The Florida Senate

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

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

(2)  "Motorsports teams" means drivers of motor vehicles and those persons who directly support motorsports drivers in a pit area during racing events.

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

(4)(a)  A municipality may provide for the issuance of a permit allowing the person to whom the permit is issued to conduct a racing event on a highway or street or in a park within the limits of the municipality. A person may not conduct a racing event on a highway or street or in a park in a municipality unless the person has been issued a permit which runs for the same time period as any contract for conducting the race.

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

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

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

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

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

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

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

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

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

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

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

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

(b)  A person who is issued a permit under this section shall provide for the restoration of all highways or streets, alleys, sidewalks, buildings, and parks to a substantially similar condition as existed before the racing event so that the highways or streets, alleys, sidewalks, buildings, and parks are suitable for their normal use. The restoration of any asphalt or paving must occur after the expiration of the permit or, if a race does not occur, within 24 months of the running of the previous race.

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

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

(b)  Reroute pedestrian and vehicular traffic.

(c)  Waive ordinances and traffic regulations, including ordinances and regulations providing for speed limits and traffic control devices.

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

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

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

History.--ss. 1, 2, 3, 4, 5, 6, 7, ch. 84-214; s. 1, ch. 87-214; s. 32, ch. 89-289.