The purpose and effect of the proposed rule is to set forth the criteria to permit amateur sanctioning organizations to hold tournaments outside of the adopted health and safety standards.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

State Boxing Commission

RULE NO.:RULE TITLE:

61K1-4.028Tournaments

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to set forth the criteria to permit amateur sanctioning organizations to hold tournaments outside of the adopted health and safety standards.

SUMMARY: The proposed rule sets forth the criteria to permit amateur sanctioning organizations to hold tournaments outside of the adopted health and safety standards.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Commission conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 548.003(2) FS.

LAW IMPLEMENTED: 120.542, 548.003, 548.006, 548.0065 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: John MacIver, Assistant General Counsel, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61K1-4.028 Tournaments Variances.

(1) The rules adopted by the commission shall be followed for every match held in the state of Florida unless a variance is permitted by the commission under Section 120.542, F.S. Pursuant to Section 120.542, F.S., if an amateur sanctioning organization wishes to hold a tournament using standards that vary from the rules of the commission, the amateur sanctioning organization may petition the commission for a variance from commission rules to use its tournament standards for the tournament. The commission shall review the petition to determine whether the applicant can adequately demonstrate that the health and safety of participants and the public will be or has been achieved for the duration of the tournament by the applicant.

(2) To request a variance from the commission’s rules for tournaments, the amateur sanctioning organization must comply with the following requirements:

(a) At least 90 days prior to the scheduled tournament, submit a petition for variance pursuant to Section 120.542, F.S. The petition must include all information as required by Section 120.542, F.S. and Rule 28-104.002, Florida Administrative Code. In lieu of creating its own petition, an amateur sanctioning organizations may choose to complete the complimentary Form DBPR-FSBC 10, entitled “Petition for Amateur Sanctioning Organization Tournaments Variance from Rules”, effective March 2013, adopted and incorporated herein, which may be obtained at ____________________________. The petition shall include the exact dates of the tournament for which the variance is requested, the location of the tournament, and a description of how the variance to the rules serves to ensure the health, safety and well-being of the amateurs participating in the matches and the public.

(b) Submit a copy of the standards created by the amateur sanctioning organization that it proposes to use at the tournament, with the petition. The standards shall address the following topics:

1. Ring requirements;

2. Conduct of bout;

3. Weight classes;

4. Weigh-in;

5. Pre-match physical;

6. Apparel;

7. Bandages and handwraps;

8. Gloves;

9. Insurance requirements;

10. Emergency medical equipment; and

11. Other equipment.

(3) Approved variances from the rules adopted by the commission shall be limited to the duration of the tournament at the location of the tournament noticed to the commission office. Any matches held prior to or following the tournament or at any location other than the venue of the tournament noticed to the commission shall be held in accordance with the rules adopted by the commission. Application of any approved rule variance to any matches not held during the tournament noticed to the commission office at the time of the petition shall be considered a violation of the rules of the commission and shall subject the amateur sanctioning organization to discipline.

(4) Petition for Variance for multiple tournaments:

(a) If the amateur sanctioning organization wishes to hold a tournament under the previously approved rules variance on a reoccurring basis, it need not reapply for the variance for each tournament.

(b) Once the rules variance is approved by the commission, the amateur sanctioning organization shall inform the commission office when and where they intend to use the previously submitted and approved rules variance no later than 14 days prior to the tournament. The amateur sanctioning organization may then use the previously approved rules variance at the tournament following notice to the commission.

(5) Commission representatives shall attend each tournament for which a variance is allowed to ensure the amateur sanctioning organization applies the rules variance approved by the commission.

Rulemaking Authority 548.003(2) FS. Law Implemented 548.003, 548.006, 548.0065 FS. History–New___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida State Boxing Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida State Boxing Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 30, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 19, 2012