HB 0127CS

CHAMBER ACTION



1The Committee on Commerce recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to pugilistic contests and exhibitions;
7providing a popular name; amending s. 548.002, F.S.;
8defining the term "amateur sanctioning organization";
9revising certain definitions to apply them to both amateur
10and professional participants; amending s. 548.003, F.S.;
11providing the Florida State Boxing Commission the
12responsibility for, and the authority to adopt rules
13relating to, the approval of amateur sanctioning
14organizations for amateur boxing and kickboxing matches
15held in the state; authorizing the commission to adopt by
16rule, or incorporate by reference into rule, the health
17and safety standards of certain specified boxing and
18kickboxing organizations; requiring the commission to
19review its rules at least every 2 years; authorizing the
20commission to adopt emergency rules; amending s. 548.056,
21F.S.; deleting a promoter from a list of persons who are
22prohibited from having a financial interest in a
23participant; amending s. 548.006, F.S.; limiting required
24certification of competitiveness of mixed martial arts and
25kickboxing matches to professional matches; expanding
26power of the commission to control pugilistic contests and
27exhibitions to include exclusive jurisdiction over the
28approval of amateur sanctioning organizations for amateur
29boxing and kickboxing matches; specifying requirements for
30the holding of professional and amateur matches; creating
31s. 548.0065, F.S.; prohibiting certain amateur matches
32except under certain circumstances; prohibiting approval
33of amateur sanctioning organizations not meeting and
34enforcing certain health and safety standards and not
35meeting certain other background, training, and experience
36requirements; providing for periodic checks for compliance
37with enforcement and supervision requirements; providing
38procedures for suspending the approval of an amateur
39sanctioning organization that fails to comply with the
40health and safety standards required by ch. 548, F.S.;
41providing that a member of the commission or a
42representative of the commission may immediately suspend
43an amateur match that appears to violate health and safety
44standards; authorizing a law enforcement officer to assist
45in enforcing a suspension order; requiring biennial or
46sooner, if necessary, sanctioning review; providing for
47continuation, suspension, or revocation of sanctioning
48approval pursuant to such review; amending s. 548.007,
49F.S.; providing for the applicability of ch. 548, F.S., to
50amateur matches and certain other matches or events;
51amending s. 548.008, F.S.; prohibiting the holding of
52certain amateur matches not sanctioned and supervised by
53an amateur sanctioning organization approved by the
54commission; prohibiting the holding of amateur mixed
55martial arts matches; prohibiting the holding of
56professional matches not meeting the requirements of ch.
57548, F.S., and rules adopted by the commission; providing
58penalties for participating in or holding, promoting, or
59sponsoring a prohibited match; deleting provisions
60relating to professional or amateur toughman or badman
61competitions; providing an effective date.
62
63Be It Enacted by the Legislature of the State of Florida:
64
65     Section 1.  This act shall be known by the popular name the
66"Stacy Young Act."
67     Section 2.  Section 548.002, Florida Statutes, is amended
68to read:
69     548.002  Definitions.--As used in this chapter act, the
70term:
71     (1)  "Amateur" means a person who has never received nor
72competed for any purse or other article of value, either for the
73expenses of training or for participating in a match, other than
74a prize of $50 in value or less.
75     (2)  "Amateur sanctioning organization" means any business
76entity organized for sanctioning and supervising matches
77involving amateurs.
78     (3)(2)  "Boxing" means to compete with the fists.
79     (4)(3)  "Commission" means the Florida State Boxing
80Commission.
81     (5)(4)  "Concessionaire" means any person or business
82entity not licensed as a promoter which receives revenues or
83other compensation from the sale of tickets or from the sale of
84souvenirs, programs, broadcast rights, or any other concessions
85in conjunction with the promotion of a match.
86     (6)(5)  "Contest" means a boxing, kickboxing, or mixed
87martial arts engagement in which persons participating the
88participants strive earnestly to win using, but not necessarily
89being limited to, strikes and blows to the head.
90     (7)(6)  "Department" means the Department of Business and
91Professional Regulation.
92     (8)(7)  "Exhibition" means a boxing, kickboxing, or mixed
93martial arts engagement in which persons participating the
94participants show or display their skill without necessarily
95striving to win using, but not necessarily being limited to,
96strikes and blows to the head.
97     (9)(8)  "Foreign copromoter" means a promoter who has no
98place of business within this state.
99     (10)(9)  "Judge" means a person who has a vote in
100determining the winner of any contest.
101     (11)(10)  "Kickboxing" means to compete with the fists,
102feet, legs, or any combination thereof, and includes "punchkick"
103and other similar competitions.
104     (12)(11)  "Manager" means any person who, directly or
105indirectly, controls or administers the boxing, kickboxing, or
106mixed martial arts affairs of any participant.
107     (13)(12)  "Match" means any contest or exhibition.
108     (14)(13)  "Matchmaker" means a person who brings together
109professionals or arranges matches for professionals.
110     (15)(14)  "Mixed martial arts" means unarmed combat
111involving the use, subject to any applicable limitations set
112forth in this chapter, of a combination of techniques from
113different disciplines of the martial arts, including, but not
114limited to, grappling, kicking, and striking.
115     (16)(15)  "Participant" means a professional competing in a
116boxing, kickboxing, or mixed martial arts match.
117     (17)(16)  "Physician" means an individual licensed to
118practice medicine and surgery in this state.
119     (18)(17)  "Professional" means a person who has received or
120competed for any purse or other article of a value greater than
121$50, either for the expenses of training or for participating in
122any match.
123     (19)(18)  "Promoter" means any person, and includes any
124officer, director, employee, or stockholder of a corporate
125promoter, who produces, arranges, or stages any match involving
126a professional.
127     (20)(19)  "Purse" means the financial guarantee or other
128remuneration for which a professional is participating in a
129match and includes the professional's share of any payment
130received for radio broadcasting, television, and motion picture
131rights.
132     (21)(20)  "Second" or "cornerman" means a person who
133assists the match participant between rounds and maintains the
134corner of the participant during the match.
135     (22)(21)  "Secretary" means the Secretary of Business and
136Professional Regulation.
137     Section 3.  Subsection (2) of section 548.003, Florida
138Statutes, is amended to read:
139     548.003  Florida State Boxing Commission.--
140     (2)  The Florida State Boxing Commission, as created by
141subsection (1), shall administer the provisions of this chapter.
142The commission has authority to adopt rules pursuant to ss.
143120.536(1) and 120.54 to implement the provisions of this
144chapter and to implement each of the duties and responsibilities
145conferred upon the commission, including, but not limited to:
146     (a)  Development of an ethical code of conduct for
147commissioners, commission staff, and commission officials.;
148     (b)  Facility and safety requirements relating to the ring,
149floor plan and apron seating, emergency medical equipment and
150services, and other equipment and services necessary for the
151conduct of a program of matches.;
152     (c)  Requirements regarding a participant's apparel,
153bandages, handwraps, gloves, mouthpiece, and appearance during a
154match.;
155     (d)  Requirements relating to a manager's participation,
156presence, and conduct during a match.;
157     (e)  Duties and responsibilities of all licensees under
158this chapter.;
159     (f)  Procedures for hearings and resolution of disputes.;
160     (g)  Qualifications for appointment of referees and
161judges.;
162     (h)  Qualifications for and appointment of chief inspectors
163and inspectors and duties and responsibilities of chief
164inspectors and inspectors with respect to oversight and
165coordination of activities for each program of matches regulated
166under this chapter.;
167     (i)  Designation and duties of a knockdown timekeeper.; and
168     (j)  Setting fee and reimbursement schedules for referees
169and other officials appointed by the commission or the
170representative of the commission.
171     (k)  Establishment of criteria for approval, disapproval,
172suspension of approval, and revocation of approval of amateur
173sanctioning organizations for amateur boxing and kickboxing
174matches held in this state, including, but not limited to, the
175health and safety standards the organizations use before,
176during, and after the matches to ensure the health, safety, and
177well-being of the amateurs participating in the matches,
178including the qualifications and numbers of health care
179personnel required to be present, the qualifications required
180for referees, and other requirements relating to the health,
181safety, and well-being of the amateurs participating in the
182matches. The commission may adopt by rule, or incorporate by
183reference into rule, the health and safety standards of USA
184Boxing as the minimum health and safety standards for an amateur
185boxing sanctioning organization and the health and safety
186standards of the International Sport Kickboxing Association as
187the minimum health and safety standards for an amateur
188kickboxing sanctioning organization. The commission shall review
189its rules for necessary revision at least every 2 years and may
190adopt by rule, or incorporate by reference into rule, the then-
191existing current health and safety standards of USA Boxing and
192the International Sport Kickboxing Association. The commission
193may adopt emergency rules to administer this paragraph.
194     Section 4.  Subsection (1) of section 548.056, Florida
195Statutes, is amended to read:
196     548.056  Prohibited financial interests in participant;
197penalties.--
198     (1)  A member of the commission; an employee of the
199commission; a referee or, judge, or promoter licensed by the
200commission; or an attending physician may not have any direct or
201indirect financial or pecuniary interest in any participant.
202     Section 5.  Section 548.006, Florida Statutes, is amended
203to read:
204     548.006  Power of commission to control professional and
205amateur pugilistic contests and exhibitions; certification of
206competitiveness of professional mixed martial arts and
207kickboxing matches.--
208     (1)  The commission has exclusive jurisdiction over every
209match held within the state which involves a professional.
210     (2)  As to professional mixed martial arts and kickboxing,
211until a central repository of match records for each exists and
212is approved by the commission, the matchmaker shall certify as
213to the competitiveness of each match.
214     (3)  The commission has exclusive jurisdiction over
215approval, disapproval, suspension of approval, and revocation of
216approval of all amateur sanctioning organizations for amateur
217boxing and kickboxing matches held in this state.
218     (4)(3)  Professional and amateur matches shall be held in
219accordance with this chapter and the rules adopted by the
220commission.
221     Section 6.  Section 548.0065, Florida Statutes, is created
222to read:
223     548.0065  Amateur matches; sanctioning and supervision;
224health and safety standards; compliance checks; continuation,
225suspension, and revocation of sanctioning approval.--
226     (1)  No match involving amateurs which utilizes, but is not
227necessarily limited to, strikes or blows to the head may be held
228in this state unless it is sanctioned and supervised by an
229amateur sanctioning organization approved by the commission. An
230approved amateur sanctioning organization may only sanction and
231supervise the contests or exhibitions in the particular sport or
232sports for which it has expertise and for which it is approved
233by the commission.
234     (2)  The commission may not approve any amateur sanctioning
235organization unless it has adopted and agreed to enforce a
236defined set of standards that applies to all matches which will
237adequately protect the health and safety of the amateurs
238participating in the matches and the public and can adequately
239demonstrate to the satisfaction of the commission that the
240principals of the organization have sufficient background,
241training, and experience in sanctioning and supervising matches
242for which the organization is approved.
243     (3)  Periodic compliance checks may be performed by a
244representative of the commission designated by the executive
245director in order to ensure enforcement of approved health and
246safety standards and supervision of matches by the approved
247amateur sanctioning organization.
248     (4)  Any member of the commission or the executive director
249of the commission may suspend the approval of an amateur
250sanctioning organization for failure to supervise amateur
251matches or to enforce the approved health and safety standards
252required under this chapter, provided that the suspension
253complies with the procedures for summary suspensions in s.
254120.60(6). At any amateur boxing or kickboxing contest, any
255member of the commission or a representative of the commission
256may immediately suspend one or more matches in an event whenever
257it appears that the match or matches violate the health and
258safety standards established by rule as required by this
259chapter. A law enforcement officer may assist any member of the
260commission or a representative of the commission to enforce an
261order to stop a contest if called upon to do so by a member of
262the commission or a representative of the commission.
263     (5)  The commission shall review its approval of the
264amateur sanctioning organization at least biennially, or sooner
265if determined necessary based upon the periodic compliance
266checks or complaints to the commission, to determine
267continuation of approval. The commission may continue approval
268or may suspend or revoke approval based upon compliance of the
269organization with the approved sanctioning standards and its
270ability to supervise matches in the state.
271     Section 7.  Section 548.007, Florida Statutes, is amended
272to read:
273     (Substantial rewording of section. See
274     s. 548.007, F.S., for present text.)
275     548.007  Applicability of act to amateur matches and
276certain other matches or events.--With the exception of s.
277548.008, ss. 548.001-548.079 do not apply to:
278     (1)  A match conducted or sponsored by a bona fide
279nonprofit school or education program whose primary purpose is
280instruction in the martial arts, boxing, or kickboxing, if the
281match held in conjunction with the instruction is limited to
282amateur participants who are students of the school or
283instructional program; or
284     (2)  A match conducted or sponsored by any company or
285detachment of the Florida National Guard, if the match is
286limited to participants who are members of the company or
287detachment of the Florida National Guard.
288     Section 8.  Section 548.008, Florida Statutes, is amended
289to read:
290     548.008  Toughman and badman competition Prohibited
291competitions.--
292     (1)  No match involving amateurs which utilizes, but is not
293necessarily limited to, strikes or blows to the head may be held
294in this state unless it is sanctioned and supervised by an
295amateur sanctioning organization approved by the commission as
296required by this chapter.
297     (2)  No amateur mixed martial arts match may be held in
298this state.
299     (3)  No professional match may be held in this state unless
300it meets the requirements for holding the match as provided in
301this chapter and the rules adopted by the commission.
302     (1)  No professional or amateur toughman or badman match,
303as described in this section, may be held in this state. Such
304competition includes any contest or exhibition where
305participants compete by using a combination of skills. Such
306skills may include, but are not limited to, boxing, wrestling,
307kicking, or martial arts skills. Notwithstanding the above, this
308section shall not preclude kickboxing or mixed martial arts as
309regulated by this chapter.
310     (4)(a)(2)  Any person participating in a match prohibited
311under this section, knowing the match to be prohibited, commits
312or promoting a professional or amateur toughman or badman match
313is guilty of a misdemeanor of the second degree, punishable as
314provided in s. 775.082 or s. 775.083.
315     (b)  Any person holding, promoting, or sponsoring a match
316prohibited under this section commits a felony of the third
317degree, punishable as provided in s. 775.082, s. 775.083, or s.
318775.084.
319     Section 9.  This act shall take effect upon becoming a law.


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