The purpose and effect of the proposed rules will be to implement amendments to Section 550.105, F.S., which were effective July 1, 2010, pertaining to pari-mutuel occupational licenses.

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

Rule No.: RULE TITLE
61D-5.001: Occupational Licensure
61D-5.003: Applications for Licensure; Fingerprint Requirements; Exemptions from Fingerprinting
61D-5.004: Temporary Occupational Licenses
61D-5.005: Exemptions to Occupational Licensing Requirements
61D-5.006: Waiver of Criminal Convictions or Other Offenses
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement amendments to Section 550.105, F.S., which were effective July 1, 2010, pertaining to pari-mutuel occupational licenses.
SUMMARY: Rule 61D-5.001, F.A.C., addresses the license and renewal periods, fees, and required forms for pari-mutuel occupational licenses. Rule 61D-5.003, F.A.C., addresses certain persons who are exempt from the fingerprint requirement. Rule 61D-5.004, F.A.C., addresses the term of temporary licenses and the requirements for obtaining a temporary license. Rule 61D-5.005, F.A.C., addresses persons in certain positions who are exempt from the occupational license requirements. Rule 61D-5.006, F.A.C., addresses the adoption and incorporation of the license application and request for waiver forms.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: None
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that Rule 61D-5.001, F.A.C., will have an adverse impact on small business and will increase regulatory costs by $200,000 in the aggregate within one year. A SERC has been prepared by the agency. Approximately 18,700 licensees will be affected. The Division is eliminating the one-year option for occupational license fees and requiring a multi-year license. The proposed fees for the multi-year license are the same or less for any 12-month period when compared to current fees in rule. While occupational licensees will realize an aggregate increase of $314,450 in the initial year of implementation, over the course of the subsequent four years, occupational licensees would save in aggregate $548,764, resulting in an aggregate net savings of $234,314. Due to the fact that none of the thresholds of Section 120.541(2)(a), F.S., have been reached, this rule does not require legislative ratification. The agency has determined that Rules 61D-5.003, 5.004, 5.005, and 5.006, F.A.C., will not have an adverse impact on small business and will not increase regulatory costs by $200,000 in the aggregate within one year.
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: 550.0251(3), 550.105(2)(b), (6), (10) FS.
LAW IMPLEMENTED: 550.0251(3), 550.105(2)(b), (6), (10) 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):
DATE AND TIME: February 1, 2011, 10:00 a.m. – Noon
PLACE: Florida Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 N. Monroe Street, Tallahassee, Florida 32399
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Mary Polombo at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mary Polombo, Clerk, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399-1035

THE FULL TEXT OF THE PROPOSED RULE IS:

61D-5.001 Occupational Licensure.

(1)(a) The permitholder shall provide to the division the weekly payroll without compensation amounts for verification that all persons working at a permitholder’s facility are licensed.

(b) The permitholder shall provide a weekly list of persons whose employment with the permitholder has been terminated, resigned or abandoned.

(2)(a) Any person desiring an initial occupational license pursuant to Section 550.105, F.S., Chapter 550, Florida Statutes, shall pay the appropriate occupational and fingerprint fees as set forth by Section 550.105, Florida Statutes, and shall file with the division a completed Form DBPR PMW-3120, Individual Occupational License Application, or Form DBPR PMW-3130, Business Occupational License Application, effective __________, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1037 all adopted and incorporated by Rule 61D-10.001, Florida Administrative Code.

(b) Any person desiring to renew an occupational license pursuant to Section 550.105, F.S., shall file with the division a completed Form DBPR PMW-3125, Individual Occupational License Renewal Application, or Form DBPR PMW-3135, Business Occupational License Renewal Application, effective _________, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1037.

(c) Applicants shall also include payment of the license fee as follows:

1. $120 for a Business Occupational License;

2. $80 for a Professional Occupational License; or

3. $30 for a General Occupational License.

(3) All occupational and fingerprint fees are nonrefundable, except in situations where the applicant was charged in error.

(4) Pari-mutuel occupational licenses issued and renewed pursuant to Section 550.105, F.S., shall have an effective date of July 1st and shall be valid for a period of three fiscal years. Applications for an initial pari-mutuel occupational license or for renewal of a pari-mutuel occupational license shall be submitted between May 1st and June 30th for the license period beginning July 1st of the next fiscal year. Applications received outside of this period shall have an effective date beginning July 1st of the state fiscal year in which the application was received. Application forms may be obtained and filed at each pari-mutuel facility in Florida or the Division of Pari-Mutuel Wagering, Licensing Section, 1940 North Monroe Street, Northwood Centre, Tallahassee, Florida 32399-1037. Applicants shall use the following forms adopted and incorporated by Rule 61D-10.001, Florida Administrative Code:

(a) Business Occupational License Application shall be made on Form DBPR PMW-3130, Business Occupational License Application.

(b) Individual Occupational License Application shall be made on Form DBPR PMW-3120, Individual Occupational License Application.

(5)(c) A request for a waiver Request for Waiver shall be made on Form DBPR PMW-3180, Request for Waiver, effective _________, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1037.

(6)(d) A request to upgrade a pari-mutuel occupational license Request to Upgrade License shall be made on Form DBPR PMW-3170, License Upgrade License Application, effective _________, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1037.

(7)(5) License application forms and fingerprint cards produced by and submitted through the Association of Racing Commissioners International (ARCI) or the National Racing Compact (NRC) under the Federal Pari-Mutuel Licensing Act of 1988 will be accepted by the division.

Rulemaking Specific Authority 550.0251(3), 550.105(2)(b), (10) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06,_________.

 

61D-5.003 Applications for Licensure; Fingerprint Requirements; Exemptions from Fingerprinting.

The following occupations or groups of persons are exempt from the fingerprint requirements of Section 550.105, F.S. Florida Statutes:

(1) Any person who has applied for and been granted an occupational license by the division in the previous five fiscal years, provided that such person was fingerprinted as part of the application for such license;

(2) Any applicant for a restricted license who has not been previously convicted of a crime included in Sections 550.105(4)(b) or (c), Florida Statutes;

(2)(3) A sworn law enforcement or corrections officer certified pursuant to Section 943.1395, F.S. Florida Statutes, who provides the division evidence of current certification from the Florida Criminal Justice Standards and Training Commission and is working in a security or safety position;

(3)(4) An applicant who has been granted a diplomatic status by the United States Government; and

(4) Any person whose fingerprints have been deemed “unclassifiable” twice by the Federal Bureau of Investigations; and

(5) An applicant who is 70 years of age or older. Applicants 70 years of age or older must instead submit $24 $23 for a background information records check through the Florida Department of Law Enforcement.

Rulemaking Specific Authority 550.0251(3), 550.105(2)(b), (10) FS. Law Implemented 550.105 FS. History–New 10-20-96, Amended 4-12-06,_________.

 

61D-5.004 Temporary Occupational Licenses.

(1) A temporary license can be obtained on behalf of a greyhound owner, horse owner, stable name, or kennel name upon submission to the division of Form DBPR PMW-3110, Animal Owner Owners Temporary License Application, effective_________, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1037, adopted and incorporated by Rule 61D-10.001, Florida Administrative Code, the license fee, and the fingerprint fee if required, by the horse owner’s licensed trainer, or by the greyhound owner’s licensed kennel operator or trainer. The division shall issue the temporary license if the division verifies that the owner is in good standing in Florida and in all racing jurisdictions.

(2) A temporary license shall be issued to an applicant who is required to provide fingerprints under subsection 61D-5.003(1), F.A.C., upon submission to the division of Form DBPR PMW-3120, Individual Occupational License Application, or Form DBPR PMW-3125, Individual Occupational License Renewal Application, adopted by reference in Rule 61D-5.001, F.A.C.

(a) Only one temporary license shall be issued to any person in any fiscal licensing year.

(b) A temporary license for an owner is valid for no more than 90 30 calendar days from the date of issuance. A pari-mutuel occupational one-year or three-year license will be processed upon completion of the licensure requirements by the recipient of a temporary license owner.

(c) If the recipient of a temporary license owner fails to complete the licensure process within 90 30 calendar days from the date the temporary license is issued, the permanent temporary license shall be denied expire and the recipient of the temporary license owner’s animals shall not be eligible to participate in a pari-mutuel wagering in this state race.

(d) If the recipient of a temporary license owner completes the licensure process before after the 90-day 30-day temporary license has expired, a license shall be processed for the remaining portion of the same licensing period year. In the case of a three-year license, the license will be processed for the remaining portion of the three-year term.

(3)(2) Any recipient of a temporary license applicant who fails to complete the licensure process upon being issued a temporary license shall not be issued another temporary license until the licensee has, at least once, satisfactorily completed the licensure process.

Rulemaking Specific 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,_________.

 

61D-5.005 Exemptions to Occupational Licensing Requirements.

(1) The following are exempted from occupational licensing requirements:

(a) Sworn law enforcement and corrections officers, certified pursuant to Section 943.1395, F.S. Florida Statutes, performing in a security or safety position, other than the chief of security at a track or fronton.

(b) Firefighters, emergency medical technician companies, and emergency medical technicians.

(c)(b) Persons working for a vendor or contractual concessionaires providing supplies other than feed or medicine who make deliveries to nonrestricted areas of the permitholder premises and who are not employed on the permitholder premises. Such employees shall be permitted to make deliveries to a restricted area if issued a pass by the permitholder security.

(d)(c) Businesses and employees of businesses providing occasional maintenance or plant improvement services to the facility or equipment, or providing construction services which are not related to the making of pari-mutuel pools, the conduct of racing or jai alai games or the direct care of racing animals.

(e)(d) Upon adequate proof provided to the division, shareholders, who otherwise would be required to have an occupational license, owning less than ten percent (10%) of the outstanding stock or equity interest of any entity licensed by the division, will not be required to have such a license merely by their connection to a company. Such a shareholder shall not be granted access to any restricted area of a pari-mutuel wagering facility by virtue of their ownership interest without having obtained a pari-mutuel occupational license.

(2) Permitholder security shall maintain a list of unlicensed persons working in restricted and unrestricted areas on the permitholder premises. Said list shall be available at all times for review by division personnel. All passes to restricted areas shall contain a beginning and ending date of validity and shall state the work hours during which access to restricted areas is allowed. Unlicensed persons working in restricted areas of the permitholder facility shall be in possession of a valid pass issued by permitholder security.

Rulemaking Specific Authority 550.0251(3), 550.105(2)(b), (10) FS. Law Implemented 550.0251, 550.105, 559.79 FS. History–New 10-20-96, Amended 4-12-06,_________.

 

61D-5.006 Waiver of Criminal Convictions or Other Offenses.

(1) Any applicant for an occupational license who is subject to denial on the basis of a criminal conviction or discipline by any racing jurisdiction may seek a waiver from the division director. The applicant shall submit Form DBPR PMW-3120, Individual Occupational License Application, adopted and incorporated by reference in Rule 61D-5.001, F.A.C., Rule 61D-10.001, Florida Administrative Code, the annual license fee and fingerprint fee, a complete set of fingerprints on a card supplied by the division, and Form DBPR PMW-3180, Request for Waiver, adopted and incorporated by reference in Rule 61D-5.001, F.A.C. Rule 61D-10.001, Florida Administrative Code. The applicant shall also schedule a waiver interview with the Office of Investigations. Failure to participate in a waiver interview or to disclose any pertinent information regarding criminal convictions, or discipline by any racing jurisdiction shall result in a denial of the request for waiver.

(2) The applicant shall establish proof of rehabilitation and demonstrate good moral character. The waiver applies to criminal convictions or discipline by any racing jurisdiction disclosed to the division, unless revoked by the division for violation of Chapter 550, F.S., or these rules.

(3) No applicant for a waiver shall be allowed to work in any capacity as an occupational licensee until a license is issued based upon a waiver, granted by the director.

Rulemaking Specific Authority 550.0251(3), 550.105(2)(b), (10) FS. Law Implemented 550.0251, 550.105 FS. History–New 10-20-96, Amended 12-15-97, 4-12-06,_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Milton Champion, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charlie Liem, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 17, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 29, 2010