61D-14.020. Excluded Persons

(1) The slot machine licensee’s internal controls shall set forth the criteria for exclusion of individuals from the slot machine licensee’s facility.

(2) Each slot machine licensee shall maintain a database of persons entitled “Exclusion List,” and report such list to the division on no less than a weekly basis. The Exclusion List shall contain information on:

(a) Persons the slot machine licensee has excluded from its facilities for a specific amount of time as determined by the licensee, not including persons self-excluded as compulsive gamblers; and,

(b) Persons who have been excluded by a final order of the division or an emergency order of suspension or exclusion by the division pursuant to Section 120.60, F.S.

(3) The excluded person’s name shall be entered on each slot machine licensee’s Exclusion List, and each slot machine licensee shall make every reasonable effort to remove any listed individual from its facility.

(4) A slot machine licensee’s Exclusion List shall include the following information for each person listed:

(a) The full name and aliases, if known, of the person to be excluded;

(b) A description of the person’s physical appearance, including height, weight, type, build, color of hair and eyes and other physical characteristics which would assist in the identification of the person;

(c) Date of birth;

(d) The date the person was excluded;

(e) A brief explanation of why the person has been excluded; and,

(f) The length of time of exclusion that includes the start date of exclusion.

(5) If obtainable, a photograph of the excluded person shall be kept on file in the surveillance department.

(6) If the slot machine licensee withholds winnings from any excluded person, such withheld winnings shall be included in the slot machine licensee’s revenues pursuant to subsection 61D-14.081(4), F.A.C.

(7) The slot machine licensee’s agents or employees shall immediately inform the slot machine licensee’s security department whenever an excluded person enters or attempts to enter, or is found present at a slot machine licensee’s facility from which that person has been excluded. The security department shall:

(a) Request such excluded person to not enter or if on the premises to immediately leave; and,

(b) Notify the appropriate law enforcement agency and the division if such excluded person fails to comply with the request of the licensee, its agents or employees.

(8) If a slot machine licensee seeks to remove an individual from the Exclusion List who has excluded himself or herself, the licensee must notify the division at 1400 W. Commercial Blvd., Ft. Lauderdale, FL 33309, at least 14 days prior to the requested removal date. The request shall be delivered on the date of the request to the division. The slot machine licensee shall submit a request to the division that includes the following information on the individual the licensee seeks to remove from the Exclusion List:

(a) The full name and any aliases, if known, of the individual currently excluded from the facility;

(b) A description of the individual’s physical appearance, including height, weight, type of build, color of hair and eyes, and other physical characteristics which would assist in the identification of the individual;

(c) The individual’s date of birth;

(d) The date the individual was originally excluded;

(e) The original term of the individual’s exclusion;

(f) If obtainable, a photograph, and the date of the photo;

(g) A brief description of why the individual was originally excluded from the slot machine licensee facility; and,

(h) A statement signed by the slot machine licensee president or general manager justifying removing the excluded individual from the slot machine licensee Exclusion List and stating that the slot machine licensee internal control requirements have been observed.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1), (g), (i), 551.112, 551.118 FS. History–New 6-25-06, Amended 6-21-10, 5-30-17.