Senate Bill sb1268er
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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
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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;
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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
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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.
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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.
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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
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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;
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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
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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.
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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
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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
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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.--
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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 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
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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:
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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.--
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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.
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