Track General Rules, Race General Rules, Performances  

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    DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

    Division of Pari-Mutuel Wagering

    RULE NO.: RULE TITLE:

    61D-2.024: Track General Rules

    61D-2.025: Race General Rules

    61D-2.027: Performances

    NOTICE OF CORRECTION

    Notice is hereby given that the following correction has been made to the proposed rule in Vol. 41 No. 126, June 30, 2015 issue of the Florida Administrative Register.

     

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The agency has determined that these rules, independently, 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 this rule. Three statements of estimated regulatory cost have been prepared by the agency. The agency has determined that these proposed rules are not expected to require legislative ratification based on the statements of estimated regulatory costs. Any person who wishes to provide information regarding the statements 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. Copies of the statements of regulatory costs may be acquired by contacting the division at bryan.barber@myfloridalicense.com or calling (850)717-1761.

     

    61D-2.024:

    The rule is not likely to directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    This rule is not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    The rule is not likely to directly or indirectly increase regulatory costs, including transactional costs, in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    The number of individuals and entities likely to be required to comply with the rule is no individuals and 39 entities, as there are currently 39 entities with pari-mutuel wagering permits issued by the division to conduct pari-mutuel wagering on greyhound or horse races.

    Generally, the types of individuals likely to be affected by the rule are the holders of pari-mutuel wagering permits issued by the division to conduct pari-mutuel wagering on greyhound or horse races.

    The department will not incur costs for implementing or enforcing the proposed rule.

    State or local governments will not incur costs for implementing or enforcing the proposed rule.

    There is likely to be no increase in transactional costs incurred by individuals and entities, including local government entities, required to comply with the requirements of the proposed rule.

    There will be no impact on small businesses as a result of this rule.

    There will be no impact on small counties or small cities as a result of this rule.

    There is no additional information that the agency has determined may be useful.

             The proposed alternative rule would permit quarter horse racing to include barrel and flag drop racing at qualified permitholders’ facilities, would permit qualified permitholders to conduct live races without pari-mutuel wagering where the cost to regulate pari-mutuel wagering on the races exceeds the revenue generated by live races at the permitholder’s facility, and would permit qualified permitholders to request minor changes to racing dates. The division rejected this proposed alternative rule in favor of the proposed rule as barrel and flag drop racing are not contemplated by statute, because the proposed alternative rule does not provide the same authenticity and reliability to the betting public, and because the proposed alternative rule does not offer the same level of protection to the racing horses and participants. 

     

    61D-2.025:

    The rule is not likely to directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    This rule is not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    The rule is not likely to directly or indirectly increase regulatory costs, including transactional costs, in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    The number of individuals and entities likely to be required to comply with the rule is no individuals and 39 entities, as there are currently 39 entities with pari-mutuel wagering permits issued by the division to conduct pari-mutuel wagering on greyhound or horse races.

    Generally, the types of individuals likely to be affected by the rule are the holders of pari-mutuel wagering permits issued by the division to conduct pari-mutuel wagering on greyhound or horse races.

    The department will not incur costs for implementing or enforcing the proposed rule.

    State or local governments will not incur costs for implementing or enforcing the proposed rule.

    There is likely to be minimal or no increase in transactional costs incurred by individuals and entities, including local government entities, required to comply with the requirements of subsections (1), (3), (4), (5), (6), (7), and (8) of the proposed rule. There is likely to be an approximately $63,000 increase in transactional costs incurred by individuals and entities, including local government entities, required to comply with the requirements of subsection (2) of the proposed rule.

    There will be no impact on small businesses as a result of this rule.

    There will be no impact on small counties or small cities as a result of this rule.

    There is no additional information that the agency has determined may be useful.

    The proposed alternative rule would permit quarter horse racing to include barrel and flag drop racing at qualified permitholders’ facilities, would permit qualified permitholders to conduct live races without pari-mutuel wagering where the cost to regulate pari-mutuel wagering on the races exceeds the revenue generated by live races at the permitholder’s facility, and would permit qualified permitholders to request minor changes to racing dates. The division rejected this proposed alternative rule in favor of the proposed rule as barrel and flag drop racing are not contemplated by statute, because the proposed alternative rule does not provide the same authenticity and reliability to the betting public, and because the proposed alternative rule does not offer the same level of protection to the racing horses and participants. 

     

    61D-2.027:

    The rule is not likely to directly or indirectly have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    This rule is not likely to directly or indirectly have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    The rule is not likely to directly or indirectly increase regulatory costs, including transactional costs, in excess of $1 million in the aggregate within 5 years after implementation of the rule.

    The number of individuals and entities likely to be required to comply with the rule is no individuals and 50 entities, as there are currently 39 entities with pari-mutuel wagering permits issued by the division to conduct pari-mutuel wagering on greyhound or horse races and 11 entities with pari-mutuel wagering permits issued by the division to conduct jai alai.

    Generally, the types of individuals likely to be affected by the rule are the holders of pari-mutuel wagering permits issued by the division to conduct pari-mutuel wagering on greyhound or horse races and the holders of pari-mutuel wagering permits issued by the division to conduct jai alai.

    The department will not incur costs for implementing or enforcing the proposed rule.

    State or local governments will not incur costs for implementing or enforcing the proposed rule.

    There is likely to be minimal or no increase in transactional costs incurred by individuals and entities, including local government entities, required to comply with the requirements of the proposed rule.

    There will be no impact on small businesses as a result of this rule.

    There will be no impact on small counties or small cities as a result of this rule.

    There is no additional information that the agency has determined may be useful.

    The proposed alternative rule would permit quarter horse racing to include barrel and flag drop racing at qualified permitholders’ facilities, would permit qualified permitholders to conduct live races without pari-mutuel wagering where the cost to regulate pari-mutuel wagering on the races exceeds the revenue generated by live races at the permitholder’s facility, and would permit qualified permitholders to request minor changes to racing dates. The division rejected this proposed alternative rule in favor of the proposed rule as barrel and flag drop racing are not contemplated by statute, because the proposed alternative rule does not provide the same authenticity and reliability to the betting public, and because the proposed alternative rule does not offer the same level of protection to the racing horses and participants. 

    This correction does not affect the substance of the rule as it appeared in the Florida Administrative Register as outlined above.