The purpose and effect of this proposed rulemaking is to update the rules to remove references to live greyhound racing in the State of Florida and change all references from division to commission to reflect the type two ....

 

FLORIDA GAMING CONTROL COMMISSION

RULE NOS.:RULE TITLES:

75-2.001General Definitions

75-2.004Wagering Prohibitions

75-2.006Electrical or Mechanical Device Prohibition

75-2.010Photofinish Camera and Video Tape Requirement

75-2.011Post Position Drawing Requirement

75-2.012Racing Animal Identification

75-2.020Pari-Mutuel Wagering Racing and Game Officials

75-2.023Animal Welfare

75-2.024Track General Rules

75-2.025Race General Rules

PURPOSE AND EFFECT: The purpose and effect of this proposed rulemaking is to update the rules to remove references to live greyhound racing in the State of Florida and change all references from division to commission to reflect the type two transfer that created the Florida Gaming Control Commission.

SUMMARY: The proposed rulemaking amends Commission rules in order to remove references to live greyhound racing in the State of Florida and changes all references from division to commission to reflect the type two transfer that created the Florida Gaming Control Commission.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 550.0251(3), (5), 550.105(2)(b), 550.155(1), 550.1815(5), 550.2415(12), 550.2625(2)(d), 550.3551(10), 550.495(2)(a), (4) FS.

LAW IMPLEMENTED: 550.0251, (11), 550.054, 550.105, (2)(a)3, 550.155, 550.1815, 550.235, 550.2415, (6), (9), 550.2625, 550.3551, 550.3615, 550.495, 550.6305 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Melba Apellaniz, Clerk of the Commission, [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

75-2.001 General Definitions.

(1) through (4) No change.

(5) “Contest” means a race or game between horses, greyhounds, or players for purses, stakes, or reward on any licensed race course or fronton and conducted in the presence of judges or stewards.

(6) through (9) No change.

(10) “Permitholder” means any person, persons or entity holding a permit issued by the commission division for a pari-mutuel facility.

(11) No change.

(12) “Permitholder license” means an annual license issued by the commission division to conduct pari-mutuel operations at a location specified in the permit for a specific type of pari-mutuel event specified in the permit.

(13) through (17) No change.

(18) “State office” means the commission division office located at each pari-mutuel facility.

(19) No change.

(20) “Vendor” means any business or person providing goods or services to a contractual concessionaire, pari-mutuel licensee, or pari-mutuel permitholder when the goods or services provided require the vendor’s employees to be on the stable backside or kennel compound and come into contact with players, racing animals, or provide direct services for the support of players or racing animals at any time during any time a pari-mutuel facility is open for pari-mutuel wagering. Vendors do not include medical professionals, blacksmiths or platers.

(21) No change.

Rulemaking Authority 550.0251(3), (5), (8)(b), 550.105(2)(b), 550.155(1), 550.1815(5), 550.2415(12)(13), 550.2625(2)(d), 550.3551(10), 550.3615(5), 550.495(2)(a), (4), 550.6305(5) FS. Law Implemented 550.0251, 550.054, 550.105, 550.155, 550.1815, 550.2415, 550.2625, 550.3551, 550.3615, 550.495, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Formerly 61D-2.001, Amended                .

 

75-2.004 Wagering Prohibitions.

(1) No jai alai player or game official, racing official, assistant to a game or racing official, or totalisator employee, or greyhound leadout shall wager on or receive the benefits from a wager of any live race or game conducted at a track or fronton at which he/she works or officiates.

(2) No jockey, jockey’s room attendant, valet, or harness driver shall wager on or receive the benefits of a wager on a race unless the owner or trainer, on behalf of the jockey or driver, makes the wager only to win or to finish first in combination with other horses. Jockeys and drivers must maintain for one year records of wagers made by the owners or trainers on their behalf and must make the records available to the stewards or to the commission division upon request.

(3) Horse or greyhound trainers shall be allowed to wager on a race in which they have entered a horse or greyhound subject to the following restrictions. All such wagers shall include the trainer’s horse or greyhound: Win; Place, in the same or lesser dollar amount as win; Show, in the same or lesser dollar amount as win and place; Quinella; Perfecta, with trainer’s horse or greyhound on bottom in the same or lesser dollar amount as on top; Trifecta with the trainer’s horse or greyhound on top; Trifecta Box; Daily Double; Daily 3 and pick (N).

Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.0251, 550.105, 550.235, 550.3615 FS. History–New 10-20-96, Amended 4-12-06, Formerly 61D-2.004, Amended                   .

 

75-2.006 Electrical or Mechanical Device Prohibition.

No person having access to the grounds of a pari-mutuel racing permitholder where racing animals are lodged or kept shall have in his/her possession while on the grounds of a pari-mutuel racing permitholder, any electrical or mechanical device designed or used to increase or decrease the speed of a horse or greyhound (or that which tends to do so). This rule does not exclude the use of the ordinary whip in horse racing.

Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.0251, 550.105, 550.235 FS. History–New 10-20-96, Amended 4-12-06, Formerly 61D-2.006, Amended                     .

 

75-2.010 Photofinish Camera and Video Tape Requirement.

(1) Each permitholder conducting horse racing or, harness racing, or greyhound racing shall have a photofinish camera or digital image as an aid to the stewards/judges. The photograph or digital image of each finish in which the stewards/judges call for a photograph shall be posted or televised on closed circuit television throughout the facility for viewing by the public as promptly as possible after the race and for a reasonable period thereafter of not less than ten minutes.

(2) through (5) No change.

Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251, 550.155, 550.2625 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Formerly 61D-2.010, Amended                 .

 

75-2.011 Post Position Drawing Requirement.

Each permitholder conducting greyhound racing, thoroughbred racing or harness racing, shall ensure that the entries and post positions for each race are drawn by lot, and that the time and place for the drawing are posted in a conspicuous location where such notice can be observed by an occupational licensee at least eight hours prior to the drawing. The eight-hour notice requirement will be waived by the commission division upon notice to the state steward or judge that a specific race has not been filled and that more time is needed before a drawing can occur. Any drawing conducted on a dark day must comply with the eight-hour notice requirement; however, the eight-hour notice requirement will be waived by the commission division on a dark day drawing where a specific race has not been filled and more time is needed before a drawing can occur. The commission division may file an administrative complaint against the permitholder or its agent for failure to notify the state steward or judge of a delay in the draw. However, the action must be requested by the state steward or judge and result from an inability of an occupational licensee to witness the draw due to improper notice. All post position drawings shall be open to any occupational licensee who chooses to witness the draw.

Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 6-12-97, Amended 5-31-06, Formerly 61D-2.011, Amended                 .

 

75-2.012 Racing Animal Identification.

The paddock judge/horse identifier in horse racing and harness racing, and the paddock judge in greyhound racing shall be responsible for confirming the identity of each racing animal by reading the tattoo and verifying the markings on the animal. Each shall be responsible for ensuring the racing animal is properly blanketed and placed in the appropriate starting gate or starting box. No racing animal shall be permitted to be entered or started unless tattooed and a registration certificate is on file with the racing secretary.

Rulemaking Authority 550.0251(3), 550.105(2)(b) FS. Law Implemented 550.0251, 550.235 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Formerly 61D-2.012, Amended                  .

 

75-2.020 Pari-Mutuel Wagering Racing and Game Officials.

(1) Each licensed pari-mutuel wagering permitholder shall designate persons, if required by the permitholder, for horse racing, harness racing, greyhound racing, or jai alai games, depending upon the type of permit held, for the following functions as racing or game officials:

(a) and (b) No change.

(c) Greyhound Racing: authorized judges, racing secretary, paddock judge, patrol judge, clerk of scales, kennel master, greyhound leadout, lure operator, starter, veterinarian, and chief of security.

(d) renumbered as (c) No change.

(2) If a permitholder prescribes rules and duties for their appointed racing and game officials such rules shall not conflict with Chapter 550, F.S., and the rules adopted thereto. A permitholder shall file a copy of any house rules with the commission division together with any amendments to such house rules when adopted.

(3) No change.

(4) In addition to the duties prescribed by the permitholder’s house rules, in greyhound racing the Kennel Master shall:

(a) Inspect the lock-out kennels to ensure that the kennels are in good repair and that nothing has been deposited in any of the crates that could be consumed by the greyhounds. He shall ensure that the crates have been cleaned, sprayed, and disinfected and are in sanitary condition.

(b) Receive the greyhounds immediately after they are weighed and ensure that they are placed in the proper crate by race and post position. No persons other than the kennel master, paddock judge, veterinarian, clerk-of-scales, lead-outs, judges or division representatives shall be allowed in the lock-out kennel once loading starts.

(c) Remain on duty at the lock-out kennel to ensure security of the kennel from the time the first greyhounds are received until the greyhounds are removed for the last race. Only authorized persons shall be allowed in the lock-out kennel and at no time shall the kennel master allow any less than two authorized persons to be present in the lock-out kennel after the greyhounds are loaded. Lead-outs entering the lock-out area must be under the direct supervision of or accompanied by a racing or division official.

(5) In addition to the duties prescribed by the permitholder’s house rules, in greyhound racing the patrol judge shall ensure that following a race, racing blankets are not removed from the greyhounds until the greyhounds are accepted by their respective kennel owner/operator, trainer, or authorized representative.

(6) renumbered as (4) No change.

(5)(7) No jai alai judge shall be under contract as an active player in a fronton in which that judge officiates. In event of an emergency, a temporary judge shall be chosen by fronton management from the roster of active players and such appointment shall be reported to the commission division judge.

Rulemaking Authority 550.0251(3), (11), 550.105(2)(c), (4)(b), (9), 550.2415(12)(13), 550.2625(2)(d) FS. Law Implemented 550.0251, 550.09514, 550.105, 550.235, 550.2415, 550.2625 FS. History–New 10-20-96, Amended 12-15-97, Formerly 61D-2.020, Amended               .

 

75-2.023 Animal Welfare.

(1) A permitholder shall ensure that:

(a) All stables and, barns, or kennels are inspected by the local fire marshal at least every 24 months for compliance with local fire safety code and that documentation of compliance is maintained;

(b) All stables and, barns, or kennels are equipped with smoke and/or temperature alarms and at least one fire extinguisher that has a current annual inspection tag that bears the date of the last inspection;

(c) Lighting in the stables and, barns, or kennels is kept in working order at all times;

(d) and (e) No change.

(f) All occupied stables and, barns, or kennels are free from insects and rodents by establishing a maintenance program for the prevention of insects and rodents;

(g) and (h) No change.

(i) The racing secretary, judge, or a permitholder’s representative completes a weekly documented walk-through of each occupied barn and, stable, or kennel.

(2) A greyhound racing permitholder shall ensure that:

(a) A shaded area is provided for parking at the facility for greyhound transport trucks that are used to bring racing greyhounds to and from the track for racing;

(b) A cool-down pool and/or water hose to cool down greyhounds is provided post race and during official and unofficial schooling events;

(c) Sprint paths:

1. Are surrounded by a chain link fence at least four feet in height;

2. Are free of broken or protruding wires or obstructions;

3. Have a smooth surface which is made of dirt or sand or a mixture of the two; and

4. Have drainage sufficient to prevent standing water.

(d) Turnout pens:

1. Are free of broken or protruding wires or obstructions;

2. Have gates that connect to the other pens;

3. Have at least a 10-foot overhang from the building;

4. Are surrounded by a fence at least six feet high;

5. Have working water spigots;

6. Have drainage sufficient to prevent standing water; and

7. Have sand of an average depth of four inches.

(e) Kennel crates:

1. Are a minimum of two feet wide, three feet long and 32 inches high; and

2. Are maintained so that they are free of broken or protruding wires or rust, and constructed of metal and are movable to protect the greyhounds from injury; and

3. Have a latch.

(3) A greyhound racing trainer shall ensure that:

(a) They or a designee are available for kennel inspections daily from 7:00 a.m. to 9:00 a.m. or 2:00 p.m. to 4:00 p.m. by division personnel;

(b) Food supplies and bedding materials are stored in such a manner that they are protected from contamination, spoilage, or infestation;

(c) Bowls, dishes, and other containers used for feeding and watering are cleaned and disinfected daily;

(d) Muzzles worn by racing greyhounds are made of plastic or padded wire and are not worn, broken, or rusted;

(e) All turnout pens and sprint paths are free of debris and trash, and maintained in a sanitary environment prior to use by greyhounds;

(f) No more than one greyhound shall be contained in each crate within the kennel;

(g) Crates are sanitized at least once daily, or more frequently as necessary, in order to maintain a sanitary environment;

(h) Greyhounds are provided with clean, fresh water in the exercise areas, kennels, and turn-out pens; and

(i) Kennel crates with broken or protruding wires or rust are reported to the permitholder upon discovery;

(j) A roster is maintained to identify each racing greyhound housed in the kennel. The roster shall contain the following information:

1. Initial date of arrival;

2. Name and tattoo number of the racing greyhound;

3. Owner’s name;

4. Trainer’s name;

5. Kennel name;

6. Date of departure from the kennel; and

7. Name and license number of person transporting the racing greyhound.

(k) The division is notified within 18 hours of the death of any racing greyhound that occurred on the grounds of a greyhound track or kennel compound. The notification shall contain at least the following information:

1. Track/facility where death occurred;

2. Incident date/time;

3. Greyhound registered name;

4. Tattoo numbers;

5. Reporting person’s name and telephone number;

6. Kennel operator, address, and telephone number;

7. Trainer’s name and telephone number;

8. Location of deceased animal.

(4) through (5) renumbered as (2) through (3) No change.

(6) The greyhound trainer of record shall be responsible for physically inspecting the greyhounds in their care for sores, cuts, abrasions, muzzle burns, fleas and ticks, and providing food on a daily basis.

(4)(7) A horseracing trainer shall ensure that:

(a) and (b) No change.

(c) The commission division is notified within 18 hours of the death of any racehorse that occurred on the grounds of a horse track or training facility. The notification shall contain at least the following information:

1. through 8. No change.

(8) through (10) renumbered as (5) through (7) No change.

Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251(11), 550.105(2)(a)3., 550.2415(6), (9) FS. History–New 5-21-13, Formerly 61D-2.023, Amended             .

 

75-2.024 Track General Rules.

(1) The permitholder shall notify the commission division in writing within three days after any changes to track dimensions or design.

(2) and (3) No change.

(4) All greyhound tracks shall have an inner rail and all harness tracks shall have an outer rail.

(5) and (6) No change.

Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 9-29-16, Formerly 61D-2.024, Amended   .

 

75-2.025 Race General Rules.

(1) and (2) No change.

(3) Each greyhound race:

(a) Must be conducted on a track that is at least 17 feet in width; and,

(b) Must not be shorter than 990 feet in length.

(4) through (7) renumbered as (3) through (6) No change.

(7)(8) Horse races must be recorded by at least three video cameras if the race includes turns or two video cameras if the race is on a straight track.

(a) and (b) No change.

(c) Copies of race recording must be provided to the commission division upon request.

Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New 9-29-16, Formerly 61D-2.025, Amended    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Gaming Control Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Commissioners of the Florida Gaming Control Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 3, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 17, 2024