The Board proposes the rule amendment 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 ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

State Boxing Commission

RULE NO.:RULE TITLE:

61K1-3.022Unprofessional or Unethical Conduct

PURPOSE AND EFFECT: The Board proposes the rule amendment 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: The promulgation and adoption of the new rule 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: 548.003(2), 548.071 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 Monroe Street, Tallahassee, Florida 32399-1016

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61K1-3.022 Unprofessional or Unethical Conduct.

Unprofessional or unethical conduct, for professional licensees, as described in Section 548.071(4), FS, shall include, but is not limited to:

(1) Making misleading, deceptive, untrue, or fraudulent representation in or related to the practice of the licensee’s profession;

(2) Misappropriating, misallocating, or mismanaging funds in relation to the practice of the licensee’s profession;

(3) Failing to satisfy a civil judgment related to the practice of the licensee’s profession or ability to perform.

(4) Delegating or contracting the performance of professional responsibility to a third party who is legally unqualified to do so;

(5) Falsifying or altering records, in the practice of the licensee’s profession;

(6) Practicing or offering to practice beyond the scope permitted by law or accepting and performing the professional responsibilities the licensee knows, or has reason to know, the licensee is not competent and/or licensed to perform;

(7) Illegally discriminating against persons in the practice of a licensee’s profession;

(8) Failing to report in writing to the commission or to the department within 30 days after the licensee is convicted or found guilty of, or entered a plea of  nolo contendere or guilty to, regardless of adjudication, a crime in any jurisdiction;

(9) Impersonating another licensed practitioner, or permitting another person to use his or her license;

(10) Providing false or incorrect information regarding the status of a license;

(11) Testing positive for any drugs listed under Rule 61K1-3.017, F.A.C.;

(12) Failing to perform any statutory or legal obligation placed upon a licensee;

(13) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to the chapter regulating the profession, or the Rules of the department or the commission;

(14) Attempting to obtain, obtaining, or renewing a licensee to practice a profession by bribery, or by misrepresentation;

(15) Violating any rule adopted by the commission.

(16) Improperly interfering with an investigation or inspection authorized by statute, or with any disciplinary proceeding;

(17) Violating health and safety standards provided by these rules, or permitting other licensees or other individuals to violate health and safety standards as provided by these rules;

(18) Refusing access to an event or program, or match, including dressing rooms to any Departmental or commission staff or independent contractors designated by the Department or executive director to attend events or matches;

(19) Having a license or the authority to practice a profession revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of any jurisdiction, including its agencies or subdivisions, for a violation that would constitute a violation under Florida law. The licensing authority’s acceptance of a relinquishment of licensure, stipulation, consent order, or other settlement, offered in response to or in anticipation of the filing of charges against the license, shall be construed as action against the license;

(20) Failing to report a change of address or other legally required information to the Department within thirty (30) days of the date that the address or information was changed,

(21) Failing to possess a federal identification card at weigh-in.

(22) Failing to possess the proper equipment or apparel.

(23) Failing to be present at or appearing late to the weigh-in.

(24) Failing to be present at or appearing late at the program of matches at the time and place designated by the executive director or his or her designee.

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.071 FS. History– New ­­­­­______.

 

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: October 17, 2014

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