61D-14.007: Business Occupational License Requirements for an Independent Testing Laboratory
PURPOSE AND EFFECT: The purpose and effect of the proposed rule will be to implement and interpret Florida Statutes that relate to rules regulating the conduct of slot machine operations at pari-mutuel racing facilities.
SUMMARY: The rule has been reworded to improve clarity and updated to require that applicants for an independent test laboratory license file an affidavit with a license application attesting to the fact that the applicant and the applicant’s employees have no ownership or financial interest in any slot machine licensee or slot machine licensee-owned business.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 551.103(1), 551.122 FS.
LAW IMPLEMENTED: 551.103(1)(a), (b), (c), 551.107, 551.108 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: June 24, 2009, 9:00 a.m. – 5:00 p.m.
PLACE: Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering, North Broward Regional Service Center, 1400 West Commercial Blvd., Suite 195, Ft. Lauderdale, Florida 33309
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 (850)413-0750. 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:
(Substantial rewording of Rule 61D-14.007 follows. See Florida Administrative Code for present text.)
61D-14.007 Business Occupational License Requirements for an Independent Testing Laboratory.
(1) For purposes of this rule the term “direct interest”:
(a) Shall mean the owning or holding of capital stock or other ownership interest by the applicant for a business occupational license or by the applicant’s officers, directors, managers, employees, or ownership interest holders in a slot machine licensee or manufacturer or distributor of slot machines, slot machine software, or slot machine parts as defined in Chapter 551, F.S.
(b) Shall not mean direct or indirect ownership or holding of an ownership interest, however evidenced, in a publicly or privately held mutual fund, equity investment fund, or other similar investment vehicle that owns or holds an ownership interest in any of the licensed entities referred to in paragraph (1)(a), provided that:
1. The ownership interest such investment vehicle has in any of the entities or type of entities referred to in paragraph (1)(a), when considered separately, is less than five percent of the gross asset value of such investment vehicle; and
2. Investors in such investment vehicles acting individually have no control over management or investment decisions of the investment fund or similar investment vehicle.
(2) In addition to the requirements of Rule 61D-14.006, F.A.C., an applicant for a business occupational license as an independent testing laboratory to test and technically evaluate slot machines or facility based monitoring systems of a slot machine licensee shall meet the following criteria:
(a) Hold current licensure, current certification to test, or a current contract in good standing with a gaming regulator in at least five jurisdictions in which electronic gaming devices are authorized;
(b) Have no contract with a state or other gaming jurisdiction that has been cancelled, suspended, or not renewed for in any way failing to provide adequate testing of slot machines or facility based monitoring systems, or other similar systems for control of slot machine gaming; and
(c) Have no direct ownership interest, either by itself or by its officers, directors, managers, employees, or ownership interest holders in any of the following, nor shall any of the following own any interest in an applicant:
1. A slot machine licensee;
2. Any business owned by a slot machine licensee; and
3. A manufacturer or distributor of slot machines, slot machine software, or slot machine parts.
(3) An applicant for a license or renewal of such license as an independent testing laboratory of slot machines or any equipment necessary for the operation of slot machines shall include with its application an affidavit attesting that the applicant, its officers, directors, managers, and employees have no direct interest in:
(a) A slot machine licensee;
(b) Any business owned by a slot machine licensee; or
(c) A manufacturer or distributor of slot machines, slot machine software, or slot machine parts.
(4) An independent testing laboratory seeking a business occupational license or renewal shall provide the following information as part of its application:
(a) The name of each person employed or with whom it has a contract related to slot machine gaming; and
(b) The job title, license number, and state of licensure of each person listed.
Rulemaking Specific Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), (c), 551.107, 551.108 FS. History– New 6-25-06, Amended_______.