DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
RULE NO.: RULE TITLE:
61-42.001: Definitions
61-42.002: Investigations and Legal Services
61-42.003: Unsanctioned Amateur Events
61-42.004: MediationNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38 No. 30, July 27, 2012 issue of the Florida Administrative Register.
61-42.001 Definitions
No change.
61-42.002 Investigative Investigations and Legal Services
(1)(a)The department shall investigate, on behalf of the commission, any complaint that is filed with the department in writing, signed by the complainant, legally sufficient, and under the jurisdiction of the State of Florida. A complaint is legally sufficient if it contains facts that show a violation of Chapter 548, F.S. or the rules of the commission this chapter, of any of the practice acts relating to the professions regulated by the commission, or of any rule adopted by the commission. In order to determine legal sufficiency, the department may require supporting information or documentation. The department may investigate and take appropriate final action on a complaint even though the original complaint is withdrawn or the complainant indicates a desire not to cause the complaint to be investigated or prosecuted to completion.
(1)(b) through (11) No change.
(12) All fines, fees, and costs collected through the procedures set forth in this section shall be allocated to the Professional Regulation Trust Fund Florida State Boxing Commission Trust Fund for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.
Specific Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New ____________.
61-42.003 Unsanctioned Amateur Events
(1) through (2) No change.
(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 61-41.002, F.A.C. If the subject disputes the matter in the citation, the procedures set forth in Rule 61-41.002, 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) through (f) No change.
(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 the Department shall forward notice of criminal violations to the proper prosecuting authority in accordance with 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 Florida State Boxing Commission Trust Fund for the allocation of the fees assessed and collected to combat unlicensed practice of a profession.
Specific Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New _____________.
61-42.004 Procedure for Mediation.
(1) through (8) No change.
(9) To determine whether the department will approve a licensee's participation in the mediation process more than three times, the department shall consider factors including the subject, date, disposition, and number of complaints against the licensee, and the licensee's history of compliance with commission board or department orders.
Specific Authority 548.003(8) FS. Law Implemented 548.003(8) FS. History–New _________________.
