How does Florida regulate and authorize licenses?
A “license” to regulate professions and occupations means any permit, registration, certificate, or license issued in Florida. An occupational license is a privilege accorded by the state or its subdivisions to conduct a business at a particular location and is not a property right protected by substantive due process; the denial of such license does not prevent the business owner from pursuing a lawful occupation but merely stops the business from operating at a particular location. Ammons v. Okeechobee County, 710 So. 2d 641 (Fla. 4th DCA 1998).
On July 1, 2021, the Florida Legislature passed Section 163.211 into law, which prevents any county, municipality, or other political subdivision of Florida from implementing additional licensing requirements for most occupations. Therefore, a prospective applicant only needs to satisfy state statutory requirements.
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Which laws and regulations apply to boxing, kickboxing, and MMA licenses in Florida?
In Florida, the Florida State Athletic Commission (FSAC) is the regulatory authority responsible for overseeing boxing, kickboxing, and mixed martial arts (MMA) licenses. Established under Chapter 548 of the Florida Statutes, the FSAC sets the rules and regulations governing these combat sports.
The FSAC adopts and enforces Florida Administrative Code (FAC.) Chapter 61K1, which outlines the standards and requirements for licensing, conduct, and participation in boxing, kickboxing, and MMA events. Additionally, federal legislation, such as the Professional Boxing Safety Act of 1996, protects professional fighters’ health and safety. This act mandates the presence of qualified medical personnel, health insurance coverage, and standardized physical exams for professional boxers.
What are Florida’s application and retention requirements for boxing, kickboxing, and MMA licenses?
Application Requirements:
To apply for a boxing, kickboxing, or MMA license in Florida, applicants must meet specific criteria set forth by the FSAC. The application requirements include the following:
- Completing the FSAC application form and submitting it to the Commission.
- Paying the required application fee.
- Providing proof of a physical examination conducted within the past 12 months.
- Submitting a thorough background check to ensure the applicant’s suitability for licensure.
Retention Requirements:
Licensees must adhere to various requirements to maintain their boxing, kickboxing, and MMA licenses. These requirements include the following:
- Annual renewal of the license and payment of the appropriate fee.
- Undergoing a medical examination, including neurological exams, at the intervals specified in FAC 61K1-4.004, to ensure the continued physical fitness of the licensee.
- Complying with all rules and regulations outlined in FAC Chapter 61K1, including those pertaining to conduct during events, use of approved equipment, and adherence to weight class limitations.
- Maintaining good moral character and avoiding any criminal convictions or actions that could negatively impact the integrity of the sport or the licensee’s ability to participate safely.
To determine whether you meet the boxing, kickboxing, or MMA license requirements, please contact our office to set up your initial consultation.
Can the FSAC’s license decision be appealed?
Yes, an adverse license decision made by the FSAC is appealable. The authority for appealing such decisions comes from the Florida Administrative Procedure Act (APA), Chapter 120 of the Florida Statutes. The APA establishes the framework for challenging agency actions, such as licensing decisions, through administrative hearings and judicial review. The right to appeal derives from Florida Statutes §120.569 and §120.57.
If an applicant or licensee receives an adverse decision from the FSAC, they may request an administrative hearing to challenge it. The request for a hearing must be submitted within the timeframe specified in the agency’s notice, which is generally 15 days from the date of the notice, as provided in Section 120.569(2)(a), Florida Statutes.
The administrative hearing process commences with submitting a petition for a hearing to the agency. The petition must comply with the requirements outlined in Rule 28-106.201, Florida Administrative Code. If the petitioner qualifies for an administrative hearing, the case is referred to the Division of Administrative Hearings (DOAH) and assigned to an administrative law judge (ALJ).
The ALJ conducts the hearing, like a trial, with both parties presenting evidence and testimony. After the hearing, the ALJ issues a recommended order, which includes findings of fact, conclusions of law, and a recommendation for a final decision. The FSAC then reviews the recommended order and issues a final order, either adopting, modifying, or rejecting the ALJ’s recommendations.
Suppose the petitioner is unsatisfied with the FSAC’s final order. In that case, they can seek judicial review by filing a notice of appeal with the appropriate District Court of Appeal, as provided in Section 120.68, Florida Statutes. The court reviews the case to determine if the agency’s decision follows from competent, substantial evidence and complies with the law.
Have more questions about a professional licensing-related situation?
Crucially, this overview of boxing, kickboxing, and MMA licenses does not begin to cover all the laws implicated by this issue or the factors that may compel the application of such laws. Every case is unique, and the laws can produce different outcomes depending on the individual circumstances.
Jimerson Birr attorneys guide our clients to help make informed decisions while ensuring their rights are respected and protected. Our lawyers are highly trained and experienced in the nuances of the law, so they can accurately interpret statutes and case law and holistically prepare individuals or companies for their legal endeavors. Through this intense personal investment and advocacy, our lawyers will help resolve the issue’s complicated legal problems efficiently and effectively.
Having a Jimerson Birr attorney on your side means securing a team of seasoned, multi-dimensional, cross-functional legal professionals. Whether it is a transaction, an operational issue, a regulatory challenge, or a contested legal predicament that may require court intervention, we remain a tireless advocate every step of the way. Being a value-added law firm means putting the client at the forefront of everything we do. We use our experience to help our clients navigate even the most complex problems and come out the other side triumphant.
If you want to understand your case, the merits of your claim or defense, potential monetary awards, or the amount of exposure you face, you should speak with a qualified Jimerson Birr lawyer. Our experienced team of attorneys is here to help. Call Jimerson Birr at (904) 389-0050 or use the contact form to set up a consultation.
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