Florida Administrative Code › 75 - FLORIDA GAMING CONTROL COMMISSION › 75 - Departmental › Chapter 75-14 - PARI-MUTUEL WAGERING FACILITY SLOT MACHINE OPERATIONS › Section 75-14.002 - Application Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each
				application for a slot machine license shall:
(a) Be filed by a pari-mutuel wagering
				permitholder;
(b) Be filed on Form
				FGCC PMW-3400, Permitholder Application for Annual Slot Machine License,
				effective May 2017, incorporated herein by reference,
http://www.flrules.org/Gateway/reference.asp?No=Ref-08244
,
				and can be obtained at www.fgcc.fl.gov or by contacting the Division of
				Pari-Mutuel Wagering at 2601 Blair Stone Road, Tallahassee, Florida
				32399-1037;
(c) Include the full
				name of the applicant;
(d) Include
				a list of all ownership interests of five percent or greater and:
1. If the applicant is a corporation, provide
				the name of the state in which incorporated and the names and addresses of the
				officers, directors, and shareholders holding five percent or more equity,
				or
2. If the applicant is a
				business entity other than a corporation, provide the names and addresses of
				the principals, partners, shareholders or any other person holding five percent
				or more equity;
(e)
				Include the names and addresses of the ultimate equitable owners for a
				corporation or other business entity, if different from those provided under
				paragraph (d) above, unless:
1. The securities
				of the corporation or entity are registered pursuant to Section 12 of the
				Securities Exchange Act of 1934,
				15 United States Code
				Sections 78a-78kk, and
2. The corporation or entity files the
				reports required by Section 13 of the Act with the United States Securities and
				Exchange Commission, or the securities of the corporation or entity are
				regularly traded on an established securities market in the United
				States;
(f) Include the
				names and addresses of any mortgagee of the applicant's pari-mutuel facility
				and information on any financial agreement between the parties including the
				names and addresses of:
1. The officers and
				directors of the mortgagee,
2. The
				stockholders in the mortgagee who hold more than five percent of the stock,
				and
3. The equitable owners under
				paragraph (e) above, if applicable.
(g) Provide for each individual listed in the
				application as an owner, partner, officer, or director:
1. A complete set of fingerprints that are
				submitted electronically to the Florida Department of Law Enforcement (FDLE)
				and the Federal Bureau of Investigations (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. The complete set of fingerprints and payment of the
				fingerprint fee must comply with the following:
a. Each owner, partner, officer, or director
				required to be reported pursuant to this section 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.
b. The cost of fingerprint
				processing shall be paid by the applicant directly to the FDLE-approved
				livescan service provider.
2. Form FGCC PMW-3140, Disclosure for
				Individuals Related to a Business, incorporated by reference in Rule
				 75-11.008, F.A.C., authorizing
				the division and FDLE to obtain any record held by a financial or public
				institution.
(h) Include
				a security plan that is in compliance with the specifications cited in Rule
				 75-14.051, F.A.C.;
(i) Include a copy of the contracts required
				by Section  551.104(10),
				F.S.;
(j) Include the name and
				address of the custodian of records in Florida for slot machine
				operations;
(k) Include the date of
				issue of each permit to conduct pari-mutuel wagering and the applicant's
				ownership interest percentage;
(l)
				Include a complete Form FGCC PMW-3470, Surety Bond for Florida Slot Machine
				Licensee, effective September 2020, incorporated herein by reference,
https://www.flrules.org/Gateway/reference.asp?No=Ref-12093
,
				and which can be obtained at www.fgcc.fl.gov or by contacting the Division of
				Pari-Mutuel Wagering at 2601 Blair Stone Road, Tallahassee, Florida 32399-1037.
				This form provides proof of a bond, in the amount of at least 2 million dollars
				($2, 000, 000.00) payable to the Governor of the State of Florida and his or
				her successors in office. The bond required by this section must:
1. Be issued by a surety authorized to issue
				such a bond in the state of Florida,
2. Provide the surety name, bond number, and
				date of the instrument,
3. State
				that upon the principal's failure to comply with Chapter 551, F.S., and Chapter
				75-14, F.A.C., including failure to promptly pay all gaming fees and taxes when
				due and demanded, the Director of the Division of Pari-Mutuel Wagering of the
				Florida Gaming Control Commission (FGCC) may make demand upon the surety for
				the payment of the amount of the default to also include any fines or
				administrative penalties imposed as a result of a default by said principal up
				to but not to exceed the amount of its liability as defined by this
				bond,
4. Indicate the expiration
				date of the bond and provide that the bond may be continued by continuation
				certificate signed by the principal and surety,
5. Provide that the surety may reserve the
				right to withdraw from the bond, except the surety may not withdraw as to any
				liability already incurred or accrued during the period of the bond, and may do
				so only upon giving written notice of the withdrawal to the Director of the
				Division of Pari-Mutuel Wagering, 2601 Blair Stone Road, Tallahassee, Florida
				32399-1037. The bond must further provide that any approved withdrawal shall
				not be effective until sixty (60) days have elapsed after the division's
				acknowledgement of the notice,
6.
				Provide that withdrawal shall not in any case affect the surety's liability
				arising out of any outstanding amount incurred prior to the expiration of the
				60-day period, after which the division has acknowledged the surety's notice of
				withdrawal; and,
7. Include the
				signatures of the Corporate President, Secretary, and attorney in fact (as
				required) and Florida Registered Agent, and the printed name and address of
				that Registered Agent.
(m) Include payment of the non-refundable
				application fee upon the filing of the application as required by Section
				 551.106(1),
				F.S.;
(n) Include payment of the
				non-refundable regulatory fee to fund the compulsive gambling program as
				required by Section  551.118, F.S.;
(o) Include a copy of each policy required by
				Section  551.104(4)(i),
				F.S.;
(p) Provide a list
				summarizing all administrative, civil, or criminal proceedings initiated by any
				governmental agency or entity, including all judgments or final decisions
				entered in such proceedings, that would affect the license status of the
				applicant or any affiliate of the applicant pursuant to Sections
				 550.054,
				 550.1815 and
				 551.104, F.S., as well as
				additionally provide, when specifically requested by the division, copies of
				any complaint, pleading, and any final order, judgment, or other final
				disposition in any such administrative, civil, or criminal
				proceeding.
(q) Include internal
				control procedures required by Rule
				 75-14.058, F.A.C.;
				and,
(r) Include the dates and
				hours of slot machine operations as specified in Section
				 551.116,
				F.S.