Florida Administrative Code › 61 - DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION › 61 - Departmental › Chapter 61-42 - FLORIDA STATE BOXING COMMISSION INVESTIGATIVE AND LEGAL SERVICES › Section 61-42.003 - Unsanctioned Amateur Events

Current through Reg. 50, No. 138; July 16, 2024
(1) When the
				department has probable cause to believe that any person or entity not licensed
				by the commission intends to sanction or supervise an amateur match or event in
				the state, the department may issue and deliver to such person a notice to
				cease and desist from such violation. In addition, the department may issue and
				deliver a notice to cease and desist to any person or entity who aids and abets
				the unlicensed sanctioning or supervising of an amateur match or event in this
				state by employing such unlicensed person or entity. The issuance of a notice
				to cease and desist shall not constitute agency action for which a hearing
				under Sections 120.569 and
				120.57, F.S., may be sought. For
				the purpose of enforcing a cease and desist notice, the department may file a
				proceeding in the name of the state seeking issuance of an injunction or a writ
				of mandamus against any person or entity who violates any provisions of such
				notice. In addition to the foregoing remedies, the department may impose an
				administrative penalty not to exceed $5, 000 per incident pursuant to the
				provisions of Chapter 120, F.S., or may issue a citation pursuant to the
				provisions of subsection (3). If the department is required to seek enforcement
				of the notice for a penalty pursuant to Section
				120.569, F.S., it shall be
				entitled to collect its attorney's fees and costs, together with any cost of
				collection.
(2) In addition to or
				in lieu of any remedy provided in subsection (1), the department may seek the
				imposition of a civil penalty through the circuit court in which the
				department's main office is located for any violation for which the department
				may issue a notice to cease and desist under subsection (1). The civil penalty
				shall be no less than $500 and no more than $5, 000 for each offense.
(3)
(a) The
				department may issue citations to the subject for intending to sanction or
				supervise amateur matches or events without being licensed to do so. The
				citations shall contain the subject's name and any other information the
				department determines to be necessary to identify the subject, a brief factual
				statement, the sections of the law allegedly violated, and the penalty imposed.
				The citation must clearly state that the subject may choose, in lieu of
				accepting the citation, to follow the procedure in Rule
				61-42.002, F.A.C. If the subject
				disputes the matter in the citation, the procedures set forth in Rule
				61-42.002, F.A.C. must be
				followed. The penalty shall be a fine of not less than $500 or more than $5,
				000 or other conditions as established by rule.
(b) Citations imposing a designated fine may
				be issued under the following conditions:
1.
				The subject has received a previous Notice to Cease and Desist for the
				unlicensed activity;
2. The subject
				has not received a prior citation, or final order, for the unlicensed
				activity;
3. There is no evidence
				of consumer harm; and
4. The
				subject has not previously held a license as an amateur sanctioning
				organization.
(c)
				Citations for the unlicensed practice of a sanctioning or supervising an
				amateur match governed by Chapter 548, F.S., shall be either personally-served
				or served by certified mail, restricted delivery.
(d) If the subject does not dispute the
				citation within 30 days after the citation is served, the citation will become
				a final order of the Department.
(e) Payment of an undisputed citation is due
				within 30 days after the citation has become a final order.
(f) Citations which have become final orders
				will be used in any subsequent proceedings as evidence of a prior violation of
				that statute or rule.
(g) The
				Department shall open a complaint against any individual or organization issued
				a citation for intending to sanction or supervise an amateur match without
				being licensed to do so, who does not immediately cease the activity, or who
				has sanctioned or supervised an amateur match without being licensed to do so.
				Furthermore, criminal violations shall be forwarded to the proper prosecuting
				authority and are punishable as provided in Section
				548.008, F.S.
(h) Each day that the unlicensed practice
				continues after issuance of a citation constitutes a separate
				violation.
(i) The department shall
				be entitled to recover the costs of investigation, in addition to any penalty
				provided according to department rule as part of the penalty levied pursuant to
				the citation.