Senate Bill sb0538c1
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Florida Senate - 2004 CS for SB 538
By the Committee on Regulated Industries; and Senator Lynn
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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; authorizing the commission to
14 adopt by rule, or incorporate by reference into
15 rule, the health and safety standards of
16 certain specified boxing and kickboxing
17 organizations; requiring the commission to
18 review its rules at least every 2 years;
19 authorizing the commission to adopt emergency
20 rules; amending s. 548.006, F.S.; limiting
21 required certification of competitiveness of
22 mixed martial arts and kickboxing matches to
23 professional matches; expanding power of the
24 commission to control pugilistic contests and
25 exhibitions to include exclusive jurisdiction
26 over the approval of amateur sanctioning
27 organizations for amateur boxing and kickboxing
28 matches; specifying requirements for the
29 holding of professional and amateur matches;
30 creating s. 548.0065, F.S.; prohibiting certain
31 amateur matches except under certain
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Florida Senate - 2004 CS for SB 538
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1 circumstances; prohibiting approval of amateur
2 sanctioning organizations not meeting and
3 enforcing certain health and safety standards
4 and not meeting certain other background,
5 training, and experience requirements;
6 providing for periodic checks for compliance
7 with enforcement and supervision requirements;
8 providing procedures for suspending the
9 approval of an amateur sanctioning organization
10 that fails to comply with the health and safety
11 standards required by ch. 548, F.S.; providing
12 that a member of the commission or a
13 representative of the commission may
14 immediately suspend a match that appears to
15 violate health and safety standards;
16 authorizing a law enforcement officer to assist
17 in enforcing a suspension order; requiring
18 biennial or sooner, if necessary, sanctioning
19 review; providing for continuation, suspension,
20 or revocation of sanctioning approval pursuant
21 to such review; amending s. 548.008, F.S.;
22 prohibiting the holding of certain amateur
23 matches not sanctioned and supervised by an
24 amateur sanctioning organization approved by
25 the commission; prohibiting the holding of
26 amateur mixed martial arts matches; prohibiting
27 the holding of professional matches not meeting
28 the requirements of ch. 548, F.S., and rules
29 adopted by the commission; providing penalties
30 for participating in or holding, promoting, or
31 sponsoring a prohibited match; deleting
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Florida Senate - 2004 CS for SB 538
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1 provisions relating to professional or amateur
2 toughman or badman competitions; amending s.
3 548.007, F.S.; providing for the applicability
4 of ch. 548, F.S., to amateur matches and
5 certain other matches or events; amending s.
6 548.056, F.S.; deleting a promoter from a list
7 of persons who are prohibited from having a
8 financial interest in a participant; providing
9 an effective date.
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11 Be It Enacted by the Legislature of the State of Florida:
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13 Section 1. This act may be cited as the "Stacy Young
14 Act."
15 Section 2. Section 548.002, Florida Statutes, is
16 amended to read:
17 548.002 Definitions.--As used in this chapter act, the
18 term:
19 (1) "Amateur" means a person who has never received
20 nor competed for any purse or other article of value, either
21 for the expenses of training or for participating in a match,
22 other than a prize of $50 in value or less.
23 (2) "Amateur sanctioning organization" means any
24 business entity organized for sanctioning and supervising
25 matches involving amateurs.
26 (3)(2) "Boxing" means to compete with the fists.
27 (4)(3) "Commission" means the Florida State Boxing
28 Commission.
29 (5)(4) "Concessionaire" means any person or business
30 entity not licensed as a promoter which receives revenues or
31 other compensation from the sale of tickets or from the sale
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1 of souvenirs, programs, broadcast rights, or any other
2 concessions in conjunction with the promotion of a match.
3 (6)(5) "Contest" means a boxing, kickboxing, or mixed
4 martial arts engagement in which persons participating the
5 participants strive earnestly to win using, but not
6 necessarily being limited to, strikes and blows to the head.
7 (7)(6) "Department" means the Department of Business
8 and Professional Regulation.
9 (8)(7) "Exhibition" means a boxing, kickboxing, or
10 mixed martial arts engagement in which persons participating
11 the participants show or display their skill without
12 necessarily striving to win using, but not necessarily being
13 limited to, strikes and blows to the head.
14 (9)(8) "Foreign copromoter" means a promoter who has
15 no place of business within this state.
16 (10)(9) "Judge" means a person who has a vote in
17 determining the winner of any contest.
18 (11)(10) "Kickboxing" means to compete with the fists,
19 feet, legs, or any combination thereof, and includes
20 "punchkick" and other similar competitions.
21 (12)(11) "Manager" means any person who, directly or
22 indirectly, controls or administers the boxing, kickboxing, or
23 mixed martial arts affairs of any participant.
24 (13)(12) "Match" means any contest or exhibition.
25 (14)(13) "Matchmaker" means a person who brings
26 together professionals or arranges matches for professionals.
27 (15)(14) "Mixed martial arts" means unarmed combat
28 involving the use, subject to any applicable limitations set
29 forth in this chapter, of a combination of techniques from
30 different disciplines of the martial arts, including, but not
31 limited to, grappling, kicking, and striking.
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1 (16)(15) "Participant" means a professional competing
2 in a boxing, kickboxing, or mixed martial arts match.
3 (17)(16) "Physician" means an individual licensed to
4 practice medicine and surgery in this state.
5 (18)(17) "Professional" means a person who has
6 received or competed for any purse or other article of a value
7 greater than $50, either for the expenses of training or for
8 participating in any match.
9 (19)(18) "Promoter" means any person, and includes any
10 officer, director, employee, or stockholder of a corporate
11 promoter, who produces, arranges, or stages any match
12 involving a professional.
13 (20)(19) "Purse" means the financial guarantee or
14 other remuneration for which a professional is participating
15 in a match and includes the professional's share of any
16 payment received for radio broadcasting, television, and
17 motion picture rights.
18 (21)(20) "Second" or "cornerman" means a person who
19 assists the match participant between rounds and maintains the
20 corner of the participant during the match.
21 (22)(21) "Secretary" means the Secretary of Business
22 and Professional Regulation.
23 Section 3. Subsection (2) of section 548.003, Florida
24 Statutes, is amended to read:
25 548.003 Florida State Boxing Commission.--
26 (2) The Florida State Boxing Commission, as created by
27 subsection (1), shall administer the provisions of this
28 chapter. The commission has authority to adopt rules pursuant
29 to ss. 120.536(1) and 120.54 to implement the provisions of
30 this chapter and to implement each of the duties and
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1 responsibilities conferred upon the commission, including, but
2 not limited to:
3 (a) Development of an ethical code of conduct for
4 commissioners, commission staff, and commission officials.;
5 (b) Facility and safety requirements relating to the
6 ring, floor plan and apron seating, emergency medical
7 equipment and services, and other equipment and services
8 necessary for the conduct of a program of matches.;
9 (c) Requirements regarding a participant's apparel,
10 bandages, handwraps, gloves, mouthpiece, and appearance during
11 a match.;
12 (d) Requirements relating to a manager's
13 participation, presence, and conduct during a match.;
14 (e) Duties and responsibilities of all licensees under
15 this chapter.;
16 (f) Procedures for hearings and resolution of
17 disputes.;
18 (g) Qualifications for appointment of referees and
19 judges.;
20 (h) Qualifications for and appointment of chief
21 inspectors and inspectors and duties and responsibilities of
22 chief inspectors and inspectors with respect to oversight and
23 coordination of activities for each program of matches
24 regulated under this chapter.;
25 (i) Designation and duties of a knockdown timekeeper.;
26 and
27 (j) Setting fee and reimbursement schedules for
28 referees and other officials appointed by the commission or
29 the representative of the commission.
30 (k) Establishment of criteria for approval,
31 disapproval, suspension of approval, and revocation of
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1 approval of amateur sanctioning organizations for amateur
2 boxing and kickboxing matches held in this state, including,
3 but not limited to, the health and safety standards the
4 organizations use before, during, and after the matches to
5 ensure the health, safety, and well-being of the amateurs
6 participating in the matches, including the qualifications and
7 numbers of health care personnel required to be present, the
8 qualifications required for referees, and other requirements
9 relating to the health, safety, and well-being of the amateurs
10 participating in the matches. The commission may adopt by
11 rule, or incorporate by reference into rule, the health and
12 safety standards of USA Boxing as the minimum health and
13 safety standards for an amateur boxing sanctioning
14 organization, and the health and safety standards of the
15 International Sport Kickboxing Association as the minimum
16 health and safety standards for an amateur kickboxing
17 sanctioning organization. The commission shall review its
18 rules for necessary revision at least every 2 years and may
19 adopt by rule, or incorporate by reference into rule, the
20 then-existing current health and safety standards of USA
21 Boxing and the International Sport Kickboxing Association. The
22 commission may adopt emergency rules to administer this
23 paragraph.
24 Section 4. Section 548.006, Florida Statutes, is
25 amended to read:
26 548.006 Power of commission to control professional
27 and amateur pugilistic contests and exhibitions; certification
28 of competitiveness of professional mixed martial arts and
29 kickboxing matches.--
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1 (1) The commission has exclusive jurisdiction over
2 every match held within the state which involves a
3 professional.
4 (2) As to professional mixed martial arts and
5 kickboxing, until a central repository of match records for
6 each exists and is approved by the commission, the matchmaker
7 shall certify as to the competitiveness of each match.
8 (3) The commission has exclusive jurisdiction over
9 approval, disapproval, suspension of approval, and revocation
10 of approval of all amateur sanctioning organizations for
11 amateur boxing and kickboxing matches held in this state.
12 (4)(3) Professional and amateur matches shall be held
13 in accordance with this chapter and the rules adopted by the
14 commission.
15 Section 5. Section 548.0065, Florida Statutes, is
16 created to read:
17 548.0065 Amateur matches; sanctioning and supervision;
18 health and safety standards; compliance checks; continuation,
19 suspension, and revocation of sanctioning approval.--
20 (1) No match involving amateurs which utilizes, but is
21 not necessarily limited to, strikes or blows to the head may
22 be held in this state unless it is sanctioned and supervised
23 by an amateur sanctioning organization approved by the
24 commission. An approved amateur sanctioning organization may
25 only sanction and supervise the contests or exhibitions in the
26 particular sport or sports for which it has expertise and for
27 which it is approved by the commission.
28 (2) The commission may not approve any amateur
29 sanctioning organization unless it has adopted and agreed to
30 enforce a defined set of standards that applies to all matches
31 which will adequately protect the health and safety of the
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1 amateurs participating in the matches and the public and can
2 adequately demonstrate to the satisfaction of the commission
3 that the principals of the organization have sufficient
4 background, training, and experience in sanctioning and
5 supervising matches for which the organization is approved.
6 (3) Periodic compliance checks may be performed by a
7 representative of the commission designated by the executive
8 director in order to ensure enforcement of approved health and
9 safety standards and supervision of matches by the approved
10 amateur sanctioning organization.
11 (4) Any member of the commission or the executive
12 director of the commission may suspend the approval of an
13 amateur sanctioning organization for failure to supervise
14 amateur matches or to enforce the approved health and safety
15 standards required under this chapter, provided that the
16 suspension complies with the procedures for summary
17 suspensions in s. 120.60(6). At any amateur boxing or
18 kickboxing contest, any member of the commission or a
19 representative of the commission may immediately suspend one
20 or more matches in an event whenever it appears that the match
21 or matches violate the health and safety standards established
22 by rule as required by this chapter. A law enforcement officer
23 may assist any member of the commission or a representative of
24 the commission to enforce an order to stop a contest if called
25 upon to do so by a member of the commission or a
26 representative of the commission.
27 (5) The commission shall review its approval of the
28 amateur sanctioning organization at least biennially, or
29 sooner if determined necessary based upon the periodic
30 compliance checks or complaints to the commission, to
31 determine continuation of approval. The commission may
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1 continue approval or may suspend or revoke approval based upon
2 compliance of the organization with the approved sanctioning
3 standards and its ability to supervise matches in the state.
4 Section 6. Section 548.008, Florida Statutes, is
5 amended to read:
6 548.008 Toughman and badman competition Prohibited
7 competitions.--
8 (1) No match involving amateurs which utilizes, but is
9 not necessarily limited to, strikes or blows to the head may
10 be held in this state unless it is sanctioned and supervised
11 by an amateur sanctioning organization approved by the
12 commission as required by this chapter.
13 (2) No amateur mixed martial arts match may be held in
14 this state.
15 (3) No professional match may be held in this state
16 unless it meets the requirements for holding the match as
17 provided in this chapter and the rules adopted by the
18 commission.
19 (1) No professional or amateur toughman or badman
20 match, as described in this section, may be held in this
21 state. Such competition includes any contest or exhibition
22 where participants compete by using a combination of skills.
23 Such skills may include, but are not limited to, boxing,
24 wrestling, kicking, or martial arts skills. Notwithstanding
25 the above, this section shall not preclude kickboxing or mixed
26 martial arts as regulated by this chapter.
27 (4)(a)(2) Any person participating in a match
28 prohibited under this section, knowing the match to be
29 prohibited, commits or promoting a professional or amateur
30 toughman or badman match is guilty of a misdemeanor of the
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1 second degree, punishable as provided in s. 775.082 or s.
2 775.083.
3 (b) Any person holding, promoting, or sponsoring a
4 match prohibited under this section commits a felony of the
5 third degree, punishable as provided in s. 775.082, s.
6 775.083, or s. 775.084.
7 Section 7. Section 548.007, Florida Statutes, is
8 amended to read:
9 (Substantial rewording of section. See
10 s. 548.007, F.S., for present text.)
11 548.007 Applicability of act to amateur matches and
12 certain other matches or events.--With the exception of s.
13 548.008, ss. 548.001-548.079 do not apply to:
14 (1) A match conducted or sponsored by a bona fide
15 nonprofit school or education program whose primary purpose is
16 instruction in the martial arts, boxing, or kickboxing, if the
17 match held in conjunction with the instruction is limited to
18 amateur participants who are students of the school or
19 instructional program; or
20 (2) A match conducted or sponsored by any company or
21 detachment of the Florida National Guard, if the match is
22 limited to participants who are members of the company or
23 detachment of the Florida National Guard.
24 Section 8. Subsection (1) of section 548.056, Florida
25 Statutes, is amended to read:
26 548.056 Prohibited financial interests in participant;
27 penalties.--
28 (1) A member of the commission; an employee of the
29 commission; a referee or, judge, or promoter licensed by the
30 commission; or an attending physician may not have any direct
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1 or indirect financial or pecuniary interest in any
2 participant.
3 Section 9. This act shall take effect upon becoming a
4 law.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 Senate Bill 538
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9 The committee substitute amends s. 548.003(2)(k), F.S., to
allow the boxing commission to adopt by rule the health and
10 safety standards of USA Boxing and the International Sport
Kickboxing Association. The committee substitute deletes s.
11 548.0065(2), F.S., which required that the commission health
and safety standards for boxing and kickboxing must not be
12 less stringent than the health and safety standards of USA
Boxing and the International Sport Kickboxing Association. It
13 amends s. 548.0065(5), F.S., to authorize any member of the
commission or commission representative to immediately stop a
14 boxing or kickboxing contest if the match appears to violate
the health and safety standards required by rule, to authorize
15 law enforcement personnel to assist to enforce the order to
stop the contest, and to provide procedures for suspending the
16 approval of a sanctioning organization. It amends s. 548.07,
F.S., to exempt certain matches conducted or sponsored by a
17 bona fide nonprofit school or eduction program, and matches
conducted by any company or detachment of the Florida National
18 Guard. It amends s. 548.56, F.S., to delete promoters from
the list of persons restricted from having a financial
19 interest in a match participant.
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