Section 75-9.002 - Interstate Broadcasts - Common Pools(1) Wagering transactions are made at the point of sale in the state where the wager is placed. Wagers are evidenced by the issuance of pari-mutuel tickets issued to the bettors or, if applicable, by entries to individual betting accounts.(2) Florida permitholders may form common pools with out-of-state tracks. Where permitholders elect to form common pools the following shall apply: (a) Where the Florida permitholder is the guest track, the wagering data for wagers accepted in Florida shall be transmitted by the guest track tote to the host track tote to form a common pool. Where primary and secondary guest tracks apply, all the pool data will be transmitted to the out-of-state host tote by the primary guest track tote. In the event of a totalisator or communications failure, the manual merge procedures indicated in Rule 75-9.003, F.A.C., shall apply.(b) The Florida permitholder's pools shall remain logically separate for accounting, auditing and reporting purposes.(c) Florida interstate guest permitholders who desire to offer types of wagers other than those currently defined in the Florida Administrative Code, shall submit to the Division a copy of the out-of-state jurisdiction's rule governing the wager.(d) The out-of-state guest tote shall be required to electronically transmit all the pool data for each pool to the Florida host permitholder totalisator. The Florida host permitholder is required to have sufficient pool data to produce a complete table of wagers for each pool except for the Pick (N). For the Pick (N), a scan report may substitute for the table of wagers for the purposes of this paragraph.(e) Except as provided for in paragraph (d) of this section, for the Pick (N) wager, scan reports for any other pool shall not be used as a substitute for the table of wagers without prior approval from the Division. The request shall provide a description of the security and accounting controls in place to ensure the correctness of the pool amount and the amount bet on the winner at the out-of-state sites. If the procedures and controls are found to be sufficient and the pool amount and the amount bet on the winner are determined to be verifiable by the Division auditors, the request shall be approved.(3) Odds and prices for interstate wagers shall be calculated in accordance with the laws and rules of the state having jurisdiction over the host facility. Any Florida permitholder desiring to calculate the prices, breaks, and takeout in a manner consistent with net pool pricing or for special events such as the Breeders' Cup shall comply with the following:(a) The notification shall be received in the division's Tallahassee office no later than 10 calendar days prior to the scheduled date of the interstate broadcast. A detailed explanation as to the method to be used in the calculation of prices, breaks and takeout must be included with the request.(b) The permitholder shall be specific as to the type of wager or pool.(c) If the notification is in relation to national pools or events, such as the Breeders' Cup, the permitholder shall submit to the division the following information for the special event, including: 1. Identification of the event;2. Controls and procedures to ensure correct accounting;3. Controls and procedures to ensure the integrity of the pool(s);4. An explanation of the method to be used in the calculation of prices, takeout, and breaks; and5. A summary of the rule governing the type of wager. This shall include modifications for the calculations of prices, takeout, and breaks.(d) The Florida host track or primary guest and its Florida guests and totalisator companies shall comply with the calculations method and the procedures manual approved by the division. Contracts with out-of-state parties shall include language indicating mandatory compliance with the approved calculations method and the procedures manual.(4) For the purposes of accounting and reporting, the breaks and minus pools shall be prorated between the Florida permitholder and the out-of-state host or guest in the same proportion as the winnings except when the pool is calculated using net pool pricing. Irrespective of whether or not the out-of-state host uses net pool pricing or the standard price calculation, the Florida intertrack breakage and minus pools shall be prorated in the same proportion as the winnings. (a) Where the laws or rules governing an out-of-state host or guest track's calculation of the breaks differ from Florida's, the breaks shall be calculated and/or prorated in conformance with the laws or rules of the state in which the host track or national wagering pool center is located.(b) The Florida permitholder shall provide the division with a copy of any law or rule governing the calculations and proration of the breaks if the method used is different than the Florida method.Fla. Admin. Code Ann. R. 75-9.002
Rulemaking Authority 550.0251 (3), (7), 550.125 (2)(b), 550.155 (1), 550.3551 (10), 550.495 (4), 550.6305(5) FS. Law Implemented 550.0251, 550.125, 550.155, 550.3551, 550.495, 550.615, 550.6305 FS.
New 10-20-96, Amended 12-15-97, Formerly 61D-9.002.New 10-20-96, Amended 12-15-97, Formerly 61D-9.002.