Senate Bill sb1234c1

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    Florida Senate - 2001                           CS for SB 1234

    By the Committee on Regulated Industries and Senator Sebesta





    315-1672-01

  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 definitions; creating s. 548.015,

  5         F.S.; authorizing the commission to require the

  6         posting of a bond or other form of security by

  7         concessionaires; amending s. 548.003, F.S.;

  8         requiring one member of the Florida State

  9         Boxing Commission to be a licensed physician;

10         providing additional duties and

11         responsibilities of the commission; amending s.

12         548.008, F.S.; increasing the penalty for

13         participating in or promoting a toughman or

14         badman competition; providing for certification

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

16         providing requirements for ringside physicians;

17         requiring concessionaires to be licensed;

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

19         penalty for attempting to obtain a license by

20         means of fraudulent information; creating s.

21         548.024, F.S.; authorizing the commission to

22         adopt rules providing for background

23         investigations of applicants for licensure;

24         authorizing the commission to require

25         submission of fingerprint cards; providing

26         procedure for processing fingerprint cards;

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

28         with respect to persons whom the commission may

29         not license; amending s. 548.041, F.S.;

30         providing requirements and restrictions with

31         respect to age, condition, and suspension of

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  1         boxers; providing for revocation of license

  2         under specified circumstances; amending s.

  3         548.043, F.S.; providing requirements and

  4         procedure for the weighing of participants in a

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

  6         revising provisions with respect to physicians'

  7         attendance at boxing matches; providing state

  8         insurance coverage and sovereign immunity

  9         protection for assigned physicians; requiring

10         the provision of urine samples by participants

11         under specified circumstances; providing for

12         revocation of license for failure or refusal to

13         provide a required urine sample; providing

14         conditions with respect to forfeiture and

15         redistribution of purse upon failure or refusal

16         to provide a required urine sample; specifying

17         authority of physicians at boxing matches;

18         providing procedure in the event of injury of a

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

20         the minimum coverage amount of required

21         insurance for participants in boxing matches;

22         requiring promoters to pay any deductible for

23         such insurance policy; amending s. 548.05,

24         F.S.; providing additional requirements with

25         respect to contracts between managers and

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

27         placing specified restrictions on judges of

28         boxing matches; providing requirements with

29         respect to number and location of judges;

30         amending s. 548.06, F.S.; revising provisions

31         relating to promoters and payments to the

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  1         state; amending s. 548.074, F.S.; providing

  2         that the department shall have the power to

  3         administer oaths, take depositions, make

  4         inspections, serve subpoenas, and compel the

  5         attendance of witnesses and other evidence;

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

  7         commission to adopt rules to permit the

  8         issuance of citations; repealing s. 548.045,

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

10         compensation, and powers and duties of the

11         medical advisory council; providing an

12         effective date.

13

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

15

16         Section 1.  Section 548.002, Florida Statutes, is

17  amended to read:

18         548.002  Definitions.--As used in this act, the term:

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

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

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

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

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

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

25  Commission.

26         (4)  "Concessionaire" means any person or business

27  entity not licensed as a promoter which receives revenues or

28  other compensation from the sale of tickets or from the sale

29  of souvenirs, programs, broadcast rights, or any other

30  concessions in conjunction with the promotion of a match.

31

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  1         (5)(4)  "Contest" means a boxing or kickboxing

  2  engagement in which the participants strive earnestly to win.

  3         (6)(5)  "Department" means the Department of Business

  4  and Professional Regulation.

  5         (7)(6)  "Exhibition" means a boxing or kickboxing

  6  engagement in which the participants show or display their

  7  skill without necessarily striving to win.

  8         (8)(7)  "Foreign copromoter" means a promoter who has

  9  no place of business within this state.

10         (9)(8)  "Judge" means a person who has a vote in

11  determining the winner of any contest.

12         (10)(9)  "Kickboxing" means to compete with the fists,

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

14  "punchkick" and other similar competitions.

15         (11)(10)  "Manager" means any person who, directly or

16  indirectly, controls or administers the boxing or kickboxing

17  affairs of any participant.

18         (12)(11)  "Match" means any contest or exhibition.

19         (13)(12)  "Matchmaker" means a person who brings

20  together professionals or arranges matches for professionals.

21         (14)(13)  "Physician" means an individual licensed to

22  practice medicine and surgery in this state.

23         (15)(14)  "Professional" means a person who has

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

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

26  participating in any match.

27         (16)(15)  "Promoter" means any person, and includes any

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

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

30  involving a professional.

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  1         (17)(16)  "Purse" means the financial guarantee or

  2  other remuneration for which a professional is participating

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

  4  payment received for radio broadcasting, television, and

  5  motion picture rights.

  6         (18)  "Second" or "cornerman" means a person who

  7  assists the fight participant between rounds and maintains the

  8  corner of the participant during the match.

  9         (19)(17)  "Secretary" means the Secretary of Business

10  and Professional Regulation.

11         Section 2.  Section 548.015, Florida Statutes, is

12  created to read:

13         548.015  Concessionaires; security.--The commission may

14  require that before any license is issued or renewed to a

15  concessionaire, or before the holding of a match, the

16  concessionaire must file a surety bond, a cash deposit, or

17  some other form of security with the commission in such

18  reasonable amount as the commission determines.

19         Section 3.  Subsections (1) and (2) of section 548.003,

20  Florida Statutes, are amended to read:

21         548.003  Florida State Boxing Commission; organization;

22  meetings; accountability of commission members; compensation

23  and travel expenses; association membership and

24  participation.--

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

26  is assigned to the Department of Business and Professional

27  Regulation for administrative and fiscal accountability

28  purposes only. The Florida State Boxing Commission shall

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

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

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

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  1  maintain an unencumbered license in good standing, and who

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

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

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

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

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

  7  replacement is appointed.  If a vacancy on the commission

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

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

10  the original appointment.

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

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

13  chapter. The commission has authority to adopt rules pursuant

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

15  this chapter and to implement each of the duties and

16  responsibilities conferred upon the commission, including, but

17  not limited to:

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

19  commissioners, commission staff, and commission officials;

20         (b)  Facility and safety requirements relating to the

21  ring, floor plan and apron seating, emergency medical

22  equipment and services, and other equipment and services

23  necessary for the conduct of a program of matches;

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

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

26  a match;

27         (d)  Requirements relating to a manager's

28  participation, presence, and conduct during a match;

29         (e)  Duties and responsibilities of all licensees under

30  this chapter;

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  1         (f)  Procedures for hearings and resolution of

  2  disputes;

  3         (g)  Qualifications for appointment of referees and

  4  judges;

  5         (h)  Qualifications for and appointment of chief

  6  inspectors and inspectors and duties and responsibilities of

  7  chief inspectors and inspectors with respect to oversight and

  8  coordination of activities for each program of matches

  9  regulated under this chapter;

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

11  and

12         (j)  Setting fee and reimbursement schedules for

13  referees and other officials appointed by the commission or

14  the representative of the commission.

15         Section 4.  Section 548.008, Florida Statutes, is

16  amended to read:

17         548.008  Toughman and badman competition prohibited.--

18         (1)  No professional or amateur toughman or badman

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

20  state.  Such competition includes any contest or exhibition

21  where participants compete by using a combination of fighting

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

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

24  Notwithstanding the above, this section shall not preclude

25  kickboxing as regulated by this chapter.

26         (2)  Any person participating in or promoting a

27  professional or amateur toughman or badman match is guilty of

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

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

30         (3)  Upon certification by the commission that a

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

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  1  enforcement shall take action pursuant to this section. The

  2  commission may delegate its authority to certify a violation

  3  to the executive director.

  4         Section 5.  Section 548.017, Florida Statutes, is

  5  amended to read:

  6         548.017  Boxers, managers, and other persons required

  7  to have licenses.--

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

  9  second, timekeeper, referee, judge, announcer, physician,

10  matchmaker, concessionaire or booking agent or representative

11  of a booking agent shall be licensed before directly or

12  indirectly acting in such capacity in connection with any

13  match involving a professional. A physician must be licensed

14  pursuant to chapter 458 or chapter 459, must maintain an

15  unencumbered license in good standing, and must demonstrate

16  satisfactory medical training or experience in boxing, or a

17  combination of both, to the executive director prior to

18  working as the ringside physician.

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

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

21  775.083.

22         Section 6.  Section 548.021, Florida Statutes, is

23  amended to read:

24         548.021  Applications for licenses and permits.--

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

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

27  commission which shall contain the applicant's social security

28  number.

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

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

31  application any photographs and other exhibits required.

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  1         (2)(4)  Pursuant to the federal Personal Responsibility

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

  3  required to provide his or her social security number in

  4  accordance with this section.  Disclosure of social security

  5  numbers obtained through this requirement shall be limited to

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

  7  child support enforcement.

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

  9  of knowingly false or fraudulent representations made in any

10  application or who otherwise knowingly makes false statements

11  concerning her or his medical history, boxing record, or other

12  personal information commits a misdemeanor of the second

13  degree, punishable as provided in s. 775.082 or s. 775.083.

14         Section 7.  Section 548.024, Florida Statutes, is

15  created to read:

16         548.024  Background investigation of applicants for

17  licensure.--

18         (1)  The commission is authorized to adopt rules

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

20  background investigations of applicants for licensure under

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

22  information provided in the application; ensuring that there

23  are no active or pending criminal or civil indictments against

24  the applicant; and ensuring satisfaction of all other

25  requirements of this chapter. The background investigation may

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

27  history of the applicant.

28         (2)  If the commission requires a background criminal

29  history investigation of any applicant, it may require the

30  applicant to submit to the department a fingerprint card for

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

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  1  Division of Criminal Justice Information Systems within the

  2  Department of Law Enforcement and the Federal Bureau of

  3  Investigation for purposes of processing the fingerprint card

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

  5  The information obtained by the processing of the fingerprint

  6  card by the Department of Law Enforcement and the Federal

  7  Bureau of Investigation shall be sent to the department for

  8  the purpose of determining if the applicant is statutorily

  9  qualified for licensure.

10         Section 8.  Section 548.028, Florida Statutes, is

11  amended to read:

12         548.028  Refusal to issue license.--The commission

13  shall not issue a license to:

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

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

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

17  convicted of any act, that which would constitute a violation

18  of this chapter or which would constitute any of the grounds

19  set forth in this chapter for suspension or revocation of a

20  license or against whom such charges are pending before any

21  regulatory body; or

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

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

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

25  named in an information or indictment, for any act that which

26  would constitute a violation of this chapter or a ground for

27  suspension or revocation of a license.

28         Section 9.  Section 548.041, Florida Statutes, is

29  amended to read:

30         (Substantial rewording of section. See

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

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  1         548.041  Age, condition, and suspension of boxers.--

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

  3  and the license of any participant shall be suspended or

  4  revoked, if such person:

  5         (a)  Is under the age of 18;

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

  7  was not sanctioned by the commission or by a Native American

  8  commission properly constituted under federal law; or

  9         (c)  Does not meet certain health and medical

10  examination conditions as required by rule of the commission.

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

12  being counted out in any jurisdiction shall be automatically

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

14  physician or commission representative, or 60 calendar days

15  after the date of the knockout, whichever is longer.  A

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

17  or contact sparring for training purposes during the

18  suspension period. After the suspension period and before

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

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

21  physician. The participant shall advise the physician of the

22  previous knockout or technical draw and shall provide medical

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

24  with the physician who was the treating physician at the time

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

26  this examination shall be filed with the commission before any

27  further matches are approved for the participant.

28         (b)  A participant losing by technical knockout,

29  technical draw, or disqualification shall be automatically

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

31  physician or commission representative, or 30 calendar days

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  1  after the date of the technical knockout, technical draw, or

  2  disqualification, whichever is longer. A participant shall not

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

  4  for training purposes during the suspension period without the

  5  approval of the physician. After the suspension period and

  6  before engaging in any match, contact exhibition, or contact

  7  sparring for training purposes, the participant shall be

  8  examined by a physician. The participant shall advise the

  9  physician of the previous knockout or technical draw and shall

10  provide medical records or his or her permission for the

11  physician to consult with the physician who was the treating

12  physician at the time of the previous knockout or technical

13  draw. The results of this examination shall be filed with the

14  commission before any further matches are approved for the

15  participant. In the case of a disqualification, the commission

16  representative shall determine whether a medical clearance

17  shall be required following suspension.

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

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

20  consecutive losses, an injury, requirement for a medical

21  procedure, physician denial of certification, failure of a

22  drug test, the use of aliases, or the falsifying or attempting

23  to falsify official identification cards or documents shall

24  not be permitted to participate in this state until such time

25  as the state in which the participant is suspended removes his

26  or her name from the suspension list or until the requirements

27  of such suspension have been fulfilled and proof of such has

28  been provided to this state. If a participant has been

29  suspended in another state for any reason other than those

30  stated in this paragraph, the participant may be permitted to

31  participate if the state in which the participant is suspended

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  1  is notified and consulted with by this state before the

  2  granting of approval to participate or the participant appeals

  3  to the Association of Boxing Commissions and the association

  4  determines that the suspension of such participant was without

  5  sufficient grounds, for an improper purpose, or not related to

  6  the health and safety of the participant.

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

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

  9  the participant or the participant's manager has contracted

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

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

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

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

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

15  and shall not be reinstated if such participant intentionally

16  strikes, strikes at, touches in any way, or threatens to touch

17  in any way, any official.

18         Section 10.  Subsection (4) is added to section

19  548.043, Florida Statutes, to read:

20         548.043  Weights and classes, limitations; gloves.--

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

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

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

24  be conducted in the presence of the opponent of the

25  participant and a commission representative.  If a participant

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

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

28  permitted to be weighed without the late-arriving participant

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

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

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

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

  2  such other time as designated by the commission or commission

  3  representative.

  4         Section 11.  Section 548.046, Florida Statutes, is

  5  amended to read:

  6         548.046  Physician's attendance at match; examinations;

  7  cancellation of match.--

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

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

10  observe the physical condition of the participants and advise

11  the commissioner or commission representative deputy in charge

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

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

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

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

16  attended by the physician. The physician shall be considered

17  an agent of the commission in determining the state insurance

18  coverage and sovereign immunity protection applicability of

19  ss. 284.31 and 768.28.

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

21  each participant shall be examined by the attending physician

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

23  participant is physically or mentally unfit to proceed, the

24  physician shall notify any commissioner or the commission

25  representative who shall immediately cancel the match.  The

26  examination shall conform to rules adopted by the commission

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

28  result of the examination shall be reported in a writing

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

30  completion of the weigh-in.

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  1         (3)(a)  In a match that is a sanctioned championship

  2  title fight, or whenever the commission representative has

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

  4  prohibited drug or foreign substance, the commission

  5  representative shall request and the participant shall

  6  provide, under the supervision of the attending physician,

  7  commission representative, or inspector, a sample or samples

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

  9  commencement of the match or more than 1 hour after the

10  conclusion of the match. No participant shall use substances

11  or methods which could alter the integrity of the urine

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

13  protocol as agreed upon in writing between the commission and

14  the laboratory used for processing the urine samples.

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

16  provided in paragraph (a), to be done randomly. If one

17  participant in a match is tested randomly, the other

18  participant in the match shall be tested also.

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

20  immediately upon request shall result in the revocation of the

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

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

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

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

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

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

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

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

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

30  redistributed as though the participant found to be in

31  violation of this subsection had lost the match. If

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  1  redistribution of the purse is not necessary or after

  2  redistribution of the purse is completed, the participant

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

  4  or her share of the purse to the commission.

  5         (4)  The attending physician or physicians shall

  6  provide medical assistance at the facility to the commission

  7  representative and medical advice to the referee during the

  8  match and shall be accorded the cooperation of all commission

  9  representatives and licensees present for the purpose of

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

11  the attending physician, the referee has received an injury

12  that prohibits the referee from continuing to officiate, the

13  physician shall notify the commission representative, who

14  shall temporarily halt the match.  The injured referee shall

15  be attended to by the physician until the referee is no longer

16  in danger or has been transferred to the care of another

17  qualified person. The commission representative shall then

18  direct that the match continue under the supervision of the

19  referee or under the supervision of another referee if the

20  referee is unable to continue.

21         Section 12.  Section 548.049, Florida Statutes, is

22  amended to read:

23         548.049  Medical, surgical, and hospital insurance;

24  life insurance.--

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

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

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

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

29  insured shall be the beneficiary of such policies. Any

30  deductible associated with the insurance policy shall be paid

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

  2  participant.

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

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

  5  covering deaths caused by injuries received while engaged in

  6  matches.

  7         Section 13.  Subsection (1) of section 548.05, Florida

  8  Statutes, is amended to read:

  9         548.05  Control of contracts.--

10         (1)  The commission shall adopt rules governing the

11  form and content of contracts executed in this state between

12  managers between promoters, foreign copromoters, and

13  professionals.  All such contracts shall be in writing and

14  shall contain all provisions specifically worded as required

15  by rules of the commission. Contracts that do not contain all

16  provisions specifically worded as required by rules of the

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

18  of all such contracts must be filed with the commission within

19  7 days after execution.

20         Section 14.  Subsections (6) through (11) are added to

21  section 548.057, Florida Statutes, to read:

22         548.057  Attendance of referee and judges at match;

23  scoring; seconds.--

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

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

26  Native American Reservation that is not regulated by a state

27  boxing commission unless the match is supervised by a state

28  boxing commission or a Native American commission properly

29  constituted under federal law.

30

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

  2  the ratings committee or recommend boxers to the ratings

  3  committee for a sanctioning body.

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

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

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

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

  8  occasions shall not be permitted to reapply.

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

10  accordance with rules of the commission.  The number of

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

12  the commission.

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

14  for them by the commission representative.

15         (11)  If sufficient judges are not available, a referee

16  shall be selected to act as a judge for that specific program

17  of matches.

18         Section 15.  Present subsections (2) and (3) of section

19  548.06, Florida Statutes, are redesignated as subsections (5)

20  and (6), respectively, and new subsections (2), (3), and (4)

21  are added to that section, to read:

22         548.06  Payments to state; exemptions.--

23         (2)  Where the rights to telecast a match or matches

24  held in Florida to be viewed in Florida or outside of Florida

25  are in whole owned by, sold to, acquired by, or held by any

26  person who intends to or subsequently sells or, in some other

27  manner, extends such rights in part to another, such person is

28  deemed to be a promoter and must be licensed as such in this

29  state. Such person shall, within 72 hours after the match,

30  file with the commission a written report that includes the

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  1  number of tickets sold, the amount of gross receipts, and any

  2  other facts the commission may require.

  3         (3)  A concessionaire shall, within 72 hours after the

  4  match, file with the commission a written report that includes

  5  the number of tickets sold, the amount of gross receipts, and

  6  any other facts the commission may require.

  7         (4)  Any written report required to be filed with the

  8  commission under this section shall be postmarked within 72

  9  hours after the conclusion of the match, and an additional 5

10  days shall be allowed for mailing.

11         Section 16.  Section 548.074, Florida Statutes, is

12  amended to read:

13         548.074  Power to administer oaths, take depositions,

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

15  proceeding conducted pursuant to this chapter, the department

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

17  make inspections when authorized by statute, issue subpoenas

18  which shall be supported by affidavit, serve subpoenas and

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

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

21  The department shall exercise this power on its own initiative

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

23  enforcement of, subpoenas and orders shall be handled as

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

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

26  subpoenas requiring the attendance and testimony of, or the

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

28  commission believes to have information or documents of

29  importance to any commission investigation.

30         Section 17.  Section 548.075, Florida Statutes, is

31  amended to read:

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  1         548.075  Administrative fines; citations.--

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

  3  $5,000 for any violation of this chapter in lieu of or in

  4  addition to any other punishment provided for such violation.

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

  6  120.54 and 120.536(1) to permit the issuance of citations for

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

  8  other punishment provided for such violation.

  9         Section 18.  Section 548.045, Florida Statutes, is

10  repealed.

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

12  law.

13

14          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
15                             SB 1234

16

17  The Committee Substitute for SB 1234 defines the term
    "concessionaire," requires that concessionaires be licensed,
18  requires that they post security, and requires concessionaires
    and certain holders of broadcast rights, to file reports and
19  pay taxes. The Committee Substitute also provides that ring
    physicians are considered to be agents of the commission for
20  purposes of sovereign immunity.

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