HB 0127 2004
   
1 A bill to be entitled
2          An act relating to pugilistic contests and exhibitions;
3    providing a popular name; amending s. 548.002, F.S.;
4    defining the term "amateur sanctioning organization";
5    revising certain definitions to apply them to both amateur
6    and professional participants; amending s. 548.003, F.S.;
7    providing the Florida State Boxing Commission the
8    responsibility for, and the authority to adopt rules
9    relating to, the approval of amateur sanctioning
10    organizations for amateur boxing and kickboxing matches
11    held in the state; amending s. 548.006, F.S.; limiting
12    required certification of competitiveness of mixed martial
13    arts and kickboxing matches to professional matches;
14    expanding power of the commission to control pugilistic
15    contests and exhibitions to include exclusive jurisdiction
16    over the approval of amateur sanctioning organizations for
17    amateur boxing and kickboxing matches; specifying
18    requirements for the holding of professional and amateur
19    matches; creating s. 548.0065, F.S.; prohibiting certain
20    amateur matches except under certain circumstances;
21    prohibiting approval of amateur sanctioning organizations
22    not meeting and enforcing certain health and safety
23    standards and not meeting certain other background,
24    training, and experience requirements; providing for
25    periodic checks for compliance with enforcement and
26    supervision requirements; requiring biennial or sooner, if
27    necessary, sanctioning review; providing for continuation,
28    suspension, or revocation of sanctioning approval pursuant
29    to such review; amending s. 548.008, F.S.; prohibiting the
30    holding of certain amateur matches not sanctioned and
31    supervised by an amateur sanctioning organization approved
32    by the commission; prohibiting the holding of amateur
33    mixed martial arts matches; prohibiting the holding of
34    professional matches not meeting the requirements of ch.
35    548, F.S., and rules adopted by the commission; providing
36    penalties for participating in or holding, promoting, or
37    sponsoring a prohibited match; deleting provisions
38    relating to professional or amateur toughman or badman
39    competitions; repealing s. 548.007, F.S., relating to
40    applicability of ch. 548, F.S., to amateur matches and
41    certain other matches or events; providing an effective
42    date.
43         
44          Be It Enacted by the Legislature of the State of Florida:
45         
46          Section 1. This act shall be known by the popular name the
47    "Stacy Young Act."
48          Section 2. Section 548.002, Florida Statutes, is amended
49    to read:
50          548.002 Definitions.--As used in this chapter act, the
51    term:
52          (1) "Amateur" means a person who has never received nor
53    competed for any purse or other article of value, either for the
54    expenses of training or for participating in a match, other than
55    a prize of $50 in value or less.
56          (2) "Amateur sanctioning organization" means any business
57    entity organized for sanctioning and supervising matches
58    involving amateurs.
59          (3)(2)"Boxing" means to compete with the fists.
60          (4)(3)"Commission" means the Florida State Boxing
61    Commission.
62          (5)(4)"Concessionaire" means any person or business
63    entity not licensed as a promoter which receives revenues or
64    other compensation from the sale of tickets or from the sale of
65    souvenirs, programs, broadcast rights, or any other concessions
66    in conjunction with the promotion of a match.
67          (6)(5)"Contest" means a boxing, kickboxing, or mixed
68    martial arts engagement in which persons participating the
69    participants strive earnestly to win using, but not necessarily
70    being limited to, strikes and blows to the head.
71          (7)(6)"Department" means the Department of Business and
72    Professional Regulation.
73          (8)(7)"Exhibition" means a boxing, kickboxing, or mixed
74    martial arts engagement in which persons participating the
75    participantsshow or display their skill without necessarily
76    striving to win using, but not necessarily being limited to,
77    strikes and blows to the head.
78          (9)(8)"Foreign copromoter" means a promoter who has no
79    place of business within this state.
80          (10)(9)"Judge" means a person who has a vote in
81    determining the winner of any contest.
82          (11)(10)"Kickboxing" means to compete with the fists,
83    feet, legs, or any combination thereof, and includes "punchkick"
84    and other similar competitions.
85          (12)(11)"Manager" means any person who, directly or
86    indirectly, controls or administers the boxing, kickboxing, or
87    mixed martial arts affairs of any participant.
88          (13)(12)"Match" means any contest or exhibition.
89          (14)(13)"Matchmaker" means a person who brings together
90    professionals or arranges matches for professionals.
91          (15)(14)"Mixed martial arts" means unarmed combat
92    involving the use, subject to any applicable limitations set
93    forth in this chapter, of a combination of techniques from
94    different disciplines of the martial arts, including, but not
95    limited to, grappling, kicking, and striking.
96          (16)(15)"Participant" means a professional competing in a
97    boxing, kickboxing, or mixed martial arts match.
98          (17)(16)"Physician" means an individual licensed to
99    practice medicine and surgery in this state.
100          (18)(17)"Professional" means a person who has received or
101    competed for any purse or other article of a value greater than
102    $50, either for the expenses of training or for participating in
103    any match.
104          (19)(18)"Promoter" means any person, and includes any
105    officer, director, employee, or stockholder of a corporate
106    promoter, who produces, arranges, or stages any match involving
107    a professional.
108          (20)(19)"Purse" means the financial guarantee or other
109    remuneration for which a professional is participating in a
110    match and includes the professional's share of any payment
111    received for radio broadcasting, television, and motion picture
112    rights.
113          (21)(20)"Second" or "cornerman" means a person who
114    assists the match participant between rounds and maintains the
115    corner of the participant during the match.
116          (22)(21)"Secretary" means the Secretary of Business and
117    Professional Regulation.
118          Section 3. Subsection (2) of section 548.003, Florida
119    Statutes, is amended to read:
120          548.003 Florida State Boxing Commission.--
121          (2) The Florida State Boxing Commission, as created by
122    subsection (1), shall administer the provisions of this chapter.
123    The commission has authority to adopt rules pursuant to ss.
124    120.536(1) and 120.54 to implement the provisions of this
125    chapter and to implement each of the duties and responsibilities
126    conferred upon the commission, including, but not limited to:
127          (a) Development of an ethical code of conduct for
128    commissioners, commission staff, and commission officials.;
129          (b) Facility and safety requirements relating to the ring,
130    floor plan and apron seating, emergency medical equipment and
131    services, and other equipment and services necessary for the
132    conduct of a program of matches.;
133          (c) Requirements regarding a participant's apparel,
134    bandages, handwraps, gloves, mouthpiece, and appearance during a
135    match.;
136          (d) Requirements relating to a manager's participation,
137    presence, and conduct during a match.;
138          (e) Duties and responsibilities of all licensees under
139    this chapter.;
140          (f) Procedures for hearings and resolution of disputes.;
141          (g) Qualifications for appointment of referees and
142    judges.;
143          (h) Qualifications for and appointment of chief inspectors
144    and inspectors and duties and responsibilities of chief
145    inspectors and inspectors with respect to oversight and
146    coordination of activities for each program of matches regulated
147    under this chapter.;
148          (i) Designation and duties of a knockdown timekeeper.; and
149          (j) Setting fee and reimbursement schedules for referees
150    and other officials appointed by the commission or the
151    representative of the commission.
152          (k) Establishment of criteria for approval, disapproval,
153    suspension of approval, and revocation of approval of amateur
154    sanctioning organizations for amateur boxing and kickboxing
155    matches held in this state, including, but not limited to, the
156    health and safety standards the organizations use before,
157    during, and after the matches to ensure the health, safety, and
158    well-being of the amateurs participating in the matches,
159    including the qualifications and numbers of health care
160    personnel required to be present, the qualifications required
161    for referees, and other requirements relating to the health,
162    safety, and well-being of the amateurs participating in the
163    matches.
164          Section 4. Section 548.006, Florida Statutes, is amended
165    to read:
166          548.006 Power of commission to control professional and
167    amateurpugilistic contests and exhibitions; certification of
168    competitiveness of professionalmixed martial arts and
169    kickboxing matches.--
170          (1) The commission has exclusive jurisdiction over every
171    match held within the state which involves a professional.
172          (2) As to professionalmixed martial arts and kickboxing,
173    until a central repository of match records for each exists and
174    is approved by the commission, the matchmaker shall certify as
175    to the competitiveness of each match.
176          (3) The commission has exclusive jurisdiction over
177    approval, disapproval, suspension of approval, and revocation of
178    approval of all amateur sanctioning organizations for amateur
179    boxing and kickboxing matches held in this state.
180          (4)(3) Professional and amateurmatches shall be held in
181    accordance with this chapter and the rules adopted by the
182    commission.
183          Section 5. Section 548.0065, Florida Statutes, is created
184    to read:
185          548.0065 Amateur matches; sanctioning and supervision;
186    health and safety standards; compliance checks; continuation,
187    suspension, and revocation of sanctioning approval.--
188          (1) No match involving amateurs that utilizes, but is not
189    necessarily limited to, strikes or blows to the head may be held
190    in this state unless it is sanctioned and supervised by an
191    amateur sanctioning organization approved by the commission. An
192    approved amateur sanctioning organization may only sanction and
193    supervise the contests or exhibitions in the particular sport or
194    sports for which it has expertise and for which it is approved
195    by the commission.
196          (2) The commission may not approve any amateur sanctioning
197    organization for boxing whose health and safety standards are
198    less stringent than those of USA Boxing and for kickboxing whose
199    health and safety standards are less stringent than those of the
200    International Sport Kickboxing Association.
201          (3) The commission may not approve any amateur sanctioning
202    organization unless it has adopted and agreed to enforce a
203    defined set of standards that applies to all matches which will
204    adequately protect the health and safety of the amateurs
205    participating in the matches and the public and can adequately
206    demonstrate to the satisfaction of the commission that the
207    principals of the organization have sufficient background,
208    training, and experience in sanctioning and supervising matches
209    for which the organization is approved.
210          (4) Periodic compliance checks may be performed by a
211    representative of the commission designated by the executive
212    director in order to ensure enforcement of approved health and
213    safety standards and supervision of matches by the approved
214    amateur sanctioning organization.
215          (5) Notwithstanding any provision of chapter 120, any
216    member of the commission or the executive director of the
217    commission may, upon her or his own motion or upon the verified
218    written complaint of any person charging the approved amateur
219    sanctioning organization with failure to supervise the amateur
220    matches or to enforce the approved health and safety standards
221    required under this chapter, suspend the approval of the
222    organization to sanction and supervise amateur matches. The
223    commission shall hold a hearing within 10 days after the date on
224    which the approval is suspended.
225          (6) The commission shall review its approval of the
226    amateur sanctioning organization at least biennially, or sooner
227    if determined necessary based upon the periodic compliance
228    checks or complaints to the commission, to determine
229    continuation of approval. The commission may continue approval
230    or may suspend or revoke approval based upon compliance of the
231    organization with the approved sanctioning standards and its
232    ability to supervise matches in the state.
233          Section 6. Section 548.008, Florida Statutes, is amended
234    to read:
235          548.008 Toughman and badman competition Prohibited
236    competitions.--
237          (1) No match involving amateurs that utilizes, but is not
238    necessarily limited to, strikes or blows to the head may be held
239    in this state unless it is sanctioned and supervised by an
240    amateur sanctioning organization approved by the commission as
241    required by this chapter.
242          (2) No amateur mixed martial arts match may be held in
243    this state.
244          (3) No professional match may be held in this state unless
245    it meets the requirements for holding the match as provided in
246    this chapter and the rules adopted by the commission.
247          (1) No professional or amateur toughman or badman match,
248    as described in this section, may be held in this state. Such
249    competition includes any contest or exhibition where
250    participants compete by using a combination of skills. Such
251    skills may include, but are not limited to, boxing, wrestling,
252    kicking, or martial arts skills. Notwithstanding the above, this
253    section shall not preclude kickboxing or mixed martial arts as
254    regulated by this chapter.
255          (4)(a)(2) Any person participating in a match prohibited
256    under this section, knowing the match to be prohibited, commits
257    or promoting a professional or amateur toughman or badman match
258    is guilty ofa misdemeanor of the second degree, punishable as
259    provided in s. 775.082 or s. 775.083.
260          (b) Any person holding, promoting, or sponsoring a match
261    prohibited under this section commits a felony of the third
262    degree, punishable as provided in s. 775.082, s. 775.083, or s.
263    775.084.
264          Section 7. Section 548.007, Florida Statutes, is repealed.
265          Section 8. This act shall take effect upon becoming a law.