The purpose and effect of the proposed rulemaking is to clarify the obligations of the commission, the commission staff, and commission officials and terminology used in Chapter 548 and the rules, and removes unnecessary and burdensome language.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
State Boxing Commission

RULE NO.: RULE TITLE:
61K1-1.002: Definitions
61K1-1.00241: Code of Conduct for Commissioners, Commission Staff, and Commission Officials
61K1-1.0025: Executive Director, Duties and Responsibilities
61K1-1.050: Method of Payment
61K1-1.070: Administrative Complaints
PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to clarify the obligations of the commission, the commission staff, and commission officials and terminology used in Chapter 548 and the rules, and removes unnecessary and burdensome language.
SUMMARY: The proposed rules clarify the obligations of the commission, the commission staff, and commission officials and terminology used in Chapter 548 and the rules, and removes unnecessary and burdensome language.
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, F.S.
LAW IMPLEMENTED: 548.002, 548.003, 548.004, 548.006, 548.007, 548.011, 548.013, 548.017, 548.021, 548.046, 548.056, 548.057, 548.06, 548.06
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: R. Kathleen Brown-Blake, 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:

61K1-1.002 Definitions.

The definitions contained in Section 548.002, F.S., apply equally herein unless expressly indicated otherwise. As used in the rules adopted by the commission this chapter the term:

(1) “Announcer” means an individual who has the authority to make all announcements during a pugilistic event.

(2) “Bonafide nonprofit school or education program”, for the purposes of Section 548.007, F.S., means a non-profit organization granted 501(c)(3) status by the Internal Revenue Service.  The school or education program must be at a fixed physical address in a physical building with standard hours of operation and standard instructional courses in boxing or kickboxing, and/or martial arts. 

(3) “Booking Agent” means an individual who engages in participant or management company activities for pugilistic performances.

(1) “Broadcast” means any audio or visual image sent by radio or television signals.

(2) “Closed Circuit Telecast” means any telecast which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast and includes the term “pay per view”. Examples of locations where a closed circuit telecast could occur include arenas, bars, clubs, entertainment or meeting centers and private residences.

(4) “Commission Official” means an individual who is designated by the commission to represent the commission in an official capacity for specific purposes.  Commission Officials include event coordinators, timekeepers, chief inspectors, and inspectors.

(5)(3) “Contact Exhibition” means any exhibition in which the participants intend, are allowed, or are expected to hit, punch, or contact each other in any way.

(6)(4) “Counted Out” means that a participant has been knocked down and the referee and knockdown timekeeper have performed the appropriate count as set forth in these rules, and the completion of such count signifies that the participant has been knocked out.

(7) “Employee of the Commission” or “Commission Staff” means the executive director, and, to the extent they are assigned to work for the commission, any full time or part time salaried employees of the Department of Business and Professional Regulation, and all OPS employees of the Department of Business and Professional Regulation, except those OPS employees determined to be independent contractors and who are not involved in making policy decisions for the commission. This definition is only for the purposes of implementing Chapter 548, F.S., Rule Chapter 61K1, F.A.C., and does not confer employee status for any other purpose.

(8) “Event Official” means an individual who is licensed by the commission and assigned by the commission office to work in their licensed capacity at an event.  Event Officials include referees, timekeepers, judges, and ringside physicians.

(9)(5) “Face Value” means the dollar value of a ticket which value shall reflect the dollar amount that the customer is required to pay or, for complimentary tickets, would have been required to pay to purchase a ticket with equivalent seating priority, in order to view the match or program of matches. It shall include any charges or fees, such as dinner, gratuity, parking, surcharges or any other charges or fees which must be incurred in order to be allowed to view the match. However, if the ticket specifies the amount of admission charges attributable to state or federal taxes, such taxes shall not be included in face value.

(10)(6) “Fight Card” means a program of matches collectively, all of the matches that are scheduled or proposed to be scheduled under the same permit.

(7) “Gross Receipts” means the gross price charged for the sale or lease of broadcasting, television and motion picture rights without any deductions for commissions, brokerage fees, distribution fees, advertising, or other expenses or charges; the portion of the receipts from the sale of souvenirs, programs and other concessions received by the promoter or concessionaire; and the face value of all tickets sold and complimentary tickets issued.

(8) “Kickboxing” means to compete with the fists, feet, legs, or any combination thereof. Offensive full-contact professional karate punching, kicking, and striking techniques, with the exception of those techniques identified herein as fouls, are appropriate.

(11)(9) “Main Event” means the principal match or matches within a program of matches.

(12) “Matches held in conjunction with instruction”, for the purposes of Section 548.007, F.S., means a practice bout or sparring session used to display skills obtained from instruction in the techniques used in boxing, kickboxing, and/or martial arts.  The instruction is received both prior to the match as well as during the match from trainers and/or the referee.  The matches shall be between two students of the school.  The term “matches held in conjunction with instruction” does not mean matches that have any of the following: 

(a) The use of a third party promoter;

(b) Advertising of the match;

(c) Sales of tickets to the general public to attend the match;

(d) The use of judges;

(e) Scoring;

(f) Time constraints, including numbers of rounds required;

(g) Sponsors for the matches.

(10) “Mixed Martial Arts” means unarmed combat that includes, but is not limited to, a combination of skills such as wrestling, grappling, kickboxing, boxing and other martial arts. Variations of kickboxing that include strikes using forearms or knees are included in this definition for permitting purposes only and shall be referenced using their known titles such as, but not limited to, Muay Thai or Thai Boxing.

(11) “Person” means an individual, group of individuals, business, corporation, partnership or any other individual or collective entity.

(12) “Physician” means an individual licensed under Chapter 458 or 459, F.S., to provide medical services to participants and other persons under the jurisdiction of the commission before, during, and after matches pursuant to Chapter 548, F.S.

(13) “Program of Matches” means, collectively, all of the matches that are scheduled or proposed to be scheduled under the same permit.

(14) “Cable System Operator” means any person who broadcasts or telecasts a closed circuit telecast regardless of the technology used to transmit or receive the broadcast or telecast.

(15) “Employee of the Commission” means the executive director, the commission’s legal counsel, and, to the extent that they are assigned to work for the commission, any full time or part time salaried employee of the Department of Business and Professional Regulation, and all OPS employees of the Department of Business and Professional Regulation, except those OPS employees determined to be independent contractors and who are not involved in making policy decisions for the commission. This definition is only for the purposes of implementing Chapter 548, F.S., Rule Chapter 61K1, Florida Administrative Code, and Pub. L. 104-272, October 9, 1996, as set forth in Title 15, Section 6301-6313, USCA, and does not confer employee status for any other purpose.

(13) “Purchasing Agent” means an individual employed by or designated by the commission as responsible for purchasing materials, supplies, equipment, and other articles for the commission.

(14) “Referee” means an individual who enforces the rules relating to the conduct of a bout.

(15) “Ringside” means within the first row of spectator seats or closer to the ropes of the ring or the outside edge of the cage.

(16) “Registry” means any central repository or collection of match records that is subsequently approved by the commission.

(17) “Sparring” or “To Spar” means to compete with a participant or an amateur in a practice bout without scoring.

(18) “Student of the school or instructional program”, for the purposes of Section 548.007, F.S., means the student/amateur who receives instruction at the physical address of the school, in boxing, kickboxing, and/or martial arts, by instructors employed by the school qualifying for exemption under Section 548.007(1), F.S. 

(19) “Timekeeper” means an individual who is assigned the duties to maintain the time for each round during a pugilistic event. 

(20) “Trainer” means an individual who prepares the participant for the match in which he or she is to engage. 

Rulemaking Authority 548.003 FS. Law Implemented 548.002, 548.006, 548.007, 548.013, 548.017, 548.021, 548.046, 548.057, 548.06, 548.061 FS. History– New 2-7-85, Formerly 7F-1.02, Amended 4-6-89, Formerly 7F-1.002, Amended 9-10-95, 11-20-95, 4-3-00, 6-1-0, __________.

61K1-1.00241 Code of Conduct for Commissioners, Commission Staff, and Commission Officials.

In conformity with Section 548.003(2)(a), the commission adopts and incorporates Chapter 112, Part III, Florida Statutes, Code of Ethics for Public Officers and Employees. 

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2)(a). History– New ­­­­­______.

61K1-1.0025 Executive Director, Duties and Responsibilities.

(1) The executive director shall:

(a) Maintain offices in the official headquarters of the commission located in Tallahassee, Florida;

(a)(b) Perform all administrative functions to ensure that the commission operates and conducts its business in a lawful manner;

(b)(c) Be the custodian of records for the commission;

(c) (d) Ensure that proper notice and recording is made of all meetings of the commission;

(d)(e) Attend all meetings of the commission;

(e)(f) Tentatively approve, issue, withhold or deny licenses and permits according to the provisions of Chapter 548, F.S., and the rules set forth herein adopted by the commission;

(f)(g) Be present at all matches and act as the commission representative in charge or, in the executive director’s absence, appoint an assistant executive director or an employee or staff member of the commission to be the commission representative in charge;

(g)(h) Ensure that all matches are conducted in accordance with the provisions of Chapter 548, F.S., and the rules set forth herein adopted by the commission. This shall include appointing or causing to be appointed licensed match event officials, in accordance with the criteria established within these rules, and reviewing and approving or disapproving a match or fight card based on, but not limited to, the prospective participant’s weight, ability, record, and physical condition. The executive director shall not approve a match where it is reasonable to believe, based on weights, abilities, records, or physical condition of the prospective participants, that the match would not be competitive, would be physically unsafe for one or both participants, would be in conflict with the suspension requirements imposed by any other jurisdiction’s boxing commission against one or both participants, except as provided for in Pub. L. 104-272, October 9, 1996, as set forth in Title 15, section 6306(b), USCA, or would not be in the best interest of the sport or the welfare of the public;

(h)(i) Issue or cause to be issued administrative complaints and citations as set forth herein; and

(i)(j) Shall have the authority to affix the executive director’s signature to documents which attest to or represent official commission action.

(2) The executive director or any other employee of the commission shall not have any financial or pecuniary interest in any person under the jurisdiction of the commission.

(2)(3) The executive director shall be responsible for notifying the commission of any violation which would be grounds for suspension or revocation of any person’s license, of violations that could cause the cancellation of a match or any matter which could reasonably be anticipated to negatively affect the health of a participant, the safety and welfare of the public or result in legal action being taken against the commission.

(4) The executive director, employees, and commission representatives, while acting in their official capacity, shall be reimbursed for travel, food, and lodging expenses as provided for in Section 112.061, F.S.

Rulemaking Authority 548.003 FS. Law Implemented 548.004, 548.006, 548.011, 548.056 FS. History–New 4-6-89, Amended 1-1-90, Formerly 7F-1.0025, Amended 9-10-95, 4-3-00, 6-1-04, ________________.

61K1-1.050 Method of Payment.

(1) Payment of fees and taxes shall be made by cash, check, cashier’s check or money order.

(2) If a check is returned for non-sufficient funds the commission shall:

(a) Advise the issuer at his last known address of the non-sufficient funds check and allow him 10 business days to provide a cashier’s check or money order in an amount equal to the non-sufficient funds check and the returned check processing fee;

(b) If the issuer fails to provide the commission with a cashier’s check or money order for the correct amount within the prescribed time, the commission shall cancel any licenses or permits issued or tentatively approved for which the non-sufficient funds check was presented. If the non-sufficient funds check was for the payment of taxes for a program of matches or closed circuit telecast, a fine of 10 percent of the payment due or $25, whichever is greater, shall also be assessed for each day that the non-sufficient funds check and returned check processing fee remain unpaid after notification. Further, the commission shall recover the debt using the means available to the state to collect debts due the state.

(c) If a non-sufficient funds check is corrected within the prescribed time, the commission shall continue to accept checks from the issuer. However, any person who submits two non-sufficient funds checks within a 12-month period shall not be allowed to make payments to the commission in the form of a check for a period of 12 months.

Rulemaking Authority 548.003 FS. Law Implemented 548.006 FS. History–New 4-6-89, Formerly 7F-1.050, Amended 9-10-95, Repromulgated 6-1-04, Amended________..

61K1-1.070 Administrative Complaints.

(1) The department has authority to find probable cause and shall executive director shall issue or cause to be issued all administrative complaints.

(2) The commission shall issue all final orders, provided however that the executive director shall be delegated the authority to affix his signature to documents which attest to or represent official commission action.

Rulemaking Authority 548.003 FS. Law Implemented 548.004, 548.006 FS. History–New 4-6-89, Formerly 7F-1.070, Amended 9-10-95, 4-3-00 ,Repromulgated 6-1-04, Amended________.

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: