The purpose and effect of the proposed rule will be to implement and interpret Florida Statutes that relate to rules regulating the conduct of slot machine operations at pari-mutuel racing facilities.

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering

RULE NO: RULE TITLE
61D-14.091: Jobs Compendium Requirement
61D-14.092: Content of Jobs Compendium
61D-14.093: Critical Staff Level List
61D-14.094: Department Approval of Critical Staff Level List Requirement
61D-14.095: Critical Staff Level Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to implement and interpret Florida Statutes that relate to rules regulating the conduct of slot machine operations at pari-mutuel racing facilities.
SUMMARY: The rules address the following subject areas: a rule requiring a jobs compendium of each licensed slot operations facility to classify all positions for licensure and operational evaluations contained in Rule 61D-14.091, F.A.C.; specify the content of the jobs compendium providing a description of required information and form for presentation for department approval contained in Rule 61D-14.092, F.A.C.; a requirement for a critical staff level list to reflect the minimum number of employee positions necessary to operate a licensed facility during normal periods of operation and also during special occasions or events contained in Rule 61D-14.093, F.A.C.; procedures for approval of the Critical Staff Level List contained in Rule 61D-14.094, F.A.C.; a requirement that facilities assure staffing levels meet critical staff level requirements for operations contained in Rule 61D-14.095, F.A.C.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 551.103, 551.122 FS.
LAW IMPLEMENTED: 551.103(1)(a), (b), (g), (i) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: January 4, 2007, 9:00 a.m. – 10:00 a.m.
PLACE: Florida Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 N. Monroe Street, Tallahassee, Florida 32399
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1035
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the Department at least 5 calendar days before the hearing by contacting Mary Polombo at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Dual Party Relay System by calling [phone] (Voice) or [phone] (TDD).
Written comments or suggestions on the proposed rule may be submitted to: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-1035, within 21 days of this notice for inclusion in the record of this proceeding.

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-14.091 Jobs Compendium Requirement.

(1) Each applicant for a slot machine license shall prepare and maintain a jobs compendium consistent with the requirements of this section detailing job descriptions and lines of authority for all personnel engaged in the operation of the slot machine facility.

(a) Unless otherwise directed by the division, a jobs compendium shall be submitted to the division for approval prior to the projected date of issuance of a license to operate.

(b) The division shall review each jobs compendium and shall determine whether the job descriptions and tables of organization contained therein conform to the licensing requirements of the Florida Statutes and associated administrative regulations.

(c) If the division finds any insufficiencies, it shall specify the same in writing to the slot machine license applicant, who shall make appropriate alterations to the compendium.

(2) When the division determines a submission to be adequate with respect to licensing, it shall notify the slot license applicant accordingly.

(3) No slot machine licensee shall commence operations unless and until its jobs compendium is approved by the division.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New_________.

 

61D-14.092 Content of Jobs Compendium.

(1) A jobs compendium shall include the following sections, in the order listed:

(a) An alphabetical table of contents listing the position title and job code for each job description included in subparagraph (1)(b)3. below and the page number on which the corresponding job description may be found;

(b) A table of organization for each department, including all positions regardless of whether the positions require a license, and illustrating by position title, direct and indirect lines of authority within the department. Each page of a table of organization shall specify the following:

1. The date of its submission;

2. The date of the previously submitted table of organization which it supersedes; and

3. A unique title or other identifying designation for that table of organization.

(c) A description of each employee position which accurately corresponds to the position title as listed in the table of organization and in the alphabetical table of contents. Each position description shall be contained on a separate page, organized by departments, and shall include, at a minimum, the following:

1. Position title and corresponding department;

2. Salary range;

3. Job duties and responsibilities;

4. Detailed descriptions of skills, abilities and educational requirements;

5. Projected number of employees in the position;

6. Equal employment opportunity class or subclass;

7. Proposed licensed level – professional or general;

8. The date of submission of each employee position job description and the date of any prior job description it supersedes; and

9. The date of submission and page number of each table of organization on which the employee position title is included.

(2) A slots licensee shall not be required to comply with the filing requirements of parapraph (1)(c) above for amendments to job descriptions for the following positions:

(a) Positions which do not require a slots individual occupational license, provided that the slots licensee files with the division a notice of any addition, deletion or amendment to any position that requires slots individual occupational license.

(b) Such notice shall include the title, department, job code, salary grade and table of organization on which that position is identified.

(3) Notwithstanding any other requirement, each slots licensee shall submit a complete and up-to-date jobs compendium every two years, unless otherwise directed by the division.

(4) Each slots licensee shall maintain in its Human Resources and Surveillance Department a complete, updated copy of its jobs compendium which shall be made available for review upon the request of the division.

(5) Whenever required by this section, a slots licensee shall file three copies of a jobs compendium and three copies of an amendment to a jobs compendium with the division. Each copy shall include a cover indicating the name of the slots licensee or applicant, the date of the submission and the label “Jobs Compendium Submission” or “Jobs Compendium Amendment” as appropriate.

(6) No provision of this section or any other division rule shall be construed so as to limit a slot machine licensee’s discretion in utilizing a particular job title for any position in its jobs compendium.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New_______.

 

61D-14.093 Critical Staff Level List.

A jobs compendium shall also include a separate section as part of the compendium that identifies Critical Staff Levels for each identified position necessary to commence daily operations and the site where that position is required. The Critical Staff Level List shall include the following:

(1) An alphabetical table listing each position title and job code for each job identified within the jobs compendium;

(2) A column reflecting the total number of positions required for that facility;

(3) A column reflecting the minimum number of positions that must be present to permit normal operation by day of week and by shifts to include full and part time coverage;

(4) A column reflecting the minimum number of positions that must be present to permit normal closed hours of operation.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New_______.

 

61D-14.094 Department Approval of Critical Staff Level List Requirement.

(1) Each facility shall submit its Critical Staff Level List to the division for approval prior to commencing operations at its facility.

(a) The division shall review the Critical Staff Level List and provide approval or disapproval of the following:

1. Stated positions in Critical Staff Level List;

2. Stated number of individuals assigned to each identified position;

(b) Additionally, where appropriate, the division shall provide additional concerns of position requirements, number of individuals required for each position and physical location of positions as necessary. The division and facility representatives may meet as necessary to reconcile the Critical Staff Level List on an as-needed basis.

(2) Each facility shall have an approved Critical Staff Level List prior to commencing operation. No facility may conduct slot operations unless and until it has obtained approval from the division and an approved Critical Staff Level List.

(a) Operating a facility without a current Critical Staff Level List approved by the division is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

(b) Failure to obtain approval of the Critical Staff Level List and approval for any updates to that list is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

(c) Failure to have the current approved Critical Staff Level List available within the facility is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

(3) Each facility shall submit updates to its approved Critical Staff Level List for approval at least fourteen (14) days prior to proposed implementation of the requested changes.

(a) The division shall review the updated Critical Staff Level List and provide approval or disapproval of the following:

1. Changes to the stated positions in Critical Staff Level List;

2. Changes to the stated number of individuals assigned to each identified position;

(b) Additionally, where appropriate, the division shall provide additional concerns for changes in position requirements, changes in the number of individuals required for each position and physical location of positions based upon the division’s assessment of current operations as necessary. The division and facility representatives may meet as necessary to reconcile the Critical Staff Level List on an as needed basis.

(c) The updated Critical Staff Level List shall not be implemented until the division’s review and final approval is completed.

(4) The approved Critical Staff Level List in current use within the facility will be immediately available to facility supervision and division personnel for purposes of reviewing appropriate levels of staffing at any point during facility operations.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New _______.

 

61D-14.095 Critical Staff Level Requirements.

(1) Each slot licensee is required to maintain staffing levels consistent with:

(a) The minimum number of positions identified for operation of the facility.

(b) The minimum number of staff personnel on site during each day of facility operation who possess the appropriate level of experience, responsibility, authority, training and experience as required by the Critical Staff Level List at that time approved by the division for operation of the facility.

(c) The minimum number of staff personnel at each designated location within the facility as required by the Critical Staff Level List during each day and shift of facility operation.

(2) Each slot licensee is required to report to the division immediately any days or shifts where Critical Staffing Level requirements are not met. Additionally, within 24 hours or by the end of the next business day, submit a written statement to the division explaining the reason for the deficiency and the appropriate action taken or that will be taken in the future to assure critical staffing levels are met.

(3) Licensee’s failure to demonstrate that the minimum staffing levels necessary are present, on site and in position for operation of the facility during all hours of the slot facility operation is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS.  History–New_______.

NAME OF PERSON ORIGINATING PROPOSED RULE: David J. Roberts, Director, Division of Pari-Mutuel Wagering
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Simone Marstiller, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 16, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 22, 2006