The purpose and effect of the proposed rulemaking is to clarify the obligations of the commission, the commission staff, and commission officials, and remove unnecessary and burdensome language. SUMMARY: The proposed rules clarify the obligations ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

State Boxing Commission

RULE NO.:RULE TITLE:

61K1-1.0026Approval of Matches, Fight Cards, Issuance of Permits; Assignment of Event Officials

PURPOSE AND EFFECT: The purpose and effect of the proposed rulemaking is to clarify the obligations of the commission, the commission staff, and commission officials, and remove unnecessary and burdensome language.

SUMMARY: The proposed rules clarify the obligations of the commission, the commission staff, and commission officials, and remove unnecessary and burdensome language.

SUMMARY: The proposed rules clarify the obligations of the commission, the commission staff, and commission officials, and remove unnecessary and burdensome language.

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 Commission conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

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: 548.004, 548.006, 548.011, 548.056 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: John MacIver, Assistant General Counsel, Office of the General Counsel, 1940 North Monroe Street, Suite 42, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61K1-1.0026 Approval of Professional Matches, Fight Cards, Issuances of Permits; Assignment of Event Officials.

(1) Approval of Matches

(a) All professional boxing, kickboxing, and mixed martial arts matches shall be approved by the executive director or his or her designee.

(b) Main event contracts shall be placed on file with the commission for approval at least ten (10) days prior to the event unless an exception is made by the executive director or his or her designee.

(c) Contracts for all participants contending on the fight card shall be filed prior to the scheduled weigh-in time for the event unless an exception is made by the executive director or his or her designee.

(d) The grounds for denial of a promoter’s request to hold a match include, but are not limited to:

1. The failure of the promoter or any person connected with the promotion and under the jurisdiction of the commission to comply with any statute or rule regulating boxing, kickboxing and mixed martial arts, in the State of Florida;

2. The match is a mismatch based on the record, experience, skill and condition of the participants;

3. The commission does not have adequate staff to enforce the statutes and rules regulating boxing, kickboxing, or mixed martial arts enacted and adopted to protect the health, safety and welfare of the participants and consumers and guarantee the collection of revenue due to the State from the match and all ancillary rights incident thereto;

4. Any factors suggesting that the match will not be held in accordance with Chapter 548, F.S., and/or the rules of the commission;

5. Any factors that constitute a danger to the public health, safety, or welfare of the public or participant.

(e) Change in Program, Postponement; Substitution

1. Changes to or postponement of a schedule of matches for which a permit has been issued shall be granted at the discretion of the executive director, upon reasonable, written notice to the commission. If a date or time change causes undue hardship to a licensee or registrant under contract for such changed or postponed match, the matchmaker or promoter may request reasonable substitution. Any requested changes to the main event must be filed at least 24 hours before the contest.

2. Notice of any change in announced or advertised programs for any main event shall be filed with the commission at least 24 hours before the contest. Notice of such change or substitution shall also be conspicuously posted at the box office, and announced from the ring before the opening contest.

3. Substitutions shall not be permitted in a main event contest except in cases of emergency, where the substitution is reasonable at the discretion of the executive director or his or her designee, who should take into account the impact of the substitution to the licensees, permittees, and ticket purchasers when determining reasonableness.

(2) The executive director or his or her designee will ensure that the following procedures are followed when assigning event officials for professional events:

(a) The executive director or his or her designee shall primarily use a rotation system in making assignments to ensure that selections are fair and impartial while protecting the health, safety, and welfare of the participants involved.

(b) Factors which may necessitate deviation from the rotation system include, but are not limited to:

1. The physical location of the event officials to the city in which the event is held;

2. Perception of possible bias;

3. Availability to accept assignments;

4. Whether the assignee meets the minimum requirements and qualifications necessary to complete his/her duties;

5. Skill, experience, past performance, and prior complaints filed with the Department against any event official;

6. Any factors suggesting that the event will not be held in accordance with Section 548, F.S., and/or or the rules of the commission;

7. Any factors that constitute a danger to the health, safety, or welfare of the public or any participant.

(c) Exceptions may be necessary for high profile events:

1. The executive director or his or her designee will take into consideration the skill, experience, past performance, and length of service of the event official;

2. At all times the executive director or his or her designee will ensure that the event official meets the minimum requirements and qualifications as provided for by Section 548, F.S., and the rules adopted by the commission.

(d) If, during the course of a match, an event official receives an injury or is unable to continue acting in his capacity as event official, the commission representative shall:

1. Select another qualified person to act as event official for the remainder of the match and program of matches; or

2. If no qualified person is available, cancel the remainder of the match and program of matches.

(3) If the event official fails to perform job duties or responsibilities in accordance with Chapter 548, F.S., and the rules adopted by the commission, the executive director, or his or her designee, or any other interested party may file a complaint with the department . If the failure to meet performance standards endangered the health, safety, and welfare of the public or any participant, the executive director or his or her designee shall file a complaint with the department against the licensee.

Rulemaking Authority 548.003 FS. Law Implemented 548.004, 548.006, 548.011, 548.056 FS History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida State Boxing Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 1, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 18, 2013