STATE OF FLORIDA Deputy Agency Clerk DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATH cierk vette Lawson-Proctor DIVISION OF PARI-MUTUEL WAGERING 1/30/2014 DEPARTMENT OF BUSINESS & PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR Case NO. 2011033478 v. TAMPA BAY DOWNS, INC., Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wa- gering (Division), files this First Amended Administrative Complaint against Tampa Bay Downs, Inc. (Respondent), and alleges as follows: 1. The Division is the state agency charged with regulating pari-mutuel and card- room operations pursuant to Chapter 550 and Section 849.086, Florida Statutes (F.S.). 2. At all times material hereto, Respondent held a thoroughbred pari-mutuel permit, number 0000320-1000, and a cardroom license, 0000320-1002, issued by the Division. 3. On July 17, 2011, Respondent, through its cardroom supervisors and employees, permitted the playing of unauthorized games of checkers and chess in its licensed cardroom. This took place between the hours of 3:15 & 5:15 PM at table 4-2. 4, Rule 61D-11.002(1), Florida Administrative Code (F.A.C), provides that “[o]nly | | those games listed in Section 849.086(2)(a), F.S., are authorized for play at licensed cardroom facilities,” and that statute authorizes only “games of poker or dominoes which are played in a nonbanking manner” to be played in a licensed cardroom facility. & Pp y 5. Section 849.086(12)(a), F.S., provides that “[nJo person licensed to operate a cardroom may conduct any banking game or any game not specifically authorized by this sec- tion,” and Section 849.086(14)(c), F.S., authorizes the Division to “impose an administrative fine not to exceed $1,000 for each violation against any person who has violated or failed to comply with the provisions of this section or any rules adopted pursuant thereto.” 6. In July 2011 the Division sent Respondent a proposed consent order to resolve this matter, but Respondent never executed nor returned that consent order to the Division. COUNT 1 7. The Division hereby realleges and incorporates herein as if fully set forth the alle- gations made in paragraphs one (1) through five (5) above. 8. By permitting the unauthorized game of checkers to be played in its licensed card- room, Respondent has violated Rule 61 D-11.002(1), F.A.C, and Section 849.086(12)(a), F.S. COUNT 2 9. The Division hereby realleges and incorporates herein as if fully set forth the alle- gations made in paragraphs one (1) through five (5) above. 10. By permitting the unauthorized game of chess to be played in its licensed card- room, Respondent has violated Rule 61D-11.002(1), F.A.C, and Section 849.086(12)(a), F.S. WHEREFORE, Petitioner respectfully requests the Division enter a Final Order imposing a $2,000.00 administrative fine against Respondent ($1,000.00 for each Count), pursuant to Sec- tion 849.086(14)(c), F.S. | apt Signed this day of Dan vary , 2014. WILLIAM N. Florida Bar No,0879622 Chief Attorney Division of Pari-Mutuel Wagering Department of Business & Professional Regulation 1940 North Monroe Street, Suite 40 Tallahassee, Florida 32399-2202 Copies furnished: Charles T. Collette, Assistant General Counsel i } i { } i } t i i 1 i | ] | 4

Docket for Case No: 14-001487