch. 63-444; s. I, ch. 65-352; s. I, ch. 67-540; s. I, ch. 68-32; ... I, 2, ch. 71-98; s. 70, ch. 72-221; s. 137, ch. 73-333; s. I , cb. 74-94; s. I, ch. 74-268; s. I, ch. 74-269; ... 1-3, cb. 74-330; s. I, ch. 74-331; ... 1, 2, ch. 74-349; s. I, cb. 74-350; s. I, ch. 75-241; s. I, cb. 77-472; s. 2, ch. 78-319; s. 4, ch. 78-357; s. I , cb. 78-381; s. 7, cb. 79-4; s. 404, cb. 81-259; s. 9, ch. 82-149; s. 2, ch. 83-56; s. 127, cb. 83-218; s. 16, ch. 84-282. cC.-s. 550.13 Division among counties of moneys deposited with the Treasurer

to tbe credit of the Pari-mutuel Tax Collection Trust Fund.

550.08 Maximum length of race meeting. -No license shall be granted to any person or to any racetrack for a meet or meeting in any county to extend longer than an aggregate of 74 racing days for thoroughbred horse racing, 120 days for quarter horse racing, 120 days for harness horse racing, and 105 days for dogracing in any racing season_ Nothing in this section shall be construed to expand or otherwise alter the provisions of s. 550.081 and s. 550.41.

Hi.tory.-s. 8, ch. 14832, 1931; CGL 1938 Supp. 4151(56); s. 2, cb. 21636, 1943; ... 1,2, ch. 25258, 1949; s. 2, ch. 61-119; s. I, ch. 63-315; s. I, cb. 70-226; ... I, 2, ch. 71-98; s. 10, ch. 79-4; s. 10, ch. 82-149; s. 3, ch. 83-56; s. I, ch. 84-96; s. 13, ch. 84-282.

550.0831 Dogracing; racing periods.-(1) Any pari-mutuel permitholder conducting

dogracing in 1977 and thereafter in a county having only one such racetrack may conduct dograce meets or meetings upon the days and dates of such permitholder's choice, except that racing shall not be conducted on Sunday, not to exceed the total of 105 racing days in each racing year, plus charity and scholarship days_

(2) Notwithstanding any other provision of this chapter, any dogracing permitholder whose total handle in fiscal year 1982-1983 was less than $25 million and whose racetrack is within 75 miles of a dogracing track in any other state may operate for an additional 20 days each racing season. Such additional 20-day period shall not be available if the permit is transferred in any manner, either directly or indirectly, including by any change in stock, partnership shares, or other form of ownership of any entity holding the permit, except by probate or guardianship proceedings or by transfer of shares of stock to family members without payment of consideration, for a period of 5 years from July 1, 1984.

Hi.tory.-s. I , ch. 78-319; s. I , ch. 84-199.

550.09 Payment of daily license fee and taxes.-

(1) DAILY LICENSE FEE.-Every person engaged in the business of conducting race meetings under this chapter, hereinafter referred to as the "permitholder," "licensee," or "permittee," shall pay

to the Division of Pari-mutuel Wagering, for the use of the division, a daily license fee of $100 for each horserace and $80 for each dograce conducted at a racetrack licensed under this chapter, which sum shall be deposited with the Treasurer to the credit of the operating trust fund of the division, which hereinafter shall be referred to as the "Pari-mutuel Wagering Trust Fund"; however, any racetrack which had an average handle per performance of less than $100,000 for the preceding racing season shall pay a daily license fee of $50 for each race conducted.

(2) ADMISSION TAX.-An admission tax equal to 15 percent of the entrance gate admission charge, or 10 cents, whichever is greater, is imposed on each person attending a horserace or dograce. The permitholder shall be responsible for the collection of the admission tax. An admission tax shall be imposed on any free passes or complimentary cards issued to guests by permitholders and shall be equal to the tax imposed on the regular and usual entrance gate admission charge. With the consent of the division, a permitholder may issue tax-free passes to its officers, officials, and employees or other persons actually engaged in working at the racetrack, including accredited press representatives such as reporters and editors, and may also issue tax-free passes to other permitholders for the use of their officers and officials. The permitholder shall file with the division a list of all persons to whom tax-free passes are issued.

(3) TAX ON HANDLE.-Each permitholder shall pay a tax on contributions to pari-mutuel pools, the aggregate of which is hereinafter referred to as "handle," on races conducted by the permitholder_ The tax shall be imposed daily and shall be based on the total contributions to all pari-mutuel pools conducted during the daily performance. In the event that a permitholder is authorized by the Florida Pari-mutuel Commission to conduct, and does conduct, more than one performance daily, the tax shall be imposed on each performance separately. A "performance" is defined as a series of races conducted consecutively under a single admission charge.

(a) The tax on handle for thoroughbred horse racing, harness horse racing, and quarter horse racing shall be 3.3 percent of the handle in excess of $300,000 for each performance per day, except as provided in paragraphs (b) and (c).

(b) The tax on handle for thoroughbred horse racing conducted by a permitholder awarded the second period of winter thoroughbred horse racing as defined in s_ 550.081(1) shall be 3.3 percent of the handle in excess of $175,000 for each performance per day.

(c) The tax on handle for any horse track where the average daily handle on June 4, 1980, is less than $400,000 shall be 3.3 percent of the handle in excess of $500,000 for each performance per day; however, at the completion of each racing season the Division of Pari-mutuel Wagering shall review the records of the average daily handle of that horse track, and at such time as the average daily handle exceeds $500,000, the permitholder shall be taxed at the rate established in the provisions of paragraph (a) .

(d) The tax on handle for dogracing shall be 7.6 percent of the handle in excess of $25,000 for each performance per day.

(4) BREAKS TAX.-Each permitholder con-

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ducting dogracing shall pay a tax equal to the breaks. The "breaks" represents that portion of each parimutuel pool which is not redistributed to the contributors or withheld by the permitholder as commission and is further defined in s. 550.16.

(5) SURTAX ON ADDITIONAL TAKEOUT.(a) In addition to any other taxes levied pursuant

to this chapter, a permitholder conducting greyhound racing is subject to a surtax which shall be levied at the rate of 50 percent and be imposed upon any sums withheld pursuant to s. 550.162(3)(b).

(b) In addition to any other taxes levied pursuant to this chapter, a permitholder conducting harness racing is subject to a surtax which shall be levied at the rate of 50 percent and be imposed upon any sums withheld pursuant to s. 550.16(2)(a)2.

(6) PAYMENT AND DISPOSITION OF FEES AND TAXES.-Payment for the admission tax, tax on handle, and the breaks tax imposed by this section shall be paid to the Division of Pari-mutuel Wagering. The division shall deposit these sums with the Treasurer, one-half being credited to the Pari-mutuel Tax Collection Trust Fund, hereby established, and one-half being credited to the General Revenue Fund. The surtax imposed by subsection (5) shall be paid to the Division of Pari-mutuel Wagering, and the division shall deposit these sums with the Treasurer for deposit in the General Revenue Fund. The permitholder shall remit to the Division of Parimutuel Wagering payment for the daily license fee, the admission tax, the tax on handle, the breaks tax, and the surtax by the fifth day of each calendar month for all taxes imposed and collected during the preceding calendar month. Such payments shall be accompanied by a report under oath showing the total of all admissions, the pari-mutuel wagering activities for the preceding calendar month, and such other information as may be prescribed by the division.

(7) PENALTIES.-(a) The failure of any permitholder to make pay

ments as prescribed in subsection (6) is a violation of this section, and the permitholder may be subjected by the division to a civil penalty of up to $1,000 for each day the tax payment is not remitted. All penalties imposed and collected shall be deposited in the General Revenue Fund. If a permitholder fails to pay penalties imposed by order of the division under this subsection, the division may suspend or revoke the license of the permitholder, cancel the permit of the permitholder, or deny issuance of any further license or permit to the permitholder.

(b) In addition to the civil penalty prescribed in paragraph (a), any willful or wanton failure by any permitholder to make payments of the daily license fee, admission tax, tax on handle, breaks tax, or surtax constitutes sufficient grounds for the Division of Pari-mutuel Wagering to suspend or revoke the license of the permitholder, to cancel the permit of the permitholder, or to deny issuance of any further license or permit to the permitholder.

History.-8. 9, ch. 14832, 1931; s. 8, ch. 17276, 1935; CGL 1936 Supp. 4151(57); s. 3, cb. 59-406; 8. 2, ch. 71-98; 88.17,22, cb. 77-167; s. 3, ch. 79-300; 88. 3, 21, ch. SO-57; 8. 7, ch. 84-96.

550.10 Occupational licenses of racetrack employees; fees; denial, suspension, and revocation of license; penalties and fines.-

(1) Every person connected with a racetrack shall purchase from the Division of Pari-mutuel Wagering an annual occupational license for each specified job performed, which license shall be valid for 1 year. The division shall deposit collections for occupationallicenses into the Pari-mutuel Tax Collection Trust Fund. The license shall expire on July 1 of each year. In the event that the division determines that it is in the best interest of the division and persons connected with racetracks, the division may issue a license valid for one season at one racetrack, but may not make that determination apply to any person who objects to such determination. In any event, the season license fee shall be equal to the annual occupationallicense fee. Any person may, at his option and pursuant to the rules promulgated by the division, purchase an occupational license valid for a period of 3 years, provided the purchaser of the license pays the full occupational license fee for each of the years for which the license is purchased at the time the 3-year license is requested. The occupational license shall be valid during its specified term at any parimutuel facility. The scheduled annual license fees are as follows:

(a) Contractual concessionaires with permitholders, $100.

(b) Professional persons such as owners, trainers, veterinarians, doctors, nurses, officials, and supervisors of all departments, $25.

(c) Jockeys, apprentice jockeys, jockey agents, harness drivers, and jai alai players, $10.

(d) Permitholder employees, concession employees, grooms, exercise boys, hot-walkers, miscellaneous stable help, platers, and all others not specifically provided, $10.

(2) It is unlawful for any person to take part in or officiate in any way or to serve in any capacity at any pari-mutuel facility without first having secured a license and paid the occupational license fee.

(3)(a) The division may deny a license to or revoke a license of any person who has been refused a license by any other state racing commission or racing authority; provided the state racing commission or racing authority of such other state extends to the Division of Pari-mutuel Wagering reciprocal courtesy to maintain the disciplinary control.

(b) The Division of Pari-mutuel Wagering may deny, suspend, or revoke any occupational license when the applicant for or holder thereof has violated the provisions of this chapter, chapter 551, or the rules and regulations of the division governing the conduct of persons connected with the racetracks. In addition, the division may deny any occupationallicense when the applicant for such license is not of good moral character. If any occupational license expires by division rule while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect. If an occupationallicense will expire by division rule during the period of a suspension the division intends to impose, or if a license would have expired but for pending administrative charges and the occupational licensee is found to be in violation of any of the charges, the license may be revoked and a time period of license ineligibility may be declared. The division may bring administrative charges against any person not holding a

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current license for violations of statutes or rules which occurred while such person held an occupationallicense, and the division may declare such person ineligible to hold a license for a period of time. The division may impose a civil fine of up to $1,000 for each violation of the rules of the division in addition to or in lieu of a suspension or a revocation provided for in this section. In addition to any other penalty provided by law, the division may exclude from all pari-mutuel facilities in this state, for a period not to exceed the period of suspension, revocation, or ineligibility, any person whose occupational license application has been denied by the division, who has been declared ineligible to hold an occupational license, or whose occupational license has been suspended or revoked by the division.

HI.tory.-8. 9B, ch. 14832, 1931; 8 . 9, ch. 17276, 1935; CGL 1936 Supp. 4151(58); 8. 7, ch. 22858, 1945; 8 . 4, ch. 59-406; 8. I, ch. 67-565; 8. 37, ch. 69-353; 8. 2, ch. 71-98; 8. 4, ch. 80-57; 8. 2, ch. 81-132; 8. 3, ch. 82-149; 8. 4, ch. 83-56; 8.

129, ch. 83-218; 8. 7, ch. 84-282.

tal improvements or to reduce capital improvement debt.

2. A harness racing permitholder may also withhold an additional 1 percent of the handle on any or all exotic wagering to be used for capital improvements or for purses.

(b) For the purposes of this chapter and chapter 551, "capital improvements" means:

1. The amount paid out for new buildings or for permanent improvements or betterments made to improve the facilities utilized by the permitholder for the conduct of its race meetings; or

2. The amount expended in restoring property or in improving the facility or any part thereof which results in the addition or replacement of a fixed asset.

In general, the amounts referred to as "capital improvements" include amounts paid which add to the value, improve, or substantially prolong the useful life of the racetrack or fronton facility utilized by the

550.16 Pari-mutuel pool authorized within permitholder for the conduct of its race meeting. track enclosure; commissions; capital improve- Amounts paid or incurred for repairs and maintement with holdings; breaks; penalty for purchas- nance of property, interest expense, or lease paying part of a pari-mutuel pool for or through an- ments in connection with the capital improvements other in specified circumstances.- are not capital improvements within the meaning of

(1) The sale of tickets or other evidences showing this section. However, upon mutual agreement bean interest in or a contribution to a pari-mutuel pool tween the lessor and lessee of a racetrack or fronton, is permitted within the enclosure of any horse race- the lessee may withhold funds authorized in this sectrack and dog racetrack licensed and conducted un- tion for capital improvements to the leased racetrack

or fronton. der this law, but not elsewhere in this state except as (c) For purposes of this chapter and chapter 551, is provided in chapter 551. The sale and purchase of tickets or other evidences showing an interest in or a the reduction of capital improvement debt shall in-contribution to pari-mutuel pools in this state shall clude only that debt which is in existence prior to

May I, 1980, and only 50 percent of the additional be under the supervision of the Division of Pari- amount authorized to be withheld shall be used for mutuel Wagering and shall be done subject to such the reduction of capital improvement debt. regulations as the division from time to time pre- (d) A permitholder withholding additional sums scribes. for capital improvements shall be entitled to accumu-

(2) The "commission" is the percentage of the late these funds, provided such accumulation of contributions to pari-mutuel pools which a permit- funds is kept in a separate banking or savings acholder is permitted to withhold from the contribu- count and is only spent or obligated for capital imtions before making redistribution to the contribu- provements within 3 years from the first date such tors. The permitholder's share of the commission is funds are accumulated, unless otherwise authorized that portion of the commission which remains after by the Florida Pari-mutuel Commission. the pari-mutuel tax imposed upon the contributions (e) The permitholder who withholds additional to the pari-mutuel pool is deducted from the commis- commission for capital improvements, as may be ausion and paid by the permitholder. The commission thorized in this chapter or in chapter 551, shall be reis deducted from all pari-mutuel pools but may be quired to report under oath such withholding and the different depending on the type of pari-mutuel pool. purpose for which it is withheld, on forms as may be For the purpose of this chapter, contributions to prescribed by the Division of Pari-mutuel Wagering. pari-mutuel pools involving wagers on a single animal The Division of Pari-mutuel Wagering shall prescribe in a single race, such as the win pool, the place pool, reasonable and suitable rules to audit and regulate or the show pool, shall be referred to as "regular wa- capital improvement withholdings. Each permitholdgering," and contributions to all other types of pari- er and contractor shall certify to the Florida Parimutuel pools, including, but not limited to, the daily mutuel Commission that the capital improvement double, perfecta, quiniela, trifecta, or the Big "Q" project approved by the commission has been compools, shall be referred to as "exotic wagering." pleted, together with proof of expenditure by the per-

(a)1. Except as provided in paragraphs (i), (j), mitholder. Such sums as are determined by the Floriand (k), the commission which a permitholder who da Pari-mutuel Commission to have been improperly conducts horseracing under the provisions of this withheld or expended by the permitholder shall be chapter may withhold from contributions to pari- paid to the General Revenue Fund, within 10 days mutuel pools shall not exceed 17.6 percent on regular from the date of such order by the Florida Pariwagering and shall not exceed 19 percent on exotic mutuel Commission. wagering, except that up to an additional 0.5 percent (f) The commission which a permitholder who of the handle on regular wagering and up to an addi- conducts dogracing under the provisions of this chaptional1 percent of the handle on exotic wagering may ter may withhold from the contributions to paribe withheld by the permitholder to be used for capi- mutuel pools shall not exceed 17.6 percent on regular

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wagering and shall not exceed 18 percent on exotic wagering, except as provided in s. 550.162.

(g) All amounts authorized to be withheld expressly for capital improvements or for the reduction of capital improvement debt shall be expended solely for that purpose as set forth herein, less any federal or state income taxes attributable exclusively to the amounts so withheld.

(h) A capital improvement proposed by a permitholder licensed under this chapter to a pari-mutuel facility existing on June 23, 1981, which capital improvement requires, pursuant to any municipal ordinance, resolution, or regulation, the qualification or approval of the municipality wherein the permitholder conducts its business operations, shall receive approval unless the municipality is able to show that the proposed improvement presents a justifiable and immediate hazard to the health and safety of municipal residents, provided the permitholder pays to the municipality or county the cost of a building permit and provided the capital improvement meets the following criteria:

1. The Florida Pari-mutuel Commission approves the project;

2. The improvement does not qualify as a development of regional impact as defined in s. 380.06; and

3. The improvement is contiguous to, or within, the existing pari-mutuel facility site. To be contiguous, the site of the improvement shall share a sufficient common boundary with the present parimutuel facility to allow full and free access without crossing a public roadway, public waterway, or similar barrier.

(i) In addition to the commission authorized by subparagraph (a)1., a permitholder who is authorized to conduct summer thoroughbred horseracing, and any thoroughbred horse racing permitholder whose average daily handle was less than $500,000 as of July 1, 1983, shall be entitled to withhold an additional 1 percent of the handle on exotic wagering for use as owners' awards as provided in s. 550.262(6). A permitholder who elects to withhold the additional 1 percent for owners' awards shall be entitled to withhold up to an additional 2 percent of the handle on any or all exotic wagering for use as additional overnight purses.

(j) In addition to the commission authorized by subparagraph (a)1., each winter thoroughbred permitholder assigned racing dates pursuant to s. 550.081 shall be entitled to withhold up to an additional 2 percent of the handle on exotic wagering for use as purses or as owners' awards as provided in s. 550.262(6), or a combination of either, provided no more than 1 percent is utilized for purses.

(k) In addition to the commission authorized by subparagraph (a)1., a harness racing permitholder or quarter horse permitholder shall be entitled to withhold up to an additional 3 percent of the handle on any or all exotic wagering for use as additional overnight purses.

(3) After deducting a commission or license and the "breaks" (hereinafter defined), a pari-mutuel pool shall be redistributed to the contributors.

(4) Redistribution of funds otherwise distributable to the contributors of a pari-mutuel pool shall be a sum equal to the next lowest multiple of 10 on horseraces and dograces.

(5) No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the "breaks."

(6) The "breaks" shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commissions and sums redistributed to the contributors.

(7) No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity, and no person shall purchase any part of a pari-mutuel pool through another, wherein he gives or pays directly or indirectly such other person anything of value; and any person who violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hi.tory.-8. 16, ch. 14832, 1931; B. 10, ch. 17276, 1935; CGL 1936 Supp. 4151(74), 8135(6b); ... 1·6, ch. 20306, 1941; ... 1·6,9, ch. 21744, 1943; s. 1, ch. 22589,1945; s. 1, cha. 25257, 26334, 1949; B. 1, ch. 28058, 1953; ... 1-3, ch. 29694, 1955; B. 2, ch. 61-119; B. 1, ch. 61-516; B. 1, ch. 63-314; B. 1, ch. 69-86; 8. 2, ch. 71-98; 8. 540, ch. 71-136; B. 1, ch. 71-146; 8.1, ch. 72-129; ... 1,6, ch. 75-42; s. 4, ch. 77-186; B. 1, ch. 77-177; ... 7, 22, ch. 80-57; B. 4, ch. 80-86; B. 1, ch. 81-132; s. 13, ch. 82-149; B. 5, ch. 83-58; B. 1, ch. 84-68; 8. 2, ch. 84-96. cf.-8. 550.09 Payment of daily liceD88 fee and taxeB.

550.162 Dogracing; taxes; purse allowance; hours of operation.-

(1) The operation of a dog track and legalized pari-mutuel betting at dog tracks in this state is a privilege and is an operation which requires strict supervision and regulation in the best interests of the state. Pari-mutuel wagering at dog tracks in this state is a substantial business, and taxes derived therefrom constitute part of the tax structures of the state and the counties. The operators of dog tracks should pay their fair share of taxes to the state; at the same time, this substantial business interest should not be taxed to such an extent as to cause a track which is operated under sound business principles to be forced out of business.

(2) In addition to the 18 percent herein authorized to be withheld from pari-mutuel pools of exotic wagers, a dog track permitholder shall withhold an additional 1 percent from pari-mutuel pools on triples, trifectas, or other similar wagers involving three or more greyhounds in any race, except that a permitholder unequipped to hold triples or trifectas shall withhold only an additional 0.5 percent on exotic wagers other than triples or trifectas, to be distributed as follows:

(a) The additional 1 percent withheld from the triples pari-mutuel pools or the 0.5 percent on exotic wagers other than triples or trifectas shall be used for additional purses and for awards for Florida-bred greyhounds in such amounts as may be established by the permitholder, provided the total purses and awards authorized herein and those allowed by contract between a permitholder and a kennel shall not be less than the percentage of handle paid in purses, by contract, for the 1978-1979 race meet plus the amount herein authorized and shall not exceed the greater of 3 percent of the handle or the amount provided by current contract between a permitholder and a kennel.

(b) Any amounts from the additions herein authorized in excess of that required in paragraph (a) may be used by the permitholder for capital improve-

970


ments or to reduce capital improvement debt. If a permitholder is unable to use the excess for the foregoing purposes, it may be used for purses, provided the total paid for purses shall not exceed 3 percent of the handle.

(c) For purposes of this subsection, a lessee of a greyhound may be deemed to be the owner and be eligible to receive awards given to owners of Floridabred greyhounds.

(3)(a) In addition to the sums permitted to be withheld from pari-mutuel pools under subsection (2), a permitholder may withhold, for capital improvements or to reduce capital improvement debt, 1 percent from pari-mutuel pools on triples, trifectas, or other similar wagers involving three or more greyhounds in any race and on pic-six wagering.

(b) In addition to the sums permitted to be withheld from pari-mutuel pools under subsection (2) and under paragraph (a) of this subsection, a permitholder may withhold, for capital improvements or to reduce capital improvement debt, 1 percent of the handle on any or all exotic wagers.

(c) The permitholder who withholds additional sums under the provisions of this section for capital improvements or to reduce capital improvement debt shall be bound by the definitions of capital improvements and capital improvement debt and the use of these sums as they appear in s. 550.16.

(4) An "operation day" is a continuous period of 24 hours starting with the beginning of the first race of a public exhibition of greyhound racing, even though the operation day may start during one calendar day and extend past midnight until 2 a.m. the following calendar day; however, no race may be started later than 1:30 a.m. and before noon on any operation day.

(5) The permitholder conducting a dograce meet under the provisions of this chapter shall pay the daily license fee, the admission tax, the breaks tax, and the tax on pari-mutuel handle as provided in s. 550.09 and shall be subject to all penalties and sanctions provided in s. 550.09(6).

History.-88. 1. 2, 3, 4, ch. 29693, 1955; 8. 2. ch. 71-98; 88. 2,6, ch. 75-42; 8. 4, ch. 77-166; 8. 1, ch. 77-449; 8. 8, ch. SO-57; 8. 4, ch. 81-132; 8. 406, ch. 81-259; 8. 8, ch. 82-149; 8. 6, ch. 83-56; 8. 2, ch. 83-133; 8. 3, ch. 84-96.

550.2616 Breeder's awards.-(1) The purpose of this legislation is to encourage

the breeding of race horses in this state. Moneys from breaks and uncashed tickets from pari-mutuel wagering and horse races are to be used for awards of up to 20 percent of the announced gross purse at any race to breeders of registered Florida-bred horses winning horseraces and for similar awards to the owners of stallions who sired Florida-bred horses winning stakes races, if the stallions are registered as Florida stallions standing in this state. Awards for thoroughbred races are to be paid through the Florida Thoroughbred Breeders' Association, and awards for standardbred races are to be paid through the Florida Standardbred Breeders and Owners Association. The moneys for these awards will come from the breaks and uncashed tickets paid to the respective breeders' associations by the permitholders conducting the races. The awards are to be given at a uniform rate to all winners of the awards and shall be no less than 15

percent of the announced gross purse if funds are available.

(2) Each breeders' association shall develop a plan each year that will provide for a uniform rate of payment and procedure for payment. The plan may set a cap on winnings, and may limit, exclude, or defer payments to certain classes of races, such as the Florida stallion stakes races, in order to assure that there are adequate revenues to meet the proposed uniform rate. Priority shall be placed on 'imposing such restrictions in lieu of allowing the uniform rate to be less than 15 percent of the total purse payment. The plan shall provide for the maximum possible payments within revenues.

(3) Breeders' associations shall submit their plans to the Florida Pari-mutuel Commission at least 60 days before the beginning of the payment year. The payment year may be a calendar year or any 12-month period, but once established, the yearly base may not be changed except for compelling reasons. Once a plan is approved, the Florida Pari-mutuel Commission shall not allow the plan to be amended during the year, except for the most compelling reasons.

(4) It is not intended that the funds in the breeders' association special payment account be allowed to grow excessively, although there is no intent to require that payment each year equal receipts each year. The rate each year shall be adjusted to compensate for changing revenues from year to year.

History.-8. 1, ch. 84-282. 'Note.-The word "imposing" was inserted by the editors.

550.262 Horseracing; minimum purse requirement, Florida breeders' and stallion awards, Florida owners' awards.-

(1) The purse structure and the availability of breeder awards are important factors in attracting the entry of well-bred horses in racing meets in this state, which in turn helps to produce maximum racing revenues for the state and the counties.

(2) Each permitholder conducting a horse race meet shall be required to pay from the commission withheld on pari-mutuel pools a sum for purses in accordance with the type of race performed.

(a) A permitholder conducting a thoroughbred horse race meet under the provisions of this chapter shall pay from the commissions withheld a sum not less than 7.5 percent of all contributions to parimutuel pools conducted during the race meet as purses.

(b) A permitholder conducting a harness horse race meet under the provisions of this chapter shall pay from the commissions withheld a sum not less than 7.5 percent of all contributions to pari-mutuel pools conducted during the race meet as purses.

(c) A permitholder conducting a quarter horse race meet under the provisions of this chapter shall pay from the commissions withheld a sum not less than 6 percent of all contributions to pari-mutuel pools conducted during the race meet as purses.

In the event that a permitholder fails to pay the minimum purse required by this subsection, the permitholder shall, within 30 days of the end of the meet during which the permitholder underpaid purses, deposit an amount equal to the underpayment into a

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separate, interest-bearing account; and the total immediately prior to its death: The removal of a stalprincipal and interest shall be used to increase purses lion from this state for any reason, other than excluduring the permitholder's next meet. In the event a sively for prescribed medical treatment, shall render permitholder overpays the minimum purses, the per- the owner or owners of the stallion ineligible to remitholder shall be entitled to recover the amount of ceive a stallion award under any circumstances for the overpayment in the permitholder's next meet. offspring sired prior to removal; however, if a re-

(3) Each permitholder conducting a thorough- moved stallion is returned to this state, all offspring bred race under the provisions of this chapter shall sired subsequent to the return shall make the owner pay a sum equal to the breaks on all pari-mutuel or owners of the stallion eligible for the stallion pools conducted during that race for the payment of award, but only for those offspring sired subsequent breeders' and stallion awards as authorized in this to such return to this state. The Florida Thoroughsection. The Florida Thoroughbred Breeders' Associ- bred Breeders' Association shall maintain complete ation is authorized to receive these payments from records showing the date the stallion arrived in this the permitholders and make payments of awards state for the first time, whether or not the stallion reearned. The Florida Thoroughbred Breeders' Associ- mained in the state permanently, the location of the ation has the right to withhold up to 10 percent of the stallion, and whether the stallion is still standing in permitholder's payments under this section and un- this state and complete records showing awards der s. 550.263 as a fee for administering the payments earned, received, and distributed. The association of awards. The permitholder shall remit these pay- may charge the owner, owners, or breeder a reasonments to the Florida Thoroughbred Breeders' Associ- able fee for this service. ation by the fifth day of each calendar month for (e) A permitholder conducting a thoroughbred such sums accruing during the preceding calendar horse race under the provisions of this chapter shall, month and shall report such payments to the Divi- within 30 days after the end of the race meet during sion of Pari-mutuel Wagering as prescribed by the diwhich the race is conducted, certify to the Division of vision. With the exception of the 10-percent fee for Pari-mutuel Wagering and the Florida Thoroughadministering the payments, the moneys paid by the bred Breeders' Association such information relating permitholders shall be maintained in a separate, in- to the thoroughbred horses winning a stakes or other terest-bearing account, and such payments together horserace at the meet as may be required to deterwith any interest earned shall be used exclusively for mine the eligibility for payment of breeders' awards the payment of breeders' awards and stallion awards and stallion awards. in accordance with the following provisions: (f) The Florida Thoroughbred Breeders' Associa-

(a) The breeder of each Florida-bred thorough- tion shall maintain complete records showing the bred horse winning a thoroughbred horserace shall be starters and winners in all races conducted at thorentitled to an award of up to, but not to exceed, 20 oughbred tracks in this state; shall maintain compercent of the announced gross purse, including nom- plete records showing awards earned, received, and ination fees, eligibility fees, starting fees, supplemen- distributed; and may charge the owner, owners, or tary fees, and moneys added by the sponsor of the breeder a reasonable fee for this service. race. (g) The Florida Thoroughbred Breeders' Associa-

(b) The owner or owners of the sire of a Florida- tion shall annually establish a uniform rate and probred thoroughbred horse which wins a stakes race cedure for the payment of breeders' and stallion shall be entitled to a stallion award of up to, but not awards and shall make breeders' and stallion award to exceed, 20 percent of the announced gross purse, payments in strict compliance with the established including nomination fees, eligibility fees, starting uniform rate and procedure. The plan may set a cap fees, supplementary fees, and moneys added by the on winnings, and may limit, exclude, or defer paysponsor of the race. ments to certain classes of races, such as the Florida

(c) In order for a breeder of a Florida-bred thor- stallion stakes races, in order to assure that there are oughbred horse to be eligible to receive a breeder's adequate revenues to meet the proposed uniform award, the horse winning the race must have been rate. Priority shall be placed upon lim posing such reregistered as a Florida-bred horse with the Florida strictions in lieu of allowing the uniform rate to be Thoroughbred Breeders' Association, and the Jockey less than 15 percent of the total purse payment. The Club certificate for the winning horse must show that uniform rate procedure shall be approved by the the winner has been duly registered as a Florida-bred Florida Pari-mutuel Commission before implementahorse, as evidenced by the seal and proper serial tion. In the absence of an approved plan and procenumber of the Florida Thoroughbred Breeders' Asso- dure, the authorized rate for breeders' and stallion ciation registry. The Florida Thoroughbred Breeders' awards shall be 15 percent of the announced gross Association shall be permitted to charge the regis- purse for each race. Such purse shall include nominatrant a reasonable fee for this verification and regis- tion fees, eligibility fees, starting fees, supplementary tration. fees, and moneys added by the sponsor of the race. In

(d) In order for an owner of the sire of a thor- the event that the funds in the account for payment oughbred horse winning a stakes race to be eligible to of breeders' and stallion awards are not sufficient to receive a stallion award, the stallion must have been meet all earned breeders' and stallion awards, those registered with the Florida Thoroughbred Breeders' breeders and stallion owners not receiving payments Association, and the breeding of the registered Flori- shall have first call on any subsequent receipts in da-bred horse must have occurred in this state. The that or any subsequent year. stallion must be standing permanently in this state (h) The Florida Thoroughbred Breeders' Associaor, if the stallion is dead, must have stood perma- tion shall keep accurate records showing receipts and nently in this state for a period of not less than 1 year disbursements of such payments and shall annually

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s.550.262 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8.550.262

file a full and complete report to the Division of Parimutuel Wagering reflecting such receipts and disbursements and the sums withheld for administration. The Division of Pari-mutuel Wagering may audit the records and accounts of the Florida Thoroughbred Breeders' Association to determine that payments have been made to eligible breeders and stallion owners in accordance with the provisions of this section.

(i) In the event that the Florida Pari-mutuel Commission finds that the Florida Thoroughbred Breeders' Association has not complied with any provision of this section, the commission may order the association to cease and desist from receiving funds and administering funds received under this section and under s. 550.263. In the event that the commission enters such an order, the permitholder shall make the payments authorized in this section and s. 550.263 to the Division of Pari-mutuel Wagering for deposit into the Pari-mutuel Wagering Trust Fund; and any funds in the Florida Thoroughbred Breeders' Association account shall be immediately paid to the Division of Pari-mutuel Wagering for deposit to the Pari-mutuel Wagering Trust Fund. The Florida Pari-mutuel Commission shall authorize payment from these funds to any breeder or stallion owner entitled to an award which had not been previously paid by the Florida Thoroughbred Breeders' Association in accordance with the applicable rate.

(4) Each permitholder conducting a harness horse race under the provisions of this chapter shall pay a sum equal to the breaks on all pari-mutuel pools conducted during that race for the payment of breeders' and stallion awards as authorized in this section. The Florida Standardbred Breeders and Owners Association is authorized to receive these payments from the permitholders and make payments of awards earned. The Florida Standardbred Breeders and Owners Association has the right to withhold up to 10 percent of the permitholder's payments under this section and under s. 550.263 as a fee for administering these payments. The permitholder shall remit these payments to the Florida Standardbred Breeders and Owners Association by the fifth day of each calendar month for such sums accruing during the preceding calendar month and shall report such payments to the Division of Pari-mutuel Wagering as prescribed by the division. With the exception of the 10-percent fee for administering the payments, and the use of the moneys authorized by paragraph (j), the moneys paid by the permitholders shall be maintained in a separate, interest-bearing account; and such payments together with any interest earned shall be used exclusively for the payment of breeders' awards and stallion awards in accordance with the following provisions:

(a) The breeder of each Florida-bred standardbred horse winning a harness horse race shall be entitled to an award of up to, but not to exceed, 20 percent of the announced gross purse, including nomination fees, eligibility fees, starting fees, supplementary fees, and moneys added by the sponsor of the race.

(b) The owner or owners of the sire of a Floridabred standardbred horse which wins a stakes race shall be entitled to a stallion award of up to, but not to exceed, 20 percent of the announced gross purse, including nomination fees, eligibility fees, starting

fees, supplementary fees, and moneys added by the sponsor of the race.

(c) In order for a breeder of a Florida-bred standardbred horse to be eligible to receive a breeder's award, the horse winning the race must have been registered as a Florida-bred horse with the Florida Standardbred Breeders and Owners Association and a registration certificate under seal for the winning horse must show that the winner has been duly registered as a Florida-bred horse, as evidenced by the seal and proper serial number of the United States Trotting Association registry. The Florida Standardbred Breeders and Owners Association shall be permitted to charge the registrant a reasonable fee for this verification and registration.

(d) In order for an owner of the sire of a standardbred horse winning a stakes race to be eligible to receive a stallion award, the stallion must have been registered with the Florida Standardbred Breeders and Owners Association, and the breeding of the registered Florida-bred horse must have occurred in this state. The stallion must be standing permanently in this state or, if the stallion is dead, must have stood permanently in this state for a period of not less than 1 year immediately prior to its death. The removal of a stallion from this state for any reason, other than exclusively for prescribed medical treatment, shall render the owner or the owners of the stallion ineligible to receive a stallion award under any circumstances for offspring sired prior to removal; however, if a removed stallion is returned to this state, all offspring sired subsequent to the return shall make the owner or owners of the stallion eligible for the stallion award, but only for those offspring sired subsequent to such return to this state. The Florida Standardbred Breeders and Owners Association shall maintain complete records showing the date the stallion arrived in this state for the first time, whether or not the stallion remained in the state permanently, the location of the stallion, and whether the stallion is still standing in this state and complete records showing awards earned, received, and distributed. The association may charge the owner, owners, or breeder a reasonable fee for this service.

(e) A permitholder conducting a harness horse race under the provisions of this chapter shall, within 30 days after the end of the race meet during which the race is conducted, certify to the Division of Parimutuel Wagering and the Florida Standardbred Breeders and Owners Association such information relating to the horse winning a stakes or other horserace at the meet as may be required to determine the eligibility for payment of breeders' awards and stallion awards.

(f) The Florida Standardbred Breeders and Owners Association shall maintain complete records showing the starters and winners in all races conducted at harness horse race tracks in this state; shall maintain complete records showing awards earned, received, and distributed; and may charge the owner, owners, or breeder a reasonable fee for this service.

(g) The Florida Standardbred Breeders and Owners Association shall annually establish a uniform rate and procedure for the payment of breeders' and stallion awards and shall make breeders' and stallion award payments in strict compliance with the established uniform rate and procedure. The plan

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may set a cap on winnings, and may limit, exclude, or breeders' or stallion awards shall be required to be defer payments to certain classes of races, such as the paid for standardbred horses winning races in meetFlorida stallion stakes races, in order to assure that ings at which there is no pari-mutuel wagering. The there are adequate revenues to meet the proposed amount of purses to be paid from funds so released uniform rate. Priority shall be placed on 'imposing and the meets eligible to receive such funds for such restrictions in lieu of allowing the uniform rate purses shall be approved by the board of directors of to be less than 15 percent of the total purse payment. the Florida Standardbred Breeders and Owners AsThe uniform rate and procedure shall be approved by sociation. the Florida Pari-mutuel Commission before imple- (5)(a) Except as provided in subsections (7) and mentation. In the absence of an approved plan and (8), each permitholder conducting a quarter horse procedure, the authorized rate for breeders' and stal- race meet under the provisions of this chapter shall lion awards shall be 15 percent of the announced pay to the Division of Pari-mutuel Wagering a sum gross purse for each race. Such purse shall include equal to the breaks plus a sum equal to 1 percent of nomination fees, eligibility fees, starting fees, supple- the total contributions to all pari-mutuel pools conmentary fees, and moneys added by the sponsor of ducted. Such payments shall be remitted to the divithe race. In the event that the funds in the account sion by the fifth day of each calendar month for sums for payment of breeders' and stallion awards is not accruing during the preceding calendar month. sufficient to meet all earned breeders' and stallion (b) The division shall deposit these collections to awards, those breeders and stallion owners not re- the credit of the Florida Quarter Horse Racing Proceiving payments shall have first call on any subse- motion Trust Fund. The Department of Agriculture quent receipts in that or any subsequent year. and Consumer Services shall administer the funds

(h) The Florida Standardbred Breeders and and adopt suitable and reasonable rules for the adOwners Association shall keep accurate records show- ministration thereof. The moneys in the Florida ing receipts and disbursements of such payments and Quarter Horse Racing Promotion Trust Fund, exclushall annually file a full and complete report to the sive of moneys in the Florida Appaloosa Racing ProDivision of Pari-mutuel Wagering reflecting such re- motion Fund and moneys in the Florida Arabian ceipts and disbursements and the sums withheld for Horse Racing Promotion Fund, shall be allocated administration. The Division of Pari-mutuel Wager- solely for supplementing and augmenting purses and ing may audit the records and accounts of the Florida prizes and for the general promotion of owning and Standardbred Breeders and Owners Association to breeding of racing quarter horses in this state, and determine that payments have been made to eligible such moneys shall not be used to defray any expense breeders and stallion owners in accordance with the of the Department of Agriculture and Consumer Serprovisions of this section. vices in the administration of this chapter, except

(i) In the event that the Florida Pari-mutuel that the moneys generated by quarter horse registraCommission finds that the Florida Standardbred tion fees received pursuant to s. 550.265 may be used Breeders and Owners Association has not complied as provided in paragraph (5)(b) of that section. with any provision of this section, the commission (6)(a) The additional takeout authorized for ownmay order the association to cease and desist from re- ers' awards pursuant to s. 550.16(2)(i) and (j) shall be ceiving funds and administering funds received unused for the payment of awards to owners of regisder this section and under s. 550.263. In the event tered Florida-bred horses placing first in a claiming that the commission enters such an order, the per- race of not less than $25,000, an allowance race, a mitholder shall make the payments authorized in this maiden special race, or a stakes race in which the ansection and s. 550.263 to the Division of Pari-mutuel nounced purse, exclusive of entry and starting fees Wagering for deposit into the Pari-mutuel Wagering and added moneys, does not exceed $50,000. The Trust Fund; and any funds in the Florida Standard- $25,000 minimum on a claiming race is not applicable bred Breeders and Owners Association account shall to a race conducted by a permitholder whose average be immediately paid to the Division of Pari-mutuel daily handle was less than $500,000 as of July 1, 1983. Wagering for deposit to the Pari-mutuel Wagering (b) The permitholder shall determine for each Trust Fund. The Florida Pari-mutuel Commission qualified race the amount of the owners' award for shall authorize payment from these funds to any which a registered Florida-bred horse will be eligible. breeder or stallion owner entitled to an award which The amount of the available owners' award shall be had not been previously paid by the Florida Stan- established in the same manner in which purses are dardbred Breeders and Owners Association in ac- established and shall be published in the condition cordance with the applicable rate. book for the period during which the race is to be

(j) The board of directors of the Florida Stan- conducted. No single award shall exceed 50 percent dardbred Breeders and Owners Association may au- of the gross purse for the race won. thorize the release of up to 25 percent of the funds (c) In the event that the moneys generated by the available for breeders' and stallion awards to be used additional takeout for owners' awards during the for purses for Florida-bred standardbred horses at meet exceed the owners' awards earned during the race meetings at which there is no pari-mutuel wager- meet, the excess funds shall be held in a separate ining unless, and to the extent that, such release would terest-bearing account, and the total interest and render the funds available for such awards insuffi- principal shall be used to increase the owners' awards cient to pay the breeders' and stallion awards earned during the permitholder's next meet. pursuant to the annual plan of the association. Any (d) Breeders' awards authorized by subsections such funds so released and used for purses shall not (3) and (4) shall not be paid on owners' awards. be considered to be an "announced gross purse" as (7)(a) Each permitholder that conducts race that term is used in paragraphs (a) and (b), and no meets under the provisions of this chapter and runs

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Appaloosa races shall pay to the Division of Parimutuel Wagering a sum equal to the breaks plus a sum equal to 1 percent of the total contributions to each pari-mutuel pool conducted on each Appaloosa race. Such payments shall be remitted to the division by the fifth day of each calendar month for sums accruing during the preceding calendar month.

(b) The division shall deposit these collections to the credit of the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Appaloosa Racing Promotion Fund." The Department of Agriculture and Consumer Services shall administer the funds and adopt suitable and reasonable rules for the administration thereof. The moneys in the Florida Appaloosa Racing Promotion Fund shall be allocated solely for supplementing and augmenting purses and prizes and for the general promotion of owning and breeding of racing Appaloosas in this state; and such moneys shall not be used to defray any expense of the Department of Agriculture and Consumer Services in the administration of this chapter, except that the moneys generated by Appaloosa registration fees received pursuant to s. 550.266 may be used as provided in paragraph (5)(b) of that section.

(8)(a) Each permitholder that conducts race meets under the provisions of this chapter and runs Arabian horse races shall pay to the Division of Parimutuel Wagering a sum equal to the breaks plus a sum equal to 1 percent of the total contributions to each pari-mutuel pool conducted on each Arabian horse race. Such payments shall be remitted to the division by the fifth day of each calendar month for sums accruing during the preceding calendar month.

(b) The division shall deposit these collections to the credit of the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Arabian Horse Racing Promotion Fund." The Department of Agriculture and Consumer Services shall administer the funds and adopt suitable and reasonable rules for the administration thereof. The moneys in the Florida Arabian Horse Racing Promotion Fund shall be allocated solely for supplementing and augmenting purses and prizes and for the general promotion of owning and breeding of racing Arabian horses in this state; and such moneys shall not be used to defray any expense of the Department of Agriculture and Consumer Services in the administration of this chapter, except that the moneys generated by Arabian horse registration fees received pursuant to s. 550.267 may be used as provided in paragraph (5)(b) of that section.

History.-s. 2, cb. 71·146; s. 2, cb. 72·129; 88.13,22, cb. 77-167; s. 3, cb. 79-300; 88. 9, 21, cb. 80-57; s. 1, ch. 84-59; s. 2, cb. 84-68; 88. 2, 10, cb. 84-282.

lNote.-The word "imposing" was inserted by the editors.

550.263 Horseracing; distribution of abandoned interest in or contributions to parimutuel pools.-

(1) All moneys or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the custody of or under the control of any horseracing permitholder authorized to conduct pari-mutuel pools in this state for a period of 1 year from the date the pari-mutuel ticket was issued, when the rightful owner or owners thereof have made no claim or demand for such money or

other property within that period, is hereby declared to have escheated to or to escheat to, and to have become the property of, the state.

(2) All moneys or other property which has escheated to and become the property of the state as provided herein and which is held by a permitholder authorized to conduct pari-mutuel pools in this state shall be paid annually by the permitholder to the recipient designated in this subsection within 60 days after the close of the race meeting of the permitholder. Section 550.164 notwithstanding, such moneys shall be paid by the permitholder as follows:

(a) Funds from any thoroughbred races shall be paid to the Florida Thoroughbred Breeders' Association and shall be used for the payment of breeders' awards and stallion awards as provided for in s. 550.262.

(b) Funds from any harness horse races shall be paid to the Florida Standardbred Breeders and Owners Association and shall be used for the payment of breeders' awards and stallion awards as provided for in s. 550.262.

(c) Except as provided in paragraphs (d) and (e), funds for quarter horse racing permitholders shall be deposited into the Florida Quarter Horse Racing Promotion Trust Fund and shall be used for the payment of breeders' awards and stallion awards as provided for in s. 550.265.

(d) Funds for Appaloosa races conducted under a quarter horse racing permit shall be deposited into the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Appaloosa Racing Promotion Fund" and shall be used for the payment of breeders' awards and stallion awards as provided for in s. 550.266.

(e) Funds for Arabian horse races conducted under a quarter horse racing permit shall be deposited into the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Arabian Horse Racing Promotion Fund" and shall be used for the payment of breeders' awards and stallion awards as provided for in s. 550.267.

Hi.tory.-s. 10, cb. 80-57; 88. 3, 11, cb. 84-282.

550.2634 Breeders' associations; verification of breaks and unclaimed ticket payments made by permitholders.-Each breeders' association authorized to receive funds pursuant to the provisions of ss. 550.262(3) and (4) and 550.263 shall, in addition to any audit conducted by the division, annually review the books and records of each permitholder and verify to the division that the breaks and unclaimed ticket payments made by each permitholder are true and correct.

Hi.tory.-s. 4, cb. 84-282.

550.265 Quarter horse racing; breeders' awards; Quarter Horse Advisory Council; horse registration fees; Florida Quarter Horse Racing Promotion Trust Fund.-

(1) LEGISLATIVE FINDINGS.-It is the finding of the Legislature that:

(a) Breed improvement is an important factor in encouraging quarter horse racing in this state;

(b) Acquisition and maintenance of quarter horse breeding farms in this state will greatly enhance the tax revenues derived by the state and counties;

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(c) Many jobs will be created through the encouragement of the quarter horse breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties; and

(d) By encouraging quarter horse breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.

(2) POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES.-The Department of Agriculture and Consumer Services shall administer this section and have the following powers and duties:

(a) To establish a registry for Florida-bred quarter horses on a voluntary basis.

(b) To make quarter horse breeders' awards available to qualified individuals from funds derived from the Florida Quarter Horse Racing Promotion Trust Fund under the authority of ss. 550.262(5) and 550.263 and under rules adopted.

'(3) QUARTER HORSE ADVISORY COUNCIL.-

(a) There is created a Quarter Horse Advisory Council consisting of seven members as follows:

1. A representative of the Department of Agriculture and Consumer Services designated by the commissioner.

2. Six members appointed by the Department of Agriculture and Consumer Services, the majority of whom shall be Florida breeders of racing quarter horses.

(b) Each member shall serve for a term of 2 years from date of appointment.

(c) At the first organizational meeting of the council, there shall be elected a chairman from the membership; and each 2 years thereafter the council shall elect a chairman from its then-constituted membership. The member representing the Department of Agriculture and Consumer Services shall be secretary of the council.

(d) Members of the council shall receive no compensation for their services, except that they shall receive per diem and travel expenses as provided in s. 112.061 when actually engaged in the business of the council.

(e) The duties of the advisory council shall be advisory only, with the following powers and duties:

1. To recommend rules. 2. To receive and report to the department com

plaints or violations of the above-named law. 3. To assist the department in the collection of

information and data which the department may deem necessary to the proper administration of this law.

(4) FRAUDULENT ACTS AND MISREPRESENTATIONS.-Any person who registers unqualified horses or misrepresents information in any way shall be denied any future participation in breeders' awards, and all horses misrepresented will no longer be deemed to be Florida-bred.

(5) REGISTRATION FEES.-(a) To provide funds to defray the necessary ex

penses incurred by the department in the administration of this section:

1. Owners who participate in this program for Florida-bred quarter horse foals under 1 year of age

shall pay to the department a registration fee in the amount of $10 per horse;

2. Owners who participate in this program for Florida-bred quarter horse yearlings from 1 to 2 years of age shall pay to the department a registration fee in the amount of $25 per horse; and

3. Owners who participate in this program for Florida-bred quarter horses 2 years of age or over shall pay to the department a registration fee in the amount of $100 per horse;

except that owners of all horses registered as Floridabred quarter horses between July 1, 1972, and July 1, 1973, shall pay a fee of $10.

(b) The fees collected under this subsection shall be deposited in the Florida Quarter Horse Racing Promotion Trust Fund, and the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section shall be paid out of the fund only up to the amount of deposited registration fees.

(6) RULES.-The Department of Agriculture and Consumer Services may adopt rules to implement, make specific, or interpret the provisions of this section.

History.-B. I, cb. 72·158; B. 11, cb. BO·57; B. I, cb. 82·46; B. 2, cb. 84·59; B. 12; cb.84·282.

'Note.-Repealed effective October I, 1988. by B. I, cb. 82·46, and Bcbeduled for review pursuant to B. 11.611 in advance of that date.

550.266 Appaloosa racing; breeders' awards; Appaloosa Advisory Council; horse registration fees; Florida Appaloosa Racing Promotion Fund.-


(a) Breed improvement is an important factor in encouraging Appaloosa racing in this state;

(b) Acquisition and maintenance of Appaloosa breeding farms in this state will greatly enhance the tax revenues derived by the state and counties;

(c) Many jobs will be created through the encouragement of the Appaloosa breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties; and

(d) By encouraging Appaloosa breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.


(a) To establish a registry for Florida-bred Appaloosas on a voluntary basis.

(b) To make Appaloosa breeders' awards available to qualified individuals from funds derived from the Florida Appaloosa Racing Promotion Fund under the authority of ss. 550.262(7) and 550.263 and under rules adopted.

(3) APPALOOSA ADVISORY COUNCIL.-(a) There is created an Appaloosa Advisory

Council consisting of seven members as follows: 1. A representative of the Department of Agricul

ture and Consumer Services designated by the commissioner.

2. Six members appointed by the Department of

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Agriculture and Consumer Services, the majority of whom shall be Florida breeders of racing Appaloosas.


(c) At the first organizational meeting of the council, there shall be elected a chairman from the membership, and each 2 years thereafter the council shall elect a chairman from its then-constituted membership. The member representing the Department of Agriculture and Consumer Services shall be secretary of the council.


(e) The duties of the advisory council shall be advisory only, with the following powers and duties:


plaints or violations of this section. 3. To assist the department in the collection of

information and data which the department may deem necessary to the proper administration of this section.

(f) This subsection is repealed October 1, 1993, and the Appaloosa Advisory Council shall be reviewed by the Legislature pursuant to s. 11.611.


(5) REGISTRATION FEES TRUST FUND.(a) To provide funds to defray the necessary ex


1. Owners who participate in this program for Florida-bred Appaloosa foals under 1 year of age shall pay to the department a registration fee in the amount of $10 per horse;

2. Owners who participate in this program for Florida-bred Appaloosa yearlings from 1 to 2 years of age shall pay to the department a registration fee in the amount of $25 per horse; and

3. Owners who participate in this program for Florida-bred Appaloosas 2 years of age or over shall pay to the department a registration fee in the amount of $100 per horse;

except that owners of all horses registered as Floridabred Appaloosas between July 1, 1984, and July 1, 1985, shall pay a fee of $15.

(b) The fees collected under this subsection shall be deposited in the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Appaloosa Racing Promotion Fund," and the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section shall be paid out of the fund only up to the amount of deposited registration fees.


Hi.tory.-ss. 8, 18, ch. 84·282.

550.267 Arabian horse racing; breeders' awards; Arabian Horse Advisory Council; horse registration fees; Florida Arabian Horse Racing Promotion Fund.-


(a) Breed improvement is an important factor in encouraging Arabian horse racing in this state;

(b) Acquisition and maintenance of Arabian horse breeding farms in this state will greatly enhance the tax revenues derived by the state and counties; .

(c) Many jobs will be created through the encouragement of the Arabian horse breeding industry in this state, thereby supplying much needed taxes and revenues to the state and counties; and

(d) By encouraging Arabian horse breeding farms, better horses will be available for racing, thereby increasing the pari-mutuel handle which will increase taxes for the state and counties.


(a) To establish a registry for Florida-bred Arabian horses on a voluntary basis.

(b) To make Arabian horse breeders' awards available to qualified individuals from funds derived from the Florida Arabian Horse Racing Promotion Fund under the authority of ss. 550.262(8) and 550.263 and under rules adopted.

(3) ARABIAN HORSE ADVISORY COUNCIL.-

(a) There is created an Arabian Horse Advisory Council consisting of seven members as follows:

1. A representative of the Department of Agriculture and Consumer Services designated by the commissioner.

2. Six members appointed by the Department of Agriculture and Consumer Services, the majority of whom shall be Florida breeders of racing Arabian horses.


(c) At the first organizational meeting of the council, there shall be elected a chairman from the membership, and each 2 years thereafter the council shall elect a chairman from its then-constituted membership. The member representing the Department of Agriculture and Consumer Services shall be secretary of the council.


(e) The advisory council shall have the following powers and duties:


plaints or violations of this section. 3. To assist the department in the collection of

information and data which the department may deem necessary to the proper administration of this section.

(f) This subsection is repealed October 1, 1993,

977


and the Arabian Horse Advisory Council shall be reviewed by the Legislature pursuant to s. 11.611.


(5) REGISTRATION FEES TRUST FUND.(a) To provide funds to defray the necessary ex


1. Owners who participate in this program for Florida-bred Arabian foals under 1 year of age shall pay to the department a registration fee in the amount of $10 per horse;

2. Owners who participate in this program for Florida-bred Arabian yearlings from 1 to 2 years of age shall pay to the department a registration fee in the amount of $25 per horse; and

3. Owners who participate in this program for Florida-bred Arabian horses 2 years of age or over shall pay to the department a registration fee in the amount of $100 per horse;

except that owners of all horses registered as Floridabred Arabian horses between July 1,1984, and July 1, 1985, shall pay a fee of $15.

(b) The fees collected under this subsection shall be deposited in the Florida Quarter Horse Racing Promotion Trust Fund in a special account to be known as the "Florida Arabian Horse Racing Promotion Fund," and the necessary expenses incurred by the Department of Agriculture and Consumer Services in the administration of this section shall be paid out of the fund only up to the amount of deposited registration fees.


Biotory.-88. 9, 18, ch. 84-282.

550.291 Racing and jai alai, periods of operation; limitation.-

(1) The Florida Pari-mutuel Commission may annually allocate to the owners of valid outstanding permits under and by virtue of which greyhound racing is now conducted in this state, not less than 90 days of racing, and not more than the number of racing days allocated or permitted to jai alai permittees, plus scholarship days and charity days allowed by law, Sundays excepted and excluded. Provided, however, the commission shall not allocate, for anyone greyhound or jai alai permittee, less than 90 days or more than 105 days of racing, plus scholarship days and charity days, Sundays excepted and excluded.

(2) The provisions of this section are supplemental to other provisions of this chapter.

Biotory.-ss. 1, 2, ch. 65-435; s. 1, ch. 71-98; s. 16, ch. 79-4; s. 5, ch. 84-96.

550.33 Quarter horse racing; substitutions.(1) Subject to all the applicable provisions of this

chapter, any person possessing the qualifications prescribed in this chapter may apply to the Division of Pari-mutuel Wagering for a permit to conduct quarter horse race meetings and racing under this chap-

ter. The applicant must demonstrate that the location or locations where the permit will be used are available for such use and that he has the financial ability to satisfy the reasonably anticipated operational expenses of the first racing year following final issuance of the permit. If the racing facility is already built, the application must contain a statement, with reasonable supporting evidence, that the permit will be used for quarter horse racing within 1 year of the date on which it is granted; if the facility is not already built, the application must contain a statement, with reasonable supporting evidence, that substantial construction will be started within 1 year of the issuance of the permit. After receipt of an application, the division shall convene to consider and act upon permits applied for. The division shall disapprove an application if it fails to meet the requirements of this section and this chapter. Upon each application filed and approved, a permit shall be issued setting forth the name of the applicant and a statement showing qualifications of the applicant to conduct racing under this chapter. If there has been no previous favorable referendum on a pari-mutuel facility within a county, then, before a quarter horse permit may be issued by the division, a referendum ratified by a majority of the electors in the county shall be required on the question of allowing quarter horse races within that county; but, if there is an extraordinary vote of the board of county commissioners of that county to allow quarter horse racing, the provision for a referendum will not apply.

(2)(a) After a quarter horse racing permit has been granted by the division, the Department of Business Regulation shall grant to the lawful holder of such permit, subject to the conditions hereof, a license to conduct quarter horse racing under this chapter; and the Florida Pari-mutuel Commission shall fix annually the time when, place where, and number of days upon which racing may be conducted by such quarter horse racing permitholder. After the first license has been issued to the holder of a permit for quarter horse racing, all subsequent annual applications for a license by a permitholder shall be accompanied by proof in such form as the division may require that the permitholder still possesses all the qualifications prescribed by this chapter. The Division of Pari-mutuel Wagering may revoke any permit or license hereunder upon the willful violation by the licensee of any of the provisions of this chapter or any rule or regulation issued by the division under the provisions of this chapter. The division may also revoke any permit issued after July 1, 1981, for failure to conduct a quarter horse meet pursuant to the license issued unless the failure is due to circumstances beyond the permitholder's control.

(b) In lieu of the suspension or revocation of a license, the division may impose a civil penalty against any licensee for a violation of this chapter, chapter 551, or any rule or regulation promulgated by the division. No penalty so imposed shall exceed $1,000 for each count or separate offense, and all penalties imposed and collected shall be deposited with the Treasurer to the credit of the General Revenue Fund.

(3) Any quarter horse racing permitholder is authorized to conduct quarter horse races throughout the year, except on Sundays. Such races may be continuous or portioned at various periods of time, not

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to exceed 120 days annually. These races may be performed only at anyone or more licensed tracks and may be conducted by day or night or part by day and part by night. The operator of any licensed racetrack is authorized to lease such track to any quarter horse racing permitholder for the conduct of quarter horse racing under this chapter. The permitholder conducting a quarter horse race meet shall pay the daily license fee, the admission tax, the tax on breaks, and the tax on pari-mutuel handle provided in s. 550.09 and shall be subject to all penalties and sanctions provided in s. 550.09(6).

(4) Sections 550.05, 550.06, 550.07, 550.17, and 550.18 are hereby declared to be inapplicable to quarter horse racing as permitted herein; and all other provisions of this chapter apply to, govern, and control such racing, and the same shall be conducted in compliance therewith.

(5) Quarter horses participating in such races shall be duly registered by the American Quarter Horse Association, and before each race such horses shall be examined and declared in fit condition by some qualified person designated by the division.

(6) Any quarter horse racing days permitted under this section shall be in addition to any other racing permitted under the license issued the track where such quarter horse racing is conducted.

(7)(a) Any quarter horse racing permitholder operating under a valid permit issued by the Division of Pari-mutuel Wagering is authorized to substitute other races of other breeds of horses which are, respectively, registered with the American Paint Horse Association, Appaloosa Horse Club, Arabian Horse Registry of America, Jockey Club, Palomino Horse Breeders of America, or United States Trotting Association, for no more than 50 percent of the quarter horse races daily. However, any quarter horse racing permitholder which elects to operate under this substitution provision and which ran breeds of horses registered with the American Quarter Horse Association, the Appaloosa Horse Club, or the Arabian Horse Registry of America during 1983, must, prior to 'making such substitution, first run a number of races equal to the number of races of these three breeds which were run in 1983; such races under a quarter horse permit may be comprised of any of the three breeds, but must be comprised of no less than 50 percent of horses registered with the American Quarter Horse Association.

(b) Any permittee operating within an area of 50 air miles of a licensed thoroughbred track shall not substitute thoroughbred races under this section while a thoroughbred horserace meet is in progress within that 50 miles; provided, however, any permittee operating within an area of 125 air miles of a licensed thoroughbred track shall not substitute live thoroughbred races under this section while a thoroughbred permittee is conducting a thoroughbred meet pursuant to both s. 550.04 and s. 550.08 within that 125 miles. These mileage restrictions do not apply to any permittee which holds a non wagering permit issued pursuant to s. 550.50. No races comprised of thoroughbred horses under this section registered with the Jockey Club shall be permitted during the period beginning September 1 and ending on January 5 of each year in any county where there is one or more licensed dog tracks conducting a race meet.

Nothing contained herein shall be interpreted in any manner to affect the competitive award of matinee performances to jai alai frontons or dog tracks in opposition to races comprised of thoroughbred horses registered with the Jockey Club under this section.

(8) A quarter horse racing permitholder is authorized to conduct no more than 12 races per racing day.

(9) No quarter horse permit issued pursuant to this section shall be eligible for transfer or conversion to another type of pari-mutuel operation.

(10) Any nonprofit corporation, including, but not limited to, an agricultural cooperative marketing association, organized and incorporated under the laws of this state may apply for a quarter horse racing permit and operate racing meets under such permit, provided all pari-mutuel taxes and fees applicable to such racing are paid by the corporation. However, insofar as its pari-mutuel operations are concerned, the corporation shall be treated as a corporation for profit and shall be subject to taxation on all property used and profits earned in connection with its parimutuel operations.

Hi8tory.-8. 1, ch. 25354, 1949; 8. 1, ch. 59-492; 8. 1, ch. 69-50; 8. 3, ch. 70-226; ... 1, 2, ch. 71-98; 8. 2, ch. 74-19; ... 1,2, ch. 74-178; 8. 1, ch. 75-142; 8. 1, ch. 76-257; 8. 1, ch. 77-174; 8. 9, ch. 78-95; 8. 18, ch. 79-4; 8. 12, ch. SO-57; 8. 1, ch. 81-154; 8 . 130, ch. 83-218; 8. 14, ch. 84-282.

'N ote.-The word "making" was inserted by the editors.

550.35 Transmission of racing and jai alai information.-

(l)(a) Except as provided in subsections (2)-(8), inclusive, it is unlawful for any person to transmit or communicate to another or receive or secure by any means whatsoever the results, changing odds, track conditions, jockey changes, or any other information relative to any horserace, dograce, or jai alai contest from any racetrack or fronton in this state, between the period of time beginning 1 hour prior to the first race or game of any day and ending 30 minutes after the posting of the official results of each race or game as to that particular race or game, except that the foregoing limitations do not apply to the results of the last race or last game of each day's meet.

(b) It is unlawful for any person to transmit by any means whatsoever racing information to any person, or to relay the same to any person by word of mouth, by signal, or by use of telephone, telegraph, radio, or any other means, when the information is knowingly used or intended to be used for illegal gambling purposes, or in furtherance of such illegal gambling.

(c) Paragraphs (a) and (b) shall be deemed an exercise of the police power of the state for the protection of the public welfare, health, peace, safety, and morals of the people of the state and all of the provisions herein shall be liberally construed for the accomplishment of this purpose.

(d) A person who violates the provisions of paragraph (a) or paragraph (b) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2)(a) Any horsetrack, dogtrack, or fronton licensed under this chapter or under chapter 551 may transmit broadcasts of races or games conducted at the enclosure of the licensee to locations outside this state. All broadcasts of horseraces transmitted to locations outside this state shall also comply with the

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provisions of the Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. s. 3001 et seq. A horsetrack is not required to make payments to horse owners or any horseman's association in excess of 50 percent of the net proceeds paid to the track by tracks or entities accepting legalized wagers, less direct expenses required to transmit such horseraces.

ceptance of such purse or prize as full and complete remuneration and payment for such entry and participation, including the broadcast of such event, except as otherwise provided in this section.

(7) For the purposes of this section, the term "broadcast" means the broadcast, transmission, or exhibition in any medium or manner by means which may include, by way of illustration, but are not limited to, community antenna systems which receive and retransmit television or radio signals by wire, cable, or otherwise to television or radio sets and cable origination networks or programmers which transmit programming to community antenna television or closed-circuit systems by wire, cable, satellite, or otherwise.

(8) To the extent that any rights, privileges, or immunities granted to racing associations or frontons under this section conflict with any provisions of any other law or affect any order or rule of the Florida Public Service Commission relating to the regulation of public utilities and the furnishing to others of any communication, wire service, or other similar service or equipment, the rights, privileges, or immunities granted under this section will prevail over such conflicting provisions.

Hiatory.-S8. 1-5, th. 26722, 1951; s. 6, th. 67-180; 8. 8, th. 59-406; s. 1, th. 63-279; 8. 1, th. 65-52; s. 2, th. 71-98; s. 646, th. 71-136; s. 1, th. 84-9.

(b) Any horsetrack licensed under this chapter may receive broadcasts of horseraces conducted at other horse racetracks located outside this state at the racetrack enclosure of the licensee during its racing meet. All broadcasts of horseraces received from locations outside the state shall comply with the provisions of the Interstate Horseracing Act of 1978, 92 Stat. 1811, 15 U.S.C. s. 3001 et seq. All forms of parimutuel wagering shall be allowed on races broadcast under this paragraph, and all money wagered by patrons on such races shall be computed in the amount of money wagered each racing performance for purposes of taxation under s. 550.09. Sections 550.162 and 550.262 do not apply to any money wagered on races broadcast under this paragraph. Payments to horse owners or any horseman's association are limited to 50 percent of the net proceeds received by the licensee accepting wagers on races broadcast under this paragraph, after deducting from the takeout all tax payments made to the state and all payments made to the racing association or other person for transmission of races broadcast under this para- 550.37 Operation of certain harness tracks.-graph, and any direct expenses required of the licens- (1) It is the finding of the Legislature of the state ee for the transmission of races broadcast under this that the operation of harness tracks and legalized paragraph. pari-mutuel and mutuel betting at harness tracks in

(c) Any dogtrack or fronton licensed under this this state will become a substantial business compatichapter or under chapter 551 may receive broadcasts ble with the best interests of the state, and the taxes of dograces or jai alai games conducted at other derived therefrom will constitute an important and tracks or frontons located outside the state at the integral part of the tax structure of the state and track enclosure of the licensee during its operational counties. It is the further finding of the Legislature meeting. All forms of pari-mutuel wagering shall be that the operation of harness tracks within the state allowed on dograces or jai alai games broadcast under will establish and encourage an important industry this paragraph. All money wagered by patrons on within the state, namely, the acquisition and maintedograces broadcast under this paragraph shall be nance of breeding farms for the breeding of standardcomputed in the amount of money wagered each per- bred horses utilized in harness races. It is further the formance for purposes of taxation under s. 550.09, finding of the Legislature that harness tracks operatand all money wagered by patrons on jai alai games ing at night within the immediate vicinity of other broadcast under this paragraph shall be computed in racetracks will greatly enhance the tax revenue dethe amount of money wagered each performance for rived by the state and counties from racing and will purposes of taxation under s. 551.06. not endanger the general welfare of the public. It is

(3) No pari-mutuel facility in this state is permit- the further finding of the Legislature of the state that ted to broadcast any type of race or game not permit- this increase in tax revenue is needed by the state ted at that facility under its current license. and the counties. It is the further finding of the Leg-

(4) At least 80 percent of the races or games on islature that harness racing is an exhibition sport which wagers are taken during each performance which will attract a large tourist business to the state shall be live races or games conducted at the pari- and will afford entertainment at night to such tourmutuel facility in this state, except when a permit- ists during the winter racing season, and many of holder is unable to fill the daily race or game card or such tourists who are thus attracted by harness racwhen otherwise authorized by the Division of Pari- ing do not attend other forms of racing or engage in mutuel Wagering. other forms of pari-mutuel betting. It is the further

(5) No racetrack or fronton shall make any pay- finding of the Legislature that the Division of Pariment to any patron on any pari-mutuel ticket pur- mutuel Wagering should be empowered to consider chased on any race or game transmitted pursuant to and grant the application of any dog track, horse this section until the stewards, judges, or panel of track, and harness track permittee and licensee to judges or other similarly constituted body at the conduct without further elections harness racing with racetrack or fronton where the race or game origi- sulky during the winter racing season at a location nates has confirmed the race or game as official. within any county wherein two or more elections

(6) The entry and participation for a purse or any have been held in which a majority of the electors other prize of any racing animal by the owner of the voting in such elections voted in favor of the operaanimal and the jockey or driver is tantamount to action of pari-mutuel pools within the county at horse

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and dog tracks; provided, the applicant for the 2 years immediately preceding the presentation thereof to the Division of Pari-mutuel Wagering has had an average daily mutuel pool of less than $20,000 for a seasonal operation of 50 days or more for each of such years.

(2) Harness racing at harness tracks when used herein shall mean the racing of standardbred horses in harness with sulky. Horseracing at horse tracks shall mean racing of thoroughbred horses with jockeys.

(3) Any permittee or licensee authorized under the provisions hereof to transfer the location of its permit shall conduct harness racing at night only. A permit so transferred shall apply only to the locations as hereinafter provided. The Division of Pari-mutuel Wagering shall authorize such permittees and licensees to operate harness racing from 7 p.m. until 12 midnight. The provisions of this chapter which prohibit the location and operation of a licensed harness track permittee and licensee within 100 air miles of the location of a racetrack authorized to conduct racing under the provisions of this chapter and which prohibit the Division of Pari-mutuel Wagering from granting any permit to a harness track at a location in the area in which there are three horse tracks located within 100 air miles thereof are not applicable to a licensed harness track which is required by the terms of this act to race at night.

(4) No permit shall be issued by the Division of Pari-mutuel Wagering for the operation of a harness track within 75 air miles of a location of a harness track licensed and operating under the provisions of this chapter. All harness tracks licensed under the provisions of this chapter shall be granted by the Florida Pari-mutuel Commission racing dates during the winter horseracing season as provided by s. 550.291, which racing dates may commence on or after October 1 of each year and shall conclude on or before June 1 of each year, and such permittee and licensee shall be permitted and authorized to race every day except Sunday. However, no more than 120 days, plus scholarship and charity days, may be allocated in the period between October 1 of any year and June 1 of the succeeding year.

(5) The permitholder conducting a harness horse race meet shall pay the daily license fee, the admission tax, the tax on breaks, and the tax on parimutuel handle provided in s. 550.09 and shall be subject to all penalties and sanctions provided in s. 550.09(6).

(6) All holders of permits and licenses for dogracing and all holders of permits and licenses for horseracing and all holders of permits and licenses for harness racing issued by the Division of Pari-mutuel Wagering authorized to operate in the winter horseracing season whose average daily pari-mutuel pool (computed by dividing the total pari-mutuel pool for the racing season by the number of actual days raced at said meet, exclusive of charity days) for each of the 2 consecutive years next prior to the filing of the application as herein provided, during its racing seasons which shall have been 50 days or more for each year, was less than $20,000 at the option of each of said permittees and licensees evidenced by its application to the Division of Pari-mutuel Wagering for such purpose, shall be issued a license under its permit to

operate only harness racing with sulky for a total period of 90 racing days during the winter horseracing season at such location as may be designated by the applicant and hereinafter authorized in subsection (7) within any county in which two or more elections have been held in which a majority of the electors in such elections voted in favor of the operation within said county of pari-mutuel pools at racetracks. Nothing herein contained shall authorize the transfer of a permit to any county in which there is located a horse track licensed by the Division of Pari-mutuel Wagering whose average daily pari-mutuel pool (computed by dividing the total pari-mutuel pool for the racing season by the number of actual days raced at said meet, exclusive of charity days) for each of the 2 consecutive years next prior to the filing of the application as hereinabove provided, during its racing season which shall have been 50 days or more for each year, was less than $400,000.

(7) Such permittee and licensee upon the approval of its application by the Division of Pari-mutuel Wagering pursuant to the provisions of this act may conduct harness racing at the facilities or plant leased by it from any horserace permittee or licensee in any county within the authorized area designated in this act not more than 40 miles from the applicant's designated location, provided the said horserace permittee has a valid permit and license issued to it under the provisions of this chapter and said applicant-permittee and licensee may conduct such harness race meetings at said leased premises provided, that said permittee and licensee may thereafter construct its own facilities and its own plant at the location designated in its approved application. Such applicant-permittee and licensee may, pending the construction of its permanent facilities, operate at said leased premises and may thereafter divide its season of racing between its leased location and its permanent location so long as said locations remain within the authorized county or counties as elsewhere herein defined. If said permittee's season of racing is divided as aforesaid, the limitation of 75 miles between harness track locations does not apply. The 75-mile limitation between the harness tracks hereinabove provided in regard to other permittees shall be measured from the location designated in said permittee's application to the Division of Pari-mutuel Wagering. Nothing herein contained authorizes the permittee and licensee to operate more than 90 racing days. No such permit or harness racing may be moved to or permitted in any county having two or more horse track permits.

(8) The distance provisions contained in ss. 550.02 and 550.05 are not applicable to any harness race permittee who is required by the terms of this act to conduct harness racing at night only, nor is s. 550.17 applicable to any permittee whose permit is transferred under the provisions of this section.

(9) The provisions of this chapter as the same pertain to horseracing are applicable to harness racing except those provisions which are inconsistent herewith, and where the provisions of this chapter are by implication inconsistent with or are, in fact, in conflict with the provisions of this act, then this act will govern harness racetrack permittees or licensees and harness racing.

(10) Each licensed harness track in the state shall

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be required to schedule an average of one race per racing day in which horses bred in Florida and duly registered as standardbred harness horses shall have preference as entries over non-Florida-bred horses, and to require all licensed harness tracks to write the conditions for such races in which Florida-bred horses are preferred so as to assure that all Floridabred horses available for racing at such tracks be given full opportunity to perform in the class races for which they are qualified, said opportunity of performing to be afforded to each class of horses in proportion that the number of horses in this class bears to the total number of Florida-bred horses available; provided that no track shall be required to write conditions for a race to accommodate a class of horses for which a race would otherwise not be scheduled at such track during its meeting.

(11) Where a permit has been transferred from a county under the provisions of this act, no other transfer may be permitted from such county.

History.-BB. 1,2, ch. 63-130; B. I, ch. 69-159; B. I, ch. 70-310; ... 1,2, ch. 71-98; B. 2, ch. 74-178; B. I, ch. 76-24; ... 14,22, ch. 77-167; B. 19, ch. 79-4; B. 3, ch. 79-300; ... 14, 21, ch. BO-57; ... 3, 5, ch. BO-88; B. 6, ch. 84-96. cr.-B. 550.075 Conversion of ratified harness racing permit to dogracing license.

B. 550.335 Ham ... track licenses for Bummer quarter horse racing.

550.48 Totalisator lieensing.(1) As used in this section: (a) "Totalisator" means a mechanical or electrical

machine used for recording, computing, and displaying on the mutuel board at a pari-mutuel facility, in plain view of the public, the total amount of sales on each race or game and the amount of award or dividend to winning patrons.

(b) "Totalisator owner or operator" means any entity engaged in the operation of totalisator machines at pari-mutuel facilities.

(2) No totalisator shall be operated at a horsetrack, dogtrack, or jai alai fronton licensed pursuant to chapter 550 or chapter 551, unless the person or entity owning or operating the totalisator holds a totalisator license issued by the Division of Pari-mutuel Wagering of the Department of Business Regulation in accordance with this section.

(3) Each person connected with totalisator operations located on any horsetrack, dogtrack, or jai alai fronton licensed pursuant to chapter 550 or chapter 551 shall pay an annual totalisator license fee in the following amount:

(a) A totalisator owner or operator, $25. (b) An employee directly concerned with totalisa

tor operations, $4. (4) Each totalisator owner or operator, as a condi

tion to licensure under this section, will be liable to the state for the loss of any state revenues from missed or cancelled races, games, or performances due to acts of the totalisator owner or operator or its agents or employees or failures of the totalisator system, except for circumstances beyond the control of the totalisator owner or operator.

(a) Each totalisator owner or operator shall file with the division a performance bond in the sum of $75,000 issued by a surety approved by the division or shall file proof of insurance in the amount of $75,000, insuring the state against such a revenue loss. However, if the totalisator owner or operator demonstrates to the satisfaction of the division reliability in the operation of its totalisator system and

sufficient financial stability and security for the preceding 3 years, the division may waive the requirement of a bond or proof of insurance.

(b) In the event of a loss of state tax revenues, the division shall make the following determinations:

1. The estimated revenue lost as a result of missed or cancelled races, games, or performances;

2. The number of races, games, or performances which are practicable for the permitholder to conduct in an attempt to mitigate the revenue loss; and

3. The amount of the revenue loss which the makeup races, games, or performances will not recover and for which the totalisator owner or operator is liable.

(c) Upon the making of such determinations, the division shall issue to the totalisator owner or operator and to the affected permitholder an order setting forth the determinations of the division.

(d) In the event the order is contested by either the totalisator owner or operator or the affected permitholder, the provisions of chapter 120 will apply. If the totalisator owner or operator contests the order on the grounds that the revenue loss was due to circumstances beyond its control, then the totalisator owner or operator shall have the burden of so proving that circumstances were in fact beyond its control. For purposes of this subsection, strikes and acts of God shall be considered to be beyond the control of the totalisator owner or operator.

(e) Upon the failure of the totalisator owner or operator to make the payment found to be due the state, the division may cause the forfeiture of the bond or proceed against the insurance contract, and the proceeds of the bond or contract shall be deposited into the 'Pari-mutuel Wagering Tax Collection Trust Fund. In the event that bond was not posted or insurance obtained, the division may proceed against any assets of the totalisator owner or operator to collect the amounts due under this subsection.

(5)(a) As a condition precedent to the annual issuance of a totalisator license, an applicant for a totalisator license agrees that the division may audit and check the books and records of any such totalisator owner or operator at any time in order to guarantee reliability, trustworthiness, and security in the operations of the totalisator. To carry out this responsibility, the division may:

1. Take testimony concerning any matter within its jurisdiction and issue summonses, subpoenas, and subpoenas duces tecum in connection with any matter within its jurisdiction, under its seal and signed by the director;

2. Make necessary public or private investigations within or outside this state;

3. Require or permit any person to file a statement in writing, under oath or otherwise as the division determines, as to all facts and circumstances concerning the matter to be investigated; and

4. Designate an officer who may administer oaths or affirmations.

(b) Upon motion of the division or upon request of any party to such investigation or proceeding, the division shall subpoena witnesses, compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or

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other tangible things and the identity and location of persons having knowledge of relevant facts or any matter reasonably calculated to lead to the discovery of material evidence.

(c) Upon failure to obey a subpoena or to answer questions propounded by the investigating officer and upon reasonable notice to all persons affected thereby, the division may apply to circuit court for an order compelling compliance.

(6) Each totalisator owner and operator shall conduct his operations at horsetracks, dogtracks, and jai alai frontons in accordance with rules adopted by the division, in such form, content, and frequency as the division by rule may determine.

(7)(a) The division, after due process in accordance with chapter 120, may suspend or revoke any license issued pursuant to this section at any track or fronton, upon the willful violation by the licensee of any of the provisions of this section or of any rule adopted by the division under the provisions of this section.

(b) In lieu of the suspension or revocation of a license, the division, after notice and hearing pursuant to the provisions of chapter 120, may impose a civil penalty against any licensee for a violation of this section or any rule adopted by the division. The penalty shall not exceed $1,000 for each count or separate offense. All penalties imposed and collected shall be deposited with the Treasurer to the credit of the General Revenue Fund.

History.-s. 1, ch. 78·243; s. 158, ch. 79·164; s. 1, ch. 64·323. IN ote.-The name of the fund is inaccurate; it is not clear whether a reference

to the ·Pari·mutuel Wagering Trust Fund" or the ·Pari·mutuel Tax Collection Trust Fund" is intended. See s. 550.09(1), (6).

550.50 Nonwagering permits.-(l)(a) Except as provided in this section, permits

and licenses issued by the division are intended to be used for pari-mutuel wagering operations in conjunction with horseraces, dograces, or jai alai performances.

(b) Subject to the requirements of this section, the division is authorized to issue permits for the conduct of horseracing meets without pari-mutuel wagering or any other form of wagering being conducted in conjunction therewith. Such permits shall be known as nonwagering permits and may be issued only for horseracing meets other than thoroughbred meets. The holder of a non wagering permit is prohibited from conducting pari-mutuel wagering or any other form of wagering in conjunction with racing conducted under the permit. Nothing in this subsection prohibits horseracing for any stake, purse, prize, or premium.

(2)(a) Any person not prohibited from holding any type of pari-mutuel permit under s. 550.181 shall be allowed to apply to the division for a non wagering permit. The applicant must demonstrate that the location or locations where the nonwagering permit will be used are available for such use and that the applicant has the financial ability to satisfy the reasonably anticipated operational expenses of the first racing year following final issuance of the non wagering permit. If the racing facility is already built, the application must contain a statement, with reasonable supporting evidence, that the nonwagering permit will be used for horse racing within 1 year of the date on which it is granted. If the facility is not already built,

the application must contain a statement, with reasonable supporting evidence, that substantial construction will be started within 1 year of the issuance of the non wagering permit.

(b) The division may conduct an eligibility investigation to determine if the applicant meets the requirements of paragraph (a). The costs of the investigation shall be governed by s. 550.215.

(3) Upon receipt of a nonwagering permit, the permitholder must apply to the Florida Pari-mutuel Commission for dates to conduct non wagering racing. No racing dates may be granted to a nonwagering permitholder which conflict with the racing dates of any pari-mutuel permitholder within 50 miles of the location of the racetrack of the nonwagering permitholder if the pari-mutuel permitholder objects to such dates. The commission shall provide notice to pari-mutuel permitholders affected by an application for non wagering racing dates.

(4) Upon the approval of racing dates by the commission, the division shall issue an annual nonwagering license to the nonwagering permitholder, authorizing non wagering racing on the dates approved by the commission.

(5) Only horses registered with an established breed registration organization, which organization shall be approved by the division, shall be raced at any race meeting authorized by this section.

(6) The division may order any person participating in a non wagering meet to cease and desist from participating in such meet if the division determines the person to be not of good moral character in accordance with s. 550.181. The division may order the operators of a non wagering meet to cease and desist from operating the meet if the division determines it is being operated for any illegal purpose.

History.-s. 15, ch. 64·282.

CHAPTER 551

FRONTONS

551.06 Daily license fee; admission tax; taxes on handle and breaks; surtax.

551.09 Wagers and pari-mutuel pools permitted within enclosure of fronton commissions; distribution of pari-mutuel pools.

551.06 Daily license fee; admission tax; taxes on handle and breaks; surtax.-

(1) Every person engaged in conducting exhibitions of the Spanish ball game known as "jai alai" or "pelota" under this chapter, hereinafter referred to as the "permitholder," "licensee," or "permittee," shall pay to the Division of Pari-mutuel Wagering for the use of the division a daily license fee of $80 for each jai alai game conducted by the permitholder, which sum shall be deposited with the Treasurer to the credit of the Pari-mutuel Wagering Trust Fund; however, any fronton which had an average handle per performance of less than $100,000 for the preceding jai alai season shall pay a daily license fee of $50 for each game conducted.

(2) An admission tax equal to 15 percent of the

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entrance-gate admission charge or 10 cents, whichever is greater, shall be imposed on each person attending a jai alai performance. The permitholder shall be responsible for the collection of the admission tax. An admission tax shall be imposed on any free passes or complimentary cards issued to guests by permitholders and shall be equal to the tax imposed on the regular and usual entrance-gate admission charge. With the consent of the division, a permitholder may issue tax-free passes to its officers, officials, and employees or other persons actually engaged in working at the fronton, including accredited press representatives such as reporters and editors, and may also issue tax-free passes to other permitholders for the use of their officers and officials. A list of all such persons to whom tax-free passes are issued shall be filed with the division.

(3) Each permitholder shall pay a tax on contributions to pari-mutuel pools, the aggregate of which is hereinafter referred to as "handle," on games conducted by the permitholder. The tax shall be imposed daily and shall be based on the total contributions to all pari-mutuel pools conducted during the daily performance. In the event that a permitholder is authorized by the Florida Pari-mutuel Commission to conduct more than one performance daily, the tax shall be imposed on each performance separately. A "performance" is defined as a series of games conducted consecutively under a single admission charge. The tax on handle for jai alai shall be 7.1 percent of the handle in excess of $25,000 per performance per day.

(4) Each permitholder conducting jai alai performances shall pay a tax equal to the breaks. The "breaks" represents that portion of each pari-mutuel pool which is not redistributed to the contributor or withheld by the permitholder as commission and is further defined in s. 551.09.

(5) In addition to any other tax levied pursuant to chapter 550 or this chapter, a permitholder is subject to a surtax which shall be levied at the rate of 50 percent and imposed upon any sum withheld pursuant to s. 551.09(2)(b).

(6) Payment for the admission tax, the tax on breaks, and the tax on handle imposed in this section shall be made to the Division of Pari-mutuel Wagering. The division shall deposit these sums with the Treasurer, with one-half to be credited to the Parimutuel Tax Collection Trust Fund and one-half to be credited to the General Revenue Fund. The surtax imposed by subsection (5) shall be paid to the Division of Pari-mutuel Wagering, and the division shall deposit these sums with the Treasurer for deposit into the General Revenue Fund.

(7) The permitholder shall remit to the Division of Pari-mutuel Wagering payment for the daily license fee, the admission tax, the tax on handle, the tax on breaks, and the surtax by the fifth day of each calendar month for all taxes imposed and collected during the preceding calendar month. Such payments shall be accompanied by a report under oath showing the total of all admissions, the pari-mutuel wagering activities for the preceding calendar month, and such other information as may be prescribed by the division. Failure of any permitholder to make the payments prescribed is a violation of this section, and the permitholder may be subjected to a civil penalty

of up to $1,000 for each day the tax payment is not remitted. All penalties imposed and collected shall be deposited to the General Revenue Fund. If a permitholder fails to pay penalties imposed by order of the division under this subsection, the division may suspend or revoke the license of the permitholder, cancel the permit of the permitholder, or deny issuance of any further license or permit to the permitholder.

(8) In addition to the civil penalty allowed in subsection (7), any willful or wanton failure by any permitholder to make payment of the daily license fee, the admission tax, the tax on handle, the tax on breaks, and the surtax shall constitute sufficient ground for the Division of Pari-mutuel Wagering to suspend or revoke the license of the permitholder, cancel the permit of the permitholder, or deny issuance of any further license or permit to the permitholder.

HI.tory.-8. 4, ch. 17074, 1935; CGL 1936 Supp. 4151(358); 8. 2, ch. 71·98; 8. 19, ch. 80·57; 8. 408, ch. 81·259; 8 . 8, ch. 84·96.

551.09 Wagers and pari-mutuel pools permitted within enclosure of fronton commissions; distribution of pari-mutuel pools.-

(1) Within the enclosure of any fronton licensed and conducted under this chapter but not 'elsewhere, wagering on the respective scores or points of the game of jai alai or pelota and the sale of pari-mutuel pools under such regulations as the Division of Parimutuel Wagering shall prescribe, are hereby authorized and permitted.

(2) The "commission" is the percentage of the contributions to pari-mutuel pools which a permitholder is permitted to withhold from the contributions before making redistribution to the contributors. The permitholder's share of the commission is that portion of the commission which remains after the pari-mutuel tax imposed upon the contributions to the pari-mutuel pool is deducted from the commission and paid by the permitholder. The commission is deducted from all pari-mutuel pools but may be different depending on the type of pari-mutuel pool. For the purpose of this chapter, contributions to pari-mutuel pools involving wagers on a single jai alai player or team in a single game, such as the win pool, the place pool, or the show pool, are referred to as "regular wagering," and the contributions to all other types of pari-mutuel pools, which include, but need not be limited to, the daily double, perfecta, quiniela, trifecta, or Big "Q" pools, are referred to as "exotic wagering."

(a) The commission which a permitholder who conducts jai alai under the provisions of this chapter may withhold from contributions to pari-mutuel pools may not exceed 17.6 percent on regular wagering and may not exceed 19 percent on exotic wagering, except that an additional 1 percent on triples, trifectas, or other similar wagers involving three or more players or teams in any game and on "pic-six" wagers may be withheld for capital improvements or to reduce capital improvement debt.

(b) In addition to withholding a commission pursuant to paragraph (a), a permitholder may withhold an additional 1 percent on any or all exotic wagers for capital improvements or to reduce capital improvement debt.

(c) A permitholder who withholds such addition-

984


al sums pursuant to paragraphs (a) and (b) is bound by the definitions of capital improvements and capital improvement debt and the use of these sums as they appear in s. 550.16.

(3) After deducting a commission and the "breaks" (hereinafter defined), a pari-mutuel pool shall be redistributed to the contributors.

(4) Redistributions of funds otherwise distributable to the contributors to such pari-mutuel pools shall be a sum equal to the next lowest multiple of 10.

(5) No distribution of a pari-mutuel pool shall be made of the odd cents of any sum otherwise distributable, which odd cents shall be known as the "breaks."

(6) The "breaks" shall be known as the difference between the amount contributed to a pari-mutuel pool and the total of the commission of the licensee and the sums actually redistributed to the contributors.

(7) No person or corporation shall directly or indirectly purchase pari-mutuel tickets or participate in the purchase of any part of a pari-mutuel pool for another for hire or for any gratuity, and no person shall purchase any part of a pari-mutuel pool through another, wherein he gives or pays directly or indirectly such other person anything of value, and any person who violates this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hlstory.-8. 7, ch. 17074, 1935; CGL 1936 Supp. 4151(361); 8. 1, ch. 22817, 1945; •. 2, ch. 61-119; 8. 2, ch. 71-98; 8. 547, ch. 71-136; 88. 4, 6, ch. 75-42; 88. 20, 22, ch. SO-57; 8. 8, ch. 82-149; •. 6, ch. 83-56; •. 4, ch. 84-96.

CHAPTER 552

MANUFACTURE, DISTRIBUTION, AND USE OF EXPLOSIVES

552.22 Penalties.

552.22 Penalties.-(1) Any person who manufactures, purchases,

transports, keeps, stores, possesses, distributes, sells, or uses any explosive with the intent to harm life, limb, or property is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Manufacturing, purchasing, possessing, distributing, or selling an explosive under circumstarIces contrary to the provisions of this chapter or such regulations as are adopted pursuant thereto shall be prima facie evidence of an intent to use the explosive for destruction of life, limb, or property.

(2) Any person who possesses any explosive material, knowing or having reasonable cause to believe that such explosive material was stolen, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who knowingly withholds information or presents to the division any false, fictitious, or misrepresented application, identification, document, information, statement, or data, intended or likely to deceive, for the purpose of obtaining an explosives license or permit is guilty of a misdemean-

985

or of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any person who knowingly withholds information or makes any false or fictitious entry or misrepresentation upon any records required by s. 552.111 or s. 552.112 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(5) Any person who is the holder of an explosives license or permit and who fails to report the loss, theft, or unexplained shortage of any explosive material as required by s. 552.113 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(6) Any person who violates any order, rule, or regulation of the division, an order to cease and desist, or an order to correct conditions issued pursuant to this chapter is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(7) Any person who is the holder of an explosives license or permit and who abandons any explosive material is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(8) The license or permit of any person convicted of violating subsection (1) or subsection (2) is automatically and permanently revoked upon such conviction.

(9) The license or permit of any person convicted of violating subsection (3), subsection (4), subsection (5), subsection (6), or subsection (7) is automatically revoked upon such conviction, and the division shall not issue a license or permit to such person for 2 years from the date of such conviction.

(10) Any person who knowingly possesses an explosive in violation of the provisions of s. 552.101 is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-8. 7, ch. 29944, 1955; •. 9, ch. 59-83; 8. 2, ch. 65-59; •. 548, ch. 71-136; 8. 21, ch. 77-84; •. 224, ch. 79-400; 8.1, ch. 84-17.

Note.-Former •. 552.14.

CHAPTER 553

BUILDING CONSTRUCTION STANDARDS

PART II ELECTRICAL CODE

PART IV FACTORY-BUILT HOUSING

PART V ACCESSIBILITY BY HANDICAPPED PERSONS

PART VI STATE MINIMUM BUILDING CODES

PART VII THERMAL EFFICIENCY STANDARDS

PART II

ELECTRICAL CODE


553.19 Adoption of electrical standards.

553.19 Adoption of electrical standards. -For the purpose of establishing minimum electrical standards in this state, the following standards are adopted:

(1) "National Electrical Code 1984," NFPA No. 70-1984, with the exception of Article 210-8, Ground Fault Circuit Protection.

(2) Underwriters' Laboratories, Inc., "Standards for Safety, Electrical Lighting Fixtures, and Portable Lamps," UL 57-1982 and UL 153-1983.

(3) Underwriters' Laboratories, Inc., "Standard for Electric Signs," UL 48-1982.

(4) The provisions of the following which prescribe minimum electrical standards:

(a) NFPA No. 56A-1978, "Inhalation Anesthetics 1978."

(b) NFPA No. 56B-1982, "Respiratory Therapy 1982."

(c) NFPA No. 56C-1980, "Laboratories in Healthrelated Institutions 1980."

(d) NFPA No. 56D-1982, "Hyperbaric Facilities." (e) NFPA No. 56F-1983, "Nonflammable Medical

Gas Systems 1983." (f) NFPA No. 76A-1984, "Essential Electrical

Systems for Health Care Facilities 1984." (5) Chapter lOD-29 of the rules and regulations

of the Department of Health and Rehabilitative Services, entitled "Nursing Homes and Related Facilities Licensure. "

(6) The minimum standards for grounding of portable electric equipment, chapter 8C-27 as recommended by the Industrial Standards Section, Division of Workers' Compensation, Department of Labor and Employment Security.

Hi.tory.-s. 5, ch. 70·332; s. I , ch. 72·292; s. I , ch. 73-283; s. I, ch. 75-55; s. 452, ch. 77-147; s. I , ch. 77-174; s. I , ch. 78-62; s. 46, ch. 79-7; s. 79, cb. 79·40; s. I, ch. 82-15; s. I , ch. 84-66; s. I, ch. 84-273.

553.35 553.36 553.37 553.38 553.381

553.39 553.40 553.41 553.42

PART IV

FACTORY-BUILT HOUSING

Short title. Definitions. Rules; inspections; and insignia. Application and scope. Manufacturer certification; product liabili-

ty insurance as prerequisite. Injunctive relief. Annual report. Penalties. Legislative intent.

553.35 Short title.-[The repeal of this section by s. 2, ch. 81-318, was nullified by s. 3, ch. 84-32. Repealed effective October 1, 1994, by s. 4, ch. 84-32, and scheduled for review pursuant to s. 11.61 in advance of that date.]

553.36 Definitions.-[The repeal of this section by s. 2, ch. 81-318, was nullified by s. 3, ch. 84-32. Repealed effective October 1, 1994, by s. 4, ch. 84-32, and scheduled for review pursuant to s. 11.61 in advance of that date.]

'553.37 Rules; inspections; and insignia.-(1) The department is authorized to promulgate

rules, enter into contracts, and do such things as may be necessary and incidental to the administration of its authority pursuant to this part.

(2) After the effective date of the rules adopted pursuant to this part, no manufactured building, except as provided in subsection (9), may be installed in this state unless it is approved and bears the insignia of approval of the department. Approvals issued by the department under the provisions of the prior part shall be deemed to comply with the requirements of this part.

(3) All manufactured buildings issued and bearing insignia of approval pursuant to subsection (2) shall be deemed to comply with the requirements of all ordinances or rules enacted by any local government which governs construction.

(4) No manufactured building bearing department insignia of approval pursuant to subsection (2) shall be in any way modified prior to installation, except in conformance with the rules of the department.

(5) Manufactured buildings which have been issued and bear the insignia of approval pursuant to this part upon manufacture or first sale shall not require an additional approval or insignia by a local government in which they are subsequently sold or installed.

(6) If the department determines that the standards for construction and inspection of manufactured buildings prescribed by statute or rule of another state are at least equal to rules prescribed under this part and that such standards are actually enforced by such other state, it may provide by rule that the manufactured building which has been inspected and approved by such other state shall be deemed to have been approved by the department and shall authorize the affixing of the appropriate insignia of approval.

(7) The department, by rule, shall establish a schedule of fees to pay the cost incurred by the department for the work related to administration and enforcement of this part.

(8) The department may delegate its enforcement authority to a state department having building construction responsibilities or a local government. The department itself shall not inspect manufactured buildings but shall delegate its inspection authority to a state department having building construction responsibilities, a local government, an approved inspection agency, or an agency of another state.

(9) Custom or one-of-a-kind prototype manufactured buildings shall not be required to have state approval but must comply with all local requirements of the governmental agency having jurisdiction at the installation site.

Hi.tory.-s. 3, ch. 71-172; s. I , ch. 74-208; s. 3, ch. 76-168; s. I, ch. 77-457; 88. 1, 6, ch. 79-152; 88. 1,4, ch. BO-86; 88. 2, 3, ch. 81-318; 88. 1,3, 4, ch. 84-32.

'N ote.-Expires October I, 1994, pursuant to s. 4, ch. 84-32, and is scheduled for review pursuant to s. 11.61 in advance of that date.

553.38 Application and scope.-[The repeal of this section by s. 2, ch. 81-318, was nullified by s. 3, ch. 84-32. Repealed effective October 1, 1994, by s. 4, ch. 84-32, and scheduled for review pursuant to s. 11.61 in advance of that date.]

986


'553.381 Manufacturer certification; product liability insurance as prerequisite.-As a prerequisite to obtaining approval to produce manufactured buildings for sale in the state, the manufacturer must submit evidence that he has product liability insurance for the safety and welfare of the public in amounts determined by rule of the department.

Hi8tory.-BS. 2, 4, ch. 84-32. 'Note.-Expires October 1, 1994, pursuant to s. 4, ch. 84-32, and is scheduled


553.39 Injunctive relief.-[The repeal of this section by s. 2, ch, 81-318, was nullified by s. 3, ch. 84-32. Repealed effective October 1, 1994, by s. 4, ch. 84-32, and scheduled for review pursuant to s. 11.61 in advance of that date.]

553.40 Annual report.-[Repealed by s. 3, ch. 84-32, and by s. 35, ch. 84-254.]

553.41 Penalties.-[The repeal of this section by s. 2, ch. 81-318, was nullified by s. 3, ch. 84-32. Repealed effective October 1, 1994, by s. 4, ch. 84-32, and scheduled for review pursuant to s. 11.61 in advance of that date.]

553.42 Legislative intent.-[The repeal of this section by s. 2, ch. 81-318, was nullified by s. 3, ch. 84-32. Repealed effective October 1, 1994, by s. 4, ch. 84-32, and scheduled for review pursuant to s. 11.61 in advance of that date.]

553.48

PART V

ACCESSIBILITY BY HANDICAPPED PERSONS

Accessibility features required of new buildings; exceptions.

curb-cuts or ramps, or both, to at least one entrance generally used by the public and from such entrance to elevators, where provided.

(g) Accessibility shall be provided in such buildings at each floor and at ground floor level, except as provided in subsection (3).

(h) Required restrooms shall be made accessible, except as provided in this subsection, and each shall be provided with at least one accessible toilet stall complying with the standard set forth in paragraph (1). Access to such restrooms shall be marked by readily visible signs or symbols in all cases where the accessible restrooms are not immediately visible from all public areas on each floor.

(i) Restroom "estibules providing screens or a series of doors shall have an unobstructed width of not less than 4 feet and an unobstructed length of not less than 5 feet.

(j) Restrooms made accessible to the handicapped shall provide an unobstructed passage 44 inches wide for wheelchairs to approach accessible toilet facilities and a space not less than 5 feet in diameter for 180-degree turns.

(k) Changes in level in excess of 1/2 inch at doorways requiring accessibility shall be ramped.

(1) The mandatory portions of the standard "Making Buildings and Facilities Accessible to and Usable by the Physically Handicapped," of the American National Standards Institute, ANSI A117.1, except as modified by this part and except as otherwise provided in s. 399.035 relating to the accessibility of elevators to the physically handicapped, are hereby adopted.

(3) The following exceptions shall apply to the accessibility features required of new buildings under this section. However, nothing in this subsection shall be construed to prohibit incorporation of the features required in subsection (2) in any building exempted in this subsection.

(a) In building maintenance and storage areas 553.48 Accessibility features required of where only employees have occasion to enter and

new buildings; exceptions.- within which the work cannot reasonably be per-(1) For the purposes of this part, a "new building" formed by the handicapped, the provisions of this

shall be considered to be one which is not under con- part need not apply unless such areas provide the struction contract on October 1, 1974. only path between areas normally used by the handi-

(2) All new buildings as defined in this part, ex- capped. cept those exempted pursuant to subsection (3), (b) Buildings having accessibility at habitable which the general public may frequent, live in, or grade levels where no elevator is provided shall not work in shall be made accessible as required in this be required to comply with the provisions of this part section: at floors above such levels if facilities normally

(a) Where accessibility is required, paths shall be sought and used by the public in such buildings are provided for the physically disabled or handicapped accessible to and usable by the physically hand iand shall be unobstructed and devoid of curbs, stairs, capped at such habitable grade levels. or other abrupt changes in elevation. (c) Residential occupancies: Two-story and

(b) Ramps, where provided along such paths, three-story buildings with less than 49 units, having shall slope not more than 1 inch vertically in 12 inch- accessibility at habitable grade levels, shall not be rees horizontally. quired to comply with the provisions of this part at

(c) Corridors, including such paths, shall be not floors above such levels except where an elevator is less than 44 inches between walls, when part of a re- provided. Twenty-five percent of the total number of quired means of egress. living units shall comply with the provisions of this

(d) Single leaf walk-through swinging doors and part; provided that accessory facilities such as pools, one leaf of manually operated multiple-leaf swinging patios, sauna rooms, recreational buildings, laundry doors shall be not less than 32 inches in width. rooms, and similar areas shall comply with the provi

(e) All other walk-through openings shall provide sions of subsection (2). not less than 29 inches in clear width. (d) Within living units, hallways having no walk-

(f) Accessibility to such buildings shall be provid- through openings in the sidewalls may be less than 44 ed from rights-of-way and parking areas by means of inches wide, but shall not be less than 36 inches wide.

987


(e) Within living units, toilet rooms providing 29-inch clear passage need not comply with the provisions of this section.

(f) Single-family dwellings, condominiums, townhouses, and duplexes shall be exempted from this part.

(g) Handrails shall not be required on ramps 7 feet or less that are integral with walkways, platforms, courtyards, or other paved areas, where the sides of such ramps are protected by curbs or flared sides.

History.-s. 4, ch. 74-292; s. 2, ch. 75-85; ... 2, 4, ch. 78-235; s. 3, ch. 78-333; s. 13, ch. 83-145; s. 9, ch. 84-273.

553.71 553.73 553.77 553.79 553.795

PART VI

STATE MINIMUM BUILDING CODES

Definitions. State Minimum Building Codes. Specific powers of the board. Application. Voluntary certification of building code ad

ministrators and inspectors.

553.71 Definitions.-As used in this part, the term:

1(1) "Board" means the Board of Building Codes and Starldards created by this part.

(2) "Department" means the Department of Community Affairs.

(3) "Enforcement agency" means the agency of government with authority to make inspections of buildings and to enforce the codes which establish standards for construction, alteration, repair, or demolition of buildings.

(4) "Housing code" means any code or rule intending postconstruction regulation of structures which would include, but not be limited to: starldards of maintenance, condition of facilities, condition of systems and components, living conditions, occupancy, use, and room sizes.

(5) "Local enforcement agency" means the agency of local government with authority to make inspections of buildings and to enforce the codes which establish standards for construction, alteration, repair, or demolition of buildings.

(6) "Secretary" means the Secretary of Community Affairs.

(7) "Threshold building" means any building which is greater than three stories or 50 feet in height, or which has an assembly occupancy classification that exceeds 5,000 square feet in area and an occupant content of greater than 500 persons.

History.-s. 2, ch. 74-167; s. 1, ch. 75-111; s. 1, ch_ 77-365; s. 4, ch. 78-323; ... 3, 4, ch. 81-7; • . 77, ch. 81-167; ... 1,4, ch. 82-46; •. SO, ch. 83-55; •• 8, ch. 83-1SO; s. 2, ch. 83-265; s. 1, ch. 84-24; s. 1, ch. 84-365.

'Note.-Repealed effective October 1, 1991, by s. 1, ch. 82-46, 88 ameoded by •. 2, ch. 83-265, and scheduled for review pursuant to •. 11.611 in advance oftbat date. cf.-s. 553.77 Specific powers of the board_

to plumbing, electrical requirements, glass, manufactured buildings, accessibility by handicapped persons, and thermal efficiency, and shall be in addition to the requirements set forth in chapter 527, which pertains to liquefied petroleum gas.

(b) In the event that a special act of the Legislature, passed prior or subsequent to January 1, 1978, places responsibility for building construction regulation in a specified local board or agency, the words "local government" and "local governing body" as used in this part shall be construed to refer exclusively to such local board or agency.

(2) There is created the State Minimum Building Codes which shall consist of the following nationally recognized model codes:

(a) Standard Building Codes, 1982 edition, with 1984 accumulated amendments, pertaining to building, plumbing, mechanical, and gas, and excluding fire prevention;

(b) National Building Code, 1976 edition; (c) EPCOT Code, 1982 edition; (d) One and Two Family Dwelling Code, 1983

edition, with 1984 accumulated amendments; and (e) The South Florida Building Code, 1983 edi

tion, with 1984 accumulated amendments.

Each local government and state agency with building construction regulation responsibilities shall adopt one of the State Minimum Building Codes as its building code. If the One and Two Family Dwelling Code is adopted for residential construction, then one of the other recognized model codes must be adopted for the regulation of other residential and nonresidential structures.

(3) After January 1, 1978, local governments and state agencies with building construction regulation responsibilities may provide for more stringent requirements than those specified in the State Minimum Building Codes, provided:

(a) There is a determination by the local governing body of a need to strengthen the requirements of the State Minimum Building Codes adopted by such governing body, based upon demonstrations by the local governing body that local conditions justify more stringent requirements than those specified therein, for the protection of life and property; and

(b) Such additional requirements are not discriminatory against materials, products, or construction techniques of demonstrated capabilities.

(4) All code requirements in effect in any code enforcement jurisdiction on January 1, 1978, which are not inferior to the requirements of any model code specified in subsection (2) are presumed to meet the conditions of subsection (3).

(5) It shall be the responsibility of each municipality and county in the state and of each state agency with statutory authority to regulate building construction to enforce the specific model code of the State Minimum Building Codes adopted by that municipality, county, or agency, in accordance with the provisions of s. 553.80.

553.73 State Minimum Building Codes.- (6) The specific model code of the State Mini(l)(a) By October 1, 1984, local governments and mum Building Codes adopted by a municipality,

state agencies with building construction regulation county, or state agency shall regulate every type of responsibilities shall adopt a building code which building or structure, wherever it might be situated shall cover all types of construction. Such code shall in the code enforcement jurisdiction; however, such include the provisions of parts I through VII, relating regulations shall not apply to nonresidential farm

988


buildings on farms; to temporary buildings or sheds used exclusively for construction purposes; to mobile homes used as temporary offices, except that the provisions of part V relating to accessibility by handicapped persons shall apply to such mobile homes used as temporary offices; or to any construction exempted under s. 553.80(3) by an enforcement district or local enforcement agency. The codes may be divided into a number of segments, as determined by the municipality, county, or state agency. These segments may be identified as building, mechanical, electrical, plumbing, or fire prevention codes or by other titles as are deemed proper. However, the State Minimum Building Codes shall not contain a housing code; nor shall the state interpose in the area of local housing codes, except upon request originating from an enforcement district or local enforcement agency.

(7) The board may periodically amend the State Minimum Building Codes by rule, in accordance with the requirements of chapter 120, consistent with the r~commendations of the code promulgating organizations.

History.-8. 4, ch. 74·167; 8. 3, ch. 75·85; 8. 1, ch. 77-385; 8. 225, ch. 79-400; 8. 1, ch. 8O-H16; 8. 6, ch. 82-197; 8. 2, ch. 84-273.

1553.77 Specific powers of the board.(1) The board shall: (a) Adopt rules and regulations or amendments

thereto in accordance with the procedures prescribed in chapter 120.

(b) Make a continual study of the operation of the State Minimum Building Codes and other laws relating to the construction of buildings, including manufactured buildings, to ascertain their effect upon the cost of building construction and determine the effectiveness of their provisions.

(c) Upon written application by a private party or a local enforcement agency, issue advisory opinions relating to new technologies, techniques, and materials which have been tested where necessary and found to meet the objectives of the State Minimum Building Codes and the Florida Manufactured Building Act of 1979.

(d) Upon written application by a private party or a local enforcement agency, issue advisory opinions relating to the interpretation, enforcement administration, or modification by local governmen'ts of the State Minimum Building Codes and the Florida Manufactured Building Act of 1979.

(2) Upon written application by a private party or a local enforcement agency, the board may also:

(a) Provide for the testing of materials, devices, and method of construction.

(b) Appoint experts, consultants, technical advisers, and advisory committees for assistance and recommendations relating to the State Minimum Building Codes.

(3) The board shall conduct a program to certify building code administration personnel and building inspection personnel in this state.

(4) Upon written applications by private parties or the enforcement agency, the board may issue binding opinions relating to the interpretation of ss. 553.71(7) and 553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a) and (c). Such opinions shall be rendered in the same manner provided in s. 120.565, relating to declaratory statements.

Hlstory.- 8. 8, ch. 74-167; 8. 4, ch. 75-85; 8. 4, ch. 75-111; 8. 3, ch. 77-365; 8. 4, ch. 78-323; 88. 5, 8, ch. 79-152; 88. 3, 4, ch. 81-7; 88.1,4, ch. 82-46; 8. 9, ch. 83-160; 8. 2, ch. 83-265; 8. 2, ch. 84-365.

'Note.-RepeaIed effective October 1, 1991, by 8. 1, ch. 82-46, 88 amended by 8.2, ch. 83-265, and scheduled for review pursuant to 8. 11.611 in advance of that date.

553.79 Application.-(1) After the effective date of the State Minimum

Building Codes adopted as herein provided, it shall be unlawful for any person, firm, or corporation to construct, erect, alter, repair, or demolish any building within this state without first obtaining a permit therefor from the appropriate enforcing agency or from such persons as may, by appropriate resolution or regulation of the enforcing agency, be delegated authority to issue such permits, upon the payment of such reasonable fees adopted by the enforcing agency. The enforcing agency is empowered to revoke any such permit upon a determination by the agency that the construction, erection, alteration, repair, or demolition of the building for which the permit was issued is in violation of, or not in conformity with, the provisions of the State Minimum Building Codes.

(2) After the effective date of the State Minimum Building Codes adopted as herein provided, no enforcing agency may issue any permit for construction, erection, alteration, repair, or demolition unless it is determined to be in compliance with the State Minimum Building Codes. The enforcing agency shall issue a permit to construct, erect, alter, repair, or demolish any building when the plans and specifications for such proposal comply with the provisions of the State Minimum Building Codes.

(3) The State Minimum Building Codes, after the effective date of their adoption pursuant to the provisions of this part, shall supersede all other building construction codes or ordinances in the state, whether at the local or state level, and whether adopted by administrative regulation or by legislative enactment, unless such building construction codes or ordinances are more stringent than the State Minimum Building Codes and the conditions of s. 553.73(3) are met. However, this subsection does not apply to mobile homes as defined by chapter 320. Nothing contained in this subsection shall be construed as nullifying or divesting appropriate state or local agencies of authority to make inspections or to enforce the codes within their respective areas of jurisdiction.

(4) The State Minimum Building Codes, after the effective date of their adoption pursuant to the provisions of this part, may be modified by local governments to require more stringent standards than those specified in the State Minimum Building Codes, provided the conditions of s. 553.73(3) are met.

(5)(a) The enforcing agency shall require a special inspector to perform structural inspections on a threshold building pursuant to a structural inspection plan prepared by the engineer or architect of record. The structural inspection plan must be submitted to the enforcing agency prior to the issuance of a building permit for the construction of a threshold building. The purpose of the structural inspection plan is to provide specific inspection procedures and schedules so that the building can be adequately inspected for compliance with the permitted documents. The special inspector shall inspect the shoring

989


and reshoring for conformance with the shoring anq reshoring plans submitted to the enforcing agency.

(b) The fee owner of a threshold building shall pay all costs of employing a special inspector, but the special inspector shall be responsible to the enforcement agency. The inspector shall be a person certified, licensed, or registered under chapter 471 as an engineer or under chapter 481 as an architect.

(c) The board shall, by rule, establish a qualification program for special inspectors and shall compile a list of persons qualified to be special inspectors. The architect or engineer of record may act as the special inspector, provided he is on the list of persons qualified to be special inspectors. School boards may utilize employees as special inspectors, provided such employees are on the list of persons qualified to be special inspectors.

(d) The licensed architect or registered engineer serving as the special inspector shall be permitted to send his duly authorized representative to the job site to perform the necessary inspections provided all required written reports are prepared by and bear the seal of the special inspector and are submitted to the enforcement agency.

(6) No permit may be issued for any building construction, erection, alteration, repair, or addition unless the applicant for such permit provides to the enforcing agency which issues the permit any of the following documents which apply to the construction for which the permit is to be issued:

(a) Electrical documents for any new building or addition which requires an aggregate service capacity of 600 amperes (240 volts) or more on a residential electrical system or 800 amperes (240 volts) or more on a commercial or industrial electrical system and which costs more than $50,000.

(b) Plumbing documents for any new building or addition which requires a plumbing system with more than 250 fixture units or which costs more than $50,000.

(c) Fire sprinkler documents for any new building or addition which includes a fire sprinkler system which contains 50 or more sprinkler heads.

(d) Heating, ventilation, and air-conditioning documents for any new building or addition which requires more than a 15-ton-per-system capacity, which is designed to accommodate 100 or more persons, or for which the system costs more than $50,000. This paragraph does not include any document for the replacement or repair of an existing system in which the work does not require altering a structural part of the building or for work on a residential one-family, two-family, three-family, or fourfamily structure.

(e) Any specialized mechanical, electrical, or plumbing document for any new building or addition which includes a medical gas, oxygen, steam, vacuum, toxic air filtration, halon, or fire detection and alarm system which costs more than $5,000.

No such document shall be valid unless a professional engineer who possesses a valid certificate of registration has signed, dated, and stamped such document as provided in s. 471.025.

(7) Each enforcement agency shall require that, on every threshold building:

(a) The special inspector, upon completion of the

building and prior to the issuance of a certificate of occupancy, file a signed and sealed statement with the enforcement agency in substantially the following form: To the best of my knowledge and belief, the above-described construction of all structural loadbearing components complies with the permitted documents, and the shoring and reshoring conforms with the shoring and reshoring plans submitted to the enforcement agency.

(b) Any proposal to install an alternate structural product or system to which building codes apply be submitted to the enforcement agency for review for compliance with the codes and made part of the enforcement agency's recorded set of permit documents.

(c) All shoring and reshoring procedures, plans, and details be submitted to the enforcement agency for recordkeeping. Each shoring and reshoring installation shall be supervised, inspected, and certified to be in compliance with the shoring documents by the contractor. .

(d) All plans for the building which are required to be signed and sealed by the architect or engineer of record contain a statement that, to the best of the architect's or engineer's knowledge, the plans and specifications comply with the applicable minimum building codes.

(8) No enforcing agency may issue a building permit for construction of any threshold building except to a licensed general contractor, as defined in s. 489.105(3)(a), or to a licensed building contractor, as defined in s. 489.105(3)(b), within the scope of his license. The named contractor to whom the building permit is issued shall have the responsibility for supervision, direction, management, and control of the construction activities on the project for which the building permit was issued.

HI.tory.-8. 10, ch. 74·167; 8. 4, ch. 77·365; 8.10, ch. 83·160; 8. I, ch. 83·362; 8. 2, ch. 84·24; 8. 3, ch. 84·365. cf.-8. 553.77 Specific powers of the hoard.

553.795 Voluntary certification of building code administrators and inspectors.-

(1) Not later than July 1, 1985, the board shall establish a voluntary program to certify persons to administer any building code or to inspect any building on behalf of a state or local government. The board shall certify any person who meets the requirements of this section and of any rule adopted under this section.

(2) The board shall adopt rules providing specific criteria for certification. Such criteria shall include provisions for building, plumbing, electrical, mechanical, and gas certifications and any other specialty certification the board deems appropriate.

(3) The board may contract with an independent testing agency to develop and administer an examination to determine the competency of individuals seeking certification. Examinations shall be held at such times and places within the state as the board determines necessary. There shall be an examination for each of the categories of certificates, which examination shall pertain to the type of work covered by the certificate. The examination shall cover knowledge of basic principles of the codes and inspection practices applicable to the category for which a certificate is requested. The examination shall be an

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open-book examination; may consist of multiplechoice, fill-in, true-false, or short-answer questions; and may include or consist of diagrams, plans, or sketches with respect to which the applicant will be required to demonstrate his knowledge and proficiency.

(4)(a) The board may fix and collect the following fees:

1. An examination fee which may not exceed $150.

2. A reexamination fee which may not exceed $150.

3. An initial biennial certification fee which may not exceed $100.

4. A biennial certification renewal fee which may not exceed $25.

(b) All fees collected under the provisions of this section shall be deposited into the Building Inspector Certification Trust Fund, which is hereby created to be used to administer the certification program.

(5) A certificate issued under the provisions of this section shall expire 2 years from the date of its issuance.

(6) The board may suspend or revoke the certificate of a person who violates any provision of any rule adopted by the board pursuant to this section.

(7) No provision of this section shall limit the power of a county, municipality, city, special district, or state agency to regulate the quality and character of work performed by inspection personnel or to require additional standards of competency and proficiency for such personnel; nor shall any provision of this section be construed to require any municipality to participate in the certification program conducted by the board or construed to waive additional requirements imposed by a local government or state agency having jurisdiction in such matters.

History.-8. 2, ch. 84-365.

PART VII

THERMAL EFFICIENCY STANDARDS

553.901 553.904

553.905

553.906

553.909

553.912

Purpose of thermal efficiency code. Thermal efficiency standards for new non

residential buildings. Thermal efficiency standards for new resi

dential buildings. Thermal efficiency standards for renovated

buildings. Setting requirements for appliances; ex

ceptions. Air conditioners.

553.901 Purpose of thermal efficiency code. -The purpose of this thermal efficiency code is to provide for a statewide uniform standard for energy efficiency in the thermal design and operation of all buildings statewide, consistent with energy conservation goals, and to best provide for public safety, health, and general welfare. The Department of Community Affairs shall adopt, modify, revise, update, and maintain the Florida Energy Efficiency Code for Building Construction to implement the provisions of this thermal efficiency code and amendments thereto, in accordance with the procedures of chapter 120. The department shall, at least biennial-

ly, determine the most cost-effective energy-saving equipment and techniques available and update the code to incorporate such equipment and techniques. The changes shall be made available for public review and comment no later than June 1 of the year prior to code implementation. The term "costeffective," for the purposes of this part, shall be construed to mean cost-effective to the consumer.

Hlstory.-8. I, ch. 77-128; 8. 2, ch. 80-193; 8. 78, ch. 81-167; 8. I, ch. 81-226; 8. I, ch. 82-197; 8. 81, ch. 83-55; 8. 3, ch. 84-273.

553.904 Thermal efficiency standards for new nonresidential buildings.-Thermal designs and operations for new nonresidential buildings for which building permits are obtained after March 15, 1979, shall take into account exterior envelope physical characteristics, including thermal mass; HV AC system selection and configuration; HV AC equipment performance; and service water heating design and equipment performance and shall not be required to meet standards more stringent than the provisions of the Florida Energy Efficiency Code for Building Construction.

History.-8. I, ch. 77-128; 8. I, ch. 78-625; 8. I , ch. 79-267; 8. 2, ch. 80-193; 8. 4, ch. 84-273.

553.905 Thermal efficiency standards for new residential buildings.-Thermal designs and operations for new residential buildings for which building permits are obtained after March 15, 1979, shall take into account exterior envelope physical characteristics, HV AC system selection and configuration, HV AC equipment performance, and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Energy Efficiency Code for Building Construction. All new residential buildings, except those herein exempted, shall have insulation in ceilings rated at R-19 or more, space permitting. Thermal efficiency standards do not apply to a building of less than 1,000 square feet which is not primarily used as a principal residence and which is constructed and owned by a natural person for hunting or similar recreational purposes; however, no such person may build more than one exempt building in any 12-month period.

History.-8. I, ch. 77-128; 8. I, ch. 78-625; 8. 2, ch. 79-267; 8.2, ch. 80-193; 8. 3, ch. 81-226; 8. 5, ch. 84-273.

553.906 Thermal efficiency standards for renovated buildings.-Thermal designs and operations for renovated buildings for which building permits are obtained after March 15, 1979, shall take into account insulation, windows, HV AC systems and performance, and service water heating design and equipment selection and shall not be required to meet standards more stringent than the provisions of the Florida Energy Efficiency Code for Building Construction. These standards apply only to those portions of the structure which are actually renovated.

History.-8. I, ch. 77-128; 8. I , ch. 78-625; 8. 3, ch. 79-267; 8. 2, ch. 80-193; 8. 6, ch. 84-273.

553.909 Setting requirements for appliances; exceptions.-

(1) Water heaters sold after October 1, 1980, for residential use shall be installed with a heat trap and shall have the thermostat set at 110° F. or whatever

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minimum the unit is capable of if it exceeds 110° F. Electric water heaters may not have a standby loss which exceeds 4 watts per square foot of tank surface per hour. Water heaters fueled by natural gas or liquefied petroleum gas in any form which are sold or installed after March 1, 1981, shall have a recovery efficiency of 75 percent or more and shall have a standby loss in percent per hour not exceeding the number determined by dividing 67 by the volume of the tank in gallons and adding the result to 2.8.

(2) Dishwashers sold after March 1, 1981, shall be equipped so that the normal operating cycle does not include automatic switching on of the heating element for the drying portion of the operating cycle. Dishwashers the controls of which permit the user to elect to have the heating element on during the drying portion of the operating cycle meet this requirement.

(3) If the provisions of this section are preempted in part by federal standards, those provisions not preempted shall apply.

History.-s. 7, ch. 80-163; s. 7, ch. 84-273.

553.912 Air conditioners.-All air conditioners which are sold or installed in the state shall meet the minimum efficiency ratings of the Florida Model Energy Efficiency Code for Building Construction. These efficiency ratings shall be minimums and may be updated in the Florida Energy Efficiency Code for Building Construction by the department in .accordance with s. 553.901, following its determination that more cost-effective energy-saving equipment and techniques are available_

History.-s. 4, cb. 81-226; s. 8, cb. 84-273.

CHAPTER 559

REGULATION OF TRADE, COMMERCE AND INVESTMENTS, GENERALLY

PART VI

SALE OR LEASE OF BUSINESS OPPORTUNITIES

559_805 Filings with the division; disclosure of advertisement identification number.

559.805 Filings with the division; disclosure of advertisement identification number.-

(1) Every seller of a business opportunity shall file with the division a copy of the disclosure statement required by s_ 559_803 prior to placing an advert isement or making any other representation designed to offer to, sell to, or solicit an offer to buy a business opportunity from a prospective purchaser in this state and shall update this filing as any material change in the required information occurs, but not less frequently than annually. An advertisement is not placed in the state merely because the publisher circulates, or there is circulated on his behalf in the state, any bona fide newspaper or other publication of general, regular, and paid circulation which has had more than two-thirds of its circulation during the

past 12 months outside the state or because a radio or television program originating outside the state is received in the state_ If the seller is required by s. 559.807 to provide a bond or establish a trust account or guaranteed letter of credit, he shall contemporaneously file with the division a copy of the bond, a copy of the formal notification by the depository that the trust account is established, or a copy of the guaranteed letter of credit.

(2) Upon the filing of the disclosure statement and the posting of a bond or the establishment of a trust account or a guaranteed letter of credit, if any is required, the division shall issue to the business opportunity seller an advertisement identification number.

(3) The seller shall disclose, to each person with whom he places advertising, the advertisement identification number, which may be recorded by the person receiving the advertising so that the advertising media may verify the authenticity of the registration.

(4) The division shall collect, from a seller required to comply with this section, a fee of $30 for the initial filing and a fee of $15 for every update filing required by subsection (1). Such fees shall be deposited in the General Inspection Trust Fund of the Department of Agriculture and Consumer Services_

m.tory.-s_ I, cb. 79-374; s. I , ch. 84-127.

CHAPTER 560

SALE OF MONEY ORDERS

560.03 License required to engage in business of selling or issuing money orders.

1560.03 License required to engage in business of selling or issuing money orders.-

(1) No person shall engage in the business of selling or issuing money orders as a service or for a fee or other consideration without having first obtained a license hereunder. Any person engaged in such business on July 1, 1965, and who files a license application hereunder with the department within 30 days from July 1, 1965, may continue to engage in such business without a license until the department has acted upon his application for a license. The provisions of this subsection apply to any nonresident who engages in this state in the business of selling or issuing money orders through a branch, subsidiary, affiliate, or agent in this state.

(2) Nothing in this act applies to financial institutions or to incorporated telegraph companies insofar as such incorporated telegraph companies receive money at any of their respective offices or agencies for immediate transmission by telegraph.

Hlatory.-s. 3, cb. 65-174; 88_ 12, 35, ch. 69-106; 8. 3, ch. 76-168; s_ I, cb_ 77-457; 8. 2, cb_ 80-22; s_ 2, ch. 81-318; s. 3, cb. 84-216.

'Note_-Repealed effective October I , 1991, by 8_ 2, ch. 81-318, and scheduled for review pursuant to 8. 11.61 in advance of that date_

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CHAPTER 561

BEVERAGE LAW: ADMINISTRATION

561.15 561.181 561.19 561.20 561.221

561.321 561.331

561.42

561.422

561.65

Licenses; qualifications required. Temporary initial licenses. License issuance upon approval of division. Limitation upon number of licenses issued. Licensing manufacturers and distributors

as vendors prohibited; exceptions. Temporary transfer license. Temporary license upon application for

transfer or change of location. Tied house evil; financial aid and assist

ance to vendor by manufacturer or distributor prohibited; procedure for enforcement; exception.

Nonprofit civic organizations; temporary permits.

Mortgagee's interest in license.

561.15 Licenses; qualifications required.(1) Licenses shall be issued only to persons of

good moral character who are not less than 19 years of age. Licenses to corporations shall be issued only to corporations whose officers are of good moral character and not less than 19 years of age. There shall be no exemptions from the license taxes herein provided to any person, association of persons, or corporation, any law to the contrary notwithstanding.

(2) No license under the Beverage Law shall be issued to any person who has been convicted within the last past 5 years of any offense against the beverage laws of this state, the United States, or any other state; who has been convicted within the last past 5 years in this state or any other state or the United States of soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in narcotics; or who has been convicted in the last past 15 years of any felony in this state or any other state or the United States; or to a corporation, any of the officers of which shall have been so convicted. The term "conviction" shall include an adjudication of guilt on a plea of guilty or nolo contendere or the forfeiture of a bond when charged with a crime.

(3) The division may suspend or revoke the license under the Beverage Law of, or may refuse to issue a license under the Beverage Law to:

(a) Any person, firm, or corporation the license of which under the Beverage Law has been revoked or has been abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license;

(b) Any corporation if an officer, director, or person interested directly or indirectly in the corporation has had his license under the Beverage Law revoked or has abandoned his license after written notice that revocation or suspension proceedings had been or would be brought against his license; or

(c) Any person who is or has been an officer of a corporation, or who was interested directly or indirectly in a corporation, the license of which has been revoked or abandoned after written notice that revocation or suspension proceedings had been or would be brought against the license.

Any license issued to a person, firm, or corporation that would not qualify for the issuance of a new license or the transfer of an existing license may be revoked by the division. However, any company regularly traded on a national securities exchange and not over the counter; any insurer, as defined in the Florida Insurance Code; or any bank or savings and loan association chartered by this state, another state, or the United States which has an interest, directly or indirectly, in an alcoholic beverage license shall not be required to obtain division approval of its officers, directors, or stockholders or any change of such positions or interests. Any such company, insurer, bank, or savings and loan association which has a direct or indirect interest or which has an ownership interest in the business sought to be licensed, but which does not operate that business, may elect to place the license solely in the name of the operator. The operator's license application shall list the direct, indirect, or ownership interest and the 'names of the officers, directors, stockholders, or partners of such company, insurer, bank, or association. A shopping center with five or more stores, one or more of which has an alcoholic beverage license and is required under a lease common to all shopping center tenants to pay no more than 10 percent of the gross proceeds of the business holding the license to the shopping center, shall not be considered as having an interest, directly or indirectly, in the license.

(4) If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because the corporation has been convicted of a felony and the felony conviction is unrelated to any offense against the beverage laws of this state, any other state, or the United States, such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of an alcoholic beverage license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division, in a public hearing under s. 120.57, that the corporation has terminated its relationship with any director, officer, employee, or controlling shareholder whose actions directly contributed to the conviction of the corporation. If a corporation is unable to qualify for or continue to hold an alcoholic beverage license because an officer of the corporation has been convicted of an offense enumerated in subsection (2), such conviction will not constitute an absolute bar to the issuance, renewal, or transfer of a license to the corporation, or to the continued holding of an alcoholic beverage license by the corporation, if the corporation can demonstrate to the satisfaction of the division that the corporation has terminated its relationship with the officer so convicted. If any corporation has received a full pardon or restoration of civil rights pursuant to state law with respect to any conviction of a violation of law, the conviction does not constitute an absolute bar to the issuance, renewal, or transfer of a license or grounds for revocation or suspension of a license. The division shall annually report to the offices of the President of the Senate and the Speaker of the House of Representatives all agency actions taken pursuant to the provisions of this subsection.

Hi.tory.-8. 3, ch. 16774, 1935; CGL 1936 Supp. 4151(229); •. 12, ch. 57-420; s. 1, ch. 61·219; 88. 16, 35, ch. 69-106; s. 1, ch. 72-230; s. 48, ch. 77-121; s. 3, ch. 77-471; s. 1, ch. 80-74; s. 1, ch. 81-166; 8. 1, ch. 84-262.

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'Note.-The word8 "name8 of the" were inserted by the editors. cf.-8. 112.011 Felons; removal of di8qualifications for employment, exceptions.

8. 561.29 Revocation and 8uspen8ion of license; power to 8ubpoena. s. 624.03 "Insurer" dermed.

561.181 Temporary initiallicenses.-(l)(a) When any person has filed a properly com

pleted application which does not on its face disclose any reason for denying an alcoholic beverage license, the division shall issue to such person a temporary initial license of the same type and series for which the application has been submitted, to be valid for all purposes under the Beverage Law, except as provided in paragraph (b) .

(b) A license issued under this section entitles a vendor to purchase alcoholic beverages for cash only. This paragraph does not apply:

1. If the entity holding the temporary initial license is also the holder of a beverage license authorizing the purchase of the same type of alcoholic beverages as is authorized under the temporary license.

2. To purchases made as part of a singletransaction cooperative purchase placed by a pool buying agent.

(2) The temporary initial license shall be good for a period of up to 90 days as specified by the division, which period may be extended in the discretion of the division for up to an additional 90 days upon a finding by the division that such extended period is necessary to complete the license investigation process. The division shall have until the end of any such 90-day period authorized by this section to grant or deny the license being applied for, anything to the contrary in s. 120.60 notwithstanding.

(3) A temporary initial license shall expire and shall not be continued or extended beyond the date the division denies the application for license, beyond 14 days after the date the division approves the application for license, beyond the date the applicant pays the license fee for and the division issues the license applied for, or beyond the date the temporary initial license otherwise expires by law, whichever date occurs first.

(4) Each applicant seeking a temporary initial license shall pay to the division for such license a fee equal to one-fourth of the annual license fee for the type and series of license being applied for or $100, whichever is greater, which fee shall be deposited into the General Revenue Fund.

Bistory.-s. 2, ch. 84·262.

561.19 License issuance upon approval of division.-

(1) Upon the completion of the investigation of an application, the division shall approve or disapprove the application. If approved, the license shall be issued upon payment to the division of the license tax hereinafter provided.

(2) When beverage licenses become available by reason of an increase in the population of a county or by reason of a county permitting the sale of intoxicating beverages when such sale had been prohibited, the division, if there are more applicants than the number of available licenses, shall provide a method of double random selection by public drawing to determine which applicants shall be considered for issuance of licenses. The double random selection drawing method shall allow each applicant whose applica-

tion is complete and does not disclose on its face any matter rendering the applicant ineligible an equal opportunity of obtaining an available license. Mter all applications are filed with the director, the director shall then determine by random selection drawing the order in which each applicant's name shall be matched with a number selected by random drawing; and that number shall determine the order in which the applicant will be considered for a license. Subject to this selection process, if an applicant is found qualified as provided by the Beverage Law, a license shall be granted. However, it shall not be issued until and unless the applicant establishes to the satisfaction of the director that the premises to be licensed qualify under the Beverage Law. The director shall not include more than one application from anyone person, firm, or corporation in the random selection process, nor may he consider more than one application for anyone person, firm, or corporation when there are fewer applications than available licenses. Each applicant for inclusion in the drawing shall pay to the division a filing fee, which shall be established by rule and shall not exceed $25.

(3) In the event that the number of applications does not exceed the number of licenses available, the drawing provided in subsection (2) shall not be held, but the licenses shall be issued in accordance with the provisions of subsection (2).

(4) The granting of licenses pursuant to subsection (2) or subsection (3) shall not be governed by the provisions of s. 120.60. The granting of any such license shall occur no later than 180 days after a drawing is held pursuant to notice published in the Florida Administrative Weekly or, in the event no drawing is held, within 180 days of the final date for filing applications. Any applicant who is not included in the pool for drawing to determine priority shall file, within 30 days of the date of mailing of notice to such applicant, a challenge to such action pursuant to s. 120.57, or the right to file any action as to such matter shall be forever lost. Any applicant whose name is included in the pool for drawing to determine priority but who is not granted a license shall be entitled to request a hearing on the denial pursuant to s. 120.57 only on the grounds that the selection process was not conducted in accordance with law or that the licensee selected does not possess the qualifications required by law.

(5) A fee of $5,000 shall be collected from each person, firm, or corporation that is issued a new liquor license subject to the limitation imposed in s. 561.20(1) as provided in this section. This initial license fee shall not be imposed on any license renewal and shall be in addition to the license fees imposed by s. 565.02. The revenues collected from the initial license fee imposed by this subsection shall be deposited in the l"Hughes Act" fund.

(6) The state license tax shall be collected by the division, and the division shall return the county and municipal share pursuant to s. 561.342 to the appropriate county and municipality monthly on or before the 10th day of the month succeeding the beginning of the taxable year and quarterly thereafter.

Bistory.-8. 2, ch. 16774, 1935; CGL 1936 Supp. 4151(228); s. 6, ch. 25359, 1949; 8. 16, ch. 57·420; 88.16,35, ch. 69·106; s. I, ch. 72·230; 8. 9, ch. 78·95; 8. 28, ch. 79-4; s. 3, ch. 81-158; s. 3, ch. 84-262.

'Note.-The reference to the "Hughe8 Act" may be to the Comprehensive AI-

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cohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970. See 42 U.S.C .... 4541 et seq.

561.20 Limitation upon number of licenses issued.-

(1) No license under s. 565.02(I)(a)-(f), inclusive, shall be issued so that the number of such licenses within the limits of the territory of any county exceeds one such license to each 2,500 residents, or major fraction thereof, within such county, as shown by the last regular statewide census, either federal or state, and, beginning on July I, 1983, by the last regular population estimate prepared pursuant to s. 186.901, for such county. Such population estimates shall be the basis for annual license issuance regardless of any local acts to the contrary. However, such limitation shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors in such county.

(a) When licenses become available for any county, according to the last regular statewide census, either federal or state, the division is authorized to issue such licenses during the 5 successive oddnumbered years, commencing in 1981, at the rate of one-fifth of such available licenses during each issuing year, with any fraction carried over and calculated in the fifth issuing year. In any county wherein the number of such new licenses is fewer than five, the division may issue one such license in each issuing year, commencing in 1981. New licenses may be issued according to the state population estimate prepared pursuant to s. 186.901 commencing in 1983, regardless of the number of licenses issued as set forth herein.

(b) The limitations of this section shall not prohibit the issuance of at least three licenses in any county that may approve the sale of intoxicating liquors where such sale has been prohibited.

(2)(a) No such limitation of the number of licenses as herein provided shall henceforth prohibit the issuance of a special license to:

1. Any bona fide hotel, motel, or motor court of not fewer than 100 guest rooms;

2. Any condominium accommodation of which no fewer than 100 condominium units are wholly rentable to transients and which is licensed under the provisions of chapter 509, except that the license shall be issued only to the person or corporation which operates the hotel or motel operation and not to the association of condominium owners; or

3. Any restaurant having 2,500 square feet of service area and equipped to serve 150 persons fullcourse meals at tables at one time, and deriving at least 51 percent of its gross revenue from the sale of food and nonalcoholic beverages; however, no restaurant granted a special license on or after January I, 1958, pursuant to general or special law shall operate as a package store, nor shall intoxicating beverages be sold under such license after the hours of serving food have elapsed. However, any license heretofore issued to any such hotel, motel, motor court, or restaurant or hereafter issued to any such hotel, motel, or motor court, including a condominium accommodation, under the general law shall not be moved to a new location, such license being valid only on the premises of such hotel, motel, motor court, or restaurant. Licenses issued to hotels, motels, motor courts,

or restaurants under the general law and held by such hotels, motels, motor courts, or restaurants on May 24, 1947, shall be counted in the quota limitation contained in subsection (1) . Any license issued for any hotel, motel, or motor court under the provisions of this law shall be issued only to the owner of the hotel, motel, or motor court or, in the event the hotel, motel, or motor court is leased, to the lessee of the hotel, motel, or motor court; and the license shall remain in the name of the owner or lessee so long as the license is in existence. Any special license now in existence heretofore issued under the provisions of this law cannot be renewed except in the name of the owner of the hotel, motel, motor court, or restaurant or, in the event the hotel, motel, motor court, or restaurant is leased, in the name of the lessee of the hotel, motel, motor court, or restaurant in which the license is located and must remain in the name of the owner or lessee so long as the license is in existence. Any license issued under this section shall be marked "Special," and nothing herein provided shall limit, restrict, or prevent the issuance of a special license for any restaurant or motel which shall hereafter meet the requirements of the law existing immediately prior to the effective date of this act, if construction of such restaurant has commenced prior to the effective date of this act and is completed within 30 days thereafter, or if an application is on file for such speciallicense at the time this act takes effect; and any such licenses issued under this proviso may be annually renewed as now provided by law. Nothing herein prevents an application for transfer of a license to a bona fide purchaser of any hotel, motel, motor court, or restaurant by the purchaser of such facility or the transfer of such license pursuant to law.

(b) Any county in which special licenses were issued under the provisions of s. 561.20(2)(b) in effect prior to the effective date of this act shall continue to qualify for such licenses pursuant to those provisions in effect prior to the effective date of this act, and shall not be affected by the provisions of paragraph (a).

(c) In addition to any special licenses that may be issued under the provisions of paragraph (a), the division is authorized to issue special licenses to qualified applicants who own or lease bowling establishments having 12 or more lanes and all necessary equipment to operate them. Any license issued for any bowling establishment under the provisions of this paragraph shall be issued only to the owner of the bowling establishment or, in the event the bowling establishment is leased, to the lessee of the bowling establishment; and the license shall remain in the name of the owner or lessee so long as the license is in existence. Any such license issued under this paragraph shall not be moved to a new location. No license issued pursuant to this paragraph shall permit the licensee to sell alcoholic beverages by the package for off-the-premises consumption. The provisions of this paragraph do not preclude any bowling establishment from holding a beverage license issued pursuant to any other provision of this section.

(d) Any board of county commissioners may be issued a special license which shall be issued in the name of the county and be applicable only in and for facilities which are owned and operated by the county and in which the sale and consumption of alcoholic

995


beverages are not otherwise prohibited. The license may be transferred from one qualified county facility to another upon written notification to the department.

(e) The owner of a hotel, motel, or motor court may lease his restaurant operation to ' another corporation, individual, or business association that, upon meeting the requirements for a restaurant license set forth in this chapter, may operate independently of the hotel, motel, or motor court and be permitted to provide room service for alcoholic and intoxicating beverages within such hotel, motel, or motor court in which the restaurant is located.

(f) In addition to the exceptions set forth in this subsection, no such limitation of the number of licenses as herein provided shall prohibit the issuance of special airport licenses as defined in s. 561.01(12) to restaurants that are a part of, or serve, publicly owned or leased airports. The special airport license provided for herein shall allow for consumption within designated areas of the airport terminal as defined in s. 561.01(13). Any holder of such special license located at a publicly owned and operated airport may sell and serve alcoholic beverages for consumption on the premises to the general public under such license in not more than four places or locations in control of the holder of such license. Any license so issued may not be transferred to a new location, except that a vendor operating a place of business under a special license may transfer such license when the publicly owned or leased airport at which the vendor operates a place of business under a special license moves its terminal facilities on the same airport premises, or when the airport is required by law to move its entire operation to a new location. Any license so issued shall entitle the vendor operating a place of business under such license to sell to airlines vinous beverages and distilled spirits in sealed miniature containers and other alcoholic beverages for consumption on the aircraft using the facility, but only for consumption by the passengers of the aircraft when such aircraft is airborne.

(g) In addition to any special licenses issued under the Beverage Law, the division may issue a special license for consumption on the premises only to any public fair or exposition which is organized in accordance with chapter 616 or to any civic center authority which is authorized by state law or by a local government ordinance. No licensee under this special license shall enter into any exclusive contract for its use. The special license may not be used in connection with any youth agricultural activity or during any regularly scheduled public fair or exposition, and such license may be used only in connection with special events held on the premises of the fairgrounds or civic center, which premises are considered to be licensed premises under the dominion and control of the public fair or exposition or civic center authority at all times. This special license is not transferable, and the license tax shall be in accordance with those established in s. 565.02(I)(b)-(f).

(3) The limitation upon the number of such licenses to be issued as herein provided does not apply to existing licenses or to the renewal or transfer of such licenses; but upon the revocation of any existing license, no renewal thereof or new license therefor shall be issued contrary to the limitation herein pre-

scribed. However, the beverage director may reissue a license under s. 565.02(I)(b) to any qualified applicant within any municipality in which there is only one license, which formerly had an additional license which has heretofore been revoked, and which has sufficient population as shown by the last regular statewide federal census or, beginning July I, 1983, population estimate to warrant the additional license. The transfer permitted herein shall not include the change in location of any licensed premises as provided in s. 561.33 of the Beverage Law when such change of location will increase the number of licenses contrary to the limitation upon the number of such licenses as herein provided.

(4) The limitations herein prescribed shall not affect or repeal any existing or future local or special act relating to the limitation by population and exceptions or exemptions from such limitation by population of such licenses within any incorporated city or town or county that may be in conflict herewith.

(5) Provisions of subsections (2) and (4) as amended by chapter 57-773, Laws of Florida, shall take effect January I, 1958, and shall apply only to those places of business licensed to operate after January I, 1958, and shall in no manner repeal or nullify any license issued under provisions of law which are now operating or will operate prior to the effective date January I, 1958; and all such places of business shall be exempt from the provisions of this law so long as they are in continuous operation.

(6) When additional licenses become available by reason of an increase in population or by reason of a county permitting the sale of intoxicating beverages when such sale has been prohibited, no current alcoholic beverage licensee or any person who has held a direct or indirect interest in an alcoholic beverage license during the immediately preceding 12 months shall be entitled to apply for and, if selected as provided by law, receive more than one such newly available license per county. The division may issue up to 50 percent of the number of new licenses that become available by reason of the 1980 federal decennial census or any subsequent federal decennial census or state population estimate to persons and locations having alcoholic beverage licenses, provided more than one such license is authorized for a county. This limitation is enacted pursuant to the police power of the state, for the express purpose of promoting the public health, morals, and welfare. This limitation shall only apply when a license is originally issued and shall not apply to subsequent transfers of such licenses as are authorized by law or to renewals of such licenses; however, in no event shall any person, firm, or corporation licensed as a vendor under subsection (1) have an interest, directly or indirectly, in more than 30 percent of the number of licenses authorized for issuance in such county. Notwithstanding the foregoing limitation, any licensed vendor having an interest, directly or indirectly, in more than 30 percent of the licenses authorized for issuance in anyone county on July I, 1981, may continue to qualify for such licenses.

(7)(a) There shall be no limitation as to the number of licenses issued pursuant to s. 565.02(4). However, any licenses issued under this section shall be limited to:

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1. Subordinate lodges or clubs of national fraternal or benevolent associations;

2. Golf clubs, tennis clubs, and beach or cabana clubs which are municipally or privately owned or leased;

3. Nonprofit corporations or clubs devoted to promoting community, municipal, or county development or any phase of community, municipal, or county development;

4. Clubs fostering and promoting the general welfare and prosperity of members of showmen and amusement enterprises;

5. Clubs assisting, promoting, and developing subordinate lodges or clubs of national fraternal or benevolent associations; and

6. Clubs promoting, developing, and maintaining cultural relations of people of the same nationality.

(b) Any chartered or incorporated club owning or leasing and maintaining any bona fide regular, standard golf course consisting of at least nine holes, with clubhouse, locker rooms, and attendant golf facilities and comprising in all at least 35 acres of land owned or leased by such club may be issued a license under s. 565.02(4); but failure of such club to maintain the golf course and golf facilities shall be grounds for revocation of the license.

(c) Any chartered or incorporated club owning or leasing and maintaining any bona fide tennis club or four-wall indoor racquetball club consisting of not fewer than 10 regulation-size tennis courts or 10 regulation-size four-wall indoor racquetball courts, or a combination of such courts totaling in the aggregate not fewer than 10 courts, with clubhouse facilities, pro shop, locker rooms, and attendant tennis or racquetball facilities, all located on a contiguous tract of land owned or leased by such club, may be issued a license under s. 565.02(4); but failure of such club to maintain such courts and facilities shall be grounds for revocation of any such license so issued. Any racquetball or tennis club which has been constructed and completed on or before July 1, 1980, and which contains the requisite number of courts of proper size and attendant facilities may be granted a license without the necessity of securing additional approval from the incorporated municipality or county in which the racquetball or tennis club facility is located. It is intended that this subsection be an exception to s. 562.45(2) preempting the zoning power of local government to the state only in instances involving tennis and racquetball clubs constructed and completed on or before July 1,1980. Nothing in this paragraph, however, shall be construed to limit the power of incorporated municipalities or counties to enact ordinances regulating hours of business and prescribing sanitary regulations for such racquetball or tennis club facilities.

(d) Any chartered or incorporated club which owns or leases and which maintains any bona fide beach or cabana club consisting of beach facilities, swimming pool, locker rooms with facilities for at least 100 persons, and a restaurant with seats at tables for at least 100 persons, comprising in all an area of at least 5,000 square feet located on a contiguous tract of land of at least 2 acres may be issued a license under s. 565.02(4). The failure of such club to maintain the facilities shall be a ground for revocation of the license.

(8) In addition to any licenses that may be issued to restaurants under the provisions of this section, the division is authorized to issue special licenses to qualified applicants whose applications have been approved by the Inter-American Center Authority for use within the confines of the Inter-American Cultural and Trade Center; however, any such license issued pursuant to this subsection shall not permit the licensee to sell alcoholic beverages by the package for off-premises consumption.

(9) In addition to any licenses that may be issued under the provisions of this chapter, the division is authorized to issue special licenses to any county which has a population of at least 1,000,000 persons according to the latest federal census and which owns and operates airport facilities pursuant to chapters 125 and 332, for transfer to qualified applicants who have secured approval from the board of county commissioners of such county for use within the confines of such airport facilities. Such licenses shall not be valid in any location beyond the confines of the terminal facilities of the airport. In the event of expiration or revocation of such licenses, such licenses shall revert to the board of county commissioners automatically, by operation of law. However, no speciallicense issued pursuant to this subsection shall permit the county or its transferee to sell alcoholic beverages by the package for off-premises consumption.

(10) In addition to any licenses that may be issued under the provisions of this chapter, the division is authorized to issue a special license to any marketing association of horse breeders organized under the laws of the state. Such license shall be applicable only in and for facilities used by the association for public auction of its products. No license issued pursuant to this subsection shall permit the licensee to sell alcoholic beverages by the package for off-premises consumption. The provisions of this subsection do not preclude any cooperative marketing association of horse breeders from holding a license issued pursuant to any other provision of this chapter.

Hi.tory.-8. 2, ch. 16774, 1935; CGL 1936 Supp. 4151(228); 8. 2, ch. 23746, 1947; 8. 7, ch. 25359, 1949; 8. I, ch. 28113, 8. I, ch. 28117, 1953; 8. 4, ch. 29786, 8. I, ch. 29829, 8. I, ch. 29978, 1955; 8. 24, ch. 57-1; 8. I, ch. 57-299; 8. 17, ch. 57-420; ... 1,2, ch. 57-773; 8. I, ch. 57-837; 8. I , ch. 57-1991; 8. I, ch. 59-370; 8. 2, ch. 61-219; ... I, 2, 4, ch. 61-300; 8. I, ch. 61-439; 8. I, ch. 67-173; ... 16, 35, ch. 69-106; 8. I, ch. 71-238; 8. I, ch. 72-61; 8. I, ch. 72-83; 8. I, ch. 72-230; 8. I, cho 72-260; 8. I, ch. 73-366; 8. I, ch. 73-367; ... 1, 2, 3, ch. 76-2; 8. 1, ch. 76-242; 8. 5, ch. 77-471; 8. I, ch. 77-474; 8. 1, ch. 78-103; 8. 1, ch. 60-232; 8. 2, ch. 60-339; 8. 4, ch. 81-158; 8. I, ch. 84-95; ... 1, 3, ch. 84-286.

561.221 Licensing manufacturers and distributors as vendors prohibited; exceptions.-

(1) Nothing contained in s. 561.22, s. 561.42, or any other provision of the Beverage Law prohibits the ownership, management, operation, or control of not more than three vendor's licenses for the sale of alcoholic beverages by a manufacturer of wine who is licensed and engaged in the manufacture of wine in this state, even if such manufacturer is also licensed as a distributor; provided that no such vendor's license shall be owned, managed, operated, or controlled by any licensed manufacturer of wine unless the licensed premises of the vendor are situated on property contiguous to the manufacturing premises of the licensed manufacturer of wine.

(2) The division is authorized to issue vendor's licenses to a manufacturer of malt beverages, even if

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such manufacturer is also licensed as a distributor, for the sale of alcoholic beverages on property consisting of a single complex, which property shall include a brewery and such other structures which promote the brewery and the tourist industry of the state. However, such property may be divided by no more than one public street or highway.

History.-8. 1, ch. 63·11; 8. 1, ch. 67·511; 8. 1, ch. 72·230; 8. 1, ch. 78·187; 8. 1, ch. 79·54; 8. 1, ch. 84·142.

contrary to the county-by-county limitation on the number of such licenses based on population as provided in s. 561.20(1).

Hlstory.-8. 1, ch. 71·229; 8. 1, ch. 72.230; 8. 5, ch. 81·166; 8. 1, ch. 83·180; 8. 4, ch. 84·262.

Note.-Former 8. 561.321.

561.42 Tied house evil; financial aid and assistance to vendor by manufacturer or distributor prohibited; procedure for enforcement; exception.-

(1) No licensed manufacturer or distributor of any of the beverages herein referred to shall have any financial interest, directly or indirectly, in the estab-

561.331 Temporary license upon application lishment or business of any vendor licensed under for transfer or change of location.- the Beverage Law; nor shall such licensed manufac-

561.321 Temporary transfer license. -[Amended by s. 4, ch. 84-262, and transferred to s. 561.331.]

(1) Upon the filing of an application for transfer turer or distributor assist any vendor by any gifts or pursuant to s. 561.32 by any purchaser of a business loans of money or property of any description or by which possesses a beverage license of any type or se- the giving of any rebates of any kind whatsoever. No ries, the purchaser of such business and the applicant licensed vendor shall accept, directly or indirectly, for transfer are entitled as a matter of right to receive any gift or loan of money or property of any descripa temporary beverage license, of the same series as tion or any rebates from any such licensed manufacthat held by the seller of such business, which tempo- turer or distributor; provided, however, that this does rary license will be valid for all purposes under the not apply to any bottles, barrels, or other containers Beverage Law for a period not to exceed 90 days. necessary for the legitimate transportation of such However, the temporary license will expire on the beverages or to advertising materials and does not date the division disapproves the application for the apply to the extension of credit, for liquors sold, transfer of the license. After the denial of such appli- made strictly in compliance with the provisions of cation, the temporary license may not be continued this section. or extended. Such temporary beverage license shall (2) Credit for the sale of liquors may be extended be issued by the district supervisor of the district in to any vendor up to, but not including, the 10th day which the application for transfer is made upon the after the calendar week within which such sale was payment of a fee of $100. A purchaser operating un- made. der the provisions of this subsection is subject to the (3) In cases when payment for sales to a vendor is same rights, privileges, duties, and limitations of a not made by the 10th day succeeding the calendar beverage licensee as are provided by law, except that week in which such sale was made, the distributor purchases of alcoholic beverages during the term of who made such sale shall, within 3 days, notify the such temporary license shall be for cash only. Howev- division in writing of such fact; and the division, er, such cash-only restriction does not apply if the en- upon receipt of such notice, shall, after compliance tity holding a temporary license pursuant to this sec- with the proceedings hereinafter mentioned, declare tion purchases alcoholic beverages as part of a single- in writing to such vendor and to all manufacturers transaction cooperative purchase placed by a pool and distributors within the state that all further sales buying agent or if such entity is also the holder of a to such vendor are prohibited until such time as the state beverage license authorizing the purchase of the division certifies in writing that such vendor has fully same type of alcoholic beverages as authorized under paid for all liquors previously purchased. However, if the temporary license. a distributor received payment within the 3-day peri-

(2) Upon the filing of an application for change of od following the 10th day succeeding the calendar location pursuant to s. 561.33 by any qualified licens- week in which the sale was made, the distributor, if ee who possesses a beverage license of any type or se- notification to the division has not already been ries, the licensee is entitled as a matter of right to re- made, is not required to notify the division. Payceive a temporary beverage license of the same series ments so made within the 3-day period do not constias that license held by the licensee to be valid for all tute a violation of this section. purposes under the Beverage Law for a period not to (4) Before the division shall so declare and proexceed 90 days. However, the temporary license will hibit such sales to such vendor, it shall, within 2 days expire on the date the division disapproves the appli- after receipt of such notice, give written notice to cation for the change of location. After the denial of such vendor by mail of the receipt by the division of such application, the temporary license may not be such notification of delinquency and such vendor continued or extended. Such temporary license shall shall be directed to forthwith make payment thereof be issued by the district supervisor of the district in or, upon failure to do so, to show cause before the diwhich the application for change of location is made vision why further sales to such vendor shall not be without the payment of any further fee or tax. A li- prohibited. Good and sufficient cause to prevent such censee operating under the provisions of this subsec- action by the division may be made by showing paytion is subject to the same rights, privileges, duties, ment, failure of consideration, or any other defense and limitations of a beverage licensee as are provided which would be considered sufficient in a commonby law. law action. The vendor shall have 5 days after receipt

(3) Nothing in this section shall be construed to of such notice within which to show such cause, and permit the transfer or issuance of temporary licenses he may demand a hearing thereon, provided he does

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so in writing within said 5 days, such written demand to be delivered to the division either in person or by due course of mail within such 5 days. If no such demand for hearing is made, the division shall thereupon declare in writing to such vendor and to all manufacturers and distributors within the state that all further sales to such vendor are prohibited until such time as the division certifies in writing that such vendor has fully paid for all liquors previously purchased. In the event such prohibition of sales and declaration thereof to the vendor, manufacturers, and distributors is ordered by the division, the vendor may seek review of such decision by the Department of Business Regulation within 5 days. In the event application for such review is filed within such time, such prohibition of sales shall not be made, published, or declared until final disposition of such review by the department.

(5) Upon receipt by the division from the distributor of the notice of nonpayment provided for by subsection (3), the division shall forthwith notify such delinquent vendor and all distributors in the state that no further purchases or sales of liquor by or to such vendor, except for cash, shall be made until good cause is shown by such vendor as heretofore provided for. No liquor shall be purchased by such vendor or sold to him by any distributor, except for cash, from and after such notification by the division and until such cause is shown as is provided for in subsection (4). In the event no good cause is shown, then all further sales, for cash or credit, are hereby prohibited after such declaration in writing by the division is sent to such vendor and distributors and until all delinquent accounts have been paid.

(6) Nothing herein shall be taken to forbid the giving of trade discounts in the usual course of business upon wine and liquor sales.

(7) The extension or receiving of credits in violation of this section shall be considered as an arrangement for financial assistance and shall constitute a violation of the Beverage Act and any maneuver, shift, or device of any kind by which credit is extended contrary to the provisions of this section shall be considered a violation of the Beverage Act.

(8) The division may establish rules and require reports to enforce the herein-established limitation upon credits and other forms of assistance. Nothing herein shall be taken to affect the provisions for cash sales of wines or beer as are provided in IS. 562.21 or provisions of s. 563.08, but shall govern all other sales of intoxicating liquors.

(9) The term "advertising materials" as used in this section does not include outside signs so located as to be connected with or appertaining to the vendor's licensed premises.

(10) No manufacturer or distributor of the beverages referred to herein shall directly or indirectly give, lend, rent, sell, or in any other manner furnish to a vendor any outside sign, printed, painted, electric, or otherwise; nor shall any vendor display any sign advertising any brand of alcoholic beverages on the outside of his licensed premises, on any lot of ground of which the licensed premises are situate, or on any building of which the licensed premises are a part.

(11) A vendor may display in the interior of his licensed premises, including the window or windows

thereof, neon, electric, or other signs, including window painting and decalcomanias applied to the surface of the interior or exterior of such windows, and posters, placards, and other advertising material advertising the brand or brands of alcoholic beverages sold by him, whether visible or not from the outside of the licensed premises, but no vendor shall display in the window or windows of his licensed premises more than one neon, electric, or similar sign, advertising the product of anyone manufacturer.

(12) Any manufacturer or distributor may give, lend, furnish, or sell to a vendor who sells the products of such manufacturer or distributor neon or electric signs, window painting and decalcomanias, posters, placards, and other advertising material herein authorized to be used or displayed by the vendor in the interior of his licensed premises. The division shall make reasonable rules governing promotional displays and advertising, which rules shall not conflict with or be more stringent than the federal regulations pertaining to such promotional displays and advertising furnished to vendors by distributors and manufacturers.

Hi8tory.-B. 4, ch. 16774, 1935; CGL 1936 Supp. 4151(230); B. I, ch. 22078, 1943; B. 6, ch. 23746, 1947; B. I, ch. 25260, 1949; B. I, ch. 25340, 1949; B. 10, ch. 26484, 1951; B. 28, ch. 57-420; 88. 16,35, ch. 69-106; B. 208, ch. 71-377; B. I, ch. 72-230; B. I, ch. 75-97; B. 9, ch. 78-95; B. 30, ch. 79-4; B. 3, ch. 84-142; B. 10, ch. 84-262.

'N ote.-Section 562.21 was repealed by B. 11, ch. 83-214. cf.-8. 564.07 Wine liBts furnished to vendors.

B. 564.08 Wine tastings by distributors and vendors. B. 565.16 Beverage lists furnished to vendors. B. 565.17 Beverage tastings by diBtributors and vendors.

561.422 Nonprofit civic organizations; temporary permits.-Upon the filing of an application and payment of a fee of $25 per permit, the director of the division may issue a permit authorizing a bona fide nonprofit civic organization to sell alcoholic beverages for consumption on the premises only, for a period not to exceed 3 days, subject to any state law or municipal or county ordinance regulating the time for selling such beverages. Any such civic organization may be issued only three such permits per calendar year. Notwithstanding other provisions of the Beverage Law, any civic organization licensed under this section may purchase alcoholic beverages from a distributor or vendor licensed under the Beverage Law.

History.-B. 1, ch. 72-360; B. I, ch. 83-79; B. 5, ch. 84-262.

561.65 Mortgagee's interest in license.-(1) Any person holding a bona fide mortgage or

lien or security interest in a spirituous alcoholic beverage license in this state shall have the right to enforcement of a lien against that license within 12 days after any order of revocation or suspension by an administrative officer or department of the government for a cause or causes of which the lienholder did not have knowledge or in which he did not participate. The division is required to notify any lienholder properly filing pursuant to subsection (4) of a pending revocation or suspension. Liens or security interests in spirituous alcoholic beverage licenses existing prior to July 1, 1981, shall not be affected by the provisions of this section.

(2) The purchaser at a foreclosure sale shall have the right to operate under such license, if otherwise lawfully qualified and authorized by the division to do so, or to have a reasonable time within which to

999

transfer the license to some person qualified under the laws of this state to operate under such license. If the purchaser is a distributor licensed under the Beverage Law, the license becomes inoperative immediately and remains in such status until transferred, i? accordance with the Beverage Law, to a person qUalIfied to operate under such license; however, the distributor shall transfer such license within 245 days after the date of purchase.

(3) If any such bona fide mortgagee or lienholder serves notice in writing on the division of the extension of such lien and accompanies that notice with the payment of a fee of $5 to the division, which money shall be used by the division to ~efray the costs of providing this service, then such henholder shall be notified in writing of the filing of an order to show cause as to why the license should not be suspended and revoked' and also the lienholder shall be furnished a copy of any order of suspension or revocation. In this event, the 12 days within which to file for the enforcement of the lien by the lienholder shall commence running from the date of the mailing of the copy of the order of revocation or suspension.

(4) In order to perfect a lien or security interest in a spirituous alcoholic bev~rage license which ~ay be enforceable against the hcense, the party whICh holds the lien or security interest, within 90 days of the date of creation of the lien or security interest, shall record the same with the division on or with forms authorized by the division, which forms shall require the names of the parties and the terms of the obligation. The division, upon request and at no more than actual cost, shall provide copies of all recorded liens or security interests against a spirituous beverage license.

(5) Any foreclosure of a perfected lien in a beverage license shall be in the circ~i~ court in the co~t~ in which the beverage license IS Issued, and the dlVlsion shall be joined as an indispensable party. All holders of liens senior to the lien being foreclosed shall be joined and deemed necessary parties to the foreclosure.

(6) Upon a judgment of foreclosure a~d after written notice to each distributor of alcohohc beverages who has filed a claim in the ~oreclosure, th~ clerk of the circuit court shall sell the hcense at pubhc auction, pursuant to chapter 45, to the ~ighest and ~e~t bidder, who shall pay the amount bId by a cashIer s check within 24 hours of the time of sale. The proceeds from the sale of such license, after deducting the expenses of the sale, shall be paid, first, to. ~he lienholder or lienholders in the order of date of fIhng and, second, to creditors who have p~id or by law are obligated to pay federal or state eXCIse taxes on pu;chases by the licensee; and the balance shall be paId as directed in the judgment of foreclosure.

(7) The institution of foreclosure procedures or the judicial transfer of. a lice~se sh~l not pr.event the division from suspendmg or Imposmg a CIvIl penalty against the licensee of record at the ti?D.e. of the ~leged violation. Ho~ever, sho.uld the dIvI~Ion ~btam a revocation of the hcense agamst the prevIOUS lICensee of record the revocation shall be effective only to impair the qualifications of the officers, directors, or stockholders of that licensee.

Hi.tory.-s. I, ch. 69-115; 88. 16,35, ch. 69-106; s. I, ch. 72-230; 8. 18, ch. 79-11; s. 21, cb. 81-158; 8. 6, ch. 84-262.

CHAPTER 562

BEVERAGE LAW: ENFORCEMENT

562.11 Selling, giving, or serving alcoholic ages to person under age 19; ~;n~."n ..... a.,ni-_

ing or misstating age or age of an,oUler induce licensee to serve alcoholic ages to person under 19; penalties.

562.11 Selling, giving, or serving .... 'uJj.u .... ; beverages to person under age 19; senting or misstating age or age of induce licensee to serve alcoholic np'''Pl'SU!" to person under 19; penalties.- .

(l)(a) It is unlawful for any person to sell, gIve, serve, or permit to be served alcoholic to a person under 19 years of age or to under 19 years of age to consume such "''''VtHH''.". the licensed premises. Anyone convicted of tion of the provisions hereof is guilty of a meanor of the second degree, punishable as nr()vuied in s. 775.082 or s. 775.083.

(b) A licensee who sells, gives, serves, or to be served any alcoholic beverage to a 19 years of age or permits a person under 19 age to consume any alcoholic beverage on censed premises shall have a complete defe~s.e . civil action therefor, except for any aOmlOls:tliEltnre action by the division under the Beverage the time the alcoholic beverage was sold, served, or permitted to be served, the person evidenced that he was of legal age to purchase sume the alcoholic beverage and the "n·n",.,r",rlcF the person was such that an ordinarily son would believe him to be of legal age to n111rl'n. .. " ...

or consume the alcoholic beverage and if the U"!~U''':'''' carefully checked one of the following forms tification: the person's driver's license, an idEm~,jf"i.~ation card issued under the provisions of s . .J..:o,..:o.U',J.1, the person's passport, and acted in good reliance upon the representation and ap'peElr8JQce the person in the belief that he was purchase or consume the alcoholic beyerage .. herein shall negate any cause of actIOn whIch prior to June 2, 1978.

(2) It is unlawful for any person to misrE~nrlesEmt or misstate his age or the age of any other the purpose of inducing any licensee or his employees to sell, give, serve, or deliver any WC\?UlJUC

beverages to a person under 19 years of age. (a) Anyone convicted of violating the

hereof is guilty of a misdemeanor of the gree, punishable as provided in s. 775.082 775.083.

(b) Any person under the age of 17 years lates such provisions shall be within the of the judge of the circuit court and shall be with as a juvenile delinquent according to law.

(c) In addition to any other penalty impmled a violation of this subsection, if a person er's license or identification card issued partment of Highway Safety and Motor "nh""nn

the violation of this subsection, the court may:

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florida statutes 1984, supplement volume · s.526.01 1984 supplement to florida statutes 1983...

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