The purpose and effect of the proposed rules will be to implement changes in accordance with Senate Bills 134 and 752, effective July 1, 2007.

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

RULE NO: RULE TITLE
61D-11.001: Definitions
61D-11.002: Cardroom Games
61D-11.0025: Notification in Writing
61D-11.003: Card-Play Hands
61D-11.004: Dealer Responsibilities
61D-11.005: Prohibitions
61D-11.006: Inspection of Premises, Records
61D-11.007: Cardroom Operator License
61D-11.008: Cardroom Business Occupational License
61D-11.009: Cardroom Employee Occupational License
61D-11.011: Notification of Criminal Conviction or Charge
61D-11.012: Duties of Cardroom Operators
61D-11.013: Duties of Cardroom Employee Occupational Licensees
61D-11.014: Cards
61D-11.0145: Dominoes
61D-11.0149: Dominoes Supervisors
61D-11.015: Chips and Tokens
61D-11.016: Card Tables
61D-11.0175: Count Rooms and Count Procedures
61D-11.018: Reporting Requirements to Determine Net Proceeds
61D-11.019: Internal Control System
61D-11.020: Card Game Drop Box Procedures
61D-11.021: Card Game Tip Box Procedures
61D-11.022: Cardroom Imprest Bank
61D-11.024: Rake-Off Procedures
61D-11.025: Cardroom Electronic Surveillance
61D-11.0251: Security Plans
61D-11.0275: Tournaments
61D-11.0279: Jackpots, Prizes, and Giveaways
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement changes in accordance with Senate Bills 134 and 752, effective July 1, 2007.
SUMMARY: The subject areas to be addressed in these proposed rules are: the play of dominoes; applications for a cardroom license; giveaways, jackpots, and prizes for players with specific combinations of cards; increase in wagering amounts; implementation of play of Texas Hold’em with a buy-in of no more than $100; implementation of tournament play; increased surveillance security; and internal control standards.
SUMMARY OF STATEMENT 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: 550.0251(12), 849.086(4), (5), (6), (11) FS.
LAW IMPLEMENTED: 849.086 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: April 18, 2008, 9:00 a.m. – 1:00 p.m.
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-11.001 Definitions.

(1) “All-in” means when a player commits all of his or her chips or tokens into a pot.

(2) “Ante” means a predetermined wager that each player is required to make in some poker games prior to any cards being dealt in order to participate in the round of play.

(3) “Bet” means to wager an amount signified by the number of chips or tokens contributed to a pot on any betting round.

(4) “Betting round” means a complete wagering cycle in a hand of poker after all players have called, folded, checked, or gone all-in.

(5) “Blind” means a predetermined bet a player or players must place on the table before the cards are dealt.

(6) “Business Entity” means a sole proprietorship, general or limited partnership, corporation, business trust, joint venture, or unincorporated association.

(7)(1) “Button” means a circular object moved clockwise around a poker table to denote the assigned an inaginary dealer for each hand.

(8) “Buy-in” means the amount of money required by the cardroom operator to enter and participate in a game.

(9) “Cardroom surveillance” means the capability to observe and electronically record activities being conducted in a cardroom facility.

(10)(2) “Chips or tokens” means a money substitute, redeemable for cash, issued and sold by a cardroom operator for use in cardroom games.

(11) “Day” means the 24-hour period that commences on the current calendar day at 6:00 a.m. and terminates at 5:59.59 a.m. the following calendar day.

(12) “Dedicated camera” means a color video camera that continuously records a specific activity.

(13)(3) “Drop” means the total amount of money, chips, and tokens removed from the drop box.

(14)(4) “Drop Box” means a locked container permanently marked with the number corresponding to a permanent number on the card or domino table.

(15)(5) “Facility” means the cardroom, any storage area for card or domino tables, cards, chips, tokens, dominoes, drop boxes, tip boxes, records relating to cardroom activity, and other cardroom supplies, the count room, and imprest bank.

(16) “Game” means the completion of all betting rounds and final determination of a winner based upon the comparison of all cards dealt and held by players at the end of all betting.

(17) “Hand” means the group of cards dealt to a player in a game.

(18)(6) “Imprest bank” means the total amount of chips, tokens, and U.S. currency segregated for cardroom operation.

(19)(7) “Imprest tray” means an area on a card table in which a predetermined dollar amount of chips, tokens, or U.S. currency is kept by the dealer.

(20) “Jackpot” means a cumulative pool of money collected from card games that is awarded to a player who holds a certain combination of cards specified by a cardroom operator.

(8) “Jackpot” – A jackpot occurs when the cardroom operator or the cardroom management company deducts from each hand, round, or game played a certain amount or charges a certain amount which is accumulated and placed in a separate fund from the pot and paid out when a desired result is achieved by a player or players. The term “jackpot” does not include any game authorized under Section 849.086, F.S.

(21)(9) “Licensee” means a person holding any license issued by the division for purposes of cardroom operations.

(22) “Operate” means to conduct authorized games pursuant to Section 849.086, F.S., within a licensed cardroom facility. The term does not include the activities authorized in paragraph 61D-11.012(5)(c), F.A.C.

(23) “Playing light” means drawing chips or tokens from the pot to show how much a player owes when the player is out of chips or tokens in an effort to allow a player to continue without chips or tokens, until more chips or tokens are earned.

(24)(10) “Pot” means the total amount wagered in a game or series of games of poker or dominoes. Wagering into the pot shall be conducted as provided by Section 849.086(8), F.S.

(25)(11) “Proposition player” means a player who is employed by a cardroom licensee, but who uses his own money to initiate or play in card games.

(26) “PTZ Camera” means a light-sensitive video camera that possesses, at a minimum, pan, tilt, and zoom capabilities or features comparable thereto.

(27) "Raise" means to increase the size of the preceding bet.

(28) “Re-buy” means the additional tournament chips or tokens purchased by players according to the schedule of re-buys prominently displayed in the cardroom during tournament play.

(29) “Replenishment of chips or tokens” means in games of Texas Hold’em without a betting limit, when a player purchases additional chips or tokens above the minimum required and no more than the maximum allowed in the poker game being played.

(30) "Round of play" means, for any game of poker, the process by which cards are dealt, bets are placed and the winner is determined and paid in accordance with the rules of Chapter 61D-11, F.A.C.

(31) “Seeding the jackpot fund” means the cardroom operator contributes the initial value to start the jackpot fund. The amount of the cardroom operator’s contribution shall not be deducted from the jackpot fund prior to the award of the jackpot.

(32) “Shift” means a period of time designated by the employer during which an employee works when a licensed cardroom is open to conduct business pursuant to Rule 61D-11.012, F.A.C.

(33)(12) “Shill” means a player in a game provided by or employed by a cardroom operator licensee who only bets with money provided by the cardroom operator.

(34) “Showdown” means the point in a poker game in which all hands are fully revealed to all other players and the hand with the best combination becomes the winner.

(35) “Shuffle” means the process of mixing or rearranging a deck of cards to remove the probability that a predetermined series of cards may be drawn from the deck after it is mixed or rearranged.

(36) “Side bets” means additional wagers made between two or more persons on the outcome or any portion of an authorized game other than wagers authorized pursuant to Chapter 849, F.S.

(37) “Surveillance room” means a secure location in a pari-mutuel facility used for cardroom surveillance.

(38) “Surveillance system” means a system of video cameras, monitors, recorders, and other ancillary equipment used for cardroom surveillance.

(39) “Tip box” means a locked container into which all dealer tips must be inserted.

(40) “Tournament” means any competition involving a series of games of poker, consisting of more than one betting round involving more than one table, where the winner of the competition and runners-up may receive a prize or cash award.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, ________.

 

61D-11.002 Cardroom Games.

(1) Only those Those games listed in authorized by Section 849.086(2)(a), F.S., are the only games authorized for play at licensed cardroom facilities at pari-mutuel facilities licensed to conduct cardroom operations.

(2) The cardroom operator or management company shall furnish all cards, dominoes, chips and tokens. Failure by a cardroom operator or cardroom management company to redeem chips or tokens for their cash value shall be a violation of these rules.

(a) The deck(s) being used at a given table where any game is being played shall be provided by the licensee. The design on the backs of the cards in the deck must be identical, and no card may contain any marking, symbol, or design that enables a player to know the identity of any element printed on the face of the card. The backs of the cards may contain a logo. The backs of the cards in the deck must be designed to eliminate the ability of any person to place concealed markings on them. No cardroom operator may use cards that are taped, cut, shaved, marked, defaced, bent, crimped, or deformed.

(b) The cardroom operator shall provide a dealer for each table at the licensed cardroom operator’s facility. The dealer may not make a bet or otherwise wager on any game at the licensed cardroom facility where that dealer is employed.

(3) The cardroom operator shall prominently display a list of all games available for play in the cardroom that are authorized pursuant to Chapter 849, F.S.

(4) The cardroom operator shall maintain a copy of the rules of play including wagering requirements. The rules of play shall be made available to the division or to players upon request.

(5) Each player in an authorized game shall play the game solely to improve his or her chance of winning and shall take no action to improve another player’s chance of winning.

(6) A player may not communicate any information to another player which could assist the other player in any manner respecting the outcome of a game.

(7) A cardroom operator who has reasonable cause to believe that a player has acted or is acting in violation of subsection (5) or (6) above may require the player to leave the game or facility. The cardroom operator shall notify the division of the details surrounding the identified player or player’s violation in writing on the next business day.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06,________.

 

61D-11.0025 Notification in Writing.

(1) Any written notice to the division required pursuant to Chapter 61D-11, F.A.C., shall be provided to the Office of Auditing, Division of Pari-Mutuel Wagering, 1940 North Monroe Street, Tallahassee, Florida 32399, by the most expeditious means available which shall include but not be limited to an email address provided by the division, facsimile to [phone], mail or hand delivery, unless otherwise specified.

(2) Any written notice from the division required pursuant to Chapter 61D-11, F.A.C., shall be provided by the most expeditious means available which shall include but not be limited to email, facsimile, mail or hand delivery, unless otherwise specified.

Specific Authority 849.086(4) FS. Law Implemented 849.086 FS. History–New________.

 

61D-11.003 Card-Play Hands.

(1) The ranking of cards in a poker hand shall be consistent with the rules of Hoyle’s Modern Encyclopedia of Card Games, 1974 Edition, adopted and incorporated herein by reference or the modified rules of the game as submitted to the division by the cardroom operator and approved by the division.

(2) At the discretion of the house, the joker may be used in poker as an ace, as any other card not already in the player’s hand to complete a straight flush, a flush, or a straight, or as the lowest card not already in the player’s hand. If the use of the joker card is to be used in certain games, the house must prominently display within the cardroom area post in which games the joker card it will be used utilized, and how the joker card it will be ranked in a showdown.

(3) If the house elects to utilize a set fee as a rake for the purpose of payment for a player to participate in a game, it shall be collected as the ante for each hand, by placing chips or tokens equaling the ante in front of the player on the table before the first card of the game is dealt. The dealer must sweep the ante and place it in a designated rake circle or drop slide until a winner is declared, and then dropped into the drop box. The amount of the ante shall be established by the house, and be conspicuously posted for the players to see.

(3)(4) Before a card game may be played the play, the dealer must, in front of the players, manually or by use of a mechanical card shuffler shuffle the cards so that they are randomly intermixed.

(4)(5) Cards, once completely shuffled, must be dealt out of the hand of the dealer.

(5) The A “button” may be utilized, and moved around the card table in a clockwise fashion player to player, so that the player who has the button receives the advantage of playing and betting last.

Specific Authority 550.0251(12), 849.086(4), (8), (10) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.004 Dealer Responsibilities.

(1) A dealer shall not allow a bet or raise amount, or the number of raises in a round of betting, to exceed the limits imposed by Section 849.086(8)(b), F.S. The House provided dealer shall be responsible to ensure that each bet or raise does not exceed $2 in value. In addition, the dealer shall also be responsible for ensuring that no more than three raises are made in any round of betting. A dealer failing to comply with control of bet value and number of raises is subject to the following penalties:

(a) First offense – $50.00 and/or 1-day suspension.

(b) Second offense – $250.00 and/or 5-day suspension.

(c) Third offense – $500.00 and/or suspension, not to exceed 10 days.

(d) Fourth offense – Will result in a 1-year suspension of the cardroom employee’s occupational license.

(e) Any dealer who does not have a violation within 2 years from his/her most recent violation will revert to a “first offense” penalty for his/her next violation of this provision.

(2) In games of Texas Hold-em without a betting limit played pursuant to Section 849.086(8)(b), F.S., a dealer shall not allow a player to:

(a) Enter a card game, having come from another game table with more chips or tokens than the limit of $100;

(b) Replenish his or her chips or tokens in an amount that would allow the player’s aggregate chips or tokens to exceed $100;

(c) Replenish his or her chips or tokens in amounts other than multiples of $10; or

(d) Replenish his or her chips or tokens until the player’s aggregate chip or token amount has been reduced below $100.

(3)(2) Dealers shall not be allowed to regularly deal at the same table, and will be rotated shifted to a different table at least every three hours.

(3) When a new dealer comes on duty at a card table, the new dealer must count all of the cash and chips or tokens in the imprest tray before accepting responsibility for it, or the new dealer must supply his or her own imprest tray.

(4) No change.

(a) Spread the currency The currency must be spread on the top of the card table by the dealer;

(b) State the The amount of currency received must be stated by the dealer accepting it;

(c) Provide Immediately after an equivalent dollar amount of chips or tokens has been given to the player; and, the cash shall be placed in the table’s imprest tray.

(d) Place all the currency in the imprest tray.

(5) Dealers shall take breaks only in areas the cardroom operator has designated in the cardroom internal controls. The dealer may not make a bet or otherwise wager on any game at the licensed cardroom facility where that dealer is employed.

(6) Dealers shall accept tips only while dealing at an assigned table. Tips shall be accepted by collecting them in the tip box.

(7) A dealer shall not accept a tip at any time he or she is not seated at the table, unless:

(a) The dealer’s cardroom supervisor is notified;

(b) The tip is collected in the tip box; and

(c) The tip is then counted with all other earned tips for the card dealer’s assigned shift.

(8) Dealers shall not allow cash or other personal items that may inhibit play to be placed on a table during the play of any hand.

(9) Dealers shall display the front and back of their hands, with fingers spread over the table in sufficient distance from all other players and objects for surveillance recording, after every transaction when cash, chips or tokens are exchanged with or provided to a player.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04,________.

 

61D-11.005 Prohibitions.

(1) No person shall introduce into the game any cards, chips, or tokens, or dominoes, other than those from the cardroom operator’s facility into any authorized game.

(2) No cardroom operator or licensee shall extend credit, make a loan, or grant a gift to any person that which would enable that person to play in an authorized card game. The consideration required to participate in any card game shall be collected in full, by cash or check, in exchange for chips or tokens prior to participation in any game offered at the cardroom facility at a licensed facility.

(a) Only cash shall be used to purchase chips or tokens at card and domino tables. However, regular play chips may be converted to tournament chips.

(b) The practice of playing “light”, or drawing chips or tokens from the pot to show how much a player owes when out of chips or tokens, is prohibited. The player shall be required to purchase additional chips or tokens in order to proceed playing.

(3) No device, apparatus, mechanism or thing which may give a participant in a card game an advantage over any other participant in that game may be used by any person.

(3)(4) Side bets on the outcome of games are prohibited.

(a) Only persons actually playing in the card game may wager upon the outcome of the game.

(b) Wagers by persons other than those playing, which in any way involves the outcome of the game, or any aspect of the game, are prohibited.

(4)(5) No person shall, either directly or indirectly:

(a) Employ or attempt to employ any device, scheme, or artifice to defraud any participant in a card game, or the cardroom operator.

(b) Engage in any act, practice, or course of operation that would constitute as would operate as a fraud or deceit upon any participant in a game, or the any cardroom operator.

(c) Engage in any act, practice, or course of operation with the intent of cheating any participant or the cardroom operator to gain an advantage in the game over a participant(s) or cardroom operator.

(5)(6) Cardroom occupational licensees are prohibited from participating in authorized cardroom card games, at the licensed cardroom facility where they are employed.

(6) No player shall be allowed to exceed the limits on replenishment of chips or tokens established by subsection 61D-11.004(2), F.A.C.

(7) through (8) No change.

(9) Jackpots are prohibited.

(9)(10) Shills and proposition players are prohibited.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, ________.

 

61D-11.006 Inspection of Premises, Records.

(1) The cardroom operator shall contact the division for an inspection for compliance with the provisions of Section 849.086, F.S., and Chapter 61D-11, F.A.C., no less than ten days prior to opening a new cardroom or amending an existing cardroom area. Amending an existing cardroom area includes changing the number of tables, surveillance system, internal controls, or floor plan.

(a) A cardroom operator shall not open a new facility or the affected portion of an existing cardroom for which the operator has made notice of any proposed changes until the division provides written authorization to proceed.

(b) If after inspection of the facility, the division determines that the cardroom operator is not in compliance with Section 849.086, F.S., or Chapter 61D-11, F.A.C., the division shall provide the cardroom operator with a written list of deficiencies by the most expeditious means available to include delivery via email, mail, facsimile, or in person.

1. The cardroom operator shall advise the division in writing pursuant to Rule 61D-11.0025, F.A.C., when the deficiencies have been corrected;

2. The division shall conduct a follow-up inspection no earlier than five days from the date of the inspection during which the deficiencies were determined and no later than five days from the date of the cardroom operator written notification of correction provided in writing pursuant to Rule 61D-11.0025, F.A.C.;

3. Upon completion of its inspection for corrective action, the division shall provide the results of its inspection in writing pursuant to Rule 61D-11.0025, F.A.C.;

4. Subsequent inspections shall be performed according to this rule until the deficiencies noted are corrected; and

5. Upon satisfactory completion of corrective action, the division shall acknowledge in writing that all deficiencies are resolved and that the cardroom operator may proceed with using the designated facility space. The division shall deliver its written acknowledgement and authorization to proceed in writing pursuant to Rule 61D-11.0025, F.A.C.

(2) At any time during a cardroom operator’s regular business hours, division any Division of Pari-Mutuel Wagering personnel shall be allowed to enter into the cardroom and any cardroom related areas to: used in conjunction therewith, and:

(a)(1) Observe any a count of all monies received during the operation of the cardroom, a count of all chips or tokens, currency, and a count of drop boxes, for the purpose of reconciliation, and inspect any all receipts, reports, or and records used in conjunction with the operation of the said cardroom; activity.

(b)(2) Inspect any records of the cardroom operator or licensees that relate in any way to the operation of a cardroom;, or any employee of the licensee that relate in any way to the operation of a cardroom.

(c) Review any records maintained by an employee of the cardroom operator that relates to the operation of a cardroom;

(d)(3) Check that licenses are prominently displayed, and that the cardroom is being operated in compliance with Section 849.086, F.S., and the rules promulgated thereunder;.

(e)(4) Inspect cardroom devices and recording equipment, including the devices and equipment used for security and surveillance as required by Rule 61D-11.025, F.A.C., to ensure compliance with Section 849.086, F.S., and the rules promulgated thereunder; and.

(f) Ensure the surveillance cameras and equipment are configured so that the division has the ability to direct the surveillance of particular activities or persons.

(5) Inspect the cardroom facility for violations of Section 849.086, F.S., and the rules promulgated thereunder.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04,________.

 

61D-11.007 Cardroom Operator License.

(1) Each cardroom gaming licensee desiring to move their cardroom license, so as to change the location of the cardroom, shall first transfer in accordance with Chapter 550, F.S., the corresponding pari-mutuel wagering permit that entitles the permitholder to operate a cardroom.

(a) Upon approval of the transfer of the pari-mutuel permit, the pari-mutuel permitholder shall submit proof that a referendum was held in the county where the cardroom is to be operated and show that the majority of the electors voting on the referendum have approved the transfer to the new location.

(b) The proof of a majority vote of the electors shall consist of The Board of County Commissioners certifying the election results and making them known to the division in writing.

(c) The division shall transfer, without requirement of a referendum election, the cardroom license of any permitholder that relocated its permit pursuant to Section 550.0555, F.S.

(2) No cardroom may be operated at a licensed pari-mutuel facility unless a valid cardroom license has been issued by the division to a licensed pari-mutuel permitholder. Cardroom activities shall only be conducted at the same facility where pari-mutuel wagering is authorized under the pari-mutuel wagering license.

(3) Cardroom licenses shall be renewed annually in conjunction with annual applications for pari-mutuel licenses, provided the applicant requests, as part of the pari-mutuel annual license application, to conduct at least 90 percent of the total number of live performances conducted by such permitholder during either the state fiscal year in which its initial cardroom license was issued or the state fiscal year immediately prior thereto.

(1)(4) If a pari-mutuel permitholder amends its annual operating dates pari-mutuel license and such amended license does not satisfy the renewal application requirements of required by this rule and Section 849.086(5)(b), F.S., the cardroom license will become void upon the issuance of the amended annual operating dates pari-mutuel license.

(2)(5) An applicant for an annual cardroom license shall complete Form DBPR PMW-3160, Permitholder Application for Annual License to Operate a Cardroom, adopted and incorporated by Rule 61D-12.001, F.A.C. Florida Administrative Code, and submit a fee of $1,000.00 for the first card table and $500.00 for each additional card table to be operated during the license period. For cardroom facilities at which more than one pari-mutuel permit is operated during a year, table fees for the facility may be paid by one or all of the permitholders. License fees are non-refundable. For the initial cardroom license application, in addition to the application and fees submitted, the applicant shall submit its written internal control system, required by Rule 61D-11.019, F.A.C., for approval by the division, and proof of authorization by a local government pursuant to Section 849.086(16), F.S. No cardroom application shall be acted upon until the cardroom applicant’s system of internal control has been approved by the division. Any If the cardroom operator electing elects to offer a new an authorized game that it did not include in its license application, it shall inform the patrons on the list of authorized games offered by the operator, as required by Section 849.086(7)(e), F.S.  Such list must be conspicuously displayed and a description of all card or domino games must be available for patron review. All games offered must comply with Section 849.086, F.S., and Chapter 61D-11, F.A.C., at all times. division of the authorized game it will offer that was not included in its license application by filing Form DBPR PMW-3150, Notification of a Card Game, adopted and incorporated by Rule 61D-12.001, Florida Administrative Code.

(3)(6) No license application, amendment to an application, or amendment to request additional cardroom tables shall be effective until the division has received payment of cardroom table fees, applicable license fees have been received by the division and the division has issued a license or amended license to operate a cardroom.

(4) Cardroom operations shall not begin under a cardroom license until the cardroom has been inspected and approved under Rule 61D-11.006, F.A.C., and:

(a) Live racing is being or has been conducted at the cardroom operator’s pari-mutuel wagering facility under a license issued pursuant to Section 550.01215, F.S., or Section 550.5251, F.S.; or

(b) Intertrack pari-mutuel wagering activities are authorized to be conducted at the cardroom operator’s pari-mutuel wagering facility pursuant to Section 550.615, F.S.

Specific Authority 550.0251(12), 849.086(4), (5), (11)(6) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06,________.

 

61D-11.008 Cardroom Business Occupational License.

(1) As part of the initial application or renewal for a cardroom business occupational license provided in Section 849.086, F.S., an applicant shall submit the following:

(a) A complete Form DBPR PMW-3130, Business Occupational License Application, for an initial cardroom business license, adopted and incorporated by Rule 61D-12.001, F.A.C.;

(b) The $250.00 cardroom business occupational license fee;

(c) A complete set of fingerprints for each person listed in paragraph (3)(a) on a pari-mutuel wagering applicant fingerprint card, and fingerprint processing fees as established by the Florida Department of Law Enforcement and the Federal Bureau of Investigation, upon initial application, and every five years thereafter;

(d) A copy of all records of administrative, civil, or criminal proceedings that have been initiated by any governmental agency or any other state or federal agency that would affect the license status of the applicant or any affiliate of the applicant pursuant to Sections 550.054 and 550.1815, F.S., and a copy of each complaint or other pleading and a copy of any final order, judgment, or other final judicial disposition for each administrative, civil, or criminal proceeding disclosed; and

(e) A list of all business entities that will be providing products or services to the cardroom.

(2)(1) A No cardroom operator may not do business with any cardroom management company or cardroom or domino distributor that does not possess hold a current valid cardroom business occupational license.

(3)(2) A corporation, general or limited partnership, sole proprietorship, business trust, joint venture, or unincorporated association, or other business entity may not be issued or possess hold a cardroom business occupational license in this state if any person or entity one of the persons or entities specified in paragraph (a) of this subsection has been determined by the division not to be not of good moral character, to have filed a false report to any government agency or, pari-mutuel wagering or gaming commission or authority, or has been convicted of any offense specified in paragraph (b) of this subsection.

(a)1. through 10. No change.

(b)1. A felony or misdemeanor involving forgery, larceny, extortion, or conspiracy to defraud, in this state or any other state or under the laws of the United States; or a felony or misdemeanor set forth in Section 550.105, F.S.

2. A felony or misdemeanor set forth in Section 550.105, F.S.

(4)(3) A If the applicant for a cardroom business occupational license has received a full pardon or a restoration of civil rights in accordance with Florida law and pursuant to Section 944.292, F.S., with respect to the conviction specified in paragraph (3)(b) of this rule (2)(b), the conviction does not constitute an absolute bar to the issuance or renewal of a license or grounds for the revocation or suspension of a license if the applicant has received a full pardon or a restoration of civil rights in accordance with Florida law and pursuant to Section 944.292, F.S.

(5)(4) After notice, the division may shall refuse to issue or renew, or may shall suspend or revoke the license of, as appropriate, any licensee or applicant found in violation of paragraph (3)(b) of this rule (2)(b).

(5) All applicants for a cardroom business occupational license or renewal thereof shall be required to pay a Florida Department of Law Enforcement fingerprint processing and criminal record check fee for each person or entity as specified in paragraph (2)(a) as follows:

(a) All applicants, upon initial application, shall pay for a Florida Department of Law Enforcement fingerprint and criminal record check fee.

(b) Every five years after the initial license application, the applicant for a renewal license shall be subject to and pay for a Florida Department of Law Enforcement fingerprint and criminal record check fee.

(6) All applicants for a new cardroom business occupational license are required to submit a set of fingerprints to be taken by house security, or by a law enforcement agency, and processed through the Florida Department of Law Enforcement, and the Federal Bureau of Investigation and every 5 years thereafter. Certified Florida Law Enforcement officers are exempt from the fingerprint requirement.

(7) An applicant for an annual cardroom business occupational license shall complete Form DBPR PMW-3130, Business Occupational License Application, adopted and incorporated by Rule 61D-12.001, Florida Administrative Code, and submit the $250.00 fee for an annual cardroom business occupational license.

(7)(8) Cardroom business occupational licenses shall expire on June 30th of every year.

Specific Authority 550.0251(12), 849.086(4), (5), (6), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06,________.

 

61D-11.009 Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination License.

(1) As part of the initial application or renewal for a cardroom employee occupational license provided in Section 849.086, F.S., an applicant shall submit the following:

(a) A complete Form DBPR PMW-3120, Individual Occupational License Application, adopted and incorporated by Rule 61D-12.001, F.A.C., for an initial cardroom employee license;

(b) A complete set of fingerprints on a pari-mutuel wagering applicant fingerprint card and fingerprint processing fee as established by the Florida Department of Law Enforcement and the Federal Bureau of Investigation, upon initial application and every five years thereafter;

(c) The $50.00 cardroom employee occupational license fee; and

(d) A copy of all records of administrative, civil, or criminal proceedings that have been initiated by any governmental agency or any other state or federal agency that would affect the license status of the applicant or any affiliate of the applicant pursuant to Sections 550.054 and 550.1815, F.S., and a copy of each complaint or other pleading and a copy of any final order, judgment, or other final judicial disposition for each administrative, civil, or criminal proceeding disclosed.

(2)(1)(a) Applicants who intend to work in a position for cardroom licensing for positions providing food service, maintenance, and security, or as a mutuels teller, or in permitholder management, who do not hold a current pari-mutuel wagering occupational license, shall be required to submit Form DBPR PMW-3120, Individual Occupational License Application, adopted and incorporated by Rule 61D-12.001, F.A.C., and apply for a pari-mutuel/cardroom combination wagering occupational license by submitting items (1)(a) through (d) listed above.

(b) All applicants in paragraph (1)(a), upon initial application, and every five licensing years shall pay for a Florida Department of Law Enforcement fingerprint and criminal record check fee.

(2) All applicants for a new or renewal of a cardroom employee occupational license, shall complete Form DBPR PMW-3120, Individual Occupational License Application, adopted and incorporated by Rule 61D-12.001, F.A.C., and submit $50.00 for the cardroom employee occupational license. In addition to the annual license fee, each applicant shall pay a Florida Department of Law Enforcement fingerprint processing and criminal record check fee as follows:

(a) All applicants, upon initial application, shall pay for a Florida Department of Law Enforcement fingerprint and criminal record check fee.

(b) Every five years after the initial license application, the applicant for a renewal license shall be subject to and pay for a Florida Department of Law Enforcement fingerprint and criminal record check fee.

(3) All applicants for a new cardroom employee occupational license are required to submit a set of fingerprints to be taken by house security, or by a law enforcement agency, and processed through the Florida Department of Law Enforcement, and the Federal Bureau of Investigation and every 5 years thereafter. Certified Florida Law Enforcement officers are exempt from the fingerprint requirement.

(4) All occupational and fingerprint fees are nonrefundable, except in situations where the applicant was charged in error or. The division will return the licensing fee if the applicant withdraws the application before processing begins.

(5) Request for Waiver of any disqualifying factors in an application that would otherwise be grounds for disapproving the application shall be made on Form DBPR PMW-3180, Request for Waiver, adopted and incorporated by Rule 61D-12.001, F.A.C.

(6) Prior to transferring, a current pari-mutuel wagering occupational licensee, who intends to work in a position will be performing food service, maintenance, security, mutuels teller, and/or permitholder management duties in the cardroom shall make application for and obtain an, mutuel teller or pari-mutuel management, the cardroom operator must notify the division Chief Inspector, and upgrade for his or her current pari-mutuel license to a pari-mutuel/cardroom combination license on Form DBPR PMW-3170, License Upgrade Application, adopted and incorporated by Rule 61D-12.001, F.A.C.

(7) Cardroom employee occupational licenses and pari-mutuel/cardroom combination licenses shall expire on June 30th of every year.

(8) Cardroom employees shall have their pari-mutuel wagering or cardroom employee occupational license in their possession at all times while on duty in the cardroom.

Specific Authority 550.0251(12), 849.086(4), (5), (6) FS. Law Implemented 849.086(6) FS. History–New 1-7-97, Amended 5-9-04, 3-4-07, ________.

 

61D-11.011 Notification of Criminal Conviction or Charge.

Any cardroom business occupational licensee shall provide or cardroom employee occupational licensee must make written notification to the division when the licensee has been arrested, indicted, or charged in any other way with a criminal offense criminally convicted, found guilty of, or pled no contest to a felony or misdemeanor as set forth in paragraph 61D-11.008(2)(b), F.A.C., within five three days of the arrest, or if not arrested, within five days of the receipt of a charging document finding. Licensees are not required to report non-criminal traffic offenses.

Specific Authority 550.0251(12), 849.086(4), (6)(14) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.012 Duties of Cardroom Operators.

(1) All licensed cardroom operators must conspicuously display a notice of the rake amounts, time limitations, or other rake procedures, and the minimum and maximum bet limits at each card and domino table establish and maintain written internal controls to comply with Section 849.086, F.S., and the rules promulgated thereunder. The written internal control system must be submitted as part of the initial license application, and approved or disapproved with comments by the division within 30 days of receipt of the written internal controls.

(2) Cardroom operators shall maintain, prior to the initial opening of business, provide the division with a roster written list of all persons a cardroom operator employs, including birth dates and social security numbers, employed by the cardroom operator. A cardroom operator shall also maintain a weekly listing of all cardroom employees who worked during each week. The list of persons shall include for each employee: The cardroom operator shall furnish a job title of its employees, and provide a weekly payroll listing of all cardroom employees that worked during that payroll period, including their full name and social security number, but may exclude compensation.

(a) The job title;

(b) Full name; and

(c) Occupational license number.

(3) Cardroom operators shall maintain a current log provide a weekly list of persons whose employment with the cardroom operator has been terminated, or the employee resigned, or abandoned his or her position, that includes:.

(a) Full name;

(b) Occupational license number; and

(c) A description of the reason for the employee’s separation.

(4) As part of the initial license application, the cardroom operator shall provide a listing of all distributors and cardroom management companies that are providing products or services to the cardroom. The cardroom operator division shall notify the division be notified in writing on Form DBPR PMW-3220, List Notice of Change of Cardroom Business Occupational Licensees Providing Products and Services to a Cardroom, adopted and incorporated by Rule 61D-12.001, F.A.C. Florida Administrative Code, of any change in companies providing said services within 10 days of such change.

(5) Cardroom operators shall install electronic surveillance equipment to record all activity in the cardroom bank and cage and count area. Surveillance cameras and monitors shall be able to record and observe in color or black and white.

(a) Tapes and other electronic media storage shall be labeled in chronological order by date and time.

(b) Tapes and other electronic media storage of surveillance records shall be maintained for a period of no less than 14 days and shall be kept for a longer period of time if requested by the division or any law enforcement agency.

(5)(6)(a) The cardroom operator must display the hours of operation in a conspicuous location in the hours of operation of the cardroom subject to the following terms and conditions:.

(a) Days and hours of cardroom operation shall be those set forth in the application or renewal of the cardroom operator. Changes to days and hours of cardroom operation shall be submitted to the division at least seven days prior to proposed implementation;

(b) Pursuant to Section 849.086(7)(b), F.S., a cardroom operator may operate a licensed facility any cumulative 12-hour period within the day;

(c) Activities such as the buying or cashing out of chips or tokens, seating customers, or completing tournament buy-ins or cash-outs may be done one hour prior to or one hour after the cumulative 12-hour designated hours of operation; and

(d) The playing of authorized games shall not occur for more than 12 hours within a day, regardless of the number of pari-mutuel permitholders operating at a pari-mutuel facility.

(6)(b) A cardroom operator licensee must display the following restrictions in a conspicuous location the following restrictions for players:

(a)1. A player must be at least 18 years of age;

(b)2. No side bets are permitted; and

(c)3. No credit is extended by the house.

(7) Cardroom operators are required to issue a photo identification I.D. to all cardroom employees. The photo identification which shall include, but not be limited to the name of the cardroom facility, cardroom employee occupational license number, and expiration date of the license.

(8) The If a management company is managing cardroom operations, the cardroom operator must provide the division written notice to the division within 20 days of a any change in any the management company contract.

(9) Cardroom operators shall establish a system for using imprest banks and trays an imprest banking system for cardroom operations.

(10) At the close of each shift, the chips, tokens, and currency currency, chips and tokens in the imprest tray at each card table shall be reconciled to the their predetermined beginning balances pursuant to the approved cardroom internal controls.

(a) The last dealer shall be responsible for the currency, chip and token balance in his/her tray.

(b) The cardroom operator will document any discrepancies in the reconciliation of the imprest trays or bank on Form DBPR PMW-3650, Cardroom Daily Control Sheet, adopted and incorporated by Rule 61D-12.001, Florida Administrative Code.

(11) The At the end of each shift, or the close of a table, the drop box must be locked away in a secure location until the count takes place.

(12) The cardroom operator shall designate and assign a licensed cardroom employee as a dealer for each card table that is being used for play. The assigned dealer shall be present at his/her assigned table during all gaming activity. No gaming may be conducted at a card table during the absence of the designated dealer. The count of card table revenue must be performed in compliance with the requirements set forth in the “Minimum Internal Control Standards.” Each drop box must be accounted for individually in a secure designated area. Two or more persons must verify the contents of the drop box when emptied.

(13) The cardroom operator shall designate and assign a licensed cardroom employee as a cardroom manager or supervisor during the operation of the cardroom. The assigned manager or supervisor shall be present within the licensed cardroom facility at all times during gaming activity. No gaming may be conducted within the licensed cardroom facility during the absence of the designated manager or supervisor. Card tables will be restricted to area(s) specified on the cardroom licensee application.

(14) When a cardroom operator is offering games of dominoes, the cardroom operator shall designate and assign at least one licensed cardroom employee as the supervisor of games of dominoes. A dominoes supervisor may not supervise more than eight dominoes tables.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, ________.

 

61D-11.013 Display of Identification and Possession of Duties of Cardroom Employee Occupational Licenses Licensees.

(1) All cardroom employee occupational licensees shall wear their photo identification issued pursuant to Rule 61D-11.012(7), F.A.C., I.D.’s while on duty. A cardroom employee shall not attempt to hide his or her photo identification from any patron or from surveillance cameras. The I.D. shall be visible to players at all times.

(2) Cardroom employees shall have their occupational license in their possession and wear it at all times while on duty.

Specific Authority 550.0251(12), 849.086(4), (6)(5) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.014 Cards.

(1) The cardroom operator shall only use cards designed to eliminate the ability of any person to place concealed markings on the back of all cards in a deck.

(2) Cards that are taped, cut, shaved, marked, defaced, bent, crimped, or deformed shall not be used.

(3) All cards shall be plastic.

(4)(1) Decks of playing cards intended for use in a cardroom licensed facility shall be When decks of cards are received for use in a cardroom, they must be stored in a locked cabinet, located in a secure location when not in use.

(2) Before the beginning of gaming during a shift or day, and as necessary during the hours of operation, the cardroom operator must open the cabinet and remove the appropriate number of decks of cards for that shift or day, distribute the decks to the dealer at each table, and place the extra decks in a locked card reserve.

(5)(3) Each dealer assigned to a card table shall inspect each deck of playing cards intended for use at that table immediately prior to the start of the first round of play. The assigned dealer must ensure that cards are not taped, cut, shaved, marked, defaced, bent, crimped, or deformed in any fashion that may permit covert identification of the card by players. Prior to their use, each deck must be inspected by the dealer. The dealer must check the back of each card to ensure that it is not flawed, scratched, or marked in any way.

(a) Any card that is taped, cut, shaved, marked with any description, defaced, bent, crimped or deformed in any fashion that may permit covert identification of the card by players during the course of play must be withdrawn from play and marked as a complete deck of 52 cards or 54 cards when the joker cards are included, and identified as damaged cards. Each time a card is determined to be damaged, the entire deck shall be withdrawn from play and replaced with a new deck after that new deck is thoroughly inspected under the requirements of this rule. Cards damaged during the course of play must be replaced with a new deck.

(b) Any deck of cards in which it is determined damaged cards exist shall be withdrawn from play immediately upon identification of the damage as follows: Cards found to be damaged when inspected, or that are damaged during play, must be placed in a sealed envelope or container, identified by table number, date, and time, and must be signed or initialed by the dealer. Damaged cards shall be retained by the cardroom operator for 30 days.

1. The entire deck of cards containing the damaged card or cards shall be removed from play before card play may resume at the card table and the damaged card deck shall be placed in a sealed envelope or container;

2. The sealed envelope shall be marked with the table number, the date, and time the deck was withdrawn from play;

3. The cardroom supervisor shall sign his/her name across the seal of the envelope indicating the supervisor has sealed and inspected the seal prior to storage of the damaged cards; and

4. All damaged cards shall be retained for at least 30 days from the date of withdrawal from play.

(c) Cards which have been removed from play shall be permanently altered so that the cards can not be put back into play.

(d) Dealers shall:

1. Inspect and count all cards in the deck of cards provided for play at his/her card table before each game of cards begins;

2. Exchange or rotate the deck of cards with another approved deck of cards at least every six hours; and

3. Inspect and count all cards in the deck provided for exchange or rotation before employing that deck in the next game of cards.

(e) If an automated card shuffling device is being used, a cardroom operator shall use two decks of cards; and

1. The backs of the cards in the two decks shall be of different colors;

2. One deck shall be shuffled by the automated card shuffling device while the other deck is being dealt or used to play the game; and

3. Both decks shall be continuously alternated in and out of play, with each deck being used for every other game.

(6) Internal controls shall be established for the issuance of all cards to the shift supervisor and the floor supervisors.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.0145 Dominoes.

(1) The backs of dominoes shall have a design that does not allow a player the ability to place concealed markings on the dominoes or to know the identity of any markings of the dots on either half of the face of the domino.

(2) Dominoes that are marked, defaced, chipped, substituted from another set, or deformed shall not be used.

(3) Dominoes shall have a symbol or marking that identifies the domino to the specific facility where it is used for play.

(4) Sets of dominoes must be locked in a secure location when not in use.

(5) Prior to use, each domino must be inspected by the dominoes supervisor to ensure that no domino is marked, defaced, chipped, substituted from another set, or deformed.

(a) Dominoes damaged during the course of play must be replaced.

(b) Sets of dominoes that are marked, defaced, chipped, substituted from another set, or deformed shall be replaced and handled in the same manner as damaged cards under paragraph 61D-11.014(5)(b), F.A.C.

(c) Sets of dominoes that have been removed from play shall be handled in the same manner as damaged cards under paragraph 61D-11.014(5)(c), F.A.C.

(d) Only one set of dominoes at a time shall be maintained at a table. Each set of dominoes shall be rotated in and out of play at least every six hours.

(6) Internal controls shall be established for the issuance of all dominoes to the shift supervisor and the dominoes supervisors.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New ________.

 

61D-11.0149 Dominoes Supervisors.

(1) The dominoes supervisor shall be responsible for oversight of the play of dominoes for the tables which includes:

(a) Collection of any fee for participation;

(b) Exchanging of cash for chips or tokens. Each cardroom operator providing dominoes for play shall provide internal controls for the interaction between the imprest bank and the dominoes supervisor;

(c) Inspection of the dominoes for compliance with Rule 61D-11.0145, F.A.C., before the set is made available for play; and

(d) Reporting of any side betting to management pursuant to internal controls.

(2) A dominoes supervisor shall not allow a bet or raise amount, or the number of raises in a round of betting, to exceed the limits imposed by Section 849.086(8)(b), F.S.

(3) Dominoes supervisors shall only take breaks in areas designated by the cardroom operator in their internal controls.

(4) Dominoes supervisors shall not allow cash or any other personal items to be placed on a table during the play of any game of dominoes.

(5) Dominoes supervisors shall manage the retirement of all dominoes, chips, or tokens, as stated in the internal controls.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New________.

 

61D-11.015 Chips and Tokens.

(1) All It shall be the responsibility of the cardroom operator to keep all chips and tokens not in play or which are not available for play or use that day shall be, stored in a locked cabinet, located in a secure secured location.

(2) Internal controls shall be established for the issuance of all chips/tokens or cards to the shift supervisor (pit boss), and the floor supervisors.

(2)(3) Daily records must be kept for all All chips and tokens issued including from storage shall be maintained with a record of the date, time, table to which they were issued, the denomination(s), and total value on Form DBPR PMW-3650, Cardroom Daily Control Sheet, adopted and incorporated by Rule 61D-12.001, Florida Administrative Code.

(3)(4) The face of each chip or token Chips and tokens must include:

(a) The name of the facility that issued issuing cardroom, on each side of the chip or token. Names of other facilities shall not be displayed on a chip or token; and

(b) The value of the chip or token. must be inscribed on each side of the chip or token;

(4)(c) The A chip must be designed so that when stacked with chips and tokens of other denominations and viewed, the denomination of the chips or tokens must be distinguishable from that of the other chips or tokens when stacked in the stack.

(5) Chips or tokens purchased at a cardroom facility shall be redeemed by the cardroom operator for the appropriate cash value.

(6) Tournament chips shall:

(a) Be distinguishable from all other chips used at the cardroom facility;

(b) Not be redeemable for anything of value;

(c) Be only purchased at a buy-in or registration; and

(d) Be used to compute the total points accumulated and the winner or winners of a tournament.

(7) Cardroom operators shall maintain records documenting the daily ending inventory of tokens and chips pursuant to Section 849.086(11)(a), F.S.

Specific Authority 550.0251(12), 849.086(4), (8) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 4-12-06, ________.

 

61D-11.016 Card and Domino Tables.

(1) Card Cardroom operators shall utilize card tables shall have, with a clearly designated rake circles, an imprest trays, tip boxes, and drop box slots. In lieu of a rake circle on a card table, a drop box slide may be used utilized.

(2) Domino tables shall be square with clearly designated areas located at each of the four corners of the table for the placement of wagers and the payment of participation fees. The surface of the dominoes table shall be one solid color that will not interfere with the ability of the surveillance system to clearly identify each domino played or the value of chips or tokens in the wagering area. There shall be no imprest tray on a domino table.

(3) Card games shall only be played on card tables.

(4) Dominoes shall only be played on domino tables.

(5)(2) Each card table shall be clearly designated with the number of the table, which shall be visible to the surveillance system.

(6) At no time may a cardroom contain more tables than that for which the cardroom operator has been licensed. Unused and unlicensed tables must not be stored inside the cardroom, but may be stored in designated non-public areas for the purpose of dealer training or other storage areas with no potential for official play.

Specific Authority 550.0251(12), 849.086(4), (8), (10) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended _______.

 

61D-11.0175 Count Rooms and Count Procedures.

(1) At the close of each shift, but not less than once daily, the cardroom operator shall:

(a) Count and record the amount of chips or tokens and currency for each table;

(b) Make a fill or credit to bring the imprest tray back to its beginning balance;

(c) Document beginning and ending inventories in the fill or credit report reflecting the value of chips or tokens and currency whether final fills are or are not made;

(d) Confirm that the supervisor has verified beginning and ending inventories of chips or tokens and currency; and

(e) Ensure that drop boxes are removed from tables immediately and transported to the count room or other secure area by two employees. At least one of the transporting employees shall not be under the immediate supervision of the shift supervisor or manager.

(2) The cardroom operator shall have a count room within its facility used for counting of funds. Cardroom operations counts shall be performed at separate times and independent of pari-mutuel or slot operations counts.

(3) The count room shall include:

(a) Reinforced doors equipped with locks and a device that signals the surveillance monitoring room and the security department whenever a door is opened;

(b) Tables for counting chips, tokens, or currency;

(c) Surveillance equipment as referenced in paragraph 61D-11.025(5)(c), F.A.C.; and

(d) A fixed door type or hand-held metal detector to inspect all persons exiting the count room. In lieu of the use of metal detectors, a cardroom operator may choose to complete a key inventory at the exit door of the count room that shall be described in the internal controls.

(4) The internal controls shall include the following procedures to be followed before any count process:

(a) A procedure for securing chips, tokens, or currency from any previous count;

(b) Procedures providing for a count team including a supervisor and at least two team members, with one team member being the count recorder. Count team members shall be rotated as specified in the internal controls. The rotation shall be such that the team is not the same three individuals more than any three days per week;

(c) A procedure ensuring that all persons present in the count room during the counting process wear outer garments that must be a full-length, one-piece, pocket-less garment with openings for the arms, feet, and neck only;

(d) A procedure ensuring that no person carry any personal items into the count room; and

(e) A procedure ensuring that the count room supervisor record, in writing, the name and license number of each member of the count team, and record the same information on any personnel entering or exiting the count room during the count process.

(5) The internal controls shall include the following procedures for the count process:

(a) A procedure for dual count and reconciliation of all chips, tokens, or currency. Dual count and reconciliation shall be a procedure to ensure presentation of all chips, tokens, or currency in the count room to an employee who verifies the chips, tokens, or currency;

(b) A procedure to segregate chips, tokens, or currency including a procedure for resolving any discrepancies;

(c) A procedure for handling torn or mutilated chips, tokens, or currency;

(d) A procedure for the proper use of any counting machine that may be used;

(e) A procedure for emptying the contents of each drop box on the count table;

(f) A procedure requiring that each drop box be counted separately;

(g) A procedure to ensure that the drop box and the inside of the drop box be held up to the full view of a surveillance camera;

(h) A procedure to ensure that after each drop box has been viewed and counted, the drop box shall be locked and placed in a storage area exclusively for drop boxes;

(i) A procedure for a count team member to record the following information on a count report:

1. The table number to which each drop box contents corresponds;

2. The value of each denomination of chips, tokens, or currency counted;

3. The total value of all denominations of chips, tokens, or currency counted; and

4. The gaming date of the count and the total number of all drop boxes opened and counted.

(j) A procedure to reconcile the daily count records to the totals on the Monthly Remittance Reports required in subsection 61D-11.018(2), F.A.C.;

(k) A procedure to ensure that the doors to the count room remain locked except to allow authorized entrance to individuals as stated in the internal controls;

(l) A procedure to ensure that:

1. All count team members secure all of the chips, tokens, or currency in the count room if a count team member leaves the count room;

2. All count team members are screened before leaving the count room;

3. No count team member shall be in the count room alone; and

4. The count team members do not re-enter the count room until all count team members are present;

(m) A procedure ensuring that each count report is signed by the count team members and the count room supervisor; and

(n) A procedure ensuring reconciliation of copies of fill or credit reports to the count sheets.

(6) The internal controls shall include the following procedures to be followed after any count process:

(a) A procedure requiring the supervisor to inspect the entire room and all counting equipment to verify that no chips, tokens, or currency remain in the room;

(b) A procedure to make correction to information originally recorded by the count team or to any count documentation by crossing out the error, entering the correct figure, and entering the initials of at least two count team members who verified the change;

(c) A procedure to reconcile the fill or credit report for each imprest tray to the count documentation;

(d) A procedure for the delivery of the verified and signed count documents to the accounting department. The delivery shall occur immediately after all count procedures are completed; and

(e) A procedure requiring that the accounting department calculate and record the total drop for that gaming day based upon the verified and signed count documents.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New ________.

 

61D-11.018 Reporting Requirements to Determine Net Proceeds or Gross Revenues.

(1) Each Every licensed pari-mutuel facility operating a cardroom operator shall maintain a hard-copy of permanent monthly records of all financial transactions directly or indirectly related to the cardroom activities. All transaction data must be maintained on the premises of the cardroom operator. The cardroom operator must maintain documentation supporting all amounts reported in the records. Each record shall include, but not necessarily be limited to all details of the following:

(a) For greyhound and jai alai permitholders, each record shall clearly show totals of gross revenues.

(b) For harness or thoroughbred permitholders, each record shall clearly show totals of operating revenues, expenses, and net proceeds.

(2) Each thoroughbred and harness horse racing permitholder who is licensed to engage in cardroom activity shall keep records that clearly show a statement of assets, liabilities, operating revenues and expenses and net proceeds to determine distributions to purses and breeders’ awards, as required by Section 849.086(13), F.S.

(2)(3) Cardroom Every licensed cardroom operators shall file Form DBPR PMW-3640, Cardroom Monthly Remittance Report, and Form DBPR PMW-3650, Cardroom Daily Control Sheet, both adopted and incorporated by Rule 61D-12.001, F.A.C. Florida Administrative Code, with the division by the fifth day of each calendar month for the preceding calendar month’s cardroom activity.

Specific Authority 550.0251(12), 849.086(4), (11), (13) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 4-12-06, ________.

 

61D-11.019 Internal Control System.

(1) Initial applications for a cardroom shall include a Each applicant for a license to operate a cardroom shall submit with their initial application their written internal control system established in compliance with Section 849.086, F.S., and the rules promulgated thereunder to the division for approval. Subsequent changes to the internal controls of a cardroom operator must be submitted noticed to the division for approval and must be approved by the division prior to implementation of such changes. The division will have 30 days from receipt of the internal control changes to approve or disapprove the changes to the internal controls.

(2) Failure of any cardroom operator to follow the internal controls once approved by the division shall be a violation of these rules. A cardroom operator is responsible for compliance with its internal control system.

(3) through (3)(h) No change.

(i) Competency of staff and ability to comply with established policies and procedures is promoted through training; and

(j) Efficiency of operations is enhanced.

(4) The cardroom manager or general manager shall sign and submit the internal control procedures to the division. The internal control procedures shall at a minimum contain the following: The division will use standards set forth in the “Minimum Internal Control Standards,” herein incorporated by reference, to determine whether the requirements of Section 849.086, F.S., and the rules promulgated there under are complied with in the submitted internal control system. If the submitted system is disapproved, the division shall provide a written report detailing the deficiencies and will make suggestions in the report on how the deficiencies can be corrected.

(a) A requirement that a supervisor or the transporter verify all transfers between imprest trays and the cardroom bank with their signature on the transfer document;

(b) The designation of a cardroom bank holding all cardroom funds;

(c) The designation of an imprest bank holding all imprest trays;

(d) The designation of a cashier cage methodology for the control and accounting of funds that are part of the cardroom bank as an alternative to an imprest bank if designated in the internal controls;

(e) A requirement that all transactions flowing through the cardroom bank be summarized daily as specified in the internal controls as follows:

1. Increases and decreases to the cardroom bank inventory shall be summarized and supported by documentation;

2. A record shall reflect that the cardroom bank inventories are counted by at least two persons and recorded at the end of each day on inventory documentation;

3. Information shall be summarized and recorded in the cardroom operator’s accounting records on the business day following each day of operation; and

4. A statement of whether an imprest bank or cashier cage methodology is used shall be indicated by the cardroom operator.

(f) When a cashier cage methodology is used, the facility shall include in the facility internal control procedures security controls that limit access into the cashier cage. The internal controls shall also require a list of employees who are granted access to the cashier cage and their individual license numbers;

(g) A requirement that the cardroom operator perform internal audits every six months of operation. Internal audit documentation must:

1. Include documentation of material exceptions to internal controls; and

2. Be provided to the division within 30 days of the date of the internal audit.

(h) A description of the cardroom’s patron dispute resolution process;

(i) A list of all authorized games offered for play and a description of the rules of play and wagering requirements for each game;

(j) A requirement for the complete replacement of all card decks that have been in play for three months and domino sets that have been in play for six months;

(k) The methodology for administration of jackpot payouts:

1. Payouts for jackpots may be made in chips, tokens, or currency if the amount of the distribution is equal to or less than $4,999.99; and

2. A combination of check, chips, tokens, or currency shall be used for all jackpot payments greater than $4,999.99.

(l) An identification of where dealers may take their break, and provide at a minimum, that such breaks be arranged so there is limited opportunity for dealer and player personal interaction;

(m) The methodology for administration of rakes to include:

1. A flat fee rake or a rake on a time limit shall be designated for each cardroom or cardroom game. The method of rake may be different for different cardroom games within one cardroom;

2. When the cardroom elects to use a flat fee rake, the amount of the rake the cardroom operator designates shall be stated in the cardroom internal controls; and

3. When the cardroom operator elects to employ a rake on a time limit basis, the amount of the rake for each time period shall be stated in the cardroom internal controls;

(n) A floor plan of the cardroom that shall be maintained in the surveillance room. The floor plan shall:

1. Be based on a readable scale and show the placement or location of the following:

a. Each cardroom table and its corresponding table number;

b. Security cameras and other surveillance equipment;

c. Count rooms and cashier cage;

d. The location of the cardroom operator’s designated cardroom gaming area. Designated cardroom gaming areas shall be separated by a check-in area where the cardroom operator shall check identifications of players prior to being seated for play or shall have controlled entry and exit points where the cardroom operator shall check identifications to ensure no persons under 18 years of age are allowed access to the designated cardroom gaming area; and

e. The security surveillance system monitoring room.

2. Provide for clear lines of sight for the security surveillance system. There shall be no area where cards or dominoes are played or where money is collected, distributed, or counted which the security surveillance system is unable to monitor with clarity.

(o) The methodology for key access controls for drop boxes;

(p) The methodology for retirement of cards, chips, dominoes, or tokens. The methodology shall:

1. Designate the individual position responsible for the retirement procedure;

2. Require the cardroom operator to notify the division in writing of the retirement action no later than 30 days after retirement of the cards, chips, dominoes, or tokens; and

3. Require all retired cards, chips, dominoes, or tokens be retained in a secure location for 60 days.

(q) The methodology for maintaining a database of persons who have been excluded from its facility by the cardroom operator or the division;

(r) A requirement that all internal control documents include a footnote with the revision date for that version of the internal controls; and

(s) If the facility permits the use of cardroom chips or tokens to purchase pari-mutuel tickets, then the internal controls must provide a procedure to:

1. Identify all cardroom chips or tokens used to purchase pari-mutuel tickets;

2. Convert the cardroom chips or tokens to cash; and

3. Return all cardroom chips or tokens to the cardroom at the end of each shift.

(5) The division shall not approve an internal control submission if:

(a) Any provision of the internal control submission is inconsistent with the requirements of Chapter 61D-11, F.A.C.;

(b) Any game or series of games played is not an authorized game under Section 849.086(2)(a), F.S.; or

(c) Players are allowed to wager in excess of the wagering limitation found in Section 849.086(8)(b), F.S.

Specific Authority 550.0251(12), 849.086(4), (11) (7), (12), (14) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended ________.

 

61D-11.020 Card Game Drop Box and Key Control Procedures.

Each card table shall have one drop box with a drop slot which when activated will cause the rake or ante to drop directly into the drop box. The card game drop box shall be a locked container marked with a permanent number corresponding to the permanent number on the card table. The locked container shall be locked to the card table and shall be separately keyed from the drop box itself.

(1) Each table shall have a drop box that is configured to permit the dealer to insert the rake directly into the drop box. The drop box shall be: All card game drop boxes shall be removed from their respective card table no later than at the conclusion of each day’s authorized cardroom activity. Card game drop boxes shall be removed without any interruptions so that the markings on the boxes are clearly visible and will be stored in a secure place or immediately counted and the count documented for accounting transaction purposes.

(a) Marked with a permanent number corresponding to the table number to which the drop box is assigned;

(b) Affixed with a lock to the table; and

(c) Separately keyed from the table release lock.

(2) Each cardroom operator shall develop and use a lock and key control system that limits or restricts access to secure compartments, drop boxes, and areas as identified in the operator’s internal control procedures. The count of the drop box must be in compliance with the requirements set forth in the cardroom operator’s internal control system.

(a) The cardroom operator’s security department shall receive the locks and keys; and

(b) A master locksmith or similarly qualified cardroom operator employee shall install all locks specified in this subsection.

(3) The cardroom operator’s security department shall maintain all drop box keys as specified in the internal controls.

(4) Drop boxes shall require dual keys:

(a) Drop box release keys used to unlock the box from the table and the drop box contents keys shall have separate custodians who shall be authorized by the cardroom operator’s internal controls to:

1. Have access to the drop box release keys and remove the drop boxes from the tables; and

2. Have access to the drop box contents keys and open the drop boxes during the count procedures.

(5) If access to keys is manually controlled, all access shall be documented in a written log that shall include:

(a) The justification for access to keys;

(b) The identity of the key and key box;

(c) The occupational license number or employee number of the employee removing the key;

(d) The date and time each key is signed out;

(e) The date and time each key is returned; and

(f) The signatures of at least two persons for each key removed.

(6) If an electronic key box is used, the electronic key box system shall provide scheduled and on-demand reports for a complete audit trail of all access including:

(a) The identity of the key and key box;

(b) The occupational license number or employee number of the employee removing the key;

(c) The date and time each key is signed out;

(d) The date and time each key is returned;

(e) A report of unauthorized attempts to access the key box;

(f) All entries, changes, or deletions in the key box system; and

(g) The identity of the employees who made attempts to enter or perform changes, or deletions in the key box system.

(7) All duplicate keys shall be controlled in the same fashion as the original keys.

(8) Cardroom operators shall:

(a) Remove all drop boxes immediately after the end of the final game for each day’s activity. In the event the immediate removal of drop boxes is not possible, a security guard shall be in the room until the drop boxes are removed; and

(b) Remove drop boxes so that the markings are clearly visible to surveillance cameras.

(9) The drop box count shall comply with Rule 61D-11.0175, F.A.C., and the cardroom operator’s internal control system.

Specific Authority 550.0251(12), 849.086(4), (11) (8), (10) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.021 Card Game Tip Box Procedures.

(1) Each table shall have a dealer tip box that is configured to permit the dealer to insert a tip directly into the tip box. Each card table shall have one dealer tip drop box with a drop slot that when activated shall cause the tip to drop directly into the drop box. The dealer tip drop box shall be a locked container marked as a tip drop box.

(2) All tip boxes shall be marked: All tip box markings shall be clearly visible.

(a) To make them clearly visible to surveillance cameras:

(b) To distinguish from all other boxes as a tip box; and

(c) With a permanently affixed identification number or name.

(3) Dealers shall:

(a) Place each tip on the table in front of the tip box so that surveillance can identify the tip; and

(b) Tap the tip on the corner of the imprest tray before inserting the tip into the tip box.

(4) The cardroom operator shall maintain, by date, a log indicating tip box assigned, by number or name, and total tips each dealer collected.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.022 Cardroom Imprest Bank and Card Table Imprest Tray.

(1) A cardroom operator shall designate a secure area for housing the bank for cardroom operations.

(2) The chips, tokens, and currency currency, chips and tokens for the cardroom operation shall be physically maintained separately from any other currency of the pari-mutuel wagering facility, except that chips may be used to purchase pari-mutuel tickets if the cardroom operator’s internal controls include procedures for converting the designated chips back to cash and returning that cash to the cardroom.

(3) All cardroom operators must employ an imprest bank or cashier cage method.

(4) When a card table imprest tray is replenished from the cardroom imprest bank:

(a) The dealer shall count all chips, tokens, and currency transferred in public view under surveillance on the card table; and

(b) The transporter or a supervisor shall verify the value of the transferred chips, tokens, and currency the dealer has counted.

(5) The cardroom bank or cashier cage must be a secure area where access is limited to those persons authorized in the internal controls.

Specific Authority 550.0251(12), 849.086(4) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.024 Rake-Off Procedures.

The set fee rake-off shall be called at the beginning of each hand. The set fee rake-off shall be placed in a designated rake circle or drop box slide and shall remain in the designated circle or slide until a winner is declared and paid. The set fee rake-off shall then be dropped into the table drop box. A rake taken as a percentage of the pot shall be collected and placed in a designated rake circle or drop box slide immediately upon the conclusion of the round, hand, or game. The rake taken as a percentage of the pot shall then be dropped into the table drop box prior to the beginning of another round, hand, or game.

(1) The cardroom operator shall:

(a) Designate a flat fee or a timed rate fee as a rake for the cardroom and for each cardroom game; and

(b) Conspicuously display the rake limits and method at each cardroom table for the players to see.

(2) If a flat fee rake is used in a game, it shall:

(a) Be placed in a designated rake circle or on top of a drop box slide;

(b) Remain in the designated circle or on top of the slide until a winner is declared and paid; and

(c) Be dropped into the table drop box immediately after a winner is declared for a round, hand, or game.

(3) If a timed rate fee is used, it shall:

(a) Be collected prior to dealing the first hand for the stated time period by placing chips or tokens in a designated rake circle or drop box slide as identified in the internal controls; and

(b) Be dropped into the table drop box immediately after it is collected.

Specific Authority 550.0251(12), 849.086(4), (8), (10) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended________.

 

61D-11.025 Cardroom Electronic Surveillance.

(1) Each For purposes of monitoring the playing area, each cardroom operator licensee shall install in its establishment a room with an electronic surveillance system according to the specifications herein to monitor the activities within the cardroom facility, and shall provide timely access to the system on the licensee’s premises, by the division upon request.

(2) The surveillance system must be capable of: Definitions.

(a) The covert monitoring of: “Cardroom surveillance” means the capability to observe and electronically record activities being conducted in a licensed cardroom facility.

1. The conduct and operation of card and domino tables;

2. The conduct and operation of the central location where tournament buy-ins and registration occur;

3. The conduct and operation of the cashier’s cage;

4. The collection and count of the gaming revenue drop;

5. The movement of any cardroom imprest tray, chips, tokens, or currency while being transported within the facility to a card or domino table, count room, money room, vault, cardroom bank or cashier cage, or other secure area.

(b) Detection and recording of: “Dedicated camera” means a black & white or color video camera that continuously records a specific activity.

1. Cheating, theft, embezzlement, and any other activity considered illegal under the law or inconsistent with Chapter 61D-11, F.A.C., or Section 849.086, F.S., in the cardroom facility; and

2. The presence in the cardroom facility of any unauthorized or excluded person.

(c) “PTZ Camera” means a light-sensitive video camera which possesses, at a minimum, pan, tilt, and zoom capabilities or features comparable thereto.

(d) “Surveillance room” means a secure location in a licensed cardroom facility used primarily for cardroom surveillance.

(e) “Surveillance system” means a system of video cameras, monitors, recorders, and other ancillary equipment used for cardroom surveillance.

(3) The person holding the position of cardroom manager or supervisor with oversight of cardroom drops and revenue shall not be in a position to conduct surveillance for the count room and drop activities.

(4)(3) The surveillance Surveillance system and equipment shall employ digital electronic technology with the acuity and clarity that is no less than that provided by magnetic tape systems. The digital equipment shall:

(a) Record to a quality of 4 Common Intermediate Format (CIF); At a minimum, each video camera unit must:

1. Include date and time generators which possess the capability to display the date and time of recorded events on videotape so as to enable the operator to identify the point on such tape at which a particular event was recorded;

2. Possess the capability of having its picture displayed on a video monitor and recorded;

3. Be equipped with lenses of sufficient magnification to clearly distinguish the value of the playing cards; and

(b) Be viewable on a monitor; The entrance to the surveillance room must be locked so that it is not readily visible or accessible to the general public.

(c) Include date and time generators; and Access to the surveillance room must be limited to the cardroom manager or other personnel authorized in accordance with the licensee’s policy as set forth in its written surveillance system plan.

(d) Display the date and time of recorded events in the record to enable the operator to identify the point on such record at which a particular event was recorded.

(5) Different capability levels of cameras shall be:

(a) Dedicated cameras that record at a rate of 30 frames per second for viewing all activities on the entire surface of each card and domino table;

(b) Dedicated cameras that record at a rate of 30 frames per second for viewing:

1. The central location for tournament buy-ins and registration;

2. The cashier’s cage, cashier’s drawers, and vault; and

3. The surveillance room pursuant to subsection (16) of this rule.

(c) PTZ cameras that:

1. Are placed behind domes or one-way mirrors;

2. Are concealed from view;

3. Permit unobstructed viewing with sufficient video monitors;

4. Simultaneously cover various vantage points;

5. Operate at a rate of 30 frames per second;

6. Permit identification of any person in the gaming area with sufficient clarity;

7. Monitor and record the movement of chips, tokens, currency, imprest trays, drop boxes, and tip boxes within the cardroom facility;

8. Monitor all areas and activities occurring within the count rooms with audio capability and motion- sensitive performance to record during any occupancy in the count process;

9. Monitor and record all areas where chips and tokens are exchanged for cash or checks with sufficient clarity to permit identification of all physical items involved in the recorded transactions; and

10. Magnify or zoom to clearly distinguish table numbers and the value of playing cards, dominoes, chips, tokens, and currency.

(6) During each count of chips, tokens, and currency in the cardroom facility count room:

(a) The surveillance room must be staffed with the personnel identified in the facility internal controls; and

(b) The count must be recorded with cardroom surveillance equipment.

(7) The surveillance room:

(a) Entrance shall be located so that it is not readily visible or accessible to the general public;

(b) Access must be limited to the cardroom manager or other personnel authorized in the facility’s internal controls; and

(c) The interior shall not be visible or accessible to the public.

(8)(d) Each video camera unit required by this rule must be installed in a manner that will prevent it from being readily obstructed, tampered with, or disabled by patrons or employees.

(9)(e) Employees shall not intentionally obstruct surveillance system equipment.

(10)(f) Adequate lighting shall be present in all areas of the cardroom to enable camera coverage of sufficient quality to produce clear videotape recordings.

(g) Reasonable effort must be made to repair each malfunction of surveillance system equipment required by this rule within seventy-two (72) hours after the malfunction is discovered. Within twenty-four (24) hours of discovery, the licensee shall notify the division via facsimile transmission of the equipment malfunction. If a malfunction is not repaired within seven (7) days after it is discovered, causing the licensee to be in non-compliance with this rule, the licensee must immeidately notify the division via facsimile transmission of the failure to repair.

(11) All tapes and other electronic surveillance recordings shall be:

(a) Maintained for at least 14 days;

(b) Labeled in chronological order by date and time of recording; and

(c) Retained for a period of time longer than 14 days if requested by the division or any law enforcement agency.

(h) The licensee shall preserve and store any video recording for at least fourteen (14) days. The division shall have unfettered access to all such video recordings.

(12)(i) The surveillance system within the cardroom must possess the capability to monitor, identify, and record the activities of the patrons and dealers at each poker table, in a manner that provides 100 percent 100% video camera coverage of the cardroom at all times.

(j) The number and types of video cameras required in each cardroom facility are as follows:

1. PTZ video cameras, or cameras with comparable features are required in each cardroom facility to effectively monitor in detail and from various vantage points at all times, (a) the activities conducted at each table, (b) the movement of cash, gaming chips, and drop slot boxes, (c) all areas of the cardroom including entrances and exits.

2. One fixed dedicated video camera unit per table will be required when cardroom gross receipts, as defined in Section 849.086(2)(h), F.S., equal or exceed $500,000 in a calendar month.

3. The surveillance standard referenced in 2. above will be effective beginning the fiscal year immediately following the fiscal year in which the $500,000 threshhold is met.

(k) When dedicated cameras are required pursuant to the provisions of paragraph (j) above, each camera must provide coverage of: (1) each table with sufficient clarity to identify patrons and employees, and (2) each table surface, with sufficient clarity to simultaneously view all table activities.

(13)(1) Each operator cardroom licensee shall maintain a surveillance log of all surveillance activities in the surveillance monitor room that shall include:. The log shall be maintained by the cardroom manager and shall be stored securely. At a minimum, the following information shall be recorded in a surveillance log:

(a)1. Date and time each surveillance commenced;

(b)2. The name and license number of each person who initiates, performs, or supervises the surveillance;

(c)3. Reason for the surveillance, including the name, if known, and the description of each individual being monitored, and a brief description of the activity in which the monitored person is engaging;

(d)4. The time times at which each videotape recording is was commenced and terminated;

(e)5. The time at which each suspected criminal offense is observed, and a notation of the reading on the meter, counter, or device that identifies the point on the recording that videotape at which such offense was recorded;

(f)6. The time the time at which surveillance is terminated; and

(g)7. The date Date and time of any equipment malfunction and repair.

(14) When surveillance equipment malfunctions and fails to operate as required by this rule:

(a) Play at the table or tables in any area for which there is inadequate monitoring shall be suspended until the quality of the surveillance system is restored to the levels required by this rule;

(b) The cardroom operator shall ensure that any malfunction of surveillance equipment is immediately repaired or replace the malfunctioning equipment or component with a working unit to restore surveillance operation to the levels required by this rule; and

(c) The cardroom operator shall:

1. Maintain a log of all malfunctions of the surveillance and recording equipment;

2. Notify the division by the beginning of the next business day when:

a. Such repair is required; and

b. Upon completion of the repairs.

3. Repair or replace any video or audio recording system that has failed within 24 hours of the failure; and

4. Close the tables for play in that area for which there is inadequate monitoring if after 24 hours surveillance recording has not been restored.

(15) The surveillance system shall provide back-up for video or audio recording during the repair and replacement time.

(16) The activity within the surveillance room shall be continuously recorded.

Specific Authority 550.0251(12), 849.086(4)(a), (11) FS. Law Implemented 849.086(4)(a), (b), (f), (7)(a) FS. History–New 10-21-97, Amended________.

 

61D-11.0251 Security Plans.

(1) The cardroom operator shall maintain a security plan in its security office that shall include:

(a) A position description for each security officer or employee that includes the position’s duties, assignments, and responsibilities;

(b) The minimum number of security officers or employees required for each shift;

(c) Procedures for handling incidents requiring the assignment of a security officer or employee;

(d) Training requirements and procedures for employees and officers; and

(e) A description of each alarm or alert used for incidents of violent crime that shall include, but not be limited to, robbery, armed robbery, or an incident involving a hostage situation.

(2) The security plan shall include procedures for annual testing of all security alarms or alerts required by rules regulating the cardroom facility.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New ________.

 

61D-11.0275 Tournaments.

(1) As part of its internal controls, each cardroom operator, who conducts tournaments shall provide written procedures for the conduct of tournaments that shall:

(a) Require that the entry fee and any rebuys do not exceed the wagering limitations of Section 849.086(8)(b) and (c), F.S.;

(b) Provide a method for charging house and tournament fees for participation in a tournament of poker or dominoes; and

(c) Describe:

1. The point values of chips or tokens;

2. The number of chips or tokens each participant will receive upon buy-in or registration;

3. The appearance of chips or tokens which shall be visually distinct from those used in regular play;

4. The allowance and use of blinds;

5. The allowance and use of re-buys;

6. The distribution of winnings; and

7. The process to ensure that chips or tokens will not be redeemed for cash or any other thing of value.

(2) The written procedures must be available to all interested participants upon request and displayed within the cardroom.

(3) Cash received for entry fees shall be separate from all other cash received by the cardroom operator for regular cardroom gaming until such time as all cash is counted.

(4) The monthly remittance report filed with the division in conjunction with the report required by Section 849.086(13), F.S., shall include an aggregate accounting of:

(a) The amount collected for games played in a tournament per player;

(b) The total amount of participation fees collected;

(c) The total number of participants;

(d) The total amount distributed to winning participants;

(e) The taxable gross receipts amount; and

(f) The calculation of total tax due for the tournament.

(5) The cardroom operator shall:

(a) Maintain a log of all tournaments played with a separate entry for each type of daily tournament containing the information in paragraphs (4)(a) through (4)(f) of this rule; and

(b) Reconcile the log of tournament activity to the information provided in the monthly remittance report in subsection (4).

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New________.

 

61D-11.0279 Jackpots, Prizes, and Giveaways.

(1) The following requirements apply to all cardroom and dominoes tables participating in jackpots:

(a) The cardroom operator shall post the rules of the jackpots offered, including which specific hands constitute a winner, and all details regarding seeding the jackpot fund;

(b) Post the jackpot rake at each table;

(c) Ensure that:

1. An additional drop box is installed on the left hand side of tables for jackpot proceeds;

2. The internal controls require that the dealer drop the jackpot rake into the jackpot drop box;

3. Jackpot drop boxes have a permanently affixed number that corresponds to the table to which the drop box is assigned;

4. Jackpot drop boxes are marked or colored to distinguish them from the regular drop box and tip box;

5. All jackpot drop boxes are dropped and counted daily using drop procedures set forth in Rule 61D-11.0175, F.A.C.;

6. Jackpot revenues are not commingled with other monies;

7. All revenue from the jackpot drop is accumulated separately from other revenue and deposited daily into a separate non-interest bearing bank account;

8. The daily balance for each jackpot is displayed prominently within the cardroom facility;

9. All jackpot accounting records:

a. Include a detailed ledger with all credits, debits, and any jackpot amount carried forward to the jackpot from the prior playing day; and

b. Are maintained to account for each different jackpot offered.

10. All jackpot payouts are made in accordance with the internal controls; and

11. The internal controls will state whether a maximum jackpot threshold limit is established. The internal control shall state if a threshold is selected, when the designated threshold is achieved, the series of cards comprising the hand winning the jackpot shall be changed to a series of cards that has a higher probability of occurring.

(2) Each jackpot amount shall be:

(a) Equal to the ending total balance of that specific jackpot fund at the end of the previous day’s count; and

(b) Displayed as required in subparagraph (1)(c)8. of this rule.

(3) The cardroom operator shall:

(a) Maintain a separate Form DBPR PMW-3605, Daily Tracking of Cardroom Jackpot, adopted and incorporated by Rule 61D-12.001, F.A.C., for each day of cardroom activity, and each different jackpot;

(b) Submit each Form DBPR PMW-3605 monthly to the division along with each Form DBPR PMW-3640, Cardroom Monthly Remittance Report, adopted and incorporated by Rule 61D-12.001, F.A.C.; and

(c) Maintain a log of jackpot payouts that shall include:

1. The name, address, and telephone number of each winner;

2. The check number if paid by check;

3. A copy of the winner’s identification for winnings which meet the Internal Revenue Service threshold; and

4. A copy of any forms required to be filed by the Internal Revenue Service.

(5) A jackpot, prize, or giveaway shall only be awarded to a player holding a combination of cards specified by the cardroom operator.

(6) The internal controls shall include procedures for reporting winnings that reach the Internal Revenue Service threshold.

(7) The transaction for a giveaway or prize must be a separate transaction from any buy-in or rebuy. Jackpot contributions may be a part of a buy-in or re-buy, but the jackpot portion of the buy-in or re-buy must be fully disclosed and accounted for separately.

(8) A cardroom operator may not withhold a percentage of the jackpot pool for the cost of administering the jackpot. One hundred percent of any jackpot shall be applied to the payment of jackpots.

Specific Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 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: Charles Drago, Interim Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 5, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 14, 2007