Senate Bill sb1268c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2002                           CS for SB 1268

    By the Committee on Regulated Industries; and Senator Campbell





    315-1812-02

  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; amending s. 548.003,

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

  6         Boxing Commission to be a licensed physician;

  7         providing additional duties and

  8         responsibilities of the commission; amending s.

  9         548.006, F.S.; providing for provisional

10         certification of competitiveness of mixed

11         martial arts and kickboxing matches; amending

12         s. 548.008, F.S.; providing that the

13         prohibition of toughman and badman competitions

14         shall not preclude mixed martial arts; creating

15         s. 548.015, F.S.; authorizing the commission to

16         require the posting of a bond or other form of

17         security by concessionaires; amending s.

18         548.017, F.S.; conforming terminology;

19         providing requirements for ringside physicians;

20         requiring concessionaires to be licensed;

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

22         penalty for attempting to obtain a license by

23         means of fraudulent information; creating s.

24         548.024, F.S.; authorizing the commission to

25         adopt rules providing for background

26         investigations of applicants for licensure;

27         providing for the submission of fingerprint

28         cards; providing procedure for processing

29         fingerprint cards; amending s. 548.028, F.S.;

30         expanding provisions with respect to persons

31         whom the commission may not license; amending

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         s. 548.035, F.S.; requiring a minimum permit

  2         fee for mixed martial arts events; amending s.

  3         548.041, F.S.; providing requirements and

  4         restrictions with respect to age, condition,

  5         and suspension of participants; providing for

  6         revocation of license under specified

  7         circumstances; amending s. 548.043, F.S.;

  8         clarifying provisions relating to weights and

  9         classes of participants; prescribing glove

10         weights for mixed martial arts participants;

11         providing requirements and procedure for the

12         weighing of participants in a boxing match;

13         amending s. 548.046, F.S.; revising provisions

14         with respect to physicians' attendance at

15         boxing matches; providing state insurance

16         coverage and sovereign immunity protection for

17         assigned physicians; authorizing blood tests of

18         participants prior to a match; providing for

19         cancellation of the match for a test showing

20         the presence of a communicable disease or for

21         failure to present blood test results, if

22         required; authorizing the commission to adopt

23         rules relating to blood tests; requiring the

24         provision of urine samples by participants

25         under specified circumstances; providing for

26         revocation of license for failure or refusal to

27         provide a required urine sample; providing

28         conditions with respect to forfeiture and

29         redistribution of purse upon failure or refusal

30         to provide a required urine sample; specifying

31         authority of physicians at boxing matches;

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         providing procedure in the event of injury of a

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

  3         the minimum coverage amount of required

  4         insurance for participants in boxing matches;

  5         requiring promoters to pay any deductible for

  6         such insurance policy; amending s. 548.05,

  7         F.S.; providing additional requirements with

  8         respect to contracts between managers and

  9         professionals; conforming terminology; amending

10         s. 548.052, F.S.; conforming terminology;

11         amending s. 548.057, F.S.; revising provisions

12         relating to attendance of referees and judges

13         at matches, the scoring of matches, and seconds

14         at matches to provide for applicability of

15         requirements with respect thereto to all

16         matches; revising terminology; placing

17         specified restrictions on judges of boxing

18         matches; providing requirements with respect to

19         number and location of judges; amending s.

20         548.06, F.S., relating to payments to the

21         state; revising components which constitute

22         gross receipts; providing requirements with

23         respect to the sale or extension of rights to a

24         telecast of a match held in the state;

25         requiring a written report; requiring

26         concessionaires to file specified written

27         reports; providing requirements with respect to

28         written reports; amending s. 548.061, F.S.;

29         revising provisions relating to the required

30         filing of reports regarding, and payment of tax

31         from the sale of tickets for, closed circuit

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         telecasts to provide applicability of such

  2         requirements to any match; amending s. 548.074,

  3         F.S.; providing that the department shall have

  4         the power to administer oaths, take

  5         depositions, make inspections, serve subpoenas,

  6         and compel the attendance of witnesses and

  7         other evidence; amending s. 548.075, F.S.;

  8         authorizing the commission to adopt rules to

  9         permit the issuance of citations; providing an

10         effective date.

11

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

13

14         Section 1.  Section 548.002, Florida Statutes, is

15  amended to read:

16         548.002  Definitions.--As used in this act, the term:

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

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

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

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

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

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

23  Commission.

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

25  entity not licensed as a promoter which receives revenues or

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

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

28  concessions in conjunction with the promotion of a match.

29         (5)(4)  "Contest" means a boxing, or kickboxing, or

30  mixed martial arts engagement in which the participants strive

31  earnestly to win.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         (6)(5)  "Department" means the Department of Business

  2  and Professional Regulation.

  3         (7)(6)  "Exhibition" means a boxing, or kickboxing, or

  4  mixed martial arts engagement in which the participants show

  5  or display their skill without necessarily striving to win.

  6         (8)(7)  "Foreign copromoter" means a promoter who has

  7  no place of business within this state.

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

  9  determining the winner of any contest.

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

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

12  "punchkick" and other similar competitions.

13         (11)(10)  "Manager" means any person who, directly or

14  indirectly, controls or administers the boxing, or kickboxing,

15  or mixed martial arts affairs of any participant.

16         (12)(11)  "Match" means any contest or exhibition.

17         (13)(12)  "Matchmaker" means a person who brings

18  together professionals or arranges matches for professionals.

19         (14)  "Mixed martial arts" means unarmed combat

20  involving the use, subject to any applicable limitations set

21  forth in this chapter, of a combination of techniques from

22  different disciplines of the martial arts, including, but not

23  limited to, grappling, kicking, and striking.

24         (15)  "Participant" means a professional competing in a

25  boxing, kickboxing, or mixed martial arts match.

26         (16)(13)  "Physician" means an individual licensed to

27  practice medicine and surgery in this state.

28         (17)(14)  "Professional" means a person who has

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

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

31  participating in any match.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         (18)(15)  "Promoter" means any person, and includes any

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

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

  4  involving a professional.

  5         (19)(16)  "Purse" means the financial guarantee or

  6  other remuneration for which a professional is participating

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

  8  payment received for radio broadcasting, television, and

  9  motion picture rights.

10         (20)  "Second" or "cornerman" means a person who

11  assists the match participant between rounds and maintains the

12  corner of the participant during the match.

13         (21)(17)  "Secretary" means the Secretary of Business

14  and Professional Regulation.

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

16  Florida Statutes, are amended to read:

17         548.003  Florida State Boxing Commission; organization;

18  meetings; accountability of commission members; compensation

19  and travel expenses; association membership and

20  participation.--

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

22  is assigned to the Department of Business and Professional

23  Regulation for administrative and fiscal accountability

24  purposes only. The Florida State Boxing Commission shall

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

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

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

28  maintain an unencumbered license in good standing, and who

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

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

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

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




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

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

  3  replacement is appointed.  If a vacancy on the commission

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

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

  6  the original appointment.

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

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

  9  chapter. The commission has authority to adopt rules pursuant

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

11  this chapter and to implement each of the duties and

12  responsibilities conferred upon the commission, including, but

13  not limited to:

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

15  commissioners, commission staff, and commission officials;

16         (b)  Facility and safety requirements relating to the

17  ring, floor plan and apron seating, emergency medical

18  equipment and services, and other equipment and services

19  necessary for the conduct of a program of matches;

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

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

22  a match;

23         (d)  Requirements relating to a manager's

24  participation, presence, and conduct during a match;

25         (e)  Duties and responsibilities of all licensees under

26  this chapter;

27         (f)  Procedures for hearings and resolution of

28  disputes;

29         (g)  Qualifications for appointment of referees and

30  judges;

31

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         (h)  Qualifications for and appointment of chief

  2  inspectors and inspectors and duties and responsibilities of

  3  chief inspectors and inspectors with respect to oversight and

  4  coordination of activities for each program of matches

  5  regulated under this chapter;

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

  7  and

  8         (j)  Setting fee and reimbursement schedules for

  9  referees and other officials appointed by the commission or

10  the representative of the commission.

11         Section 3.  Section 548.006, Florida Statutes, is

12  amended to read:

13         548.006  Power of commission to control pugilistic

14  contests and exhibitions; certification of competitiveness of

15  mixed martial arts and kickboxing matches.--

16         (1)  The commission has exclusive jurisdiction over

17  every match held within the state which involves a

18  professional.

19         (2)  As to mixed martial arts and kickboxing, until a

20  central repository of match records for each exists and is

21  approved by the commission, the matchmaker shall certify as to

22  the competitiveness of each match.

23         (3)  Matches shall be held in accordance with this

24  chapter and the rules adopted by the commission.

25         Section 4.  Subsection (1) of section 548.008, Florida

26  Statutes, is amended to read:

27         548.008  Toughman and badman competition prohibited.--

28         (1)  No professional or amateur toughman or badman

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

30  state.  Such competition includes any contest or exhibition

31  where participants compete by using a combination of fighting

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




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

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

  3  Notwithstanding the above, this section shall not preclude

  4  kickboxing or mixed martial arts as regulated by this chapter.

  5         Section 5.  Section 548.015, Florida Statutes, is

  6  created to read:

  7         548.015  Concessionaires; security.--The commission may

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

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

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

11  some other form of security with the commission in such

12  reasonable amount as the commission determines.

13         Section 6.  Section 548.017, Florida Statutes, is

14  amended to read:

15         548.017  Participants Boxers, managers, and other

16  persons required to have licenses.--

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

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

19  matchmaker, concessionaire, or booking agent or representative

20  of a booking agent shall be licensed before directly or

21  indirectly acting in such capacity in connection with any

22  match involving a participant professional. A physician must

23  be licensed pursuant to chapter 458 or chapter 459, must

24  maintain an unencumbered license in good standing, and must

25  demonstrate satisfactory medical training or experience in

26  boxing, or a combination of both, to the executive director

27  prior to working as the ringside physician.

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

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

30  775.083.

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         Section 7.  Section 548.021, Florida Statutes, is

  2  amended to read:

  3         548.021  Applications for licenses and permits.--

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

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

  6  commission which shall contain the applicant's social security

  7  number.

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

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

10  application any photographs and other exhibits required.

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

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

13  required to provide his or her social security number in

14  accordance with this section.  Disclosure of social security

15  numbers obtained through this requirement shall be limited to

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

17  child support enforcement.

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

19  knowingly making false or fraudulent representations in any

20  application or who otherwise knowingly makes false statements

21  concerning her or his medical history, boxing, kickboxing, or

22  mixed martial arts records, or other personal information

23  commits a misdemeanor of the second degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         Section 8.  Section 548.024, Florida Statutes, is

26  created to read:

27         548.024  Background investigation of applicants for

28  licensure.--

29         (1)  The commission is authorized to adopt rules

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

31  background investigations of applicants for licensure under

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




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

  2  information provided in the application; ensuring that there

  3  are no active or pending criminal or civil indictments against

  4  the applicant; and ensuring satisfaction of all other

  5  requirements of this chapter. The background investigation may

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

  7  history of the applicant.

  8         (2)  If the commission requires a background criminal

  9  history investigation of any applicant, it shall require the

10  applicant to submit to the department a fingerprint card for

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

12  Division of Criminal Justice Information Systems within the

13  Department of Law Enforcement and the Federal Bureau of

14  Investigation for purposes of processing the fingerprint card

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

16  The information obtained by the processing of the fingerprint

17  card by the Department of Law Enforcement and the Federal

18  Bureau of Investigation shall be sent to the department for

19  the purpose of determining if the applicant is statutorily

20  qualified for licensure.

21         Section 9.  Section 548.028, Florida Statutes, is

22  amended to read:

23         548.028  Refusal to issue license.--The commission

24  shall not issue a license to:

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

26  jurisdiction has been convicted of any act, or that has a

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

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

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

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

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  license or against whom such charges are pending before any

  2  regulatory body; or

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

  4  named in any an information or indictment, or that has a

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

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

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

  8  suspension or revocation of a license.

  9         Section 10.  Section 548.035, Florida Statutes, is

10  amended to read:

11         548.035  Permit fees.--

12         (1)  The commission shall set permit fees based on

13  seating capacity of the premises where the program is to be

14  presented as follows:

15         (a)(1)  If the seating capacity is less than 2,000

16  persons, the fee shall not exceed $50.

17         (b)(2)  If the seating capacity is 2,000 persons or

18  more but does not exceed 5,000 persons, the fee shall not

19  exceed $100.

20         (c)(3)  If the seating capacity exceeds 5,000 persons,

21  the fee shall not exceed $250.

22         (2)  For mixed martial arts matches, the commission

23  shall require a minimum fee of $5,000 per event. For purposes

24  of this section, an "event" is one or more matches comprising

25  a show.

26         Section 11.  Section 548.041, Florida Statutes, is

27  amended to read:

28         (Substantial rewording of section. See

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

30         548.041  Age, condition, and suspension of

31  participants.--

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




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

  2  and the license of any participant shall be suspended or

  3  revoked, if such person:

  4         (a)  Is under the age of 18;

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

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

  7  commission properly constituted under federal law; or

  8         (c)  Does not meet certain health and medical

  9  examination conditions as required by rule of the commission.

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

11  being counted out in any jurisdiction shall be automatically

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

13  physician or commission representative, or 60 calendar days

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

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

16  or contact sparring for training purposes during the

17  suspension period. After the suspension period and before

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

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

20  physician. The participant shall advise the physician of the

21  previous knockout or technical draw and shall provide medical

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

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

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

25  this examination shall be filed with the commission before any

26  further matches are approved for the participant.

27         (b)  A participant losing by technical knockout,

28  technical draw, or disqualification shall be automatically

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

30  physician or commission representative, or 30 calendar days

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

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  disqualification, whichever is longer. A participant shall not

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

  3  for training purposes during the suspension period without the

  4  approval of the physician. After the suspension period and

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

  6  sparring for training purposes, the participant shall be

  7  examined by a physician. The participant shall advise the

  8  physician of the previous knockout or technical draw and shall

  9  provide medical records or his or her permission for the

10  physician to consult with the physician who was the treating

11  physician at the time of the previous knockout or technical

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

13  commission before any further matches are approved for the

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

15  representative shall determine whether a medical clearance

16  shall be required following suspension.

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

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

19  consecutive losses, an injury, requirement for a medical

20  procedure, physician denial of certification, failure of a

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

22  to falsify official identification cards or documents shall

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

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

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

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

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

28  suspended in another state for any reason other than those

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

30  participate if the state in which the participant is suspended

31  is notified and consulted with by this state before the

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  granting of approval to participate or the participant appeals

  2  to the Association of Boxing Commissions and the association

  3  determines that the suspension of such participant was without

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

  5  the health and safety of the participant.

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

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

  8  the participant or the participant's manager has contracted

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

10  physical disability, furnish a physician's certificate shall

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

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

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

14  and shall not be reinstated if such participant intentionally

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

16  in any way any official.

17         Section 12.  Subsections (1), (2), and (3) of section

18  548.043, Florida Statutes, are amended, and subsection (4) is

19  added to that section, to read:

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

21         (1)  The commission shall establish classes of

22  participants boxers based upon weights.

23         (2)  The commission shall establish by rule the

24  acceptable difference in weight between participants; however,

25  the maximum difference in weight in boxing matches shall not

26  exceed 12 pounds, except matches in the cruiserweight and

27  heavyweight classes and exhibitions held solely for training

28  purposes.

29         (3)  The commission shall establish by rule the

30  appropriate weight of boxing gloves to be used in each boxing

31  match; however, all participants in boxing matches shall wear

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  boxing gloves weighing not less than 8 ounces each and

  2  participants in mixed martial arts matches shall wear gloves

  3  weighing 4 to 8 ounces each. Participants shall wear such

  4  protective devices as the commission deems necessary.

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

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

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

  8  be conducted in the presence of the opponent of the

  9  participant and a commission representative.  If a participant

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

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

12  permitted to be weighed without the late-arriving participant

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

14  shall not lose his or her right of observing the weighing in

15  of his or her opponent.  The weigh-in shall occur no sooner

16  than 4 p.m. on the day preceding the date of the program of

17  matches or at such other time as designated by the commission

18  or commission representative.

19         Section 13.  Section 548.046, Florida Statutes, is

20  amended to read:

21         548.046  Physician's attendance at match; examinations;

22  cancellation of match.--

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

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

25  observe the physical condition of the participants and advise

26  the commissioner or commission representative deputy in charge

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

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

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

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

31  attended by the physician. The physician shall be considered

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  an agent of the commission in determining the state insurance

  2  coverage and sovereign immunity protection applicability of

  3  ss. 284.31 and 768.28.

  4         (2)(a)  In addition to any other required examination,

  5  each participant shall be examined by the attending physician

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

  7  participant is physically or mentally unfit to proceed, the

  8  physician shall notify any commissioner or the commission

  9  representative who shall immediately cancel the match.  The

10  examination shall conform to rules adopted by the commission

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

12  result of the examination shall be reported in a writing

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

14  completion of the weigh-in.

15         (b)  The commission may require, by rule, each

16  participant to present to the commission representative at the

17  time of the weigh-in an original copy of blood test results

18  which demonstrate whether the participant is free from any

19  communicable disease.  If required by the commission and the

20  blood test results are not presented as required by commission

21  rule or reveal the participant has a communicable disease, the

22  commission representative shall immediately cancel the match.

23  The commission may adopt, by rule, protocols and procedures

24  for the blood tests and the cancellation of a match, a list of

25  communicable diseases covered by this paragraph, and a time

26  period within which the blood test must be taken prior to the

27  match.

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

29  title fight, or whenever the commission representative has

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

31  prohibited drug or foreign substance, the commission

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  representative shall request and the participant shall

  2  provide, under the supervision of the attending physician,

  3  commission representative, or inspector, a sample or samples

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

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

  6  conclusion of the match. No participant shall use substances

  7  or methods which could alter the integrity of the urine

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

  9  protocol as agreed upon in writing between the commission and

10  the laboratory used for processing the urine samples.

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

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

13  participant in a match is tested randomly, the other

14  participant in the match shall be tested also.

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

16  immediately upon request shall result in the revocation of the

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

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

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

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

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

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

23  and shall not be allowed to engage in any future match in the

24  state. A no-decision result shall be entered into the official

25  record as the result of the match. The purse shall be

26  redistributed as though the participant found to be in

27  violation of this subsection had lost the match. If

28  redistribution of the purse is not necessary or after

29  redistribution of the purse is completed, the participant

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

31  or her share of the purse to the commission.

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         (4)  The attending physician or physicians shall

  2  provide medical assistance at the facility to the commission

  3  representative and medical advice to the referee during the

  4  match and shall be accorded the cooperation of all commission

  5  representatives and licensees present for the purpose of

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

  7  the attending physician, the referee has received an injury

  8  that prohibits the referee from continuing to officiate, the

  9  physician shall notify the commission representative, who

10  shall temporarily halt the match.  The injured referee shall

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

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

13  qualified person. The commission representative shall then

14  direct that the match continue under the supervision of the

15  referee or under the supervision of another referee if the

16  referee is unable to continue.

17         Section 14.  Section 548.049, Florida Statutes, is

18  amended to read:

19         548.049  Medical, surgical, and hospital insurance;

20  life insurance.--

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

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

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

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

25  insured shall be the beneficiary of such policies. Any

26  deductible associated with the insurance policy shall be paid

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

28  participant.

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

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

31

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  covering deaths caused by injuries received while engaged in

  2  matches.

  3         Section 15.  Subsections (1) and (2) of section 548.05,

  4  Florida Statutes, are amended to read:

  5         548.05  Control of contracts.--

  6         (1)  The commission shall adopt rules governing the

  7  form and content of contracts executed in this state between

  8  managers between promoters, foreign copromoters, and

  9  participants professionals.  All such contracts shall be in

10  writing and shall contain all provisions specifically worded

11  as required by rules of the commission. Contracts that do not

12  contain all provisions specifically worded as required by

13  rules of the commission shall be deemed to contain such

14  provisions. A copy of all such contracts must be filed with

15  the commission within 7 days after execution.

16         (2)  Each contract between a manager and a participant

17  professional shall contain provisions governing its duration,

18  division of the participant's professional's purses, and any

19  minimum sum guaranteed annually to the participant

20  professional by the manager.  Each contract shall provide that

21  it is automatically terminated if the license of either party

22  is revoked by the commission or if the manager fails to renew

23  her or his license within 30 days after its expiration date.

24  If the license of either party is suspended, the contract is

25  not binding upon the other party during the period of

26  suspension.

27         Section 16.  Section 548.052, Florida Statutes, is

28  amended to read:

29         548.052  Payment of advances by promoter or foreign

30  copromoter regulated.--A promoter or foreign copromoter may

31  not pay, lend, or give a participant contestant an advance

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  against her or his purse before a contest, except with the

  2  prior written permission of a commissioner; and, if permitted,

  3  such advance may be made only for expenses for transportation

  4  and maintenance in preparation for a contest.

  5         Section 17.  Subsections (1), (2), and (4) of section

  6  548.057, Florida Statutes, are amended, and subsections (6)

  7  through (11) are added to that section, to read:

  8         548.057  Attendance of referee and judges at match;

  9  scoring; seconds.--

10         (1)  At each boxing match involving a participant

11  professional, except at an exhibition held solely for training

12  purposes, at the expense of the promoter, a referee designated

13  by the commission shall direct and control the match.

14         (2)  At each boxing contest, at the expense of the

15  promoters, three judges appointed by the executive director as

16  delegated by the commission shall attend and shall render

17  their individual decisions in writing on scorecards supplied

18  by the commission.  Each judge shall have one vote, and a

19  majority of the votes cast shall determine the winner.

20         (4)  Before the start of any boxing match, the referee

21  shall obtain the name of each participant's boxer's chief

22  second.  The chief second shall be responsible for the conduct

23  of her or his assistants during the match.

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

31

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  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 18.  Subsection (1) of section 548.06, Florida

19  Statutes, is amended, present subsections (2) and (3) of that

20  section are renumbered as subsections (5) and (6),

21  respectively, and new subsections (2), (3), and (4) are added

22  to that section, to read:

23         548.06  Payments to state; exemptions.--

24         (1)  A promoter holding a match shall, within 72 hours

25  after the match, file with the commission a written report

26  which includes the number of tickets sold, the amount of gross

27  receipts, and any other facts the commission may require.  For

28  the purposes of this chapter, total gross receipts include:

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

30  broadcasting, television, and motion picture rights without

31

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1  any deductions for commissions, brokerage fees, distribution

  2  fees, advertising, or other expenses or charges;

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

  4  souvenirs, programs, and other concessions received by the

  5  promoter; and

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

  7  complimentary tickets issued, provided, or given; and.

  8         (d)  The face value of any seat or seating issued,

  9  provided, or given in exchange for advertising, sponsorships,

10  or anything of value to the promotion of an event.

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

12  held in this state under the supervision of the Florida State

13  Boxing Commission are in whole owned by, sold to, acquired by,

14  or held by any person who intends to or subsequently sells or,

15  in some other manner, extends such rights in part to another,

16  such person is deemed to be a promoter and must be licensed as

17  such in this state. Such person shall, within 72 hours after

18  the sale, transfer, or extension of such rights in whole or in

19  part, file with the commission a written report that includes

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

21  any other facts the commission may require.

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

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

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

25  any other facts the commission may require.

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

27  commission under this section shall be postmarked within 72

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

29  days shall be allowed for mailing.

30         Section 19.  Section 548.061, Florida Statutes, is

31  amended to read:

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1         548.061  Closed circuit television.--Each person or

  2  club that holds or shows any boxing or sparring matches on a

  3  closed circuit telecast viewed within this state, whether

  4  originating within this state or another state, shall file a

  5  written report, under oath, which states the exact number of

  6  tickets sold for the showing, the amount of gross receipts,

  7  and any other information the commission requires and shall,

  8  within 72 hours after the telecast, pay a tax of 5 percent of

  9  its total gross receipts from the sale of tickets.

10         Section 20.  Section 548.074, Florida Statutes, is

11  amended to read:

12         548.074  Power to administer oaths, take depositions,

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

14  proceeding conducted pursuant to this chapter, the department

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

16  make inspections when authorized by statute, issue subpoenas

17  which shall be supported by affidavit, serve subpoenas and

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

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

20  The department shall exercise this power on its own initiative

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

22  enforcement of, subpoenas and orders shall be handled as

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

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

25  subpoenas requiring the attendance and testimony of, or the

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

27  commission believes to have information or documents of

28  importance to any commission investigation.

29         Section 21.  Section 548.075, Florida Statutes, is

30  amended to read:

31         548.075  Administrative fines; citations.--

                                  24

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




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

  2  $5,000 for any violation of this chapter in lieu of or in

  3  addition to any other punishment provided for such violation.

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

  5  120.536(1) and 120.54 to permit the issuance of citations for

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

  7  other punishment provided for such violation.

  8         Section 22.  This act shall take effect upon becoming a

  9  law.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  25

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2002                           CS for SB 1268
    315-1812-02




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 1268

  3

  4  The committee substitute is substantially similar to the bill.
    It provides for the following additional changes:
  5
    -Expands the definitions of contest, exhibition, manager, and
  6  adds the definition of participant to include mixed martial
    arts. Defines mixed martial arts.
  7
    -Subdivides s. 548.006, F.S., creating subsection (2) to
  8  require certification of competitiveness of mixed martial arts
    and boxing matches until a central repository of records for
  9  each exists and is approved by the commission.

10  -Amends s. 548.008, F.S., to preclude mixed martial arts from
    the prohibition of toughman and badman competitions.
11
    -Removes section 4 of the bill, which requires the Commission
12  to conduct a review and analysis of boxing competitions not
    currently regulated or sanctioned, and to provide
13  recommendation to DBPR and the Legislature regarding rules or
    legislation needed for effective regulation.
14
    -Amends s. 548.017, F.S., to change references regarding
15  "boxers" to "participants" and makes technical changes to
    conform to definitions.
16
    -Amends s. 548.035, F.S., to require a minimum fee for mixed
17  martial arts events.

18  -Amends s. 548.041. F.S., to change references regarding
    "boxers" to "participants".
19
    -Amends s. 548.043, F.S., to conform to definitions, clarify
20  weights and classes of participants, and requires glove
    weights for mixed martial arts participants.
21
    -Amends ss. 548.05 and 548.052, F.S., to conform terms to
22  definitions.

23  -Amends s. 548.057, F.S., to provide application of
    requirements regarding attendance of referees and judges to
24  all matches.

25  -Amends s. 548.061, F.S., to provide applicability of that
    section to any match.
26

27

28

29

30

31

                                  26

CODING: Words stricken are deletions; words underlined are additions.