Florida Administrative Code (Last Updated: November 11, 2024) |
61. Department of Business and Professional Regulation |
61K1. Florida Athletic Commission |
61K1-4. Health And Safety Standards For Amateur Boxing, Kickboxing, And Mixed Martial Arts |
1(1) The commission shall act in accordance with the following guidelines when it finds the enumerated violations in disciplinary cases. The commission shall impose a penalty within the range of each applicable disciplinary violation set forth below unless the commission finds an aggravating or mitigating circumstance, in which case the commission may deviate from the guideline penalty. The following disciplinary guidelines shall be followed by the commission in imposing disciplinary penalties upon licensees for violation of the noted statutes and rules:
82(a) Being guilty of violating Chapter 548, F.S. or the rules of the commission. (Section 97548.071(1), F.S.99)
100MINIMUM
101MAXIMUM
102FIRST OFFENSE
104$250 fine
106denial of licensure or
110$5000 fine and suspension
114to be followed by a term of
121probation
122SECOND OFFENSE
124$500 fine and probation
128denial of licensure or
132revocation
133(b) Having commited fraud or deceit in securing any license or permit. (Section 146548.071(2), F.S.148)
149MINIMUM
150MAXIMUM
151FIRST OFFENSE
153$1000 fine and probation
157denial of licensure or
161$5000 fine and suspension
165to be followed by a term of
172probation
173SECOND OFFENSE
175$5000 fine and suspension
179denial of licensure
182or $5000 fine and
186revocation
187(c) Having an 190officer, trustee, partner, director, or owner 196who has been convicted of, having 202pleaded guilty to, or having entered a plea of nolo contendere to, or having been found guity of a crime involving moral turpitude in any jurisdiction within 10 years preceding the suspension or revocation. (Section 237548.071(3), F.S.239)
240MINIMUM
241MAXIMUM
242FIRST OFFENSE
244$500 fine and probation
248denial of licensure or
252$5000 fine and suspension
256to be followed by a term of
263probation
264SECOND OFFENSE
266$1000 fine and suspension
270denial of licensure
273or $5000 fine and
277revocation
278(d) Being guilty of unprofessional or unethical conduct. (Section 287548.071(4), F.S.289)
290MINIMUM
291MAXIMUM
292FIRST OFFENSE
294$250 fine
296denial of licensure or
300$5000 fine and suspension
304to be followed by a term of
311probation
312SECOND OFFENSE
314$500 fine and probation
318denial of licensure or
322$5000 fine and revocation
326(e) Having made a misstatement of a material fact, fraudulently concealed a material fact, or induced or aided another person in misstating or concealing any material fact in any application or other proceeding under Chapter 548, F.S. (Section 364548.071(5), F.S.366)
367MINIMUM
368MAXIMUM
369FIRST OFFENSE
371$1000 fine
373denial of licensure or
377$5000 fine and suspension
381to be followed by a term of
388probation
389SECOND OFFENSE
391$2000 fine and probation
395denial of licensure or
399$5000 fine and revocation
403(f) Having loaned her or his license or permit to another person or having borrowed or used the license or permit of another. (Section 427548.071(9), F.S.429)
430MINIMUM
431MAXIMUM
432FIRST OFFENSE
434$1000 fine and probation
438denial of licensure or
442$2000 fine and suspension
446to be followed by a term of
453probation
454SECOND OFFENSE
456$300 fine and suspension
460denial of licensure or
464$5000 fine and revocation
468(g) Having employed a person who does not hold a license or permit as required by law. (Section 486548.071(10), F.S.488)
489MINIMUM
490MAXIMUM
491FIRST OFFENSE
493$500 fine
495denial of licensure or
499$1000 fine and suspension
503to be followed by a term of
510probation
511SECOND OFFENSE
513$3000 fine and probation
517denial of licensure or
521$5000 fine and revocation
525(h) Having been disciplined by the commission or similar agency or body of any jursidiction. (Section 541548.071(12), F.S.543)
544MINIMUM
545MAXIMUM
546FIRST OFFENSE
548$1000 fine and same penalty
553denial of licensure or
557imposed by the other
561$5000 fine and suspension
565jurisdiction
566to be followed by a term of
573probation or revocation
576SECOND OFFENSE
578$3000 fine and same penalty
583denial of licensure or
587imposed by the other
591$5000 fine and
594jurisdiction
595revocation
596(i) Having failed to pay a fine imposed under Chapter 548, F.S. (Section 609548.071(13), F.S.611)
612MINIMUM
613MAXIMUM
614FIRST OFFENSE
616$1000 fine
618denial of licensure or
622$3000 fine and suspension
626to be followed by a term of
633probation or revocation
636SECOND OFFENSE
638$5000 fine and probation
642denial of licensure or
646$5000 fine and revocation
650(2) Based upon consideration of the following factors, the commission may impose disciplinary action other than the penalties recommended above:
670(a) The danger to the public;
676(b) The length of time since date of violation;
685(c) The number of complaints filed against the licensee;
694(d) The length of time licensee or registrant has practiced;
704(e) The actual damage, physical or otherwise, caused by the violation;
715(f) The deterrent effect of the penalty imposed;
723(g) The effect of the penalty upon the licensee’s or registrant’s livelihood;
735(h) Any efforts for rehabilitation;
740(i) The actual knowledge of the licensee or registrant pertaining to the violation;
753(j) Attempts by licensee or registrant to correct or stop violations or refusal by licensee or registrant to correct or stop violations;
775(k) Related violations against a licensee or registrant in another state including findings of guilt or innocence, penalties imposed and penalties served;
797(l) Actual negligence of the licensee or registrant pertaining to any violations;
809(m) Any other mitigating or aggravating circumstances.
816(3) The provisions of subsections (1) and (2) above shall not be construed so as to prohibit civil action or criminal prosecution, and the provisions of subsections (1) and (2) above shall not be construed so as to limit the ability of the commission to enter into binding stipulations with accused parties as per Section 871120.57(3), F.S.
873(4) In every case the commission imposes a monetary fine, it shall also suspend the Respondent’s license(s). However, to enable the Respondent to pay the fine, the suspension shall be stayed for the time period specified in the commission’s final order. If the fine is paid within that time period, the suspension shall not take effect; if the fine is not paid within that time period, then the stay shall expire and the suspension shall take effect. Thereafter, upon payment of the fine, the suspension shall be lifted.
961Rulemaking Authority 963548.003 FS. 965Law Implemented 967548.071, 968548.075 FS. 970History–971New 3-14-13.