The Board proposes an amendment that updates the rules for clarity, updates and incorporate forms, and to comply with legislative changes.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Athletic Commission

RULE NO.:RULE TITLE:

61K1-3.001Licenses, Permits; Requirement, Procedure and Period, Fees, Fight Card Approval

61K1-3.002Promoter and Matchmaker; Licensing and Bond; Duties and Conduct

61K1-3.004Physician; License and Duties; Authority

61K1-3.005Manager; License; Contract Between Manager and Participant

61K1-3.006Contracts Between Managers and Participants

61K1-3.007Participant; License; Conduct and Other Requirements

61K1-3.008Judge; License and Duties

61K1-3.011Second; License and Duties

61K1-3.013Trainer; License and Conduct

61K1-3.016Pre-Match Physical of Participant and Referee

61K1-3.020Post-Match Physical Requirements; Suspensions

61K1-3.021Professional Post-Match Reports Required to be Filed; Penalty for Late Filing

61K1-3.026Disciplinary Guidelines

PURPOSE AND EFFECT: The Board proposes an amendment that updates the rules for clarity, updates and incorporate forms, and to comply with legislative changes.

SUMMARY: The proposed rules are updated to provide clarity, to update existing language, and update and

incorporate outdated forms and comply with legislative changes.

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: During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

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: 455.2273(3), 548.003, 548.041(1)(c), 548.046(2), 548.06, 548.071, 548.075, F.S.

LAW IMPLEMENTED: 455.2273(3), 548.002, 548.003(2), 548.006, 548.011, 548.012, 548.014, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.037, 548.041(1)(c), 548.046, 548.046(1), 548.046(2), 548.047, 548.049, 548.05, 548.052, 548.053, 548.054, 548.056, 548.06, 548.066, 548.071, 548.075, F.S.

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: Timothy L. Shipman, Executive Director, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, FL 32399-1016 or telephone [phone], or by electronic mail to [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61K1-3.001 Licenses, Permits; Requirement, Procedure and Period, Fees, Fight Card Approval.

(1) License; Requirement, Procedure and Period, Fee.

(a) No Change.

(b) Licensing Procedure and Period.

1. All applications for a license shall be in writing on a form BPR-0009-450, “Application for License” (06/23) effective September 2015, hereby incorporated by reference and available at https://www.myfloridalicense.com/intentions2.asp, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-________07423, provided by the commission, verified by the applicant, with any required attachments, and accompanied by the required fee.

2. Through 4. No Change.

(c) No Change.

(2) Permit; Requirement, Procedure and Period, Fee.

(a) No Change.

(b) Issuance of Permits.

1. To obtain a permit for a live event, the promoter must submit:

a. No Change.

b. Complete permit application on Form BPR-0009-454 “Application for Permit,” (06/23) effective January 2015, adopted and incorporated herein, which may be obtained on the “Boxing, Kickboxing, & Mixed Martial Arts” link at https://www.myfloridalicense.com/intentions2.asp; or at http://www.flrules.org/Gateway/reference.asp?No=Ref-________07424;

c. Through e. No Change.

2. No change.

(c) Through (h) No Change.

(3) Fight card approval.

(a) No Change.

(b) To obtain approval of a fight card for a live event, the promoter must submit:

1. Form BPR-0009-456, “Proposed Fight Card,” (06/23) effective July 2014, adopted and incorporated herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-________07425, no less than 7 days prior to the scheduled event. Each proposed fight card must have a minimum of 24 rounds boxing, and 21 rounds for mixed martial arts events.

2. No Change.

(c) Each proposed Pro Debut participant shall complete Form BPR-0009-480 “Pro Debut Information Sheet,” (06/23) effective September 2015, incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-______07426, and shall submit supporting documentation of five (5) amateur fights by an amateur sanctioning organization along with the other required Fight Card Approval documentation. See Rule 61K1-3.055, F.A.C., for additional requirements regarding Pro Debut participants.

Rulemaking Authority 548.003 FS. Law Implemented, 548.012, 548.014, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035 FS. History–New 10-27-16, Amended 10-25-20,_____________________.

 

61K1-3.002 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct.

(1) Licensing and Bond.

(a) Through (d) No Change.

(e) Bond or Other Security, Requirements.

1. Through 3. No Change.

4. A bond or additional bond shall be acceptable if the following conditions are met:

a. The bond or additional bond shall be on a form provided by the commission and shall have attached a power of attorney, which power of attorney shall not have an expiration date. The promoter shall use Form BPR-0009-465, entitled “Surety Bond for Promoter” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-________, incorporated herein by reference and effective May, 1990, and shall use Form BPR-0009-472, entitled “Additional Surety Bond for Promoter” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref_________; incorporated herein by reference and effective May, 1990

b. Through d. No Change.

5. Other security may be provided in lieu of the bond or additional bond provided the following conditions are met:

a. Through d. No Change.

e. The promoter shall use Form BPR-08-468, entitled “Security in Lieu of Bond for Promoter” (06/23), incorporated herein by reference and which may be obtained from the Commission office or http://www.flrules.org/Gateway/reference.asp?No=Ref-________effective May, 1990, and shall use Form BPR-08-471, entitled “Additional Security in Lieu of Bond for Promoter” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-_________ incorporated herein by reference and effective May, 1990.

(2) Duties and Conduct.

(a) Through (h) No Change.

(i) The promoter shall be responsible for ensuring that each participant scheduled to be engaged in a match shall have received any medical examination deemed necessary by the commission through its executive director, and that an ophthalmic examination has been performed within the immediate past 12-month period. The participant’s medical history including the results of the physician’s pre-bout and post-bout evaluation of the participant shall be recorded on Form BPR-0009-455, “BOXING/KICKBOXING/MIXED MARTIAL ARTS – PARTICIPANT MEDICAL HISTORY” (06/23), incorporated and adopted herein, which may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-__________. The results of the examinations shall be filed with the commission prior to the match. The promoter, participant and examining professional shall utilize Form BPR-0009-455, entitled Participant Information and Medical Sheet, incorporated herein by reference and effective June 21, 2004 or a form submitted by the examining professional which form provides the same information as required in Form BPR-0009-455.

(j) No Change.

(k) The promoter shall be responsible for acquiring insurance as described in Rule 61K1-3.015 1.0035, F.A.C., of these rules.

(l) through (p) No Change.

(q) The promoter shall be responsible for providing the proper arena equipment, seating and services as described in Rule 61K1-3.019 1.006, F.A.C., of these rules, facilities, personnel, ushers, ticket sellers, security and other equipment, services or personnel necessary to provide for the correct handling of the program of matches. The promoter is solely responsible for ensuring that adequate security is on site and prepared to immediately respond to any situation. If the seating capacity relative to a live event permit is filed with a seating capacity of 2,000 or greater, the promoter shall ensure that, in addition to other regular security, a minimum of 2 certified law enforcement officers are located immediately adjacent to each of the red and blue corners and that additional certified law enforcement officers are located within the premises of the program of matches in positions to have a clear and unobstructed view of the ring and are able to immediately respond to their fellow officers at ringside.

(r) Through (u) No Change.

Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.012, 548.014, 548.017, 548.028, 548.032, 548.037, 548.046, 548.049, 548.05, 548.052, 548.053, 548.054, 548.066, 548.071 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.05, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.005, Amended 9-10-95, 4-3-00, 6-21-04, Formerly 61K1-1.005, Amended 10-25-20,____________.

 

61K1-3.004 Physician; License and Duties; Authority.

(1) License.

(a) No person shall act as a physician in any match held in Florida without first having obtained a physician license as required by  pursuant to Chapter 548, F.S.

(b) Through (c) No Change.

(2) In addition to the duties, responsibilities and authority outlined in Rules 61K1-1.004, 61K1-1.0043, 61K1-1.012, 61K1-1.019, 61K1-1.035, and 61K1-1.037, F.A.C., of these rules, a physician shall also have the following duties, responsibilities, and authority:

(a) Through (c) No Change.

(d) Whenever a knockout occurs in any match, the physician shall examine the participant knocked out at the time of the knockout and in the dressing room immediately after the match. In the event of a knockout or other serious injury, the physician shall remain on the premises to provide medical attention as needed. When the physician is satisfied that the injured or knocked out participant has recovered to the extent that the physician releases the participant from the physician’s care, the physician shall, prior to releasing participant, instruct participant as to the danger signs of which the participant should be aware and which would indicate the need to seek immediate medical attention. The physician shall give to the injured participant Form BPR-0009-458, entitled “Post-Match Physical Examination Report” (1/10), incorporated herein by reference. The form can be obtained from the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016.

(e) No Change.

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.021, 548.046, 548.047 FS. History–New 2-7-85, Formerly 7F-1.10, Amended 5-8-88, 4-6-89, 5-13-90, Formerly 7F-1.010, Amended 9-10-95, 4-3-00, 6-1-04, 12-6-10, Formerly 61K1-1.010, Amended_________.

 

61K1-3.005 Manager; License; Contract Between Manager and Participant.

(1) No Change.

(2) Conduct of Manager.

(a) Through (c) No Change.

(d) A manager may verbally coach a participant during a round. A manager shall not use profanity or inappropriate language or excessively coach his or her participant while working in the corner. The executive director or commission representative shall determine whether a manager’s coaching or behavior is excessive, inappropriate, disruptive, or otherwise, unbefitting a sportsman. A manager attempting by word or action, to heckle or annoy his or her participant’s opponent or any official is strictly prohibited. A manager shall not enter the corner ring, or fenced area at any time during the match and not interfere with the conduct of a match during the match. If any manager enters the ring or fenced area during any match, the match shall be temporarily stopped and the manager shall be immediately ejected by the referee, and the referee shall order the match to continue. If any manager enters the ring during any match, the match shall be forfeited to the opposing participant. Whenever a person licensed as a manager in this state desires to work in the corner of a participant under contract to the manager, the manager shall be designated a second and shall be deemed to be a second for that specific bout without the need to apply for a second license. When working in such capacity, the manager shall comply with the requirements set forth for seconds in Rule 61K1-3.011 1.018, F.A.C., of these rules.

(e) Through (f) No Change.

(g) Professional debut certification shall be made to the executive director or commission representative prior to or at the time of the weigh-in by completing and signing Form BPR-0009-480 the Pro Debut Information Sheet Release Form as incorporated by reference in Rule 61K1-3.001, F.A.C. herein effective 6-1-04.

(h) Through (j) No Change.

(3) Contracts Between Manager and Participant.

(a) Through (f) No Change.

(g) All contracts entered into in Florida between a manager and a participant, and all such contracts entered into outside of Florida involving participants and managers licensed by or subsequently licensed by the commission, shall expressly contain all provisions specifically as worded in Form BPR-0009-451, entitled Letter of Agreement Between Participant and Manager, incorporated herein by reference and effective May, 1990, and if they do not, shall be deemed to contain such provisions as required by Section 548.05(2), F.S.

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.05, 548.053, 548.054, 548.056 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.11, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.011, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.011 Amended_________.

 

61K1-3.006 Contracts Between Managers and Participants.

(1) All contracts entered into between a manager and a participant shall utilize Form BPR-0009-451, “Letter of Agreement Between Participant and Manager,” (06/23) revised April, 2015, adopted and incorporated herein by reference, which may be obtained from the Commission office, http://www.flrules.org/Gateway/reference.asp?No=Ref-______06049 or at http://www.myfloridalicense.com/dbpr/pro/sbc/documents/451_letter_of_agreement_part_and_man.pdf.

(2) No Change.

Rulemaking Authority 548.003 FS. Law Implemented 548.05 FS. History–New 11-26-15,_ Amended_________.

 

61K1-3.007 Participant; License; Conduct and Other Requirements.

(1) License.

(a) Through (b) No Change.

(c) Any person desiring to become licensed as a participant shall submit Form DBPR-0009-450, “Application for License,” which is incorporated in Rule 61K1-3.001, F.A.C. effective September 2015, adopted and incorporated herein, which may be obtained at https://www.myfloridalicense.com/intentions2.asp, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-07439.

(d) Each participant shall submit to an ophthalmological examination conducted by a licensed and certified ophthalmologist or certified optometrist. The Participant and ophthalmologist or optometrist shall complete Form BPR-0009-665, “Dilated Ophthalmological Examination,” (06/23) effective December 2014, adopted and incorporated herein by reference, which may be found at https://www.myfloridalicense.com/intentions2.asp, or at http://www.flrules.org/Gateway/reference.asp?No=Ref-_______07428, and shall be submitted to the commission with the application for licensure.

(e) Through (i) No Change.

(2) Through (3) No Change.

Rulemaking Authority 548.003, 548.041 FS. Law Implemented 548.021, 548.041, 559.79 FS. History–New 10-27-16, Amended_________.

 

61K1-3.008 Judge; License and Duties.

(1) No Change.

(2) Applications for a professional judge license will be reviewed, evaluated, and processed in the following manner:

(a) Any person desiring to become licensed for the first time as a professional boxing, kickboxing, or mixed martial arts judge shall submit to the commission the appropriate application using Form BPR-0009-450, entitled “Application for License” (06/23) (1/10), which is incorporated in Rule 61K1-3.001, F.A.C herein by reference. The form can be obtained from the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

1. Through 3. No Change.

(b) Through (d) No Change.

(3) Duties.

(a) Through (c) No Change.

(d) Judges who are officially scoring a match shall utilize Form BPR-0009-459, entitled “Round Score Card,” (06/23) incorporated herein by reference which may be obtained from the Commission office or http://www.flrules.org/Gateway/reference.asp?No=Ref-________, and Form BPR-0009-457, entitled “Official Scorecard Match Score Card,” (06/23 1/10), incorporated herein by reference, which may be obtained from the Commission office or http://www.flrules.org/Gateway/reference.asp?No=Ref-________. The forms can be obtained from the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.056, 548.057 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.13, Amended 4-6-89, 5-13-90, 1-9-91, Formerly 7F-1.013, Amended 9-10-95, 4-3-00, 6-21-04, 12-6-10, Formerly 61K1-1.013, Amended 10-14-18,____________________.

 

61K1-3.011 Second; License and Duties.

(1) No Change.

(2) Duties.

(a) No Change.

(b) The chief second of any participant shall have with him at the ringside the following articles:

1. Through 5. No Change.

6. Proper caustics as provided in Rule 61K1-3.017 1.0043, F.A.C., of these rules to stop bleeding of minor cuts and lacerations.

(c) Through (i) No Change.

Rulemaking Authority 548.003 FS. Law Implemented 548.002, 548.003(2), 548.017, 548.056 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.18, Amended 4-6-89, 1-1-90, 1-9-91, Formerly 7F-1.018, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.018,__ Amended_________.

 

61K1-3.013 Trainer; License and Conduct.

(1) No Change.

(2) Conduct.

(a) Through (f) No Change.

(g) Professional debut certification shall be made to the executive director or commission representative prior to or at the time of the weigh-in by completing and signing Form BPR-0009-480 the Pro Debut Information Sheet Release Form as incorporated by reference in Rule 61K1-3.001, F.A.C. herein effective 6-1-04.

(h) Through (j) No Change.

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.017, 548.056 FS. History–New 4-6-89, Amended 1-9-91, Formerly 7F-1.023, Amended 9-10-95, 4-3-00, 6-1-04, Formerly 61K1-1.023, Amended_________.

 

61K1-3.016 Pre-Match Physical of Participant and Referee.

(1) Through (7) No Change.

(8) The pre-match physical examination shall be documented on Form BPR-0009-455, “BOXING/KICKBOXING/MIXED MARTIAL ARTS-PARTICIPANT MEDICAL HISTORY” as incorporated by reference in Rule 61K1-3.002, F.A.C. “Participant Information and Medical Sheet,” effective December 2014, adopted and incorporated herein by reference, which may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-08098, and which shall be completed by the participant and the physician conducting the weigh-in. Any participant who refuses to complete this form shall not be allowed to engage in any match in Florida.

(9) Participation in subsequent matches:

(a) Any participant who is suspended and issued Form BPR-0009-478, “Order of Automatic Suspension,” (06/23) effective September 2015, adopted and incorporated herein by reference, which may be obtained at http://www.flrules.org/Gateway/reference.asp?No=Ref-_________08099, by the executive director, or any similar suspension issued by any other jurisdiction shall not participate until cleared by a physician as defined by Section 548.002(18), F.S. A physician may extend a medical suspension any time he or she believes it to be in the best interest for the safety of a participant. In all cases, the decision by the physician at the pre-match physical to issue or extend a medical suspension is final and not reviewable;

(b) No Change.

(10) Through (15) No Change.

Rulemaking Authority 548.003, 548.041(1)(c), 548.046(2) FS. Law Implemented 548.041(1)(c), 548.046(1), 548.046(2) FS. History–New 4-17-17, 10-24-22,_________________.

 

61K1-3.020 Post-Match Physical Requirements; Suspensions.

(1) Through (5) No Change.

(6) The ringside physician shall give to the injured participant Form BPR-0009-455, “BOXING/KICKBOXING/MIXED MARTIAL ARTS-PARTICIPANT MEDICAL HISTORY” as incorporated by reference in Rule 61K1-3.002, F.A.C. BPR-0009-458, entitled “Post-Match Physical Examination Report” (3/15), adopted and incorporated herein by reference, which can be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06053.

(7) When a participant is suspended under this rule, the ringside physician who performs the post-match physical examination shall complete Form BPR-0009-478, “Order of Automatic Suspension,” which is incorporated by reference at Rule 61K1-3.016, F.A.C. (8/17/15) adopted and incorporated herein by reference, which may be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-06052. The order shall be signed by the executive director or by the representative of the executive director. A copy of the “Order of Automatic Suspension” shall be provided to the participant, and the commission representative.

Rulemaking Authority 548.003 FS. Law Implemented 548.041, 548.046 FS. History–New 12-2-15, Amended_____________.

 

61K1-3.021 Professional Post-Match Reports Required to be Filed; Penalty for Late Filing.

(1) Through (2) No Change.

(3)(a) Following a program of matches held in Florida, the promoter shall file with the commission as required by Section 548.06, F.S., a written report of gross receipts on Form BPR-0009-453, “Post Event Tax Report for Live Event,” effective (06/23) 11/15, adopted and incorporated herein by reference, which can be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at http://www.flrules.org/Gateway/reference.asp?No=Ref-________07397.

(b) Through (d) No Change.

(4)(a) No Change.

Rulemaking Authority 548.003, 548.06 FS. Law Implemented 548.053, 548.06, 548.075 FS. History–New 8-31-16,____________.

 

61K1-3.026 Disciplinary Guidelines.

(1) No Change.

(2) The Based upon consideration of the following factors, the commission may impose disciplinary action other than the penalties recommended above not to exceed a $5,000 fine and revocation, based upon consideration of the following factors:

(a) Through (j) No Change.

(k) Any other mitigating or aggravating circumstances.

(3) Through (4) No Change.

Rulemaking Authority 455.2273(3), 548.003, 548.071, 548.075 FS. Law Implemented 455.2273(3), 548.071, 548.075 FS. History–New 11-26-15,__ Amended_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Athletic Commission

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 13, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 12, 2024