Senate Bill sb1234e1

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  1                      A bill to be entitled

  2         An act relating to the Florida State Boxing

  3         Commission; amending s. 548.002, F.S.;

  4         providing definitions; creating s. 548.015,

  5         F.S.; authorizing the commission to require the

  6         posting of a bond or other form of security by

  7         concessionaires; amending s. 548.003, F.S.;

  8         requiring one member of the Florida State

  9         Boxing Commission to be a licensed physician;

10         providing additional duties and

11         responsibilities of the commission; requiring

12         the commission to make recommendations with

13         respect to unregulated and unsanctioned boxing

14         competitions; amending s. 548.017, F.S.;

15         providing requirements for ringside physicians;

16         requiring concessionaires to be licensed;

17         amending s. 548.021, F.S.; providing a criminal

18         penalty for attempting to obtain a license by

19         means of fraudulent information; creating s.

20         548.024, F.S.; authorizing the commission to

21         adopt rules providing for background

22         investigations of applicants for licensure;

23         providing for the submission of fingerprint

24         cards; providing procedure for processing

25         fingerprint cards; amending s. 548.028, F.S.;

26         expanding provisions with respect to persons

27         whom the commission may not license; amending

28         s. 548.041, F.S.; providing requirements and

29         restrictions with respect to age, condition,

30         and suspension of boxers; providing for

31         revocation of license under specified


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  1         circumstances; amending s. 548.043, F.S.;

  2         providing requirements and procedure for the

  3         weighing of participants in a boxing match;

  4         amending s. 548.046, F.S.; revising provisions

  5         with respect to physicians' attendance at

  6         boxing matches; providing state insurance

  7         coverage and sovereign immunity protection for

  8         assigned physicians; authorizing blood tests of

  9         participants prior to a match; providing for

10         cancellation of the match for a test showing

11         the presence of a communicable disease or for

12         failure to present blood test results, if

13         required; authorizing the commission to adopt

14         rules relating to blood tests; requiring the

15         provision of urine samples by participants

16         under specified circumstances; providing for

17         revocation of license for failure or refusal to

18         provide a required urine sample; providing

19         conditions with respect to forfeiture and

20         redistribution of purse upon failure or refusal

21         to provide a required urine sample; specifying

22         authority of physicians at boxing matches;

23         providing procedure in the event of injury of a

24         referee; amending s. 548.049, F.S.; increasing

25         the minimum coverage amount of required

26         insurance for participants in boxing matches;

27         requiring promoters to pay any deductible for

28         such insurance policy; amending s. 548.05,

29         F.S.; providing additional requirements with

30         respect to contracts between managers and

31         professionals; amending s. 548.057, F.S.;


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  1         placing specified restrictions on judges of

  2         boxing matches; providing requirements with

  3         respect to number and location of judges;

  4         amending s. 548.06, F.S.; revising provisions

  5         relating to promoters and payments to the

  6         state; amending s. 548.074, F.S.; providing

  7         that the department shall have the power to

  8         administer oaths, take depositions, make

  9         inspections, serve subpoenas, and compel the

10         attendance of witnesses and other evidence;

11         amending s. 548.075, F.S.; authorizing the

12         commission to adopt rules to permit the

13         issuance of citations; repealing s. 548.045,

14         F.S., relating to the creation, qualifications,

15         compensation, and powers and duties of the

16         medical advisory council; providing an

17         effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Section 548.002, Florida Statutes, is

22  amended to read:

23         548.002  Definitions.--As used in this act, the term:

24         (1)  "Amateur" means a person who has never received

25  nor competed for any purse or other article of value, either

26  for the expenses of training or for participating in a match,

27  other than a prize of $50 in value or less.

28         (2)  "Boxing" means to compete with the fists.

29         (3)  "Commission" means the Florida State Boxing

30  Commission.

31  


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  1         (4)  "Concessionaire" means any person or business

  2  entity not licensed as a promoter which receives revenues or

  3  other compensation from the sale of tickets or from the sale

  4  of souvenirs, programs, broadcast rights, or any other

  5  concessions in conjunction with the promotion of a match.

  6         (5)(4)  "Contest" means a boxing or kickboxing

  7  engagement in which the participants strive earnestly to win.

  8         (6)(5)  "Department" means the Department of Business

  9  and Professional Regulation.

10         (7)(6)  "Exhibition" means a boxing or kickboxing

11  engagement in which the participants show or display their

12  skill without necessarily striving to win.

13         (8)(7)  "Foreign copromoter" means a promoter who has

14  no place of business within this state.

15         (9)(8)  "Judge" means a person who has a vote in

16  determining the winner of any contest.

17         (10)(9)  "Kickboxing" means to compete with the fists,

18  feet, legs, or any combination thereof, and includes

19  "punchkick" and other similar competitions.

20         (11)(10)  "Manager" means any person who, directly or

21  indirectly, controls or administers the boxing or kickboxing

22  affairs of any participant.

23         (12)(11)  "Match" means any contest or exhibition.

24         (13)(12)  "Matchmaker" means a person who brings

25  together professionals or arranges matches for professionals.

26         (14)(13)  "Physician" means an individual licensed to

27  practice medicine and surgery in this state.

28         (15)(14)  "Professional" means a person who has

29  received or competed for any purse or other article of a value

30  greater than $50, either for the expenses of training or for

31  participating in any match.


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  1         (16)(15)  "Promoter" means any person, and includes any

  2  officer, director, employee, or stockholder of a corporate

  3  promoter, who produces, arranges, or stages any match

  4  involving a professional.

  5         (17)(16)  "Purse" means the financial guarantee or

  6  other remuneration for which a professional is participating

  7  in a match and includes the professional's share of any

  8  payment received for radio broadcasting, television, and

  9  motion picture rights.

10         (18)  "Second" or "cornerman" means a person who

11  assists the fight participant between rounds and maintains the

12  corner of the participant during the match.

13         (19)(17)  "Secretary" means the Secretary of Business

14  and Professional Regulation.

15         Section 2.  Section 548.015, Florida Statutes, is

16  created to read:

17         548.015  Concessionaires; security.--The commission may

18  require that before any license is issued or renewed to a

19  concessionaire, or before the holding of a match, the

20  concessionaire must file a surety bond, a cash deposit, or

21  some other form of security with the commission in such

22  reasonable amount as the commission determines.

23         Section 3.  Subsections (1) and (2) of section 548.003,

24  Florida Statutes, are amended to read:

25         548.003  Florida State Boxing Commission; organization;

26  meetings; accountability of commission members; compensation

27  and travel expenses; association membership and

28  participation.--

29         (1)  The Florida State Boxing Commission is created and

30  is assigned to the Department of Business and Professional

31  Regulation for administrative and fiscal accountability


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  1  purposes only. The Florida State Boxing Commission shall

  2  consist of five members appointed by the Governor, subject to

  3  confirmation by the Senate. One member must be a physician

  4  licensed pursuant to chapter 458 or chapter 459, who must

  5  maintain an unencumbered license in good standing, and who

  6  must, at the time of her or his appointment, have practiced

  7  medicine for at least 5 years. Upon the expiration of the term

  8  of a commissioner, the Governor shall appoint a successor to

  9  serve for a 4-year term. A commissioner whose term has expired

10  shall continue to serve on the commission until such time as a

11  replacement is appointed.  If a vacancy on the commission

12  occurs prior to the expiration of the term, it shall be filled

13  for the unexpired portion of the term in the same manner as

14  the original appointment.

15         (2)  The Florida State Boxing Commission, as created by

16  subsection (1), shall administer the provisions of this

17  chapter. The commission has authority to adopt rules pursuant

18  to ss. 120.536(1) and 120.54 to implement the provisions of

19  this chapter and to implement each of the duties and

20  responsibilities conferred upon the commission, including, but

21  not limited to:

22         (a)  Development of an ethical code of conduct for

23  commissioners, commission staff, and commission officials;

24         (b)  Facility and safety requirements relating to the

25  ring, floor plan and apron seating, emergency medical

26  equipment and services, and other equipment and services

27  necessary for the conduct of a program of matches;

28         (c)  Requirements regarding a participant's apparel,

29  bandages, handwraps, gloves, mouthpiece, and appearance during

30  a match;

31  


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  1         (d)  Requirements relating to a manager's

  2  participation, presence, and conduct during a match;

  3         (e)  Duties and responsibilities of all licensees under

  4  this chapter;

  5         (f)  Procedures for hearings and resolution of

  6  disputes;

  7         (g)  Qualifications for appointment of referees and

  8  judges;

  9         (h)  Qualifications for and appointment of chief

10  inspectors and inspectors and duties and responsibilities of

11  chief inspectors and inspectors with respect to oversight and

12  coordination of activities for each program of matches

13  regulated under this chapter;

14         (i)  Designation and duties of a knockdown timekeeper;

15  and

16         (j)  Setting fee and reimbursement schedules for

17  referees and other officials appointed by the commission or

18  the representative of the commission.

19         Section 4.  The Florida State Boxing Commission shall

20  conduct a review and analysis of boxing competitions not now

21  regulated or sanctioned, and shall provide recommendations to

22  the department and the Legislature regarding any rules or

23  legislation necessary to achieve effective regulation.

24         Section 5.  Section 548.017, Florida Statutes, is

25  amended to read:

26         548.017  Boxers, managers, and other persons required

27  to have licenses.--

28         (1)  A professional participant, manager, trainer,

29  second, timekeeper, referee, judge, announcer, physician,

30  matchmaker, concessionaire or booking agent or representative

31  of a booking agent shall be licensed before directly or


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  1  indirectly acting in such capacity in connection with any

  2  match involving a professional. A physician must be licensed

  3  pursuant to chapter 458 or chapter 459, must maintain an

  4  unencumbered license in good standing, and must demonstrate

  5  satisfactory medical training or experience in boxing, or a

  6  combination of both, to the executive director prior to

  7  working as the ringside physician.

  8         (2)  A violation of this section is a misdemeanor of

  9  the second degree, punishable as provided in s. 775.082 or s.

10  775.083.

11         Section 6.  Section 548.021, Florida Statutes, is

12  amended to read:

13         548.021  Applications for licenses and permits.--

14         (1)  An application for a license or a permit must:

15         (a)(1)  Be in writing on a form supplied by the

16  commission which shall contain the applicant's social security

17  number.

18         (b)(2)  Be verified by the applicant.

19         (c)(3)  Be complete and have attached to the

20  application any photographs and other exhibits required.

21         (2)(4)  Pursuant to the federal Personal Responsibility

22  and Work Opportunity Reconciliation Act of 1996, each party is

23  required to provide his or her social security number in

24  accordance with this section.  Disclosure of social security

25  numbers obtained through this requirement shall be limited to

26  the purpose of administration of the Title IV-D program for

27  child support enforcement.

28         (3)  Any person who seeks to obtain a license by means

29  of knowingly false or fraudulent representations made in any

30  application or who otherwise knowingly makes false statements

31  concerning her or his medical history, boxing record, or other


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  1  personal information commits a misdemeanor of the second

  2  degree, punishable as provided in s. 775.082 or s. 775.083.

  3         Section 7.  Section 548.024, Florida Statutes, is

  4  created to read:

  5         548.024  Background investigation of applicants for

  6  licensure.--

  7         (1)  The commission is authorized to adopt rules

  8  pursuant to ss. 120.536(1) and 120.54 which provide for

  9  background investigations of applicants for licensure under

10  this chapter for the purpose of ensuring the accuracy of the

11  information provided in the application; ensuring that there

12  are no active or pending criminal or civil indictments against

13  the applicant; and ensuring satisfaction of all other

14  requirements of this chapter. The background investigation may

15  include, but is not limited to, the criminal and financial

16  history of the applicant.

17         (2)  If the commission requires a background criminal

18  history investigation of any applicant, it shall require the

19  applicant to submit to the department a fingerprint card for

20  this purpose. The fingerprint card shall be forwarded to the

21  Division of Criminal Justice Information Systems within the

22  Department of Law Enforcement and the Federal Bureau of

23  Investigation for purposes of processing the fingerprint card

24  to determine if the applicant has a criminal history record.

25  The information obtained by the processing of the fingerprint

26  card by the Department of Law Enforcement and the Federal

27  Bureau of Investigation shall be sent to the department for

28  the purpose of determining if the applicant is statutorily

29  qualified for licensure.

30         Section 8.  Section 548.028, Florida Statutes, is

31  amended to read:


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  1         548.028  Refusal to issue license.--The commission

  2  shall not issue a license to:

  3         (1)  Any person or business entity that who in any

  4  jurisdiction has been convicted of any act, or who has a

  5  trustee, partner, officer, director, or owner that has been

  6  convicted of any act, that which would constitute a violation

  7  of this chapter or which would constitute any of the grounds

  8  set forth in this chapter for suspension or revocation of a

  9  license or against whom such charges are pending before any

10  regulatory body; or

11         (2)  Any person or business entity that who has been

12  named in any an information or indictment, or who has a

13  trustee, partner, officer, director, or owner that has been

14  named in an information or indictment, for any act that which

15  would constitute a violation of this chapter or a ground for

16  suspension or revocation of a license.

17         Section 9.  Section 548.041, Florida Statutes, is

18  amended to read:

19         (Substantial rewording of section. See

20         s. 548.041, F.S., for present text.)

21         548.041  Age, condition, and suspension of boxers.--

22         (1)  A person shall not be licensed as a participant,

23  and the license of any participant shall be suspended or

24  revoked, if such person:

25         (a)  Is under the age of 18;

26         (b)  Has participated in a match in this state which

27  was not sanctioned by the commission or by a Native American

28  commission properly constituted under federal law; or

29         (c)  Does not meet certain health and medical

30  examination conditions as required by rule of the commission.

31  


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  1         (2)(a)  A participant losing by knockout as a result of

  2  being counted out in any jurisdiction shall be automatically

  3  suspended for a period of time as determined by the attending

  4  physician or commission representative, or 60 calendar days

  5  after the date of the knockout, whichever is longer.  A

  6  participant shall not engage in any match, contact exhibition,

  7  or contact sparring for training purposes during the

  8  suspension period. After the suspension period and before

  9  engaging in any match, contact exhibition, or contact sparring

10  for training purposes, the participant shall be examined by a

11  physician. The participant shall advise the physician of the

12  previous knockout or technical draw and shall provide medical

13  records or his or her permission for the physician to consult

14  with the physician who was the treating physician at the time

15  of the previous knockout or technical draw. The results of

16  this examination shall be filed with the commission before any

17  further matches are approved for the participant.

18         (b)  A participant losing by technical knockout,

19  technical draw, or disqualification shall be automatically

20  suspended for a period of time to be determined by the

21  physician or commission representative, or 30 calendar days

22  after the date of the technical knockout, technical draw, or

23  disqualification, whichever is longer. A participant shall not

24  engage in any match, contact exhibition, or contact sparring

25  for training purposes during the suspension period without the

26  approval of the physician. After the suspension period and

27  before engaging in any match, contact exhibition, or contact

28  sparring for training purposes, the participant shall be

29  examined by a physician. The participant shall advise the

30  physician of the previous knockout or technical draw and shall

31  provide medical records or his or her permission for the


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  1  physician to consult with the physician who was the treating

  2  physician at the time of the previous knockout or technical

  3  draw. The results of this examination shall be filed with the

  4  commission before any further matches are approved for the

  5  participant. In the case of a disqualification, the commission

  6  representative shall determine whether a medical clearance

  7  shall be required following suspension.

  8         (c)  Any participant who has been suspended by any

  9  state as a result of a recent knockout or series of

10  consecutive losses, an injury, requirement for a medical

11  procedure, physician denial of certification, failure of a

12  drug test, the use of aliases, or the falsifying or attempting

13  to falsify official identification cards or documents shall

14  not be permitted to participate in this state until such time

15  as the state in which the participant is suspended removes his

16  or her name from the suspension list or until the requirements

17  of such suspension have been fulfilled and proof of such has

18  been provided to this state. If a participant has been

19  suspended in another state for any reason other than those

20  stated in this paragraph, the participant may be permitted to

21  participate if the state in which the participant is suspended

22  is notified and consulted with by this state before the

23  granting of approval to participate or the participant appeals

24  to the Association of Boxing Commissions and the association

25  determines that the suspension of such participant was without

26  sufficient grounds, for an improper purpose, or not related to

27  the health and safety of the participant.

28         (d)  Any participant who fails to appear at a match or

29  fails to appear at a match at the designated time for which

30  the participant or the participant's manager has contracted

31  and does not provide a valid reason or, in the case of


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  1  physical disability, furnish a physician's certificate, shall

  2  be suspended for a period to be determined by the commission

  3  or shall be fined, or both, as determined by the commission.

  4         (e)  The license of any participant shall be revoked

  5  and shall not be reinstated if such participant intentionally

  6  strikes, strikes at, touches in any way, or threatens to touch

  7  in any way, any official.

  8         Section 10.  Subsection (4) is added to section

  9  548.043, Florida Statutes, to read:

10         548.043  Weights and classes, limitations; gloves.--

11         (4)  Participants in a match shall be weighed on the

12  same scale at a time and place to be determined by the

13  commission or a commission representative. The weigh-in shall

14  be conducted in the presence of the opponent of the

15  participant and a commission representative.  If a participant

16  fails to arrive at the weigh-in at the scheduled time and

17  place, the opponent of the late-arriving participant will be

18  permitted to be weighed without the late-arriving participant

19  present.  The participant who arrived at the weigh-in on time

20  shall not lose his right of observing the weighing in of his

21  opponent.  The weigh-in shall occur no sooner than 4:00 p.m.

22  on the day preceding the date of the program of matches or at

23  such other time as designated by the commission or commission

24  representative.

25         Section 11.  Section 548.046, Florida Statutes, is

26  amended to read:

27         548.046  Physician's attendance at match; examinations;

28  cancellation of match.--

29         (1)  The commission, or the commission representative,

30  shall assign to each match at least one a physician who shall

31  observe the physical condition of the participants and advise


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  1  the commissioner or commission representative deputy in charge

  2  and the referee of the participants' conditions before, and

  3  during, and after the match.  The commission shall establish a

  4  schedule of fees for the physician's services.  The

  5  physician's fee shall be paid by the promoter of the match

  6  attended by the physician. The physician shall be considered

  7  an agent of the commission in determining the state insurance

  8  coverage and sovereign immunity protection applicability of

  9  ss. 284.31 and 768.28.

10         (2)(a)  In addition to any other required examination,

11  each participant shall be examined by the attending physician

12  at the time of weigh-in.  If the physician determines that a

13  participant is physically or mentally unfit to proceed, the

14  physician shall notify any commissioner or the commission

15  representative who shall immediately cancel the match.  The

16  examination shall conform to rules adopted by the commission

17  based on the advice of the medical advisory council.  The

18  result of the examination shall be reported in a writing

19  signed by the physician and filed with the commission prior to

20  completion of the weigh-in.

21         (b)  The commission may require, by rule, each

22  participant to present to the commission representative at the

23  time of the weigh-in an original copy of blood test results

24  which demonstrate whether the participant is free from any

25  communicable disease.  If required by the commission and the

26  blood test results are not presented as required by commission

27  rule or reveal the participant has a communicable disease, the

28  commission representative shall immediately cancel the match.

29  The commission may adopt, by rule, protocols and procedures

30  for the blood tests and the cancellation of a match, a list of

31  communicable diseases covered by this paragraph, and a time


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  1  period within which the blood test must be taken prior to the

  2  match.

  3         (3)(a)  In a match that is a sanctioned championship

  4  title fight, or whenever the commission representative has

  5  reason to believe that a participant has ingested or used a

  6  prohibited drug or foreign substance, the commission

  7  representative shall request and the participant shall

  8  provide, under the supervision of the attending physician,

  9  commission representative, or inspector, a sample or samples

10  of his or her urine taken not less than 1 hour before the

11  commencement of the match or more than 1 hour after the

12  conclusion of the match. No participant shall use substances

13  or methods which could alter the integrity of the urine

14  sample. Urine samples shall be taken in accordance with the

15  protocol as agreed upon in writing between the commission and

16  the laboratory used for processing the urine samples.

17         (b)  The commission may require urine samples, as

18  provided in paragraph (a), to be done randomly. If one

19  participant in a match is tested randomly, the other

20  participant in the match shall be tested also.

21         (c)  Failure or refusal to provide a urine sample

22  immediately upon request shall result in the revocation of the

23  participant's license. Any participant who has been adjudged

24  the loser of a match and who subsequently refuses to or is

25  unable to provide a urine sample shall forfeit his or her

26  share of the purse to the commission. Any participant who is

27  adjudged the winner of a match and who subsequently refuses to

28  or is unable to provide a urine sample shall forfeit the win

29  and shall not be allowed to engage in any future match in

30  Florida. A no decision result shall be entered into the

31  official record as the result of the match. The purse shall be


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  1  redistributed as though the participant found to be in

  2  violation of this subsection had lost the match. If

  3  redistribution of the purse is not necessary or after

  4  redistribution of the purse is completed, the participant

  5  found to be in violation of this subsection shall forfeit his

  6  or her share of the purse to the commission.

  7         (4)  The attending physician or physicians shall

  8  provide medical assistance at the facility to the commission

  9  representative and medical advice to the referee during the

10  match and shall be accorded the cooperation of all commission

11  representatives and licensees present for the purpose of

12  performing his or her medical duties.  If, in the opinion of

13  the attending physician, the referee has received an injury

14  that prohibits the referee from continuing to officiate, the

15  physician shall notify the commission representative, who

16  shall temporarily halt the match.  The injured referee shall

17  be attended to by the physician until the referee is no longer

18  in danger or has been transferred to the care of another

19  qualified person. The commission representative shall then

20  direct that the match continue under the supervision of the

21  referee or under the supervision of another referee if the

22  referee is unable to continue.

23         Section 12.  Section 548.049, Florida Statutes, is

24  amended to read:

25         548.049  Medical, surgical, and hospital insurance;

26  life insurance.--

27         (1)  The commission shall, by rule, require

28  participants to be covered by not less than $20,000 $2,500 of

29  insurance for medical, surgical, and hospital care required as

30  a result of injuries sustained while engaged in matches.  The

31  insured shall be the beneficiary of such policies. Any


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  1  deductible associated with the insurance policy shall be paid

  2  by the promoter and shall not be paid by or charged to the

  3  participant.

  4         (2)  The commission may also require participants to be

  5  covered by not less than $20,000 $5,000 of life insurance

  6  covering deaths caused by injuries received while engaged in

  7  matches.

  8         Section 13.  Subsection (1) of section 548.05, Florida

  9  Statutes, is amended to read:

10         548.05  Control of contracts.--

11         (1)  The commission shall adopt rules governing the

12  form and content of contracts executed in this state between

13  managers between promoters, foreign copromoters, and

14  professionals.  All such contracts shall be in writing and

15  shall contain all provisions specifically worded as required

16  by rules of the commission. Contracts that do not contain all

17  provisions specifically worded as required by rules of the

18  commission shall be deemed to contain such provisions. A copy

19  of all such contracts must be filed with the commission within

20  7 days after execution.

21         Section 14.  Subsections (6) through (11) are added to

22  section 548.057, Florida Statutes, to read:

23         548.057  Attendance of referee and judges at match;

24  scoring; seconds.--

25         (6)  No judge licensed in this state shall act as a

26  judge at any match in a state, territory, commonwealth, or

27  Native American Reservation that is not regulated by a state

28  boxing commission unless the match is supervised by a state

29  boxing commission or a Native American commission properly

30  constituted under federal law.

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    CS for SB 1234                                 First Engrossed



  1         (7)  No judge shall also serve as a supervisor or on

  2  the ratings committee or recommend boxers to the ratings

  3  committee for a sanctioning body.

  4         (8)  Any person whose application for a judge's license

  5  has been denied shall not be permitted to reapply for a

  6  judge's license for a period of 6 months. Any person whose

  7  application for a judge's license has been denied on three

  8  occasions shall not be permitted to reapply.

  9         (9)  The number of judges shall be assigned in

10  accordance with rules of the commission.  The number of

11  unofficial judges at each event shall be limited to three by

12  the commission.

13         (10)  The judges shall be located in seats designated

14  for them by the commission representative.

15         (11)  If sufficient judges are not available, a referee

16  shall be selected to act as a judge for that specific program

17  of matches.

18         Section 15.  Present subsections (2) and (3) of section

19  548.06, Florida Statutes, are redesignated as subsections (5)

20  and (6), respectively, and new subsections (2), (3), and (4)

21  are added to that section, to read:

22         548.06  Payments to state; exemptions.--

23         (2)  Where the rights to telecast a match or matches

24  held in Florida to be viewed in Florida or outside of Florida

25  are in whole owned by, sold to, acquired by, or held by any

26  person who intends to or subsequently sells or, in some other

27  manner, extends such rights in part to another, such person is

28  deemed to be a promoter and must be licensed as such in this

29  state. Such person shall, within 72 hours after the match,

30  file with the commission a written report that includes the

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    CS for SB 1234                                 First Engrossed



  1  number of tickets sold, the amount of gross receipts, and any

  2  other facts the commission may require.

  3         (3)  A concessionaire shall, within 72 hours after the

  4  match, file with the commission a written report that includes

  5  the number of tickets sold, the amount of gross receipts, and

  6  any other facts the commission may require.

  7         (4)  Any written report required to be filed with the

  8  commission under this section shall be postmarked within 72

  9  hours after the conclusion of the match, and an additional 5

10  days shall be allowed for mailing.

11         Section 16.  Section 548.074, Florida Statutes, is

12  amended to read:

13         548.074  Power to administer oaths, take depositions,

14  and issue subpoenas.--For the purpose of any investigation or

15  proceeding conducted pursuant to this chapter, the department

16  shall have the power to administer oaths, take depositions,

17  make inspections when authorized by statute, issue subpoenas

18  which shall be supported by affidavit, serve subpoenas and

19  other process, and compel the attendance of witnesses and the

20  production of books, papers, documents, and other evidence.

21  The department shall exercise this power on its own initiative

22  or whenever requested by the commission. Challenges to, and

23  enforcement of, subpoenas and orders shall be handled as

24  provided in s. 120.569. In addition to the powers of subpoena

25  in chapter 120, each member of the commission may issue

26  subpoenas requiring the attendance and testimony of, or the

27  production of books and papers by, any person whom the

28  commission believes to have information or documents of

29  importance to any commission investigation.

30         Section 17.  Section 548.075, Florida Statutes, is

31  amended to read:


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    CS for SB 1234                                 First Engrossed



  1         548.075  Administrative fines; citations.--

  2         (1)  The commission may impose a fine of not more than

  3  $5,000 for any violation of this chapter in lieu of or in

  4  addition to any other punishment provided for such violation.

  5         (2)  The commission may adopt rules pursuant to ss.

  6  120.54 and 120.536(1) to permit the issuance of citations for

  7  any violation of this chapter in lieu of or in addition to any

  8  other punishment provided for such violation.

  9         Section 18.  Section 548.045, Florida Statutes, is

10  repealed.

11         Section 19.  This act shall take effect upon becoming a

12  law.

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