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