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 commission’s physical and website address, and change all references ....

 

FLORIDA GAMING CONTROL COMMISSION

RULE NOS.:RULE TITLES:

75-5.002Possession of a License

75-5.004Temporary Occupational Licenses

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 commission’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 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), 550.105(2)(b), (6), (10)(a) FS.

LAW IMPLEMENTED: 550.0251, 550.105 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:

 

75-5.002 Possession of a License.

(1) Unless exempted in subsection (2) of this rule, when on the grounds of a permitholder, licensees shall conspicuously wear their current Pari-Mutuel Wagering Occupational License issued by the commission division.

(2) When performing their pari-mutuel occupations, the following persons shall retain on the permitholder’s premises their current license:

(a) through (d) No change.

(e) Exercise persons.; and

(f) Leadouts.

Rulemaking Authority 550.0251(3), 550.105(2)(b), (6), (10)(a) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, Formerly 61D-5.002, Amended             .

 

75-5.004 Temporary Occupational Licenses.

(1) The commission division shall issue a temporary occupational license within 30 days of receipt of the application submitted pursuant to Rule 75-5.001, F.A.C., when the following conditions are met:

(a) through (c) No change.

(d) The commission division has not issued the applicant’s occupational license; and

(e) If the applicant has previously applied to the commission division for a license, the applicant’s most recent application prior to the current application for licensure did not lapse pursuant to Rule 75-5.001, F.A.C.

(2) A temporary license can be obtained by the horse owner’s licensed trainer, or by the greyhound owner’s licensed kennel operator or trainer on behalf of a greyhound owner, horse owner, or stable, or kennel. The commission division shall issue this temporary occupational license when the following conditions are met:

(a) The applicant has submitted a completed Form FGCC PMW-3110, Animal Owner Temporary License Application, effective September 2020, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12088, and can be obtained at flgaming.gov www.fgcc.fl.gov or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399 Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037;

(b) No change.

(c) The greyhound owner, horse owner or, stable, or kennel for which the application is submitted is in good standing, not under suspension, has not had a license revoked, has not been denied a license, and has not been declared ineligible for licensure in Florida or any other racing or gaming jurisdiction;

(d) The greyhound owner, horse owner or, stable, or kennel has not been convicted of or had adjudication withheld on any disqualifying criminal offense listed in Section 550.105(5), F.S.;

(e) The greyhound owner, horse owner or, stable, or kennel for which the application is submitted has not been issued an occupational license by the commission division; and

(f) If the greyhound owner, horse owner or, stable, or kennel for which the application is submitted has previously applied to the commission division for a license, the applicant’s most recent application prior to the current application for licensure did not lapse pursuant to Rule 75-5.001, F.A.C.

(3) All temporary licenses issued by the commission division are subject to the same requirements of Chapter 550, F.S., and Chapter 75-5, F.A.C., as pari-mutuel occupational licenses.

(4) The granting of a temporary license is conditioned on the honesty of an applicant in his, her or its application. The commission Division shall revoke a temporary license if the applicant falsely swore to a material statement in the application relating to the applicant’s criminal history or suspension, unpaid fines, revocation or denial in Florida or another racing or gaming jurisdiction.

(5) A holder of a temporary individual pari-mutuel occupational license shall cease all activity requiring the possession of a pari-mutuel occupational license if the commission division denies the application for permanent licensure.

(6) No change.

(7) All temporary licenses issued by the commission division shall be immediately surrendered if the commission division grants the applicant a permanent license.

Rulemaking Authority 550.0251(3), 550.105(2)(b), (6) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 9-11-11, 9-1-20, Formerly 61D-5.004, 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