Senate Bill sb0538

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    Florida Senate - 2004                                   SB 538

    By Senator Lynn





    7-683-04                                                See HB

  1                      A bill to be entitled

  2         An act relating to pugilistic contests and

  3         exhibitions; providing a short title; amending

  4         s. 548.002, F.S.; defining the term "amateur

  5         sanctioning organization"; revising certain

  6         definitions to apply them to both amateur and

  7         professional participants; amending s. 548.003,

  8         F.S.; providing the Florida State Boxing

  9         Commission the responsibility for, and the

10         authority to adopt rules relating to, the

11         approval of amateur sanctioning organizations

12         for amateur boxing and kickboxing matches held

13         in the state; amending s. 548.006, F.S.;

14         limiting required certification of

15         competitiveness of mixed martial arts and

16         kickboxing matches to professional matches;

17         expanding power of the commission to control

18         pugilistic contests and exhibitions to include

19         exclusive jurisdiction over the approval of

20         amateur sanctioning organizations for amateur

21         boxing and kickboxing matches; specifying

22         requirements for the holding of professional

23         and amateur matches; creating s. 548.0065,

24         F.S.; prohibiting certain amateur matches

25         except under certain circumstances; prohibiting

26         approval of amateur sanctioning organizations

27         not meeting and enforcing certain health and

28         safety standards and not meeting certain other

29         background, training, and experience

30         requirements; providing for periodic checks for

31         compliance with enforcement and supervision

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1         requirements; requiring biennial or sooner, if

 2         necessary, sanctioning review; providing for

 3         continuation, suspension, or revocation of

 4         sanctioning approval pursuant to such review;

 5         amending s. 548.008, F.S.; prohibiting the

 6         holding of certain amateur matches not

 7         sanctioned and supervised by an amateur

 8         sanctioning organization approved by the

 9         commission; prohibiting the holding of amateur

10         mixed martial arts matches; prohibiting the

11         holding of professional matches not meeting the

12         requirements of ch. 548, F.S., and rules

13         adopted by the commission; providing penalties

14         for participating in or holding, promoting, or

15         sponsoring a prohibited match; deleting

16         provisions relating to professional or amateur

17         toughman or badman competitions; repealing s.

18         548.007, F.S., relating to applicability of ch.

19         548, F.S., to amateur matches and certain other

20         matches or events; providing an effective date.

21  

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

23  

24         Section 1.  This act may be cited as the "Stacy Young

25  Act."

26         Section 2.  Section 548.002, Florida Statutes, is

27  amended to read:

28         548.002  Definitions.--As used in this chapter act, the

29  term:

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

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

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




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

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

 3         (2)  "Amateur sanctioning organization" means any

 4  business entity organized for sanctioning and supervising

 5  matches involving amateurs.

 6         (3)(2)  "Boxing" means to compete with the fists.

 7         (4)(3)  "Commission" means the Florida State Boxing

 8  Commission.

 9         (5)(4)  "Concessionaire" means any person or business

10  entity not licensed as a promoter which receives revenues or

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

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

13  concessions in conjunction with the promotion of a match.

14         (6)(5)  "Contest" means a boxing, kickboxing, or mixed

15  martial arts engagement in which persons participating the

16  participants strive earnestly to win using, but not

17  necessarily being limited to, strikes and blows to the head.

18         (7)(6)  "Department" means the Department of Business

19  and Professional Regulation.

20         (8)(7)  "Exhibition" means a boxing, kickboxing, or

21  mixed martial arts engagement in which persons participating

22  the participants show or display their skill without

23  necessarily striving to win using, but not necessarily being

24  limited to, strikes and blows to the head.

25         (9)(8)  "Foreign copromoter" means a promoter who has

26  no place of business within this state.

27         (10)(9)  "Judge" means a person who has a vote in

28  determining the winner of any contest.

29         (11)(10)  "Kickboxing" means to compete with the fists,

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

31  "punchkick" and other similar competitions.

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1         (12)(11)  "Manager" means any person who, directly or

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

 3  mixed martial arts affairs of any participant.

 4         (13)(12)  "Match" means any contest or exhibition.

 5         (14)(13)  "Matchmaker" means a person who brings

 6  together professionals or arranges matches for professionals.

 7         (15)(14)  "Mixed martial arts" means unarmed combat

 8  involving the use, subject to any applicable limitations set

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

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

11  limited to, grappling, kicking, and striking.

12         (16)(15)  "Participant" means a professional competing

13  in a boxing, kickboxing, or mixed martial arts match.

14         (17)(16)  "Physician" means an individual licensed to

15  practice medicine and surgery in this state.

16         (18)(17)  "Professional" means a person who has

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

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

19  participating in any match.

20         (19)(18)  "Promoter" means any person, and includes any

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

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

23  involving a professional.

24         (20)(19)  "Purse" means the financial guarantee or

25  other remuneration for which a professional is participating

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

27  payment received for radio broadcasting, television, and

28  motion picture rights.

29         (21)(20)  "Second" or "cornerman" means a person who

30  assists the match participant between rounds and maintains the

31  corner of the participant during the match.

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1         (22)(21)  "Secretary" means the Secretary of Business

 2  and Professional Regulation.

 3         Section 3.  Subsection (2) of section 548.003, Florida

 4  Statutes, is amended to read:

 5         548.003  Florida State Boxing Commission.--

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

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

 8  chapter. The commission has authority to adopt rules pursuant

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

10  this chapter and to implement each of the duties and

11  responsibilities conferred upon the commission, including, but

12  not limited to:

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

14  commissioners, commission staff, and commission officials.;

15         (b)  Facility and safety requirements relating to the

16  ring, floor plan and apron seating, emergency medical

17  equipment and services, and other equipment and services

18  necessary for the conduct of a program of matches.;

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

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

21  a match.;

22         (d)  Requirements relating to a manager's

23  participation, presence, and conduct during a match.;

24         (e)  Duties and responsibilities of all licensees under

25  this chapter.;

26         (f)  Procedures for hearings and resolution of

27  disputes.;

28         (g)  Qualifications for appointment of referees and

29  judges.;

30         (h)  Qualifications for and appointment of chief

31  inspectors and inspectors and duties and responsibilities of

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1  chief inspectors and inspectors with respect to oversight and

 2  coordination of activities for each program of matches

 3  regulated under this chapter.;

 4         (i)  Designation and duties of a knockdown timekeeper.;

 5  and

 6         (j)  Setting fee and reimbursement schedules for

 7  referees and other officials appointed by the commission or

 8  the representative of the commission.

 9         (k)  Establishment of criteria for approval,

10  disapproval, suspension of approval, and revocation of

11  approval of amateur sanctioning organizations for amateur

12  boxing and kickboxing matches held in this state, including,

13  but not limited to, the health and safety standards the

14  organizations use before, during, and after the matches to

15  ensure the health, safety, and well-being of the amateurs

16  participating in the matches, including the qualifications and

17  numbers of health care personnel required to be present, the

18  qualifications required for referees, and other requirements

19  relating to the health, safety, and well-being of the amateurs

20  participating in the matches.

21         Section 4.  Section 548.006, Florida Statutes, is

22  amended to read:

23         548.006  Power of commission to control professional

24  and amateur pugilistic contests and exhibitions; certification

25  of competitiveness of professional mixed martial arts and

26  kickboxing matches.--

27         (1)  The commission has exclusive jurisdiction over

28  every match held within the state which involves a

29  professional.

30         (2)  As to professional mixed martial arts and

31  kickboxing, until a central repository of match records for

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1  each exists and is approved by the commission, the matchmaker

 2  shall certify as to the competitiveness of each match.

 3         (3)  The commission has exclusive jurisdiction over

 4  approval, disapproval, suspension of approval, and revocation

 5  of approval of all amateur sanctioning organizations for

 6  amateur boxing and kickboxing matches held in this state.

 7         (4)(3)  Professional and amateur matches shall be held

 8  in accordance with this chapter and the rules adopted by the

 9  commission.

10         Section 5.  Section 548.0065, Florida Statutes, is

11  created to read:

12         548.0065  Amateur matches; sanctioning and supervision;

13  health and safety standards; compliance checks; continuation,

14  suspension, and revocation of sanctioning approval.--

15         (1)  No match involving amateurs which utilizes, but is

16  not necessarily limited to, strikes or blows to the head may

17  be held in this state unless it is sanctioned and supervised

18  by an amateur sanctioning organization approved by the

19  commission. An approved amateur sanctioning organization may

20  only sanction and supervise the contests or exhibitions in the

21  particular sport or sports for which it has expertise and for

22  which it is approved by the commission.

23         (2)  The commission may not approve any amateur

24  sanctioning organization for boxing whose health and safety

25  standards are less stringent than those of USA Boxing and for

26  kickboxing whose health and safety standards are less

27  stringent than those of the International Sport Kickboxing

28  Association.

29         (3)  The commission may not approve any amateur

30  sanctioning organization unless it has adopted and agreed to

31  enforce a defined set of standards that applies to all matches

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1  which will adequately protect the health and safety of the

 2  amateurs participating in the matches and the public and can

 3  adequately demonstrate to the satisfaction of the commission

 4  that the principals of the organization have sufficient

 5  background, training, and experience in sanctioning and

 6  supervising matches for which the organization is approved.

 7         (4)  Periodic compliance checks may be performed by a

 8  representative of the commission designated by the executive

 9  director in order to ensure enforcement of approved health and

10  safety standards and supervision of matches by the approved

11  amateur sanctioning organization.

12         (5)  Notwithstanding any provision of chapter 120, any

13  member of the commission or the executive director of the

14  commission may, upon her or his own motion or upon the

15  verified written complaint of any person charging the approved

16  amateur sanctioning organization with failure to supervise the

17  amateur matches or to enforce the approved health and safety

18  standards required under this chapter, suspend the approval of

19  the organization to sanction and supervise amateur matches.

20  The commission shall hold a hearing within 10 days after the

21  date on which the approval is suspended.

22         (6)  The commission shall review its approval of the

23  amateur sanctioning organization at least biennially, or

24  sooner if determined necessary based upon the periodic

25  compliance checks or complaints to the commission, to

26  determine continuation of approval. The commission may

27  continue approval or may suspend or revoke approval based upon

28  compliance of the organization with the approved sanctioning

29  standards and its ability to supervise matches in the state.

30         Section 6.  Section 548.008, Florida Statutes, is

31  amended to read:

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1         548.008  Toughman and badman competition Prohibited

 2  competitions.--

 3         (1)  No match involving amateurs which utilizes, but is

 4  not necessarily limited to, strikes or blows to the head may

 5  be held in this state unless it is sanctioned and supervised

 6  by an amateur sanctioning organization approved by the

 7  commission as required by this chapter.

 8         (2)  No amateur mixed martial arts match may be held in

 9  this state.

10         (3)  No professional match may be held in this state

11  unless it meets the requirements for holding the match as

12  provided in this chapter and the rules adopted by the

13  commission.

14         (1)  No professional or amateur toughman or badman

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

16  state. Such competition includes any contest or exhibition

17  where participants compete by using a combination of skills.

18  Such skills may include, but are not limited to, boxing,

19  wrestling, kicking, or martial arts skills. Notwithstanding

20  the above, this section shall not preclude kickboxing or mixed

21  martial arts as regulated by this chapter.

22         (4)(a)(2)  Any person participating in a match

23  prohibited under this section, knowing the match to be

24  prohibited, commits or promoting a professional or amateur

25  toughman or badman match is guilty of a misdemeanor of the

26  second degree, punishable as provided in s. 775.082 or s.

27  775.083.

28         (b)  Any person holding, promoting, or sponsoring a

29  match prohibited under this section commits a felony of the

30  third degree, punishable as provided in s. 775.082, s.

31  775.083, or s. 775.084.

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    Florida Senate - 2004                                   SB 538
    7-683-04                                                See HB




 1         Section 7.  Section 548.007, Florida Statutes, is

 2  repealed.

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

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