Notice of Proposed Rule

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NO: RULE TITLE
61D-14.0055: Temporary Individual Slot Machine Occupational License
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 proposed rule implements the division’s authority to issue a temporary individual slot machine occupational license upon the election of the division.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Costs was prepared.
OTHER RULES INCORPORATING THIS RULE: None
EFFECT ON THOSE OTHER RULES: None
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), 551.1045, 551.122 FS.
LAW IMPLEMENTED: 551.1045, 551.107 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: December 8, 2009, 2:00 p.m. – 3:30 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)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:

61D-14.0055 Temporary Individual Slot Machine Occupational License.

(1) The division shall issue a temporary individual slot machine occupational license, general or professional, when the following conditions are met within 30 days of receipt of the application:

(a) The applicant has submitted a complete license application;

(b) The applicant has not been convicted of or had adjudication withheld on any disqualifying criminal offense listed in Section 551.107(6), F.S.; and

(c) The division has not issued the applicant’s permanent occupational license.

(2) The 30-day requirement of subsection (1) shall be tolled when the division issues a letter notifying the applicant of errors or omissions in the license application pursuant to Section 120.60(1), F.S.

(3) All temporary licenses issued by the division are subject to the same terms and conditions of Chapter 551, F.S., and Chapter 61D-14, F.A.C., as are permanent licenses, and shall be immediately surrendered if the division:

(a) Grants the applicant a permanent license;

(b) Denies the applicant a permanent license; or

(c) Finds the applicant in violation of Chapter 551, F.S., or Chapter 61D-14, F.A.C.

(4) A holder of a temporary individual slot machine occupational license shall cease all activity requiring the possession of a slot machine occupational license if:

(a) The division denies the application; or

(b) The applicant is convicted of a disqualifying criminal offense listed in Section 551.107(6), F.S.

Rulemaking Authority 551.103(1), 551.1045, 551.122 FS. Law Implemented 551.1045, 551.107 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Joe Dillmore, Interim Director, Division of Pari-Mutuel Wagering
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Charles W, Drago, Secretary, Department of Business and Professional Regulation
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 2, 2008