The purpose and effect of the proposed rules are as follows: to provide for uniform rules for the control, supervision, and direction of all applicants, permittees, and licensees for the holding, conducting, and operating of all race tracks, race ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NOS.:RULE TITLES:

61D-2.024Track General Rules

61D-2.025Race General Rules

61D-2.026Jai Alai Game General Rules

61D-2.027Performances

61D-2.028Jockey Requirements

61D-2.0281Sulky Driver Requirements

61D-2.029Qualifications of Horses to Start

PURPOSE AND EFFECT: The purpose and effect of the proposed rules are as follows: to provide for uniform rules for the control, supervision, and direction of all applicants, permittees, and licensees for the holding, conducting, and operating of all race tracks, race meets and races held in this state; to provide rules for the requirements for specified pari-mutuel wagering occupational licenses; to provide reasonable rules for racing and jai alai events upon which tickets or other evidences of contribution to a pari-mutuel pool are offered for wagering; to provide rules for the welfare of racing animals; and to provide rules related to totalisator licenses and the commingling of pari-mutuel pools upon which intertrack and simulcast wagering is conducted.

SUMMARY: The subject areas to be addressed by these rules are general racing requirements, general jai alai game requirements, performances, jockey requirements, sulky driver requirements and qualifications for horses to start.

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.

A SERC is not required based on the review completed by the Division.

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) FS.

LAW IMPLEMENTED: 550.0251 FS.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: July 20, 2015, 9:00 a.m.

PLACE: Department of Business and Professional Regulation, Northwood Centre Board Room, 1940 North Monroe St., Tallahassee, FL 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 3 days before the workshop/meeting by contacting: Bryan Barber, [e-mail], [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: Bryan Barber, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61D-2.024 Track General Rules.

(1) The permitholder shall notify the division in writing within three days of any changes to track dimensions or design.

(2) All racing permitholders shall maintain their track surfaces in a safe condition by removing all hazards that could harm a racing animal on any live performance day in accordance with its annual operating license or when the track is utlilized for training.

(3) All quarter horse and thoroughbred tracks shall have an inner rail and an outer rail. Both rails shall be designed to collapse or break away when a contestant bumps, lunges or falls into the rail during normal training or racing. For turf courses, one of the rails may be moveable in order to maintain turf surface quality.

(4) All greyhound tracks shall have an inner rail and all harness tracks shall have an outer rail.

(5) A race track shall not require the racing animal to change its course in response to any obstacles on the racing surface during the race.

(6) All race tracks shall include a secure area for wagering and a live viewing location for the pari-mutuel activity.

Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.0251, 550.2415 FS. History–New __________.

 

61D-2.025 Race General Rules.

(1) Each race must have at least six entrants with a minimum of  two contestants.

(2) Each race, with the exception of a harness race and a steeplechase race, must start by use of a box or gate.

(3) Each greyhound race:

(a) Must be conducted on a track that is at least 1,100 feet in length and at least 17 feet in width, inclusive of the chute; and

(b) Must not be shorter than  990 feet in length.

(4) Each quarter horse or any statutorily authorized substitute breed race other than thoroughbred conducted under a quarter horse permit:

(a) Must be conducted on a track that is at least 1,300 feet in length and at least 60  feet in width, inclusive of the chute; and

(b) Must not be shorter than 330 feet in length.

(5) Each thoroughbred race:

(a) Must be conducted on a track that is at least 4,000 feet in length and at least 60 feet in width, inclusive of the chute; and

(b) Must not be shorter than 3,200 feet in length.

(6) Each harness race:

(a) Must start by use of a rolling gate;

(b) Must be conducted on a track that is at least 3,300 feet in length and at least 80 feet in width; and

(c) Must not be shorter than 3,300 feet in length.

(7) All racing contestants must compete simultaneously on a common track with a common start and finish line.

(8) Any race that does not meet the requirements of this rule shall exclude the race from being counted as part of a performance.

(9) Horse races must be recorded by at least three video cameras.

(a) Cameras must be located to provide clear panoramic and head-on views of each race. Separate monitors, which simultaneously display the images received from each camera and are capable of simultaneously displaying a synchronized view of the recordings of each race for review, shall be provided in the stewards' stand.

(b) Recordings of each race shall be maintained by the permitholder for at least six months from the last day of live racing as indicated by the annual operating license.

(c) Copies of race recording must be provided to the division upon request.

Rulemaking Authority 550.0251(3), 550.2415(12) FS. Law Implemented 550.235, 550.0251, 550.2415 FS. History–New __________.

 

61D-2.026 Jai Alai Game General Rules.

(1) No person under 18 years of age shall be licensed by the division as a jai alai player.

(2) The permitholder shall notify the division in writing within three days of any changes to court dimensions or design.

(3) Jai alai permitholders shall maintain their court surfaces in a safe condition by removing all hazards that could harm a player on any live performance day in accordance with its annual operating license or when the court is utilized for practice.

(4) Jai alai games must be conducted on an indoor, three-walled court meeting the following requirements:

(a) The side wall must be at least 175 feet long and at least 35 feet in height;

(b) The front wall and back wall must be at least 35 feet in width and height;

(c) The front wall must be made of granite, and the other two walls and floor must be made of granite or gunite; and

(d) The fronton enclosure must be at least 20,000 square feet.

(5) Each jai alai game must be played to a minimum of seven points.

(6) Jai alai permitholders must utilize a rotational system of at least eight different players or teams.

(7) Jai alai player occupational license applicants must submit proof of 20 professional or amateur performances in order to demonstrate player competency.

(8) Any jai alai game that does not meet the requirements of this rule shall exclude the game from being counted as part of a performance.

Rulemaking Authority 550.0251(3), 550.105(3), (10)(a) FS. Law Implemented 550.0251, 550.105, 550.70 FS. History–New __________.

 

61D-2.027 Performances.

(1) Permitholders may not conduct more than two performances during one operating day.

(2) Performances shall consist of a minimum of 8 races or games.

(3) A performance may not begin within 15 minutes from the end of the previous performance.

(4) A matinee performance shall not begin after 6:00 p.m. and evening performance shall not begin before 6:00 p.m.

(5) Each performance shall have a separation of race numbers and performance numbers in the totalisator system.

(6) Each performance shall have a separate racing or game program. Same day performances may be separated within a single program,

Rulemaking Authority 550.0251(3), 550.155(1), 550.3551(10), 550.495, 550.6305 FS. Law Implemented 550.0251, 550.155, 550.3551, 550.495, 550.6305 FS. History–New __________.

 

61D-2.028 Jockey Requirements.

(1) No person under 18 years of age shall be licensed by the division as a jockey.

(2) A new applicant shall show competence to the stewards by the demonstration of riding ability. The demonstration of riding ability is defined at a minimum as:

(a) Breaking with a horse in company from the starting gate;

(b) Working a horse in company around the turn and down the stretch;

(c) Switching the riding crop from one hand to the other while maintaining control of the horse in a stretch drive; and

(d) Causing a horse to switch leads coming out of the turn.

(3) The applicant shall submit written verification with their application from a majority of the stewards confirming compliance with paragraphs (2)(a) through (d) above.

(4) A jockey may be an owner, lessee or trainer of a horse competing in the race where the jockey is competing; provided that the jockey is riding his/her owned or leased horse in the race.  Under no circumstances shall a jockey that is an owner, lessee or trainer of a horse in a race ride a horse other than a horse he/she owns or leases in that race.

(5) Each horse permitholder shall establish a scale of weights for jockeys to carry during a race which shall be published in the race program; however, the permitholder will not allow a horse to carry a total weight to exceed 135 pounds.

(6) Each permitholder shall maintain a copy of an affirmation of passed physical examination given within the previous twelve months by a licensed physician affirming fitness to participate as a jockey. The stewards may require that any jockey be reexamined and may refuse to allow any jockey to ride pending completion of such examination.

(7) During the conduct of a pari-mutuel race, each jockey shall wear unique racing colors and white pants registered with the racing secretary. The stewards may authorize a temporary substitution of racing colors when necessary.

(8) The racing colors to be worn by each jockey in a race shall be described in the program, and any change shall be announced prior to the start of the race.

(9) Jockeys and exercise riders must wear a properly secured protective helmet, vest, and boots which have been specifically designed for horse racing when riding in races or when exercising horses.

Rulemaking Authority 550.0251(3), 550.105(3), (10)(a), 550.2415(12) FS. Law Implemented 550.0251, 550.0425, 550.105, 550.2415 FS.History–New __________.

 

61D-2.0281 Sulky Driver Requirements.

(1) No person under 18 years of age shall be licensed by the division as a driver.

(2) Each driver must hold and maintain a valid and current driver’s license issued by the United States Trotting Association.

(3) A driver may be an owner, lessee or trainer of a horse competing in the race where the driver is driving; provided that the driver is driving his/her owned or leased horse in the race.  Under no circumstances shall a driver that is an owner, lessee or trainer of a horse in a race drive a horse other than a horse he/she owns or leases in that race.  

(4) Each permitholder shall maintain a copy of an affirmation of passed physical examination given within the previous twelve months by a licensed physician affirming fitness to participate as a driver. The stewards may require that any driver be reexamined and may refuse to allow any driver to ride pending completion of such examination.

(5) During the conduct of a pari-mutuel race, each driver shall wear unique racing colors and white pants registered with the racing secretary. The stewards may authorize a temporary substitution of racing colors when necessary.

(6) The racing colors to be worn by each driver in a race shall be described in the program, and any change shall be announced prior to the start of the race.

(7) Drivers must wear a properly secured protective helmet, vest, and boots which have been specifically designed for horse racing when riding in races or when exercising horses.

Rulemaking Authority 550.0251(3), 550.105(3), (10)(a), 550.2415(12)  FS. Law Implemented 550.0251, 550.0425, 550.105, 550.2415 FS.History–New __________.

 

61D-2.029 Qualifications of Horses to Start.

Before a horse is permitted to start, the racing secretary shall ensure that at least three published past performances, whether in races or workouts, are available to enable the public to make a reasonable assessment of the horse's capabilities. At least one published performance must be from within 45 days of that race.

Rulemaking Authority 550.0251(3) FS. Law Implemented 550.0251 FS. History–New __________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jonathan Zachem, Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 29, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 30, 2015