61D-7.015: Trifecta and Superfecta Combinations
61D-7.024: Totalisator Requirements
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement Florida Statutes pertaining to the calculation and distribution of pari-mutuel wagering activity on wagering pools, and totalisator reports and requirements.
SUMMARY: Amends Rule 61D-7.015, F.A.C., regarding pool calculation and distribution requirements for pari-mutuel wagering activity on trifecta and superfecta combinations by removing the requirement to cap the jackpot of specific amounts, and allowing a shorter period prior to implementation for providing notice to the division. Amends Rule 61D-7.024, F.A.C., to remove obsolete and duplicative requirements for totalisator forms, systems, and reporting, and to appropriately reference revised forms for reporting of pari-mutuel and totalisator activity. The amendment to these proposed rules also removes the reference to Rule 61D-7.017, F.A.C., which has been identified for proposed repeal during the comprehensive rule review required by Executive Order 11-01.
OTHER RULES INCORPORATING THIS RULE: Rule 61D-9.005 incorporates Rule 61D-7.024, F.A.C.
EFFECT ON THOSE OTHER RULES: None
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Division of Pari-Mutuel Wagering conducted an analysis of the proposed rules potential economic impact and determined that they did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 550.0251(3), (7), 550.155(1), 550.495(4) FS.
LAW IMPLEMENTED: 550.0251, 550.155, 550.495 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: June 18, 2012, 2:00 p.m. 5:00 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 (850)717-1098. 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-7.015 Trifecta and Superfecta Combinations.
(1) through (a) No change.
(b) Corresponding Trifecta and Superfecta combinations from matinee to evening performances need not share a common jackpot. A permitholder may opt for a common jackpot or separate jackpots for matinee and evening performances. Where separate jackpots are opted for, the division shall be notified in writing at least three five days prior to implementation and the patrons shall be informed of such prior to each performance.
(c) through (5) No change.
(6) Winning first half tickets eligible for exchange must be exchanged after the declaration of the official order of finish for the first half contest and prior to the close of wagering for the second half contest. Winning ticket holders shall be paid the winnings resulting from the first half contest and receive a ticket reflecting their selection for the second half contest in exchange for the first half ticket. If a winning ticket for the first half contest is not presented for cashing and exchanged within the time provided, the bettor may still collect the price attached to the ticket. However, the bettor forfeits all rights to any distribution of the winnings resulting from the second half contest unless paragraph 61D-7.015(9)(d), F.A.C., Florida Administrative Code, applies.
(7) through (8)(b) No change.
1. A permitholder may have a higher minimum of betting interests as a condition of offering Tri-Super wagering provided that the patrons are made aware of the minimum prior to each performance through the official racing program or prominently displayed at on each level of the facility.
2. through (9)(d) No change.
(e) In the event of communications or power failures or totalisator malfunctions that preclude exchange rights from being fully exercised by holders of first half winning tickets, the second half of the Trifecta and Superfecta combination shall be canceled and the provisions of paragraph (9)(d) shall apply. Any technical problems which may require additional time for the exchange process or possible cancellation of the second half of the Trifecta and Superfecta combination are the responsibility of the mutuels manager Mutuels Manager at the host site and, where applicable, the hub tote manager. The guest mutuels manager Mutuels Manager must notify the host mutuels manager Mutuels Manager immediately upon the finding of any communications problems complicating the exchange of tickets.
(10) The Tri-Super Jackpot may shall be capped at a level designated by the permitholder. in $1,000 increments but not exceeding the following:
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(a) If at the close of any performance, the amount accumulated in the Tri-Super Jackpot equals or exceeds the designated cap, the Tri-Super jackpot shall be frozen until it is distributed under the provisions of this rule.
(11)(b) If the permitholder offers more than one type of Trifecta and Superfecta combination in a given performance, there shall be separate jackpots for each type of Trifecta and Superfecta combination. However, only one jackpot shall be offered when the permitholder offers one or more corresponding Trifecta and Superfecta combinations in a given performance.
(12)(11) The net Tri-Super pool shall be distributed in the following manner when the jackpot cap has not been reached:
(a) through (c) No change.
(13)(12)(a) If the permitholder does not offer a seed pool, and the jackpot cap has been reached or exceeded, 100 one hundred percent of the net Tri-Super pool will be distributed to the winning wagers of the first half contest following the priorities indicated in subsection (4).
(b) If the permitholder offers a seed pool, the provisions of Rule 61D-7.017, Florida Administrative Code Seed Pools for Jackpot Wagers, shall apply.
(14)(13) The jackpot will be paid only to the ticket holders who correctly selected the Trifecta or Superfecta in the second half of the Trifecta and Superfecta combination unless there is a forced payout or an optional early payout has been designated by the permitholder.
(15)(14)(a) With respect to a forced payout:
(a)(b) A forced payout of the jackpot is required on the last performance;
1. through (b) No change.
(15) The permitholder may provide for an early distribution of the Tri-Super jackpot on a specified date or payout schedule upon prior notification to the division at least 5 days prior to implementation.
(16) through (17)(c)4. No change.
(d) The decision of how the forced payout will be managed under these conditions must be submitted to the division in writing at least three days prior to implementation of such forced payout the meet along with other Jackpot related wagering information on Form DBPR PMW-3520, Notification of Pari-Mutuel Operations, adopted and incorporated by Rule 61D-10.001, Florida Administrative Code.
(18) If for any reason beyond the control of the permitholder the Tri-Super jackpot cannot be awarded as required by this rule, the jackpot shall be deposited in an interest bearing account. The jackpot plus any interest earned shall become part of the Trifecta and Superfecta combination net pool in one of the first five performances of the same permitholders subsequent meet. The permitholder shall notify the division in writing as to the designated performance prior to the beginning of the meet. For pari-mutuel facilities being utilized by more than one pari-mutuel permitholder, the jackpot plus any interest earned shall become part of the Trifecta and Superfecta combination jackpot for the first performance of the other permitholders subsequent meet at that same facility. The permitholder(s) shall notify the division in writing prior to the beginning of the meet as to the designated performance.
(19) through (22) No change.
Rulemaking Specific Authority 550.0251(3), (7), 550.155(1), 550.495(4) FS. Law Implemented 550.0251, 550.155 FS. History New 10-20-96, Amended 9-19-04, 4-12-06,_________.
61D-7.024 Totalisator Requirements.
(1) No change.
(2) Permitholders operating as a remote site for the first time or changing from one remote totalisator server to another shall inform the division in writing not later than three 10 days prior to implementation.
(a) Each totalisator company shall have a the following equipment located and operational at any facility which is a totalisator server or linked as a totalisator remote site:
1. A report printer with adequate backup.
2. A tote control console, and a printer where the console activity is recorded. The console record of activity shall be delivered upon request to the division hub personnel.
3. A voice line and facsimile machine with separate phone line. This equipment shall be accessible to the division hub personnel.
(b) There shall be dedicated data lines linking the remote site to the totalisator serving the remote site. Dedicated lines shall be the primary means of transmitting wagering data from the terminals to the tote. For every two primary lines there shall be no less than one back-up line. However, in the event that only one primary line is needed, there shall be no less than one back-up line. The back-up lines may be dedicated or dial-up lines.
(3) through (d) No change.
(4) Each totalisator system shall be programmed to record, classify, accumulate wagering data, automatically determine winning priorities, perform calculations and provide reports as required in the rules governing pari-mutuel wagering. In addition:
(a) If the totalisator is being used as a hub or the permitholder is conducting intertrack wagering as a guest or host, then the totalisator shall be programmed to comply with the calculation and reporting requirements in the rules governing intertrack wagering.
(b) If the permitholder is maintaining interstate common pools, the totalisator shall be programmed to comply with the calculations and reporting requirements in the rules governing interstate common pools.
(c) Where a remote totalisator server is used, the wagering data and related accounting reports shall be kept logically separate for each pari-mutuel facility linked to the system.
(d) Where a remote totalisator server is also being used as a hub or for For intertrack wagering purposes, the intertrack wagering data and related accounting reports shall be kept logically separate by host, and under no circumstances will the ability of the tote to produce reports for on-track wagering be compromised.
(5) The system shall have primary and back-up processing capabilities. This shall be accomplished by the use of independent circuits, power supplies, computers and central processing units which conduct identical functions.
(6) Each totalisator licensee shall submit to the division not later than three days prior to the beginning of each meet Form DBPR PMW-3610, Totalisator System Checklist, effective___________, adopted herein by reference, which can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035 adopted and incorporated by Rule 61D-10.001, Florida Administrative Code, to the division not later than 10 days prior to the beginning of each meet. If for any reason the information on the checklist changes prior to the beginning of the meet, an updated checklist shall be submitted via facsimile machine not later than 2 days prior to the first performance. In addition to the checklist, the following information shall be provided to the division:
(a) No change.
(b) Not later than 45 days prior to implementation, any plans to introduce new totalisator hardware or software to existing systems affecting the distribution following areas:
1. Distribution of the pools, including prices, payout total, breaks, and takeout.;
2. Reporting requirements, including frequency or content;
3. Built-in accounting and security controls;
4. Requirements on transmission of wagering data, as applicable to intertrack and interstate wagering; and
5. Required peripheral equipment and display devices.
(c) Totalisator companies wishing to introduce new types of totalisator services which are not addressed in Chapter 61D, Florida Administrative Code, shall request, in writing, approval from the division. The request shall include the following:
1. A description of the new type of service;
2. A target date for implementation;
3. Prototype accounting reports; and
4. A description of the applicable accounting controls and procedures.
The division shall approve the request if, upon evaluation of the submitted information, it is determined that the new services conform to requirements in Chapter 550, Florida Statutes, and will not negatively impact the ability of the division to regulate and supervise pari-mutuel wagering activity.
(7) Each permitholder and each totalisator licensee, upon request from the division, shall arrange for an audit of the totalisator system. The test will be performed by the division staff in conjunction with appropriate permitholder and totalisator personnel, and will include procedures to determine if the totalisator system is operating in compliance with pari-mutuel wagering rules and regulations. The audit shall be under the direction and control of division audit personnel. Each totalisator licensee shall notify the division 48 hours in advance of any test other than routine daily procedures or emergency tests to be conducted by the totalisator company. In the case of emergency tests, an appointed division representative shall observe the test and be notified as soon as possible prior to the actual testing.
(8) In the event of a computer, peripheral equipment or data transmission malfunction at any affected site, the totalisator operator shall inform the Mutuels Manager and the division hub personnel promptly of the type of problem, malfunction or error and estimated time of repair.
(a) In the event of malfunctions before a contest begins, the Mutuels Manager may suspend wagering on that contest and declare all wagers refundable. For types of wagers which require more than one contest, the rules governing the type of wager may require a payout based on the finished contests. The refund will apply to guest sites wagering into the common pools of the host totalisator. Any greyhound track maintaining separate pools shall not be affected by the decision to refund. Where interstate wagering is applicable, the pools of the out-of-state guest are subject to the laws and rules of the state where the guest is located.
(7)(b) Once the contest begins, the mutuels manager Mutuels Manager shall not have the option to declare the wagers refundable unless a no contest is declared by the judges or stewards. The permitholder shall be bound by the outcome of the contest as declared official or no contest by the judges or stewards.
(8)(c) Totalisator problems are sufficient cause to cancel contests before they start. However, once the contest has started, it shall not be canceled or declared null or no race solely because of totalisator problems.
(9) Where intertrack or interstate wagering is applicable, any problem or malfunction affecting the transmission of wagering data shall be governed by the emergency procedures in Rule 61D-9.003, Florida Administrative Code.
(10) In the event of a malfunction occurring before the start of a contest which causes a loss of wagering data, the Mutuels Manager may issue a refund of all affected pools if it is determined that the data cannot be recovered. Patrons shall be informed over the public address system.
(9)(11) Within 48 hours of a malfunction, the tote representative and the mutuels manager shall file with the division Form DBPR PMW-3580, Report of System Event or Malfunction, effective_________, adopted herein by reference, which can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035 adopted and incorporated by Rule 61D-10.001, Florida Administrative Code, shall be filed with the division hub personnel by both the tote representatives and the Mutuels Managers involved.
(10)(12) The totalisator licensee shall be responsible for the correctness of the final line of odds and all payout prices posted on the tote boards. If due to errors in programming or other circumstances the payout is incorrect the following shall apply:
(a) Both the incorrect and corrected calculations reports shall be kept as part of the mutuels records and copies of each shall be provided to the division hub personnel.
(b) The If the calculations cannot be corrected as indicated in subsection (14), then the calculations will be done manually by the Mutuels Manager. The Mutuels Manager shall attest to the correctness of the manual calculation. Whenever possible, the incorrect prices shall be deleted and the correct prices entered in the system so as to allow the tote to assign the correct values to the tickets and to display those corrected values to the public. In the event that this cannot be accomplished, the correct manually calculated payout shall be used to pay each winning bettor, unless the Mutuels Manager decides to continue to pay the higher incorrect price on a correct order of finish.
(c) through (d) No change.
(e) With respect to a liability resulting from either an underpayment or overpayment, underpayments and overpayments from distinct and separate pools shall be managed by permitholders within the meet. Underpayments may be used to offset overpayments with the provision that any remaining underpayment at the end of a meet be distributed in a pool approved by the division within the last seven days of a meet. Permitholders shall report all underpayments and overpayments to the division, as well as notify the division when using underpayments to offset overpayments. Adjustments to pools when offsetting must follow the procedures detailed in paragraph 61D-9.003(4)(b) and subsection (7), Florida Administrative Code, and must be supported with documentation.
(f) No change.
(11)(13) Whenever there is a difference in any pool or pools between the price calculation report and the tables of wagers, the amount per table of wagers shall be used in the computation of the payout. Whenever there is a difference between the pool amount reported by different computers, the highest pool amount shall be used in the computation of the payout, unless the higher figure is determined to be unreliable, in which case the Mutuels Manager and totalisator personnel shall determine the correct pool amounts by analysis of the pari-mutuel totalisator reports.
(14) If an error is made in posting the official results or official prices on the totalisator board or display devices it shall be corrected promptly and only the correct winners and amounts shall be used in the payout. If it is impossible to promptly correct the posted winners or prices, a statement shall be made over the public address system stating the facts and information.
(a) The Mutuels Manager may decide to continue to pay a higher incorrect price on a correct order of finish. Any liabilities resulting from a decision to pay higher prices shall be resolved between the permitholder and the totalisator company.
(15) Regardless of the location of the totalisator, each totalisator company and, where applicable, permitholder shall ensure that an uninterruptable power supply (UPS) is available to provide sufficient power to operate the totalisator and related equipment. The UPS must supply a constant level of power to the totalisator system and allow enough time to back up all of the wagering data for the affected performances.
(16) Permitholders housing totalisators operating as either hubs or remote totalisator servers shall not interfere with the normal operations of the hub or remote totalisator servers. Division representatives shall have access to hub or remote totalisator server sites without restriction.
(12)(a) A totalisator system located at a site other than a licensed pari-mutuel facility shall operate under Chapter 550, F.S., Florida Statutes, and the rules and regulations of the F.A.C. Florida Administrative Code pertaining to totalisators.
(13)(17) The totalisator company is responsible for maintaining a current copy of the pari-mutuel rules of the Florida Administrative Code at its Florida facilities. The totalisator company shall appoint its an employee to as a manager or manager designee for each stand alone system, hub system, remote totalisator server, remote totalisator site. The hub site manager, remote totalisator server and system operator shall be under the direction of each host track Mutuels Manager. The system operator shall be under the direction of the Mutuels Manager. There shall be a totalisator operator at each pari-mutuel facility during live performances.
(14)(18) Each totalisator shall maintain an outs file segregated by meet and permitholder and, where applicable, segregated by live and intertrack wagering. The outs file shall include the date, performance, contest, complete ticket identification number, amount wagered, winning combination, and the value for each ticket.
(a) The outs file shall be updated at the end of each performance or operating day and reports as required by this chapter shall be printed and provided to the state hub personnel.
(b) Both the totalisator licensee and the permitholder will be responsible for the integrity of the outs file and shall have documented internal controls to prevent unauthorized access. Such internal controls shall be included in the security description required by subsection 61D-7.021(12), F.A.C. 61D-7.017(12), Florida Administrative Code.
Rulemaking Specific Authority 550.0251(3), (7), 550.155(1), 550.495(4) FS. Law Implemented 550.0251, 550.155, 550.495 FS. HistoryNew 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06,_________.
