Florida Register Volume 46, Number 002, January 3, 2020, Pages 7-32

• Jurisdiction: Florida
• Library: Florida Register
• Published date: 03 January 2020
• Year: 2020

Florida Administrative Register Volume 46, Number 02, January 3, 2020

7

Section I

Notice of Development of Proposed Rules

and Negotiated Rulemaking

NONE

Section II

Proposed Rules

DEPARTMENT OF BUSINESS AND PROFESSIONAL

REGULATION

State Boxing Commission

RULE NO.: RULE TITLE:

61K1-4.021 Kickboxing Conduct of Bout; Rounds

PURPOSE AND EFFECT: The Commission propo ses the rule

amendment to update the language to reflect cha nges relating

to fouls during kickboxing matches.

SUMMARY: Update rule language.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS AND LEGISLATIVE

RATIFICATION:

The Agency ha s determined that this will not have an adverse

impact on small business or likely increase directly or indirectly

regulatory costs in excess of $200,000 in the aggregate wit hin

one year after the implementa tion of the rule. A SERC has not

been prepared by the Agency.

The Agency has d etermined that the proposed rule is not

expected to require legislative ratification based on the

statement of esti mated regulatory co sts or if no SERC is

required, the information expressly relied upon and described

herein: During discussion of the economic impact of this rule

amendment at its Commission meeting, the Commission, based

upon the expertise and experience of its members, determined

that a Statement of Estimated Regulatory Costs (SERC) was not

necessary and that the rule will not require ratification by t he

Legislature. No person or interested party sub mitted additional

information regarding the economic impact at that time.

Any person who wishes to provide information regarding a

statement of estimated regulatory costs, or provide a proposal

for a lower cost regulatory alternative must do so in writing

within 21 days of this notice.

RULEMAKING AUTHORITY: 548.003(2) FS.

LAW IMPLEMENTED: 548.003, 548.0065 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS

NOTICE, A HE ARING WILL BE SCHEDULED AND

ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE IS: Patrick Cunningham, Executive

Director, Florida State Boxing Commission, 2601 Blair Stone

Road, Tallahassee, FL 32399-1016 or telephone (850)488-

8500.

THE FULL TEXT OF THE PROPOSED RULE IS:

61K1-4.021 Kickboxing Conduct of Bout; Rounds.

(1) through (3) No change.

(4) Fouls listed, all ages:

(a) No change.

(b) Striking with the elbow to any target (not a foul for

Muay Thai amateurs aged 18 years and older);

(c) through (o) No change.

(5) For amateurs aged fourteen years or younger, striking

with the knee to any part of an opponent’s body, except in Muay

Thai style kickboxing mat ches, the following shall be

considered a foul. s:

(a) Striking with the knee to an opponent’s head;

(b) Striking with the elbow to any part of an oppo nent’s

body;

(c) Striking with the knee to any part of an opponent’s

body, except in Muay Thai style kickboxing matches.

(6) through (7) No change.

Rulemaking Authority 548.003(2) FS. Law I mplemented 548.003,

548.0065 FS. History–New 3-14-13, Amended .

NAME OF PERSON ORIGINATING PROPOSED RULE:

Florida State Boxing Commission

NAME OF AGENCY HEAD WHO APPROVED THE

PROPOSED RULE: Florida State Boxing Commission

DATE PROPOSED RULE APPROVED BY AGENCY

HEAD: October 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT

PUBLISHED IN FAR: December 17, 2019

DEPARTMENT OF HEALTH

Board of Massage Therapy

RULE NO.: RULE TITLE:

64B7-30.002 Disciplinary Guidelines

PURPOSE AND EFFECT: The purpose of the rule amendment

is to clarify and simplify the rule text.

SUMMARY: Substantial rewrite of the disciplinary guidelines.

SUMMARY OF STATEMENT OF ESTIMATED

REGULATORY COSTS AND LEGISLATIVE

RATIFICATION:

The Agency ha s determined that this will not have an adverse

impact on small business or likely increase directly or indirectly

regulatory costs in excess of $200,000 in the aggregate wit hin

one year after the implementa tion of the rule. A SERC has not

been prepared by the Agency.

The Agency has d etermined that the proposed rule is not

expected to require legislative ratification based on the

statement of esti mated regulatory co sts or if no SERC is

Florida Administrative Register Volume 46, Number 02, January 3, 2020

8

required, the information expressly relied upon and described

herein: During discussion of the economic impact of this rule at

its Board meeting, the Board concluded that this rule change

will not have any impact on licensees and their businesses or

the businesses that employ them. The rule will not increase any

fees, business costs, personnel costs, will not decrease profit

opportunities, and will not require any specialized knowledge

to comply. This change will not increase any direct or indirect

regulatory costs. Hence, the Board determined that a Statement

of Estimated Regulator y Costs (SERC) was not necessary and

that the rule will not require ratification by the Legislature. No

person or interested party submitted add itional information

regarding the economic impact at that time.

Any person who wishes to provide information regarding a

statement of estimated regulatory costs, or provide a proposal

for a lower cost regulatory alternative must do so in writing

within 21 days of this notice.

RULEMAKING AUTHORITY: 45 6.072(2), 456.079(1), (3),

480.035(7) FS.

LAW IMPLEMENTED: 456.072(2), 456.079(1), (3), 480.041,

480.043, 480.046, 480.047 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS

NOTICE, A HE ARING WILL BE SCHEDULED AND

ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE

PROPOSED RULE IS: Kama Monroe, Executive Director,

Board of Massage Therapy/MQA, 4052 Bald Cypress Way, Bin

#C06, Tallahassee, Florida 32399-3253.

THE FULL TEXT OF THE PROPOSED RULE IS:

Substantial re wording o f Rul e 64B7-30.002 follows. See

Florida Administrative Code for present text.

64B7-30.002 Disciplinary Guidelines.

(1) When the Bo ard finds that an applicant, apprentice, or

licensee whom it regulates under chapter 480, F.S., has

committed any of the acts set forth in sections 480.041,

480.043, 480.0485, 480.046, and 456.072, F.S., and/or division

64B7, F.A.C., it shall issue a final order imposing appropriate

penalties within the ranges recommended in the following

disciplinary guidelines after consideration of the aggravating

and mitigating factors set forth in subsection (4) of this rule.

Discipline may include any of the following: letter of concern,

reprimand, license with conditions, probation, suspension,

revocation and/or fines.

(2) Disciplinary Guidelines:

VIOLATION

FIRST

OFFENSE

ADDITIONAL

OFFENSE

(a) Section

480.046(1)(a),

F.S. Attempting to

Denial of

application, or

reprimand, $250

$10,000 fine and

revocation

procure a license

to practice

massage by

bribery or

fraudulent

misrepresentation

or

section

456.072(1)(h),

F.S. Attempting to

obtain, obtaining,

or renewing a

license to practice

a profession b y

bribery, by

fraudulent

misrepresentation,

or through an error

of the department

or the board.

to $1,500 fine,

continuing

education.

(b) Section

480.046(1)(b),

F.S. Having a

license to practice

massage re voked,

suspended, or

otherwise acted

against, includi ng

the denial of

licensure, by the

licensing authority

of another state,

territory, or

country.

Section

456.072(1)(f), F.S.

Having a license

or the authority to

practice any

regulated

profession

revoked,

suspended, or

otherwise acted

against, includi ng

the denial of

licensure, by the

licensing authority

of any jurisdiction,

including its

agencies or

Comparable to

the penalty or

action imposed in

other jurisdiction.

Suspension to

revocation