Senate Bill sb0538c1

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    Florida Senate - 2004                            CS for SB 538

    By the Committee on Regulated Industries; and Senator Lynn





    315-2147-04

  1                      A bill to be entitled

  2         An act relating to pugilistic contests and

  3         exhibitions; providing a short title; amending

  4         s. 548.002, F.S.; defining the term "amateur

  5         sanctioning organization"; revising certain

  6         definitions to apply them to both amateur and

  7         professional participants; amending s. 548.003,

  8         F.S.; providing the Florida State Boxing

  9         Commission the responsibility for, and the

10         authority to adopt rules relating to, the

11         approval of amateur sanctioning organizations

12         for amateur boxing and kickboxing matches held

13         in the state; authorizing the commission to

14         adopt by rule, or incorporate by reference into

15         rule, the health and safety standards of

16         certain specified boxing and kickboxing

17         organizations; requiring the commission to

18         review its rules at least every 2 years;

19         authorizing the commission to adopt emergency

20         rules; amending s. 548.006, F.S.; limiting

21         required certification of competitiveness of

22         mixed martial arts and kickboxing matches to

23         professional matches; expanding power of the

24         commission to control pugilistic contests and

25         exhibitions to include exclusive jurisdiction

26         over the approval of amateur sanctioning

27         organizations for amateur boxing and kickboxing

28         matches; specifying requirements for the

29         holding of professional and amateur matches;

30         creating s. 548.0065, F.S.; prohibiting certain

31         amateur matches except under certain

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    Florida Senate - 2004                            CS for SB 538
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 1         circumstances; prohibiting approval of amateur

 2         sanctioning organizations not meeting and

 3         enforcing certain health and safety standards

 4         and not meeting certain other background,

 5         training, and experience requirements;

 6         providing for periodic checks for compliance

 7         with enforcement and supervision requirements;

 8         providing procedures for suspending the

 9         approval of an amateur sanctioning organization

10         that fails to comply with the health and safety

11         standards required by ch. 548, F.S.; providing

12         that a member of the commission or a

13         representative of the commission may

14         immediately suspend a match that appears to

15         violate health and safety standards;

16         authorizing a law enforcement officer to assist

17         in enforcing a suspension order; requiring

18         biennial or sooner, if necessary, sanctioning

19         review; providing for continuation, suspension,

20         or revocation of sanctioning approval pursuant

21         to such review; amending s. 548.008, F.S.;

22         prohibiting the holding of certain amateur

23         matches not sanctioned and supervised by an

24         amateur sanctioning organization approved by

25         the commission; prohibiting the holding of

26         amateur mixed martial arts matches; prohibiting

27         the holding of professional matches not meeting

28         the requirements of ch. 548, F.S., and rules

29         adopted by the commission; providing penalties

30         for participating in or holding, promoting, or

31         sponsoring a prohibited match; deleting

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    Florida Senate - 2004                            CS for SB 538
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 1         provisions relating to professional or amateur

 2         toughman or badman competitions; amending s.

 3         548.007, F.S.; providing for the applicability

 4         of ch. 548, F.S., to amateur matches and

 5         certain other matches or events; amending s.

 6         548.056, F.S.; deleting a promoter from a list

 7         of persons who are prohibited from having a

 8         financial interest in a participant; providing

 9         an effective date.

10  

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

12  

13         Section 1.  This act may be cited as the "Stacy Young

14  Act."

15         Section 2.  Section 548.002, Florida Statutes, is

16  amended to read:

17         548.002  Definitions.--As used in this chapter act, the

18  term:

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

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

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

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

23         (2)  "Amateur sanctioning organization" means any

24  business entity organized for sanctioning and supervising

25  matches involving amateurs.

26         (3)(2)  "Boxing" means to compete with the fists.

27         (4)(3)  "Commission" means the Florida State Boxing

28  Commission.

29         (5)(4)  "Concessionaire" means any person or business

30  entity not licensed as a promoter which receives revenues or

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

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    Florida Senate - 2004                            CS for SB 538
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 1  of souvenirs, programs, broadcast rights, or any other

 2  concessions in conjunction with the promotion of a match.

 3         (6)(5)  "Contest" means a boxing, kickboxing, or mixed

 4  martial arts engagement in which persons participating the

 5  participants strive earnestly to win using, but not

 6  necessarily being limited to, strikes and blows to the head.

 7         (7)(6)  "Department" means the Department of Business

 8  and Professional Regulation.

 9         (8)(7)  "Exhibition" means a boxing, kickboxing, or

10  mixed martial arts engagement in which persons participating

11  the participants show or display their skill without

12  necessarily striving to win using, but not necessarily being

13  limited to, strikes and blows to the head.

14         (9)(8)  "Foreign copromoter" means a promoter who has

15  no place of business within this state.

16         (10)(9)  "Judge" means a person who has a vote in

17  determining the winner of any contest.

18         (11)(10)  "Kickboxing" means to compete with the fists,

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

20  "punchkick" and other similar competitions.

21         (12)(11)  "Manager" means any person who, directly or

22  indirectly, controls or administers the boxing, kickboxing, or

23  mixed martial arts affairs of any participant.

24         (13)(12)  "Match" means any contest or exhibition.

25         (14)(13)  "Matchmaker" means a person who brings

26  together professionals or arranges matches for professionals.

27         (15)(14)  "Mixed martial arts" means unarmed combat

28  involving the use, subject to any applicable limitations set

29  forth in this chapter, of a combination of techniques from

30  different disciplines of the martial arts, including, but not

31  limited to, grappling, kicking, and striking.

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 1         (16)(15)  "Participant" means a professional competing

 2  in a boxing, kickboxing, or mixed martial arts match.

 3         (17)(16)  "Physician" means an individual licensed to

 4  practice medicine and surgery in this state.

 5         (18)(17)  "Professional" means a person who has

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

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

 8  participating in any match.

 9         (19)(18)  "Promoter" means any person, and includes any

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

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

12  involving a professional.

13         (20)(19)  "Purse" means the financial guarantee or

14  other remuneration for which a professional is participating

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

16  payment received for radio broadcasting, television, and

17  motion picture rights.

18         (21)(20)  "Second" or "cornerman" means a person who

19  assists the match participant between rounds and maintains the

20  corner of the participant during the match.

21         (22)(21)  "Secretary" means the Secretary of Business

22  and Professional Regulation.

23         Section 3.  Subsection (2) of section 548.003, Florida

24  Statutes, is amended to read:

25         548.003  Florida State Boxing Commission.--

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

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

28  chapter. The commission has authority to adopt rules pursuant

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

30  this chapter and to implement each of the duties and

31  

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 1  responsibilities conferred upon the commission, including, but

 2  not limited to:

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

 4  commissioners, commission staff, and commission officials.;

 5         (b)  Facility and safety requirements relating to the

 6  ring, floor plan and apron seating, emergency medical

 7  equipment and services, and other equipment and services

 8  necessary for the conduct of a program of matches.;

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

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

11  a match.;

12         (d)  Requirements relating to a manager's

13  participation, presence, and conduct during a match.;

14         (e)  Duties and responsibilities of all licensees under

15  this chapter.;

16         (f)  Procedures for hearings and resolution of

17  disputes.;

18         (g)  Qualifications for appointment of referees and

19  judges.;

20         (h)  Qualifications for and appointment of chief

21  inspectors and inspectors and duties and responsibilities of

22  chief inspectors and inspectors with respect to oversight and

23  coordination of activities for each program of matches

24  regulated under this chapter.;

25         (i)  Designation and duties of a knockdown timekeeper.;

26  and

27         (j)  Setting fee and reimbursement schedules for

28  referees and other officials appointed by the commission or

29  the representative of the commission.

30         (k)  Establishment of criteria for approval,

31  disapproval, suspension of approval, and revocation of

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    Florida Senate - 2004                            CS for SB 538
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 1  approval of amateur sanctioning organizations for amateur

 2  boxing and kickboxing matches held in this state, including,

 3  but not limited to, the health and safety standards the

 4  organizations use before, during, and after the matches to

 5  ensure the health, safety, and well-being of the amateurs

 6  participating in the matches, including the qualifications and

 7  numbers of health care personnel required to be present, the

 8  qualifications required for referees, and other requirements

 9  relating to the health, safety, and well-being of the amateurs

10  participating in the matches. The commission may adopt by

11  rule, or incorporate by reference into rule, the health and

12  safety standards of USA Boxing as the minimum health and

13  safety standards for an amateur boxing sanctioning

14  organization, and the health and safety standards of the

15  International Sport Kickboxing Association as the minimum

16  health and safety standards for an amateur kickboxing

17  sanctioning organization. The commission shall review its

18  rules for necessary revision at least every 2 years and may

19  adopt by rule, or incorporate by reference into rule, the

20  then-existing current health and safety standards of USA

21  Boxing and the International Sport Kickboxing Association. The

22  commission may adopt emergency rules to administer this

23  paragraph.

24         Section 4.  Section 548.006, Florida Statutes, is

25  amended to read:

26         548.006  Power of commission to control professional

27  and amateur pugilistic contests and exhibitions; certification

28  of competitiveness of professional mixed martial arts and

29  kickboxing matches.--

30  

31  

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 1         (1)  The commission has exclusive jurisdiction over

 2  every match held within the state which involves a

 3  professional.

 4         (2)  As to professional mixed martial arts and

 5  kickboxing, until a central repository of match records for

 6  each exists and is approved by the commission, the matchmaker

 7  shall certify as to the competitiveness of each match.

 8         (3)  The commission has exclusive jurisdiction over

 9  approval, disapproval, suspension of approval, and revocation

10  of approval of all amateur sanctioning organizations for

11  amateur boxing and kickboxing matches held in this state.

12         (4)(3)  Professional and amateur matches shall be held

13  in accordance with this chapter and the rules adopted by the

14  commission.

15         Section 5.  Section 548.0065, Florida Statutes, is

16  created to read:

17         548.0065  Amateur matches; sanctioning and supervision;

18  health and safety standards; compliance checks; continuation,

19  suspension, and revocation of sanctioning approval.--

20         (1)  No match involving amateurs which utilizes, but is

21  not necessarily limited to, strikes or blows to the head may

22  be held in this state unless it is sanctioned and supervised

23  by an amateur sanctioning organization approved by the

24  commission. An approved amateur sanctioning organization may

25  only sanction and supervise the contests or exhibitions in the

26  particular sport or sports for which it has expertise and for

27  which it is approved by the commission.

28         (2)  The commission may not approve any amateur

29  sanctioning organization unless it has adopted and agreed to

30  enforce a defined set of standards that applies to all matches

31  which will adequately protect the health and safety of the

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    Florida Senate - 2004                            CS for SB 538
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 1  amateurs participating in the matches and the public and can

 2  adequately demonstrate to the satisfaction of the commission

 3  that the principals of the organization have sufficient

 4  background, training, and experience in sanctioning and

 5  supervising matches for which the organization is approved.

 6         (3)  Periodic compliance checks may be performed by a

 7  representative of the commission designated by the executive

 8  director in order to ensure enforcement of approved health and

 9  safety standards and supervision of matches by the approved

10  amateur sanctioning organization.

11         (4)  Any member of the commission or the executive

12  director of the commission may suspend the approval of an

13  amateur sanctioning organization for failure to supervise

14  amateur matches or to enforce the approved health and safety

15  standards required under this chapter, provided that the

16  suspension complies with the procedures for summary

17  suspensions in s. 120.60(6). At any amateur boxing or

18  kickboxing contest, any member of the commission or a

19  representative of the commission may immediately suspend one

20  or more matches in an event whenever it appears that the match

21  or matches violate the health and safety standards established

22  by rule as required by this chapter. A law enforcement officer

23  may assist any member of the commission or a representative of

24  the commission to enforce an order to stop a contest if called

25  upon to do so by a member of the commission or a

26  representative of the commission.

27         (5)  The commission shall review its approval of the

28  amateur sanctioning organization at least biennially, or

29  sooner if determined necessary based upon the periodic

30  compliance checks or complaints to the commission, to

31  determine continuation of approval. The commission may

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    Florida Senate - 2004                            CS for SB 538
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 1  continue approval or may suspend or revoke approval based upon

 2  compliance of the organization with the approved sanctioning

 3  standards and its ability to supervise matches in the state.

 4         Section 6.  Section 548.008, Florida Statutes, is

 5  amended to read:

 6         548.008  Toughman and badman competition Prohibited

 7  competitions.--

 8         (1)  No match involving amateurs which utilizes, but is

 9  not necessarily limited to, strikes or blows to the head may

10  be held in this state unless it is sanctioned and supervised

11  by an amateur sanctioning organization approved by the

12  commission as required by this chapter.

13         (2)  No amateur mixed martial arts match may be held in

14  this state.

15         (3)  No professional match may be held in this state

16  unless it meets the requirements for holding the match as

17  provided in this chapter and the rules adopted by the

18  commission.

19         (1)  No professional or amateur toughman or badman

20  match, as described in this section, may be held in this

21  state. Such competition includes any contest or exhibition

22  where participants compete by using a combination of skills.

23  Such skills may include, but are not limited to, boxing,

24  wrestling, kicking, or martial arts skills. Notwithstanding

25  the above, this section shall not preclude kickboxing or mixed

26  martial arts as regulated by this chapter.

27         (4)(a)(2)  Any person participating in a match

28  prohibited under this section, knowing the match to be

29  prohibited, commits or promoting a professional or amateur

30  toughman or badman match is guilty of a misdemeanor of the

31  

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 1  second degree, punishable as provided in s. 775.082 or s.

 2  775.083.

 3         (b)  Any person holding, promoting, or sponsoring a

 4  match prohibited under this section commits a felony of the

 5  third degree, punishable as provided in s. 775.082, s.

 6  775.083, or s. 775.084.

 7         Section 7.  Section 548.007, Florida Statutes, is

 8  amended to read:

 9         (Substantial rewording of section. See

10         s. 548.007, F.S., for present text.)

11         548.007  Applicability of act to amateur matches and

12  certain other matches or events.--With the exception of s.

13  548.008, ss. 548.001-548.079 do not apply to:

14         (1)  A match conducted or sponsored by a bona fide

15  nonprofit school or education program whose primary purpose is

16  instruction in the martial arts, boxing, or kickboxing, if the

17  match held in conjunction with the instruction is limited to

18  amateur participants who are students of the school or

19  instructional program; or

20         (2)  A match conducted or sponsored by any company or

21  detachment of the Florida National Guard, if the match is

22  limited to participants who are members of the company or

23  detachment of the Florida National Guard.

24         Section 8.  Subsection (1) of section 548.056, Florida

25  Statutes, is amended to read:

26         548.056  Prohibited financial interests in participant;

27  penalties.--

28         (1)  A member of the commission; an employee of the

29  commission; a referee or, judge, or promoter licensed by the

30  commission; or an attending physician may not have any direct

31  

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    Florida Senate - 2004                            CS for SB 538
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 1  or indirect financial or pecuniary interest in any

 2  participant.

 3         Section 9.  This act shall take effect upon becoming a

 4  law.

 5  

 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                         Senate Bill 538

 8                                 

 9  The committee substitute amends s. 548.003(2)(k), F.S., to
    allow the boxing commission to adopt by rule the health and
10  safety standards of USA Boxing and the International Sport
    Kickboxing Association.  The committee substitute deletes s.
11  548.0065(2), F.S., which required that the commission health
    and safety standards for boxing and kickboxing must not be
12  less stringent than the health and safety standards of USA
    Boxing and the International Sport Kickboxing Association.  It
13  amends s. 548.0065(5), F.S., to authorize any member of the
    commission or commission representative to immediately stop a
14  boxing or kickboxing contest if the match appears to violate
    the health and safety standards required by rule, to authorize
15  law enforcement personnel to assist to enforce the order to
    stop the contest, and to provide procedures for suspending the
16  approval of a sanctioning organization.  It amends s. 548.07,
    F.S., to exempt certain matches conducted or sponsored by a
17  bona fide nonprofit school or eduction program, and matches
    conducted by any company or detachment of the Florida National
18  Guard.  It amends s. 548.56, F.S., to delete promoters from
    the list of persons restricted from having a financial
19  interest in a match participant.

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