Petitioner Florida Horsemen’s Benevolent and Protective Association, Inc., (FHBPA) on January 28, 2011, in DBPR Case No. 2011005448 (DS 2011-007). ; The Petition requests the Division of Pari-Mutuel Wagering to state whether Section 849.086(13)(d)2....

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 received the petition for declaratory statement from Petitioner Florida Horsemen’s Benevolent and Protective Association, Inc., (FHBPA) on January 28, 2011, in DBPR Case No. 2011005448 (DS 2011-007). The petition seeks the agency's opinion as to the applicability of Section 849.086(13)(d)2., Florida Statutes, and Rule 61D-11.018, Florida Administrative Code, as it applies to the petitioner.
The Petition requests the Division of Pari-Mutuel Wagering to state whether Section 849.086(13)(d)2., Florida Statutes, as it applies to the FHBPA and its membership, requires each thoroughbred horseracing permitholder operating cardrooms to calculate, each and every month, the amount of net proceeds from cardroom operations and then, at that time, deduct, each and every month, the amount of net proceeds from cardroom operations and then, at that time, deduct, each month, not less than 50% of the net proceeds from such monthly cardroom operations for the supplementation of purses and breeders awards in the next ensuing racing meeting; and further declaring that Section 849.086(13)(d)2., Florida Statutes, does not authorize a racing permitholder to average cardroom revenues from month to month and make a single, annual, year end calculation based upon monthly averaging to determine the amount of money to be added to purses and breeders awards in the next ensuing racing meeting. Any person whose substantial interests may be affected by a declaratory statement on the subject matter of the Petition may file a petition to intervene within 14 days of the publication of this notice.
A copy of the Petition 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]).