Jacksonville Kennel Club, Inc., (hereinafter “Petitioner”), on June 11, 2008, in DBPR Case No. 2008036447 (DS 2008-038).; The petition requests a declaratory statement regarding several issues arising from the potential relocation of Petitioner’s ...

 

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

NOTICE IS HEREBY GIVEN THAT the Division of Pari-Mutuel Wagering, Department of Business and Professional Regulation, (hereinafter “Division”) has received the petition for declaratory statement from Jacksonville Kennel Club, Inc., (hereinafter “Petitioner”), on June 11, 2008, in DBPR Case No. 2008036447 (DS 2008-038). The petition seeks the agency’s opinion as to the applicability of Sections 550.0555, 550.475, 550.615(8) and 849.086(5)(a), Florida Statutes, as it applies to the petitioner.

The petition requests a declaratory statement regarding several issues arising from the potential relocation of Petitioner’s pari-mutuel wagering facility which is located in Duval County, Florida. The specific questions presented are:

a.Assuming that appropriate zoning for any new facility is demonstrated to the Division, if Petitioner petitions to relocate its pari-mutuel wagering permit to a new facility located in Duval County within a 30-mile radius of its existing facility, would the Division’s decision on this request rest solely on whether the relocation is necessary to maintain or enhance the capability of Petitioner to produce tax revenues for the state from wagering activities without deteriorating the capability of Orange Park Kennel Club and St. Johns Greyhound Park to produce such tax revenues?

b.If Petitioner successfully petitions to relocate its pari-mutuel wagering permit to a new facility located in Duval County within a 30-mile radius of its existing facility, would Petitioner be able to: (a) continue to conduct pari-mutuel wagering on live greyhound races at the leased Orange Park facility pursuant to an annual license issued by the Division; and (b) conduct intertrack pari-mutuel wagering at its new facility in Duval County?

c.Would the Division’s answers to the questions posed in Question b. be the same if a greyhound racing oval will not be constructed at the new facility?

d.Under the same scenario described in Question b, assume further that Petitioner submits a properly completed application for a cardroom license for its new facility in Duval County, the required license fee, and adequate evidence of local government approval under Section 849.086, Florida Statutes, and that both Orange Park Kennel Club and Jacksonville Kennel Club have each consistently applied for and received licenses to conduct a “full schedule” of live greyhound racing at the Orange Park facility in compliance with Section 849.086(5)(b), Florida Statutes. Under these circumstances, would Petitioner qualify to conduct cardroom operations at its new facility in Duval County pursuant to an annual license issued by the Division?

Any person whose substantial interests may be affected by the Division’s response to the request for declaratory statement may petition the Division to intervene in this matter.

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.