The Commission proposes to promulgate and adopt the new rule to set procedure and requirements for professional licenses licensed under Chapter 458, F.S., by moving the requirements to a chapter designated strictly for professional licensees and ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

State Boxing Commission

RULE NO.:RULE TITLE:

61K1-3.001Licenses, Permits; Requirement, Procedure and Period, Fee, Bout Card Approval

PURPOSE AND EFFECT: The Commission proposes to promulgate and adopt the new rule to set procedure and requirements for professional licenses licensed under Chapter 458, F.S., by moving the requirements to a chapter designated strictly for professional licensees and updating the rule to match industry standards.

SUMMARY: The rule amendment will set forth obligations of professional licensees licensed under Chapter 548, F.S., by moving the requirements to a chapter designated strictly for professional licensee and updating the rule to match industry 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 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: 548.012, 548.013, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 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:

 

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

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

(a) Any person licensed as an individual shall have sole ownership of such license, and such license shall not be transferable or assignable to another.

(b) Licensing Procedure and Period.

1. All applications for a license shall be in writing on a form BPR-0009-450, “Application for License” effective January 2010,  hereby incorporated by reference and available at  https://www.myfloridalicense.com/intentions2.asp; or at http://www.flrules.org/Gateway/refernce.asp?No=Ref-. provided by the commission, verified by the applicant, with any required attachments, and accompanied by the required fee.

2. Upon receipt of an application for a license, the application shall be reviewed by the executive director, assistant executive director, or commission representative and, if the application is in compliance with the requirements of Chapter 548, F.S., and the rules adopted by the commission, a temporary license shall be issued pending final approval. If it is determined that the application is not in compliance, the applicant shall be notified why the application is not in compliance.

3. A license issued pursuant to Chapter 548, F.S., and these rules shall be valid from the date of issuance until December 31 of the year in which the license was issued. An application for the renewal of a license shall be submitted on the initial application and all of the requirements, standards, and criteria used to approve or disapprove an application for a new or initial license shall be used to approve or disapprove the application for the renewal of a license.

4. If a licensee changes its name or other legally identifying information, the licensee shall notify the commission of the change of legally identifiable information within thirty (30) days of the change of the information.

(c) License Fees. The following non-refundable fee shall accompany each application for a license:

1. Announcer$50.00

2. Judge$100.00

3. Manager$100.00

4. Matchmaker$100.00

5. Participant$25.00

6. Promoter$250.00

7. Referee$100.00

8. Second$20.00

9.Timekeeper$50.00

10.Trainer$20.00

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

(a) Permit Requirement - Live Events Held in This State

1. No promoter shall present a program of matches and no promoter shall broadcast a program of matches unless a permit has been approved by the Executive Director.

(b) Issuance of Permits

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

a. A copy of the promoter’s Florida Promoters License;

b. Complete permit application on Form BPR-0009-454 “Application for Permit”, effective October 2012, 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/refernce.asp?No=Ref-.

c. Name and license number of the matchmaker who will be used for the event;

d. The permit fee of $1,800.00;

e. The date of the event.

2. No promoter shall be given approval for or issued a permit if such person has an unpaid fine or any other outstanding obligation owed to the commission.

(a) The application shall be submitted no later than 30 days prior to the event date.  The commission office may accept permit applications up to 10 days prior to the event date upon approval from the executive director.  Extension of the deadline for application may be granted at the discretion of the executive director or his or her designee.

(b) Upon receipt of the application for permit for a live event held in this state, the executive director or his or her designee shall review the application and, if the application is in compliance with the requirements of Chapter 548, F.S., and the rules adopted by the commission, the executive director or his or her designee shall give approval to the promoter for the proposed date of the program. If the executive director determines that the application for permit is not in compliance with Chapter 548, F.S., or the rules as adopted by the commission, the executive director or his or her designee shall immediately advise the promoter that the permit application has been disapproved and shall state the reasons why. The executive director may deny an application for permit if another program of matches has previously been scheduled for the same date, and the executive director or his or her designee has determined that adequate staff would not be available to properly supervise both programs of matches or if the executive director determines adequate staff would not be available to properly supervise a single program of matches even if another program of matches is not scheduled for the same day.

(c) The promoter or matchmaker shall provide the proposed fight card and supporting fight records of participants not later than 7 calendar days prior to the proposed date of the program. Once a promoter has identified a licensed matchmaker for a specific program of matches, any proposed matches submitted by the promoter will be deemed to be received from the matchmaker. The promoter or matchmaker will be allowed to propose additional matches until 12 noon on the day prior to the scheduled program of matches. After such time, matches may only be proposed if records can be verified to the satisfaction of the executive director or his or her designee and prior to the conclusion of the weigh-in. At the conclusion of the weigh-in, no further matches may be proposed or approved. The executive director or his or her designee shall review the proposed fight card and, if he or she determines that all the proposed matches meet the requirements of Chapter 548, F.S., and the rules adopted by the commission, he or she shall approve the proposed fight card or match(s). If the executive director or his or her designee determines that the proposed fight card or match(s) is not in compliance with Chapter 548, F.S., or the rules adopted by the commission, the executive director or his or her designee shall not approve the proposed fight card and shall advise the promoter or matchmaker that the proposed fight card has been denied and the reasons for denial. Approvals and denials may be communicated for individual matches comprising the proposed fight card. If the commission office is not able to verify the participants’ ability to participate prior to the match, the participants shall not be permitted to participate in the match.

(d) All other pre-match requirements of the promoter described in Chapter 548, F.S., and the rules adopted by the commission shall be accomplished before final approval is given and the permit issued. If the executive director or his or her designee determines that the promoter is not in compliance with the requirements adopted by the commission, the executive director or his or her designee shall rescind the approval of the permit and the program of matches shall be cancelled.

(e) A permit shall only be valid for the program of matches for which it was issued.

(f) Permits shall not be issued if the program of matches is not comprised of an acceptable number of scheduled rounds in order to protect purchasers of tickets. The executive director may take into account whether or not the live event permit application for a particular sport is combined with another live event permit application for a different sport and scheduled for the same date and venue in making a determination relative to the minimum number of rounds as a condition of approval for each permit application.

(3) Fight card approval;

(a) No promoter shall present a program of matches or no promoter, shall broadcast a program of matches unless a fight card has been approved by the executive director.

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

1. Form BPR-00009-456, “Proposed Fight Card”, effective October 2012, 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/refernce.asp?No=Ref-., no less than 7 days prior to the scheduled event. Each proposed bout card must have a minimum of 24 rounds boxing, and 21 rounds for mixed martial arts events.

2. A copy of each participant’s official fight record.  If the fighters official fight record reflects the participant is suspended the suspension must be lifted by the suspending state, jurisdiction, or entity prior to the final approval of the match by the commission office.

(c) Each proposed Pro Debut participant shall complete Form BPR-0009-480 “Pro Debut Information Sheet”, effective October 2012, 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/refernce.asp?No=Ref-. and shall submit supporting document of five (5) amateur fights by an amateur sanctioning organization along with the other required Fight Card Approval documentation. See rule 61K1-3.0055, F.A.C. for additional requirements regarding Pro Debut participants.

Rulemaking Authority 548.003 FS. Law Implemented, 548.012, 548.013, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.057 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