Amendment ASA1-SB290

SB290-ASA1,7,23 (3) The department shall promulgate rules that establish all of the following with respect to mixed martial arts fighting contests:

SB290-ASA1,7,25 (a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting contests.

SB290-ASA1,8,2 (b) Requirements for regular health examinations of mixed martial arts fighting contestants, including all of the following:

SB290-ASA1,8,4 1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists.

SB290-ASA1,8,5 2. Annual screening for HIV, hepatitis B, and hepatitis C.

SB290-ASA1,8,6 3. For female contestants, pregnancy tests before contests.

SB290-ASA1,8,8 (c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants.

SB290-ASA1,8,11 (4) Except as otherwise specified in this chapter, mixed martial arts fighting contests shall be conducted under the Association of Boxing Commissions' uniform rules of mixed martial arts.

SB290-ASA1, s. 24 Section 24. 444.10 (title) of the statutes is amended to read:

SB290-ASA1,8,13 444.10 (title) Physician to examine professional boxing contestants.

SB290-ASA1, s. 25 Section 25. 444.11 of the statutes is amended to read:

SB290-ASA1,8,25 444.11 Licenses to matchmakers, referees, boxers contestants, etc. The department may grant licenses upon application and the payment of the prescribed fees to matchmakers, managers, referees, examining physicians, boxers, mixed martial arts fighters, seconds, and trainers in professional boxing contests and amateur mixed martial arts fighting contests. The fees to be paid per year shall be: Matchmakers in cities with a population of over 150,000, $25; matchmakers in other cities and in villages and towns, $10; and managers, $10; referees and judges, $15; examining physicians, $10; boxers, $5, $40 and mixed martial arts fighters; seconds, $40; and trainers timekeepers, $5 $10. The department may limit, suspend, or revoke any such license granted under this section or reprimand the holder thereof licensee upon such cause as it deems sufficient.

SB290-ASA1, s. 26 Section 26. 444.12 of the statutes is amended to read:

SB290-ASA1,9,6 444.12 Referee to stop contest. The referee must stop a professional boxing contest or amateur mixed martial arts fighting contest when either of the contestants shows a marked superiority or is apparently outclassed. The referee shall be the sole arbiter of the contest and may consult the physician identified in s. 444.095 (2) (c) during the contest.

SB290-ASA1, s. 27 Section 27. 444.13 of the statutes is amended to read:

SB290-ASA1,9,13 444.13 Sham contests, license revoked. Any promoter or club that conducts, holds, gives, or participates in any sham or fake professional boxing contest or amateur mixed martial arts fighting contest shall forfeit its license. That license shall be revoked by the department, and the promoter or club shall not be entitled to another license, nor shall any license be issued to any club that has a member who belonged to a club that had its license revoked.

SB290-ASA1, s. 28 Section 28. 444.14 of the statutes is amended to read:

SB290-ASA1,9,26 444.14 Sham contests; contestants penalized; forfeitures; hearing. Any The department shall ban a contestant who participates in any sham or fake professional boxing contest or amateur mixed martial arts fighting contest or violates any rule or regulation of promulgated by the department shall be penalized as follows: For the first offense the contestant shall be restrained by order of the department for not less than 2 months nor more than one year, the period to begin immediately after the occurrence of the offense, from participation in the contest to be held or given by any licensed club; for a 2nd offense, the contestant shall be permanently disqualified from further admission or participation in any such contest held or given by any licensed club and in addition, for each such offense, shall forfeit such amount, out of the share or purse agreed to be paid the contestant for the contest as the department determines, the forfeit to be paid into the general fund of the state. The department, upon determining the amount of the forfeit, may pay the same out of any guarantee deposited with it for delivery to the contestant or may order it paid to the department by the club employing the contestant out of the purse or share agreed by it to be paid to the contestant. The department shall not determine the forfeit until after due hearing held upon reasonable notice duly served upon, and may require the contestant or , the contestant's manager and upon the club by whom the contestant is employed. Any member of the department or the secretary or any inspector of the department may order the club to hold the share or purse of the contestant in its possession pending the hearing and determination of the department. For failure to obey any order of the department or the secretary of the department or any inspector of the department given under this section, the license of the club may be limited, suspended, canceled, or revoked, and the club may be reprimanded, or the promoter of the contest to forfeit an amount determined by the department, but not more than $500. Fifty percent of all forfeitures collected under this section shall be deposited in the appropriation account under s. 20.165 (1) (im).

SB290-ASA1, s. 29 Section 29. 444.15 of the statutes is amended to read:

SB290-ASA1,11,6 444.15 Reports; examination of books and officers. Whenever any promoter or club fails to make a report of any professional boxing contest or amateur mixed martial arts fighting contest at the time prescribed or whenever a report is unsatisfactory to the department, the secretary of the department may examine the books and records of the promoter or club and, may subpoena and examine, under oath, the promoter or the club's officers and other witnesses to determine the total amount of its gross receipts for any contest, and may hire an independent auditor to assist in making the determination. The secretary may require the promoter or club to pay the expenses of conducting the examination or the independent auditor's fee. If a promoter or club fails to pay the amount of expenses determined by the secretary to be due within 20 days after receiving notice of the amount, the promoter or club shall forfeit its license, be disqualified from receiving any license under this chapter, and forfeit to the state the sum of $1,000, which may be recovered by the department of justice in the name of the state.

SB290-ASA1, s. 30 Section 30. 444.18 of the statutes is amended to read:

SB290-ASA1,11,17 444.18 Insurance on boxers certain contestants. Any licensee authorized to conduct professional boxing contests or amateur mixed martial arts fighting contests shall insure each contestant participating for hospital, nursing, and medication expenses and physician's and surgeon's services according to an equitable fee schedule, not to exceed in the aggregate $500 $25,000, to be paid to, or for the use of, any contestant to compensate for injuries sustained in any such contest; and shall insure each contestant for not less than $2,500 $25,000 to be paid to the contestant's estate in the event of the contestant's death as the result of participation in such professional boxing contest or amateur mixed martial arts fighting contest.

SB290-ASA1, s. 31 Section 31. 444.19 of the statutes is created to read:

SB290-ASA1,11,22 444.19 Fee adjustments by rule. Notwithstanding ss. 444.02 (3), 444.03, 444.06, and 444.11, the department may by rule adjust the fees under this chapter to account for changes in the department's costs in administering and enforcing this chapter.

SB290-ASA1, s. 32 Section 32. Nonstatutory provisions.

SB290-ASA1,12,3 (1) The department of regulation and licensing shall submit in proposed form the rule required under section 444.035 of the statutes, as created by this act, and any additional rules necessary for the department to implement this act to the legislative council staff under section 227.15 (1) of the statutes no later than than the first day of the 6th month beginning after the effective date of this subsection.

SB290-ASA1,12,13 (2) Using the procedure under section 227.24 of the statutes, the department of regulation and licensing shall promulgate the rule required under section 444.035 of the statutes, as created by this act, and any additional rules necessary for the department to implement this act for the period before the effective date of the rule submitted under subsection (1), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

SB290-ASA1,12,17 (3) The authorized FTE positions for the department of regulation and licensing are increased by 3.0 PR positions, to be funded from the appropriation under section 20.165 (1) (g) of the statutes, for the purpose of providing increased staff for the administration of chapter 444 of the statutes, as affected by this act.

SB290-ASA1, s. 33 Section 33. Fiscal changes.

SB290-ASA1,12,24 (1) In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of regulation and licensing under section 20.165 (1) (g) of the statutes, as affected by the acts of 2009, the dollar amount is increased by $245,440 for the second fiscal year of the fiscal biennium in which this subsection takes effect to provide additional funding for the administration and enforcement of chapter 444 of the statutes, as affected by this act.

SB290-ASA1, s. 34 Section 34. Effective date.

SB290-ASA1,13,2 (1) This act takes effect on the first day of the 7th month beginning after publication.

SB290-ASA1,13,3 (End)