Fla. Admin. Code Ann. R. 75-14.005 - Occupational License Requirements for Individual Persons

(1) The following slot machine occupational license requirements apply to individual persons having access to the designated slot machine area or who may be granted access to the slot machine area by reason of the positions they hold:

(a) Slot Machine Professional Individual Occupational License - Individuals meeting any of the following criteria must apply for a Slot Machine Professional Individual Occupational License:

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

2. An employee of a slot machine facility who will have access to the interior of a slot machine, a slot machine's revenue, or accounting and reporting records associated with slot machine revenue,

3. An employee of a slot machine facility who holds a position as the head of a department referenced in Rule 75-14.015, F.A.C., or a supervisor of employees of the slot machine licensee, or

4. An employee of any person or entity providing slot machine related services as referenced in Section 551.107(2)(a)3., F.S., to a slot machine licensee, who may be granted access to slot machine areas of a slot machine licensee due to his or her employment.

(b) Slot Machine General Individual Occupational License - An individual seeking a license as an employee of a slot machine facility with no management or supervisory authority related to the slot machine licensee's facility or employees not covered in paragraph (1)(a), above, must apply for a Slot Machine General Individual Occupational License.

(c) Slot Machine/Cardroom/Pari-Mutuel Combination Occupational License - An individual required to hold a Slot Machine Professional or General Individual Occupational License who also needs access to pari-mutuel areas and/or holds a position that requires a Cardroom Employee Occupational License must apply for a Slot Machine/Cardroom/Pari-Mutuel Combination Occupational License. Applicants seeking a combination occupational license shall be subject to the eligibility and licensure requirements stated in Chapters 75-5, 75-11, 75-14, F.A.C., and Chapters 550 and 551 and Section 849.086, F.S.

(2) Every applicant for a slot machine or combination occupational license pursuant to paragraphs (1)(a) and (c) above, shall disclose in his or her application:

(a) Any affiliation of the applicant with a slot machine licensee or with companies controlling the slot machine licensee and the position he or she occupies with the same or his interest in said entity;

(b) Any affiliation of the applicant with a business slot machine occupational licensee or companies controlling the business slot machine occupational licensee entity, and the position that he/she occupies with or his/her interest in said entity;

(3) Every initial application and renewal thereafter for a slot machine or combination occupational license must include:

(a) A completed Form FGCC PMW-3410, Slot Machine Individual Occupational License Application, effective September 2020, incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12096. The form can also be obtained at www.fgcc.fl.gov or by contacting the Florida Gaming Control Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

(b) The documents to identify applicant, as provided in Rule 75-14.010, F.A.C.;

(c) A complete set of the applicant's fingerprints submitted electronically to FDLE and FBI for state and national criminal history record checks. All sets of fingerprints must be submitted by a livescan service provider that has been approved by FDLE to electronically submit criminal history requests. If the set of fingerprints are taken on a physical fingerprint card FD-258, it must be scanned and submitted by a FDLE-approved livescan service provider. Applicants timely renewing their license, whose fingerprints have been retained by FDLE, shall not be required to submit a complete set of figerprints. The complete set of fingerprints and payment of the figerprint fee must comply with the following:

1. Each applicant sending fingerprints via a livescan device must provide the livescan service provider the correct Originating Agency Identifier (ORI) number, which is FL923230Z, in order for the division to receive his or her fingerprint results;

2. The appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant directly to the FDLE-approved livescan service provider or, if fingerprints are submitted to the division on a fingerprint card FD-258 or are retained by FDLE, shall be paid by the applicant directly to the division; and,

(d) The slot machine occupational license fees, paid as provided in Rule 75-14.011, F.A.C.

(4) In the event the division determines that the licensee has applied for multiple positions that have been determined as incompatible functions as set forth in the internal controls of the employing slot machine licensee under subsection 75-14.015(4), F.A.C., the licensee shall be informed in writing and allowed to amend the application to select the position of his or her preference.

(5) If the applicant for or holder of an occupational license intends to claim any exemption from public records disclosure under Section 119.07, F.S., or any other exemption from public records disclosure provided by law, for any part of its application or information provided therein, it shall identify, in its application or by written notice to the division, the specific information for which it claims an exemption and the basis for the exemption.

(6) Each application shall be filed with the division's office located at the slot machine licensee's facility or to the division at Florida Gaming Control Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

(7) Slot machine and combination occupational licenses issued pursuant to Section 551.107, F.S., shall have an effective date of July 1st and shall be valid for a period of three state fiscal years. A license granted pursuant to an application for a slot machine or combination occupational license submitted between April 1st and June 30th shall have an effective date beginning July 1st of the following state fiscal year. A license granted pursuant to an application received outside of this period shall have an effective date beginning July 1st of the same state fiscal year in which the application was received.

(8) During the three year term of a valid occupational license issued by the division, an individual may need another type of occupational license for any reason, such as a change in his or her employment or job duties. From the date an occupational license is granted until April 1 of the year in which the license expires, a licensee may request to upgrade the valid occupational license they hold to another occupational license type to which the division allows an upgrade.

(a) A licensee may request the division to upgrade their existing license as follows:

1. A Slot Machine General Individual Occupational Licensee may upgrade to a Slot Machine Professional Individual Occupational License or a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

2. A slot Machine Professional Individual Occupational Licensee may upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

(b) In order to request an upgrade of the valid occupational license held by an individual the licensee must submit the following to the division:

1. A request to upgrade the existing occupational license on Form FGCC PMW-3450, License Upgrade Application, effective September 2020, incorporated herein by reference, https://www.flrules.org/Gateway/reference.asp?No=Ref-12094, and which can be obtained at www.fgcc.fl.gov or by contacting the Florida Gaming Control Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

2. The difference in the license fee, if any, between the occupational license held by the licensee and the license type to which the licensee is requesting to upgrade. The difference in license fees that must be paid are as follows:

a. A Slot Machine General Occupational Licensee shall not be required to pay a fee to upgrade to a Slot Machine Professional Occupational License.

b. A Slot Machine General Occupational Licensee shall not be required to pay a fee to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

c. A Slot Machine Professional Occupational Licensee shall not be required to pay a fee to upgrade to a Slot/Cardroom/Pari-Mutuel Combination Occupational License.

(c) All upgrade applicants, except for applicants requesting to upgrade a Slot Machine General Occupational License to a Slot Machine Professional Occupational License, shall provide the division with the fingerprint resubmission fee established by FDLE and the Federal Bureau of Investigation. An application for a license upgrade shall be granted or denied according to the specific licensure requirements of the license for which an applicant has applied to upgrade pursuant to Chapters 550, 551, and/or Section 849.086, F.S., and pursuant to the licensing requirements of Section 120.60, F.S. The appropriate fingerprint processing fee, as established by FDLE and the Federal Bureau of Investigation, shall be paid by the applicant to the division as part of an application for upgrade.

(d) A license issued by the division pursuant a license upgrade request shall have the following effect:

1. The license held by the applicant prior to the license upgrade request shall no longer be effective and shall be deemed void on the date the division grants the upgraded license.

2. The license to which the applicant requested to upgrade shall be valid on the date the division grants the license and shall expire on the same date as the license from which the applicant upgraded expired.

(9) A license application shall lapse and no longer be processed by the division, if the applicant fails to provide the division with a complete application within 120 days of a notice issued by the division pursuant to Section 120.60(1), F.S. A person with a lapsed license application shall not be eligible to participate in activities that require an occupational license. An applicant seeking a slot machine or combination license as an initial or renewal applicant following the lapse of their previous license application shall be required to reapply by submitting all materials and fees required in subsection (3) or (8), above.

(10) An applicant for a Slot Machine/Cardroom/Pari-Mutuel Combination Occupational License, who is subject to denial pursuant to Section 849.086(6)(g), F.S., may request a waiver by submitting Form FGCC PMW-3180, Request for Waiver, incorporated by reference in Rule 75-5.001, F.A.C., which can be obtained at www.fgcc.fl.gov, or by contacting the Florida Gaming Control Commission, 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.

Notes

Fla. Admin. Code Ann. R. 75-14.005

Rulemaking Authority 550.0251 (12), 550.105 (2)(b), (10)(a), 551.103(1), 551.107(2)(b), 551.122, 849.086(4)(a), (6)(d), (f) FS. Law Implemented 550.0251, 550.105, 551.103(1)(b), 551.107, 551.108, 559.79, 849.086(6) FS.

New 6-25-06, Amended 12-6-06, 6-21-10, 9-26-13, 5-30-17, 9-1-20, Formerly 61D-14.005.

New 6-25-06, Amended 12-6-06, 6-21-10, 9-26-13, 5-30-17, 9-1-20, Formerly 61D-14.005.