Senate Bill sb1234e1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
1
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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.;
2
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
3
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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.
4
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
5
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
6
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
7
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
8
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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:
9
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
10
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
11
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
12
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
13
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
14
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
15
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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
16
CODING: Words stricken are deletions; words underlined are additions.
CS for SB 1234 First Engrossed
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.
31
17
CODING: Words stricken are deletions; words underlined are additions.
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
31
18
CODING: Words stricken are deletions; words underlined are additions.
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:
19
CODING: Words stricken are deletions; words underlined are additions.
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.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
20
CODING: Words stricken are deletions; words underlined are additions.