To update language, incorporate forms by reference and how to obtain the forms.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
State Boxing Commission

Rule No.: RULE TITLE
61K1-1.003: Licenses, Permits; Requirement, Procedure and Period, Fee
61K1-1.004: Weight Classes; Weigh-In; Pre-Match Physical of Participant and Referee
61K1-1.005: Promoter and Matchmaker; Licensing and Bond; Duties and Conduct
61K1-1.0055: Concessionaire; License; Bond
61K1-1.010: Physician; License and Duties; Authority
61K1-1.011: Manager; License; Contract Between Manager and Participant
61K1-1.013: Judge; License and Duties
61K1-1.040: Post-Match Reports Required to be Filed; Penalty for Late Filing
PURPOSE AND EFFECT: To update language, incorporate forms by reference and how to obtain the forms.
SUMMARY: To update and incorporate State of Florida, Boxing Commission forms, and to bring the rules into compliance with statutory requirements.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 548.003 FS.
LAW IMPLEMENTED: 548.003, 548.006, 548.0065, 548.008, 548.011, 548.012, 548.013, 548.014, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.043, 548.046, 548.057, 548.066, 548.071, 548.075 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Thomas Molloy, Executive Director, Florida State Boxing Commission, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-0750

THE FULL TEXT OF THE PROPOSED RULE IS:

61K1-1.003 Licenses, Permit; Requirement, Procedure and Period, Fee.

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

(a) through (b) No change.

1. All applications for a license shall be in writing on a form provided by the commission and available at the commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html, verified by the applicant, complete and have any required attachments, and accompanied by the required fee. An applicant for a license as an announcer, booking agent, concessionaire, foreign copromoter, judge, manager, matchmaker, participant, physician, promoter, referee, representative of a booking agent, second, timekeeper or trainer shall utilize Form BPR-0009-450, entitled “Application for License” (1/10), incorporated herein by reference. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html and effective June 21, 2004.

2. through 3. No change.

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

(a) No change.

(b) Permit Applications – Live Events Held in This State.

1. For live events held in this state, the application for permit accompanied by the required fees shall be submitted by a promoter licensed under Chapter 548, F.S., and shall be required to be on file with the commission at least 7 calendar days prior to the scheduled program of matches. An applicant for a permit shall utilize Form BPR-0009-454, entitled “Application for Permit” (1/10), incorporated herein by reference and effective June 21, 2004. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

2. No change.

3. The promoter or matchmaker shall be required to provide the proposed fight card not later than 7 calendar days prior to the proposed date of the program. The promoter or matchmaker shall utilize Form BPR-0009-456, entitled “Proposed Fight Card” (1/10), incorporated herein by reference. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html. 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 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 shall review the proposed fight card and, if he determines that all the proposed matches meet the requirements of Chapter 548, F.S., and the rules set forth herein, he shall approve the proposed fight card or match(es). If the executive director determines that the proposed fight card or match(es) is not in compliance with Chapter 548, F.S., or the rules set forth herein, the executive director shall not approve the proposed fight card and shall immediately advise the promoter or matchmaker that the proposed fight card has been disapproved and the reasons for the disapproval. Approvals and disapprovals may be communicated for individual matches comprising the proposed fight card.

4. through 7. No change.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.012, 548.013, 548.014, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.046, 548.057, 548.066 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.03, Amended 4-6-89, 8-28-89, 5-13-90, Formerly 7F-1.003, Amended 9-10-95, 4-3-00, 6-21-04,________.

 

61K1-1.004 Weight Classes; Weigh-In; Pre-Match Physical of Participant and Referee.

(1) No change.

(2)(a) through (e) No change.

(f) The participant shall be required to complete a participant information form which shall be provided by the commission. The participant shall utilize Form BPR-0009-455, entitled “Participant Information and Medical Sheet” (1/10), incorporated herein by reference. This form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016 effective June 21, 2004. The participant shall submit a completed Form BPR-0009-665, entitled “Dilated Ophthalmological Exam “(1/10), incorporated herein by reference. This form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html. Any participant who refuses to submit either of these completed forms complete this form shall not be allowed to engage in any match in Florida.

(g) No change.

(3) Pre-Match Physical of Participant and Referee.

(a) Each participant shall, at the time of the weigh-in, be examined by a physician. The physician shall certify in writing the participant’s physical condition and a professional assessment as to whether or not the participant may engage in the match. The physician shall, prior to the match, file with the commission representative a written report of examination of the participant, which report shall state whether or not, in the opinion of the physician, the participant is physically fit to engage in the match. No participant shall be permitted to engage in a match unless he has been examined and pronounced fit to do so by a physician. Physicians shall utilize the information provided on the front and complete the reverse side of Form BPR-0009-455, entitled “Participant Information and Medical Sheet” (1/10), incorporated herein by reference and effective June 21, 2004.

(b) through (f) No change.

Rulemaking Authority 548.003 FS. Law Implemented 548.006, 548.043, 548.046, 548.071, 548.075 FS. History–New 2-7-85, Amended 11-24-85, Formerly 7F-1.04, Amended 4-6-89, 8-28-89, 1-1-90, 5-13-90, 1-9-91, Formerly 7F-1.004, Amended 9-10-95, 4-3-00 6-21-04, 3-15-10,________.

 

61K1-1.005 Promoter and Matchmaker; Licensing and Bond; Duties and Conduct.

(1)(a) through (b) No change.

(c) Ownership of Promoter License.

1. No change.

2. Any license issued to and in the name of a corporation shall not be transferable or assignable to another. If such corporation is no longer in business or no longer operates as the corporation, the license shall become void. If any officer of the corporation is added or deleted, the licensee shall, within 10 calendar days, notify the commission of such addition or deletion. A newly added officer shall be required to submit an Application for Promoter or Foreign Copromoter License.

3. No change.

(d) through (e) No change.

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” (1/10), incorporated herein by reference and effective May, 1990, and shall use Form BPR-0009-472, entitled “Additional Surety Bond for Promoter” (1/10), incorporated herein by reference and effective May, 1990.; The forms can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

b. through d. No change.

(I) through (III) 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.

(I) through (III) No change.

(IV) A period of 1 year has elapsed since the security was deposited with the commission.

e. The promoter shall use Form BPR-08-468, entitled “Security in Lieu of Bond for Promoter” (1/10), incorporated herein by reference and effective May, 1990, and shall use Form BPR-08-471, entitled “Additional Security in Lieu of Bond for Promoter” (1/10), incorporated herein by reference and effective May, 1990. The forms can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

(2) Duties and Conduct.

(a) through (b) No change.

1. through 2. No change.

(c) No change.

(d)1. Contracts between each participants and the promoter for each bout shall be filed with the commission no later than at the time of weigh-in and shall be on Form BPR 466, entitled “Letter of Agreement Between Promoter and Participant” (1/10), incorporated herein by reference. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html., and shall contain:

a. The name of each licensed promoter and each both participants;

b. through h. No change.

2. Once the contracts are filed and after determination that they are in compliance with these rules, each contract will be affixed with the signature of the commission representative.

(e) 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 results of the examinations shall be filed with the commission prior to the match. The promoter shall submit Form BPR-0009-665, entitled “Dilated Ophthalmological Exam” (1/10), incorporated herein by reference, participant and examining professional shall utilize Form BPR-0009-455, entitled “Participant Information and Medical Sheet” (1/10), incorporated herein by reference, and effective June 21, 2004 or a forms submitted by an ophthalmologist providing submitted by the examining professionals which forms provides the same information as required in Form BPR-0009-665 Form BPR-0009-455 and. Form BPR-0009-665 can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

(j) through (u) No change.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.006, 548.011, 548.012, 548.013, 548.014, 548.017, 548.028, 548.032, 548.037, 548.046, 548.049, 548.05, 548.052, 548.053, 548.054, 548.056, 548.058, 548.06, 548.061, 548.064, 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,________.

 

61K1-1.0055 Concessionaire; License; Bond.

(1)(a) through (b) No change.

(2) Bond.

(a) through (b) No change.

1. A bond shall be acceptable if the following conditions are met:

a. The 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 concessionaire shall use Form BPR-0009-465, entitled “Surety Bond For Promoter” (1/10), incorporated herein by reference and effective May, 1990.; The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

b. through d. No change.

2. a. through d. No change.

e. The concessionaire shall use Form BPR-08-468, entitled “Security in Lieu of Bond for Promoter” (1/10), incorporated herein by reference and effective May, 1990. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.002, 548.011, 548.015, 548.025, 548.026, 548.028, 548.06, 548.061, 548.064, 548.071 FS. History–New 6-1-04, Amended ________.

 

61K1-1.010 Physician; License and Duties; Authority.

(1) (a) through (c) No change.

(2) (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) Danger Signs, incorporated herein by reference and effective May, 1990. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016.

(e) No change.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.021, 548.046, 548.047, 548.056 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,________.

 

61K1-1.011 Manager; License; Contract Between Manager and Participant.

(1)(a) through (c) No change.

(2)(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-0009-481, entitled the “Pro Debut Release Form” (1/10) as incorporated herein by reference herein effective 6-1-04. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

(h) through (j) No change.

(3)(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” (1/10), 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. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 548.017, 548.05, 548.053, 548.054, 548.056, 548.057, 548.058 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,________.

 

61K1-1.013 Judge; License and Duties.

(1)(a) through (c) 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” (1/10), incorporated herein by reference effective June 21, 2004. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, 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.

(3)(a) through (c) No change.

(d) Judges who are officially scoring a match shall utilize Form BPR-0009-459, entitled “Round Score Card”, incorporated herein by reference and effective May, 1990, and Form BPR-0009-457, entitled “Match Score Card” (1/10), incorporated herein by reference and effective May, 1990. The forms can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.003(2), 548.006, 548.011, 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,________.

 

61K1-1.040 Post-Match Reports Required to be Filed; Penalty for Late Filing.

(1) through (2) No change.

(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 a Form BPR-0009-453, entitled “Post Event Tax Report for Live Event” (1/10), incorporated herein by reference and effective May, 1993, which form shall be provided by the commission. The form can be obtained from the Florida State Boxing Commission, 1940 North Monroe Street, Tallahassee, Florida 32399-1016, or at the Commission’s website at: http://www.myfloridalicense.com/dbpr/pro/sbc/index.html. This form shall be accompanied by a tax payment of 5 percent of the total gross receipts excluding any federal tax or state sales tax, except that the tax payment derived from the gross price charged for the sale or lease of broadcasting, television and motion picture rights shall not exceed $40,000 for any single program of matches. All ticket stubs and unused tickets or an independently prepared ticket manifest shall be retained by the promoter for a period of 6 months and shall be provided to the commission upon request.

(4) No change.

Rulemaking Specific Authority 548.003 FS. Law Implemented 548.053, 548.06, 548.075 FS. History–New 4-6-89, Amended 8-28-89, 5-13-90, Formerly 7F-1.040, Amended 9-10-95, 4-3-00, 6-1-04,________.

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: March 30, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 30, 2010