Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1686
                                Barcode 523710                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/22/2013           .                                

       The Committee on Appropriations (Bean) recommended the
    1         Senate Amendment (with title amendment)
    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.
  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.