Florida Senate - 2013                      CS for CS for SB 1686
       By the Committees on Appropriations; and Regulated Industries;
       and Senator Altman
       576-04690-13                                          20131686c2
    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.; repealing s.
   13         548.015, F.S., which requires licensed concessionaires
   14         to obtain a security, to conform; amending s. 548.017,
   15         F.S.; deleting a requirement for the licensure of
   16         concessionaires; amending s. 548.046, F.S.; providing
   17         for immediate license suspension and other
   18         disciplinary action if a participant fails or refuses
   19         to provide a urine sample or tests positive for
   20         specified prohibited substances; amending s. 548.054,
   21         F.S.; revising procedure and requirements for
   22         requesting a hearing following the withholding of a
   23         purse; amending s. 548.06, F.S.; revising the
   24         calculation of gross receipts; requiring promoters to
   25         retain specified documents and records; authorizing
   26         the commission and the Department of Business and
   27         Professional Regulation to audit specified records
   28         retained by a promoter; requiring the commission to
   29         adopt rules; amending s. 548.07, F.S.; revising the
   30         procedure for suspension of licensure by specified
   31         persons; amending s. 548.073, F.S.; revising rules of
   32         procedure governing commission hearings; providing an
   33         appropriation; providing an effective date.
   35  Be It Enacted by the Legislature of the State of Florida:
   37         Section 1. Section 548.002, Florida Statutes, is amended to
   38  read:
   39         548.002 Definitions.—As used in this chapter, the term:
   40         (1) “Amateur” means a person who has never received nor
   41  competed for any purse or other article of value, either for the
   42  expenses of training or for participating in a match, other than
   43  a prize of $50 in value or less.
   44         (2) “Amateur sanctioning organization” means any business
   45  entity organized for sanctioning and supervising matches
   46  involving amateurs.
   47         (3) “Boxing” means the practice of fighting with the fists
   48  as a sport to compete with the fists.
   49         (4) “Commission” means the Florida State Boxing Commission.
   50         (5) “Concessionaire” means any person or business entity
   51  not licensed as a promoter which receives revenues or other
   52  compensation from the sale of tickets or from the sale of
   53  souvenirs, programs, broadcast rights, or any other concessions
   54  in conjunction with the promotion of a match.
   55         (5)(6) “Contest” means a boxing, kickboxing, or mixed
   56  martial arts engagement in which persons participating strive
   57  earnestly to win using, but not necessarily being limited to,
   58  strikes and blows to the head.
   59         (6)(7) “Department” means the Department of Business and
   60  Professional Regulation.
   61         (7)(8) “Event” means one or more matches comprising a show.
   62         (8)(9) “Exhibition” means a boxing, kickboxing, or mixed
   63  martial arts engagement in which persons participating show or
   64  display their skill without necessarily striving to win using,
   65  but not necessarily being limited to, strikes and blows to the
   66  head.
   67         (9) “Face value” means the dollar value of a ticket which
   68  is equal to the dollar amount that a customer is required to pay
   69  or, for complimentary tickets, would have been required to pay
   70  to purchase a ticket with equivalent seating priority in order
   71  to view the event. If the ticket specifies the amount of
   72  admission charges attributable to state or federal taxes, such
   73  taxes shall not be included in the face value.
   74         (10) “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         (10) “Foreign copromoter” means a promoter who has no place
   83  of business within this state.
   84         (11) “Judge” means a person who has a vote in determining
   85  the winner of any contest.
   86         (12) “Kickboxing” means the practice of fighting to compete
   87  with the fists, hands, feet, legs, or any combination thereof as
   88  a sport, and includes “punchkick” and other similar
   89  competitions.
   90         (13) “Manager” means any person who, directly or
   91  indirectly, controls or administers the boxing, kickboxing, or
   92  mixed martial arts affairs of any participant.
   93         (14) “Match” means any contest or exhibition.
   94         (15) “Matchmaker” means a person who brings together
   95  professionals or arranges matches for professionals.
   96         (16) “Mixed martial arts” means full contact, unarmed
   97  combat involving the use, subject to any applicable limitations
   98  set forth in this chapter, of a combination of two or more
   99  techniques, including, but not limited to, grappling, kicking,
  100  and striking, from different disciplines of the martial arts,
  101  including, but not limited to, boxing, kickboxing, muay Thai,
  102  and Thai boxing grappling, kicking, and striking.
  103         (17) “Participant” means a professional competing in a
  104  boxing, kickboxing, or mixed martial arts match.
  105         (18) “Physician” means a person an individual licensed to
  106  practice medicine under chapter 458 or chapter 459 whose license
  107  is unencumbered and in good standing to practice medicine and
  108  surgery in this state.
  109         (19) “Professional” means a person who has received or
  110  competed for any purse or other article of a value greater than
  111  $50, either for the expenses of training or for participating in
  112  any match.
  113         (20) “Promoter” means any person or entity, and includes
  114  any officer, director, trustee, partner employee, or owner
  115  stockholder of a corporate promoter or any promoter partnership,
  116  who produces, arranges, or stages any match involving a
  117  professional.
  118         (21) “Purse” means the financial guarantee or other
  119  remuneration for which a professional is participating in a
  120  match and includes the professional’s share of any payment
  121  received for radio broadcasting, television, and motion picture
  122  rights.
  123         (22) “Second” or “cornerman” means a person who assists a
  124  the match participant in preparation for a match and between
  125  rounds, and who maintains the corner of a the participant during
  126  a the match.
  127         (23) “Secretary” means the Secretary of Business and
  128  Professional Regulation.
  129         Section 2. Section 548.004, Florida Statutes, is amended to
  130  read:
  131         548.004 Executive director; duties, compensation,
  132  administrative support.—
  133         (1) The department shall employ an executive director with
  134  the approval of the commission. The executive director shall
  135  serve at the pleasure of the secretary. The executive director
  136  or his or her designee shall perform duties and responsibilities
  137  as set forth by the commission, which shall include conducting
  138  the functions of the commission office; appointing event and
  139  commission officials; approving licenses, permits, and matches;
  140  and performing any keep a record of all proceedings of the
  141  commission; shall preserve all books, papers, and documents
  142  pertaining to the business of the commission; shall prepare any
  143  notices and papers required; shall appoint judges, referees, and
  144  other officials as delegated by the commission and pursuant to
  145  this chapter and rules of the commission; and shall perform such
  146  other duties as the department or commission deems necessary
  147  directs. The executive director may issue subpoenas and
  148  administer oaths.
  149         (2) The commission shall require electronic recording of
  150  all scheduled proceedings of the commission.
  151         (2)(3) The department shall provide assistance in budget
  152  development and budget submission for state funding requests.
  153  The department shall submit an annual balanced legislative
  154  budget for the commission which is based upon anticipated
  155  revenue. The department shall provide technical assistance and
  156  administrative support, if requested or determined necessary
  157  needed, to the commission and its executive director on issues
  158  relating to personnel, contracting, property management, or
  159  other issues identified as important to performing the duties of
  160  this chapter and to protecting the interests of the state.
  161         Section 3. Subsection (3) of section 548.006, Florida
  162  Statutes, is amended to read:
  163         548.006 Power of commission to control professional and
  164  amateur boxing, kickboxing, and mixed martial arts matches
  165  pugilistic contests and exhibitions; certification of
  166  competitiveness of professional mixed martial arts and
  167  kickboxing matches.—
  168         (3) The commission has exclusive jurisdiction over
  169  approval, disapproval, suspension of approval, and revocation of
  170  approval of all amateur sanctioning organizations for amateur
  171  boxing, and kickboxing, and mixed martial arts matches held in
  172  this state.
  173         Section 4. Section 548.007, Florida Statutes, is amended to
  174  read:
  175         548.007 Exemptions.—This chapter does Applicability of
  176  provisions to amateur matches and certain other matches or
  177  events.—Sections 548.001-548.079 do not apply to:
  178         (1) A match that does not allow full contact conducted or
  179  sponsored by a bona fide nonprofit school or education program
  180  whose primary purpose is instruction in the martial arts,
  181  boxing, or kickboxing, if the match held in conjunction with the
  182  instruction is limited to amateurs. amateur participants who are
  183  students of the school or instructional program;
  184         (2) A match conducted or sponsored by any company or
  185  detachment of the Florida National Guard, if the match is
  186  limited to amateurs participants who are members of the company
  187  or detachment of the Florida National Guard.; or
  188         (3) A match conducted or sponsored by the Fraternal Order
  189  of Police, if the match is limited to amateurs amateur
  190  participants and is held in conjunction with a charitable event.
  191         (4) A match conducted by a public postsecondary education
  192  institution or a public secondary school, if the match is
  193  limited to amateurs who are students enrolled in the institution
  194  or school and members of a school-sponsored club or team.
  195         (5) A match conducted by or between companies or
  196  detachments of the United States Army, Navy, Air Force, Marines,
  197  Coast Guard, or National Guard, if the match is limited to
  198  amateurs who are members of the United States Armed Forces.
  199         (6) A match conducted by the International Olympic
  200  Committee, the International Paralympic Committee, the Special
  201  Olympics, or the Junior Olympics, if the match is limited to
  202  amateurs who are competing in or attempting to qualify for the
  203  Olympics, Paralympics, Special Olympics, or Junior Olympics.
  204         (7) A professional or amateur martial arts activity. As
  205  used in this subsection, the term “martial arts” means any one
  206  of the traditional forms of self-defense or unarmed combat
  207  involving the use of physical skill and coordination, including,
  208  but not limited to, karate, aikido, judo, and kung fu. The term
  209  does not include “mixed martial arts.”
  210         Section 5. Section 548.015, Florida Statutes, is repealed.
  211         Section 6. Subsection (1) of section 548.017, Florida
  212  Statutes, is amended to read:
  213         548.017 Participants, managers, and other persons required
  214  to have licenses.—
  215         (1) A participant, manager, trainer, second, timekeeper,
  216  referee, judge, announcer, physician, matchmaker,
  217  concessionaire, or booking agent or representative of a booking
  218  agent shall be licensed before directly or indirectly acting in
  219  such capacity in connection with any match involving a
  220  participant. A physician must be licensed pursuant to chapter
  221  458 or chapter 459, must maintain an unencumbered license in
  222  good standing, and must demonstrate satisfactory medical
  223  training or experience in boxing, or a combination of both, to
  224  the executive director prior to working as the ringside
  225  physician.
  226         Section 7. Paragraph (c) of subsection (3) of section
  227  548.046, Florida Statutes, is amended, and paragraph (d) is
  228  added to that subsection, to read:
  229         548.046 Physician’s attendance at match; examinations;
  230  cancellation of match.—
  231         (3)
  232         (c) Failure or refusal to provide a urine sample
  233  immediately upon request constitutes an immediate serious danger
  234  to the health, safety, and welfare of the participants and the
  235  public and shall result in the immediate suspension revocation
  236  of the participant’s license and constitute grounds for
  237  additional disciplinary action. Any participant who has been
  238  adjudged the loser of a match and who subsequently refuses to or
  239  is unable to provide a urine sample shall forfeit his or her
  240  share of the purse to the commission. Any participant who is
  241  adjudged the winner of a match and who subsequently refuses to
  242  or is unable to provide a urine sample shall forfeit the win and
  243  shall not be allowed to engage in any future match in the state.
  244  A no-decision result shall be entered into the official record
  245  as the result of the match. The purse shall be redistributed as
  246  though the participant found to be in violation of this
  247  subsection had lost the match. If redistribution of the purse is
  248  not necessary or after redistribution of the purse is completed,
  249  the participant found to be in violation of this subsection
  250  shall forfeit his or her share of the purse to the commission.
  251         (d) Testing positive for any of the prohibited substances
  252  as set forth by commission rule constitutes an immediate serious
  253  danger to the health, safety, and welfare of the participants
  254  and the general public and shall result in the immediate
  255  suspension of the participant’s license and constitute grounds
  256  for additional disciplinary action.
  257         Section 8. Subsection (2) of section 548.054, Florida
  258  Statutes, is amended to read:
  259         548.054 Withholding of purses; hearing; disposition of
  260  withheld purse forfeiture.—
  261         (2) Any purse so withheld shall be delivered by the
  262  promoter to the commission upon demand. Within 10 days after the
  263  match, the person from whom the sum was withheld may submit a
  264  petition for a hearing to the commission apply in writing to the
  265  commission for a hearing. Upon receipt of the petition
  266  application, the commission may hold shall fix a date for a
  267  hearing pursuant to ss. 120.569 and 120.57. Within 10 days after
  268  the hearing or after 10 days following the match, If no petition
  269  application for a hearing is filed, the commission shall meet
  270  and determine the disposition to be made of the withheld purse.
  271  If the commission finds the charges sufficient, it may declare
  272  all or any part of the funds forfeited. If the commission finds
  273  the charges not sufficient upon which to base a withholding
  274  order, it shall immediately distribute the withheld funds to the
  275  persons entitled thereto.
  276         Section 9. Section 548.06, Florida Statutes, is amended to
  277  read:
  278         548.06 Payments to state; exemptions; audit of records.—
  279         (1) A promoter holding a match shall, within 72 hours after
  280  the match, file with the commission a written report which
  281  includes the number of tickets sold, the amount of gross
  282  receipts, and any other facts the commission may require. For
  283  the purposes of this chapter, total gross receipts include each
  284  of the following:
  285         (a) The gross price charged for the sale or lease of
  286  broadcasting, television, and pay-per-view motion picture rights
  287  of any match occurring within the state without any deductions
  288  for commissions, brokerage fees, distribution fees, advertising,
  289  or other expenses or charges.;
  290         (b) The portion of the receipts from the sale of souvenirs,
  291  programs, and other concessions received by the promoter;
  292         (b)(c) The face value of all tickets sold and complimentary
  293  tickets issued, provided, or given. However, the face value of
  294  complimentary tickets issued, provided, or given of up to 4
  295  percent of the seating capacity of the premises where the match
  296  is held may be deducted from the calculation of gross receipts.
  297  To the extent that complimentary tickets issued, provided, or
  298  given exceed 4 percent of the seating capacity, the deduction
  299  shall be calculated based on the proportion among the price
  300  categories for which complimentary tickets were issued,
  301  provided, or given. Tax payments made on complimentary tickets
  302  issued, provided, or given above 4 percent shall be calculated
  303  based on actual face value of the complimentary tickets, in
  304  direct proportion to the price categories for which the tickets
  305  were issued, provided, or given.; and
  306         (c)(d) The face value of any seat or seating issued,
  307  provided, or given in exchange for advertising, sponsorships, or
  308  anything of value to the promotion of an event.
  309         (2) Where the rights to telecast a match or matches held in
  310  this state under the supervision of the Florida State Boxing
  311  Commission are in whole owned by, sold to, acquired by, or held
  312  by any person who intends to or subsequently sells or, in some
  313  other manner, extends such rights in part to another, such
  314  person is deemed to be a promoter and must be licensed as such
  315  in this state. Such person shall, within 72 hours after the
  316  sale, transfer, or extension of such rights in whole or in part,
  317  file with the commission a written report that includes the
  318  number of tickets sold, the amount of gross receipts, and any
  319  other facts the commission may require.
  320         (3) A concessionaire shall, within 72 hours after the
  321  match, file with the commission a written report that includes
  322  the number of tickets sold, the amount of gross receipts, and
  323  any other facts the commission may require.
  324         (3)(4) Any written report required to be filed with the
  325  commission under this section shall be postmarked within 72
  326  hours after the conclusion of the match, and an additional 5
  327  days shall be allowed for mailing.
  328         (4)(5)Each the written report shall be accompanied by a
  329  tax payment in the amount of 5 percent of the total gross
  330  receipts exclusive of any federal taxes, except that the tax
  331  payment derived from the gross price charged for the sale or
  332  lease of broadcasting, television, and pay-per-view motion
  333  picture rights of any match occurring within the state shall not
  334  exceed $40,000 for any single event.
  335         (5)(6)(a) Any promoter who willfully makes a false and
  336  fraudulent report under this section is guilty of perjury and,
  337  upon conviction, is subject to punishment as provided by law.
  338  Such penalty shall be in addition to any other penalties imposed
  339  by this chapter.
  340         (b) Any promoter who willfully fails, neglects, or refuses
  341  to make a report or to pay the taxes as prescribed or who
  342  refuses to allow the commission to examine the books, papers,
  343  and records of any promotion is guilty of a misdemeanor of the
  344  second degree, punishable as provided in s. 775.082 or s.
  345  775.083.
  346         (6) The promoter shall retain a copy of the following
  347  records for a period of 1 year and shall provide a copy of such
  348  records to the commission upon request:
  349         (a) Records necessary to justify and support each report
  350  submitted to the commission, including a copy of any report
  351  filed with the commission.
  352         (b) A copy of each independently prepared ticket manifest.
  353         (7) Compliance with the requirements of this section is
  354  subject to verification by department or commission audit. The
  355  commission shall have the right, upon reasonable notice to the
  356  promoter, to audit the promoter’s books and records relating to
  357  the promoter’s operations under this chapter.
  358         (8) The commission shall adopt rules establishing a
  359  procedure for auditing a promoter’s records and resolving any
  360  inconsistencies revealed by an audit, such as excessive taxes
  361  paid or taxes owed by the filing promoter, and shall adopt a
  362  rule imposing a late fee in the event of taxes owed.
  363         Section 10. Section 548.07, Florida Statutes, is amended to
  364  read:
  365         548.07 Suspension of license or permit by commissioner;
  366  hearing.—Notwithstanding any provision of chapter 120, any
  367  member of the commission may, upon her or his own motion or upon
  368  the verified written complaint of any person charging a licensee
  369  or permittee with violating this chapter, suspend any license or
  370  permit until final determination by the commission if such
  371  action is necessary to protect the public welfare and the best
  372  interests of the sport. The commission shall hold a hearing
  373  within 10 days after the date on which the license or permit is
  374  suspended.
  375         (1) The commission, any commissioner, any commission
  376  designee, or the executive director or his or her designee may
  377  issue an emergency suspension of license order to any person
  378  licensed under this chapter who poses an immediate serious
  379  danger to the health, safety, and welfare of the participants
  380  and the general public.
  381         (2) The department’s Office of General Counsel shall review
  382  the grounds for each emergency suspension order issued and file
  383  an administrative complaint against the licensee within 21 days
  384  after the issuance of the emergency suspension order.
  385         (3) Following service of the administrative complaint,
  386  pursuant to procedures set forth in s. 455.275, the disciplinary
  387  process shall proceed pursuant to chapter 120.
  388         Section 11. Section 548.073, Florida Statutes, is amended
  389  to read:
  390         548.073 Commission hearings.—All hearings held under this
  391  chapter must be held in accordance with chapter 120
  392  Notwithstanding the provisions of chapter 120, any member of the
  393  commission may conduct a hearing. Before any adjudication is
  394  rendered, a majority of the members of the commission shall
  395  examine the record and approve the adjudication and order.
  396         Section 12. The sum of $111,000 in recurring funds is
  397  appropriated from the General Revenue Fund to the Department of
  398  Business and Professional Regulation for the implementation of
  399  this act by the Florida State Boxing Commission during the 2013
  400  2014 fiscal year.
  401         Section 13. This act shall take effect July 1, 2013.