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

Current through Reg. 50, No. 138; July 16, 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.