Florida Statutes 1980 Supplement - Research Center...s. 516.031 1980 SUPPLEMENT TO FLORIDA STATUTES...

s. 516.031 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 516.18

part of the principal amount as computed from time to time exceeding $1,000 and not exceeding $2,500; on loans exceeding $2,500, the total interest charged on the entire principal amount shall ·not exceed .18 percent per annuli} simple interest. The original principal amount as used in this section shall be the same amount as the amount financed as defined by the Federal Truth-In-Lending Act and Regulation Z. of the Board of Governors of the Federal Reserve System. In determining compliance with the statutory maximum interest and finance charges set forth herein, the computations utilized shall be simple interest and not add-on interest or any other computations.

(2) ANNUAL PERCENTAGE RATE UNDER FEDERAL TRUTH-IN-LENDING ACT,-The annual percentage rate of finance charge which may be contracted for and received under any loan contract made by a licensee under this chapter may ~qual, but not exceed, the annual percentage rate which m.ust be computed and disclosed as required by the Federal Truth-In-Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. The maximum annual percentage rate of finance charge which may be contracted for and received is 12 times the maximum monthly rate and the maximum monthly rate shall be computed on the basis of one-twelfth of the annual rate for each full month. The department shall by regulation establish the rate for each day in a fraction of a month when the period for which the charge is computed is more or less than 1 month. ,

(3) OTHER CHARGES.-In addition to the interest and insurance charges herein provided for, no further or other charges or amount whatsoever for any examination, service, brokerage, commission, or other thing or otherwise shall be directly or indirectly charged, contracted for, or receivea, except charges paid for title insurance or appraisal of real property offered as security when paid to a ·third party and supported by an actual expenditure; the documentary excise tax and lawful fees, if any, actually and necessarily paid out by the licensee to any public officer for filing, recording, or releasing in any public office any instrument securing the loan, which fees may be collected when the loan is made or at' any time thereafter; or actual and reasonable attorney's fees as determined by the court in which suit is filed and court costs, including actual and reasonable expenses of repossession, storing, and selling of any property pledged as security, as determined by the court in which suit is filed. If interest or charges in excess of those permitted by this chapter shall be charged, contracted for, or received, the contract or loan shall be void and the licensee shall have no right to collect or receive any remaining principal, interest, or charges whatsoever. In. the event of a bona fide error, the licensee shall refund or credit the borrower with the amount of such overcharge within 5 days of the discovery of such error.

(4) DIVIDED LOANS.-No licensee shall induce or permit any borrower to split up or divide any loan. No licensee shall induce or permit any person, or any husband and wife, jointly or severally, to become obligated to him, directly or contingently or both, under more than one contract of loan at the same

time, for the purpose, or with the result, of obtaining a greater finance charge than would otherwise be permitted by this section. .

1(5) As amended by chapter 79-592, Laws of Florida, chapter 79-27 4, Laws of Florida, w}lich amended subsection (1):

(a) Shall apply only to -loans, advances of credit, or lines of credit made on. or subsequent to July 1, 19.79, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and

(b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other tha'n to those mentioned in paragraph (a), completed prior to July 1, 1979.

Hlstory.-s. 7, ch. 73-192; ss. 1, 2, ch. 76-180; s. i9o, ch. 77·104; s. 1, ch. 77·174; ss. 2, 15, ch. 79·274; s. 1, ch. 79-592; s. 1, ch. 8().412. '

'Note.--Section 2, ch. 79-592, provides that the amendment by that chapter of s. i.5, eli. 79-274, "shall operate retroactively to July 1, 1979.".

516.18 Rate of interest or consideration.(!) No person engaged in the business ofrp.aking

loans of money, except as authorized by this chapter or other statutes of this state, shall directly or indirectly charge, contract for, or receive any interest or consideration greater than 18 percent per annum upon the loan, use, or forbearance of money, goods, or things in action, or upon the loan or use of credit, of the amount or value of $2,500 or less. ·

(2) The foregoing prohibition shap ~pply to any lender who, as secunty for any such loan, use, or forbearance of money, goods, or things. in action, or for any such loan or use of credit, makes a pretended purchase of property from any person and permits the owner oq)ledgor to retain the possession thereof, or who by any device or pretense of charging for services or otherwise· seeks to obtain a greater compensation than is authorized by this chapter.

(3) No loan for which a greater rate of interest or charge than is allowed by this chapter has been contracted for or received, wherever made, shall be enforced in this state, and every person in anywise participating therein in this state shall be subject to the provisions ofthis chapter. However, the foregoing shall not apply to loans legally made to a resident of another state by a person within that state where that state has in effect a regulatory small loan or consumer finance law similar in principle to this act.

1(4) As amended by chapter 79-592, Laws ofFlorida, chapter 79-274, Laws ofFlorida, which amended subsection (1):

(a) Shall apply only to loans, advances of credit, or lines of credit made on or subsequent to July 1, 1979,. and to loans, -advances of credit, or lines of credit made prior to that date if the.lender has the legal right ~o requir~ full payment or to adj~st or modify· the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and

(b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other than to those

701


mentioned in paragraph (a), completed prior to July 1, 1979.

History.-s. 17, ch. 10177, 1925; CGL 4015; s. 10, ch. 57-201; s. 9, ch. 73-192; s. 1, ch. 77-256; ss. 3, 15, ch. 79-274; s. 1, ch. 79-592.

'Note.-Section 2, ch. 79-592, provides that the amendment by that chapter of s. 15, ch. 79-274, "shall operate retroactively to July 1, 1979." cf.-Ch. 687 Interest and usury.

516.20 "Interest" defined.-(1) Any profit or advantage of any kind whatso

ever that any licensee may contract for, collect, receive, or in anywise obtain by a collateral sale, purchase, or agreement, in connection with any loan regulated by this chapter, shall be deemed to be interest or consideration for the purposes of regulation under this chapter. Such transactions shall be governed by and subject to the provisions of this chapter, except commissions re~eived as a person licensed by the Department of Insurance on insurance written as hereinafter permitted. However, security consisting of tangible property offered as security may be reasonably insured against loss for a reasonable term, considering the cir.;:umstances of the loan, and such insurance shall not be deemed such collateral sale, purchase, or agreement when the policy is payable to the borrower or any member of his family, ev~n though the customary mortgagee clause is attached or the licensee is a coassured; provided such insurance is sold at standard rates through a person duly licensed by the Department of Insurance.

(2) No licensee shall enter into any contract for a Joan under this chapter for $600 or less which provides for scheduled repayment of principal more than 24 months and 15 days from the date the loan is made, nor enter into any contract for a loan under this chapter for $2,500 or less, 'but more than $600, which provides for scheduled repayment of principal more than 36 months and 15 days from the date the loan is made. On loans in an amount of more than $2,500, scheduled repayment may exceed 36 months and 15 days.

History.-s. 7, ch. 20728, 1941; s. 11, ch. 57-201; ss. 13, 35, ch. 69-106; s. 10, ch. 73-192; s. 1, ch. 77-174; s. 2, ch. 80-412. 'Note.-The words "but more than $600," were inserted by "the editors.

516.21 Restriction of borrower's indebtedness.-

borrower authorized by s. 516.031, nor shall the limitation apply to the isolated acquisition directly or indirectly by purchase or by discount of bona fide obligations of a borrower. However, in the event a licensee shall make a bona fide purchase of substantially all of the loans made under this chapter from another licensee or other lender not· affiliated with the purchaser and such licensee or other lender shall have an existing loan outstanding to one or more of the borrowers whose loans are purchased; such licensee making such purchase shall be entitled to liquidate and collect the balances due on such loans, including all lawful charges and interest at the rates or amounts agreed upon in such loan contracts.

'(2) As amended by chapter 79-592, Laws of Florida, chapter 79-274, Laws of Florida, which amended subsection (1):

(a) Shall apply only to loans, advances of credit, or lines of credit made on -or subsequent to July 1, 1979, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and

(b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other than to those mentioned in paragraph (a), completed prior to July 1, 1979.

History.-s.-8, ch. 20728, 1941; s. 12, ch. 57-201; s. 11, ch. 73-192; ss. 4, 15, ch. 79-274; s. 1, ch. 79-592.

'Note.-Section 2, ch. 79-592, provides that the a111endment by that chapter of s. 15, ch. 79-274, "shall operate retroactively to July 1, 197~."

CHAPTER 517

SECURITIES TRANSACTIONS

Chapter 517 is repealed by s. 5, ch. 80-254, Laws of Florida, effective July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

517.03 517.061 517.07 517.081 517.12

Power of department to make rules. Exempt transactions. Registration of securities. Registration procedure. Registration of dealers, associated persons,

and investment advisers.

(1) No licensee shall directly or indirectly charge, contract for, or receive any inter-est, dis~ count, or consideration greater than 18 percent per annum upon any loan, or upon any part or all of any aggregate loan indebtedness of the same borrower, of the amount of more than $2,500. The foregoing prohibition shall also apply to any licensee· who permits ·any person, as borrower, or as endorser, guarantor, or surety for any borrower, or otherwise, or any husband and wife, jointly or severally, to owe 517.301 directly or contingently or both to the licensee at any time a sum of more than $2,500 for principal; provid- 517.302 ed, however, that if the proceeds of any loan of $2,- 517.311 500 or less are used to discharge a preexisting debt

Fraudulent transactions; falsification or concealment of facts.

Penalty.

of the borrower for goods or services owed directly to 517.32 the person who provided such goods or services, the

False representations; deceptive words; enforcement.

Exemption from excise tax; certain obligations to pay.

licensee may accept from such person a guaranty of payment ofthe principal of such loan with interest '517.03 Power of department to make at a rate not exceeding 18 percent per annum, and rules.-the acceptance of one or more such guaranties in any (1) The Department of Banking and Finance aggregate amount shall not affect the rights. of such shall administer and provide for the enforcement of licensee to make the charges against the primary all the provisions of this chapter. The department

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shall make, adopt, promulgate, amend, and repeal all rules necessary or convenient for the carrying out of the duties, obligations, and powers conferred on said department and perform any other acts necessary or convenient for the proper administration, enforcement, or interpretation of this chapter, in<;luding, without limitation, adopting rules and forms governing reports. The department shall also have the nonexclusive power to define by rule any term, whether or not used in this chapter, insofar as the definition is not inconsistent with the provisions of this chapter.

(2) No provision of this chapter imposing liability shall apply to an act done, or omitted to be done, in conformity with a rule of the department in existence at the time of the act or omission, even thougp such rule may thereafter be amended or repealed or determined by judicial or other authority to be invalid for any reason.

History.-s. 2, ch. 14899, 1931; CGL 1936 Supp. 6002(3); s. 1, ch. 59-423; s. 2, ch. 65-454; ss. 12, 35, ch. 69-106; s. 196, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 15, ch. 79-381; ss. 4, 5, ch. 80-254. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80-254. Section 5, ch. 80-254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1517.061 Exell)pt transactions.-The registration provisions ofs. 517.07 do not apply to any of the following transactions:

(1) At any judicial, executor's, administrator's, guardian's, or conservator's sale, or at any sale by a receiver or trustee in insolvency or bankruptcy, or any transaction incident to a j_udicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims, or property interests.

(2) By or for the account of a pledge holder or mortgagee selling or offering for sale or delivery in t4e ordinary course of business and not for the purposes of avoiding the provisions of this chapter, to liquidate a bona fide debt, a security pledged in good faith as security for such debt. ·

(3) The isolated sale or offer for sale of securities when made by or on behalf of,a vendor not the issuer or underwriter thereof, who, being the bona fide owner of such securities, disposes of his own property for his own account, and such sale is not made directly or indirectly for the benefit of the issuer or an underwriter of such securities or for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of this chapter. For purposes of this subsection, isolated offers or sales shall include, but not be limited to, isolated offers or sales when made by or on behalf of a vendor of securities not the issuer or underwriter thereof if:

(a) The offer or sale of securities is in a transaction satisfying all of the requirements of subparagraphs (12)(a)l., 2., 3., and 4. and paragraph (12)(b); or

(b) The offer or sale of securities is in a transaction exempt under s. 4(1) of the Securities Act of

1933, as amended.

For purposes of this subsection, any person, including, without limitation, a promoter or affiliate of an issuer, shall not be deemed an underwriter, an issuer, or a person acting for the direct or indirect benefit of the issuer or an underwriter with respect to any securities of the issuer which he has owned beneficially for at least 1 year.

(4) The distribution by a corporation, trust, or partnership, actively engaged in the business authorized by its charter or other organizational articles or agreement, of securities to its stockholders or other equity security holders, partners, or beneficiaries as a stock dividend or other distribution out of earnings or surplus.

(5) The issuance of securities to such equity security holders or other creditors of a corporation, trust, or partnership in the process of a reorganization of such corporation or entity, made in good faith and not for the purpose of avoiding the provisions of this chapter, either in exchange for the securities of such equity security holders or claims of such creditors or partly for cash and partly in exchange for the securities or claims of such equity security holders or creditors.

(6) The issuance of additional securities of a corporation, trust, or partnership sold or distributed by it among its own stockholders, partners, or beneficiaries, exclusively, when no commission or other remuneration is paid or given directly or indirectly in connection with the sale or distribution of such additional securities.

(7) The offer or sale of securities to a bank or trust company, whether acting in its individual or

. fiduciary capacity; savings institution; insurance company; dealer; regulated investment company; or pension or profit-sharing plan having assets not less than $500,000; provided that such offer or sale of securities is not for the direct or indirect promotion of any scheme or enterprise with the intent of violating or evading any provision of this chapter.

(8) The sale of securities from one corporation to another corporation provided that:

(a) The sale price of the securities is $50,000 or more; and

(b) The buyer and seller corporation each have assets of $500,000 or more.

(9) The offer or sale of securities from one corporation to another corporation, or to security holders thereof, pursuant to a vote or consent of such security holders as may be provided by the articles of incorporation and the applicable corporate statutes in connection with mergers, consolidations, or sale of corporate assets.

(10) The issuance of notes or bonds in connection with the acquisition of real property or renewals thereof, if such notes or bonds are issued to the sellers of, and are secured by all or part of, the real property so acquired.

(11) The issue and delivery of any security in exchange for any other security of the same issuer pursuant to a right of conversion entitling the holder ofthe security surrendered, provided that the security surrendered had been registered under the law when sold or was, when sold, exempt from the regis-

703


tration provisions of this chapter. (12)(a) The qffer or sale, by or on behalf of an

issuer, of its own securities that is part of an offering made in accordance with all of the following conditions:

L There are no. more than 35 purchasers of the securities of the ·issuer in this state in an offering made in reliance upon this subsection.

2. Neither the issuer nor any person acting on behalf of the issuer shall offer or sell securities pursuant to this subsection by means of any form of general solicitation or general advertising in this state.

3. Prior to the sale, each purchaser or his representative is provided with, or given reasonable access to, full and fair disclosure of all material information.

4. No person defined as a dealer in this chapter shall be paid a commission or compensation for the sale of the issuer's securities unless such person is registered as a dealer under this chapter.

5. When sales are made to five or more persons, any sale made pursuant to this subsection shall be voidable by the purchaser either withip 3 days after the first tender of consideration is made by the purchaser to the issuer, an agent of the ·issuer, or an · escrow agent or within 3 days after the availability of that privilege is communicated to the purchaser, whichever occurs later.

(b) Any purchaser who makes a bona fide investment of $100,000 or more may be excluded from the computation of the 35 purchasers, provided that any such purchaser or his representative receives, or has access to, the information required to be disclosed by subparagraph {a)3.

(c)l. For purposes of determining which offers . and sales of securities constitute part of the same offering under this subsection and are therefore deemed to be integrated with one ap.other:

a. Sales · of securities occurring more than 6 months prior to an offer or sale of securities made pursuant to this subsection shall not be considered part of the same offering;

b. Sales of securities and offers made in connection with such sales occurring at any time after 6 months from an offer or sale made pursuant to this subsection shall not be considered part of the same offering; and ·

c. Offers or sales occurring more than 1~ months prior to an offer or sale' made. pursuant to this subsection, provided there are no more than 315 purchasers of the securities of the issuer in this state within such 12-month period, shall not be considered part of the same offering. ·

2. · Offers or sales which do not satisfy the conditions of any of the provisions of subparagraph 1. may or may not be .part of the same offering, depending on the particular factS and circumstances in each case. The department may, but is not required to, ad,opt a rule or rules indicating what factors should be considered in determining whether offers and sales not ·qualifying for the provisions of subparagraph 1. are part of the same offering for purposes of this subsection. ·

(d) Offers or sales of securities made pursuant to and in compliance with any other subsection of this

section or any subsection of s. 517.051 shall not be considered part of an offering pursuant to this subsection, regardless.ofwhen.such offers and sales are made.

(13) The sale of securities by a bank or trust company organized or incor.porated under the .laws of the United States or this state at a profit to such bank or trust company of not more than 2 percent of the total sale price of such securities; provided that there is no solicitation of this business by such bank or trust company where such bank or trust company acts as agent in the purchase or sale of such securi-ties. · ·

(14) An unsolicited purchase or sale of securities on order of, and as the agent for, another by a dealer registered with the Department of Banking and Finance pursuant to the provisions ofs. 517.12; provided that this exemption shall apply solely and exclu- · sively to such registered dealers and shall not authorize or permit the purchase or sale of securities on order of, and as agent for, another by any person other than a dealer so registered; and provided, further, that such purchase or sale shall not be directly or indirectly for the benefit of the issuer or an underwriter of such securities or for the direct or indirect promotion of any scheme or enterprise with the . intent of violation or evading any provision of this chapter. · (1p) The offer or sale of shares of a corporation

which represent ownership, or entitle the holders thereof to possession and occupancy, of specific apartment U:nits in property owned by such corporation and organized and operated on a cooperative basis, solely for residential purposes.

(16) The offer or sale of securities under a bona fide employer-sponsored stock option, stock purchase, pension, profit-sharing, savings, or other benefit plan when offered only to employees of the sponsoring organization or to employees of its controlled subsidiaries. ' (1 'l) 'The sale by or through a registered dealer of

any securities option if at the time of the sale of the option: ·

(a) The performance of the terms ofthe option is guaranteed by any dealer registered under the federal Securities Exchange Act· of 1934, as amended, which guaranty and dealer are in compliance with such requirements or rules as may be approved or adopted by the department; or · .

(b) Such options transactions are cleared by the Options Clearing Corporation or any other clearinghouse recognized by the department; and

(c) The option is not sold by or for the benefit of the issuer of the underlying security; and

(d) The underlying security may be purchased or sold on a recognized securities exchange or is quoted on the National Association of Securities Dealers Automated Quotation System; and ·

(e) Such sale is not directly or indirectly for the purposes of providing or furthering any scheme to violate or evade any provisions of this chapter.

(18)(a) The offer or sale of securities, as agent or principal, by a dealer registered pursuant to s. 517.12, when such securities are offered or sold at a price reasonably related to the current market price of such securities, provided such securities ar.e:

704


1. Securities of an issuer for which reports are the securities offered or to be offered in this state, required to be filed by s. 13 or s. 15(d) of the Securi- but not less than $20 or more than $750. The fee ties Exchange Act of 1934, as amended; required by this paragraph shall be paid to the de-

2. Securities of a company registered under the partment for each 36-consecutive-month period in Investment Company Act of 1940, as amended; which the securities are offered and sold. The 36-

3. Securities of an insurance company, as that consecutive-month period shall be prescribed by rule term is defined in s. 2(a)(17) of the Investment Com- of the department. An amendment to the notice of pany Act of 1940, as amended; · intention which increases the maximum aggregate

4. Securities appearing in any list of securities offering price of securities offered in this state shall dealt -in on any stock exchange registered pursuant require an additional fee computed at the rate of0.1 to the Securities Exchange Act of 1934, as amended, percent of the increased amount, but in no event and which securities have been listed or approved for shall total fees exceed $750 per application. listing upon notice of issuance by such exchange, and (20)(a) The offer or sale, by or on behalf of an also all securities senior to any securities so listed or issuer, of its own securities, made solely for the purapproved for listing upon notice of issuance, or rep- pose of constructing rental housing, provided that: resented by subscription rights which have been so 1. There are no more than 35 purchasers of the listed or approved for listing upon notice of issuance, securities of the issuer in this state within the immeor evidences of indebtedness guaranteed by compa- diately preceding 12-month period in reliance upon nies any stock of which is so listed or approved for this subsection. listing upon notice of issuance, such securities to be 2. Prior to the sale, each purchaser or his repreexempt only so long as such listings or approvals sentative is provided with, or given !easonable acshall remain in effect. The exemption provided for cess to, full and fair disclosure of all material inforherein shall not apply when the securities are sus- ma:tion. pended from listing approval for listing or trading; 3. No person defined as a dealer in this chapter or . is paid a commission or compensation for the sale of

5. Securities as to which the following informa- the issuer's securities, unless such person is registion is published in a recognized manual of securi- tered as a dealer under this chapter. ties: 4. When sales are made to five or more persons,

a. A balance sheet as of a date not more than 18 any sale made pursuant to this subsection is voidable months prior to the date of the sale; and by the purchaser either within 3 days after the first

b. Profit and loss statements for a period of not tender of consideration is made by the purchaser to less than 2 years next prior to the date of the balance the issuer, an agent of the issuer, or an escrow agent sheet or for the period as of the date of the balance or within 3_days after the availability of that privisheet if the period of existence is less than 2 years. lege is communicated to the purchaser, whichever

(b) The exemption provided in this subsection occurs later. -shall not apply if the sale is made for the direct or 5. The rental housing constructed is to be used indirect benefit of an issuer or controlling persons of solely as rental housing for~ period of not less than such issuer or if such securities constitute the whole 10 years; such fact is disclosed to all potential puror part of an unsold allotment to or subscription or chasers; and such provision is included as a deed participation by a dealer as an underwrit~r of such restriction in any conveyance of the property on securities. which the rental housing is constructed.

(c) The department may deny this exemption 6. Each purchaser of the securities of the issuer with reference to any particular security by order has taxable income taxed by the Internal Revenue published in such manner as the department shall Service at a rate not less than 50 percent or has a net find proper. worth in excess of $150,000. This requirement shall

(19)(a) The offer or sale of securities pursuant to be prominently displayed in any advertising or solica registration statement filed under the Securities itation used by the issuer in the offer and sale of Act of 1933, provided that prior to the sale the regis- securities pursuant to this subsection. tration statement has become effective and the de- 7. Any advertising or solicitation by the issuer in partment has received: the offer and sale of securities pursuant to this sub-

1. A notice of intention to sell which has been section states from whom information may be obexecuted by the issuer, any other person on whose tained and does no more than identify the security, behalf the offering is made, a dealer registered un- state the price, and state by whom orders will be der this chapter, or any duly authorized agent of any executed. such person and which sets forth the name and ad- (b) Any purchaser who makes a bona fide investdress of the applicant, the name and address of the ment of$100,000 or more may be excluded from the issuer, and the title of the securities to be offered in computation ofthe 35 purchasers, provided that any this state; such purchaser or his representative receives, or has

2. Copies of such documents filed with the Secu- access to, the information required to be disclosed by rities and Exchange Commission as the department subparagraph (a)2. may by rule require; and (c) This exemption shall expire 2 years from the

3. The irrevocable written consent as required by date it becomes law. s. 517.101. (21) From time to time, the department may, but

(b) The person filing a notice of intention shall at is not required to, adopt rules defining other transacthe time of filing pay the department a nonreturna- tions exempted from the registration provisions ofs. ble fee of0.1 percent of the aggregate sales price of 517.07, but only after a finding by the department

705

s. 5I7.06I I980 SUPPLEMENT TO FLORIDA STATUTES I979 s. 5I7.08I

that the application of the provisions ofs. 5I7.07 to a particular transaction is not necessary in the public interest and for the protection of investors because of the small dollar amount of securities involved or the limited character of the offering. No rule so adopted may have the effect of narrowing or limiting any exemption provided for by statute in the other subsections of this section.

History.-s. 1, ch. 78-435; ss. 4, 15, ch. 79-381; ss. 1, 5, ch. 80.254; ss. 1, 3, ch. 80-403.

'Note.-Section 5, ch. 80.254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

15I7.07 Registration of securities.-No securities except of a class exempt under any of the provisions of s. 5I7.05I or unless sold in any transaction exempt under any of the provisions of s. 5I7.06I shall be sold or offered for sale within this state unless such securities shall have been registered, as hereinafter defined, and ~nless prior to each sale the purchaser is furnished with a prospectus meeting the requirements of rules adopted by the department. The department shall issue a permit when such r.egistration has been granted by the department. A permit to sell securities sh;ill be effective for I year from the date it was granted. Registration of securities shall be deemed to include the registration of rights to subscribe to such securities if the application under s. 5I,7.08I for registration of such securities includes a statement that such rights are to be issued. A record of the registration of securities shall be kept in the office of the department, in which register of securities shall also be recorded any orders entered by the department with respect to such securities. Such register, and all information with respect to the securities registered therein, shall be open to public inspection. The provisio~s of this section to the contrary notwithstanding, offers of securities required to be registered by this section may be made in this state prior to the registration of such securities if the offers are made in conformity with rules adopted by the department. · .

History.-s. 6, ch. 14899, 1931; CGL 1936 Supp. 6002(7); s. 3, ch. 24066, 1947; s. 11, ch. 25035, 1949; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 2, ch. 78-435; ss. 5, 15, ch. 79-381; ss. 4, 5, ch. 80-254. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80.254. Section 5, ch. 80.254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

15I7.08I Registration procedure.-(1) All securities required by this chapter to be

registered before being sold in this state shall be registered in the manner provided by this section.

(2) The department shall receive and act upon applications to have securities registered and may prescribe forms on which it may require such applications to be submitted. Applications shall be duly signed by the applicant, sworn to by any person having knowledge of the facts, and filed with the department. An application may be made either by the issuer of the securities for which registration· is applied or by any registered dealer desiring to sell the same within the state.

(3) The department may require the applicant to submit to the department the following information concerning the issuer and such other relevant information as the department may in its judgment deem

necessary to enable it to ascertain whether such -securities shall be registered pursuant to the provisions of this section:

(a) The names and addresses of the directors, trustees, and officers, ifl the issuer be a corporation, association, or trust; of all the partners, if the issuer be a partnership; or of the issuer, if the issuer be an individual.

(b) The location of the issuer's principal business office and of its principal office in this state, if any.

(c) The general character ofthe business actually to be transacted by the issuer -and the purposes of the proposed issue.

(d) A statement of the capitalization of the issuer.

(e) A balance sheet showing the amount and general character of its assets and liabilities on a day not more than 90 days prior to the date of filing such balance sheet or such longer period of time, not exceeding 6 months, as the department may-permit .a:t the written request of the issuer on a showing of good cause therefor.

(f) A detailed statement of the plan upon which the issuer proposes. to transact business.

(g) A specimen copy of the security and a copy of any circular, prospectus, advertisement, or other description of such securities.

(h) A statement of the amount of the issuer's-income, expenses, and fixed charges during the last fiscal year or, if in actual business less than I year, then for such time as the issuer has been in actual business.

(i) A statement of the issuer's cash sources and application during the last fiscal year or, if in actual business less than I year, then for such time as the issuer has been in actual business.

(j) A statement showing the maximum price at . which such security is proposed to be sold, together with the maximum amount of commission, including expenses, or other form of remuneration to be paid in cash or otherwise, directly or indirectly, for or in connection with the sale or offering for sale of such securities.

(k) A copy of the opinion or opinions of counsel concerning the legality of the issue or other matters which the department may determine to be relevant to the issue. .

(l) A detailed statement showing the items of cash, property, services, patents, good will, and any other consideration in payment for which such securities have been or are to be issued.

(m). The amount of securities to be set aside and disposed of and a statement of all securities issued from time to time for promotional purposes.

(n) If the issuer is a corporation, there shall be filed with the application a copy of its articles of incorporation with all amendments and of its existing bylaws, if not already on file in the department. Ifthe issuer is a trustee, there shall be filed with the application a copy of all instruments by which the trust is created or declared and in which it is accepted and acknowledged. If the issuer is a partnership, unincorporated association, joint-stock company, or any other form of organization whatsoever, there shall be filed with the application a copy of its articles of partnership 9r association and all other pa-

706


pers pertaining to its organization, if not already on file in the department.

(4) All of the statements, exhibits, and documents of every kind required by the department under this section, except properly certified public documents, shall be verified by the oath of the applicant or of the issuer in such manner and form as may be required by the department.

(5) The department may by rule fix the. maximum discounts, commissions, expenses, remuneration, and other compensation to be paid in cash or otherwise, not to exceed 20 percent, directly or indirectly, for or in connection with the sale or offering for sale of such securities in this state.

(6) An issuer filing an application under this section shall, at the time of filing, pay the department a nonreturnable fee computed at the rate of0.1 percent of the maximum aggregate offering price of the securities to be offered in this state, but not less than $50 or more than $1,000. An amendment to the application which increases the maximum aggregate offering price offered in this state shall require an additional fee computed at the rate of0.1 percent of the increased amount, but in no event shall total fees exceed $1,000 per application.

(7) If upon examination of any application the department shall find that the sale of the security referred to therein would not be fraudulent and would not work or tend to work a fraud upon the purchaser, that the terms of the sale of such securities would be fair, just, and equitable, and that the enterprise or business of the issuer is not based upon unsound business principles, it shall record the registration of such security in the register of securities; and thereupon such security so registered may be sold by any registered dealer, subject, however, to the further order of the department.

History.-s. 3, ch. 78-435; s. 148, ch. 79-164; ss. 6, 15, ch. 79-381; ss. 2, 5, ch. 80-254.

'Note.-Section 5, ch. 80-254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1517.12 Registration of dealers, associated persons, and investment advisers.-

(!) No dealer, associated person, or issuer of securities shall sell or offer for ~ale any securities in or from offices in this state, or sell securities in this state to persons thereof from offices outside this ~tate, by mail or otherwise, unless the person has been registered with the department pursuant to the provisions of this section.

(2) The registration requirements of this section shall not apply to the issuers of securities exempted by s. 517 .051(1)-(8).

(3) Except as otherwise provided in s. 517 .061(12)(a)4. and s. 517 .061(20)(a)3., the registration requirements of this section shall not apply in a transaction exempted by s. 517 .061(1)-(16) and s. 517.061(20).

(4) No investment adviser shall engage ' in business from offices in this state, or render investment advice to persons thereof, by mail or otherwise, unless the investment adviser has been registered with the department pursuant to this section. A dealer or associated person who is registered pursuant to this section may render investment advice upon notification to the department.

(5) A dealer, associated person, or investment adviser, in order to obtain initial registration, shall file with the department a written application, in a form which the department may by rule prescribe, verified under oath. Dealers and investment advisers shall also file an irrevocable written consent to service of civil process similar to that provided .in s. 517.101. The application shall contain such information as the department may require concerning such matters as: .

(a) The name of the applicant and the address of its principal office and each office in this state.

(b) The applicant's form and place of organization and, if the applicant is a corporation, a copy of its articles of incorporation and amendments thereto or, if a partnership, a copy of the partnership agreement.

(c) The applicant's proposed method of doing business and financial condition and history, including a certified financial statement showing all assets and all liabilities, including contingent liabilities of the applicant as of a date not more than 90 days prior to the filing of the application.

(d) The names and addresses of all salesmen of the applicant to be employed in this state and the offices to which they will be assigned.

(6) · The application shall also contain such information as the department may require about the applicant, any partner, officer, or director of the applicant, any person having a similar status or performing similar functions, any person directly or indirectly controlling the applicant, or any employee of a dealer or of an investment adviser rendering investment advisory services. Each applicant shall file a complete set of fingerprints taken by an authorized law enforcement officer. Such fingerprints shall be submitted to the Department of Law Enforcement or the Federal Bureau oflnvestigation for state and federal processing. The department may waive, by rule, the requirement that applicants must file a set of fingerprints or the requirement that such fingerprints must be processed by the Department of Law Enforcement or the Federal Bureau of Investigation. The department may require information about any such applicant or person concerning such matters as:

(a) His full name, age, photograph, qualifications, educational and business history, and any other names by which he may have been known.

(b) Any injunction or administrative order by any state or federal agency, national securities exchange, or national securities association involving a security or any aspect of the securities business and any injunction or administrative order by a state or federal agency regulating banking, insurance, finance, or small loan companies, real estate, mortgage brokers, or other related or similar industries, which injunctions or administrative orders relate to such person.

(c) His conviction of, or plea of nolo contendere to, a criminal offense or his commission of any acts which would be grounds for refusal of an application under s. 517.161.

(d) The names and addresses of other persons of whom the department may inquire as to his character, reputation, and financial responsibility.

707


(7) The department may require the applicant or one or more principals or general partners, or natural persons exercising similar functions, or any agent-applicant to successfully pass oral or. written examinations. The examination standards may be higher for a dealer, office manager, principal, or person exercising similar functions than for a nonsupervisory salesman. The department may waive the examination process when it determines that such examinations are not in the public interest. The department shall waive the examination requirements for any person who has passed any tests as prescribed ins. 15(b)(7) of the Securities Exchange Act of 1934. . (8) The department may by rule require the

maintenance of a minimum net capital for registered dealers and investment advisers, or prescribe a ratio between net capital and aggregate indebtedness, to assure adequate protection for the investing public.

(9) An applicant for registration shall pay an assessment fee of$100, in the case of a dealer or investment adviser, or $20, in the case of an associated person. There shall be no fee for reaffiliation of a registered associated person. Each dealer and. each investment adviser shall pay an assessment fee of $50 for each office in this state, except its designated principal office. Such fees become the revenue of the state, except for those assessments provided for under s. 517.131(1) until such time as the Security Guaranty Fund satisfies the statutory limits, and are not returnable in the event that registration is withdrawn or not granted.

(10) If the department finds that the applicant is of good repute and character and has complied with the provisions of this section and the rules made pursuant hereto, it shall register the applicant. Every dealer and investment adviser registration shall expire on December 31 of the year in which it became effective; except that the department may by rule provide for an equitable method of staggering the expiration dates of registrations using a date other than December 31 of each year. Registration for dealers and investment advisers may be renewed by a written application furnishing such information as the department may require, together with payment of the fee required in subsection (9) for dealers, investment advisers, associated persons, or branch offices. The renewal shall be accomplished not less than 30 or more than 60 days prior to the date of expiration of the registration. If a registrant fails to renew a registration within the time period provided, registration shall only be granted upon the submission of an original application.

(ll)(a) . The department may issue a license to a dealer, salesman, officer, office, or investment adviser to evidence registration under this chapter. The department may require the return to the department of any license it may issue prior to issuing a new license.

(b) Every dealer shall promptly file with the ·department, as prescribed by rules adopted by the department, notice as to the termination of employment of any associated person registered for such dealer in this state and shall also furnish the reason or reasons for such termination.

(c) Each dealer shall designate in writing to the department a manager for each office the dealer has in that state, and each manager shall be registered as a principal.

(12) Changes in registration occasioned by changes in personnel of a partnership or in the principals, copartners, officers, or directors of any dealer or investment adviser or by changes of any material fact or method of doing business shall be reported by written amendment in such form and at such time as the department may specify. . .

(13) A dealer, assoCiated person, or investment adviser registered under this section shall maintain such books and records as the department may prescribe by rule. The department shall have authority to visit and.examine the affairs and records of each registered dealer, associated person, or investment adviser or require such records and reports submitted to it as it may require by rule.

Hlstory.-s. 11, ch. 14899, 1931; s. 6, ch. 17253, 1935; CGL 1936 Supp. 6002(12}; s. 3, ch. 20960, 1941; s. 3, ch. 21709, 1943; s. 1, ch. 57-288; s. 1, ch. 59-169; s. 1, ch. 63-321; s. 6, ch. 65-454; ss. 12, 35, ch. 69·106; s. 6, ch. 71·96; s. 2, ch. 72-152; s. 3, ch. 73-68; s. 1, ch. 74-278; s. 3, ch. 76-168; s. 194, ch. 77·104; s. 1, ch. 77-457; s. 4, ch. 78-435; s. 19, ch. 79-8; s. 149, ch. 79-164; ss. 7, 15, ch. 79-381; ss. 3-5, ch. 80-254; ss. 2, 3, ch. 60-403. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80-254. Section 5, ch. 80-254, provides, in effect, that this section shall stand repealed on July 1, 1988, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep-

'tions. ·

'517.301 Fraudulent transactions; falsification or concealment of facts.-It is unlawful, and a violation of the provisions of this 2 part, for any person:

(1) In connection with the offer, sale, or purchase of any security, including any security exempted under the provisions of s. · 517.051 and .including any security sold in any transaction exempted under the provisions of s. 517.061, directly or indirectly:

(a) To employ any device, scheme, or artifice to defraud;

(b) To obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or

(c) To erigage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

(2) To publish, give 'publicity to, or Circulate any notice, circular, advertisement, newspaper, article, letter, investment service, communication, or broadcast which,. though not purporting to offer a security for sale, describes such security for a consideration received or to be received directly or indirectly from an issuer, underwriter, or dealer, or from an agent or employee of an issuer, underwriter, or dealer, without fully disclosing the receipt, whether past or prospective, of such consideration and the amount thereo( .

(3) In any matter within the jurisdiction of the department, to knowingly and willfully falsify, con" ceal, or cover up, by any trick, scheme, or device, a material fact, make any false, fictitious, or fraudu-

708


lent statement or representation, or make or use any false writing or document, knowing the same to contain any false, fictitious, or fraudulent statement or entry.

History.--s. 1, ch. 65-428; sa. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 6, ch. 78-435; sa. 4, 5, ch. 80.254. 'Note.-The repeal of this section"by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80.254. Section 5, ch. 8().254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as a,mended. 'Note.-See s. 14, ch. 79-381, which directs that "part" be changed to "chap

ter" where upart" appears in this section. The change will be implemented by reviser's bill.

1517.302 Penalty.-Whoever violates any of the p:r:ovisions of this •part is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The statute of limitations for prosecution of offenses committed under this •part shall be 5 years.

Hlstory.--s. 1, ch. 65-102; s. 488, ch. 71-136; s. 3, ch. 76-168; s. ·1, ch. 77-457; sa. 4, 5, ch. 80.254. 'Note.-The repeal of this section ny s. 3, ch. 7S.lli8, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80.254. Section 5, ch. 80.254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amend-ed. -

'Note.-See s. 14, ch. 79-381, which directs that "part" be changed to "chapter" where upart" appears in this section. The change will be implemented by reviser's bill. ·

1517.311 False representatio~; deceptive words; enforcement.-

(!) It is unlawful for any person -in issuing or selling any security within the state, including any security exempted under the provisions ofs. 517.051 arid including any transactions exempted under the provisions of s. 517.061, to misrepresent that such security or company has been guaranteed, sponsored, recommended, or approved by the state or any agency or officer thereof or tlie United States or any agency or officer thereof.

(2) It is unlawful for any person registered or required to be registered under any section of this chapter, including such persons and issuers within the purview ofss. 517.051 and 517.061, to misrepresent that such person has been sponsored, recommended, or approved, or that his abilities or qualifications have in any respect been passed upon, by the state -or any agency or officer thereof or the United States or any agency or officer thereof.

(3) No provision of subsection (1) or subsection (2) shall be construed to prohibit a statement that a person or security is registered under this chapter if such statement of registration is required by the provisions of this part or rules promulgated thereunder, if such statement is true in fact, and if the effect of such statement of registration is not misrepresented.

( 4) This section may be enforced only by the department in an action or proceeding brought under s. 517.191 or s. 517.221. ·

History.-s. 1, ch. 63-98; sa. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-435; sa. 11, 15, ch. 79-381; as. 4, 5, ch. 8().254. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80.254. Section 5, ch. 80-254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amended.

1517.32 Exemption from excise tax, certain obligations to pay.-There shall be exempt from all excise taxes imposed by chapter 201 all promissory notes, nonnegotiable notes, and other written obligations to pay money bearing dates subsequent to

July 1, 1957, when the maker thereof is a security dealer registered by the department under this 2part, when such promissory note, nonnegotiable note or notes, or other written obligation to pay money shall be for the duration of 30 days or less and secured by pledge or deposit, as collateral security for the payment thereof, security or securities as defined in s. 517.02, provided all excise taxes imposed by chapter 201 shall have been paid upon such collateral security.

History.-s. 1, ch. 57-823; as. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; as. 4, 5, ch. 8().254. • 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 4, ch. 80-254. Section 5, ch. 80.254, provides, in effect, that this section shall stand repealed on July 1, 1986, and shall be reviewed by the Legislature pursuant to the Regulatory Reform Act of 1976, as amend-ed. ·

'Note.-See s. 14, ch. 79-381, which directs that "part" be changed to "chapter" where "part" appears in this section. The change will be implemented by reviser's bill.

CHAPTER 520

RETAIL INSTALLMENT SALES

PART I MOTOR V:E~HICLES SALES FINANCE

PART II RETAIL INSTALLMENT SALES

PART III INSTALLMENT SALES FINANCE

PART IV HOME IMPROVEMENT SALES AND FINANCE

PART I

MOTOR VEHICLES SALES FINANCE

520.01 520.02 520.03

520.04

520.041 520.05 520.06 520.07

520.08 520.09 520.10 520.12 520.13

. ' .

Motor Vehicles Sales Finance Act. Definitions. Licensing of sales finance companies re

quired. Denial, suspension, or revocation of li-

cense. Books, accounts, records, etc. Investigations and complaints. Powers of department. Requirements and prohibitions as to retail

installment contracts. Finance charge limitation. Credit upon anticipation of payments. Refinancing retail installment contract. Penalties. Waiver.

520.01 Motor Vehicles Sales Finance Act.[The repeal of this section by s. -3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.02 Definitions.-In this act, unless the context or subject matter otherwise requires:

(1) "Motor vehicle" means any device or vehicle, including automobiles, motorcycles, motor .trucks,

709


trailers, mobile homes, and all other vehicles operated over the public highways and streets of this state and propelled by power other than muscular. power, but excluding traction engines, road rollers, implements of husbandry and other agricultural equipment and vehicles which run only upon a track.

(2) "Retail buyer" or "buyer" means a person who buys a motor vehicle from a retail seller not principally for the purpose of resale, and who executes a retail installment contract in connection therewith or a person who succeeds to the rights and obligations of such person.

(3) "Retail installment seller" or "seller" means a person engaged in the business of selling motor vehicles to retail buyers in retail installment transactions.

(4) "Retail installment transaction" means ariy transaction evidenced by a retail installment contract entered into between a retail buyer and a retail seller wherein the retail buyer buys a motor vehicle from the retail seller at a deferred payment price payable in one or more deferred installments.

(5) "Retail installment contract" or "contract" means an agreement, entered into in this state, pursuant to which the title to, or a lien upon the motor vehicle, which is the subject matter of a retail installment transaction, is retained or taken by a retail seller from a retail buyer as security, in whole or in part, for the buyer's obligation. The term includes a conditional sales contract and a contract for the bailment or leasing of a motor vehicle by which the bailee or lessee contracts to pay as compensation for its use a sum substantially equivalent to or in excess of its value and by" which it is agreed that the bailee or lessee is bound to become, or for no further or a merely nominal consideration, has the option of becoming, the owner of the motor vehicle upon full compliance with the provisions of the contract.

(6) "Cash price" means the price stated in a retail installment contract for which the seller would have sold to the buyer, and the buyer would have bought from the seller, the motor vehicle which is the subject matter of the retail installment contract, if such sale had been a sale for cash instead of a retail installment transaction. The cash price shall include any taxes, charges for accessories and their installation and for delivery, servicing, repairing, or improving the motor vehicle.

(7) "Official fees" mean fees and charges prescribed by law which actually are or will be paid to public offi~::ials for determining the existence of or for perfecting or releasing or satisfying any security related to the credit transaction, or the premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transaction, if the premium does not exceed the fees and charges which would otherwise be payable to public officials.

(8) Except as otherwise provided in this part, "finance charge" means the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. Charges or premiums for credit life, accident, or health insurance, written in connection with any retail installment transaction shall be included in

the finance charge unless the coverage of the debtor by the insurance is not a factor in the approval by the creditor of the extension of credit; and, in order to obtain the insurance in connection with the extension of credit, the person to whom the credit is extended gives specific affirmative written indication of his desire to do so after written disclosure to him of the cost thereof. However, if such insurance coverage is a factor in the approval by the seller of the extension of credit, a charge may be made for the insurance which shall be included in the finance charge for the purposes of disclosure and advertising, but shall be excluded from the finance charge for the purpose of determining maximum permitted charges. Charges on premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor and stating that the person to whom the credit is extended may choose the person·through which the insurance is to be obtained. If fees and charges prescribed by law which actually are or will be paid to public officials for determining the existence of, or for perfecting or releasing or satisfying, any security related to the credit transaction; the premium payable for any insurance in lieu of perfecting any security interest otherwise required by the creditor in connection with the transac'tion, if the premium does not exceed the fees and chargtts described above which would otherwise be payable; taxes; or any other type of charge which is not for credit and the exclusion of which from the finance charge is approved by the Department of Banking and Finance by regulation are itemized and disclosed in connection with any transaction, then the creditor need not include that item in the computation of the finance charge with respect to that transaction.

(9) "Sales fmance company" means a person engaged in the business of purchasing retail installment contracts from one or more retail sellers. The term includes but is not limited to a bank, trust 'company, or industrial bank, if so engaged. The term does not include the pledge of an aggregate number of such contracts to secure a bona fide loan thereon.

(10) The "holder" of a retail installment contract means the retail seller of the motor vehicle under the contract or, ifthe contract is purchased by a sales finance company or another assignee, the sales finance company or other assignee.

(11) "Person" means an individual, partnership, corporation, association, and any other group however organized.

(12) "Deferred payment price" means the cash price, all other charges, individually itemized, which are included in the amount financed but which are not part . of the finance charge, plus the financfi! charge.

(13) "Department" means the Department of Banking and Finance.

710


(14) Words in the singular include the plural and vice versa.

History.-s. 1, ch. 57-799; s. 1, ch. 59-456; s. 1, ch. 61-117; s.1, ch. 63-101; ss. 12, 35, ch. 69-106; s. 1, ch. 69-370; s. 198, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 21, ch. 80-256.

1520.03 Licensing of sales finance companies required.-

(1) No person shall engage in the business of a retail installment seller or of a sales finance company in this state without a license therefor as provided in this act; however, no bank, trust company, or industrial bank authorized to do business in this state shall be required to obtain a license under this act.

(2) The application for such license shall be in writing and in the form prescribed by the department. The application shall contain the name of the applicant; date of incorporation, if incorporated; the address where the business is or is to be conducted and similar information as to any branch office of the applicant; the name and residence address of the owner or partners or, if a corporation or association, of the directors, trustees, and principal officers, and such other pertinent information as the departm,ent may require.

(3) The license fee for each calendar year or part thereof shall be $50 for the principal place of business of each sales finance company, and $25 for the principal place of business of each retail installment seller of motor vehicles. A separate license fee oflike amount shall be paid for each branch of the sales finance company and for each branch of a retail installment seller of motor vehicles maintained in this state; however, if a retail installment seller of motor vehicles has more than one location in the same county, only one license fee shall be paid for that county. Fees collected under this section shall be deposited in the State Treasury in the Regulatory Trust Fund under the Division of Finance of the department. ,

( 4) Each license shall specify the location of the office or branch and must be conspicuously displayed there. In case such location · be changed, the department shall endorse the change of location on the license without charge.

(5) Upon the filing of such application, and the payment of said fee, the department shall issue a license to the applicant to engage in the business of a sales finance company or of a retail installment seller under and in accordance with the provisions of this act for a period which shall expire the last day of December next following the date of its issuance. Such license shall not be transferable or assignable. No licensee shall transact any business provided for by this act under any other name. Licenses shall be issued only to persons of good moral character, or to corporations whose officers are of good moral char~ acter.

History.-s. 2, ch. 57-799; s. 2, ch. 59-456; ss. 12, 35, ch. 69-106; s. 138, ch. 71-355; s. 1, ch. 73-276; s. 3, ch. 73-326; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 150, ch. 79-164; ss. 2, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch .


1 520.04 Denial, suspension, or revocation of license.-

(1) A license may be denied, suspended, or revoked by the department on the following grounds:

(a) Material misstatement in an application for license; .

(b) Failure to comply with any provision of this act relating to retail installment contracts or any rule of the department;

(c)' Defrauding any retail. buyer to the buyer's damage;

(d) Fraudulent misrepresentation, circumvention, or concealment by the licensee, through whatever subterfuge or device, of any of the material particulars or the nature thereof required to be stated or furnished to the retail buyer under this act.

(2) If a licensee is a firm, association, or corporation, it shall be sufficient cause for the suspension or revocation of a license that any officer, director, or trustee of a licensed firm, association, or corporation, or any member of a licensed partnership, has so acted or failed to act as would be cause for suspending or revoking a license to such party as an individual. Each licensee shall be responsible for the acts of any or all ofhis employees while .acting as his agent, if such licensee after actual knowledge of said acts retained the benefits, proceeds, profits, or advantages accruing from said acts or otherwise ratified said acts.

(3) No revocation, suspension, or surrender of any license shall impair or affect the obligation of any lawful retail installment contract acquired previously thereto by the licensee.

History.-s. 3, ch. 57-799; s. 3, ch. 59-456; s. 7, ch. 63-512; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 7, ch. 78-95; ss. 3, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.


520.041 Books, accounts, records, etc.-(The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.05 Investigations and complaints.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.06 Powers of department.-(1) The department shall have power to issue

subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any matter over which it has jurisdiction, control, or supervision pertaining to this act. The department shall have the power to administer oaths and affirmations to any person whose testimony is required.

(2) If any person shall refuse to obey any such subpoena, or to give testimony, or to produce evidence as required thereby, any judge of the circuit court may, upon application and proof of such refusal, make an order awarding process of subpoena, or subpoena duces tecum, out of the circuit court, for the witness to appear before the department and to give testimony, and to produce evidence as required thereby. Upon filing such order in the office of the clerk of the circuit court, the clerk shall issue process of subpoena, as directed, under the seal ofthe court,

. 711

s. -520.06 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 520.07

requiring the person to whom it is direCted to appear at the time ;md place therein designated.

(3) If any person served with any such subpoena shall refuse to obey the same, and to give testimony, and to produce evidence as required thereby, the department may apply to any judge of the circuit court for an attachment against such ·person, as for a contempt. The judge, upon satisfactory proof of such refusal, shall issue an attachment, directed to any sheriff or police officer, for the arrest of" such person, and upon his being brought before such judge, proceed to a hearing of the case. Refusal shall constitute a misdemeanor of the second degree, punishable as provided in· s. 775.082 or s. 775.083.

(4) The department may adopt such rules as it may deem necessary in the administration of this part, which are not inconsistent with the provisions of this part. •

History.-s. 5, ch. 57-799; ss. 12, 35, ch. 69·106; s. 490, ch. 71·136; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 1, ch. 77457; ss. 4, 21, ch. 8().256. 'Note.-The repeal of thls section by s. 3, ch. 76-168, as amended by s. 1, ch.

77·457, was nullified by s. 21, ch. S0.256.

1520.07 Requirements and prohibitions as to retail installment contracts.-

(l)(a) A retail installment contract shall be in writing, shall be signed by both the buyer and the seller, and shall be completed as to all essential provisions prior to the signing of the contract by the buyer.

2 (b) The printed portion of the contract, other than instructions for completion, shall be in at least 6-point type. The contract shall contain:

1. A specific statement that liability insurance coverage for bodily injury and property damage caused to others is not included, if that is the case; and

2. The following notice in substantially this form:

Notice to the Buyer a. Do not sign this contract before you read it or

if'it contains any blank spaces. • b. You are entitled to an exact copy of the con

tract you sign. Keep it to protect your legal rights.

seller, the residence or place ofbusiness of the buyer as specified by the buyer, and a description of the motor vehicle including its make, year model, and model and identification number or marks.

(2) The contract shall contain the following: (a) The cash price of the motor vehicle; (b) The amount of the buyer's down payment,

itemized, and whether made in money or goods or partly in money and partly in goods. If the down pa)rment is in money it must be listed as "cash down payment"; if in property, it must be listed as "tradein"; and if both, the sum must be· listed as "total down payment";

(c) The difference between paragraphs (a) and (b), referred to as "unpaid balance of cash price";

(d) The amounts, if any, included for insurance and other benefits, if not included in the finance charge, specifying the types of coverage!? and benefits·

(~) The amount of.license, taxes, and official fees, ifl:!-ny; ·. (f) The amount financed which is the sum of paragraphs (c), (d), and (e);

(g) The amount of the finance charge with description of each amount included; · ·

(h) The "total of payments," which is the sum of paragraphs (f) and (g), payable in installments by the buyer to the seller, the number of installmen18, the amount of each installment, and the due date or period thereof;

(i) The deferred payment price which is the sum of paragraphs (a), (d), (e), and (g).

The above items need not be stated in th~ sequence or order set forth, and additiop.al items may be included to explain the calculations involved in determining the stated total of payments to be paid by the buyer. ·

(3) The amount, if any included for insurance, which may be purchased by the holder of the retail installment contract, shall not exceed the applicable pr~miums chargeable in accordance with the rates filed with the Department of Insurance. If dual interest insurance on the motor vehicle is purchased by the holder it shall, within 30 days after execution

(c) The seller shall deliver tO the buyer, or mail of the retail installment contract, send or cause to be to him at his address ·shown: on the contract, a copy sent to the buyer a policy or policies dr certificate of of the c6ntract signed by the seller. Before the trans- insurance, written by an insurance company authoraction is consummated, a copy of the retail install- ized to do business in this state, clearly setting forth ment contract, or a separate statement by which the the amount of the pr.emium, the kind or kinds of disclosures required by this section are made and on insurance, the coverages and all the terms, . excepwhich . the buyer and seller are identified, shall be tions, limitations, restrictions, and cqnditions of the delivered to the buyer: Until the seller has delivered contract or contracts of insurance. Nothing in this or mailed to the buyer a copy of the retail install- act shall impair or abrogate the right of a buyer as ment contract, a buyer who has not received delivery defined herein, to procure insurance from an agent of the motor vehicle shall have the right to rescind and company of his o\vn selection as provided by the his agreement and to receive a refund of all pay- insurance laws of this state; and nothing contained ments made and return of all goods traded in to the in this act shall modify, amend, alter, or'repeal any seller on account of or in contemplation of the con- of the insurance laws of the state, including any such tract or, if such goods cannot be returned, the value laws enacted by the 1957 Legislature. thereof. Any acknowledgment by the buyer of deliv- ( 4) If any insurance is canceled, or the premium ery of a copy of the contract, if contained in the adjusted, unearned insurance premium refunds recontract, shall appear directly above or adjacent to ceived by the holder and any unearned finance the buyer's signature. · charges thereon shall, at his option, be credited to

(d) The contract shall contain the names of the the final maturing installments of the contract or seller and the buyer, the place of business of the paid to the buyer, except to the extent applied to-

712


ward payment for similar insurance protecting the interests of the buyer and the holder, or either of them. The finance charge on the original transaction shall be separately computed:

(a) With the premium for the canceled or adjusted insurance included in the "Amount Financed"; and

(b) With the premium for the canceled insurance or the amount of the premium adjustment excluded from the "Amount Financed."

The difference in the finance charge resulting from these computations shall be the portion of the finance charge attributable to the canceled or adjusted insurance, and the unearned portion thereof shall be determined by the use of the rule of 78ths. "Cancellation of insurance" occurs at such time as the seller or holder receives from the insu'rance carrier the proper refund of unearned insurance premiums.

(5) The holder may, if the contract or refinancing agreement so provides, collect a delinquency and collection charge on each installment in default for a period not less than 10 days in an amount not in excess of 5 percent of each installment or $5, whichever is less. In addition to such delinquency and collection charge, the contract may provide for the payment of reasonable attorney's fees where such contract is referred for collection to an attorney not a salaried employee of the holder ofthe contract plus the court costs.

(6) No retail installment contract shall be signed by any party thereto when it contains blank spaces to be filled in after it has been signed, except that, if delivery of the motor vehicle is not made at the time of the execution of the contract, the identifying numbers or marks of the motor vehicle or similar information and the due date of the first installment may be inserted in the contract after its execution. The buyer's written acknowledgment, conforming to the requirements ofparagraph (l)(c), of delivery of a copy of a contract shall be presumptive proof of such delivery, that the contract when signed did not contain any blank spaces except as herein provided, and of compliance with this section in any action or proceeding by or against the holder of the contract.

(7) Upon written request from the buyer, the holder of a retail installment contract shall give or forward to the buyer a written statement of the dates and amounts . of payments and the total amount unpaid under such contract. A buyer shall be given a written receipt for any payment when made in cash. ,

(8) The department may order a seller to refund any amounts assessed and charged on a retail installment contract which exceed the maximum charges provided by this act or by rules of the department.

History.-s. 6, ch. 57-799; s. 6, ch. 59-456; ss. 13, 35, ch. 69-106; s. 2, ch. 69-370; s. 3, ch. 76-168; s. 1, ch. 77-245; s. 1, ch. 77-457; s. 218, ch. 79-400; ss. 5, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 21, ch. 80-256. 'Note.--Section 22, ch. 80-256, provides that the provisions of s. 5, which

amended this paragraph, "in so far as they require a change in the form of

the notice to the buyer shall take effect on December 31, 1980."

1520.08 Finance charge limitation.-(!) Notwithstanding the provisions of any other

law, the finance charge, exclusive of insurance, shall not exceed the following rates:

(a) Class 1. Any new motor vehicle designated by the manufacturer by a year model not earlier than the year in which the sale is made-$10 per $100 per year.

(b) Class 2. Any new motqr vehicle not in Class 1 and any used motor vehicle designated by the manufacturer by a year model of the same or not more than 2 years prior to the year in which the sale is made-$11 per $100 per year. ·

(c) Class 3. Any used motor vehicle not in Class 2 and designated by the manufacturer by a year model not more than 4 years prior to the year in which the sale js made-$15 per $100 per year.

(d) Class 4. Any used motor vehicle not in Class 2 or Class 3 and designated by the manufacturer by a year model more than 4 years prior to the year in whicq the sale is made-$17 per $100 per year.

(2) Such finance charge shall be computed on the amount financed as determined under s. 520.07(2) on contracts payable in successive monthly payments substantially equal in amount. Such finance charge may be computed on the basis of a full month for any fractional-month period in excess oflO days. A minimum finance charge of $25 may be charged on any retail installment transaction.

(3) When a retail installment contract provides for unequal or irregular installment payments, the finance charge may be at a rate which will provide the same yield as is permitted on monthly payment contracts under subsections (1) and (2) having due regard for the schedule of payment.

(4)' Any sales finance company may purchase or acquire or agree to purchase or acquire from any seller any contract on such terms and conditions as may be agreed upon between them. Filing of the assignment, notice to the buyer of the assignment, and any requirement that the holder maintain dominion over the payments or the motor vehicle if repossessed shall not be necessary to the validity of a written assignment of a co~ tract as against creditors, subsequent purchasers, pledgees, mortgagees and lien claimants of the seller. Unless the buyer has notice of the assignment of his contract, payment thereunder made by the buyer to the last-known holder of such contract shall be binding upon all subsequent hold~rs. .

(5) The provisions of subsection (1) shall not apply to any retail installment contract for the purchase of a mobile home, titled as a motor vehicle, when such contract is entered into pursuant to a commitment to guarantee issued by the Veterans Administration or pursuant to a commitment to insure issued by the Federal Housing Administration.

2(6) As amended by chapter 79-592, Laws of Florida, chapter 79-274, Laws ofFlorida, which amended subsection (l)(a):

(a) Shall apply only to loans, advances of credit, or lines of credit made on or subsequent to July 1, 1979, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or

713


modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and

(b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances of credit, or lines of credit, other than to those mentioned in paragraph (a) of this subsection com-pleted prior to July 1, 1979. · '

History.-s. 7, ch. 57·799; s. 7, ch. 59-456; s. 3, ch. 69-370; s. 3, ch. 76-I68; s. I ,, ch. 77-457; s. I, ch. 78-3I2; Ss. 5, I5, ch. 79-274; s. I, ch. 79-592; s. 2I, ch. 80-256.

Note.-The repeal of this section by s. 3, ch. 76-I68, as amended by s. I, ch. 77-457, was nullified by s. 2I, ch. 80-~56 .

'Note.-Section 2, ch. 79-592, provides that the amendment by that chapter of s. I5, ch. 79-274, "shall operate retroactively to July I, I979."

520.09 Credit upon anticipation of payments. --[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21 ch. 80-256.] '

1520.10 Refinancing retail installment contract.-.:.:The holder of a contract, upon request by the buyer, may extend the scheduled due date of all or any part of any installment or installments or deferred payment or payments or renew or restate the unpaid balance of such contract, the amount of the installments, and the time schedule therefor and may collect for such extension, deferment renewal or restatement a refinance charge computed as fol~ lows: In the event the unpaid balance of the contract is extended, deferred, renewed, or restated, the holder may compute the refinance charge on such amount, by adding to the unpaid bahince the cost for insurance and other benefits incidental to the refinancing plus any accrued delinquency and collection charges, after deducting any refund which may be due the buyer at the time of the renewal or restatement by prepayment pursuant to s. 520.09, at the rate of the finance charge specified in s. 520.08(1) and by reclassifying the motor vehicle by its then year model, for the term of the refmancing agreement, but otherwise subject to the provisions of this act governing computation of the original finance charge. The provisions of this act relating to mini~um finance charges under s. 520.08(2) and acquisitwn costs under the refund schedule in s. 520.09 shall not apply' in calculating refinance charges on the contract extended, deferred, renewed, or restated. If all unpaid installments are deferred, the holder may, at his election, charge and collect for such deferment an amount equal to the difference between the refund required for prepayment in full under s. 520.09 as of the scheduled due date of the first deferred installment and the refund required for pr~payment in full as of 1 month prior to said date tlmes the number of months in which no scheduled payment is made.

History.-s. 9, ch. 57-799; s. 8, ch. 59-456; s. 5, ch. 69-370; s. 3, ch. 76-I68; s. I , ch. 77-457; ss. 6, 2I, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-I68, as amended by s. I , ch.

77-457, was nullified by s. 2I, ch. 80-256.

520.12 Penalties.--[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.13 Waiver.-{The repeal of this s~ction by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was

nullified by s. 21, ch. 80-256.]

PART II

520.30 520.31 520.32

520.331

520.332 520.34 520.35 520.351 520.36 520.37

520.38 520.39 520.40 520.41 520.42

RETAIL INSTALLMENT SALES

Short title. Definitions. Retail installment sales business; license

and fee. Denial, suspension or revocation of li-·

censes. Power of department; rules. Retail installment contracts. Revolving accounts. Consolidated debts. Mail order and telephone sales. Delinquency charges, attorney's fees and

court costs. Transfer of contracts. Violations. Waiver. Prior contracts not affected. Construction.

520.30 Short title.--[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.31 Definitions.--[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.32 Retail installment sales business; li· cense and fee.-

(1) No person shall engage in or transact the business of retail seller engaging in retail installment transactions as defined in this act without a license. The application for a license shall be in writing and in the form prescribed by the department. There is hereby levied and assessed upon every such r~tai! sel~er, for each store located and operated w1thm th1s state for the conduct of such business an annual license fee in the sum of $10. '

(2) Licenses shall be issued under and in accordan~e wit.h the .provisions of this act for a period which will expire December 31 next following the date of issuance. Such licenses shall not be transferab.le or assignable. Each license shall specify the location. of the office or branch and must be conspicuously displayed there. In case such location is changed, the department shall endorse the change oflocation on the license without charge. No licensee shall transact any business provided for by this act under any other name. Licenses shall be issued only to persons of good moral character or to corporations whose officers are of good moral character. Fees collected under this section shall be deposited in the State Treasury in the Regulatory Trust Fund under the Division of Finance of the department. ·

(3) The provisions of this section shall not be construed to require the ob~ining of a license or payment of a fee by any retail seller whose retail installment transactions are limited to the honoring of

714


credit cards issued by dealers in oil and petroleum products licensed to do business in this state.

History.-s. 3, ch. 59-414; s. 2,· ch. 63-547; s. 12, 35, ch. 69-106; s. 138, ch. 71-355; s. 3, ch. 73-276; s. 3, ch. 73-326; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 1, ch. 79-114; s. 151, ch. 79-164; ss. 7, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.


520.33i Denial, suspension or revocation of licenses.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

'520.332 Power of department; rules.-The department may adopt such rules as it may deem necessary in the administration of this part, which are not inconsistent with the provisions of this part.

History.-s. 4, ch. 63-547; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 8, 21, ch. 80.256.

'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.

'520.34 Retail installment contracts.-(1)(a) A retail installment contract shall be _ in

writing, shall be signed by both the buyer and the seller, and shall be completed as to all essential provisions prior to the signing of the contract by the buyer. ·

2(b) The printed portion of the contract, other than instructions for completion, shall be in at least 6-point type. The contract shall contain the following notice in substantially this form:

Notice to the Buyer a. Do not sign this contract before you read it or

if it contains any blank spaces. b. You are entitled to an exact copy of the con

tract you sign. Keep it to protect your legal rights.

(c) The seller shall deliver to the buyer, or mail to him at his address shown on the contract, a copy of the contract sigried by the seller. Before the transaction is consummated, a copy of the retail installment contract, or a separate statement by which the disclosures required by this section are made and on which the buyer and seller are identified, shall be delivered to the buyer, except as provided in s. 520.35. Any acknowledgment by the buyer of delivery of a copy of the contract, if contained in the contract, shall appear directly above or adjacent to the buyer's signature.

(d) The contract shall contain the names of the seller and the buyer, the place of business of the seller, the residence or place ofbusiness ofthe buyer as specified by the buyer, and a description of the goods.

(2) The contract shall contain the following: (a) The cash price of the goods; (b) The amount of the buyer's down payment,

and whether made in money or goods or partly in money and partly in goods. If the down payment is in money it must be listed as "cash down payment"; if in property, it must be listed as "trade-in"; and if both, the sum must be listed as "total down pay-ment"; ·

(c) The difference between paragraphs (a) and (b), referred to as "unpaid balance of cash price";

(d) The amount, if any, included for insurance

and other benefits, if not included in the finance charge, specifying the types of coverages and benefits;

(e) The amount of license taxes and official fees, if any;

(f) The amount financed, which is the sum of paragraphs (c), (d), and (e);

(g) The amount of the finance charge; (h) The·"total of payments," which is the sum of

paragraphs (f) and (g), payable in installments by the buyer to the seller, the number of installments, the amount of each installment, and the due date or period thereof;

(i) The deferred payment price, which is the sum of paragraphs (a), (d), (e), and (g).

The above items need not be stated in the sequence or order set forth and additional items may be included to explain the calculations involved in_ determining the stated total of payments to be paid by the buyer.

(3) The maximum number of payments and the amount and date of each payment need not be separately listed if the payments are stated in terms of a series of scheduled amounts and if the amount of the final payment does not exceed the scheduled amount of any preceding installment; in such case the amount of the scheduled final payment may be stated as the remaining unpaid balance. The initial date for the payment of the first installment may be a calendar date or may refer to the time of delivery or installation.

(4) A retail installment contract need not be contained in a single document. If the contract is contained in more than one document, then one such document may be an original document applicable to purchases of goods or services to be made by the retail buyer from time to time, and in such case such document, together with the sales slip, account book, or other written statement relating to each purchase, shall set forth all of the information required by subsections (1) and (2) and shall constitute the retail installment contract for each such purchase.

(5)(a) Notwithstanding the provisions of any other law, the seller under a retail installment contract may charge, receive, and collect a finance charge which shall not exceed the following rates: On the amount financed, $12 per $100 per year. The finance charge under this subsection shall be computed on the amount financed of each transaction, as determined under paragraph (2)(f), on contracts payable in successive monthly payments substantially equal in amount, for the period from the date of the contract to and including the date when the final installment thereunder is payable. When a retail installment contract is payable other than in successive monthly payments substantially equal in amount, the finance .charge may be at the effective rates provided in this subsection, having due regard for the schedule of payments. The finance charge may be computed on the basis of a full month for any fractional-month period in excess of 10 days. Notwithstanding the other provisions of this subsection, a minimum finance charge not in excess of the following amounts may be charged on any retail installment contract: $12 on any retail installment con-

715


tract involving an initial amount financed of $50 or more; $7.50 on a retail installment contract involving an initial amount financed of more than $25 and less than $50; and $5 on a retail installment contract involving an initial amount financed of $25 or less.

(b) The holder of a retail installment contract, upon request by the buyer, may extend the scheduled'due date of all or any part of any installment. In the event the unpaid time balance of the contract is extended, the holder may, at his election,-charge and collect for each 30 days' extension an amount not to exceed one-twelfth of the maximum allowable rate per annum of the unpaid balance at the time of extension.

(6) No retail installment contract shall be signed by the buyer when it contains blank spaces to be filled in after it has been signed, except that, if delivery of the goods or services is not made at the time ofexej::ution ofthe contract, the identification ofthe goods or services and the due date of the first install~ ment may be left blank and later inserted by the seller in the seller's counterpart of the contract after it has been signed by the buyer. The buyer's written acknowledgment, conforming to the requirements of paragraph (1)(c) of delivery of a copy of a contract shall be presumptive proof, in any action or proceeding, of such delivery and that the contract, when signed, did not contain any blank spaces as herein provided. · (7) The seller under any retail installment con

tract shall, within 30 days after execution of the contract, deliver or mail or cause to be delivered or mailed to the buyer at his aforesaid address any policy or policies of insurance the seller has agreed to purchase in connection therewith, or in lieu thereof a certificate or certificates of such insurance. The amount, if any, included for insurance shall not exceed the applicable premiums chargeable in accordance with the rates filed with the Department of Insurance; if any such insurance is canceled, unearned insurance premium refunds and any unearned finance charges thereon received by the hold~ er shaH, at his option, be credited to the final maturing installments of the contract or paid to the buyer, except to the extent applied toward the payment for similar insurance protecting the interests of the seller and the holder or either of them. The finance charge on the original transaction shall be separately computed:

(a) With the premium for the canceled or adjusted insurance included in the "Amount Financed"; and

(b) With the premium for the canceled insurance or the amount of the premium adjustment excluded from the "Amount Financed."

The difference in the fmance charge resulting from these computations shall be the portion of the finance charge attributable to the canceled or adjusted insurance, and the unearned portion thereof shall be determined by the use of the rule of 78ths. "Cancellation of insurance" occurs at such time as the seller or holder receives from the insurance carrier the proper refund of unearned insurance premiums. Nothing in this act shall impair or abrogate the right of a buyer to procure insurance from an agent and

company of his own selection, as provided by the insurance laws of this state; and nothing contained in this act shall modify, alter, or repeal any of the insurance laws of this state. The term "holder," as used in this act, means the retail seller unless the seller has assigried the contract, in which case "holder" means the assignee of such contract at the time of the determination. .

(8) If the buyer so requests, the holder shall give or forward to the buyer a receipt for any payment when made in cash. At any time after the execution of a contract, but not later than 2 months after the last payment thereunder, the holder shall, upon written request of the buyer, give or forward to the buyer a written statement of the dates and amounts of payments and the total amount, if any, unpaid thereunder. Such a statement shall be supplied by the holder once without charge; if any additional statement is requested by the buyer, the holder shall supply such statement to the buyer at a charge not exceeding $1 for each additional statement so sup-plied. ·

(9) After payment of all sums for which the buyer is obligated under a contract, and upon written demand made by the buyer, the holder shall deliver or mail to the buyer, at his last-known address, one or moie good and sufficient instruments to acknowledge payment in full and shall release all security in the goods.

(10) Notwithstanding the provisions of any retail installment contract to the contrary, any buyer may prepay in full at any time before maturity the unpaid balance of any retail installment contract and in so paying such unpaid balance shall receive a refund credit thereon for such anticipation of payments. The amount of such refund shall represent at least as great a proportion of the finance ·charge, after first deducting therefrom an acquisition cost of $15, as the sum of the monthly balances beginning 1 month after prepayment is made bears to the sum of all the monthly balances under the schedule of payments in the contract. When the amount of such refund credit is less than $1, no refund need be made.

(11) The seller shall not request or accept a cer~ tificate of completion signed by the buyer prior to the actual delivery of the goods and completion of the work to be performed under the contract.

3(12) As amended by chapter 79-592, Laws of Florida, chapter 79-27 4, Laws of Florida, which amended subsection (5):

(a) Shall apply only to loans, advances of credit, or lines of credit made on or subsequent to July 1, 1979, and to loans, advances of credit, or lines of credit made prior to that date if the lender has the legal right to require full payment or to adjust or modify the interest rate, by renewal, assumption, reaffirmation, contract, or otherwise; and

(b) Shall not be construed as diminishing the force and effect of any laws applying to loans, advances ofcredit, or lines of credit, other than to those mentioned in paragraph (a), completed prior to July 1, 1979.

History.-s. 5, ch. 59-414; s. 2, ch. 61-398; s. 5, ch. 63-547; ss. 13, 35, ch. 69-106; ss. 8, 9, ch. 69-370; s. 3, ch. 76-168; s . 2, ch. 77-245; s. 1, ch. 77-457; ss. 6, 15, ch. 79-274; s. 219, ch. 79-400; s. 1, ch. 79-592; ss.' 9, 21, ch. 80-256.

716



'Note.-Section 22, ch. 80-256, provides that the provisions of s. 9, which amended ·this paragraph, "in so far as they require a change in the form of the notice to the buyer shlill take effect on December 31. 1980."

'Note.-Section 2, ch. 79-592, provides that the amendment by that chapter of s. 15, ch. 79-274, "shall operate retroactively to July 1, 1979."

520.35 Revolving accounts.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.351 Consolidated debts.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.36 Mail order and telephone sales.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.37 Delinquency charges, attorney's fees and court costs.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. -77-457, was nullified by s. 21, ch. 80-256.] ·

520.38 Transfer of contracts.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by_ s. 21, ch. 80-256.]

520.39 Violations.-[The repeal of this section by s. 3, ch. 76-168, as amended by s.l, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.40 Waiver.-[The repeal of this section by s. 3, ch. 76~168, as amended by s. 1, ch. 77-457, was nullified by s. 2i, ch. 80-256.]

'520.41 "Prior contracts not affected.-The proyisions of tliis !'1-Ct shall not make contracts or accounts iri effect prior to July 1, 1980, unlawful.

History.-s. 13, ch. 59-414; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 10, 21, ch. 80-256.

'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77457, was nullified by s. 2\, ch. 80-256.

'52().42 Construction.-Nothing in this act shall be construed to affect any transaction covered by chapter 516 and part I of this chapter or any transaction by any banking institution, state or federal savings and loan association, or credit union.

History.-s. 14, ch. 59-414; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. H, 21, ch. 80-256. 'Note,-The repeal of this section by s. :i, ch. 76-168, as amended by s. 1, ch.


520.50 520:51 520.52 520.53

520.54 520.55 520.56

PART III

INSTALLMENT SALES FINANCE

Short title. Definitions. Licenses .. Denial, suspension or revocation of li-

censes. Books, accounts, records, etc. Investigations and complaints. Powers of department.

520.57 Penalties. .

520.50 Short title.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.51 Definitions.-[The repeal of.this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.52 Licenses.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.53 Denial, suspension or revocation of licenses.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.54 Books, accounts, records, etc.-[The repeal of this section by s. 3, ch. 76-168, !iS amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.55 Investigations and complaints.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. l,ph. 77-457, was nullified by s. 21, ch. 80-256.]

1520.56 Powers of department.-(!) The department shall have power to issue

subpoenas to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence before it in any. matter over which it has jurisdiction, control, or supervision pertaining to lhis act. The department shall have the power to administer oaths and affirmations to any person whose testimony is required.

(2) If any person shall refu~e to obey any such subpoena, or to give testimony, or to produce evidence as required thereby, any judge of the circuit court may, upon application and proof of such refusa1, make an order awarding process of subpoena, or subpoenas duces tecum, out of the circuit court, for the witness to appear before the department and to give testimony, and to prodU<;e evidence ·as required thereby. Upon filing such order in the office of the clerk of the circuit court, the clerk shall issue process of subpoena, as directed, under the seal of the court, requiring the person to whom it is directed, to appear at the time and place therein designated.

(3) If any person served with any such subpoena shall refuse to obey the same, to give testimony, and to produce evidence as required thereby, the department may apply to any judge of the circuit court for an attachment against such person, as for a contempt. The judge, upon satisfactory proof of such refusal, shall issue an attachment, directed to any sheriff or police officer, for the arrest of such person, and upon his being brought before such judge, proceed to a hearing of the case. The judge shall have power to enforce obedience to such subpoena, and the answering of any question, and the production of any evidence, that may be proper, by a fine, not exceeding $100, or by imprisonment in the county jail, or by both fine and imprisonment and to compel such witness to pay the costs of such proceeding to be taxed.

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(4) The department may adopt such rules as it may deem necessary in the administration of this part, which are not inconsistent with the provisions of this part.

History.-s. 7, ch. 63-244; ss. 12, 35, ch. 69·106; s. 26, ch. 73·334; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 12, 21, ch. 80·256.

'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80·256.

520.57 Penalties.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

PART IV

HOME IMPROVEMENT SALES AND FINANCE

520.60 520.61 520.62 520.63 520.64 520.65 ' 520.66 520.67 520.68 520.69

520.70 520.71 520.72 520.73 520.74 520.75 520.76 520.78 520.79 520.80 520.81 520.82 520.83

520.84 520.85

520.86 520.87

520.88 520.89 520.90 520.91 520.92

520.93

520.94 520.95 520.96 520.97 520.98

520.99 520.991

Short title. Definitions. Administration. Licensees. Application for license. Licenses, fees. Issuance, refusal, renewal of licenses. Form, duration of license. Persons not required to be licensed. Scope of. license authority; scope of act's

provisions. Salesman to act as agent of contractor. Contract copy to owner. Cancellation of contract. Contract form. Provisions expressly prohibited. Buyer's waiver of statutory protection. Insurance provisions, procurement, rates. Finance charge limitation. Unauthorized ·charges. Mortgages, promissory notes. Completion certificate. Statement of account. Cancellation of contract on payment in

full. Credit to owner on prepayment. Delinquency and collection charges; court

costs and attorney's fees. Extension or deferment. Receipt for cash payment.; payment to as-

signor. Assignments of contracts or notes. Promotions, signs. Prohibited acts. Uttering a false completion certificate. Compensation of other than licensee pro-

hibited. Burden on home improvement contractor,

salesman, finance agency for acceptance of completed papers.

Revocation of license. Information requested by department. Investigations and complaints. Records of all transactions. Penalty for doing business without a li

cense. General penalty. Appropriation from general revenue fund

prohibited.

520.992 Specific exemption.

520.60 Short title.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.61 Definitions.-As used in this act: (1) "Department" means the Department of

Banking and Finance. (2) "Home improvement" means repair, replace

ment, remodeling, alteration, conversion, modernization, or improvement of, or addition to, any land or building which is to be used as. a single-family residence or dwelling place when such construction is done pursuant to a home improvement contract and a security interest in the real property is retained. Home improvement does not include:

(a) The construction of a new home building or work done by a contractor in compliance with a guarantee of completion of a Iiew building project; or

(b) The sale of goods or materials by a seller who neither arranges to perform nor performs directly or indirectly any work or labor in connection with the installation of or application of the goods or materials.

(3) "Home improvement contract" means a written agreement contained in one or more documents between a home improvement contractor and an owner for the performance of a home improvement and includes all labor, materials, and services to be furnished when all or part of the contract price is to be paid in installments to the home improvement contractor, home improvement salesman, or home improvement finance agency or their assignees over a period of time greater than 90 days.

(4) "Home improvement contractor" means any person other than a bona fide employee of the owner who participates in any manner in two or more home improvements, each of which was for consideration of $500 or more, in any calendar year and includes a salesman who is not an employee of any licensed home improvement contractor.

(5) "Home improvement salesman" ·means any person, including nonresidents, who sells goods or services pursuant to a home improvement contract in a representative capacity, except a ·partner, officer, or owner of a licensed home improvement con-tractor. ·

(6) · "Home improvement fmance agency" means any person who directly or indirectly purchases, acquires, solicits, or arn~nges for the acquisition of home improvement contracts or connected obligations by purchase, discount, pledge, or otherwise.

(7) "Debt consolidation" means any money advanced to an owner or his assignee in any connection with a home improvement contract.

(8) "Official fees" means the fees actually paid to the appropriate public officer for obtaining any permit; filing, recording, or releasing any judgment, mortgage, or other lien; or perfecting any security in connection with a home improvement contract.

(9) "Cash price" means the cash sales price for which the home improvemeh~ contractor would sell the goods and services which are the subject matter of a home improvement contract ifthe sale were for cash rather than an installment sale.

718


(10) "Down payment" means the amount paid in money and goods to the home improvement contractor and allowances given by the home improvement contractor to the buyer pursuant to a home improvement contract.

(11) "Finance charge," whether expressed as such or as "credit service charge," "service charge," "time price differential," or the like, means that amount by which the time sale price exceeds the total of the cash price and the amounts, if any, included for insurance premiums and official fees.

(12) "Person" means an individual, partnership, association, business, corporation, banking institution, nonprofit corporation, common-law trust, joint stock company, or any other group of individuals, however organized.

(13) "Principal amount -financed" means the cash price of the goods and services which are the subject matter of the home improvement contract, minus the amount of the buyer:s down payment, plus the amounts, if any, included for insurance and official fees.

(14) "Services" means labor furnished for home improvement. ·

(15) "Time sales price" means the sum of the principal amount financed and the finance charge.

(16) "Time balance" means the total of the cash price of the goods and services or services, the finance charge, the amounts, if any, included for insunince premiums and official fees, and the amount, if any, for debt consolidation.

(17) "Owner" means any homeowner, tenant, or any other person who orders, contracts for, or purchases the services of a home improvement contractor or the person entitled to the performance of the work of a home improvement contractor pursuant to a home improvement contract.

(18) "Goods" means all personal chattels which are furnished or used in home improvement

(19) "Home improvement sale" or "sale" means the sale of goods and furnishing of services or the furnishing of services by a home improvement contractor to an owner pursuant to a home improvement contract.

(20) "Banking institution" means any bank, bank and trust company, trust company, or industrial savings bank or any national banking association organized and doing business under the provisions of any state or of the United States.

History.-s. 1, ch. 69-44; ss. 12, 35, ch. 69-106; s. 1, ch. 70-149; s. 141, ch. 71-355; s. 201, ch. 71-377; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 13, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.


1520.62 Administration.-This part shall be administered by the Department of Banking and Finance, which shall appoint a staff and issue rules as necessary for the administration of this part.

History.-s. 1, ch. 69-44; ss. 12, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 14, 21, ch. 80-256.


nullified by s. 21, ch. 80-256.]

520.64 Application for license.--{The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.65 Licenses, fees.-(1) No license issued under this act shall be

transferred or assigned. (2) No licensee shall transact any business sub

ject to this chapter under any other name or maintain an office at any other location than that designated in the license. The licensee shall notify the department 10 days prior to a change in name or location, and the department shall endorse the change of location or name on the license without charge.

(3) Every licensee shall notify the department within 10 days after a change of control in ownership or change of management.

(4) At the time of making the application, and annually upon renewal, each home improvement finance agency and home improvement contract,or shall pay a license fee of$35 and each home improvement salesman shall pay a license fee of $15.

(5) An additional license fee of $15 shall be paid by each home improvement contractor or finance agency for each additional office it maintains.

(6) No abatement in the license fee shall be made if the license is issued for less than a year or if the license is surrendered or revoked prior to its expiration date.

(7) A license may be renewed upon application for license renewal and payment of the fee before expiration of the license, and authority to do business shall continue unless the license is revoked or not renewed. Each license or annual renewal thereof shall be conspicuously displayed at the licensee's place of business as designated in· the license.

(8) All fees collected under this act shall be deposited in the State Treasury in the Regulatory Trust Fund under the Division of Finance of the department.

History.-s. 1, ch. 69-44; ss. 12, 35, ch. 69-106; s. 138, ch. 71-355; s. 3, ch. 73-326; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 153, ch. 79-164; ss. 15, 21, ch. 80-256.

'Note.- The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.

520.66 Issuance, refusal, renewal of licenses. -{The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s: 21, ch. 80-256.]

520.67 Form, duration of license.--{The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.68 Persons not required to be licensed. -No contractor's or salesman's license shall be required under this act of any person when acting in any capacity or type of transaction set forth in this section:

(1) An individual who performs services for a home improvement contractor for wages or salary and who does not act in the capacity of salesman for the home improvement contractor.

520.63 Licensees.--{The ·repeal of this section (2) .A plumber, electrician, ar..:hitect, engineer, by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was residential designer, or landscape architect who is

719

s .. 520.68 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 520.175

required by state or local law to attain sta~dards of competency or experience as a prerequisite to engaging in such craft or profession and who is acting exclusively within the scope ofthe craft or profession for which he is currently licensed pursuant to .such other law. The installation of central heating and air-conditioning systems br such a person shall be deemed within the scope of such person's craft or profession.

(3) A contractor who does not engage, in any manner; in two or more home improvements, each of which wa8 for consideration of $500 or more, within a calendar year. This exemption does not apply if the work is divided and contracts for less than $500 are made for the purpose of evasion of this provision or otherwise. .

( 4) Any person engaged in the constructio~ or erection of any building upon land owned by that person or in which such person has .a substantial legal or equitable interest, which building the owner does not intend to occupy but intends to sell up.on completion thereof or shortly thereafter. ·

(5) Any person licensed under chapter 527. (6) Retail establishment§, including employees

thereof, which are licensed under part II of this chapter and which engage in home improvements as an incidental part of their business. However, such retail establishments and their employees shall be governed by all other provisions contained in this act. ,

History.-s. 1, ch. 69-44; s. 2, ch. 70.149; s. 3, ch. 76-168; s. 1, ch. 77457; 88. 16, 21, ch. 80.256.

' Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77457, was nullified by s. 21, c\1. 80.256.

520.69 ,Scope of license auth.ority; scope of act's provisions.-[The repeal of this section by s. 3, ch. 76-168, as amended by !'J. 1, ch. 77-457, was nullified by s. 21 ,- ch. 80-256.]

520.70 Salesman to act as agent of contractor.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.] ·

520.71 Contract copy to owner.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified bys. 21, ch. 80-256.]

520.72 Cancellation of contract.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.73 Contract form.-(1) Every home improvement contract shall be

evidenced by a written agreement and shall be signed by the parties.

(2) The home improvement contract shall be in the form approved by the department and shall con-tain: .

(a) The name, address, and license number of the home improvement contractor;

(b) ·The names and license numbers of the salesmen who solicited or negotiated the home improvement contract;

(c) The approximate dates when the work will begin and be completed;

(d) A description of the work to be done and the materials to be used; ·

(e)· The agreed consideration for the home improvement;

(0 The amount, if any, for credit life insurance or for health or accident insurance;

(g) The amount, if any, for hazard insurance; (h) The amount of the finance charge, excluding

interest on debt ·consolidation, with a description of each amount included; .

(i) The official fees, survey, or permit charges actually incurred;

(j) The amount of down payment, if any; · (k) The amount of any money provided for debt

consolidation; (1) The interest charge for the amount advanced

for debt consolidation; . (m) The total amount due under the home im

provement contract, which shall be stated as a· sum in dollars, less any down payment;

(n) The number of monthly payments and the amount of each payment, stated as a sum in dollars which shall incluae alL insurance charges, finance charges, and official fees; and .

(o) The aescription of any collateral security taken or to be taken for the owner's obligation under the horrie improvement contract. · . .

(3) The home · improvement contract shall · be completed in full without any blank spaces to be filled in after the home improvement contract is signed by the owner. ·.

(4) · 'The home improvement contract shall contain the following notice, in substantially this form, in 10-point boldfaced type directly apove the space provided for the signature of the owner:

Notice To Owner a. Do not sign 'this home improvement contract

in blank. b. You are entitled to a copy of the contract at

the time you ·sign. Keep it to protect your legal rights. · ·

(5) The home improvement contract shall state whether workers' compensation and public liability insurance are. carried by the home improvement contractor and if they are applicable to the w6rk to be performed under the contract or if the home imp~:ovement contractor is qualified as. a self-ins.urer.

History.-s. 1, ch. 69·44; 88. 12, 35, ch. 69-106; s. 1, ch. 70·149; s. 1, ch. 7().439; s. 142, ch. 71·355; s. 3, ch. 76-168; s. 1, ch. 77457; s. 77, ch. 7~40; 88. 17, 21, ch. 80.256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77457, was nullified by s. 21, ch. 8().256.

520.74 Provisions expressly prohibited.[The repeal of this section by s. 3; ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.75 Buyer's waiver of statutory protection.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21,

720


ch. 80-256.]

1520.76 Insurance provisions, procurement, rates.-

(1) The premium paid for any group credit life or other insurance shall be included in the home improvement contract.

(2) The home improvement contract shall state which party is to procure insurance.

(3) The amount, if any, included for such insurance shall not be in excess of rates established in the then-current published applicable manual of a recognized standard insurance rating bureau or the rates fixed by the state. If any such group credit life . or other insurance is canceled, the refund for unearned insurance premiums received or receivable by the holder of the home improvement contract or the excess of the amount included in the contract for insurance over the premiums paid or payable by the holder of the contract together with, in either case, the unearned portion of the finance charge or. other interest applicable thereto shall be credited to the final maturing installments of the home improvement contract. However, no such credit need be made if the amount would be less than $1.

(4) If the insurance is to be procured by the home improvement contractor or holder, he shall, within 30 days after delivery of the goods and furnishing of the services under the home improvement contract, deliver or mail to the owner at his address as specified in the contract a copy of the policy or policies of insurance or a certificate or certificates of the insurance procured.

History.-s. 1, ch . 69-44; ·s. 3, ch. 76-168; s. 1, ch. 77-457; J!8. 18, 21, ch. 80-256. 'Note.- The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.

77-457, was nullified by s. 21, ch. 80-256:

1520.78 Finance charge limitation.-(!) The maximum finance charge included in a

home improvement contract payable in substantially equal successive monthly installments beginning 1 month from the date the finance charge accrues shall not exceed $10 per $100 per annum. Such finance charge shall be computed on the principal amount financed on the contract, notwithstanding that the time balance is required to be paid in installments. The finance charge shall not accrue over a longer period than one which commences on the date of substantial completion of the contract and ends on the date when the· final· installment is payable. For a period less or greater than 12 months or for amounts less or greater than $100, the amount of the maximum finance charge shall be increased or de-· creased proportionately. A fractional monthly period of 15 days or more may be considered a full month. If the finance charge computed as above provided is less than $25, a minimum finance charge of $25 may be made.

(2) When a contract is payable other than in substantially equal successive monthly installments, as when payable in irregular or unequal installments either in amount or periods or in regular installments followed by or interspersed with an irregular, unequal, or larger installment or installments or if the finance charge accrues from a date more than 1 month before the first installment is payable, the finance charge may not exceed an amount which,

having due regard for the schedule of installment payments, will provide the same yield as if the home improvement contract were payable in accordance with the standard payment terms stated in subsection (1).

(3) If amounts for debt consolidation are included in the home improvement contract, the finance charge shall be computed 'as in subsections (1) and (2), but the charge computed on the principal amount advanced for debt consolidation shall not exceed 10 percent simple interest or the rate for simple interest set in the general usury statute, chapter 687.

(4) The buyer may be charged for, and there may be collected from him, reasonable fees and costs .actually to be paid for construction authorizations and similar permits issued by public agencies and for title search, title insurance, and services of an attorney relating to any real property mortgage, lien, or other encumbrance taken, granted, or reserved pursuant to the contract.

History.-s. 1, ch. 69-44; ss. 1, 2, ch. 7().,149; s. 3, ch. 76-168~ s. 1, ch. 77-457; ss. 19, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.


152,0.79 Unauthorized charges.-All costs and charges.in connection with home improvement' contracts which are not authorized by this act shall be unenforceable. Any payment of such costs or charges shall be.applied to the next maturing installment or, if the contract has been fully paid, remitted to the owner, and the owner shall be-entitled to re~ov~r all such costs or charges.

History.-s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 80-256. ' Note.- The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.


520.80 Mortgages, promissory notes.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.81 Completion certificate.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.82 Statement of account.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.83 Cancellation of contract on payment in full.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

. 520.84 Credit to owner on prepayment.~The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.85 Delinquency and collection charges; court costs and attorney's fees.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

1520.86 Extension or deferment.-. (1) The holder of a home improvement contract,

upon agreement in writing with the owner, may extend the scheduled due date, or defer the scheduled

721


payment, of all or of any part of any installment. All terms of the agreement shall be in writing.

(2) The hOlder may charge and contract for the payment of an extension or deferral charge by the owner and collect and receive the same, but such charge may not exceed an amount equal to 1.5 percent per month simple interest on the amount of the installment or installments or part thereof extended or deferred during the period of extension or deferral. A minimum charge of$1 for the period of extension or deferral may be made in any case where the extension or deferral charge, when computed, amounts to less than $1.

(3) · Such agreement may also provide for the payment by the owner of the additional cost to the holder of the contract of premiums for continuing in force until the end of such period of extension or deferral any insurance coverages provided for in the contract.

History.-s. 1, ch. 69-44; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 20, 21, ch. 80-256. 'Note.-The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch.


520.87 Receipt for cash payment; payment to assignor.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, wa:s nullified by s. 21, ch. 80-256.]

520.88 Assignments of contracts or notes.[The repeal df this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.89 Promotions, signs.-[Repealed by s. 21, ch. 80-256.]

520.90 Prohibited acts.~The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.91 Uttering a false completion certificate.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.92 Compensation of other than licensee prohibited.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.93 Burden on home improvement contractor, salesman, finance agency for acceptance of completed papers.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. l, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.94 Revocation of license.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

ch. 80-256.]

520.96 Investigations and complaints.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.97 · Records of all transactions.-[The re~. peal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.98 Penalty for doing business without a license.-[The repeal of this section by s. 3, ch. 76-168, as ame11ded by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.99 General penalty.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.991 Appropriation from general revenue fund prohibited.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

520.992 Specific exemption.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, ch. 80-256.]

CHAPTER 525

GASOLINE AND OIL INSPECTION

525.06 Gasoline, etc., below standard, subject to confiscation.

525.06 Gasoline, etc., below standard, subject to confiscation.-All oils enumerated and designated in this chapter that are used or .intended to be used for power, illuminating, cooking, or heating purposes, when sold under a distinctive name tha~ shall fall below the standard fixed by the Department of Agriculture and Consumer Services, -are declared to be illegal and shall be sp.bject to confiscation and sale by order of the department. Instead of confiscation, a refundable bond in cash or by certified check in the amount of the value of the product subject to confiscation may be accepted by the department, pending legal disposition. The amount of this bond shall be limited to $1,000. If any of the product has been sold to retail customers, the department is authorized to make an assessment equal to the retail value of the product sold, not to exceed $1,000.

History.-s. 6, ch. 7905, 1919; CGL 3962; ss. 14, 35, ch. 69-106; s. 1, ch. 80-278.

CHAPTER 526

520.95 Information requested by depart- SALE OF LIQUID FUELS; BRAKE FLUID ment.-[The repeal of this section by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, was nullified by s. 21, PART I

722


SALE OF LIQUID FUELS .

526.06 Mixing, blending, compounding, or adulteration ofliquid fuels of same manufacturer prohibited; sale of gasohol.

526.141 Self-service gasoline stations; attendants; regulations.

526.06 Mixing, blending, compounding, or adulteration of liquid fuels of same manufacturer prohibited; sale of gasohol.-It is unlawful for any person to mix, blend, compound, or adulterate the liquid fuel, lubricating oil, grease, or similar product of a manufacturer or distributor with a liquid fuel, lubricating oil, grease, or similar product of the same manufacturer or distributor of a character or nature different from the character or nature of the liquid fuel, lubricating oil, grease, or similar product so mixed, blended, compounded, or adulterated,. and expose for sale, offer for sale, or sell the same as the unadulterated product of such manufacturer or distributor or as the unadulterated product of any other manufacturer or distributor. However, nothing in this chapter shall be construed to prevent the lawful owner of such products from applying his or its own trademark, trade name, or symbol to any product or material. Alcohol-blended fuels which contain 90 percent unleaded gasoline and 10 percent ethyl alcohol of a minimum of 198 proof and a maximum 50 parts per million of acetic acid, commonly known as "gasohol," may be sold at retail service stations for use in motor vehicles, as long as the gasoline component complies with current state specifications, until the American Society for Testing and Materials approves specifications for gasohol.

History.-s. 6, ch. 16083, 1933; CGL 1936 Supp. 7315(7); s. 13, ch. 80-77.

526.141 Self-service gasoline stations; attendants; regulations.-

(!) This section authorizes the establishment of self-service gasoline stations. ·

(2) A "self-service gasoline station" shall be that portion of property where flammable and combustible liquids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensing equipment into the fuel tanks of motor vehicles by persons other than the service station attendant.

(3) All self-service gasoline stations shall have at least one attendant on duty while the station is open to the public. The attendant's primary' function shall be the proper administration, supervision, observation, and control of the dispensing of flammable and combustible liquids used as motor fuels while such liquids are actually being dispensed. It shall be the responsibility of the attendant to prevent the dispensing of flammable and combustible liquids used as motor fuels in to portable containers unless · such container bears a seal of approval of a nationally recognized testing agency; to control sources of ignition; and immediately to handle accidental spills and fire extinguishers if needed. The attendant on duty shall be mentally and physically capable of performing the functions and assuming the responsibility prescribed in the subsection.

(4)(a) The "attendant-control area" is that area reserved for the placing of the attendant, which

shall be not more than 100 feet from the dispensing area and shall contain the fire-extinguishment equipment and emergency controls.

(b) The "dispensing area" is that area where the pumps used to dispense flammable and combustible liquids used as motor fuels are located. The dispensing area shall at all times be in clear view of the attendant, and the placing or a1lowing of any obstruction to vision between the dispensing area and the attendant control area shall be prohibited. The attendant shall at all times be able to communicate with persons in the dispensing area. Emergency controls shall be installed at a location acceptable to the authority having jurisdiction, but controls shall not be more than 100 feet from dispensers. Operating instructions and warning signs shall be conspicuously posted in the dispensing area.

(5) Every full-service gasoline station offering self-service at a lesser cost shall require an attendant employed by the station to dispense gasoline from the self-service portion of the station to any motor vehicle properly displaying an "exemption entitlement parking permit" as described in s. 320.0848 when the person to whom such permit has been issued is. the operator of the vehicle and such . service is requested. .

(6) All self-service equipment used to dispense gasoline shall be approved by a nationally recognized testing agency. The dispensing nozzle shall be an automatic-closing type without a hold:open latch.

(7) The Insurance Commissioner, under his powers, duties, and functions as State Fire Marshal, shall promulgate rules and regulations for the administration and enforcement of this section ~ An in~ spection of the self-service gasoline station and operations shall be made and approved under his authority and rules and regulations thereby promulgated.

History.-ss. 1-6, ch. 74-162; s. 1, ch. 80-205.

CHAPTER 527

SALE OF LIQUEFIED PETROLEUM GAS

527.01 527.02 527.06 527.0605

527.061

527.062

Definitions. License; fees. Rules and regulations. Liquefied petroleum gas bulk plant loca

tions; jurisdiction. Inspection of buildings, systems, equip

ment, or premises. Investigation and safety promotion; au

thority of department.

1527.01 Definitions.-The following words and phrases when used in this chapter have the meanings respectively ascribed to them in this section:

(1) LIQUEFIED PETROLEUM GAS.-The term ''liquefied petroleum gas" shall mean and include any material which is composed predominantly of any of the following hydrocarbons, or mixtures of the same: propane, propylene, butanes (normal butane or isobutane), and butylenes'

(2) PERSON.-Every individual, firm, partner-

723

s. 527.01 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s.,527.02

ship, corporation, company, association, organization, or cooperative.

(3) DEALER IN LIQUEFIED· PETROLEUM GAS.-Any person selling or offering to sell any liquefied petroleum.gas to the ultimate consumer for industrial, commercial, or domestic use.

(4) DEALER IN APPLIANCES FOR USE OF LIQUEFIED PETROLEUM GAS.-Any person selling or offering to sell, leasing or offering to lease, the apparatus, appliances and equipment necessary for the storage or converting of liquefied petroleum gas into flame for light, heat, and power.

(5) ULTIMATE CONSUMER-The person last purchasing liquefied petroleum gas in its liquid or vapor state for industrial, commercial, or domestic use.

(6) INSTALLATION.-The act of installing apparatus, piping and tubing, appliances and equipment necessary for storing and converting liquefied petroleum gas into flame for light, heat, and power for use by the ultimate consumer.

(7) . APPLIANCES AND APPARATUS FOR USE OF ULTIMATE CONSUME~.-The apparatus, appliances, and equipment described in and contem-plated by subsection (6). .

(8) MANUFACTURER OF APPLIANCES AND EQUIPMENT FOR THE USE OF LIQUEFIED PETROLEUM GAS.-Any person manufacturing and offering for sale or selling in this state tanks, 'cylin~ ders or other containers and necessary appurtenances thereof for use by dealers in liquefied petroleum gas in their storage, transportation or delivery of such gas to ultimate consumers thereof; and apparatus, appliances and equipment for use by the ultimate consumer for storing and converting liquefied petroleum gas into flame for light, h~at, or_pow-er.· · · ' ' · · ·

(9) DEPARTMENT.-The Department of Insurance of this state.

(10) QUALIFIER-Any person who has passed a competency examination administered by the department and is employed by a licensed business engaged in one or more of the following activities:

(a) Dealer in appliances and equipment for use of liquefied petroleum gas; ,

(b) Installation only; or (c) Dealer in liquefied petrolf;)um gas, in appli

ances, and in equipment for use. of. such gas and installation.

History.-s. 1, ch. 24302, 1947; s. 11, ch. 25035, 1949; s, 1, ch. 57-174; s. 1, ch. 61-158; ss. 13, 35, ch. 69-106; s. 202, ch. 71-377; s. 3, ch. 76'168; s. 1, ch. 77-457; ss. 1, 6, ch. 80-390. ·

'Note.-Repealed by s. 3, ch. 76'168, as amended by s. 1, ch. 77-457, effective July 1, '1982, except for the possible effect of Jaws affecting this section prior to that date. Section 6, ch. 8().390, provides that, if ch. 527 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 8().390 shall also be repealed on the same date as is therein provided. ·

Note.-Former s. 526.12.

engage in one or more of these businesses, which license shall be granted to any applicant who files with the department a good and sufficient bond ·or certificate of insurance, as herfi)inafter specified, and pays for such li¢ense annually the following fees, which fees as collected shaH be deposited into the fund created by subsection (2); and such funds are hereby appropriated for the use of the department in administering the provisions of this law: '

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

Dealer in appliances and equipment for use of liquefied petroleum gas only ...................... 15

Dealer in liquefied petroleum gas only . . . . .. . . . . 225 Installation only .................................................. 100 Dealer in liquefied petroleum gas, in ·ap-

pliances and equipment for use of such gas and installation .. . .. .. . ... . ... . . . . . ..... ... . .. . .. . . .. . . .. . . .. . . ... .. . 225

(2)(a) In addition to the .requirements of subsection (1), any person applying for a license 2 to engage in the business of dealer in appliances and equipment for use of liquefied petroleum gas only; installation only; or dealer in liquefied petroleum ·gas, in appliances,. and· in equipment for use of such gas and installation must ·prove competency by taking ·a written or oral examination and passing it with a grade of75 percent or above. The examination shall be based on information contained in the National Fire Protection Association Standards as adopted by rules of the department. ·Application for examination for competency may be made by an individual or by an owner, a partner, or any person in a supervisory capacity of the license applicant. A vacancy in the qualifier position in· a business organization which results from the departure of the qualifier shall be reported to the department. It shall be the responsibility of the licensee to rep,ort the vacancy in the qualifier position within 30 days of such vacancy. The business organization shall have 60 days from the date of notice in which to fulfill the requirement for competency examination of the qualifier. Failure to provide for this requirement shall result in license revocation. Any individual's competency qualifications on file with the department may be transferred to any existing licenseholder, by written request ·to the department from the person so qualified. By request in writing to this department, any individual who has on file the competency examination' requirement may use this evidence on file · for a new license application. · . ·

(b) Any person holding a license 2 to eng&ge in the business of dealer in liquefied petroleum gas only; installation only; or dealer in liquefied petroleum gas, in appliances, and in equipment for use of such gas and inst11llation, which license has been issued

•527.02 License; fees.- by the department and which is valid when this law (1) It shall be unlawful for any person to engage takes effect, shall be deemed to be licensed 2to-en

in this state in the business of dealer in liquefied gage in the business of dealer in liquefied petroleum petroleum gas, in the business of manufacturer of gas only; installation only; or dealer in liquefied peappliances and equipment for the use of liquefied troleum gas, in appliances, and in equipment for use petroleum gas, in the business of dealer . in appli- of such gas and installation under the provisions of ances for use with liquefied petroleum gas; or in the this chapter. . . business of installation as defined in~· 527.01, with- (3) All revenues collected herein shall be depositout first obtaining from the department a license to ed in the Insurance Commissioner's Regulatory

724


Trust Fund for the purpose of administering the provisions of this chapter.

History.-s. 2, ch. 24302, 1947; s. 2, ch. 57-174; s. 2, ch. 61-119; s. 1, ch, 61-158; ss. 13, 35, ch. 69-106; s. 1, ch. 70-35; s. 1, ch. 70-439; s. 1, ch. 74-296; s. 1, ch. 76-120; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 6, ch. 80-390.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982, except for the possible effect of laws affecting this section prior to that date. Section 6, ch. 80-390, J'rovides that, if ch. 527 is repealed in accordance with the intent expresse in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-390 shall·also be repealed on the same date as is therein provided. · •Note.-The words "to engage in the business or• were substituted for "as

a" by' the editors to provide consistency with subsection (1). Note.-Former s. 526.13.

1527.06 Rules and regulations.-(!) The department shall make, promulgate, and

enforce rules and regulations setting forth minimum general standards covering the design, construction, location, installation, and operation of equipment for storing, handling, transporting by tank truck, tank trailer, or pipeline, and· utilizing liquefied petroleum gases and specifying the odorization of said gases and the qegree thereof. Said rules and regulations 'shall be such as are reasonably ne9essary for the prot¢ction ·of the health, welfare, and safety of the public and persons using such materials and shall be in substantial conformity with the generally accepted standards of safety concerning the same subject matter.

(2) It is hereby declared that r'ijles and regulations in' su!;:!stantial conformity with the published standards of the National Fire Protection Association 'for the de&ign, installation, and construction of containers and pertinent equipment for the storage and handling of liquefied petroleum gases as recommended by the National Fire Protection Association shall be deemed to be in substantial conformity with the generally accepted standards of safety concerning the same subject matter.

(3) The department shall adopt within its rules and regulations Parts 191 and 192 ofTitle 49 of the Code of Federal Regulations and such amendments thereto as shall be effective and published in the

. Federal Register from time to time. Violation of any provision of the rules and regulations adopted pursuant to this subsection may be enjoined under the provisions ofs. 5~7.09. Any person who 'violates any provision of the rules and regulations adopted pursuant to this subsection 1)hall be subject to a civil penalty not to exceed $1,000 for ·each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed $200,000, in aggregate, for ariy related· series of violations. Any such civil penalty may be compromised by the department. In determining the amount of such penalty or the amount agreed upon in compromise, the appropriateness · of such penalty to the size of the business of the person charged, the gravity of the violation, and the gooq faith of the person charged in attempting to achieve compliance after notification of a violation shall be considered. Each penalty shall be a lien upon the real and personal property of said person and enforceable by the department as statutory liens under chapter 85, the proceeds of which shall be deposited 'in the Insurance Commissioner's Reg~latory Trust Fund, as provided ins. 527.02.

(4) The department shall adopt within its rules prpvisions for the safe storage and transportation of liquefied petroleum gas, inclu~ing liquefied petro-

leum gas equipment used for transportation by common and private carrier and terminal storage facilities, provided the rules are not inconsistent with current law. Such rules shall be necessary for the protection of the health, safety, and welfare of the public and shall be in substantial conformity with generally accepted standards of safety.

(5) The provisions of chapter 75-83, Laws of Florida, shall be liberally construed in order to effectively carry out the purposes of said act in the interest of public safety.

Hlstory.-s. 5, ch. 24302, 1947; s. 1, ch. 61-158; ss. 10, 13, 35, ch. 69-l96; s. 1, ch. 73-286; ss. 1, 2, ch. 75-83; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 21, ch. 78-95; ss. 3, 6, ch. 80-390.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1982, except for the possible effect of laws affecting this section prior to that date. Section 6, ch. 80-390, provides that, if ch. 527 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 80-390 shall also be repealed on the same date as is therein provided.

Note.-Former s. 526.16. . . cf.-s. 316.302 Transportation of hazardous materials, explosives, flammable

liquids, radioactive materials, etc.

527.0605 Liqu~fied petroleum gas bulk plan~ locations; jurisdiction.-

(!) The provisions of this chapter shall apply to liquefied petroleum gas bulk pl~nt locations in th~ absence of local zoning laws when:

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

(b) The aggregate container capacity of the plant is 4,000 gallo.ns or more; or ,

(c) A container or containers are installed for the purpose of serving the public the liquid prod~ct.

(2) If this chapter is repealed in accordan-ce with the intent expressed in the Regulatory Reform Act ofl976, as amended by chapter 77-457, Laws of Florida, or as subsequently amended, it is the intent of the Legislature that this section shall also be repealed on the same date as is therein provided.

History.-ss. 3, 6, ch. 80-390.

527.061 Inspection of buildings, systems, equipment, or premises.-

(1) When it deems necessary, the department may· inspect, at any reasonable hour, · any facility, building, system, equipment, or premises where liquefied petroleum gas or equipment therefor is offered for sale, stored, being repaired or installed, to determine if there is any violation oftliis chapter or of any rules of the· department. .

(2) If this chapter is repealed in accordance with the intent expressed. in the Regulatory Reform Act of 1976, as amended by chapter 77-457, Laws of Florida, or as subsequently amended, it is the intent of the Legislature that this section shall also. be repealed on· the same date as is therein provided.

History.-ss. 4, 6, ch. S0-390.

527.062 Invest~gation and safety promotion; authority of department.- · ·

(1) " The departm~nt may investigate the cause and circumstances of any accident involving loss of life, personal injury, or property damage when there is reasonable cause to believe liquefied petroleum gas or equipment therefor was involved. The department shall have the authority to take samples or evidence on or about the site of an-accident in conjunction with an investigation. Reports of all such

725


investigations shall be made by the department. Any of the department's papers, documents, reports, or evidence relative to the subject of an investigation shall 1not be subject to public inspection until 20 days after receipt by the department. The department may obtain a court order authorizing the department to withhold such papers, documents, reports, or evidence from public inspection beyond the 20-day period. The grounds for any such order shall be that: ,

(a) Public inspection during the period set forth in the order would subject the person under investigation to unwarranted injury; or

(b) Public inspection during the period set forth in the order would not be in the public interest.

Any such order shall specify the period during which such papers, documents, reports, or evidence may be withheld from public inspection.

(2) The department shall have the authority to assist the state, county, municipal, and other local governments of this state and their agencies in promoting safety.

(3) The department shall have the authority to publish and disseminate information consistent with this chapter and the rules promulgated thereunder which it considers to be in the public interest for liquefied petroleum gas safety.

(4) If this chapter is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by chapter 77-457, Laws of Florida, or as subsequently amended, it is the intent of the Legislature that this section shall also be repealed on the same date as is therein provided.

Hlstory.-ss. 5. 6, ch. 80-390. 'Note.-The word "not" was inserted by the editors to conform with the

apparent intent of subsection (1).

CHAPTER 534

LIVESTOCK; MARKS AND BRANDS; STAMPING BEEF

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

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

(!) 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 author-ized to stop any driver of a vehicle transporting live-stock, 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 1of livestock,

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, upon certification under s. 943.14, 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 criminal laws relating to livestock, farm equipment, livery tack, farm or citrus products, trespass, or other crimes committed incidental or related thereto. 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, upon certification under s. 943.14, have power and authority to make arrests, with or without warrants, for the violations of the criminal provisions of this chapter and other criminal laws relating to livestock, farm equipment, livery tack, farm or citrus products, trespass, or other crimes committed incidental or-related thereto 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 effects an arrest, the sheriff of the county in which such arrest is made shall be entitled to the lawful fees as if such arrest had been effected by him or his deputies.

(c) In the enforcement of the provisions of this chapter and other criminal laws relating to livestock, farm equipment, livery tack, farm or citrus products, trespass, or other crimes committed incidental or related thereto, 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, witbdraw the appointment &s special officers from said investigators of the department. All such special officers shall, upon certification under s. 943.14, 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.

Hlstory.-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; s. 1, ch. 80-185. 'Note.-The words "of livesto<:k" and "used" were inserted by the editors.

CHAPTER 542

COMBINATIONS RESTRICTING TRADE OR COMMERCE

,. 1used grease, used restaurant grease, or other such 542.01 products. 542.02

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

tions for violations. (2) All law enforcement officers of the state or any political subdivision thereof, including investi- 542.03 gators of the department, shall have the authority to

726

Dissolution proceedings instituted by Department 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; ex-ceptions.

542.13 Discriminatory trade practices. 542.15 Short title. 542.16 Purpose. 542.17 Definitions. 542.18 Restraint of trade or commerce. 542.19 Monopolization; attempts, combinations, or ·

conspiracies tc. monopolize. 542.20 Exemptions. 542.21 Penalties. for violation. 542.22 Suits for damages. 542.23 Equitable remedies. 542.24 Consent decrees and settlement agree

ments. 542.25 Judgment in favor of state as prima facie

evidence. 542.26 Limitation of actions. 542.27 Enforcement authority. 542.28 Civil investigative demand. 542.29 Duty of public officers. 542.30 Jurisdiction and venue. 542.31 Action not barred as affecting or involving

interstate or· foreign commerce. 542.32 Rule of construction and coverage. 542.33 Contracts in restraint of trade invalid; ex-

ceptions. 542.34 Discriminatory trade practices. 542.35 Remedies cumulative. 542.36 Continuing violations.

542.01 Definitions; "trust," "commodity." -[Repealed by s. 3, ch. 80-28.]

542.02 Forfeiture of charter of domestic corporations for vlolations.-[Repealed by s. 3, ch. 80-28.]

542.03 Dissolution proceedings instituted by Department of Legal Affairs, etc.-[Repealed by s. 3, ch. 80-28.]

542.04 Foreign corporation violating chap. ter denied right to do business in state.-[Re

pealed by s. 3, ch. 80-28.]

542.05 Combinations prohibited; penalty.[Repealed by s. 3, ch. 80-28.]

542.06 Sufficiency of indictment.-[Repealed by s. 3, ch. 80-28.]

542.07 Rule of evidence.-[Repealed by s. 3, ch.

80-28.]

542.08 Criminal liability of nonresident.[Repealed by s. 3, ch. 80-28.]

542.09 Daily penalty for continued viola· tions.-[Repealed by s. 3, ch. 80-28.]

542.10 Contract in violation of chapter void. -[Repealed by s. 3, ch. 80-28.]

542.11 Officers authorized to subpoena witnesses to testify as to violations; testimony of witnesses.-[Repealed by s. 3, ch. 80-28.]

542.12 Contracts in restraint of trade invalid; exceptions.-[Transferred to s. 542.33 by s. 2, ch. 80-28.]

542.13 Discriminatory trade practices.[Transferred to s. 542.34 by s. 2, ch. 80-28.]

542.15 Short title.-This act shall be known and may be cited as the "Florida Antitrust Act of 1980."

History.-s. 1, ch. 80.28.

542.16 Purpose.-The Legislature declares it to be the purpose of this act to complement the body of federal law prohibiting restraints of tnide ·or commerce in order to foster effective competition. It is the intent of the Legislature that this act be liberally construed to ~;~.ccomplish its beneficial purpose.

HiStory.-s. 1, ch. 80·28.

542.17 Definitions . .....:.Unless a different meaning is clearly indicated by the context, for the purposes of this chapter, the terms defined in this section have the following meanings ascribed to them:

(1) "Commodity" means any goods, merchandise, wares, produce, chose in action, land, article of com7 merce, or other tangible or intangible property, real, personal, or mixed, for use, consumption, production, enjoyment, or resale.

(2) "Service" means any kind of activity performed in whole or in part for economic benefit. · (3) "Person" means any individual, corporation,

firm, partnership, limited partnership, incorporated or unincorporated association, professional association, or other legal, commercial, or governmental entity, including the State of Florida, its departments, agencies, political subdivisions, and units of government.

(4) "Trade or commerce" means any economic activity of any type whatsoever involving any commodity or service whatsoever.

(5) "Document" means any stored or retained data or information in whatever form.

(6) "Attorney General" includes not only the Attorney General of Florida but also any designee of the Attorney General or any assistant attorney general or special assistant attorney general.

(7) "State attorney" includes not only the state attorneys of Florida but also any designee of a state

727


attorney or any assistant state attorney or special assistant state attorney.

History.-s. 1, ch. 80.28.

542.18 Restraint of trade or commerce.-Every contract, combination, or conspiracy in restraint of trade or commerce in this state is unlawful.

Hlstory.-s. 1, ch. 80-28.

542.19 Monopolization; attempts; · combinations, or conspiracies to monopolize.-It is unlawful for any person to monopolize, attempt to monopolize, or combine or conspire with any other person or persons to monopolize any part of trade or commerce in this state.

Hlstory.-s. 1, ch. 8().28.

542.20 Exemptions.-Any activity or conduct exempt under Florida statutory or common law or exempt from the provisions of the antitrust laws of the United States is exempt from the provisions of this chapter.

History.-s. 1, ch. 80-28.

542.21 Penalties for violation.-(1) Any natural person who violates any of the

provisions ofs. 542.18 or s. 542.19 shall be subject to a civil penalty of not more than $100,000. Any other person who violates any of the provisions ofs. 542.18 or s. 542.19 shall be subject to a civil penalty of not more than $1,000,000. .

(2) Any pers.on who knowingly violates any of the provisions ofs. 542.18 or s._542.19, or who knowingly aids in or advises such violation, is guilty of a felony, punishable by a fine not exceeding $1,000,000 ~f a corporation, or, if any other person, $100,000 or u~prisonment not exceeding 3 years, or by both sa1d punishments.

(3) The commencement of trial seeking civil penalties in any action under this section shall bar any subsequent criminal prosecution against the same person for violation of s. 542.18 or s. 542.19, based upon the same acts. The commencement of trial in a criminal prosecution for violation ofs. 542.18 or s. 542.19 shall bar any subsequent action .against the same person for recovery of civil penalties under this section based upon the same acts, but shall not bar a subsequent suit for damages or injunctive relief under ss. 542.22 and 542.23. .

(4) No action under s. 542.21 or s. 542.23 shall be commenced by the Attorney General against any person who, at the time, is a defendant in a suit filed by the United States for violation or alleged violation of the federal antitrust laws involving substantially the same subject matter and seeking substantially the same relief.

Hlstory.-s. 1, ch. 8().28.

542.22 Sqits for damages.-(1) Any person who shall be injured in his busi

ness or property by reason of any violation of s. 542.18 or s. 542.19 may sue therefor in the circuit courts of this state and shall recover threefold the

ages or equitable relief in which the court finds there was a complete absence of a justiciable issue of either law or fact raised-by the plaintiff.

(2) The Attorney General, or a state attorney after receiving written permission from the Attorney General, may bring a civil action in the name of the state, as parens patriae on behalfofnatural persons residing in this state, to recover on behalf of those persons threefold the actual damages sustained by reason of any violation of s. 542.18 or s. 542.19, and the cost of such suit, including a reasonable attorney's fee. The court shall exclude from the amount of monetary relief awarded in such action any amount of monetary relief which:

(a) Duplicates amounts which have been awarded for the same injury;

(b) Is properly allocable to natural persons who have excluded their claims pursuant to paragraph (3)(b); or

(c) Is properly allocable to any business entity. (3) In any action under subs~ction (2): (a) The Attorney General or state attorney shall,

at such time, in such manner, and with .such content as the court may direct, cause notice to be given to the proposed class by pu~li~ation. Jf the court finds that notice given solely by publication would deny due process oflaw to any person or persons, the court shall direct further notice to such person or persons according to the circumstances of the case. ·

(b) Any person on whose behalf an action is brought under subsection (2) may elect to exclude from adjudication the portion of the' claim for monetary relief attributable to him by filing notice of such election with the court within such time as specified in the notice given pursuant to paragraph (a). The final judgment in such action shall be res judicata as to any claim under this section by any person on behalf of whom such action was brought and who fails ,to give such notice within the period specified in the notice given pursuant to paragraph (a).

(c) No dismissal or compromise shall be entered without the approval ofthe court, and notice, if any, of the proposed dismissal or compromise shall be given in such manner as the court directs.

(d) Monetary relief shall pe distributed in such manner as the court in its discretion may authorize, subject to the requirement that any distribution procedure adopted shall afford each person a reasonable opportunity to secure his appropriate portion of the net monetary relief. · ·

(e) In any action under subsection (2) in which there has been a determination that a defendant agreed to fix prices in violation ofs. 542.18, damages may be proved and assessed in the aggregate by statistical or sampling methods, by the computation of illegal overcharges, or by such other reasonable system of estimating aggregate damages as the court in its discretion may permit without the necessity of · separately proving the individual claims of, or amounts of damage to, persons on whose behalf the suit was brought.

Hlstory.-s. 1, ch. 80.28.

damages by him sustained, and the cost of suit, in- 542.23 Equitable remedies . ..,... In addition to eluding a reasonable attorney's fee. The court shall other remedies provided by this chapter, any person award a reasonable attorney's fee to a defendant shall be entitled to sue for and have injunctive or prevailing in any action under this chapter for dam- other equitable relief in the circuit .courts of this

728


state against threatened loss or damage by a violation of this chapter. In any action under this section in which the plaintiff substantially prevails, the court shall award the cost of suit, including a reasonable attorney's .fee, to the plaintiff.

Hlstory.-s. 1, ch. 80·28.

542.24 Consent decrees and.settlement agreements.-In a civil action maintained under this chapter by the Attorney General or a state attorney, any party to such action may petition the court for entry of a consent decree or for approval of a settlement agreement. The proposed decree or agreement shall set out the alleged violations, the future obligations of the parties, the damages or other relief agreed upon, and the reasons for entering into the consent decree or settlement agreement.

History.-s. 1, ch. 80·28.

542.25 Judgment in favor of state as prima facie evidence.-A. final judgment or decree entered in any civil or criminal proceeding brought by the Attorney General or a state attorney under s. 542.21 or s. 542.23 to the effect that a defendant has violated s. 542.18 or s. 542.19, or entered in any civil or criminal proceeding brought by the United States Department of Justice under comparable federal laws, shall .be prima facie evidence against S]JCh defendant in any civil action or proceeding under this chapter brought by any other person against such defendant as to all matters respecting which such judgment or decree would be an estoppel as between the parties thereto; however, this section does not apply to consent judgments or decrees entered. before any testimony has been taken.

History.-s. 1, ch. 80·28.

542.26 Limitation of actions.-Whenever any civil or criminal proceeding is· instituted by the Attorney General or a state attorney to prevent, restrain, or punish any violation of this chapter, the running of the statute oflimitations, with respect to every private right of action arising under this chapter and based in whole or in part on any matter complained of in said proceeding, shall be suspended during the pendency thereof and for 1 year thereafter. Whenever the running of the statute of limitations in respect of a cause of action arising under s. 542.22(1) is suspended hereunder, any action to enforce such cause of action shall be forever barred unless commenced either with1n the period of suspension or within the period of limitation.

Hlstory.-s. 1, ch. 80·28.

542.27 Enforcement authority.-(1) The Attorney General, or a state attorney

with written permission from the Attorney General, acting jointly or independently, may commence and try all criminal prosecutions under this chapter. Criminal prosecutions under this chapter shall be commenced by indictment. With respect to commencement and trial of such prosecutions, the Attorney General or a state attorney shall have all the powers and duties vested by law with respect to criminal prosecutions generally. Incident to any investigation commenced under this chapter, the Attorney General may participate in and appear before a

grand jury in assistance of any state attorney, irrespective of the provisions of chapter 905.

(2) The Attorney General is authorized to institute or intervene in civil proceedings seeking the full range of relief afforded by this chapter or by federal laws pertaining to antitrust or restraints of trade on behalf of the state, its departments, agencies, and units of government. In addition, the Attorney General, as chief state legal officer, may institute any action authorized under this chapter, federal laws pertaining to antitrust or restraints of trade, or similar laws of other states on behalf of natural persons in the state.

(3) Whenever the Attorney General, by his own inquiry or as a result of a complaint, suspects that a violation of this chapter or federal laws pertaining to restraints of trade is imminent, occurring, or has occ\].rred, he may investigate such suspected violation.

Hlstory.-s. 1, ch. 80.28.

542.28 Civil investigative demand.-(1) Whenever the Attorney General, or a state

attorney with appropriate jurisdiction and with the written consent of the Attorney General, has reason to believe that any person may be in possession, custody, or control of any documentary material relevant to a civil antitrust investigation authorized by s. 542.27(3), he may, prior to the institution of a civil or criminal proceeding thereon, issue in writing and cause to be served upon such person a civil investigative .demand to:

(a) Appear and be examined under oath; (b) Answer written interrogatories under oath;

or (c) Produce documents or other tangible evi

dence for inspection and copying. (2) The demand shall: (a) Be served upon the person in the manner re

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

(b) State the nature of the conduct, constituting the violation of this chapter or of the federal antitrust laws, alleged to have occurred or to be imminent.

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

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

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

729


ignated custodian, copies may be substituted for original documents.

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

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

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

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

(5) Within 30 days after the service of an investigative demand upon any person or at any time before the return date specified therein, whichever period is longer, the person served may file in the circuit court in and for the county in which the person resides or transacts business and serve upon the Attorney General or state attorney a petition for an order of the court modifying or setting aside the demand. The time allowed for compliance in whole or in part with the demand as deemed proper and ordered by the court shall not run while the petition is pending before the court. The petition shall specify each ground upon which the petitioner relies in seeking relief and may be based upon the failure of the demand to comply with the provisions of this chapter or upon any constitutional or other legal right or privilege of such person.

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

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

(8) When the testimony is fully transcribed, the person conducting the deposition shall afford the witness, and counsel if any, a reasonable opportuni-

ty to examine the transcript, and the transcript shall be read to or by the witness, unless such examination and reading is waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer, the Attorney General, or a state attorney, with a statement of the reasons given by the witness for making such changes. The tran!'cript shall then be signed by the witness unless the witness waives the signing in writing, is ill, cannot be found, or ref4ses to sign. If the transcript is not signed by the witness within 30 days of his being afforded a reasonable opportunity to examine it, the person conducting the examination shall sign it and state on the record the fact of the waiver, illness, absence of the witness, or the refusal to sign, together with the reason, if any, given therefor. Any person required to testify or to submit dqcumentary evidence shall be entitled, on payment of reasonable costs, to procure a copy of any document produced by such person and of his own testimony as stenographically reported or, in the case of a deposition, as reduced to writing by or under the direction of the person taking the deposition.

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

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

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

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

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

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

(13) Nothing contained in this section shall im-

730

s. 542.28 1980SUPPLEMENTTO FLORIDA STATUTES 1979 s. 542.36

pair the authority of the Attorney General or state attorney to:

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

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

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

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

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

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

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

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

(15) When copies of documentary material made available pursuant to an investigative demand are no longer required for use in a pending proceeding or, absent any pending proceeding, are no longer required in connection with the investigation for which they were demanded, or at the end of 24 months following the date when the material was made available, whichever is sooner, all copies of the material shall be returned, unless a request to extend the period beyond 24 months has been filed in the court in which a request for an order compelling compliance pursuant to subsection (6) could be filed. This subsection shall not require the return of any copies of the documentary material that have passed into the control of any court or grand jury.


542.29 Duty of public officers.-In any investigation and in any criminal or civil action commenced pursuant to this chapter, it shall be the duty of all public officers and their deputies, assistants, clerks, subordinates, or employees to render and fur.nish to the Attorney General or a state attorney, when so requested, assistance and all information available in their official capacity.


542.30 Jurisdiction and venue.-Without regard to the amount in controversy, a suit or proceeding brought under this chapter shall be brought in the circuit court in and for any county in which the cause of action arose; in which any defendant resides, is found, or has an agent; or in which any act in furtherance of the conduct prohibited by this chapter occurred.


542.31 Action not barred as affecting or in-

its powers to the fullest extent consistent with the Constitutions of this state and the United States.

History.- s. 1, ch . 80-28.

542.32 Rule of construction and coverage.It is the intent of the Legislature that, in construing this chapter, due consideration and great weight be given to the interpretations of the federal courts relating to comparable federal antitrust statutes. In particular, the failure to include in this chapter the substantive provisions of s. 3 of the Clayton Act, 15 U.S.C. s. 14, shall not be deemed in any way to limit the scope of s. 542.18 or s. 542.19.


542.33 Contracts in restraint of trade invalid; exceptions.-{Transferred from s. 542.12 by s. 2, ch. 80-28.]

542.34 Discriminatory trade practices.[Transferred from s. 542.13 by s. 2, ch. 80-28.]

542.35 Remedies cumulative.-The remedies provided by this act are cumulative of each other and of existing powers and remedies inherent in the courts.

History.-s. 1, ch . 80-28.

542.36 Continuing violations.-Violations commenced prior to the effective date of this act and continuing after the effective date shall be actionable as provided in this chapter. The fact that any conduct occurred prior to the effective date of this act shall not affect its relevance in proving that a violation of this chapter has occurred or is occurring.

History.- s. 1, ch. 80-28.

CHAPTER 550

DOGRACING AND HORSERACING

550.011 550.069 550.075

550.081

550.09 550.091

550.10

550.12 550.13

550.16

Fixing dates for racing. Harness racing; daily license fee. Conversion of ratified harness racing per-

mit to dogracing license. Allocation of horseracing periods of oper

ation. Payment of daily license fee and taxes. Additional commission required to be

withheld by dogracing and horseracing permittees.

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

Uniform reporting system. Division of moneys derived under this

law.

volving interstate or foreign commerce.-No ac- 550.161 tion under this chapter shall be barred on the

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

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

grounds that the activity or conduct compla~ned of in 550.162 any way affects or involves interstate or foreign com-merce. It is the intent of the Legislature to exercise 550.163

731

Dogracing; taxes; purse allowance; hours of operation.

Dogracing; daily license fee ..


550.24

550.241

550.26 550.261 550.262

550.263

550.265 550.27 550.30

550.33 550.335

550.34 550.37 550.38

550.39

550.42 550.43

550.44 550.47

550.49 550.4901

550.4902

550.4903

550.4904

550.4905 550.4906 550.4907

550.4908

Conniving to prearrange result of race; using medication or drugs on horse or dog; penalty.

Racing of animals under certain condi-tions prohibited; penalties.

Tax on breaks; distribution. Winter horseracing; purse requirements. Horseracing; minimum purse require-

ment and Florida breeders' awards. Horseracing; distribution c:>f abandoned

interest in or contributions to pari-mut-uel pools. ·

Quarter horse racing; breeders' awards. Employment of residents required. Racetrack funds guaranteed from Gener-

al Revenue Fund. Quarter horse racing. Harness track licenses for summer quar. ter horse racing. Dogracing at North Florida tracks. Operation of certain harness tracks. Horseracing; award to breeders of Flori-

da-bred horses. · Summer horseracing authorized for cer

tain harness tracks. Summer thoroughbred racing; tax. Annual license; summer thoroughbred

racing period. Minimum purse per race. Lease of pari-mutuel facilities by pari

mutuel permitholders. 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.-(1) 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 co"unty, apportioning the dates to the several tracks in such counties as provided by law. However, where only one licensed dog track is located in a county, that track may operate 105 days during the racing season at the option of the dog track. No horse tracks licensed to engage in the conduct of running races located within 100 air miles of each c:>ther shall operate on the same dates, and any track licensed to engage in th~ conduct of harness races located with-

in 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.

(2) Except as otherwise provided in this chapter, each permitholder shall request days of operation, which request shall include the number of scheduled performances within each day of operation, by January 15 of each year; and the Florida Pari-mutuel COmmission shall consider and take action on each request no later than March 15 of each year. The Division of Pari-mutuel Wagering shall establish rules to allow a permitholder to conduct more than one performance in an operation day and may limit such extra performances to specified days of tpe week, weeks of the year, or times of day, provided the number of extra performances shall not exceed 54. If the Florida Pari-mutuel Commission does not take action on the request for days of operation and number of performances by March 15 in any year, then the days that are requested that are not in conflict with .the operating days of another permitholder within 50 air miles shall be automatically awarded. Notwithstanding any other provision of this chapter, the Florida Pari-mutuel Commission shall allow an extra performance, if otherwise authorized, to be run as a charity or scholarship performance. When a charity or scholarship performance is conducted as a matinee performance, the Florida Pari-mutuel Commission may authorize the permitho~der to conduct the evening performance of that operation day as a regular performance in addition to the regular operating days authorized in this section.

Hlstory.-s. 2, ch. 14832, 1931; 8. 2, ch. 17276, 1935; CGL 1936 Supp. 4151(50); 8. 1, ch. 22072, 1943; 8. 1, ch. 24348, 1947; 8. 2, ch. 71-98; 8. 138, ch. 73-333; 8. 5, ch. 79-4; 8. 1, ch. 80-57.

Note.-Former 8. 550.02(1).

550.069 Harness racing; daily license fee.[Repealed by s. 22, ch. 80-57.]

550.075 Conversion of ratified harness racing permit to dogracing li~ense.-

(1) Any holder of a ratified permit to conduct harness racing under the laws of this state, which permit has not been revoked in a referendum election, is entitled to apply to the Division of Pari-mutuel Wagering ofthe Department ofBusiness Regulation for a license to conduct dograce meetings at such track, in lieu ofharness racing, for the same number of racing days each season to which dog racetracks in counties having more than one dogracing track are entitled by law, subject to all of the provisions of the law concerning pari-mutuel taxes paid by tracks conducting dogracing, provided the following conditions are met:

(a) The average daily pari-mutuel handle in any racing meet conducted by the harness track during the 10 years preceding·application to the Division of Pari-mutuel Wagering, as herein provided, has not exceeded $125,000.

(b) The gross revenue to the state for the operation of the harness track for the 10 years immediately preceding application to the Division ofPari-mut-

732

s. 550.075 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 . s. 550.09

uel Wagering, as herein provided, does not exceed the sum of $350,000 per year.

(2) The Division of Pari-mutuel Wagering, upon application of the holder of a ratified permit which meets the requirements of subsection (1), shall convert the permit and shall issue to the holder of the permit a license to conduct dograce meetings as set forth in subsection (1), provided the conditions stated herein are met at the time of the application to conduct dogracing, any provision of any law or rule in conflict herewith . or to the contrary notwithstanding.

(3) On and after June 11, 1980, and upon application of the holder of a ratified permit which meets the requirements of subsection (1), the Division of Pari-mutuel Wagering shall issue to the holder of such permit a license to conduct a dograce meeting, which shall end on September 1 during · the 1980-1981 racing season; and each meeting year thereafter, the division shall renew, as pro.vided by law, such license for the period starting May 3 through and ending on September 1.

Hlstory.-s. 1, ch. 76-24; s. 19, ch. 79-4; s. 3, ch. 80-88. Note.-Former s. 550.37(13).

550.081 Allocation of horseracing periods of operation.-

(1) WhEm there are three or more winter thoroughbred horse racing permitholders located within a 35-mile radius of each other, an annual winter thoroughbred racing season consisting of 150 racing days, exclusive of Sundays, is authorized. Each winter permitholder is authorized to operate in only one of the three periods of racing hereinafter set out, and all racing days shall be run consecutive~ ly. Each racing period is established as follows:

(a) The first period shall consist of 50 racing days. No charity or scholarship racing days may be operated during the first period. ·

(b) The second period shall consist of 50 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. No charity or scholarship racing days may be operated during the third period. ·

In allocating the racing periods contained herein, the Florida Pari-mutuel Commission shall require the second period of racing set forth above to commence on January 8· of each year, and if January 8 shall fall on a day when racing is not authorized, the second period shall commence on the next authorized racing day.

(2) A special racing period is established consisting of 21 consecutive racing days, which includes 6 charity and scholarship days, which special period of racing shall commence the day after the conclusion of the third period. 'of winter racing. The 6 charity and scholarship days shall be allocated on the basis of 2 days for each winter period of racing, and the proceeds shaH be paid over to each separate permitholder on an equal basis for distribution in accordance with the provisions of this chapter.. The Florida Pari-mutuel Commission shall award the special racing period to the permitholder authorized to conduct the third period of racing to be operated at that

Permitholder's racetrack, unless that permitholder declines to operate that period on or prior to the date on which the racing dates are awarded under the provisions of subsection (3). In the event the permitholder shall decline to operate the special racing period, the Florida Pari-mutuel Commission shall award the racing dates to the permitholder authorized to conduct summer thoroughbred racing, which permitholder shall operate the special racing periods except as provided in subsection (6).

(3) On or before January 4 of each year, each of the winter thoroughbred horse race permitholders shall file in writing with the Florida Pari-mutuel Commission its request for the racing period the permitholder wishes to operate. On or before February 15 of each year, the Division ofPari-mutuel Wagering shall issue an annual license authorizing the permitholder. to conduct a racing meet during the period granted by the Florida Pari-mutuel Commission.

(4) 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 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.

(5) The Division of Pari-mutuel Wagering is 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 whjch there .are three horse racetracks located within 100 air miles of each other. Howev~r. 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.

(6) As a condition precedent to the granting. of race dates, a permitholder shall agree to operate the full number of regular racing days authorized . by this section during the racing period authorized for each permitholder, except as otherwise authorized by the Florida Pari-mutuel Commission.

Hlstory.-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; ss. 2, 2r, ch. 80-57. . . · ·

Note.--See. ch. 28499, 1953, Hillsborough County; racing, extra day; ~thletic scholarships. ~ ·

550.09 Payment of daily license fee and taxes.-

(1) DAILY LICENSE FEE.-Every person engaged in the business of conducting race meetings under this chapter, hereinafter referred to as the "permitholder," "licensee," or "permittee," shall pay to the Division of Pari-mutuel Wagering, for the use of the division, a daily license fee of$100 for each horserace and $80 for each dograce conducted at a

733


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

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

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

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

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

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

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

(4) BREAKS TAX-Each permitholder conducting dogracing shall pay a tax equal to the breaks.

The "breaks" represents that portion of each parimutuel pool which is not redistributed to the contributors nor withheld by the permitholder as commission and is further defined in s. 550.16.

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

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

ments as prescribed in subsection (5) is a violation of this section, and the permitholder may be subjected by the division to a civil penalty of up to $1,000 for each day the tax payment is not remitted. All penalties imposed and collected shall be deposited in the General Revenue Fund. If a permitholder fails to pay penalties imposed by order of the division under this subsection, the division may suspend or revoke the license of the permitholder, cancel the permit of the permitholder, or deny issuance of any further license or permit to the permitbolder.

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

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; ss. 3, 21, ch. 80-57.

550.091 Additional col,limission required to be withheld by dogracing and horseracing permittees.-[Repealed by s. 21, ch. 80-57.]

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

(!) All persons connected with racetracks shall purchase from the Division ofPari-mutuel Wagering an annual occupational license for each specified job performed, which license shall be valid for 1 year. The division shall deposit collections for occupational licenses into the Pari-mutuel Tax Collection Trust Fund. The license shall expire on July 1 of each year. In the event the division shall determine that it is in the best interest of the division and persons connected with racetracks, the division may issue a license valid for one season at one racetrack, but may not make that determination apply to any person who

734


objects to such determination. In any event, the season license fee shall be equal to the annual occupational license fee. Any person who has been licensed by the division for a period of 5 years or more may, at his option and pursuant to the rules promulgated by the division, purchase an annual occupational license valid for a period of 3 years, provided the purchaser ofthe license pays the full occupational license fee for each of the years for which the license is purchased at the time the 3-year license is requested. The occupational license shall be valid during its specified term at any pari-mutuel facility. The scheduled license fees are as follows:

(a) Contractual concessionaires with permitholders, $100.

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

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

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

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

(3)(a) The division may deny to or revoke a license of any person who shall have been refused a license by any other state racing commission or racing authority; provided, however, that the state racing comm~ssion or racing authority of such other state extends to the Division ofPari-mutU:el Wagering reciprocal courtesy to maintain the disciplinary control.

(b) The Division of Pari-mutuel Wagering may deny or revoke any license when 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; s. 4, ch. 80-57.

550.12 Uniform reporting system.-(1)(a) It is the finding of the Legislature that a

uniform reporting system should be developed to

sion 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 10 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 the business, plant, and properties· incident to the conduct and operation of the business of the parimutuel permittee. In the case of new permittees, the appraisal shall be filed within 180 days after commencing operation and every 10 years thereafter.

(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, which statement shall be certified by a public accountant licensed to practice in this state, and any supporting informational schedule found necessary by the division to verify the foregoing financial statement, which informational schedule shall be attested to under oath by the permitholder or an officer of record, 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.

(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.

History.-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; ss. 5, 21, ch. 80-57.

provide acceptable uniform financial data and statis- 550.13 Division of moneys derived under this tics which the state may use to review the operations Iaw.-of pari-mutuel permitholders in order to exercise a (1) All moneys which shall have been deposited reasonable degree of control over the activities of the with the Treasurer to the credit of the Pari-mutuel pari-mutuel industry. Tax Collection Trust Fund shall be distributed in the

(b) It is further the finding of the Legislature following proportions, in the manner and at the that this reporting system should also provide the times hereinafter specified: various permitholders and industry groups and asso- (a) In each fiscal -year, the sum of $29,915,500 ciations with a source of comparable data which may shall be divided into as many equal parts as there are be used to analyze and improve operations of a single counties in the state and there shall be distributed permitholder or of permitholder groups. one part to each county; any excess of such moneys

(2)(a) Every person conducting race meetings or after the distributions to the counties shall be paid jai alai exhibitions under this chapter shall so keep into the General Revenue Fund. If the sum available records as clearly to show the total number of admis- for distribution is less than $29,915,500, the deficiensions and the total amount of money contributed to cy shall be paid into the Pari-mutuel Tax Collection every pari-mutuel pool on each race or exhibition Trust Fund from the General Revenue Fund up to separately and the amount of money received daily the amount of the deficiency if the deficiency does from admission fees and, within 120 days after the not exceed the deposits of pari-mutuel tax collections conclusion of its fiscal year, shall submit to the Divi- to the General Revenue Fund for that fiscal year.

735


(b) The distribution among the several counties provided in 1paragraph (a) shall begin each fiscal year in January on or before January 5 and shall continue monthly through April 5. If on April 5 the sums distributed to the counties do not equal the maximum sum to be distributed, the division shall immediately transfer to the Pari-mutuel Tax Collec-· tion Trust Fund, from deposits made by the division to the General Revenue Fund during that fiscal year, the sums required to pay each county the sum entitled and shall make such payments on or before the end of that fiscal year. The Comptroller is appointed as the agent of the division to make the distribution to the counties and to make transfers as may be required by this section.

(2) All moneys deposited with the Treasurer to the credit of the Pari-mutuel Wagering Trust Fund shall be used to operate the Division of Pari-mutuel Wagering and the Florida Pari-mutuel Commission and to provide a proportionate share of the operation of the office of the Secretary of Business Regulation. The Department of Business Regulation shall review annually the balance remaining in the Pari-mutuel Wage ring Trust Fund, and any funds found to be in excess of the needs of the Division of Pari-mutuel Wagering shall be transferred to the General Revenue Fund. In no event shall the department permit the fund to retain a fund equity in excess of $1,000,-000.

History.-s. 12, ch.<14832,_ 1931; s. 1, ch. \6113, 1933; CGL 1936 Supp. 4151(61); s. 1, ch. 19170, 1939; s. 2, ch. 71·98; s. 1, ch. 71·129; s. 6, ch. 80.57.

'Note.-Reference to paragraph (a) was substituted for reference to subsec· tion (1) to correct an apparent drafting error.

550.16 Pari-mutuel pooi 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 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 6f 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" is the percentage of the contributions to pari-mutuel pools which a permit

. holder is permitted to withhold from the contributions before making redistribution to the contributors. The permitholder's shate of the commission is that portion of the commission which remains after the pari-mutuel tax· imposed upon the contributions to the pari-mutuel pool is deducted from the commission and paid by the permitholder. The commission is deducted from all pari-mutuel pools but may be different depending on the type of pari-mutuel pool. For the purpose of this chapter, contributions to pari-mutuel pools involving wagers on a single animal in a single race, such as the win pool, the place pool, or the show pool, shall be referred to as "regu~ lar wagering," and contributions to all other types of pari-mutuel pools, including, but not limited to, the daily double, perfecta, quiniela, trifecta, or the Big "Q" pools, shall be referred to as "exotic wagering."

(a) The commission which a permitholder who

conducts horseracing under · the provisions of this chapter may withhold from contributions to parimutuel pools shall not exceed 17.6 percent on regular wagering and shall not exceed 19 percent on exotic wagering, except that up to an additiona1one-half of 1 percent of the handle on regular wagering and up to an additional! percent of the handle on exotiC wagering may be withheld by the permitholder to be used for ·capital improvements or to reduce capital improvement debt.

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

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

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

In general, the amounts referred to as capital improvements include amounts paid which add to the value, improve, or substantially prolong the useful life of the racetrack or frohton facility utilized by the permitholder for the conduct of its race meeting. Amounts paid or incurred for repairs and maintenance of property, interest expense, or lease payments in connection with the capital improvements are not capital improvements within the meaning of this section.

(c) For purposes of this chapter and chapter 551, the reduction of capital· improvement debt shall include only that debt which is in existence prior to May 1, 1980, and only 50 percent of the additional amount authorized to be withheld shall be used for the reduction of capital improvement debt. ·

(d) A permitholder withholding additional sums for capital improvements shall be entitled to accumulate these funds, provided such accumulation of funds is kept in a separate banking or savings account and .is only spent or obligated for capital improvements within 3 years from the first date such funds are accumulated, unless otherwise authorized by the Florida Pari-mutuel Commission.

(e) The permitholder who· withholds additional commission for capital improvements, as may be authorized in this chapter or in chapter 551, shall be required to report under oath such withholding and the purpose for which it·is withheld, on forms as may be prescribed by the Division of Pari-mutuel Wagering. The Division ofPari-mutuel Wagering shall prescribe reasonable and suitable rules to audit and regulate capital improvement withholdings. Such ·sums as are determined by the Florida Pari-mutuel Commission to have been improperly withheld or expended by the permitholder shall be paid to the General Revenue Fund, within 10 days from the date of such order by the Florida Pari-mutuel Commission.

(f) The commission which a permitholder who conducts dogracing under the provisions of this chapter may withhold from the contributions to pari-mutuel pools shall not exceed, 17.6 percent on regular wagering and shall not exceed 18 percent on exotic wagering, except as provided ins. 550.162.

736


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

(h) A capital improvement -made by a permitholder licensed under this chapter shall be exempt from the provisions of any municipal ordinance, resolution, or regulation which requires the qualification or approval of such capital improvement project by the municipality wherein the permitholder con-. ducts its .. business operations. · ·· . :. .

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

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

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

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

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

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; ss. 7, 22, ch. 80-57; s. ~. ch. 80-88. cf.-s. 550.09 Payment of daily license fee and taxes.

550.161 Pari-mutuel pools of less than $400,-000 daily;· license fee; distribution.-(Repealed by s. 21, ch. 80-'57.]

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

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

(2) In addition to the 18 percent herein authorized to be withheld from pari-mutuel pools of exotic wagers, a dog back permitholder shall withhold an additional 1 percent from pari-mutuel pools on tri-

ples, trifectas, or other similar wagers involving · three or more greyhounds in any race, 'except that a permitholder unequipped to hold triples or trifectas shall withhold only an additional one-half of 1 percent on exotic w~:~.gers other than triples or trifectas, to be distributed as follows:

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

(b) Any amounts from the additions herein authorized in excess pf that t:equired in paragraph (a) may be used by the permitholder for capital improvements or to reduce capital improvement debt. If a permitholder is unable to use the excess for the .. foregoing purposes, it maybe used for purses, provided the total paid for purses shall not exceed 3 percent of the handle.

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

(3) In addition to the sums permitted to be withheld from pari-mutuel pools under subsection (2), a permitholder may withhold, for capital improvements or to reduce capital improvement debt, 1 percent from pari-mutuel pools on -triples, trifectas, or other similar wagers involving three or more greyhounds in any race. The permitholder who withholds additional sums under the provisions of this section for capital improvements or to .reduce capital improvement debt shall be bound by the definition of capital improvements and capital improvement debt and the use of these sums as it appears ins. 550.16. In no event shall the total sums withheld on parimutuel pools on triples, trifectas, or other similar wagers involving three or more greyhounds· in any race exceed 20 percent of the total contributions to such pools.

(4) An operation day shall be a continuous. period of 24 hours starting with the beginning pf the first race of a public exhibition of greyhound racing, even though the operation day may start during 1 calendar day and extend past midnight to 2 a.m .. the following calendar day; however, no race shall be started later than 1:30 a.m. and before noon on any operation day, or later than 12 p.m. on any Saturday night.

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

History.-ss. 1-4, ch. 29693, 1955; s. 2, ch. 71-98; ss. 2, 6, ch. 75-42; s. 4, c)l. 77-166; s. 1, ch. 77-449; s. 8, ch. 80-57. . _ 'Note.-The words "except that" were substituted by the editors for· the

737

s. 550;162 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 550:262

. word ''or."

550.163 Dogracing; daily license fee.-[Repealed by s. 22, ch. 80-57.]

550.24 Conniving to prearrange result of race; using medication or drugs on horse or dog; penalty.-

(1) 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, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who attempts to affect the outcome of a horserace or dograce through administration of medication or drugs to a race animal as prohibited by law; who administers any.medication or drugs prohibited by law to a race animal for the purpose of affecting the outcome of a horserace or dograce; or who conspires to administer or to attempt to administer such medication or drugs is guilty of a felony of the third degree, punishable as pro-

. vided 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;

s. 3, ch. 80-270.

550.241 Racing of animals under certain con-ditions prohibited; penalties.- ·

(1) The racing of an animal with any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent or any substance which is foreign to the natural horse or dog is prohibited. It is a violation of this section for a person to administer or cause to be administered any drug, medication, stimulant, depressant, hypnotic, narcotic, local anesthetic, or drug-masking agent or any substance which is foreign to the natural horse or dog to an animal which will result in a positive test for such substance based on samples taken from the animal immediately prior to or immediately after the racing of that animal. Rules may be promulgated which identify:

(a) Unacceptable levels of substances existing naturally in the untreated dog or horse but at abnormal physiological concentrations; or

(b) Acceptable levels of trace elements or innocuous substances in test samples.

(2) Administrative action may be taken by the division against occupational licensees responsible pursuant to rule of the division for the condition of animals which have been impermissibly medicated or drugged in violation of this section.

(3)(a) Upon the finding of a violation of this section, the Division of Pari-mutuel Wagering may revoke or suspend the license or permit of the violator or deny a license or permit to the violator; impose a fine against the violator in an ·amount not to exceed $5,000; require the full or partial return of the purse, sweepstakes, and trophy of the race at issue; or impose against the violator any combination of such penalties. The finding of a violation of this section shall in no way prohibit a prosecution for criminal acts committed.

(b) The division, notwithstanding the provisions

of chapter 120, may summarily suspend the licenses of occupational licensees responsible under this section or division rule for the condition of race animals if the ·division laboratory reports the presence of an impermissible substance in the animal or its blood, urine, saliva, or any other bodily fluid, either before a race in which the animal is entered or after a race the animal has run.

(c) If an occupational licensee is summarily suspended under this section, the division shall offer the licensee a prompt postsuspension hearing within 72 hours, at which the division shall produce the laboratory report and documentation which, on its face, establishes the responsibility of the occupational licensee. Upon production of the documentation, the occupational licensee shall have the burden of proving his lack of responsibility.

(d) Any proceeding for administrative action against a licensee or permittee, other than a proceeding under paragraph (c), shall be conducted in compliance with chapter 120.

(4) Prosecution pursuant to this section for a violation of this section shall be commenced within 2 years after the violation was committed. Service of an administrative complaint marks the commencement of administrative action.

(5) All moneys recovered for violations of this section shall be kept in a separate fund to be known as the "Research Trust Fund" and shall be used for · research relating to the medication of racing animals. The fund shall be supervised and used by the Division of Pari-mutuel Wagering to contract with a reputable college or school of veterinary medicine or its designee in accordance with this subsection.

(6) The Division of Pari-mutuel Wagering shall adopt and enforce rules to implement· this section.

Hlstory.-s. 2, ch. 80-270.

550.26 Tax on breaks; distribution.-[Re-pealed by s. 22, ch. 80-57.] ·

550.261 Winter horseracing; purse requirements.-[Repealed by s. 21, ch. 80-57.]

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

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

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

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

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

(c) A permitholder conducting a quarter horse

738


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

(3) Each permitholder conducting a thoroughbred horse race meet under the provisions of this chapter shall pay to the Division ofParicmutuel Wagering a sum equal to the breaks on all pari-mutuel pools conducted during the race meet. The payments shall be remitted to the division by the fifth day of each calendar month for such sums accruing during the preceding calendar month. The division shall deposit these collections to the credit of the Florida Thoroughbred Breeders' Promotional Trust Fund. The Division of Pari-mutuel Wagering shall administer the funds and prescribe suitable and reasonable rules for the administration thereof. The moneys in the Florida Thoroughbred Breeders' Promotional Trust Fund shall be used exclusively for the payment of breeders' awards and stallion awards in accordance with the following provisions:

(a) The breeder of each Florida-bred thoroughbred horse winning a horserace at a thoroughbred race meet shall be entitled to an award of not less than 15 percent of the announced gross purse, including nomination fees, eligibility fees, · starting fees, supplementary fees, and moneys added by the sponsor of the race.

(b) The owner or owners of the sire of a Floridabred thoroughbred horse which wins a stake race shall be entitled to a stallion award of not less than 15 percent of the announced gross purse including nomination fees, eligibility fees, starting fees, supplementary fees, and moneys added by the sponsor ofthe race.

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

(d) In order for an owner of the sire of a thoroughbred horse winning a stake race to be eligible to receive a stallion award, the stallion must have been registered with the Florida Thoroughbred Breeders Association, and the breeding of the registered Florida-bred horse must have occurred in this state. The stallion must be standing permanently in this state or, if the stallion is dead, have stood permanently in this state for a period of not less t~an 1 year immediately · prior to its death. Removal of a stallion from this state for any reason, other than exclusively for prescribed medical treatment, shall render the owner or owners of the stallion ineligible to receive a stallion award under any circumstance for offspring sired prior to removal; however, if a removed stallion is returned to this state, all offspring sired subsequent to the return shall make the owner or owners of the stallion eligible for the stal-

lion award, but only for those offspring sired subsequent · to such return to this state. The Florida Thoroughbred Breeders Association shall maintain complete records showing the date the stallion arrived in this state for the first time, whether or not the stallion remained in the state permanently, the location of the stallion, and whether the stallion is still. standing in ·this state and complete records showing awards earned, received, and distributed. The association may charge the owner, owners, or breeder a reasonable fee for this service.

(e) A permitholder conducting a thoroughbred horse race meet under the provisions of this chapter shall, within 30 days after the end of a race meet, certify to the Division of Pari-mutuel Wagering and the Florida Thoroughbred Breeders Association such information relating to the horses winning a stake or other horserace at the meetings as may be required to determine the eligibility for payment of breeders' awards and stallion awards.

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

(g) Payments from the Florida Thoroughbred Breeders' Promotional Trust Fund may be made directly to the Florida Thoroughbred Breeders Association, notwithstanding the provisions of s. 216.331. The Florida Thoroughbred Breeders Association shall have the right to retain a reasonable fee not to exceed 10 percent for administering the funds and shall keep accurate records showing receipts and disbursements of such payments and shall annually file a full and complete report to the Division of Parimutuel Wagering reflecting such receipts, disbursements, and cost of administration. The Division of Pari-mutuel Wagering may audit the accounts of the Florida Thoroughbred Breeders Association to determine that payments have been made to eligible breeders and stallion owners in accordance with the provisions of this section.

(h) In the event the funds available in the Florida Thoroughbred Breeders' Promotional Trust Fund shall not be sufficient to pay a 15-percent breeders' or stallion award, the Florida Pari-mutuel Commis" sion may authorize payment from the Pari-mutuel Wage ring Trust Fund.

(4) Each permitholder conducting a harness horse race meet under the provisions of this chapter shall pay to the Division of Pari-mutuel Wagering a sum equal to the breaks on all pari-mutuel pools conducted during the race meet. The payments shall be remitted to the division by the fifth day of each calendar month for sums accruing during the preceding calendar month. The division shall deposit these collections to the credit of the Florida Harness 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. Moneys in the Florida Harness Horse Racing Promotion Trust Fund shall be allocated first for the payment of breeders' awards, stallion awards, addition-

739

8. ·550.262 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 550.263

al purses, and prizes for Florida-bred standardbred horses; thereafter, such moneys shall be allocated for the general promotion of owning and breeding of standardbred horses in this state. Payments from this fund for breeders' awards and stallion awards shall be in accordance with the following provisions:

(a) The breeder of each Florida-bred standardbred horse winning a horserace at a harness horse race meet shall be entitled to an award equal to 15 percent of the announced gross purse, including nomination fees, eligibility fees, starting fees, supplementary fees, and moneys added by the sponsor of the race, provided funds are available.

(b) The owner or owners of the sire of a Floridabred standardbred horse who wins a stake race shall be entitled to a stallion award equal to 15 percent of the announced gross purse including nomination fees, eligibility fees, starting fees, supplementary fees, and moneys add~d by the sponsor of the race, provided funds are available.

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

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

(e) A permitholder conducting a harness .horse race meet under the provisions of this chapter shall, within 30 days after the end of a race meet, certifY to the Department of Agriculture and Consumer

Services and the Florida Standardbred Breeders and Owners .Association information relating to the horses winning a stake or other horserace at such meetings as may be required to determine the eligibility fo:r: payment ofbreeders' awards and stallion awards.

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

(g) Payments from the Florida Harness· Horse Racing Promotion Trust Fund may be made directly to the Florida Standardbred Breeders and Owners Association, .notwithstanding the provisions of s. 216.331. . The Florida Standardbred Breeders and Owners Association shall have the right to retain a reasonable fee not to exceed 10 percent for administering the funds and shall keep accurate records showing receipts and disbursements of such payments and shall annually file a full and complete report to the Department of Agriculture and Consumer Services reflecting receipts, disbursements, and cost of administration. The Department of Agriculture and Consumer Services may audit the accounts of the Florida Standardbred Breeders and Owners Association to determine that payments hav~ been made to eligible breeders and stallion owners in accordance with the provisions of this section . .

(h) . Irr the. event the funds available in the Florida Harness Horse. Racing Promotion Trust -Fund shall not be sufficient to pay a 15-percent breeders' or stallion award, the Florida Pari-mutuel Commissio.n m~y authorize payment from the Pari-mutuel Wage ring Trust Fund. .. . (5) · Each permitholder conducting a quarter

horse race ~eet under the_ provisions of this chapter shall pay to the Division of Pari-mutuel Wagering a sum equal to the breaks plus a sum equal to 1 percent of the total contributions to all _pari-mutuel pools conducted. Such payments shall be remitted to the division by the fifth day of each calendar month for sums accruing during the preceding calendar month. The division shall deposit these collections to the credit of the Florida Quarter Horse Racing Promotion Trust Fund. The Department of Agriculture and Consumer Services shall administer the funds and adopt suitable and.reasonable rules for the adminis~ration thereof. It is the intention of the Legislature that the moneys in the Florida Quarter Horse Racing Promotion Trust Fund be allocated for suPplementing and augmenting purses and prizes and for 'the genera] promotion of owning and breeding of racing quarter horses in this state.

History.-s. 2, ch. 71-146; s. 2, ch. 72-129; ss. 13, 22, ch. 77-167; s. 3, ch. 79-300; ss. 9, 21, ch. 80-57.

550.263 Horseracing; distribution of • abandoned interest in or contributions to pari-mut-uel pools.- ·

(1) All moneys or other property represented by any unclaimed, uncashed, or abandoned pari-mutuel ticket which has remained in the custody of or under the control of any horseracing permitholder author-

740


ized to conduct pari-mutuel pools in this s~te for a period of 1 year from the date the pari-mutuel ticket was issued, when the rightful owner or owners thereof have made no claim or demand for such money or other property within that period, -is hereby declared to have escheated to or to escheat to, and to have become the property of, the state.

(2) All moneys or other property which shall have escheated to and become the property of the state as proviqed herein, and which is held by a permitholder; authorized to conduct · ·pari-mutuel pools in this state, shall be paid by the permitholder to the Division of Pari-mutuel Wagering annually within 60 days after the close of the race meeting of the permitholder. Section 550.164 notwithstanding, such moneys so paid to the;division shall be deposit-ed as follows: ·

(a) Funds for thoroughbred horse raCing permitholders shall be deposite<l. into the Florida Thoroughbred Breeders' Promotional Trust Fund and shall be used for the payment of breeders' awards and stallion awards as provided for in s. 550.262.

(b) Funds for h~rness horse racing pe.rmitholders shall be deposited in~o the Florida Harness Horse Racing Promotion-Trust Fund and shall be used for the payment ofbreed.ers' awards and stallion awards as provided for in s. 550.262.

(c) Funds for quarter horse racing permitholders shall be deposited the Florida Quarter Horse Racing

. Promotion Trust Fund and shall be used for the payment of breeders' 11wards and stallion awards as pro-vided for in s. 550.265. ·

History.-s .. 10, ch. 80-57.

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 ofss. 550.262(5) and 51:)0.263 and under rules adopted.

(3) ADVISORY COUNCIL.-(a) There is created a Quarter Horse Advism;y

Council consisting of seven members as follows:

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

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

(b) 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 secre-tary of the council. .

(d) At the first organizational meeting of the council there shall be elected a chairma,n from the

. membership and each 2 years thereafter the council shall elect a chairman from its then~onstituted membership. . .

(e) Members of the Quarter Horse Advisory Council shall receive no compensation for their services, except that they shall ·receive . per diem and travel expenses as pro.vided 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 9-epartment may deem necessary to the proper administration of this law.

(5) FRAUDULENT AcTS AND MISREPRESENTATIONS.-Any person registering u_nqualified 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:

1. Owners who participate in this program for Florida-bred quarter horse foals under 1 year pf 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 ag!=J 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 of the 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

741


and Consumer Services may adopt rules to implement, make specific, or interpret the provisions of this section.

History.-s. 1, ~h. 72-158; s. 11, ch. 8().57.

550.27 Employment of residents required.[Repealed by s. 22, ch. 80-57.]

550.30 Racetrack funds guaranteed from General Revenue Fund.-[Repealed by s. 22, ch. 80-57.]

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

chapter, any person possessing the qualifications prescribed in this chapter may apply to the Division · of Pari-mutuel Wagering for a permit to conduct quarter horse race meetings and racing under this chapter. After receipt of any application, the division shall convene to consider and act upon permits iiPPlied for. Upon all applications filed and approved, a permit shall be issued setting forth the name ofthe applicant and a statement showing qualifications of the applicant to conduct racing under this chapter.

(2)(a) After a quarter horse racing permit has been granted by the division, the Department of Business Regulation shall grant to the laWful holder of such permit, subject to the conditions hereof, a license to conduct quarter horse racing under this chapter, and the Florida Pari-mutuel Commission shall fix annually the time, place, and number of days upon which racing may be conducted by such quarter horse racing permitholder. After the first license has been issued to the holder of a permit for quarter horse racing, all subsequent annual applications for a license by a permitholder shall be accompanied by proof in such form as the division may require that the permitholder still possesses all the qualifications prescribed by this chapter. The Division of Pari-mutuel Wagering may revoke any permit or license hereunder upon the willful violation by the licensee of any of the provisions of this chapter or any rule or regulation issued by the division under the provisions of this chapter.

(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 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. These 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 authorized to lease such track to any quarter horse racing permitholder for the conduct of quarter horse racing under this chapter. The permitholder conducting a quarter horse n~ce meet shall pay the daily license fee, the admission tax, the tax on

breaks, and the tax on pari-mutuel handle provided in s. 550.09 and shall be subject to all penalties and sanctions provided in s. 550.09(6).

( 4) Sections 550.05, 550.06, 550.07, 550.17, and 550.18 are hereby declared to be inapplicable to quarter horse racing as permitted herein; and all other provisions of this chapter 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 some qualified person designated by the division.

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

(7) Any quarter horse racing permitholder operating under a valid perm:it issued by the Division of Pari-mutuel Wagering is authorized to substitute other races of other breeds of horses which are, respectively, registered with the International Arabian Horse Association, Appaloosa Horse Club, American Paint Horse Association, or the Palomino Horse Breeders of America, for no more than 50 percent of the quarter horse races daily. In addition to the breeds authorized for substitution, horses registered with the Jockey Club may be substituted for quarter horse races at any time for any number of races, provided the total days do not exceed 20 percent of the maximum number of days authorized for quarter horse racing as provided ins. 550.08. SubstitJ.Ition of races of horses registered with the Jockey Club shall be subject to the taxes imposed by s. 550.161, the provisions of this act to the contrary notwithstanding. Any permittee operating within an area of 50 air miles of a licensed thoroughbred track cannot substitute thoroughbred races undl:)r this section while a thoroughbred horserace meet is in progrefls within said 50 miles. No races comprised of thoroughbred horses under this section registered with the Jockey Club shall be permitted during the period beginning September 1 and ending on January 5 of each year in any county where there is one or more licensed dog tracks conducting a race meet. Nothing contained herein shall be interpreted in any manner to affect the competitive award of matinee performances to jai alai frontons or dog tracks in opposition to races comprised of thoroughbred horses registered with the Jockey Club under this section ..

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

History.-s. 1, ch. 25354, 1949; s. 1, ch. 59-492; s. 1, ch. 69-50; · • . 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; s. 12, ch. 80-57.

550.335 Harness track licenses for summer quarter horse racing.-Any harness track licensed to operate under the provisions of s. 550.37 . may make application for, and shall be issued by the Division of Pari-mutuel Wagering, a license to open~te not more than 50 quarter horse racing days during the summer season, which shall extend from June 1 until September 1 of each year. However, this license

742


to operate quarter horse racing for 50 days shall be in addition to the racing days and dates provided in s. 550.37 for harness racing during the winter season and, it shall not affect the right of such licensee to operate harness racing at the track as provided in s. 550.37 during the winter season. All provisions of this chapter governing quarter horse racing not in conflict herewith shall apply to the operation of quarter ·ho~se meetings authorized hereunder, except that all quarter horse racing permitted hereunder shall be cpnducted at night.


550.34 Dogracing at North Florida tracks.(1) Any dogracing track holding a valid outstand

ing permit for dogracing in the state and located north of latitude 30• may hold race meetings at any time during the calend;:tr year; provided no permit shall be issued for racing on Sunday or at any one location in excess of the aggregate of105 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; s. 13, ch. 80-57.

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 with 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 ofbreeding farms for the breeding of standardbred 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 of Pari-mutuel Wagering should be empowered to consider and grant the application of any dog track, horse track, and harness track permittee 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 mqre 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 standardbred horses in harness with sulky. Horseracing at horse tracks shall mean racing of thoroughbred horses ·with jockeys.

(3) Any permittee or licensee authorized under the provisions hereof to transfer the location of its permit shall conduc;t 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 andJicensee within 100 air miles of the location of a racetrack authorized to conduct racing under the provisions of this chapter and which prohibit the Division of Pari-mutuel Wagering from granting any permit to a harness track at a location in the area in which there are three horse tracks located within 100 air miles thereof shall not be applicable to a licensed harness track which is required by the terms ofthis 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.

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

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

743


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

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

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

.... (9) The . provisions of this chapter as the same pertain to horseracing shall be applicable to harness racing except those provisions which are inconsistent herewith, and where the provisions of this chapter ·are by implication inconsistent with or arej in fa:ct, in conflict with the provisions of this act, then

this act shall govern harness racetrack permittees or licensees, and harness racing.

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

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

Hlstory.-ss. 1, 2, ch. 63-130; s. 1, ch. 69-159; s. 1, ch. 70-310; 88. 1, 2, ch. 71-98; s. 2, ch. 74-178; s. 1, ch. 76-24; 88. 14, 22, ch. 77-167; s . 19, ch. 79-4; s. 3, ch. 79-300; 88. 14, 21, ch. 80.57; ss. 3, 5, ch. 8().88. · cf.--<1. 550.075 Conversion o( ratified harness racing pennit to dogracing li

cense. s. 550.335 Harness track licenses for summer quarter horse racing.

550.38 Horseracing; award to breeders of Florida-bred horses.-[Repealed by s. 22, ch. 80-57.]

550.39 Summer horseracing authorized for certain harness tracks.-

(1) Any permitholder authorized by s. 550;068 to conduct horseracing in harness at any track west of the St. Johns River shall be permitted during the summer racing season, as hereinafter defined and set forth, to conduct at permittee's option and at its location up to· 90 days of horseracing in ·harness, quarter horse or thoroughbred racing in any county of the state where no thoroughbred horse racetrack is located and established, exclusive _of $undays, upon dates allocated by the Florida Pari-mutuel Commission. Such racing may be conducted either by. day or night or part by day and part by night. Provided, further that in all such counties the winter season for all pari-mutuel operations shall be during the period extending from and including October 1 in each year to and including April15 of the following year and the summer season for all parimutuel operations in all such. counties where horseracing in harness is conducted pursuant to s. 550.068 shall be during the period extending from and including April16 in each year to and including September 30 of the same year. ·

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

Hlstory.-ss. 1-3, ch. 65-383; s. 1, ch. 71-98; s. 1, ch. 77-176; s. 20, ch. 79-4; 88. 15, 22, ch. 80.57. ·,

744


550.42 Summer thoroughbred racing; tax.The permitholder conducting a horserace meet during the summer thoroughbred racing season shall pay the daily license fee, the admission tax, the tax on breaks, and the tax on pari-mutuel handle provided in s. 550.09 and shall be subject to all penalties and sanctions provided in s. 550.09(6).

Hlstory.-s. 2, ch. 69-14; s. 2, ch. 71-98; s. 3, ch. 71-146; 88. 3, 6, ch. 75-42; s. 4, ch. 77-166; 88. 16, 22, ch. 77-167; s. 3, ch. 78-39; s. 1, ch. 78-130; s. 4, ch. 79-300; 88. 16, 21, ch. 80-57. ·

550.43 Annual license; summer. thoroughbred racing period.--On or before January 4 of each year·, beginning January 4, 1970, the thoroughbred horse racetrack desiring to conduct summer thoroughbred racing may file in writing, with the Department of Business Regulation, its application for permission to conduct a thoroughbred horse race meeting for a period not to exceed 120 days, exclu-sive of Sundays, during the summer thoroughbred racing season commencing on or after May 6, 1970, and in each of the following years. On or before March 1 of each year, the Division of Pari-mutuel Wagering shall issue a license authorizing the permitholder to conduct a racing meet during the summer thoroughbred .racing season, during the period and for the number of days set forth therein. As a condition precedent to the granting of race dates, the summer thoroughbred permitholder shall agree to operate the full number of regular days authorized. In addition to the 120 authorized days of racing permitted by s. 550.41(1), the Florida Pari-mutuel Commission may authorize, after a public hearing, the summer thoroughbred permitholder to operate an additional 7 racing days during the summer thoroughbred racing season. This requirement shall be based upon a finding that the operation of the additional racing days shall be in the best interest of the permitholder, the horsemen, and the state. The summer thoroughbred permitholder may apply for any additional racing days which may be available during the summer thoroughbre<l. racing season and may operate those days upon approval of the florida Pari-mutuel Commission.

Hlstory.-s. 2, ch. 69- 1 ~; 88. 1, 2, ch. 71-98; s. 22, ch. 79-4; s. 17, ch. 80-57.

550.44 Minimum purse per race.-[Repealed by s. 22, ch. 80-57.]

550.47 Lease of pari-mutuel facilities by parimutuel permitholders.-Holders of valid pari-mutuel permits for the conduct of thoroughbred and standardbred horse racing in this state shall be entitled to lease any and all of their facilities to any other holder of a valid pari-mutuel permit for thoroughbred or standardbred horse racing, when located within a 35-mile radius of each other; and such lessee shall be entitled to a permit and license to operate its race meet at the leased premises.

Hlstory.- s. 1, ch. 71-180; s. 2, ch. 76-179; s. 22, ch. 80-57.

550.49 Legislative intent.-[Repealed by s. 21, ch. 80-57.]

550.4901 Winter thoroughbred horse racing; per-race purse allowance.-[Repealed by s. 21, ch.

80-57.]

550.4902 Winter thoroughbred horse racing; tax; commission; breaks tax; admissions and occupational license taxes.-[Repealed by s. 21, ch. 80-57.]

550.4903 Thoroughbred horse racing; summer racing purse allowance.-[Repealed by s. 21, ch. 80-57.] ·

'550.4904 Summer thoroughbred racing dates; exceptions to beginning and ending period.-The beginning date for the conduct of summer thoroughbred racing as set forth in s. 550.41 shall vary in accordance with the provisions of s. 550.081 and shall not begin before the first day following the last racing day of the third period of winter racing and shall terminate no later than the last day prior to the first day of the first period of winter thoroughbred racing. In the event of any conflict between this section and s. 550.04 insofar as it applies to the conduct of the winter racing season, this section shall control. In no event shall winter racing commence prior to November 1 of each year.

Hlstory.-ss. 5, 22, ch. 77-167; s. 1, ch. 79-300; s. 21, ch. 80-57. ' Note.- The repeal of this section on July 1, 1980, was nullified by s. 21, ch.

80-57.

550.4905 Harness racing; special purse allowance.-[Repealed by s. 21, ch. 80-57.]

550.4906 Harriess racing; purses.-[Repealed by s. 21, ch. 80-57.]

550.4907 Thoroughbred horse racing; purse allowance for racetracks with average daily handles of less than $400,000.-[Repealed by s. 21, ch. 80-57.]

550.4908 Thoroughbred horse racing; track allowance for all tracks with an average daily handle of less than $400,000.-[Repealed by s. 21, ch. 80-57.]

551.031 551.06

551.071

551.09

551.13 551.14 ..

CHAPTER 551

FRONTONS

Fixing dates for operation of frontons. Daily license fee; admission tax; taxes on

handle and breaks. Additional commission required to be

withheld by jai alai permittees; designation of funds.

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

·Tax on "breaks"; distribution. Payment of taxes; penalties.

551.031 Fixing dates for operation of fron-tons.-

(1) The Florida Pari-mutuel Commission shall

745


hear and approve the dates within which any fronton may be operated. However, this section shall not be construed as authorizing the commission to fix and set dates for the operation of any fronton in any county where there is not more than one fronton in operation. The commission shall not delegate this function to any subordinate officer or division of the Department of Business Regulation.

(2) Each jai alai permitholder shall request days of operation, which request shall include the number of scheduled performances within each day of operation, by January 15 of each year; and the Florida Pari-mutuel Commission shall consider and take action on said request no later than March 15 of each year. The Division of Pari-mutuel Wagering shall establish rules to allow a permitholder to conduct more than one performance in an operation day and may limit such extra performances to specified days of the week, weeks of the year, or times of the day and shall limit each permitholder to a maximum of 54 such extra performances in a single meet. If the Florida Pari-mutuel Commission does not take action on the request for days of operation and number of performances by March 15 of each year, then the days that are requested that are not in conflict with the operating days of another permitholder within 50 air miles shall be automatically awarded. Notwithstanding any other provision of this chapter or of chapter 550, the Florida Pari-mutuel Commission shall allow an extra performance, if otherwise authorized, to be run as a charity or scholarship performance. When a charity or scholarship performance is conducted as a matinee performance, the commission may authorize the permitholder to conduct the evening performance of that operation day as a regular performance in addition to the regular operating days authorized in this section.

History.-s. 3, ch. 17074, 1935; CGL 1936 Supp. 4151(356); s. 2, ch. 71·98; s. 138, ch. 73·333; s. 24, ch. 79-4; s. 18, ch. 80·57.

Note.-Former s. 551.04(1).

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

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

(2) An admission tax equal to 15 percent of the entrance-gate admission charge or 10 cents, whichever is greater, shall be imposed on each person attending a jai alai performance. The permitholder shall be responsible for the collection of the admission tax. An admission tax shall be imposed on any free passes or complimentary cards issued to guests by permitholders and shall be equal to the tax imposed on the regular and usual entrance-gate admission charge. With the consent of the division, a permitholder may issue tax-free passes to its officers,

officials, and employees or other persons actually engaged in working at the fronton, including accredited press representatives such as reporters and editors, and may also issue tax-free passes to other permitholders for the use of their officers and officials. A list of all such persons to whom tax-free passes are issued shall be filed with the division.

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

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

(5) Payment for the admission tax, the tax on breaks, and the tax on handle imposed in this section shall be 'made to the Division ofPari-mutuel Wagering. The division shall deposit these sums with the Treasurer, with one-half to be credited to the Parimutuel Tax Collection Trust Fund and one-halftq be credited to the General Revenue Fund.

(6) The permitholder shall remit to the Division of Pari-mutuel Wagering payment for the daily license fee, the admission tax, the tax on handle, and the tax on breaks by the fifth day of each calendar month for all taxes imposed and collected during the preceding calendar month. Such payments shall be accompanied by a report under oath showing the total of all admissions, the pari-mutuel wagering activities for the preceding calendar month, and such other information as may be prescribed by the division. Failure of any permitholder to make the payments prescribed is a violation of this section, and the permitholder may be subjected to a civil penalty of up to $1,000 for each day the tax payment is not remitted. All penaltieE? imposed and collected shall be deposited to the General Revenue Fund. If a permitholder fails to pay penalties imposed by order of the division under this subsection, the division may suspend or revoke the. license of the permitholder, .cancel the permit of the permitholder, or deny issuance of any further license or permit to the permitholder.

(7) In addition to the civil penalty allowed in subsection (6), any willful or wanton failure by any permitholder to make payment of the daily license fee, the admission tax, the tax on handle, or the tax on breaks shall constitute sufficient ground for the Division of Pari-mutuel Wagering to suspend or revoke the license of the permitholder, cancel the per-

746


mit of the permitholder, or deny issuance of any further license or permit to the permitholder.

History.-s. 4, ch. 17074, 1935; CGL 1936 Supp. 4151(358); s. 2, ch. 71-98; s. 19, ch. 80-57. 'Note.-The word "made" was substituted for "paid" by the editors.

551.071 Additional commission required to be withheld by jai alai permittees; designation of funds.-[Repealed by s. 21, ch. 80-57.]

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

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

(2) The "commission" is the percentage of the contributions to pari-mutuel pools which a permitholder is permitted to withhold from the contributions before making redistribution to the contributors. The permitholder's share of the commission is that portion of the commission which remains after the pari-mutuel tax imposed upon the contributions to the pari-mutuel pool is deducted from the commission and paid by the permitholder. The commission is deducted from all pari-mutuel pools but may be different depending on the type of pari-mutuel pool. For the purpose of this chapter, contributions to pari-mutuel pools involving wagers on a single jai alai player or team in a single game, such as the win pool, the place pool, or the show pool, shall be referred to as "regular wagering," and the contributions to all other types of pari-mutuel pools, which shall include, but need not be limited to, the daily double, perfecta, quiniela, trifecta, or the Big "Q" pools, shall be referred to as "exotic wagering." The commission which a permitholder who conducts jai alai under the provisions of this chapter may withhold from contributions to pari-mutuel pools shall not exceed 17.6 percent on regular wagering and shall not exceed 19 percent on exotic wagering, except that an additional! percent on triples, trifectas, or other similar wagers involving three or more players or teams in any game may be withheld for capital improvements or to reduce capital improvement debt. The permitholder who withholds such additional sums shall be bound by the definitions of capital improvements and capital improvement debt and the use of these sums as they appear ins. 550.16.

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

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

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

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

and the sums actually redistributed to the contributors.

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

History.-s. 7, ch. 17074, 1935; CGL 1936 Supp .. 4151(361); s. 1, ch. 22817, 1945; s. 2, ch. 61-119; s. 2, ch. 71-98; s. 547, ch. 71-136; ss. 4, 6, ch. 75-42; ss. 20, 22, ch. 80-57. •

551.13 Tax on "breaks''; distribution.-[Repealed by s. 22, ch. 80-57.]

551.14 Payment of taxes; penalties.-[Repealed by s. 22, ch. 80-57.]

CHAPTER 552

MANUFACTURE, DISTRIBUTION, AND USE OF EXPLOSIVES

552.091 License or permit required of manufacturer-distributor, dealer, user, or blaster of explosives.

552.091 License or permit required of manufacturer-distributor, dealer, user, or blaster of explosives.- ·

(1) It shall be unlawful for any person to engage in the business of a manufacturer-distributor or to acquire, sell, possess, store, or engage in the use of explosives in this state, except in conformity with the provisions of this chapter.

(2) Each manufacturer-distributor, dealer, user, or blaster must be possessed of a valid and subsisting license or permit 'issued by the division, except that if a manufacturer-distributor makes sales to users, such manufacturer shall not be required to obtain an additional license as a dealer.

(3) In the case of multiple locations for storage of explosives, each manufacturer-distributor, dealer, or user maintaining more than one permanent storage magazine location shall possess an additional license, as herein set forth, for each such location.

(4) The manufacturer-distributor of two-component explosives is required to purchase a manufactur:er-distributor explosive license. Dealers of twocomponent explosives are required to purchase a dealer's explosive license. A user's explosive license is required of any person to purchase, mix, or use two-component explosives from a dealer or manufacturer-distributor. A blaster's explosive permit is required of any person employed by a user to mix, detonate, or otherwise effect the explosion of twocomponent explosives.

(5)(a) Licenses, permits, and fees therefor are required for each license year for the following:

747


1. Manufacturer-distributor license ............ $500 2. Dealer license ................................................ 250 3. User license .................................................... 50 4. Blaster permit ................................................ 25 (b) However, no fee shall be required for a dealet:

license if the only explosive sold by the dealer is black powder for recreational use.

(6) Said licenses and permits shall be issued by the division for each license year beginning October 1 and expiring the following September 30.

Hlstory.-s. 2, ch. 29944, 1955; s. 1, ch. 57-184; s. 3, ch. 59-83; s .. 1,-ch. 65-59; ss. 13, 35, ch. 69-106; s. 3, ch. 77-84; s. t, ch. 8().169.

CHAPTER 553

BUILDING CONSTRUCfiON STANDARDS

PART IV FACfORY-BUILT HOUSING

PART VI STATE MINIMUM BUILDING CODES

PART VII THERMAL EFFICIENCY STANDARDS

PART IV

FAQTORY-BUILT HOUSING

553.37 Rules; inspections; and insignia. 553.38 Application and scope. 553.39 Injunctive relief.

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

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

(2) After the effective date of the rules adopted pursuant to this part, no manufactured building, except as provided in subsection (9), shall be installed in this state unless it is approved and bears the insignia of approval of the department. The rules promulgated under the Florida Factory-Built Housing Act of 1971 shall continue until that date, and approvals issued by the department under provisions of the prior part shall be deemed to comply with the requirements of this part.

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

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

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

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

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

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

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

(10) The department may require, by. rule, that an approved inspection agency, as defined in s. 553.36(2), submit evidence of surety bond· in the amount of $25,000 to assure performance of inspection functions in compliance with this part ·and the rules promulgated under this part.

Hlstory.-s. 3,-ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 79-152; ss. 1, 4, ch. 8().86. ' 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1982, except for the possible effect of laws affecting this section prior to that date. Section 6, ch. 79-152, provides that if part IV of ch. 553 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature that s. 1, ch. 79-152, shall also be repealed on the same date as is therein provided. Section 4, ch. 8().86, provides that, if part IV of ch. 553 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77-457, or as subsequently amended, it is the intent of the Legislature thatch. 8().86 shall also be repealed on the same date as is therein provided.

'553.38 Application and scope.-(1) The department shall promulgate rules

which protect the health, safety, and property of the people of this state by assuring that each manufactured building is structurally sound and properly installed on site and that plumbing, heating, electrical, and other systems thereof are reasonably safe, and which interpret a·nd make specific the provisions of this part.

(2) The department shall enforce every provision of this part and the rules adopted pursuant hereto, except that local land-use and zoning requirements, fire zones, building setback requirements, side and rear yard requirements, site development requirements, property line requirements, subdivision control, and onsite installation requirements; as well as the review and regulation of architectural and aesthetic requirements, are specifically and entirely reserved to local authorities. Such local requirements and rules which may be enacted by .local authorities must be reasonable and uniformly applied and enforced without any distinction as to whether a build-

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s. 553;38 1980 SUPPLEMENT TO FLORIDA STATUTES 1979 s. 553.73

ing is a conventionally constructed or manufactured building. A local government shall require permit fees only for those inspections actually performed by the local government for the installation of a factory-built structure. Such fees shall be equal to the amount charged for similar inspections on conventionally built housing.

History.-s. 4, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77457; s. 3, ch. 78-323; ss. 1, 6, ch. 79-152; ss. 2, 4, ·ch. 80-86.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77457, effective July 1, 1982, except for the possible effect of laws affecting this section prior to that date. Section 6, ch. 79-152, provides that, if part IV of ch. 553 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77457, or as subsequently amended, it is the intent of the Legislature that s. 1, ch. 79-152, shall also be repealed on the same date as is therein provided. Section 4, ch. 80-86, provides that, if part IV of ch. 553 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77457, or as subsequently amended, it is the intent of the Legislature thatch. 80-86 shall also be repealed on the same date as is therein provided.

1553,39 lrijunctive ·relief.-The department may seek injunctive or other relief from the circuit court of appropriate jurisdiction to compel. compliance with the requirements of this part or.with rules issued pursuant thereto or to enjoin the sale, delivery, or installation of a manufactured building, upon an affidavit specifying the manner in which · the building does not conform to· the requirements of this p_art or to rules issued pursuant thereto. Noncompliance with this part or the rules promulgated under this part shall be considered prima facie evidence of irreparable damage in any cause of action brought under the authority of this part.

History.-s. 6, ch. 71-172; s. 1, ch. 74-208; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 6, ch. 79-152; ss. 3, 4, ~h. 80.86. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77457, effective

July 1, 1982, except for the possible effect of laws affecting this section priQr to that date. Section 6, ch. 79-152, provides that, if part IV of ch. 553 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77457, or as subsequently amended, it is the intent of the Legislature that s. 1, ch. 79-152, shall also be repealed on the same date as is therein provided. Section 4, ch. 80.86, provides that, if part IV of ch. 553 is repealed in accordance with the intent expressed in the Regulatory Reform Act of 1976, as amended by ch. 77457, or as subsequently amended, it is the intent of the Legislature thatch. 80-86 shall also be repealed on the same date as is therein provided.

PART VI

STATE MINIMUM BUILDING CODES

553.73 State Minimum Building Codes. 553.74 State Board of Building Codes and Stand

ards. 553.87 Solar water heating and waste heat recov

ery requirement.

553.73 State Minimum Building Codes.(1)(a) By January 1, 1978, local governments and

state agencies with building construction regulation responsibilities shall adopt a building code which shall cover all types of construction. Such code shall include the provisions of part V relating to accessibility by handicapped persons and shall be in addition to the requirements set forth in chapter 527, which pertains to liquefied petroleum gas, and parts I, II, and III of this chapter, which pertain to plumbing, electrical, and glass construction standards, respectively. ·

(b) In the event that a special act of the Legislature, passed prior or subsequent to January 1, 1978, places responsibility for building construction regulation in a specified local board o:r agency, the words

"local government" and "local governing body" as used in this part shall be construed to refer exclusively to such local board or agency.

(2) There is created the State Minimum Building Codes which shall consist ofthe following nationally recognized model codes:

(a) Standard Building Code, 1976 edition; (b) National Building Code, 1976 edition; (c) EPCOT Code, 1977 edition; (d) One and Two Family Dwelling Code; and (e) The South Florida Building Code, 1976 edi

tion.

Each local government and state agency with building construction regulation responsibilities .shall adopt one of the State Minimum Building Codes as its building code. If the One and Two Family Dwelling Code is adopted for residential construction, then one of the other recognized model codes must be adopted for the regulation of other residential and nonresidential structures. The State Minimum Building Codes shall include the provisions of part V relating to accessibility by handicapped persons.

(3) After January 1, 1978, local governments and state agencies with building construction regulation responsibilities ~ay provide for more stringent requirements than those specified in .the State Minimum Building Codes, provided:

(a) There is a determination by the. local governing body of a need to strengthen the requirements of the State Minimum Building Codes adopted by such governing body, based upon demonstrations by the local governing body that local conditions justify more stringent requirements than those specified therein, for the protection of life and property; and

(b) Such additional requirements are not. discriminatory against materials, producJ:s, or construction techniques of demonstrated capabilities. ' (4) All code requirements in effect in any code enforcement jurisdiction on .January 1, 197~ •. which are not inferior to the requirements of any model code specified in subsection (2) are presumed to meet the conditions of subsection (3).

(5) It shall be the responsibility of each municipality and county in the state and of each state agency with statutory authority to regulate building constr11ction to enforce the specific model code of the State Minimum Building Codes adopted by that municipality, county; or agency, in accordance with the provisions of s. 553.80. .·

(6) The speqific model ~ode ofthe State Minimum Building Codes adopted by a municipality, county, or state agency shall regulate every type ofb1,1ilding or structure, wherever it might be situated in the code enforcement jurisdiction; however, such regulations shall not apply to nonresidential farm buildings on farms, to temporary buildings or sheds used exclusively for construction purposes, or to any .construction exempted under s. 553.80(3) by an enforcement district or local enforcement agency. The codes may be divided into a number of segments, as determined by the municipality, county, or state agency. These segments may be identified-as building, mechanical, electrical, plumbing, or fire prevention codes or by other titles as are deemed proper._ However, the State Minimum Building Codes shall not contain a

749


housing code; nor shall the state interpose in the area oflocal housing codes, except upon request originating from an enforcement district or local enforcement agency.

(7) The board may, from time to time, make recommendations to revise, alter, repeal, or update the State Minimum Building Codes, either on its own motion or upon application from any affected industry, citizen, state agency, or· political subdivision of the state. In recommending any amendment, the board shall comply with the procedural requirements of chapter 120.

History.-s. 4, ch. 74-167; s. 3, ch. 75-85; s. 1, ch. 77-365; s. 225, ch. 79-400; s. 1, ch. 80-106.

1553.74 State Board of Building Codes and Standards.-

( I) There is created within the 2 Department of Community Affairs the Board of Building Codes and Standards, which shall be appointed by the Governor not later than 60 days after October 1, 1980. Members appointed by the Governor shall be subject to confirmation by the Senatt:l. The board shall be composed of17 members, consisting of the following:

(a) One architect registered to practice in this state. · (b) One structural engineer registered to prac

tice iri this state. (c) One mechanical contractor certified to do

business in this state. (d) One electrical contractor certified to do busi

ness in this state. (e) One member from fire protection engineering

or technology. (f) One general contractor certified to do busi

ness in this state. (g) One plumbing contractor licensed to do busi-

ness in· this state. · (h) One roofing, sheet metal, or air conditioning

contractor certified to do business in this state. (i) One residential contractor licensed to do busi

ness in this state. (j) Three members who are city or district codes

enforcement officials. (k) One member who represents a state agency,

profession indicated or otherwise, shall thereby forfeit his membership on the board.

(3) Members of the board shall serve without compensation, but shall be entitled to reimbursement for per diem and travel expenses as provided by s. i12.061.

History.-s. 5, ch. 74-167; s. 2, ch. 77-365; s. 4, ch. 78-323; ss. 1, 2, ch. 80-231. '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. Section 2, ch. 80-231, provides that, if s. 553.74 is repealed in accordance with the intent expressed in the Sundown Act, it is the intent of the Legislature thatch. 80-231 shall also be repealed on the same date as is therein provided. ' 'Note.-See s. 2, ch. 80-61, which changed the name of the Department of Community Affaira to Department of Veteran and Community Affairs.

553.87 Solar water heating and waste heat recovery requirement.-Notwithstanding the provisions of ss. 553.12 and 553.13, buildings for which a building permit is obtained after October 1, 1980, shall be constructed with plumbing designed to facilitate the future installation of solar and waste heat recovery equipment for water heating. The phrase "facilitate the future installation" means the provision of readily accessible piping and pipe fittings to permit easy connection of solar and waste heat recovery equipment for water heating. The phrase "waste heat recovery equipment" means equipment designed to recover: otherwise . wasted heat from air conditioning systems or to us.e the unused capacity of a heat pump to heat water. It is the intent of the Legislature to minimize the cost of rearranging plumbing should solar .or waste heat recovery equipment for heating water be added to buildings after completion. ·

History.-s. 1, ch. 74-361; s. 1, ch. 80-193.

PART VII

THERMAL EFFICIENCY STANDARDS

553.901 553.902 553.903 553.904

Purpose. Definitions. Applicability.

other than the 2Department of Community Affairs, 553_905 empowered by law to enforce building codes.

Thermal efficiency standards for new nonresidential buildings.

Thermal efficiency standards for new residential buildings. (l) One member who is a county codes enforce-

553_906 ment official.

(m) One member of a Florida-based organization of handicapped persons or a nationally chartered or- 553.909 ganization of handicapped persons with chapters in this state.

Thermal efficiency standards for renovated buildings.

Setting requirements for appliances; exceptions.

(n) One member of the manufactured buildings 553.901 Purpose.-The purpose of this thermal industry who is licensed to do business in this state. efficiency code is to provide for a statewide uniform

(o) One mechanical or electrical .engineer regis- standard for energy efficiency in the thermal design tered to practice in this state. and operation of all buildings statewide, consistent

(2) Of the members initially appointed by the with. energy conservation goals, and to best provide Governor, seven shall serve for terms of2 years each, for public safety, health, and general welfare. The and eight shall serve for terms of 4 years each. lDepartment of Community Affairs shall adopt a Thereafter, all appointments shall be for terms of 4 Florida Model Energy Efficiency Code for Building years. Neither the architect nor any of the above- Construction to implement the provisions of this named engineers shall be engaged in the manufac-ture, promotion, or sale of any building materials; thermal efficiency code and amendments thereto, in and any member who shall, during his term, cease to accordance with the procedures of chapter 120.

t th l 'fi t' fi · · 1 · t t History.-s. 1, ch. 77-128; s. 2, ch. 80-193. mee e qua 1 1Ca lOllS Or ong1na app01n men ' 'Note.-See s. 2, ch. 80-61, which changed the name of the Department of through ceasing to be a practicing member of the Community Affaira to Department of Veteran and Community Affairs, effec-

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