Senate Bill sb1268
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Florida Senate - 2002 SB 1268
By Senator Campbell
33-1276-02 See HB 617
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; requiring
12 the commission to make recommendations with
13 respect to unregulated and unsanctioned boxing
14 competitions; amending s. 548.017, F.S.;
15 providing requirements for ringside physicians;
16 requiring concessionaires to be licensed;
17 amending s. 548.021, F.S.; providing a criminal
18 penalty for attempting to obtain a license by
19 means of fraudulent information; creating s.
20 548.024, F.S.; authorizing the commission to
21 adopt rules providing for background
22 investigations of applicants for licensure;
23 providing for the submission of fingerprint
24 cards; providing procedure for processing
25 fingerprint cards; amending s. 548.028, F.S.;
26 expanding provisions with respect to persons
27 whom the commission may not license; amending
28 s. 548.041, F.S.; providing requirements and
29 restrictions with respect to age, condition,
30 and suspension of boxers; providing for
31 revocation of license under specified
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 circumstances; amending s. 548.043, F.S.;
2 providing requirements and procedure for the
3 weighing of participants in a boxing match;
4 amending s. 548.046, F.S.; revising provisions
5 with respect to physicians' attendance at
6 boxing matches; providing state insurance
7 coverage and sovereign immunity protection for
8 assigned physicians; authorizing blood tests of
9 participants prior to a match; providing for
10 cancellation of the match for a test showing
11 the presence of a communicable disease or for
12 failure to present blood test results, if
13 required; authorizing the commission to adopt
14 rules relating to blood tests; requiring the
15 provision of urine samples by participants
16 under specified circumstances; providing for
17 revocation of license for failure or refusal to
18 provide a required urine sample; providing
19 conditions with respect to forfeiture and
20 redistribution of purse upon failure or refusal
21 to provide a required urine sample; specifying
22 authority of physicians at boxing matches;
23 providing procedure in the event of injury of a
24 referee; amending s. 548.049, F.S.; increasing
25 the minimum coverage amount of required
26 insurance for participants in boxing matches;
27 requiring promoters to pay any deductible for
28 such insurance policy; amending s. 548.05,
29 F.S.; providing additional requirements with
30 respect to contracts between managers and
31 professionals; amending s. 548.057, F.S.;
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 placing specified restrictions on judges of
2 boxing matches; providing requirements with
3 respect to number and location of judges;
4 amending s. 548.06, F.S., relating to payments
5 to the state; revising components which
6 constitute gross receipts; providing
7 requirements with respect to the sale or
8 extension of rights to a telecast of a match
9 held in the state; requiring a written report;
10 requiring concessionaires to file specified
11 written reports; providing requirements with
12 respect to written reports; amending s.
13 548.074, F.S.; providing that the department
14 shall have the power to administer oaths, take
15 depositions, make inspections, serve subpoenas,
16 and compel the attendance of witnesses and
17 other evidence; amending s. 548.075, F.S.;
18 authorizing the commission to adopt rules to
19 permit the issuance of citations; providing an
20 effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Section 548.002, Florida Statutes, is
25 amended to read:
26 548.002 Definitions.--As used in this act, the term:
27 (1) "Amateur" means a person who has never received
28 nor competed for any purse or other article of value, either
29 for the expenses of training or for participating in a match,
30 other than a prize of $50 in value or less.
31 (2) "Boxing" means to compete with the fists.
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 (3) "Commission" means the Florida State Boxing
2 Commission.
3 (4) "Concessionaire" means any person or business
4 entity not licensed as a promoter which receives revenues or
5 other compensation from the sale of tickets or from the sale
6 of souvenirs, programs, broadcast rights, or any other
7 concessions in conjunction with the promotion of a match.
8 (5)(4) "Contest" means a boxing or kickboxing
9 engagement in which the participants strive earnestly to win.
10 (6)(5) "Department" means the Department of Business
11 and Professional Regulation.
12 (7)(6) "Exhibition" means a boxing or kickboxing
13 engagement in which the participants show or display their
14 skill without necessarily striving to win.
15 (8)(7) "Foreign copromoter" means a promoter who has
16 no place of business within this state.
17 (9)(8) "Judge" means a person who has a vote in
18 determining the winner of any contest.
19 (10)(9) "Kickboxing" means to compete with the fists,
20 feet, legs, or any combination thereof, and includes
21 "punchkick" and other similar competitions.
22 (11)(10) "Manager" means any person who, directly or
23 indirectly, controls or administers the boxing or kickboxing
24 affairs of any participant.
25 (12)(11) "Match" means any contest or exhibition.
26 (13)(12) "Matchmaker" means a person who brings
27 together professionals or arranges matches for professionals.
28 (14)(13) "Physician" means an individual licensed to
29 practice medicine and surgery in this state.
30 (15)(14) "Professional" means a person who has
31 received or competed for any purse or other article of a value
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 greater than $50, either for the expenses of training or for
2 participating in any match.
3 (16)(15) "Promoter" means any person, and includes any
4 officer, director, employee, or stockholder of a corporate
5 promoter, who produces, arranges, or stages any match
6 involving a professional.
7 (17)(16) "Purse" means the financial guarantee or
8 other remuneration for which a professional is participating
9 in a match and includes the professional's share of any
10 payment received for radio broadcasting, television, and
11 motion picture rights.
12 (18) "Second" or "cornerman" means a person who
13 assists the fight participant between rounds and maintains the
14 corner of the participant during the match.
15 (19)(17) "Secretary" means the Secretary of Business
16 and Professional Regulation.
17 Section 2. Section 548.015, Florida Statutes, is
18 created to read:
19 548.015 Concessionaires; security.--The commission may
20 require that before any license is issued or renewed to a
21 concessionaire, or before the holding of a match, the
22 concessionaire must file a surety bond, a cash deposit, or
23 some other form of security with the commission in such
24 reasonable amount as the commission determines.
25 Section 3. Subsections (1) and (2) of section 548.003,
26 Florida Statutes, are amended to read:
27 548.003 Florida State Boxing Commission; organization;
28 meetings; accountability of commission members; compensation
29 and travel expenses; association membership and
30 participation.--
31
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 (1) The Florida State Boxing Commission is created and
2 is assigned to the Department of Business and Professional
3 Regulation for administrative and fiscal accountability
4 purposes only. The Florida State Boxing Commission shall
5 consist of five members appointed by the Governor, subject to
6 confirmation by the Senate. One member must be a physician
7 licensed pursuant to chapter 458 or chapter 459, who must
8 maintain an unencumbered license in good standing, and who
9 must, at the time of her or his appointment, have practiced
10 medicine for at least 5 years. Upon the expiration of the term
11 of a commissioner, the Governor shall appoint a successor to
12 serve for a 4-year term. A commissioner whose term has expired
13 shall continue to serve on the commission until such time as a
14 replacement is appointed. If a vacancy on the commission
15 occurs prior to the expiration of the term, it shall be filled
16 for the unexpired portion of the term in the same manner as
17 the original appointment.
18 (2) The Florida State Boxing Commission, as created by
19 subsection (1), shall administer the provisions of this
20 chapter. The commission has authority to adopt rules pursuant
21 to ss. 120.536(1) and 120.54 to implement the provisions of
22 this chapter and to implement each of the duties and
23 responsibilities conferred upon the commission, including, but
24 not limited to:
25 (a) Development of an ethical code of conduct for
26 commissioners, commission staff, and commission officials;
27 (b) Facility and safety requirements relating to the
28 ring, floor plan and apron seating, emergency medical
29 equipment and services, and other equipment and services
30 necessary for the conduct of a program of matches;
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Florida Senate - 2002 SB 1268
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1 (c) Requirements regarding a participant's apparel,
2 bandages, handwraps, gloves, mouthpiece, and appearance during
3 a match;
4 (d) Requirements relating to a manager's
5 participation, presence, and conduct during a match;
6 (e) Duties and responsibilities of all licensees under
7 this chapter;
8 (f) Procedures for hearings and resolution of
9 disputes;
10 (g) Qualifications for appointment of referees and
11 judges;
12 (h) Qualifications for and appointment of chief
13 inspectors and inspectors and duties and responsibilities of
14 chief inspectors and inspectors with respect to oversight and
15 coordination of activities for each program of matches
16 regulated under this chapter;
17 (i) Designation and duties of a knockdown timekeeper;
18 and
19 (j) Setting fee and reimbursement schedules for
20 referees and other officials appointed by the commission or
21 the representative of the commission.
22 Section 4. The Florida State Boxing Commission shall
23 conduct a review and analysis of boxing competitions not
24 currently regulated or sanctioned, and shall provide
25 recommendations to the department and the Legislature
26 regarding any rules or legislation necessary to achieve
27 effective regulation.
28 Section 5. Section 548.017, Florida Statutes, is
29 amended to read:
30 548.017 Boxers, managers, and other persons required
31 to have licenses.--
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 (1) A professional participant, manager, trainer,
2 second, timekeeper, referee, judge, announcer, physician,
3 matchmaker, concessionaire, or booking agent or representative
4 of a booking agent shall be licensed before directly or
5 indirectly acting in such capacity in connection with any
6 match involving a professional. A physician must be licensed
7 pursuant to chapter 458 or chapter 459, must maintain an
8 unencumbered license in good standing, and must demonstrate
9 satisfactory medical training or experience in boxing, or a
10 combination of both, to the executive director prior to
11 working as the ringside physician.
12 (2) A violation of this section is a misdemeanor of
13 the second degree, punishable as provided in s. 775.082 or s.
14 775.083.
15 Section 6. Section 548.021, Florida Statutes, is
16 amended to read:
17 548.021 Applications for licenses and permits.--
18 (1) An application for a license or a permit must:
19 (a)(1) Be in writing on a form supplied by the
20 commission which shall contain the applicant's social security
21 number.
22 (b)(2) Be verified by the applicant.
23 (c)(3) Be complete and have attached to the
24 application any photographs and other exhibits required.
25 (2)(4) Pursuant to the federal Personal Responsibility
26 and Work Opportunity Reconciliation Act of 1996, each party is
27 required to provide his or her social security number in
28 accordance with this section. Disclosure of social security
29 numbers obtained through this requirement shall be limited to
30 the purpose of administration of the Title IV-D program for
31 child support enforcement.
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Florida Senate - 2002 SB 1268
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1 (3) Any person who seeks to obtain a license by
2 knowingly making false or fraudulent representations in any
3 application or who otherwise knowingly makes false statements
4 concerning her or his medical history, boxing record, or other
5 personal information commits a misdemeanor of the second
6 degree, punishable as provided in s. 775.082 or s. 775.083.
7 Section 7. Section 548.024, Florida Statutes, is
8 created to read:
9 548.024 Background investigation of applicants for
10 licensure.--
11 (1) The commission is authorized to adopt rules
12 pursuant to ss. 120.536(1) and 120.54 which provide for
13 background investigations of applicants for licensure under
14 this chapter for the purpose of ensuring the accuracy of the
15 information provided in the application; ensuring that there
16 are no active or pending criminal or civil indictments against
17 the applicant; and ensuring satisfaction of all other
18 requirements of this chapter. The background investigation may
19 include, but is not limited to, the criminal and financial
20 history of the applicant.
21 (2) If the commission requires a background criminal
22 history investigation of any applicant, it shall require the
23 applicant to submit to the department a fingerprint card for
24 this purpose. The fingerprint card shall be forwarded to the
25 Division of Criminal Justice Information Systems within the
26 Department of Law Enforcement and the Federal Bureau of
27 Investigation for purposes of processing the fingerprint card
28 to determine if the applicant has a criminal history record.
29 The information obtained by the processing of the fingerprint
30 card by the Department of Law Enforcement and the Federal
31 Bureau of Investigation shall be sent to the department for
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Florida Senate - 2002 SB 1268
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1 the purpose of determining if the applicant is statutorily
2 qualified for licensure.
3 Section 8. Section 548.028, Florida Statutes, is
4 amended to read:
5 548.028 Refusal to issue license.--The commission
6 shall not issue a license to:
7 (1) Any person or business entity that who in any
8 jurisdiction has been convicted of any act, or that has a
9 trustee, partner, officer, director, or owner that has been
10 convicted of any act, that which would constitute a violation
11 of this chapter or which would constitute any of the grounds
12 set forth in this chapter for suspension or revocation of a
13 license or against whom such charges are pending before any
14 regulatory body; or
15 (2) Any person or business entity that who has been
16 named in any an information or indictment, or that has a
17 trustee, partner, officer, director, or owner that has been
18 named in an information or indictment, for any act that which
19 would constitute a violation of this chapter or a ground for
20 suspension or revocation of a license.
21 Section 9. Section 548.041, Florida Statutes, is
22 amended to read:
23 (Substantial rewording of section. See
24 s. 548.041, F.S., for present text.)
25 548.041 Age, condition, and suspension of boxers.--
26 (1) A person shall not be licensed as a participant,
27 and the license of any participant shall be suspended or
28 revoked, if such person:
29 (a) Is under the age of 18;
30
31
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 (b) Has participated in a match in this state which
2 was not sanctioned by the commission or by a Native American
3 commission properly constituted under federal law; or
4 (c) Does not meet certain health and medical
5 examination conditions as required by rule of the commission.
6 (2)(a) A participant losing by knockout as a result of
7 being counted out in any jurisdiction shall be automatically
8 suspended for a period of time as determined by the attending
9 physician or commission representative, or 60 calendar days
10 after the date of the knockout, whichever is longer. A
11 participant shall not engage in any match, contact exhibition,
12 or contact sparring for training purposes during the
13 suspension period. After the suspension period and before
14 engaging in any match, contact exhibition, or contact sparring
15 for training purposes, the participant shall be examined by a
16 physician. The participant shall advise the physician of the
17 previous knockout or technical draw and shall provide medical
18 records or his or her permission for the physician to consult
19 with the physician who was the treating physician at the time
20 of the previous knockout or technical draw. The results of
21 this examination shall be filed with the commission before any
22 further matches are approved for the participant.
23 (b) A participant losing by technical knockout,
24 technical draw, or disqualification shall be automatically
25 suspended for a period of time to be determined by the
26 physician or commission representative, or 30 calendar days
27 after the date of the technical knockout, technical draw, or
28 disqualification, whichever is longer. A participant shall not
29 engage in any match, contact exhibition, or contact sparring
30 for training purposes during the suspension period without the
31 approval of the physician. After the suspension period and
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Florida Senate - 2002 SB 1268
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1 before engaging in any match, contact exhibition, or contact
2 sparring for training purposes, the participant shall be
3 examined by a physician. The participant shall advise the
4 physician of the previous knockout or technical draw and shall
5 provide medical records or his or her permission for the
6 physician to consult with the physician who was the treating
7 physician at the time of the previous knockout or technical
8 draw. The results of this examination shall be filed with the
9 commission before any further matches are approved for the
10 participant. In the case of a disqualification, the commission
11 representative shall determine whether a medical clearance
12 shall be required following suspension.
13 (c) Any participant who has been suspended by any
14 state as a result of a recent knockout or series of
15 consecutive losses, an injury, requirement for a medical
16 procedure, physician denial of certification, failure of a
17 drug test, the use of aliases, or the falsifying or attempting
18 to falsify official identification cards or documents shall
19 not be permitted to participate in this state until such time
20 as the state in which the participant is suspended removes his
21 or her name from the suspension list or until the requirements
22 of such suspension have been fulfilled and proof of such has
23 been provided to this state. If a participant has been
24 suspended in another state for any reason other than those
25 stated in this paragraph, the participant may be permitted to
26 participate if the state in which the participant is suspended
27 is notified and consulted with by this state before the
28 granting of approval to participate or the participant appeals
29 to the Association of Boxing Commissions and the association
30 determines that the suspension of such participant was without
31
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Florida Senate - 2002 SB 1268
33-1276-02 See HB 617
1 sufficient grounds, for an improper purpose, or not related to
2 the health and safety of the participant.
3 (d) Any participant who fails to appear at a match or
4 fails to appear at a match at the designated time for which
5 the participant or the participant's manager has contracted
6 and does not provide a valid reason or, in the case of
7 physical disability, furnish a physician's certificate shall
8 be suspended for a period to be determined by the commission
9 or shall be fined, or both, as determined by the commission.
10 (e) The license of any participant shall be revoked
11 and shall not be reinstated if such participant intentionally
12 strikes, strikes at, touches in any way, or threatens to touch
13 in any way any official.
14 Section 10. Subsection (4) is added to section
15 548.043, Florida Statutes, to read:
16 548.043 Weights and classes, limitations; gloves.--
17 (4) Participants in a match shall be weighed on the
18 same scale at a time and place to be determined by the
19 commission or a commission representative. The weigh-in shall
20 be conducted in the presence of the opponent of the
21 participant and a commission representative. If a participant
22 fails to arrive at the weigh-in at the scheduled time and
23 place, the opponent of the late-arriving participant will be
24 permitted to be weighed without the late-arriving participant
25 present. The participant who arrived at the weigh-in on time
26 shall not lose his or her right of observing the weighing in
27 of his or her opponent. The weigh-in shall occur no sooner
28 than 4 p.m. on the day preceding the date of the program of
29 matches or at such other time as designated by the commission
30 or commission representative.
31
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Florida Senate - 2002 SB 1268
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1 Section 11. Section 548.046, Florida Statutes, is
2 amended to read:
3 548.046 Physician's attendance at match; examinations;
4 cancellation of match.--
5 (1) The commission, or the commission representative,
6 shall assign to each match at least one a physician who shall
7 observe the physical condition of the participants and advise
8 the commissioner or commission representative deputy in charge
9 and the referee of the participants' conditions before, and
10 during, and after the match. The commission shall establish a
11 schedule of fees for the physician's services. The
12 physician's fee shall be paid by the promoter of the match
13 attended by the physician. The physician shall be considered
14 an agent of the commission in determining the state insurance
15 coverage and sovereign immunity protection applicability of
16 ss. 284.31 and 768.28.
17 (2)(a) In addition to any other required examination,
18 each participant shall be examined by the attending physician
19 at the time of weigh-in. If the physician determines that a
20 participant is physically or mentally unfit to proceed, the
21 physician shall notify any commissioner or the commission
22 representative who shall immediately cancel the match. The
23 examination shall conform to rules adopted by the commission
24 based on the advice of the medical advisory council. The
25 result of the examination shall be reported in a writing
26 signed by the physician and filed with the commission prior to
27 completion of the weigh-in.
28 (b) The commission may require, by rule, each
29 participant to present to the commission representative at the
30 time of the weigh-in an original copy of blood test results
31 which demonstrate whether the participant is free from any
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Florida Senate - 2002 SB 1268
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1 communicable disease. If required by the commission and the
2 blood test results are not presented as required by commission
3 rule or reveal the participant has a communicable disease, the
4 commission representative shall immediately cancel the match.
5 The commission may adopt, by rule, protocols and procedures
6 for the blood tests and the cancellation of a match, a list of
7 communicable diseases covered by this paragraph, and a time
8 period within which the blood test must be taken prior to the
9 match.
10 (3)(a) In a match that is a sanctioned championship
11 title fight, or whenever the commission representative has
12 reason to believe that a participant has ingested or used a
13 prohibited drug or foreign substance, the commission
14 representative shall request and the participant shall
15 provide, under the supervision of the attending physician,
16 commission representative, or inspector, a sample or samples
17 of his or her urine taken not less than 1 hour before the
18 commencement of the match or more than 1 hour after the
19 conclusion of the match. No participant shall use substances
20 or methods which could alter the integrity of the urine
21 sample. Urine samples shall be taken in accordance with the
22 protocol as agreed upon in writing between the commission and
23 the laboratory used for processing the urine samples.
24 (b) The commission may require urine samples, as
25 provided in paragraph (a), to be done randomly. If one
26 participant in a match is tested randomly, the other
27 participant in the match shall be tested also.
28 (c) Failure or refusal to provide a urine sample
29 immediately upon request shall result in the revocation of the
30 participant's license. Any participant who has been adjudged
31 the loser of a match and who subsequently refuses to or is
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1 unable to provide a urine sample shall forfeit his or her
2 share of the purse to the commission. Any participant who is
3 adjudged the winner of a match and who subsequently refuses to
4 or is unable to provide a urine sample shall forfeit the win
5 and shall not be allowed to engage in any future match in the
6 state. A no-decision result shall be entered into the official
7 record as the result of the match. The purse shall be
8 redistributed as though the participant found to be in
9 violation of this subsection had lost the match. If
10 redistribution of the purse is not necessary or after
11 redistribution of the purse is completed, the participant
12 found to be in violation of this subsection shall forfeit his
13 or her share of the purse to the commission.
14 (4) The attending physician or physicians shall
15 provide medical assistance at the facility to the commission
16 representative and medical advice to the referee during the
17 match and shall be accorded the cooperation of all commission
18 representatives and licensees present for the purpose of
19 performing his or her medical duties. If, in the opinion of
20 the attending physician, the referee has received an injury
21 that prohibits the referee from continuing to officiate, the
22 physician shall notify the commission representative, who
23 shall temporarily halt the match. The injured referee shall
24 be attended to by the physician until the referee is no longer
25 in danger or has been transferred to the care of another
26 qualified person. The commission representative shall then
27 direct that the match continue under the supervision of the
28 referee or under the supervision of another referee if the
29 referee is unable to continue.
30 Section 12. Section 548.049, Florida Statutes, is
31 amended to read:
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1 548.049 Medical, surgical, and hospital insurance;
2 life insurance.--
3 (1) The commission shall, by rule, require
4 participants to be covered by not less than $20,000 $2,500 of
5 insurance for medical, surgical, and hospital care required as
6 a result of injuries sustained while engaged in matches. The
7 insured shall be the beneficiary of such policies. Any
8 deductible associated with the insurance policy shall be paid
9 by the promoter and shall not be paid by or charged to the
10 participant.
11 (2) The commission may also require participants to be
12 covered by not less than $20,000 $5,000 of life insurance
13 covering deaths caused by injuries received while engaged in
14 matches.
15 Section 13. Subsection (1) of section 548.05, Florida
16 Statutes, is amended to read:
17 548.05 Control of contracts.--
18 (1) The commission shall adopt rules governing the
19 form and content of contracts executed in this state between
20 managers between promoters, foreign copromoters, and
21 professionals. All such contracts shall be in writing and
22 shall contain all provisions specifically worded as required
23 by rules of the commission. Contracts that do not contain all
24 provisions specifically worded as required by rules of the
25 commission shall be deemed to contain such provisions. A copy
26 of all such contracts must be filed with the commission within
27 7 days after execution.
28 Section 14. Subsections (6) through (11) are added to
29 section 548.057, Florida Statutes, to read:
30 548.057 Attendance of referee and judges at match;
31 scoring; seconds.--
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1 (6) No judge licensed in this state shall act as a
2 judge at any match in a state, territory, commonwealth, or
3 Native American Reservation that is not regulated by a state
4 boxing commission unless the match is supervised by a state
5 boxing commission or a Native American commission properly
6 constituted under federal law.
7 (7) No judge shall also serve as a supervisor or on
8 the ratings committee or recommend boxers to the ratings
9 committee for a sanctioning body.
10 (8) Any person whose application for a judge's license
11 has been denied shall not be permitted to reapply for a
12 judge's license for a period of 6 months. Any person whose
13 application for a judge's license has been denied on three
14 occasions shall not be permitted to reapply.
15 (9) The number of judges shall be assigned in
16 accordance with rules of the commission. The number of
17 unofficial judges at each event shall be limited to three by
18 the commission.
19 (10) The judges shall be located in seats designated
20 for them by the commission representative.
21 (11) If sufficient judges are not available, a referee
22 shall be selected to act as a judge for that specific program
23 of matches.
24 Section 15. Subsection (1) of section 548.06, Florida
25 Statutes, is amended, present subsections (2) and (3) of that
26 section are renumbered as subsections (5) and (6),
27 respectively, and new subsections (2), (3), and (4) are added
28 to that section, to read:
29 548.06 Payments to state; exemptions.--
30 (1) A promoter holding a match shall, within 72 hours
31 after the match, file with the commission a written report
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1 which includes the number of tickets sold, the amount of gross
2 receipts, and any other facts the commission may require. For
3 the purposes of this chapter, total gross receipts include:
4 (a) The gross price charged for the sale or lease of
5 broadcasting, television, and motion picture rights without
6 any deductions for commissions, brokerage fees, distribution
7 fees, advertising, or other expenses or charges;
8 (b) The portion of the receipts from the sale of
9 souvenirs, programs, and other concessions received by the
10 promoter; and
11 (c) The face value of all tickets sold and
12 complimentary tickets issued, provided, or given; and.
13 (d) The face value of any seat or seating issued,
14 provided, or given in exchange for advertising, sponsorships,
15 or anything of value to the promotion of an event.
16 (2) Where the rights to telecast a match or matches
17 held in this state under the supervision of the Florida State
18 Boxing Commission are in whole owned by, sold to, acquired by,
19 or held by any person who intends to or subsequently sells or,
20 in some other manner, extends such rights in part to another,
21 such person is deemed to be a promoter and must be licensed as
22 such in this state. Such person shall, within 72 hours after
23 the sale, transfer, or extension of such rights in whole or in
24 part, file with the commission a written report that includes
25 the number of tickets sold, the amount of gross receipts, and
26 any other facts the commission may require.
27 (3) A concessionaire shall, within 72 hours after the
28 match, file with the commission a written report that includes
29 the number of tickets sold, the amount of gross receipts, and
30 any other facts the commission may require.
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1 (4) Any written report required to be filed with the
2 commission under this section shall be postmarked within 72
3 hours after the conclusion of the match, and an additional 5
4 days shall be allowed for mailing.
5 Section 16. Section 548.074, Florida Statutes, is
6 amended to read:
7 548.074 Power to administer oaths, take depositions,
8 and issue subpoenas.--For the purpose of any investigation or
9 proceeding conducted pursuant to this chapter, the department
10 shall have the power to administer oaths, take depositions,
11 make inspections when authorized by statute, issue subpoenas
12 which shall be supported by affidavit, serve subpoenas and
13 other process, and compel the attendance of witnesses and the
14 production of books, papers, documents, and other evidence.
15 The department shall exercise this power on its own initiative
16 or whenever requested by the commission. Challenges to, and
17 enforcement of, subpoenas and orders shall be handled as
18 provided in s. 120.569. In addition to the powers of subpoena
19 in chapter 120, each member of the commission may issue
20 subpoenas requiring the attendance and testimony of, or the
21 production of books and papers by, any person whom the
22 commission believes to have information or documents of
23 importance to any commission investigation.
24 Section 17. Section 548.075, Florida Statutes, is
25 amended to read:
26 548.075 Administrative fines; citations.--
27 (1) The commission may impose a fine of not more than
28 $5,000 for any violation of this chapter in lieu of or in
29 addition to any other punishment provided for such violation.
30 (2) The commission may adopt rules pursuant to ss.
31 120.536(1) and 120.54 to permit the issuance of citations for
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1 any violation of this chapter in lieu of or in addition to any
2 other punishment provided for such violation.
3 Section 18. This act shall take effect upon becoming a
4 law.
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1 *****************************************
2 LEGISLATIVE SUMMARY
3
Revises various provisions relating to the Florida State
4 Boxing Commission. Defines "second" or "cornerman" for
purposes of the act. Authorizes the commission to require
5 the posting of a bond or other form of security by
concessionaires. Requires one member of the Florida State
6 Boxing Commission to be a licensed physician. Provides
additional duties and responsibilities of the commission.
7 Requires the commission to make recommendations with
respect to unregulated and unsanctioned boxing
8 competitions. Provides requirements for ringside
physicians. Requires licensing of concessionaires.
9 Provides a second degree misdemeanor penalty for
attempting to obtain a license by means of false or
10 fraudulent representations or false statements.
Authorizes the commission to adopt rules which provide
11 for background investigations of applicants for
licensure. Provides for submission of fingerprint cards
12 and provides procedure for processing such cards. Expands
provisions with respect to persons whom the commission
13 may not license. Provides requirements and restrictions
with respect to age, condition, and suspension of boxers.
14 Provides for 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. Authorizes blood tests of participants
17 prior to a match. Provides for cancellation of a match
for failure to present blood tests if required or if a
18 blood test indicates the presence of a communicable
disease. Authorizes the commission to adopt rules
19 relating to blood tests. Requires the provision of urine
samples by participants under specified circumstances.
20 Provides for revocation of license for failure or refusal
to provide a required urine sample. Provides conditions
21 with respect to forfeiture and redistribution of purse
upon failure or refusal to provide a required urine
22 sample. Specifies authority of physicians at boxing
matches. Provides procedure in the event of injury of a
23 referee. Increases, from $2,500 to $20,000, the minimum
coverage amount of required insurance for participants in
24 boxing matches and requires promoters to pay any
deductible for such insurance policy. Increases, from
25 $5,000 to $20,000, the minimum coverage amount for life
insurance covering death while engaged in a boxing match
26 which the department is authorized to require of
participants. Provides additional requirements with
27 respect to contracts between managers and professionals.
Places specified restrictions on judges of boxing
28 matches. Provides requirements with respect to number and
location of judges. Amends provisions relating to
29 payments to the state, to revise components which
constitute gross receipts. Provides requirements with
30 respect to the sale or extension of rights to a telecast
of a match held in the state, which include the filing of
31 a written report. Requires concessionaires to file
specified written reports. Provides that the department
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1 shall have the power to administer oaths, take
depositions, make inspections, serve subpoenas, and
2 compel the attendance of witnesses and other evidence.
Authorizes the commission to adopt rules to permit the
3 issuance of citations.
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