Section 75-9.003 - Interstate and Intertrack Broadcasts - Emergency Procedures(1) In the event a Florida host's totalisator system fails, all wagering at the host site and all transmission of data from guest totalisators shall cease until the host system is fully operational. (a) If the host system becomes fully operational before the start of the contest and wagering data is available, both the wagering and the transmission of data from guests shall resume at all sites until the stop bet command is issued by the host.(b) If the host system is not fully operational before the start of the contest, the host Mutuels Manager may order a refund of all wagers at all intertrack guest sites on the affected contests.(2) In the event the guest track's totalisator system fails, all money wagered on the contest that was entered into the host track's pools prior to the time of failure shall remain in the host track's pools. All wagering shall cease at the guest site and may not resume until the tote system is fully operational. Wagers that did not enter the host pool shall be subject to the provisions of paragraph (4)(b) of this rule.(3) During systems or communications malfunctions, the host mutuels and totalisator managers shall attempt to manually merge the wagering data, provided that such an attempt does not jeopardize the integrity of the host's pools. The manual merge procedures described herein shall apply to both intertrack and interstate broadcasts.(a) A manual merge of wagering data shall be supported with a printed table of wagers providing all data necessary to facilitate the manual merge for each pool prepared by the guest or hub totalisator operator. The manual merge report shall be signed by the guest or hub tote manager and, if applicable, the Mutuels Manager. This report shall be sent to the host Mutuels Manager regardless of whether there is a continued effort to transmit the pools electronically. Where the host is utilizing a remote tote, the report shall also be sent to the remote tote site manager.(b) Immediately prior to and just subsequent to a manual merge, the host totalisator shall print a table of wagers for the affected pool(s).(c) Subsequent to the event, the host Mutuels Manager and tote representative, and the Mutuels Manager and tote representative of each affected intertrack guest or hub shall prepare and submit to the division hub personnel a report indicating why the transfer of data could not be completed electronically and that the pools were merged manually. For interstate wagering, the Florida host Mutuels Manager shall require this report as support documentation of the merging of the pools. Each report shall include a copy of the table of wagers prior to the merge. Additionally, the hub report shall include:1. A copy of the table of wagers printed both prior to and subsequent to the manual merge;2. A brief statement as to where the failure occurred and for what time period prices were delayed; and3. A worksheet signed by the host tote representative and the division hub personnel showing total dollars bet in each pool and the final prices.(4) If the Florida host Mutuels Manager determines that a guest has not transmitted its pools to the host in a timely manner or if a manual merge jeopardizes the integrity of the host's pools, significantly delays the host program, or a manual merge is attempted and failed, the guest site may be excluded from the wagering pools and the following procedures will apply:(a) The pools of an interstate guest site shall be subject to the laws and rules of the state where the guest site is located.(b) An intertrack guest site shall pay the host track prices on affected pools (book the bets). The funds derived from the intertrack guest sales, net of takeout, shall be applied to the payment of the affected winning tickets. The takeout amount shall be distributed by the host track in the normal manner (i.e., distribution of taxes, purses, guest fees and any other payments required by statute) for that performance. The parties shall resolve any resulting liabilities among themselves. Underpayments may be used to offset overpayments generated during a meet. Any resulting surplus within the last week of a meet shall be added into a net wagering pool chosen by the permitholder and the pool, the amount of the add in, and date shall be noticed to the division. The add in must be done prior to the stop bet of the race and the pool matrix shall not be affected in any way. If the addition to the pool is not possible because of the end of the meet, the surplus shall be carried over to the next meet and added to a performance within the first seven days of the meet.(5)(a) If the Florida permitholder is an interstate guest, and it is not possible or permitted to successfully merge the wagers into the common pool and the out-of-state host track does not retain any portion of a specific pool, the pool of the Florida permitholder may be treated as a separate pool. Where there are primary guest and secondary guest tracks, all the wagers shall be combined with the primary guest track pools, and at the option of the primary guest track Mutuels Manager the Florida interstate guest track may:1. Pay host track prices pursuant to the provisions of paragraph (4)(b); or2. Refund all of the pools in their entirety; or3. Distribute the pools to the Florida winners in accordance with the Florida pari-mutuel wagering rules using payout prices calculated on the separate pool.(b) The Florida primary guest permitholder must disclose in the official racing program or post prominently on each level of the facility which option listed in paragraph (5)(a) the permitholder elects to use whenever the implementation of the policy is triggered.(c) The Florida primary guest shall elect a policy option and shall indicate the option chosen on Form FGCC PMW-3590, Notification of Interstate Broadcasting, adopted and incorporated by Rule 75-10.001, F.A.C., upon becoming an interstate guest.(6) If the Florida permitholder is an interstate guest track, and it is not possible or permitted to successfully merge the wagers into the common pool and the out-of-state host track retains a portion of a specific pool, the Florida permitholder shall pay the out-of-state host track prices. Where there are primary guest and secondary guest tracks, all the wagers shall be combined with the primary guest track pools.(7) Permitholders shall manage underpayments and overpayments of a pari-mutuel wagering pool as a result of communications or systems malfunctions within the meet. Underpayments may be used to offset overpayments of pools by permitholders with the provision that any remaining underpayment of a pool be distributed in the last seven days of a meet. An underpayment shall be added into a net wagering pool chosen by the permitholder and the pool, the amount of the add in, and date shall be noticed to the division. The add in must be done prior to the stop bet of the race and the pool matrix shall not be affected in any way. If an underpayment occurs that cannot be distributed in the last seven days of a meet, an amount equal to the underpayment will be distributed as described herein within the first seven days of the subsequent meet. Any remaining overpayment at the close of a meet will be the burden of the permitholder.(8) Each track shall publicly display or explain in the racing or playing program the status of the wagering pools in the event of wagering data transmission failure, video transmission failure and audio transmission failure. In the event a system or communications malfunction occurs, an announcement shall be made through the public address system explaining the circumstances to the betting public.Fla. Admin. Code Ann. R. 75-9.003
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, 9-19-04, 4-12-06, Formerly 61D-9.003.New 10-20-96, Amended 12-15-97, 9-19-04, 4-12-06, Formerly 61D-9.003.