Senate Bill sb1234c1
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Florida Senate - 2001 CS for SB 1234
By the Committee on Regulated Industries and Senator Sebesta
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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.
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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.
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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:
19
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 CS for SB 1234
315-1672-01
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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CODING: Words stricken are deletions; words underlined are additions.