The purpose of this rule amendment is to update licensure application forms and rule language with the goals of streamlining the cardroom occupational licensing process, clarifying all requirements for the same, and providing applicants and ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Pari-Mutuel Wagering

RULE NOS.:RULE TITLES:

61D-11.001Definitions

61D-11.008Cardroom Business Occupational License

61D-11.009Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination License

61D-11.0101Temporary Cardroom Occupational License

PURPOSE AND EFFECT: The purpose of this rule amendment is to update licensure application forms and rule language with the goals of streamlining the cardroom occupational licensing process, clarifying all requirements for the same, and providing applicants and licensees additional notice regarding how to challenge FBI criminal history records.

SUMMARY: Cardroom Occupational License Applications.

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 economic review conducted by the Agency.

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, 550.105(2)(b),(10)(a), 551.107(2)(b), FS.

LAW IMPLEMENTED: 551.103(1), 551.104(4), (10), 551.1045, 551.106(1), 551.107, 551.108, 551.118, 559.79, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Bryan Barber, Division of Pari-Mutuel Wagering, [e-mail], 2601 Blair Stone Rd., Tallahassee, FL 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS

 

61D-11.001 Definitions.

(1) “Activity related to cardroom operations” or “cardroom activity” means:

(a) Includes any and all activities related to the operation of the cardroom, including activities that require a person to come in contact with or work within the cardroom gaming area, Aall aspects of cardroom management, all aspects of record keeping, all aspects of administration, all aspects of supervision, all aspects of cardroom play, and all activities that support card playing or games of dominoes; and the cardroom operation in any way, unless such activity is specifically excluded from this definition.

(b) The collection, counting and exchange of bets and revenue associated with card playing or games of dominoes. Does not include the following:

1. Incidental transit through the cardroom gaming area during which time the individual in no way:

a. Comes into contact with cardroom furnishings, table tops, patrons or patrons’ property, lockboxes or similar secured items, surveillance equipment or associated support equipment, surrounding structure for any incidental duty that enables in any way unrestricted access to the above-listed items, or

b. Takes part in, officiates, or observes cardroom activity.

2. Incidental maintenance work performed under the direct and constant visual supervision of an individual possessing a current cardroom or pari-mutuel/cardroom combination license, or

3. Food service employees who perform duties that do not at any time require the employee’s presence within the cardroom area.

4. Promotional support employees who participate in a limited event but do not:

a. Influence the operations of the cardroom, or

b. Come in contact with money, chips, cards, or dominoes held by the house or other participants in the tournament, or

c. Work in the cardroom for more than 10 days per event and not more than two events in a state fiscal year.

Such promotional support employees are not prohibited from participating as players in a tournament.

(2) through (40) No change.

PROPOSED EFFECTIVE DATE:  September 1, 2020

Rulemaking Authority 550.0251(12), 849.086(4), (11) FS. Law Implemented 849.086 FS. History–New 1-7-97, Amended 5-9-04, 9-7-08, 7-21-14, 1-2-18,                 .

 

61D-11.008 Cardroom Business Occupational License.

(1) As part of the initial application or renewal for a cardroom business occupational license provided in Section 849.086, F.S., an applicant shall submit the following:

(a) To apply for an initial cardroom business license, Aa complete Form DBPR PMW-3130, Business Occupational License Application, incorporated adopted by reference in Rule 61D-5.001, F.A.C., which can be obtained at www.myfloridalicense.com/dbpr/pmw, or by contactong the Department of Bisiness and Professional Regulation at 2601 Blair Stone Road, Tallahassee, FL 32399-1035.

(b) To renew a cardroom business license, a complete Form DBPR PMW-3135, Business Occupational License Renewal Application, adopted by reference in Rule 61D-5.001, F.A.C., which can be obtained at www.myfloridalicense.com/dbpr/pmw, or by contacting the Department of Business and Professional Regulation at 2601 Blair Stone Road, Tallahassee, Florida 32399-1035;

(b)(c) The $500.00 licensing fee for a three-year license. ; and;

(c)(d) A complete set of fingerprints and the fingerprint fee for each officer, director and manager. Also, a complete set of fingerprints and the fingerprint fee for each shareholder and/or equity holder holding 10 percent or more interest in the business. The complete set of fingerprints and the fingerprint fee submitted must comply with the following: A complete set of fingerprints for each officer, director, and shareholder holding 10 percent or more interest in the cardroom business on an applicant fingerprint card or via a live scan device, and the fingerprint processing fees as established by the Florida Department of Law Enforcement and the Federal Bureau of Investigation, upon initial application, and every three years thereafter.

1. Each set of fingerprints must be submitted to the division either on an FD-258 fingerprint card or via a livescan device. Each applicant sending fingerprints via a livescan device must provide the Florida Department of Law Enforcement (FDLE) approved livescan service provider the correct Originating Agency Identifier (ORI) number, which is FL920630Z, in order for the division to receive his or her fingerprint results.  Applicants timely renewing their license, whose fingerprints have been retained by FDLE, shall not be required to submit a complete set of fingerprints.

2. For each set of fingerprints submitted via livescan device, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the livescan service provider.  For each set of fingerprints submitted on an FD-258 fingerprint card or retained by FDLE, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the division.

(d) All individuals identified in subsection (1)(c) above shall complete a Form DBPR PMW-3140, Disclosure for Individuals Related to a Business, effective (Month Year), incorporated herein by reference https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and which can be obtained at http://www.myfloridalicense.com/DBPR/pari-mutuel-wagering/ or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

(2) A Cardroom Business Occupational License applicant is subject to denial of its initial or renewal application as outlined in Sections 550.105 and 849.086, F.S., based on the disqualifying criminal convictions, civil judgments or discipline history in Florida or other racing jurisdictions of the business entity or the individuals associated with the applicant identified in subsection (1)(c). A business applicant who is subject to denial of its business application may seek a waiver from the Division Director. A request for waiver of any disqualifying factors in an application that would otherwise be grounds for denial of a license application shall be made on Form DBPR PMW-3180, Request for Waiver, incorporated by reference in Rule 61D-5.001, F.A.C.

(3) All individuals associated with an applicant for a Cardroom Business Occupational License who require access to the cardroom shall be required to hold a valid Cardroom Employee Occupational License issued by the division. Individuals who hold a valid Cardroom Employee Occupational License issued by the division shall not be required to provide a form DBPR PMW-3140 or resubmit fingerprints as part of an initial or renewal application for a Cardroom Business Occupational License.

(4)(2) A business entity may not be issued or possess a cardroom business occupational license in this state if the corporation, partnership, or business entity, or applicant for or holder of the business entity license has been convicted of a felony or misdemeanor involving forgery, larceny, extortion, or conspiracy to defraud, or filing false reports to a government agency, racing or gaming official in this state or any other state or under the laws of the United States; or a felony or misdemeanor set forth in Section 550.105, F.S.

(5)(3) Sworn Florida Law Enforcement officers are exempt from the fingerprint requirement in subsection (1)(c) above.

(6)(4) Cardroom Bbusiness Ooccupational Llicenses issued and renewed pursuant to Section 849.086, F.S., shall have an effective date of July 1st and shall be valid for a period of three state fiscal years. A license granted pursuant to an aApplications for a cardroom business occupational license shall be submitted between May 1st and June 30th shall have an effective date of for the license period beginning July 1st of the next state fiscal year. A license granted pursuant to an aApplications received outside of this period shall have an effective date beginning July 1st of the same state fiscal year in which the application was received.

(7) All licensing and fingerprint fees are nonrefundable, except in situations where the applicant was charged in error or the applicant withdraws the application before processing begins.

(8) During the three year term of a valid occupational license issued by the division, a business may require another type of occupational license for any reason, such as a change in the goods and services the business provides or offers.  From the date an occupational license is granted until May 1 of the year in which the license expires, a licensee may request to upgrade the valid occupational license they hold to another occupational license type to which the division allows an upgrade. 

(a) A Cardroom Business Occupational Licensee may request to upgrade their existing license to a Slot Business Occupational License.

(b) In order to request an upgrade of the valid occupational license held by a business the licensee must submit the following to the division:

1. A request to update the existing occupational license on Form DBPR PMW-3450, License Upgrade Application, incorporated by reference in Rule 61D-14.005, F.A.C.

2. The difference in the license fee, if any, between the occupational license held by the licensee and the license type to which the licensee is requesting to upgrade. A Cardroom Business Occupational Licensee must pay the $1,500.00 difference to upgrade their license to a Slot Business Occupational License.

3. Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, incorporated by reference in Rule 61D-14.006 F.A.C.

(c) All upgrade applicants shall provide the division with the fingerprint resubmission fee established by FDLE and the Federal Bureau of Investigation. An application for a license upgrade shall be granted or denied according to the specific licensure requirements of the license for which an applicant has applied to upgrade pursuant to Chapters 550, 551 and/or Section 849.086, F.S., and pursuant to the licensing requirements of Section 120.60, F.S. 

(d) A license issued by the division pursuant a license upgrade request shall have the following effect:

1. The license held by the applicant prior to the license upgrade request shall no longer be effective and shall be deemed void on the date the division grants the upgraded license.

2. The license to which the applicant requested to upgrade shall be valid on the date the division grants the license and shall expire on the same date as the license from which the applicant upgraded expired.

(9) A license application shall lapse and no longer be processed by the division, if the applicant fails to provide the division with a complete application within 120 days of a notice issued by the division pursuant to Section 120.60(1), F.S. A person with a lapsed license application shall not be eligible to participate in activities that require an occupational license. An applicant seeking a cardroom occupational license as an initial or renewal applicant following the lapse of their previous license application shall be required to reapply by submitting all materials and fees required in subsections (1) or (8) above. 

(10) Any business whose occupational license has expired and who seeks a subsequent occupational license:

(a) Within one year of the expiration of the license, shall be considered an applicant for renewal of that license.

(b) Longer than one year after expiration of the license shall be considered an initial applicant for an occupational license.

PROPOSED EFFECTIVE DATE: September 1, 2020

Rulemaking Authority 550.0251(12), 550.105(2)(b), (10)(a),  551.107(2)(b), 849.086(4)(a), (6)(d), (f), FS. Law Implemented 550.0251, 550.105, 551.107, 559.79, 849.086(6), FS. History–New 1-7-97, Amended 5-9-04, 4-12-06, 9-7-08, 7-21-14, ___________.

 

61D-11.009 Cardroom Employee Occupational License and Pari-Mutuel/Cardroom Combination License.

(1) Food service personnel, maintenance personnel, security personnel, mutuels teller personnel, and permitholder management who possess a current pari-mutuel license and who wish to conduct any activity related to cardroom operations or conduct cardroom activities within the cardroom area for any purpose shall notify the division by completing and submitting Form DBPR PMW-3170, License Upgrade Application, adopted by reference in Rule 61D-5.001, F.A.C., which can be obtained at www.myfloridalicense.com/dbpr/pmw, or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399. Upon receipt, the division shall provide a new copy of the licensee’s current license to the licensee, indicating the license is sufficient for both the pari-mutuel and cardroom operations.

(1)(2) A person employed or otherwise working in a cardroom as a cardroom manager, floor supervisor, brush, chip counter, sorter, poker room host/hostess, surveillance operator, cashier, dealer, or any other activity related to cardroom operations while the facility is conducting card playing or games of dominoes must Food service personnel, maintenance personnel, security personnel, mutuels teller personnel, and permitholder management who do not possess a current pari-mutuel license and who wish to conduct any activity related to cardroom operations or conduct cardroom activities within the cardroom area for any purpose shall apply for or renew a cardroom occupational license by completing and submitting the following:

(a) A complete Form DBPR PMW-3120, Individual Occupational License Application, incorporated adopted by reference in Rule 61D-5.001, F.A.C., which can be obtained at www.dbpr.state.fl.us/pari-mutuel-wagering/ www.myfloridalicense.com/dbpr/pmw, or by contacting the Department of Business and Professional Regulation at 2601 Blair Stone Road, Tallahassee, Florida 32399-1035.

(b) A complete set of fingerprints and the fingerprint fee:

1. Each set of fingerprints must be submitted to the division either on an FD-258 fingerprint card or via a livescan device. Each applicant sending fingerprints via a livescan device must provide the Florida Department of Law Enforcement (FDLE) approved livescan service provider the correct Originating Agency Identifier (ORI) number, which is FL920630Z, in order for the division to receive his or her fingerprint results.  Applicants timely renewing their license, whose fingerprints have been retained by FDLE, shall not be required to submit a complete set of fingerprints.

2. For each set of fingerprints submitted via livescan device, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the livescan service provider as part of the initial or renewal application. For each set of fingerprints submitted on an FD-258 fingerprint card or retained by FDLE, the appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the division.

A complete set of fingerprints on an applicant fingerprint card or via a live scan device, and the fingerprint processing fee as established by the Florida Department of Law Enforcement and the Federal Bureau of Investigation, upon initial application and every three years thereafter;

(c) The cardroom employee occupational license fee, unless qualified pursuant to Sections 205.171 and 1.01, F.S., of:

1. $100.00 $120.00 for a three-year cardroom employee occupational license. ;

2. $80.00 for a three-year pari-mutuel/cardroom supervisor combination license, or

3. $15.00 for a three-year pari-mutuel/cardroom employee combination license.

(2)(3) Sworn Florida Law Enforcement officers are exempt from the fingerprint requirement of subsection (1)(b) above.

(3)(4) All occupational and fingerprint fees are nonrefundable, except in situations where the applicant was charged in error or the applicant withdraws the application before processing begins.

(4)(5) Request for wWaiver of any disqualifying factors in an application that would otherwise be grounds for denial of disapproving the license application shall be made on Form DBPR PMW-3180, Request for Waiver, incorporated adopted by reference in Rule 61D-5.001, F.A.C., which can be obtained at www.myfloridalicense.com/dbpr/pmw, or by contacting the Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399.

(5)(6) Cardroom Eemployee Ooccupational Llicenses and pari-mutuel/cardroom combination licenses issued and renewed pursuant to Section 849.086, F.S., shall have an effective date of July 1st and shall be valid for a period of three state fiscal years. A license granted pursuant to an aApplications for a an initial Ccardroom Eemployee Occupational License and pari-mutuel/cardroom combination license shall be submitted between May 1st and June 30th shall have an effective date of for the license period beginning July 1st of the next state fiscal year. A license granted pursuant to an aApplications received outside of this period shall have an effective date beginning July 1st of the same state fiscal year in which the application was received.

(6) Food service, maintenance, and security employees with a valid pari-mutuel occupational license who do not perform any activity related to cardroom operations will not be required to hold a Cardroom Employee Occupational License.

(7) A manger or supervisor identified in Rule 61D-11.009(1), F.A.C., may be required to hold a Pari-Mutuel Professional Occupational License pursuant to Section 550.105, F.S., and a Cardroom Employee Occupational License pursuant to section 849.086(6), F.S. These individuals may seek both licenses by submitting only the items required in subsection (1) of this rule and identifying that they intend to seek both licenses on Form DBPR PMW-3120, Individual Occupational License Application, incorporated by reference in Rule 61D-5.001, F.A.C. If the division grants the application for licensure, it shall issue both a Pari-Mutuel Professional Occupational License and a Cardroom Employee Occupational License to the applicant.

(8)(7) All cardroom employee occupational licensees shall wear their photo identification, issued pursuant to subsection 61D-11.012(9), F.A.C., while on duty. A cardroom employee shall not attempt to hide his or her photo identification from any patron or from surveillance cameras.

(9)(8) Cardroom occupational licensees shall may have the option to only wear a facility issued employee photo identification card if the employee has the Ccardroom Eemployee Ooccupational Llicense on their person at all times.

(10) During the three year term of a valid occupational license issued by the division, an individual may need another type of occupational license for any reason, such as a change in his or her employment or job duties. From the date an occupational license is granted until May 1 of the year in which the license expires, a licensee may request to upgrade the valid occupational license they hold to another occupational license type to which the division allows an upgrade. 

(a) A holder of Cardroom Employee Occupational License may request to upgrade their existing license to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

(b) In order to request an upgrade of the valid occupational license held by an individual or business the licensee must submit the following to the division:

1. A request to upgrade the existing occupational license on Form DBPR PMW-3450, License Upgrade Application, incorporated by reference in Rule 61D-14.005, F.A.C.

2. The difference in the license fee, if any, between the occupational license held by the licensee and the license type to which the licensee is requesting to upgrade. A Cardroom Employee Occupational Licensee shall pay no fee to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

3. Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, incorporated by reference in Rule 61D-14.005, F.A.C.

(c) All upgrade applicants shall provide the division with the fingerprint resubmission fee established by FDLE and the Federal Bureau of Investigation.  An application for a license upgrade shall be granted or denied according to the specific licensure requirements of the license for which an applicant has applied to upgrade pursuant to Chapters 550, 551 and/or Section 849.086, F.S., and pursuant to the licensing requirements of Section 120.60, F.S. 

(d) A license issued by the division pursuant a license upgrade request shall have the following effect:

1. The license held by the applicant prior to the license upgrade request shall no longer be effective and shall be deemed void on the date the division grants the upgraded license.

2. The license to which the applicant requested to upgrade shall be valid on the date the division grants the license and shall expire on the same date as the license from which the applicant upgraded expired.

(11) A license application shall lapse and no longer be processed by the division, if the applicant fails to provide the division with a complete application within 120 days of a notice issued by the division pursuant to Section 120.60(1), F.S. A person with a lapsed license application shall not be eligible to participate in activities that require an occupational license. An applicant seeking a cardroom occupational license as an initial or renewal applicant following the lapse of their previous license application shall be required to reapply by submitting all materials and fees required in subsections (1) or (10) above. 

(12) Any person whose occupational license has expired and who seeks a subsequent occupational license:

(a) Within one year of the expiration of the license shall be considered an applicant for renewal of that license;

(b) Longer than one year after expiration of the license shall be considered an initial applicant for an occupational license.

PROPOSED EFFECTIVE DATE: September 1, 2020

Rulemaking Authority 550.0251(12), 550.105(2)(b), (10)(a),  551.107(2)(b),  849.086(4)(a), (6)(d), (f), FS. Law Implemented 550.0251, 550.105, 551.107, 559.79, 849.086(6), FS. History–New 1-7-97, Amended 5-9-04, 3-4-07, 9-7-08, 7-21-14, 1-2-18,                 .

 

61D-11.0101 Temporary Cardroom Occupational License.

(1) The division shall issue a temporary occupational license within 30 days of receipt of the application submitted pursuant to Rule 61D-11.008 or Rule 61D-11.009, F.A.C., when the following conditions are met:

(a) The applicant has submitted a completed Form DBPR PMW-3120 or Form DBPR PMW-3130, incorporated by reference in Rule 61D-5.001, F.A.C., and has paid all applicable licensing and fingerprint fees;

(b) The applicant is in good standing, not under suspension, has not had a license revoked and has not been denied a license or declared ineligible for licensure in Florida or any other racing or gaming jurisdiction;

(c) The applicant has not been convicted of or had adjudication withheld on any disqualifying criminal offense listed in Section 550.105(5) and/or Chapter 849.086(6), F.S.;

(d) The division has not issued the applicant’s occupational license; and

(e) If the applicant has previously applied to the division for a license, the applicant’s most recent application prior to the current application for licensure did not lapse pursuant to Rule 61D-11.008 or Rule 61D-11.009, F.A.C.

(2) All temporary licenses issued by the division are subject to the same provisions of Section 849.086, F.S. and Chapter 61D-11, F.A.C., as cardroom occupational licenses.

(3) The granting of a temporary license is conditioned on the honesty of an applicant in his, her or its application.  If the division determines the applicant falsely swore to a material statement in the application relating to the applicant’s criminal history or suspension, unpaid fines, revocation or denial in Florida or another gaming or racing jurisdiction, the division may revoke a temporary license.

(4) A holder of a temporary individual cardroom occupational license shall cease all activity requiring the possession of a slot machine occupational license if the division issues its intent to deny or denies the application.

(5) An applicant who is not eligible for a temporary license is not prevented from applying for an occupational license referenced in Rules 61D-11.008 amd 61D-11.009, F.A.C.

      (6) All temporary licenses issued by the division shall be immediately surrendered if the division grants the applicant a permanent license.

PROPOSED EFFECTIVE DATE:  September 1, 2020

Rulemaking Authority 550.0251(12), 849.086(4), (6), FS. Law Implemented 849.086, FS. History–New           .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Bryan Barber, Division of Pari-Mutuel Wagering, [e-mail], 2601 Blair Stone Rd., Tallahassee, FL 32399, [phone]

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 3, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 4, 2019