61-42.003. Unsanctioned Amateur Events

(1) When the department has probable cause to believe that any person or entity not licensed by the commission intends to sanction or supervise an amateur match or event in the state, the department may issue and deliver to such person a notice to cease and desist from such violation. In addition, the department may issue and deliver a notice to cease and desist to any person or entity who aids and abets the unlicensed sanctioning or supervising of an amateur match or event in this state by employing such unlicensed person or entity. The issuance of a notice to cease and desist shall not constitute agency action for which a hearing under Sections 120.569 and 120.57, F.S., may be sought. For the purpose of enforcing a cease and desist notice, the department may file a proceeding in the name of the state seeking issuance of an injunction or a writ of mandamus against any person or entity who violates any provisions of such notice. In addition to the foregoing remedies, the department may impose an administrative penalty not to exceed $5,000 per incident pursuant to the provisions of Chapter 120, F.S., or may issue a citation pursuant to the provisions of subsection (3). If the department is required to seek enforcement of the notice for a penalty pursuant to Section 120.569, F.S., it shall be entitled to collect its attorney’s fees and costs, together with any cost of collection.

(2) In addition to or in lieu of any remedy provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court in which the department’s main office is located for any violation for which the department may issue a notice to cease and desist under subsection (1). The civil penalty shall be no less than $500 and no more than $5,000 for each offense.

(3)(a) The department may issue citations to the subject for intending to sanction or supervise amateur matches or events without being licensed to do so.  The citations shall contain the subject’s name and any other information the department determines to be necessary to identify the subject, a brief factual statement, the sections of the law allegedly violated, and the penalty imposed. The citation must clearly state that the subject may choose, in lieu of accepting the citation, to follow the procedure in Rule 61-42.002, F.A.C. If the subject disputes the matter in the citation, the procedures set forth in Rule 61-42.002, F.A.C. must be followed. The penalty shall be a fine of not less than $500 or more than $5,000 or other conditions as established by rule.

(b) Citations imposing a designated fine may be issued under the following conditions:

1. The subject has received a previous Notice to Cease and Desist for the unlicensed activity;

2. The subject has not received a prior citation, or final order, for the unlicensed activity;

3. There is no evidence of consumer harm; and

4. The subject has not previously held a license as an amateur sanctioning organization.

(c) Citations for the unlicensed practice of a sanctioning or supervising an amateur match governed by Chapter 548, F.S., shall be either personally-served or served by certified mail, restricted delivery.

(d) If the subject does not dispute the citation within 30 days after the citation is served, the citation will become a final order of the Department.

(e) Payment of an undisputed citation is due within 30 days after the citation has become a final order.

(f) Citations which have become final orders will be used in any subsequent proceedings as evidence of a prior violation of that statute or rule.

(g) The Department shall open a complaint against any individual or organization issued a citation for intending to sanction or supervise an amateur match without being licensed to do so, who does not immediately cease the activity, or who has sanctioned or supervised an amateur match without being licensed to do so. Furthermore, criminal violations shall be forwarded to the proper prosecuting authority and are punishable as provided in  Section 548.008, F.S.

(h) Each day that the unlicensed practice continues after issuance of a citation constitutes a separate violation.

(i) The department shall be entitled to recover the costs of investigation, in addition to any penalty provided according to department rule as part of the penalty levied pursuant to the citation.

(4) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the Professional Regulation Trust Fund for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.

Rulemaking Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New 12-20-12.