Notice of Change/Withdrawal

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NO: RULE TITLE
61D-14.002: Application Requirements
61D-14.005: Occupational License Requirements for Individual Persons
61D-14.006: Occupational License Application Requirements for Business Entities
61D-14.008: Occupational License Renewal Application
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 21, May 29, 2009 issue of the Florida Administrative Weekly.

61D-14.002 Application Requirements.

(1) through (a) No change.

(b) Be filed on Form DBPR PMW-3400, Permitholder Application for Annual Slot Machine License, effective ______, adopted herein by reference, which form is also listed in Rule 61D-15.001, F.A.C., and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035; and incorporated by Rule 61D-15.001, F.A.C.;

(c) through (g)1. No change.

2. Form DBPR PMW-3460, Request for Release of Information and Authorization to Release Information, effective ______, adopted herein by reference, which form is also listed in Rule 61D-15.001, F.A.C., and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035, and incorporated by Rule 61D-15.001, F.A.C., authorizing the division and FDLE to obtain any record held by a financial or public institution.

(h) through (k) No change.

(l) Include a complete Form DBPR PMW-3470, Surety Bond for Florida Slot Machine Licensee, effective ______, adopted herein by reference, which form is also listed in Rule 61D-15.001, F.A.C., and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035 and incorporated by Rule 61D-15.001, F.A.C.This form provides proof of a bond, in the amount of at least 2 million dollars ($2,000,000.00) payable to the Governor of the State of Florida and his or her successors in office.The bond required by this section must:

1. through 2. No change.

3. State that upon the principal’s failure to comply with Chapter 551, F.S., and Chapter 61D-14, F.A.C., including but not limited to the principal’s failure to promptly pay all gaming fees and taxes when due and demanded, the Director of the Division of Pari-Mutuel Wagering of the Department of Business and Professional Regulation (DBPR) may make demand upon the surety for the payment of the amount of the default to also include any fines or administrative penalties imposed as a result of a default by said principal up to but not to exceed the amount of its liability as defined by this bond;

4. through 6. No change.

7. Include the signatures of the Corporate President, Secretary, and attorney in fact (as required) and Florida Registered Agent Resident Agent licensed in the State of Florida, and the printed name and address of that Registered Resident Agent.

(m) through (n) No change.

(o) Include a copy of each policy required by Sections 551.104(4)(i);

(p) Provide a list summarizing all administrative, civil, or criminal proceedings initiated by any governmental agency or entity, including all judgments or final decisions entered in such proceedings, that would affect the license status of the applicant or any affiliate of the applicant pursuant to Sections 550.054, 550.1815, and 551.104, F.S., as well as additionally provide, when specifically requested by the division, copies of any complaint, pleading, and any final order, judgment, or other final disposition in any such administrative, civil, or criminal proceeding.Include a copy of:

1. All administrative, civil, or criminal proceedings that have been initiated by any governmental agency or any other state or federal agency and all judgments entered as the result of any completed proceedings that would affect the license status of the applicant or any affiliate of the applicant pursuant to Sections 550.054, 550.1815, and 551.104, F.S.; and

2. Each complaint, pleading, and any final order, judgment, or other final judicial disposition for each administrative, civil, or criminal proceeding disclosed.

(q) through (4)(b) No change.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 119.07, 551.103(1)(a), (b), (f), (g), 551.104(4), (10), 551.106(1), 551.118 FS. History–New 6-25-06, Amended________.

 

61D-14.005 Occupational License Requirements for Individual Persons.

(1) through (a) No change.

1. Will be a security, surveillance, or supervisory employee who requires access to the slot gaming floor of a slot machine facility, or a surveillance employee;

2. through (c) No change.

(2) As part of the initial application for or renewal of a slot machine occupational license provided in Section 551.107, F.S., an applicant shall submit the following information on Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, effective ______, or Form DBPR PMW-3415, Slot Machine Individual Occupational License Renewal Application, effective ______, adopted herein by reference, which forms are also listed in Rule 61D-15.001, F.A.C., and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035: and incorporated by Rule 61D-15.001, F.A.C.:

(a) through (3)(c)2. No change.

3. Any period of unemployment in excess of one month in the previous ten years.

(d) No change.

(e) A Form DBPR PMW-3460, Authorization for Release of Information, adopted by reference in Rule 61D-14.002, F.A.C., and incorporated by Rule 61D-15.001, F.A.C., signed by the individual.

(4) No change.

(a) A duly completed original Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, adopted by reference in subsection (2) above, and incorporated by Rule 61D-15.001, F.A.C., in accordance with subsection (3);

(b) through (7) No change.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(b), 551.107(4)(a), 551.108 FS. History–New 6-25-06, Amended 12-6-06,________.

 

61D-14.006 Occupational License Application Requirements for Business Entities.

(1) through (c)5. No change.

(2) An application for a business slot machine occupational license shall be made on Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, effective ______, adopted herein by reference, which form is also listed in Rule 61D-15.001, F.A.C., and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035. which is adopted and incorporated by Rule 61D-15.001, F.A.C.

(3) Failure to include the following information as required by Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, adopted by reference in subsection (2) above, which is adopted and incorporated by Rule 61D-15.001, F.A.C., shall constitute grounds to deny the incomplete license application:

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

2. A Form DBPR PMW-3460, Authorization for Release of Information, adopted by reference in Rule 61D-14.002, F.A.C., and incorporated by Rule 61D-15.001, F.A.C., signed by the individual.

(i) through (k) No change.

1. A list [b1] of the applicable license, permit, or registry required in order to participate in any legal gaming operation, including any license which has been relinquished in lieu of prosecution;

2. No change.

3. A copy of all court and/or administrative records regarding any denial, suspension, or revocation of a license, permit, or certification issued by any governmental agency.

(l) through (o)2.a. No change.

b. A copy of all court and/or administrative records concerning the charge and final order regarding any crime for which the corporation or officer or director was convicted.

3. No change.

(4) The following exemptions apply if a business entity chooses to submit itself for consideration under the requirements of paragraph (1)(c) above for the division’s approval. The following changes and agreement of terms of such submission apply regarding that entity’s Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, adopted by reference in subsection (2) above, and incorporated by Rule 61D-15.001, F.A.C., and any subsequent enforcement action regarding the business entity or entity employee’s conduct:

(a) through (c) No change.

(d) The information required on Form DBPR PMW-3430, Business Entity Internal Control Information, adopted and incorporated by Rule 61D-15.001, F.A.C., shall be limited to that business activity conducted within the State of Florida;

(d)(e) The business entity remains responsible for all required certifications as to accuracy of the information contained on the application for that business entity, notwithstanding the fact the Senior Manager represents the entity on that application; and

(e)(f) The entity’s Form DBPR PMW-3420, Slot Machine Business Entity Occupational License Application, adopted by reference in subsection (2) above, and incorporated by Rule 61D-15.001, F.A.C., shall be signed by an officer qualified to bind the corporation at the corporate level to contracts and similar agreements. The corporate officer’s signature shall attest to the accuracy and completeness of all information submitted on the application, without reservation.; and

(g) All other requirements for application pursuant to this rule remain unchanged.

(5) through (9) No change.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107 FS. History–New 7-30-06, Amended________.

 

61D-14.008 Occupational License Renewal Application.

(1) The application for renewal of a slot machine occupational license shall be made under oath and include:

(a) A completed original Form DBPR PMW-3415, Slot Machine Individual Occupational License Renewal Application, adopted by reference in Rule 61D-14.005, F.A.C., or Form DBPR PMW-3425, Slot Machine Business Entity Occupational License Renewal Application, effective ______, adopted herein by reference, which forms are also listed in Rule 61D-15.001, F.A.C., and can be obtained at www.myfloridalicense.com/dbpr/pmw or by contacting the Division of Pari-Mutuel Wagering at 1940 North Monroe Street, Tallahassee, Florida 32399-1035; and incorporated by Rule 61D-15.001, F.A.C.; and

(b) The fees to be paid as provided in Rule 61D-14.011, F.A.C.; and

(c) through (5)(a) No change.

(b) Longer than one year after expiration of the original license shall be required to make application using Form DBPR PMW-3410, Slot Machine Individual Occupational License Application, adopted by reference in Rule 61D-14.005, F.A.C., and incorporated by Rule 61D-15.001, F.A.C., and shall provide the information required pursuant to Rule 61D-14.005, F.A.C.

(6) No change.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(a), (b), 551.107(4) FS. History–New 6-25-06, Amended ________.