The purpose and effect of the proposed rule amendments is 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,...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NOS.:RULE TITLES:

61D-4.004Application for Annual Racing License

61D-4.005Annual Notification of Permitholder Ownership Interest

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is 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 applications for a new pari-mutuel wagering permit; to provide rules for the requirements for applying for an annual pari-mutuel license or an amendment of an annual pari-mutuel license.

SUMMARY: The proposed rule amendments provide guidelines for approval of operating licenses and amending operating dates.

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), 550.1815(5) FS.

LAW IMPLEMENTED: 550.054(12) 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 Boardroom, 1940 North Monroe Street Tallahassee, FL 32399

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bryan Barber, [e-mail], [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61D-4.004 Application for Annual Racing License and Operating Dates.

(1) Any permitholder authorized to submit an application for an annual license to conduct races or games pursuant to Section 550.0115, F.S., shall make such application to the division on Form DBPR PMW-3060, Permitholder Application for Annual License and Operating Dates; https://www.flrules.org/gateway/reference.asp?NO=Ref-________ 01556, either Form DBPR PMW-3105, Surety Bond for Florida Pari-Mutuel Wagering, or provide continuation certificate; Form DBPR PMW-3080, Permitholder Calendar; https://www.flrules.org/gateway/reference.asp?NO=Ref-_______ 01557, and Form DBPR PMW-3190, Officers and Directors; https://www.flrules.org/gateway/reference.asp?NO=Ref-______ 01558, all of which are effective ______ 9-12-12 and adopted herein by reference. The forms 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 32399-1037. The required forms shall be submitted during the period between December 15 and January 4 for performances to be conducted during the next state fiscal year.

(2) Any permitholder authorized to submit an application for an amendment to the annual license to conduct races or games pursuant to Section 550.01215, F.S., shall make such application to the division on Form DBPR PMW-3060, Permitholder Application for License and Operating Dates; Form DBPR PMW-3080, Permitholder Calendar; and Form DBPR PMW-3190, Officers and Directors; adopted by reference in subsection (1) above.

(3) Once the annual operating license is issued, a minor amendment is an amendment to the license representing no more than 49 percent of the total performances from the current year’s initial license. Adding or deleting the date of a scheduled performance will be calculated in the 49 percent maximum. If more than one amendment is requested on the same operating license, the requests will be aggregated to determine the 49 percent maximum.

(4)(2) Any request to amend racing dates submitted to the division shall include documentation from operating permitholders located within 50 miles of the applicant indicating whether they object to the issuance of an amended license.

(5) Objections from operating permit holders must include an estimated fiscal impact with supporting data regarding impacts on handle and revenue.

Rulemaking Authority 550.0251(2), 550.0251(3), 550.01215(2) FS. Law Implemented 550.0115, 550.01215, 550.5251, 559.79 FS. History–New 3-4-07, Amended 9-12-12,___________.

 

61D-4.005 Annual Notification of Permitholder Ownership Interest.

Every permitholder shall, within 45 days of the effective date of this rule and on or before July 31 of each year, submit to the division written notification of the following:

(1) If a corporation:

(a) The names, addresses, number of shares, and percentage of total shares of any shareholder holding five percent or more equity at the time of the first day of the previous fiscal year;

(b) A ledger that reflects ownership transfers of five percent or more of the stock for all times during the previous fiscal year; and

(c) The names, addresses, number of shares, and percentage of total shares of any shareholder holding five percent or more equity on the last day of the previous fiscal year.

(2) If a business entity other than a corporation:

(a) The names, addresses, and amount of ownership equity of any principals, partners, or shareholders holding five percent or more equity at the time of the first day of that fiscal year;

(b) A ledger that reflects ownership transfers of five percent or more equity of any principals, partners, or shareholders for all times during the previous fiscal year; and

(c) The names, addresses, and amount of ownership equity of any principals, partners, or shareholders holding five percent or more equity at the time of the last day of the previous fiscal year.

Rulemaking Authority 550.0251(3), 550.1815(5) FS. Law Implemented 550.054(12) 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: 06/29/2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 6/30/2015