NOTICE IS HEREBY GIVEN that on June 13, 2011, the Division of Pari-Mutuel Wagering, Department of Business & Professional Regulation, received a petition for variance from Hartman and Tyner, Inc., d/b/a Mardi Gras Racetrack & Gaming Center, Petitioner, DBPR Case No. 2011030307 (VW 2011-203). Petitioner is a pari-mutuel slot machine gaming facility licensed pursuant to Chapter 551, Florida Statutes, whose address is 831 North Federal Highway, Hallandale, Florida 33009. The Petition lists Rule 61D-14.073, Florida Administrative Code (F.A.C.), from which it seeks a variance. Specifically, Petitioner requests a variance from subsection 61D-14.073(1), F.A.C., that requires every Florida licensed slot machine facility to monthly manually read all slot machine meters referenced in subsections 61D-14.042(1), (2), F.A.C., and reconcile those readings with the information on the facility based monitoring system (FBMS). Petitioner requests a variance to conform its practices to proposed amended subsection 61D-14.073(1), F.A.C., which would require each licensed slot machine facility to record 25% of its slot machine meters each quarter and reconcile them with information in its FBMS. Notice of adoption of proposed subsection 61D-14.073(1), F.A.C. (together with 11 other slot machine proposed rules), was published on October 22, 2010, in Vol. 36, No. 42, Florida Administrative Weekly (F.A.W.). Petitioner requests a variance because monthly meter readings cause a substantial hardship and quarterly meter readings in accordance with the proposed rule will nevertheless accomplish the public purpose behind Section 551.103(1)(d), Florida Statutes. Petitioner also requests that the variance be temporary only until proposed subsection 61D-14.073(1), F.A.C. becomes final. Any person whose substantial interests may be affected by a variance 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 Variance or Waiver may be obtained by contacting: Agency Clerk, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399-2202, (850)921-0342.