The purpose of this rule amendment is to update licensure application forms and rule language with the goals of streamlining the occupational licensing process, clarifying all requirements for the same, and providing applicants and licensees ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NOS.:RULE TITLES:

61D-5.001Occupational Licensure

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

61D-5.004Temporary Occupational Licenses

PURPOSE AND EFFECT: The purpose of this rule amendment is to update licensure application forms and rule language with the goals of streamlining the occupational licensing process, clarifying all requirements for the same, and providing applicants and licensees additional notice regarding how to challenge FBI criminal history records.

SUMMARY: Occupational Licensing and Applications for Pari-Mutuel Wagering.

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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted 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), 551.107(2)(b), 849.086(6), FS.

LAW IMPLEMENTED: 550.0251, 550.105, 551.107, 849.086(6), 559.79, 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: Bryan Barber, Division of Pari-Mutuel Wagering, [e-mail], 2601 Blair Stone Rd., Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61D-5.001 Occupational Licensure.

(1) 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.

(2) Every initial application and renewal thereafter for a Professional Occupational License or a General Occupational License shall include the following:

(a) A complete Form DBPR PMW-3120, Individual Occupational License Application, effective (Month Year), incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and which can be obtained at http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037. Any person desiring an initial occupational license pursuant to Section 550.105, F.S., shall file with the division a completed Form DBPR PMW-3120, Individual Occupational License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-00565, or Form DBPR PMW-3130, Business Occupational License Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-00567, effective  9-11-11, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

(b) A complete set of fingerprints and the fingerprint fee:

1. A complete set of fingerprints must be submitted to the division either on an FD-258 fingerprint card or via a livescan device. Each applicant sending fingerprints via a livescan device must provide the Florida Department of Law Enforcement (FDLE) approved livescan service provider the correct Originating Agency Identifier (ORI) number, which is FL920630Z, in order for the division to receive his or her fingerprint results. Applicants timely renewing their license, whose fingerprints have been retained by FDLE, shall not be required to submit a complete set of fingerprints.

2. For each set of fingerprints submitted via livescan device, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the livescan service provider. For each set of fingerprints submitted on an FD-258 fingerprint card or retained by FDLE, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the division.

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, http://www.flrules.org/Gateway/reference.asp?No=Ref-00566, or Form DBPR PMW-3135, Business Occupational License Renewal Application, http://www.flrules.org/Gateway/reference.asp?No=Ref-00568, effective 9-11-11, adopted herein by reference, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

(c) Either the Professional Occupational License fee of $80 for a three year license or the General Occupational License fee of $15 for a three year license. 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. $15 for a General Occupational License.

(3) Every initial application and renewal thereafter for a Pari-Mutuel Business Occupational License shall include the following:

(a) A completed Form DBPR PMW-3130, Business Occupational License Application, effective (Month Year), incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and which can be obtained at www.myfloridalicense.com/dbpr/pari-mutuel-wagering/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

(b) The Business Occupational License fee of $120 for a three year license.

(c) All of the following individuals associated with an applicant for a Business Occupational License hold a valid Professional Occupational License issued by the division:

1. Officers,

2. Directors,

3. Managers, and 

4. Shareholders and/or equity holders holding 10 percent or more interest in the business.

(4) No application for a Business Occupational License shall be granted by the division unless each of the individuals requiring licensure pursuant to subsection (3)(c) above have been verified by the division to hold valid Professional Occupational Licenses issued by the division.

(5) A business applicant shall be subject to denial of its initial or renewal application as outlined in Section 550.105, F.S., based on the disqualifying criminal convictions, civil judgments or discipline history in Florida or other racing jurisdictions of the business entity or the individuals associated with the business, identified in subsection (3)(c) above.

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

(7)(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 state fiscal years. A license granted pursuant to an aApplications 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 shall have an effective date of for the license period beginning July 1st of the next state fiscal year. A license granted pursuant to an aApplications received outside of this period shall have an effective date beginning July 1st of the state fiscal year in which the application was received.

(8)(5) Any individual or business applicant may request a waiver of disqualifying factors in an application that would otherwise be grounds for denial from the Division Director. A request for a waiver shall be made on Form DBPR PMW-3180, Request for Waiver, effective  9-11-11, incorporated adopted herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-00570, and can be obtained at http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/ www.myfloridalicense.com/dbpr/pmw or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

(9) During the three year term of a valid occupational license issued by the division, an individual or business may need another type of occupational license for any reason, such as a change in employment, a change in job duties, or a change in the services and products offered or provided. From the date an occupational license is granted until May 1st of the year in which the license expires, a licensee may request to upgrade the valid occupational license they hold to another occupational license type to which the division allows an upgrade. 

(a) A licensee may request the division to upgrade their existing license as follows:

1. A Pari-Mutuel General Occupational Licensee may upgrade their license to a Pari-Mutuel Professional Occupational License or a Slot/Cardroom/Pari-Mutuel Combination Occupational License;

2. A Pari-Mutuel Professional Occupational Licensee may upgrade their license to a Slot/Cardroom/Pari-Mutuel Combination Occupational License; or

3. A Pari-Mutuel Business Occupational Licensee may upgrade their license to a Slot Business Occupational License.

(b) In order to request an upgrade of the valid occupational license held by an individual or business, the licensee must submit the following to the division:

1. A request to upgrade the existing license on Form DBPR PMW-3450, License Upgrade Application, incorporated by reference in Rule 61D-14.005, F.A.C.

2. The difference in the license fee, if any, between the licensee’s existing license and the license type to which the licensee is requesting an upgrade, as follows: 

a. A Pari-Mutuel General Occupational Licensee must pay $65.00 to upgrade to a Pari-Mutuel Professional Occupational License.

b. A Pari-Mutuel General Occupational Licensee must pay $85.00 to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

c. A Pari-Mutuel Professional Occupational Licensee must pay $20.00 to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

d. A Pari-Mutuel Business Occupational Licensee must pay $1,880.00 to upgrade to a Slot Business Occupational License.

3. If the individual licensee is upgrading to a Slot/Cardroom/Pari-Mutuel Combination Occupational License, he or she must also submit Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, incorporated by reference in Rule 61D-14.005, F.A.C.

4. If the business licensee is upgrading to a Slot Business Occupational License, the business shall also submit Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, incorporated by reference in Rule 61D-14.006, F.A.C.

(c) All upgrade applicants, except for applicants requesting to upgrade a Pari-Mutuel General Occupational License to a Pari-Mutuel Professional Occupational License, shall provide the division with the fingerprint resubmission fee established by FDLE and the Federal Bureau of Investigation. An application for a license upgrade shall be granted or denied according to the specific licensure requirements of the license for which an upgrade applicant has applied pursuant to Chapter 550, 551 and/or Section 849.086, F.S., and pursuant to the licensing requirements of Section 120.60, F.S. 

(d) A license issued by the division pursuant to a license upgrade request shall have the following effect:

1. The license held by the applicant prior to the license upgrade request shall no longer be effective and shall be deemed void on the date the division grants the upgraded license.

2. The license to which the applicant requested to upgrade shall be valid on the date the division grants the license and shall expire on the same expiration date as the license from which the applicant upgraded.

(6) A request to upgrade a pari-mutuel occupational license shall be made on Form DBPR PMW-3170, License Upgrade Application, effective 9-11-11, adopted herein by reference http://www.flrules.org/Gateway/reference.asp?No=Ref-00569, and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

(10) A license application shall lapse and no longer be processed by the division if the applicant fails to provide the division with a complete application within 120 days of a notice issued by the division pursuant to Section 120.60(1), F.S. A person with a lapsed license application shall not be eligible to participate in activities that require an occupational license. An applicant seeking a pari-mutuel occupational license as an initial or renewal applicant following the lapse of their previous license application shall be required to reapply by submitting all materials and fees required in subsections (2), (3), or (9) above. 

(11) Any person or business entity whose occupational license has expired and who seeks a subsequent occupational license:

(a) Within one year of the expiration of the license shall be considered an applicant for renewal of that license;

(b) Longer than one year after expiration of the license shall be considered an initial applicant for an occupational license.

       (12)(7) 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.

PROPOSED EFFECTIVE DATE:  September 1, 2020

Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a), 551.107(2)(b), 849.086(6)(f) FS. Law Implemented 550.0251, 550.105, 551.107, 559.79, 849.086(6) FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 9-11-11,                  .

 

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.:

(1) Any person applying for a pari-mutuel occupational license who has applied for and been granted an pari-mutuel occupational license by the division in the previous three state fiscal years;

(2) A sworn law enforcement or corrections officer certified pursuant to Section 943.1395, F.S., 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) An applicant who has been granted a diplomatic status by the United States Government;

(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 and instead submits $24 for a background information records check through the Florida Department of Law Enforcement; and,

(5)(6) An applicant who is under 18 years of age.

PROPOSED EFFECTIVE DATE:  September 1, 2020

Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a) FS. Law Implemented 550.105 FS. History–New 10-20-96, Amended 4-12-06, 9-11-11, 8-10-15,                 .

 

Substantial rewording of Rule 61D-5.004 follows. See Florida Administrative Code for present text.

61D-5.004 Temporary Occupational Licenses.

(1) The division shall issue a temporary occupational license within 30 days of receipt of the application submitted pursuant to Rule 61D-5.001, F.A.C., when the following conditions are met:

(a) The applicant has submitted a completed Form DBPR PMW-3120 or Form DBPR PMW-3130, as incorporated by reference in Rule 61D-5.001, F.A.C., and has paid all applicable licensing and fingerprint fees;

(b) The applicant 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;

(c) The applicant has not been convicted of or had adjudication withheld on any disqualifying criminal offense listed in Section 550.105(5), F.S.;

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

(e) If the applicant has previously applied to the division for a license, the applicant’s most recent application prior to the current application for licensure did not lapse pursuant to Rule 61D-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, stable, or kennel. The division shall issue this temporary occupational license when the following conditions are met:

(a) The applicant has submitted a completed Form DBPR PMW-3110, Animal Owner Temporary License Application, effective (Month Year), incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and can be obtained at http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037;

(b) The applicant has submitted payment of all applicable licensing and fingerprinting fees;

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

(f) If the greyhound owner, horse owner, stable, or kennel for which the application is submitted has previously applied to the division for a license, the applicant’s most recent application prior to the current application for licensure did not lapse pursuant to Rule 61D-5.001, F.A.C.

(3) All temporary licenses issued by the division are subject to the same requirements of Chapter 550, F.S., and Chapter 61D-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.  If the division determines 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 gaming or racing jurisdiction, the division may revoke a temporary license.

(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 division denies the application for permanent licensure.

(6) An applicant who is not eligible for a temporary license is not prevented from applying for an occupational license referenced in Rule 61D-5.001, F.A.C.

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

PROPOSED EFFECTIVE DATE:  September 1, 2020

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,                 .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bryan Barber, Division of Pari-Mutuel Wagering, [e-mail], 2601 Blair Stone Rd., Tallahassee, FL 32399, [phone].

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Halsey Beshears, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2019