Florida Administrative Code
61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
61K1 - Florida Athletic Commission
Chapter 61K1-3 - HEALTH AND SAFETY STANDARDS FOR PROFESSIONAL BOXING, KICKBOXING, AND MIXED MARTIAL ARTS
Section 61K1-3.002 - Promoter and Matchmaker; Licensing and Bond; Duties and Conduct
Universal Citation: FL Admin Code R 61K1-3.002
Current through Reg. 50, No. 249, December 24, 2024
(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 Athletic 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 Athletic 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 an 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.
Rulemaking 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.
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, Formerly 61K1-1.005, Amended 10-25-20.
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