Section 61K1-3.005 - Manager; License; Contract Between Manager and Participant(1) License. (a) No person shall act as a manager for any participant without having first obtained a manager license.(b) No manager shall also be licensed as a judge, physician, promoter or referee and shall not act as a judge, physician, promoter or referee. A manager can be licensed as a promoter 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.(c) No manager shall have financial or pecuniary interest in an opponent of manager's participant.(d) No licensed manager shall act as a manager in any boxing, kickboxing or mixed martial arts match in this state unless the match is sanctioned by the commission.(2) Conduct of Manager. (a) No manager shall attempt to select or insist upon the selection of any referee or judge in a match in which a participant under his or her management is to appear, nor shall a manager have the name of any such referee or judge written into the contract governing such match.(b) No manager shall pay or contribute to the pay of or provide any gift or gratuity to any opposing participant, referee, judge, physician or any licensed official.(c) Other than provided in these rules no participant, referee, judge, physician or any licensed official shall accept any pay, gift or gratuity from any manager or promoter.(d) A manager may verbally coach a participant during a round. A manager shall not use profanity or inappropriate language or excessively coach his or her participant while working in the corner. The executive director or commission representative shall determine whether a manager's coaching or behavior is excessive, inappropriate, disruptive, or otherwise, unbefitting a sportsman. A manager attempting by word or action, to heckle or annoy his or her participant's opponent or any official is strictly prohibited. A manager shall not enter the corner ring, or fenced area at any time during the match and not interfere with the conduct of a match during the match. If any manager enters the ring or fenced area during any match, the match shall be temporarily stopped and the manager shall be immediately ejected by the referee, and the referee shall order the match to continue. If any manager enters the ring during any match, the match shall be forfeited to the opposing participant. Whenever a person licensed as a manager in this state desires to work in the corner of a participant under contract to the manager, the manager shall be designated a second and shall be deemed to be a second for that specific bout without the need to apply for a second license. When working in such capacity, the manager shall comply with the requirements set forth for seconds in Rule 61K1-1.018, F.A.C., of these rules.(e) The manager shall furnish to manager's participant a statement of distribution of the purse together with the participant's share of the purse no later than 24 hours after the manager receives the purse and promoter's statement from the promoter. The manager shall retain a copy of the statement of distribution of the purse, certified by the manager to be correct, with receipted vouchers for all expenditures and deductions for a period of 6 months following the date of the match and shall present such copy to the commission for inspection if requested to do so.(f) Upon the proposal of a professional debut participant, the manager may be required to certify to the commission that the professional debut participant is physically competent and possesses the skills of a trained participant including, but not limited to: 1. Competence in the elements of offense and defense;3. Ring generalship; and, 4. Physical stamina to fight at least the minimum number of scheduled rounds and duration.(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 the Pro Debut Release Form as incorporated by reference herein effective 6-1-04.(h) A manager shall be issued a citation for the first occurrence if the professional debut participant is not able to demonstrate the competence and skills listed above.(i) A manager shall be issued a citation and fined the manager's share of the purse for the second occurrence if the professional debut participant is not able to demonstrate the competence and skills listed above.(j) A manager's license may be suspended or revoked for the third occurrence and beyond.(3) Contracts Between Manager and Participant.(a) No unlicensed manager, unlicensed agent, or other unlicensed person shall negotiate or contract for or on behalf of any participant with any promoter or matchmaker under the jurisdiction of the commission. No contract or negotiation entered into by such unlicensed person shall be valid.(b) No manager shall negotiate, obligate or contract for matches for a participant not under contract to him or her.(c) All contracts shall be in writing and shall be filed with the commission within 7 calendar days of execution. The commission shall be notified immediately of any changes in contractual status, which change shall be in writing, signed by all parties to the contract and filed with the commission within 7 calendar days of execution.(d) No contract shall be entered into which entitles a manager or group of managers to a total fee in excess of 33 1/3 percent of the gross earnings of the participant, and no contract containing such a provision shall be valid or binding.(e) Release of a participant from a participant or manager contract by a manager shall be in writing and filed with the commission.(f) No manager of a participant shall sell, assign, transfer any interest, or in any way encumber, or attempt to sell, assign, transfer any interest, or in any way encumber in whole or in part, which he holds in any contract for the services of such participant without notice to and written consent of such participant and without notice to and written consent of the commission. The commission shall not approve an assignment or transfer of interest to any unlicensed, unnamed person.(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, 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.Fla. Admin. Code Ann. R. 61K1-3.005
Rulemaking 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.
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, Formerly 61K1-1.011.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, Formerly 61K1-1.011.