| 1 | Representative(s) Greenstein offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between line(s) 1335 and 1336 insert: |
| 5 | Section 8. Definitions.--The following words and terms, |
| 6 | when used in these regulations concerning self-exclusion |
| 7 | procedures, shall have the following meanings: |
| 8 | (1) "Self-exclusion" means voluntarily having oneself |
| 9 | barred from the premises of any licensed gaming establishment |
| 10 | (hereinafter "casino") in Florida and from all gaming-related |
| 11 | activities and privileges, including the issuance of gaming |
| 12 | credit and check-cashing privileges; the receipt of direct- |
| 13 | marketing and promotional materials regarding gaming |
| 14 | opportunities, junket solicitations, player club memberships, |
| 15 | complimentary goods and services and the like; and collection of |
| 16 | any winnings or recovery of any losses during the exclusionary |
| 17 | period. |
| 18 | (2) "Premises" for purposes of self-exclusion shall mean |
| 19 | property of a pari-mutuel facility. |
| 20 | (3) "Self-excluded person" means any person whose name is |
| 21 | included on the self-exclusion list maintained by the Division. |
| 22 | (4) "Self-exclusion list" mean the list of names of self- |
| 23 | excluded persons. |
| 24 | Section 9. Request for self-exclusion.-- |
| 25 | (1) Any person may request self-exclusion pursuant to |
| 26 | these regulations by appearing personally at any office of the |
| 27 | Division on or off of a facility's grounds where he or she |
| 28 | shall: |
| 29 | (a) Present valid identification credentials containing: |
| 30 | 1. His or her signature; and |
| 31 | 2. Either a photograph or a general physical description; |
| 32 | (b) Be photographed by the division; and |
| 33 | (c) Submit a completed Request for Self-Exclusion form; |
| 34 | and |
| 35 | (d) Turn over to the division all player club cards and |
| 36 | similar items issued by any casinos to the person for purposes |
| 37 | of gambling. |
| 38 | (2 ) The Request for Self-Exclusion shall be on a form |
| 39 | prescribed by the Division, and shall be available at all |
| 40 | licensed casinos and at any office of the division. The Request |
| 41 | for Self-Exclusion form shall include the following identifying |
| 42 | information concerning the person submitting the self-exclusion |
| 43 | request: |
| 44 | (a) Name, including any aliases or nicknames; |
| 45 | (b) Date of birth; |
| 46 | (c) Address of current residence; |
| 47 | (d) Telephone number of current residence; |
| 48 | (e) Social Security number, if such information is |
| 49 | voluntarily provided by the person requesting self-exclusion; |
| 50 | (f) A physical description of the person, including |
| 51 | height, weight, gender, hair color, eye color and any other |
| 52 | physical characteristic that may assist in the identification of |
| 53 | the person; |
| 54 | (g) The length of the self-exclusion period requested by |
| 55 | the person, which may be for any length of time up to lifetime, |
| 56 | but in no event for less than five years. |
| 57 | (3) A waiver and release that shall be in the following |
| 58 | form: |
| 59 |
|
| 60 | "I hereby release and hold the State of Florida, Division of |
| 61 | Pari-Mutuel Wagering, The Department of Business and |
| 62 | Professional Regulation and its employees, and all casinos and |
| 63 | their affiliated companies, employees, officers and agents |
| 64 | harmless from any claim by me or any third party for any harm, |
| 65 | monetary or otherwise, which may arise out of or by reason of |
| 66 | any act or omission relating to the request for self-exclusion |
| 67 | or maintenance or enforcement of the self-exclusion list, |
| 68 | including, but not limited to, the forfeiture of any money or |
| 69 | thing of value obtained by me from, or owed to me by, a casino |
| 70 | as a result of wagers made by me while on the self-exclusion |
| 71 | list." |
| 72 |
|
| 73 | (4) The signature of the person submitting the Request for |
| 74 | Self-Exclusion indicating acknowledgment of the following |
| 75 | statement: |
| 76 |
|
| 77 | "Because I am a problem gambler, I am voluntarily requesting |
| 78 | exclusion from the entire premises of all Florida casinos, |
| 79 | including gaming premises, restaurants, and hotels, and from the |
| 80 | issuance of gaming credit, check-cashing privileges, receipt of |
| 81 | direct-marketing and promotional materials regarding gaming |
| 82 | opportunities, and collection of any winnings or recovery of any |
| 83 | losses during the exclusionary period. I understand that no |
| 84 | further points, rewards or benefits may be accumulated or |
| 85 | redeemed from the player recognition programs I have |
| 86 | participated in. I understand that this self-exclusion request |
| 87 | does not release me from any debts incurred prior to or during |
| 88 | the self-exclusion period. I understand that during the self- |
| 89 | exclusion period, any money or thing of value obtained by me |
| 90 | from, or owed to me by, a casino as a result of wagers made by |
| 91 | me while on the self-exclusion list shall be subject to |
| 92 | forfeiture to the Pari-Mutuel Wagering Trust Fund for donation |
| 93 | to a compulsive gambling program to be determined by the |
| 94 | Division. I hereby consent to having this form, my photograph |
| 95 | and identifying information disseminated to necessary casino |
| 96 | personnel to identify me should I attempt to return to any |
| 97 | casino, and further consent to having said information disclosed |
| 98 | to casino affiliated companies outside of Florida and that I may |
| 99 | be excluded from those casinos without further action on my |
| 100 | part. I likewise acknowledge that my self-exclusion information |
| 101 | may be forwarded by the Division to other states or Indian |
| 102 | gaming commissions in Florida for dissemination to casinos in |
| 103 | those jurisdictions, such that I may be self-excluded from those |
| 104 | casinos. I acknowledge that for my request of self-exclusion to |
| 105 | be truly effective, I must exercise self-restraint and shall not |
| 106 | attempt to enter the premises of any casino or ask any casino |
| 107 | employee to assist me with any of the services or privileges, |
| 108 | which are the subject of this request. I acknowledge that I am |
| 109 | hereby banned and forbidden from entering the premises of any |
| 110 | casino and that if I am found anywhere on the premises of a |
| 111 | Florida casino, I will immediately be ejected, and, within the |
| 112 | discretion of the casino, may be arrested and prosecuted for |
| 113 | criminal trespass pursuant to Florida Statute; and my continued |
| 114 | non-cooperation or attempt to breach my self-exclusion may |
| 115 | result in placement by the Division on the involuntary exclusion |
| 116 | list. I certify that the information that I have provided herein |
| 117 | is true and accurate, and that I have read, understand and agree |
| 118 | to the waiver and release above." |
| 119 | (5) An indication of the type of identification |
| 120 | credentials examined containing the signature of the person |
| 121 | requesting self-exclusion, and whether said credentials included |
| 122 | a photograph or just a general physical description of the |
| 123 | person; and |
| 124 | (6) The signature of a Division employee authorized to |
| 125 | accept such request, indicating that the signature of the person |
| 126 | on the Request for Self-Exclusion appears to agree with that |
| 127 | contained on his or her identification credentials, and that the |
| 128 | photograph or physical description of the person contained on |
| 129 | his identification credentials appears to agree with his or her |
| 130 | actual appearance. |
| 131 | (7) The request for self-exclusion may be made only by the |
| 132 | individual for whom exclusion would apply, and not by any other |
| 133 | person. |
| 134 | Section 10. Self-Exclusion List.-- |
| 135 | (1) The Division shall maintain the official |
| 136 | self-exclusion list and shall notify each casino of any addition |
| 137 | to or deletion from the list by electronic mail, to be followed |
| 138 | up with notification via U.S. Mail and/or in the same manner and |
| 139 | form as other notices are made by the Division under these |
| 140 | regulations. |
| 141 | (2) The notice provided by the Commission to all casinos |
| 142 | concerning any person whose name shall be either added to or |
| 143 | deleted from the self-exclusion list will include the following |
| 144 | information: |
| 145 | (a) All of the identifying information required by Section |
| 146 | 2(c)(1) which was given on the Request for Self-Exclusion, or |
| 147 | the request for removal from self-exclusion, whichever is |
| 148 | applicable ; and, |
| 149 | (b) A copy of the photograph taken by the Division |
| 150 | pursuant to Section 2(a). |
| 151 | (3) Each casino shall maintain its own copy of the self- |
| 152 | exclusion list and shall establish procedures to ensure that its |
| 153 | copy of the self-exclusion list is updated and that all |
| 154 | appropriate employees and agents of the casino are notified of |
| 155 | any addition to or deletion from the list within ten (10) days |
| 156 | after the day the notice is received by the casino. |
| 157 | (4) Casinos with affiliated gaming establishments in other |
| 158 | jurisdictions may choose to share the self-exclusion list with |
| 159 | and invoke it in those establishments, in accordance with |
| 160 | applicable laws and regulations in those jurisdictions, and |
| 161 | without violation of the confidentiality requirements of these |
| 162 | regulations. |
| 163 | (5) Information furnished to or obtained by the Division |
| 164 | pursuant to these regulations shall be deemed confidential and |
| 165 | shall not be disclosed except in accordance with these |
| 166 | regulations. |
| 167 | (6) No casino, its affiliates, officers or employee thereof |
| 168 | shall disclose the self-exclusion list or portion thereof except |
| 169 | as necessary to comply with the provisions of these regulations. |
| 170 | Notwithstanding the foregoing, such information may be disclosed |
| 171 | to casino employees, officers, agents and affiliated companies, |
| 172 | to law enforcement, and in response to a subpoena request or |
| 173 | court order in criminal or civil proceedings . |
| 174 | (7) Prior to the expiration of the self-exclusion period, |
| 175 | any self-excluded person may request permission from the |
| 176 | Division to enter a specific casino to carry out the duties of |
| 177 | employment in a non-gaming position only. Such requests must be |
| 178 | made in writing by the human resources department of the casino |
| 179 | and state with specificity the reason for the request along with |
| 180 | employment documentation. Approval/denial of the request will be |
| 181 | provided to the specified casino and to the excluded person |
| 182 | making the request. |
| 183 | (8) Those persons who are currently self-excluded from one |
| 184 | (1) or more casinos upon the effective date of these regulations |
| 185 | and whose self-exclusion period has not yet expired shall |
| 186 | continue to be self-excluded for the length of time remaining on |
| 187 | their self-exclusion period. Said exclusion shall remain |
| 188 | effective only for those casinos for which the person requested |
| 189 | self-exclusion. At the end of the self-exclusion period, said |
| 190 | person's name shall be removed from that casino's self-exclusion |
| 191 | list, unless that person submits a request under the procedures |
| 192 | set out in these regulations. |
| 193 | (9) Those self-exclusion lists referenced above and |
| 194 | maintained by the casinos under the prior regulation shall be |
| 195 | given the same force and effect, where applicable, as the self- |
| 196 | exclusion list provided for in these regulations, until all such |
| 197 | persons' self-exclusion periods have expired. |
| 198 | Section 11. Duties of casino.-- |
| 199 | (1) Each casino shall have and make available to all |
| 200 | patrons the Self-Exclusion Form developed and provided by the |
| 201 | Division. |
| 202 | (2) Each casino shall designate a person or persons to be |
| 203 | the contact person with the Designate for purposes of self- |
| 204 | exclusion procedures, including receipt and maintenance of the |
| 205 | self-exclusion list, submission of the casino licencee's |
| 206 | procedures, and all other communications between the Division |
| 207 | and the casino for self-exclusion purposes. |
| 208 | (3) Each casino shall establish procedures and systems |
| 209 | which: |
| 210 | (a) Require employees of the casino, upon identification |
| 211 | of a self-excluded person present in the casino, to notify: |
| 212 | 1. Those employees of the casino designated to monitor the |
| 213 | presence of self-excluded persons; and |
| 214 | 2. Designated representatives of the Division via |
| 215 | facsimile transmission and U.S. Mail; |
| 216 | (b) Utilize the player tracking systems and other |
| 217 | electronic means, including checking all taxable patron winnings |
| 218 | against the self-exclusion list, to assist in determining |
| 219 | whether self-excluded persons are participating in any gaming |
| 220 | activities; |
| 221 | (c) Deny casino credit, check cashing privileges, player |
| 222 | club membership, complimentary goods and services, junket |
| 223 | participation and other similar privileges and benefits to any |
| 224 | self-excluded person; |
| 225 | (d) Ensure that self-excluded persons do not receive, |
| 226 | either from the casino or any agent thereof, targeted mailings, |
| 227 | telemarketing promotions, player club materials or other |
| 228 | promotional materials relative to gaming activities at its |
| 229 | licensed casino. |
| 230 | (4) Each casino shall post or provide at each entrance and |
| 231 | exit to the gaming premises, and in conspicuous places in or |
| 232 | near gaming or cage areas and cash dispensing machines located |
| 233 | on the gaming premises written materials concerning the nature |
| 234 | and symptoms of problem gambling, the procedure for self- |
| 235 | exclusion, including where they can obtain the Request for Self- |
| 236 | Exclusion form, and the toll-free number of Division approved |
| 237 | compulsive gambling program that provides information and |
| 238 | referral services for problem gamblers. |
| 239 | (5) Upon discovery by a casino that a self-excluded person |
| 240 | has breached his self-exclusion and obtained access to the |
| 241 | premises, said casino shall take steps to immediately eject such |
| 242 | person from the premises, and notify the Division of the breach. |
| 243 | Both the security and surveillance departments shall immediately |
| 244 | determine, to the extent possible: |
| 245 | (a) How the person was able to gain access to the premises |
| 246 | without being detected and, where possible, how the casino plans |
| 247 | to prevent such breaches in the future; |
| 248 | (b) Whether and how many times said person has gained such |
| 249 | access on previous occasions; and |
| 250 | (c) The net winnings or losses attributable to the |
| 251 | excluded person, in which case the casino shall retain any such |
| 252 | winnings and, after withholding appropriate taxes, donate said |
| 253 | winnings to the Division of Pari-Mutuel Wagering |
| 254 |
|
| 255 | A report of the foregoing shall be prepared and forwarded to the |
| 256 | Division within five (5) days after the breach is discovered. |
| 257 | (6) Each casino shall submit to the Division for written |
| 258 | approval a copy of its procedures established pursuant to these |
| 259 | regulations within 90 days from the adoption of this regulations |
| 260 | concerning self-exclusion. Any amendment to the casino's |
| 261 | procedures shall be submitted to the Division at least fourteen |
| 262 | (14) days prior to their implementation. |
| 263 | Section 12. Removal from self-exclusion list.-- |
| 264 | (1) Except for those persons choosing a lifetime |
| 265 | self-exclusion, removal from the self-exclusion shall be |
| 266 | automatic upon expiration of the period of self-exclusion |
| 267 | specified in this section. |
| 268 | (2) Upon the expiration of the self-exclusion period, the |
| 269 | division shall delete the name of the person from the self- |
| 270 | exclusion list and notify each casino of such deletion from the |
| 271 | list. |
| 272 | Section 13. Training of Casino Employees.--Each casino |
| 273 | shall implement procedures for training for all new employees, |
| 274 | and annual re-training for all employees who directly interact |
| 275 | with gaming patrons in gaming areas. That training shall, at a |
| 276 | minimum, consist of information concerning the nature of problem |
| 277 | gambling, the procedures for requesting self-exclusion, and |
| 278 | assisting patrons in obtaining information about problem |
| 279 | gambling programs. This section shall not be construed to impose |
| 280 | a duty upon employees of casinos to identify problem gamblers |
| 281 | nor to impose any liability for failure to do so. Each licensee |
| 282 | shall designate personnel responsible for maintaining the |
| 283 | training program. Training programs conducted or certified by |
| 284 | the Division and a compulsive gambling program to be selected by |
| 285 | the Division are presumed to provide adequate training under |
| 286 | this section. |
| 287 | Section 14. Noncompliance.-- |
| 288 | (1) Any casino violating any requirements of these |
| 289 | regulations on self-exclusion may be subject to disciplinary |
| 290 | action by the Division. |
| 291 | (2) Any self-excluded person violating the terms of his or |
| 292 | her self-exclusion agreement during the self-excluded period may |
| 293 | be subject to conviction for criminal trespass. |
| 294 | (3) The provisions of this regulation are solely regulatory |
| 295 | in nature and neither create a minimum standard of care toward |
| 296 | the public nor establish a private cause of action for non- |
| 297 | compliance. |
| 298 | Section 15. Sharing the Self-Exclusion List with other |
| 299 | jurisdictions.--The Division may enter into agreements with the |
| 300 | Seminole and Miccosukee Tribes for the mutual sharing of self- |
| 301 | exclusion lists, by which the Division would forward Florida's |
| 302 | self-exclusion list to the other commissions and likewise |
| 303 | receive from those commissions the self-exclusion list from that |
| 304 | jurisdiction. The Division may then provide and update the |
| 305 | casinos with the self-exclusion lists from those jurisdictions |
| 306 | in the same manner and using the same procedures as is provided |
| 307 | in these regulations for Florida's self-exclusion list. In that |
| 308 | event, all rules and regulations concerning self-exclusion in |
| 309 | Florida shall be applicable to the self-exclusion lists from |
| 310 | those jurisdictions, just as if those persons had submitted a |
| 311 | self-exclusion request in Florida; likewise, those persons who |
| 312 | have self-excluded in Florida will be excluded in the other |
| 313 | jurisdictions just as they are in Florida. |
| 314 |
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| 315 | ======= T I T L E A M E N D M E N T ======= |
| 316 | Between line(s) 49 and 50 insert: |
| 317 | providing self-exclusion procedures; providing definitions; |
| 318 | providing for a self-exclusion list; providing duties of |
| 319 | casinos; providing for removal from the list; providing for |
| 320 | training for casino employees; providing for noncompliance; |