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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Pari-Mutuel Wagering

RULE NO. : RULE TITLE :
61D-11.018: Reporting Requirements to Determine Net Proceeds or Gross Revenues
NOTICE IS HEREBY GIVEN that the Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation, has issued an order disposing of the petitions for declaratory statement filed by Florida Horsemen’s Benevolent and Protective Association, Inc., and Calder Race Course, Inc. (Petitioners), on, respectively, January 28 and March 3, 2011. The following is a summary of the agency’s disposition of the petitions:

The petitions for declaratory statement were noticed in Vol. 37, Nos. 7 & 12, of the Florida Administrative Weekly. The petitions listed § 849.086(13)(d), F.S., as the provision upon which a declaratory statement was sought. The declaratory statement issued by the Division (DBPR Case Nos. 2011005448 & 2011012089 / DS 2011-007 & 2011-018) on August 27, 2012, finds that subsections 849.086(13)(d)1 & 2, F.S., when read together require that any supplement to purses and breeders awards for a horseracing permitholder’s “next ensuing racing meeting” is to be based on the aggregation of net monthly proceeds and that, therefore, a thoroughbred racing permitholder can offset months in which its net proceeds from the operation of a cardroom are negative against months in which the net proceeds are positive in calculating its supplement purses and breeders awards due in its next ensuing racing meeting.

A copy of the Order disposing of the petitions for declaratory statement may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, (phone: [phone]).