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, update the agency’s physical and website address, and change all references ....

 

FLORIDA GAMING CONTROL COMMISSION

RULE NOS.:RULE TITLES:

75-3.001Procedures for Stewards’ Hearings

75-3.002Appeal Procedures

75-3.003Stay of Steward/Judges’ Penalty

75-3.004Payment of Fines

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, update the agency’s physical and website address, 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 updates the agency’s physical and website address, 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: 120.80(19), 550.0251(3), 550.2415(12) FS.

LAW IMPLEMENTED: 120.80(19), 550.0251, 550.054, 550.1155, 550.2415 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, at [e-mail] or [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

75-3.001 Procedures for Stewards’ Hearings.

(1) No change.

(2) Alleged violations of Chapter 550, F.S., or Chapter 75, F.A.C., in horseracing shall be heard by a board of stewards. Each horseracing permitholder shall establish a board of three stewards, at least one of whom shall be the state/commission division steward selected and hired by the commission division.

(3) Alleged violations of Chapter 550, F.S., or Division 75, F.A.C., in greyhound racing shall be heard by the division judge.

(3)(4) All hearings on alleged violations set forth in Section 120.80(19)(4)(a), F.S., which are to be heard by the stewards or division judge must be conducted pursuant to the following procedures set forth in subsections (5)-(21)(6)-(20), below, when the purpose of the hearing is to impose a fine or suspend a license. For purposes of review of a decision of the division judge or stewards, the commission division is hereby designated a proper party.

(4)(5) All proceedings involving violations other than those described in Section 120.80(19)(4)(a), F.S., which are to be heard by the stewards or division judge shall be conducted in accordance with the applicable provisions of Chapter 120, F.S.

(5)(6) Initiation of Proceedings.

(a) Proceedings before stewards and the division judge shall be made by written document entitled “Notice of Violation and Hearing.”

(b) No change.

(6)(7) Prior to a hearing for an alleged medication or drug violation, where redistribution of the purse may be involved, the stewards or division judge shall give at least five business days notice to each owner who may be adversely affected by the purse redistribution of the date, time, and location of the hearing.

(7)(8) Documents. Upon request to the stewards or division judge, any respondent shall be entitled to obtain copies of all audio and video recordings, witness statements, and laboratory analyses. A respondent requesting production shall pay the actual cost of production of such material. A respondent shall also be entitled to the names and addresses of all witnesses and investigators with information relevant to the matter(s) to be heard by the stewards or division judge.

(8)(9) Subpoenas.

(a) Subpoenas to compel the attendance of witnesses at hearing shall be issued by the commission division upon the request of a party or, the stewards or division judge. All requests for the issuance of subpoenas shall be directed to the stewards and division judge and such requests shall be forwarded to the commission division for issuance. The respondent requesting the subpoena shall arrange for their own service and pay all costs for the service of each subpoena.

(b) No change.

(9)(10) Witnesses. All witnesses shall be sworn and subject to examination and cross-examination.

(10)(11) Conduct of Hearing/Evidence.

(a) Oral testimony shall be taken only on oath or affirmation. Stewards and the division judge shall administer oaths and examine witnesses.

(b) and (c) No change.

(11)(12) Recordation. The stewards and division judge shall assure that a record of the proceedings is preserved. Proceedings shall be recorded on whatever media is available. Any respondent to a hearing may, at his/her own expense, provide a certified court reporter. Any respondent who wishes to make a written transcript of the recorded testimony shall request a copy of the recorded testimony and transcribe the same at his/her own expense.

(12)(13) Representation. A respondent in any proceeding conducted before stewards and the division judge may be represented by an attorney admitted to practice law in Florida or by any qualified representative as defined in Rule 28-106.106, F.A.C., who agrees to comply with the requirements of Rule 28-106.107, F.A.C. After written notice of appearance that a respondent is being represented by an attorney or qualified representative, all communications to a respondent concerning the case shall be made to the respondent’s attorney or representative, and the respondent’s attorney or representative shall be entitled to exercise the rights granted to the respondent under these rules.

(13)(14) Service of Notices of Violation and Hearing.

(a) The stewards and division judge shall set the time and place for all hearings and written notice thereof shall be served on all respondents, counsel, or other qualified representatives by personal service, when possible, otherwise in accordance with Section 120.60, F.S. At least five days notice shall be given for the hearing, unless otherwise agreed by the respondent.

(b) Any respondent who is served with a Notice of Violation and Hearing and does not appear at a hearing before the stewards or division judge, either in person or through representation, waives the right to the hearing.

(14)(15) Service of Papers. Unless the stewards or division judge otherwise order, every paper filed in a proceeding, except Notices of Violation and Hearing (as provided for in subsection (14), above) and requests for witness subpoenas, shall be served on each respondent. Service shall be made upon the respondent or respondent’s representative by hand delivering a copy or in accordance with Rule 28-106.110, F.A.C.

(15)(16) Continuances. The stewards or division judge shall grant a continuance of a hearing for good cause shown. In deciding whether good cause is shown, the division judge and stewards must consider whether the reason given by the licensee for requesting a continuance is an event out of the licensee’s control, such as the death of an immediate family member. Requests for continuance shall be made in writing.

(16)(17) Computation of Time. In computing any period of time prescribed or allowed by these rules or by any applicable statute, the day of the act from which the designated period of time begins to run shall not be included. Five days shall be added to prescribed time limits when service is made by mail.

(17)(18) Disqualification. Unless good cause is shown, all motions for disqualification of stewards or the division judge shall be made to the commission division in writing at least five days prior to the date scheduled for hearing. In deciding whether good cause is shown, the commission division must consider whether the reason given by the licensee for not meeting the five-day limitation is an event out of the licensee’s control, such as the death of an immediate family member.

(18)(19) Orders.

(a) In the event the stewards or division judge determine a statute or rule has been violated and a penalty of a license suspension of 60 days or less, or a fine not to exceed $1,000 is sufficient to address the violation, the stewards or division judge shall enter an order within 14 days after the hearing. The order shall include a caption, time and place of the hearing, findings of fact, statement of rules or statutes violated, and a ruling stating the length of any suspension and the amount of the fine imposed for each violation.

(b) In the event the stewards or division judge determine a statute or rule has been violated and a penalty of a license suspension of greater than 60 days, or a fine of greater than $1,000 should be imposed for the violation, the stewards or division judge shall forward a recommendation to the commission division stating their findings of fact, statement of statutes or rules violated, and recommended penalty within 14 days after the hearing. The recommendation shall be served to each party at the time it is forwarded to the commission division. A party shall have 14 days from the date the recommendation is issued in which to file a response with the commission division prior to the entry of a final order.

(20) renumbered (19) No change.

(20)(21) No person other than a party in a noticed proceeding shall attempt to influence the decision of the stewards or division judge regarding any case pending before them under this rule. This rule shall not prohibit the stewards or division judge from consulting with counsel regarding a matter pending before them.

(21)(22) A steward or judge employed by the commission division shall not sit in judgment of a matter pending before the permitholders’ stewards or judges that is based solely upon any rule of the permitholder.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(19)(4)(a), 550.0251, 550.1155 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 6-26-11, Formerly 61D-3.001, Amended       .

 

75-3.002 Appeal Procedures.

(1) The stewards and division judge shall include in their decision a notice to the licensee of the licensee’s right to an appeal hearing before the commission division director or his/her designee. In addition, the stewards and division judge shall provide the licensee with the procedures and time limits for invoking the right to an appeal. All requests for an appeal must be submitted in writing or on Form FGCC PMW-3100, Request for Appeal of Stewards’/Judges’ Ruling, effective 3-4-07, adopted herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-00306, and can be obtained at www.flgaming.gov www.fgcc.fl.gov or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399 2601 Blair Stone Road, Tallahassee, Florida 32399. The appeal shall state in writing the reason the licensee believes the judge’s or stewards’ order should be reversed.

(2) Failure of the licensee to file a request for an appeal hearing within 10 days of the decision of the stewards or division judge constitutes a waiver of the right to an appeal.

(3) Upon receipt of an appeal, the commission division shall review the appeal and the record to determine whether a legitimate issue of law has been presented that would require an appeal hearing to be scheduled. The commission division shall not substitute its judgment for the judgment of the stewards or division judge as to a finding of fact or the weight and credibility of evidence in the record. The commission division shall issue an order affirming the stewards or division judge if an appeal that merely disputes findings of fact based upon evidence is received by the stewards or division judge. Appeal hearings shall be conducted in person, by telephone, or by other electronic means.

(4) In the event the stewards or division judge make a determination that there is a reasonable suspicion to believe that a violation of Section 550.2415, F.S., has occurred, or in the event of a positive test for a substance prohibited under Section 550.2415, F.S., any purse money in question which has not been disbursed shall be placed on account with the permitholder’s comptroller. In the event that any purse money has been distributed, all individuals to whom the purse money has been directly distributed shall place monies equal to the amount received from the purse in a segregated interest bearing account in a recognized financial institution, and shall notify the commission division of the location of the account. The monies shall remain in the account until final disposition of the case, at which time control of the monies shall be returned to the original individuals; or if a violation is proved, the monies shall be transmitted to the permitholder for redistribution.

(5) If the commission division determines that the division judge or stewards have exceeded their jurisdiction, departed from the essential requirements of law, or incorrectly applied law to facts, it shall void their decision and either enter a decision for the licensee or shall prosecute the alleged violation itself with the respondent receiving rights to an administrative hearing pursuant to Section 120.57, F.S.

(6) No appeal shall be filed solely for the purpose of delaying imposition of a penalty through a stay pending appeal pursuant to Rule 75-3.003, F.A.C. If it becomes apparent that an appeal was sought solely to obtain a stay and delay the imposition of a penalty, the commission division shall issue an order dismissing the appeal and referring the case to the stewards or division judge to determine whether additional penalties should be imposed.

(7) Upon conclusion of the appeal hearing, the commission division director shall affirm or reverse the decision of the stewards/division judge with directions for an appropriate disposition of the case under the pari-mutuel statutes or rules.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(19)(4)(a), 550.0251, 550.054, 550.1155 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Formerly 61D-3.002, Amended       .

 

75-3.003 Stay of Stewards’/Judges’ Penalty.

(1) A request for an appeal hearing following a stewards’/judge’s ruling shall not automatically stay the decision of the stewards/judge regarding the penalty imposed. Any request for a stay of the penalty imposed shall specify the reasons supporting the issuance of a stay. The licensee’s request for a stay must be in writing or on Form FGCC PMW-3090, Request for Stay, effective 3-4-07, adopted herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-00307, and can be obtained at www.flgaming.gov www.fgcc.fl.gov or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399 2601 Blair Stone Road, Tallahassee, Florida 32399.

(2) Any party desiring a stay of stewards’/judge’s ruling shall first seek the stay from the stewards/judge, who shall grant the stay unless:

(a) The stewards or division judge enter a suspension of 60 days and refer the matter to the commission division with a recommendation for entry of an emergency suspension pursuant to Section 120.60(6), F.S., or an order of summary suspension pursuant to Section 550.2415(3)(c), F.S.; or

(b) The stewards or division judge find after a hearing with notice to the party seeking the stay that the stay is being sought solely for the purpose of delaying a penalty.

(3) The decision of the stewards/judge shall be in writing and shall be transmitted to the commission division and the parties within five days from the date the request for stay is received by the stewards/judge.

(4) If the stewards/judge deny the request for a stay or do not issue a written decision as required under subsection (3), the party is entitled to seek a stay from the commission division. After reviewing the decision of the stewards or division judge, the request for stay, and the record, the commission division shall grant or deny the stay.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3) FS. Law Implemented 120.80(19)(4)(a), 550.0251, 550.1155 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Formerly 61D-3.003, Amended       .

 

75-3.004 Payment of Fines.

All civil penalties imposed by the stewards/division judge must be paid within 15 days of the ruling unless the ruling is appealed and a stay has been entered pursuant to Rule 75-3.003, F.A.C. The fine must be paid within 15 days of the resolution of the appeal.

Rulemaking Authority 120.80(19)(4)(a), 550.0251(3), 550.2415(12) FS. Law Implemented 120.80(19)(4)(a), 550.0251, 550.054, 550.1155, 550.2415 FS. History–New 10-20-96, Amended 1-5-98, 4-12-06, 6-26-11, Formerly 61D-3.004, Amended       .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Florida Gaming Control Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: 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