Licenses, Permits; Requirement, Procedure and Period, Fee, Bout Card Approval, Promoter and Matchmaker; Licensing and Bond; Duties and Conduct., Concessionaire; License; Bond., Physician; License and Duties; Authority, Manager; License, Contracts ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
State Boxing Commission

RULE NOS.: RULE TITLES:
61K1-3.001:Licenses, Permits; Requirement, Procedure and Period, Fee, Bout Card Approval
61K1-3.002 :Promoter and Matchmaker; Licensing and Bond; Duties and Conduct.
61K1-3.003: Concessionaire; License; Bond.
61K1-3.004: Physician; License and Duties; Authority
61K1-3.005: Manager; License
61K1-3.006: Contracts Between Manager and Participant
61K1-3.007: Participant; License; Conduct and Other Requirements
61K1-3.008: Judge; License and Duties
61K1-3.009: Announcer; License and Duties
61K1-3.010: Timekeeper or Knockdown Timekeeper; License and Duties
61K1-3.011: Second; License and Duties
61K1-3.012: Referee; License and Duties
61K1-3.013: Trainer; License and Conduct
61K1-3.014: Booking Agent, Representative of Booking Agent; License
61K1-3.015: Insurance Requirements
61K1-3.016: Pre-Match Physical of Participant and Referee
61K1-3.0165: Weigh-In
61K1-3.017: Drugs and Foreign Substances; Penalties
61K1-3.018: Emergency Equipment; Other Equipment and Services
61K1-3.020: Post-Match Physical Requirements; Suspensions
61K1-3.021: Post-Match Reports Required to be Filed; Penalty for Late Filing
61K1-3.022: Unprofessional or Unethical Conduct
61K1-3.023: Citations
61K1-3.024: Notices of Non-Compliance
61K1-3.025: Records
61K1-3.026: Disciplinary Guidelines
61K1-3.027: Boxing Weight Classes
61K1-3.028: Boxing Participants' Apparel
61K1-3.029: Boxing Bandages and Handwraps; Gloves
61K1-3.030: Boxing Conduct of Bout; Rounds
61K1-3.031: Boxing Scoring
61K1-3.032: Kickboxing Weight Classes
61K1-3.033: Kickboxing Participants' Apparel
61K1-3.034: Kickboxing Bandages and Handwraps; Gloves
61K1-3.035: Kickboxing Conduct of Bout; Rounds
61K1-3.036: Kickboxing Scoring
61K1-3.037: Mixed Martial Arts Weight Classes
61K1-3.038: Mixed Martial Arts Participants' Apparel
61K1-3.039: Mixed Martial Arts Bandages and Handwraps; Gloves
61K1-3.040: Mixed Martial Arts Conduct of Bout; Rounds
61K1-3.041: Mixed Martial Arts Scoring

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 38, No. 56, October 23, 2012 issue of the Florida Administrative Register.

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

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

(a) No change

(b) Licensing Procedure and Period.

1. No change. 

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 and advised of the reasons for the finding that the application is not in compliance.

3. through 4. 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. 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;

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

d.  The permit fee of $1,800;

e.  The date of the event.

2. No promoter, foreign copromoter, or concessionaire shall be given tentative approval for or issued a permit if such person has an unpaid fine or any obligation owed to the commission.

(c) through (h) No change.

(3)(2) Fight Card Approval

(a) through (c) No change.

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

(1) Licensing and Bond.

(a) Any person desiring to become licensed as a promoter shall submit to the commission Form DBPR-FSBC 07, “Application for License, Promoter”, effective December 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 ______________.

(b) Any person desiring to become licensed as a matchmaker shall submit to the commission Form DBPR-FSBC 04, “Application for License, General”, effective December 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 ____________.

(c) through (g) No change.

(h) Bond or Other Security, Requirements.

1. An applicant for a promoter license shall deposit with the commission a surety bond, cash, or certified check in the amount of $15,000 prior to being issued a promoter license. If, at any time and for whatever reason, the security is not maintained in full force and effect, the license shall be automatically void.

2. If it is determined that the projected liability for a match may exceed $15,000, the commission shall require the deposit of an additional bond, cash, or certified check as additional security for the match. The additional security shall be required and used only for the designated match and shall be released or returned 90 calendar days after the date of the match unless, as a result of violations or suspected violations, the commission determines that the additional security shall be retained for a longer period.

3. The bond and other security, or additional bond and additional security shall be filed with the commission for the purpose of providing security that the promoter will and does faithfully perform and fulfill his obligations as described in Chapter 548, F.S., and the rules adopted by the commission. Any fault, negligence, error or omission, failure to fulfill contractual obligations, violation of any rules of the commission or any other act or failure to act shall result in a claim for recovery from the bond and recovery from the other security. When the amount of recovery cannot be determined by the commission due to the failure of the promoter to perform as required by Chapter 548, F.S., or the rules adopted by the commission, the commission shall recover the estimated value of obligations based on the following scale: the face value of the bond and other security and the additional bond and additional security, as appropriate, provided, however, that the recovery shall not be greater than the amount of the bond and other security required to be deposited with the commission.

i.  If the event was held at a venue of less than 3000 patrons, the commission shall recover $5,000.00 from the bond, unless the promoter sold broadcast rights; 

ii.  If the event was held at a venue of between 3001 and 10,000 patrons, the commission shall recover $10,000 from the bond, unless the promoter sold broadcast rights;

iii.  If the event was held at a venue of 10,001 or more patrons, the commission shall recover the face value of the bond and other security and the additional bond and additional security, as appropriate, provided, however, that the recovery shall not be greater than the amount of the bond and other security required to be deposited with the commission;

iv.  If the promoter has sold the broadcast rights to any match, regardless of the number of patrons present at the event, the commission shall recover the face value of the bond and other security and the additional bond and additional security, as appropriate, provided, however, that the recovery shall not be greater than the amount of the bond and other security required to be deposited with the commission;

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 that predates the expiration of the bond. The promoter shall use Form BPR-0009-465, “Surety Bond for Promoter”, effective October 2012, adopted and incorporated herein by reference, and shall use Form BPR-0009-472, “Additional Surety Bond for Promoter”, effective October 2012, adopted and incorporated herein by reference; both forms may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html or at _________________________;

b. The bond and additional bond shall provide surety in an amount equal to the face amount of the bond and additional bond and the aggregate annual liability shall be for the face amount of the bond and additional bond;

c. The bond and additional bond shall be made out in the name of the Florida State Boxing Commission and shall be negotiable on the sole authority of the executive director;

d. The bond and additional bond may not be cancelled, for any reason, unless the following conditions have been met, provided however, when an additional bond is required, as referenced above, (II) below shall not apply:

(I) The surety company has provided the commission at least a 60-calendar day written notice of intent to cancel; and

(II) The promoter’s license has expired or the license has been returned to the commission with a request to cancel such license and cancelled by the commission and the promoter has not filed an application for renewal of the license; and

(III) A period of 90 calendar days has elapsed since the most recent match of the promoter.

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

a. The security must be in the form of cash, a certified check or direct obligations of the United States or this state;

b. The certified check shall be made payable to the Florida State Boxing Commission, and the certified check and the direct obligations of the United States or this state shall be negotiable on the sole authority of the executive director;

c. The commission shall not pay interest or other charges or fees to the promoter;

d. The security may not be cancelled or requested to be returned, for any reason, unless the following conditions have been met, provided however, when an additional security is required, as referenced above, (II) below shall not apply:

(I) The promoter has provided the commission at least a 30-calendar day written notice of request for return or release of the security; and

(II) The promoter’s license has expired or the license has been returned to the commission with a request for cancellation and cancelled by the commission and the promoter has not filed an application for renewal of the license, or the promoter has substituted a bond for the security and such bond indicates on its face that it shall retroactively cover the promoter for all times and for all obligations of the promoter covered by the security for which the bond is being substituted. In the event of substitution of a bond for the security on deposit with the commission, (III) below shall not apply; and

(III) A period of 90 calendar days has elapsed since the most recent match of the promoter.

e. The promoter shall use Form BPR-08-468, “Security in Lieu of Bond for Promoter”, effective JaOctober 2012, adopted and incorporated herein by reference, and shall use Form BPR-08-471, “Additional Security in Lieu of Bond for Promoter”, effective October 2012, adopted and incorporated herein by reference; both forms may be found at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html, or at __________________.

(2) Duties and Conduct.

(a) no change

(b) A matchmaker shall make matches in which the participants are of similar ability and skill.  The matchmaker shall certify as to the competitiveness of each match based upon weight, skill level, number of fights and discipline by facsimile or e-mail.

(c) through (e) no change

(f) Contracts for broadcasting of a proposed match shall be filed with the commission within 14 business days after such contract is received by the promoter or when the Post Event Tax Report and 5% tax payment are filed, whichever is later, provided however that if the promoter pays to the commission the maximum amount of $40,000, the contract is not required to be filed.

(g) through (j) no change

(k) The promoter shall be responsible for acquiring insurance for participants’ medical, surgical and hospital care for injuries sustained while engaged in a match.

(k)(l) The promoter shall advise all managers and participants under contract for a match or program of matches of the time and place of the weigh-in as designated by the commission representative and of the time and place of their appearance for the match or program of matches.

(l)(m) The promoter shall be responsible for appointing a licensed announcer.

(m)(n) The executive director shall appoint a minimum of one physician for the weigh-in and a minimum of two physicians for the program of matches. Each physician who is assigned to be present at the weigh-in and program of matches shall be compensated no less than $700 by the promoter. Each physician who is assigned to be present at either the weigh-in or the program of matches, but not both, shall be compensated no less than $150, at the discretion of the executive director

(n)(o) Each referee who is required to be present shall be compensated by the promoter.   If the match is not televised, the promoter shall compensate the referee at a value not less than $150.  If the match is televised, the promoter shall compensate the referee at a value not less than $300.

(o)(p) Each judge who is required to be present shall be compensated by the promoter.   If the match is not televised, the promoter shall compensate the judge at a value not less than $125.  If the match is televised,  the promoter shall compensate the judge at a value not less than $250.

(p)(q) Any above referenced official who must travel a distance greater than 30 miles from his home to the premises of the program of matches shall be compensated an additional amount as determined by the executive director. This additional amount shall be paid by the promoter.

(q)(r) No promoter shall pay, contribute to the pay of, or provide any gift or other gratuity to any participant, referee, judge or other licensed official other than specifically provided in these rules.

(r)(s) The promoter shall be responsible for providing the proper arena equipment, seating and services, 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.

(s)(t) The promoter shall ensure that all tickets have clearly printed on them the admission price, and no ticket shall be sold for a price higher than the price shown on its face. In the case of generic tickets that are not printed with the ticket prices, each differently priced ticket shall be a different color. Each complimentary ticket shall by some distinguishing mark indicate the face value of the ticket, and in no case shall the dollar value of a complimentary ticket be less than the lowest ticket price available for sale to the general public.

(t)(u) No promoter shall sell or issue, or cause to be sold or issued more tickets of admission for any match or program of matches than can be accommodated by the seating capacity of the premises where the match or program of matches is to be held.

(u)(v) The promoter or concessionaire shall retain all records necessary to justify and support the information submitted on any reports required by the commission for a period of 2 years following the date of the match or program of matches.

Form DBPR-FSBC 07, “Application for License, Promoter,” adopted and incorporated in Rule 61K1-3.002(1)(a), is amended to strike the following language from Section II(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.002(1)(b), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.003 Concessionaire; License.

(1) License

(a) Any person desiring to become licensed as a concessionaire shall submit Form DBPR-FSBC 03, “Application for License, Concessionaire/Manager,” effective December 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 ____________.

(b) No change.

Form DBPR-FSBC 04, “Application for License, Concessionaire/Manager,” adopted and incorporated in Rule 61K1-3.003(1)(a), is amended to strike the following language from Section III – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

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

(1) No change.

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

(g) In order to maintain licensure, all ringside physicians shall obtain 12 hours of continuing medical education units relating to trauma or ringside medical treatment as part of their biennial biannual continuing medical education requirements required by the Florida Board of Medicine.  Failure to obtain and maintain the required continuing medical education units by January 1, 2014, shall subject licensed ringside physicians to discipline and shall be grounds for denial of initial licensure as a ringside physician.

61K1-3.005 Manager; License.

(1) License.

(a) through (b) No change.  

(c) Any person desiring to become licensed as a manager shall submit Form DBPR-FSBC 03, “Application for License, Concessionaire/Manager,” effective December 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 ____________.

(2) No change.

Form DBPR-FSBC 04, “Application for License, Concessionaire/Manager,” adopted and incorporated in Rule 61K1-3.005(1)(c), is amended to strike the following language from Section III – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.006 Contracts Between Managers and Participants.  

(1) No change.

(2) Execution of Contract

(a) through (b) No change.

(c) To be valid, all contracts shall be in writing and shall be filed with the commission within seven (7) thirty (30) calendar days of execution.

(d) through (e) No change.

(3) Changes to the Contract; Release from Contract

(a) No change.

(b) Release of a participant from a letter of agreement participant or manager contract by a manager shall be in writing and filed with the commission.  All parties to the contract shall be notified in writing of the release from the contract. 

(4) through (5) No change.

(6) 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, “Letter of Agreement Between Participant and Manager”, effective October 2012, adopted and incorporated herein by reference, which may be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html.

(a) Letters of Agreement Contracts between Participant and Manager may must be filed on Form BPR-0009-451, “Letter of Agreement Between Participant and Manager”.  An agreement that is received from managers but is not on the provided commission form is considered an addendum.

(b) Upon receipt of the letter of agreement Contract between Participant and Manager, the commission office shall:

1. Verify that the contract was filed with the commission within thirty (30) days of execution;

2.  Verify the status of the manager’s license.  The manager listed in a contract shall have a current and active license to practice as a manager in the state of Florida;

3.  Verify the status of the participant’s license.  The participant listed in a contract shall have a current and active license to practice as a participant in the state of Florida;

4.  Verify the date of the manager’s license listed in the contract;

5.  Check if there is another contract filed with the Commission listing the participant as a party;

6.  Verify that the contract is the original, with original signatures of both manager and participant;

7.  Verify that the contract contains the beginning and ending date of the agreement, manager’s and participant’s names, terms of agreement, and participant’s monetary percentage.  The participant is required to make at least 66 2/3% of the purse and the manager, no greater than 33 1/3%. 

8.  Contact the manager informing him or her of when the contract has been approved and filed.

9.  Contact the manager requesting additional information if the contract is deficient in the required information.  

(c) through (e) No change.

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-FSBC 02, “Application for License, Participant,” effective December 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 ____________.

(2) No change.

Form DBPR-FSBC 02, “Application for License, Participant,” adopted and incorporated in Rule 61K1-3.007(1)(c), is amended to strike the following language from Section V(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.008 Judge; License and Duties.

(1) No change.

(2) Qualifications

(a) Any person desiring to become licensed as a judge shall submit  Form DBPR-FSBC 04, “Application for License, General,” effective December 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 ___________. 

(b) through (e) No change.

(3) No change.

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.008(2)(a), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.009 Announcer; License and Duties.

(1) License

(a) No change.

(b) Any person desiring to become licensed as an announcer shall submit Form DBPR-FSBC 04, “Application for License, General,” effective December 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 ___________.

(2)  No change.

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.009(1)(b), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.010 Timekeeper or Knockdown Timekeeper; License and Duties.

(1) License.

(a) No change.

(b) Any person desiring to become licensed as a timekeeper shall submit Form DBPR-FSBC 04, “Application for License, General,” effective December 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 __________.

(2) No change.

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.010(1)(b), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.011 Second; License and Duties.

(1) License

(a) through (c) No change.

(d) Any person desiring to become licensed as a second shall submit Form DBPR-FSBC 04, “Application for License, General,” effective December 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 ______________.

(2) No change.

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.011(1)(d), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.012 Referee; License and Duties.

(1)     License.

(a) Any person desiring to become licensed as a referee shall submit Form DBPR-FSBC 08, “Application for License, Referee,” effective December 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 _____________.

(b) through (d) No change.

(2) and (3) No change.

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.012 (1)(a), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.013 Trainer; License and Conduct.

(1) License.

(a) and (b) No change.

(c) Any person desiring to become licensed as a trainer shall submit Form DBPR-FSBC 06, “Application for License, Trainer,” effective December 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 ___________.

(2) No change.

Form DBPR-FSBC 06, “Application for License, Trainer,” adopted and incorporated in Rule 61K1-3.013(1)(c), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.014 Booking Agent, Representative of Booking Agent; License.

(1) No person shall act as a booking agent or representative of a booking agent without first having obtained the appropriate license. Any person desiring to become licensed as a booking agent shall submit Form DBPR-FSBC 04, “Application for License, General,” effective December 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 __________.

(2) and (3) No change

Form DBPR-FSBC 04, “Application for License, General,” adopted and incorporated in Rule 61K1-3.014(1), is amended to strike the following language from Section IV(a) – Background Questions, question 1:

1. Have you ever been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, a crime in any jurisdiction, or are you currently under criminal investigation? This question applies to any criminal violation of the laws of any municipality, county, state or nation, including felony, misdemeanor and traffic offenses (but not parking, speeding, inspection, or traffic signal violations), without regard to whether you were placed on probation, had adjudication withheld, were paroled, or pardoned. If you intend to answer “NO” because you believe those records have been expunged or sealed by court order pursuant to Section 943.0585 or 943.059, Florida Statutes, or applicable law of another state, you are responsible for verifying the expungement or sealing prior to answering "NO."  Attach copies of the court documents supporting your answer.  YOUR ANSWER TO THIS QUESTION WILL BE CHECKED AGAINST LOCAL, STATE AND FEDERAL RECORDS. FAILURE TO ANSWER THIS QUESTION ACCURATELY MAY RESULT IN THE DENIAL OR REVOCATION OF YOUR LICENSE. IF YOU DO NOT FULLY UNDERSTAND THIS QUESTION, CONSULT WITH AN ATTORNEY OR CONTACT THE DEPARTMENT.

61K1-3.018 Emergency Equipment, Other Equipment and Services.

(1) Emergency Medical Equipment and Services.

(a) It shall be the responsibility of the promoter to provide the following at each match:

1. through 3. No change.

4.  A minimum of two (2) commission-approved physicians with shall have seats at the immediate ringside of all matches. 

i.  The physician shall hold a license in good standing to practice medicine as an M.D. or a D.O., and be capable of initiating life-saving procedures and demonstrate education training or practical experience in sports medicine, trauma, neurology, or as a ringside physician. 

ii. The physician shall not leave the premises until after the final match has been conducted, all participants participating have been cleared by the physician(s), and the executive director or commission representative has cleared the physician to leave. 

iii. Physicians shall be prepared to assist if any serious emergency shall arise, and shall render temporary or emergency treatments for cuts and minor injuries sustained by the participants. 

5. Three (3) portable oxygen supplies shall be present.

i. and ii. No change.

6. A replacement ambulance and medical personnel at the venue prior to the continuation of any matches if the original ambulance or medical personnel has left the premises to transport a participant or any other individual to the hospital If an athlete needs to be transported via ambulance to the hospital, another unit must arrive before the competition can continue.

(b) No change.

(2) No change.

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 twenty-four (24) months and shall provide such copy to the commission if requested to do so.

(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 Form BPR-0009-453, “Post Event Tax Report for Live Event”, effective October 2012, January 2010, adopted and incorporated herein by reference, which can be obtained at http://www.myfloridalicense.com/dbpr/pro/sbc/forms.html.

(4) No change.

Form BPR-009-453, “Post Event Tax Report for Live Event,” adopted and incorporated in Rule 61K1-3.021(3), is amended to remove the request for a Social Security Number from the form and place the request of a license number on the form, as follows:

 

I certify that the information contained on this form, to the best of my knowledge and belief, is an accurate reflection of the tax payment due the Florida State Boxing Commission. I understand that if the Commission determines that this report is not an accurate reflection of the monies due the Commission, I may be fined, my promoter or concessionaire license may be suspended or revoked, I may be prosecuted for a second degree misdemeanor, or all of the above.

Signature of Licensee Print Name Social Security NumberLicense Number                             Date

61K1-3.025 Records

(1) No change.

(2) Professional licensees shall maintain the following records: The following is a non-exhaustive list that includes records that must be maintained by professional licensees under this provision.

(a) through (l) No change.

61K1-3.031 Boxing Scoring.

(1) and (2) No change.

(3) Determination of Win or Draw.

(a) through (h) No change.

(i) The referee may penalize any participant who fouls his or her opponent during a contest, but charging such participant with the loss of points, whether such fouls be intentional or unintentional.  However the referee shall use his or her own discretion in determining the number of points, if any, chargeable against the participant in each instance, depending upon the severity or harmlessness of the foul and its effect on the opponent. 

1. The referee does not have discretion as to whether an action constitutes a foul.  If the action it is listed as a foul in Rule 61K1-4.017(10) 61K1-4.005, F.A.C, it is a foul, and the referee shall not permit the participant be permitted to continue the action after the referee observes the foul. 

2. through 3. No change.

(j) through (m) No change.

(4) No change.