The Commission proposes the rule amendments to update the text regarding drugs and foreign substances, unprofessional or unethical conduct, and citation authority.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Florida Athletic Commission

RULE NOS.:RULE TITLES:

61K1-3.017Drugs and Foreign Substances

61K1-3.022Unprofessional or Unethical Conduct

61K1-3.023Citation Authority

PURPOSE AND EFFECT: The Commission proposes the rule amendments to update the text regarding drugs and foreign substances, unprofessional or unethical conduct, and citation authority.

SUMMARY: Update rule text regarding drugs and foreign substances, unprofessional or unethical conduct, and citation authority.

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: During discussion of the economic impact of this rule amendment at its Commission meeting, the Commission, based upon the expertise and experience of its members, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. 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, 548.046(3)(d), 548.075 FS.

LAW IMPLEMENTED: 548.003(2), 548.041, 548.046, 548.071, 548.075 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: Patrick Cunningham, Executive Director, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, FL 32399-1016 or telephone [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

61K1-3.017 Drugs and Foreign Substances.

(1) For purposes of Section 548.046, F.S., Prohibited Substances shall include all substances set forth by the World Anti-Doping Agency (WADA) World Anti-Doping Code International Standard Prohibited List, effective January 1, 20212019, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10910. The presence of a prohibited substance in a urine sample is not a violation if the quantity of the prohibited substance does not exceed the threshold established in Decision Limits for the Confirmatory Quantification of Threshold Substances, WADA Technical Document TD2021DLTD2019DL, effective April 1, 2021March 1, 2019, published by the World Anti-Doping Agency, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-10911. The materials incorporated by reference herein can be obtained at www.myfloridalicense.com or by contacting the Department of Business and Professional Regulation, Florida Athletic Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1016.

(2) No change.

(3) Notwithstanding subsection one (1) of this rule, cannabinoids are not prohibited substances.

Rulemaking Authority 548.003, 548.046(3)(d) FS. Law Implemented 548.041, 548.046, 548.071, 548.075 FS. History–New 12-10-15, Amended 8-15-19,                   .

61K1-3.022 Unprofessional or Unethical Conduct.

Unprofessional or unethical conduct, for professional licensees, as described in section 548.071(4), F.S., shall include:

(1)    through (13) No change.

(14) Failing to obtainpossess a federal identification card prior toat weigh-in.

(15) through (17) No change.

(18) Failure of a participant to obtain a state participant license prior to weigh-in.

(19) Failure of a participant to submit valid medical documentation to the Commission office prior to weigh-in. Medical documentation includes, at a minimum, eye exams, blood work, an EKG, a brain MRI or any other medical report or medical clearance required to participate.

 

Rulemaking Authority 548.003 FS. Law Implemented 548.003(2), 548.071 FS. History–New 8-31-16,                             .

61K1-3.023 Citation Authority.

The following violations with accompanying fines and conditions may be disposed of by citation:

Violation	Fine
No Change.
(1) Failure of a participant to obtain a possess a copy of federal identification card prior toat weigh-in:	$100.00$25.00
(2)    – (3) No change.
(4) Failure of a participant to obtain a state participant license prior to weigh-in:	$100.00
(5) Failure of a participant to submit medical documentation to the Commission office prior to weigh-in.  Medical documentation includes, at a minimum, an ophthalmic examination, laboratory results, EKG, MRI of brain, or any other medical examination or testing required to participate.	$100.00

Rulemaking Authority 548.003, 548.075 FS. Law Implemented 548.003(2), 548.075 FS. History–New 12-2-15,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Athletic Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Florida Athletic Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 4, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: August 26, 2021