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-14.038 Percentage Payout and Odds.

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

(b) The actual number of plays since the installation of the game ~~for the game’s lifetime~~;

~~(b) Remove the game from play;~~

(b)~~(c)~~ Recompute the slot machine game payout percentage using the FBMS; and

(c)~~(d)~~ Determine whether the recomputation of the payout percentage reveals that the slot machine game falls within or outside of the volatility range.

~~(8) Based on the result of the recomputations required in subsection (6) of this rule, the slot machine licensee shall either:~~

~~(a) Return the slot machine game to play if the recomputed payout percentage is within the volatility range; or~~

(b) Contact an independent test laboratory licensed by the state to investigate the slot machine game if the recomputed payout percentage is not within the volatility range. The slot machine licensee shall require the laboratory to investigate the slot machine game’s operation and provide the licensee with a written recomputation of the payout percentage and a determination that the slot machine game is operating within or outside of its volatility range.

(9) If, in two consecutive quarterly reports, a slot machine game fails to remain within its volatility range, the division will verify the ~~slot machine licensee shall remove the slot machine game from play until the slot machine game~~ operating software ~~program is replaced with an operating software program~~ that meets the requirements of the testing in subsection (1) of this rule.

(10) through (c) No change.

(d) Any record regarding software operating program verification by the division ~~programs were replaced~~ pursuant to subsection (9)~~(8)~~ of this rule.

(11) The records generated under this rule shall be maintained consistent with Rule 61D-14.080, F.A.C.

Rulemaking Authority 551.103(1), 551.122 FS. Law Implemented 551.103(1)(c), (d), (e), (h), 551.104(4)(j) FS. History–New 6-25-06, Amended _______.