Senate Bill sb0538
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
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
2
CODING: Words stricken are deletions; words underlined are additions.
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.
3
CODING: Words stricken are deletions; words underlined are additions.
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.
4
CODING: Words stricken are deletions; words underlined are additions.
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
5
CODING: Words stricken are deletions; words underlined are additions.
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
6
CODING: Words stricken are deletions; words underlined are additions.
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
7
CODING: Words stricken are deletions; words underlined are additions.
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:
8
CODING: Words stricken are deletions; words underlined are additions.
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.
9
CODING: Words stricken are deletions; words underlined are additions.
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
4 law.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
10
CODING: Words stricken are deletions; words underlined are additions.