Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, STATE BOXING COMMISSION
Respondent: AMERICAN AMATEUR MIXED MARTIAL ARTS
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Oct. 03, 2011
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 28, 2011.
Latest Update: Dec. 24, 2024
FILED
Department of Business and Professional Regulation
Deputy Agency Clerk
STATE OF FLORIDA cum Og
‘vette Lawson-Proctor
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATY pate 9/1/2011
File #
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
vs. Case No. 2011-040852
AMERICAN AMATEUR MIXED MARTIAL ARTS,
Respondent.
ADMINISTRATIVE COMPLAINT
Petitioner, Department of Business and Professional
Regulation (Petitioner), by and through its undersigned counsel,
hereby files this Administrative Complaint before the Florida
State Boxing Commission (Commission) against American Amateur
Mixed Martial Arts (Respondent), and alleges:
1. Petitioner is the state agency charged with regulating
the practice of pugilistic exhibitions in the State of Florida,
pursuant to Chapters 120 and 548, Florida Statutes (2010-2011)
and the rules promulgated thereto.
2. Respondent’s address of record is 12156 Havburg Drive,
Pensacola, Florida 32506.
3. At all times material hereto, Respondent was a
licensed amateur mixed martial arts sanctioning organization
pursuant to Chapter 548, Florida Statutes (2010), having license
number AMAT 10.
Filed October 3, 2011 3:27 PM Division of Administrative Hearings
4, At all times material hereto, Respondent waS a
licensed amateur boxing sanctioning organization pursuant to
Chapter 548, Florida Statutes (2010), having license number AMAT
8.
5. Additionally, at all times material hereto, Respondent
was a licensed amateur kickboxing sanctioning organization
pursuant to Chapter 548, Florida Statutes (2010), having license
number AMAT 9.
6. As a condition of licensure, Respondent agreed to
enforce the Health and Safety Standards of the International
Sport Kickboxing Association (ISKA) as the minimum Health and
Safety Standards for Respondent.
7. In addition, Rule 61K1-1.0031(1) (c), Florida
Administrative Code, requires an amateur sanctioning
organization in the State of Florida to adopt and enforce the
Health and Safety Standards of the ISKA as provided in the ISKA
Amateur Rules Overview.
8. Section 548.008(1), Florida Statutes (2010), provides
that no match involving amateurs that allows strikes or blows to
the head may be held in this slate unless it is sanctioned and
supervised by an amateur sanctioning organization approved by
the Commission.
9, Section 548.0065(3), Florida Statutes (2010), provides
that periodic compliance checks may be performed by a
representative of the Commission designated by its executive
director in order to ensure enforcement of approved Health and
Safety Standards and supervision of matches by the approved
amateur sanctioning organization. Furthermore Section
548.003(2) (k), Florida Statutes (2010), provides authority for
the Commission to adopt by rule or incorporate by reference into
rule, the Health and Safety Standards of the ISKA as the minimum
Health and Safety Standards for an amateur kickboxing
sanctioning organization.
10. Section V(3)(d) of the ISKA Amateur Rules Overview
states that illegal techniques while on ground (fouls) include
but are not limited to any strike to the head.
Facts Pertaining to the May 6, 2011 Matches
11. On or about May 6, 2011, Petitioner’s investigators
conducted a compliance check on Respondent-sponsored amateur
pugilistic matches held at Hooters Restaurant, located at 180
Cracker Barrel Rd, Crestview, Florida 32536, in response to a
third party complaint field with Petitioner.
12. When the Petitioner’s investigators arrived prior to
the matches on or aboul May 6, 2011, the name and age of a
seventeen (17) year old participant was written on the bout card
as participating in a mixed martial arts bout against a twenty-
three (23) year old participant.
13. Upon the arrival of Petitioner’s investigators,
Respondent’s representative, Mr. Larry Downs, changed the
seventeen-year-old’s name on the bout card to that of a
different participant who was over the age of eighteen.
l4,. On or about May 6, 2011, prior to the matches
beginning, Mr. Downs argued with one of Petitioner’s
investigators about whether Mr. Downs would permit his
participants to throw blows to the head of grounded opponents.
15. After approximately an hour of discussion, Mr. Downs
agreed to follow the Health and Safety Standards required by the
Commission’s Rules, and the matches were held in accordance with
all applicable Statutes and Rules.
16. Respondent interfered with the May 6, 2011 compliance
check and/or investigation by arguing with Petitioner’s
investigator for approximately an hour about whether he would
permit participants to land blows or strikes to the heads of
downed opponents in violation of Health and Safety Standards
and.
17. Respondent further acted in an unprofessional or
unethical manner on or about May 6, 2011 by altering names on
bout cards in an attempt to conceal the fact that underage
participants were fighting in mixed martial arts bouts in
violation of Health and Safety Standards.
Facts Pertaining to the July 16, 2011 Matches
18. On or about July 16, 2011, Petitioner’s investigators
conducted a compliance check on Respondent-sponsored amateur
mixed martial arts matches held at Bay Banquet hall, 5420
Hickory Street, Panama City, Florida.
19. During the July 16, 2011, compliance check, the
Petitioner’s investigators observed one or more of the
following:
a. Participants delivered strikes or blows to
the head of opponents;
b. The bout card listed an underage participant
in an amateur mixed martial arts bout against a
twenty-one (21) year old participant;
Cc. Respondent’ s representatives, Larry and
Alice Downs, interfered with a compliance check
and/or investigation by informing Petitioner’s
investigators that the investigators had no right
to be at the event;
d. Mr. And Ms. Downs interfered with a compliance
check and/or investigation by refusing to sign
the compliance check form at the completion of
the compliance check.
Facts Pertaining to the August 13, 2011 Matches
20. On or about August 13, 2011, Petitioner’s
investigators conducted a compliance check on Respondent-
sanctioned amateur pugilistic matches at the North Florida
Fairgrounds, located at 441 Paul Russell Road, Tallahassee,
Florida.
21. During the August 13, 2011, compliance check,
Petitioners investigators observed one or more of the following:
a. Participants delivered strikes or blows to
the head of opponents;
b. Respondent permitted two participants under
the age of 18 to fight in a mixed martial arts
bout; one participant was seventeen (17) years
old, the other participant was fifteen (15) years
old;
Cc. Before the underage participants’ bout
began, Mr. Downs announced that they were showing
the “junior MMA” program, indicating that
Respondent has a program for underage
participants to fight in mixed martial arts;
d. Based on Petitioner’s investigators’ review
of the medical records presented by Respondent at
the bouts, the seventeen-year-old participant
weighed approximately 115 pounds and the fifteen-
year-old weighed approximately 145 lbs;
e. Despite the approximately thirty-pound
weight difference, the two underage participants
were permitted to compete against each other;
f£. The seventeen-year-old participant was
knocked out by the fifteen-year-old participant
within seconds of the beginning of the bout;
g. Mr. Downs announced to the crowd that the
result of the bout between the two juveniles was
a “knock out”.
22. Sections 548.006, 548.0065, and 548.075, Florida
Statutes (2010-2011), and Rule 61K1-1.0031(4), Florida
Administrative Code, subject an amateur sanctioning organization
to discipline, including suspension or revocation, for violating
Chapter 548 or any rule promulgated thereto, based upon the
severity or repetition of the offense.
COUNT _ONE
23. Petitioner realleges and incorporates by reference the
allegations sel forth in paragraphs one (1) UChrough twenty-two
(22) as though fully set forth herein.
24. Section 548.006(4), Florida Statutes (2010), provides
that professional and amateur matches shall be held in
accordance with this chapter and the rules adopted by the
Commission.
25. Rule 61K1-1.0031(1)(c), Florida Administrative Code,
requires an amateur sanctioning organization in the State of
Florida to adopt and enforce the Health and Safety Standards of
the ISKA as provided in the ISKA Amateur Rules Overview.
26. Section III(6) of the ISKA Amateur Rules Overview
states that no fighter shall participate in an ISKA MMA event if
he is less than 18 years of age. All fighters seeking
eligibility to compete in an ISKA event must provide proof of
age, such as a notarized copy of their birth certificate, or a
government issued form of identification.
27. Section III(2) of the ISKA Amateur Rules Overview
states that male fighters will compete in one of nine weight
classes. These weight divisions may be modified upon expressed
written permission.
28. Upon Respondent’s initial approval, the Commission
approved rules submitted by AAMMA that included a list of weight
classes indicating that male fighters would fight in one of
eleven weight classes. The Commission-approved weight classes
and weight differentials submitted by AAMMA are:
a. Light flyweights - 106 lbs, 8 lbs;
b. Flyweights - 112 lbs, 8 lbs;
c. Bantamweights - 119 lbs, 81bs;
d. Featherweights - 125 lbs, 8 lbs;
e. Lightweights - 132 lbs, 10 lbs;
f£. Light welterweights - 141 lbs, 10 lbs;
g. Welterweights - 152 lbs, 10 lbs;
h. Middleweights - 165 lbs, 10 lbs;
i. Light heavyweights - 178 lbs, 15 lbs;
j. Heavyweights - 201 lbs, 15 lbs;
k. Super Heavyweights - >215 lbs, no limit.
29. As set forth above, Respondent violated the Health and
Safety Standards of ISKA during pugilistic matches in one or
more of the following ways:
a. By permitting participants under the age of
18 to participate in an amateur mixed martial
arts bout on or about August 13, 2011;
b. By permitting amateur participants to fight
opponents outside of their weight class and
weight differentials on or about August 13, 2011.
31. Based on the foregoing, Respondent violated Section
548.006(4), Florida Statutes (2010), by violating Rule 61K1-
1.0031, Florida Administrative Code, through ils failure lo
enforce the Health and Safety Standards of the ISKA as provided
in the ISKA Amateur Rules Overview.
COUNT TWO
32. Petitioner realleges and incorporates by reference the
allegations set forth in paragraphs one (1) through twenty-two
(22) as though fully set forth herein.
33. Section 548.071(4), Florida Statutes (2010), provides
that the commission may suspend or revoke a license or permit if
the commission finds that the licensee or permittee is guilty of
unprofessional or unethical conduct.
34. As set forth above, Respondent engaged in
unprofessional or unethical conduct in one or more of the
following ways:
a. By interfering with a compliance check on or
about May 6, 2010, by arguing with Department
staff for approximately an hour about whether he
would permit participants to land blows or
strikes to the heads of downed opponents;
b. By stating an intention to permit
participants to land blows or strikes to the head
of downed opponents in violation Health and
Safely Standards;
Cc. By interfering with a compliance check on or
about July 16, 2011, in telling Petitioner’s
staff that they had no right to be at a
compliance check of a sanctioned match;
d. By interfering with a compliance check on or
about July 16, 2011, by refusing to sign the
compliance check;
e. By altering names on bout cards on or about
May 6, 2011 to conceal an apparent violation of
Health and Safety Standards.
35. Based on the foregoing, Respondent violated Section
548.071(4), Florida Statutes (2010), for being guilty of
unprofessional or unethical conduct.
WHEREFORE, Petitioner respectfully requests that the
Florida State Boxing Commission enter an order imposing one or
more of the following penalties: permanent revocation or
suspension of Respondent’s license, restriction of practice,
imposition of an administrative fine, issuance of a reprimand,
placement of Respondent on probation, assessment of costs,
corrective action and/or any other relief that the Commission
deems appropriate.
Signed this 1st day of September , 2011.
Ken Lawson, Secretary
Department of Business and
Professional Regulation
R. Kathleen Brown-Blake
R. Kathleen Brown-Blake
Assistant General Counsel
Florida Bar No. 0061420
Department of Business and
Professional Regulation
Office of the General Counsel
1940 N. Monroe Street, Ste. 42
Tallahassee, FL 32399-2202
(850) 488-0062 Telephone
(850) 414-6749 Facsimile
PC Found: 8/18/11
PC Found By R.K.Brown-Blake
KBB
NOTICE OF RIGHTS
Respondent has the right to request a hearing to be
conducted in accordance with Sections 120.569 and 120.57,
Florida Statutes, to be represented by counsel or other
qualified representative, to present evidence and argument, to
call and cross-examine witnesses and to have subpoenas and
subpoenas duces tecum issued on his or her behalf if a hearing
is requested. Rule 28-106.111, Florida Administrative Code,
provides in part that if Respondent fails to request a hearing
within twenty-one (21) days of receipt of an agency pleading,
Respondent waives the right to request a hearing on the facts
alleged.
NOTICE REGARDING ASSESSMENT OF COSTS
Respondent is placed on notice that Petitioner has incurred
costs related to the investigation and prosecution of this
matter. Pursuant to Section 455.227(3) (a), Florida Statutes,
the Board, or the Department when there is no Board, may assess
costs related to the investigation and prosecution of the case
excluding costs associated with an attorney's time, against the
Respondent in addition to any other discipline imposed.
13
Docket for Case No: 11-005102
Issue Date |
Proceedings |
Nov. 28, 2011 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Nov. 23, 2011 |
Respondent's Objection to Petitioner's Motion to Relinquish Jurisdiction filed.
|
Nov. 23, 2011 |
Respondent's Notice of Written Objection to Subpoena and Subpoena Duces Tecum and Respondent's Motion to Quash filed.
|
Nov. 23, 2011 |
Motion to Relinquish Jurisidiction filed.
|
Nov. 23, 2011 |
Petitioner's Notice of Filing filed.
|
Nov. 22, 2011 |
Order on Motion to Amend Administrative Complaint.
|
Nov. 21, 2011 |
Petitioner's Notice of Filing (witness list) filed.
|
Nov. 21, 2011 |
Petitioner's Notice of Filing filed.
|
Nov. 21, 2011 |
Notice of Additional Counsel (Elizabeth Henderson) filed.
|
Nov. 15, 2011 |
Respondent's Objection to Petitioner's Motion to Amend Administrative Complaint to Add Additional Violations and Objections to Other Substantial Changes to the Complaint filed.
|
Nov. 14, 2011 |
Motion to Amend Administrative Complaint filed.
|
Nov. 10, 2011 |
Petitioner's Notice of Cancellation of Telephonic Deposition (of R. Kellin) filed.
|
Nov. 07, 2011 |
CASE STATUS: Motion Hearing Held. |
Nov. 07, 2011 |
Notice of Filing Return of Service/Affidavit for Subpoena Duces Tecum to Eddie James filed.
|
Nov. 07, 2011 |
Respondent's Notice of Filing Subpoenas filed.
|
Nov. 04, 2011 |
Petitioner's Notice of Taking Telephonic Deposition (of R. Kellin) filed.
|
Nov. 04, 2011 |
Response to Objection to Subpoena Duces Tecum filed.
|
Nov. 04, 2011 |
Petitioner's Notice of Written Objection to Subpeonas Duces Tecum filed.
|
Nov. 02, 2011 |
Respondent's Objection to Petitioner's Motion for Witnesses to Appear for Certain Deposition by Telephone filed.
|
Oct. 31, 2011 |
Petitioner's Motion to Appear for Certain Depositions by Telephone filed.
|
Oct. 31, 2011 |
Notice of Service of Respondent's First Set of Interlocking Discovery Request for Admissions, Interrogatories, and Requests to Produce filed.
|
Oct. 27, 2011 |
Notice of Filing Notices of Deposition filed.
|
Oct. 27, 2011 |
Respondent's Notice of Filing Deposition Duces Tecum and Subpoena Duces Tecum (Eddie James) filed.
|
Oct. 24, 2011 |
CASE STATUS: Motion Hearing Held. |
Oct. 21, 2011 |
Memorandum of Law filed.
|
Oct. 20, 2011 |
Notice of Filing Responses to Petitioner's Discovery filed.
|
Oct. 19, 2011 |
Response to Motion to Quash Subpoena Duces Tecum to Ken Lawson filed.
|
Oct. 19, 2011 |
Notice of Filing Return of Service of Subpoena Duces Tecum to Ken Lawson filed.
|
Oct. 19, 2011 |
Notice of Filing Return of Service of Subpoena Duces Tecum to Ken Lawson filed.
|
Oct. 19, 2011 |
Motion to Quash Subpoena filed.
|
Oct. 19, 2011 |
Subpoena Duces Tecum to Custodian of Records filed.
|
Oct. 19, 2011 |
Subpoena Duces Tecum to Custodian of Records filed.
|
Oct. 14, 2011 |
Amended Notice of Hearing (hearing set for December 8, 2011; 9:30 a.m.; Tallahassee, FL; amended as to Location and time).
|
Oct. 13, 2011 |
Notice of Filing Subpoena Duces Tecum (to K. Lawson) filed.
|
Oct. 13, 2011 |
Notice of Filing Subpoena Duces Tecum (to K. Lawson) filed.
|
Oct. 13, 2011 |
Petitioner's Notice of Rescheduling of Depositions (of T. Haven, B. Smith, and C. Taylor) filed.
|
Oct. 11, 2011 |
Petitioner's Notice of Filing filed.
|
Oct. 11, 2011 |
Petitioner's Notice of Taking Telephonic Deposition (of T. Haven, B. Smith, C. Taylor, L. Downs, Jr., and A. Downs) filed.
|
Oct. 10, 2011 |
Joint Motion to Change Venue and Change Hearing Date filed.
|
Oct. 10, 2011 |
Petitioner's Amended Interlocking Discovery Request filed.
|
Oct. 05, 2011 |
Notice of Hearing (hearing set for December 8, 2011; 10:00 a.m., Central Time; Pensacola, FL).
|
Oct. 05, 2011 |
Response to Initial Order filed.
|
Oct. 04, 2011 |
Petitioner's First Interlocking Discovery Request filed.
|
Oct. 04, 2011 |
Notice of Service of Petitioner's First Set of Interlocking Discovery Requests for Admissions, Interrogatories, and Requests to Produce filed.
|
Oct. 04, 2011 |
Initial Order.
|
Oct. 03, 2011 |
Election of Rights filed.
|
Oct. 03, 2011 |
Agency referral filed.
|
Oct. 03, 2011 |
Administrative Complaint filed.
|
|
CASE STATUS: Motion Hearing Held. |