F.S.1979 WEIGHTS, MEASURES, AND STANDARDS Ch. 531

(5) Make, by rule, any exemptions from the pro­visions of this chapter when appropriate to the main­tenance of good commercial practices within .this state.

(6) Conduct investigations necessary to ensure compliance with this chapter.

(7) Delegate to appropriate personnel all duties and responsibilities necessary for the proper admin­istration of this chapter.

(8) Test annually the standards of weight and measure used by any city or county and approve the same when found to be correct and reject same when found to be incorrect.

(9) Inspect and test all weights and measures kept or offered or exposed for sale.

(10) Inspect and test, to ascertain if they are cor­rect, all weights and measures commercially used:

(a) In determining the weight, measure, or count of commodities or things sold or offered or exposed for sale, on the basis of weight, measure, or count; or

(b) In computing the basic charge or payment for services rendered on the basis of weight, measure or count.

In compliance with rules of the department, tests may be made on representative samples of such de­vices, and the lots of which samples are representa­tive shall be held to be correct or incorrect on the basis ofthe results ofthe inspection and tests of such samples.

(11) Test all weights and measures used in check­ing the receipt or disbursement of supplies in every institution for the maintenance of which funds are appropriated by the legislature of this state.

(12) Approve for use, and mark, such weights and measures as it finds to be correct, and reject, and mark as rejected, such weights and measures as it finds to be incorrect. Weights and measures that have been rejected may be seized if not corrected within a reasonable time, or if used or disposed of in a manner not specifically authorized. The depart­ment shall condemn, and may seize, weights and measures found to be incorrect that are not capable of being made correct.

(13) Weigh, measure, or inspect packaged com­modities kept or offered or exposed for sale, sold, or in the process of delivery, to determine whether they contain the amounts represented and whether they are kept or offered or exposed for sale in accordance with this chapter or the rules adopted pursuant thereto. In carrying out the provisions of this subsec­tion, the department may employ recognized sam­pling procedures such as are designated in National Bureau of Standards, Handbook 67, "Checking Pre­packaged Commodities."

(14) Prescribe, by rule, the appropriate term or unit of weight or measure to be used, whenever it determines in the case of a specific commodity that an existing practice of declaring net quantity of con­tents by weight, measure, numerical count, or com­bination thereof does not facilitate value compari­sons by consumers or offers an opportunity for con­sumer confusion.

(15) Inspect and test every grain moisture meas­uring device used to determine the moisture of corn, soybeans, and grains offered for sale, sold, pur-

chased, or in the process of being purchased. The department shall also have authority to establish tolerances and specifications for the accuracy and condition of these devices.

History.-s. 1, ch. 72·101 ; s. 1, ch. 77·217. ·

531.42 Special police powers.-With respect to the enforcement of this chapter and rules pursuant thereto, the department is:

(1) Empowered to seize, for use as evidence, with­out formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale, or sold in violation of the provisions of this chapter or rules adopted pursuant thereto.

(2) Authorized to enter any commercial premises during normal business hours for the purpose of per­forming its duties.

(a) In the event that such premises, or part there­of, are not open to the public, the representative of the department shall first present his credentials before seeking entry thereto.

(b) Any person refusing authorized entry is in violation ofthis chapter and shall be guilty of a mis­demeanor of the second degree, punishable as pro­vided in s. 775.083. Such fine shall not be construed to be an elected alternative negating the authority to enter the establishment.

(c) In the event that such entry is denied, the representative of the department may apply for a search warrant from any person authorized to issue the same.

(3) On probable cause of violation of this chapter, empowered to stop any COQ}mercial vehicle, and the representative of the department may, after present­ment of his credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in his possession concerning the con­tents, and require him to proceed with the vehicle to some specified place for inspection. Any person re­fusing such inspection or failing to comply with any proper instructions is in violation of this chapter and shall be guilty of a misdemeanor of the second de­gree, punishable as provided ins. 775.083. Such fine shall not be construed to be an elected alternative negating the authority to stop the vehicle, inspect the contents, or order that it be taken to a specified place.

(4) Empowered to issue stop-use, hold, and re­moval orders with respec:t to .;my weights and meas­ures commercially used, and stop-sale, hold, and re­moval orders with respect to any packaged commodi­ties or bulk commodities kept or offered or exposed for sale.

History.-ss. 1, !A, ch. 72-101.

531.421 Powers and duties oflocal officials.­Any weights and measures official appointed for a county or city may exercise, in cooperation with the state, the duties enumerated in s. 531.41(9)-(13) and the powers enumerated in s. 531.42. These powers and duties shall extend to their respective jurisdic­tions, except that the jurisdiction of a county official

1451

Ch. 531 WEIGHTS, MEASURES, AND STANDARDS F.S.1979

shall not extend to any city for which a weights and measures official has been appointed.

History.-s. 1, ch. 72-101.

531.43 Misrepresentation of quantity.-No persori shall sell or offer or expose for sale less than the quantity he represents, nor take any more than the quantity he represents, when, as buyer, he fur­nishes the weight or measure by means of which the quantity is determined.

History.-s. 1, ch. 72-101 .

531.44 Misrepresentation ofpricing.-No per­son shall misrepresent the price of any commodity or service sold or offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person. Whenever an advertised, posted, or labeled price per unit of weight, measure, or count includes a fraction of a cent, all elements of a fraction shall be prominently displayed, and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same general de­sign and style as, and at least one-half the height and width of, the numerals representing the whole cent.

History.-s. 1, ch. 72-101.

531.45 Method of sale.-Except as otherwise provided by rule of the department, commodities in liquid form shall be sold by liquid measure or by weight, and commodities not in liquid form shall be sold only by weight, by area or volume measure, or by count, so long as the method of sale provides accu­rate quantity information.

History.-s. 1, ch. 72-101.

531.46 Bulk sale.-Bulk sales in excess of $20 shall be accompanied by a delivery ticket containing the following information:

(1) The name and address of the vendor and pur­chaser;

(2) The date delivered; (3) The net quantity delivered and the net quan­

tity upon which the price is based, if this differs from the delivered quantity;

(4) The identity of commodity in the most de­scriptive terms commercially practicable including any quality representation made in connection with the sale; and

(5) The count of individually wrapped packages, if there are more than one of such packages.

History.-s. 1, ch. 72-101.

531.47 Information required on packages.­Except as otherwise provided in this chapter or by rules adopted pursuant thereto, any package intro­duced in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the package a definite, plain, and conspicuous declaration of:

(1) The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container.

(2) The net quantity of contents in terms of weight, measure, or count.

(3) The name and place ofbusiness of the manu­facturer, packer, or distributor, in the case of any

package kept or offered or exposed for sale or sold in any place other than on the premises where packed.

History.-s. 1, ch. 72-101.

531.48 Declarations of unit price on random packages.-In addition to the declarations required by s. 531.47, any package being one of a lot contain­ing random weights of the same commodity and bearing the total selling price of the package shall bear on the outside of the package a plain and con­spicuous declaration of the price per single unit of weight.

History.-s. 1, ch. 72-101.

531.49 Advertising packages for sale.­Whenever a packaged commodity is advertised in any manner with the retail price stated, there shall be closely and conspicuously associated with the re­tail price a declaration of quantity as is required by law or rule to appear on the package. When a dual declaration is required, only the declaration that sets forth the quantity in terms of the smaller unit of weight or measure need appear in the advertise­ment.

History.-s. 1, ch. 72-101.

531.50 Offenses and penalties.-(!) Any person who willfully and knowingly vio­

lates the provisions enumerated in subsection (2) or any provision of this chapter or rules adopted pursu­ant thereto for which a specific penalty has not been prescribed shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Upon a subsequent conviction, he shall be guilty of a misdemeanor of the first degree, pun­ishable as provided in s. 775.082 or s. 775.083.

(2) No person shall: (a) Use, or have in possession for use, in com­

merce any weight or measure not approved or cor­rected as provided in s. 531.41(12).

(b) Use or dispose of any rejected or condemned weight or measure without specific authorization from the rejecting authority.

(c) Remove any mark of rejection from a rejected weight or measure without specific authorization from the rejecting authority.

History.-ss. 1, !A, ch. 72-101.

531.51 Injunction.-The department is author­ized, without bond, to apply to any court of compe­tent jurisdiction for a temporary or permanent in­junction restraining any person from violating any provision of this chapter.

History.-s. 1, ch. 72-101.

531.52 Presumptive evidence.-Whenever there shall exist a weight or measure or weighing or measuring device in or about any place in which or from which buying or selling is commonly carried on, there shall be a rebuttable presumption that such weight or measure or weighing or measuring device is regularly used for the business purposes of that place.

History.-s. 1, ch. 72-101.

1452

F.S.1979 WEIGHTS, MEASURES, AND STANDARDS Ch. 531

531.53 Regulations to be unaffected by re­peal of prior enabling statute.-The enactment of this chapter or any of its provisions shall not affect any rule adopted pursuant to the authority of any earlier enabling statute unless inconsistent with this chapter or modified or revoked by rule of the depart­ment.

History.-s. I , ch. 72-101.

531.54 Salaries and expenses of enforcement. -All expenses incident to, and incurred in, the ad­ministration and enforcement of this chapter, in­cluding the salaries and expenses of such persons as the department shall designate. or employ as inspec­tors for that purpose, shall be paid from the General Inspection Trust Fund of the state in the same man­ner as other state salaries and expenses are paid.

History.-s. I , ch. 72-101.

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

that the policy of this state shall 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 of1975 (Pub. L . No. 94-168, 89 Stat. 1007; 15 U.S.C. s. 205a et seq.).

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

(e) "Interagency metric committee" means an organization 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 ofmeas­urement.

(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 re­sponsible 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 ins. 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 nec­essary 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

1453

Ch. 531 WEIGHTS, MEASURES, AND STANDARDS F.S.l979

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 of1975 (Pub. L. No. 94-168,89 Stat.1007; 15 U.S.C. s. 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) REPORTS.-(a) The Administrator shall, upon the advice of

the council, submit to the President of the Senate, the Speaker of the House ofRepresentatives, and the Governor by March 1, 1980, specific legislative rec­ommendations to remove any existing legal barriers to the voluntary conversion to the metric system of measurement. In preparing recommendations, the Administrator shall propose amendments to any state statute containing a reference expressed in a customary system of measurement with a reference expressed in an appropriate unit expressed in the metric system of measurement within authorized limits. Such references to the metric system of meas­urement shall supplement the references to the cus­tomary system of measurement. In the event the Administrator adopts a reference in the metric sys­tem that is not the exact equivalent of the reference in the customary system, such report shall state the magnitude of the difference and the reason for se-

lecting the reference adopted. (b) Beginning March 1, 1981, the Administrator

shall, upon the advice of the council, submit an an­nual report which clearly states the extent of metric conversion in this state with any necessary recom­mendations which may further the purposes of this section. Such report 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 measl..lrement with refer­ences ·expressed in the metric system of measure­ment.

(8) LOCAL ORDINANCES AND LAWS.-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 special law 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.-ss. 1-9, ch . 79-316.

1454

F.S.1979 DEVICES ISSUED IN PAYMENT FOR LABOR Ch. 532

CHAPTER 532

DEVICES ISSUED IN PAYMENT FOR LABOR

532.01 Payment by check, draft or other order for payment.

532.02 Payment by other device. 532.04 Payment by direct deposit of funds.

532.01 Payment by check, draft or other or· der for payment.-Any order, check, draft, note, memorandum, or other acknowledgment of indebt­edness issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some estab­lished place of business in the state, the name and address of which must appear on the instrument, and at the time of its issuance, and for a reasonable time thereafter, which must be at least 30 days, the maker or drawer must have sufficient funds or cred­it, arrangement, or understanding with the drawee for its payment.

History.-s. 1, ch. 6914, 1915; RGS 2522; CGL 3944; s. 1, ch. 18004, 1937; s. 1, ch. 71-324.

532.02 Payment by other device.-Any person issuing coupons, punch-outs, tickets, tokens, or other device in lieu of cash as payment for labor, whether redeemable either wholly or partially in goods or merchandise, at his or any other place of business, shall, on demand of any legal holder thereof:

(1) Be liable for the full face value thereof in current money of the United States, on or after the thirtieth day succeeding the day of issuance.

(2) Be liable for payment in current money of the United States, notwithstanding any contrary stipu­lation or provision, which may be therein contained.

(3) Be subject to suit brought thereon in any court of competent jurisdiction, upon failure to com­ply with either subsection (1) or subsection (2), wherein any legal holder's recovery shall include the full face value of any such device, with legal interest from demand and, in the court's discretion, 10 per­cent of said amount as attorney's fees in the same suit.

History.-s. 2, ch. 6914, 1915; RGS 2523; CGL 3945; s. 1, ch. 71-324.

532.04 Payment by direct deposit of funds.­(1) None of the provisions of this chapter shall be

deemed or construed to prohibit the payor of wages or salary from causing the amount of such wages or salary to be deposited directly to the account of the payee in a financial institution by electronic or other medium if such direct deposit has been authorized in writing by the payee and if the payee has designated in writing the financial institution of his choice in which such deposit is to be made. However, at the time the order for payment of such direct deposit is received by the drawee, the payor of such wages or salary must have sufficient funds or credit or an arrangement or understanding with the drawee for payment thereof.

(2) No employer or payor of wages or salary shall terminate the employment of any employee or payee solely for refusing to authorize such direct deposit of wages or salary.

(3) An employee or payee of wages or salary may bring a civil action against any person violating sub­section (2). Upon rendition of a judgment or decree by any of the courts of this state against the person violating subsection (2) and in favor of the employee or payee of wages or salary, the trial court, or, in event of an appeal in which the employee or payee prevails, the appellate court, shall adjudge or decree against the person violating subsection (2) and in favor of the employee or payee a reasonable sum as fees for the employee's or payee's attorney prosecut­ing the suit in which the recovery is had. The court may, in its discretion, provide such equitable relief as it deems necessary or proper, including enjoining the defendant from further violation of subsection (2). If it appears to the court that the suit brought by the plaintiff was ill-founded or brought for purposes of harassment, the plaintiff shall be liable for rea­sonable attorney's fees incurred by the defendant. When so awarded, attorney's fees shall be included in the judgment or decree rendered in the case.

History.-s. 1, ch. 77-296.

1455

Ch. 533 MINING WASTES F.S.1979

CHAPTER 533

MINING WASTES

533.01 Deposits for mine wastes, etc. 533.02 Escape of waste, wash, and debris. 533.03 On affidavit filed with county commission­

ers, county to institute suit to enjoin. 533.04 Venue in county wherein affidavit present­

ed. 533.05 Duty of state attorney; attorney's fee. 533.06 Penalty for violation of ss. 533.01, 533.02.

533.01 Deposits for mine wastes, etc.-Any person engaged in the business of mining any miner­al or subterranean product in this state, shall pro­vide necessary places of deposit for the waste, wash or debris of any mine or mines operated by such person; and shall provide settling pools of sufficient capacity to prevent the escape of waste, wash or de­bris into any waters of the rivers and streams of the state, except as provided in s. 533.02.

History.-s. 1, ch. 6202, 1911; RGS 2446; s. 1, ch. 10181, 1925; CGL 3853, 3858. cf.-s. 1.01 "Person" defined.

533.02 Escape of waste, wash, and debris.-It is unlawful for any person to permit or allow the escape of waste, wash, or debris from any mine or mines operated by such person into any of the streams and rivers of this state, but the escape of water slightly discolored shall not be construed as the escape of waste, wash and debris, nor shall the washing away of water, or debris, due to excessive rains or floods which are beyond the control of per­sons operating such mine or mines be within the meaning of this chapter.

History.-s. 2, ch. 6202, 1911; RGS 2447; s. 2, ch. 10181, 1925; CGL 3854, 3859.

533.03 On affidavit filed with county commis­sioners, county to institute suit to enjoin.-Upon the presentation to the board of county commission­ers of any county of this state of an affidavit, signed by at least 10 citizens, owning property in such coun­ty, which affidavit shall allege that some person con­ducting mining operations in this state, giving the name thereof, is not using due diligence to prevent

the escape of waste or debris from any mine or mines, operated by such person, into any stream or river of this state, and that such waste or debris is escaping into a stream or river in the county in which the affiants reside, then the board of county commissioners shall immediately institute suit in the name of such county to enjoin such person from allowing waste or debris to escape. No prosecution for perjury shall be had on such affidavit. The join­der of any number of persons as defendants shall be no grounds of objections to the suit, and they may join parties defendants not named in the affidavit if necessary.

History.-s. 3, ch. 6202, 1911; RGS 2448; CGL 3855.

533.04 Venue in county wherein affidavit presented.-The cause of action shall be considered to arise in the county wherein the affidavit shall be presented to the board of county commissioners, and suit shall be commenced therein regardless of where the mine or mines from which the waste or debris is escaping are located.

History.-s. 4, ch. 6202, 1911; RGS 2449; CGL 3856.

533.05 Duty of state attorney; attorney's fee. -In the event the regular attorney of the board of county commissioners, represents any person en­gaged in mining in this state, the state attorney of the circuit in which the county bringing the suit is situated, shall conduct the suit, and if the injunction shall be granted, the county shall recover from the defendant or defendants such reasonable attorney's fee as shall be allowed by the court, which shall be paid to the attorney conducting the suit, in addition to the compensation regularly paid him.

History.-s. 5, ch. 6202, 1911; RGS 2450; CGL 3857.

533.06 Penalty for violation of ss. 533.01, 533.02.-Any person violating any of the provisions of s. 533.01 or s. 533.02 shall be guilty of a misde­meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 3, ch. 10181, 1925; CGL 7833; s. 522, ch. 71-136.

1456

F.S.1979 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF Ch. 534

CHAPTER 534

LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF

534.011 534.021 534.031 534.041 534.051 534.061 534.071 534.081

534.082 534.083

534.091 534.101 534.111 534.47 534.48 534.49 534.50

534.501

534.51 534.52

534.53 534.54

Duties of department. Recording of marks and brands. Certified copies of marks and brands. Renewal of certificate of mark or brand. Transfer of ownership of mark or brand. Transfer of ownership of cattle. Rules and regulations. Duties of law enforcement officers; ap­

pointment of special officers. Duties of livestock hide dealers. Livestock hauler's permit; display of per-

mit on vehicle; bill of lading. Claim of ownership without title. Penalties. Injunction. Definitions. License and fee. Livestock drafts; effect. Report and notice of dishonored check or

draft. Livestock draft; unlawful to delay pay­

ment. Prohibition against filing complaint. Violations; refusal, suspension, revoca­

tion; penalties. Information and records. Cattle or hog processors; prompt payment;

penalty; lien.

534.011 Duties of department.-The inspec­tion and protection oflivestock in the state are here­by placed under the jurisdiction of the Department of Agriculture and Consumer Services, herein called the department.

History.-s. 1, ch. 65.357; ss. 14, 35, ch. 69·106.

534.021 Recording of marks and brands.­The department shall be the recorder of livestock marks and brands and such marks and brands shall not be recorded elsewhere in the state. Any livestock owner who uses a mark or brand to identify his live­stock must register such mark or brand by applying to the department for such registration. The applica­tion shall be made on a form prescribed by the de­partment and shall be accompanied by a facsimile of the brand applied for and a statement of the county or counties in the state that applicant has or expects to have livestock bearing the mark or brand to be recorded. The department shall, upon its satisfaction that the application meets the requirements of this chapter, record such mark or brand. If an applica­tion be made to record a mark or brand previously recorded, the department shall determine whether the county or counties in which the mark or brand will be used is near enough to another county or other counties in which the previously recorded mark or brand is to be used to probably cause confu­sion or to aid theft or dishonesty, and if so, it shall be the duty of the department to decline to admit to record such a mark or brand. If a conflict should arise between the owner of any presently recorded mark or brand and another claiming the right to record the same mark or brand, the department

shall in all cases give preference to the present own­er. The department shall charge and collect at the time of any such recording a fee of$10 for each mark or brand. No person, firm or corporation shall use any mark or brand to which another has a prior right of record. It shall be unlawful to brand any animal with a brand not registered with the depart­ment.

History.-s. 1, ch. 65·357; s. 1, ch. 69·333; ss. 14, 35, ch. 69·106; s. 1, ch. 75·37.

534.031 Certified copies of marks and brands.-Certified copies of recorded marks and brands shall be furnished by the department when and as requested and it shall charge and collect $2 for each certificate. Such certificates shall be admis­sible in evidence in all courts.

History.-s. 1, ch. 65-357; ss. 14, 35, ch. 69·106; s. 1, ch. 75·37.

534.041 Renewal of certificate of mark or brand.-

(1) The registration of a mark or brand shall enti­tle the registered owner to exclusive ownership and use of such mark or brand for a period ending at midnight on the last day of the month 5 years from the date of registration. Such registration may be renewed, upon application and payment of a renew­al fee of$5, for successive 5-year periods, each ending at midnight on the last day of the month 5 years from the date of renewal. At least 30 days prior to the month of expiration of a registration, the depart­ment shall notify by letter the registered owner of the mark or brand that, upon application for renew­al and payment of the renewal fee, the department shall issue a renewal certificate granting the regis­tered owner exclusive ownership and use of such mark or brand for another 5-year period ending at midnight on the last day of the month 5 years from the date of renewal. Failure to make application for renewal within the month of expiration of a registra­tion shall cause the department to send a second notice to the registered owner by registered mail at his last known address. Failure of the registered owner to make application for renewal within 30 days after receipt of the second notice shall cause such owner's mark or brand to be placed on an inac­tive list for a period of12 months, after which it shall be canceled and become subject to registration by another person on application.

(2) For the purpose of transition to this system of renewal, however, any mark or brand on record as of June 30, 1975, may be renewed within the period beginning July 1, 1976, and ending December 31, 1976, for a lesser period than that provided by sub­section (1) and at a renewal fee computed on a pro­rated basis pursuant to a schedule of periods and fees to be promulgated and published by the department. Such schedule shall be designed to stagger all such renewals over a 5-year period, with each renewal occurring in the same month as that of original reg­istration. Failure of the registered owner to make application for renewal prior to January 1, 1977, shall cause such owner's mark or brand to be placed on an inactive list for a period of 12 months, after

1457

Ch. 534 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF F.S.1979

which it shall be canceled and become subject to registration by another person on application.

History.-s. 1, ch. 65-357; ss. 14, 35, ch. 69-106; s. 1, ch. 70-152; s. 1, ch. 70-439; s. 1, ch. 75-37. cf.-s. 1.01 Registered mail defined to include certified mail.

534.051 Transfer of ownership of mark or brand.-Marks or brands recorded under this act are the property of the person, firm or corporation causing the record to be made, and may be sold, assigned or donated as personal property. Any in­strument affecting the title of such mark or brand shall be acknowledged in the presence of the record­ed owner and a notary public, and shall be recorded by the department. The fee for recording a transfer of ownership shall be $10.

History.-s. 1, ch. 65-357; ss. 14, 35, ch. 69-106; s. 1, ch. 75-37.

534.061 Transfer of ownership of cattle.-It shall be the duty of all purchasers of cattle, except for immediate slaughter, to remark or rebrand the same within 10 days, or have on request a bill of sale from the rightful owner of marks and brands on cattle, provided that this requirement shall not ap­ply where an entire stock of cattle with the mark and brand or marks and brands carried by them shall be sold and conveyed.

History.-s. 1, ch. 65-357.

534.071 Rules and regulations.-The depart­ment shall prescribe and enforce suitable rules and regulations for the inspection of livestock and car­casses oflivestock to the end that the true ownership thereof may at all times be protected and larceny prevented and for the enforcement of this chapter. The department is hereby authorized to employ all necessary inspectors and to use any other designated persons to enforce and administer the provisions of this chapter.

History.-s. 1, ch. 65-357; ss. 14, 35, ch. 69-106.

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 oflivestock, inedible raw products of livestock, used grease, used restaurant grease, or other such products and to require said driver to present for inspection the evidence of ownership or authority of 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 investi­gators 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 said markets under close observation.

(3)(a) The department may appoint as special officers the investigators of the department author­ized by this section. Said special officers and all other law enforcement officers of the state shall have pow­er and authority throughout the state in carrying

out their duties specified in this section and in the enforcement of other criminal provisions in this chapter and other laws relating to livestock theft. 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 shall have power and author­ity to make arrests, with or without warrants, for the violations of the criminal provisions of this chapter and other laws relating to livestock theft, to the same extent and under the same limitations and duties as do peace officers under the provisions of chapter 901. In each case when any of such officers effect an arrest, the sheriff of the county in which such arrest is made shall be entitled to the lawful fees as if such arrests had been effected by him or his deputies.

(c) In the enforcement of the provisions of this chapter and other laws relating to livestock theft, such officers may go upon all premises, posted or otherwise, when necessary for the enforcement of such laws. The department may, at any time for cause, withdraw the appointment as special officers from said investigators of the department. All such special officers shall 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.-s. 1, ch. 65-357; s. 2, ch. 69-333; ss. 14, 35, ch. 69-106; s. 1, ch. 70-235; s. 1, ch. 70-439; s. 1, ch. 79-323.

'Note.-The words "of livestock" and "used" were inserted by the editors.

534.082 Duties of livestock hide dealers.­Livestock hide dealers shall make and keep a record of all hides of livestock received by them, which record shall include the name and address of the person from whom the hides were purchased, a de­scription of the hides, brands, and any other identify­ing information. Such record shall be maintained for public or official inspection for a period of 2 years.

History.-s. 3, ch . 69-333.

534.083 Livestock hauler's permit; display of permit on vehicle; bill of lading.-

(1) No person or company shall engage in the business of transporting or hauling for hire livestock along the public roads or highways of Florida with­out first having applied for and obtained from the department a permit on a for~ prescribed by the department. Said permit shall be renewed on or be­fore January 1 each year. Cost of the permit shall be $5.

(2) The department shall issue a metal tag or plate to every person or company required to obtain a permit to transport or haul for hire livestock, which shall bear the serial number of the permit. Such a tag or plate shall be issued for each vehicle used by the hauler.

(3) The metal tag or plate required under this section shall be attached to each vehicle used for transporting or hauling livestock in a conspicuous place in an upright position on the rear of the vehi­cle. When livestock is transported in a trailer type

1458

F.S.1979 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF Ch. 534

vehicle propelled or drawn by a motor truck or trac­tor, each such trailer shall have the tag or plate attached to the rear of the trailer in a conspicuous place in an upright position, and it shall not be nec­essary to have a tag attached to the motor truck or tractor.

(4) Persons engaged in the business of transport­ing or hauling livestock in the state shall, upon re­ceiving such livestock for transportation, issue a waybill or bill oflading for all livestock transported or hauled by them, and such waybill or bill of lading shall accompany the shipment of livestock, with a copy thereofbeing furnished to the person delivering livestock to the hauler. The waybill or bill of lading shall show the place of origin and destination of the shipment, the name of the owner of the livestock, date and time ofloading, name of person or company hauling the livestock, and the number of animals and a general description thereof. The waybill or bill oflading shall be signed by the person delivering the livestock to the hauler certifying that the informa­tion contained thereon is correct.

History.-s. 3, ch. 69-333; ss. 14, 35, ch. 69-106.

534.091 Claim of ownership without title.-It shall be unlawful for any person, firm or corporation to have the possession of livestock or carcasses of livestock under claim of ownership when in fact said person, firm, or corporation does not own said live­stock or carcasses of livestock.

History.- s. 1, ch. 65-357.

534.101 Penalties.-Any person who shall vio­late the provisions of ss. 534.011-534.091, either by doing anything forbidden , or failing to do and per­form anything required hereby, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.- s. 1, ch . 65-357; s. 523, ch. 71-136.

534.111 Injunction.-In addition to the reme­dies provided in this chapter, and notwithstanding the existence of any adequate remedy at law, the department is hereby authorized to make applica­tion for injunction to a circuit court or circuit judge and such circuit court or circuit judge shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter, or for failing or refusing to comply with the requirements of this chapter, or any rule or regulation duly pro­mulgated as in this chapter authorized, such injunc­tion to be issued without bond.

History.-s. 1, ch. 65-357; ss. 14, 35, ch. 69-106.

534.47 Definitions.-As used in ss. 534.48-534.53:

(1) "Department" means the Department of Ag­riculture and Consumer Services.

(2) "Livestock market" means any location in the state where livestock is assembled and sold at public auction or on a commission basis during regu­larly scheduled or special sales. The term "livestock market" shall not include private farms or ranches or sales made at livestock shows, fairs, exhibitions, or special breed association sales.

(3) "Buyer" means the party to whom title of livestock passes or who is responsible for the pur­chase price oflivestock, including, but not limited to, producers, dealers, meat packers, or order buyers.

History.-s. 1, ch. 73-40.

534.48 License and fee.-Prior to engaging in business, every livestock market shall make applica­tion to the department for a license. Such applica­tion shall be on a form provided by the department and shall be accompanied by an annual license fee of $100. Upon approval of the application by the de­partment, a license shall be issued and shall remain in effect for 1 year from the date of issuance unless terminated by the department. All funds received as license fees shall be placed in the General Inspection Trust Fund.

History.- s. 2, ch. 73-40.

534.49 Livestock drafts; effect.-For the pur­poses of this section, livestock drafts given as pay­ment at livestock auction markets for livestock pur­chases shall not be deemed an express extension of credit to the buyer and shall not defeat the creation of a lien on such an animal and its carcass and all products therefrom and proceeds thereof, to secure all or a part of its sales price, as provided in s. 534.54(4).

History.-s. 3, ch. 73-40; s. 1, ch. 75-212; s. 1, ch . 77-362; s. 1, ch. 79-18.

534.50 Report and notice of dishonored check or draft.-It shall be the duty and responsi­bility of each livestock market to report to the de­partment within 24 hours after having knowledge that a check or draft issued in payment for livestock has been dishonored, and it shall be the duty and responsibility of the department to notify all li­censed livestock markets ofthe fact of such dishonor of any such check or draft issued in payment for livestock.

History.-s. 4, ch. 73-40.

534.501 Livestock draft; unlawful to delay payment.-It shall be unlawful for the purchaser of livestock to delay payment of the livestock draft upon presentation of said draft at the payor's bank. Nothing contained in this section shall be construed to preclude a payor's right to refuse payment of an unauthorized draft.

History.-s. 2, ch. 77-362.

534.51 Prohibition against filing complaint. -A livestock market shall be prohibited from filing a complaint under s. 604.21 if such livestock market has violated any provision ofss. 534.47-534.53 in con­nection with any transaction included in the cause of action for said complaint.

History.-s. 5, ch. 73-40.

534.52 Violations; refusal, suspension, revo­cation; penalties.-

(1) For any violation of ss. 534.4 7-534.53, the de­partment may refuse to renew a license or may sus­pend or revoke a license already issued, upon notice to the applicant or licensee of its intention so to refuse, suspend, or revoke by giving its reasons therefor. The applicant or licensee shall have 15

1459

Ch. 534 LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF F.S.1979

days thereafter in which to request a hearing on the department's intentions to refuse, suspend, or re­voke his license, and upon his failure to do so within said time, refusal, suspension, or revocation shall become final without further procedure.

(2) In addition, or as an alternative to refusing, suspending, or revoking a license in cases involving violations, the department may impose a fine not to exceed $500 for the first offense and not to exceed $1,000 for the second or subsequent violations. When imposed and paid, such fines shall be deposited in the General Inspection Trust Fund.

(3) Failure to comply with the provisions of ss. 534.49 and 534.501 shall be a misdemeanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 6, ch. 73-40; s. 3, ch. 77-362; s. 6, ch. 78-95.

534.53 Information and records.-The live­stock auction market shall be required to record and maintain information or records necessary to prop­erly administer and enforce ss. 534.47-534.53, and such records shall be made available for inspection by the department or its agents during regular busi­ness hours.

History.-s. 7, ch. 73-40.

534.54 Cattle or hog processors; prompt pay-ment; penalty; lien.-

(1) As used in this section: (a) "Livestock" means cattle or hogs. (b) "Meat processor" means a person, corpora­

tion, association, or other legal entity engaged in the business of slaughtering cattle or hogs.

(2)(a) Except as otherwise provided with respect to livestock markets pursuant to s. 534.49, a meat processor who purchases livestock from a seller, or any person, corporation, association, or other legal entity who purchases livestock from a seller for slaughter, shall make payment by cash or check for the purchase price of the livestock and actually de­liver the cash or check to the seller or his representa­tive at the location where the purchaser takes physi­cal possession of the livestock, on the day the trans­fer of possession occurs or shall wire transfer of funds on the business day within which the posses­sion of said livestock is transferred. However, if the transfer of possession is accomplished after normal banking hours, said payment shall be made in the manner herein provided not later than the close of the first business day following said transfer of pos­session. In the case of "grade and yield" selling, the purchaser shall make payment by wire transfer of funds or by personal or cashier's check by registered mail postmarked not later than the close of the first business day following determination of "grade and yield."

(b) All instruments issued in payment hereunder shall be drawn on banking institutions which are so located as not artificially to delay collection of funds through the mail or otherwise cause an undue lapse of time in the clearance process.

(3) In all cases in which a purchaser who pur­chases livestock for slaughter from a seller fails to make payment for the livestock as required by this section or artificially delays collection of funds for the payment of the livestock, the purchaser shall be liable to pay the owner of the livestock, in addition to the price of the livestock:

(a) Twelve percent damages on the amount of the price.

(b) Interest on the purchase price of the livestock at the highest legal rate from and after the transfer of possession until payment is made as required by this section.

(c) A reasonable attorney's fee for the prosecu­tion of collection of the payment.

(4)(a) Any person, partnership, firm, corpora­tion, or other organization which sells livestock shall have a lien on such animal and its carcass, all prod­ucts therefrom, and proceeds thereof to secure all or a part of its sales price.

(b) The lien provided in this subsection shall be deemed to have attached and to be perfected upon delivery of the livestock to the purchaser without further action, and such lien shall continue in the livestock and its carcass, all products therefrom, and proceeds thereof without regard to possession there­of by the party entitled to such lien without further perfection.

(c) If the livestock or its carcass or products therefrom are so commingled with other livestock, carcasses, or products so that the identity thereof is lost, then the lien granted in this subsection shall extend to the same effect as if same had been perfect­ed originally in all such animals, carcasses, and products with which it has become commingled. However, all liens so extended under this paragraph to such commingled livestock, carcasses, and prod­ucts shall be on a parity with one another, and, with respect to such commingled carcasses or products upon which a lien or liens have been so extended under this paragraph, no such lien shall be enforce­able as against any purchaser without actual knowl­edge thereof' purchasing one or more of such carcass­es or products in the ordinary course of trade or business from the party having commingled such carcasses or products or against any subsequent transferee from such purchaser, but in the event of such sale, such lien shall instead extend to the pro­ceeds of such sale.

History.-s. 1, ch. 76-62.

1460

F.S.1979 HORSE SALES, SHOWS, AND EXHIBITIONS Ch. 535

CHAPTER 535

HORSE SALES, SHOWS, AND EXHIBITIONS

535.01 License by department required to conduct public vendue of thoroughbred horses.

535.02 Rules and regulations by department. 535.03 Inspection by licensed veterinarian. 535.04 Submission to department of detailed pedi-

gree. 535.05 License fee. 535.06 Fee for examination of horses. 535.10 Horse sales or shows; soring of horses; pro­

hibited acts. 535.11 Prohibition against administration of

drugs; testing; search powers of depart­ment; penalties.

535.12 Horse shows or sales; penalties for viola-tions.

535.13 Inapplicability to horse racing. 535.14 Rules. 535.15 Review commission.

535.01 License by department required to conduct public vendue of thoroughbred horses. -From and after the effective date of this act all persons, firms, or corporations, hereinafter referred to singularly as a "sales organization," shall be re­quired to obtain a license issued and made available by the Department of Agriculture and Consumer Services prior to holding, sponsoring, or conducting a public vendue at which thoroughbred yearlings or 2-year-old thoroughbred horses are offered for sale within the state; and no license shall be issued to any such sales organization by the department until such sales organization shall furnish to the depart­ment, on forms made and supplied by the depart­ment, a statement of financial responsibility, loca­tion, details of said public sale and without comply­ing with the minimum requirements established for sale facilities.

History.-s. 1, ch. 65-414; ss. 14, 35, ch. 69-106.

535.02 Rules and regulations by department. -The department shall establish reasonable regula­tions and rules and set requirements for the finan­cial responsibility and the minimum requirements for sales facilities, which rules and regulations must be complied with by any sales organization prior to the issuance of a license referred to in s. 535.01, and an application for said license must be made at least 4 months prior to a sale date.

History.-s. 2, ch. 65-414; ss. 14, 35, ch. 69-106.

535.03 Inspection by licensed veterinarian.­( I) All sales entries of thoroughbred yearlings or

2-year-old thoroughbred horses offered for sale with­in the state at public vendue must be inspected and approved by a veterinarian approved and licensed by the department 60 days before the date of any public sale and all entries must be reinspected by said state­licensed veterinarian within 3 to 7·days prior to the sales session at which they are to be sold, and the state-licensed veterinarian shall issue a certificate of soundness and a certificate that said animal is free from infectious diseases upon so finding and no thoroughbred yearling or 2-year-old horse shall be

entered for sale at public vendue in the state until the owner thereof shall obtain such certificate of soundness.

(2) This section applies only to a sale in which more than one-half of the horses entered have an appraised value equal to or greater than $12,500 per horse.

History.-s. 3, ch. 65-414; ss. 14, 35, ch. 69-106; s. 1, ch. 78-97.

535.04 Submission to department of detailed pedigree.-As a prerequisite of the entry of any thoroughbred yearling or 2-year-old thoroughbred horse in any public vendue in the state the owner of said animal must first submit to the Department of Agriculture and Consumer Services and to the sales organization a detailed pedigree of said animal at least 60 days prior to the opening of any such public vendue and the department is authorized and direct­ed to establish the minimum requirements of the pedigree requirement provided for in this section.

History.-s. 4, ch. 65-414; ss. 14, 35, ch. 69-106.

535.05 License fee.-The department shall as­sess a reasonable fee to cover the cost oflicensing the sales organization as herein provided for and said fee must be paid by the sales organization prior to ob­taining a license hereunder.

History.-s. 5, ch. 65-414; ss. 14, 35, ch. 69-106.

535.06 Fee for examination of horses.-The department shall assess a reasonable fee to be paid by the owner of any thoroughbred yearling or 2-year­old thoroughbred horse for the cost of the examina­tion of said animal by the state-approved and li­censed veterinarian, and for the cost of the certifi­cate of soundness herein provided for and said fee shall be paid by the said owner prior to the issuance of the certificate of soundness.

History.-s. 6, ch. 65-414; ss. 14, 35, ch. 69-106.

535.10 Horse sales or shows; soring of horses; prohibited acts.-

(1) For the purposes of ss. 535.10-535.13, a horse shall be considered to be sored if, for the purpose of affecting its natural gait:

(a) A blistering agent has been applied internally or externally to any of the legs, ankles, feet, or other parts of the horse;

(b) Burns, cuts, or lacerations have been inflicted on the horse;

(c) A chemical agent has been administered in­ternally or externally, or tacks, nails, or wedges have been used on the horse; or

(d) Any other method or device has been used on the horse, which may reasonably be expected cur­rently to result in physical pain to the horse when walking, trotting, or otherwise moving or to cause extreme fear or distress to the horse.

(2)(a) It is unlawful for any person to show or exhibit, or enter for the purpose of showing or exhib­iting, in any horse show or exhibition, any horse which is sored.

(b) It is unlawful for any person to conduct any

1461

Ch. 535 HORSE SALES, SHOWS, AND EXHIBITIONS F.S.1979

horse show or exhibition in which they knowingly allow to be shown or exhibited a horse which is sored or drugged.

(3)(a) The Department of Agriculture and Con­sumer Services is authorized to make such inspec­tions of any horse at any horse show or exhibition as may be deemed necessary by the department for the effective enforcement of ss. 535.10-535.13, and the owner or other person having custody of any such horse shall afford the department access to and op­portunity so to inspect the horse.

(b) The person or persons in charge of any horse show or exhibition shall keep such records as the Department of Agriculture and Consumer Services may prescribe by regulation in order to enable the department to determine whether any horse has been sored, the identity of the owner or exhibitor of any horse at the show or exhibition, and other facts necessary for the effective enforcement ofss. 535.10-535.13. The person or persons in charge of any horse show or exhibition shall afford the representatives of the department access to and opportunity to inspect and copy such records at all reasonable times.

History.-s. 1, ch. 71-166.

535.11 Prohibition against administration of drugs; testing; search powers of department; penalties.-

(!) As used in this section, unless the context oth­erwise requires:

(a) "Stimulant" means any medication which stimulates the circulatory, respiratory, or central nervous system.

(b) "Depressant" means any medication which depresses the circulatory, respiratory, or central nervous system.

(c) "Forbidden substance" means any stimulant, depressant, tranquilizer, or local anesthetic which might affect the performance of a horse.

(d) "Trainer" means any adult who has the re­sponsibility for the care, training, custody, or per­formance of a horse. Said person may be an owner, rider, agent, or coach, as well as trainer.

(2) No horse shall be entered, shown, or exhibited in any class in any horse show or exhibition, or en­tered, exhibited, or sold in a horse sale, if it has been administered, in any manner, any forbidden sub­stance, in violation of the provisions of this section, or any new drug, regardless of how harmless or in­nocuous such drug might be, if such drug by its very nature might mask or screen the presence of a for­bidden substance or prevent or delay testing proce­dures. Except for substances on the pastern area of walking horses, the full use of modern therapeutic measures for the improvement and protection of the health of the horse, including phenylbutazone, is permitted, unless the drug given may also stimulate or depress the circulatory, respiratory, or central nervous system or act as a tranquilizer or local anes­thetic.

(3) In the absence of substantial evidence to the contrary, trainers are responsible for a horse's condi­tion and for compliance with all laws and rules con­cerning the showing and exhibiting of horses and the sale of horses. If any trainer is prevented from per­forming his duties, including the responsibility for the condition of the horses in his care, by illness or

other cause, or is absent from any show or sale where horses under his care are entered and stabled, he shall immediately notify the horse show or sales company management and, at the same time, ap­point a substitute. Such substitute shall be equally responsible with the regular trainer for the condi­tion of the horses in his care. When a minor exhibi­tor has no trainer, a parent or guardian must as­sume the responsibility of trainer.

(4) Any trainer or other person who administers, attempts to administer, instructs, aids, or conspires with another to administer, or employs anyone who administers or attempts to administer, a forbidden substance to a horse, either before or during a horse show or sale, without complying with the provisions of subsection (5), shall be subject to the penalties provided ins. 535.12.

(5) Any horse being exhibited at a horse show or entered in any sale that receives any medication which contains a forbidden substance shall not be eligible for competition in such show or to be sold at such sale unless the following requirements have been met and the facts requested are furnished in writing:

(a) The medication must be therapeutic and nec­essary for treatment of an illness or injury.

(b) The horse must be withdrawn from competi­tion or from any sale for a period of not less than 24 hours after the medication is administered.

(c) The medication must be administered by a licensed veterinarian, if available, or in his absence, only by the trainer.

(d) A written statement setting forth the follow­ing information must be furnished:

1. Identification of the medication, and the amount, strength, and mode of administration.

2. Date and time of administration. 3. Identification of the horse's name, age, sex,

color, and entry number, if available. 4. Diagnosis and reason for administration.

The statement shall be signed by the person admin­istering the medication and filed with a representa­tive of the management of the horse show or sale within 1 hour after administration, or within 1 hour after such representative returns to duty, if adminis­tration is made at a time other than during show or sale hours. The statement shall be signed by said representative, who shall also record the time of re­ceipt on the statement.

(6) Any horse entered in any horse show or exhi­bition or entered in any horse sale shall be subject to examination by an approved veterinarian represent­ing the Department of Agriculture and Consumer Services. The veterinarian may appoint a technician to perform certain duties under his direction. The examination may include physical, saliva, urine, and blood tests, and, with the trainer's consent, the administration of a drug to induce urination, or any other test or procedure, in the discretion of the veter­inarian, necessary to effectuate the purposes of this section. The veterinarian may examine any or all horses in a class or in all classes in a show, or any horse entered in any class, whether in competition or not and whether or not on the show ground, or any horse withdrawn by an exhibitor within 24 hours

1462

F.S.1979 HORSE SALES, SHOWS, AND EXHIBITIONS Ch. 535

prior to the class for which it has been entered, or any horse entered in any horse sale. Every exhibitor, trainer, and consignor shall, upon request of the vet­erinarian, permit such test specimens as are neces­sary to be taken. Any person who refuses to submit a horse for examination or to cooperate with the veterinarian or his agents shall be subject to the penalties provided in s. 535.12.

(7) A representative of the Department of Agri­culture and Consumer Services may enter the stable, tack room, automobile, van, or any other place with­in the enclosure of a horse show or horse sale to inspect or examine the personal effects and property of every trainer and his employees or agents. If res­erpine or any drug containing reserpine is found in any of such locations, the trainer responsible for the area in which the drug is found shall be subject to the penalties provided ins. 535.12. If such represent­ative has reason to believe that bottles or containers contain reserpine, such bottles or containers may be removed from the custody of any trainer or his em­ployees or agents for testing. The Department of Ag­riculture and Consumer Services or its agents or any veterinarian representing the department shall not be liable for any actions lawfully taken by them in carrying out the provisions of this subsection.

(8) Each horse show and sales company shall set aside suitable facilities conveniently located for the veterinarian representing the Department of Agri­culture and Consumer Services to make tests under the provisions of this section.

(9) If the chemical analysis of saliva, urine, or other samples taken from a horse indicate the pres­ence of a forbidden substance, this shall be prima facie evidence that the forbidden substance has been administered to the horse. If any such analysis so indicates the presence of a forbidden substance, and all the requirements of subsection (5) have been fully complied with, the information contained in the statemept required by paragraph (d) of said subsec­tion and any other relevant evidence shall be consid­ered in determining guilt or innocence of any person charged under the provisions of this section.

(10) The owner or owners of a horse found to have been administered a forbidden substance in vi­olation of this section shall forfeit all prize money or sweepstakes and any trophies and ribbons won at any show by said horse and the same shall be redis­tributed accordingly.

History.-s. 2, ch. 71-166; s. 1, ch. 77-213; s. 220, ch. 79-400.

535.12 Horse shows or sales; penalties for vi­olations.-

(1) Any person who violates the provisions of sub­section (2) ofs. 535.10 or subsections (4), (6), or (7) of s. 535.11 is guilty of a misdemeanor of the second degree, punishable as provided in ss. 775.082 and

775.083. For a second or subsequent offense, such person is guilty of a misdemeanor of the first degree, punishable as provided in ss. 775.082 and 775.083.

(2) In addition to the penalties provided in sub­section (1), any person convicted pursuant to said subsection shall be barred from showing, exhibiting, or offering for sale, at a public sale, any horses in this state for a period of 2 years from the date of the conviction for said violation.

History.-s. 3A, ch. 71-166; s. 2, ch. 77-213; s. 1, ch. 78-395.

535.13 Inapplicability to horse racing.-No provision contained in ss. 535.10-535.12 shall in any way affect existing statutes governing horse racing.

History.-s. 4, ch. 71-166.

535.14 Rules.-The department may make all necessary rules to carry out the provisions of ss. 535.10-535.12.

History.-s. 3, ch. 77-213.

535.15 Review commission.-(!) There is created within the Department of

Agriculture and Consumer Services a special review commission to further carry out the enforcement of this chapter.

(2) The review commission shall be appointed by the Commissioner of Agriculture and Consumer Ser­vices and shall consist of two members appointed from the department; two members who are active representatives of a horse show, sale, or exhibition; and one member licensed as a veterinarian in Flori­da. Each member of the commission shall serve for a term of 4 years and shall not be eligible to succeed himself.

(3) The commission is empowered to conduct hearings in accordance with the provisions of chap­ter 120 on any allegation of violations ofs. 535.10 or s. 535.11.

(4) The commission shall meet only upon tqe call of the Commissioner of Agriculture and Consumer Services after the filing of a written complaint with the department by any person alleging violations of s. 535.10 or s. 535.11.

(5) If, in the opinion of a majority ofthe commis­sion, a person has violated the provisions ofs. 535.10 or s. 535.11, the commission may issue an order of suspension against said person from participation in any horse sale, show, or exhibition for a period of up to 6 months.

(6) The commission also may forward all infor­mation and evidence gathered on said violations to the appropriate state attorney's office.

(7) The department shall adopt rules to imple­ment the provisions of this section.

History.-s. 2, ch. 78-395.

1463

Ch. 536 TIMBER AND LUMBER F.S.1979

CHAPTER 536

TIMBER AND LUMBER

536.13 Stamp or brand for logs. 536.14 Brands to be recorded by clerk of circuit

court. 536.15 May prevent use by others. 536.16 Prima facie evidence of ownership. 536.17 Where two or more brands the same. 536.18 Defacing the mark or brand of lumber and

timber. 536.19 Unlawful use of recorded log brand or

stamp. 536.20 Inspection, buying or selling timber by ille­

gal standard; penalty. 536.21 Penalty for false representations, etc. 536.22 Lumber, moisture content; enforcement.

536.13 Stamp or brand for logs.-Any person engaged in this state in the business of getting out, buying, selling, or manufacturing saw logs, may adopt a stamp or brand for such logs, of such design as he may select.

History.-s. 1, ch. 4738, 1899; GS 1256; RGS 2393; CGL 3802.

536.14 Brands to be recorded by clerk of cir­cuit court.-A person may execute a written decla­ration that he has adopted a brand, describing it, and after acknowledgment of such declaration before any officer authorized to take acknowledgments of deeds, may have the same recorded by the clerk of the circuit court in the record of mortgages, in any county in which he may desire to own or have in possession saw logs.

History.-s. 2, ch. 4738, 1899; GS 1257; RGS 2394; CGL 3803.

536.15 May prevent use by others.-Any per­son who has had his brand recorded in any county, may prevent other persons from using the same in said county by a writ of injunction, restraining such use.

History.-s. 4, ch. 4738, 1899; GS 1258; RGS 2395; CGL 3804. cf.-Ch. 60 Injunctions.

536.16 Prima facie evidence of ownership.­Any log found in any county branded with a brand recorded in said county by any person shall be deemed prima facie to be the property of such per-son.

History.-s. 5, ch. 4738, 1899; GS 1259; RGS 2396; CGL 3805.

536.17 Where two or more brands the same. -In case there shall be recorded in the same county two or more brands the same, or substantially the same, the brand first recorded shall be the lawful brand, and the other shall be of no effect under this chapter.

History.-s. 6, ch. 4788, 1899; GS 1260; RGS 2397; CGL 3806.

536.18 Defacing the mark or brand oflumber and timber.-Ifany person shall fraudulently alter, change or deface the duly recorded mark, brand, or stamp of any lumber, logs or timber, or shall fraudu­lently mark, brand or stamp ariy unmarked or un­stamped or unbranded lumber, logs or timber, with intent to claim the same or to prevent identification

by the owner or owners thereof, the person so offend­ing shall be punished as if he had committed larceny of the same property.

History.-s. 1, ch. 4191, 1893; GS 3708; RGS 5659; CGL 7862.

536.19 Unlawful use of recorded log brand or stamp.-Any person who shall unlawfully use any recorded log brand or stamp of another shall be guil­ty of a misdemeanor of the second degree, punisha­ble as provided in s. 775.082 or s. 775.083.

History.-s. 3, ch. 4738, 1899; GS 3709; RGS 5660; CGL 7863; s. 525, ch. 71-136.

536.20 Inspection, buying or selling timber by illegal standard; penalty.-Any person buying or selling logs or square timber by any other meas­ure or scale than Doyle's Rule and Log Book, or any timber inspector willfully making return of any in­spection scale or measurement of timber except ac­cording to said book, shall be guilty of a misdemean­or of the second degree, punishable as provided in s. 775.082 or s. 775.083; provided, when it is mutually agreed between the buyer and the seller, a measure or scale other than Doyle's Rule Book may be adopt­ed and a survey can be made by a party other than a commissioned inspector.

History.-RS 2720, 2721; ss. 4, 5, ch. 3898, 1889; GS 3710; RGS 5661; CGL 7864; s. 526, ch. 71-136.

536.21 Penalty for false representations, etc. -Any commissioned timber inspector or other per­son furnishing specifications or certificates of in­spection of sawed pine timber in this state, who shall falsely represent, or fail to show on such specifica­tion or certificate, the classification of such timber by law, shall be guilty of a misdemeanor of the sec­ond degree, punishable as provided in s. 715.082 or s. 775.083.

History.-s. 6, ch. 4415, 1895; GS 37 11; RGS 5662; CGL 7865; s. 527, ch. 71-136.

536.22 Lumber, moisture content; enforce­ment.-

(1) All lumber 2 inches or less in thickness shall contain not more than 19 percent moisture content at the time such lumber is permanently installed into a structure or building used for human habita­tion. Such lumber shall at no time be less than American lumber standard sizes when such lumber is at 19 percent moisture content.

(2) It shall be the duty of every state attorney and sheriff, the Department of Agriculture and Consum­er Services or its duly authorized representative, and any other appropriate state and county official to enforce the provisions of this section. The afore­mentioned officials are authorized to make applica­tion for injunction to the proper circuit court and the judge of said court shall have jurisdiction upon hear­ing and for cause shown to grant a temporary or permanent injunction or both restraining any per­son from violating or continuing to violate any of the provisions of this section or from failing or refusing to comply with the requirements of this section, said injunction to issue without bond.

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F.S.1979 TIMBER AND LUMBER Ch. 536

(3) The installation of any lumber which does not conform to the provisions contained in subsection (1) shall be prohibited and any person installing such lumber in a structure or building for human habita-

tion shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-ss. 1, 2, ch. 61-209; s. 1, ch. 63-359; ss. 14, 35, ch. 69-106; s. 528, ch. 71-136; s. 26, ch. 73-334 .

1465

Ch. 540 COMMERCIAL DISCRIMINATION F.S.l979

CHAPTER 540

COMMERCIAL DISCRIMINATION

540.01 Unfair discrimination and competition pro­hibited; definition of commodity.

540.02 Duty of state attorneys, etc. 540.03 Complaints made to Department of State;

duty. 540.04 Department of State to revoke permit of

corporation found guilty of discrimina­tion.

540.05 Ouster of corporation found guilty. 540.06 Unfair commercial discrimination prohibit­

ed; penalty. 540.08 Unauthorized publication of name or like­

ness. 540.09 Unauthorized publication ofphotographs or

pictures of areas to which admission is charged.

540.10 Exemption from liability of news media. 540.11 Unauthorized copying of phonograph

records, disc, wire, tape, film or other arti­cle on which sounds are recorded.

540.01 Unfair discrimination and competi­tion prohibited; definition of commodity.-

(1) Any person doing business in the state, and engaged in the production, manufacture, sale or dis­tribution of any commodity in general use, that shall, for the purpose of destroying the business of a competitor in any locality, discriminate between dif­ferent sections, communities, or cities of this state by selling such commodity at a lower rate in one sec­tion, community or city, than is charged for said commodity by said party in another section, commu­nity or city, after making due allowance for the dif­ference, if any, in the grade or quality and in the actual cost of transportation from the point of pro­duction, if a raw product, or from the point ofmanu­facture, if a manufactured product, shall be deemed guilty of unfair discrimination, which is declared unlawful; provided, however, that nothing herein contained shall prevent discrimination in prices in the same or different sections, communities, or cities of this state made in good faith in an amount neces­sary to meet competition.

(2) As used in this chapter the word "commodi­ty" shall include any article, product, thing of value, service or output of a service trade.

History.-s. 1, ch. 6945, 1915; RGS 2517; CGL 3939; s. 1, ch. 61-323; s. 1, ch. 67-485. cf.-ss. 350.08, 350.32, 350.42 Discrimination in rates by rail carriers.

ss. 364.09, 364.12 Discrimination by telegraph and telephone.

540.02 Duty of state attorneys, etc.-The state attorneys and the Department of Legal Affairs shall enforce the provisions of s. 540.01 by appropriate actions in courts of competent jurisdiction.

History.-s. 3, ch. 6945, 1915; RGS 2518; CGL 3940; ss. 11, 35, ch. 69-106; s. 26, ch. 73-334.

540.03 Complaints made to Department of State; duty.-If complaint shall be made to the De­partment of State that any corporation authorized to do business in this state is guilty of unfair discrimi­nation within the terms of this chapter, the Depart­ment of State shall refer the matter to the Depart-

ment of Legal Affairs which may, if the facts justify it, institute proceedings in the courts against such corporation.

History.-s. 4, ch. 6945, 1915; RGS 2519; CGL 3941; ss. 10, 11, 35, ch. 69-106.

540.04 Department of State to revoke permit of corporation found guilty of discrimination.­If any corporation, foreign or domestic, authorized to do business in this state, is found guilty of unfair discrimination within the terms of this chapter, the Department of State shall immediately revoke the permit of such corporation to do business in this state.

History.-s. 5, ch. 6945, 1915; RGS 2520; CGL 3942; ss. 10, 35, ch. 69-106.

540.05 Ouster of corporation found guilty.­Ifafter revocation of its permit, such corporation, or any other corporation not having a permit and found guilty of having violated any of the provisions of this chapter, shall continue or attempt to do business in this state, the Department of Legal Affairs, by a proper suit in the name of the state, shall oust such corporation from all business of every kind and char­acter in this state.

History.-s. 6, ch. 6945, 1915; RGS 2521; CGL 3943; ss. 11, 35, ch. 69-106.

540.06 Unfair commercial discrimination prohibited; penalty.-Any person, firm, company, association or corporation violating any of the provi­sions of s. 540.01, and any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual shall be guilty of a misdemeanor of the first degree, punisha­ble as provided in s. 775.082 or s. 775.083.

History.-s. 2, ch. 6945, 1915; RGS 5668; CGL 7871; s. 530, ch. 71-136.

540.08 Unauthorized publication of name or likeness.-

(1) No person shall publish, print, display or oth­erwise publicly use for purposes of trade or for any commercial or advertising purpose the name, por­trait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by:

(a) Such person; or (b) Any other person, firm or corporation author­

ized in writing by such person to license the commer­cial use of his name or likeness; or

(c) If such person is deceased, any person, firm or corporation authorized in writing to license the com­mercial use of his name or likeness, or if no person, firm or corporation is so authorized, then by any one from among a class composed of his surviving spouse and surviving children.

(2) In the event the consent required in subsec­tion (1) is not obtained, the person whose name, por­trait, photograph, or other likeness is so used, or any person, firm, or corporation authorized by such per­son in writing to license the commercial use of his name or likeness, or, if the person whose likeness is used is deceased, any person, firm, or corporation having the right to give such consent, as provided hereinabove, may bring an action to enjoin such un-

1466

F.S.1979 COMMERCIAL DISCRIMINATION Ch. 540

authorized publication, printing, display or other public use, and to recover damages for any loss or injury sustained by reason thereof, including an amount which would have been a reasonable royal­ty, and punitive or exemplary damages.

(3) The provisions of this section shall not apply to:

(a) The publication, printing, display, or use of the name or likeness of any person in any newspa­per, magazine, book, news broadcast or telecast, or other news medium or publication as part of any bona fide news report or presentation having a cur­rent and legitimate public interest and where such name or likeness is not used for advertising pur­poses;

(b) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or prop­erty where such person has consented to the use of his name, portrait, photograph, or likeness on or in connection with the initial sale or distribution there­of; or

(c) Any photograph of a person solely as a mem­ber of the public and where such person is not named or otherwise identified in or in connection with the use of such photograph.

(4) No action shall be brought under this section by reason of any publication, printing, display, or other public use of the name or likeness of a person occurring after the expiration of forty years from and after the death of such person.

(5) As used in this section, a person's "surviving spouse" is the person's surviving spouse under the law ofhis domicile at the time of his death, whether or not the spouse has later remarried; and a person's "children" are his immediate offspring and any chil­dren legally adopted by him. Any consent provided for in subsection (1) shall be given on behalf of a minor by the guardian of his person or by either parent.

(6) The remedies provided for in this section shall be in addition to and not in limitation of the remedies and rights of any person under the com­mon law against the invasion of his privacy.

History.-s. 1, ch. 67-57.

540.09 Unauthorized publication of photo­graphs or pictures of areas to which admission is charged.-

(1) Any person who shall sell any photograph, drawing, or other visual representation of any area, building, or structure, the entry or admittance to which is subject to an admission charge or fee, or of any real or personal property located therein, or who shall use any such photograph, drawing, or other visual representation in connection with the sale or advertising of any other product, property or service, without the express written or oral consent of the owner or operator of the area, building, structure, or other property so depicted, shall be liable to such owner or operator for any loss, damage, or injury sustained by reason thereof, including an amount which would have been a reasonable royalty, and for punitive or exemplary damages, and such unauthor­ized sale or use may be enjoined.

(2) The provisions of this section shall not apply to:

(a) Photographs, drawings, or other visual repre­sentations in any newspaper, magazine, book, news broadcast or telecast, or other news medium or pub­lication as part of any bona fide news report or pre­sentation having a current and legitimate public in­terest and where such photographs, drawings, or other visual representations are not used for adver­tising purposes; or

(b) Photographs, drawings, or other visual repre­sentations in which the depiction of such property is incidental to the principal subject or subjects thereof and not calculated or likely to lead the viewer to associate such property with the sale, offering for sale or advertising of any property, product or ser­vice.

(3) Any person who by means of a tower or other structure to which directly or indirectly admission is charged shall permit any other person or persons to look into or view any previously established tourist attraction, the entry or admission to which for the purpose of viewing the same is subject to an admis­sion charge or fee, without the express written or oral consent of the owner or operator of such previ­ously established tourist attraction, shall be liable to the owner or operator of the previously established tourist attraction for any loss, damage or injury sus­tained by reason thereof and punitive or exemplary damages, and the use of a tower or other structure for such unauthorized viewing may be enjoined.

( 4) The remedies provided for in this section shall be in addition to and not in limitation of the remedies and rights of any person under the com­mon law against the unauthorized sale or use for purposes of trade or advertising of photographs, drawings, or other visual representations of his property.

Hlstory.-s. 1, ch. 67-57; s. 1, ch. 69-243.

540.10 Exemption from liability of news me­dia.-No relief may be obtained under s. 540.08 or s. 540.09, against any broadcaster, publisher or distrib­utor broadcasting, publishing or distributing paid advertising matter by radio or television or in a newspaper, magazine, or similar periodical without knowledge or notice that any consent required by s. 540.08 or s. 540.09, in connection with such advertis­ing matter has not been obtained, except an injunc­tion against the presentation of such advertising matter in future broadcasts or in future issues of such newspaper, magazine, or similar periodical.

Hlstory.-s. 1, ch. 67-57.

540.11 Unauthorized copying of phonograph records, disc, wire, tape, film or other article on which sounds are recorded.-

(1) As used in this section, unless the context oth­erwise requires:

(a) "Owner" means the person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master film, or other device used for reproducing sounds on phonograph records, discs, tapes, films, or other arti­cles upon which sound is recorded, and from which the transferred recorded sounds are directly or indi­rectly derived.

1467

Ch. 540 COMMERCIAL DISCRIMINATION F.S.l979

(b) "Performer" means the person or persons ap­pearing in a performance.

(2)(a) It is unlawful: 1. Knowingly and willfully and without the con­

sent of the owner, to transfer or cause to be trans­ferred any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with the intent to sell, or cause to be sold, for profit such article on which sounds are so transferred.

2. Knowingly and willfully and without the con­sent of the performer, to transfer to or cause to be transferred to any phonograph record, disc, wire, tape, film, or other article any performance, wheth­er live before an audience or transmitted by wire or through the air by radio or television, with the in­tent to sell, or cause to be sold, for profit or to be used to promote the sale of any product or such article onto which such performance is so transferred.

(b) Any person violating any provision of para­graph (a) of this subsection shall be guilty of a felony of the third degree, punishable as provided in ss. 775.082, 775.083, or 775.084.

(3)(a) It is unlawful: 1. To sell or offer for sale any article with the

knowledge, or with reasonable grounds to know, that the sounds thereon have been transferred without the consent of the owner.

2. To sell or offer for sale any article embodying any performance, whether live before an audience or transmitted by wire or through the air by radio or television, recorded without the consent of the per­former .

3. To sell or resell, or possess for such purposes,

any phonograph record, disc, wire, tape, film, or oth­er article on which sounds are recorded, unless the outside cover, box, or jacket clearly and conspicuous­ly discloses the actual name and address of the man­ufacturer thereof, and the name of the actual per­former or group.

(b) Any person violating any provision of para­graph (a) ofthis subsection shall be guilty of a misde­meanor of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Any recorded article produced in violation of subsections (2) and (3), or any equipment or compo­nents used in the production thereof, shall be subject to seizure and forfeiture and destruction by the seiz­ing law enforcement agency.

(5) Possession of 5 or more duplicate copies or 20 or more individual copies of such recorded articles, produced without the consent of the owner or per­former, shall create a rebuttable presumption that such articles are intended for sale or distribution in violation of subsections (2) or (3).

(6) This section shall neither enlarge nor dimin­ish the right of parties in private litigation.

(7) This section does not apply: (a) To any broadcaster who, in connection with,

or as part of, a radio, television, or cable broadcast transmission, or for the purpose of archival preser­vation, transfers any such sounds recorded on a sound recording.

(b) To any person who transfers such sounds in the home for personal use and without compensation for such transfer.

History.-ss. 1, !A, ch. 71-102; s. 2, ch. 77-440; s. 221, ch. 79-400. Note.-Former s. 543.041.

1468

F.S.1979 COMBINATIONS RESTRICTING TRADE OR COMMERCE Ch. 542

CHAPTER 542

COMBINATIONS RESTRICTING TRADE OR COMMERCE

542.01 Definitions; "trust," "commodity." 542.02 Forfeiture of charter of domestic corpora­

tions for violations. 542.03 Dissolution proceedings instituted by De­

partment of Legal Affairs, etc. 542.04 Foreign corporation violating chapter de-

nied right to do business in state. 542.05 Combinations prohibited; penalty. 542.06 Sufficiency of indictment. 542.07 Rule of evidence. 542.08 Criminal liability of nonresident. 542.09 Daily penalty for continued violations. 542.10 Contract in violation of chapter void. 542.11 Officers authorized to subpoena witnesses

to testify as to violations; testimony of witnesses.

542.12 Contracts in restraint of trade invalid; ex­ceptions.

542.13 Discriminatory trade practices.

542.01 Definitions; "trust," "commodity." -(1) A "trust" is a combination of capital, skill or

acts by two or more persons, firms, corporations or associations of persons, or either two or more of them, for either, any or all of the following purposes:

(a) To create or carry out restrictions in trade or commerce, or aids to commerce, or to create or carry out restrictions in the full and free pursuit of any business authorized or permitted by the laws of this state;

(b) To increase or reduce the price of merchan­dise, produce or commodity;

(c) To prevent competition in manufacture, mak­ing, transportation, sale or purchase of merchandise, produce or commodities, or to prevent competition in aids to commerce;

(d) To fix at any standard or figure, whereby its price to the public shall be in any manner controlled or established, any article or commodity of merchan­dise, produce or commerce intended for sale, use or consumption in this state; or,

(e) Except as otherwise provided in chapter 541, to make or enter into or execute or carry out any contract, obligation, or agreement of any kind or description by which they shall bind or have bound themselves not to sell, dispose of or transport any article, commodity or article of trade, use, merchan­dise, commerce or consumption below a common standard figure, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graded figure, or by which they shall in any manner establish or settle the price of any article or commodity or transporta­tion between them or themselves and others to pre­clude a free and unrestricted competition among themselves or others in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale or trans­portation of any such article or commodity that its

price might in any manner be am~cted.

Provided, however, that no agricultural or horticul­tural nonprofit cooperative association organized and incorporated under the laws of the state nor the members, officers, agents or employees thereof or any of them, as such, shall be deemed to be a trust, a combination in restraint of trade, an illegal monop­oly or any attempt to lessen competition or fix prices arbitrarily, nor shall the marketing contracts or agreements between any such association and its members, or between any two or more of such associ­ations, be deemed to be a trust, or be considered illegal or in restraint of trade.

(2) As used in this chapter, the word "commodi­ty" shall include any article, product, merchandise, thing of value, service or output of a service trade.

History.-s. 1, ch. 6933, 1915; RGS 5719; s. 1, ch. 10283, 1925; CGL 7944; s. 1, ch. 61-324. cf.-s. 448.045 Wrongful combinations against workmen.

s. 544.01 et. seq. Combinations against Florida meat. s. 545.01 et. seq. Combinations restricting financing of motor vehicles. s. 617.15, Corporation marketing commercial sponges. s. 618.17 Marketing contracts of agricultural cooperative marketing asso­

ciations. s. 618.21 Agricultural cooperatives not in restraint of trade. s. 619.02 Associations not in restraint of trade.

542.02 Forfeiture of charter of domestic cor­porations for violations.-Any corporation hold­ing a charter under the laws of the state which shall violate any of the provisions of this chapter shall forfeit its charter and franchise, and its corporate existence shall cease.

History.-s. 2, ch. 6933, 1915; RGS 5720; CGL 7945.

542.03 Dissolution proceedings instituted by Department of Legal Affairs, etc.-For a violation of any ofthe provisions ofthis chapter by any corpo­ration mentioned herein, the Department of Legal Affairs or any state attorney upon his own motion, and without leave or order of any court or judge, shall institute suit or quo warranto proceedings for the forfeiture of its charter rights and franchises and the dissolution of its corporate existence.

History.-s. 3, ch. 6933, 1915; RGS 5721; CGL 7946; ss. 11, 35, ch. 69-106.

542.04 Foreign corporation violating chap­ter denied right to do business in state.-Every foreign corporation violating any ofthe provisions of this chapter is denied the right and prohibited from doing business within this state. The Department of Legal Affairs shall enforce this provision by injunc­tion, or other proper proceedings, in the name of the state.

History.-s. 4, ch. 6933, 1915; RGS 5722; CGL 7947; ss. 11 , 35, ch. 69-106.

542.05 Combinations prohibited; penalty.­(1) Any person who shall or may become engaged

in any combination of capital, skill or acts by two or more persons, firms, corporations or associations of persons or of either two or more of them, for either, any or all of the following purposes:

(a) To create or carry out restrictions in trade or commerce or aids to commerce, or to create or carry out restrictions in the full and free pursuit of any

1469

Ch. 542 COMBINATIONS RESTRICTING TRADE OR COMMERCE F.S.1979

business authorized or permitted by the laws of this state;

(b) To increase or reduce the price of merchan­dise, produce or commodities;

(c) To prevent competition in the manufacture, making, transportation, sale, or purchase of mer­chandise, produce, or commodities, or to prevent competition in aids to commerce;

(d) To fix at any standard or figure whereby its price to the public shall be in any manner controlled or established any article or commodity of merchan­dise, produce, or commerce intended for sale, use, or consumption in this state; or,

(e) Except as otherwise provided in chapter 541, to make or enter into or execute or carry out any contract, obligation, or agreement of any kind or description by which they shall bind or have bound themselves not to sell, dispose of, or transport any article or commodity, or article of trade, use, mer­chandise, commerce, or consumption below a com­mon standard figure, or by which they shall agree in any manner to keep the price of such article, com­modity, or transportation at a fixed or graduated figure, or by which they shall in any manner estab­lish or settle the price of any article or commodity or transportation between themselves and others to preclude a free and unrestricted competition among themselves and others in the sale or transportation of any such article or commodity or by which they shall agree to pool, combine, or unite any interest they may have in connection with the sale or trans­portation of any such article or commodity that its prices may in any manner be affected

or any person who shall aid or advise in the creation or carrying out of any such combination, or knowing­ly carry out any ofthe stipulations, purposes, prices, rates, directions, conditions or orders of such combi­nations, as principal, manager, director, agent, serv­ant, or employee, or in any other capacity, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each day during a violation of this provision shall consti­tute a separate offense.

(2) Provided, however, that no agricultural or horticultural nonprofit cooperative association or­ganized and incorporated under the laws of the state, nor the members, officers, agents or employees thereof, or any of them as such, shall be deemed to be a combination prohibited under the meaning of this section nor shall the marketing contracts or agreements between any such association and its members, or between any two or more of such associ­ations, be deemed to have created a combination pro­hibited herein.

History.-s. 5, ch. 6933, 1915; RGS 5723; s. 2, ch. 10283, 1925; CGL 7948; s. 531, ch. 71-136. cf.--Cross references under s. 542.01.

s. 542.10 Contract violating chapter void.

out giving its name or description, or how, when, or where it was created.

History.-s. 6, ch. 6933, 1915; RGS 5724; CGL 7949.

542.07 Rule of evidence.-In prosecutions un­der this chapter it shall be sufficient to prove that a trust or combination exists, and that the defendant or defendants belonged to it or acted for or in connec­tion with it, without proving all members belonging to it, or providing or producing any article of agree­ment or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all. General reputation may be given in evidence in all prosecutions of alleged combinations under the provisions of this chapter.

History.-s. 7, ch. 6933, 1915; RGS 5725; CGL 7950.

542.08 Criminal liability of nonresident.­Persons out of the state may commit and be liable to indictment and conviction for committing any of the offenses enumerated in this chapter, which do not in their commission necessarily require a personal presence in this state, the object being to reach and punish all persons violating its provisions, whether within or without this state.

History.-s. 8, ch. 6933, 1915; RGS 5726; CGL 7951.

542.09 Daily penalty for continued viola­tions.-Every person who shall in any manner vio­late any of the provisions of this chapter, shall, for each day that such violation shall be committed or continued, forfeit and pay the sum of$50, which may be recovered in the name of the state in any county where the offense is committed. The Department of Legal Affairs and state attorneys shall prosecute for and recover the same.

History.-s. 9, ch. 69-33, 1915; RGS 5727; CGL 7952; ss. 11, 35, ch. 69-106; s. 26, ch. 73-334.

542.10 Contract in violation of chapter void. -Any contract or agreement in violation of the pro­visions of this chapter shall be void and not enforcea­ble either in law or equity.

History.-s. 10, ch. 6933, 1915; RGS 5728; CGL 7953.

542.11 Officers authorized to subpoena wit· nesses to testify as to violations; testimony of witnesses.-Any court, officer, or tribunal having jurisdiction of the offense defined in this chapter, the Department of Legal Affairs, any state attorney, or any grand jury may subpoena persons and compel their attendance as witnesses to testify as to the violation of any of the provisions of this chapter. Any person so summoned and examined shall not be lia­ble to prosecution for any violation of this chapter about which he may testify fully and without reser­vation.

History.-s. 11, ch. 6933, 1915; RGS 5729; CGL 7954; ss. 11, 35, ch. 69-106; s. 26, ch. 73-334.

542.12 Contracts in restraint of trade invalid; exceptions.-

(!) Every contract by which anyone is restrained 542.06 Sufficiency of indictment.-In any in- from exercising a lawful profession, trade or busi­

dictment or information for an offense named in this ness of any kind, otherwise than is provided by sub­chapter it is sufficient to state the effects or purposes sections (2) and (3) hereof, is to that extent void. of the trust or combination, and that the accused was (2)(a) One who sells the goodwill of a business, or a member of, acted with, or in pursuance of it, with- any shareholder of a corporation selling or o~herwise

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F.S.1979 COMBINATIONS RESTRICTING TRADE OR COMMERCE Ch. 542

disposing of all ofhis shares in said corporation, may agree with the buyer, and one who is employed as an agent or employee may agree with his employer, to refrain from carrying on or engaging in a similar business and from soliciting old customers of such employer within a reasonably limited time and area, so long as the buyer or any person deriving title to the goodwill from him, and so long as such employer continues to carry on a like business therein. Said agreements may, in the discretion of a court of com­petent jurisdiction, be enforced by injunction.

(b) The licensee, or any person deriving title from the licensee, of the use of a trademark and identifiable business format or system may agree with the licensor to refrain from carrying on or en­gaging in a similar business and from soliciting old customers of such licensor within a reasonably limit­ed time and area, so long as the licensor, or any person deriving title from the licensor, continues to carry on a like business therein. Said agreements may, in the discretion of a court of competent juris­diction, be enforced by injunction.

(3) Partners may, upon or in anticipation of a dissolution of the partnership, agree that all or some of them will not carry on a similar business within a reasonably limited time and area.

(4) This section does not apply to any litigation which may be pending, or to any cause of action which may have accrued, prior to May 27, 1953.

Hlstory.-ss. 1-4, ch. 28048, 1953; s. 1, ch. 79-43.

542.13 Discriminatory trade practices.-(!) It is an unlawful trust and an unlawful re­

straint of trade for any person who is chartered by, or authorized to do business in, this state to:

(a) Grant or accept any letter of credit, or other document which evidences the transfer of funds or

credit, or enter into any contract for the exchange or purchase of commodities when the letter of credit, contract, or other document contains any provision which requires such person to discriminate against, or to certify that it has not dealt or will not deal with, any other person on the basis of sex, race, color, religion, ancestry, or national origin, or on the basis of a person's lawful business associations, in order to comply with, further, or support a foreign boycott.

(b) Refuse to grant or accept any letter of credit, or other document which evidences the transfer of funds or credit, or refuse to enter into any contract for the exchange of commodities, on the ground that it does not contain such a discriminatory provision or certification as is described in paragraph (a) in order to comply with, further, or support a foreign boycott.

(c) Request or furnish information with regard to, or reflective of, a person's race, religion, sex, eth­nic or national origin, or presence or absence on a blacklist, for the use of a foreign country or its na­tionals or residents, in order to comply with, further, or support a foreign boycott.

(d) Request or furnish information with regard to, or reflective of, the place where commodities were not manufactured or did not originate, for the use of a foreign country or its nationals or residents, in order to comply with, further, or support a foreign boycott.

(2) The prohibition against discrimination on the basis of a person's business associations shall not include the requiring of association with particular employment or a particular group as a prerequisite to obtaining group rates or discounts on insurance, recreational activities, or other similar benefits.

History.-s. 1, ch. 77-9; s. 222, ch. 79-400.

1471

Ch. 544 COMBINATIONS AGAINST FLORIDA MEATS F.S.1979

CHAPTER 544

COMBINATIONS AGAINST FLORIDA MEATS

544.01 Certain combinations against public policy. 544.02 Forfeiture of charter. 544.03 Jurisdiction of circuit court. 544.04 Duty of state attorney. 544.05 Compelling testimony of witnesses. 544.06 Florida meats; combinations against sale of;

penalty.

544.01 Certain combinations against public policy.-Every arrangement, contract, agreement, trust or combination between persons made with a view to, or tending to prevent, hinder or obstruct the lawful sale in this state, or any place therein, of beef or other fresh meat of cattle or any other edible animal raised, fattened or fed in the state, or any other beef or fresh meat, or with a view to, or tending to prevent, hinder or obstruct the lawful sale of any cattle or other edible animal in this state, or any place therein, or which shall tend to monopolize or control the sale or price of beef or other fresh meat in this state, or any place therein, is declared to be against public policy.

History.-s. 1, ch. 4534, 1897; GS 3160; RGS 4986; CGL 7075. cf.-s. 542.01 et seq. Combinations in restra int of trade.

544.02 Forfeiture of charter.-Any corpora­tion chartered under the laws of this state, which shall violate any of the provisions of s. 544.01, shall forfeit its charter and franchises, and its corporate existence shall thereupon cease. Every foreign cor­poration which shall violate any of the provisions of s. 544.01 is prohibited from doing business in this state. The Department of Legal Affairs shall enforce this provision by due process of law.

History.-s. 2, ch. 4534, 1897; GS 3161; RGS 4987; CGL 7076; ss. 11, 35, ch. 69-106.

544.03 Jurisdiction of circuit court.-The cir­cuit courts of this state are given jurisdiction in chancery, and shall restrain or enjoin any violation of this chapter in their respective circuits, and shall restrain or enjoin any raising or lowering the price of beef or other fresh meat in any place in such several circuits with intent to or tending to prevent, hinder or obstruct the sale of beef or other fresh meat or cattle or any other edible animal raised, fattened or fed in the state, or any other beef or fresh meat, or with intent to or tending to prevent, hinder or obstruct the lawful sale of any cattle or other edible animal in any such place.

History.-s. 4, ch. 4534, 1897; GS 3162; RGS 4988; CGL 7077.

544.04 Duty of state attorney.-The state at­torneys shall institute and prosecute all proper suits in their respective circuits in the name of the state

to enforce this chapter. Any citizen of this state also may institute and prosecute suit in his own name to enforce this chapter. In case decree shall be rendered in the circuit court in favor of the plaintiff, whether the state or an individual, the court may decree that the defendant or defendants pay a reasonable fee in the cause for the state attorney or plaintiff's solicitor therein. Nothing herein contained shall operate or be construed to deprive any person of any right to any damages, or of any remedy to recover damages which such person would have without this chapter in or about matter mentioned or included in this chapter.

History.-s. 4, ch . 4534, 1897; GS 3163; RGS 4889; CGL 7078.

544.05 Compelling testimony of witnesses.­No person shall be excused from attending and testi­fying, or from producing books, papers, contracts, agreements, and documents on subpoena for the state, or as witness for the state, or on cross-exami­nation for the state, in any prosecution, suit or pro­ceeding, criminal or civil, authorized by or based upon this chapter or growing out of any violation thereof, when such prosecution, suit or proceeding is in the name of the state and prosecuted or carried on by the Department of Legal Affairs or state attorney, for the reason that the testimony or evidence, docu­mentary or otherwise, required of him, may tend to incriminate him or subject him to a penalty or forfei­ture. But no such person shall be prosecuted or sub­jected to any penalty or forfeiture on account of any transaction, matter or thing concerning which he may so testify or produce evidence; provided, that no person so testifying shall be exempt from prosecu­tion and punishment for perjury committed in so testifying.

History.-s. 5, ch. 4534 , 1897; GS 3164; RGS 4990; CGL 7079; ss. 11, 35, ch. 69-106.

544.06 Florida meats; combinations against sale of; penalty .-Any violation of any provisions of law relating to combinations against the sale of Flor­ida meat is declared to be destructive of free competi­tion and a conspiracy against trade, and any person who may engage in such conspiracy, or who shall, as principal, manager, director or agent, or in any oth­er capacity, knowingly carry out any of the stipula­tions, purposes, prices, rates or orders made in fur­therance of such conspiracy, shall be guilty of a mis­demeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 3, ch. 4534 , 1897; GS 3516; RGS 5402; CGL 7543; s. 534, ch. 71-136.

1472

F.S.1979 COMBINATIONS RESTRICTING FINANCING OF MOTOR VEHICLES Ch. 545

CHAPTER 545

COMBINATIONS RESTRICTING FINANCING OF MOTOR VEHICLES

545.01 Definitions of terms used in chapter. 545.02 Contracts designating finance company

through which sale of motor vehicle to be financed declared void.

545.03 Threats by manufacturer or wholesaler as prima facie evidence of intent to violate law.

545.04 Threats by finance company presumed to be made by manufacturer or wholesaler.

545.05 Paying or giving anything to finance com­pany to lessen competition prohibited.

545.06 Acceptance of anything of value by finance company resulting in lessening competi­tion prohibited.

545.07 Acceptance ofbenefits by finance company for purpose of lessening competition pro­hibited.

545.08 Department of Legal Affairs or state attor­ney to institute suit upon violation oflaw.

545.09 Department of Legal Affairs to enjoin viola­tions by foreign corporations; revocation of license by Department of State.

545.10 Contract in violation of law declared void. 545.11 Remedy for persons injured by violation of

law. 545.12 Penalty for violations of chapter.

545.01 Definitions of terms used in chapter.­(!) The term "person" as used in this chapter

means any individual, firm, corporation, partner­ship, association, trustee, receiver or assignee for the benefit of creditors.

(2) The terms "sell," "sold," "buy" and "pur­chase," as used in this chapter, include exchange, barter, gift, and offer to contract to sell or buy.

(3) The term "manufacturer" means any person engaged, directly or indirectly, in the manufacture of motor vehicles.

(4) The term "wholesale distributor" means any person engaged, directly or indirectly, in the sale or distribution of motor vehicles to agents or to dealers.

(5) The term "dealer" means any person who is engaged in, or who intends to engage in the business of selling motor vehicles at retail in this state. The term "dealer" shall also include "retail agent."

(6) The term "finance company" means any per­son engaged in the business of financing the sale of motor vehicles, or engaged in the business of pur­chasing or acquiring conditional bills of sale, or promissory notes, either secured by vendor's lien or chattel mortgages, or arising from the sale of motor vehicles in this state.

History.-s. 13, ch. 18031, 1937; CGL 1940 Supp. 4151(459).

545.02 Contracts designating finance compa· ny through which sale of motor vehicle to be financed declared void.-It is unlawful for any manufacturer or wholesale distributor of motor ve­hicles to sell or contract for the sale of motor vehicles to any motor vehicle dealer on the condition, or with the agreement or understanding, expressed or im­plied, that such dealer shall in any manner finance the purchase or sale of any one or number of motor

vehicles only through a designated finance company or shall sell and assign the conditional sales con­tracts or chattel mortgages or other paper arising from the sale of motor vehicles or any one or number thereof only to a designated finance company, when the effect of the condition, agreement or understand­ing so entered into may be to lessen or eliminate competition, or create or tend to create a monopoly in the finance company who is designated, by virtue of such condition, agreement or understanding to finance the purchase or sale of motor vehicles, or to purchase such conditional sales contract, chattel mortgages or other paper, and any such condition, agreement, or understanding is declared to be void and against the public policy of this state.

History.-s. 1, ch. 18031, 1937; CGL 1940 Supp. 4151(460). cf.-s. 542.01 et seq. Combinations restricting trade or commerce.

545.03 Threats by manufacturer or wholesal­er as prima facie evidence of intent to violate law.-Any threat, expressed or implied, made di­rectly or indirectly to any motor vehicle dealer, by any manufacturer, or wholesale distributor on au­thority or with the knowledge of any such manufac­turer, or wholesale distributor, that such person will discontinue to sell, or will terminate a contract to sell motor vehicles to such dealer unless such dealer finances the purchase or sale of motor vehicles only with or through a designated finance company or sells and assigns the conditional sales contracts, chattel mortgages, or other paper arising from his retail sales of motor vehicles only to a designated finance company, shall be prima facie evidence of the fact that such manufacturer or wholesale dis­tributor has sold or intends to sell motor vehicles, on the condition or with the agreement or understand­ing prohibited in s. 545.02.

History.-s. 2, ch. 18031, 1937; CGL 1940 Supp. 4151(461).

545.04 Threats by finance company pre­sumed to be made by manufacturer or wholesal­er.-Any threat, express or implied, made directly or indirectly to any motor vehicle dealer by any fi­nance company or agent thereof, who is affiliated with or controlled by any manufacturer or wholesale distributor of motor vehicles, that such manufactur­er or wholesale distributor will terminate his con­tract with or cease to sell motor vehicles to such dealer unless such dealer finance the purchase or sale of motor vehicles only with or through a desig­nated finance company or sells and assigns the con­ditional sales contracts, chattel mortgages, or other paper arising from his retail sales of motor vehicles only to a designated finance company, shall be pre­sumed to be made at the direction of and with the authority of such manufacturer or wholesale distrib­utor of motor vehicles, and shall be prima facie evi­dence of the fact that such manufacturer or whole­sale distributor of motor vehicles has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited in s. 545.02.

History.-s. 3, ch. 18031, 1937; CGL 1940 Supp. 4151(462).

1473

Ch. 545 COMBINATIONS RESTRICTING FINANCING OF MOTOR VEHICLES F.S.1979

545;05 Paying or giving anything to finance company to lessen competition prohibited.-It is unlawful for any manufacturer or wholesale distrib­utor of motor vehicles, to pay or give, or contract to pay or give any thing or service of value to any fi­nance company ifthe effect of any such payment or the giving of any such thing or service of value may be to lessen or eliminate competition, or tend to cre­ate or create a monopoly in the finance company which receives or accepts such thing or service of value.

History.-s. 4, ch. 18031, 1937; CGL 1940 Supp. 4151(463).

545.06 Acceptance of anything of value by fi­nance company resulting in lessening competi­tion prohibited.-It is unlawful for any finance company to accept or receive, or contract or agree to accept or receive, either directly or indirectly, any payment, thing or service of value from any manu­facturer or wholesale distributor of motor vehicles, if the effect of the acceptance or receipt of any such payment, thing, or service of value may be to lessen or eliminate competition, or to create or tend to cre­ate a monopoly in the person who accepts or receives such payment, thing, or service of value, or contracts or agrees to accept or receive the same.

History.-s. 5, ch. 18031, 1937; CGL 1940 Supp. 4151(464).

545.07 Acceptance of benefits by finance company for purpose of lessening competition prohibited.-It is unlawful for any finance compa­ny who accepts or receives, either directly or indi­rectly, any payment, thing, or service of value, as set forth in s. 545.06, or contracts, either directly or indirectly, to receive any such payment or thing or service of value, to thereafter finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales con­tracts, chattel mortgages or other paper on motor vehicles sold at retail in this state.

History.-s. 6, ch. 18031, 1937; CGL 1940 Supp. 4151(465).

545.08 Department of Legal Affairs or state attorney to institute suit upon violation of law. -For a violation of any of the provisions of this chapter by any corporation mentioned herein, the Department of Legal Affairs or the state attorney of the proper county shall institute proper suits or quo warranto proceedings in any court of competent ju­risdiction for the forfeiture of its charter rights, fran­chises or privileges and powers exercised by such corporation, and for the dissolution of the same un­der the general statutes of the state.

History.-s. 7, ch. 18031, 1937; CGL 1940 Supp. 4151(466); ss. 11, 35, ch. 69-106.

545.09 Department of Legal Affairs to enjoin violations by foreign corporations; revocation

of license by Department of State.-Every foreign corporation, as well as every foreign association, ex­ercising any of the powers, franchises or functions of a corporation in this state, violating any of the provi­sions of this chapter, is denied the right and prohibit­ed from doing any business in this state, and the Department of Legal Affairs shall enforce this provi­sion by bringing proper proceedings by injunction, or otherwise. The Department of State may revoke the license of any such corporation or association au­thorized by it to do business in this state.

History.-s. 8, ch. 18031, 1937; CGL 1940 Supp. 4151(467); ss. 10, 11, 35, ch. 69-106.

545.10 Contract in violation of law declared void.-Any contract or agreement in violation of the provisions of this chapter shall be void and shall not be enforceable either in law or equity.

History.-s. 10, ch. 18031, 1937; CGL 1940 Supp. 4151(468).

545.11 Remedy for persons injured by viola­tion of law.-In addition to the criminal and civil penalties herein provided, any person who is injured in his business or property by any other person, by reason of anything forbidden or declared to be un­lawful by this chapter, may sue therefor in any court having jurisdiction thereof in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, and re­cover twofold the damages sustained by him, and the costs of suit. When it shall appear to the court before whom any proceeding under this chapter is pending, that the ends of justice require that other parties be brought before the court, the court may cause them to be made parties defendant and summoned, wheth­er they reside in the county where such action is pending, or not.

History.-s. 12, ch. 18031, 1937; CGL 1940 Supp. 4151(469).

545.12 Penalty for violations of chapter.­AT).y person who violates any of the provisions of this chapter, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by this chapter, and any em­ployee, agent, or officer of any such person, who shall participate, in any manner, in making, executing, enforcing, performing or in urging, aiding or abet­ting in the performance of any such contract, condi­tion, agreement or understanding and any person who pays or gives or contracts to pay or give any thing or service of value prohibited by this chapter, and any person who receives or accepts or contracts to receive or accept any thing or service of value prohibited by this chapter, shall be guilty of a misde­meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 9, ch. 18031, 1937; CGL 1940 Supp. 8135(39); s. 535, ch. 71-136.

1474

F.S.1979 PUGILISTIC EXHIBITIONS Ch. 548

CHAPTER 548

PUGILISTIC EXHIBITIONS

548.01 Prizefighting, pugilistic exhibitions; penal-ty.

548.02 Second, stakeholder, etc.; penalty. 548.03 "Pugilistic exhibition" defined. 548.04 Physician.

548.01 Prizefighting, pugilistic exhibitions; penalty.-Any person who shall voluntarily engage in any pugilistic exhibition, fight or encounter, with or without gloves, for money or anything of value, or upon the result of which any money or anything of value is to be collected, acquired, bet or wagered, or to see which any admission fee is charged, directly or indirectly, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 1, ch. 4402, 1895; GS 3253; RGS 5084; CGL 7186; s. 1, ch. 71-12; s. 536, ch. 71-136.

548.02 Second, stakeholder, etc.; penalty.­(1) Any person who shall act as second, stake­

holder, counselor or advisor, or who shall render aid of any such character, for or to the principal or ei­ther of them in such exhibition, encounter, or fight shall be deemed a principal in the offense, and shall be punished as prescribed in s. 548.01.

(2) The sheriff or his deputies, in any county where there is cause to believe that such an encoun­ter or contest is about to occur, shall enter any house or enclosure, or any other place, and arrest, without warrant, any party engaged or about to engage in such contest.

History.- s. 2, ch. 4402, 1895; GS 3254; RGS 5085; CGL 7187.

548.03 "Pugilistic exhibition" defined.-The term "pugilistic exhibition, encounter or fight, with or without gloves," as used in this chapter, means any voluntary fight or personal encounter, by blows, between two or more persons, for money, prize of any character, points, distinction or fame, or other thing

of value, or upon the results ofwhich any money or thing of value is bet or wagered, or for which an admission fee is charged, directly or indirectly; pro­vided, that nothing contained herein or in any law or municipal regulation shall be construed as apply­ing to boxing exhibitions held by and under the aus­pices of the American Legion, Disabled American Veterans, Veterans of Foreign Wars of the United States, Spanish-American War Veterans, or compa­nies or detachments of the Florida National Guard, Y. M . C. A., Jaycees, Knights of Columbus, or any college which is a member of any recognized ama­teur athletic association and the Circulo Cubana Club, a charitable organization now in existence, whether an admission fee is charged or not; provided further, that nothing contained herein shall be con­strued to prohibit any municipality from exercising its police powers to regulate boxing and wrestling exhibitions held under the auspices of the above­named organizations.

History.-s. 3, ch. 4402, 1895; GS 3255; RGS 5086; s. 1, ch. 12213, 1927; CGL 7188; s. 1, ch. 14831, 1931; s. 1, ch. 17179, 1935; s. 1, ch. 26729, 1951; s. 1, ch. 57-782; s. 1, ch. 70-293.

548.04 Physician.-At any boxing, sparring or wrestling match or exhibition permitted under s. 548.03 there shall be in attendance a duly licensed physician, whose duty it shall be to observe the phys­ical condition of the boxers or wrestlers and advise the referee or judges with regard thereto; any com­petent physician who has not had less than 3 years' experience as a practitioner-may be licensed. No box­er or wrestler shall be permitted to enter the ring unless, not more than 3 hours before, a physician shall certify in writing that the boxer or wrestler is physically fit to engage in the proposed contest. The physician's fee shall be paid by the licensee conduct­ing the match or exhibition.

History.-s. 1, ch. 57-154.

1475

Ch. 549 AUTOMOBILE RACE MEETS F.S.1979

CHAPTER 549

AUTOMOBILE RACE MEETS

549.01 Holding automobile race meets; notice to sheriff.

549.02 Duties of sheriffs. 549.03 Sheriff to exclude from course vehicles and

persons. 549.04 Association holding race to pay sheriffs

fees. 549.05 Holding race meet without notice to sheriff;

penalty. 549.06 Failure of person to remove from automo­

bile racecourse; penalty.

549.01 Holding automobile race meets; no­tice to sheriff.-Any persons intending to hold any automobile race meet in any public place within the state shall give notice thereof in writing to the sher­iff of the county wherein it is proposed to hold such race meet, at least 10 days prior to the holding there­of, stating the time when and the place where such race meet is to occur. Notice shall be given to the sheriff of each county into which any such meet shall extend.

History.-s. 1, ch. 5438, 1905; RGS 2359; CGL 3763.

549.02 Duties of sheriffs.-Every sheriff who shall receive the notice provided for ins. 549.01, or who shall have other notice or knowledge of the pro­posed occurrence of any race meet within his county, shall forthwith take such measures as shall be rea­sonably necessary for the safeguarding of the public and the protection of persons from injury while such race shall be in progress. Every sheriff may appoint a sufficient number of deputies to thoroughly police the course over which such race is to take place, and may designate and maintain the boundaries pre­scribed for such course by stakes, ropes or otherwise, wherever it may seem necessary.

History.- s. 2, ch. 5438, 1905; RGS 2360; CGL 3764.

549.03 Sheriff to exclude from course vehi­cles and persons.-Every sheriff and every deputy appointed by him shall exclude from the course over which any race shall be about to occur, and at least 30 minutes prior to the starting thereof, all animals, vehicles and persons, except those officiating or par-

ticipating in such race, and their assistants, and shall keep such course free from the intrusion of any animal, vehicle or person, except as above-provided, for a period beginning at least 30 minutes prior to the starting of such race and extending during the whole time such race shall be in progress.

History.-s. 3, ch. 5438, 1905; RGS 2361; CGL 3765.

549.04 Association holding race to pay sher­iff's fees.-Every sheriff and deputy sheriff partici­pating in the policing of any racecourse, as provided in this chapter, shall receive the sum of $2 per day during the period in which such races are in progress, which shall be paid by the persons holding the races.

History.-s. 5, ch. 5438, 1905; RGS 2362; CGL 3766.

549.05 Holding race meet without notice to sheriff; penalty.-Any person participating in any automobile race meet in any public place within this state, when the notice required to be given to the sheriff of the county wherein it is proposed to hold such race meet as required by this chapter has not been given, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.

History.-s. 1, ch. 5438, 1905; RGS 5644; CGL 7839; s. 537, ch . 71·136.

549.06 Failure of person to remove from au­tomobile racecourse; penalty.-Any person, ex­cept those officiating or participating in such race, and their assistants, who, upon being requested so to do by the sheriff or deputy sheriff, shall fail or refuse to move beyond the boundaries of the course over which any automobile race is about to occur, or who shall fail or refuse to remove from within such boundaries any animal or vehicle owned or con­trolled by him, or who shall knowingly enter within such boundaries after being warned therefrom by such sheriff or deputy sheriff, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083, and shall be subject to imme­diate arrest and removal by such sheriff or deputy sheriff.

History.-s. 4, ch. 5438, 1905; RGS 5645; CGL 7840; s. 538, ch. 71·136.

1476

F.S.1979

550.011 550.02

550.021

550.025

550.03 550.031 550.04 550.05

550.055

550.06 550.061

550.065

550.066

550.067

550.068

550.069 550.07

550.08 550.081

550.082

550.083

550.0831 550.0841

550.09

550.091

550.10

550.11

550.12 550.13

550.131

550.14 550.15

550.16

550.161

DOGRACING AND HORSERACING Ch. 550

CHAPTER 550

DOGRACING AND HORSERACING

Fixing dates for racing. The powers and duties of the Division of

Pari-mutuel Wagering of the Depart­ment of Business Regulation.

Records of division, open for inspection; penalty.

Thoroughbred racing advisory commit-tee; creation; membership.

Charity racing days. Limitation on number of charity days. Racing meetings authorized; restrictions. Application for permit to conduct race

meetings. Greyhound dogracing permits; relocation

within a county; conditions. Elections for ratification of permits. Cancellation of permit to conduct race

meeting. Harness racing; certain permits validat­

ed; license. Harness racing; conduct of races, approv­

al of division. Dogracing; validation of certain permits;

exemptions. Harness racing; certain permits validat­

ed. Harness racing; daily license fee . Issuance oflicense by division; revocation

of license; penalty in lieu thereof. Maximum length of race meeting. Allocation of horseracing periods of oper­

ation. Special allocation of periods of operation

of certain dogracing tracks. Dogracing; periods of operation general­

ly; exceptions. Dogracing; racing periods. Restoration of performances lost by per­

mittee. Moneys to be paid to division for opera­

tion of racetrack. Additional commission required to be

withheld by dogracing and horseracing permittees.

Occupational license tax to be paid by em­ployees; denial and revocation of li­cense.

Tax imposed to be in lieu of other taxes, except city.

Uniform reporting system. Division of moneys derived under this

law. Payment of racing funds to district school

boards. Use of moneys by counties. Bond required oflicensees to conduct race

meeting. Pari-mutuel pool authorized within track

enclosure; commissions, breaks, etc. Pari-mutuel pools of less than $400,000

daily; license fee; distribution.

550.162

550.163 550.164

550.17 550.18 550.181

550.19

550.21 550.215

550.22

550.23

550.24

550.25

550.26 550.261 550.2615

550.262

550.265 550.27 550.28

550.29 550.291

550.30

550.32

550.33 550.34 550.35

550.351 550.36

550.361

550.37 550.371

550.38

550.39

550.40

550.41

1477

Dogracing; daily operational cost allow­ance.

Dogracing; daily license fee. , Escheat to state of abandoned interest in

or contribution to pari-mutuel pools. Proof of referendum required. Petition for election to revoke license. Certain persons prohibited from holding

racing or jai alai permits; suspension and revocation.

Chapter not applicable to racing conduct­ed by fair associations.

Permits not assignable. Costs of investigation; division to charge

applicants. Moneys to be held by State Treasurer if

distribution held illegal. Application oflaws inconsistent with this

chapter. Conniving to prearrange result of race;

stimulating or depressing horse or dog; penalty.

Penalty for conducting unauthorized race meeting.

Tax on breaks; distribution. Winter horseracing; purse requirements. Distribution of certain funds to a horse-

men's association. Horseracing; Florida breeders' awards

and overnight purses. Quarter horse racing; breeders' awards. Employment of residents required. Obtaining feed, etc., for racehorses, dogs,

etc., with intent to defraud. Reallocation of racing dates. Racing and jai alai, periods of operation;

limitation. Racetrack funds guaranteed from Gener­

al Revenue Fund. Resumption of dogracing at certain

tracks authorized. Quarter horse racing. Dogracing at North Florida tracks. Transmission of racing information for il-

legal gambling purposes. Effect of certain 1957 amendments. Use of electronic transmitting equip­

ment; permit by division required. Bookmaking on the grounds of a permit­

holder; penalties; duties of track em­ployees; penalty; certain exceptions.

Operation of certain harness tracks. Harness racing; authority to conduct on

leased and permanent locations in cer­tain counties.

Horseracing; award to breeders of Flori­da-bred horses.

Summer horseracing authorized for cer­tain harness tracks.

Policy of the Legislature to authorize summer thoroughbred horse racing.

Summer thoroughbred horse racing peri-

Ch. 550 DOGRACING AND HORSERACING F.S.1979

550.42

550.43

550.44 550.45 550.46

550.47

550.48 550.49 550.4901

550.4902

550.4903

550.4904

550.4905 550.4906 550.4907

550.4908

od authorized; additional days for charitable and scholarship purposes.

Summer thoroughbred racing; tax; com­mission; breaks tax; admissions and oc­cupational license tax.

Annual license; summer thoroughbred racing period.

Minimum purse per race. Allocation or reallocation of racing days. Summer thoroughbred racing period, ap-

plication of this chapter. Lease of pari-mutuel facilities by pari-

mutuel permitholders. Totalisator licensing. Legislative intent. Winter thoroughbred horse racing; per­

race purse allowance. Winter thoroughbred horse racing; tax;

commission; breaks tax; admissions and occupational license taxes.

Thoroughbred horse racing; summer rac­ing purse allowance.

Summer thoroughbred racing dates; ex­ceptions to beginning and ending peri­od.

Harness racing; special purse allowance. Harness racing; purses. Thoroughbred horse racing; purse allow­

ance for racetracks with average daily handles of less than $400,000.

Thoroughbred horse racing; track allow­ance for all tracks with an average dai­ly handle of less than $400,000.

550.011 Fixing dates for racing.-The Florida Pari-mutuel Commission shall hear and approve the dates for racing in any county where one or more horse tracks or one or more dog tracks are seeking to race and hold ratified permits upon which any track can operate in any county, apportioning such dates to the several tracks in such counties as provid­ed by law. However, where only one licensed dog track is located in a county, such track may operate 90 days during the racing season at the option of said dog track. No horse tracks licensed to engage in the conduct of running races located within 100 air miles of each other shall operate on the same dates, and any track licensed to engage in the conduct of harness races located within 100 air miles of another permittee or licensee authorized to conduct either harness races or running races shall be apportioned not more than 40 days within the legal horseracing season, which may be the same dates awarded to a permittee or licensee conducting running races. The commission shall not delegate this function to any subordinate officer or division of the Department of Business Regulation.

History.-s. 2, ch. 14832, 1931; s. 2, ch. 17276, 1935; CGL 1936 Supp. 4151(50); s. 1, ch. 22072, 1943; s. 1, ch. 24348, 1947; s. 2, ch. 71-98; s. 138, ch. 73-333; s. 5, ch. 79-4.

Note.-Former s. 550.02(1).

pools and the distribution therefrom, and: (1) Make an annual report to the Governor show­

ing 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) 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) 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, 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) 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 ofthe 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.

(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) 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 which the election is to be held, in an amount necessary to pay all expenditures in connection with the holding of the election mentioned in s. 550.06.

(6) Upon receipt of such application and any 550.02 The powers and duties of the Division amendments properly made thereto, the division

of Pari-mutuel Wagering of the Department of shall further investigate the matters contained in Business Regulation.-The Division of Pari-mut- the application and if any applicant shall duly fulfill uel Wagering ofthe Department ofBusiness Regula- and meet all requirements, conditions and qualifica­tion shall carry out the provisions of this chapter tions set forth in this chapter and the rules and regu­and supervise and check the making of pari-mutuel lations of the division hereunder, then the division

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F.S.1979 DOGRACING AND HORSERACING Ch. 550

shall grant the permit to such qualified applicant as hereinabove provided.

(7) In the event the division shall refuse to grant the permit, then the money deposited with the coun­ty commissioners for the holding of such election shall be refunded to the applicant. In the event the division shall grant the permit applied for, the board of county commissioners shall order an election in said county to decide whether such permit shall be approved and the license issued and race meetings permitted in such county, as hereinafter provided for ins. 550.07.

(8) Each licensed thoroughbred running track in the state shall be required to run an average of one race per racing day in which horses bred in Florida and duly registered with the Florida Thoroughbred Breeders' Association shall have preference as en­tries over non-Florida-breds, and to require all li­censed thoroughbred racetracks to write the condi­tions for such races in which Florida-breds are pre­ferred so as to assure that all Florida-bred horses available for racing at such tracks be given full op­portunity to run in the class races for which they are qualified, said opportunity of running to be afforded to each class ofhorses in proportion that the number of horses in this class bears to the total number of Florida-breds available; and 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 run at such track during its meeting.

History.-s. 2, ch. 14832, 1931; s. 2, ch. 17276, 1935; CGL 1936 Supp. 4151(50); s. 1, ch. 22072, 1943; s. 1, ch. 24348, 1947; s. 10, ch. 26484, 1951; s. 1, ch. 57-180; s. 1, ch. 59-406; s. 1, ch. 61-178; s. 2, ch. 71-98; s. 138, ch. 73-333.

550.021 Records of division, open for inspec­tion; penalty.-All books, records, maps, docu­ments, and papers of the Division of Pari-mutuel Wagering, including those filed with said division as well as those prepared by or for it, shall at all times be open for the personal inspection of any officer of the state or any county of Florida or of any official investigative body or committee, and no person hav­ing charge or custody thereof shall refuse this privi­lege to any such officer, investigative body, or com­mittee. Any person who violates the provisions of this section is guilty of a misdemeanor ofthe second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-ss. 1, 2, ch. 26850, 1951; s. 2, ch. 71-98; s. 539, ch. 71-136; s. 139, ch. 73-333.

1550.025 Thoroughbred racing advisory com­mittee; creation; membership.-The Governor shall appoint to serve, at his pleasure, a five-member advisory committee to consist of one citizen who is a member of the Horsemen's Protective Benevolent Association, one citizen who is a member of the Flori­da Thoroughbred Breeders' Association, and three citizens who are either owners or breeders or inter­ested directly in thoroughbred racing in this state. Such advisory committee shall advise with the Divi­sion of Pari-mutuel Wagering, the Department of Business Regulation, and the Florida Pari-mutuel

Commission in the conducting of thoroughbred rac­ing.

History.-s. 1, ch. 71-98; s. 2, ch. 77-109; s. 4, ch. 78-323; s. 6, ch. 79-4. 'Note.-Repealed by s. 4, ch. 78-323, effective October 1, 1981, except for the

possible effect of laws affecting this section prior to that date.

550.03 Charity racing days.-(1) The Florida Pari-mutuel Commission may ex­

tend said limitations of time for horseracing or dog­racing or jai alai operation not to exceed 2 days at any one track beyond the period otherwise provided by law so that any such track or fronton may conduct a charity day of racing for any one or more recog­nized and established charitable institutions located within 100 miles road travel of the racetrack or fron­ton holding such charity day of racing. For the pur­poses ofthis section the University of Miami, Jack­sonville University, Nova University of Advanced Technology imd other institutions of higher learn­ing, including community colleges, not already par­ticipating in charity or scholarship racing days shall be deemed to be charitable institutions. A portion of the proceeds available for the charitable purposes in an amount not less than 25 percent may be paid over to and for the benefit of said charitable institutions of higher learning in said areas.

(2)(a) If said second additional day as authorized herein for charitable purposes is conducted by a track located in Duval County or Clay County, the proceeds for charity purposes shall be allocated by payment of 50 percent thereof to institutions ofhigh­er learning or community colleges in Duval County, 25 percent to the St. Johns River Community College in Putnam County and 25 percent to the Lake City Community College in Columbia County.

(b)l. The Florida Pari-mutuel Commission may extend said limitations of time for horseracing or dogracing or jai alai operation, in addition to the 2 days heretofore provided, to an additional third day at each racetrack or fronton in Dade County.

2. If said third additional day as authorized here­in is conducted by a track or fronton located in Dade County, the proceeds for charity purposes shall be allocated by payment of 50 percent thereof to the University of Miami and 50 percent to the degree­granting state college authorized under s. 239.012, to be established in Dade County.

(c)l. The Florida Pari-mutuel Commission may extend said limitation of time for horseracing or dog­racing or jai alai operation in Sarasota, Marion, Ma­natee, Palm Beach, Escambia, Hillsborough, St. Lu­cie, or Washington Counties to provide for a total of 3 charity days.

2. If said third additional day as authorized here­in is conducted by a track or fronton located in Sarasota or Manatee Counties, the proceeds for char­ity purposes shall be allocated by payment to Ma­natee Community College.

3. If a third additional charity day is conducted at any track or fronton in Palm Beach County, 40 percent of the proceeds for charitable purposes from such day shall be paid to Palm Beach Community College, 40 percent of the proceeds for charitable purposes from such day shall be paid to Florida At­lantic University, and the remaining 20 percent of the proceeds for charitable purposes from such day shall be paid to Marymount College.

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Ch. 550 DOGRACING AND HORSERACING F.S.1979

4. If a third additional charity day is conducted at any track or fronton in Escambia County, 50 per­cent of the proceeds for charitable purposes from such day shall be paid to the University of West Florida and the remaining 50 percent of the proceeds for charitable purposes from such day shall be paid to Pensacola Community College.

5. If a third additional charity day is conducted at any track or fronton in Washington County, 50 percent of the proceeds for charitable purposes from such day shall be paid to Gulf Coast Community College and the remaining 50 percent of the proceeds for charitable purposes from such day shall be paid to Okaloosa-Walton Community College.

6. If a third additional charity day is conducted at any track or fronton in St. Lucie County, the pro­ceeds for charitable purposes from such day shall be paid to the Indian River Community College.

7. If a third additional charity day is conducted at any track or fronton in Marion County, the pro­ceeds for charitable purposes from such day shall be paid to the Central Florida Community College.

8. If a third additional charity day is conducted at any track or fronton in Hillsborough County, the proceeds for charitable purposes from such day shall be paid to the Brandon Cultural Center Civic Associ­ation.

(d)l. The Florida Pari-mutuel Commission may extend said limitations of time for horseracing, in addition to the 2 days heretofore provided, to an additional third day at each horse track in Hills­borough County.

2. If said third additional day as authorized here­in is conducted by a horse track located in Hills­borough County, the proceeds for charity purposes shall be allocated by payment to the Pasco-Hernan­do Community College.

(e)l. The Florida Pari-mutuel Commission may authorize the Florida Downs and Turf Club, Inc., to conduct a charity day in addition to the charity days presently allowed Florida Downs and Turf Club, Inc., under general law.

2. If said additional charity day is authorized by the commission and thereafter conducted by the Florida Downs and Turf Club, Inc., 50 percent of the proceeds of said day shall be allocated to the trustees of Hillsborough Community College for use in schol­arships, and the remaining 50 percent of said pro­ceeds shall be allocated to the St. Petersburg Junior College Alumni Association, Inc., for use in scholar­ships.

3. The total of all profits derived from the opera­tion of such racing on said additional charity day, less actual operating costs, including all taxes paya­ble to the state or any agency thereof for this extra day's operation, shall be and become a part of the charity trust fund for which such racing on such day is conducted.

(Dl. The Florida Pari-mutuel Commission may extend said limitations of time for jai alai operations, in addition to the other days heretofore provided, to an additional day at each fronton in Palm Beach County.

2. If the additional day as authorized herein is conducted by a fronton located in Palm Beach Coun­ty, the proceeds for charity purposes shall be allocat-

ed by payment thereof to the Civic Opera of Palm Beach.

(g)l. The Florida Pari-mutuel Commission may extend said limitations of time for jai alai operation, in addition to the 2 days heretofore provided, to an additional third day at each fronton in Seminole County.

2. If said third additional day as authorized here­in is conducted by a fronton located in Seminole County, the proceeds for charity purposes shall be allocated by payment thereof to Florida Agricultur­al and Mechanical University.

(h)l. The Florida Pari-mutuel Commission may authorize the Jefferson County Kennel Club to con­duct a charity day that is in addition to the charity days presently allowed the Jefferson County Kennel Club under general law.

2. If said additional charity day is authorized by the commission and thereafter conducted by the Jefferson County Kennel Club, 50 percent of the pro­ceeds of said day of operation shall be allocated and paid to the Monticello Opera Company of Monticello.

3. Subsection (3) shall be applicable to this addi­tional charity day as well as all other pertinent pro­visions of this chapter and the rules and regulations of the Division of Pari-mutuel Wagering relating to charity days.

(i)l. The Florida Pari-mutuel Commission shall authorize the Palm Beach Jai Alai Fronton to con­duct a charity day in addition to the charity days presently allowed the jai alai frontons in Palm Beach County under general law.

2. The funds derived from the operation of the additional charity day as herein authorized shall be allocated and paid to the Harry-Anna Crippled Chil­dren's Hospital, located in Eustis.

(j)l. The Florida Pari-mutuel Commission may authorize the Big Bend Jai Alai Fronton in Gadsden County to conduct 2 charity days in addition to the charity days presently allowed any jai alai fronton in Gadsden County under general law.

2. The funds derived from the operation of the additional charity days as herein authorized shall be allocated and paid to the Florida Agricultural and Mechanical University, located in Tallahassee.

(k)l. The Florida Pari-mutuel Commission shall authorize the Daytona Beach Jai Alai Fronton in Volusia County to conduct a charity day in addition to the charity days presently allowed any jai alai fronton in Volusia County under general law.

2. The funds derived from the operation of the additional charity day herein authorized shall be allocated and paid to the Daytona Beach Community College, located in Daytona Beach, to be used for athletic scholarships.

(l)l. The Florida Pari-mutuel Commission may authorize any licensed racetrack or fronton to con­duct an additional charity day of racing.

2. If said additional charity day is authorized by the commission and thereafter conducted by said track or fronton, the proceeds shall be allocated and paid to the benefit of the Historic Preservation Trust Fund.

3. Subsection (3) shall be applicable to this addi­tional charity day as well as all other pertinent pro­visions of this chapter and the rules of the Division

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F.S.1979 DOGRACING AND HORSERACING Ch. 550

of Pari-mutuel Wagering relating to charity days. (m)l. The Florida Pari-mutuel Commission may

authorize the jai alai frontons in Broward County to conduct a charity day in addition to the charity days presently allowed to the jai alai frontons in Broward County under general law.

2. The funds derived from the operation of the additional charity day as herein authorized shall be allocated and paid to the Broward Community Col­lege Foundation, Inc., to be used for the general wel­fare and benefit of Broward Community College.

(3) In determining profits derived from such rac­ing on such charity day, which profits shall include all taxes payable to the state or any agency thereof for such day's operations without the initial expense of operational allowance provided by law for dog tracks, said tracks and frontons shall only be enti­tled to deduct from the profits accruing from all re­ceipts on such charity day of racing their actual op­erating costs, which costs shall be those expenses incurred by the racetrack or fronton solely by reason of holding said charity day of racing and shall not be deemed to include such expenses constant from day to day and which would have been incurred had the race on that day not been held, including, but not limited to, such items as capital expenditures, inter­est on debts, real estate taxes and annual license fees, donations, bad debts, and such other items of daily or prorated expense as the division may by rule prescribe. The total of all profits derived from the operation of such racing on such charity day, includ­ing all moneys which would otherwise be received by the Division of Pari-mutuel Wagering as taxes for such day's operation, shall be and become a part of the charity trust fund for which such racing on such days is conducted.

History.-s. 3, ch. 14832, 1931; s. 3, ch. 17276, 1935; CGL 1936 Supp. 4151(51); s. 1, ch. 20843, 1941; s. 1, ch. 57-283; s. 2, ch. 61-119; s. 15, ch. 63-400; s. 1, ch. 63-444; s. 1, ch. 65-352; s. 1, ch. 67-540; s. 1, ch. 68-32; ss. 1, 2, ch. 71-98; s. 70, ch. 72-221; s. 137, ch. 73-333; s. 1, ch. 74-94; s. 1, ch. 74-266; s. 1, ch. 74-269; ss. 1-3, ch. 74-330; s. 1, ch. 74-331; ss. 1, 2, ch. 74-349; s. 1, ch. 74-350; s. 1, ch. 75-241; s. 1, ch. 77-472; s. 2, ch. 78-319; s. 4, ch. 78-357; s. 1, ch. 78-381; s. 7, ch. 79-4. cf.-s. 550.13 Division among counties of moneys derived under this law.

s. 550.30 Racetrack funds guaranteed from General Revenue Fund.

550.031 Limitation on number of charity days.-No horseracing or dogracing or jai alai oper­ation may conduct more charity days than author­ized by law for the preceding meeting of that particu­lar operation. This section shall supersede all gener­al acts and. special acts in conflict.

History.-ss. 1, 2, ch. 69-249.

550.04 Racing meetings authorized; restric­tions.-Any person desiring to operate a racetrack in this state may, subject to the provisions of this chapter, hold and conduct one or more racing meet­ings at such track each year. Horse racetrack meet­ings shall be held only from and including the period extending from December 1 of each year to and in­cluding April 20 of the year following, which period shall be known as the horseracing season, and the dog racetrack meetings shall be held only during the period extending from and including November 1 of each year to and including May 31 of the year follow­ing, which period shall be known as winter dog­racing season; provided, however, that summer dog track meetings shall be held only during the period

beginning with and including June 1 and up to and including September 30, in counties lying wholly east of the St. Johns River, south of an east-west line from the Matanzas Inlet to said river, and north of latitude 28 degrees 35 minutes; and provided further that both horserace meetings and dograce meetings shall be limited to the aggregate number of racing days as provided in s. 550.08. No racing shall be permitted on Sunday, and no minors except jockey apprentices, exercise boys, and grooms shall be per­mitted to attend said races or to be employed in any manner by the track provided, however, nothing in this chapter shall be construed to prohibit the use of any dogracing plant or facility for the conducting of "hound dog derbies" or "mutt derbies" from being used on one Sunday during each racing season by any charitable, civic, or nonprofit organization for the purpose of conducting "hound dog derbies" or "mutt derbies" where only dogs other than those usually used in dogracing (greyhounds) are permit­ted to race and where adults and minors may partici­pate as dog owners or spectators, and provided fur­ther that during such racing events betting and gam­bling and the sale or use of alcoholic beverages shall be strictly and absolutely prohibited.

History.-s. 4, ch. 14832, 1931; s. 4, ch. 17276, 1935; CGL 1936 Supp. 4151(52); ss. 1, 3, ch. 21636, 1943; ss. 2, 3, ch. 22072, 1943; s. 1, ch . 22599, 1945; s. 1, ch. 24360, s. 1, ch. 23862, 1947; s. 2, ch. 57-180; s. 9, ch. 59-406. cf.-s. 1.01 Minors defined.

550.05 Application for permit to conduct race meetings.-

(1) Between June 1 and July 1 of each year, but at no other time, any person possessing the qualifica­tions prescribed in this chapter shall apply to the Division of Pari-mutuel Wagering for a permit to conduct race meetings and racing under this chap­ter. No application thus received by the division shall be amended after August 10 of each year; and on or before August 15, but not thereafter, of each year, after receipt of any application, the division shall convene to consider and act upon permits ap­plied for, and all applications not definitely acted upon by the division on or prior to August 15 of each year shall be void.

(2) Upon all applications filed and approved a permit shall be issued to the applicant setting forth the name, the location of the racetrack, the kind of racing desired to be conducted and a statement showing qualifications of the applicant to conduct racing at said track under this chapter; provided, however, no permit shall be effectual to authorize any race until ratified by a majority of the electors participating in said election, and in the county in which applicant proposes to conduct racing; and pro­vided further that no application shall be considered and no permit shall be issued by the division nor voted upon in any county to conduct running horse­races, harness horseraces or dograces at a location within 100 miles of another location for which a permit has been issued and a racing plant located, said distance to be measured on a straight line from the nearest property line of one racing plant to the nearest property line of the other, except that per­mits heretofore issued and ratified by a majority of

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the electors of any county shall not be affected by this proviso.

History.-s. 5, ch. 14832, 1931; s. 5, ch. 17276, 1935; CGL 1936 Supp. 4151(53); s. 1, ch. 24349, 1947; s. 2, ch. 59-406; s. 2, ch. 71-98. cf.-s. 550.33 Quarter horse races.

550.055 Greyhound dogracing permits; relo­cation within a county; conditions.-

(!) It is the finding of the legislature that pari­mutuel wagering on greyhound dogracing provides substantial revenues to the state. It is the further finding that, in some cases, this revenue-producing ability is hindered due to the lack of provisions al­lowing the relocation of existing dogracing opera­tions. It is therefore declared that state revenues derived from greyhound dogracing will continue to be jeopardized if provisions allowing the relocation of such greyhound racing permits are not imple­mented. This enactment is made pursuant to, and for the purpose of, implementing such provisions.

(2) Any holder of a valid outstanding permit for greyhound dogracing in a county in which there is only one dogracing permit issued is authorized, with­out the necessity of an additional county referendum required under s. 550.06, to move the location for which the permit has been issued to another location within a 30-mile radius of the location fixed in the permit issued in that county, provided that said move does not cross the county boundary, that such relocation is approved under the zoning regulations of the county or municipality in which the permit is to be located, and that such a move is approved by the Department of Business Regulation after it is determined at a proceeding pursuant to chapter 120 in the county affected that said move is necessary to ensure the revenue-producing capability of the per­mittee without deteriorating the revenue-producing capability of any other pari-mutuel permittee within 50 miles, said distance to be measured on a straight line from the nearest property line of one racing plant to the nearest property line of the other.

History.-ss. 1, 2, ch. 74-267; s. 1, ch. 77-174; s. 9, ch. 78-95; s. 8, ch. 79-4.

550.06 Elections for ratification of permits.­(1) The holder of any permit may have submitted

to the electors of the county designated therein the question whether or not said permit shall be ratified or rejected. Such questions shall be submitted to the electors for approval or rejection at a special election to be called for that purpose only. The board of coun­ty commissioners ofthe county designated, upon the presentation to said board at a regular or special meeting of a written application, accompanied by a certified copy of the permit granted by the Division of Pari-mutuel Wagering, and asking for an election in the county in which said application was made, shall order a special election in said county for the particular purpose of deciding whether such permit shall be approved and license issued and race meet­ings permitted in such county by such permittee; and shall cause the clerk of such board to give notice of said special election by publishing the same once each week for 2 consecutive weeks in one or more newspapers of general circulation in said county; each permit covering each track shall be voted upon separately and in separate elections and no election shall be called more often than once every 2 years for

the ratification of any permit covering the same track.

(2) All elections ordered under this chapter shall be held within 90 days and not less than 21 days from the time of presenting such application to said coun­ty commissioners, and the inspectors of election shall be appointed and qualified as in cases of gener­al elections and they shall count the votes cast and make due returns of same to the county commission­ers without delay. The county commissioners shall canvass the returns, declare the results, and cause the same to be recorded as provided in the general law concerning elections so far as applicable.

(3) Provided, that where a permit has been grant­ed by the division and no application to the board of county commissioners has been made by the permit­tee within 6 months after the granting of the permit, the same shall be void, and the division shall cancel such permit without notice to the holder thereof, and the board of county commissioners holding the de­posit for the election shall refund to the holder of the permit said deposit upon being notified by the divi­sion that the permit has become void and canceled· provided further, that where, upon a permit issued: an election has been held and such permit ratified, as herein provided, and the holder of the ratified permit has failed to construct a track suitable to conduct a race meeting within 12 months after the ratification of said permit, then the permit shall be void and the division shall cancel such permit with­out notice to the holder thereof.

(4) For such election all electors duly registered and qualified to vote at the last preceding general election held in such county shall be qualified elec­tors for such election, and in addition thereto the registration books for such county shall be opened on the lOth day (if the lOth day be Sunday or a holiday, then on the next day not a Sunday or holiday) after said election is ordered and called, and shall remain open for a period of 10 days for additional registra­tions of persons qualified for registration but not already registered, and electors for such special elec­tion shall have the same qualifications for and pre­requisites to voting in elections as under the general election laws.

(5) If at any such special election the majority of the electors voting on the question of ratification or rejection of any permit shall vote against such ratifi­cation, then such permit shall be void. If a majority of the electors voting on the question of ratification or rejection of any permit shall vote for such ratifica­tion, then such permit shall become effectual and the holder thereof may conduct racing upon comply­ing with the other provisions of this chapter. The county commissioners shall immediately certify the results of the election to the division; provided, that the expense of holding the said election shall be paid for by the permitholder as provided for in s. 550.02(6).

History.-s. 6. ch. 14832. 1931; s. 6, ch. 17276, 1935; CGL 1936 Supp. 4151(54); s. 3, ch. 57-180; s. 2, ch. 71-98. cf.-s. 550.33 Quarter horse races.

550.061 Cancellation of permit to conduct race meeting.-Where the holder of a ratified per­mit issued pursuant to law, for the conduct of horse, in harness using a sulky, race meetings has failed to

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F.S.1979 DOGRACING AND HORSERACING Ch. 550

construct a track suitable to conduct such race meet­ings by July 1, 1948, or within 1 year from the date on which such permit was issued, whichever period of time be the longest, then such permit shall be void and the Division of Pari-mutuel Wagering may can­cel such permit.

History.-s. 1, ch. 24359, 1947; s. 2, ch. 71-98; s. 9, ch. 78-95.

550.065 Harness racing; certain permits vali­dated; license.-

(1) Any permit issued by the Division of Pari­mutuel Wagering, subsequent to June 1, 1946, to conduct horseracing, in harness, which permit, hav­ing been ratified in the manner prescribed by law, in any county of the state where no running horse tracks or dog tracks are located and established, is hereby validated and restored to the permittee or permittees, or his or their lawful assignee, and the time within which the holder of any such ratified permit shall construct a racetrack is hereby extend­ed for a period of 12 months from such time as re­strictions and limitations against such construction now imposed by federal regulations, are removed.

(2) Any horseracing track, in harness with sulky, which may be established and shall operate by vir­tue of the provision of subsection (1) shall be entitled to a license from the division for a meet or meetings for a period of not exceeding 90 days of racing during the established racing season, fixed by law, for horseracing, and during such meet or meeting rac­ing may be conducted by a valid permittee at such track either in the daytime or nighttime, at the op­tion of the permitholder, or at the election of the permitholder, the racing season may be divided so that part of the racing during any one season may be conducted at nights and part in the daytime; provid­ed, however, there shall be no racing on Sunday, and when racing is being conducted at nights, there shall be no racing in the daytime of the same day.

(3) The commission of a licensee on a pari-mutuel pool on horseraces, where such license is issued to conduct horseracing in harness, and in the counties affected by the provisions of this section, shall be the same as allowed and received by a licensee on a pari­mutuel pool on dograces as now fixed and estab­lished by law.

(4) In all respects the provisions of this chapter shall be applicable to the subject matter of this sec­tion, except those provisions thereof which are in­consistent herewith.

History.-ss. 1-4, ch. 26485, 1951; s. 2, ch. 71-98.

550.066 Harness racing; conduct of races, ap­proval of division.-Upon approval by the Division of Pari-mutuel Wagering any holder of a ratified permit to conduct horseracing in harness, which per­mit was validated and restored by s. 550.065(1), is hereby authorized to conduct not more than three quarter horse races per day upon the racetrack of the ratified permitholder, said three quarter horse races to be instead and in lieu of three horseraces in harness with sulky during the regular race meeting of the permitholder; provided, however, that the quarter horses participating in such races shall be duly registered by the American Quarter Racing As­sociation and certified to the permitholder by a bona fide cooperative association organized under the

laws of Florida, which has been in existence for 2 years or more and which has for its purpose the cooperative agricultural activity of breeding and training quarter running horses. All of the provi­sions of this chapter, and rules and regulations of the division relating to harness horse racing with sulky shall apply to any quarter horse race allowed by this section.

History.-s. 1, ch. 57-807; s. 2, ch. 71-98.

550.067 Dogracing; validation of certain per­mits; exemptions.-

(!) All permits for dogracing or to hold and con­duct dog racetrack meetings granted by the Division of Pari-mutuel Wagering on or subsequent to June 7, 1949, and submitted to and ratified by a majority of the electors of the county designated in such permits voting on the question of ratification or rejection of such permits are hereby declared valid and lawful for the purpose for which issued and to permit the operation of a dog racetrack and to conduct dog race­track meetings on the premises described in such permits.

(2) The provisions of this section shall not apply to permits which have been suspended, canceled or revoked either by the division or in a recall election pursuant to the provisions ofs. 550.18, nor shall the same affect or apply to permits canceled and an­nulled pursuant to the provisions of s. 550.062.

(3) This section shall not prevent the cancella­tion or revocation of any permit in any future recall election or the suspension, cancellation or revoca­tion of any permit by the division in the manner and for such causes as other permits may be suspended, canceled or revoked by the division.

History.-ss. 1-3, ch. 57-237; s. 2, ch. 71-98.

550.068 Harness racing; certain permits vali­dated.-

(1) Any permit to conduct horseracing in harness or to hold harness horse race meetings granted and issued by the Division of Pari-mutuel Wagering sub­sequent to July 1, 1956, and prior to the effective date of this act and submitted to and ratified by a majority of the electors of the county designated in such permit and on the basis of which ratified permit the holder thereof was issued license to conduct har­ness horse racing and in reliance thereon the holder of such permit and license constructed racing plant or track, and which permit and license was thereaf­ter held and declared to be invalid as violative of the provisions of this chapter, and particularly the 100-mile distance requirements of s. 550.05, is hereby declared to be valid and the same is hereby restored, ratified and confirmed the same as if never held or declared to be invalid, notwithstanding the distance provisions of this chapter and s. 550.05 is hereby repealed and declared to be ineffective and inopera­tive as to any such permit and license issued and ratified as aforesaid.

(2) It is hereby declared to be the legislative pur­pose and intent to ratify and confirm all actions of the Division of Pari-mutuel Wagering in the issu­ance of any permit described in subsection (1), and to ratify, confirm and validate all proceedings in rela­tion to the issuance and ratification of any such per­mit and to repeal and declare any law or laws in

1483

Ch. 550 DOGRACING AND HORSERACING F.S.1979

conflict herewith to be inoperative, ineffective and inapplicable to any such permit.

History.-ss. 1, 2, ch. 61-9; s. 2, ch. 71-98; s. 140, ch. 73-333.

550.069 Harness racing; daily license fee.­(1) Any duly licensed harness horse racetrack

having an average daily pari-mutuel pool of less than $100,000 per day shall, in lieu of the payment ofthe taxes imposed upon such tracks as now provid­ed by law, be permitted to operate the sale of pari­mutuel pools on the basis of a fixed daily license fee, which fee shall be determined from the following schedule:

(a) Up to $50,000 per day ........ .................. $1,000. (b) Over $50,000 per day but not exceed-

ing $75,000 per day ............................................ 3,000. (c) Over $75,000 per day but not exceed-

ing $100,000 per day .......................................... 5,000,

three-fourths of which daily license fee shall be dis­tributed equally to the 67 counties of the state and the remaining one-fourth to the state's General Rev­enue Fund.

(2) Whenever any harness horse track exceeds the sum of $100,000 per day in its pari-mutuel pool totals this section shall not apply, and such harness horse track shall be taxed as provided by other gen­eral laws.

(3) It is hereby declared to be the legislative pur­pose and intent to ratify, confirm and validate ac­tions of the Division of Pari-mutuel Wagering in the issuance of any permit described in s. 550.068(1), and the placing in operation the fixed daily license fee provided for herein.

History.-ss. 1-3, ch. 63-261; s. 2, ch. 71-98.

shall exceed $1,000 for each count or separate of­fense and all penalties imposed and collected shall be deposited with the State Treasurer to the credit of the General Revenue Fund.

History.-s. 7, ch. 14832, 1931; s. 7, ch. 17276, 1935; CGL 1936 Supp. 4151(55); s. 4, ch. 57-180; s. 2, ch. 71-98; s. 1, ch. 74-19; s. 9, ch. 78-95; s. 9, ch. 79-4. cf.-s. 550.33 Quarter horse races.

550.08 Maximum length of race meeting.­(1) 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 50 racing days for thoroughbred horse racing, 120 days for quarter horse racing, and 105 days for dogracing in any rac­ing season; provided the Florida Pari-mutuel Com­mission is authorized to grant 1 additional day of racing during the race meeting period granted to any track as provided by law, upon application and agreement by any track in which 1 specific day of any meet shall be set aside, and all profit, less actual operating costs, from such specific day's operations of such track including all taxes payable to the state or any agency thereof for such day's operation shall be paid into the state treasury for a scholarship trust fund which shall be administered by the Board of Regents for the granting of scholarships for the pur­pose of attending the institutions of higher learning of the state upon such terms and conditions as the said board may from time to time prescribe. Actual operating costs of any track conducting such addi­tional day of racing to be deducted from all receipts on such additional day of racing shall not include expenses constant from day to day and which would have been incurred had the race on that day not been held; including, but not limited to, such items such as capital expenditures; interest on debts; real estate taxes and annual license fees; donations; bad debts; and such other items of daily or prorated ex­pense as the Division of Pari-mutuel Wagering may by rule prescribe.

(2) The provisions of this section are supplemen­tal to s. 550.081 and shall be construed as authority for granting additional days of racing above the total of 120 days' limitation therein except that each horse racetrack may run only 1 additional day as herein provided during its race meeting period as authorized by said law and the 120 days' limitation therein shall in no event be extended beyond 3 addi­tional days.

History.-s. 8, ch. 14832, 1931; CGL 1936 Supp. 4151(56); s. 2, ch. 21636, 1943; ss. 1, 2, ch. 25258, 1949; s. 2, ch. 61-119; s. 1, ch. 63-315; s. 1, ch. 70-226; ss. 1, 2, ch. 71-98; s. 10, ch. 79-4. cf.-s. 550.13 Division among counties of moneys derived under this law.

s. 550.30 Racetrack funds guaranteed from General Revenue Fund.

550.07 Issuance of license by division; revo­cation of license; penalty in lieu thereof.-After a permit has been granted by the Division of Pari­mutuel Wagering, and after the same has been rati­fied and approved by the majority of the electors participating in such election of the county designat­ed therein, the division shall grant to the lawful holder of such permit, subject to the conditions here­of, a license to conduct· racing under this chapter, and the Florida Pari-mutuel Commission shall fix annually the time, place, and number of days during which racing may be conducted by such permit­holder at the location fixed in said permit and rati­fied in said election. After the first license has been issued to the holder of a ratified permit for racing in any county, all subsequent annual applications for a license by said ratified permitholder shall be accom­panied by proof in such form as the division may require, that the ratified permitholder still possesses all the qualifications prescribed by this chapter, and 1550.081 Allocation of horseracing periods of that the permit has not been recalled at a later elec- operation.-tion held in such county as provided for ins. 550.18. (1) When there are three or more winter The division may revoke any permit or license here- thoroughbred horse racing permittees located with­under upon the willful violation by the licensee of in a 35-mile radius of each other, an annual winter any of the provisions of this chapter or of any rule thoroughbred racing season consisting of 144 racing or regulation issued by the division under the provi- days, plus authorized charity and scholarship racing sions of this chapter. In lieu of the suspension or days, exclusive of Sundays, is hereby authorized. revocation oflicenses, the division may impose a civ- Each of said winter permittees is hereby authorized il penalty against any licensee for violations of this to operate in only one of the three periods of racing chapter or chapter 551 or any rule or regulation hereinafter set out, and all racing days, including promulgated by the division. No penalty so imposed charity and scholarship days, shall be run consecu-

1484

F.S.1979 DOGRACING AND HORSERACING Ch. 550

tively. Each racing period is hereby established as follows:

(a) The first period shall consist of 50 racing days, plus charity and scholarship racing days.

(b) The second period shall consist of 44 racing days. No charity or scholarship racing days may be operated during the second period.

(c) The third period shall commence upon the completion of the second period and shall consist of 50 racing days, plus charity and scholarship racing days.

In allocating the racing periods contained herein, the 3Board of Business Regulation shall not permit the second period of racing set forth above to com­mence before January 15 of each year and shall take into account the ability of all winter permitholders to maximize handle throughout the entire racing season so as to generate overall the maximum state revenues from winter permitholders collectively. Charity and scholarship racing days authorized for the permittee operating the second period may be assigned to the permittee operating the first or third periods to be operated for the benefit of the permit­tee operating the second period, but there shall be no requirement that the permittee operating the first or third period shall operate any charity or scholar­ship days without said permittee's consent.

(2) On or before May 1 of each year, each of the winter thoroughbred horserace permittees shall file in writing with the 4 Board of Business Regulation its request for the racing period and the number of days and dates the permittee wishes to operate. On or before May 15 of each year, the Division of Pari­mutuel Wagering shall issue an annual license au­thorizing the permittee to conduct a racing meet during the period granted by the 3Board of Business Regulation for the number of days applied for by each permitholder.

(3) In the event any winter thoroughbred horse racing track is prevented from operating any portion of the racing period allocated to it as a result of prohibition of law or as a result of fire, strike, or circumstances beyond the control of the track in­volved, the track so prevented from operating shall be entitled to allocate its unused days and dates to another winter thoroughbred horse track permit­holder located within a 35-mile radius of such track; however, no such allocation shall change or alter any other annual racing period already assigned. In the event the track so prevented 2[from operating] is unable to allocate its unused days and dates within 1 racing day after it becomes necessary, the Director of the Division ofPari-mutuel Wagering is specifical­ly authorized to so allocate the unused days and dates as to protect the tax revenue of the state.

(4) The Division of Pari-mutuel Wagering is hereby prohibited from granting any permit, and there shall be no election in any county for the ratifi­cation or rejection of any permit, to conduct horseracing or sulky or harness racing at a location in an area in which there are three horse racetracks located within 100 air miles of each other. However,

permits issued prior to May 21, 1968, and permits for summer thoroughbred horse racing and quarter horse racing shall not be affected by this subsection.

History.-ss. 1-6, ch. 23728, 1947; s. 11, ch. 25035, 1949; s. 1, ch. 69-14; s. 2, ch. 70-226; ss. 1, 2, ch. 71-98; ss. 7, 12, ch. 75-43; ss. 10, 22, ch. 77-167; s. 2, ch. 79-300.

'Note.-Section 2, ch. 79-300, provides that s. 550.081, as it existed on June 30, 1979, shall remain in effect until July 1, 1980, on which date it shall be superseded by s. 550.081 as it existed on May 28, 1975, to read as follows:

550.081 Allocation of horseracing periods of operation.-(!) It is the finding of the Legislature of the state that the operation of

horseracing and legalized pari-mutuel and mutuel betting at horse racetracks in this state is a substantial business compatible to the best interests of the state and the taxes derived therefrom constitute an integral part of the tax structures of the state and counties. It is the further finding of the Legislature that two or more horse racetracks located within a radius of 100 air miles of each other cannot operate on the same racing days without endangering the tax revenue derived therefrom and the general welfare of the public. It is the

f~~~~!fe~i~~~:Ji~~eorf~o8!ti~u~ii~~8~f~~:r~r ~O:r~ t~~:S:~!c~~~ksa~~~~h~ allocation and distribution of periods of operation to and between said horse racetracks is vested solely in the discretion of the Board of Business Regula­tion, that the power to change, alter, and vary such racing periods from year to year, as it may see fit, is unsound and unwise, and creates a condition of uncertainty which retards the natural expansion and development of this business and influences and affects the financial stability of the state and counties. It is therefore declared to be the policy of the state that the present danger to the growth and welfare of horseracing and to the tax structure of the state and counties be eliminated insofar as the discretionary powers of the Board of Business Regulation in allocating dates to the horse tracks are con­cerned, and this enactment is made pursuant to and for the purpose of carry­ing out such policy.

(2) When three or more horse racetracks in this state are located in a radius of 100 air miles of each other, the annual period of operation of such horse racetracks shall begin on December 1 of each year and continue for a full period of 120 consecutive days, exclusive of Sundays, and each of said horse racetracks is hereby permitted to race for a full period of 40 consecutive racing days, exclusive of Sundays. Such 40-day racing periods are hereby established as follows: The first period to consist of the first consecutive 40 racing days of such annual racing period, the second period to consist of the second consecutive 40 racing days of such annual racing period, and the third period to consist of the third consecutive 40 racing days of such annual racing period. The periods of operation described in this section refer to the winter thoroughbred horse racing season and the provisions of this section shall in no way affect the summer thoroughbred horse racing season defined in s. 550.41. The holder of a winter thoroughbred horse racing permit shall not conduct summer thoroughbred horse racing, and a permitholder for summer thoroughbred horse racing shall not conduct winter thoroughbred horse rac­ing.

(3) The three racing periods hereinabove established shall be annually allocated by the Board of Business Regulation in the following manner: The horse racetrack having produced the largest amount of tax revenue during the preceding year of its operation shall be granted its choice of the three established racing periods. The horse racetrack having produced the second largest amount of tax revenue during the preceding year of its operation shall be granted its choice of the remaining two established racing periods. The horse racetrack having produced the third largest amount of tax revenue during the preceding year of its operation shall be allocated the racing period remaining after the two tracks producing the largest amount of tax revenue shall have made their selections; provided, however, that if any one or more tracks entitled to a choice of racing periods as provided for herein shall fail to make a selection, the board shall thereupon assign a 40-day racing period to said track or tracks, which period it shall be required to operate unless relieved therefrom by order of the board; provided further, that if any track heretofore allocated racing dates shall fail or refuse to operate for its full 40-day period, unless prohibited by law or causes beyond its control, then the board may, upon request of any one of the other two tracks affected by this law, allocate the remaining racing dates to either or both of the two estab­lished horse racing tracks.

(4) On or before May 1 of each year, each of the horse racetracks shall file in writing with the board in accordance with the procedure set forth in subsec­tions (2) and (3) its selection of the racing period hereinabove established that it desires to operate and conduct its racing meet. On or before May 15 of each year the Division of Pari-mutuel Wagering shall issue an annual license au­thorizing the permitholder to conduct a racing meet during the period set forth therein. Such license shall be issued by the Division of Pari-mutuel Wagering to the permitholder on the basis of and in accordance with the procedure set forth in subsections (2) and (3).

(5) In the event any track shall be prevented from operating a full 40-day racing season, as a result of prohibition of law, fire, strike or circumstances beyond the control of the track involved, then the Board of Business Regula­tion in allocating and setting racing dates for the following racing season shall be governed by the amount of tax revenue produced by each track during the last racing season in which all tracks governed by this bill operated a full 40-day racing period and dates shall be allocated to the tracks under such circumstances in the manner set forth in subsections (2) and (3).

(6) The Division of Pari-mutuel Wagering is hereby prohibited from grant­ing any permit and there shall be no election in any county for the ratification

~}~~~~f~~o~ ~h:~~faef:!tru~h~h~~ec~;e0~hr~:c~~~~:~~~~t~~c~~lo~~~d~i[hf~ 100 air miles of each other; however, permits issued prior to May 21, 1968, and permits for summer thoroughbred horse racing and quarter horse racing shall not be affected by this subsection. 'Note.-Bracketed language inserted by the editors. 'Note.-Sections 1 and 3, ch. 78-131, Laws of Florida, abolished the Board

of Business Regulation and created the Florida Pari-mutuel Commission with authority to hear and approve the dates and changes of dates for racing and the dates within which any track may be operated.

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Ch. 550 DOGRACING AND HORSERACING F.S.1979

'Note.-Sections 1 and 3, ch. 78-131, Laws of Florida, abolished the Board of Business Regulation and directed that references to the board be changed to "Department of Business Regulation" or "department." The change will be implemented by means of reviser's bill.

Note.-See ch. 28499, 1953, Hillsborough County; racing, extra day; athletic scholarships.

550.082 Special allocation of periods of oper· ation of certain dogracing tracks.-

(1) Where there are three or more dogracing tracks operating under valid outstanding permits, issued by the Division of Pari-mutuel Wagering, lo­cated within a radius of 35 miles of each other, one of such permitholders within said area shall be per­mitted, at its option, but shall not be required, dur­ing the period beginning July 1 and ending the first Monday of September following, both dates inclu­sive, of any year, to conduct upon dates of its choice not more than 50 days of its aggregate number of operating days allowed by s. 550.08; provided that where two or more of such permittees apply for rac­ing dates, as herein provided, the Florida Pari-mut­uel Commission shall designate the permittee enti­tled to conduct such racing during such 50-day peri­od, and the remaining number of said aggregate days under s. 550.08 shall be granted to and utilized by such permittee within the period provided in s. 550.04.

(2) This section shall be cumulative and shall not be construed as repealing any other provisions of law, and shall not be construed as permitting oral­lowing any permitholder to operate for a period of time in excess of the number of days now provided by law.

History.-ss. 1, 3, ch. 59-417; s. 2, ch. 71-98; s. 11, ch. 79-4.

550.083 Dogracing; periods of operation gen­erally; exceptions.-

(!) Owners of valid outstanding permits for dog­racing in this state may hold race meetings at any time they choose during the "racing season" for the aggregate number of racing days fixed and permit­ted by law and subject to the approval of the Florida Pari-mutuel Commission, except that no racing shall be conducted on Sunday. The words "racing season" as used herein mean that period of time extending from September 5 of each year through September 4 of the following year, commencing with September 5, 1973.

(2) The provisions of this act shall not apply to or affect holders of valid permits to conduct greyhound racing or jai alai at greyhound racetracks or jai alai frontons located in Florida in the area between the parallels of 28o N. latitude and 30° N. latitude and lying east of the meridian of 82° W. longitude.

History.-ss. 1, 2, ch. 61-509; s. 1, ch. 69-250; ss. 1, 2, ch. 71-98; s. 1, ch. 73-23; s. 12, ch. 79-4.

550.0831 Dogracing; racing periods.-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 no racing shall be conducted on Sunday, not to exceed the total of105 racing days in each racing year, plus charity and scholarship days.

History.-s. 1, ch. 78-319.

550.0841 Restoration of performances lost by permittee.-The Florida Pari-mutuel Commission may, upon application by a racetrack or jai alai per­mittee, grant additional performances to the permit­tee for the purpose of restoring any performances lost due to circumstances beyond the control of the permittee. The commission shall determine when said additional performances will be run by the per­mittee. In the event that insufficient days remain in a permittee's season to enable the granting of addi­tional performances, the commission may grant the additional performances in the subsequent season, notwithstanding the limitations of the number of days contained in ss. 550.08(1) and 551.12.

History.-s. 1, ch. 76-48; s. 1, ch. 77-174; s. 13, ch. 79-4. Note.-Former s. 550.084.

550.09 Moneys to be paid to division for oper­ation of racetrack.-

1(1) Every person engaged in the business of con­ducting race meetings under this chapter shall pay to the State Treasurer, in his capacity as ex officio treasurer of the Division of Pari-mutuel Wagering, for the use of the division a sum equal to 3 percent of the total contributions to all pari-mutuel pools conducted or made on any and ·every racetrack li­censed under this chapter and on every race at such track. In addition to the aforesaid taxes, every permitholder licensed by the Division of Pari-mutuel Wagering under the laws of this state shall collect from each person attending such races 15 percent of the established admission price or the sum of 10 cents, whichever sum is the greater, as an admission tax, which tax shall be paid to the State Treasurer for deposit in the General Revenue Fund of the state. The admissions tax hereby imposed shall be calculat­ed on the total of the entrance gate admission charge made by any permittee. Payments shall be made every 30th day of any race meeting and shall be accompanied by a report under oath showing the total of all gate admissions on the races covered by such report.

(2) If any free passes or complimentary cards shall be issued to guests by any licensee, the licensee of any such track shall pay to the division the same tax upon such complimentary admission cards each time they are used for admission to the track as though such complimentary passes or cards had been sold at the regular and usual admission rate; provided that the person conducting any race meet­ing in this state may issue tickets for admission, showing the amount of admission and the amount of tax to be paid by each person; however, this provi­sion shall not be construed to mean that the associa­tion will not be held liable for the payment of the admission tax to the State Treasurer as ex officio treasurer of the division; provided, however, that a racetrack permitholder may, by and with the con­sent of the division, issue tax-free passes to its offi­cers, officials and employees or other persons actual­ly engaged in working at such racetrack, including persons actually employed and accredited press rep­resentatives, such as reporters and editors, and may also issue tax:free passes and tax-free box seats to other racing plant permitholders. A list of all per-

1486

F.S.1979 DOGRACING AND HORSERACING Ch. 550

sons to whom tax-free passes or tax-free box seats are issued shall be filed with the division.

History.-s. 9, ch. 14832, 1931; s. 8, ch. 17276, 1935; CGL 1936 Supp. 4151(57); s. 3, ch. 59·406; s. 2, ch. 71·98; ss. 17, 22, ch. 77·167; s. 3, ch. 79·300.

'Note.-Section 3, ch. 79·300, provides that s. 550.09(1), as it existed on June 30, 1979, shall remain in effect until July 1, 1980, on which date it shall be superseded by s. 550.09(1) as it existed on June 8, 1977, to read as follows:

(1) Every person engaged in the business of conducting race meetings under this chapter shall pay to the State Treasurer in his capacity as ex officio treasurer of the Division of Pari·mutuel Wagering for the use of the division a sum equal to 3 percent of the total contributions to all pari·mutuel pools conducted or made on any and every racetrack licensed under this chapter, and on every race at such track. In addition to the aforesaid taxes, each person authorized to conduct race meetings under this chapter shall collect from each person attending such races 15 percent of the established admission price or the sum of 10 cents from each person attending such race meeting, whichever sum is the greater, as an admission tax, and said person shall pay to the State Treasurer as ex officio treasurer of the division the tax hereinabove provided for. Payments shall be made every seventh day of any and every race meeting and shall be accompanied by a report under oath, showing the total of all contributions and admissions on the races covered by such report and such other information as the division may require. cf.-s. 550.16 Additional tax on pari·mutuel pool.

s. 550.161 License fee in lieu of pari·mutuel pool tax.

1550.091 Additional commission required to be withheld by dogracing and horseracing per­mittees.-In addition to the 17 percent commission authorized to be withheld on every dograce and horserace conducted pursuant to this chapter, each dog and horse track permittee shall withhold an ad­ditional 0.6 percent from the total contributions to the pari-mutuel pool on each and every race there conducted. The additional 0.6 percent shall be paid to the State Treasurer for deposit in the General Revenue Fund. However, this section shall not apply to any permittee conducting quarter horse racing under the provisions of s. 550.33.

History.-ss. 1, 5, ch. 77·166; s. 1, ch. 79·300. 'Note.-The expiration of this section on July 1, 1979, was nullified by s. 1,

ch. 79·300. Repealed effective July 1, 1980.

550.10 Occupational license tax to be paid by employees; denial and revocation of license.-

(1) All persons connected with racetracks shall pay an annual occupational license tax, this occupa­tional tax to be payable for each specified job per­formed. The scheduled license fees are as follows:

(a) Contractual concessionaires with permithold­ers, $25.

(b) Professional persons such as owners, trainers, veterinarians, doctors, nurses, officials and supervi­sors of all departments, $10.

(c) Jockeys, apprentice jockeys, jockey agents, and jai alai players, $5.

(d) Permitholder employees, concession em­ployees, grooms, exercise boys, hot-walkers, miscel­laneous stable help, platers and all others not specif­ically provided, $4.

(2) It is unlawful for any person to take part in or officiate in any way or to serve in any capacity at any racetrack without first having secured said li­cense and paid said occupational tax.

(3) Every racetrack operating in the state and having a license from the Division of Pari-mutuel Wagering shall be required to employ at least 85 percent of their employees from bona fide residents and citizens of the state, exclusive of jockeys or ap­prentices, exercise boys, owners, trainers, clockers and governing and managing officials and heads of the departments of the track.

(4)(a) The division may deny or revoke a license to any person who shall have been refused a license by any other state racing commission or racing au-

thority; provided, however, that the state racing commission or racing authority of such other state extends to the Florida Division of Pari-mutuel Wa­gering reciprocal courtesy to maintain the discipli­nary control.

(b) The Division of Pari-mutuel Wagering may deny or revoke any license where the holder thereof has violated the rules and regulations of the division governing the conduct of persons connected with the racetracks.

History.-s. 9B, ch. 14832, 1931; s. 9, ch. 17276, 1935; CGL 1936 Supp. 4151(58); s. 7, ch. 22858, 1945; s. 4, ch. 59-406; s. 1, ch. 67·565; s. 37, ch. 69·353; s. 2, ch. 71·98.

550.11 Tax imposed to be in lieu of other tax­es, except city.-The tax imposed by s. 550.10 shall be in lieu of all license, excise or occupational taxes to the state or any county, city, town or other politi­cal subdivision thereof, except that when any race meeting is held or conducted in any incorporated city or town, such city or town may assess and collect an additional tax against any person conducting rac­ing within its corporate limits not to exceed $150 per day for horseracing, and not to exceed $50 per day for dogracing; and except as herein provided, no in­corporated city or town shall by ordinance or resolu­tion enacted after the effective date of this act, assess or collect any additional excise or revenue tax against any person conducting race meetings within the corporate limits of such city or town, or against any patron of any such person.

History.-s. 10, ch. 14832, 1931; CGL 1936 Supp. 4151(59); s . 1, ch. 65-351.

550.12 Uniform reporting system.-(l)(a) It is the finding of the Legislature that a

uniform reporting system should be developed to provide acceptable uniform financial data and statis­tics which the state may use to review the operations of pari-mutuel permitholders in order to exercise a reasonable degree of control over the activities of the pari-mutuel industry.

(b) It is further the finding of the Legislature that this reporting system should also provide the various permitholders and industry groups and asso­ciations with a source of comparable data which may be used to analyze and improve operations of a single permitholder or of permitholder groups.

(2)(a) Every person conducting race meetings or jai alai exhibitions under this chapter shall so keep records as clearly to show the total number of admis­sions and the total amount of money contributed to every pari-mutuel pool on each race or exhibition separately and the amount of money received daily from admission fees and, within 120 days after the conclusion of its fiscal year, shall submit to the Divi­sion of Pari-mutuel Wagering a complete annual re­port of its accounts, certified by a public accountant licensed to practice in the state. If the fiscal year of a track or fronton should end during the course of its meet or exhibition, the report shall be filed with the division within 120 days after the end of such meet or exhibition.

(b) Each holder of a pari-mutuel permit shall, commencing May 29, 1975, and every 4 years there­after, file with the division an appraisal, prepared by a member of any nationally recognized professional appraisal society or association, of the fair value of

1487

Ch. 550 DOGRACING AND HORSERACING F.S.1979

the business, plant, and properties incident to the conduct and operation of the business of the pari­mutuel permittee. In the case of new permittees, said appraisal shall be filed within 180 days after commencing operation and every 4 years thereafter.

1(c) The division may make rules for the form and content of such reports, including, but not limited to, requirements for a statement of assets and liabili­ties, operating revenues and expenses, and net worth, and for any supporting informational sched­ule found necessary by the division to verify the fore­going financial statement, to permit the division to:

1. Assess the profitability and financial sound­ness of permitholders, both individually and as an industry;

2. Plan and recommend measures necessary to preserve and protect the pari-mutuel revenues of the state; and

3. Completely identify the holdings, transac­tions, and investments of permitholders with other business entities.

Such reports shall be certified by a public account­ant licensed to practice in this state.

(d) The Auditor General may audit and check the books and records of any such person and upon the request of the division shall do so. Any association whose meeting has terminated prior to the effective date of this act shall submit its audit under prior existing rule. These audit reports shall become part of, and be maintained in, the division files.

His tory.-s. 11, ch. 14832, 1931; CGL 1936 Supp. 4151(60); s. 5, ch. 59-406; s. 1, ch . 61-476; s. 8, ch. 69-82; s. 1, ch. 69-251; s. 2, ch . 71-98; s . 1, ch. 75-45; s. 1, ch. 77-43; ss. 3, 5, ch. 77-166; ss. 11, 22, ch. 77-167; s. 3, ch. 79-300.

'Note.-Section 3, ch. 79-300, provides that s. 550. 12(2)(c), as it existed on June 30, 1979, shall remain in effect until July 1, 1980, on which date it shall be superseded by s. 550.12(2)(c) as it existed on June 8, 1977, to read as follows:

(c) The division may make rules for the form and content of such reports, including, but not limited to, requirements for a statement of assets and liabilities, operating revenues and expenses, and net wor th, and for any sup­porting informational schedule found necessary by the division to verify the foregoing financial statement, to permit the division to:

1. Assess the profitability and fi nancial soundness of permitholders both individually and as an industry,

2. Plan and recommend measures necessary to preserve and protect the pari-mutuel revenues of the state,

3. Completely identify the holdings, transactions, and investments of per­mitholders with other business entities.

the several counties of the state, except that prior to making such distribution there shall be retained and reserved in the State Treasury a sum not to exceed $40,000 to the credit of the division for salaries and expenses.

(3) This section shall be construed to permit, af­ter expenses ofthe division are paid, the retention in the State Treasury from and after January 5 of each year and until May 5 of each year a sum not to exceed an amount equalling 10 percent of the total receipts under this chapter to insure sufficient mon­eys on hand at all times for current operating ex­penses of the division, and the Comptroller shall dis­tribute the balances over and above such 10 percent on or before January 5, February 5, March 5 and April 5. It shall further be construed to mean that, after all salaries and necessary expenses of the divi­sion have been paid for each racing season, up to but not exceeding $40,000 shall be retained to the credit of the division to meet its expenses accruing before further moneys are received under this chapter, and that all the balance of said money shall be appor­tioned equally and paid to the several counties of the state by the Comptroller on or before May 5 of each year or as soon thereafter as may be practicable.

History.-s. 12, ch. 14832, 1931; s. 1, ch. 16113, 1933; CGL 1936 Supp. 4151(61); s. 1, ch. 19170, 1939; s. 2, ch. 71-98; s. 1, ch . 71-129.

550.131 Payment of racing funds to district school boards.-ln all cases when it is provided by local or special laws that one-half of all moneys ac­cruing to any county of the state under the provi­sions of this chapter, (the same being Division of Pari-mutuel Wagering funds), shall be paid to the Treasurer of the state as ex officio treasurer of the Teachers Salary Fund, to the credit of the district school board, such moneys shall be paid direct to the school board of such county.

History.- s. 1, ch. 24144, 1947; s. 1, ch. 69-300; s. 2, ch. 71-98.

550.14 Use of moneys by counties.-When the moneys mentioned ins. 550.13 have been transmit­ted to the county commissioners of the several coun­ties of the state in accordance with the provisions of

550.13 Division of moneys derived under this this chapter, the county commissioners of the sever­law.-All moneys received by the State Treasurer as al counties may determine whether such moneys, or ex officio treasurer of the Division of Pari-mutuel any part thereof, shall be converted into the county Wagering shall be distributed in the following pro- school fund, or to some other lawfully authorized portions in the manner and at the times hereinafter fund, or shall be equally or otherwise apportioned to specified: any two or more of such funds; provided, however,

(1) All such moneys, after expenses of the clivi- that if the Supreme Court of this state shall hold the sian are paid, shall, to the extent to which such mon- foregoing use of said moneys mentioned ins. 550.13 eys after expenses do not exceed in any year the total to be an illegal use of the same, then said funds so of such moneys after expenses so paid for the fiscal remitted to the several counties of this state shall be year 1971, be divided into as many equal parts as held by the respective county commissioners in a there are counties in the state and there shall be fund to be designated "Special Road Fund," to be remitted one part to each county, and any excess of used by and under the direction of the board of coun­such moneys after expenses during any year shall be ty commissioners of each county, who are designated paid into the General Revenue Fund. ex officio agencies of the state for the purposes of this

(2) Distribution among the several counties shall chapter, for one or more of the following purposes begin each racing year on or before January 5 and which are expressly recognized and declared to be shall continue monthly through April 5; and on or proper state objects, and the expenses thereof in­before May 5 the State Comptroller shall determine curred for a general and state purpose: and make a finding of all receipts and all moneys (1) For the construction and maintenance of such paid out upon warrants of the Comptroller during state roads, or any of them, within such county as the year, and the balance remaining on hand as have not been taken over for maintenance by the shown by such statement shall be distributed among Department of Transportation; or

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F.S.1979 DOGRACING AND HORSERACING Ch. 550

(2) The whole or any part of the moneys so remit­ted may, by resolution of the board of county com­missioners of each county, be paid over by the county commissioners for use by the school board of such county, to be used by such school board in payment of teachers' salaries or in payment of cost of trans­portation of pupils in the public school system of such county; provided, that in those instances where, by virtue of any local or special law now in force or hereafter enacted, any portion of such funds is ear­marked for use by the school board of any county of this state, the county commissioners shall, upon re­ceipt of such funds, remit the proportionate allocat­ed part thereof to such school board, and the money so remitted shall be used for the exclusive purposes aforesaid; provided, further, in those instances where any other method of remittance is prescribed by local or special law then such method shall be followed.

This section shall be liberally construed. History.-s. 13, ch. 14832, 1931; CGL 1936 Supp. 4151(62); ss. 1, 2, ch. 19106,

1939; ss. 23, 35, ch. 69-106; s. 1, ch. 69-300; s. 196, ch. 77-104.

550.15 Bond required of licensees to conduct race meeting.-Every person to whom a license may be granted under this chapter, at his own cost and expense, shall, before any such license is deliv­ered, give a bond in the penal sum of$50,000 payable to the Governor of the state and his successors in office, with a surety or sureties to be approved by the division and the State Treasurer, conditioned to faithfully make the payments to the State Treasurer in his capacity as treasurer of the division and to keep his books and records and make reports as pro­vided, and to conduct his racing in conformity with this chapter.

History.-s. 14, ch. 14832, 1931; CGL 1936 Supp. 4151(73); s. 2, ch. 71-98.

550.16 Pari-mutuel pool authorized within track enclosure; commissions, breaks, etc.-

(1) The sale of tickets or other evidences showing an interest in or a contribution to a pari-mutuel pool is hereby permitted within the enclosure of any horse racetrack and dog racetrack licensed and con­ducted under this law, but not elsewhere in this state except as is provided in chapter 551. The sale and purchase of tickets or other evidences showing an interest in or a contribution to pari-mutuel pools in this state shall be under the supervision of the Divi­sion of Pari-mutuel Wagering and shall be done sub­ject to such regulations as the division shall from time to time prescribe.

(2) The commission on a pari-mutuel pool on ev­ery running horserace which may be withheld by the licensee and the state from the total contributions made to such pari-mutuel pool shall in no event ex­ceed 17 percent of the amount contributed thereto; the commission on a pari-mutuel pool on every har­ness race which may be withheld by the licensee and the state from the total contributions made to such a pari-mutuel pool shall in no event exceed 19 per­cent of the amount contributed thereto; and the com­mission on a pari-mutuel pool on every dograce which may be withheld by the licensee and the state from the total contributions made to such pari-mut­uel pool shall in no event exceed 17 percent of the

amounts contributed thereto, which said maximum commissions shall include the 3 percent tax hereto­fore provided by s. 550.09, together with the addi­tional tax of 4.5 percent of the total contributions to all pari-mutuel pools conducted on every horserace and the additional tax of 4 percent of the total contri­butions to all pari-mutuel pools conducted on every dograce, hereinafter provided for old age assistance and other purposes.

(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 horse 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 violating this section shall be guilty of a misdemeanor of the second degree, punishable as provided ins. 775.082 or s. 775.083.

(8) In addition to the 3 percent pari-mutuel tax provided for by s. 550.09, and any and all other taxes otherwise levied and assessed, every person, associa­tion or corporation conducting a horserace meet shall pay a tax equal to 4.5 percent, and every per­son, association or corporation conducting a dograce meet shall pay a tax equal to 4 percent of the total contributions to all pari-mutuel pools there conduct­ed and made on any and every horserace and dog­race for operation of such horse and dog tracks, which additional tax of 4.5 percent on horserace pari-mutuel pools and one-half of the additional 4 percent tax on dograce pari-mutuel pools shall be known as the "old age assistance tax" and shall be paid to the State Treasurer for deposit in the Gener­al Revenue Fund. The remaining one-halfofthe ad­ditional 4 percent tax on dograce pari-mutuel pools shall be paid to the State Treasurer as ex officio treasurer of the Division of Pari-mutuel Wagering and shall be distributed among the 67 counties of the state. Such money shall be divided into as many equal parts as there are counties in the state and there shall be remitted one part to each county. Dis­tribution among the several counties shall be as pro­vided by s. 550.13.

(9) Provided that in the event the tax equal to 3 percent of the total contributions to all pari-mutuel pools conducted or made on any and every horse racetrack, plus the $3,000 license fee from horse (running) tracks having an average daily pari-mut­uel pool ofless than $175,000 per day for the preced­ing season, and on any and every dog racetrack as

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Ch. 550 DOGRACING AND HORSERACING F.S.1979

provided by s. 550.09, plus the $300 license fee from dog tracks having an average daily pari-mutuel pool of less th~n ~20,000 per day for the preceding racing season, d1stnbuted equally to the 67 counties of this state, produces during any full and complete racing season authorized by law, less than the total amount from said source distributed to the said counties dur­ing the racing season 1940-1941, such deficiency and no more shall be paid into said fund created by the said 3 percent tax and license fee as aforesaid for distribution to the 67 counties of this state according to law, from and out of the additional tax equal in the amount of 4.5 percent on all pari-mutuel pools at horserace meets and the $1,000 license fee for old age assistance from horse (running) tracks having an average daily pari-mutuel pool ofless than $175 000 per day for the preceding season and 2 percent o~ all pari-mutuel pools at dog race meets, and the $200 license fee for old age assistance from dogracing tracks having an average daily pari-mutuel pool of less than $20,000 per day for the preceding racing sea~on, as herein levied and designated for old age ass1stance, and the balance of said additional tax of 4.5. percent and the $1,000 license fee for old age ass1stance from horse (running) tracks having an average daily pari-mutuel pool ofless than $175,000 per day for the preceding season, on horse racetracks and 2 percent on dog racetracks having an average daily pari-mutuel pool of less than $20,000 per day for the preceding racing season, shall be paid into said General Revenue Fund as herein provided, and for the purposes set forth .

(10) The taxes levied by subsection (8) to be known as the old age assistance tax shall in nowise affect or be construed to repeal or affect any other tax on horse or dog racetracks or races or the appor­tionment thereof in equal portions to each county of the state.

(11) The taxes levied by subsection (8) shall be paid at the times and places as provided by law for the payment of other taxes based on a percent of pari-mutuel pools.

(12) Any willful or wanton failure by any licens­ee to make payment into the State Treasury as re­quired by law shall constitute sufficient ground for the Division of Pari-mutuel Wagering to revoke the permit of such licensee and no further license or permit shall be issued to such former licensee.

(13) The commission on a pari-mutuel pool on each _quarter horse race, which shall be withheld by the hcensee and the state from the total contribu­tions made to such pari-mutuel pool, shall in no way exceed 18 percent of the amount of contributions thereto. The additional 1 percent authorized to be withheld by the licensees licensed under chapter 550 from the total contributions made to the pari-mutuel pool on each race conducted by a quarter horse li­censee under this chapter shall be withheld and paid ~y said li~ensee into the Sta~e Treasury, to be kept m a spec1al fund to be des1gnated as the Florida Quarter Horse Racing Promotion Trust Fund. The Department of Agriculture and Consumer Services shall administer such funds and prescribe suitable and reasonable rules for the administration thereof It is the intent of the Legislature that the moneys in the Florida Quarter Horse Racing Promotion Trust

Fund be allocated for the supplementing and aug­mentin~ of purses and_ prizes and for the general promotwn of the ownmg and breeding of racing quarter horses in Florida.

History.-s. 16, ch. 14832, 1931; s. 10, ch. 17276, 1935; CGL 1936 Supp. 4151(74), 8135(6b); ss. 1-6, ch. 20306, 1941; ss. 1-6, 9, ch. 21744, 1943; s. 1, ch. 22589, 1945; s. 1, chs. 25257, 26334, 1949; s. 1, ch. 28058, 1953; ss. 1-3, ch. 29694, 1955; s. 2, ch. 61-119; s. 1, ch. 61-516; s. 1, ch. 63-314; s. 1, ch. 69-86; s. 2, ch. 71-98; s. 540, ch. 71-136; s. 1, ch. 71-146; s. 1, ch. 72-129· ss. 1 6 ch. 75-42· s 4 ch 77-166; s. 1, ch. 77-177. ' ' ' ' · ' · cf.-s. 550.09 Moneys to be paid division for operation of racetrack.

s. 550.26 "Breaks" tax deposited in General Revenue Fund.

550.161 Pari-mutuel pools of less than $400. 000 daily; license fee; distribution.- '

'(1) Any duly licensed horse (running) racetrack having an average daily pari-mutuel pool of less than $400,000 per day for the current racing season shall, in lieu of a payment ofthe tax to the state from pari-mutuel pools as now provided by law, be permit­ted _to operate th~ s3:le of pari-mutuel pools on the bas1s of a fixed dally hcense fee, which shall be deter­mined from the curr~nt racing season's daily pari­mutuel pool of the hcensee, and which is hereby fixed according to the following schedule:

Up to $175,000 .. ........ .. .................. .... .......... .... $4,000 Over $175,000 but not exceeding $200,000 .... 5,000 Over $200,000 but not exceeding $225,000 .... 6,000 Over $225,000 but not exceeding $250,000 .... 7,000 gver $250,000 but not exceeding $275,000 .... 9,000

ver $275,000 .................................................. 11,000

th_ree-fourths of which daily license fee shall be dis­tnbuted equally to the 67 counties of this state and the remaining one-fourth to the state's General Rev­enue Fund. In no event shall the daily license fee exceed $11,000 per day.

(2) The tax imposed by s. 550.26 shall be retained by tracks defined in this section and the proceeds from said breaks shall be distributed by such tracks as follows:

(a) For the payment of breeders' awards pursu­ant to the provisions of s. 550.38 of this chapter.

(b) The balance ofthe proceeds from said breaks and 50 percent of net commissions shall be distribut­ed by said tracks for the payment of purses as ap­proved by the Division of Pari-mutuel Wagering.

(3) No contract or agreement shall be valid or enforceable which requires or provides for any of sue~ ~ra~k~ to distx:ibute in purses a percentage of the1r md1v1dual pan-mutuel handle in a manner dif­ferent or for a greater or lesser amount than that her_ein provided for. Owners and trainers, by appli­catwn for and acceptance of a license to race their horses in this state, shall be deemed to have read and understand fully the provisions of this section and willful refusal to enter horses because of the o~erall purse structure herein required shall be deemed g_rounds for revocation of such license by the divi­swn.

History,-ss. 1, 2, ch. 28193, 1953; s. 24, ch. 57-1; s. 6, ch. 59-406; s. 2, ch. 61-119; s. 2, ch. 69-86; ss. 1, 2, ch. 69-368; s. 2, ch. 71-98; ss. 11, 22, ch. 77-167; s. 3, ch. 79-300. 'Note.-Section 3, ch. 79-300, provides that s. 550.161(1), as it existed on June

30, 1979, shall remain in effect until July 1, 1980, on which date it shall be superseded by s. 550.161(1) as it existed on June 8, 1977, to read as follows:

(1) Any duly hcensed horse (running) racetrack having an average daily pari-mutuel pool of less than $400,000 per day for the preceding racing season shall, m heu of the payment of the 4.5 p~rcent and 3 percent tax paid to the state from pan;mutuel pools as now provided by law, be permitted to operate the sale of pari-mutuel pools on the basis of a fixed daily license fee which shall be determined from the preceding racing season's daily average pari-

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F.S.1979 DOGRACING AND HORSERACING Ch. 550

mutuel pool of the licensee, and which is hereby fixed according to the follow­ing schedule:

Up to $175,000 .. . ................ $4,000 Over $175,000 but not exceeding $200,000 ................. ..... ................. ... 5,000 Over $200,000 but not exceeding $225,000 .. ....... ... ........ ....... .............. .... 6,000 Over $225,000 but not exceeding $250,000 ........................ ...................... 7,000 Over $250,000 but not exceeding $275,000 ........................................... 9,000 Over $275,000 but not exceeding $300,000 ..... ..................... .................. 11,000 Over $300,000 but not exceeding $325,000 ....................... ................ 13,000 Over $325,000 but not exceeding $350,000 ..................................... 15,000 Over $350,000 but not exceeding $375,000 ......................................... ... 18,000 Over $375,000 but less than $400,000 .. . ................ ..... 21,000

three-fourths of which daily license fee shall be distributed equally to the 67 counties of this state and the remaining one-fourth to the state's General Revenue Fund.

550.162 Dogracing; daily operational cost al­lowance.-

(l)(a) It is the finding of the Legislature of Flori­da that 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; that 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 counties. It is the further finding of the Legislature that the operators of dog tracks should pay their fair share of taxes to the state, and at the same time this substantial business interest should not be taxed to an extent as to cause a track which is operated under sound business principles to be forced out of business.

(b) It is the further finding of the Legislature that all dog racetracks have in common a "daily initial expense of operation." This "daily initial ex­pense of operation" is created by certain factors which are common to all dog tracks and which re­main relatively uniform and constant among the several dog tracks throughout a race meeting.

(2) Each licensed dog track holding a permit to conduct racing in this state under the authority of this chapter, and the state by and through the Divi­sion of Pari-mutuel Wagering, is authorized to with­hold from the total maximum commission of 17 per­cent that may be withheld from the total amounts contributed to pari-mutuel pool on dograces the sum of $170 per race, and not to exceed 105 days during any race meeting, which said amounts shall be cred­ited to the dog track operators as a daily "initial expense of operation." No tax shall be levied or col­lected on said $170 so withheld, and all taxes im­posed by ss. 550.09 and 550.16 or by any other act of the Legislature shall be imposed upon the 17 percent of total amounts contributed to any pari-mutuel pool at dog tracks less the above described $170 "initial expense of operation" amount per race. The daily "initial expense of operation" allowance shall be de­ducted from the 17 percent commission prior to any tax being imposed on said pool, and said allowance shall be credited to the track operator.

(3) All allowances granted by this section to the track operator known as the "initial expense of oper­ation" allowance shall appear on the report ten­dered by the licensee as provided by s. 550.09, and shall be shown on the tax report submitted by the licensee every 7th day of the race meeting.

(4) Nothing in this section shall be construed so as to allow any dog track in this state an "initial expense of operation" allowance as provided herein

for any day on which races may be held for the bene­fit of educational scholarships or charitable organi­zations.

History.- ss. 1·4, ch. 29693, 1955; s. 2, ch. 71·98; ss. 2, 6, ch . 75.42; s. 4, ch. 77·166; s. 1, ch. 77·449.

550.163 Dogracing; daily license fee.-(1) Any duly licensed dog racetrack, having a dai­

ly pari-mutuel pool ofless than $25,000 per day in a racing season, shall, in lieu of the payment of the tax imposed in ss. 550.09 and 550.16, or any other law imposing a tax upon the 17 percent of the total pari­mutuel pool at dog racetracks, be permitted to oper­ate the sale of pari-mutuel pools on the basis of a fixed daily license fee which fee shall be determined from the following schedule:

Up to and including $20,000 .................... .. .... $150 Over $20,000 per day and not exceeding

$21,000 per day ............ .. .. .... .. .. .. ........ .. ............ .. .... 200 Over $21,000 per day and not exceeding

$22,000 per day .. .. .. .. .. .. .. .... ...... .. ........ ...... .............. 250 Over $22,000 per day and not exceeding

$23,000 per day .... .. .. .. .. .. .. ...... .. .......... ................ .... 300 Over $23,000 per day and not exceeding

$24,000 per day ...... .... .... .... .. .... .... .. .. .. .. .... .... .. ...... .. 350 Over $24,000 per day and not exceeding

$25,000 per day .. .. .. .... .. .... .. .... .. .. ...... .. .. .. .. .. ... .. .. .... . 400 (2) Whenever any dog racetrack exceeds the sum

of$25,000 per day in its pari-mutuel pool totals, this section shall not apply and such dog racetrack shall be taxed as provided by other general laws, and at such time such dog track shall receive any "daily initial cost of operation" credit allowed by general law.

(3) Three-fifths of such daily license fee shall be distributed equally to the 67 counties of the state and the remaining two-fifths to the state's General Reve­nue Fund.

History.-ss. 1·3, ch. 29751, 1955; (3) a. by s. 2, ch . 61·119.

550.164 Escheat to state of abandoned inter­est in or contribution to pari-mutuel pools.-

(1) It is hereby declared to be the public policy of the state, while protecting the interest of the owners thereof, to possess all unclaimed and abandoned in­terest in or contribution to any pari-mutuel pool con­ducted in this state under the provisions of this chap­ter and chapter 551, for the benefit of all the people of the state, and this law shall be liberally construed to accomplish such purpose.

(2) All money 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 licensee authorized to conduct pari-mutuel pools in this state for a period of 1 year from the date said 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 the aforesaid period of time, is here­by declared to have escheated to or to escheat to, and to have become the property of the state.

(3) All money or other property which shall have escheated to and become the property of the state as provided herein, and which is held by such licensees, authorized to conduct pari-mutuel pools in this state, shall be paid by such licensees to the State Treasurer annually within 60 days after the close of the race

1491

Ch. 550 DOGRACING AND HORSERACING F.S.l979

meeting of the said licensee. Such moneys so paid by said licensees to the State Treasurer shall be deposit­ed in the State School Trust Fund to be used for the support and maintenance of public free schools as required by s. 6, Art. IX, State Constitution.

History.-ss. 1·4, ch. 29688, 1955; s. 7, ch. 59-406; s. 2, ch. 61-119; s. 26, ch. 69-216.

550.17 Proof of referendum required.-(!) The Division of Pari-mutuel Wagering shall

not issue any license under this chapter except upon proof in such form as the division may prescribe that a referendum election has been held in the county where the applicant for such license desires to con­duct a race meeting and that a majority of the elec­tors voting on that question in such election voted in favor of licensing such racing.

(2)(a) Notwithstanding any provisions of this chapter, no thoroughbred horse racing permit or li­cense issued under this chapter shall be transferred, or reissued when such reissuance is in the nature of a transfer, so as to permit or authorize a licensee to change the location of a thoroughbred horse race­track except upon proof in such form as the division may prescribe that a referendum election has been held:

1. If the proposed new location is within the same county as the already licensed location, in the county where the licensee desires to conduct the race meeting and that a majority of the electors voting on that question in such election voted in favor of the transfer of such license.

2. If the proposed new location is not within the same county as the already licensed location, in the county where the licensee desires to conduct the race meeting and in the county where the licensee is al­ready licensed to conduct the race meeting and that a majority of the electors voting on that question in each such election voted in favor of the transfer of such license.

(b) Each referendum held under the provisions of this subsection shall be held in accordance with the electoral procedures for ratification of permits, as provided ins. 550.06. The expense of each such refer­endum shall be borne by the licensee requesting the transfer.

History.-s. 17, ch. 14832, 1931; CGL 1936 Supp. 4151(75); s. 2, ch. 71-98; s. 1, ch. 76-179.

550.18 Petition for election to revoke license. -Upon petition of 20 percent of the qualified elec­tors of any county wherein any racing has been li­censed and conducted under this chapter, the county commissioners of such county shall provide for the submission to the electors of such county at the then next succeeding general election the question of whether any permit or permits theretofore granted shall be continued or revoked, and if a majority of the electors voting on such question in such election shall vote to cancel or recall the permit theretofore given, then the Division of Pari-mutuel Wagering shall not thereafter grant any license on the permit so recalled. Every signature upon every such recall petition shall be signed in the presence of the clerk ofthe board of county commissioners at the office of the clerk of the circuit court of the county and the petitioner shall present at the time of such signing

his registration receipt showing his qualification as an elector of the county at the time of the signing of the petition. Not more than one permit shall be in­cluded in any one petition and in all elections where­in the recall of more than one permit shall be voted on, the voters shall be given an opportunity to vote for or against the recall of each permit separately. Nothing in this chapter shall be construed to pre­vent the holding of later referendum or recall elec­tions.

History.-s. 18, ch. 14832, 1931; s. 11 , ch. 17276, 1935; CGL 1936 Supp. 4151(76); s. 7, ch. 22858, 1945; s. 2. ch. 71-98.

550.181 Certain persons prohibited from holding racing or jai alai permits; suspension and revocation.-

(!) No corporation, general or limited partner­ship, sole proprietorship, business trust, joint ven­ture or unincorporated association, or other business entity shall hold any horseracing or dogracing per­mit or jai alai fronton permit in this state if any one of the persons or entities specified in paragraph (a) has been determined by the division not to be of good moral character or has been convicted of any offense specified in paragraph (b).

(a)l. The permitholder; 2. An employee of the permitholder; 3. The sole proprietor of the permitholder; 4. A corporate officer or director of the permit-

holder; 5. A general partner of the permitholder; 6. A trustee of the permitholder; 7. A member of an unincorporated association

permi tholder; 8. A joint venturer of the permitholder; 9. The owner of more than 10 percent of any

equity interest in the permitholder, whether as a common shareholder, general or limited partner, voting trustee, or trust beneficiary; or

10. An owner of any interest in the permit or permitholder, including any immediate family mem­ber of the owner, or holder of any debt, mortgage, contract or concession from the permitholder, who by virtue thereof is able to control the business of the permitholder.

(b)l. A felony in this state; 2. Any felony in any other state which would be

a felony if committed in this state under the laws of Florida;

3. Any felony under the laws of the United States;

4. A felony under the laws of another state if related to gambling which would be a felony under the laws of Florida if committed in this state; or

5. Bookmaking as defined in s. 849.25. (2)(a) If the applicant for permit as specified un­

der subsection (1) or a permitholder as specified in paragraph (l)(a), has received a full pardon or a res­toration of civil rights with respect to the conviction specified in paragraph (l)(b), then the conviction shall not constitute an absolute bar to the issuance or renewal of a permit or grounds for the revocation or suspension of a permit.

(b) Any permitholder as specified in paragraph (1)(a) who on June 9,1977, had been convicted of any offense specified in paragraph (1)(b) and who had not received as of June 9, 1977, a full pardon or restora-

1492

F.S.1979 DOGRACING AND HORSERACING Ch. 550

tion of civil rights with respect to such conviction, shall have until July 1, 1978, to obtain a full pardon or restoration of civil rights under Florida law.

(c) A corporation which has been convicted of a felony shall be entitled to apply for and receive a restoration of its civil rights in the same manner and on the same grounds as an individual.

(3) After notice and hearing, the Division ofPari­mutuel Wagering shall refuse to issue or renew or shall suspend, as appropriate, any permit found in violation of subsection (1). The order shall become effective 120 days after service of the order upon the permitholder and shall be amended to constitute a final order of revocation unless the permitholder has, within that period of time, either caused the divestiture, or agreed with the convicted person upon a complete immediate divestiture, of his hold­ing, or has petitioned the circuit court as provided in subsection (3) or, in the case of corporate officers or directors of the holder or employees of the holder, has terminated the relationship between the permit­holder and those persons mentioned. The Division of Pari-mutuel Wagering may, by order, extend the 120-day period for divestiture, upon good cause shown, to avoid interruption of any jai alai or race meeting or to otherwise effectuate this section. If no action has been taken by the permitholder within the 120-day period following the issuance of the or­der of suspension, the division shall, without further notice or hearing, enter a final order of revocation of the permit. When any permitholder or sole proprie­tor of a permitholder is convicted of an offense speci­fied in paragraph (l)(b), the Department of Business Regulation may approve a transfer of the permit to a qualified applicant, upon a finding that revocation of the permit would impair the state's revenue from the operation of the permit or otherwise be detri­mental to the interests of the state in the regulation of the industry of pari-mutuel wagering. In such ap­proval, no public referendum shall be required, not­withstanding any other provision of law. Petitions for transfer after conviction must be filed with the department within 30 days after service upon the permitholder of the final order of revocation. The timely filing of such a petition shall automatically stay any revocation order until further order of the department.

(4) The circuit courts shall have jurisdiction to decide a petition brought by a holder of a pari-mut­uel permit who shows that his or its permit is in jeopardy of suspension or revocation under subsec­tion (2) and that it is unable to agree upon the terms of divestiture of interest with the person specified in subparagraphs (l)(a)3.-9. who has been convicted of an offense specified in paragraph (l)(b). The court shall determine the reasonable value of the interest of the convicted person and order a divestiture upon such terms and conditions as it finds just. In deter­mining the value of the interest of the convicted person, the court may consider, among other mat­

ing, and obtaining of personal data of individuals described in paragraph (l)(a) and the obtaining of such data regarding the business entities described in paragraph (l)(a) as is necessary to effectuate the provisions of this act.

History.-ss. 1-3, ch. 26832, 1951; s. 2, ch. 71-98; s. 5, ch. 74-379; s. 1, ch. 77-168; s. 14, ch. 79-4; s. 223, ch. 79-400. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep.

tions. s. 550.33 Quarter horse races.

550.19 Chapter not applicable to racing con­ducted by fair associations.-No part of this chap­ter shall be construed to apply to racing conducted by county or state fair associations or to any racing whatsoever except running or harness horse races and dograces.

History.-s. 19, ch. 14832, 1931; CGL 1936 Supp. 4151(77).

550.21 Permits not assignable.-(!) No permit granted under the provisions of

this chapter shall be transferred or assigned except upon application to, and written consent and approv­al of the transfer by, the division pursuant to the provisions of s. 550.181.

(2) At all times prior to approval of a transfer or assignment of the permit the transferor shall be deemed to be the permitholder.

(3) Whenever a permit to conduct pari-mutuel wagering is held by a corporation or business entity other than an individual, no transfer of 10 percent or more of the stock or other evidence of ownership or equity in the permitholder shall be made, absent the prior approval of the transferee by the division pursuant to the provisions of s. 550.181.

History.-s. 21, ch. 14832, 1931; s. 12, ch. 17276, 1935; CGL 1936 Supp. 4151(79); s. 2, ch. 71-98; s. 2, ch. 77-168.

550.215 Costs of investigation; division to charge applicants.-

(!) The division is authorized to charge any an­ticipated costs incurred by the division, in determin­ing the eligibility of any person or entity specified in paragraph 550.181(1)(a) to hold any horseracing, dogracing, or jai alai fronton permit, against such person or entity.

(2) The division may, by rule, determine the manner of payment of its anticipated costs and the procedure for filing applications for permit eligibili­ty in conjunction with payment of said costs.

(3) The division shall furnish to the applicant an itemized statement of actual costs incurred during the investigation to determine eligibility.

(4) In the event there are unused funds at the conclusion of such investigation, such funds shall be returned to the applicant within 60 days after the determination of eligibility has been made.

(5) In the event actual costs of investigation ex­ceed anticipated costs, the division shall assess the applicant those moneys necessary to recover all ac­tual costs.

History:-s. 1, ch. 78-391.

ters, the value of the assets of the permitholder, its 550.22 Moneys to be held by State Treasurer good will and value as a going concern, recent and if distribution held illegal.-In the event the Su­expected future earnings, and other criteria usual preme Court of the state should hold invalid the and customary in the sale of like enterprises. apportionment and distribution as now or hereafter

(5) The Division of Pari-mutuel Wagering shall provided of any part or all of the excise or license make such rules for the photographing, fingerprint- taxes now collected by the state incident to the oper-

1493

Ch. 550 DOGRACING AND HORSERACING F.S.1979

ation of any racetrack or of the game of jai alai or pelota, or pari-mutuel pools conducted in conjunc­tion therewith, then all such funds levied and col­lected by the state from the operation thereof shall be held in a separate fund by the State Treasurer of this state, such fund to be known and designated as the "Special Division of Pari-mutuel Wagering Fund," until such time as the Legislature of this state shall authorize the distribution thereof. The fund so impounded shall not be subject to transfer, temporarily or permanently, to any other fund .

History.-s. 22, ch. 14832, 1931; s. 1, ch. 19114, 1939; CGL 1940 Supp. 4151(72dd); s. 2, ch. 71-98.

550.23 Application of laws inconsistent with this chapter.-Alllaws and parts oflaws inconsist­ent with any of the provisions of this chapter are expressly declared not to apply to any person partici­pating or engaged in racing or making or contribut­ing to pools thereon as authorized by and conducted under this chapter.

History.-s. 23, ch. 14832, 1931; CGL 1936 Supp. 4151(81).

550.24 Conniving to prearrange result of race; stimulating or depressing horse or dog; penalty.-Any person who shall influence or have any understanding or connivance with any owner, jockey, groom or other person associated with or in­terested in any stable, kennel, horse or dog or race in which any horse or dog participates, to prear­range or predetermine the results of any such race, or any person who shall stimulate or depress a dog or horse for the purpose of affecting the results of a race, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 9, ch. 17276, 1935; CGL 1936 Supp. 8135(6a); s. 541, ch. 71-136.

550.25 Penalty for conducting unauthorized race meeting.-Every race meeting at which racing is conducted for any stake, purse prize or premium, except as allowed by this chapter, is prohibited and declared to be a public nuisance, and every person acting or aiding therein or conducting, or attempting to conduct, racing in this state not in conformity with this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 15, ch. 14832, 1931; CGL 1936 Supp. 8135(6); s. 542, ch. 71-136.

550.26 Tax on breaks; distribution.-(!) A tax is hereby levied upon every pari-mutuel

pool conducted by horse tracks and dog tracks within the state authorized by law so to do equal to the "breaks," which said "breaks" shall be the differ­ence between:

(a) The amount contributed to a pool; and (b) The total of the commissions and the sums

actually redistributed to the contributors, which tax shall be known as the "breaks tax."

(2) The tax hereby levied shall be paid at the times and places as provided by law for the payment of other taxes based on a percent of the pari-mutuel pool.

(3) It shall be the duty of every such horse race­track licensee and of every such dog racetrack licens­ee to pay unto the State Treasurer the tax hereby

levied and said licensee shall be liable therefor. (4) The breaks tax hereby levied on pari-mutuel

pools conducted by horse tracks, and three-fourths of the breaks tax hereby levied on pari-mutuel pools conducted by dog tracks, shall be deposited by the State Treasurer into, and it shall become and be made a part of, the General Revenue Fund. The re­maining one-fourth of the breaks tax levied on pari­mutuel pools conducted by dog tracks shall be divid­ed into as many equal parts as there are counties in the state and there shall be remitted one part to each county. This distribution to the counties shall be made at the times and in the manner provided by s. 550.13.

(5) Fifty percent of the breaks tax levied on pari­mutuel pools conducted by harness racing tracks shall be paid into the State Treasury to be kept in a special fund to be designated as the "Florida Har­ness Horse Racing Promotion Trust Fund." The De­partment of Agriculture and Consumer Services shall administer such fund and prescribe suitable and reasonable rules for the administration thereof. It is the intention of the Legislature that the moneys in the Florida Harness Horse Racing Promotion Trust Fund be allocated for the supplementing and augmenting of purses and prizes and for the general promotion of owning and breeding of standardbred horses in Florida. Such payments may be made di­rectly to the Florida Standardbred Breeders' and Owners' Association despite the provisions of s. 216.331.

(6) Fifty percent of the breaks tax levied on pari­mutuel pools conducted by quarter horse licensees shall be paid into the State Treasury to be kept in a special fund to be designated as the "Florida Quarter Horse Racing Promotion Trust Fund." The Depart­ment of Agriculture and Consumer Services shall administer such fund and prescribe suitable and rea­sonable rules and regulations for the administration thereof. It is the intention of the Legislature that the moneys in the Florida Quarter Horse Racing Promo­tion Trust Fund be allocated for the supplementing and augmenting of purses and prizes and for the general promotion of owning and breeding of racing quarter horses in Florida.

History.-ss. 1-4, ch. 20307, 1941; s. 1, ch. 22588, 1945; s. 7, ch. 24337, 1947; s. 1, ch. 29810, 1955; s. 2, ch. 61-119; s. 2, ch. 63-314; s. 1, ch. 65-381; s. 2, ch. 69-50; ss. 3, 5, ch. 69-86; ss. 14, 35, ch. 69-106; s. 4, ch. 70-226; s. 1, ch. 70-439; s. 1, ch. 78-337.

1550.261 Winter horseracing; purse require­ments.-The sum of 4 percent of the total contribu­tions to the pari-mutuel pool at each winter horse racetrack, based on the current year's pari-mutuel handle, shall be paid by each winter thoroughbred hor~e track for purses during its authorized racing penod. Overpayments and underpayments of esti­mated seasonal purse requirements shall be adjust­ed in the next succeeding racing season.

History.-s. 4, ch. 69-86; s. 2, ch. 71-98; ss. 9, 12, ch. 75-43; ss. 12, 22, ch. 77-167; s. 2, ch. 79-300.

'Note.-Section 2, ch. 79-300, provides that s. 550.261, as it existed on June 30, 1979, shall remain in effect until July 1, 1980, on which date it shall be superseded by s. 550.261 as it existed on May 28, 1975, to read as follows:

550.261 Horseracing; winter season purse pool.-( I) It is the finding of the Legislature that when well-bred horses are

racing, ~orse tracks are likely to attract more of the wagering public with a concormtant increase in the amount wagered, resulting in increased revenue to the state and the counties. It is the further finding of the Legislature that the _purse structure of th~ three horse racetracks operating consecutive 40-day racmg meets, as authonzed by s. 550.081, should be coordinated in such a

1494

F.S.1979 DOGRACING AND HORSERACING Ch. 550

manner as to induce the owners of such well-bred horses to race at all three of the racetracks conducting consecutive racing meets as aforesaid since fre­quently horses stabled at one track are vanned to and race at the other two tracks.

(2) It is the further finding of the Legislature that legislative bodies in other states have authorized additional days of horseracing which directly conflict with the winter horseracing season in this state and certain racetracks in those states are highly competitive from the standpoint of purses, thereby inducing the owners of well-bred horses to remain in such other states and not to ship their stables to Florida for the 120-day winter racing season. It is the further finding of the Legislature that it is necessary to strengthen and aug­ment the purses being paid at each of the three racetracks so as to provide higher minimum purses and improved stake programs in order to successfully compete with horse racetracks in other states.

(3) It is the further finding of the Legislature that purses paid by a horse racetrack are historically conditioned on a percentage of the total amount of the pari-mutuel pool at such racetrack during its preceding racing meet. It is the further finding of the Legislature that when one or more of the three racetracks operating successive meets as aforesaid has a substantially lower pari-mutuel handle than one or more of the other tracks, substantially lower purses are paid by such track or tracks in the succeeding year, thereby dis­couraging many owners from shipping to or remaining in Florida for the 120-day winter racing season. It is the further finding of the Legislature that the purse structure at each of the three tracks should be coordinated insofar as practicable so as to provide for a balanced and coordinated program of horseracing by such tracks.

(4) In order to insure such a well-balanced and coordinated program of winter horseracing at said three tracks, a common purse pool is hereby estab­lished. One-fourth of the commission authorized by s. 550.16, to be withheld by each of the three licensees from its pari-mutuel pool, the same being equiva­lent to 4 percent thereof, shall be credited by each track to the common purse pooL The total sum credited to said purse pool during the 120-day winter racing ·season as well as the amount credited thereto from the conduct of charity or scholarship days of racing shall be thereafter allocated and distrib­uted as follows: 29.5 percent thereof to the track operating the first 40-day period; 38 percent thereof to the track operating the middle 40-day period; and 32.5 percent thereof to the track operating the final 40-day period. The appor­tionment of and accounting for the amount credited to or to be withdrawn from such Division of Pari-mutuel Wagering so as to insure that the 4 percent withheld by each licensee from its pari-mutuel pool is used solely and exclu­sively for the payment of purses. Breeders' awards shall be paid by the tracks.

(5) Distribution and allocation of funds for purses to the track or tracks entitled thereto pursuant to the provisions hereof shall be made on or prior to November 1 of each year on the basis of the total amount credited to the common purse pool by the three tracks during the immediately preceding winter horserace season.

(6) It is the further finding of the Legislature that a distribution of the commissions withheld by each track as herein provided for will benefit each of the three tracks operating successive meets and will insure a well-coordinat­ed 120-day program of winter horseracing with improved purses at each track, which in turn will induce the owners of the best stables and of well-bred horses not only to race in Florida but also to remain in this state throughout the entire 120-day winter meeting.

(7) No contract or agreement shall be valid or enforceable which requires or provides for any of such tracks to distribute in purses a percentage of their individual pari-mutuel handle in a manner different or for greater or lesser amount than that herein provided for. Owners and trainers, by application for and acceptance of a license to race their horses in this state and their written acknowledgment that they have read and understand this section, shall be deemed to have agreed to the provisions of this section, and willful refusal to enter horses because of the overall purse structure herein required shall be deemed grounds for revocation of such license by the division.

550.2615 Distribution of certain funds to a horsemen's association.-

(!) Each licensee who holds a permit for thoroughbred horseracing in this state shall deduct from the purses required by s. 550.261 or s. 550.44, an amount of 1 percent of the total purse pool and shall pay said amount to a horsemen's association for its use in accordance with the stated goals of its articles of association filed with the Department of State.

(2) Said funds shall be payable to a horsemen's association only upon presentation of a sworn state­ment by the officers of the association that the horse­men's association represents a majority of the own­ers and trainers of thoroughbred horses stabled in Florida for a continuous 12-month period who con­duct racing at the licensee's place of business.

(3) The Division of Pari-mutuel Wagering shall audit all distribution of such funds to the horsemen's association and shall promulgate rules to facilitate orderly transfer offunds in accordance with the pro­visions of this law.

(4) If the division finds that said funds have not been used by the horsemen's association in accord-

ance with its state articles of association, no further funds shall be permitted to be designated for the use of the horsemen's association, and the division shall bring the matter to the attention of the Legislature.

History.-s. 1, ch. 78-167.

550.262 Horseracing; Florida breeders' awards and overnight purses.-

(1) It is the finding of the Legislature that purse structure and the availability of breeder awards are important factors in attracting the entry of well­bred horses in Florida racing meets, which in turn helps to produce maximum racing revenues for the state and the counties.

(2) In addition to amounts otherwise required by law, 1 percent of the total contributions made to the pari-mutuel pool on each horserace shall be paid by the licensee for Florida breeders' awards and over­night purses out of the amounts which may be with­held from pari-mutuel pools under ss. 550.16 and 550.42.

'(3)(a) Every permitholder licensed by the Divi­sion of Pari-mutuel Wagering under the laws of this state to conduct a harness race meeting shall, by the acceptance of said license, be deemed to have agreed, as a condition of the granting thereof, that such li­censee shall, within 30 days after the expiration of such meeting, pay to the breeder of each Florida standardbred horse winning an overnight race at such meeting a sum not exceeding 15 percent of the announced gross purse or $100, whichever is greater. The amount of the breeders' award shall not in any case be deducted from the amount of the purse. No breeders' award or stallion award shall be paid when the purse includes an award to the breeder or owner of the stallion equal to or greater than the amount herein specified. The amount paid as a breeders' award or stallion award shall not be included in esti­mating the value of the race to the winner. A stallion award shall be paid for all stake races, including races for Florida standardbreds exclusively; howev­er, no breeders' award shall be required or paid on stake races. Whenever a Florida standardbred wins a stake race, the owner or owners of the sire of such winning Florida standardbred shall be entitled to a sum equal to 15 percent of the announced gross purse if the stallion is registered with the Florida Standardbred Breeders and Owners Association and if the breeding occurred, and the stallion is still standing, in Florida. The Florida Standardbred Breeders and Owners Association shall maintain complete records showing awards earned, received, and distributed and shall be permitted to charge the breeder a reasonable fee for this service.

(b) In order for a breeder of a Florida standard­bred horse to be eligible to demand and receive a breeders' award, the horse winning the race must have been registered as a Florida standardbred with the Florida Standardbred Breeders and Owners As­sociation, and a registration certificate under seal with proper serial number of the United States Trot­ting Association registry 2[must show] that the win­ner is duly registered as a Florida standardbred. The Florida Standardbred Breeders and Owners Associa-

1495

Ch. 550 DOGRACING AND HORSERACING F.S.1979

tion shall be permitted to charge the registrant a reasonable fee for this verification and registration.

History.-s. 2, ch. 71-146; s. 2, ch. 72-129; ss. 13, 22, ch. 77-167; s. 3, ch. 79-300. 'Note.-Section 3, ch. 79-300, provides that s. 550.262(3), as it existed on June

30, 1979, shall remain in effect until July 1, 1980, on which date it shall be superseded by s. 550.262(3) as it existed on June 8, 1977, to read as follows:

(3) In the event that a harness racing licensee chooses to withhold from the redistribution of any pari-mutuel pool conducted by it an amount exceeding 17 percent of the total contributions to such a pool, all of the excess over 17 percent shall be paid currently as additional purses and pri_zes. Licensees withholding such an excess amount from one or more pools dunng any season shall furnish the Board of Business Regulation, at such times and in such form as it may require, evidence from their regular and usual business records showing that their total purses and prizes actually paid over the course of the preceding season have been increased during the current season by the full amount of such excess and that the total of such purses and prizes apart from those payable under this subsection has not been reduced from that of the preceding season.

'Note.-Bracketed language substi tuted by the editors for "showing."

550.265 Quarter horse racing; breeders' awards.-

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

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

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

(c) Many jobs will be created through the encour­agement of the quarter horse breeding industry in Florida, thereby supplying much needed taxes and revenue 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 s. 550.26(6) and under rules adopted.

(3) ADVISORY COUNCIL.-(a) There is hereby created a Quarter Horse Ad­

visory Council consisting of seven members as fol­lows:

L 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) Members shall serve for a term of 2 years from date of appointment.

(c) The member representing the Department of Agriculture and Consumer Services shall be secre­tary of the counciL

(d) 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.

(e) Members of the Quarter Horse Advisory Council shall receive no compensation for their ser-

vices, 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

(4) ADVISORY COUNCIL DUTIES.-The duties of the advisory council shall be advisory only, with the following powers and duties:

(a) To recommend rules. (b) To receive and report to the department com­

plaints or violations of the above-named law. (c) To assist the department in the collection of

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

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

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

penses incurred by the department in administra­tion of this section:

L 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 Flori­da-bred quarter horses between July 1, 1972 and July 1, 1973 shall pay a fee of $10.

(b) The fees collected hereunder shall be deposit­ed in the General Inspection Trust Fund ofthe State Treasury in a special account to be known as the "Quarter Horse Racing Fund," and shall be used to defray the necessary expenses incurred by the De­partment of Agriculture and Consumer Services in the administration of this section.

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

History.-s. 1, ch. 72-158.

550.27 Employment of residents required.­(!) The licensees of each racetrack or fronton

now or hereafter operating in this state shall during each racing season employ at least 85 percent of their employees from bona fide residents and citi­zens of Florida and shall pay them at least said per­centage of each weekly payroll, excepting jockeys, apprentices, exercise boys, owners, trainers, clock­ers, jai alai players, player managers and trainers, jai alai basket and ball makers, and all governing and managing officials and heads of departments of such track or fronton.

(2) A person shall have resided and have made his home in Florida for 2 years continuously last prior to the date of employment by any racetrack or

1496

F.S.I979 DOGRACING AND HORSERACING Ch. 550

fronton to be deemed a bona fide resident or citizen under the terms hereof, providing, further, that reg­istration and voting in the primary or general elec­tion last prior to such date shall be prima facie evi­dence of such bona fide residence and citizenship.

(3) It shall be the duty of the Division of Pari­mutuel Wagering, before issuing any occupational license to any person to take part in or officiate in any way or serve in any capacity or be employed at any racetrack or jai alai fronton, to require and ob­tain from each applicant for such occupational li­cense, by affidavit and by such other evidence as the division shall deem necessary, sufficient and satis­factory proof of such applicant's residence and citi­zenship as herein defined, and to state upon each such occupational license issued by the division the residence and citizenship so ascertained.

(4) Whenever it shall be made to appear to the division that any licensee of any racetrack or fronton is exceeding the amount of 15 percent in employees or amount of payroll as herein provided, the division shall notify said licensee of such excess, and if same be not corrected before the next payroll the division shall have the power and it shall be its duty to sus­pend a sufficient number of occupational licenses issued to employees of said racetrack or fronton who are not residents and citizens of Florida as herein defined to bring the number of employees and amount of payroll within the limitations herein set forth .

( 5) Any person or the licensee of any racetrack or fronton knowingly and willfully violating the provi­sions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-ss. 1·5, ch. 20740, 1941; s. 2, ch. 71-98; s. 543, ch. 71-136.

550.28 Obtaining feed, etc., for racehorses, dogs, etc., with intent to defraud.-

(!) Any owner, trainer or custodian of any race­horse, or greyhound racing dogs, who shall obtain food, drugs, transportation, veterinary services or supplies for the use or benefit of said racehorses or greyhound racing dogs, with intent to defraud the person or persons, from whom said services or sup­plies are obtained, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) In prosecutions under the preceding section, proof that the supplies or services had been fur­nished and not paid for, and that the owner, trainer or custodian of said racehorses or greyhound racing dogs, was removing or attempting to remove any of said racehorses or greyhound racing dogs, out of the state and beyond the jurisdiction of the courts of this state, shall be prima facie evidence of the fraudulent intent mentioned in the preceding section.

History.-ss. 1, 2, ch. 20882, 1941; s. 544, ch. 71-136.

550.29 Reallocation of racing dates.-The Florida Pari-mutuel Commission shall have the right to reallocate or reassign, to any other licensed horseracing track, any racing dates previously allo­cated or assigned to a licensed horseracing track, when said racing dates have been vacated, aban­doned, or will not be used, for any reason whatsoev­er, provided the aggregate total number ofhorserac-

ing days permitted hereunder shall not exceed 100 days for any one horseracing licensee.

History.-s. 1, ch. 20859, 1941; s. 1, ch. 71-98; s. 15, ch. 79-4.

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

(!) The Florida Pari-mutuel Commission may an­nually allocate to the owners of valid outstanding permits under and by virtue of which greyhound racing and harness 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 any one greyhound, harness or jai alai permittee, less than 90 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.

History.-ss. 1, 2, ch. 65-435; s. 1, ch. 71-98; s. 16, ch. 79-4.

550.30 Racetrack funds guaranteed from General Revenue Fund.-

(!) There is hereby appropriated from any funds in the General Revenue Fund of the state derived from taxes which may be legally disbursed for the purposes herein set forth, or from proceeds of estate taxes and taxes upon intangible personal property, the sum of $2,211,000 per annum during the period in which this section shall be in force and effect, or so much thereof as shall be necessary to carry into effect the purpose of this section.

(2) In the event that the share of each county of the state in the distribution of funds received from the Division of Pari-mutuel Wagering shall be less than $33,000 for any year during the period in which this section shall be in force and effect the Comptrol­ler shall draw warrants payable respectively to the board of county commissioners, the school board of each county of the state, or to such other authority as is authorized by law to receive the same, as now or hereafter provided by law for the apportionment of division funds, for such amounts as added to the amount distributed to each county from funds re­ceived from the division shall cause each county to receive in the aggregate from funds received from the division and under the provisions of this section, the sum of $33,000 annually, during the period in which this section shall be in force and effect.

(3) When the moneys provided for in subsection (2) have been received by the respective boards or officials authorized by law to receive the same, it shall be the duty of such boards or officials to distrib­ute or use such funds in such manner as will provide that each distributee under the provisions of the gen­eral or special law regulating distribution of race­track funds in such county will receive the respec­tive amounts contemplated by the provision of the general or special law regulating distribution of racetrack funds in such county.

(4) This section shall be construed to be cumula­tive and supplemental to any and all other laws now or hereafter in effect providing for distribution of funds from the State Treasury to the several coun­ties of the state; provided, however, that this section

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Ch. 550 DOGRACING AND HORSERACING F.S.l979

shall not be construed as supplemental or cumula­tive to any other law now in existence or hereafter enacted for the purpose of providing funds to the several counties in replacement of any loss of reve­nue due to failure of taxes upon racing to yield to each county the sum of $33,000 or more each per year.

History.- ss. 1-5A, ch. 21947, 1943; ss. 1-4, ch. 22896, 1945; s. 1, ch. 69-300; s. 2, ch. 71-98. cf.- s. 198.34 Disposition of proceeds from taxes.

s. 550.13 Division among counties of money derived under this law.

550.32 Resumption of dogracing at certain tracks authorized.-Where two or more racing meetings in successive racing seasons have been heretofore conducted at the dog racetrack of the holder of a ratified permit to conduct dogracing un­der the laws of this state, and racing at such race­track shall have been discontinued for any reason, and where such permit has not been revoked in a referendum election, and where such racetrack is not located closer than 10 miles from an existing and operating dog racetrack by the most direct paved road, and when such racetrack was and is the only racetrack located in the county of its location, and where the present owner of such dog racetrack de­sires to resume racing at such racetrack, the Depart­ment of Business Regulation, upon the application of such owner therefor, shall annually issue unto such owner of such racetrack license to conduct dogracing meetings at such track for the same number of rac­ing days each dogracing season to which dog race­tracks in counties having not more than one dog track are by law entitled, any provision of any law or rule in conflict herewith or to the contrary not­withstanding.

History.-s. 1, ch. 22707, 1945; s. 1, ch. 71-98; s. 17, ch. 79-4.

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.

(b) In lieu of the suspension or revocation of li­censes, the division may impose a civil penalty against any licensee for violations 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 State 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 to exceed 120 days annually. Said races may be per­formed only at any one 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 hereby authorized to lease such track to any quar­ter horse racing permitholder for the conduct of quarter horse racing under this chapter. The quarter horse racing permitholder shall pay a daily license fee and make distribution thereof of the schedule provided in s. 550.39(2).

(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 shall 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

550.33 Quarter horse racing.- some qualified person designated by the division. (1) Subject to all the applicable provisions of this (6) Any quarter horse racing days permitted un-

chapter, any person possessing the qualifications der this section shall be in addition to any other prescribed in this chapter may apply to the Division racing permitted under the license issued the track of Pari-mutuel Wagering for a permit to conduct where such quarter horse racing is conducted. quarter horse race meetings and racing under this (7) Any quarter horse racing permitholder oper­chapter. After receipt of any application, the divi- ating under a valid permit issued by the Division of sion shall convene to consider and act upon permits Pari-mutuel Wagering is authorized to substitute applied for. Upon all applications filed and ap- other races of other breeds of horses which are, re­proved, a permit shall be issued setting forth the spectively, registered with the International Arabi­name of the applicant and a statement showing qual- an Horse Association, Appaloosa Horse Club, Ameri­ifications of the applicant to conduct racing under can Paint Horse Association, or the Palomino Horse this chapter. Breeders of America, for no more than 50 percent of

(2)(a) After a quarter horse racing permit has the quarter horse races daily. In addition to the been granted by the division, the Department of breeds authorized for substitution, horses registered Business Regulation shall grant to the lawful holder with the Jockey Club may be substituted for quarter of such permit, subject to the conditions hereof, a horse races at any time for any number of races, license to conduct quarter horse racing under this provided the total days do not exceed 20 percent of chapter, and the Florida Pari-mutuel Commission the maximum number of days authorized for quar­shall fix annually the time, place, and number of ter horse racing as provided ins. 550.08. Substitution days upon which racing may be conducted by such of races of horses registered with the Jockey Club quarter horse racing permitholder. After the first shall be subject to the taxes imposed by s. 550.161, license has been issued to the holder of a permit for the provisions of this act to the contrary notwith­quarter horse racing, all subsequent annual applica- standing. Any permittee operating within an area of tions for a license by a permitholder shall be accom- 50 air miles of a licensed thoroughbred track cannot panied by proof in such form as the division may substitute thoroughbred races under this section require that the permitholder still possesses all the while a thoroughbred horserace meet is in progress qualifications prescribed by this chapter. The Divi- within said 50 miles. No races comprised of sion of Pari-mutuel Wagering may revoke any per- thoroughbred horses under this section registered mit or license hereunder upon the willful violation with the Jockey Club shall be permitted during the

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F.S.l979 DOGRACING AND HORSERACING Ch. 550

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.

History.-s. 1, ch. 25354, 1949; s. 1, ch. 59-492; s. 1, ch. 69-50; s. 3, ch. 70-226; ss.1, 2, ch. 71-98; s. 2, ch. 74-19; ss.1, 2, ch. 74-178; s.1, ch. 75-142; s. 1, ch. 76-257; s. 1, ch. 77-174; s. 9, ch. 78-95; s. 18, ch. 79-4.

550.34 Dogracing at North Florida tracks.­(!) Any dog racing track holding a valid out­

standing permit for dogracing in the state and locat­ed north of latitude 30• may hold race meetings at any time during the calendar year; provided, that no permit shall be issued for racing on Sunday or at any one location in excess of the aggregate of 90 days in any one calendar year.

(2) This section shall be cumulative and not con­strued as repealing any other racing laws.

History.-ss. 1, 2, ch. 25413, 1949.

550.35 Transmission of racing information for illegal gambling purposes.-

punishable as provided ins. 775.082, s. 775.083, or s. 775.084.

(5) Nothing contained in this section shall be con­strued as amending or repealing the provisions of any other law or affecting any rule of the Florida Public Service Commission, relating to the regula­tion of public utilities in the furnishing to others of any communication, wire service, or other similar service or equipment; it is intended that this section shall be supplemental to other laws and a further aid in the elimination oftransmission of information for illegal gambling purposes.

History.-ss. 1-5, ch. 26722, 1951; s. 5, ch. 57-180; s. 8, ch. 59-406; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 2, ch. 71-98; s. 545, ch. 71-136.

550.351 Effect of certain 1957 amendments.-1957 amendments to ss. 550.02(4), 550.04, 550.06, 550.07 and 550.35(1) shall not be construed to repeal the provisions of s. 550.34.

History.-s. 6, ch. 57-180.

550.36 Use of electronic transmitting equip· ment; permit by division required.-Any person who has in his possession or control on the premises of any licensed horse or dog racetrack or jai alai fronton any electronic transmitting equipment or device which is capable of transmitting or communi­cating any information whatsoever to another per­son, without the written permission of the Division of Pari-mutuel Wagering, shall be guilty of a misde­meanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. This section shall not apply to the possession or control of any telephone, telegraph, radio or television facilities installed by any such licensee with the approval of said division.

History.-s. 1, ch. 59-173; s. 2, ch. 71-98; s. 546, ch. 71-136.

(1) It shall be unlawful for any person to trans- · mit or communicate to another or receive or secure by any means whatsoever the results, changing odds, track conditions, jockey changes, or any other infor­mation relating to any horserace or dograce from any racetrack in this state, between the period of time beginning 1 hour prior to the first race of any day and ending 30 minutes after the posting of the 550.361 Bookmaking on the grounds of a official results of each race as to that particular race, permitholder; penalties; duties of track em­except that the foregoing limitations shall not apply ployees; penalty; certain exceptions.-to the results of the last race of each day's meet. (1) Any person who shall engage in bookmaking, Provided, however, that the Division of Pari-mutuel as defined ins. 849.25, on the grounds or property of

a permitholder of a horse or dog track or jai alai Wagering may, by rule, permit the immediate trans- fronton shall be guilty of a felony ofthe third degree, mission by radio, television, or press wire of any punishable as provided ins. 775.082, s. 775.083, or s. pertinent information concerning not more than two 775.084. Notwithstanding the provisions ofs. 948.01, feature races each week; provided, further, that the any person convicted under the provisions of this foregoing limitation of two feature races per week subsection shall not have adjudication of guilt sus­shall not apply to so-called "name stake races" pended, deferred, or withheld. which if broadcast or televised nationally the divi- (2) Any person who, having been convicted ofvio-sion may in its discretion permit. lating subsection (1), thereafter commits the same

(2) It shall be unlawful for any person to trans- crime shall be guilty of a felony ofthe second degree, mit by any means whatsoever racing information to punishable as provided in s. 775.082, s. 775.083, or s. any other person, or to relay the same to any other 775.084. Notwithstanding the provisions ofs. 948.01, person by word of mouth, by signal, or by use of any person convicted under the provisions of this telephone, telegraph, radio, or any other means, subsection shall not have adjudication of guilt sus­when the information is knowingly used or intended pended, deferred, or withheld. to be used for illegal gambling purposes, or in fur- (3) Any person who has been convicted of book-therance of such gambling. making in this state or any other state of the United

(3) This section shall be deemed an exercise of States or foreign country shall be denied admittance the police power of the state for the protection of the to and shall not attend any racetrack or fronton in public welfare, health, peace, safety and morals of this state during its racing seasons or operating the people of the state and all of the provisions here- dates, including any practice or preparational days. in shall be liberally construed for the accomplish- Any such person knowingly violating this subsection ment of this purpose. shall be guilty of a misdemeanor of the first degree,

(4) Any person violating the provisions of this punishable as provided ins. 775.082, s. 775.083, or s. section shall be guilty of a felony of the third degree, 77 5.084.

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Ch. 550 DOGRACING AND HORSERACING F.S.1979

(4) Ifthe activities of a person show that this law is being violated, and such activities are either wit­nessed or are common knowledge by any track or fronton employee, it shall be the duty of that em­ployee to bring the matter to the immediate atten­tion of the permitholder, manager, or his designee who shall notify a law enforcement agency having jurisdiction. Willful failure on the part of any track or fronton employee to comply with the provisions of this subsection shall be grounds for the division to suspend or revoke that employee's license for track or fronton employment.

(5) Each permittee shall display, in conspicuous places at a track or fronton and in all race and jai alai daily programs, a warning to all patrons con­cerning the prohibition and penalties of bookmaking contained in this section and s. 849.25. The division shall establish rules concerning the uniform size of all warnings and the number of placements through­out a track or fronton . Failure on the part of the permittee to display such warnings may result in a $500 fine by the division for each offense.

(6) The provisions of this section shall not apply to any person attending a track or fronton or em­ployed by a track or fronton who places a bet through the legalized pari-mutuel pool for another person, provided that such service is rendered gratu­itously and without fee or other reward.

(7) This section shall not apply to any prosecu­tions filed and pending at the time of passage hereof, but all such cases shall be disposed of under existing law at the time of institution of such prosecutions.

History.-s. 2, ch. 78-36.

550.37 Operation of certain harness tracks.­(1) It is the finding of the Legislature of the state

that the operation of harness tracks and legalized pari-mutuel and mutuel betting at harness tracks in this state will become a substantial business compat­ible to the best interests of the state, and the taxes derived therefrom will constitute an important and integral part of the tax structure of the state and counties. It is the further finding of the Legislature that the operation of harness tracks within the state will establish and encourage an important industry within the state, namely, the acquisition and main­tenance of breeding farms for the breeding of stand­ard-bred horses utilized in harness races. It is fur­ther the finding of the Legislature that harness tracks operating at night within the immediate vi­cinity of other racetracks will greatly enhance the tax revenue derived by the state and counties from racing and will not endanger the general welfare of the public. It is the further finding of the Legislature of the state that this increase in tax revenue is need­ed by the state and the counties. It is the further finding of the Legislature that harness racing is an exhibition sport which will attract a large tourist business to the state and will afford entertainment at night to such tourists during the winter racing season, and many of such tourists who are thus at­tracted by harness racing do not attend other forms of racing or engage in other forms of pari-mutuel betting. It is the further finding of the Legislature that the Division ofPari-mutuel Wagering should be empowered to consider and grant the application of any dog track, horse track and harness track permit-

tee and licensee to conduct without further elections harness racing with sulky during the winter racing season at a location within any county wherein two or more elections have been held in which a majority of the electors voting in such elections voted in favor of the operation of pari-mutuel pools within the county at horse 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 standard-bred horses in harness with sulky. Horseracing at horse tracks shall mean racing ofthoroughbred 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 Pari­mutuel 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 said 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 shall not be 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. Nothing herein contained shall enlarge the number of racing days of any har­ness track permittee when, by statute applicable thereto, a lesser number of days has heretofore been fixed.

1(5) The owners and operators of a harness track permitted and licensed by the Division of Pari-mut­uel Wagering to conduct harness racing shall pay a tax equal to 5.3 percent of the total contributions to all pari-mutuel pools there conducted and made on any and every harness race, which tax shall be paid to the State Treasurer for deposit in the General Revenue Fund of the state. In addition to the forego­ing percentage tax, each licensee operating a har­ness race track shall pay the breaks tax provided for in s. 550.26, which tax revenue shall be paid to the State Treasurer for deposit in the General Revenue Fund of the state. In addition to the aforesaid taxes,

1500