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:

75-8.003Reporting Requirements for Charity/Scholarship Performances

75-8.006Purse Requirements, Greyhound Racing

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), (7), 550.125(2)(b), 550.155(1) FS.

LAW IMPLEMENTED: 550.0251, 550.0351, 550.125, 550.155, 550.1647 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, Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399. Tel: [phone]. Email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

75-8.003 Reporting Requirements for Charity/Scholarship Performances.

(1) Proceeds from all charity/scholarship performances shall be distributed only to proposed recipients which are determined by the commission division to be in compliance with Section 550.0351, F.S. Any charity registered with or determined to be exempt by the Division of Consumer Services pursuant to Chapter 496, F.S., shall be deemed in compliance with Section 550.0351, F.S. It shall be the permitholder’s responsibility to insure that charity recipients are registered or have been determined to be exempt pursuant to chapter 496, F.S., or are duly qualified with the commission division by the filing of a copy of the exemption from taxation issued by the Internal Revenue Service to such charity.

(2) No change.

(3) Within 120 days after the conclusion of its fiscal year each permitholder shall pay the proceeds of all charity performances to the authorized charities and, within 45 days after the required due date for such payments, shall submit to the commission division Form FGCC PMW-3540, Statement of Proceeds for Charity Day Performance, hereby incorporated by reference in this rule (http://www.flrules.org/Gateway/reference.asp?No=Ref-17156), and Form FGCC PMW-3550, Charity Day Proceeds and Distribution, hereby incorporated by reference in this rule (http://www.flrules.org/Gateway/reference.asp?No=Ref-17157). Copies of Form FGCC PMW-3540, Statement of Proceeds for Charity Day Performance and Form FGCC PMW-3550, Charity Day Proceeds and Distribution, may be obtained at www.flgaming.gov or by contacting the Florida Gaming Control Commission, 4070 Esplanade Way, Suite 250, Tallahassee, Florida 32399. both adopted and incorporated by Rule 75-10.001, F.A.C. Copies of supporting documentation such as checks should be included with the forms, along with a statement and reconciliation. which includes all deductions and additions of money, and support for all banking transactions including bank statements, for the “Greyhound Adopt-A-Pet Day.”

(4) A greyhound permitholder may hold one additional charity day, designated as “Greyhound Adopt-A-Pet Day,” as authorized by Section 550.1648, F.S. “Profits” for this charity event shall be calculated in the same manner as required for “proceeds” in Sections 550.0351(4) and (5), F.S.

(5) The permitholder must maintain an accounting of the funds related to the “Greyhound Adopt-A-Pet Day” charity. All revenue associated with this charity event must be deposited into a separate account, within 7 days of the event. Documentation, including names of recipients, individuals or entities, must be maintained of all disbursements from the fund account. Disbursements may be made only to recipients allowed by Section 550.1648, F.S., in that the money must be used to support activities for promoting greyhound adoptions.

(6) The permitholder is the custodian of the funds related to the “Greyhound Adopt-A-Pet Day” charity event. As part of any review by the division in which it is determined there were unlawful recipients of the charity funds, the permitholder will be required to reimburse the fund for the amount of the improper disbursement(s).

Rulemaking Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1) FS. Law Implemented 550.0251, 550.0351, 550.125, 550.155, 550.1647, 550.1648 FS. History–New 10-20-96, Amended 12-15-97, 6-29-05, 4-12-06, Formerly 61D-8.003, Amended             .

 

75-8.006 Purse Requirements, Greyhound Racing.

Rulemaking Authority 550.6305(5) FS. Law Implemented 550.09514(2)(d) FS. History–New 9-19-04, Formerly 61D-8.006, Repealed             .

 

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