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

(1) Licensing and Bond.

(a) No person shall act as a promoter for any match held in Florida or telecast in or into Florida via closed circuit without first having obtained a promoter license. No person shall act as a matchmaker, including a matchmaker employed by a promoter, for any match held in Florida without first having obtained a matchmaker license.

(b) No licensed promoter or matchmaker shall act as a promoter or matchmaker for any boxing, mixed martial arts, or kickboxing match in this state unless the match is sanctioned by the commission.

(c) Ownership of Promoter License.

1. Any person licensed as an individual shall have sole ownership of such license, and such license shall not be transferable or assignable to another. If such person is no longer in business, the license shall become void.

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. Any license issued to a partnership shall not be transferable or assignable to another. If the partnership is no longer in business or no longer operates as the partnership, the license shall become void, provided however that if the business continues to operate but does not operate as a partnership and the sole remaining person was one of the licensed partners and all other previous licensed partners have, in writing, authorized such sole remaining person to have control and use of the licensed name, then the license may remain in force and effective until its expiration date, at which time the person shall apply as an individual.

(d) No promoter shall also be licensed as a booking agent, representative of a booking agent, matchmaker, manager, second or trainer. A promoter may be licensed as a manager if the licenses are held in different sports and participants under contract to the manager are not also being promoted by the same licensee within the same sport.

(e) 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 surety that the promoter will and does faithfully perform and fulfill his obligations as described in Chapter 548, F.S., and the rules set forth herein. 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 set forth herein, 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. The promoter shall use Form BPR-0009-465, entitled Surety Bond for Promoter, incorporated herein by reference and effective May, 1990, and shall use Form BPR-0009-472, entitled Additional Surety Bond for Promoter, incorporated herein by reference and effective May, 1990;

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; and

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) and (IV) below shall not apply:

(I) The promoter has provided the commission at least a 60-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) and (IV) below shall not apply; and

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

(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, incorporated herein by reference and effective May, 1990, and shall use Form BPR-08-471, entitled Additional Security in Lieu of Bond for Promoter, incorporated herein by reference and effective May, 1990.

(2) Duties and Conduct.

(a) More than one promoter may be involved in the promotion of a single program of matches. The promoter to whom the permit is issued shall be considered as the promoter of record, and such promoter shall be responsible for ensuring that all the requirements and responsibilities of the promoter are accomplished as set forth herein, provided however that the bonds or other securities deposited with the Commission of all promoters involved in the promotion of the program of matches shall be liable and used as surety against any claim or obligation involving the program of matches.

(b) A matchmaker shall make matches in which the participants are of similar ability and skill.

1. In boxing, a matchmaker or promoter shall be responsible for contacting a commission approved boxing registry to order the official record of any proposed participant and have the official record sent to the commission by mail, personal delivery, facsimile, or e-mail;

2. In kickboxing or mixed martial arts, 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) A matchmaker or promoter shall not contract with or negotiate with any person licensed under Chapter 548, F.S. who are under suspension or whose license has been revoked in Florida or any other state.

(d)1. Contracts between participants and the promoter for each bout shall be filed with the commission no later than at the time of weigh-in and shall contain:

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

b. The date of the contest to which the contract applies;

c. The location of the contest to which the contract applies;

d. The number of rounds to be fought in the contest to which the contract applies;

e. The weight at which each fighter is to qualify for the contest to which the contract applies;

f. The amount, to be set forth in American dollars, that will be paid to the participant for the contest to which the contract applies and a statement that the designated amount shall be paid directly to the participant;

g. The affixed signatures of the promoter and each participant in the contest to which the contract applies, however, the licensed manager of a participant may be authorized by the participant to sign the contract; and

h. The contracts for each participant in the same contest must include the same terms regarding the conduct of the contest, but are permitted to provide for different amounts of consideration provided to the participant.

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) 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. Additionally, the promoter shall be responsible for assuring compliance with Rule 61K1-1.040, F.A.C., of these rules.

(f) After the application for a permit has been tentatively approved and a proposed match has been approved, the promoter may provide the names of the participants for the approved match to the media. Under no circumstances shall a promoter advertise, sell or cause to be sold any tickets, distribute or cause to be distributed any complimentary tickets, enter into any contracts or in any way make any obligations, commitments or announcements relative to a match or program of matches unless the match or program of matches has been approved and the permit has been tentatively approved.

(g) The promoter shall, in the case of a substitution in a main event participant or participants, post in a conspicuous place in front of the arena or directly over the cashier windows, notice of the substitution, and if time permits, shall advertise the substitution by radio and in a newspaper expected to have the widest circulation for the intended audience.

(h) No promoter may pay, lend, or give a participant an advance against his purse before a contest, except in accordance with the provisions of Section 548.052, F.S.

(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, participant and examining professional shall utilize Form BPR-0009-455, entitled Participant Information and Medical Sheet, incorporated herein by reference and effective June 21, 2004 or a form submitted by the examining professional which form provides the same information as required in Form BPR-0009-455.

(j) The commission representative shall, if there is cause to believe that a participant may have suffered cardiac or neurological injury, direct the participant to undergo an EKG, EEG, neurological examination, MRI, CAT scan, or any other exam deemed by a physician licensed by the commission as medically necessary. The interpretation and diagnosis shall be filed with the commission. It is the responsibility of the promoter to ensure that this requirement is satisfied.

(k) The promoter shall be responsible for acquiring insurance as described in Rule 61K1-1.0035, F.A.C., of these rules.

(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.

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

(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, program of matches, or both shall be compensated by the promoter at a value not less than $100 as established by the executive director.

(o) Each referee who is required to be present shall be compensated by the promoter at a value not less than $125 as established by the executive director based upon, but not limited to, the total number of rounds scheduled to be fought in the program of matches, the number of scheduled matches within the program, and whether or not the matches are to be televised. Each judge who is required to be present shall be compensated by the promoter at a value not less than $85 as established by the executive director based upon, but not limited to, the total number of rounds scheduled to be fought in the program of matches, the number of scheduled matches within the program, and whether or not the matches are to be televised. In the case of championship matches, the executive director may use the fee recommended by the sanctioning organization as a guide in determining the appropriate value that shall be compensated to the referee and judges. 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.

(p) 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.

(q) The promoter shall be responsible for providing the proper arena equipment, seating and services as described in Rule 61K1-1.006, F.A.C., of these rules, 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.

(r) 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 different 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.

(s) 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.

(t) The following criteria and procedure shall be used for the refunding of the purchase price of tickets:

1. The promoter shall refund the full purchase price of a ticket for a match or program of matches if:

a. The match or program of matches is postponed; or

b. There is a substitution of either participant in the main event or events; or

c. The main event or the entire program of matches is cancelled; and

d. The person presenting the ticket for refund has presented such ticket within 30 calendar days after the scheduled date of the match or program of matches.

2. Within 10 calendar days after the expiration of the 30-calendar day period, the promoter shall pay all unclaimed ticket receipts to the commission. The commission shall hold the funds in the Professional Regulation Trust Fund for 1 year and make refunds during such time to any person presenting a valid ticket for a refund. Thereafter, the commission shall pay all monies remaining from the unclaimed ticket receipts to the State Treasurer for deposit into the appropriate fund.

3. Failure to comply with this provision shall result in the forfeiture of the bond or other security and additional bond or additional security and revocation of the license of the promoter or foreign copromoter or concessionaire.

(u) 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.

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.