Fla. Admin. Code R. 61K1-4.001

Current through Reg. 50, No. 222; November 13, 2024
Section 61K1-4.001 - Amateur Sanctioning Organization Licensure, Criteria for Approval and Denial
(1) License; Requirement, Procedure and Period, Fee.
(a) Each approved amateur sanctioning organization shall be licensed by the commission. To be licensed and obtain approval by the commission, each amateur sanctioning organization shall apply for licensure. Licensed amateur sanctioning organizations shall be given the same rights and obligations as any other licensed entities and/or individuals granted licensure by the commission.
(b) Licenses/Approvals for amateur sanctioning organizations, including any rights, privileges, responsibilities, duties, obligations, or liabilities which by their nature are entitled to or encumbered by the amateur sanctioning organization shall not be transferred, including by the use of a power of attorney.
(c) Licensing Procedure and Period.
1. Application for licensure approval as an Amateur Sanctioning Organization shall be submitted on Form DBPR-FSBC-01, "Application for Amateur Sanctioning Organization", effective December 2012, adopted and incorporated, which may be obtained on the "Boxing, Kickboxing, & Mixed Martial Arts" link at https://www.myfloridalicense.com/intentions2.asp, or at https://www.flrules.org/Gateway/reference.asp?No=Ref-02363. The application shall be accompanied by any required supplemental information and by the licensure fee.
2. Upon receipt of an application for a license, the application shall be reviewed by the commission for approval or denial and, if the application is in compliance with the requirements of Chapter 548, F.S., and the rules adopted by the commission, a license shall be issued. If it is determined that the application is not in compliance, the applicant shall be notified by way of a Notice of Intent to Deny.
3. A license issued pursuant to Chapter 548, F.S., and these rules shall be valid from the date of issuance until December 31 of the year in which the license was effective. An application for the renewal of a license shall be submitted on the same form as referenced above and all of the requirements, standards, and criteria used to approve or disapprove an application for a new or initial license shall be used to approve or disapprove the application for the renewal of a license.
4. If a licensee changes its name or other legally identifying information, the licensee shall reapply for licensure with the commission.
(2) Criteria for Application.
(a) An amateur sanctioning organization seeking approval from the Florida Athletic Commission to sanction and supervise matches shall provide the following during the application process:
1. A completed application for licensure, clearly indicating which sport the amateur sanctioning organization will be sanctioning.
2. Applications for approval of an amateur sanctioning organization shall specify boxing, kickboxing, or mixed martial arts. Accordingly, any approval shall be limited to the sport for which the amateur sanctioning organization has applied to obtain a license. An organization seeking approval for one or more of the aforementioned sports shall submit a separate application for each sport.
3. A statement of agreement to adopt and enforce the requirements set forth in Chapter 548, F.S. and the Rules promulgated thereto.
4. A complete record of any criminal history of the officers, trustees, partners, directors, or owners in the amateur sanctioning organization. The commission shall not issue a license to any entity that has officers, trustees, partners, directors, or owners in the amateur sanctioning organization, who have been convicted of any act that constitutes a violation of Chapter 548, F.S. or any crime involving moral turpitude. Ownership includes all persons with 10% interest in an amateur sanctioning organization in an amount greater than or equal to 10% of the budget for the fiscal year.
5. A complete licensure history in Florida and any other jurisdiction, including license verification submitted from the state or other jurisdiction in which the amateur sanctioning organization is licensed.
6. A statement of agreement to adopt and enforce a requirement that in matches sanctioned and supervised by the amateur sanctioning organization all participating amateurs must undergo a pre-match physical examination by a physician licensed as an M.D. or D.O., approved by the amateur sanctioning organization according to the criteria provided in this rule.
7. A statement of agreement that the organization will not hold, promote, or sponsor a match prohibited under Chapter 548, F.S.
8. Documentation evidencing the amateur sanctioning organization has a legal existence, it is incorporated or otherwise legally recognized by the laws of its domicile and is authorized to conduct business in Florida under the Florida Department of State.
9. A copy of the organization's standards, policies, or procedures evidencing that the principals of the organization have sufficient background, training, and experience in sanctioning and supervising matches which will adequately protect the health and safety of the amateurs participating in the matches and the public. These standards are for application review for approval or denial only, and must be in compliance with the rules adopted by the commission. Modifications to an amateur sanctioning organization's rules does not negate an amateur sanctioning organization's responsibility to comply with the rules as adopted by the commission.
10. A license fee of $100.00 to be submitted with each application for licensure. If the amateur sanctioning organization applies for licensure in more than one sport, the $100.00 fee shall be provided for each application for each sport.
(b) The organization, should they be granted licensure, shall continue to abide by and enforce the rules adopted by the commission.
(3) Upon the receipt of an application for approval by the commission, the amateur sanctioning organization shall not be eligible to use the exemptions to Section 548, F.S., listed under Section 548.007 F.S.
(4) The amateur sanctioning organization shall ensure that all matches occur according to Section 548, F.S., and the rules promulgated thereto.
(5) If an amateur sanctioning organization changes its name or any other legally identifying information, it shall notify the commission within 60 days of the change.
(6) Denial of application.
(a) The application of an amateur sanctioning organization that does not meet the criteria specified by rule shall be denied by the commission, its executive director, or its designee.
(b) The commission shall not issue a license or approval to any entity with officers, trustees, partners, directors, or owners in the applicant organization, who individually had a license or approval issued by the commission or equivalent licensing authority of another state revoked, suspended, or otherwise acted against. Ownership includes all persons who provide financial support for the amateur sanctioning organization in an amount greater than or equal to 10% of the budget for the fiscal year.
(c) The commission shall not issue a license or approval to any entity with officers, trustees, partners, directors, or owners in the applicant organization, who have been officers, trustees, partners, directors, or owners in an amateur sanctioning organization which had a license or approval issued by the commission or equivalent licensing authority of another state revoked, suspended, or otherwise acted against. Ownership includes all persons who provide financial support for the amateur sanctioning organization in an amount greater than or equal to 10% of the budget for the fiscal year.
(d) The commission, executive director, or its designee, may deny the application for one or more of the following reasons:
1. If the information provided evidences that the principals of the amateur sanctioning organization do not have the required experience or training to safely sanction or supervise matches.
2. If any of the organizations officers, partners, officials, authorized representatives, or persons with a financial interest in the organization have criminal history evidencing fraud, theft, crimes of moral turpitude, or any crime that would constitute as a violation of Chapter 548, F.S.
3. If the application is incomplete and the organization fails to provide missing information in a timely manner.
4. If the application indicates that the organization will operate in violation of Chapter 548, F.S. or the rules adopted by the commission.
5. If the information provided in the application otherwise indicates that approval of the amateur sanctioning organization would pose a risk to the health, safety, or wellbeing of amateurs or the general public.
6. If the amateur sanctioning organization fails to pay the licensure fee.
(7) Application Renewal Requirements
(a) In support of its biennial renewal application, each Amateur Sanctioning Organization shall also provide the Commission with documentation of its compliance with Rule 61K1-4.028, F.A.C., Supervision of Amateur Events, and Rule 61K1-4.030, F.A.C., Amateur Reporting Requirements.
(b) A renewal application that fails to provide documentation showing compliance with Rules 61K1-4.028 and 61K1-4.030, F.A.C., shall be deemed incomplete.
(c) The Commission as part of its decision whether to approve, disapprove, suspend or revoke the approval of an Amateur Sanctioning Organization renewal application pursuant to paragraph 61K1-4.001(1)(c), and subsection (2), F.A.C., shall verify whether the Amateur Sanctioning Organization has complied with Rules 61K1-4.028 and 61K1-4.030, F.A.C.

Fla. Admin. Code Ann. R. 61K1-4.001

Rulemaking Authority 548.003(2), 548.006 FS. Law Implemented 548.003, 548.006, 548.0065, 548.008 548.011, 548.017, 548.021, 548.025, 548.026, 548.028, 548.032, 548.035, 548.046, 548.057 FS.

New 3-14-13, Amended by Florida Register Volume 45, Number 019, January 29, 2019 effective 2/14/2019.

New 3-14-13, Amended 2-14-19.