Senate Bill 2454c1

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    Florida Senate - 1999                           CS for SB 2454

    By the Committee on Regulated Industries and Senator Sebesta





    315-1929A-99

  1                      A bill to be entitled

  2         An act relating to the State Athletic

  3         Commission; amending s. 548.002, F.S.;

  4         providing definitions; amending s. 548.003,

  5         F.S.; providing procedures for filling

  6         vacancies on the commission; authorizing the

  7         commission to adopt additional rules; deleting

  8         the commission's authority to maintain branch

  9         offices; providing for removal of members from

10         the commission; providing accountability for

11         commission members; requiring the department to

12         provide legal and investigative services;

13         amending s. 548.004, F.S.; providing for an

14         executive director of the commission, employed

15         by the department; providing for the

16         appointment of judges, referees, and other

17         officials; requiring electronic recording of

18         commission proceedings; providing for

19         submission of legislative budget; amending s.

20         548.006, F.S.; providing for the adoption of

21         rules governing pugilistic contests and

22         exhibitions; amending s. 548.007, F.S.;

23         revising the applicability of certain

24         provisions to amateur matches and other matches

25         or events; amending s. 548.008, F.S.;

26         prohibiting professional or amateur toughman

27         and badman competitions; amending s. 548.014,

28         F.S.; revising requirements for promoters and

29         foreign copromoters; revising requirements for

30         the posting of bonds; amending s. 548.025,

31         F.S.; deleting provisions authorizing the

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  1         issuance of licenses without charge; amending

  2         s. 548.041, F.S.; deleting provisions

  3         authorizing certain amateur boxing matches;

  4         amending s. 548.042, F.S.; prohibiting any

  5         participation in a match under a fictitious

  6         name; amending s. 548.043, F.S.; revising

  7         requirements for classifying boxers; revising

  8         requirements for boxing gloves; amending s.

  9         548.045, F.S.; revising terms of office for the

10         medical advisory council; amending s. 548.046,

11         F.S.; revising requirements for the examination

12         of match participants by a physician; amending

13         s. 548.05, F.S., relating to control of

14         contracts; conforming provisions to changes

15         made by the act; amending s. 548.053, F.S.;

16         revising requirements for statements showing

17         the distribution of purses; amending s.

18         548.054, F.S.; revising requirements for the

19         withholding of purses; amending s. 548.057,

20         F.S.; providing for the appointment of judges

21         for boxing contests; amending ss. 548.071,

22         548.077, F.S., relating to the suspension or

23         revocation of a license or permit and the

24         collection and disposition of moneys by the

25         commission; conforming provisions to changes

26         made by the act; providing an effective date.

27

28  Be It Enacted by the Legislature of the State of Florida:

29

30         Section 1.  Section 548.002, Florida Statutes, is

31  amended to read:

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  1         548.002  Definitions.--As used in this act, the term:

  2         (1)  "Amateur" means a person who has never received

  3  nor competed for any purse or other article of value, either

  4  for the expenses of training or for participating in a match,

  5  other than a prize of $50 in value or less.

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

  7         (3)  "Commission" means the Florida State Athletic

  8  Commission.

  9         (4)  "Contest" means a boxing, kickboxing, or martial

10  arts engagement in which the participants strive earnestly to

11  win.

12         (5)  "Department" means the Department of Business and

13  Professional Regulation.

14         (6)(5)  "Exhibition" means a boxing, kickboxing, or

15  martial arts engagement in which the participants show or

16  display their skill without necessarily striving to win.

17         (7)(6)  "Foreign copromoter" means a promoter who has

18  no place of business within this state.

19         (8)(7)  "Judge" means a person who has a vote in

20  determining the winner of any contest.

21         (9)(8)  "Kickboxing" means to compete with the fists,

22  feet, legs, or any combination thereof, and includes

23  "punchkick" and other similar competitions.

24         (10)(9)  "Manager" means any person who, directly or

25  indirectly, controls or administers the boxing, kickboxing, or

26  martial arts affairs of any participant.

27         (11)(10)  "Match" means any contest or exhibition.

28         (12)(11)  "Matchmaker" means a person who brings

29  together professionals or arranges matches for professionals.

30         (13)(12)  "Physician" means an individual licensed to

31  practice medicine and surgery in this state.

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  1         (14)(13)  "Professional" means a person who has

  2  received or competed for any purse or other article of a value

  3  greater than $50, either for the expenses of training or for

  4  participating in any match.

  5         (15)(14)  "Promoter" means any person, and includes any

  6  officer, director, employee, or stockholder of a corporate

  7  promoter, who produces, arranges, or stages any match

  8  involving a professional.

  9         (16)(15)  "Purse" means the financial guarantee or

10  other remuneration for which a professional is participating

11  in a match and includes the professional's share of any

12  payment received for radio broadcasting, television, and

13  motion picture rights.

14         (17)  "Secretary" means the Secretary of Business and

15  Professional Regulation.

16         Section 2.  Section 548.003, Florida Statutes, 1998

17  Supplement, is amended to read:

18         548.003  Florida State Athletic Commission.--

19         (1)  The Florida State Athletic Commission is created

20  under the Department of Business and Professional Regulation.

21  The Florida State Athletic Commission shall consist of five

22  members appointed by the Governor, subject to confirmation by

23  the Senate. Upon the expiration of the term of a commissioner,

24  the Governor shall appoint a successor to serve for a 4-year

25  term. A commissioner whose term has expired shall continue to

26  serve on the commission until a replacement is appointed. If a

27  vacancy on the commission occurs prior to the expiration of

28  the term, it shall be filled for the unexpired portion of the

29  term in the same manner as the original appointment.

30         (2)  The Florida State Athletic Commission, as created

31  by subsection (1), shall administer the provisions of this

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  1  chapter. The commission has authority to adopt rules pursuant

  2  to ss. 120.536(1) and 120.54 to implement the provisions of

  3  this chapter, including, but not limited to, each of the

  4  duties and responsibilities conferred upon the commission;

  5  qualifications for the appointment of referees and judges;

  6  setting fee and reimbursement schedules for officials

  7  appointed by the commission; and the development of an ethical

  8  code of conduct for commissioners, commission staff, and

  9  commission officials.

10         (3)  The commission shall maintain an office in

11  Tallahassee and any necessary branch offices.  At the first

12  meeting of the commission after June 1 of each year, the

13  commission shall select a chair and a vice chair from among

14  its membership.  Three members shall constitute a quorum and

15  the concurrence of at least three members is necessary for

16  official commission action.

17         (4)  Three consecutive unexcused absences or absences

18  constituting 50 percent or more of the commission's meetings

19  within any 12-month period shall cause the commission

20  membership of the member in question to become void, and the

21  position shall be considered vacant. The commission shall, by

22  rule, define unexcused absences.

23         (5)  Each commission member shall be accountable to the

24  Governor for the proper performance of duties as a member of

25  the commission. The Governor shall cause to be investigated

26  any complaint or unfavorable report received by the Governor

27  or the department concerning an action of the commission or

28  any member and shall take appropriate action thereon. The

29  Governor may remove from office any member for malfeasance,

30  unethical conduct, misfeasance, neglect of duty, incompetence,

31  permanent inability to perform official duties, or pleading

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    Florida Senate - 1999                           CS for SB 2454
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  1  guilty or nolo contendere to or being found guilty of a

  2  felony.

  3         (6)(4)  Each member of the commission shall be

  4  compensated at the rate of $50 $25 for each day she or he

  5  attends a commission meeting and shall be reimbursed for other

  6  expenses as provided in s. 112.061.

  7         (7)  The department shall provide all legal and

  8  investigative services necessary to implement this chapter.

  9  The department may adopt rules as provided in ss. 120.54 and

10  120.536(1) to carry out its duties under this chapter.

11         Section 3.  Section 548.004, Florida Statutes, is

12  amended to read:

13         548.004  Executive director secretary; deputies;

14  duties, compensation.--

15         (1)  The department commission shall employ an

16  executive director of the commission secretary who shall

17  receive a salary to be fixed by the commission with the

18  approval of the Governor.  The executive director secretary

19  shall keep a record of all proceedings of the commission;

20  shall preserve all books, papers, and documents pertaining to

21  the business of the commission; shall prepare any notices and

22  papers required; shall appoint judges, referees, and other

23  officials, as delegated by the commission and pursuant to this

24  chapter and the rules of the commission; and shall perform

25  such other duties as the department commission directs.  The

26  executive secretary may issue witness subpoenas and administer

27  oaths.

28         (2)  The commission shall require electronic recording

29  of all scheduled proceedings of the commission.

30         (3)  The department shall submit an annual balanced

31  legislative budget to be based upon anticipated revenue.

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  1         (2)  The commission may appoint any deputies that are

  2  necessary, whose compensation shall be the same as that of the

  3  commissioners.  A deputy shall, on the order of the

  4  commission, represent the commission at a boxing match.

  5         Section 4.  Section 548.006, Florida Statutes, is

  6  amended to read:

  7         548.006  Power of commission to control pugilistic

  8  contests and exhibitions.--The commission has exclusive

  9  jurisdiction over every match held within the state which

10  involves a professional.  Matches shall be held only in

11  accordance with this chapter and the rules adopted under this

12  chapter.

13         Section 5.  Section 548.007, Florida Statutes, is

14  amended to read:

15         548.007  Applicability of act to amateur matches and

16  certain other matches or events.--With the exception of s.

17  548.008, ss. Sections 548.001-548.079 do not apply to:

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

19         (2)  Any match conducted or sponsored by a university,

20  college, or secondary school if all the participants are

21  students regularly enrolled in the institution;

22         (3)  Any match conducted or sponsored by a nationally

23  chartered veterans' organization registered with the state;

24         (4)  Any match conducted or sponsored by any company or

25  detachment of the Florida National Guard; or

26         (5)  Any official Olympic event.

27         Section 6.  Section 548.008, Florida Statutes, is

28  amended to read:

29         548.008  Toughman and badman competition prohibited.--

30         (1)  A professional or amateur No toughman or badman

31  match, as described in this section, may not be held in this

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    Florida Senate - 1999                           CS for SB 2454
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  1  state.  Such competition includes any contest or exhibition

  2  where participants compete by using a combination of fighting

  3  skills.  Such skills may include, but are not limited to,

  4  boxing, wrestling, kicking, or martial arts skills.

  5  Notwithstanding the above, this section does shall not

  6  preclude kickboxing as regulated by this chapter.

  7         (2)  Any person participating in or promoting a

  8  professional or amateur toughman or badman match commits is

  9  guilty of a misdemeanor of the second degree, punishable as

10  provided in s. 775.082 or s. 775.083.

11         Section 7.  Section 548.014, Florida Statutes, is

12  amended to read:

13         548.014  Promoters and foreign copromoters; bonds or

14  other security.--

15         (1)(a)  Before any license is issued or renewed to a

16  promoter or foreign copromoter and before any permit is issued

17  to a promoter or foreign copromoter, she or he must file a

18  surety bond with the commission in such reasonable amount, but

19  not less than $15,000 $3,000, as the commission determines.

20         (b)  All bonds must shall be upon forms approved by the

21  Department of Legal Affairs and supplied by the commission.

22         (c)  The sufficiency of any surety is subject to

23  approval of the commission and the Department of Legal

24  Affairs.

25         (d)  The surety bond must shall be conditioned upon the

26  faithful performance by the promoter or foreign copromoter of

27  her or his obligations under this chapter and upon the

28  fulfillment of her or his contracts with any other licensees

29  under this chapter.  However, the aggregate annual liability

30  of the surety for all obligations and fees may shall not

31  exceed the amount of the bond.

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  1         (2)  In lieu of a surety bond, the promoter or foreign

  2  copromoter may deposit with the commission cash or, a

  3  certified check, or direct obligations of the United States or

  4  this state which are acceptable to the commission in an

  5  equivalent amount and subject to the same conditions as the

  6  bond.  No Such security may not be returned to the promoter

  7  until 1 year after the date on which it was deposited with the

  8  commission unless a surety bond is substituted for it.  If no

  9  claim against the deposit is outstanding, it shall be returned

10  to the depositor 1 year after from the date it was deposited.

11         (3)  A filing fee of $10 shall accompany each bond,

12  cash, or security deposited under this section.

13         (3)(4)  Recovery may be made against any bond, cash, or

14  other security in the same manner as penalties are recoverable

15  at law.

16         Section 8.  Section 548.025, Florida Statutes, is

17  amended to read:

18         548.025  License fees.--

19         (1)  The commission shall set license fees as follows:

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

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

22         (2)  The commission may issue licenses, without charge,

23  to referees and physicians authorizing them to officiate only

24  at matches involving amateurs.

25         Section 9.  Section 548.041, Florida Statutes, is

26  amended to read:

27         548.041  Age of boxers.--A person under 18 years of age

28  may not participate in any match, except that an amateur who

29  is 16 or 17 years of age may participate in matches with other

30  amateurs who are 16 or 17 years of age under rules adopted by

31  the commission.

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  1         Section 10.  Section 548.042, Florida Statutes, is

  2  amended to read:

  3         548.042  Participation under fictitious name.--A person

  4  may not participate under a fictitious or assumed name in any

  5  match involving an amateur unless she or he has registered the

  6  name with the commission.

  7         Section 11.  Section 548.043, Florida Statutes, is

  8  amended to read:

  9         548.043  Weights and classes, limitations; gloves.--

10         (1)  The commission shall establish classes of boxers

11  based upon weights.

12         (2)  The commission shall establish by rule the

13  acceptable No boxing match shall be held in which the

14  difference in weight between of the participants; however, the

15  maximum difference in weight may not exceed 12 exceeds 10

16  pounds, except matches in the cruiserweight light-heavyweight

17  and heavyweight classes and exhibitions held solely for

18  training purposes.

19         (3)  The commission shall establish by rule the

20  appropriate weight of boxing gloves to be used in each boxing

21  match; however, all participants in boxing matches shall wear

22  boxing gloves weighing not less than 8 6 ounces each.

23  Participants in all other types of matches shall wear such

24  protective devices as the commission deems necessary.

25         Section 12.  Subsections (1) and (2) of section

26  548.045, Florida Statutes, are amended to read:

27         548.045  Medical advisory council; qualifications,

28  compensation, powers and duties.--

29         (1)  A medical advisory council, which shall consist of

30  five members appointed by the Governor, is created.  Each

31  member must be licensed to practice medicine in this state and

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  1  must, at the time of her or his appointment, have practiced

  2  medicine at least 5 years.

  3         (2)  Initially, two of the members shall be appointed

  4  for terms of 1 year, one member shall be appointed for a term

  5  of 2 years, one member shall be appointed for a term of 3

  6  years, and one member shall be appointed for a term of 4

  7  years. The term of each member thereafter appointed, except to

  8  fill a vacancy, shall be 2 4 years.

  9         Section 13.  Subsection (2) of section 548.046, Florida

10  Statutes, is amended to read:

11         548.046  Physician's attendance at match; examinations;

12  cancellation of match.--

13         (2)  In addition to any other required examination,

14  each participant shall be examined by the attending physician

15  at the time of weigh-in within 12 hours before she or he

16  enters the ring.  If the physician determines that a

17  participant is physically or mentally unfit to proceed, the

18  physician shall notify any commissioner or the deputy in

19  charge who shall immediately cancel the match.  The

20  examination shall conform to rules adopted by the commission

21  based on the advice of the medical advisory council. The

22  result of the examination shall be reported in a writing

23  signed by the physician and filed with the commission prior to

24  completion of the weigh-in within 72 hours after the match.

25         Section 14.  Subsections (3) and (4) of section 548.05,

26  Florida Statutes, are amended to read:

27         548.05  Control of contracts.--

28         (3)  The commission may require that each contract

29  contain language authorizing the Florida State Athletic

30  Commission to withhold any or all of any manager's share of a

31  purse in the event of a contractual dispute as to entitlement

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  1  to any portion of a purse.  The commission may establish rules

  2  governing the manner of resolution of such dispute.  In

  3  addition, if the commission deems it appropriate, the

  4  commission is hereby authorized to implead interested parties

  5  over any disputed funds into the appropriate circuit court for

  6  resolution of the dispute prior to release of all or any part

  7  of the funds.

  8         (4)  Each contract subject to this section shall

  9  contain the following clause:  "This agreement is subject to

10  the provisions of chapter 548, Florida Statutes, and to the

11  rules of the Florida State Athletic Commission and to any

12  future amendments of either."

13         Section 15.  Section 548.053, Florida Statutes, is

14  amended to read:

15         548.053  Distribution of purses to participants;

16  statements.--

17         (1)  Unless otherwise directed by a representative of

18  the commission, all purses shall be distributed by the

19  promoter no later than 24 hours after the match.  A written

20  statement showing the distribution of the purse, including

21  each item of receipt and each expenditure or deduction, shall

22  be furnished to the participant and her or his manager,

23  together with the participant's share of the purse.  The

24  promoter shall retain file a copy of the statement, certified

25  by her or him to be correct, with receipted vouchers for all

26  expenditures and deductions, for a period to be designated by

27  the commission, which copy must be provided to the commission

28  upon demand with the commission no later than 72 hours after

29  the match.

30         (2)  Unless otherwise directed by a representative of

31  the commission, a manager shall furnish to the participant she

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  1  or he manages a statement of distribution, together with the

  2  participant's share of the purse, no later than 24 hours after

  3  the manager receives the purse and statement from the

  4  promoter.  The manager shall retain file a copy of the

  5  statement, certified by her or him to be correct, with

  6  receipted vouchers for all expenditures and deductions, for a

  7  period to be designated by the commission, which copy must be

  8  provided to the commission upon demand with the commission no

  9  later than 72 hours after the manager receives the

10  distribution from the promoter.

11         Section 16.  Subsection (1) of section 548.054, Florida

12  Statutes, is amended to read:

13         548.054  Withholding of purses; hearing; disposition of

14  withheld purse forfeiture.--

15         (1)  A member of the commission, the executive director

16  deputy in charge, or the referee may order a promoter to

17  surrender to the commission withhold any purse or other funds

18  payable to a participant, or to withhold the share of any

19  manager, if it appears that:

20         (a)  The participant is not competing honestly, or is

21  intentionally not competing to the best of her or his ability

22  and skill, in a match represented to be a contest; or

23         (b)  The participant, her or his manager, or any of the

24  participant's seconds has violated this chapter.

25         Section 17.  Subsections (2) and (3) of section

26  548.057, Florida Statutes, are amended to read:

27         548.057  Attendance of referee and judges at match;

28  scoring; seconds.--

29         (2)  At each boxing contest, at the expense of the

30  promoters, three judges who are appointed by the executive

31  director, as delegated by and with the consent of, the

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  1  commission shall attend and shall render their individual

  2  decisions in writing on scorecards supplied by the commission

  3  at the end of each contest which continues for the scheduled

  4  number of rounds.  Each judge shall have one vote, and a

  5  majority of the votes cast shall determine the winner.

  6         (3)  The commission shall ensure that all referees,

  7  judges, and other officials are officials licensed in this

  8  state who are qualified under rules of the commission and that

  9  a sanctioning organization or promoter has not influenced the

10  appointment of any official, and shall prescribe the methods

11  of scoring.

12         Section 18.  Subsection (12) of section 548.071,

13  Florida Statutes, is amended to read:

14         548.071  Suspension or revocation of license or permit

15  by commission.--The commission may suspend or revoke a license

16  or permit if the commission finds that the licensee or

17  permittee:

18         (12)  Has been disciplined by the Florida State

19  Athletic Commission or similar agency or body of any

20  jurisdiction.

21         Section 19.  Section 548.077, Florida Statutes, is

22  amended to read:

23         548.077  Florida State Athletic Commission; collection

24  and disposition of moneys.--All fees, fines, forfeitures, and

25  other moneys collected under the provisions of this chapter

26  shall be paid by the commission to the State Treasurer who,

27  after the expenses of the commission are paid, shall deposit

28  them in the Professional Regulation Trust Fund to be used for

29  the administration and operation of the commission and to

30  enforce the laws and rules under its jurisdiction.  In the

31  event the unexpended balance of such moneys collected under

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  1  the provisions of this chapter exceeds $250,000, any excess of

  2  that amount shall be deposited in the General Revenue Fund.

  3         Section 20.  This act shall take effect upon becoming a

  4  law.

  5

  6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  7                             SB 2454

  8

  9  Retains the State Athletic Commission in the Department of
    Business and Professional Regulation instead of moving it to
10  the Office of Tourism, Trade, and Economic Development;

11  Makes commission members accountable to the Governor for the
    proper performance of duties and authorizes the Governor to
12  have a commissioner investigated and to remove a commissioner
    for specified grounds;
13
    Requires the Department to provide all necessary legal and
14  investigative services;

15  Includes in the duties of the commission the development of an
    ethical code of conduct for commissioners, commission staff,
16  and commission officials;

17  Increases compensation for commissioners from $25 for each day
    of attendance at a commission meeting to $50 for each day of
18  attendance;

19  Deletes the authority for branch commission offices;

20  Provides that the commission's executive officer is to be an
    executive director employed by the Department, not the
21  commission;

22  Requires the Department to submit an annual balanced
    legislative budget based upon anticipated revenue;
23
    Requires the commission to electronically record all scheduled
24  commission proceedings;

25  Increases the amount of the bond that a foreign copromoter
    must file from $3,000 to $15,000 and requires that promoters
26  file the bond as well; and

27  Deletes a $10 filing fee on the filing of each bond.

28

29

30

31

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