Bill Text: FL S1686 | 2013 | Regular Session | Comm Sub
Bill Title: Pugilistic Exhibitions
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2013-05-01 - Laid on Table [S1686 Detail]
Download: Florida-2013-S1686-Comm_Sub.html
Florida Senate - 2013 CS for CS for SB 1686 By the Committees on Appropriations; and Regulated Industries; and Senator Altman 576-04690-13 20131686c2 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 all scheduled 8 Florida State Boxing Commission proceedings; amending 9 s. 548.006, F.S.; providing the commission exclusive 10 jurisdiction over approval of amateur mixed martial 11 arts matches; amending s. 548.007, F.S.; revising 12 nonapplicability of ch. 548, F.S.; repealing s. 13 548.015, F.S., which requires licensed concessionaires 14 to obtain a security, to conform; amending s. 548.017, 15 F.S.; deleting a requirement for the licensure of 16 concessionaires; amending s. 548.046, F.S.; providing 17 for immediate license suspension and other 18 disciplinary action if a participant fails or refuses 19 to provide a urine sample or tests positive for 20 specified prohibited substances; amending s. 548.054, 21 F.S.; revising procedure and requirements for 22 requesting a hearing following the withholding of a 23 purse; amending s. 548.06, F.S.; revising the 24 calculation of gross receipts; requiring promoters to 25 retain specified documents and records; authorizing 26 the commission and the Department of Business and 27 Professional Regulation to audit specified records 28 retained by a promoter; requiring the commission to 29 adopt rules; amending s. 548.07, F.S.; revising the 30 procedure for suspension of licensure by specified 31 persons; amending s. 548.073, F.S.; revising rules of 32 procedure governing commission hearings; providing an 33 appropriation; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 548.002, Florida Statutes, is amended to 38 read: 39 548.002 Definitions.—As used in this chapter, the term: 40 (1) “Amateur” means a person who has never received nor 41 competed for any purse or other article of value, either for the 42 expenses of training or for participating in a match, other than 43 a prize of $50 in value or less. 44 (2) “Amateur sanctioning organization” means any business 45 entity organized for sanctioning and supervising matches 46 involving amateurs. 47 (3) “Boxing” means the practice of fighting with the fists 48 as a sportto compete with the fists. 49 (4) “Commission” means the Florida State Boxing Commission. 50(5) “Concessionaire” means any person or business entity51not licensed as a promoter which receives revenues or other52compensation from the sale of tickets or from the sale of53souvenirs, programs, broadcast rights, or any other concessions54in conjunction with the promotion of a match.55 (5)(6)“Contest” means a boxing, kickboxing, or mixed 56 martial arts engagement in which persons participating strive 57 earnestly to win using, but not necessarily being limited to, 58 strikes and blows to the head. 59 (6)(7)“Department” means the Department of Business and 60 Professional Regulation. 61 (7)(8)“Event” means one or more matches comprising a show. 62 (8)(9)“Exhibition” means a boxing, kickboxing, or mixed 63 martial arts engagement in which persons participating show or 64 display their skill without necessarily striving to win using, 65 but not necessarily being limited to, strikes and blows to the 66 head. 67 (9) “Face value” means the dollar value of a ticket which 68 is equal to the dollar amount that a customer is required to pay 69 or, for complimentary tickets, would have been required to pay 70 to purchase a ticket with equivalent seating priority in order 71 to view the event. If the ticket specifies the amount of 72 admission charges attributable to state or federal taxes, such 73 taxes shall not be included in the face value. 74 (10) “Full contact” means the use of blows and strikes 75 during a match or bout that: 76 (a) Are intended to break the plane of the receiving 77 participant’s body; 78 (b) Are delivered to the head, face, neck, or body of the 79 receiving participant; and 80 (c) Cause the receiving participant to move in response to 81 the blow or strike. 82(10) “Foreign copromoter” means a promoter who has no place83of business within this state.84 (11) “Judge” means a person who has a vote in determining 85 the winner of any contest. 86 (12) “Kickboxing” means the practice of fightingto compete87 with the fists, hands, feet, legs, or any combination thereof as 88 a sport, and includes “punchkick” and other similar89competitions. 90 (13) “Manager” means any person who, directly or 91 indirectly, controls or administers the boxing, kickboxing, or 92 mixed martial arts affairs of any participant. 93 (14) “Match” means any contest or exhibition. 94 (15) “Matchmaker” means a person who brings together 95 professionals or arranges matches for professionals. 96 (16) “Mixed martial arts” means full contact, unarmed 97 combat involving the use, subject to any applicable limitations98set forth in this chapter,of a combination of two or more 99 techniques, including, but not limited to, grappling, kicking, 100 and striking, from different disciplines of the martial arts, 101 including, but not limited to, boxing, kickboxing, muay Thai, 102 and Thai boxinggrappling, kicking, and striking. 103 (17) “Participant” means a professional competing in a 104 boxing, kickboxing, or mixed martial arts match. 105 (18) “Physician” means a personan individuallicensed to 106 practice medicine under chapter 458 or chapter 459 whose license 107 is unencumbered and in good standingto practice medicine and108surgery in this state. 109 (19) “Professional” means a person who has received or 110 competed for any purse or other article of a value greater than 111 $50, either for the expenses of training or for participating in 112 any match. 113 (20) “Promoter” means any person or entity, and includes 114 any officer, director, trustee, partneremployee, or owner 115stockholderof a corporate promoter or any promoter partnership, 116 who produces, arranges, or stages any match involving a 117 professional. 118 (21) “Purse” means the financial guarantee or other 119 remuneration for which a professional is participating in a 120 match and includes the professional’s share of any payment 121 received for radio broadcasting, television, and motion picture 122 rights. 123 (22) “Second” or “cornerman” means a person who assists a 124the matchparticipant in preparation for a match and between 125 rounds, and who maintains the corner of atheparticipant during 126 athematch. 127 (23) “Secretary” means the Secretary of Business and 128 Professional Regulation. 129 Section 2. Section 548.004, Florida Statutes, is amended to 130 read: 131 548.004 Executive director; duties, compensation, 132 administrative support.— 133 (1) The department shall employ an executive director with 134 the approval of the commission. The executive director shall 135 serve at the pleasure of the secretary. The executive director 136 or his or her designee shall perform duties and responsibilities 137 as set forth by the commission, which shall include conducting 138 the functions of the commission office; appointing event and 139 commission officials; approving licenses, permits, and matches; 140 and performing anykeep a record of all proceedings of the141commission; shall preserve all books, papers, and documents142pertaining to the business of the commission; shall prepare any143notices and papers required; shall appoint judges, referees, and144other officials as delegated by the commission and pursuant to145this chapter and rules of the commission; and shall perform such146 other duties as the department or commission deems necessary 147directs. The executive director may issue subpoenas and 148 administer oaths. 149(2) The commission shall require electronic recording of150all scheduled proceedings of the commission.151 (2)(3)The department shall provide assistance in budget 152 development and budget submission for state funding requests. 153 The department shall submit an annual balanced legislative 154 budget for the commission which is based upon anticipated 155 revenue. The department shall provide technical assistance and 156 administrative support, if requested or determined necessary 157needed, to the commission and its executive director on issues 158 relating to personnel, contracting, property management, or 159 other issues identified as important to performing the duties of 160 this chapter and to protecting the interests of the state. 161 Section 3. Subsection (3) of section 548.006, Florida 162 Statutes, is amended to read: 163 548.006 Power of commission to control professional and 164 amateur boxing, kickboxing, and mixed martial arts matches 165pugilistic contests and exhibitions; certification of 166 competitiveness of professional mixed martial arts and 167 kickboxing matches.— 168 (3) The commission has exclusive jurisdiction over 169 approval, disapproval, suspension of approval, and revocation of 170 approval of all amateur sanctioning organizations for amateur 171 boxing,andkickboxing, and mixed martial arts matches held in 172 this state. 173 Section 4. Section 548.007, Florida Statutes, is amended to 174 read: 175 548.007 Exemptions.—This chapter doesApplicability of176provisions to amateur matches and certain other matches or177events.—Sections548.001-548.079donot apply to: 178 (1) A match that does not allow full contactconducted or179sponsored by a bona fide nonprofit school or education program180whose primary purpose is instruction in the martial arts,181boxing, or kickboxing, if the matchheld in conjunction with the182instructionis limited to amateurs.amateur participants who are183students of the school or instructional program;184 (2) A match conducted or sponsored by any company or 185 detachment of the Florida National Guard, if the match is 186 limited to amateursparticipantswho are members of the company 187 or detachment of the Florida National Guard.; or188 (3) A match conducted or sponsored by the Fraternal Order 189 of Police, if the match is limited to amateursamateur190participantsand is held in conjunction with a charitable event. 191 (4) A match conducted by a public postsecondary education 192 institution or a public secondary school, if the match is 193 limited to amateurs who are students enrolled in the institution 194 or school and members of a school-sponsored club or team. 195 (5) A match conducted by or between companies or 196 detachments of the United States Army, Navy, Air Force, Marines, 197 Coast Guard, or National Guard, if the match is limited to 198 amateurs who are members of the United States Armed Forces. 199 (6) A match conducted by the International Olympic 200 Committee, the International Paralympic Committee, the Special 201 Olympics, or the Junior Olympics, if the match is limited to 202 amateurs who are competing in or attempting to qualify for the 203 Olympics, Paralympics, Special Olympics, or Junior Olympics. 204 (7) A professional or amateur martial arts activity. As 205 used in this subsection, the term “martial arts” means any one 206 of the traditional forms of self-defense or unarmed combat 207 involving the use of physical skill and coordination, including, 208 but not limited to, karate, aikido, judo, and kung fu. The term 209 does not include “mixed martial arts.” 210 Section 5. Section 548.015, Florida Statutes, is repealed. 211 Section 6. Subsection (1) of section 548.017, Florida 212 Statutes, is amended to read: 213 548.017 Participants, managers, and other persons required 214 to have licenses.— 215 (1) A participant, manager, trainer, second, timekeeper, 216 referee, judge, announcer, physician, matchmaker, 217concessionaire,or booking agent or representative of a booking 218 agent shall be licensed before directly or indirectly acting in 219 such capacity in connection with any match involving a 220 participant. A physician must be licensed pursuant to chapter 221 458 or chapter 459, must maintain an unencumbered license in 222 good standing, and must demonstrate satisfactory medical 223 training or experience in boxing, or a combination of both, to 224 the executive director prior to working as the ringside 225 physician. 226 Section 7. Paragraph (c) of subsection (3) of section 227 548.046, Florida Statutes, is amended, and paragraph (d) is 228 added to that subsection, to read: 229 548.046 Physician’s attendance at match; examinations; 230 cancellation of match.— 231 (3) 232 (c) Failure or refusal to provide a urine sample 233 immediately upon request constitutes an immediate serious danger 234 to the health, safety, and welfare of the participants and the 235 public and shall result in the immediate suspensionrevocation236 of the participant’s license and constitute grounds for 237 additional disciplinary action. Any participant who has been 238 adjudged the loser of a match and who subsequently refuses to or 239 is unable to provide a urine sample shall forfeit his or her 240 share of the purse to the commission. Any participant who is 241 adjudged the winner of a match and who subsequently refuses to 242 or is unable to provide a urine sample shall forfeit the win and 243 shall not be allowed to engage in any future match in the state. 244 A no-decision result shall be entered into the official record 245 as the result of the match. The purse shall be redistributed as 246 though the participant found to be in violation of this 247 subsection had lost the match. If redistribution of the purse is 248 not necessary or after redistribution of the purse is completed, 249 the participant found to be in violation of this subsection 250 shall forfeit his or her share of the purse to the commission. 251 (d) Testing positive for any of the prohibited substances 252 as set forth by commission rule constitutes an immediate serious 253 danger to the health, safety, and welfare of the participants 254 and the general public and shall result in the immediate 255 suspension of the participant’s license and constitute grounds 256 for additional disciplinary action. 257 Section 8. Subsection (2) of section 548.054, Florida 258 Statutes, is amended to read: 259 548.054 Withholding of purses; hearing; disposition of 260 withheld purse forfeiture.— 261 (2) Any purse so withheld shall be delivered by the 262 promoter to the commission upon demand. Within 10 days after the 263 match, the person from whom the sum was withheld may submit a 264 petition for a hearing to the commissionapply in writing to the265commission for a hearing. Upon receipt of the petition 266application, the commission may holdshall fix a date fora 267 hearing pursuant to ss. 120.569 and 120.57.Within 10 days after268the hearing or after 10 days following the match,If no petition 269applicationfor a hearing is filed, the commission shall meet 270 and determine the disposition to be made of the withheld purse. 271 If the commission finds the charges sufficient, it may declare 272 all oranypart of the funds forfeited. If the commission finds 273 the charges not sufficient upon which to base a withholding 274 order, it shall immediately distribute the withheld funds to the 275 persons entitled thereto. 276 Section 9. Section 548.06, Florida Statutes, is amended to 277 read: 278 548.06 Payments to state; exemptions; audit of records.— 279 (1) A promoter holding a match shall, within 72 hours after 280 the match, file with the commission a written report which 281 includes the number of tickets sold, the amount of gross 282 receipts, and any other facts the commission may require. For 283 the purposes of this chapter,totalgross receipts include each 284 of the following: 285 (a) The gross price charged for the sale or lease of 286 broadcasting, television, and pay-per-viewmotion picturerights 287 of any match occurring within the state without any deductions 288 for commissions, brokerage fees, distribution fees, advertising, 289 or other expenses or charges.;290(b) The portion of the receipts from the sale of souvenirs,291programs, and other concessions received by the promoter;292 (b)(c)The face value of all tickets sold and complimentary 293 tickets issued, provided, or given. However, the face value of 294 complimentary tickets issued, provided, or given of up to 4 295 percent of the seating capacity of the premises where the match 296 is held may be deducted from the calculation of gross receipts. 297 To the extent that complimentary tickets issued, provided, or 298 given exceed 4 percent of the seating capacity, the deduction 299 shall be calculated based on the proportion among the price 300 categories for which complimentary tickets were issued, 301 provided, or given. Tax payments made on complimentary tickets 302 issued, provided, or given above 4 percent shall be calculated 303 based on actual face value of the complimentary tickets, in 304 direct proportion to the price categories for which the tickets 305 were issued, provided, or given.; and306 (c)(d)The face value of any seat or seating issued, 307 provided, or given in exchange for advertising, sponsorships, or 308 anything of value to the promotion of an event. 309 (2) Where the rights to telecast a match or matches held in 310 this state under the supervision of the Florida State Boxing 311 Commission are in whole owned by, sold to, acquired by, or held 312 by any person who intends to or subsequently sells or, in some 313 other manner, extends such rights in part to another, such 314 person is deemed to be a promoter and must be licensed as such 315 in this state. Such person shall, within 72 hours after the 316 sale, transfer, or extension of such rights in whole or in part, 317 file with the commission a written report that includes the 318 number of tickets sold, the amount of gross receipts, and any 319 other facts the commission may require. 320(3) A concessionaire shall, within 72 hours after the321match, file with the commission a written report that includes322the number of tickets sold, the amount of gross receipts, and323any other facts the commission may require.324 (3)(4)Any written report required to be filed with the 325 commission under this section shall be postmarked within 72 326 hours after the conclusion of the match, and an additional 5 327 days shall be allowed for mailing. 328 (4)(5)Eachthewritten report shall be accompanied by a 329 tax payment in the amount of 5 percent of the total gross 330 receipts exclusive of any federal taxes, except that the tax 331 payment derived from the gross price charged for the sale or 332 lease of broadcasting, television, and pay-per-viewmotion333picturerights of any match occurring within the state shall not 334 exceed $40,000 for any single event. 335 (5)(6)(a) Any promoter who willfully makes a false and 336 fraudulent report under this section is guilty of perjury and, 337 upon conviction, is subject to punishment as provided by law. 338 Such penalty shall be in addition to any other penalties imposed 339 by this chapter. 340 (b) Any promoter who willfully fails, neglects, or refuses 341 to make a report or to pay the taxes as prescribed or who 342 refuses to allow the commission to examine the books, papers, 343 and records of any promotion is guilty of a misdemeanor of the 344 second degree, punishable as provided in s. 775.082 or s. 345 775.083. 346 (6) The promoter shall retain a copy of the following 347 records for a period of 1 year and shall provide a copy of such 348 records to the commission upon request: 349 (a) Records necessary to justify and support each report 350 submitted to the commission, including a copy of any report 351 filed with the commission. 352 (b) A copy of each independently prepared ticket manifest. 353 (7) Compliance with the requirements of this section is 354 subject to verification by department or commission audit. The 355 commission shall have the right, upon reasonable notice to the 356 promoter, to audit the promoter’s books and records relating to 357 the promoter’s operations under this chapter. 358 (8) The commission shall adopt rules establishing a 359 procedure for auditing a promoter’s records and resolving any 360 inconsistencies revealed by an audit, such as excessive taxes 361 paid or taxes owed by the filing promoter, and shall adopt a 362 rule imposing a late fee in the event of taxes owed. 363 Section 10. Section 548.07, Florida Statutes, is amended to 364 read: 365 548.07 Suspension of license or permit by commissioner; 366 hearing.—Notwithstanding any provision of chapter 120, any367member of the commission may, upon her or his own motion or upon368the verified written complaint of any person charging a licensee369or permittee with violating this chapter, suspend any license or370permit until final determination by the commission if such371action is necessary to protect the public welfare and the best372interests of the sport. The commission shall hold a hearing373within 10 days after the date on which the license or permit is374suspended.375 (1) The commission, any commissioner, any commission 376 designee, or the executive director or his or her designee may 377 issue an emergency suspension of license order to any person 378 licensed under this chapter who poses an immediate serious 379 danger to the health, safety, and welfare of the participants 380 and the general public. 381 (2) The department’s Office of General Counsel shall review 382 the grounds for each emergency suspension order issued and file 383 an administrative complaint against the licensee within 21 days 384 after the issuance of the emergency suspension order. 385 (3) Following service of the administrative complaint, 386 pursuant to procedures set forth in s. 455.275, the disciplinary 387 process shall proceed pursuant to chapter 120. 388 Section 11. Section 548.073, Florida Statutes, is amended 389 to read: 390 548.073 Commission hearings.—All hearings held under this 391 chapter must be held in accordance with chapter 120 392Notwithstanding the provisions of chapter 120, any member of the393commission may conduct a hearing.Before any adjudication is394rendered, a majority of the members of the commission shall395examine the record and approve the adjudication and order.396 Section 12. The sum of $111,000 in recurring funds is 397 appropriated from the General Revenue Fund to the Department of 398 Business and Professional Regulation for the implementation of 399 this act by the Florida State Boxing Commission during the 2013 400 2014 fiscal year. 401 Section 13. This act shall take effect July 1, 2013.