The Florida Senate

548.001  Short title.

548.002  Definitions.

548.003  Florida State Boxing Commission.

548.004  Executive director; duties, compensation, administrative support.

548.005  Oversight of the commission; long-range policy planning; plans, reports, and recommendations.

548.006  Power of commission to control pugilistic contests and exhibitions; certification of competitiveness of mixed martial arts and kickboxing matches.

548.007  Applicability of act to amateur matches and certain other matches or events.

548.008  Toughman and badman competition prohibited.

548.011  Power of commission to issue, withhold, suspend, or revoke licenses and permits.

548.012  Promoter's license.

548.013  Foreign copromoter license requirement.

548.014  Promoters and foreign copromoters; bonds or other security.

548.015  Concessionaires; security.

548.017  Participants, managers, and other persons required to have licenses.

548.021  Applications for licenses and permits.

548.022  Oral examinations.

548.024  Background investigation of applicants for licensure.

548.025  License fees.

548.026  Duration of license.

548.028  Refusal to issue license.

548.032  Permit for program of matches.

548.033  Local prohibiting ordinance.

548.035  Permit fees.

548.037  Admissions not to exceed seating capacity.

548.041  Age, condition, and suspension of participants.

548.042  Participation under fictitious name.

548.043  Weights and classes, limitations; gloves.

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

548.047  Duty of licensee to disclose condition of participant.

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

548.05  Control of contracts.

548.052  Payment of advances by promoter or foreign copromoter regulated.

548.053  Distribution of purses to participants; statements.

548.054  Withholding of purses; hearing; disposition of withheld purse forfeiture.

548.056  Prohibited financial interests in participant; penalties.

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

548.058  Sham or collusive contest prohibited.

548.06  Payments to state; exemptions.

548.061  Closed circuit television.

548.064  Destruction of ticket or ticket stub.

548.066  Ticket refunds.

548.069  Age of spectators.

548.07  Suspension of license or permit by commissioner; hearing.

548.071  Suspension or revocation of license or permit by commission.

548.073  Commission hearings.

548.074  Power to administer oaths, take depositions, and issue subpoenas.

548.075  Administrative fines; citations.

548.077  Florida State Boxing Commission; collection and disposition of moneys.

548.079  Misdemeanors.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

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

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

(2)  "Boxing" means to compete with the fists.

(3)  "Commission" means the Florida State Boxing Commission.

(4)  "Concessionaire" means any person or business entity not licensed as a promoter which receives revenues or other compensation from the sale of tickets or from the sale of souvenirs, programs, broadcast rights, or any other concessions in conjunction with the promotion of a match.

(5)  "Contest" means a boxing, kickboxing, or mixed martial arts engagement in which the participants strive earnestly to win.

(6)  "Department" means the Department of Business and Professional Regulation.

(7)  "Exhibition" means a boxing, kickboxing, or mixed martial arts engagement in which the participants show or display their skill without necessarily striving to win.

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

(9)  "Judge" means a person who has a vote in determining the winner of any contest.

(10)  "Kickboxing" means to compete with the fists, feet, legs, or any combination thereof, and includes "punchkick" and other similar competitions.

(11)  "Manager" means any person who, directly or indirectly, controls or administers the boxing, kickboxing, or mixed martial arts affairs of any participant.

(12)  "Match" means any contest or exhibition.

(13)  "Matchmaker" means a person who brings together professionals or arranges matches for professionals.

(14)  "Mixed martial arts" means unarmed combat involving the use, subject to any applicable limitations set forth in this chapter, of a combination of techniques from different disciplines of the martial arts, including, but not limited to, grappling, kicking, and striking.

(15)  "Participant" means a professional competing in a boxing, kickboxing, or mixed martial arts match.

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

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

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

(19)  "Purse" means the financial guarantee or other remuneration for which a professional is participating in a match and includes the professional's share of any payment received for radio broadcasting, television, and motion picture rights.

(20)  "Second" or "cornerman" means a person who assists the match participant between rounds and maintains the corner of the participant during the match.

(21)  "Secretary" means the Secretary of Business and Professional Regulation.

History.--ss. 2, 4, ch. 84-246; s. 1, ch. 88-365; s. 4, ch. 91-429; s. 112, ch. 99-251; s. 1, ch. 2002-172.

548.003  Florida State Boxing Commission.--

(1)  The Florida State Boxing Commission is created and is assigned to the Department of Business and Professional Regulation for administrative and fiscal accountability purposes only. The Florida State Boxing Commission shall consist of five members appointed by the Governor, subject to confirmation by the Senate. One member must be a physician licensed pursuant to chapter 458 or chapter 459, who must maintain an unencumbered license in good standing, and who must, at the time of her or his appointment, have practiced medicine for at least 5 years. Upon the expiration of the term of a commissioner, the Governor shall appoint a successor to serve for a 4-year term. A commissioner whose term has expired shall continue to serve on the commission until such time as a replacement is appointed. If a vacancy on the commission occurs prior to the expiration of the term, it shall be filled for the unexpired portion of the term in the same manner as the original appointment.

(2)  The Florida State Boxing Commission, as created by subsection (1), shall administer the provisions of this chapter. The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter and to implement each of the duties and responsibilities conferred upon the commission, including, but not limited to:

(a)  Development of an ethical code of conduct for commissioners, commission staff, and commission officials;

(b)  Facility and safety requirements relating to the ring, floor plan and apron seating, emergency medical equipment and services, and other equipment and services necessary for the conduct of a program of matches;

(c)  Requirements regarding a participant's apparel, bandages, handwraps, gloves, mouthpiece, and appearance during a match;

(d)  Requirements relating to a manager's participation, presence, and conduct during a match;

(e)  Duties and responsibilities of all licensees under this chapter;

(f)  Procedures for hearings and resolution of disputes;

(g)  Qualifications for appointment of referees and judges;

(h)  Qualifications for and appointment of chief inspectors and inspectors and duties and responsibilities of chief inspectors and inspectors with respect to oversight and coordination of activities for each program of matches regulated under this chapter;

(i)  Designation and duties of a knockdown timekeeper; and

(j)  Setting fee and reimbursement schedules for referees and other officials appointed by the commission or the representative of the commission.

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

(4)  Three consecutive unexcused absences or absences constituting 50 percent or more of the commission's meetings within any 12-month period shall cause the commission membership of the member in question to become void, and the position shall be considered vacant. The commission shall, by rule, define unexcused absences.

(5)  Each commission member shall be accountable to the Governor for the proper performance of duties as a member of the commission. The Governor shall cause to be investigated any complaint or unfavorable report received by the Governor or the department concerning an action of the commission or any member and shall take appropriate action thereon. The Governor may remove from office any member for malfeasance, unethical conduct, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, or pleading guilty or nolo contendere to or being found guilty of a felony.

(6)  Each member of the commission shall be compensated at the rate of $50 for each day she or he attends a commission meeting and shall be reimbursed for other expenses as provided in s. 112.061.

(7)  The commission shall be authorized to join and participate in the activities of the Association of Boxing Commissions (ABC).

(8)  The department shall provide all legal and investigative services necessary to implement this chapter. The department may adopt rules as provided in ss. 120.536(1) and 120.54 to carry out its duties under this chapter.

History.--ss. 1, 2, 4, ch. 84-246; s. 1, ch. 85-21; s. 4, ch. 91-429; s. 205, ch. 94-218; s. 762, ch. 97-103; s. 183, ch. 98-200; s. 113, ch. 99-251; s. 2, ch. 2002-172.

548.004  Executive director; duties, compensation, administrative support.--

(1)  The department shall employ an executive director with the approval of the commission. The executive director shall serve at the pleasure of the secretary. The executive director shall keep a record of all proceedings of the commission; shall preserve all books, papers, and documents pertaining to the business of the commission; shall prepare any notices and papers required; shall appoint judges, referees, and other officials as delegated by the commission and pursuant to this chapter and rules of the commission; and shall perform such other duties as the department or commission directs. The executive director may issue subpoenas and administer oaths.

(2)  The commission shall require electronic recording of all scheduled proceedings of the commission.

(3)  The department shall provide assistance in budget development and budget submission for state funding requests. The department shall submit an annual balanced legislative budget for the commission which is based upon anticipated revenue. The department shall provide technical assistance and administrative support, if requested or determined needed, to the commission and its executive director on issues relating to personnel, contracting, property management, or other issues identified as important to performing the duties of this chapter and to protecting the interests of the state.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 114, ch. 99-251; s. 53, ch. 2000-154.

548.005  Oversight of the commission; long-range policy planning; plans, reports, and recommendations.--

(1)  The department shall exercise oversight of the activities of the commission to the extent necessary to facilitate the requirements of this section.

(2)  To facilitate efficient and cost-effective regulation, the commission and the department, where appropriate, shall develop and implement a long-range policy planning and monitoring process to include recommendations specific to the commission. Included in the plan shall be specific recommendations regarding performance standards and measurable outcomes for the commission. Such process shall include estimates of revenues, expenditures, cash balances, and performance statistics for the commission. The period covered shall not be less than 5 years. The commission, with assistance from the department, shall develop the long-range plan which must be approved by the Governor. The department shall monitor compliance with the approved long-range plan and shall assist the commission in annually updating the plan for approval by the Governor. The department shall provide concise management reports to the commission and the Governor quarterly. As part of the review process, the department shall evaluate:

(a)  Whether the commission is operating efficiently and effectively and if there is need for assistance to help the commission in ensuring cost-effective regulation.

(b)  How and why pugilistic exhibitions and contests are regulated.

(c)  Whether there is a need to continue regulation, and to what degree.

(d)  Whether or not licensee and consumer protection is adequate, and how it can be improved.

(e)  Whether unlicensed activity is adequately enforced.

Such plans should include conclusions and recommendations on these and other issues as appropriate. Such plans shall be provided to the Governor and the Legislature by November 1 of each year.

History.--s. 115, ch. 99-251.

548.006  Power of commission to control pugilistic contests and exhibitions; certification of competitiveness of mixed martial arts and kickboxing matches.--

(1)  The commission has exclusive jurisdiction over every match held within the state which involves a professional.

(2)  As to mixed martial arts and kickboxing, until a central repository of match records for each exists and is approved by the commission, the matchmaker shall certify as to the competitiveness of each match.

(3)  Matches shall be held in accordance with this chapter and the rules adopted by the commission.

History.--ss. 2, 4, ch. 84-246; s. 2, ch. 88-365; s. 4, ch. 91-429; s. 116, ch. 99-251; s. 3, ch. 2002-172.

548.007  Applicability of act to amateur matches and certain other matches or events.--With the exception of s. 548.008, ss. 548.001-548.079 do not apply to:

(1)  Any match in which the participants are amateurs;

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

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

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

(5)  Any official Olympic event.

History.--ss. 2, 4, ch. 84-246; s. 3, ch. 88-365; s. 4, ch. 91-429; s. 117, ch. 99-251.

548.008  Toughman and badman competition prohibited.--

(1)  No professional or amateur toughman or badman match, as described in this section, may be held in this state. Such competition includes any contest or exhibition where participants compete by using a combination of skills. Such skills may include, but are not limited to, boxing, wrestling, kicking, or martial arts skills. Notwithstanding the above, this section shall not preclude kickboxing or mixed martial arts as regulated by this chapter.

(2)  Any person participating in or promoting a professional or amateur toughman or badman match is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 4, 18, ch. 88-365; s. 135, ch. 91-224; s. 4, ch. 91-429; s. 118, ch. 99-251; s. 4, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

548.012  Promoter's license.--

(1)  A promoter may not, directly or indirectly, promote any match involving a professional, unless the promoter has been issued a license therefor by the commission.

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

History.--ss. 2, 4, ch. 84-246; s. 136, ch. 91-224; s. 4, ch. 91-429.

548.013  Foreign copromoter license requirement.--

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

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

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

History.--ss. 2, 4, ch. 84-246; s. 137, ch. 91-224; s. 4, ch. 91-429.

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

(1)(a)  Before any license is issued or renewed to a promoter or foreign copromoter and before any permit is issued to a promoter or foreign copromoter, she or he must file a surety bond with the commission in such reasonable amount, but not less than $15,000, as the commission determines.

(b)  All bonds must be upon forms approved and supplied by the commission.

(c)  The sufficiency of any surety is subject to approval of the commission.

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

(2)  In lieu of a surety bond, the promoter or foreign copromoter may deposit with the commission cash or a certified check, in an equivalent amount and subject to the same conditions as the bond. Such security may not be returned to the promoter until 1 year after the date on which it was deposited with the commission unless a surety bond is substituted for it. If no claim against the deposit is outstanding, it shall be returned to the depositor 1 year after the date it was deposited.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 763, ch. 97-103; s. 119, ch. 99-251.

548.015  Concessionaires; security.--The commission may require that before any license is issued or renewed to a concessionaire, or before the holding of a match, the concessionaire must file a surety bond, a cash deposit, or some other form of security with the commission in such reasonable amount as the commission determines.

History.--s. 5, ch. 2002-172.

548.017  Participants, managers, and other persons required to have licenses.--

(1)  A participant, manager, trainer, second, timekeeper, referee, judge, announcer, physician, matchmaker, concessionaire, or booking agent or representative of a booking agent shall be licensed before directly or indirectly acting in such capacity in connection with any match involving a participant. A physician must be licensed pursuant to chapter 458 or chapter 459, must maintain an unencumbered license in good standing, and must demonstrate satisfactory medical training or experience in boxing, or a combination of both, to the executive director prior to working as the ringside physician.

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

History.--ss. 2, 4, ch. 84-246; s. 5, ch. 88-365; s. 138, ch. 91-224; s. 4, ch. 91-429; s. 6, ch. 2002-172.

548.021  Applications for licenses and permits.--

(1)  An application for a license or a permit must:

(a)  Be in writing on a form supplied by the commission which shall contain the applicant's social security number.

(b)  Be verified by the applicant.

(c)  Be complete and have attached to the application any photographs and other exhibits required.

(2)  Pursuant to the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996, each party is required to provide his or her social security number in accordance with this section. Disclosure of social security numbers obtained through this requirement shall be limited to the purpose of administration of the Title IV-D program for child support enforcement.

(3)  Any person who seeks to obtain a license by knowingly making false or fraudulent representations in any application or who otherwise knowingly makes false statements concerning her or his medical history, boxing, kickboxing, or mixed martial arts records, or other personal information commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 65, ch. 97-170; s. 7, ch. 2002-172.

548.022  Oral examinations.--The commission may require any applicant or any officer, director, employee, or stockholder of a corporate applicant, before taking action on her or his application, to appear before the commission for an oral examination, under oath, as to her or his qualifications.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 764, ch. 97-103.

548.024  Background investigation of applicants for licensure.--

(1)  The commission is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 which provide for background investigations of applicants for licensure under this chapter for the purpose of ensuring the accuracy of the information provided in the application; ensuring that there are no active or pending criminal or civil indictments against the applicant; and ensuring satisfaction of all other requirements of this chapter. The background investigation may include, but is not limited to, the criminal and financial history of the applicant.

(2)  If the commission requires a background criminal history investigation of any applicant, it shall require the applicant to submit to the department a fingerprint card for this purpose. The fingerprint card shall be forwarded to the Division of Criminal Justice Information Systems within the Department of Law Enforcement and the Federal Bureau of Investigation for purposes of processing the fingerprint card to determine if the applicant has a criminal history record. The information obtained by the processing of the fingerprint card by the Department of Law Enforcement and the Federal Bureau of Investigation shall be sent to the department for the purpose of determining if the applicant is statutorily qualified for licensure.

History.--s. 8, ch. 2002-172.

548.025  License fees.--The commission shall set license fees as follows:

(1)  Promoter, matchmaker--not to exceed $500.

(2)  Any other license--not to exceed $100.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 120, ch. 99-251.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

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

(1)  Any person or business entity that has been convicted of any act, or that has a trustee, partner, officer, director, or owner that has been convicted of any act, that would constitute a violation of this chapter or would constitute any of the grounds set forth in this chapter for suspension or revocation of a license or against whom such charges are pending before any regulatory body; or

(2)  Any person or business entity that has been named in any information or indictment, or that has a trustee, partner, officer, director, or owner that has been named in an information or indictment, for any act that would constitute a violation of this chapter or a ground for suspension or revocation of a license.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 9, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

548.035  Permit fees.--

(1)  The commission shall set permit fees based on seating capacity of the premises where the program is to be presented as follows:

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

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

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

(2)  For mixed martial arts matches, the commission shall require a minimum fee of $5,000 per event. For purposes of this section, an "event" is one or more matches comprising a show.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 10, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 139, ch. 91-224; s. 4, ch. 91-429.

548.041  Age, condition, and suspension of participants.--

(1)  A person shall not be licensed as a participant, and the license of any participant shall be suspended or revoked, if such person:

(a)  Is under the age of 18;

(b)  Has participated in a match in this state which was not sanctioned by the commission or by a Native American commission properly constituted under federal law; or

(c)  Does not meet certain health and medical examination conditions as required by rule of the commission.

(2)(a)  A participant losing by knockout as a result of being counted out in any jurisdiction shall be automatically suspended for a period of time as determined by the attending physician or commission representative, or 60 calendar days after the date of the knockout, whichever is longer. A participant shall not engage in any match, contact exhibition, or contact sparring for training purposes during the suspension period. After the suspension period and before engaging in any match, contact exhibition, or contact sparring for training purposes, the participant shall be examined by a physician. The participant shall advise the physician of the previous knockout or technical draw and shall provide medical records or his or her permission for the physician to consult with the physician who was the treating physician at the time of the previous knockout or technical draw. The results of this examination shall be filed with the commission before any further matches are approved for the participant.

(b)  A participant losing by technical knockout, technical draw, or disqualification shall be automatically suspended for a period of time to be determined by the physician or commission representative, or 30 calendar days after the date of the technical knockout, technical draw, or disqualification, whichever is longer. A participant shall not engage in any match, contact exhibition, or contact sparring for training purposes during the suspension period without the approval of the physician. After the suspension period and before engaging in any match, contact exhibition, or contact sparring for training purposes, the participant shall be examined by a physician. The participant shall advise the physician of the previous knockout or technical draw and shall provide medical records or his or her permission for the physician to consult with the physician who was the treating physician at the time of the previous knockout or technical draw. The results of this examination shall be filed with the commission before any further matches are approved for the participant. In the case of a disqualification, the commission representative shall determine whether a medical clearance shall be required following suspension.

(c)  Any participant who has been suspended by any state as a result of a recent knockout or series of consecutive losses, an injury, requirement for a medical procedure, physician denial of certification, failure of a drug test, the use of aliases, or the falsifying or attempting to falsify official identification cards or documents shall not be permitted to participate in this state until such time as the state in which the participant is suspended removes his or her name from the suspension list or until the requirements of such suspension have been fulfilled and proof of such has been provided to this state. If a participant has been suspended in another state for any reason other than those stated in this paragraph, the participant may be permitted to participate if the state in which the participant is suspended is notified and consulted with by this state before the granting of approval to participate or the participant appeals to the Association of Boxing Commissions and the association determines that the suspension of such participant was without sufficient grounds, for an improper purpose, or not related to the health and safety of the participant.

(d)  Any participant who fails to appear at a match or fails to appear at a match at the designated time for which the participant or the participant's manager has contracted and does not provide a valid reason or, in the case of physical disability, furnish a physician's certificate shall be suspended for a period to be determined by the commission or shall be fined, or both, as determined by the commission.

(e)  The license of any participant shall be revoked and shall not be reinstated if such participant intentionally strikes, strikes at, touches in any way, or threatens to touch in any way any official.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 121, ch. 99-251; s. 11, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 765, ch. 97-103; s. 122, ch. 99-251.

548.043  Weights and classes, limitations; gloves.--

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

(2)  The commission shall establish by rule the acceptable difference in weight between participants; however, the maximum difference in weight in boxing matches shall not exceed 12 pounds, except matches in the cruiserweight and heavyweight classes and exhibitions held solely for training purposes.

(3)  The commission shall establish by rule the appropriate weight of gloves to be used in each boxing match; however, all participants in boxing matches shall wear gloves weighing not less than 8 ounces each and participants in mixed martial arts matches shall wear gloves weighing 4 to 8 ounces each. Participants shall wear such protective devices as the commission deems necessary.

(4)  Participants in a match shall be weighed on the same scale at a time and place to be determined by the commission or a commission representative. The weigh-in shall be conducted in the presence of the opponent of the participant and a commission representative. If a participant fails to arrive at the weigh-in at the scheduled time and place, the opponent of the late-arriving participant will be permitted to be weighed without the late-arriving participant present. The participant who arrived at the weigh-in on time shall not lose his or her right of observing the weighing in of his or her opponent. The weigh-in shall occur no sooner than 4 p.m. on the day preceding the date of the program of matches or at such other time as designated by the commission or commission representative.

History.--ss. 2, 4, ch. 84-246; s. 6, ch. 88-365; s. 4, ch. 91-429; s. 123, ch. 99-251; s. 12, ch. 2002-172.

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

(1)  The commission, or the commission representative, shall assign to each match at least one physician who shall observe the physical condition of the participants and advise the commissioner or commission representative in charge and the referee of the participants' conditions before, during, and after the match. The commission shall establish a schedule of fees for the physician's services. The physician's fee shall be paid by the promoter of the match attended by the physician. The physician shall be considered an agent of the commission in determining the state insurance coverage and sovereign immunity protection applicability of ss. 284.31 and 768.28.

(2)(a)  In addition to any other required examination, each participant shall be examined by the attending physician at the time of weigh-in. If the physician determines that a participant is physically or mentally unfit to proceed, the physician shall notify any commissioner or the commission representative who shall immediately cancel the match. The examination shall conform to rules adopted by the commission. The result of the examination shall be reported in writing signed by the physician and filed with the commission prior to completion of the weigh-in.

(b)  The commission may require, by rule, each participant to present to the commission representative at the time of the weigh-in an original copy of blood test results which demonstrate whether the participant is free from any communicable disease. If required by the commission and the blood test results are not presented as required by commission rule or reveal the participant has a communicable disease, the commission representative shall immediately cancel the match. The commission may adopt, by rule, protocols and procedures for the blood tests and the cancellation of a match, a list of communicable diseases covered by this paragraph, and a time period within which the blood test must be taken prior to the match.

(3)(a)  In a match that is a sanctioned championship title fight, or whenever the commission representative has reason to believe that a participant has ingested or used a prohibited drug or foreign substance, the commission representative shall request and the participant shall provide, under the supervision of the attending physician, commission representative, or inspector, a sample or samples of his or her urine taken not less than 1 hour before the commencement of the match or more than 1 hour after the conclusion of the match. No participant shall use substances or methods which could alter the integrity of the urine sample. Urine samples shall be taken in accordance with the protocol as agreed upon in writing between the commission and the laboratory used for processing the urine samples.

(b)  The commission may require urine samples, as provided in paragraph (a), to be done randomly. If one participant in a match is tested randomly, the other participant in the match shall be tested also.

(c)  Failure or refusal to provide a urine sample immediately upon request shall result in the revocation of the participant's license. Any participant who has been adjudged the loser of a match and who subsequently refuses to or is unable to provide a urine sample shall forfeit his or her share of the purse to the commission. Any participant who is adjudged the winner of a match and who subsequently refuses to or is unable to provide a urine sample shall forfeit the win and shall not be allowed to engage in any future match in the state. A no-decision result shall be entered into the official record as the result of the match. The purse shall be redistributed as though the participant found to be in violation of this subsection had lost the match. If redistribution of the purse is not necessary or after redistribution of the purse is completed, the participant found to be in violation of this subsection shall forfeit his or her share of the purse to the commission.

(4)  The attending physician or physicians shall provide medical assistance at the facility to the commission representative and medical advice to the referee during the match and shall be accorded the cooperation of all commission representatives and licensees present for the purpose of performing his or her medical duties. If, in the opinion of the attending physician, the referee has received an injury that prohibits the referee from continuing to officiate, the physician shall notify the commission representative, who shall temporarily halt the match. The injured referee shall be attended to by the physician until the referee is no longer in danger or has been transferred to the care of another qualified person. The commission representative shall then direct that the match continue under the supervision of the referee or under the supervision of another referee if the referee is unable to continue.

History.--ss. 2, 4, ch. 84-246; s. 98, ch. 85-81; s. 8, ch. 88-365; s. 4, ch. 91-429; s. 767, ch. 97-103; s. 125, ch. 99-251; s. 35, ch. 2001-89; s. 13, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 9, ch. 88-365; s. 4, ch. 91-429; s. 768, ch. 97-103.

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

(1)  The commission shall, by rule, require participants to be covered by not less than $20,000 of insurance for medical, surgical, and hospital care required as a result of injuries sustained while engaged in matches. The insured shall be the beneficiary of such policies. Any deductible associated with the insurance policy shall be paid by the promoter and shall not be paid by or charged to the participant.

(2)  The commission may also require participants to be covered by not less than $20,000 of life insurance covering deaths caused by injuries received while engaged in matches.

History.--ss. 2, 4, ch. 84-246; s. 99, ch. 85-81; s. 10, ch. 88-365; s. 4, ch. 91-429; s. 14, ch. 2002-172.

548.05  Control of contracts.--

(1)  The commission shall adopt rules governing the form and content of contracts executed in this state between managers and participants. All such contracts shall be in writing and shall contain all provisions specifically worded as required by rules of the commission. Contracts that do not contain all provisions specifically worded as required by rules of the commission shall be deemed to contain such provisions. A copy of all such contracts must be filed with the commission within 7 days after execution.

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

(3)  The commission may require that each contract contain language authorizing the Florida State Boxing Commission to withhold any or all of any manager's share of a purse in the event of a contractual dispute as to entitlement to any portion of a purse. The commission may establish rules governing the manner of resolution of such dispute. In addition, if the commission deems it appropriate, the commission is hereby authorized to implead interested parties over any disputed funds into the appropriate circuit court for resolution of the dispute prior to release of all or any part of the funds.

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

History.--ss. 2, 4, ch. 84-246; s. 11, ch. 88-365; s. 4, ch. 91-429; s. 769, ch. 97-103; s. 126, ch. 99-251; s. 15, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 770, ch. 97-103; s. 16, ch. 2002-172.

548.053  Distribution of purses to participants; statements.--

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

(2)  Unless otherwise directed by a representative of the commission, a manager shall furnish to the participant she or he manages a statement of distribution, together with the participant's share of the purse, no later than 24 hours after the manager receives the purse and statement from the promoter. The manager shall retain a copy of the statement, certified by her or him to be correct, with receipted vouchers for all expenditures and deductions, for a period to be designated by the commission, which copy shall be provided to the commission upon demand.

History.--ss. 2, 4, ch. 84-246; s. 12, ch. 88-365; s. 4, ch. 91-429; s. 771, ch. 97-103; s. 127, ch. 99-251.

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

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

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

(b)  The participant, her or his manager, or any of the participant's seconds has violated this chapter.

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

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

History.--ss. 2, 4, ch. 84-246; s. 13, ch. 88-365; s. 4, ch. 91-429; s. 772, ch. 97-103; s. 128, ch. 99-251.

548.056  Prohibited financial interests in participant; penalties.--

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

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

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

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

History.--ss. 2, 4, ch. 84-246; s. 14, ch. 88-365; s. 4, ch. 91-429; s. 773, ch. 97-103.

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

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

(2)  At each contest, at the expense of the promoters, three judges appointed by the executive director as delegated by the commission shall attend and shall render their individual decisions in writing on scorecards supplied by the commission. Each judge shall have one vote, and a majority of the votes cast shall determine the winner.

(3)  The commission shall ensure that all referees, judges, and other officials are Florida-licensed officials qualified pursuant to rules of the commission and that no sanctioning organization or promoter has been permitted to influence the appointment of any officials, and shall prescribe the methods of scoring.

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

(5)  For matches other than boxing, the commission shall establish such standards and requirements for referees as are deemed necessary.

(6)  No judge licensed in this state shall act as a judge at any match in a state, territory, commonwealth, or Native American Reservation that is not regulated by a state boxing commission unless the match is supervised by a state boxing commission or a Native American commission properly constituted under federal law.

(7)  No judge shall also serve as a supervisor or on the ratings committee or recommend boxers to the ratings committee for a sanctioning body.

(8)  Any person whose application for a judge's license has been denied shall not be permitted to reapply for a judge's license for a period of 6 months. Any person whose application for a judge's license has been denied on three occasions shall not be permitted to reapply.

(9)  The number of judges shall be assigned in accordance with rules of the commission. The number of unofficial judges at each event shall be limited to three by the commission.

(10)  The judges shall be located in seats designated for them by the commission representative.

(11)  If sufficient judges are not available, a referee shall be selected to act as a judge for that specific program of matches.

History.--ss. 2, 4, ch. 84-246; s. 2, ch. 85-21; s. 15, ch. 88-365; s. 4, ch. 91-429; s. 774, ch. 97-103; s. 129, ch. 99-251; s. 17, ch. 2002-172.

548.058  Sham or collusive contest prohibited.--

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

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

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

History.--ss. 2, 4, ch. 84-246; s. 140, ch. 91-224; s. 4, ch. 91-429; s. 775, ch. 97-103.

548.06  Payments to state; exemptions.--

(1)  A promoter holding a match shall, within 72 hours after the match, file with the commission a written report which includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require. For the purposes of this chapter, total gross receipts include:

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

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

(c)  The face value of all tickets sold and complimentary tickets issued, provided, or given; and

(d)  The face value of any seat or seating issued, provided, or given in exchange for advertising, sponsorships, or anything of value to the promotion of an event.

(2)  Where the rights to telecast a match or matches held in this state under the supervision of the Florida State Boxing Commission are in whole owned by, sold to, acquired by, or held by any person who intends to or subsequently sells or, in some other manner, extends such rights in part to another, such person is deemed to be a promoter and must be licensed as such in this state. Such person shall, within 72 hours after the sale, transfer, or extension of such rights in whole or in part, file with the commission a written report that includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require.

(3)  A concessionaire shall, within 72 hours after the match, file with the commission a written report that includes the number of tickets sold, the amount of gross receipts, and any other facts the commission may require.

(4)  Any written report required to be filed with the commission under this section shall be postmarked within 72 hours after the conclusion of the match, and an additional 5 days shall be allowed for mailing.

(5)  The written report shall be accompanied by a tax payment in the amount of 5 percent of the total gross receipts exclusive of any federal taxes, except that the tax payment derived from the gross price charged for the sale or lease of broadcasting, television, and motion picture rights shall not exceed $40,000 for any single event.

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

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

History.--ss. 2, 4, ch. 84-246; s. 3, ch. 85-21; s. 141, ch. 91-224; s. 4, ch. 91-429; s. 18, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 19, ch. 2002-172.

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

History.--ss. 2, 4, ch. 84-246; s. 142, ch. 91-224; s. 4, ch. 91-429.

548.066  Ticket refunds.--

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

(2)  For failure to comply with this section, the commission may declare a promoter's or foreign copromoter's bond or other security forfeited, suspend or revoke the license of a promoter or foreign copromoter, and impose any other penalty provided.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 650, ch. 2003-261.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

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

History.--ss. 2, 4, ch. 84-246; s. 16, ch. 88-365; s. 4, ch. 91-429; s. 776, ch. 97-103.

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

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

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

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

(4)  Is guilty of unprofessional or unethical conduct.

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

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

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

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

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

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

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

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

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 777, ch. 97-103; s. 130, ch. 99-251.

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

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429.

548.074  Power to administer oaths, take depositions, and issue subpoenas.--For the purpose of any investigation or proceeding conducted pursuant to this chapter, the department shall have the power to administer oaths, take depositions, make inspections when authorized by statute, issue subpoenas which shall be supported by affidavit, serve subpoenas and other process, and compel the attendance of witnesses and the production of books, papers, documents, and other evidence. The department shall exercise this power on its own initiative or whenever requested by the commission. Challenges to, and enforcement of, subpoenas and orders shall be handled as provided in s. 120.569.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 20, ch. 2002-172.

548.075  Administrative fines; citations.--

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

(2)  The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to permit the issuance of citations for any violation of this chapter in lieu of or in addition to any other punishment provided for such violation.

History.--ss. 2, 4, ch. 84-246; s. 4, ch. 91-429; s. 21, ch. 2002-172.

548.077  Florida State Boxing Commission; collection and disposition of moneys.--All fees, fines, forfeitures, and other moneys collected under the provisions of this chapter shall be paid by the commission to the Chief Financial Officer who, after the expenses of the commission are paid, shall deposit them in the Professional Regulation Trust Fund to be used for the administration and operation of the commission and to enforce the laws and rules under its jurisdiction. In the event the unexpended balance of such moneys collected under the provisions of this chapter exceeds $250,000, any excess of that amount shall be deposited in the General Revenue Fund.

History.--ss. 2, 4, ch. 84-246; s. 1, ch. 88-132; s. 4, ch. 91-429; s. 43, ch. 96-418; s. 131, ch. 99-251; s. 651, ch. 2003-261.

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

History.--ss. 2, 4, ch. 84-246; s. 143, ch. 91-224; s. 4, ch. 91-429.