The Commission proposes to promulgate and adopt the new rule to set forth the obligations for professional licenses licensed under Chapter 458, F.S., for professional post-match reports to be filed, penalties for filing reports late. And by moving ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

State Boxing Commission

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The Commission proposes to promulgate and adopt the new rule to set forth the obligations for professional licenses licensed under Chapter 458, F.S., for professional post-match reports to be filed, penalties for filing reports late. And by moving the requirements to a chapter designated strictly for professional licensees and updating the rule to match industry standards

SUMMARY: The new rule will set forth the requirements for professional post-match reports required to be filed and the penalties for filing late reports.

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 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 rule is mandated by statute and the rule will not require ratification by the Legislature because all costs of the rule are required by the statute. 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: 548.003 FS.

LAW IMPLEMENTED: 548.003(2), 548.046, 548.057 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: Paul Waters, Executive Director, Florida State Boxing Commission, 1940 North Street, Tallahassee, Florida 32399-1016

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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

(1) The promoter shall retain a copy of a written statement showing the distribution of the purse, which statement shall include each item of receipt and each expenditure or deduction, certified by the promoter to be correct, with receipted vouchers for all expenditures and deductions for a period of five (5) years and shall provide such copy to the commission if requested to do so.

(2) The manager shall retain a copy of the manager’s statement of distribution of the purse to the participant, certified by the manager to be correct, with receipted vouchers for all expenditures and deductions for a period of five (5) years and shall provide such copy to the commission if requested to do so.

(3) 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 January 2010, 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-.

(4)(a) Failure to file either or both the report and tax payment within the time provided in Section 548.06, F.S., shall result in a daily fine of 10 percent of the amount of the tax payment due or $25, whichever is greater. A fine is calculated based upon the 10 percent of the tax payment due, such fine shall not exceed $5,000. The fine shall accrue the day following the end of the time provided for above and shall continue for each day that either or both the report is not filed or the tax payment remains unpaid.

(b) If the report and tax payment filed with the commission is determined to be understated, the fine assessment shall apply to the balance remaining after crediting the tax payment filed. The fine shall start to accrue 72 hours following notice of the underpayment being issued to the promoter responsible for the tax payment.

Rulemaking Authority 548.003 FS. Law Implemented 548.053, 548.06, 548.075 FS. History– New ­­­­­______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: State Boxing Commission

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 17, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 14, 2014