61D-11.008. Cardroom Business Occupational License

(1) As part of the initial application or renewal for a cardroom business occupational license provided in Section 849.086, F.S., an applicant shall submit the following:

(a) A complete Form DBPR PMW-3130, Business Occupational License Application, incorporated by reference in Rule 61D-5.001, F.A.C.,

(b) The $500.00 licensing fee for a three-year license.

(c) A complete set of fingerprints and the fingerprint fee for each officer, director and manager. Also, a complete set of fingerprints and the fingerprint fee for each shareholder and/or equity holder holding 10 percent or more interest in the business. The complete set of fingerprints and the fingerprint fee submitted must comply with the following:

1. Each set of fingerprints must be submitted to the division either on an FD-258 finger card or via a livescan device. Each applicant sending fingerprints via a livescan device must provide the Florida Department of Law Enforcement (FDLE) approved livescan service provider the correct Originating Agency Identifier (ORI) number, which is FL920630Z, in order for the division to receive his or her fingerprint results. Applicants timely renewing their license, whose fingerprints have been retained by FDLE, shall not be required to submit a complete set of fingerprints.

2. For each set of fingerprints submitted via livescan device, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the livescan service provider. For each set of fingerprints submitted on an FD-258 fingerprint card or retained by FDLE, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the division.

(d) All individuals identified in paragraph (1)(c) above shall complete a Form DBPR PMW-3140, Disclosure for Individuals Related to a Business, effective September 2020, incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-12092, and which can be obtained at http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

(2) A Cardroom Business Occupational License applicant is subject to denial of its initial or renewal application as outlined in Sections 550.105 and 849.086, F.S., based on the disqualifying criminal convictions, civil judgments or discipline history in Florida or other racing jurisdictions of the business entity or the individuals associated with the applicant identified in paragraph (1)(c). A business applicant who is subject to denial of its business application may seek a waiver from the Division Director. A request for waiver of any disqualifying factors in an application that would otherwise be grounds for denial of a license application shall be made on Form DBPR PMW-3180, Request for Waiver, incorporated by reference in Rule 61D-5.001, F.A.C.

(3) All individuals associated with an applicant for a Cardroom Business Occupational License who require access to the cardroom shall be required to hold a valid Cardroom Employee Occupational License issued by the division. Individuals who hold a valid Cardroom Employee Occupational License issued by the division shall not be required to provide a form DBPR PMW-3140 or resubmit fingerprints as part of an initial or renewal application for a Cardroom Business Occupational License.

(4) A business entity may not be issued or possess a cardroom business occupational license in this state if the corporation, partnership, or business entity, or applicant for or holder of the business entity license has been convicted of a felony or misdemeanor involving forgery, larceny, extortion, or conspiracy to defraud, or filing false reports to a government agency, racing or gaming official in this state or any other state or under the laws of the United States; or a felony or misdemeanor set forth in Section 550.105, F.S.

(5) Sworn Florida Law Enforcement officers are exempt from the fingerprint requirement in paragraph (1)(c), above.

(6) Cardroom Business Cccupational Licenses issued and renewed pursuant to Section 849.086, F.S., shall have an effective date of July 1st and shall be valid for a period of three state fiscal years. A license granted pursuant to an application for a cardroom business occupational license submitted between May 1st and June 30th shall have an effective date of July 1st of the next state fiscal year. A license granted pursuant to an application received outside of this period shall have an effective date beginning July 1st of the same state fiscal year in which the application was received.

(7) All licensing and fingerprint fees are nonrefundable, except in situations where the applicant was charged in error or the applicant withdraws the application before processing begins.

(8) During the three year term of a valid occupational license issued by the division, a business may require another type of occupational license for any reason, such as a change in the goods and services the business provides or offers. From the date an occupational license is granted until May 1 of the year in which the license expires, a licensee may request to upgrade the valid occupational license they hold to another occupational license type to which the division allows an upgrade.

(a) A Cardroom Business Occupational Licensee may request to upgrade their existing license to a Slot Business Occupational License.

(b) In order to request an upgrade of the valid occupational license held by a business the licensee must submit the following to the division:

1. A request to update the existing occupational license on Form DBPR PMW-3450, License Upgrade Application, incorporated by reference in Rule 61D-14.005, F.A.C.

2. The difference in the license fee, if any, between the occupational license held by the licensee and the license type to which the licensee is requesting to upgrade. A Cardroom Business Occupational Licensee must pay the $1,500.00 difference to upgrade their license to a Slot Business Occupational License.

3. Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, incorporated by reference in Rule 61D-14.006, F.A.C.

(c) All upgrade applicants shall provide the division with the fingerprint resubmission fee established by FDLE and the Federal Bureau of Investigation. An application for a license upgrade shall be granted or denied according to the specific licensure requirements of the license for which an applicant has applied to upgrade pursuant to Chapters 550, 551 and/or Section 849.086, F.S., and pursuant to the licensing requirements of Section 120.60, F.S.

(d) A license issued by the division pursuant a license upgrade request shall have the following effect:

1. The license held by the applicant prior to the license upgrade request shall no longer be effective and shall be deemed void on the date the division grants the upgraded license.

2. The license to which the applicant requested to upgrade shall be valid on the date the division grants the license and shall expire on the same date as the license from which the applicant upgraded expired.

(9) A license application shall lapse and no longer be processed by the division, if the applicant fails to provide the division with a complete application within 120 days of a notice issued by the division pursuant to Section 120.60(1), F.S. A Person with a lapsed license application shall not be eligible to participate in activities that require an occupational license. An Applicant seeking a cardroom occupational license as an initial or renewal applicant following the lapse of their previous license application shall be required to reapply by submitting all materials and fees required to subsections (1) or (8), above.

(10) Any business whose occupational license has expired and who seeks a subsequent occupational license:

(a) Within one year of the expiration of the license, shall be considered an applicant for renewal of that license.

(b) Longer than one year after expiration of the license shall be considered an initial applicant for an occupational license.

Rulemaking Authority 550.0251(12), 550.105(2)(b), (10)(a), 551.107(2)(b), 849.086(4)(a), (6)(d), (f) FS. Law Implemented 550.0251, 550.105, 551.107, 559.79, 849.086(6) FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, 9-1-20.