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  5. BONITA-FORT MYERS CORPORATION vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, 15-007014RP (2015)

BONITA-FORT MYERS CORPORATION vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, 15-007014RP (2015)

Court: Division of Administrative Hearings, Florida Number: 15-007014RP Visitors: 27
Petitioner: BONITA-FORT MYERS CORPORATION
Respondent: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING
Judges: E. GARY EARLY
Agency: Department of Business and Professional Regulation
Locations: Tallahassee, Florida
Filed: Dec. 11, 2015
Status: Closed
DOAH Final Order on Friday, August 26, 2016.
Latest Update: Apr. 19, 2018
Summary: The issues for disposition in this case are whether proposed rules 61D-11.001(17) and 61D-11.002(5), Florida Administrative Code, which consist of the repeal of said rules, constitute an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes; and whether the Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering’s (Respondent), failure to prepare a statement of estimated regulatory costs constituted a material failure t
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15007010Mandate

DISTRICT COURT OF APPEAL FIRST DISTRICT

STATE OF FLORIDA TALLAHASSEE, FLORIDA 32399-0950

(850) 488-6151


KRISTINA SAMUELS CLERK OF THE COURT

(850) 488-6151


November 29, 2017


Claudia Llado, Clerk DOAH

1230 Apalachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: Department of Business and Professional etc.

v. Dania Entertainment Center, LLC; et al.


Docket No.: 1D16-4275

Lower Tribunal Case No: 15-7010RP, 15-7011RP, 15-7012RP 15-7013RP, 15-7014RP, 15-7015RP, 15-7016RP

15-7022RP


Dear Ms. Llado,


I have been directed by the court to issue the attached mandate in the above- styled cause. It is enclosed with a certified copy of this Court’s opinion.


Yours truly,

Kristina Samuels Clerk of the Court


KS/th Enclosures

c: (letter and mandate only)


Jason L. Maine, GC Christopher M. Kise Chevonne T. Christian

Thomas J. Morton John M. Lockwood Kala Kelly Shankle

James A. McKee Dwight O. Slater Joshua M Hawkes

M A N D A T E

From

DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To E. Gary Early, Administrative Law Judge, Division of Administrative Hearings

WHEREAS, in the certain cause filed in this Court styled:


DEPARTMENT OF BUSINESS AND PROFESSIONAL ETC.

Case No : 1D16-4275


v. Lower Tribunal Case No : 15-7010RP

15-7011RP, 15-7012RP

15-7013RP, 15-7014RP

15-7015RP, 15-7016RP

15-7022RP DANIA ENTERTAINMENT CENTER, LLC; ET AL.

The attached opinion was issued on November 8, 2017.


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with said opinion, the rules of Court, and the laws of the State of Florida.

WITNESS the Honorable Bradford L. Thomas, Chief Judge of the District Court of Appeal of Florida, First District,

and the Seal of said Court done at Tallahassee, Florida, on this 29th day of November 2017.



Docket for Case No: 15-007014RP
Issue Date Proceedings
Apr. 19, 2018 Transmittal letter from Claudia Llado forwarding CDs containing Petitioner's Demonstration Video Exhibit 39, and Petitioner's Surveillance Video Exhibit 40 to Petitioner.
Nov. 29, 2017 Mandate filed.
Nov. 29, 2017 Opinion filed.
Nov. 09, 2017 Notice of Appearance (Louis Trombetta) filed.
Nov. 08, 2017 By Order of The Court filed.
Nov. 08, 2017 By Order of The Court filed.
Dec. 29, 2016 Letter to J. Wheeler from R. Williams regarding the enclosed exhibits filed.
Dec. 28, 2016 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Oct. 10, 2016 Invoice for the record on appeal mailed.
Oct. 10, 2016 Index (of the Record) sent to the parties of record.
Oct. 07, 2016 Amended Motion To Place Case In Abeyance Pending Appeal filed.
Sep. 29, 2016 Motion to Place Case in Abeyance Pending Appeal filed.
Sep. 26, 2016 Petitioner TBDG Acquisition, LLC d/b/a TGT Poker and Racebook Motion for Attorney Fees filed. (DOAH CASE NO. 16-5689F ESTABLISHED)
Sep. 26, 2016 Petitioner Tampa Bay Downs, Inc.'s Motion for Attorney Fees filed. (DOAH CASE NO. 16-5689F ESTABLISHED)
Sep. 26, 2016 West Flagler Associates, Ltd.'s Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5688F ESTABLISHED)
Sep. 26, 2016 Investment Corporation of Palm Beach's Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5687F ESTABLISHED)
Sep. 26, 2016 Melbourne Greyhound Park, LLC's Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5685F ESTABLISHED)
Sep. 26, 2016 Jacksonville Kennel Club, Inc's Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5684F ESTABLISHED)
Sep. 26, 2016 Bonita-Fort Myers Corporation's Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5686F ESTABLISHED)
Sep. 26, 2016 Daytona Beach Kennel Club, Inc.'s Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5683F ESTABLISHED)
Sep. 26, 2016 Dania Entertainment Center, LLC's Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 16-5682F ESTABLISHED)
Sep. 22, 2016 Acknowledgment of New Case, First DCA Case No. 1D16-4275 filed.
Sep. 22, 2016 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Sep. 22, 2016 Notice of Appeal filed.
Sep. 22, 2016 Notice of Substitution of Counsel (Melissa Button) filed.
Aug. 26, 2016 Final Order (hearing held July 19, 2016). CASE CLOSED.
Aug. 26, 2016 Final Order (hearing held July 19, 2016). CASE CLOSED.
Aug. 05, 2016 Petitioners' Tampa Bay Downs, Inc. and TBDG Acquisition, LLC d/b/a TGT Poker and Racebook's Proposed FInal Order filed.
Aug. 05, 2016 Proposed Final Order of Dania Entertainment Center, LLC, Daytona Beach Kennel Club, Inc., Jacksonville Kennel Club, Inc., Melbourne Greyhound Park, LLC, Bonita-Fort Myers Corporation, Investment Corporation of Palm Beach, and West Flagler Associates, Ltd filed.
Aug. 05, 2016 Respondent's Proposed Final Order filed.
Aug. 04, 2016 Order Granting Extension of Time.
Aug. 03, 2016 Petitioners' Unopposed Motion for Extension of Time to File Proposed Final Orders filed.
Jul. 28, 2016 Supplement to Motion for Official Recognition filed.
Jul. 19, 2016 CASE STATUS: Hearing Held.
Jul. 18, 2016 Motion for Official Recognitition filed.
Jul. 18, 2016 Order Granting Motion for Oral Argument.
Jul. 15, 2016 Joint Prehearing Stipulation filed.
Jul. 15, 2016 Notice of Service of Respondent's Response to Petitioner Tampa Bay Downs Request for Production and Interrogatories to Respondent filed.
Jul. 15, 2016 Joint Motion for Oral Argument in Lieu of Evidentiary Hearing filed.
Jul. 05, 2016 Notice of Serving Request for Production and Interrogatories to Respondent filed.
Apr. 28, 2016 Notice of Deposition of Steve Kogan filed.
Apr. 27, 2016 Notice of Deposition of Lisa Helms filed.
Apr. 27, 2016 Notice of Deposition of Joe Dillmore filed.
Apr. 27, 2016 Order Re-scheduling Hearing (hearing set for July 19 and 20, 2016; 9:30 a.m.; Tallahassee, FL).
Apr. 25, 2016 Respondent's Amended Notice of Taking Deposition (of Jamie Shelton) filed.
Apr. 25, 2016 Respondent's Amended Notice of Taking Deposition (of Deborah Giardina) filed.
Apr. 25, 2016 Respondent's Notice of Taking Deposition (of David Journey) filed.
Apr. 22, 2016 Joint Status Report filed.
Apr. 14, 2016 Notice of Service of Petitioners' Second Request for Production filed.
Apr. 08, 2016 Respondent's Notice of Taking Deposition (of James Shelton) filed.
Apr. 08, 2016 Respondent's Notice of Taking Deposition (of Deborah Giardina) filed.
Apr. 01, 2016 Order Canceling Hearing and Requiring Status Report (parties to advise status by April 22, 2016).
Mar. 28, 2016 Joint Motion to Continue Final Hearing and Request for Status Conference filed.
Mar. 23, 2016 Second Amended Notice of Deposition of Jonathan Zachem filed.
Mar. 21, 2016 Amended Notice of Deposition of Jonathan Zachem filed.
Mar. 17, 2016 Notice of Service of Tampa Bay Downs, Inc. and TBDG Acquisition, LLC d/b/a TGT Poker & Racebook's Response to Respondent's Second Request for Interrogatories filed.
Mar. 17, 2016 Notice of Service of Dania Entertainment Center, LLC's, Daytona Beach Kennel Club, Inc.'s, Jacksonville Kennel Club, Inc.'s, Melbourne Greyhound Park, LLC's, Bonita-Fort Myers Corporation's, Investment Corporation of Palm Beach's and West Flagler Associates, Ltd.'s Response to Second Request for Interrogatories filed.
Mar. 08, 2016 Notice of Deposition of Jonathan Zachem filed.
Mar. 07, 2016 Notice of Service of Respondent's Second Request for Interrogatories filed.
Mar. 04, 2016 Notice of Service of TBDG Acquisition, LLC d/b/a TGT Poker & Racebook's Response to Respondent's First Interlocking Discovery Request and First Request for Admissions filed.
Mar. 04, 2016 Notice of Service of Dania Entertainment Center, LLC's, Daytona Beach Kennel Club, Inc.'s, Jacksonville Kennel Club, Inc.'s, Melbourne Greyhound Park, LLC's, Bonita-Fort Myers Corporation's and West Flagler Associates, Ltd.'s Response to First Discovery Request and Response to First Request for Admissions filed.
Mar. 04, 2016 Notice of Service of Investment Corporation of Palm Beach's Response to First Interlocking Discovery Request and Response to First Request for Admissions filed.
Mar. 04, 2016 Notice of Service of Investment Corporation of Palm Beach's Response to First Interlocking Discovery Request and Response to First Request for Admissions filed.
Mar. 04, 2016 Notice of Service of Investment Corporation of Palm Beach's Response to First Interlocking Discovery Request and Response to First Request for Admissions filed.
Mar. 02, 2016 Notice of Service of Respondent's Response to Petitioner's First Request for Production and First Set of Interrogatories filed.
Mar. 02, 2016 Notice of Service of Respondent's Response to Petitioners' First Request for Admissions and Production, and Respondent's Response to Petitioners' First Set of Interrogatories filed.
Feb. 23, 2016 Notice of Service of Respondent's First Set of Interlocking Discovery Requests for Production and Interrogatories, and Respondent's First Set of Requests for Admission filed.
Feb. 23, 2016 Notice of Service of Respondent's First Set of Interlocking Discovery Requests for Production and Interrogatories, and Respondent's First Set of Requests for Admission filed.
Feb. 23, 2016 Notice of Service of Respondent's First Set of Interlocking Discovery Requests for Production and Interrogatories, and Respondent's First Set of Requests for Admission filed.
Feb. 22, 2016 Notice of Petitioners' First Set of Interrogatories to Respondent filed.
Feb. 22, 2016 Petitioner's First Request for Admissions filed.
Feb. 22, 2016 Notice of Appearance (Louis Trombetta) filed.
Feb. 19, 2016 Order Denying Motions to Dismiss.
Feb. 18, 2016 Petitioners' First Request for Production filed.
Feb. 18, 2016 Notice of Appearance (Kala Shankle) filed.
Feb. 18, 2016 Petitioner Tampa Bay Downs' Interrogatories to Respondent Department of Business and Professional Regulation, Division of Pari-mutuel Wagering filed.
Feb. 18, 2016 Petitioner Tampa Bay Downs' First Request for Production to the Florida Department of Business and Professional Regulation, Division of Pari-mutuel Wagering filed.
Feb. 18, 2016 Petitioners Tampa Bay Downs' and TGT Poker & Racebook's Notice of Joinder in Response to Motion to Dismiss filed.
Feb. 18, 2016 Petitioners' Response in Opposition to Respondent's Motion to Dismiss filed.
Feb. 15, 2016 Order Granting Leave to File Corrected Amended Petition.
Feb. 12, 2016 Notice of Voluntary Dismissal without Prejudice filed.
Feb. 12, 2016 Petitioner's Motion for Leave to File Corrected Amended Petition (filed in Case No. 15-007022RP).
Feb. 12, 2016 Notice of Hearing (hearing set for April 13 and 14, 2016; 9:30 a.m.; Tallahassee, FL).
Feb. 11, 2016 Joint Status Report filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Tampa Bay Downs, Inc. and TBDG Acquisition, LLC d/b/a TGT Poker & Racebook) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (West Flagler Associates, Ltd.) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Jacksonville Kennel Club, Inc.) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Investment Corp. of Palm Beach) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Melbourne Greyhound Park, LLC) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Daytona Beach Kennel Club, Inc.) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Bonita-Fort Myers Corp.) filed.
Feb. 10, 2016 Respondent's Motion to Dismiss Amended Petition (Dania Entertainment Center, LLC) filed.
Feb. 08, 2016 Order of Pre-hearing Instructions.
Feb. 04, 2016 Petition Challenging the Validity of Proposed Rule 61D-11.001, 61D-11.002, 61D-11.005(9), Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Feb. 04, 2016 Amended Petition Challenging the Validity of Proposed Rules 61D-11.001 and 61D-11.002, Florida Administrative Code filed.
Jan. 26, 2016 Order Continuing Case in Abeyance (parties to advise status by February 11, 2016).
Jan. 22, 2016 Joint Status Report and Motion to Continue Abeyance filed.
Dec. 28, 2015 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by January 22, 2016).
Dec. 23, 2015 Joint Motion to Place Consolidated Cases in Abeyance filed.
Dec. 22, 2015 Notice of Appearance (Caitlin Mawn) filed.
Dec. 18, 2015 Notice of Appearance (William Hall) filed.
Dec. 18, 2015 Order of Pre-hearing Instructions.
Dec. 18, 2015 Notice of Hearing (hearing set for January 13 and 14, 2016; 9:30 a.m.; Tallahassee, FL).
Dec. 18, 2015 Order of Consolidation (DOAH Case Nos. 15-7010RP, 15-7011RP, 15-7012RP, 15-7013RP, 15-7014RP, 15-7015RP, 15-7016RP, 15-7022RP, and 15-7055RP).
Dec. 15, 2015 Order of Assignment.
Dec. 15, 2015 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
Dec. 11, 2015 Petition Challenging the Validity of Proposed Rules 61D-11.001, 61D-11.002 and 61D-11.005(9), Florida Administrative Code filed.

Orders for Case No: 15-007014RP
Issue Date Document Summary
Nov. 29, 2017 Mandate
Nov. 08, 2017 Opinion
Aug. 26, 2016 DOAH Final Order The proposed repeal of rules 61D-11.001(17) and 61D-11.002(5) dealing with "designated player" games, was an invalid exercise of delegated legislative authority.
Source:  Florida - Division of Administrative Hearings
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