July 2011

In This Issue:

• Message From The Secretary
• Message From The Executive Director
• Important information regarding the Pro Debut Form
• Updated Letter of Agreement
• eNewsroom

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Message From The Secretary

To our licensees and partners:

When the Governor asked me to serve as the Secretary of the Department of Business and Professional Regulation, I was honored to have the opportunity to work directly with the men and women who are shaping Florida’s economic future. I’m looking forward to taking on the challenge of making this state the best place for businesses to start and thrive.

Our top priority will be reducing the weight of unnecessary regulation on businesses and professionals so we can focus on our primary mission – getting Floridians back to work. Here at DBPR, we know that our customers come first and we will strive to license efficiently and regulate fairly.

Our state has faced some tough challenges, and Florida’s businesses and professionals need our help and our service now more than ever. If you have any suggestions for how we can improve, I welcome the input. It’s important that we continue to improve wherever possible. I am committed to serving you as best I can, with the help of the DBPR family.

Ken Lawson
Secretary

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Message from the Executive Director

Thomas Molloy

The commission has been hard at work since our last newsletter, and the accomplishments are amazing. We have been feverishly working on several very important items, including, but not limited to, health and safety issues, updating the amateur rules, approving 23 amateur sanctioning organizations, working with local law enforcement in stopping unsanctioned pugilistic events, hosting 72 professional pugilistic events, updating the promoter and matchmaker manuals and continuous training of the event staff.

Our goals for performance this year are to strengthen and enhance the amateur programs health and safety standards by random compliance checks and to successfully host 75 professional pugilistic events in Florida. I continue to receive excellent reviews from various sources regarding the performance of our team both at the events and in the Tallahassee office. As always, our focus is the health and safety of the participants of pugilistic events, and I look forward to greeting you at the events.

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Important information regarding the Pro Debut Form

Prior to a pro debut entering into the professional arena, the pro debut fighter must provide proof of five amateur competitions in the sport (boxing, kickboxing, and mixed martial arts) they are requesting to pro debut. Proof of amateur competition will consist of verification from amateur sanctioning organizations.

In order for the Executive Director to evaluate the pro debut bouts, the verification of amateur competitions must be submitted with the pro debut form and proposed bout card.

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Updated Letter of Agreement

The form formally called “Management Contract” is now called “Letter of Agreement between Manager and Participant”, and the form has been modified.

Effective January 1, 2010, the commission made revisions to the form formally called “Management Contract”, now called “Letter of Agreement between Manager and Participant”.   Please remember that when you are preparing a Letter of Agreement the following items are required:

• Complete the letter of agreement in its entirety; any white-out or changes need to be initialed by both parties (manager and participant).
• Make sure the letter of agreement is signed by both parties; signature of both manager and participant needs to be witnessed, and the witness needs to sign in both areas reserved for them.
• Submit the letter of agreement to the commission office within seven days of execution of the agreement.
• Remember the manager, Management Company and participant are required to be licensed with the State of Florida before signing a letter of agreement.
• The participant must receive a minimum of 66 2/3% of the gross amount paid to the participant for his performance.

Addendums to the required Letter of Agreement are permissible.  Please note that the required letter of agreement is the dominant contract and the addendum is second.

The manager and/or participant can be released from the letter of agreement by preparing and submitting a letter to the commission for approval.  The letter will require signatures from the manager and participant.  If there is a dispute of the contract that can not be resolved, the complainant must complete a complaint form and submit the request to our Department for an investigative review.  You can download the complaint form at: www.MyFloridaLicense.com.

Below is a copy of Rule 61K1-1.011 (3), Florida Administrative Code.  This rule subsection addresses contracts between manager and participants.  Please take a moment to read this rule subsection in its entirety.

(3) Contracts Between Manager and Participant.
(a) No unlicensed manager, unlicensed agent, or other unlicensed person shall negotiate or contract for or on behalf of any participant with any promoter or matchmaker under the jurisdiction of the commission. No contract or negotiation entered into by such unlicensed person shall be valid.
(b) No manager shall negotiate, obligate or contract for matches for a participant not under contract to him or her.
(c) All contracts shall be in writing and shall be filed with the commission within 7 calendar days of execution. The commission shall be notified immediately of any changes in contractual status, which change shall be in writing, signed by all parties to the contract and filed with the commission within 7 calendar days of execution.
(d) No contract shall be entered into which entitles a manager or group of managers to a total fee in excess of 33 1/3 percent of the gross earnings of the participant, and no contract containing such a provision shall be valid or binding.
(e) Release of a participant from a participant or manager contract by a manager shall be in writing and filed with the commission.
(f) No manager of a participant shall sell, assign, transfer any interest, or in any way encumber, or attempt to sell, assign, transfer any interest, or in any way encumber in whole or in part, which he holds in any contract for the services of such participant without notice to and written consent of such participant and without notice to and written consent of the commission. The commission shall not approve an assignment or transfer of interest to any unlicensed, unnamed person.
(g) All contracts entered into in Florida between a manager and a participant, and all such contracts entered into outside of Florida involving participants and managers licensed by or subsequently licensed by the commission, shall expressly contain all provisions specifically as worded in Form BPR-0009-451, entitled Letter of Agreement Between Participant and Manager, incorporated herein by reference and effective May, 1990, and if they do not, shall be deemed to contain such provisions as required by Section 548.05(2), F.S.

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eNewsroom

Check out DBPR's eNewsroom, your source for important Department news and information. Here, you can watch public service announcements, read news releases, and subscribe to and flip through our publications.

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Visit us on the Web at www.MyFloridaLicense.com