House Bill hb1087

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    Florida House of Representatives - 2001                HB 1087

        By Representatives Pickens and Davis






  1                      A bill to be entitled

  2         An act relating to the Florida State Boxing

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

  4         providing a definition; amending s. 548.003,

  5         F.S.; requiring one member of the Florida State

  6         Boxing Commission to be a licensed physician;

  7         providing additional duties and

  8         responsibilities of the commission; amending s.

  9         548.008, F.S.; increasing the penalty for

10         participating in or promoting a toughman or

11         badman competition; providing for certification

12         of violations; amending s. 548.017, F.S.;

13         providing requirements for ringside physicians;

14         amending s. 548.021, F.S.; providing a criminal

15         penalty for attempting to obtain a license by

16         means of fraudulent information; creating s.

17         548.024, F.S.; authorizing the commission to

18         adopt rules which provide for background

19         investigations of applicants for licensure;

20         authorizing the commission to require

21         submission of fingerprint cards; providing

22         procedure for processing fingerprint cards;

23         amending s. 548.028, F.S.; expanding provisions

24         with respect to persons whom the commission

25         shall not license; amending s. 548.041, F.S.;

26         providing requirements and restrictions with

27         respect to age, condition, and suspension of

28         boxers; providing for revocation of license

29         under specified circumstances; amending s.

30         548.043, F.S.; providing requirements and

31         procedure for the weighing of participants in a

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  1         boxing match; amending s. 548.046, F.S.;

  2         revising provisions with respect to physicians'

  3         attendance at boxing matches; providing state

  4         insurance coverage and sovereign immunity

  5         protection for assigned physicians; requiring

  6         the provision of urine samples by participants

  7         under specified circumstances; providing for

  8         revocation of license for failure or refusal to

  9         provide a required urine sample; providing

10         conditions with respect to forfeiture and

11         redistribution of purse upon failure or refusal

12         to provide a required urine sample; specifying

13         authority of physicians at boxing matches;

14         providing procedure in the event of injury of a

15         referee; amending s. 548.049, F.S.; increasing

16         the minimum coverage amount of required

17         insurance for participants in boxing matches;

18         requiring promoters to pay any deductible for

19         such insurance policy; amending s. 548.05,

20         F.S.; providing additional requirements with

21         respect to contracts between managers and

22         professionals; amending s. 548.057, F.S.;

23         placing specified restrictions on judges of

24         boxing matches; providing requirements with

25         respect to number and location of judges;

26         amending s. 548.06, F.S.; providing that

27         required reports and tax payments on total

28         gross receipts of matches apply only to matches

29         held within the state; exempting the sale of

30         tickets for the viewing of matches via closed

31         circuit telecast; amending s. 548.061, F.S.;

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  1         requiring promoters holding or showing boxing

  2         matches on a closed circuit telecast viewed

  3         within the state to file required reports and

  4         remit gross receipts tax payments for such

  5         showings; amending s. 548.074, F.S.; providing

  6         that the department shall have the power to

  7         administer oaths, take depositions, make

  8         inspections, serve subpoenas, and compel the

  9         attendance of witnesses and other evidence;

10         amending s. 548.075, F.S.; authorizing the

11         commission to adopt rules to permit the

12         issuance of citations; repealing s. 548.045,

13         F.S., relating to the creation, qualifications,

14         compensation, and powers and duties of the

15         medical advisory council; providing an

16         effective date.

17

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

19

20         Section 1.  Subsection (17) of section 548.002, Florida

21  Statutes, is renumbered as subsection (18), and a new

22  subsection (17) is added to said section to read:

23         548.002  Definitions.--As used in this act, the term:

24         (17)  "Second" or "cornerman" means a person who

25  assists the fight participant between rounds and maintains the

26  corner of the participant during the match.

27         Section 2.  Subsections (1) and (2) of section 548.003,

28  Florida Statutes, are amended to read:

29         548.003  Florida State Boxing Commission; powers;

30  organization; meetings; accountability of commission members;

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  1  compensation and travel expenses; association membership and

  2  participation.--

  3         (1)  The Florida State Boxing Commission is created and

  4  is assigned to the Department of Business and Professional

  5  Regulation for administrative and fiscal accountability

  6  purposes only. The Florida State Boxing Commission shall

  7  consist of five members appointed by the Governor, subject to

  8  confirmation by the Senate. One member must be a physician

  9  licensed pursuant to chapter 458 or chapter 459, who must

10  maintain an unencumbered license in good standing, and who

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

12  medicine for at least 5 years. Upon the expiration of the term

13  of a commissioner, the Governor shall appoint a successor to

14  serve for a 4-year term. A commissioner whose term has expired

15  shall continue to serve on the commission until such time as a

16  replacement is appointed.  If a vacancy on the commission

17  occurs prior to the expiration of the term, it shall be filled

18  for the unexpired portion of the term in the same manner as

19  the original appointment.

20         (2)  The Florida State Boxing Commission, as created by

21  subsection (1), shall administer the provisions of this

22  chapter. The commission has authority to adopt rules pursuant

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

24  this chapter and to implement each of the duties and

25  responsibilities conferred upon the commission, including, but

26  not limited to:

27         (a)  Development of an ethical code of conduct for

28  commissioners, commission staff, and commission officials;

29         (b)  Facility and safety requirements relating to the

30  ring, floor plan and apron seating, emergency medical

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  1  equipment and services, and other equipment and services

  2  necessary for the conduct of a program of matches;

  3         (c)  Requirements regarding a participant's apparel,

  4  bandages, handwraps, gloves, mouthpiece, and appearance during

  5  a match;

  6         (d)  Requirements relating to a manager's

  7  participation, presence, and conduct during a match;

  8         (e)  Duties and responsibilities of all licensees under

  9  this chapter;

10         (f)  Procedures for hearings and resolution of

11  disputes;

12         (g)  Qualifications for appointment of referees and

13  judges;

14         (h)  Qualifications for and appointment of chief

15  inspectors and inspectors, and duties and responsibilities of

16  chief inspectors and inspectors with respect to oversight and

17  coordination of activities for each program of matches

18  regulated under this chapter;

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

20  and

21         (j)  Setting fee and reimbursement schedules for

22  referees and other officials appointed by the commission or

23  the representative of the commission.

24         Section 3.  Section 548.008, Florida Statutes, is

25  amended to read:

26         548.008  Toughman and badman competition prohibited.--

27         (1)  No professional or amateur toughman or badman

28  match, as described in this section, may be held in this

29  state.  Such competition includes any contest or exhibition

30  where participants compete by using a combination of fighting

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

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

  2  Notwithstanding the above, this section shall not preclude

  3  kickboxing as regulated by this chapter.

  4         (2)  Any person participating in or promoting a

  5  professional or amateur toughman or badman match is guilty of

  6  a felony of the third degree misdemeanor of the second degree,

  7  punishable as provided in s. 775.082 or s. 775.083.

  8         (3)  Upon certification by the commission that a

  9  violation of this section has occurred or may occur, local law

10  enforcement shall take action pursuant to this section. The

11  commission may delegate its authority to certify a violation

12  to the executive director.

13         Section 4.  Section 548.017, Florida Statutes, is

14  amended to read:

15         548.017  Boxers, managers, and other persons required

16  to have licenses.--

17         (1)  A professional participant, manager, trainer,

18  second, timekeeper, referee, judge, announcer, physician,

19  matchmaker, or booking agent or representative of a booking

20  agent shall be licensed before directly or indirectly acting

21  in such capacity in connection with any match involving a

22  professional. A physician must be licensed pursuant to chapter

23  458 or chapter 459, must maintain an unencumbered license in

24  good standing, and must demonstrate satisfactory medical

25  training or experience in boxing, or a combination of both, to

26  the executive director prior to working as the ringside

27  physician.

28         (2)  A violation of this section is a misdemeanor of

29  the second degree, punishable as provided in s. 775.082 or s.

30  775.083.

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  1         Section 5.  Section 548.021, Florida Statutes, is

  2  amended to read:

  3         548.021  Applications for licenses and permits.--

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

  5         (a)(1)  Be in writing on a form supplied by the

  6  commission which shall contain the applicant's social security

  7  number.

  8         (b)(2)  Be verified by the applicant.

  9         (c)(3)  Be complete and have attached to the

10  application any photographs and other exhibits required.

11         (2)(4)  Pursuant to the federal Personal Responsibility

12  and Work Opportunity Reconciliation Act of 1996, each party is

13  required to provide his or her social security number in

14  accordance with this section.  Disclosure of social security

15  numbers obtained through this requirement shall be limited to

16  the purpose of administration of the Title IV-D program for

17  child support enforcement.

18         (3)  Any person who seeks to obtain a license by means

19  of false or fraudulent representations made in any application

20  or who otherwise makes false statements concerning her or his

21  medical history, boxing record, or other personal information

22  commits a misdemeanor of the second degree, punishable as

23  provided in s. 775.082 or s. 775.083.

24         Section 6.  Section 548.024, Florida Statutes, is

25  created to read:

26         548.024  Background investigation of applicants for

27  licensure.--

28         (1)  The commission is authorized to adopt rules

29  pursuant to ss. 120.536(1) and 120.54 which provide for

30  background investigations of applicants for licensure under

31  this chapter for the purpose of ensuring the accuracy of the

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  1  information provided in the application; ensuring that there

  2  are no active or pending criminal or civil indictments against

  3  the applicant; and ensuring satisfaction of all other

  4  requirements of this chapter. The background investigation may

  5  include, but is not limited to, the criminal and financial

  6  history of the applicant.

  7         (2)  If the commission requires a background criminal

  8  history investigation of any applicant, it may require the

  9  applicant to submit to the department a fingerprint card for

10  this purpose. The fingerprint card shall be forwarded to the

11  Division of Criminal Justice Information Systems within the

12  Department of Law Enforcement and the Federal Bureau of

13  Investigation for purposes of processing the fingerprint card

14  to determine if the applicant has a criminal history record.

15  The information obtained by the processing of the fingerprint

16  card by the Department of Law Enforcement and the Federal

17  Bureau of Investigation shall be sent to the department for

18  the purpose of determining if the applicant is statutorily

19  qualified for licensure.

20         Section 7.  Section 548.028, Florida Statutes, is

21  amended to read:

22         548.028  Refusal to issue license.--The commission

23  shall not issue a license to:

24         (1)  Any person or business entity that who in any

25  jurisdiction has been convicted of any act, or who has a

26  trustee, partner, officer, director, or owner that has been

27  convicted of any act, which would constitute a violation of

28  this chapter or which would constitute any of the grounds set

29  forth in this chapter for suspension or revocation of a

30  license or against whom such charges are pending before any

31  regulatory body; or

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  1         (2)  Any person or business entity that who has been

  2  named in any an information or indictment, or who has a

  3  trustee, partner, officer, director, or owner that has been

  4  named in an information or indictment, for any act which would

  5  constitute a violation of this chapter or a ground for

  6  suspension or revocation of a license.

  7         Section 8.  Section 548.041, Florida Statutes, is

  8  amended to read:

  9         (Substantial rewording of section. See

10         s. 548.041, F.S., for present text.)

11         548.041  Age, condition, and suspension of boxers.--

12         (1)  A person shall not be licensed as a participant,

13  and the license of any participant shall be suspended or

14  revoked, if such person:

15         (a)  Is under the age of 18;

16         (b)  Has participated in a match in this state which

17  was not sanctioned by the commission or sanctioned by a Native

18  American commission properly constituted under federal law; or

19         (c)  Does not meet certain health and medical

20  examination conditions as required by rule of the commission.

21         (2)(a)  A participant losing by knockout as a result of

22  being counted out in any jurisdiction shall be automatically

23  suspended for a period of time as determined by the attending

24  physician or commission representative, or 60 calendar days

25  from the date of the knockout, whichever is longer.  A

26  participant shall not engage in any match, contact exhibition,

27  or contact sparring for training purposes during the

28  suspension period. After the suspension period and prior to

29  engaging in any match, contact exhibition, or contact sparring

30  for training purposes, the participant shall be examined by a

31  physician. The participant shall advise the physician of the

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  1  previous knockout or technical draw and shall provide medical

  2  records or his or her permission for the physician to consult

  3  with the treating physician at the time of the previous

  4  knockout or technical draw. The results of this examination

  5  shall be filed with the commission prior to any further

  6  matches being approved for the participant.

  7         (b)  A participant losing by technical knockout,

  8  technical draw, or disqualification shall be automatically

  9  suspended for a period of time to be determined by the

10  physician or commission representative, or 30 calendar days

11  from the date of the technical knockout, technical draw, or

12  disqualification, whichever is longer. A participant shall not

13  engage in any match, contact exhibition, or contact sparring

14  for training purposes during the suspension period without the

15  approval of the physician. After the suspension period and

16  prior to engaging in any match, contact exhibition, or contact

17  sparring for training purposes, the participant shall be

18  examined by a physician. The participant shall advise the

19  physician of the previous knockout or technical draw and shall

20  provide medical records or his or her permission for the

21  physician to consult with the treating physician at the time

22  of the previous knockout or technical draw. The results of

23  this examination shall be filed with the commission prior to

24  any further matches being approved for the participant. In the

25  case of a disqualification, the commission representative

26  shall determine whether a medical clearance shall be required

27  following suspension.

28         (c)  Any participant who has been suspended by any

29  state as a result of a recent knockout or series of

30  consecutive losses, an injury, requirement for a medical

31  procedure, physician denial of certification, failure of a

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  1  drug test, the use of false aliases, or the falsifying or

  2  attempting to falsify official identification cards or

  3  documents shall not be permitted to participate in this state

  4  until such time as the state in which the participant is

  5  suspended removes his or her name from the suspension list or

  6  until the requirements of such suspension have been fulfilled

  7  and proof of such has been provided to this state. If a

  8  participant has been suspended in another state for any reason

  9  other than those stated in this paragraph, the participant may

10  be permitted to participate if the state in which the

11  participant is suspended is notified and consulted with by

12  this state prior to the granting of approval to participate or

13  the participant appeals to the Association of Boxing

14  Commissions and the association determines that the suspension

15  of such participant was without sufficient grounds, for an

16  improper purpose, or not related to the health and safety of

17  the participant.

18         (d)  Any participant who fails to appear at a match or

19  fails to appear at a match at the designated time for which

20  the participant or the participant's manager has contracted

21  and does not provide a valid reason or, in the case of

22  physical disability, furnish a physician's certificate, shall

23  be suspended for a period to be determined by the commission

24  or shall be fined or both, as determined by the commission.

25         (e)  The license of any participant shall be revoked

26  and shall not be reinstated if such participant intentionally

27  strikes, strikes at, or touches in any way or threatens to

28  touch in any way, any official.

29         Section 9.  Subsection (4) is added to section 548.043,

30  Florida Statutes, to read:

31         548.043  Weights and classes, limitations; gloves.--

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  1         (4)  Participants in a match shall be weighed on the

  2  same scale at a time and place to be determined by the

  3  commission or a commission representative. The weigh-in shall

  4  be conducted in the presence of the opponent of the

  5  participant and a commission representative.  If a participant

  6  fails to arrive at the weigh-in at the scheduled time and

  7  place, the opponent of the late-arriving participant will be

  8  permitted to be weighed without the late-arriving participant

  9  present.  The participant who arrived at the weigh-in on time

10  shall not lose his right of observing the weighing in of his

11  opponent.  The weigh-in shall occur no sooner than 4:00 p.m.

12  on the day preceding the date of the program of matches or at

13  such other time as designated by the commission or commission

14  representative.

15         Section 10.  Section 548.046, Florida Statutes, is

16  amended to read:

17         548.046  Physician's attendance at match; examinations;

18  cancellation of match.--

19         (1)  The commission, or the commission representative,

20  shall assign to each match at least one a physician who shall

21  observe the physical condition of the participants and advise

22  the commissioner or commission representative deputy in charge

23  and the referee of the participants' conditions before, and

24  during, and after the match.  The commission shall establish a

25  schedule of fees for the physician's services.  The

26  physician's fee shall be paid by the promoter of the match

27  attended by the physician. The physician shall be considered

28  an agent of the commission in determining the state insurance

29  coverage and sovereign immunity protection applicability of

30  ss. 284.31 and 768.28.

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

  2  each participant shall be examined by the attending physician

  3  at the time of weigh-in. If the physician determines that a

  4  participant is physically or mentally unfit to proceed, the

  5  physician shall notify any commissioner or the commission

  6  representative who shall immediately cancel the match.  The

  7  examination shall conform to rules adopted by the commission

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

  9  result of the examination shall be reported in a writing

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

11  completion of the weigh-in.

12         (3)(a)  In a match which is a sanctioned championship

13  title fight, or whenever the commission representative has

14  reason to believe that a participant has ingested or used a

15  prohibited drug or foreign substance, the commission

16  representative shall request and the participant shall

17  provide, under the supervision of the attending physician,

18  commission representative, or inspector, a sample or samples

19  of his or her urine taken not less than 1 hour before the

20  commencement of the match nor more than 1 hour after the

21  conclusion of the match. No participant shall use substances

22  or methods which could alter the integrity of the urine

23  sample. Urine samples shall be taken in accordance with the

24  protocol as agreed upon in writing between the commission and

25  the laboratory used for processing the urine samples.

26         (b)  The commission may require urine samples, as

27  provided in paragraph (a), to be conducted randomly.  In the

28  event one participant in a match is tested randomly, then the

29  other participant in the match shall be tested also.

30         (c)  Failure or refusal to provide a urine sample

31  immediately upon request shall result in the revocation of the

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  1  participant's license. Any participant who has been adjudged

  2  the loser of a match and who subsequently refuses to or is

  3  unable to provide a urine sample shall forfeit his or her

  4  share of the purse to the commission. Any participant who is

  5  adjudged the winner of a match and who subsequently refuses to

  6  or is unable to provide a urine sample shall forfeit the win

  7  and shall not be allowed to engage in any future match in

  8  Florida. A no decision result shall be entered into the

  9  official record as the result of the match. The purse shall be

10  redistributed as though the participant found to be in

11  violation of this subsection had lost the match. If

12  redistribution of the purse is not necessary or after

13  redistribution of the purse is completed, the participant

14  found to be in violation of this subsection shall forfeit his

15  or her share of the purse to the commission.

16         (4)  The attending physician or physicians shall

17  provide medical assistance at the facility, to the commission

18  representative, and medical advice to the referee during the

19  match, and shall be accorded the cooperation of all commission

20  representatives and licensees present for the purpose of

21  performing his or her medical duties.  If, in the opinion of

22  the attending physician, the referee has received an injury

23  which prohibits the referee from continuing to officiate, the

24  physician shall notify the commission representative who shall

25  temporarily halt the match.  The injured referee shall be

26  attended to by the physician until the referee is no longer in

27  danger or has been transferred to the care of another

28  qualified person.  The commission representative shall then

29  direct the match to continue under the supervision of the

30  referee or under the supervision of another referee, if the

31  referee is unable to continue.

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  1         Section 11.  Section 548.049, Florida Statutes, is

  2  amended to read:

  3         548.049  Medical, surgical, and hospital insurance;

  4  life insurance.--

  5         (1)  The commission shall, by rule, require

  6  participants to be covered by not less than $20,000 $2,500 of

  7  insurance for medical, surgical, and hospital care required as

  8  a result of injuries sustained while engaged in matches.  The

  9  insured shall be the beneficiary of such policies. Any

10  deductible associated with the insurance policy shall be paid

11  by the promoter and shall not be paid by or charged to the

12  participant.

13         (2)  The commission may also require participants to be

14  covered by not less than $20,000 $5,000 of life insurance

15  covering deaths caused by injuries received while engaged in

16  matches.

17         Section 12.  Subsection (1) of section 548.05, Florida

18  Statutes, is amended to read:

19         548.05  Control of contracts.--

20         (1)  The commission shall adopt rules governing the

21  form and content of contracts executed in this state between

22  managers between promoters, foreign copromoters, and

23  professionals.  All such contracts shall be in writing and

24  shall contain all provisions specifically worded as required

25  by rules of the commission. Contracts which do not contain all

26  provisions specifically worded as required by rules of the

27  commission shall be deemed to contain such provisions. A copy

28  of all such contracts shall be filed with the commission

29  within 7 calendar days of execution.

30         Section 13.  Subsections (6) through (11) are added to

31  section 548.057, Florida Statutes, to read:

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  1         548.057  Attendance of Referee and judges; attendance

  2  at match; scoring; seconds.--

  3         (6)  No judge licensed in this state shall act as a

  4  judge at any match in a state, territory, commonwealth, or

  5  Native American Reservation that is not regulated by a state

  6  boxing commission unless the match is supervised by a state

  7  boxing commission or a Native American commission properly

  8  constituted under federal law.

  9         (7)  No judge shall also serve as a supervisor or on

10  the ratings committee or recommend boxers to the ratings

11  committee for a sanctioning body.

12         (8)  Any person whose application for a judge's license

13  has been denied shall not be permitted to reapply for a

14  judge's license for a period of 6 months. Any person whose

15  application for a judge's license has been denied on three

16  occasions shall not be permitted to reapply.

17         (9)  The number of judges shall be assigned in

18  accordance with rules of the commission.  The number of

19  unofficial judges at each event shall be limited to three by

20  the commission.

21         (10)  The judges shall be located in seats designated

22  for them by the commission representative.

23         (11)  In the event that sufficient judges are not

24  available, a referee shall be selected to act as a judge for

25  that specific program of matches.

26         Section 14.  Section 548.06, Florida Statutes, is

27  amended to read:

28         548.06  Payments to state for matches held within the

29  state; exemptions.--

30         (1)  A promoter holding a match within the state shall,

31  within 72 hours after the match, file with the commission a

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  1  written report which includes the number of tickets sold, the

  2  amount of gross receipts, and any other facts the commission

  3  may require.  For the purposes of this chapter, total gross

  4  receipts include:

  5         (a)  The gross price charged for the sale or lease of

  6  broadcasting, television, and motion picture rights without

  7  any deductions for commissions, brokerage fees, distribution

  8  fees, advertising, or other expenses or charges;

  9         (b)  The portion of the receipts from the sale of

10  souvenirs, programs, and other concessions received by the

11  promoter; and

12         (c)  The face value of all tickets sold and

13  complimentary tickets issued.

14         (2)  The written report shall be accompanied by a tax

15  payment in the amount of 5 percent of the total gross receipts

16  exclusive of any federal taxes, except that the tax payment

17  derived from the gross price charged for the sale or lease of

18  broadcasting, television, and motion picture rights shall not

19  exceed $40,000 for any single event.

20         (3)(a)  Any promoter who willfully makes a false and

21  fraudulent report under this section is guilty of perjury and,

22  upon conviction, is subject to punishment as provided by law.

23  Such penalty shall be in addition to any other penalties

24  imposed by this chapter.

25         (b)  Any promoter who willfully fails, neglects, or

26  refuses to make a report or to pay the taxes as prescribed or

27  who refuses to allow the commission to examine the books,

28  papers, and records of any promotion 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         (4)  This section does not apply to the sale of tickets

  2  sold for the viewing of matches via closed circuit telecast.

  3         Section 15.  Section 548.061, Florida Statutes, is

  4  amended to read:

  5         548.061  Payments to the state; closed circuit

  6  television.--Each promoter person or club that holds or shows

  7  any boxing or sparring matches on a closed circuit telecast

  8  viewed within this state, whether originating within this

  9  state or another state, shall file a written report, under

10  oath, which states the exact number of tickets sold for the

11  showing within the state, the amount of gross receipts for the

12  showing within this state, and any other information the

13  commission requires and shall, within 72 hours after the

14  telecast, pay a tax of 5 percent of its total gross receipts

15  from the sale of tickets for the showing within the state.

16         Section 16.  Section 548.074, Florida Statutes, is

17  amended to read:

18         548.074  Power to administer oaths, take depositions,

19  and issue subpoenas.--For the purpose of any investigation or

20  proceeding conducted pursuant to this chapter, the department

21  shall have the power to administer oaths, take depositions,

22  make inspections when authorized by statute, issue subpoenas

23  which shall be supported by affidavit, serve subpoenas and

24  other process, and compel the attendance of witnesses and the

25  production of books, papers, documents, and other evidence.

26  The department shall exercise this power on its own initiative

27  or whenever requested by the commission. Challenges to, and

28  enforcement of, subpoenas and orders shall be handled as

29  provided in s. 120.569. In addition to the powers of subpoena

30  in chapter 120, each member of the commission may issue

31  subpoenas requiring the attendance and testimony of, or the

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    Florida House of Representatives - 2001                HB 1087

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  1  production of books and papers by, any person whom the

  2  commission believes to have information or documents of

  3  importance to any commission investigation.

  4         Section 17.  Section 548.075, Florida Statutes, is

  5  amended to read:

  6         548.075  Administrative fines; citations.--

  7         (1)  The commission may impose a fine of not more than

  8  $5,000 for any violation of this chapter in lieu of or in

  9  addition to any other punishment provided for such violation.

10         (2)  The commission may adopt rules pursuant to ss.

11  120.54 and 120.536(1) to permit the issuance of citations for

12  any violation of this chapter in lieu of or in addition to any

13  other punishment provided for such violation.

14         Section 18.  Section 548.045, Florida Statutes, is

15  repealed.

16         Section 19.  This act shall take effect upon becoming a

17  law.

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    Florida House of Representatives - 2001                HB 1087

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  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Revises various provisions relating to the Florida State
  4    Boxing Commission. Defines "second" or "cornerman" for
      purposes of the act. Requires one member of the Florida
  5    State Boxing Commission to be a licensed physician.
      Provides additional duties and responsibilities of the
  6    commission. Increases, from a second degree misdemeanor
      to a third degree felony, the penalty for participating
  7    in or promoting a toughman or badman competition.
      Provides for certification of violations with respect to
  8    toughman or badman competitions. Provides requirements
      for ringside physicians. Provides a second degree
  9    misdemeanor penalty for attempting to obtain a license by
      means of false or fraudulent representations or false
10    statements. Authorizes the commission to adopt rules
      which provide for background investigations of applicants
11    for licensure. Authorizes the commission to require
      submission of fingerprint cards and provides procedure
12    for processing such cards. Expands provisions with
      respect to persons whom the commission will not license.
13    Provides requirements and restrictions with respect to
      age, condition, and suspension of boxers. Provides for
14    revocation of license of any participant who
      intentionally strikes, touches, or threatens to touch any
15    official. Provides requirements and procedure for the
      weighing of participants in a boxing match. Revises
16    provisions with respect to physicians' attendance at
      boxing matches. Requires the provision of urine samples
17    by participants under specified circumstances. Provides
      for revocation of license for failure or refusal to
18    provide a required urine sample. Provides conditions with
      respect to forfeiture and redistribution of purse upon
19    failure or refusal to provide a required urine sample.
      Specifies authority of physicians at boxing matches.
20    Provides procedure in the event of injury of a referee.
      Increases, from $2,500 to $20,000, the minimum coverage
21    amount of required insurance for participants in boxing
      matches and requires promoters to pay any deductible for
22    such insurance policy. Increases, from $5,000 to $20,000,
      the minimum coverage amount for life insurance covering
23    death while engaged in a boxing match which the
      department is authorized to require of participants.
24    Provides additional requirements with respect to
      contracts between managers and professionals. Places
25    specified restrictions on judges of boxing matches.
      Provides requirements with respect to number and location
26    of judges. Provides that required reports and tax
      payments on total gross receipts of matches apply only to
27    matches held within the state.  Requires promoters
      holding or showing boxing matches on a closed circuit
28    telecast viewed within the state to file required reports
      and remit gross receipts tax payments for such showings.
29    Provides that the department shall have the power to
      administer oaths, take depositions, make inspections,
30    serve subpoenas, and compel the attendance of witnesses
      and other evidence. Authorizes the commission to adopt
31    rules to permit the issuance of citations. Eliminates the
      medical advisory council.
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