Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NO.: RULE TITLE:
61D-4.002: Evaluating a Permit Application for a Pari-Mutuel Facility
61D-4.004: Application for Annual Racing License
PURPOSE AND EFFECT: The purpose and effect of the proposed rules will be to implement Florida Statutes pertaining to forms for applications for pari-mutuel permits and annual racing licenses.
SUMMARY: These proposed rules are amended to appropriately reference revised forms for applications for pari-mutuel permits and annual racing licenses. Revised Form DBPR PMW-3010, Permit Application, removes the reference to Rule 61D-4.001, F.A.C., which has been identified for proposed repeal during the comprehensive rule review required by Executive Order 11-01. Revised Form DBPR PMW-3060, Permitholder Application for Annual License and Operating Dates, adds lease agreement information to the form, which eliminates the need for Rule 61D-4.003, F.A.C., identified for proposed repeal during the comprehensive rule review required by Executive Order 11-01.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: None
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 Division of Pari-Mutuel Wagering conducted an analysis of the proposed rules’ potential economic impact and determined that they did not exceed any of the criteria established in Section 120.541(2)(a), F.S.
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: 550.01215(2), 550.0251(3), 550.054(8)(b), 550.1815(5) FS.
LAW IMPLEMENTED: 550.0115, 550.01215, 550.0251, 550.054, 550.0951, 550.155, 550.1815, 550.5251 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(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: June 18, 2012, 2:00 p.m. – 5:00 p.m.
PLACE: Florida Department of Business and Professional Regulation, Northwood Centre, Board Room, 1940 N. Monroe Street, Tallahassee, Florida 32399
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)717-1098. 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:

61D-4.002 Evaluating a Permit Application for a Pari-Mutuel Facility.

An applicant for a Florida Pari-Mutuel Facility permit shall submit a Form DBPR PMW-3010, Permit Application, a Form DBPR PMW-3030, Personal History Record, adopted and incorporated by Rule 61D-10.001, F.A.C., and a Form DBPR PMW-3195, Request for Release of Information and Authorization to Release Information, effective_________, adopted herein by reference, which 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 32399-1037 adopted and incorporated by Rule 61D-10.001, F.A.C.

(1) through (2) No change.

(3) A pari-mutuel wagering permitholder who transfers an ownership or equity interest in its permit to another licensed pari-mutuel wagering permitholder or who transfers a permit to an entity exclusively composed of ownership interests that have been approved under the provisions of Sections 550.054 and 550.1815, F.S., Florida Statutes, must file with the division Form DBPR PMW-3040, Permit Transfer Application From One Existing Permitholder to Another Existing Permitholder, effective___________, adopted herein by reference, which 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 32399-1037 with the division.

Rulemaking Specific Authority 550.0251(3), 550.054(8)(b)(5), 550.155(1), 550.1815(5) FS. Law Implemented 550.0251, 550.054, 550.0951, 550.155, 550.1815 FS. History–New 10-20-96, Amended 12-15-97, 3-4-07,_________.

 

61D-4.004 Application for Annual Racing License.

(1) Any permitholder authorized to submit an application for an annual license to conduct races or games pursuant to Section 550.0115, F.S., shall make such application to the division on Form DBPR PMW-3060, Permitholder Application for Annual License and Operating Dates, and Form DBPR PMW-3080, Permitholder Calendar, both adopted and incorporated by Rule 61D-10.001, F.A.C., and Form DBPR PMW-3190, Officers and Directors, effective _________, adopted herein by reference, which 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 32399-1037. The required forms shall be submitted adopted and incorporated by Rule 61D-10.001, F.A.C., during the period between December 15 and January 4 for performances to be conducted during the next state fiscal year.

(2) No change.

Rulemaking Specific Authority 550.0251(3), 550.01215(2) FS. Law Implemented 550.0115, 550.01215, 550.5251 FS. History–New 3-4-07, Amended_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Leon M. Biegalski, Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 27, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 16, 2011