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

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

RULE NO: RULE TITLE
61D-14.079: Resolution of Jackpot Disputes
PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to implement and interpret Florida Statutes that relate to rules regulating the conduct of slot machine operations at pari-mutuel racing facilities.
SUMMARY: The new rule specifies allowances and requirements for resolution of jackpot disputes above and below $25,000 at a slot machine gaming facility.
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: 551.103(1), 551.122 FS.
LAW IMPLEMENTED: 551.103(1)(c), (d), (e), (i) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m.
PLACE: Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 West Commercial Blvd., Suite 195, Ft. Lauderdale, Florida 33309
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-14.079 Resolution of Jackpot Disputes.

(1) A slot machine licensee’s internal controls, required pursuant to Rule 61D-14.058, F.A.C., shall include written procedures outlining how the slot machine licensee shall resolve jackpot disputes.

(2) A patron shall report a jackpot dispute to the slot machine licensee responsible for the operation and management of the slot machine licensed facility.

(3) Whenever a patron reports a jackpot dispute, the following shall occur:

(a) In those instances in which the jackpot amount is $25,000 or more, the slot machine licensee shall resolve the dispute pursuant to its internal controls and immediately:

1. Notify the Office of Slot Operations, Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 West Commercial Boulevard, Suite 165, Ft. Lauderdale, Florida 33309-3787, of the jackpot dispute and that the slot machine licensee is preserving evidence to resolve the jackpot dispute which evidence shall include:

a. Surveillance information of the designated slot machine;

b. Records for the designated slot machine;

c. Facility based monitoring system records, and

d. Witness statements.

2. Notify the surveillance department to provide surveillance recordings made at the time of the jackpot and subsequent jackpot dispute for the slot machine area involved in the jackpot dispute;

3. Notify an independent testing laboratory licensed by the State of Florida of the jackpot dispute and make arrangements for analysis and assessment of the slot machine and slot machine game in question;

4. Seal the slot machine and remove it from play until the dispute is resolved;

5. Obtain witness statements regarding the dispute; and

6. Establish an investigation file for the dispute.

(b) In those instances in which the jackpot dispute is less than $25,000, the licensee shall resolve the jackpot dispute according to its approved internal controls.

(4) The licensee shall maintain all dispute resolution files for division review and retain the files pursuant to Rule 61D-14.080, F.A.C.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (i) FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: David J. Roberts, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W. Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 5, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 16, 2007