2012 Florida Statutes
TITLE XXXIX — COMMERCIAL RELATIONS
Chapter 686 — SALES, DISTRIBUTION, AND FRANCHISE RELATIONSHIPS
686.501 — Definitions; ss. 686.501-686.506.

686.501 Definitions; ss. 686.501-686.506.—As used in ss. 686.501-686.506:

(1)  Art means a painting, sculpture, drawing, work of graphic art, pottery, weaving, batik, macrame, quilt, print, photograph, or craft work executed in materials including, but not limited to, clay, textile, paper, fiber, wood, tile, metal, plastic, or glass. The term shall also include a rare map which is offered as a limited edition or a map 80 years old or older; or a rare document or rare print which includes, but is not limited to, a print, engraving, etching, woodcut, lithograph, or serigraph which is offered as a limited edition, or one 80 years old or older.

(2)  Artist means the creator of a work of art or, if she or he is deceased, the artist s heirs or personal representative.

(3)  Art dealer means a person engaged in the business of selling works of art, a person who is a consignee of a work of art, or a person who, by occupation, holds herself or himself out as having knowledge or skill peculiar to works of art or rare documents or prints, or to whom such knowledge or skill may be attributed by her or his employment of an agent or broker or other intermediary who, by occupation, holds herself or himself out as having such knowledge or skill. The term art dealer includes an auctioneer who sells works of art, rare maps, rare documents, or rare prints at public auction as well as the auctioneer s consignor or principal. The term art dealer does not include a cooperative which is totally owned by artist members.

(4)  Creditor means a creditor as defined in s. 671.201.

(5)  Person means an individual, partnership, corporation, or association.

(6)  Author or authorship refers to the creator or creation of a work of art or to the period, culture, source, or origin with which the creation of the work is identified in the description of the work.

(7)  Counterfeit means a work of art made or altered with intent to deceive in such a manner that it appears to have an authorship which it does not in fact possess. The term counterfeit includes any work of art made, altered, or copied in such a manner that it appears to have an authorship which it does not in fact possess, even though the work may not have been made with intent to deceive.

(8)  Written instrument means a written or printed agreement, bill of sale, or any other written or printed note or memorandum of the sale or exchange of a work of art by an art dealer, and includes a written or printed catalog or other prospectus of a forthcoming sale as well as any written or printed corrections or amendments thereof.

(9)  Consignor means an artist or any person, partnership, firm, association, or corporation which delivers a work of art to an art dealer for the purpose of sale, or exhibition and sale, to the public on a commission, fee, or other basis of compensation.

(10)  Consignee means an art dealer who receives and accepts a work of art from a consignor for the purpose of sale, or exhibition and sale, to the public on a commission, fee, or other basis of compensation.

History.—s. 1, ch. 86-118; s. 19, ch. 91-110; s. 743, ch. 97-102.