Florida Senate - 2013              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 1686
                                Barcode 627732                          
       Proposed Committee Substitute by the Committee on Regulated
    1                        A bill to be entitled                      
    2         An act relating to pugilistic exhibitions; amending s.
    3         548.002, F.S.; revising definitions; amending s.
    4         548.004, F.S.; revising the duties and
    5         responsibilities of the executive director of the
    6         Florida State Boxing Commission; deleting a provision
    7         requiring the electronic recording of all scheduled
    8         Florida State Boxing Commission proceedings; amending
    9         s. 548.006, F.S.; providing the commission exclusive
   10         jurisdiction over approval of amateur mixed martial
   11         arts matches; amending s. 548.007, F.S.; revising
   12         nonapplicability of ch. 548, F.S.; amending s.
   13         548.046, F.S.; providing for immediate license
   14         suspension and other disciplinary action if a
   15         participant fails or refuses to provide a urine sample
   16         or tests positive for specified prohibited substances;
   17         amending s. 548.054, F.S.; revising procedure and
   18         requirements for requesting a hearing following the
   19         withholding of a purse; amending s. 548.06, F.S.;
   20         requiring promoters to retain specified documents and
   21         records; authorizing the commission and the Department
   22         of Business and Professional Regulation to audit
   23         specified records retained by a promoter; requiring
   24         the commission to adopt rules; amending s. 548.07,
   25         F.S.; revising the procedure for suspension of
   26         licensure by specified persons; amending s. 548.073,
   27         F.S.; revising rules of procedure governing commission
   28         hearings; providing an effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. Section 548.002, Florida Statutes, is amended to
   33  read:
   34         548.002 Definitions.—As used in this chapter, the term:
   35         (1) “Amateur” means a person who has never received nor
   36  competed for any purse or other article of value, either for the
   37  expenses of training or for participating in a match, other than
   38  a prize of $50 in value or less.
   39         (2) “Amateur sanctioning organization” means any business
   40  entity organized for sanctioning and supervising matches
   41  involving amateurs.
   42         (3) “Boxing” means the practice of fighting with the fists
   43  as a sport to compete with the fists.
   44         (4) “Commission” means the Florida State Boxing Commission.
   45         (5) “Concessionaire” means any person or business entity
   46  not licensed as a promoter which receives revenues or other
   47  compensation from the sale of tickets or from the sale of
   48  souvenirs, programs, broadcast rights, or any other concessions
   49  in conjunction with the promotion of a match.
   50         (6) “Concessions” means souvenirs, programs, drinks, food,
   51  alcohol, clothing, or other tangible objects sold to the general
   52  public during matches.
   53         (7)(6) “Contest” means a boxing, kickboxing, or mixed
   54  martial arts engagement in which persons participating strive
   55  earnestly to win using, but not necessarily being limited to,
   56  strikes and blows to the head.
   57         (8)(7) “Department” means the Department of Business and
   58  Professional Regulation.
   59         (9)(8) “Event” means one or more matches comprising a show.
   60         (10)(9) “Exhibition” means a boxing, kickboxing, or mixed
   61  martial arts engagement in which persons participating show or
   62  display their skill without necessarily striving to win using,
   63  but not necessarily being limited to, strikes and blows to the
   64  head.
   65         (11) “Face value” means the dollar value of a ticket which
   66  is equal to the dollar amount that a customer is required to pay
   67  or, for complimentary tickets, would have been required to pay
   68  to purchase a ticket with equivalent seating priority in order
   69  to view the event. If the ticket specifies the amount of
   70  admission charges attributable to state or federal taxes, such
   71  taxes shall not be included in the face value.
   72         (12)(10) “Foreign copromoter” means a promoter who has no
   73  place of business within this state.
   74         (13) “Full contact” means the use of blows and strikes
   75  during a match or bout that:
   76         (a) Are intended to break the plane of the receiving
   77  participant’s body;
   78         (b) Are delivered to the head, face, neck, or body of the
   79  receiving participant; and
   80         (c) Cause the receiving participant to move in response to
   81  the blow or strike.
   82         (14)(11) “Judge” means a person who has a vote in
   83  determining the winner of any contest.
   84         (15)(12) “Kickboxing” means the practice of fighting to
   85  compete with the fists, hands, feet, legs, or any combination
   86  thereof as a sport, and includes “punchkick” and other similar
   87  competitions.
   88         (16)(13) “Manager” means any person who, directly or
   89  indirectly, controls or administers the boxing, kickboxing, or
   90  mixed martial arts affairs of any participant.
   91         (17)(14) “Match” means any contest or exhibition.
   92         (18)(15) “Matchmaker” means a person who brings together
   93  professionals or arranges matches for professionals.
   94         (19)(16) “Mixed martial arts” means full contact, unarmed
   95  combat involving the use, subject to any applicable limitations
   96  set forth in this chapter, of a combination of two or more
   97  techniques, including, but not limited to, wrestling, grappling,
   98  kicking, and striking, from different disciplines of the martial
   99  arts, including, but not limited to, boxing, kickboxing, muay
  100  Thai, and Thai boxing grappling, kicking, and striking.
  101         (20)(17) “Participant” means a professional competing in a
  102  boxing, kickboxing, or mixed martial arts match.
  103         (21)(18) “Physician” means a person an individual licensed
  104  as a physician under ch. 458 or licensed as an osteopathic
  105  physician under ch. 459 or holding an equivalent license from
  106  another jurisdiction to practice medicine and surgery in this
  107  state.
  108         (22)(19) “Professional” means a person who has received or
  109  competed for any purse or other article of a value greater than
  110  $50, either for the expenses of training or for participating in
  111  any match.
  112         (23)(20) “Promoter” means any person, and includes any
  113  officer, director, employee, or stockholder of a corporate
  114  promoter, who produces, arranges, or stages any match involving
  115  a professional.
  116         (24)(21) “Purse” means the financial guarantee or other
  117  remuneration for which a professional is participating in a
  118  match and includes the professional’s share of any payment
  119  received for radio broadcasting, television, and motion picture
  120  rights.
  121         (25)(22) “Second” or “cornerman” means a person who assists
  122  the match participant between rounds and maintains the corner of
  123  the participant during the match.
  124         (26)(23) “Secretary” means the Secretary of Business and
  125  Professional Regulation.
  126         Section 2. Section 548.004, Florida Statutes, is amended to
  127  read:
  128         548.004 Executive director; duties, compensation,
  129  administrative support.—
  130         (1) The department shall employ an executive director with
  131  the approval of the commission. The executive director shall
  132  serve at the pleasure of the secretary. The executive director
  133  or his or her designee shall perform duties and responsibilities
  134  as set forth by the commission, which shall include conducting
  135  the functions of the commission office; appointing event and
  136  commission officials; approving licenses, permits, matches, and
  137  fight cards; and performing any keep a record of all proceedings
  138  of the commission; shall preserve all books, papers, and
  139  documents pertaining to the business of the commission; shall
  140  prepare any notices and papers required; shall appoint judges,
  141  referees, and other officials as delegated by the commission and
  142  pursuant to this chapter and rules of the commission; and shall
  143  perform such other duties as the department or commission deems
  144  necessary directs. The executive director may issue subpoenas
  145  and administer oaths.
  146         (2) The commission shall require electronic recording of
  147  all scheduled proceedings of the commission.
  148         (2)(3) The department shall provide assistance in budget
  149  development and budget submission for state funding requests.
  150  The department shall submit an annual balanced legislative
  151  budget for the commission which is based upon anticipated
  152  revenue. The department shall provide technical assistance and
  153  administrative support, if requested or determined necessary
  154  needed, to the commission and its executive director on issues
  155  relating to personnel, contracting, property management, or
  156  other issues identified as important to performing the duties of
  157  this chapter and to protecting the interests of the state.
  158         Section 3. Subsection (3) of section 548.006, Florida
  159  Statutes, is amended to read:
  160         548.006 Power of commission to control professional and
  161  amateur pugilistic matches contests and exhibitions;
  162  certification of competitiveness of professional mixed martial
  163  arts and kickboxing matches.—
  164         (3) The commission has exclusive jurisdiction over
  165  approval, disapproval, suspension of approval, and revocation of
  166  approval of all amateur sanctioning organizations for amateur
  167  boxing, and kickboxing, and mixed martial arts matches held in
  168  this state.
  169         Section 4. Section 548.007, Florida Statutes, is amended to
  170  read:
  171         548.007 Exemptions.—This chapter does Applicability of
  172  provisions to amateur matches and certain other matches or
  173  events.—Sections 548.001-548.079 do not apply to:
  174         (1) A match that does not allow full contact match
  175  conducted or sponsored by a bona fide nonprofit school or
  176  education program whose primary purpose is instruction in the
  177  martial arts, boxing, or kickboxing, if the match held in
  178  conjunction with the instruction is limited to amateurs. amateur
  179  participants who are students of the school or instructional
  180  program;
  181         (2) A match conducted or sponsored by any company or
  182  detachment of the Florida National Guard, if the match is
  183  limited to amateurs participants who are members of the company
  184  or detachment of the Florida National Guard.; or
  185         (3) A match conducted or sponsored by the Fraternal Order
  186  of Police, if the match is limited to amateurs amateur
  187  participants and is held in conjunction with a charitable event.
  188         (4) A match conducted by a public postsecondary education
  189  institution or a public secondary school, if the match is
  190  limited to amateurs who are students enrolled in the institution
  191  or school and members of a school-sponsored club or team.
  192         (5) A match conducted by or between companies or
  193  detachments of the United States Army, Navy, Air Force, Marines,
  194  Coast Guard, or National Guard, if the match is limited to
  195  amateurs who are members of the United States Armed Forces.
  196         (6) A match conducted by the International Olympic
  197  Committee, the International Paralympic Committee, the Special
  198  Olympics, or the Junior Olympics, if the match is limited to
  199  amateurs who are competing in or attempting to qualify for the
  200  Olympics, Paralympics, Special Olympics, or Junior Olympics.
  201         (7) A professional or amateur martial arts activity. As
  202  used in this subsection, the term “martial arts” means any one
  203  of the traditional forms of self-defense or unarmed combat
  204  involving the use of physical skill and coordination that are
  205  taught and advanced on a belt system, including, but not limited
  206  to, karate, aikido, judo, and kung fu. The term does not include
  207  “mixed martial arts.”
  208         Section 5. Paragraph (c) of subsection (3) of section
  209  548.046, Florida Statutes, is amended, and paragraph (d) is
  210  added to that subsection, to read:
  211         548.046 Physician’s attendance at match; examinations;
  212  cancellation of match.—
  213         (3)
  214         (c) Failure or refusal to provide a urine sample
  215  immediately upon request constitutes an immediate serious danger
  216  to the health, safety, and welfare of the participants and the
  217  public and shall result in the immediate suspension revocation
  218  of the participant’s license and constitute grounds for
  219  additional disciplinary action. Any participant who has been
  220  adjudged the loser of a match and who subsequently refuses to or
  221  is unable to provide a urine sample shall forfeit his or her
  222  share of the purse to the commission. Any participant who is
  223  adjudged the winner of a match and who subsequently refuses to
  224  or is unable to provide a urine sample shall forfeit the win and
  225  shall not be allowed to engage in any future match in the state.
  226  A no-decision result shall be entered into the official record
  227  as the result of the match. The purse shall be redistributed as
  228  though the participant found to be in violation of this
  229  subsection had lost the match. If redistribution of the purse is
  230  not necessary or after redistribution of the purse is completed,
  231  the participant found to be in violation of this subsection
  232  shall forfeit his or her share of the purse to the commission.
  233         (d) Testing positive for any of the prohibited substances
  234  as set forth by commission rule constitutes an immediate serious
  235  danger to the health, safety, and welfare of the participants
  236  and the general public and shall result in the immediate
  237  suspension of the participant’s license and constitute grounds
  238  for additional disciplinary action.
  239         Section 6. Subsection (2) of section 548.054, Florida
  240  Statutes, is amended to read:
  241         548.054 Withholding of purses; hearing; disposition of
  242  withheld purse forfeiture.—
  243         (2) Any purse so withheld shall be delivered by the
  244  promoter to the commission upon demand. Within 10 days after the
  245  match, the person from whom the sum was withheld may submit a
  246  petition for a hearing to the commission apply in writing to the
  247  commission for a hearing. Upon receipt of the petition
  248  application, the commission may hold shall fix a date for a
  249  hearing pursuant to ss. 120.569 and 120.57. Within 10 days after
  250  the hearing or after 10 days following the match, If no petition
  251  application for a hearing is filed, the commission shall meet
  252  and determine the disposition to be made of the withheld purse.
  253  If the commission finds the charges sufficient, it may declare
  254  all or any part of the funds forfeited. If the commission finds
  255  the charges not sufficient upon which to base a withholding
  256  order, it shall immediately distribute the withheld funds to the
  257  persons entitled thereto.
  258         Section 7. Subsection (1) of section 548.06, Florida
  259  Statutes, is amended, and subsections (7), (8), and (9) are
  260  added to that section, to read:
  261         548.06 Payments to state; exemptions; audit of records.—
  262         (1) A promoter holding a match shall, within 72 hours after
  263  the match, file with the commission a written report which
  264  includes the number of tickets sold, the amount of gross
  265  receipts, and any other facts the commission may require. For
  266  the purposes of this chapter, total gross receipts include:
  267         (a) The gross price charged for the sale or lease of
  268  broadcasting, television, and motion picture rights without any
  269  deductions for commissions, brokerage fees, distribution fees,
  270  advertising, or other expenses or charges;
  271         (b) The portion of the receipts from the sale of souvenirs,
  272  programs, and other concessions received by the promoter;
  273         (c) The face value of all tickets sold and complimentary
  274  tickets issued, provided, or given, less federal and state
  275  taxes, if applicable; and
  276         (d) The face value of any seat or seating issued, provided,
  277  or given in exchange for advertising, sponsorships, or anything
  278  of value to the promotion of an event.
  279         (7) The promoter shall retain a copy of the following
  280  records for a period of 7 years and shall provide a copy of such
  281  records to the commission upon request:
  282         (a) Records necessary to justify and support each report
  283  submitted to the commission.
  284         (b) A copy of each report filed with the commission,
  285  certified by the professional or amateur promoter to be correct.
  286         (c) Copies of all gross receipts.
  287         (d) A copy of the independently prepared ticket manifest.
  288         (e) Receipted vouchers for all expenditures and deductions.
  289         (8) Compliance with the requirements of this section is
  290  subject to verification by department or commission audit. The
  291  commission shall have the right, upon reasonable notice to the
  292  promoter, to audit the promoter’s books and records relating to
  293  the promoter’s operations under this chapter.
  294         (9) The commission shall adopt rules establishing a
  295  procedure for auditing a promoter’s records and resolving any
  296  inconsistencies revealed by an audit, such as excessive taxes
  297  paid or taxes owed by the filing promoter, and shall adopt a
  298  rule imposing a late fee in the event of taxes owed.
  299         Section 8. Section 548.07, Florida Statutes, is amended to
  300  read:
  301         548.07 Suspension of license or permit by commissioner;
  302  hearing.—Notwithstanding any provision of chapter 120, any
  303  member of the commission may, upon her or his own motion or upon
  304  the verified written complaint of any person charging a licensee
  305  or permittee with violating this chapter, suspend any license or
  306  permit until final determination by the commission if such
  307  action is necessary to protect the public welfare and the best
  308  interests of the sport. The commission shall hold a hearing
  309  within 10 days after the date on which the license or permit is
  310  suspended.
  311         (1) The commission, any commissioner, any commission
  312  designee, or the executive director or his or her designee may
  313  issue an emergency suspension of license order to any person
  314  licensed under this chapter who poses an immediate serious
  315  danger to the health, safety, and welfare of the participants
  316  and the general public.
  317         (2) The department’s Office of General Counsel shall review
  318  the grounds for each emergency suspension order issued and file
  319  an administrative complaint against the licensee within 21 days
  320  after the issuance of the emergency suspension order.
  321         (3) Following service of the administrative complaint,
  322  pursuant to procedures set forth in s. 455.275, the disciplinary
  323  process shall proceed pursuant to chapter 120.
  324         Section 9. Section 548.073, Florida Statutes, is amended to
  325  read:
  326         548.073 Commission hearings.—All hearings held under this
  327  chapter must be held in accordance with chapter 120
  328  Notwithstanding the provisions of chapter 120, any member of the
  329  commission may conduct a hearing. Before any adjudication is
  330  rendered, a majority of the members of the commission shall
  331  examine the record and approve the adjudication and order.
  332         Section 10. This act shall take effect July 1, 2013.