Notice of Change/Withdrawal

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering
RULE NO: RULE TITLE
61D-14.091: Jobs Compendium Requirement
61D-14.092: Content of Jobs Compendium
61D-14.094: Department Approval of Critical Staff Level List Requirement
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. 32 No. 48, December 1, 2006 issue of the Florida Administrative Weekly.

61D-14.091 Jobs Compendium Requirement.

(1) No change.

(a) A Unless otherwise directed by the division, a jobs compendium shall be submitted to the division for agreement approval prior to the projected date of issuance of a license to operate.

(b) The division shall review each jobs compendium and shall determine whether the job descriptions and tables of organization contained therein conform to the licensing requirements of the Florida Statutes and Rules 61D-14.015, 14.016, 14.022, 14.051, 14.058, 14.059, 14.063, 14.072, 14.074, F.A.C. associated administrative regulations.

(c) No change.

(2) When the division determines a submission to be adequate with respect to licensing, it shall notify the slot license applicant in writing accordingly.

(3) No slot machine licensee shall commence operations unless and until its jobs compendium is agreed to approved by the division.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New _______.

 

61D-14.092 Content of Jobs Compendium.

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

2. Salary range;

2.3. Job duties and responsibilities;

3.4. Detailed descriptions of skills, abilities and educational requirements;

4.5. Projected number of employees in the position;

6. Equal employment opportunity class or subclass;

5.7. Proposed licensed level – professional or general;

6.8. The date of submission of each employee position job description and the date of any prior job description it supersedes; and

7.9. The date of submission and page number of each table of organization on which the employee position title is included.

(d) The jobs compendium shall also include a separate section as part of the compendium that identifies Minimum Critical Staff Levels (MCSL) for security and surveillance necessary to commence daily operations and the facility location where that position is required. The MCSL List for security and surveillance shall include:

1. An alphabetical table listing each position title and job code for each MCSL for security and surveillance position; and

2. Column headings reflecting:

a. The total number of positions required for that facility;

b. The minimum number of staff personnel required on site for facility operation who possess the appropriate level of experience, responsibility, authority, and training required by the MCSL List at that time approved by the division for operation of the facility. This list of personnel shall be designated by day of week and by shift to include full- and part-time coverage; and

c. The minimum number of positions that must be present to permit normal closed hours of operation.

(2) A slots licensee shall not be required to comply with the filing requirements of paragraph (1)(c) above for amendments to job descriptions for the following positions:

(a) Positions which do not require a slots individual occupational license, provided that the slots licensee files with the division a notice of any addition, deletion or amendment to any position that requires slots individual occupational license.

(b) Such notice shall include the title, department, job code, salary grade and table of organization on which that position is identified.

(3) Notwithstanding any other requirement, each slots licensee shall submit a complete and up-to-date jobs compendium every two years, unless otherwise directed by the division.

(2)(4) Each slots licensee shall maintain in its Human Resources and Surveillance Department a complete, updated copy of its jobs compendium which shall be made available for review upon the division’s request of the division.

(3)(5) Whenever required by this section, a slots licensee shall file three copies of a jobs compendium and three copies of an amendment to a jobs compendium with the division. Each copy shall include a cover indicating the name of the slots licensee or applicant, the date of the submission and the label “Jobs Compendium Submission” or “Jobs Compendium Amendment” as appropriate.

(4)(6) No provision of this section or any other division rule shall be construed so as to limit a slot machine licensee’s discretion in utilizing a particular job title for any position in its jobs compendium.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New _______.

 

61D-14.094 Department Agreement to the Minimum Approval of Critical Staff Level (MCSL) List Requirement for Security and Surveillance.

(1) Each facility shall submit its MCSL Critical Staff Level List to the division for agreement approval prior to commencing operations at its facility.

(a) The division shall review the MCSL Critical Staff Level List and provide approval or disapproval of the following:

1. Stated positions in MCSL Critical Staff Level List;

2. Stated number of individuals assigned to each identified position;

(b) Additionally, where appropriate, the division shall provide additional concerns of position requirements, number of individuals required for each position and physical location of positions as necessary. The division and facility representatives shall may meet as necessary to reconcile and agree to the MCSL Critical Staff Level List on an as-needed basis.

(2) Each facility shall have an approved Critical Staff Level List prior to commencing operation. No facility may conduct slot operations unless and until it has obtained approval from the division and an approved Critical Staff Level List.

(a) Operating a facility without a current Critical Staff Level List approved by the division is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

(b) Failure to obtain approval of the Critical Staff Level List and approval for any updates to that list is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

(c) Failure to have the current approved Critical Staff Level List available within the facility is a violation of this rule and subjects the licensee to discipline pursuant to Chapter 551, Florida Statutes.

(2)(3) Each facility shall submit requests for changes updates to its agreed MCSL approved Critical Staff Level List for agreement approval at least fourteen (14) days prior to proposed implementation of the requested changes. Submissions shall employ an underline and strikethrough format to identify additions (underline) and deletions (strikethrough) to the list for the submission. The underline and strikethrough format shall reflect proposed changes for the current submission with all previously approved changes listed without underline or strikethrough identification.

(a) The division shall review the updated MCSL Critical Staff Level List and provide agreement approval or disagreement to disapproval of the following:

1. Changes to the stated positions in MCSL Critical Staff Level List;

2. Changes to the stated number of individuals assigned to each identified position;

(b) Additionally, as part of its review of the proposed changes, where appropriate, the division shall provide additional concerns for changes in position requirements, changes in the number of individuals required for each position and physical location of positions based upon the division’s assessment of current operations as necessary. The division and facility representatives shall may meet as necessary to reconcile the MCSL Critical Staff Level List on an as needed basis.

(c) The updated MCSL Critical Staff Level List shall not be implemented until the division’s review and final agreement approval is completed.

(3)(4) The agreed MCSL approved Critical Staff Level List in current use within the facility will be immediately available to facility supervision and division personnel for purposes of reviewing appropriate levels of staffing at any point during facility operations.

(4) Each slot licensee is required to report to the division immediately any days or shifts where MCSL requirements are not met. Additionally, within 24 hours or by the end of the next business day, submit a written statement to the division explaining the reason for the deficiency and the appropriate action taken or that will be taken in the future to assure critical staffing levels are met.

Specific Authority 551.103, 551.122 FS. Law Implemented 551.103 FS. History–New _______.