Florida Senate - 2014                                     SB 810
       
       
        
       By Senator Galvano
       
       
       
       
       
       26-00464C-14                                           2014810__
    1                        A bill to be entitled                      
    2         An act relating to pugilistic exhibitions; amending s.
    3         548.002, F.S.; revising definitions; amending s.
    4         548.004, F.S.; revising the duties and
    5         responsibilities of the executive director of the
    6         Florida State Boxing Commission; deleting a provision
    7         requiring the electronic recording of commission
    8         proceedings; amending s. 548.006, F.S.; providing the
    9         commission exclusive jurisdiction over approval of
   10         amateur mixed martial arts matches; amending s.
   11         548.007, F.S.; revising applicability of ch. 548,
   12         F.S.; repealing s. 548.015, F.S., relating to the
   13         authority of the commission to require a
   14         concessionaire to file a form of security with the
   15         commission; amending s. 548.017, F.S.; deleting a
   16         requirement for the licensure of concessionaires;
   17         amending s. 548.046, F.S.; providing for immediate
   18         license suspension and other disciplinary action if a
   19         participant fails or refuses to provide a urine sample
   20         or tests positive for specified prohibited substances;
   21         amending s. 548.054, F.S.; revising procedure and
   22         requirements for requesting a hearing following the
   23         withholding of a purse; amending s. 548.06, F.S.;
   24         specifying a circumstance under which a report is not
   25         required to be filed with the commission; revising the
   26         calculation of gross receipts that are required to be
   27         filed in a report to the commission; requiring
   28         promoters to retain specified documents and records;
   29         authorizing the commission and the Department of
   30         Business and Professional Regulation to audit
   31         specified records retained by a promoter; requiring
   32         the commission to adopt rules; amending s. 548.07,
   33         F.S.; revising the procedure for suspension of
   34         licensure; amending s. 548.073, F.S.; requiring that
   35         commission hearings be held in accordance with ch.
   36         120, F.S.; providing an appropriation; providing an
   37         effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 548.002, Florida Statutes, is amended to
   42  read:
   43         548.002 Definitions.—As used in this chapter, the term:
   44         (1) “Amateur” means a person who has never received nor
   45  competed for any purse or other article of value, either for the
   46  expenses of training or for participating in a match, other than
   47  a prize of $50 or less in value or less.
   48         (2) “Amateur sanctioning organization” means a any business
   49  entity organized for sanctioning and supervising matches
   50  involving amateurs.
   51         (3) “Boxing” means the act, activity, or sport of fighting
   52  by striking with fists covered with approved padded gloves in a
   53  roped square ring, subject to this chapter and any rules adopted
   54  pursuant thereto to compete with the fists.
   55         (4) “Commission” means the Florida State Boxing Commission.
   56         (5) “Concessionaire” means any person or business entity
   57  not licensed as a promoter which receives revenues or other
   58  compensation from the sale of tickets or from the sale of
   59  souvenirs, programs, broadcast rights, or any other concessions
   60  in conjunction with the promotion of a match.
   61         (5)(6) “Contest” means a boxing, kickboxing, or mixed
   62  martial arts engagement in which participants persons
   63  participating strive earnestly to win using, but not necessarily
   64  being limited to, strikes and blows to the head or other full
   65  contact maneuvers.
   66         (6)(7) “Department” means the Department of Business and
   67  Professional Regulation.
   68         (7)(8) “Event” means one or more matches comprising a show.
   69         (8)(9) “Exhibition” means a boxing, kickboxing, or mixed
   70  martial arts engagement in which participants persons
   71  participating show or display their skill without necessarily
   72  striving to win using, but not necessarily being limited to,
   73  strikes and blows to the head or other full-contact maneuvers.
   74         (9) “Face value” means the dollar value of a ticket equal
   75  to the dollar amount that a customer is required to pay or, for
   76  complimentary tickets, would have been required to pay to
   77  purchase a ticket with equivalent seating priority in order to
   78  view the event. If the ticket specifies the amount of admission
   79  charges attributable to state or federal taxes, such taxes are
   80  not included in the face value.
   81         (10) “Full contact” means the use of strikes and blows
   82  during a match which:
   83         (a) Are intended to break the plane of the receiving
   84  participant’s body;
   85         (b) Are delivered to the head, face, neck, or body of the
   86  receiving participant; and
   87         (c) Cause the receiving participant to move in response to
   88  the strike or blow.
   89         (10) “Foreign copromoter” means a promoter who has no place
   90  of business within this state.
   91         (11) “Judge” means a person licensed by the commission who
   92  evaluates and scores a match using a designated scoring system
   93  who has a vote in determining the winner of any contest.
   94         (12) “Kickboxing” means the act, activity, or sport of
   95  fighting by striking to compete with the fists, hands, feet,
   96  legs, or any combination thereof, in a roped square ring, and
   97  includes “punchkick” and other similar competitions. The term
   98  does not include any form of ground fighting techniques.
   99         (13) “Manager” means a any person who, directly or
  100  indirectly, controls or administers the boxing, kickboxing, or
  101  mixed martial arts affairs of a any participant.
  102         (14) “Match” means a any contest or exhibition.
  103         (15) “Matchmaker” means a person who brings together
  104  professionals or arranges matches for professionals.
  105         (16) “Mixed martial arts” means the act, activity, or sport
  106  of unarmed combat involving the use, subject to any applicable
  107  limitations set forth in this chapter, of a combination of
  108  techniques, including, but not limited to, grappling, kicking,
  109  and striking, and using techniques from different disciplines of
  110  the martial arts, including, but not limited to, boxing,
  111  kickboxing, Muay Thai, jujitsu, and wrestling, in either a roped
  112  square ring or a fenced-in fighting area grappling, kicking, and
  113  striking.
  114         (17) “Participant” means a person professional competing in
  115  a boxing, kickboxing, or mixed martial arts match.
  116         (18) “Physician” means a person who is approved by the
  117  commission and an individual licensed to practice medicine under
  118  chapter 458 or chapter 459 and whose license is unencumbered and
  119  in good standing to practice medicine and surgery in this state.
  120         (19) “Professional” means a person who has received or
  121  competed for a any purse or other article of a value greater
  122  than $50, either for the expenses of training or for
  123  participating in a any match.
  124         (20) “Promoter” means a any person or entity, including an
  125  and includes any officer, director, trustee, partner employee,
  126  or owner stockholder of a corporate promoter or promoter
  127  partnership, who produces, arranges, or stages a any match
  128  involving a professional.
  129         (21) “Purse” means the financial guarantee or other
  130  remuneration for which a professional is participating in a
  131  match and includes the professional’s share of any payment
  132  received for radio broadcasting and, television, including pay
  133  per-view or closed circuit and motion picture rights.
  134         (22) “Second” or “cornerman” means a person who assists a
  135  the match participant in preparing for a match and between
  136  rounds, and who maintains the corner of a the participant during
  137  a the match.
  138         (23) “Secretary” means the Secretary of Business and
  139  Professional Regulation.
  140         Section 2. Section 548.004, Florida Statutes, is amended to
  141  read:
  142         548.004 Executive director; duties, compensation,
  143  administrative support.—
  144         (1) The department shall employ an executive director with
  145  the approval of the commission. The executive director shall
  146  serve at the pleasure of the secretary. The executive director
  147  or his or her designee shall perform the duties specified by the
  148  commission, including conducting the functions of the commission
  149  office; appointing event and commission officials; approving
  150  licenses, permits, and matches; and performing any keep a record
  151  of all proceedings of the commission; shall preserve all books,
  152  papers, and documents pertaining to the business of the
  153  commission; shall prepare any notices and papers required; shall
  154  appoint judges, referees, and other officials as delegated by
  155  the commission and pursuant to this chapter and rules of the
  156  commission; and shall perform such other duties as the
  157  department or commission deems necessary directs. The executive
  158  director may issue subpoenas and administer oaths to witnesses
  159  and licensees only.
  160         (2) The commission shall require electronic recording of
  161  all scheduled proceedings of the commission.
  162         (2)(3) The department shall provide assistance in budget
  163  development and budget submission for state funding requests.
  164  The department shall submit an annual balanced legislative
  165  budget for the commission which is based upon anticipated
  166  revenue. The department shall provide technical assistance and
  167  administrative support, if requested or determined necessary
  168  needed, to the commission and its executive director on issues
  169  relating to personnel, contracting, property management, or
  170  other issues identified as important to performing the duties of
  171  this chapter and to protecting the interests of the state.
  172         Section 3. Section 548.006, Florida Statutes, is amended to
  173  read:
  174         548.006 Power of commission to control professional and
  175  amateur boxing, kickboxing, and mixed martial arts matches
  176  pugilistic contests and exhibitions; certification of
  177  competitiveness of professional mixed martial arts and
  178  kickboxing matches.—
  179         (1) The commission has exclusive jurisdiction over every
  180  match held within the state which involves a professional.
  181         (2) As to professional mixed martial arts and kickboxing,
  182  until a central repository of match records for each exists and
  183  is approved by the commission, the matchmaker shall certify as
  184  to the competitiveness of each match.
  185         (3) The commission has exclusive jurisdiction over
  186  approval, disapproval, suspension of approval, and revocation of
  187  approval of all amateur sanctioning organizations for amateur
  188  boxing, and kickboxing, and mixed martial arts matches held in
  189  this state.
  190         (4) Professional and amateur matches shall be held in
  191  accordance with this chapter and the rules adopted by the
  192  commission.
  193         Section 4. Section 548.007, Florida Statutes, is amended to
  194  read:
  195         548.007 Exemptions.—This chapter does Applicability of
  196  provisions to amateur matches and certain other matches or
  197  events.—Sections 548.001-548.079 do not apply to any of the
  198  following:
  199         (1) An amateur A match that does not allow full contact.
  200  conducted or sponsored by a bona fide nonprofit school or
  201  education program whose primary purpose is instruction in the
  202  martial arts, boxing, or kickboxing, if the match held in
  203  conjunction with the instruction is limited to amateur
  204  participants who are students of the school or instructional
  205  program;
  206         (2) A match conducted or sponsored by a any company or
  207  detachment of the Florida National Guard, if the match is
  208  limited to amateurs participants who are members of a the
  209  company or detachment of the Florida National Guard.; or
  210         (3) A match conducted or sponsored by the Fraternal Order
  211  of Police, if the match is limited to amateurs amateur
  212  participants and is held in conjunction with a charitable event.
  213         (4) A match conducted by or between public postsecondary
  214  educational institutions or public secondary schools, if the
  215  match is limited to amateurs who are members of a school
  216  sponsored club or team.
  217         (5) A match conducted by or between companies or
  218  detachments of a branch of the United States Armed Forces or
  219  National Guard, involving members thereof, if the match is
  220  limited to amateurs.
  221         (6) A match conducted by the International Olympic
  222  Committee, the International Paralympic Committee, the Special
  223  Olympics, or the Junior Olympics, if the match is limited to
  224  amateurs who are competing in or attempting to qualify for the
  225  Olympics, Paralympics, Special Olympics, or Junior Olympics.
  226         (7) A professional or amateur martial arts activity. As
  227  used in this subsection, the term “martial arts” means any one
  228  of the traditional forms of self-defense or unarmed combat
  229  involving the use of physical skill and coordination, including,
  230  but not limited to, karate, aikido, judo, and kung fu. The term
  231  does not include mixed martial arts.
  232         Section 5. Section 548.015, Florida Statutes, is repealed.
  233         Section 6. Subsection (1) of section 548.017, Florida
  234  Statutes, is amended to read:
  235         548.017 Participants, managers, and other persons required
  236  to have licenses.—
  237         (1) A participant, manager, trainer, second, timekeeper,
  238  referee, judge, announcer, physician, matchmaker,
  239  concessionaire, or promoter booking agent or representative of a
  240  promoter must booking agent shall be licensed before directly or
  241  indirectly acting in such capacity in connection with any match
  242  involving a participant. A physician approved by the commission
  243  must be licensed pursuant to chapter 458 or chapter 459, must
  244  maintain an unencumbered license in good standing, and must
  245  demonstrate satisfactory medical training or experience in
  246  boxing, or a combination of both, to the executive director
  247  before prior to working as the ringside physician.
  248         Section 7. Paragraph (c) of subsection (3) of section
  249  548.046, Florida Statutes, is amended, and paragraph (d) is
  250  added to that subsection, to read:
  251         548.046 Physician’s attendance at match; examinations;
  252  cancellation of match.—
  253         (3)
  254         (c) The license of a participant who fails or refuses
  255  Failure or refusal to provide a urine sample immediately upon
  256  request shall be immediately revoked, and such failure or
  257  refusal is grounds for additional disciplinary action result in
  258  the revocation of the participant’s license. A Any participant
  259  who has been adjudged the loser of a match and who subsequently
  260  refuses to or is unable to provide a urine sample is subject to
  261  disciplinary action pursuant to this chapter and any rules
  262  adopted pursuant thereto shall forfeit his or her share of the
  263  purse to the commission. A Any participant who is adjudged the
  264  winner of a match and who subsequently refuses to or is unable
  265  to provide a urine sample forfeits shall forfeit the win and
  266  shall not be allowed to engage in any future match in the state.
  267  The decision shall be changed to a no-decision result and shall
  268  be entered into the official record as the result of the match.
  269  The purse shall be redistributed as though the participant found
  270  to be in violation of this subsection had lost the match. If
  271  redistribution of the purse is not necessary or after
  272  redistribution of the purse is completed, the participant found
  273  to be in violation of this subsection shall forfeit his or her
  274  share of the purse to the commission.
  275         (d) The license of a participant who tests positive for a
  276  prohibited substance as specified under commission rule shall be
  277  immediately suspended, and the positive test result is grounds
  278  for additional disciplinary action.
  279         Section 8. Subsection (2) of section 548.054, Florida
  280  Statutes, is amended to read:
  281         548.054 Withholding of purses; hearing; disposition of
  282  withheld purse forfeiture.—
  283         (2) Any purse so withheld shall be delivered by the
  284  promoter to the commission upon demand. Within 10 days after the
  285  match, the person from whom the sum was withheld may submit a
  286  petition for a hearing to the commission apply in writing to the
  287  commission for a hearing. Upon receipt of the petition
  288  application, the commission may hold shall fix a date for a
  289  hearing pursuant to ss. 120.569 and 120.57. Within 10 days after
  290  the hearing or after 10 days following the match, If no petition
  291  application for a hearing is filed, the commission shall meet
  292  and determine the disposition to be made of the withheld purse.
  293  If the commission finds the charges sufficient, it may declare
  294  all or any part of the funds forfeited. If the commission finds
  295  the charges insufficient not sufficient upon which to base a
  296  withholding order, it shall immediately distribute the withheld
  297  funds to the appropriate persons entitled thereto.
  298         Section 9. Section 548.06, Florida Statutes, is amended to
  299  read:
  300         548.06 Payments to state; exemptions; audit of records.—
  301         (1) Unless the promoter pays the maximum tax amount
  302  specified under subsection (3), a promoter holding a match
  303  shall, within 72 hours after the match, file with the commission
  304  a written report that which includes the number of tickets sold,
  305  the amount of gross receipts, and any other facts the commission
  306  may require. For the purposes of this chapter, total gross
  307  receipts include each of the following:
  308         (a) The gross price charged for the sale or lease of
  309  broadcasting, television, and pay-per-view motion picture rights
  310  of any match occurring within the state without any deductions
  311  for commissions, brokerage fees, distribution fees, advertising,
  312  or other expenses or charges.;
  313         (b) The portion of the receipts from the sale of souvenirs,
  314  programs, and other concessions received by the promoter;
  315         (b)(c) The face value of all tickets sold and complimentary
  316  tickets issued, provided, or given. A promoter may not issue
  317  complimentary tickets for more than 5 percent of the seats in
  318  the house, equally distributed between or among the price
  319  categories for which complimentary tickets are issued, without
  320  the commission’s written authorization. The commission may not
  321  consider complimentary tickets that it authorizes under this
  322  section as part of the total gross receipts from admission
  323  fees.; and
  324         (c)(d) The face value of any seat or seating issued,
  325  provided, or given in exchange for advertising, sponsorships, or
  326  anything of value to the promotion of an event.
  327         (2) Where the rights to telecast a match or matches held in
  328  this state under the supervision of the Florida State Boxing
  329  Commission are in whole owned by, sold to, acquired by, or held
  330  by any person who intends to or subsequently sells or, in some
  331  other manner, extends such rights in part to another, such
  332  person is deemed to be a promoter and must be licensed as such
  333  in this state. Such person shall, within 72 hours after the
  334  sale, transfer, or extension of such rights in whole or in part,
  335  file with the commission a written report that includes the
  336  number of tickets sold, the amount of gross receipts, and any
  337  other facts the commission may require.
  338         (3) A concessionaire shall, within 72 hours after the
  339  match, file with the commission a written report that includes
  340  the number of tickets sold, the amount of gross receipts, and
  341  any other facts the commission may require.
  342         (2)(4)A Any written report required to be filed with the
  343  commission under this section must shall be postmarked within 72
  344  hours after the conclusion of the match, and an additional 5
  345  days is shall be allowed for mailing.
  346         (3)(5)Each the written report must shall be accompanied by
  347  a tax payment in the amount of 5 percent of the total gross
  348  receipts exclusive of any federal taxes, except that the tax
  349  payment derived from the gross price charged for the sale or
  350  lease of broadcasting, television, and pay-per-view motion
  351  picture rights of any match occurring within the state may shall
  352  not exceed $40,000 for a any single event.
  353         (4)(6)(a) A Any promoter who willfully makes a false and
  354  fraudulent report under this section commits is guilty of
  355  perjury and, upon conviction, is subject to punishment as
  356  provided by law. Such penalty is shall be in addition to any
  357  other penalties imposed under by this chapter.
  358         (b) A Any promoter who willfully fails, neglects, or
  359  refuses to make a report or to pay the taxes as prescribed or
  360  who refuses to allow the commission to examine the books,
  361  papers, and records of a any promotion commits is guilty of a
  362  misdemeanor of the second degree, punishable as provided in s.
  363  775.082 or s. 775.083.
  364         (5) A promoter shall retain a copy of the following records
  365  for 1 year and provide a copy of such records to the commission
  366  upon request:
  367         (a) Records necessary to support each report submitted to
  368  the commission, including a copy of any report filed with the
  369  commission.
  370         (b) A copy of each independently prepared ticket manifest.
  371         (6) Compliance with this section is subject to verification
  372  by department or commission audit. The commission may, upon
  373  reasonable notice to the promoter, audit a promoter’s books and
  374  records relating to the promoter’s operations under this
  375  chapter.
  376         (7) The commission shall adopt rules establishing a
  377  procedure for auditing a promoter’s records and resolving any
  378  inconsistencies revealed by an audit and shall adopt a rule
  379  imposing a late fee in the event of taxes owed.
  380         Section 10. Section 548.07, Florida Statutes, is amended to
  381  read:
  382         548.07 Suspension of license or permit by commissioner;
  383  hearing.—
  384         (1) The commission, the commissioner, a commission
  385  designee, or the executive director or his or her designee may
  386  issue an emergency suspension-of-license order to any person
  387  licensed under this chapter who poses an immediate, serious
  388  danger to the health, safety, and welfare of the participants in
  389  a match and the general public.
  390         (2) The department’s Office of General Counsel shall review
  391  the grounds for each emergency suspension order issued and, if
  392  sufficient, shall file an administrative complaint against the
  393  licensee within 21 days after the issuance of the emergency
  394  suspension order.
  395         (3) After service of the administrative complaint, pursuant
  396  to s. 455.275, the disciplinary process shall proceed pursuant
  397  to chapter 120. Notwithstanding any provision of chapter 120,
  398  any member of the commission may, upon her or his own motion or
  399  upon the verified written complaint of any person charging a
  400  licensee or permittee with violating this chapter, suspend any
  401  license or permit until final determination by the commission if
  402  such action is necessary to protect the public welfare and the
  403  best interests of the sport. The commission shall hold a hearing
  404  within 10 days after the date on which the license or permit is
  405  suspended.
  406         Section 11. Section 548.073, Florida Statutes, is amended
  407  to read:
  408         548.073 Commission hearings.—All hearings held under this
  409  chapter shall be held in accordance with chapter 120
  410  Notwithstanding the provisions of chapter 120, any member of the
  411  commission may conduct a hearing. Before any adjudication is
  412  rendered, a majority of the members of the commission shall
  413  examine the record and approve the adjudication and order.
  414         Section 12. The sum of $111,000 in recurring funds is
  415  appropriated from the General Revenue Fund to the Department of
  416  Business and Professional Regulation for the implementation of
  417  this act by the Florida State Boxing Commission during the 2014
  418  2015 fiscal year.
  419         Section 13. This act shall take effect July 1, 2014.