61D-5.001. Occupational Licensure

(1) The permitholder shall provide to the division the weekly payroll without compensation amounts for verification that all persons working at a permitholder’s facility are licensed.

(2) Every initial application and renewal thereafter for a Professional Occupational License or a General Occupational License shall include the following:

(a) A complete Form DBPR PMW-3120, Individual Occupational License Application, effective September 2020, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12090, 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.

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

1. A complete 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 nenewing their license, whose fingerprints have been retained by FDLE, shall not be required to submit a complete sets 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.

(c) Either the Professional Occupational License fee of $80 for a three year license or the General Occupational License fee of $15 for a three year license.

(3) Every initial application and renewal thereafter for a Pari-Mutuel Business Occupational License shall include the following:

(a) A completed Form DBPR PMW-3130, Business Occupational License Application, effective September 2020, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-12091, and which can be obtained at 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.

(b) The Business Occupational License fee of $120 for a three year license.

(c) All the following individuals associated with an applicant for a Business Occupational License hold a valid Professional Occupational License issued by the division:

1. Officers,

2. Directors,

3. Managers, and

4. Shareholders and/or equity holders holding 10 percent or more interest in the business.

(4) No application for a Business Occupational License shall be granted by the division unless each of the individuals requiring licensure pursuant to paragraph (3)(c) above, have been verified by the division to hold valid Professional Occupational Licenses issued by the division.

(5) A business applicant shall be subject to denial of its initial or renewal application as outlined in Section 550.105, 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 business, identified in paragraph (3)(c), above.

(6) All occupational and fingerprint fees are nonrefundable, except in situations where the applicant was charged in error.

(7) Pari-mutuel occupational licenses issued and renewed pursuant to Section 550.105, 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 application for an initial pari-mutuel occupational license or for renewal of a pari-mutuel occupational license submitted between May 1st and June 30th shall have an effective date of July 1st of the next state fiscal year. A license granted pursuant to an application received outside of this period shall have an effective date beginning July 1st of the state fiscal year in which the application was received.

(8) Any individual or business applicant may request a waiver of disqualifying factors in an application that would otherwise be grounds for denial from the Division Director. A request for a waiver shall be made on Form DBPR PMW-3180, Request for Waiver, effective 9-11-11, incorporated herein by reference, http://www.flrules.org/Gateway/reference.asp?No=Ref-00570, and can be obtained at 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.

(9) During the three year term of a valid occupational license issed by the division, an individual or business may need another type of occupational license for any reason, such as a change in employment, a change in job duties, or a change in the services and products offered or provided. From the date an occupational license is granted until May 1st 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 licensee may request the division to upgrade their existing license as follows:

1. A Pari-Mutuel General Occupational Licensee may upgrade their license to a Pari-Mutuel Professional Occupational License or a Slot/Cardroom/Pari-mutuel Combination Occupational License;

2. A Pari-Mutuel Professional Occupational Licensee may upgrade their license to a Slot/Cardroom/Pari-Mutuel Combination Occupational License; or

3. A Pari-Mutuel Business Occupational Licensee may upgrade their license to a Slot Business 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 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 licensee’s license and the license type to which the licensee is requesting an upgrade, as follows:

a. A Pari-Mutuel General Occupational Licensee must pay $65.00 to upgrade to a Pari-Mutuel Professional Occupational License.

b. A Pari-Mutuel General Occupational Licensee must pay $85.00 to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

c. A Pari-Mutuel Professional Occupational Licensee must pay $20.00 to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

d. A Pari-Mutuel Business Occupational Licensee must pay $1,880.00 to upgrade to a Slot Business Occupational License.

3. If the individual licensee is upgrading to a Slot/Cardroom/Pari-Mutuel Combination Occupational License, he or she must also submit Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, incorporated by reference in Rule 61D-14.005, F.A.C.

4. If the business licensee is upgrading to a Slot Business Occupational License, the business shall also submit 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, except for applicants requesting to upgrade a Pari-Mutuel General Occupational License to a Pari-Mutuel Professional Occupational License, 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 upgrade applicant has applied 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 to the 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 expiration date as the license from which the applicant upgraded.

(10) 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 pari-mutuel 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 subsection (2), (3), or (9), above.

(11) Any person or business entity 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.

(12) License application forms and fingerprint cards produced by and submitted through the Association of Racing Commissioners International (ARCI) or the National Racing Compact (NRC) under the Federal Pari-Mutuel Licensing Act of 1988 will be accepted by the division.

Rulemaking Authority 550.0251(3), 550.105(2)(b), (10)(a), 551.107(2)(b), 849.086(6)(f) FS. Law Implemented 550.0251, 550.105, 550.495, 551.107, 559.79, 849.086(6) FS. History–New 10-20-96, Amended 12-15-97, 4-12-06, 9-11-11, 9-1-20.