The purpose and effect of the proposed rule is to clarify language used in regulating interstate and intertrack broadcasts.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NO.:RULE TITLE:

61D-9.001Interstate and Intertrack Broadcasts

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to clarify language used in regulating interstate and intertrack broadcasts.

SUMMARY: This proposed rule amendment defines the term “racing meet” as that term relates to simulcasts.

OTHER RULES INCORPORATING THIS RULE: Rule 61D-9.005 incorporates Rule 61D-9.001.

EFFECT ON THOSE OTHER RULES: Rule 61D-9.001 has no effect on Rule 61D-9.005.

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), 550.125(2)(b), 550.155(1), 550.2625(2)(d), 550.3551(10), 550.495(4), 550.6305(5) FS.

LAW IMPLEMENTED: 550.0251, 550.125, 550.155, 550.2625, 550.3551, 550.495, 550.615, 550.625, 550.6305 FS.

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

DATE AND TIME: November 7, 2013, 9:00 a.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 [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-9.001 Interstate and Intertrack Broadcasts.

(1)(a) through (9) No change.

(10) For the purposes of thoroughbred and quarter horse race permitholders receiving out-of-state broadcasts, the term “racing meet” means:

(a) Any day the permitholder is conducting on track live racing at the permitted facility in compliance with Section 550.3551(6), F.S.; or

(b) All days within a series of consecutive weeks where, within every seven-day period, the permitholder conducts at least two days of on track live racing at the permitted facility in compliance with Section 550.3551(6), F.S. However, no racing meet shall commence prior to the first day of on track live racing at the permitted facility nor extend beyond the last day of on track live racing at the permitted facility as reflected on the permitholder’s annual racing license.

Rulemaking Specific Authority 550.0251(3), (7), 550.125(2)(b), 550.155(1), 550.2625(2)(d), 550.3551(10), 550.495(4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.2625, 550.3551, 550.495, 550.615, 550.625, 550.6305 FS. History–New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Amended ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Leon M. Biegalski, Director, Division of Pari-Mutuel Wagering

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 13, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 7, 2013