Drop House Bill 773

HOUSE OF REPRESENTATIVES STAFF ANALYSIS

BILL #: CS/CS/HB 773 Pugilistic Exhibitions
SPONSOR(S): Regulatory Affairs Committee; Business & Professional Regulation Subcommittee; Hutson
TIED BILLS: CS/CS/HB 775 IDEN./SIM. BILLS: CS/SB 810

REFERENCE ACTION ANALYST STAFF DIRECTOR or BUDGET/POLICY CHIEF
1) Business & Professional Regulation Subcommittee 12 Y, 0 N, As CS Brown-Blake Luczynski
2) Government Operations Appropriations Subcommittee 11 Y, 0 N Topp Topp
3) Regulatory Affairs Committee 16 Y, 0 N, As CS, Brown-Blake Hamon

SUMMARY ANALYSIS
The bill amends various provisions of ch. 548, F.S., to update language with industry standards and ensure licensees are provided with adequate due process.

Specifically, the bill:
 Provides, modifies, and eliminates definitions relating to the Florida Boxing Commission (Commission).
 Amends and clarifies the duties of the Commission’s executive director.
 Eliminates the requirement that the Commission record all of its scheduled proceedings.
 Clarifies that the Commission has exclusive jurisdiction over amateur mixed martial arts matches held in the state.
 Creates new exemptions from ch. 548, F.S., and clarifies existing exemptions.
 Eliminates the requirement that concessionaires, foreign copromoters, and booking agents be licensed, and eliminates references to responsibilities related to concessionaries.
 Provides that the failure or refusal to provide a urine sample, or the positive result of a urine test, constitutes an immediate serious danger to the health, safety, and welfare of the public and participants and results in the immediate suspension of the participant’s license.
 Requires the Commission to hold purse forfeiture hearings pursuant to the Administrative Procedure Act.
 Redefines how the Commission is to determine “gross receipts.”
 Permits promoter to apply to the Commission for authorization to issue more than five percent of seats
in the house as complimentary tickets and not be included in gross receipts for post-event taxation purposes.
 Requires that the promoter keep a copy of certain records for a period of one year.
 Provides that compliance with the requirements outlined in s. 548.06, F.S., is subject to verification by Department of Business of Professional Regulation (Department) or Commission audit and that the Commission has the right to audit a promoter’s books and records, upon reasonable notice.
 Directs the Commission to adopt rules to establish a procedure for auditing a promoter’s records and for resolving any inconsistencies revealed in the audit.
 Directs the Commission to establish rules for imposing late fees in the event of taxes owed.
 Provides an emergency license suspension procedure.
 Provides that all hearings held under ch. 548, F.S., be held in accordance with the Administrative Procedure Act.
 Appropriates $111,000 from the General Revenue Fund to implement provisions of the bill.

The bill is anticipated to have a significant reduction in revenues to the Florida Boxing Commission due to deregulation of concessionaires and booking agents, and lower post-event tax payments.

The bill has an effective date of July 1, 2014.