Florida Senate - 2014                              CS for SB 810
       
       
        
       By the Committee on Regulated Industries; and Senator Galvano
       
       
       
       
       
       580-02556A-14                                          2014810c1
    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.; clarifying the
    9         commission’s exclusive jurisdiction over approval of
   10         amateur and professional boxing, kickboxing, and mixed
   11         martial arts matches; amending s. 548.007, F.S.;
   12         revising applicability of ch. 548, F.S.; repealing s.
   13         548.013, F.S.; relating to foreign copromoter license
   14         requirement; amending s. 548.014, F.S.; deleting
   15         references to foreign copromoters; repealing s.
   16         548.015, F.S., relating to the authority of the
   17         commission to require a concessionaire to file a form
   18         of security with the commission; amending s. 548.017,
   19         F.S.; deleting a requirement for the licensure of
   20         concessionaires; amending s. 548.046, F.S.; providing
   21         for immediate license suspension and other
   22         disciplinary action if a participant fails or refuses
   23         to provide a urine sample or tests positive for
   24         specified prohibited substances; amending s. 548.052,
   25         F.S.; deleting a reference to foreign copromoters;
   26         amending s. 548.054, F.S.; revising procedures and
   27         requirements for requesting a hearing following the
   28         withholding of a purse; amending s. 548.06, F.S.;
   29         specifying a circumstance under which a report is not
   30         required to be filed with the commission; revising the
   31         calculation of gross receipts that are required to be
   32         filed in a report to the commission; requiring
   33         promoters to retain specified documents and records;
   34         authorizing the commission and the Department of
   35         Business and Professional Regulation to audit
   36         specified records retained by a promoter; requiring
   37         the commission to adopt rules; amending s. 548.07,
   38         F.S.; revising the procedure for suspension of
   39         licensure; amending s. 548.073, F.S.; requiring that
   40         commission hearings be held in accordance with ch.
   41         120, F.S.; providing an appropriation; providing an
   42         effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Section 548.002, Florida Statutes, is amended to
   47  read:
   48         548.002 Definitions.—As used in this chapter, the term:
   49         (1) “Amateur” means a person who has never received nor
   50  competed for any purse or other article of value, either for the
   51  expenses of training or for participating in a match, other than
   52  a prize of $50 or less in value or less.
   53         (2) “Amateur sanctioning organization” means a any business
   54  entity organized for sanctioning and supervising matches
   55  involving amateurs.
   56         (3) “Boxing” means the unarmed combat sport of fighting by
   57  striking with fists to compete with the fists.
   58         (4) “Commission” means the Florida State Boxing Commission.
   59         (5) “Concessionaire” means any person or business entity
   60  not licensed as a promoter which receives revenues or other
   61  compensation from the sale of tickets or from the sale of
   62  souvenirs, programs, broadcast rights, or any other concessions
   63  in conjunction with the promotion of a match.
   64         (5)(6) “Contest” means a boxing, kickboxing, or mixed
   65  martial arts engagement in which persons participating strive
   66  earnestly to win using, but not necessarily being limited to,
   67  strikes and blows to the head or other full-contact maneuvers.
   68         (6)(7) “Department” means the Department of Business and
   69  Professional Regulation.
   70         (7)(8) “Event” means one or more matches comprising a show.
   71         (8)(9) “Exhibition” means a boxing, kickboxing, or mixed
   72  martial arts engagement in which persons participating show or
   73  display their skill without necessarily striving to win using,
   74  but not necessarily being limited to, strikes and blows to the
   75  head or other full-contact maneuvers.
   76         (9) “Face value” means the dollar value of a ticket equal
   77  to the dollar amount that a customer is required to pay or, for
   78  complimentary tickets, would have been required to pay to
   79  purchase a ticket with equivalent seating priority in order to
   80  view the event. If the ticket specifies the amount of admission
   81  charges attributable to state or federal taxes, such taxes are
   82  not included in the face value.
   83         (10) “Full contact” means the use of strikes and blows
   84  during a match which:
   85         (a) Are intended to break the plane of the receiving
   86  participant or amateur’s body;
   87         (b) Are delivered to the head, face, neck, or body of the
   88  receiving participant or amateur; and
   89         (c) Cause the receiving participant or amateur to move in
   90  response to the strike or blow.
   91         (10) “Foreign copromoter” means a promoter who has no place
   92  of business within this state.
   93         (11) “Judge” means a person licensed by the commission who
   94  evaluates and scores a match using a designated scoring system
   95  who has a vote in determining the winner of any contest.
   96         (12) “Kickboxing” means the unarmed combat sport of
   97  fighting by striking to compete with the fists, hands, feet,
   98  legs, or any combination thereof, and includes “punchkick” and
   99  other similar competitions. The term does not include any form
  100  of ground fighting techniques.
  101         (13) “Manager” means a any person who, directly or
  102  indirectly, controls or administers the boxing, kickboxing, or
  103  mixed martial arts affairs of a any participant.
  104         (14) “Match” means a any contest or exhibition.
  105         (15) “Matchmaker” means a person who brings together
  106  professionals or arranges matches for professionals.
  107         (16) “Mixed martial arts” means the unarmed combat sport
  108  involving the use, subject to any applicable limitations set
  109  forth in this chapter, of a combination of techniques,
  110  including, but not limited to, grappling, kicking, striking, and
  111  using techniques from different disciplines of the martial arts,
  112  including, but not limited to, boxing, kickboxing, Muay Thai,
  113  jujitsu, and wrestling grappling, kicking, and striking.
  114         (17) “Participant” means a professional competing in a
  115  boxing, kickboxing, or mixed martial arts match.
  116         (18) “Physician” means a person who is approved by the
  117  commission, who is an individual licensed to practice medicine
  118  under chapter 458 or chapter 459, and whose license is
  119  unencumbered and in good standing to practice medicine and
  120  surgery in this state.
  121         (19) “Professional” means a person who has received or
  122  competed for a any purse or other article of a value greater
  123  than $50, either for the expenses of training or for
  124  participating in a any match.
  125         (20) “Promoter” means a any person or entity, including an
  126  and includes any officer, director, trustee, partner employee,
  127  or owner stockholder of a corporate promoter or promoter
  128  partnership, who produces, arranges, or stages a any match
  129  involving a professional.
  130         (21) “Purse” means the financial guarantee or other
  131  remuneration for which a professional is participating in a
  132  match and includes the professional’s share of any payment
  133  received for radio broadcasting and, television, including pay
  134  per-view or closed circuit and motion picture rights.
  135         (22) “Second” or “cornerman” means a person who assists a
  136  the match participant in preparing for a match and between
  137  rounds, and who maintains the corner of a the participant during
  138  a the match.
  139         (23) “Secretary” means the Secretary of Business and
  140  Professional Regulation.
  141         (24) “Unarmed combat” means a form of competition in which
  142  a strike or blow is struck which may reasonably be expected to
  143  inflict injury.
  144         Section 2. Section 548.004, Florida Statutes, is amended to
  145  read:
  146         548.004 Executive director; duties, compensation,
  147  administrative support.—
  148         (1) The department shall employ an executive director with
  149  the approval of the commission. The executive director shall
  150  serve at the pleasure of the secretary. The executive director
  151  or his or her designee shall perform the duties specified by the
  152  commission, including conducting the functions of the commission
  153  office; appointing event and commission officials; approving
  154  licenses, permits, and matches; and performing any keep a record
  155  of all proceedings of the commission; shall preserve all books,
  156  papers, and documents pertaining to the business of the
  157  commission; shall prepare any notices and papers required; shall
  158  appoint judges, referees, and other officials as delegated by
  159  the commission and pursuant to this chapter and rules of the
  160  commission; and shall perform such other duties as the
  161  department or commission deems necessary to fulfill the duties
  162  of the position directs. The executive director may issue
  163  subpoenas and administer oaths to witnesses, permitholders,
  164  record custodians, and licensees.
  165         (2) The commission shall require electronic recording of
  166  all scheduled proceedings of the commission.
  167         (2)(3) The department shall provide assistance in budget
  168  development and budget submission for state funding requests.
  169  The department shall submit an annual balanced legislative
  170  budget for the commission which is based upon anticipated
  171  revenue. The department shall provide technical assistance and
  172  administrative support, if requested or determined necessary
  173  needed, to the commission and its executive director on issues
  174  relating to personnel, contracting, property management, or
  175  other issues identified as important to performing the duties of
  176  this chapter and to protecting the interests of the state.
  177         Section 3. Section 548.006, Florida Statutes, is amended to
  178  read:
  179         548.006 Power of commission to control professional and
  180  amateur boxing, kickboxing, and mixed martial arts matches
  181  pugilistic contests and exhibitions; certification of
  182  competitiveness of professional mixed martial arts and
  183  kickboxing matches.—
  184         (1) The commission has exclusive jurisdiction over every
  185  boxing, kickboxing, and mixed martial arts match held within the
  186  state which involves a professional.
  187         (2) As to professional mixed martial arts and kickboxing,
  188  until a central repository of match records for each exists and
  189  is approved by the commission, the matchmaker shall certify as
  190  to the competitiveness of each match.
  191         (3) The commission has exclusive jurisdiction over
  192  approval, disapproval, suspension of approval, and revocation of
  193  approval of all amateur sanctioning organizations for amateur
  194  boxing, and kickboxing, and mixed martial arts matches held in
  195  this state.
  196         (4) Professional and amateur matches shall be held in
  197  accordance with this chapter and the rules adopted by the
  198  commission.
  199         Section 4. Section 548.007, Florida Statutes, is amended to
  200  read:
  201         548.007 Exemptions.—This chapter does Applicability of
  202  provisions to amateur matches and certain other matches or
  203  events.—Sections 548.001-548.079 do not apply to any of the
  204  following:
  205         (1) A match that does not allow full contact conducted or
  206  sponsored by a bona fide nonprofit school or education program
  207  whose primary purpose is instruction in the martial arts,
  208  boxing, or kickboxing, if the match held in conjunction with the
  209  instruction is limited to amateur participants. who are students
  210  of the school or instructional program;
  211         (2) A match conducted or sponsored by a any company or
  212  detachment of the Florida National Guard or the United States
  213  Armed Forces, if the match is limited to amateurs participants
  214  who are members of a the company or detachment of the Florida
  215  National Guard or United States Armed Forces.; or
  216         (3) A match conducted or sponsored by the Fraternal Order
  217  of Police, if the match is limited to amateurs amateur
  218  participants and is held in conjunction with a charitable event.
  219         (4) A match conducted by or between public postsecondary
  220  educational institutions or public K-12 schools, as defined in
  221  s. 1000.04, if the match is limited to amateurs who are members
  222  of a school-sponsored club or team.
  223         (5) A match conducted by the International Olympic
  224  Committee, the International Paralympic Committee, the Special
  225  Olympics, or the Junior Olympics, if the match is limited to
  226  amateurs who are competing in or attempting to qualify for the
  227  Olympics, Paralympics, Special Olympics, or Junior Olympics.
  228         (6) A professional or amateur martial arts activity. As
  229  used in this subsection, the term “martial arts” means one of
  230  the traditional forms of self-defense or unarmed combat
  231  involving the use of physical skill and coordination, including,
  232  but not limited to, karate, aikido, judo, and kung fu. The term
  233  does not include mixed martial arts.
  234         Section 5. Section 548.013, Florida Statutes, is repealed.
  235         Section 6. Subsections (1) and (2) of section 548.014,
  236  Florida Statutes, are amended to read:
  237         548.014 Promoters and foreign copromoters; bonds or other
  238  security.—
  239         (1)(a) Before any license is issued or renewed to a
  240  promoter or foreign copromoter and before any permit is issued
  241  to a promoter or foreign copromoter, she or he must file a
  242  surety bond with the commission in such reasonable amount, but
  243  not less than $15,000, as the commission determines.
  244         (b) All bonds must be upon forms approved and supplied by
  245  the commission.
  246         (c) The sufficiency of any surety is subject to approval of
  247  the commission.
  248         (d) The surety bond must be conditioned upon the faithful
  249  performance by the promoter or foreign copromoter of her or his
  250  obligations under this chapter and upon the fulfillment of her
  251  or his contracts with any other licensees under this chapter.
  252  However, the aggregate annual liability of the surety for all
  253  obligations and fees may not exceed the amount of the bond.
  254         (2) In lieu of a surety bond, the promoter or foreign
  255  copromoter may deposit with the commission cash or a certified
  256  check, in an equivalent amount and subject to the same
  257  conditions as the bond. Such security may not be returned to the
  258  promoter until 1 year after the date on which it was deposited
  259  with the commission unless a surety bond is substituted for it.
  260  If no claim against the deposit is outstanding, it shall be
  261  returned to the depositor 1 year after the date it was
  262  deposited.
  263         Section 7. Section 548.015, Florida Statutes, is repealed.
  264         Section 8. Subsection (1) of section 548.017, Florida
  265  Statutes, is amended to read:
  266         548.017 Participants, managers, and other persons required
  267  to have licenses.—
  268         (1) A participant, manager, trainer, second, timekeeper,
  269  referee, judge, announcer, physician, matchmaker,
  270  concessionaire, or promoter must booking agent or representative
  271  of a booking agent shall be licensed before directly or
  272  indirectly acting in such capacity in connection with any match
  273  involving a participant. A physician approved by the commission
  274  must be licensed pursuant to chapter 458 or chapter 459, must
  275  maintain an unencumbered license in good standing, and must
  276  demonstrate satisfactory medical training or experience in
  277  boxing, or a combination of both, to the executive director
  278  before prior to working as the ringside physician.
  279         Section 9. Paragraph (c) of subsection (3) of section
  280  548.046, Florida Statutes, is amended, and paragraph (d) is
  281  added to that subsection, to read:
  282         548.046 Physician’s attendance at match; examinations;
  283  cancellation of match.—
  284         (3)
  285         (c) A participant who fails or refuses Failure or refusal
  286  to provide a urine sample immediately upon request shall be
  287  considered an immediate, serious danger to the health, safety,
  288  and welfare of the public and his or her opponent. If a
  289  participant fails or refuses to provide a urine sample, his or
  290  her license shall be immediately suspended pursuant to
  291  s.120.60(6), and such failure or refusal is grounds for
  292  additional disciplinary action result in the revocation of the
  293  participant’s license. Any participant who has been adjudged the
  294  loser of a match and who subsequently refuses to or is unable to
  295  provide a urine sample shall forfeit his or her share of the
  296  purse to the commission. A Any participant who is adjudged the
  297  winner of a match and who subsequently refuses to or is unable
  298  to provide a urine sample forfeits shall forfeit the win and
  299  shall not be allowed to engage in any future match in the state.
  300  The decision shall be changed to a no-decision result and shall
  301  be entered into the official record as the result of the match.
  302  The purse shall be redistributed as though the participant found
  303  to be in violation of this subsection had lost the match. If
  304  redistribution of the purse is not necessary or after
  305  redistribution of the purse is completed, the participant found
  306  to be in violation of this subsection shall forfeit his or her
  307  share of the purse to the commission.
  308         (d) If a participant tests positive for a prohibited
  309  substance as specified by commission rule, the participant shall
  310  be considered an immediate, serious danger to the health,
  311  safety, and welfare of the public and his or her opponent. The
  312  participant’s license shall be immediately suspended pursuant to
  313  s. 120.60(6), and subject to additional disciplinary action.
  314         Section 10. Section 548.052, Florida Statutes, is amended
  315  to read:
  316         548.052 Payment of advances by promoter or foreign
  317  copromoter regulated.—A promoter or foreign copromoter may not
  318  pay, lend, or give a participant an advance against her or his
  319  purse before a contest, except with the prior written permission
  320  of the commission or the executive director, or his or her
  321  designee a commissioner; and, if permitted, such advance may be
  322  made only for expenses for transportation and maintenance in
  323  preparation for a contest.
  324         Section 11. Subsection (2) of section 548.054, Florida
  325  Statutes, is amended to read:
  326         548.054 Withholding of purses; hearing; disposition of
  327  withheld purse forfeiture.—
  328         (2) Any purse so withheld shall be delivered by the
  329  promoter to the commission upon demand. Within 10 days after the
  330  match, the person from whom the sum was withheld may submit a
  331  petition for a hearing to the commission pursuant to s. 120.569
  332  apply in writing to the commission for a hearing. Upon receipt
  333  of the petition application, the commission shall hold shall fix
  334  a date for a hearing pursuant to ss. 120.569 and 120.57. Within
  335  10 days after the hearing or after 10 days following the match,
  336  If no petition application for a hearing is filed, the
  337  commission shall meet and determine the disposition to be made
  338  of the withheld purse. If the commission finds the charges
  339  sufficient, it may declare all or any part of the funds
  340  forfeited. If the commission finds the charges insufficient not
  341  sufficient upon which to base a withholding order, it shall
  342  immediately distribute the withheld funds to the appropriate
  343  persons entitled thereto.
  344         Section 12. Section 548.06, Florida Statutes, is amended to
  345  read:
  346         548.06 Payments to state; exemptions; audit of records.—
  347         (1) Except as provided in subsection (4), a promoter
  348  holding a match shall, within 72 hours after the match, file
  349  with the commission a written report that which includes the
  350  number of tickets sold, the amount of gross receipts, and any
  351  other facts the commission may require. For the purposes of this
  352  chapter, total gross receipts include each of the following:
  353         (a) The gross price charged for the sale or lease of
  354  broadcasting, television, and pay-per-view motion picture rights
  355  of any match occurring within the state without any deductions
  356  for commissions, brokerage fees, distribution fees, advertising,
  357  or other expenses or charges.;
  358         (b) The portion of the receipts from the sale of souvenirs,
  359  programs, and other concessions received by the promoter;
  360         (b)(c) The face value of all tickets sold and complimentary
  361  tickets issued, provided, or given above 5 percent of the seats
  362  in the house designated for use in the event and not authorized
  363  by the commission pursuant to subsection (2).; and
  364         (c)(d) The face value of any seat or seating issued,
  365  provided, or given in exchange for advertising, sponsorships, or
  366  anything of value to the promotion of an event.
  367         (2) A promoter may issue, provide, or give complimentary
  368  tickets for up to 5 percent of the seats in the house designated
  369  for use in the event, equally distributed between or among the
  370  price categories for which complimentary tickets are issued,
  371  without including the face value of such tickets issued,
  372  provided, or given, in gross receipts, and without paying the
  373  taxes required in subsection (4). If a promoter wishes to issue,
  374  provide, or give complimentary tickets for more than 5 percent
  375  of the seats in the house designated for use in the event
  376  without including the face value of such tickets issued,
  377  provided, or given, in gross receipts, the promoter must obtain
  378  written authorization from the commission or the executive
  379  director, or his or her designee Where the rights to telecast a
  380  match or matches held in this state under the supervision of the
  381  Florida State Boxing Commission are in whole owned by, sold to,
  382  acquired by, or held by any person who intends to or
  383  subsequently sells or, in some other manner, extends such rights
  384  in part to another, such person is deemed to be a promoter and
  385  must be licensed as such in this state. Such person shall,
  386  within 72 hours after the sale, transfer, or extension of such
  387  rights in whole or in part, file with the commission a written
  388  report that includes the number of tickets sold, the amount of
  389  gross receipts, and any other facts the commission may require.
  390         (a) The commission may not consider complimentary tickets
  391  that it authorizes under this subsection as part of the total
  392  gross receipts from admission fees.
  393         (b) A promoter may issue, provide, or give complimentary
  394  tickets for more than 5 percent of the seats in the house
  395  designated for use in the event without obtaining written
  396  authorization from the commission, the executive director, or
  397  his or her designee if the promoter includes the face value of
  398  such tickets issued, provided, or given over 5 percent of the
  399  seats in the house designated for use in the event in gross
  400  receipts and pays the taxes as required in subsection (4).
  401         (c) The commission, the executive director, or his or her
  402  designee, may authorize more than 5 percent of the tickets to be
  403  issued as complimentary tickets to the following:
  404         1. Reserve or active members of the United States Armed
  405  Forces or National Guard;
  406         2. A veteran, as defined in s. 1.01(14). The veteran need
  407  not have served during wartime periods of service as listed
  408  under s. 1.01(14) or in a campaign or expedition for which a
  409  campaign badge has been authorized; and
  410         3. Not-for-profit organizations with tax-exempt status
  411  pursuant to s. 501(c)(3) of the United States Internal Revenue
  412  Code.
  413         (d) A promoter who wishes to obtain authorization to issue
  414  more than 5 percent complimentary tickets shall:
  415         1. Submit an application adopted by the commission no later
  416  than 2 business days before the date of the professional event.
  417  The application must include, at a minimum, the date, time, and
  418  location of the event, the number of complimentary tickets being
  419  requested, the percentage of total tickets issued for the seats
  420  in the house designated for use in the event being requested as
  421  complimentary tickets, and which individuals or entities will
  422  receive the complimentary tickets.
  423         2. Maintain documentation evidencing that the tickets were
  424  given to individuals or entities that fall into the categories
  425  listed in paragraph (c). These documents are subject to auditing
  426  requirements as set forth in subsection (7).
  427         (e) The commission, executive director, or his or her
  428  designee shall deny or approve the application. The commission,
  429  executive director, or his or her designee may set limitations
  430  on the approval and may approve all or a portion of the
  431  requested percentage above 5 percent. The commission, executive
  432  director, or his or her designee shall provide the decision in
  433  writing to the promoter at least 1 business day before the start
  434  of the event, with an explanation for the denial or approval and
  435  an explanation for any limitation on the approval. The promoter
  436  remains responsible for complying with other reporting and
  437  taxation requirements as set forth in this chapter.
  438         (3) A concessionaire shall, within 72 hours after the
  439  match, file with the commission a written report that includes
  440  the number of tickets sold, the amount of gross receipts, and
  441  any other facts the commission may require.
  442         (3)(4)A Any written report required to be filed with the
  443  commission under this section must shall be postmarked within 72
  444  hours after the conclusion of the match, and an additional 5
  445  days is shall be allowed for mailing.
  446         (4)(5)Each the written report must shall be accompanied by
  447  a tax payment in the amount of 5 percent of the total gross
  448  receipts exclusive of any federal taxes, except that the tax
  449  payment derived from the gross price charged for the sale or
  450  lease of broadcasting, television, and pay-per-view motion
  451  picture rights of any match occurring within the state may shall
  452  not exceed $40,000 for a any single event. If a promoter remits
  453  the maximum tax amount of $40,000 for the sale or lease of
  454  broadcasting, television, or pay-per-view rights of any single
  455  event pursuant to this subsection, the promoter is only required
  456  to indicate that the amount of $40,000 has been remitted for
  457  such taxes on a form provided by the commission. The promoter
  458  remains responsible for complying with other reporting and
  459  taxation requirements related to other gross receipts as set
  460  forth in this chapter.
  461         (5)(6)(a) A Any promoter who willfully makes a false and
  462  fraudulent report under this section commits is guilty of
  463  perjury and, upon conviction, is subject to punishment as
  464  provided by law. Such penalty is shall be in addition to any
  465  other penalties imposed under by this chapter.
  466         (b) A Any promoter who willfully fails, neglects, or
  467  refuses to make a report or to pay the taxes as prescribed or
  468  who refuses to allow the commission to examine the books,
  469  papers, and records of a any promotion commits is guilty of a
  470  misdemeanor of the second degree, punishable as provided in s.
  471  775.082 or s. 775.083.
  472         (6) A promoter shall retain a copy of the following records
  473  for 1 year and provide a copy of the following records to the
  474  commission upon request:
  475         (a) Records necessary to support each report submitted to
  476  the commission, including a copy of any report filed with the
  477  commission.
  478         (b) A copy of each independently prepared ticket manifest.
  479         (c) Documentation verifying the issuance of complimentary
  480  tickets approved by the commission pursuant to subsection (2) to
  481  individuals or entities which meet the requirements as set forth
  482  in paragraph (2)(c).
  483         (7) Compliance with this section is subject to verification
  484  by department or commission audit. The commission may, upon
  485  reasonable notice to the promoter, audit a promoter’s books and
  486  records relating to the promoter’s operations under this
  487  chapter.
  488         (8) The commission shall adopt rules establishing a
  489  procedure for auditing a promoter’s records and resolving any
  490  inconsistencies revealed by an audit and shall adopt a rule
  491  imposing a late fee in the event of taxes owed.
  492         Section 13. Section 548.07, Florida Statutes, is amended to
  493  read:
  494         548.07 Suspension of license or permit by commissioner;
  495  hearing.—
  496         (1) The commission or the executive director, or his or her
  497  designee, may issue an emergency suspension order pursuant to s.
  498  120.60(6), suspending the license of any person or entity
  499  licensed under this chapter who poses an immediate, serious
  500  danger to the health, safety, and welfare of the public or the
  501  participants in a match.
  502         (2) The department’s Office of General Counsel shall review
  503  the grounds for each emergency suspension order issued and, if
  504  sufficient, shall file an administrative complaint against the
  505  licensee within 21 days after the issuance of the emergency
  506  suspension order.
  507         (3) After service of the administrative complaint pursuant
  508  to the procedure of s. 455.275, the disciplinary process shall
  509  proceed pursuant to chapter 120. Notwithstanding any provision
  510  of chapter 120, any member of the commission may, upon her or
  511  his own motion or upon the verified written complaint of any
  512  person charging a licensee or permittee with violating this
  513  chapter, suspend any license or permit until final determination
  514  by the commission if such action is necessary to protect the
  515  public welfare and the best interests of the sport. The
  516  commission shall hold a hearing within 10 days after the date on
  517  which the license or permit is suspended.
  518         Section 14. Section 548.073, Florida Statutes, is amended
  519  to read:
  520         548.073 Commission hearings.—All hearings held under this
  521  chapter shall be held in accordance with chapter 120.
  522  Notwithstanding the provisions of chapter 120, any member of the
  523  commission may conduct a hearing. Before any adjudication is
  524  rendered, a majority of the members of the commission shall
  525  examine the record and approve the adjudication and order.
  526         Section 15. The sum of $111,000 in recurring funds is
  527  appropriated from the General Revenue Fund to the Department of
  528  Business and Professional Regulation for the implementation of
  529  this act by the Florida State Boxing Commission during the 2014
  530  2015 fiscal year.
  531         Section 16. This act shall take effect July 1, 2014.