FILED Department of Business and Professional Regulation Deputy Agency Clerk CLERK Evaltle Lawson-Proctor Date —«-1/24/2018 STATE OF FLORIDA File # DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF PARI-MUTUEL WAGERING DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Petitioner, DBPR Case No. 2017-059260 v. TISHUN BUTLER, Respondent. / ADMINISTRATIVE COMPLAINT The Department of Business and Professional Regulation, Division of Pari-Mutuel Wagering (‘“Petitioner” or “Division”), files this Administrative Complaint against Tishun Butler (“Respondent”), and alleges as follows: 1. Petitioner is the state agency charged with regulating pari-mutuel wagering pursuant to Chapter 550, Florida Statutes. 2. At all times material, Respondent held a cardroom employee occupational license, number 8843820-1012, issued by the Division. 3. At all times material, Respondent was employed as a cardroom dealer at the St. Petersburg Kennel Club, a/k/a Derby Lane, a licensed pari-mutuel facility and cardroom in the state of Florida. 4. On or about December 10, 2017, Respondent manipulated cards dealt to cardroom participants at the St. Petersburg Kennel Club, a/k/a Derby Lane, in an attempt to ensure that a designated participant received winning cards. 5. On or about December 11, 2017, Respondent was terminated from his employment and permanently excluded from the St. Petersburg Kennel Club, a/k/a Derby Lane. COUNT I 6. Petitioner hereby re-alleges and incorporates the allegations contained within paragraphs one through five, as though fully set forth herein. 7. Rule 61D-11.005(4), Florida Administrative Code, which provides: (4) No person shall, either directly or indirectly: (a) Employ or attempt to employ any device, scheme, or artifice to defraud any participant in a game or the cardroom operator. (b) Engage in any act, practice, or course of operation that would constitute a fraud or deceit upon any participant in a game or the cardroom operator. (c) Engage in any act, practice, or course of operation with the intent of cheating any participant or the cardroom operator. 8. Based on the foregoing allegation contained within paragraph four, Respondent violated Rule 61D-11.005(4)(a),(b),(c), Florida Administrative Code, by dealing a manipulated deck of cards to a designated participant in an attempt to cheat, defraud, or deceive competing cardroom participants while employed as a cardroom dealer at the St. Petersburg Kennel Club, a/k/a Derby Lane. COUNT II 9. Petitioner hereby re-alleges and incorporates the allegations contained within paragraphs one through five, as though fully set forth herein. 10. Section 550.0251(6), Florida Statutes, provides in relevant part tha! “Tt]he division may exclude from any pari-mutuel facility within this state any person who has been ejected from a pari-mutuel facility in this state...” 11. Based on the forgoing allegation contained within paragraph five, Respondent is subject to exclusion from all pari-mutuel facilities within the state by virtue of violating section 550.025 1(6), Florida Statutes. WHEREFORE, Petitioner respectfully requests the Division enter an Order against Respondent imposing one or more of the penalties specified in section 550.0251, Florida Statutes, together with any other relief the Division is authorized to impose pursuant to Chapter 550, Florida Statutes, and the rules promulgated thereunder. Signed this 22nd day of January, 2018. /s/ Jett Baumann JETT BAUMANN Senior Attorney Florida Bar No. 122159 Jett. Baumann@MyFloridaLicense.com {sf Louis Trombetta LOUIS TROMBETTA Chief Attorney Florida Bar No. 108119 Louis. Trombetta@MyFloridaLicense.com Department of Business and Professional Regulation Office of the General Counsel Division of Pari-Mutuel Wagering 2601 Blair Stone Road Tallahassee, Florida 32399-2202 Telephone: (850) 717-1508 Facsimile: (850) 921-1311 NOTICE OF RIGHT TO REQUEST A HEARING Please be advised that Respondent has the right to request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Florida Statutes, to be represented by counsel or other qualified representative, to present evidence and argument, to call and cross-examine witnesses and to have subpoenas and subpoenas duces tecum issued on his or her behalf if a hearing is requested. Any request for an administrative proceeding to challenge or contest the charges contained in the administrative complaint must conform to Rule 28-106.2015, Florida Administrative Code. Rule 28-106.111, Florida Administrative Code, provides in part that if Respondent fails to request a hearing within 21 days of receipt of an agency pleading, Respondent waives the right to request a hearing on the facts alleged.

Docket for Case No: 18-005728PL