Florida Senate - 2013                                    SB 1686
       By Senator Altman
       16-01069-13                                           20131686__
    1                        A bill to be entitled                      
    2         An act relating to pugilistic exhibitions; amending s.
    3         548.002, F.S.; providing new definitions and revising
    4         existing definitions; amending s. 548.004, F.S.;
    5         revising the duties of the Executive Director of the
    6         Florida State Boxing Commission; amending s. 548.006,
    7         F.S.; clarifying provisions and providing exclusive
    8         jurisdiction to the commission relating to sanctioning
    9         bodies for mixed martial arts matches; amending s.
   10         548.007, F.S.; providing exemptions from regulation
   11         for matches conducted by certain educational,
   12         military, and other organizations; amending s.
   13         548.046, F.S.; providing sanctions for certain
   14         violations related to required testing for prohibited
   15         substances; amending s. 548.054, F.S.; clarifying
   16         provisions relating to hearings relating to the
   17         withholding of purses by promoters; amending s.
   18         548.06, F.S.; providing financial recordkeeping
   19         requirements for promoters; providing for inspections
   20         and the adoption of rules by the commission; amending
   21         s. 548.07, F.S.; revising procedures relating to the
   22         suspension of licenses by the commission; providing
   23         for review by the General Counsel of the Department of
   24         Business and Professional Regulation; amending s.
   25         548.073, F.S.; requiring all hearings to be held
   26         pursuant to ch. 120, F.S.; providing an effective
   27         date.
   29  Be It Enacted by the Legislature of the State of Florida:
   31         Section 1. Section 548.002, Florida Statutes, is amended to
   32  read:
   33         548.002 Definitions.—As used in this chapter, the term:
   34         (1) “Amateur” means a person who has never received nor
   35  competed for any purse or other article of value, either for the
   36  expenses of training or for participating in a match, other than
   37  a prize of $50 in value or less.
   38         (2) “Amateur sanctioning organization” means a any business
   39  entity organized for sanctioning and supervising matches
   40  involving amateurs.
   41         (3) “Boxing” means the practice of fighting, as a sport,
   42  with the fists to compete with the fists.
   43         (4) “Commission” means the Florida State Boxing Commission.
   44         (5) “Concessionaire” means a any person or business entity
   45  not licensed as a promoter which receives revenues or other
   46  compensation from the sale of tickets or from the sale of
   47  souvenirs, programs, broadcast rights, or any other concessions
   48  in conjunction with the promotion of a match.
   49         (6) “Concessions” means souvenirs, programs, drinks, food,
   50  alcohol, clothing, or other tangible objects sold to the general
   51  public during a match.
   52         (7)(6) “Contest” means a boxing, kickboxing, or mixed
   53  martial arts engagement in which persons participating strive
   54  earnestly to win using, but not necessarily being limited to,
   55  strikes and blows to the head.
   56         (8)(7) “Department” means the Department of Business and
   57  Professional Regulation.
   58         (9)(8) “Event” means one or more matches comprising a show.
   59         (10)(9) “Exhibition” means a boxing, kickboxing, or mixed
   60  martial arts engagement in which persons participating show or
   61  display their skill without necessarily striving to win using,
   62  but not necessarily being limited to, strikes and blows to the
   63  head.
   64         (11) “Face value” means the dollar value of a ticket, which
   65  reflects the dollar amount that a customer is required to pay,
   66  or, for complimentary tickets, would have been required to pay,
   67  to purchase a ticket with equivalent seating priority, to view
   68  the event. If the ticket specifies the amount of admission
   69  charges attributable to state or federal taxes, such taxes are
   70  not included in the face value.
   71         (12)(10) “Foreign copromoter” means a promoter who has no
   72  place of business within this state.
   73         (13) “Full contact” means a match or a bout during which
   74  the blows or strikes that are delivered:
   75         (a) Are intended to cause injury;
   76         (b) Are intended to break the plane of the receiving
   77  participant’s body;
   78         (c) Are delivered to the head, face, neck, or body of the
   79  receiving participant; or
   80         (d) Cause the receiving participant to move in response to
   81  the blow.
   82         (14) “Gross receipts” means:
   83         (a) The gross price charged for the sale or lease of
   84  broadcasting, television, and motion picture rights, without any
   85  deduction for commissions, brokerage fees, distribution fees,
   86  advertising, or other expenses or charges;
   87         (b) The portion of the receipts from the sale of
   88  concessions received by the promoter; and
   89         (c) The face value of all tickets sold and complimentary
   90  tickets issued.
   92  The term does not include any amount charged for federal and
   93  state taxes.
   94         (15)(11) “Judge” means a person who has a vote in
   95  determining the winner of any contest.
   96         (16)(12) “Kickboxing” means to compete in any form of
   97  boxing in which blows are delivered with the hands, fists, any
   98  part of the legs, including the feet, with the fists, feet,
   99  legs, or any combination thereof, and includes “punchkick” and
  100  other similar competitions.
  101         (17)(13) “Manager” means a any person who, directly or
  102  indirectly, controls or administers the boxing, kickboxing, or
  103  mixed martial arts affairs of a any participant.
  104         (18) “Martial arts” means any traditional form of self
  105  defense taught by masters which uses physical skill and
  106  coordination, is taught and advanced on a belt system, and may
  107  include, but is not limited to, karate, aikido, judo, and kung
  108  fu. The term does not mean a combination of any of the
  109  traditional forms or the techniques used in the traditional
  110  forms of self-defense or unarmed combat.
  111         (19)(14) “Match” means any contest or exhibition.
  112         (20)“Match held in conjunction with instruction” means a
  113  practice bout or sparring session between two students of the
  114  same school or instructional facility which is used to display
  115  skills obtained from instruction and which is conducted over a
  116  period of more than 30 days in the techniques used in boxing,
  117  kickboxing, and martial arts. The instruction may be received
  118  before the match or during the match from a trainer or the
  119  referee.
  120         (21)(15) “Matchmaker” means a person who brings together
  121  professionals or arranges matches for professionals.
  122         (22)(16) “Mixed martial arts” means unarmed combat
  123  involving the use, subject to any applicable limitations set
  124  forth in this chapter, of a combination of two or more
  125  techniques, including, but not limited to, wrestling, grappling,
  126  kicking, and striking, from different disciplines of the martial
  127  arts, including, but not limited to, kickboxing, boxing, Muay
  128  Thai, and Thai boxing grappling, kicking, and striking.
  129         (23)(17) “Participant” means a professional competing in a
  130  boxing, kickboxing, or mixed martial arts match.
  131         (24)(18) “Physician” means an individual licensed as a
  132  physician, as defined in chapter 458, or an osteopathic
  133  physician, as defined in chapter 459, to practice medicine and
  134  surgery in this state.
  135         (25)(19) “Professional” means a person who has received or
  136  competed for any purse or other article of a value greater than
  137  $50, either for the expenses of training or for participating in
  138  any match.
  139         (26)(20) “Promoter” means any person, and includes any
  140  officer, director, employee, or stockholder of a corporate
  141  promoter, who produces, arranges, or stages any match involving
  142  a professional.
  143         (27)(21) “Purse” means the financial guarantee or other
  144  remuneration for which a professional is participating in a
  145  match and includes the professional’s share of any payment
  146  received for radio broadcasting, television, and motion picture
  147  rights.
  148         (28)(22) “Second” or “cornerman” means a person who assists
  149  the match participant between rounds and maintains the corner of
  150  the participant during the match.
  151         (29)(23) “Secretary” means the Secretary of Business and
  152  Professional Regulation.
  153         Section 2. Section 548.004, Florida Statutes, is amended to
  154  read:
  155         548.004 Executive director; duties, compensation,
  156  administrative support.—
  157         (1) The department shall employ an executive director with
  158  the approval of the commission. The executive director shall
  159  serve at the pleasure of the secretary. The executive director
  160  or his or her designee shall comply with any duties or
  161  responsibilities specified by the commission, including
  162  conducting the functions of the commission office, appointing
  163  event and commission officials, approving licenses, permits,
  164  matches, and fight cards, keep a record of all proceedings of
  165  the commission; shall preserve all books, papers, and documents
  166  pertaining to the business of the commission; shall prepare any
  167  notices and papers required; shall appoint judges, referees, and
  168  other officials as delegated by the commission and pursuant to
  169  this chapter and rules of the commission; and performing shall
  170  perform such other duties as the department or commission deems
  171  necessary directs. The executive director may issue subpoenas
  172  and administer oaths.
  173         (2) The commission shall require electronic recording of
  174  all scheduled proceedings of the commission.
  175         (2)(3) The department shall provide assistance in budget
  176  development and budget submission for state funding requests.
  177  The department shall submit an annual balanced legislative
  178  budget for the commission which is based upon anticipated
  179  revenue. The department shall provide technical assistance and
  180  administrative support, if requested or determined necessary
  181  needed, to the commission and its executive director on issues
  182  relating to personnel, contracting, property management, or
  183  other issues identified as important to performing the duties of
  184  this chapter and to protecting the interests of the state.
  185         Section 3. Section 548.006, Florida Statutes, is amended to
  186  read:
  187         548.006 Power of commission to control professional and
  188  amateur pugilistic contests and exhibitions; certification of
  189  competitiveness of professional mixed martial arts and
  190  kickboxing matches.—
  191         (1) The commission has exclusive jurisdiction over every
  192  match held within the state which involves a professional.
  193         (2) As to professional mixed martial arts and kickboxing,
  194  until a central repository of match records for each exists and
  195  is approved by the commission, the matchmaker shall certify as
  196  to the competitiveness of each match.
  197         (3) The commission has exclusive jurisdiction over
  198  approval, disapproval, suspension of approval, and revocation of
  199  approval of all amateur sanctioning organizations for amateur
  200  boxing, and kickboxing, and mixed martial arts matches held in
  201  this state.
  202         (4) Professional and amateur matches shall be held in
  203  accordance with this chapter and the rules adopted by the
  204  commission.
  205         Section 4. Section 548.007, Florida Statutes, is amended to
  206  read:
  207         548.007 Exceptions Applicability of provisions to amateur
  208  matches and certain other matches or events.—Sections 548.001
  209  548.079 do not apply to:
  210         (1) A match conducted or sponsored by a bona fide nonprofit
  211  school or education program whose primary purpose is instruction
  212  in the martial arts, boxing, or kickboxing, if the match held in
  213  conjunction with the instruction is limited to amateur
  214  participants who are students of the school or instructional
  215  program and if the school or program is located at only one
  216  physical address;
  217         (2) A match conducted or sponsored by any company or
  218  detachment of the Florida National Guard, if the match is
  219  limited to amateur participants who are members of the company
  220  or detachment of the Florida National Guard; or
  221         (3) A match conducted or sponsored by the Fraternal Order
  222  of Police, if the match is limited to amateur participants and
  223  is held in conjunction with a charitable event;.
  224         (4) A match conducted by a university, college, community
  225  college, junior college, high school, or junior high school; or
  226  a match limited to amateur participants who are enrolled
  227  students at the university, college, community college, junior
  228  college, high school, or junior high school that is conducting
  229  the match;
  230         (5) A match conducted by a company or detachment of the
  231  United States Army, Navy, Air Force, Marine Corps, Coast Guard,
  232  or National Guard, if the match is limited to amateur
  233  participants who are members of the United States Armed Forces;
  234         (6) A match conducted by the International Olympic
  235  Committee, the International Paralympic Committee, the Special
  236  Olympics, or the Junior Olympics, if the match is limited to
  237  amateur participants who are competing or qualifying for the
  238  Olympics, the Paralympics, the Special Olympics, or the Junior
  239  Olympics; or
  240         (7) A match conducted by an entity in connection with the
  241  motion picture, fashion photography, theatrical, or television
  242  industry, if the match is intended for entertainment purposes,
  243  does not allow full contact, and contains all of the following
  244  factors:
  245         (a) Predetermined winners.
  246         (b) Celebrity participants.
  247         (c) “Pillow-fight” gloves, which weigh no less than 24
  248  ounces.
  249         (d) Headgear.
  250         (e) Rounds lasting no more than 1 minute, with at least 1
  251  minute rest intervals.
  252         (f) No purse.
  253         Section 5. Paragraph (c) of subsection (3) of section
  254  548.046, Florida Statutes, is amended, and paragraph (d) is
  255  added to that subsection, to read:
  256         548.046 Physician’s attendance at match; examinations;
  257  cancellation of match.—
  258         (3)
  259         (c) Failure or refusal to provide a urine sample
  260  immediately upon request is an immediate and serious risk to the
  261  health, safety, and welfare of the participants and the public
  262  and shall result in the immediate suspension revocation of the
  263  participant’s license and subject the participant to
  264  disciplinary action. A Any participant who has been adjudged the
  265  loser of a match and who subsequently refuses to or is unable to
  266  provide a urine sample shall forfeit his or her share of the
  267  purse to the commission. A Any participant who is adjudged the
  268  winner of a match and who subsequently refuses to or is unable
  269  to provide a urine sample shall forfeit the win and may shall
  270  not be allowed to engage in any future match in the state. A no
  271  decision result shall be entered into the official record as the
  272  result of the match. The purse shall be redistributed as though
  273  the participant found to be in violation of this subsection had
  274  lost the match. If redistribution of the purse is not necessary
  275  or after redistribution of the purse is completed, the
  276  participant found to be in violation of this subsection shall
  277  forfeit his or her share of the purse to the commission.
  278         (d) Testing positive for a prohibited substance specified
  279  in a commission rule is an immediate and serious danger to the
  280  health, safety, and welfare of the participants and the general
  281  public. A professional participant who tests positive on a
  282  verified drug test for a prohibited drug or substance is subject
  283  to disciplinary action.
  284         Section 6. Subsection (2) of section 548.054, Florida
  285  Statutes, is amended to read:
  286         548.054 Withholding of purses; hearing; disposition of
  287  withheld purse forfeiture.—
  288         (2) Any purse so withheld shall be delivered by the
  289  promoter to the commission upon demand. Within 10 days after the
  290  match, the person from whom the sum was withheld may submit to
  291  the commission a petition for hearing apply in writing to the
  292  commission for a hearing. Upon receipt of the petition
  293  application, the commission may hold a hearing pursuant to s.
  294  120.569 or s. 120.57 shall fix a date for a hearing. Within 10
  295  days after the hearing or after 10 days following the match, If
  296  no petition application for a hearing is filed, the commission
  297  shall meet and determine the disposition to be made of the
  298  withheld purse. If the commission finds the charges sufficient,
  299  it may declare all or any part of the funds forfeited. If the
  300  commission finds the charges not sufficient upon which to base a
  301  withholding order, it shall immediately distribute the withheld
  302  funds to the persons entitled thereto.
  303         Section 7. Subsections (7) through (9) are added to section
  304  548.06, Florida Statutes, to read:
  305         548.06 Payments to state; exemptions.—
  306         (7) A promoter shall retain a copy of the following records
  307  for 7 years and shall provide copies to the commission, upon
  308  request:
  309         (a) Records necessary to justify and support the reports
  310  submitted to the commission;
  311         (b)Filed reports, certified by the promoter;
  312         (c) Copies of all gross receipts;
  313         (d) Independently prepared ticket manifests; and
  314         (e) Receipted vouchers for all expenditures and deductions.
  315         (8) Compliance with this section is subject to verification
  316  by commission audit. The commission may, upon reasonable notice
  317  to the promoter, audit the promoter’s books and records relating
  318  to the promoter’s operations under this section.
  319         (9) The commission shall adopt rules, including actions to
  320  be taken by the commission if an audit reflects excessive taxes
  321  paid or taxes owed by the promoter, including a late fee if
  322  taxes are owed.
  323         Section 8. Section 548.07, Florida Statutes, is amended to
  324  read:
  325         548.07 Suspension of license or permit by commissioner;
  326  hearing.—
  327         (1) The commission, any commissioner, the executive
  328  director or his or her designee, or any commission designee may
  329  issue an emergency suspension of the license of a licensee who
  330  poses an immediate and serious danger to the health, safety, and
  331  welfare of the public, a licensee, or a participant.
  332         (2)The general counsel of the department shall review the
  333  grounds for the emergency suspension order and shall file an
  334  administrative complaint against the licensee within 21 days
  335  after issuance of the order Notwithstanding any provision of
  336  chapter 120, any member of the commission may, upon her or his
  337  own motion or upon the verified written complaint of any person
  338  charging a licensee or permittee with violating this chapter,
  339  suspend any license or permit until final determination by the
  340  commission if such action is necessary to protect the public
  341  welfare and the best interests of the sport. The commission
  342  shall hold a hearing within 10 days after the date on which the
  343  license or permit is suspended.
  344         Section 9. Section 548.073, Florida Statutes, is amended to
  345  read:
  346         548.073 Commission hearings.—Hearings held under this
  347  chapter must be pursuant to chapter 120. Notwithstanding the
  348  provisions of chapter 120, any member of the commission may
  349  conduct a hearing. Before any adjudication is rendered, a
  350  majority of the members of the commission shall examine the
  351  record and approve the adjudication and order.
  352         Section 10. This act shall take effect upon becoming a law.