61D-11.009. Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination License

(1) A person employed or otherwise working in a cardroom as a cardroom manager, floor supervisor, brush, chip counter, sorter, poker room host/hostess, surveillance operator, cashier, dealer, or any other activity related to cardroom operations while the facility is conducting card playing or games of dominoes must apply for or renew a cardroom occupational license by completing and submitting the following:

(a) A complete Form DBPR PMW-3120, Individual Occupational License Application, incorporated by reference in Rule 61D-5.001, F.A.C.

(b) A complete set of fingerprints and the fingerprint fee:

1. Each set of fingerprints must be submitted to the division either on an FD-258 fingerprint 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 as part of the initial or renewal application. 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.

(c) The cardroom employee occupational license fee of $100.00 for a three-year cardroom employee occupational license.

(2) Sworn Florida Law Enforcement officers are exempt from the fingerprint requirement of paragraph (1)(b), above.

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

(4) Request for waiver of any disqualifying factors in an application that would otherwise be grounds for denial of the license application shall be made on Form DBPR PMW-3180, Request for Waiver, incorporated by reference in Rule 61D-5.001, F.A.C.

(5) Cardroom Employee Occupational 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 Employee 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.

(6) Food service, maintenance, and security employees with a valid pari-mutuel occupational license who do not perform any activity related to cardroom operations will not be required to hold a Cardroom Employee Occupational License.

(7) A manager or supervisor identified in subection 61D-11.009(1), F.A.C., may be required to hold a Pari-Mutuel Professional Occupational License pursuant to Section 550.105, F.S., and a Cardroom Employee Occupational License pursuant to Section 849.086(6), F.S. These individuals may seek both licenses by submitting only the items required in subsection (1) of this rule and identifying that they intend to seek both licenses on Form DBPR PMW-3120, Individual Occupational License Application, incorporated by reference in Rule 61D-5.001, F.A.C. If the division grants the application for licensure, it shall issue both a Pari-Mutuel Professional Occupational License and a Cardroom Employee Occupational License to the applicant.

(8) All cardroom employee occupational licensees shall wear their photo identification, issued pursuant to subsection 61D-11.012(9), F.A.C., while on duty. A cardroom employee shall not attempt to hide his or her photo identification from any patron or from surveillance cameras.

(9) Cardroom occupational licensees shall have the option to only wear a facility issued employee photo identification card if the employee has the Cardroom Employee Occupational License on their person at all times.

(10) During the three year term of a valid occupational license issued by the division, an individual may need another type of occupational license for any reason, such as a change in his or her employment or job duties. From the date an occupational license is granted until May 1 of the year in which the license expires, a licensure may request to upgrade the valid occupational license they hold to another occupational license type to which the division allows an upgrade.

(a) A holder of Cardroom Employee Occupational License may request to upgrade their existing license to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

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

1. A request to upgrade 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 Employee Occupational Licensee shall not be required to pay a fee to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

3. Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, incorporated by reference in Rule 61D-14.005, 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.

(11) 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 in subsection (1) or (10), above.

(12) Any person 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, 3-4-07, 9-7-08, 7-21-14, 1-2-18, 9-1-20.