Senate Bill 2026
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Florida Senate - 2000 SB 2026
By Senator Kurth
15-1159-00
1 A bill to be entitled
2 An act relating to the Florida State Boxing
3 Commission; amending s. 548.002, F.S.; defining
4 the term "second"; amending ss. 548.003,
5 548.041, 548.043, 548.046, 548.049, F.S.;
6 adding requirements governing facilities,
7 safety, participants, representatives; other
8 personnel and their responsibilities, and the
9 weighing of participants; prescribing licensure
10 requirements and providing for suspension or
11 revocation of licenses under specified
12 circumstances; providing for drug testing;
13 increasing insurance requirements; amending s.
14 548.008, F.S.; revising provisions prohibiting
15 toughman or badman competition and increasing
16 penalties with respect to violations of such
17 prohibition; creating s. 548.024, F.S.;
18 authorizing background investigations of
19 applicants for licensure; amending s. 548.05,
20 F.S.; adding requirements regarding contracts;
21 amending s. 548.057, F.S.; adding requirements
22 regarding judges; amending s. 548.074, F.S.;
23 revising provisions relating to investigative
24 powers; amending s. 548.079, F.S.; providing a
25 penalty for the submission of false
26 information; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Present subsection (17) of section 548.002,
2 Florida Statutes, is redesignated as subsection (18) and a new
3 subsection (17) is added to that section to read:
4 548.002 Definitions.--As used in this act, the term:
5 (17) "Second" means a person, also known as a
6 cornerman, who is licensed to assist a fight participant
7 between rounds and maintain the corner of the participant
8 during the match.
9 Section 2. Subsection (2) of section 548.003, Florida
10 Statutes, is amended to read:
11 548.003 Florida State Boxing Commission; organization;
12 meetings; accountability of commission members; compensation
13 and travel expenses; association membership and
14 participation.--
15 (2) The Florida State Boxing Commission, as created by
16 subsection (1), shall administer the provisions of this
17 chapter. The commission has authority to adopt rules pursuant
18 to ss. 120.536(1) and 120.54 to implement the provisions of
19 this chapter and to implement each of the duties and
20 responsibilities conferred upon the commission, including, but
21 not limited to:
22 (a) Developing development of an ethical code of
23 conduct for commissioners, commission staff, and commission
24 officials;
25 (b) Establishing facility and safety requirements
26 relating to the ring, floor plan, apron seating, emergency
27 medical equipment and services, and other equipment and
28 services necessary for conducting a program of matches;
29 (c) Establishing requirements regarding a
30 participant's apparel, bandages, handwraps, gloves,
31 mouthpiece, and appearance during a match;
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1 (d) Establishing requirements relating to a manager's
2 participation, presence, and conduct during a match;
3 (e) Establishing duties and responsibilities of
4 licenses under this chapter;
5 (f) Providing for the appointment of and establishing
6 criteria for inspectors and chief inspectors, and their duties
7 with respect to overseeing and coordinating activities for
8 each program of matches regulated under this chapter;
9 (g) Providing for the designation of and establishing
10 the duties of a knockdown timekeeper;
11 (h) Establishing procedures for hearings and
12 resolution of disputes;
13 (i) Establishing qualifications for the appointment of
14 referees and judges; and
15 (j) Setting fee and reimbursement schedules for
16 referees and other officials appointed by the commission or
17 its designee.
18 Section 3. Section 548.008, Florida Statutes, is
19 amended to read:
20 548.008 Toughman and badman competition prohibited.--
21 (1) No professional or amateur toughman or badman
22 match, as determined by the executive director described in
23 this section, may be held in this state. Such competition
24 includes any contest or exhibition where participants compete
25 by using a combination of fighting skills. Such skills may
26 include, but are not limited to, boxing, wrestling, kicking,
27 or martial arts skills. Notwithstanding the above, this
28 section shall not preclude kickboxing as regulated by this
29 chapter.
30 (2) Any person participating in or promoting a
31 professional or amateur toughman or badman match is guilty of
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1 a felony misdemeanor of the third second degree, punishable as
2 provided in s. 775.082 or s. 775.083.
3 Section 4. Section 548.024, Florida Statutes, is
4 created to read:
5 548.024 Background investigation for licensure
6 applicants.--
7 (1) The commission may adopt rules that provide for
8 background investigations of applicants for licensure in order
9 to determine whether they are of good moral character,
10 including, without limitation, investigations into the
11 criminal and financial history of the applicants.
12 (2) The commission may require an applicant to submit
13 to the department a fingerprint card, to be forwarded to the
14 Division of Criminal Justice Information Systems of the
15 Department of Law Enforcement and to the Federal Bureau of
16 Investigation, to determine whether the applicant has a
17 criminal history record. The information obtained by the
18 processing of the fingerprint card shall be sent to the
19 department to determine whether the applicant is qualified for
20 licensure.
21 Section 5. Section 548.041, Florida Statutes, is
22 amended to read:
23 548.041 Age, condition, and suspension of boxers.--
24 (1) A person under 18 years of age may not participate
25 in any match.
26 (2) A person may not be licensed as a participant, and
27 the license of any participant must be suspended or revoked if
28 such person is:
29 (a) Under the age of 18;
30 (b) Found to have participated in a match in this
31 state which was not sanctioned by the commission; or
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1 (c) Does not meet health and medical examination
2 conditions required by the commission.
3 (3)(a) The license of a participant who loses a match
4 by knockout as a result of being counted out in any
5 jurisdiction shall be automatically suspended for a period of
6 time as determined by the attending physician or commission
7 representative, or at least 60 calendar days from the date of
8 the knockout, whichever is longer. A participant may not
9 engage in any match, contact exhibition, or contact sparring
10 for training purposes during the suspension period. After the
11 suspension period and before engaging in any match, contact
12 exhibition, or contact sparring, the participant must be
13 examined by a physician. The participant shall advise the
14 physician of the previous knockout or technical draw and shall
15 provide medical records or permission for the physician to
16 consult with the physician who treated the participant at the
17 time of the knockout. The results of this examination must be
18 filed with the commission before any further matches may be
19 approved for the participant.
20 (b) The license of a participant who loses a match by
21 technical knockout, or technical draw, or disqualification
22 shall be automatically suspended for a period of time to be
23 determined by the physician or commission representative, but
24 not less than 30 days from the date of the match. A
25 participant may not engage in any match, contact exhibition,
26 or contact sparring for training purposes during the
27 suspension period without the approval of the physician. After
28 the suspension period and before engaging in any match,
29 contact exhibition, or contact sparring the participant must
30 be examined by a physician. The participant shall advise the
31 physician of the previous knockout or technical draw and shall
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1 provide medical records or permission for the physician to
2 consult with the physician who treated the participant at the
3 time of the knockout or technical draw. The results of the
4 examination must be filed with the commission before any
5 further matches may be approved for the participant. The
6 commission representative shall determine whether a medical
7 clearance is required following a suspension because of a
8 disqualification.
9 (c) A participant whose license has been suspended by
10 any state because of a recent knockout or series of
11 consecutive losses, injury, requirement for a medical
12 procedure, physician denial of certification, failure of a
13 drug test, use of false aliases, or falsifying or attempting
14 to falsify official identification cards or documents may not
15 participate in this state until the state in which the
16 participant's license was suspended lifts the suspension or
17 until the requirements of the suspension have been fulfilled
18 and proof thereof has been provided to the commission. If the
19 license of a participant has been suspended in another state
20 for any other reason, the participant may participate if the
21 state in which the participant's license was suspended is
22 consulted by this state prior to granting approval to
23 participate or if the participant appeals to the Association
24 of Boxing Commissions and it determines that the suspension
25 was without sufficient grounds, was for an improper purpose,
26 or was not related to the health or safety of the participant.
27 (d) The license of any participant who fails to appear
28 at a match or fails to appear timely at a match for which the
29 participant or the participant's manager has been contracted
30 and does not provide a valid reason or, in the case of
31 physical disability, has not furnished a physician's
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1 certificate shall be suspended for a period to be determined
2 by the commission. In making this determination, the
3 commission shall consider:
4 1. The relative importance of the match;
5 2. The participant's record of punctuality and
6 tardiness; and
7 3. The reasons for the participant's failure to appear
8 or appear timely.
9 (e) The license of a participant shall be revoked and
10 may not be reinstated, if the participant intentionally
11 strikes, strikes at, or intentionally touches or threatens to
12 touch, an official.
13 Section 6. Subsection (4) is added to section 548.043,
14 Florida Statutes, to read:
15 548.043 Weights and classes, limitations; gloves.--
16 (4) Participants in matches must be weighed on the
17 same scale at a time and place determined by the commission or
18 its representative, in the presence of the opponent and a
19 commission representative. If a participant does not arrive at
20 the weigh-in at the scheduled time, the participant's opponent
21 may be weighed without the participant present, and the
22 opponent retains the right of observing the weighing in of the
23 tardy participant. The weigh-in may not occur earlier than 4
24 p.m. on the day preceding the date of the program of matches
25 or at such other time designated by the commission.
26 Section 7. Section 548.046, Florida Statutes, is
27 amended to read:
28 548.046 Physician's attendance at match; examinations;
29 cancellation of match.--
30 (1) The commission or its designee shall assign to
31 each match at least one a physician who shall observe the
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1 physical condition of the participants and advise the
2 commissioner or commission representative deputy in charge and
3 the referee of the participants' conditions before, and
4 during, and after the match. The commission shall establish a
5 schedule of fees for the physician's services. The
6 physician's fee shall be paid by the promoter of the match
7 attended by the physician.
8 (2) In addition to any other required examination,
9 each participant shall be examined by the attending physician
10 at the time of weigh-in. If the physician determines that a
11 participant is physically or mentally unfit to proceed, the
12 physician shall notify any commissioner or the commission
13 representative who shall immediately cancel the match. The
14 examination shall conform to rules adopted by the commission
15 based on the advice of the medical advisory council. The
16 result of the examination shall be reported in a writing
17 signed by the physician and filed with the commission prior to
18 completion of the weigh-in.
19 (3)(a) When the commission representative believes
20 that a participant has ingested or used a prohibited drug or
21 foreign substance, the commission representative shall request
22 and the participant shall provide, under supervision of the
23 attending physician, commission representative, or inspector,
24 a urine sample taken not more than 1 hour after the conclusion
25 of the match. A participant may not use substances or methods
26 that would alter the integrity of the urine sample. Urine
27 samples must be taken in accordance with the protocol agreed
28 upon in writing between the commission and the laboratory used
29 for processing the urine samples.
30 (b) The refusal to provide a urine sample immediately
31 upon request shall result in the revocation of the
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1 participant's license. A participant who has been adjudged the
2 loser of a match and who subsequently refuses or is unable to
3 provide a urine sample shall forfeit his share of the purse to
4 the commission. Any participant who is adjudged the winner of
5 a match and who subsequently refuses or is unable to provide a
6 urine sample shall forfeit the win and not be allowed to
7 engage in any future match, and a no-decision result shall be
8 entered into the official record as the result of the match.
9 The purse shall be redistributed as though the participant had
10 lost the match. If redistribution of the purse is unnecessary
11 or after redistribution has been accomplished, the participant
12 who is in violation of this subsection shall forfeit his or
13 her share of the purse to the commission.
14 (4) The attending physician shall provide medical
15 assistance at the facility, and shall have complete charge and
16 be given the full cooperation of all commission
17 representatives and licensees regarding any illness or injury
18 sustained by any person under the jurisdiction of the
19 commission as a result of a match. If the physician determines
20 that the referee has received an injury that prohibits the
21 referee from continuing to officiate, the physician must
22 notify the commission representative, who shall temporarily
23 halt the match. The physician shall attend to the injured
24 referee until the referee is no longer in danger or has been
25 transferred to the care of another qualified person.
26 Section 8. Subsection (1) of section 548.049, Florida
27 Statutes, is amended to read:
28 548.049 Medical, surgical, and hospital insurance;
29 life insurance.--
30 (1) The commission shall, by rule, require
31 participants to be covered by not less than $5,000 $2,500 of
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1 insurance for medical, surgical, and hospital care required as
2 a result of injuries sustained while engaged in matches. The
3 insured shall be the beneficiary of such policies. Any
4 deductible associated with the insurance policy shall be paid
5 by the promoter and may not be charged to the participant.
6 Section 9. Subsection (1) of section 548.05, Florida
7 Statutes, is amended to read:
8 548.05 Control of contracts.--
9 (1) The commission shall adopt rules governing the
10 form and content of contracts between promoters, foreign
11 copromoters, and professionals. All such contracts must shall
12 be in writing and must contain all provisions required by
13 commission rule. Contracts that do not contain such provisions
14 will be deemed to contain them.
15 Section 10. Subsections (6), (7), (8), (9), and (10)
16 are added to section 548.057, Florida Statutes, to read:
17 548.057 Attendance of referee and judges at match;
18 scoring; seconds.--
19 (6) A judge licensed in this state may not act as a
20 judge at any match in a state, territory, commonwealth, or
21 Native American Reservation that does not have a state boxing
22 commission unless the match is supervised by a state boxing
23 commission.
24 (7) A judge may not also serve as a supervisor, serve
25 on the ratings committee, or recommend boxers to the ratings
26 committee for a sanctioning body.
27 (8) A person whose application for a judge license has
28 been denied may not reapply for a judge license within 6
29 months. Any person whose application has been denied three
30 times may not reapply.
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1 (9) An event may not have more than three unofficial
2 judges.
3 (10) The number of judges shall be assigned pursuant
4 to commission rules. If a sufficient number of judges are
5 unavailable, a referee shall be selected to act as a judge for
6 that specific program of matches. Judges shall be located in
7 seats designated for them by the commission representative.
8 Section 11. Section 548.074, Florida Statutes, is
9 amended to read:
10 548.074 Power to administer oaths, take depositions,
11 and issue subpoenas.--The department may administer oaths,
12 take depositions, conduct inspections when authorized by
13 statute, issue subpoenas pursuant to affidavit, serve
14 subpoenas and other process, and compel the attendance of
15 witnesses and the production of evidence, on its own
16 initiative or when requested by the commission. Challenges to
17 and the enforcement of subpoenas and orders shall be governed
18 by s. 120.569. In addition to the powers of subpoena in
19 chapter 120, each member of the commission may issue subpoenas
20 requiring the attendance and testimony of, or the production
21 of books and papers by, any person whom the commission
22 believes to have information or documents of importance to any
23 commission investigation.
24 Section 12. Subsection 548.079, Florida Statutes, is
25 amended to read:
26 548.079 Penalties Misdemeanors.--
27 (1) Unless otherwise specified, any person convicted
28 of any offense set forth in this chapter is guilty of a
29 misdemeanor of the second degree, punishable as provided in s.
30 775.082 or s. 775.083.
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1 (2) Any person who seeks to obtain a license by means
2 of false or fraudulent representations or who otherwise makes
3 false statements concerning his or her medical history, boxing
4 record, or other personal information is guilty of a
5 misdemeanor of the second degree, punishable as provided in s.
6 775.082 or s. 775.083.
7 Section 13. This act shall take effect July 1, 2000.
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10 SENATE SUMMARY
11 Revises provisions relating to boxing. Requires seconds
to be licensed. Provides additional duties for the
12 Florida State Boxing Commission. Increases penalties for
participating in toughman and badman matches. Requires
13 certain background investigations for licensure
applicants. Establishes licensure requirements. Requires
14 automatic suspensions for certain losers of matches.
Provides for other suspensions and reinstatement.
15 Provides additional weigh-in guidelines. Revises
requirements related to fight physicians. Provides for
16 the testing of participants. Increases an insurance
requirement and provides standards for contracts.
17 Prohibits judges from engaging in certain activities and
adds judging guidelines. Provides additional powers to
18 the commission related to oaths, depositions,
inspections, subpoenas, and process. Provides a penalty
19 for obtaining a license by false or fraudulent means.
(See bill for details.)
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