Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1686
Barcode 523710
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/22/2013 .
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The Committee on Appropriations (Bean) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 548.002, Florida Statutes, is amended to
6 read:
7 548.002 Definitions.—As used in this chapter, the term:
8 (1) “Amateur” means a person who has never received nor
9 competed for any purse or other article of value, either for the
10 expenses of training or for participating in a match, other than
11 a prize of $50 in value or less.
12 (2) “Amateur sanctioning organization” means any business
13 entity organized for sanctioning and supervising matches
14 involving amateurs.
15 (3) “Boxing” means the practice of fighting with the fists
16 as a sport to compete with the fists.
17 (4) “Commission” means the Florida State Boxing Commission.
18 (5) “Concessionaire” means any person or business entity
19 not licensed as a promoter which receives revenues or other
20 compensation from the sale of tickets or from the sale of
21 souvenirs, programs, broadcast rights, or any other concessions
22 in conjunction with the promotion of a match.
23 (5)(6) “Contest” means a boxing, kickboxing, or mixed
24 martial arts engagement in which persons participating strive
25 earnestly to win using, but not necessarily being limited to,
26 strikes and blows to the head.
27 (6)(7) “Department” means the Department of Business and
28 Professional Regulation.
29 (7)(8) “Event” means one or more matches comprising a show.
30 (8)(9) “Exhibition” means a boxing, kickboxing, or mixed
31 martial arts engagement in which persons participating show or
32 display their skill without necessarily striving to win using,
33 but not necessarily being limited to, strikes and blows to the
34 head.
35 (9) “Face value” means the dollar value of a ticket which
36 is equal to the dollar amount that a customer is required to pay
37 or, for complimentary tickets, would have been required to pay
38 to purchase a ticket with equivalent seating priority in order
39 to view the event. If the ticket specifies the amount of
40 admission charges attributable to state or federal taxes, such
41 taxes shall not be included in the face value.
42 (10) “Full contact” means the use of blows and strikes
43 during a match or bout that:
44 (a) Are intended to break the plane of the receiving
45 participant’s body;
46 (b) Are delivered to the head, face, neck, or body of the
47 receiving participant; and
48 (c) Cause the receiving participant to move in response to
49 the blow or strike.
50 (10) “Foreign copromoter” means a promoter who has no place
51 of business within this state.
52 (11) “Judge” means a person who has a vote in determining
53 the winner of any contest.
54 (12) “Kickboxing” means the practice of fighting to compete
55 with the fists, hands, feet, legs, or any combination thereof as
56 a sport, and includes “punchkick” and other similar
57 competitions.
58 (13) “Manager” means any person who, directly or
59 indirectly, controls or administers the boxing, kickboxing, or
60 mixed martial arts affairs of any participant.
61 (14) “Match” means any contest or exhibition.
62 (15) “Matchmaker” means a person who brings together
63 professionals or arranges matches for professionals.
64 (16) “Mixed martial arts” means full contact, unarmed
65 combat involving the use, subject to any applicable limitations
66 set forth in this chapter, of a combination of two or more
67 techniques, including, but not limited to, grappling, kicking,
68 and striking, from different disciplines of the martial arts,
69 including, but not limited to, boxing, kickboxing, muay Thai,
70 and Thai boxing grappling, kicking, and striking.
71 (17) “Participant” means a professional competing in a
72 boxing, kickboxing, or mixed martial arts match.
73 (18) “Physician” means a person an individual licensed to
74 practice medicine under chapter 458 or chapter 459 whose license
75 is unencumbered and in good standing to practice medicine and
76 surgery in this state.
77 (19) “Professional” means a person who has received or
78 competed for any purse or other article of a value greater than
79 $50, either for the expenses of training or for participating in
80 any match.
81 (20) “Promoter” means any person or entity, and includes
82 any officer, director, trustee, partner employee, or owner
83 stockholder of a corporate promoter or any promoter partnership,
84 who produces, arranges, or stages any match involving a
85 professional.
86 (21) “Purse” means the financial guarantee or other
87 remuneration for which a professional is participating in a
88 match and includes the professional’s share of any payment
89 received for radio broadcasting, television, and motion picture
90 rights.
91 (22) “Second” or “cornerman” means a person who assists a
92 the match participant in preparation for a match and between
93 rounds, and who maintains the corner of a the participant during
94 a the match.
95 (23) “Secretary” means the Secretary of Business and
96 Professional Regulation.
97 Section 2. Section 548.004, Florida Statutes, is amended to
98 read:
99 548.004 Executive director; duties, compensation,
100 administrative support.—
101 (1) The department shall employ an executive director with
102 the approval of the commission. The executive director shall
103 serve at the pleasure of the secretary. The executive director
104 or his or her designee shall perform duties and responsibilities
105 as set forth by the commission, which shall include conducting
106 the functions of the commission office; appointing event and
107 commission officials; approving licenses, permits, and matches;
108 and performing any keep a record of all proceedings of the
109 commission; shall preserve all books, papers, and documents
110 pertaining to the business of the commission; shall prepare any
111 notices and papers required; shall appoint judges, referees, and
112 other officials as delegated by the commission and pursuant to
113 this chapter and rules of the commission; and shall perform such
114 other duties as the department or commission deems necessary
115 directs. The executive director may issue subpoenas and
116 administer oaths.
117 (2) The commission shall require electronic recording of
118 all scheduled proceedings of the commission.
119 (2)(3) The department shall provide assistance in budget
120 development and budget submission for state funding requests.
121 The department shall submit an annual balanced legislative
122 budget for the commission which is based upon anticipated
123 revenue. The department shall provide technical assistance and
124 administrative support, if requested or determined necessary
125 needed, to the commission and its executive director on issues
126 relating to personnel, contracting, property management, or
127 other issues identified as important to performing the duties of
128 this chapter and to protecting the interests of the state.
129 Section 3. Subsection (3) of section 548.006, Florida
130 Statutes, is amended to read:
131 548.006 Power of commission to control professional and
132 amateur boxing, kickboxing, and mixed martial arts matches
133 pugilistic contests and exhibitions; certification of
134 competitiveness of professional mixed martial arts and
135 kickboxing matches.—
136 (3) The commission has exclusive jurisdiction over
137 approval, disapproval, suspension of approval, and revocation of
138 approval of all amateur sanctioning organizations for amateur
139 boxing, and kickboxing, and mixed martial arts matches held in
140 this state.
141 Section 4. Section 548.007, Florida Statutes, is amended to
142 read:
143 548.007 Exemptions.—This chapter does Applicability of
144 provisions to amateur matches and certain other matches or
145 events.—Sections 548.001-548.079 do not apply to:
146 (1) A match that does not allow full contact conducted or
147 sponsored by a bona fide nonprofit school or education program
148 whose primary purpose is instruction in the martial arts,
149 boxing, or kickboxing, if the match held in conjunction with the
150 instruction is limited to amateurs. amateur participants who are
151 students of the school or instructional program;
152 (2) A match conducted or sponsored by any company or
153 detachment of the Florida National Guard, if the match is
154 limited to amateurs participants who are members of the company
155 or detachment of the Florida National Guard.; or
156 (3) A match conducted or sponsored by the Fraternal Order
157 of Police, if the match is limited to amateurs amateur
158 participants and is held in conjunction with a charitable event.
159 (4) A match conducted by a public postsecondary education
160 institution or a public secondary school, if the match is
161 limited to amateurs who are students enrolled in the institution
162 or school and members of a school-sponsored club or team.
163 (5) A match conducted by or between companies or
164 detachments of the United States Army, Navy, Air Force, Marines,
165 Coast Guard, or National Guard, if the match is limited to
166 amateurs who are members of the United States Armed Forces.
167 (6) A match conducted by the International Olympic
168 Committee, the International Paralympic Committee, the Special
169 Olympics, or the Junior Olympics, if the match is limited to
170 amateurs who are competing in or attempting to qualify for the
171 Olympics, Paralympics, Special Olympics, or Junior Olympics.
172 (7) A professional or amateur martial arts activity. As
173 used in this subsection, the term “martial arts” means any one
174 of the traditional forms of self-defense or unarmed combat
175 involving the use of physical skill and coordination, including,
176 but not limited to, karate, aikido, judo, and kung fu. The term
177 does not include “mixed martial arts.”
178 Section 5. Section 548.015, Florida Statutes, is repealed.
179 Section 6. Subsection (1) of section 548.017, Florida
180 Statutes, is amended to read:
181 548.017 Participants, managers, and other persons required
182 to have licenses.—
183 (1) A participant, manager, trainer, second, timekeeper,
184 referee, judge, announcer, physician, matchmaker,
185 concessionaire, or booking agent or representative of a booking
186 agent shall be licensed before directly or indirectly acting in
187 such capacity in connection with any match involving a
188 participant. A physician must be licensed pursuant to chapter
189 458 or chapter 459, must maintain an unencumbered license in
190 good standing, and must demonstrate satisfactory medical
191 training or experience in boxing, or a combination of both, to
192 the executive director prior to working as the ringside
193 physician.
194 Section 7. Paragraph (c) of subsection (3) of section
195 548.046, Florida Statutes, is amended, and paragraph (d) is
196 added to that subsection, to read:
197 548.046 Physician’s attendance at match; examinations;
198 cancellation of match.—
199 (3)
200 (c) Failure or refusal to provide a urine sample
201 immediately upon request constitutes an immediate serious danger
202 to the health, safety, and welfare of the participants and the
203 public and shall result in the immediate suspension revocation
204 of the participant’s license and constitute grounds for
205 additional disciplinary action. Any participant who has been
206 adjudged the loser of a match and who subsequently refuses to or
207 is unable to provide a urine sample shall forfeit his or her
208 share of the purse to the commission. Any participant who is
209 adjudged the winner of a match and who subsequently refuses to
210 or is unable to provide a urine sample shall forfeit the win and
211 shall not be allowed to engage in any future match in the state.
212 A no-decision result shall be entered into the official record
213 as the result of the match. The purse shall be redistributed as
214 though the participant found to be in violation of this
215 subsection had lost the match. If redistribution of the purse is
216 not necessary or after redistribution of the purse is completed,
217 the participant found to be in violation of this subsection
218 shall forfeit his or her share of the purse to the commission.
219 (d) Testing positive for any of the prohibited substances
220 as set forth by commission rule constitutes an immediate serious
221 danger to the health, safety, and welfare of the participants
222 and the general public and shall result in the immediate
223 suspension of the participant’s license and constitute grounds
224 for additional disciplinary action.
225 Section 8. Subsection (2) of section 548.054, Florida
226 Statutes, is amended to read:
227 548.054 Withholding of purses; hearing; disposition of
228 withheld purse forfeiture.—
229 (2) Any purse so withheld shall be delivered by the
230 promoter to the commission upon demand. Within 10 days after the
231 match, the person from whom the sum was withheld may submit a
232 petition for a hearing to the commission apply in writing to the
233 commission for a hearing. Upon receipt of the petition
234 application, the commission may hold shall fix a date for a
235 hearing pursuant to ss. 120.569 and 120.57. Within 10 days after
236 the hearing or after 10 days following the match, If no petition
237 application for a hearing is filed, the commission shall meet
238 and determine the disposition to be made of the withheld purse.
239 If the commission finds the charges sufficient, it may declare
240 all or any part of the funds forfeited. If the commission finds
241 the charges not sufficient upon which to base a withholding
242 order, it shall immediately distribute the withheld funds to the
243 persons entitled thereto.
244 Section 9. Section 548.06, Florida Statutes, is amended to
245 read:
246 548.06 Payments to state; exemptions; audit of records.—
247 (1) A promoter holding a match shall, within 72 hours after
248 the match, file with the commission a written report which
249 includes the number of tickets sold, the amount of gross
250 receipts, and any other facts the commission may require. For
251 the purposes of this chapter, total gross receipts include each
252 of the following:
253 (a) The gross price charged for the sale or lease of
254 broadcasting, television, and pay-per-view motion picture rights
255 of any match occurring within the state without any deductions
256 for commissions, brokerage fees, distribution fees, advertising,
257 or other expenses or charges.;
258 (b) The portion of the receipts from the sale of souvenirs,
259 programs, and other concessions received by the promoter;
260 (b)(c) The face value of all tickets sold and complimentary
261 tickets issued, provided, or given. However, the face value of
262 complimentary tickets issued, provided, or given of up to 4
263 percent of the seating capacity of the premises where the match
264 is held may be deducted from the calculation of gross receipts.
265 To the extent that complimentary tickets issued, provided, or
266 given exceed 4 percent of the seating capacity, the deduction
267 shall be calculated based on the proportion among the price
268 categories for which complimentary tickets were issued,
269 provided, or given. Tax payments made on complimentary tickets
270 issued, provided, or given above 4 percent shall be calculated
271 based on actual face value of the complimentary tickets, in
272 direct proportion to the price categories for which the tickets
273 were issued, provided, or given.; and
274 (c)(d) The face value of any seat or seating issued,
275 provided, or given in exchange for advertising, sponsorships, or
276 anything of value to the promotion of an event.
277 (2) Where the rights to telecast a match or matches held in
278 this state under the supervision of the Florida State Boxing
279 Commission are in whole owned by, sold to, acquired by, or held
280 by any person who intends to or subsequently sells or, in some
281 other manner, extends such rights in part to another, such
282 person is deemed to be a promoter and must be licensed as such
283 in this state. Such person shall, within 72 hours after the
284 sale, transfer, or extension of such rights in whole or in part,
285 file with the commission a written report that includes the
286 number of tickets sold, the amount of gross receipts, and any
287 other facts the commission may require.
288 (3) A concessionaire shall, within 72 hours after the
289 match, file with the commission a written report that includes
290 the number of tickets sold, the amount of gross receipts, and
291 any other facts the commission may require.
292 (3)(4) Any written report required to be filed with the
293 commission under this section shall be postmarked within 72
294 hours after the conclusion of the match, and an additional 5
295 days shall be allowed for mailing.
296 (4)(5) Each the written report shall be accompanied by a
297 tax payment in the amount of 5 percent of the total gross
298 receipts exclusive of any federal taxes, except that the tax
299 payment derived from the gross price charged for the sale or
300 lease of broadcasting, television, and pay-per-view motion
301 picture rights of any match occurring within the state shall not
302 exceed $40,000 for any single event.
303 (5)(6)(a) Any promoter who willfully makes a false and
304 fraudulent report under this section is guilty of perjury and,
305 upon conviction, is subject to punishment as provided by law.
306 Such penalty shall be in addition to any other penalties imposed
307 by this chapter.
308 (b) Any promoter who willfully fails, neglects, or refuses
309 to make a report or to pay the taxes as prescribed or who
310 refuses to allow the commission to examine the books, papers,
311 and records of any promotion is guilty of a misdemeanor of the
312 second degree, punishable as provided in s. 775.082 or s.
313 775.083.
314 (6) The promoter shall retain a copy of the following
315 records for a period of 1 year and shall provide a copy of such
316 records to the commission upon request:
317 (a) Records necessary to justify and support each report
318 submitted to the commission, including a copy of any report
319 filed with the commission.
320 (b) A copy of each independently prepared ticket manifest.
321 (7) Compliance with the requirements of this section is
322 subject to verification by department or commission audit. The
323 commission shall have the right, upon reasonable notice to the
324 promoter, to audit the promoter’s books and records relating to
325 the promoter’s operations under this chapter.
326 (8) The commission shall adopt rules establishing a
327 procedure for auditing a promoter’s records and resolving any
328 inconsistencies revealed by an audit, such as excessive taxes
329 paid or taxes owed by the filing promoter, and shall adopt a
330 rule imposing a late fee in the event of taxes owed.
331 Section 10. Section 548.07, Florida Statutes, is amended to
332 read:
333 548.07 Suspension of license or permit by commissioner;
334 hearing.—Notwithstanding any provision of chapter 120, any
335 member of the commission may, upon her or his own motion or upon
336 the verified written complaint of any person charging a licensee
337 or permittee with violating this chapter, suspend any license or
338 permit until final determination by the commission if such
339 action is necessary to protect the public welfare and the best
340 interests of the sport. The commission shall hold a hearing
341 within 10 days after the date on which the license or permit is
342 suspended.
343 (1) The commission, any commissioner, any commission
344 designee, or the executive director or his or her designee may
345 issue an emergency suspension of license order to any person
346 licensed under this chapter who poses an immediate serious
347 danger to the health, safety, and welfare of the participants
348 and the general public.
349 (2) The department’s Office of General Counsel shall review
350 the grounds for each emergency suspension order issued and file
351 an administrative complaint against the licensee within 21 days
352 after the issuance of the emergency suspension order.
353 (3) Following service of the administrative complaint,
354 pursuant to procedures set forth in s. 455.275, the disciplinary
355 process shall proceed pursuant to chapter 120.
356 Section 11. Section 548.073, Florida Statutes, is amended
357 to read:
358 548.073 Commission hearings.—All hearings held under this
359 chapter must be held in accordance with chapter 120
360 Notwithstanding the provisions of chapter 120, any member of the
361 commission may conduct a hearing. Before any adjudication is
362 rendered, a majority of the members of the commission shall
363 examine the record and approve the adjudication and order.
364 Section 12. The sum of $111,000 in recurring funds is
365 appropriated from the General Revenue Fund to the Department of
366 Business and Professional Regulation for the implementation of
367 this act by the Florida State Boxing Commission during the 2013
368 2014 fiscal year.
369 Section 13. This act shall take effect July 1, 2013.
370
371 ================= T I T L E A M E N D M E N T ================
372 And the title is amended as follows:
373 Delete everything before the enacting clause
374 and insert:
375 A bill to be entitled
376 An act relating to pugilistic exhibitions; amending s.
377 548.002, F.S.; revising definitions; amending s.
378 548.004, F.S.; revising the duties and
379 responsibilities of the executive director of the
380 Florida State Boxing Commission; deleting a provision
381 requiring the electronic recording of all scheduled
382 Florida State Boxing Commission proceedings; amending
383 s. 548.006, F.S.; providing the commission exclusive
384 jurisdiction over approval of amateur mixed martial
385 arts matches; amending s. 548.007, F.S.; revising
386 nonapplicability of ch. 548, F.S.; repealing s.
387 548.015, F.S., which requires licensed concessionaires
388 to obtain a security, to conform; amending s. 548.017,
389 F.S.; deleting a requirement for the licensure of
390 concessionaires; amending s. 548.046, F.S.; providing
391 for immediate license suspension and other
392 disciplinary action if a participant fails or refuses
393 to provide a urine sample or tests positive for
394 specified prohibited substances; amending s. 548.054,
395 F.S.; revising procedure and requirements for
396 requesting a hearing following the withholding of a
397 purse; amending s. 548.06, F.S.; revising the
398 calculation of gross receipts; requiring promoters to
399 retain specified documents and records; authorizing
400 the commission and the Department of Business and
401 Professional Regulation to audit specified records
402 retained by a promoter; requiring the commission to
403 adopt rules; amending s. 548.07, F.S.; revising the
404 procedure for suspension of licensure by specified
405 persons; amending s. 548.073, F.S.; revising rules of
406 procedure governing commission hearings; providing an
407 appropriation; providing an effective date.